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Vol. 20 No. 5 March 2, 2018The Journal of the Allegheny County Bar Association

PHOTO BY ERIKA DOWD

It was a full house as both plaintiff and defense attorneys turned out for the first meeting of the reconstitutedACBA Civil Rights Litigation Committee on Feb. 28. Two dozen attorneys attended the meeting, with manyexpressing enthusiasm at the prospect of having a forum where attorneys representing both sides of Civil Rights cases could exchange ideas. Led by Chair Alec Wright and Vice-Chair Caroline Mitchell, the committee meets on the fourth Wednesday of the month. To get involved, email liaison Brian Estadt at bestadt@acba.org.

Civil Rights Litigation

Changes to ADR rules will affectprocedure for bringing sanctionsBy Rebecca Canterbury

The goal of the Alternative DisputeResolution program of the federaldistrict court of western Pennsylvaniais to support the court’s missiontoward the “just, timely and economicalresolution of legal proceedings,” butmotions for sanctions have beengetting in the way.

Attorneys have been increasinglyfiling motions for sanctions related toADR, and that has prompted a call fromjudges and practitioners to adjust thepolicies and procedures to curb suchmotions while ensuring the confiden-tiality inherent to the ADR process.

“Motions for sanctions are antitheticalto the idea of ADR and mediation,”Robert Creo, adjunct professor atDuquesne University School of Law,said. “They’re against the wholenature of this process.”

Motions for sanctions arising out ofADR pose a particularly thornyproblem for judges.

“It was hurting the mediation arenato publicly act in our opinions,”explained District Judge Nora BarryFischer, who chairs the court’s CaseManagement/ADR Committee. “Wewere treating the alleged misdeeds ofone side and breaking down the wallsof confidentiality.”

The committee tasked MagistrateJudge Lisa Pupo Lenihan to lead an adhoc subcommittee to propose rulechanges to deter motions for sanctions.Lenihan said the subcommittee wascharged with brainstorming ways toimprove communication betweenparties, preserve confidentiality andclarify expectations in mediation.

Two informational CLE sessionsare scheduled for March and April toaddress the changes to the ADRprocess and the revised procedure forfiling motions for sanctions.

Attorneys who request sanctionstypically allege bad faith, arguing thatthe other side attended mediation withno real intent to settle or even lacked

authority to reach agreement, accordingto Fischer.

They argue that mediation wassometimes used for mere fact-finding,said Creo, a member of the ADRsubcommittee.

The ADR Committee proposedchanges that Judge Joy Flowers Conti,chief judge of the U.S. District Courtfor the Western District of Pennsylvania,later instituted by court order.

Chief among the new rule changes isthe process for bringing sanctionsmotions, which has become more arduous.No motion for sanctions may be filedwithout leave of the court throughentry of an order by the assigned judge.

Attorneys must first serve opposingcounsel with the proposed motion in anattempt to resolve the issues being raised.If there is no agreement, adjudicationby the court will be required.

The moving party must then file anotice of intent to file motions for

Continued on page 7

Continued on page 10

Bar to Boardready to matchyoung lawyers,nonprofit boardsBy Rachel Rosnick

Are you a young attorney with apassion for the arts or social changewho’s looking to make a difference inyour community while gaining valuableskills and leadership experience in theprocess? The ACBA’s Young LawyersDivision and Arts and the LawCommittee’s upcoming Bar to Boardprogram on March 6 and 19 wascreated for motivated young peoplewho want to use their professional skillsto make a difference just like you.

Bar to Board was sparked by adiscussion between attorney HayleyHaldeman of Jones Day and JenSaffron, director of communications forthe Greater Pittsburgh Arts Council,over lunch two years ago. Passionateabout creating an opportunity foryoung professionals eager to serve theircommunities to receive mentorshipregarding nonprofit board servicewhile making connections with localnonprofits in need of new boardmembers in the process, Haldemanand Saffron organized the first Bar toBoard networking event at theGreater Pittsburgh Arts Council in2016. The event was attended by 14 artsorganizations as well as about 50 mem-bers from the Young Lawyers Divisionand Arts and the Law Committee.

This year’s Bar to Board has beenexpanded to include both arts andsocial service nonprofits as well as anadditional education component. OnMarch 6, the Young Lawyers Divisionand the Arts and Law the Committeewill host a free lunch-and-learn with

SAVE the DATEJune 14 - 16, 2018Seven Springs, PA

More information to come.

A C B A A N N U A L

C O N F E R E N C E

Page 2 / March 2, 2018

l a w y e r sJ o u r n a l

Gender Bias Duty OfficersIf you (attorneys or law students) haveobserved or experienced any form of genderbias in your role as an attorney or lawstudent intern, you may contact any one ofthe following members of the Gender BiasSubcommittee of the Women in the LawDivision on a daily basis. The duty officerswill keep your report confidential and willdiscuss with you actions available throughthe subcommittee.

Kimberly Brown......................412-394-7995

Jeanine DeBor ........................412-396-5215

Rhoda Neft ..............................412-406-5434

Ethics HotlineThe ACBA Professional Ethics Committee“Ethics Hotline” makes available CommitteeMembers to answer ethical questions bytelephone on a daily basis.

MarchMargaret B. Angel ..................412-562-3982

Darth M. Newman ..................412-436-3443

Ernest B. Orsatti ....................412-338-1145

AprilRobert A. Cohen ....................724-693-9696

Andrea Geraghty ....................412-456-2822

Stanley W. Greenfield ............412-261-4466

The Lawyers Journal is published

fortnightly by the

Allegheny County Bar Association

400 Koppers Building

436 Seventh Avenue

Pittsburgh, PA 15219-1818

www.acba.org

Editor: 412-402-6682/bestadt@acba.org

Advertising: 412-402-6686/mgoodwin@acba.org

Address Changes: 412-402-6612

Fax: 412-261-6438

Circulation 5,858

© Allegheny County Bar Association 2018

Editor-in-Chief: Erin Lucas Hamilton, Esq.

Editor: Brian Estadt

Supervising Editor: David A. Blaner

Consulting Editor: Jennifer A. Pulice, Esq.

Advertising Coordinator: Melanie Goodwin

Graphic Artist: Jessica Wysocki Valesky

Editor/Graphic Artist: Mark Higgs

Proofreader/Opinions: Sharon Antill

n The LJ editorial policy can be found

online at www.acba.org.

n Information published in the LJ may

not be republished, resold, recorded, or

used in any manner, in whole or in part,

without the permission of the publishers.

THE FULL TEXT AND/OR HEADNOTES FOR THE CASES BELOW APPEAR INTHE ONLINE, SEARCHABLE PLJ OPINIONS LOCATED AT WWW.ACBA.ORG.

CONNECT WITHUS SOCIALLY

Commonwealth of Pennsylvania v. Keith Callen*, McDaniel, J. ..................................................................................................................Page 47Criminal Appeal—Sufficiency—Sexual Assault—Sentencing (Discretionary Aspects)—Statute of Limitations—Severance—Propensity Evidence

Multiple claims of sexual assault, with multiple victims, relating to claims against a gymnastics coach.

James J. Zwick v. Bethany Lyn Zwick and Jimmy Z’s Place, Ltd., jointly and severally

Jimmy Z’s Real Estate Management, L.P. v.Bethany Lyn Zwick and Jimmy Z’s Place, Ltd., jointly and severally, defendants, O’Reilly, J. ...............................................................Page 59Petition to Open Judgment

A party entered into two confessed judgments, and then sought to open these judgments due to the party’s history of alcoholism,threats, and lack of an attorney. The Court ruled that the party was likely under duress and did not have the capacity to enterinto the judgments, and the judgments were opened.

National Collegiate Student, Loan Trust 2006-3, a Delaware Statutory Trust(s) v.Leshay L. Robinson and Gloria M. Smith, O’Reilly, S.J. ...............................................................................................................................Page 60Negligence—Nuisance—UTPCPL—Strict Liability

In action by Homeowners against Municipality and Water company for house fire damages resulting from non-functioning fire hydrants,preliminary objections sustained on nuisance counts. However, strict liability and UTPCPL claims permitted to go forward even thoughdefendants were not manufacturers of defective fire hydrants. Negligent supervision claim permitted to go forward despite lackof allegations related to intentional acts.

*This opinion was redacted by the ACBA staff. It is the express policy of the Pittsburgh Legal Journal not to publish the names of juveniles incases involving sexual or physical abuse and names of sexual assault victims or relatives whose names could be used to identify such victims.

Need clients?The Lawyer Referral Service can help bring them to you.For details, contact Whitney Hughes at 412-402-6703 or whughes@acba.org.

To learn more, see getapittsburghlawyer.com.

March 2, 2018 / Page 3

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and employers – who may not fre-quently visit ACBA.org.”

LES offers four key services:• Career counseling – Candidates

can meet with Pulice and/or ACBAExecutive Director David Blaner toreview their resumes, learn abouttrends in the profession, hear aboutthe latest openings, get resume tipsand more. There is no fee for jobseekers to work with LES.

• ACBA Job Board – Candidateslook to the ACBA to find out about thelatest job openings. Employers – law

firms, nonprofits or corporations – cancapitalize on this by posting openpositions at the ACBA’s job board,which gets an average of more than10,000 hits per month.

• Legal candidate placement –Employers can retain the ACBA torecruit, interview and place candidates.This is especially attractive to firmsand other organizations that do nothave in-house human resourcesdepartments. There’s no financial riskfor employers to use this servicebecause, if the ACBA does not find theright candidate for the position, thereis no placement fee.

• Diverse-candidate recruitment –The ACBA promotes diversity in thelegal profession and can help employersdo the same.

Pulice, an attorney by trade whohas worked for the ACBA in variouscapacities for 17 years, officially tookover as the director of Legal EmploymentServices in 2017. Since taking on the newrole, she’s reshaped how LES workswith both employers and job seekers.

“We really do offer a comprehensivemenu of services, all related to careersin the legal profession,” she said.

The new website allows for easiernavigation and contains more robustinformation for job seekers andemployers.

In addition to the easy-to-rememberwebsite address, the new site isconstructed with several behind-the-scenes features designed to make iteasier for prospective users to find itvia Google searches.

The site also contains new features,including helpful career-themedarticles and job-searching tips. Newtips and articles will be added frequently,and many will be published in theLawyers Journal in the new “careercorner” monthly feature.

“With new tips and job postingsconstantly being added, we envisionPittsburghLegalJobs.com will be an‘always something new’ kind of site,”Pulice said. “Our goal is for the site tobe a constant resource for bothemployers and job seekers, a site youshould bookmark and visit frequently.”

Pulice added that it’s currently agood market for job seekers in thePittsburgh area.

“We have more than two dozen jobsposted on our job board right now.These range from associate attorneypositions to paralegal jobs to part-timelegal assistant positions,” she said. “Ifyou are looking for a career change –or if you know of others who arelooking – definitely check outPittsburghLegalJobs.com.”

For more information on ACBA LegalEmployment Services, contact Puliceat jpulice@acba.org or 412-402-6623. n

Rapidly growing Legal Employment Services launches new websiteBy Brian Knavish

One of the main reasons manyattorneys join bar associations is forhelp finding jobs, be it their first job,their next job or their dream job.

Whether it’s networking with otherattorneys at bar events, seekingresume advice from the association’sexecutive director or building crucialskills through CLEs, career helpalways has been one of the maindraws of joining a bar association.

The ACBA has long filled theseneeds for the Pittsburgh legal communityin one form or another, but in 2016, theassociation formalized these efforts bycreating a department dedicatedexclusively to these efforts: ACBALegal Employment Services.

In less than two years, LES hadrapidly evolved. Last month – fueledby this growth – LES launched a newwebsite dedicated exclusively toserving the needs of jobseekers andemployers in the Pittsburgh legalcommunity. The new site can befound at the familiar address: PittsburghLegalJobs.com.

“LES has always had a presence onthe ACBA website, but as our offeringsand target audience evolved, it madesense to build a standalone websitededicated to our work,” said JenniferPulice, the ACBA’s director of LegalEmployment Services. “This isespecially helpful because we offerservices for ACBA members, as wellas the legal community overall –including paralegals, legal secretaries

Jennifer PuliceACBA Director of

Legal Employment Services

“

”

We have more than two dozenjobs posted on our job board rightnow. These range from associateattorney positions to paralegal jobsto part-time legal assistant positions.If you are looking for a careerchange – or if you know of otherswho are looking – definitely checkout PittsburghLegalJobs.com.

– Jennifer Pulice, ACBA director of Legal Employment Services

Page 4 / March 2, 2018

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PHOTOS BY MARK HIGGS

Sunny Yang, co-chair of the Asian Attorneys Committee; Tara Pfeifer, Nazli Sakaand Kathy Felezola put a brief hold on their meal to smile for a photo during theAsian Attorneys Committee’s Annual Lunar New Year Banquet. The banquet,which featured a 10-course meal of delicious Chinese cuisine, was held at the Chinatown Inn in downtown Pittsburgh on Feb. 8.

Lunar New Year

Erica Pietrantonand Bryan Neft,ACBA President-Elect, take amoment to chatduring the banquet.

Succulent dishes and smiling attorneys characterized the evening,as portrayed here with, front, from left: Carl and Stephanie Anderson,Gretchen Schumacher, Melaine Shannon Rothey, Aimee Burton,Kurt Mulzet; back: Emily Crawford and Gilda Arroyo.

Alysia Keating, director of the ACBA Institute for Gender Equality; Judge Carlota Böhm, Elizabeth Slaby and Kathy Theisget ready for the banquet.

March 2, 2018 / Page 5

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The sold-out annual banquet often is described by attendees as their favoriteACBA event of the year. Among those attending were, in front, from left: LoriMcMaster, Alysia Keating, Mary Kate Coleman, Erica Coffey, Qiwei Chen; back:Mary Murray and ACBA President Hal Coffey.

Lunar New Year

A traditional Chinese lion dance entertained the crowd beforethe food was served.

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Page 6 / March 2, 2018

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PHOTOS BY ERIKA DOWD

Judges Alan Hertzberg, Patrick Connelly, Mark Tranquilli, Kim Eaton, Michael Wojcik,Cathy Bissoon, Hugh McGough and Donald Walko pose for a photo before teaming up withmembers of the Young Lawyers Division for the YLD’s Feb. 8 judicial trivia event. Attendeesparticipated in a networking session before competing for prizes in a general trivia contestat the Rivers Club in downtown Pittsburgh.

YLD Judicial Trivia

Judge Donald R. Walko (left) chats with YoungLawyers Division members Andrew Griffin (center)and Robert Raver during the networking at theRivers Club.

Judges Mark Tranquilli and Kim Eaton pause their conversation to pose for a photo during the networking session.

“Holding court” in the colloquial sense,Judge Kim Eaton ishappy to share advicewith some of the youngattorneys and lawschool students whoparticipated in thetrivia night.

March 2, 2018 / Page 7

Carolyn Duronio, partner at ReedSmith, who will provide guidance toYLD members regarding the respon-sibilities of serving on a nonprofitboard. This educational program willbe followed on March 19 by a “speed-dating”-style nonprofit board matchingevent where young lawyers will meetwith representatives from about 11different local nonprofits, such asSisTers PGH, City Theatre Company,and Artists Image Resource.

Pittsburgh is home to more than3,000 nonprofit organizations, andthere’s a huge – and growing – needfor dedicated and qualified boardmembers both locally and nationally.Nearly all nonprofits have at least oneattorney on their board and, thoughthey cannot legally represent theorganization, the nonprofit benefitsgreatly from the lawyer’s specializedknowledge and expertise. Nonprofitsregularly face a wide variety of risk-management issues and contractualconcerns, from maintaining their tax-exempt status to entering into contracts,and lawyers are better positioned thanother board members to spot potentiallandmines, many of which may not beapparent or even recognizable tothose without a legal background.Because of this, attorney board membersare uniquely able to offer adviceallowing the organization to avoidexpensive and unnecessary litigationas well as to identify times when outsidecounsel should be sought.

Pittsburgh lawyers and law firmsare big supporters of nonprofits andthe arts and, in addition to providingfinancial support through actions suchtaking out program ads, they oftendemonstrate their commitment to a

nonprofit’s mission by directly servingon the organization’s board. For theattorney, nonprofit board service canbe professionally and personallyrewarding in ways that are whollyunique from their workplace accom-plishments. Peggy Outon, executivedirector of the Bayer Center forNonprofit Management at RobertMorris University, believes that mostlawyers are drawn to the legalprofession by a desire to serve othersand that, by serving on a board of anonprofit organization with a missionthey care deeply about, young profes-sionals have the invaluable opportunityto participate in tackling – andhopefully solving – some of society’sbiggest issues.

While board members should not beprimarily motivated by the potentialbenefits to themselves, Outon said, theskills developed and relationshipsformed during board service can havesignificant professional and personalimpact. In addition to gaining valuablemeeting management and decision-making skills and learning how tonavigate the ups and downs of thegroup decision-making process, servingon a nonprofit board also providesyoung lawyers the chance to be in theroom with professionals who theyadmire and who share their values.

For young attorneys, board servicemay also be their first chance toinfluence the decision-makingprocess in a setting where, regardlessof their junior roles at work, they areobligated to speak up on matters ofsocietal consequence in a space wheretheir contributions to the conversationare valued equally.

Interested in serving on the boardof a nonprofit but not sure where tobegin? Michelle Heck, founder ofNonProfit Talent, advises youngattorneys to take an active “dating-style” approach to matching with anonprofit whose mission “lights themup inside.” First, attorneys shouldidentify the values and issues thatmotivate them and research localnonprofits committed to solving thoseproblems. Next, Heck said, attorneysshould educate themselves on thetime commitment and work involvedin board service and the organizationalrole of the board. Then the attorneysshould directly reach out to nonprofitswhose missions they care about tolearn more about their organizationand future board opportunities.

For YLD members, starting thisprocess is easy. Just identify theissues close to your heart and let theupcoming Bar to Board program takecare of the rest. n

To get involvedThe Lunch-and-Learn is set for noon on Tuesday, March 6, in the KoppersBuilding lower level conference center. It’s free to YLD members, and lunchis provided.The matching event will take place in the One Oxford Centre offices ofPietragallo Gordon Alfano Bosick & Raspanti, LLP on Monday, March 19,from 5:30 to 7:30 p.m. Cost is $5 for YLD members.To register for either Bar to Board events, see acba.org/CLE-Events.

BAR TO BOARD continued from front cover

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Bankruptcy section, JKF bankruptcy inn of courtteam up for financial literacy program for studentsBy Alexis Leventhal

In 2017, Pennsylvania received an“F” for the state’s failure to requirefinancial education from ChamplainCollege, a private institution inBurlington, Vt., that has been measuringhow well high schools incorporatefinancial literacy into their curriculumsince 2013.

Seeing this need to help educatePennsylvania’s youth on responsiblepersonal finances, the Judith K.Fitzgerald Western PennsylvaniaBankruptcy American Inn of Courtpartnered with the ACBA’s Bankruptcyand Commercial Law Section to forman outreach committee tasked withcreating and implementing a personalfinance presentation for local highschool students. The committeedebuted the program Jan. 9 at SenecaValley High School, with attorneysproviding an overview of debt, creditand the bankruptcy process to thestudents. Students then participatedin an interactive budget activity.

The program is a natural fit for theparticipating attorneys, as their practicesrequire an understanding of and abilityto untangle personal and corporatemismanagement of finances.

By providing this education,committee members hope to bringabout the benefits of the financialliteracy education illustrated bystudies on the topic: that graduatesfrom states with mandated financialliteracy education in high school have

higher credit scores and lower loan-default rates than graduates fromstates without such requirements.

The program will be repeatedseveral times this school year atvarious local high schools with newvolunteers participating each time toprovide a true hands-on volunteerexperience for JKF Inn and ACBAmembers and an important life lessonfor students. n

Alexis Leventhal is a member of the

Florida and Pennsylvania Bars and a

Financial Industry Group Associate in

the Pittsburgh office of Reed Smith, LLP,

practicing in the area of Restructuring &

Bankruptcy. She is a member of the

ACBA Bankruptcy and Commercial Law

Section Council.

                                                            

SUBMITTED PHOTO

Luke Sizemore, chair-elect of the ACBA bankruptcy section and president of the JKF Inn, and outreach committee chair Alexis Leventhal discuss financial literacy with a class of Seneca Valley seniors during theJan. 9 program.

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Page 10 / March 2, 2018

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Witzel honored with SpringerProfessionalism Award

The W. Edward Sell American Inn of Court presented Kenneth J. Witzel with the 2018 EricW. Springer Professionalism Award for 2018 in January. Witzel amaster of the bench in the inn, wasrecognized for his work as a past president of the Inn and his willingness to mentor and help otherinn members.

The award honors a member of theSell Inn whose life and practice displaysterling character, unquestioned integrityand an ongoing dedication to the higheststandards of the legal profession andthe rule of law. It was named in honorof Eric W. Springer, who in 2006 wasthe Sell Inn’s first recipient of theAmerican Inns of Court ProfessionalismAward for the Third Circuit. n

sanctions, including a certificateattesting that the parties met anddiscussed the content of the proposedmotion and were unable to resolve theissues. The parties must indicatewhether confidential informationmight be implicated in the resolutionof the proposed motion.

Neither document can make anyreference to confidential informationgleaned from the ADR process. Priorto the filing of the motion, a judge willschedule a conference to resolve theissues. Even if leave to file the sanctionsmotion is granted, the moving partymust request leave of court to fileportions containing confidentialinformation under seal.

Additionally, the new rules refinewhat it means to act in good faith.Parties must now notify opposingcounsel and the mediator at least 15days in advance of the mediation ifthey have no intention of making ademand or an offer – or if they intendto defer settlement discussions untilthe disposition of certain motions.

There is no violation of good faith ifthe parties elect to proceed throughmediation knowing that no offer ordemand will be made. Alternatively,parties may choose to proceed to earlyneutral evaluation (ENE).

To allow for a more forthcomingcase assessment at ENE, parties mayagree to have oral evaluation by anENE neutral separately. If parties donot agree, the ENE will be conductedin separate session.

CHANGES TO ADR RULES continued from front cover

The committee also understoodthat mediation often takes place wellbefore parties are ready to negotiate.Parties will have the ability to file amotion requesting that the ADRprocess – whether it is a mediationor ENE – be conducted later than60 days after the initial case manage-ment conference.

Karen Engro, ADR coordinator forthe Western District of Pennsylvania,said she strongly encourages attorneysto attend the upcoming CLE sessions,which will go into greater detail aboutthe new rule changes.

“If you practice in the WesternDistrict of Pennsylvania, it’s importantto know the rules,” Engro said.

The CLEs also are an opportunityto hear from the judges and practitioners who drafted the new rule changes and provide feedbackand suggestions.

“It helps attorneys avoid spinningtheir wheels preparing papers that areextraneous,” Fischer said. n

To learn moreThere will be two CLE programs on the ADR rule changes. TheCLEs will be held on Wednesday,March 14, from 8 to 9 a.m. in courtroom 3B and Thursday, April 19, from noon to 1 p.m. in theCourthouse Jury Assembly Room.Program notices will be emailed toeveryone who is registered in thecourt’s Electronic Case Files system.

Begin your day with us at www.pittsburghlegaljournal.org

SUBMITTED PHOTO

From left are Ben Bratman, Michael Feeney, Chief Judge Joy Flowers Conti of U.S. District Court of the Western District of Pennsylvania, Ken Witzel, Eric Springer, Cheryl Esposito Kaufman andCharles De Monaco.

March 2, 2018 / Page 11

March 13 – Environmental Sampling 101: Water Sampling and AnalysisThe first in a three-part series exploring air, water and soil samples for use inenvironmental law, this program will explore the basics of water sampling.Topics include groundwater sampling for purposes of Phase II site investigations,remediation and Pennsylvania's Act 2 program; wastewater sampling, includingsampling required under NPDES wastewater discharge permits; and surfacewater sampling, for regulatory compliance purposes. The program will addresslaboratory procedures and methods for analysis. Special attention will be givento strategic tips and “lessons learned” in terms of developing sampling plans,choosing sampling methods and defending or attacking laboratory methodsand procedures. Subsequent programs will focus on soil sampling (June 20) andair sampling (Sept. 13). Register for the entire series in advance, and save a totalof $20; to take advantage of the package deal, you must register by phoneat 412-402-6614. • Tuesday, March 13, noon; Gulf Tower• 1 Substantive CLE credit

March 15 – Executive Compensation Issues in Family Law MattersExecutives frequently make a lot of money. How does this executive-levelcompensation impact family law matters? This program will feature acomprehensive discussion and analysis of executive compensation componentsfrom the inclusion/exclusion in disposable income to valuation for equitabledistribution. The seminar will include discussions of short- and long-termincentives, performance awards, restricted stocks, stock options, phantomstock, deferred compensation and qualified and nonqualified pension plans. • Thursday, March 15, 2 p.m.; Koppers Building• 2 Substantive CLE credits

March 20 – Ethical Challenges of Managing a Law Practice and Case Docket inthe Social Media AgeThe program will address the ethical challenges that modern practitioners facewith the rise of social media. Panelists will discuss the solicitation of clientsthrough electronic media and social networks, along with electronic communicationwith clients, parties and court staff. Additional topics include the exposure ofpersonal information on social media networks, electronic-based professionalnetworking and the exposure of confidential information. Attendees will learnways to protect both themselves and their practices in the fast-changing world of social media and digital communications. This program qualifies for CJE credit.• Tuesday, March 20, noon; Koppers Building• 1 Ethics CLE credit

March 22 – Life and Disability Insurance - Protecting Lawyers’ Families from DebtDo you know what you need to consider when renewing or purchasing lifeinsurance? Have you thought about what would happen to you if you becomedisabled? What is the right kind of life and disability insurance coverage for you,your family and your firm? The seminar will address life and disability insurancebenefits, what coverage to look for and the options to obtain from the provider.Hear from an industry expert from USI Affinity, and get the right questions to askbefore you renew or purchase coverage.• Thursday, March 22, noon; Koppers Building• 1 Ethics CLE credit

A C B A

CLE

UPCOMING CLEs from theALLEGHENY COUNTY BAR ASSOCIATION

To register for any ACBA CLE program, seecle.acba.org. Programs qualifying for Continuing

Judicial Education credits are noted below.

March 23 – An Examination of Special Education Dispute RemediesDo you represent those with special education needs, their guardians or educationalfacilities? Disputes are unfortunately common in special education. This discussionwill cover the current state of special education dispute remedies, their statuteof limitations and remedies awarded in recent cases. This program will explorethe intricacies of potential relief and remedies – including compensatory education,tuition reimbursement and placement – that may be available in special educationdisputes. The presentation will include a discussion of relief, both retrospectiveand prospective, at different points in the dispute-resolution process. Thepresenters also will touch upon some practical applications of the statute oflimitation in the post-GL v. Ligonier Valley world.• Friday, March 23, noon; Koppers Building• 1 Substantive CLE credit

March 27 – Sex With ClientsSex with clients? It’s a bad idea. Sexual relationships with clients, their spousesand/or opposing lawyers create conflicts of interest that can negatively impactan attorney’s ability to provide fair legal representation. This holds true evenwhen the relationships don’t quite reach the level of sex. Renowned DuquesneUniversity professor Mark Yochum will explore this issue, one that can ruin anattorney’s career. The evolution of the modern rule restricting this behavior isinstructive as a matter of professionalism and as a lesson in lawyers’ attitudestoward conflicts of interests generally.• Tuesday, March 27, noon; Koppers Building• 1 Ethics CLE credit

April 3 – Man’s Best Friend: Fitting Fido into Public PlacesAnimals play a larger role in the lives of people today than ever before. This programwill cover the various legal issues affecting animals, including animal welfare andthe rights of service and therapy animal owners in areas such as housing,employment and public accommodations. The program will be beneficial toattorneys practicing animal law, disability law and employment law, as well asfor any attorney who has a companion animal and/or is interested in legal issuesaffecting companion animals. This program is part of the Young Lawyers’ Division’s2017-18 BLI Class Project focusing on the intersection of animals and the law.• Tuesday, April 3, noon; Koppers Building• 1 Substantive CLE credit

April 4 – The Golden Rolodex System: How to Create Endless Referrals forYour PracticeIt goes without saying that referrals are the key to business – and dollars – formost attorneys. But what are the best ways of going about creating referrals foryour practice? This fast-paced CLE has been described as “immediately actionable.”What you learn about creating endless referrals at noon, you will be able toimplement that afternoon. Specific topics include becoming the center ofinfluence in your community, identifying overlooked referral sources, creatingrevenue streams in less time, overcoming networking missteps and more. Lunchwill be served.• Wednesday, April 4, noon; Koppers Building• 1 Substantive CLE credit

April 6 – Got Cuffs? Your Friend Got Arrested … Now What Do You Do?All lawyers receive calls from friends, old clients and family members whensomeone close to them gets in trouble. The purpose of this program is to educateattorneys on the importance of preliminary hearings, things to do prior to thepreliminary hearing, preserving evidence and other steps to take to protect therights of a client. Specific options available to attorneys in Allegheny County andsurrounding counties also will be discussed. The seminar will include discussionof the Rules of Professional Conduct, the Rules of Criminal Procedure, defendingcommonly charged crimes and plenty of real-life examples. This programqualifies for CJE credit.• Friday, April 6, 2 p.m.; Koppers Building• 1 Substantive, 1 Ethics CLE credit

Page 12 / March 2, 2018

Samuel J.Cordes & Associ-ates has joinedRothman Gordon.Three employ-ment attorneys –Samuel J. Cordes,John E. Black andNicholas A.Krakoff – havejoined the firm, ashave paralegal LeaAnne McCabe-Ferita and legal

assistant Melissa Damp. Their additiongives the firm now home to one of thelargest plaintiff employment practicesin Pittsburgh. During his 30-year

People on the MoveJoseph V.

Lesinski has beenelected to share-holder at MarshallDennehey WarnerColeman & Gogginin the casualtydepartment. Heconcentrates hispractice in thedefense of compa-nies and individu-als in complexcivil litigation

matters. Lesinski has handled complexproduct liability, premises liability,auto liability, dram shop and constructionlaw cases involving property damage,serious personal injury and death.

Bill Gray, long-time partner atVuono & Gray, LLC, has retired fromthe practice of law. Gray began hislegal career at Vuono & Gray in 1973, and spent the following 44 years working in a variety of practice areas, including transporta-tion, employment and business law.He will continue to assist the firmwith transition matters.

Bar Briefs

Lawyers’ Mart

Where Employment Meets the Law

412.325.7700 • www.johnstonlykos.law

Pittsburgh, PA

Mediation and Arbitration/Civil Litigation

• Resolved over 1,500 cases through Mediationand Arbitration (UM/UIM)

• Practicing Civil Trial Lawyer with over 35 years experience representing plainti�s and defendants (auto, premises, products liability, medical malpractice, bad faith,workers comp)

• Knowledge of insurance coverage disputes and primary/excess insurance coverages

• Member - Academy of Trial Lawyers of Allegheny County

• Approved Mediator - U.S. District Court, Western Districtof PA

• Invited Member - The National Academy of Distinguished Neutrals (NADN)

HARRY M. PARASAttorney at Law

428 Boulevard of the AlliesSuite 300Pittsburgh, PA 15219

Phone: 412-391-8100

Fax: 412-391-9972

Email: hmp@harryparas.com

Website: www.harryparas.com

career, Cordes has tried more than 50 employment cases to successfulverdicts. He also has successfully litigated more than 25 appeals beforefederal and state appellate courts, and he has tried numerous high-profile employment discriminationcases in the Western District of Pennsylvania. He was lead counsel inthe largest individual ADEA verdictand largest pregnancy discriminationverdict ever awarded in the Western

District of Pennsylvania, and he won the first employment case underthe Americans with Disabilities Act tobe tried to verdict in the Western District of Pennsylvania. Last year, Cordes won the first case inPennsylvania in which the Courtfound a public employers’ failure toprovide retiree spousal health carebenefits to a gay couple violates thefederal civil rights laws and the U.S. Constitution.

APPRAISALSANTIQUE AUTO APPRAISALS for all vehicles 1900 to2005. Expert Witness. Diminished Value. CertifiedAppraiser - K. Merusi. 412-731-2878.

CAREER CONSULTINGCHRIS MILLER, J.D. – 20+ years providing confidentialcareer consulting services for lawyers in transition.412-926-5207. www.millercareerconsulting.com.

DOCUMENT EXAMINER/HANDWRITING

J. WRIGHT LEONARD, BCFE, CDE. Certified. Experiencedin Federal, State & Local Courts. Testimony in Civil &Criminal Matters. 215-735-4000. www.ForgeryID.com.

ECONOMIST/VOC. EXPERTWM. HOUSTON REED, Ph.D. – 25+yrs. of forensiceconomics & vocational eval. expertise in one report.1-888-620-8933.

ESTATE PLANNINGIF YOUR CLIENTS ARE CONSIDERING CHARITABLEGIVING as part of their estate planning The Pittsburgh

Presbytery Foundation can provide a means to supportcharitable work helping those in need throughout SWPennsylvania. For more information contact the Foundationat www.pghpresbytery.org/pghpresbyterianfdn.htm orRev. Dr. Douglas Portz at 412-323-1400 Ext 318.

MEDICARESET-ASIDES

SUSAN V. MASON, ESQ., MSCC – Protect your client,your practice and extinguish exposure under theMedicare Secondary Payer (MSP) Act. Personalizedservice and expertise you can trust. 412-302-8880;smason@firstreviewinc.com.

OFFICESPACE

REGENT SQUARE – 1 or 2 office spaces for rent in a 3office suite. Secretary space also available. Call or textGeorge Pettrone at 412-398-6989.

PROCESS SERVICEINVESTIGATING

THE IMPOSSIBLE WE DO RIGHT AWAY! MIRACLESTAKE A LITTLE TIME. EMPIRE INVESTIGATION 412-921-4046. Visit us on our website, www.empireinv.com.

Joseph V.Lesinski

Samuel J.Cordes

John E.Black

Nicholas A.Krakoff