dayton lawyer - fall 2010

DAYTONLawyer

U N I V E R S I T Y O F D A Y T O N S C H O O L O F L A W | F A L L 2 0 1 0

LONDONOLYMPICS

CREDIT CRISIS SPOTLIGHTS RISKINFORMATION FROM EXPERTS

MIDDLE SCHOOL MEDIATORS

THE CHANGING OF THE DEANS

1FALL 2010 DAYTON LAWYER

Class change in Keller Hall Photo by Larry Burgess

2 DEAN’S MESSAGE Pride, gratitude, delight

3 CONvERSATION PIECES From global crime to local dining

4 BRIEFS Lisa Kloppenberg is stepping aside as dean after a

decade in the post.

7 EXPERT INSTRuCTION From a bankruptcy law professor and an in-house

real estate counsel

8 WHERE DID ALL THE MONEY GO?

BuRSTING BuBBLES In the first part of the century, money was so

easy for so many to find. Since 2007, not so much.

Richard Apostolik ’77 and Dayton law professors

Eric Chaffee and Harry Gerla take a look at

the credit crisis, what happened and what’s

happening now.

12 A CITY WITH A PAST PLANS AN OLYMPICS LOOKING TO THE FuTuRE

LONDON TRANSFORMED The Olympics are the world’s largest peacetime

event. Heading the legal team of the London 2012

Organising Committee is Terry Miller ’77.

16 ROuNDTABLE A profile and a plethora of class notes

20 GOOD WORKS Making Catholic middle school students into good

little mediators

The Dayton Lawyer is published by the University of Dayton School of Law in cooperation with the office of University communications. Send comments, letters to the editor and class notes to: Dayton Lawyer, University of Dayton, 300 College Park, Dayton, OH 45469-2963. Fax: 937-229-3063 E-mail: [email protected] Editor: Thomas M. Columbus [email protected]

Graphic designer: Jeff Ohl Photographer: Larry Burgess Graduate assistant: Emanuel Cavallaro Undergraduate assistants: Maggie Malach, Seetha Sankaranarayan Cover: Terry Miller ’77 by Olympic Stadium in London. See Page 12. Photo by Richard Boll

In This Issue

2 DAYTON LAWYER FALL 2010

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Proud, grateful, delightedThe Dayton Law community is buzzing with activity. Our presence is

growing nationally and internationally.

We are so proud of our alumni. This issue features Terry Miller ’77,

general counsel for the London 2012 Organising Committee of the

Olympic Games and Paralympic Games. In our other feature article,

Rich Apostolik ’77, a member of the School’s Advisory Council, speaks

about risk management, a complex and growing field which he is shaping.

Our dynamic students are following the path of our alumni, studying

hard, pursuing externships and career opportunities with our alumni and

friends around the globe. They are also serving locally, training middle

schoolers to be “peacemakers” and serving literally “hands-on” in

cleaning up a local park. Many serve side-by-side with alumni in pro

bono legal work.

In this challenging time, we are grateful to be making strides: in

recruiting talented students, providing innovative learning opportunities

with our Lawyer as Problem Solver curriculum and strengthening our

outstanding programs. Our faculty continue to write and speak around

the country. And in the past year, about a third of them taught or

lectured abroad.

In the coming months:

• Jan. 20-21, the Gilvary Symposium on child advocacy will feature

Katharine T. Bartlett, A. Kenneth Pye Professor of Law at Duke

University, where she previously served as dean of the law school, and

Judge Glenda Hatchett, who has served as national spokesperson for

Court Appointed Special Advocates.

• On March 22, Kenneth Feinberg, whose work — including heading

both the 9-11 and the BP victim compensation funds — has made him

the nation’s leading expert on mediation and alternative dispute

resolution, will speak on “Unconventional Responses to Unique Disasters.”

It’s a blessing to be part of this vibrant community. This holiday

season, you and your families are in our thoughts and prayers as we

strive to keep the Marianist spirit alive.

Lisa A. KloppenbergDean, School of Law

Where’s the crime scene?CYBERCRIME

A small Kentucky county has $415,000 of its money stolen. The money ends up outside of the U.S. Apparently someone in the Ukraine stole the login credentials of the Kentucky county treasurer. How do you investigate such a crime? That’s among the scenarios in Susan Brenner’s latest book, Cybercrime: Criminal Threats from Cyberspace, published by Praeger for a general audience.

From global crime to local dining

CONvERSATION PIECES



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Eat healthyTHE JuRY BOX

Or have some chicken tenders. The Jury Box, in its third year of serving law students in Keller Hall, has added chicken (fried and grilled) to its menu, which also includes a soup of the day and a daily hot special (mac and cheese is a big hit).

“Do what you love. Do what you’re good at.”—OHIO SuPREME COuRT JuSTICE ERIC BROWN SPEAKING TO

NINTH- AND 10TH-GRADERS IN THE SCHOOL OF LAW’S LAW AND

LEADERSHIP SuMMER INSTITuTE

“The first thing we do, let’s kill all the lawyers.”—DICK THE BuTCHER, A CHARACTER IN SHAKESPEARE, WHO

IS A MuRDERER PLOTTING TO OvERTHROW THE GOvERNMENT

THuS CREATING ANARCHY SO CRIME MAY FLOuRISH

“Billable hour: here today, gone tomorrow? The trend over the next five years will be away from the standard billable hour to creative alternative fee arrangements in litigation,

e.g., flat fee or a flat fee plus bonus incentives for performance/recovery.”—RON RICHMAN ’84, MANAGING PARTNER OF THE SAN FRANCISCO OFFICE OF BuLLIvANT HOuSER BAILEY PC

“Many things that people are just starting to talk about are things the University of Dayton has been doing for years.”

—PROFESSOR ERIC CHAFFEE ON DISCuSSIONS HELD AT A CONFERENCE, “FuTuRE ED: NEW BuSINESS MODELS FOR

u.S. AND GLOBAL LEGAL EDuCATION,” COSPONSORED BY NEW YORK LAW SCHOOL AND HARvARD LAW SCHOOL

Sailing, sailingIN THE PuBLIC INTEREST

One of the prizes in the Public Interest Law Auction during Alumni Weekend in May was to visit Michigan and sail with professor emeritus Dennis Turner. The auction, which raised more than $9,000, helped sponsor summer law internships. To look at an internship at work, see Page 20.

Invasion of the honeysuckleSTuDENT SERvICE

Two days before the beginning of the fall term, more than two dozen first-year law students (as well as the dean and the dean of students, Lisa Kloppenberg and Lori Shaw, and professor Sheila Miller) went to Glen Helen Park in nearby Yellow Springs, Ohio. There they removed debris and cleared honeysuckle that chokes out native plants.


News from Keller Hall

BRIEFS

One step at a timeCarter stewart used to teach high

school. now he is the U.s. attorney for

the southern District of Ohio. Last fall,

speaking to UDsL students he advised

them to “make short-term [career]

decisions

that resonate

with you and

make sense

to you each

step along

the way.”

Recalling his

path from

teacher to

U.s. attorney, he said he “never

knew what i was going to do four, five

steps down the road.”

But he did know he wanted to do

public service and be involved in litiga-

tion. “i liked the idea of going to court; i

liked the idea of getting up in front of a

jury, in front of a judge.”

Feinberg, BP compensation czar, to speak at school March 22

Attorney Kenneth Feinberg, the best-known expert in mediation of complex cases, will speak on “Unconventional Responses to Unique Disasters” at 7 p.m., Tuesday, March 22, at the School. Feinberg served as the special master of the Federal September 11th Victim Compensation Fund of 2001. He shared his experience in his 2005 book What Is Life Worth? Feinberg was fund administrator for the Hokie Spirit Memo-rial Fund following the shootings at Virginia Tech. He also has served as special master in Agent Orange, asbestos personal injury, wrongful death claims, Dalkon shield and DES (preg-nancy medication) cases.

Feinberg founded Feinberg Rosen, LLP in 1992. He has been involved in resolving thousands of disputes involving a wide range of interests and clients. Feinberg currently serves as the government-appointed administrator of the $20 billion BP Deepwater Horizon Disaster Victim Compensation Fund.

Dean Lisa Kloppenberg worked for Feinberg while she was an associate at Kaye Scholer in Washington, D.C.

For more information, see http://www.udayton.edu/law/events/events.php.

New prof, new director

susan Wawrose

has been named

director of the

graduate law pro-

grams. Launched

in 2007, the

LL.m. and m.s.L.

programs currently have 11 students

enrolled. Wawrose, who joined the

faculty in 1998 in the Legal profes-

sion program, will continue teaching

courses in that area.

new to the faculty

this year is adam

todd, a member of

the Legal profes-

sion program. His

most recent teach-

ing position was at

northern Kentucky University, where

he also served as director of academic

support.


IN THE NEWSThe Associated Press quoted Lori Shaw in an article on the Ohio death penalty. The article appeared in Time magazine and more than 160 other media outlets.

The Washington Post quoted Thaddeus Hoffmeister in an article, “Social networking among jurors is trying judges’ patience.”

Ohio Magazine ran a feature, “Class Act: University of Dayton law professor Dennis Greene’s résumé includes Harvard, Yale — and Sha-Na-Na.”

BRIEFS After a decade as dean,Kloppenberg to return to the classroom

When she came to the University of Dayton a decade ago, Lisa Kloppenberg had labels like “one of the young-est law deans in the country” and “the first female to lead an Ohio law school.” As she looks forward to her last semester as UDSL dean, she bears a label as a leader in curricular reform.

She admits that “this is a time of great momentum” but notes that the “Lawyer as Problem Solver curriculum builds on a history of innovation in the School of Law. Before national calls for legal education reform, our creative faculty stepped up and met the challenge.”

How they met the challenge has garnered attention. In 2005, the major news magazines, national newspapers including The New York Times and the Associated Press reported on the new, accelerated five-semester degree. That same year, U.S. News & World Report ranked the School’s legal writing program in the top 20 in the country. In 2006, the new curriculum, which includes a track in appro-priate dispute resolution, received an award for excellence from the International Institute for Conflict Prevention and Resolution. In 2007, the Carnegie Foundation for the Advancement of Teaching invited the School — and a handful of others, including Harvard, Stanford and Georgetown — to examine how American law schools prepare lawyers and to make recommendations for reform.

“Dean Kloppenberg has enhanced the reputation of the School of Law in an incredible way,” said University of Dayton Provost Joseph Saliba. “On the curricular front, she is truly innovative, creative and world-class. Other renowned law schools are now following our lead. Most importantly, she appreciates and lives the University’s Catholic, Marianist charism.”

Don Polden, dean of the Santa Clara University School of Law and chair of the standards review committee of the American Bar Association, said, “I think she’s perceived as a real visionary in the area of curricular reform. I can certainly attest to the fact that she’s very highly regarded by other American law school deans. She’s done some very thoughtful things in the areas of student learning outcomes and the ethical and moral development of students.”

Daniel J. Curran, president of the University of Dayton, summed up opinion of her: “She’s been very innovative. She’s just done a wonderful job.”

By thenumbers1: Number of points the median LSAT (152) of this year’s entering class increased over that of last year’s; also the number of points the 75th percentile LSAT (154) of this year’s entering class increased

2: Number of points the 25th percentile LSAT (150) of this year’s entering class increased over that of last year’s

11: Number of students currently enrolled in the LL.M. and M.S.L. programs, now directed by professor Susan Wawrose

14, 15: Dates in May 2011 for Alumni Weekend

16: Number of years that Kathy Duell, administrative assistant to the dean, worked on Bachelor of Arts in English degree before graduating cum laude in May and receiving the Nora Duffy award, given to an adult learner who has overcome significant obstacles on the way to earning a degree

93.4: Percent of the class of 2008, reporting in 2009, finding employment within nine months of graduation — outpacing the national average by three percentage points

9,000: Dollars raised at Alumni Weekend’s Public Interest Law Auction on May 15 to sponsor summer living costs of nine law students working in public interest internships

May 14 & 15


Susan Brenner’s latest book, Cybercrime: Criminal Threats from Cyberspace, offers an overview of cybercrime and an in-depth discussion of the legal and policy issues surrounding it.

Susan Brenner and Megan Rehberg ’09 published the article “‘Kiddie Crime?’: The Utility of Criminal Law in Controlling Cyberbullying” in First Amendment Law Review, produced by the University of North Carolina School of Law. Rehberg is grants administrator in the contracts and grants depart-ment at the University of Dayton Research Institute and an adjunct professor in the School of Education and Allied Professions.

Eric Chaffee this past summer spoke on financial regulatory reform at the Club International in Leipzig, Germany; on harmo-nizing and centralizing international securities law at the Annual International Conference on Law in Athens, Greece; and on interna-tional securities regulation at the Annual Meeting of the Law and Society Association in Chicago.

Among Jeannette Cox’s presentations was one on the Americans with Disabilities Act at the Law and Society Annual Meeting. Cox’s recent publications include “Disability Stigma and Intraclass Dis-crimination,” Florida Law Review, and “Crossroads and Signposts: The ADA Amendments Act of 2008,” Indiana Law Journal.

James Durham spoke at “The Multijurisdictional Practice of the Law: How to Protect Yourself,” a program at the National Bar As-sociation’s annual convention in San Diego.

Ken Germain, the Distinguished Professorial Practitioner in the School of Law’s Program in Law and Technology, has joined the

Cincinnati firm Wood, Herron & Evans, LLP.

Thaddeus Hoffmeister presented his article “An Insurrection Act for the 21st Century” at the Association of American Law Schools Annual Conference in New Orleans.

Lisa Kloppenberg co-chaired the American Bar Association’s Deans’ Workshop in Orlando, Fla. She also participated in a statewide discussion, hosted by the Supreme Court of Ohio’s Commission on Professionalism, on how Ohio

law schools can better promote professionalism issues and develop a deeper sense of professional identity in their students.

Denise Platfoot Lacey received the President’s Choice Award from the Ohio Women’s Bar Association in May. In addition, she was sworn in as an executive officer of the Ohio Women’s Bar Associa-tion and as treasurer for the Ohio Women’s Bar Foundation for 2010-11. Lacey also gave two presentations this spring: “Outcome Identification, Formative Assessment and Course Design in Field Placement Clinics” at the 2010 Association of American Law Schools Clinical Legal Education Conference in Baltimore in May; and “Can We Predict and Prevent Professional Misconduct? Lessons from the Dental and Medical Professions” at the 36th American Bar Associa-tion National Conference on Professional Responsibility in Seattle in June.

Monique Lampke presented “Using Experiential Learning Courses to Prepare Students for Lawyering and Life: Identifying, Develop-ing and Assessing Critical Competencies” at the 2010 International Clinical Legal Education Conference at Northumbria University School of Law in Newcastle, England, in July.

Pamela Laufer-Ukeles has accepted an offer from the University of Cincinnati Law Review to publish her article “Reconstructing Fault: The Case for Spousal Torts.”

Vernellia Randall gave the keynote address, “Making the Grade: Achieving Your Personal Best in Law School,” at the Law and Justice Summit at St. Fran-cis University in Joliet, Ill.

Andrea Seielstad presented “Virtual World Engagement: Enhancing Teaching and Learning Conflict Resolution Skills” at the third Interna-tional Conference on Conflict Resolution Education in Cleveland.

Lori Shaw participated on a panel on assessment issues, “Requiring Law Schools to Measure Student Learning: A Forum on ABA Ac-creditation Standards,” at the Association of American Law Schools Annual Conference in New Orleans.

Victoria VanZandt’s article “Creat-ing Assessment Plans for Introduc-tory Legal Research and Writing Courses” was published in the Journal of the Legal Writing Institute. She also presented “Assessment Planning in Legal Research and Writing Courses” at the Legal Writing Institute Bien-nial Conference in Marco Island, Fla.

Julie Zink’s article “Shifting the Burden: Proven Infringement and Damages in Patent Cases Involving

Inconsistent Manufacturing Techniques” was published in the Hastings Science & Technology Law Journal, from Hastings College of Law.

Faculty notes

Brenner

Hoffmeister

Randall

VanZandt


EX

PE

RT

INST

Ru

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ION

Bankruptcy: 10 facts1. You don’t need to be insolvent to file for

bankruptcy relief.

2. Congressional authority to enact a bankruptcy

law is specifically set out in the Constitution.

3. Banks cannot file for bankruptcy relief.

4. insurance companies cannot file for

bankruptcy relief.

5. there is a specific chapter of the Bankruptcy

Code covering family farmers and fishermen.

6. Debts incurred from the operation of an

aircraft while intoxicated cannot be discharged in

bankruptcy.

7. While property acquired by a debtor after

filing for bankruptcy relief generally is not subject

to the bankruptcy, property that a debtor is

entitled to acquire by an inheritance within 180

days after filing for bankruptcy does become part

of the bankruptcy case.

8. spouses may file a joint bankruptcy petition

and must pay only one filing fee, but that option is

not available to two persons who are not married,

even if they own their property jointly and have

joint debts.

9. For the 12 months ending on June 30, 2010,

there were 1,572,597 bankruptcy cases filed in

the United states. this was a 21 percent increase

over the prior year ending on June 30, 2009.

approximately 60,000 of the cases were business

cases.

10. there are approximately 350 bankruptcy

judges in the United states, meaning that there

were 4,500 cases filed per judge in the year ending

June 30, 2010.

—Jeff Morris

Jeff Morris is the Samuel A. McCray Chair in Law at the University of Dayton and has been teaching bankruptcy law since 1981. A founding member of the American Bankruptcy Law Forum, Morris was at the forefront of national expertise in 2005 when the bankruptcy law underwent an overhaul and there was confusion about what several hundred pages of changes portended for the future of bankruptcy filings.

Spelling relief

INSIDER ADvICE

Millions of square feet in D.C.

The recent “Great Recession” proved that the Washington, D.C., market was not as recession-proof as previously thought. Nonetheless, the strong government presence in this region has helped to soften this economic blow and we are gradually seeing our markets make modest gains.

As an in-house lawyer in the real estate industry, I see certain trends — particularly in light of recent economic events:

1. There is reduced demand for outside counsel, given budget constraints. This is leading to greater competition among outside law firms and a

buyer’s market for legal services. Response time is critical, and companies are expecting their outside lawyers to provide stronger customer service.

2. The “lifestyle” benefits of being an in-house lawyer as opposed to outside counsel are still there, but in-house lawyers are expected to do more with

less. Be prepared to wear many hats. I’m a real estate lawyer, but I am involved in a variety of different issues touching other areas of the law on a regular basis. You never know what’s going to come across your desk.

3. In-house lawyers need to develop good business acumen to provide better legal services for their client. Too many in-house lawyers are seen as

obstacles to business goals. If you are the guy down the hall who always says “no” to everything, you will not have the opportunity to provide the input that may be required to ensure your client meets its business objectives and complies with its legal obligations. Also, an in-house legal position can serve as a launching pad to other non-legal positions.

4. Pick a good client. As an in-house lawyer, you are wedded to one client — the company — so make sure it’s financially strong and also a company for

which you will enjoy working.

—Simon Carney ’95

Simon Carney ’95 works as an in-house lawyer with Brookfield Office Properties in Washington, D.C. Brookfield owns and manages about 6.5 million square feet of office space in the Washington, D.C., region.



BuRSTING BuBBLESIn the first part of the century, money was so easy for so many to find. Since 2007, not so much. Richard Apostolik ’77 and Dayton law professors Eric Chaffee and Harry Gerla take a look at the credit crisis, what happened and what’s happening now.

BY THOMAS M. COLuMBuS ILLuSTRATION BY JOSEF GAST

It all seemed so nice. People were buying houses and, as their equity shot up, getting wealthier. Banks were giving out lots of loans and, as people repaid them, making lots of money. Investors were buying all kinds

of stuff like derivatives and raking it in, too. And the people selling were doing quite well on commissions. Everybody was so happy.

Then in 2007, it all fell apart.Happiness, according to the rather glum 18th-century

writer Jonathan Swift, “is the perpetual possession of be-ing well deceived.”

Certainly, in hindsight, the economic euphoria before the credit crisis hit appears to have been delusional.

The past three years have had a surfeit of finger-pointing about whose fault it was as well as ample bicker-ing about solutions — perhaps indicating how much blame there was to go around and confirming that the future is unclear.

While at the University of Dayton last spring for UD’s R.I.S.E. (Redefining Investment Strategy Education) Global Investment Forum, three-time Dayton grad Rich-ard Apostolik described his take on the crisis. To the sub-ject of risk, Apostolik brings a perspective broadened by education and experience. From Dayton, he has, besides his law degree (1977), an MBA (1974) and a bachelor of science in marketing (1972). Early in his career, he gained experience in regulation working for the Securities and Exchange Commission in Chicago. Next, after practicing as a litigator in Chicago, he served as the first in-house counsel at the Chicago Mercantile Exchange. He has also worked for financial institutions such as J.P. Morgan, and Bankers Trust where he developed initiatives to provide credit risk mitigation and management services to finan-cial service companies.

Today, he is immersed in risk management as presi-dent and CEO of the Global Association of Risk Profession-als (GARP).

“I have a combination of a business and a legal back-ground,” he said. “I’m no quant. But you don’t have to be

to manage risk. You need to understand financial instru-ments and the risks they present. Risk management is all about communication. You need to be able to communi-cate in a compelling and nontechnical way with boards and senior management.”

The risk of some investments is not complicated. Fu-tures markets, Apostolik noted, date to the 19th century and are relatively simple. Derivatives, however, are not and don’t date back two decades. “As derivative products became more complex,” he said, “the risks they present-ed, especially as they reflected an increasingly global and volatile marketplace, became more complex and not as easily understood. Eventually it got to the point that even the most sophisticated analysts didn’t fully understand the risks of the products they were promoting. If that was the case, how could you expect the customer to fully understand the risks of the products they were buying?”

On the one hand, risk is essential. “A bank doesn’t make a penny,” he said, “if it doesn’t take a risk; banks are in the business of taking risks.” But on the other hand, someone has to manage that risk.

At the center of what went wrong, what was not un-derstood, is, among other things, securitization. A GARP text, co-written by Apostolik, defines the term: “Secu-ritization is a process where relatively illiquid cash-flow producing assets (e.g. mortgages, credit cards and loans) are pooled into a portfolio, and the purchase of these assets in the portfolio is financed by securities issued to investors, who then share the cash flows generated by the portfolio.”

Once the loans were bundled and the resulting instru-ments financed by investors, they were taken off the books of the banks, whose capital requirements were thus lowered. Investors gained a steady cash flow. Banks now had more money to lend, and no credit risk relating to the bundled loans since they no longer owned them. More borrowers could get more loans. More. More. More. And once-upon-a-time it was the 1980s that were called the decade of greed.

9FALL 2010 DAYTON LAWYER 9FALL 2010 DAYTON LAWYER

Kinds of crisesWhen risk is not managed successfully, crises come in many kinds. Here are some definitions and examples of risk from GaRp’s Foundations of Banking Risk:

Credit “Credit risk is the potential loss a bank would suffer if a bank borrower, also known as the counterparty, fails to meet its obligations — pay interest on the loan and repay the amount borrowed — in accordance with agreed terms.” in 2007 around the world, sub-prime mortgage borrowers could not repay their loans; and banks had incorrectly assessed the likelihood of this happening.

Market “market risk is the risk of losses to the bank arising from movement in market prices as a result of changes in interest rates, foreign exchange rates and equity and commodity prices.”

inteRest Rate“interest rate risk is the potential loss due to movement in interest rates. this risk arises because bank assets

(loans and bonds) usually have a significantly longer maturity than bank liabilities (deposits).” in the 1980s and early 1990s, thousands of american savings and loans failed. many had underwritten long-term mortgages, income from which did not keep pace with increasing interest rates on deposits.

eqUitY“equity risk is the potential risk due to an adverse change in the price of stock.”

Banks can purchase ownership shares in other companies, thus diversifying their assets. those who invested in technology and internet stocks in the late 1990s suffered when the dot-com bubble burst in the early 2000s.

FOReiGn exCHanGe“Foreign exchange risk is the risk that the value of the bank’s assets or liabilities changes due to currency

exchange rate fluctuations.” in 1992, swedish companies finding it hard to get credit obtained foreign currency loans that had interest rates lower than swedish rates. the swedish government, however, unable to maintain the strength of its currency, eventually allowed it to float freely against other currencies. the resulting 10 percent loss in value led to many small and medium-sized companies — particularly those with low foreign sales — to fail.

COmmODitY

“Commodity risk is the potential loss due to an

adverse change in commodity prices.”

in the 1970s, two americans (the Hunt brothers)

acquired about one-third of the world’s silver. in a four

month period, the price almost tripled, the Hunts made

billions. But two months later, when the price collapsed,

they had to sell at a loss.

Operational“Operational risk is the risk resulting from inadequate or failed

internal processes, people and systems, or from external events.”


The frenzy, though, had far more causes than greed. Professor Eric Chaffee — chair of the Project for Law and Business Ethics at UDSL and an expert on the devel-opment of global financial markets and international financial regulation — can tick off many causes for the credit crisis:

n The government offered incentives for loans to be made to people who couldn’t previously afford to own homes.

(Many people believe in the American dream of home ownership strengthening

the fabric of American life. And buyers in this country already had the incentive of a income tax deduction for home mortgage interest.)

n Borrowers took out loans without adequately looking at the difficulty of repaying, and since the banks could easily securitize the loans and sell them, remov-ing them from their books, their incentive to ensure the loans were able to be repaid diminished rapidly.

n Financial institutions made loans to people who could not repay them.

n Lenders in a desire to make loans became reckless, ignoring one of the basic principles of credit risk, “know your cus-tomer.”

(What now seem to be obviously bad loans seemed to make sense at the time to both borrower and lender, perhaps because both were so optimistic, so eager to be happy, they did little to undeceive them-selves about what might happen. As the GARP text notes, banks had traditionally not made loans where the amount of the loan would exceed 80 percent of the value of the collateral. These new borrowers, people trying to build a future of indepen-dence and self-sufficiency, offered what was called sweat equity: With larger-than-traditional loans they could buy materials and with their own efforts make improve-ments to their newly purchased homes, thus increasing the houses’ values as well as lowering the ratio of loan to value. It worked — as long as property values kept increasing. Now, however, one estimate is that one third of home loans exceed the market value of the properties.)

n Regulatory bodies failed to regulate adequately, particularly in the areas of securitization.

(“Business guys are smart,” Apostolik said. “Regulators have difficulty keeping up, and in some cases pay scales don’t al-low regulators to keep or hire experienced people. And regulation is always reactive, not proactive.”)

n Credit rating agencies (such as Stan-dard & Poor’s and Moody’s) did not properly value the new financial instruments.

(Apostolik is among those who have noted that “businesses paid the organiza-tions that gave them ratings, creating an obvious conflict of interest.”)

n The financial institutions that cre-ated these instruments should not them-selves have invested in them. But they did.

And the world, with the Internet and

other technological advances speeding up trading and applying complicated math-ematical models, was maybe just moving too fast.

Or, Chaffee noted, some people (not he) argue that no one is to blame. Who knew when or if the bubble would burst?

But in 2007 it did.

Part of the problem was with the instruments themselves. They were very complicated compilations cut up and sold by the slice — though using the French word for slice, tranche, gave the bond being sold a classy touch. Different slices had different risk ratings; some were rated as relatively low risk investments.

“The people who put them together really didn’t understand them,” Apostolik said.

And apparently neither did the regula-tors. “If you take a can full of trash and slice off the top layer and rate it high,” Apostolik said, “it’s still garbage.”

For a while, however, to many people it looked like anything but garbage. All one needed was a buyer. But then more and more people missed mortgage payments. That drove down the value of the bundled loans. People stopped buying them. Banks, with cash not coming in, stopped lending. Companies used to easily borrowing cash could not find it.

“It was the consequence of a system in which leveraging went crazy. It became a form of gambling,” said Dayton law professor Harry Gerla, an expert on corporations and

securities regulation, who before coming to UD served as an attorney for the U.S. Securi-ties and Exchange Commission Division of Market Regulation.

The bundling and selling of loans by banks created beyond the banks, in Gerla’s words, a “shadow banking system.” He compares it to a person going to a pawn shop and getting a loan, which was then used by the pawn broker as collateral. And it was collateral chopped up into little

apostolik ’72 heads Global associationof Risk professionals

Richard apostolik

said of his

current job as

president and

CeO of the Global

association of Risk

professionals, “i

just fell into it.”

it was a fortuitous

fall, one that apostolik — armed with both

education and experience in both business

and law — was prepared to take advantage

of. among the offerings of GaRp, founded in

1996, is its Financial Risk manager program.

With the implosion of the global economy

in 2007, the importance of managing risk

became highly visible.

Currently 24,000 individuals in 90 countries

hold FRm certification. in addition, GaRp

offers the certification of energy Risk

professional. the FRm and eRm are the only

globally accepted professional designations

for financial risk managers and energy

risk managers. the association provides

education and training for people ranging

from entry-level professionals to boards

of directors.

“We are developing a discipline,” apostolik

said. “Risk management within the

financial services industry used to be part

of something else, for example, the credit

function.

“everything we do is practice-driven. a

person can apply what he learns as soon as

he walks out of the room. We actually are

making a difference.”

Harry Gerla

Eric Chaffee


pieces. In essence, Gerla said, “it was a pyramiding loan system. And people didn’t understand what they were buying or sell-ing.”

Gerla also used the metaphor of a house of cards. “Nobody checked to see if the counter-parties had the equity to back the investment. So, when debtors couldn’t pay, companies like AIG (who had been counter-parties) couldn’t back up the loans. When you find out the collateral on money loaned is worthless, you call in the loan. The cards began to collapse.

“So the government stepped in to prevent the entire financial system from collapsing.”

Chaffee sees in the crisis similarities to the investment markets in 1929.

Whether to call the crisis a depression, he says he doesn’t know. “But all recessions seem to be called the Great Recession,” he said. “So I don’t know if that will stick.”

Terminology aside, he sees a similarity being a fragmented system of regulation. Before the 1929 crash, he said, it was done on a state basis. Legislation in 1933 and 1934 established federal regulation. Today, he said, “there is fragmentation not among states, but among countries and regions. I’d like more coordination. But it’s difficult.”

Some argue, he said, that regulatory competition can be effective. Criminal law, for example, varies from state to state, making each state a laboratory whose results can be compared with those from other states. Chaffee, Gerla and Apostolik all are skeptical of competition being a cure-all to the regulatory quandary. Chaffee pointed to a weakness in the criminal law analogy. “Nobody,” he says, “pushes back on behalf of the criminal. Businesses push back. Companies are looking for the best deal.”

Companies exist to make profits. If reg-ulatory constraints make operating in one country more expensive than in another, a corporation has an incentive to investigate that opportunity. Gerla noted that regula-tory laxity may often be accompanied by circumstances that could be detrimental to a company’s long-term success. But many investors and corporate executives may be tempted to focus less on the long-term health of the company and more on the next quarter’s profits.

Attempting to focus on the long-term health of the overall economy, Congress passed the Dodd–Frank Wall Street Reform and Consumer Protection Act that was

signed into law by President Barack Obama on July 21.

The act “does a lot of good things,” Gerla said.

“On some details,” he said, “I’d give the legislation a ‘B.’” He pointed, for example, to the establishment within the Federal Reserve System of a Consumer Financial Protection Bureau, which will regulate consumer financial products and services to ensure compliance with federal law and to uncover deceptive practices.

On some areas, however, Gerla’s grade is an “F.” For ex-ample, he points out that the bill did noth-ing “with the problem of interlocked firms creating a pyramid of risk.”

Many areas get an incomplete. “What will happen will depend on what comes out of the agencies, on what the Fed does.”

Much of what the law does is to call for studies and to give to agencies the authority to make rules. Until the studies are finished and the rules put in place, not much will happen. “The ratings agencies got off easy,” he said. The bill “just called for a study.”

And, although Dodd-Frank “gives agen-cies some power,” Gerla said, “it’s not clear what power they will have over shadow banking.”

Some, he said, may disagree with him. “It was hard enough to pass Dodd-Frank,” he said. “It scraped through with a lot of compromises.”

According to Chaffee, “the financial reform bill is a good start. It has to be as-sessed, reassessed, tinkered with — like all financial regulation.”

The law does address, Chaffee noted, four of the five areas covered in a Depart-ment of the Treasury white paper titled “Financial Regulatory Reform: A New Foundation – Rebuilding Financial Supervi-sion and Regulation” issued in June 2009. The fifth area: “Raise International Regula-tory Standards and Improve International Cooperation.”

“The basics of risk are the same every-where,” Apostolik said. GARP, the associa-tion he heads, operates internationally. It offers professional certification programs, sometimes in partnership with central banks. One such partnership was with Indonesia, a country that had defaulted three times in 20 years, but through a series of reforms has reached a point where The World Factbook of the CIA can say of its recent economy, “Indonesia outperformed its regional neighbors and joined China and India as the only G20 members posting growth during the crisis.”

“We developed a countrywide risk management program in partnership with the Central Bank of Indonesia to educate bankers. The program consists of five progressively more sophisticated modules which, depending on your role in a bank, the banker was mandated to complete along with passing an assessment examination,” he said. “To date, over 70,000 bankers have gone through the program.”

Some argue, Chaffee noted, that international standards and cooperation can be improved by “fueling convergence.” To some extent, this has happened: “The U.S.,” he said, “had been able to convince others we’ve done it right. And we’ve been generally stable. One could ques-tion — do we need to be more aggressive with international influence? We certainly need to explore how much cooperation and coordination is needed among international markets.”

Given the domestic bickering and blam-ing we’ve had, the international discussion of financial reform promises, if nothing else, to be a fascinating spectator sport. n

international cooperationthe Basel accords are the result of

a collaborative effort by banking

regulators from major developed

countries to create a global regulatory

framework. the second accord (2004)

broadened the risks to be considered

when banks set their minimum capital

requirements; this summer’s accord

increased the amount of those

requirements.

the accords rest on three pillars.

the first sets minimum capital

requirements for market, credit

and operational risks. the second

establishes a supervision process. the

third relates to public disclosure of a

bank’s financial condition.

Different countries

implement the accords in

different ways.


A city with a past plans an Olympics looking to the future.

BY THOMAS M. COLuMBuSPHOTOGRAPHY BY RICHARD BOLL

LONDON TRANSFORMED

Poverty, crime, the stigma of being unwelcome immigrants — all part of everyday existence for the people living in London’s East End for centuries. Being bombed to bits in World War II didn’t help

make the ride through the 20th century much fun either. The docks were there once. They moved.

This August, however, acres of cornflowers, mari-golds, poppies and prairie flowers bloomed on former industrial sites in the area, signs of construction were everywhere and optimism flowed.

Two years before the start of the Games of the XXX Olympiad, it is no longer a question of imagining what the Games will bring. The Games have already changed London beyond recognition.

Regeneration of part of a major city for the world’s largest peacetime event was one of the pledges made by the London 2012 bid committee. Immediately after win-ning the bid in 2005, public funding was put in place to support the creation of a new town on the 700-acre site. The Olympic Delivery Authority was set up with respon-sibility for construction and landscaping. Five years later, the site now boasts three major new stadia nearing completion along with the Athletes Village. The ODA is on schedule to hand things over to the Games organizers early next year.

It will take a lot more work to fully create the Olympic Park. And because only 35 percent of the 2012 Games will take place in the Olympic Park venues, it is only part of the task.

In addition to all the architects, planners, construc-tion workers and gardeners, the successful staging of the Games depends on lawyers — to draw up more than 7,000 contracts for agreements with venues and hotels, commer-cial partners, contractors and suppliers as well as protect

the brand and all its intellectual property interests. Heading that legal team as general counsel of the Lon-

don 2012 Organising Committee of the Olympic Games and Paralympic Games (the world’s first- and second-largest peacetime events) is Terry Miller ’77.

The first Olympic Games of the modern era were held in Athens in 1896. An old stadium provided a venue on land, and the Aegean Sea was good enough for swimming. But it wasn’t long into the 20th century that nations began building facilities to lure the games to their homelands. In 2008 in an article in The New Yorker on the spectacular archi-tecture of the Beijing Olympics, Pulitzer Prize-winning ar-chitecture critic Paul Goldberger traced a history of nations showing off their new sports venues as a source of national pride. The 1992 Barcelona Olympics, however, he wrote, “marked a new approach to Olympic architecture, one that placed as much emphasis on the relation between the city and its facilities as on the sports venues themselves.”

The London Olympics follows that path as it attempts to make what has for centuries been the poor side of town into a vibrant part of the city about which the 18th-cen-tury writer Samuel Johnson said, “It is not in the showy evolutions of buildings, but in the multiplicity of human habitations which are crowded together, that the wonder-ful immensity of London consists.”

And, the “multiplicity of human habitations” of 21st-century London are even ameliorating that “crowded together” feeling. With the creation of hundreds of acres of parkland out of a decrepit industrial area, England will have its largest new urban park in over a century.

“I look out my window each day at the Olympic Park as it progresses,” Miller said, “and compare that with the depressing stretch of abandoned land, which is where we started in 2005.”



One criticism of many Olympics (as well as of soccer’s World Cup, the other gigantic global sporting event) is that they leave behind facilities that are either useless or of a scale too massive for their future uses. London wishes to avoid that problem. “The commit-tee,” Miller said, “does not want to build huge white elephants.”

Besides developing parkland, leisure facili-ties and residential ar-eas, the London Games are building venues de-signed to have life after the Games leave town. The Olympic Stadium will hold 80,000 during the Games but is being built in a way so that sections can be removed to reduce its capacity to

as low as 25,000. The Aquatics Centre will have extensions on either side, providing room for temporary seating for the games, which will be removed afterwards so that the facility can operate at a community lev-el. The Athletes Village is being constructed so that it can be sold after the Games as af-fordable, accessible, sustainable housing.

Nearly two-thirds of the London Games venues are outside of the Olympic Park in a number of private facilities such as ExCel and

Earls Court, in soccer stadiums in London and elsewhere, and in historic venues such as Wimbledon for tennis, Horseguards Parade for beach volleyball and Greenwich Park for equestrian events.

The geographic dispersion of events ne-cessitates cooperation among various public bodies, legal entities and local authorities; this is a large part of the lawyers’ work. The Torch Relay alone, Miller said, “will require cooperation between us and every com-munity through which the torch is borne, including local police forces and others re-sponsible for such things as traffic control, closing the streets and providing parade permits.” The legal team must negotiate key contracts with the government, the City of London, the boroughs in which events will

be held and Transport for London to ensure that athletes, officials and spectators can get to events and enjoy a safe and secure cel-ebration of the Games. Security issues range from crowd control to counterterrorism.

A major part of Miller’s focus is on intel-lectual property. The Olympic symbols such as the five rings as well as the London 2012 emblem and mascots make up, she pointed out, “one of the world’s most powerful brands. The legal team plays a huge role in connection with protection of the relevant intellectual property including the design of the emblem and the names of the mascots — Wenlock and Mandeville.”

(Wenlock derived his name from the town of Much Wenlock in Shropshire; the founder of the modern Olympic movement is said to have received his inspiration from attending the Much Wenlock Games. His fellow mascot’s name comes from Stoke Mandeville in Buckinghamshire; a sport competition there for World War II veterans with spinal injuries grew until it became the Paralympic Games.)

The camaraderie associated with the Games themselves had analogous behavior in the preparation for London 2012 when an entity violated a public relations embargo on details about the mascots. “Threats of lawsuits were deftly avoided,” Miller said, “when one of the legal team, using relation-ships that had been built up over time, placed a calming phone call to lawyers for the offending organization, pointed out that the embargo was being violated and asked their help in getting it removed.”

The offending material was quickly re-moved — an example, Miller noted, of law-yers solving problems before they escalate.

Miller’s work also covers employment, insurance, financing, security and environ-mental issues.

Legal coordination and cooperation extends well beyond the laws of the United Kingdom. European Union law is applicable in a number of contexts, for example to the way in which tickets to the Games will be sold in EU countries. “Swiss law governs the host city contract,” Miller said, “which provides that disputes are settled by referral to arbitration, in most cases the Court of Arbitration for Sport, which is located in Lausanne. We also had some interesting discussions with the Beijing Organising Committee around the arrangements for our two handover ceremonies which took place during the Closing Ceremony of the

terry miller came to London in the

early 1980s with her husband to visit

his relatives. “i remember,” she said,

“staying in a hotel in the city and asking

the concierge whether it was safe

to walk back at night from a nearby

restaurant. He pondered for a moment

and said he would strongly advise using

the crosswalk.”

London is now not so idyllic perhaps.

safety is an issue. the economic

downtown has occasioned grumbling

about government efficiency. “Rubbish

is picked up by our local council only

once every fortnight,” miller said.

“When i arrived in 1988, the post was

delivered twice a day for a quarter of the

current rate, and you could absolutely

count on mail being delivered the next

day within most of the UK.”

But London has its spell. “London

offers,” miller said, “a fantastic mix of

green space, culture and enterprise as

well as a cosmic perspective on world

events.”

15FALL 2010 DAYTON LAWYER 15

Olympic Games and of the Paralympic Games in Beijing. We put in place an agree-ment covering things like the amount of time we were allowed access to the Birds Nest Stadium for rehearsal and about responsibilities under local law for working with children, who were in our handover ceremonies. There are strict child labor laws in the UK which we needed to observe, although nothing similar in China at the time.”

Managing risk is an important part of the preparation for the Games. “The risks associated with the Games are legion,”

Miller said. “The organizing committee is required to obtain insurance covering all conceivable risks.”

Among these is the risk of cancellation. “Only the International Olympic Committee — not the city nor the organizing committee — is entitled to cancel, defer or reschedule the Games,” Miller said. “Reasons would include failure to provide appropriate assur-ances as to safety and security, outbreak of war, flooding, disease, etc.”

Contingency plans are required for all possible scenarios. “If a stadium collapsed,” Miller said, “where would we hold the open-ing ceremony? If wind wasn’t sufficient for sailing on the scheduled days for the sailing competition, how would we reschedule, would we refund tickets? If timing devices broke down, what would we do? You cannot do it with a stopwatch, as they did in the 1908 and 1948 Olympics in London. … I have become very familiar with the terms and conditions of our various insurance poli-cies.”

To cover the myriad of legal matters as-sociated with organizing the Games, Miller has a core team of approximately 25 lawyers. Almost half of these, she said, “are on secondment (temporary assignment) from Freshfields, which as the official provider of legal services to the London 2012 Games allocates legal services to LOCOG in return for its sponsorship rights.”

The relationship with Freshfields is something new for an organizing commit-tee, and Miller is a big fan of this arrange-ment. “Not only am I able to call upon Freshfields for excellent secondees, who have become integral to my in-house team, but they are also there to provide additional firepower where necessary to support a ma-jor contract negotiation or deal with brand infringement matters.”

With a group of Dayton and DePaul law students in Dublin, Ireland, in June, Miller discussed the career path that prepared her for such a variety of work. She worked for the Securities and Exchange Commission in Washington, D.C, for more than six years, then in private practice in the same city with Kirkpatrick & Lockhart. She spent the majority of her career as an in-house lawyer for Goldman Sachs in London and New York.

She pointed out to the future lawyers that government gives lawyers great respon-sibilities at an early level.

But, she said, “as a partner in private practice, you are the business. You develop the revenue sources and targets and are responsible for ensuring the success of the business.” Balanced against that is the pres-sure to generate billable hours.

In 1988, her husband had a great op-portunity in his homeland, England. So, for a while, she represented Kirkpatrick & Lockhart there. At the time, England was undergoing major changes in financial regulation, making her SEC experience valu-able. She was hired at Goldman Sachs in 1989 and remained there for 17 years. When she started, she was the company’s second lawyer in London and third outside of the U.S. When she left in 2006, she was a part-ner and deputy general counsel of Goldman Sachs, overseeing a legal team of 180 people in Europe and Asia as international general counsel.

She told the students she found the life of an in-house counsel enjoyable and rewarding, because of being close to the business, part of the over-

all team with non-lawyers, and having the variety and excitement of dealing daily with a range of issues.

“To function most effectively as an in-house lawyer,” she said, “you need to be perceived as part of the management team, not an obstacle or a proforma check, and must be perceived as the ‘wise counselor’ — going beyond just explaining the letter of the law and instead searching for creative solutions which encompass both legal and business imperatives. Too often, in-house lawyers can be seen as a cost center, and it is important to counter this assumption in order to thrive in the role.”

Miller was appointed general counsel for the London Games in July 2006 and assumed those duties in October 2006. She loves Lon-don, loves law, loves sports — so she loves her job.

And she has a family; her husband and she have two children, now grown. So she also spoke to the law students about balancing career and family. “You can have it all,” she told them, “but not all at the same time.” She worked part time at various stages of her career, particularly when the children were young. Both sides, she said, have to make adjustments.

“You must also,” she told the students, “be open to things which appear without having been planned and be ready to take some risks by accepting jobs which pose new challenges.” The move to London was not something in a mapped-out life but advanced her career in directions that would otherwise never have been possible.

Miller also shared another secret of an extended career: have an interest outside work. Besides her family, a passionate interest

of Miller’s is the Olympic equestrian sport of eventing, which involves the disciplines of dressage, show jumping and cross country.

Dressage requires the horse to be obedi-ent yet powerful in completing a set of movements. Jumping tests precision and control. Cross country calls for bravery over a course of fixed obstacles, such as water, ditches, log piles. Combined, “it measures complete horsemanship,” Miller said.

Also, “unlike some sports,” she said, “if you are doing it correctly there is no pain and suffering in fulfilling your objective to do well. And the partnership with another creature, where you give each other help and encouragement, is fantastic.”

She said she enjoys just being out on the countryside, but “competition and testing myself against a measurable standard really provide the buzz.”

Besides participating in eventing, Miller is an avid sports spectator, enjoying watch-ing virtually all sports (except snooker, she said).

When asked what her favorite soccer team was, Miller (who, of course, no longer calls it soccer but football), replied, “The Arsenal, of course — a legacy of living in Hampstead and having a daughter who is such a fan of Arsenal that she named our female cat Thierry Henry.”

Being an American-born fan of an English team with a French goal-scorer — perhaps such internationalism is also a qualification for planning the Olympics. n


ROUNDTABLEIN MEMORIAMDIANE GENTILE ’86, a founding partner in the Dayton law firm Cooper, Gentile & Washington and an adjunct professor at Dayton Law from 2004 to 2006, died June 12.

LEE HOHL ’84 died May 29, 2010, at the age of 51. Lee practiced law in Kettering, Ohio, for the past 25 years.

ASHLEY RABAA ’04 died April 12, 2010, after a months-long battle with catastrophic antiphospholipid antibody syndrome. Ashley, who was 37, had been working at Lex-isNexis for the past few years. Her brother Shareef Rabaa graduated from Dayton Law in 2003.

LOGAN STARLINE, the husband of Melissa Angst ’09 and the brother of Tyler Starline ’04, died unexpect-edly on Feb. 25, 2010. He was 27. Logan was employed at Rebuilding Together Dayton.

1977RICHARD APOSTOLIK, president and CEO of the Global Association of Risk Professionals, is co-author of a new book, Foundations of Banking Risk: An Overview of Banking, Banking Risks and Risk-Based Banking Regulations.

1978DANIEL BRABENDER was sworn in on Jan. 4 as a judge on the Erie County, Pa., Common Pleas Court. Brabender, who was elected to a 10-year term in November 2009, serves on the Erie County Family Court.

MARK FEuER was elected president of the executive board of the Miami Valley Council of the Boy Scouts of America. He is a partner in Dins-more & Shohl’s Dayton office.

WAYNE M. OZZI was nominated to the New York Court of Claims. He is

currently the principal law clerk to New York Justice Robert J. Gigante, a position he has held since 2000.

1979 THOMAS W. ANDERSON is serv-ing as interim deputy director of institutional advancement at the Cleveland Museum of Art. He is also an attorney at Marts & Lundy and teaches ethics in a doctoral program at Case Western Reserve’s Weatherhead School of Manage-ment.

MICHAEL BIONDOLILLO has been named senior vice president of human resources for Henkel. He now leads the company’s human resources organization, including benefits, compensation, organi-zational development, recruiting, employee relations, learning and development, talent management, and diversity. Michael also is a member of Henkel’s North Ameri-can Executive Council. Previously, Michael was a vice president of hu-man resources at QVC in West Ches-ter, Pa. He has worked in human resources for more than 20 years, including executive-level positions with Wyeth Pharmaceuticals, Penn Mutual Life Insurance Co., Metter Group and the General Electric Co. He’s received numerous honors, including the HR Person of the Year award in 2004 for the Philadelphia/Delaware Valley area. Michael lives in Newton Square, Pa.

MICHAEL HALL will join the Ohio 2nd District Court of Appeals next year after winning the Republican Primary in May. Since no Demo-crats have filed to run for the seat, Michael is running unopposed this November.

LINTON LEWIS JR. retired on July 5, 2009, after more than 27 years on the bench in the County of Com-mon Pleas Courts of Perry County, Ohio. He writes, “My wife and I purchased the Schultz Mansion in Zanesville, Ohio. We’ll live there and continue to run the casual dining and special event business located there. I intend to continue

to serve as an assigned judge with the Supreme Court of Ohio.”

MICHAEL SAGE, a judge on the Butler County, Ohio, Common Pleas Court, has been selected as president of the Ohio Common Pleas Judges Association.

1980 MATTHEW T. FITZSIMMONS, a partner and head of commercial and business litigation at the Cleveland law firm of Nicola, Gud-branson & Cooper, has been elected chairman of the board of trustees of NorthEast Ohio Neighborhood Health Services, Inc. Matt is also an adjunct professor at Cleveland State University College of Law, where he co-teaches mediation with U.S. District Court Judge Dan Polster of the Northern District of Ohio.

JEFF IRELAND was awarded the University of Dayton School of Law Alumni Association’s Distin-guished Alumni Award on May 14. The award is given to one outstand-ing UD School of Law graduate who reflects its values of profes-sional integrity and community service through achievements of exceptional merit, honor and influ-ence. A founding partner of Faruki Ireland & Cox, Jeff has been trying business cases for nearly 30 years, and he’s represented clients in federal and state courts throughout the United States. Jeff has been recognized by Ohio Super Lawyer each year since its inception, has been recognized annually as one of the Best of the Bar based on a survey conducted by the Dayton Business Journal and is listed in Chambers USA: America’s Leading Lawyers for Business. In addition, Jeff is an officer of the Dayton Bar Association and a mem-ber of the Board of Governors of the Antitrust Section of the Ohio State Bar Association. He was selected as a fellow of the International Society of Barristers, an organization of trial attorneys. Jeff and his wife, Ellen, live in Dayton.

MICHAEL KIRKMAN, executive director of Ohio Legal Rights

Services, has been reappointed the chair of the Ohio State Bar Associa-tion’s Disability Law Committee for 2009-10. Michael, co-author of Ohio Mental Health Law, is a charter member of the Bar Association’s Disability Law Committee. He is also a fellow of the Ohio State Bar Foundation, has worked on the Legal Committee of the National Disability Rights Network and participated in the Governor’s Task Force on MR/DD Victims of Crime Advisory Committee. He lives with his wife, Dr. Jean Atwood, in Bex-ley, Ohio.

1981DIANE KAPPELER DEPASCALE is an OSBA board certified specialist in family relations law and has offices in Dayton and Columbus. She is also chairman of the Family Law Committee for the Columbus Bar Association.

J. MICHAEL LOOMIS, an attorney in Fort Wayne, Ind., is leading a group trying to assume control of that city’s Continental Indoor Football League franchise, which plans to change its name to the Firehawks.

MARK STANLEY was named manag-ing partner of Hartman Underhill & Brubaker LLP of Lancaster, Pa., effective Jan. 1, 2010. Mark, who specializes in zoning and land use law, joined the 24-attorney firm in 1981, became partner in 1989 and was named to its management committee in 2003.

1982CAROL HOLM was honored by the Democratic Party for her “outstand-ing and tireless service” in organiz-ing and coordinating Protect the Vote in southern Ohio in 2008.

1983CHuCK BALDWIN has been selected by Who’s Who Legal as being among



the world’s leading management labor and employment lawyers. Chuck is managing shareholder of the Indianapolis office of Ogletree, Deakins, Nash, Smoak & Stewart. In his 26 years of experience, Chuck has represented employers in lawsuits and administrative proceedings involving Equal Employment Oppor-tunity claims, Employee Retirement Income Security Act claims, wrong-ful discharge, labor arbitrations, National Labor Relations Board pro-ceedings, wage and hour disputes, union avoidance, employment contracts, non-competition/trade se-cret disputes, commercial disputes, and class-action litigation. As a trial lawyer, Chuck has served as lead counsel in defending employers at trial and on appeal in class actions, multi-plaintiff and individual law-suits. Employers often select Chuck to consult with and train employees on employment practices and poli-cies, union and litigation avoidance, investigation of harassments claims, and protection of trade secrets. Chuck lives in Carmel, Ind.

TOM HuRNEY and JuLIA HuRNEY ’85 are still living in Charleston, W. Va., and Tom remains with Jackson Kelly PLLC, now running its litigation department. Grace is a sophomore at Concord University on the way to law school; Ellie will soon pick a col-lege and UD is in the running; and Jack is running middle school track. Beginning with Charles “Ken” Surber ’78 and Dave Barnette ’79, Jackson Kelly continues to hire University of Dayton School of Law graduates, in-cluding two from the Class of 2009, Ryan Voelker and Roddy Stieger, and Kellie Clark ’10 and Felicia Phipps ’10 this fall.

MICHAEL J. KRAMER, a member of Indiana’s Noble Superior Court, Division 2, is marking his 20th year as a judge. Last year, he became a fellow of and resource judge for the Advanced Science and Technology Adjudication Resource Center. He was named 2010 Advocate of the Year by the Community Anti-Drug Coali-tions of America and the 2009 Indi-ana Recovery Advocate of the Year. Michael and his wife, Barbara, live in Ligonier, Ind. Their son, Michael, Jr., graduated from the University of Chicago. Their daughter Jennifer will graduate from the School of the Art Institute of Chicago, while their daughter Laura is a student at Man-chester College. In addition, Michael completed his first marathon in October.

TERRY A. MORELAND has been promoted to vice president of opera-tions at FS Energy, LLC, the energy management subsidiary of Cooper

Square Realty of New York. He was previously director of operations at the firm.

MAuREEN PERO of Dayton was ap-pointed by Gov. Ted Strickland to the Ohio Third Frontier Commission, which coordinates and administers science and technology programs in Ohio. Pero has served as the vice president of strategic management and legal affairs for CareSource Man-agement Group since 2006.

1984CHRIS ATKINS, a defense attor-ney from Middletown, Ohio, was featured in an article on his chess-playing skills, “‘Chessaholic’ plays 11 at a time,” in the Hamilton, Ohio, Journal-News.

ROBERT BAuMAN in January earned his 500th victory as soccer coach at Jesuit High School in Tampa, Fla. He also practices law at the Morris Law Firm in Tampa.

1985BERNARD COATES was elected last November judge of the Court of Com-mon Pleas of Dauphin County, Pa. He took the bench on Jan. 4, 2010.

1986KATHRYN M. BuONO was selected for inclusion in The Best Lawyers in America 2010 for the practice area of corporate law/leveraged buyouts and private equity law/mergers and acquisitions law. She practices at Quarles & Brady LLP.

MIKE GREENWELL, having won an August primary, is running unop-posed in November for the seat of associate circuit judge in Shelby Co., Mo. A small rural community in northeast Missouri, Shelby County has approximately 6,500 people. Mike went door to door campaigning in the county where he says everyone knows everyone and is a great place to raise a family. He is married and has three children. He fondly recalls he chose UD law because Fred Davis, the dean at the time, had taught torts at the University of Missouri, and was highly recommended — in addition to the school being Catho-lic, which his mother thought would be good for his education.

TED GuDORF recently became the first lawyer in Ohio to receive a master of laws degree in estate plan-ning and elder law, which he received

from Western New England College School of Law. Ted is the owner of Gu-dorf Law Group in Dayton. The firm’s practice handles estate planning, elder law and estate administration. Ted writes, “Our law firm’s revenue has grown 30 percent per year for each of the past five years. Our grow-ing team presently consists of three attorneys and three paralegals. We

expect to continue our rapid growth for many years to come. Our success stems from our unique focus and our commitment to work hard and to de-sign and build estate plans that work for clients.” Ted lives in Dayton.

DAvID WHITE is an attorney with the U.S. Army’s communication and electronics command Aberdeen

Buildings up,lights on,snow goneMary Lynn Readey ’87 works in construction, snow removal and just making sure the lights don’t go out. Last fall, she became The Ohio State University’s associate vice president for Facilities Op-erations and Development. She helps to oversee a $1 billion medical center expansion, the spreading of salt (more than 1,000 tons last winter) and doing things that people don’t see, like making sure the lighting and heating work. Her division includes planning and project managing, buying power and operating the utility system, ensuring environ-mental safety, and maintaining the facilities and grounds of a 200-building campus. During her first eight years out of law school, however, she had no connection to facilities management; she worked in civil litigation in Dayton. When she moved to Columbus, she was in civil law with the Attorney General’s Office. The path to her present job perhaps started when she added ed-ucation law to her experience, helping represent the state in DeRolph, the complicated school-financing case. And then Ohio established what Readey calls “a wonderful group,” the Ohio School Facilities Commission, which administers the state’s kindergarten through 12th-grade construction program. After serving as the group’s executive director, she moved to Ohio State, becoming deputy general counsel. Of her current job, she says, “I like the directness of this work. People make a decision and you see something — a building going up or a ruptured gas pipe being fixed.” She also enjoys the large amount of interaction she has — with people across campus whose needs her division must anticipate and with the 800 people in her own unit. That group, she says, “is very diverse, in every way you can think of diversity.” The job, she says, does have a downside — “being re-moved from the profession a bit. I think of myself as a lawyer. I’ve always loved being a lawyer.” The problem-solving nature of being a lawyer prepared her well for facilities work. “In facilities there are a lot of problems to solve,” she said. “As a lawyer, you bring analyti-cal talent. As a lawyer, you appreciate that everything has two sides; so you look at the problem from different angles.”

—Thomas M. Columbus


18 DAYTON LAWYER FALL 201018 DAYTON LAWYER FALL 2010

Proving Ground legal office. He writes, “I published an article in the American Bar Association Public Contract Section’s summer 2009 Pub-lic Contract Law Journal on small busi-ness innovative research contracts titled ‘Somewhat Different, Yet Sur-prisingly Familiar: Small Business Innovative Research Program and Small Business Technology Transfer Program Contract Award Protests.’” David lives in Cochranville, Pa.

1988JAMES CASEY, director of contracts and industrial agreements at the University of Texas at San Antonio, is the recipient of the Distinguished Service Award from the National Council of University Research Administrators. A worldwide organization with 7,000 members, NCURA may award up to five such awards in a given year to members who make sustained and distinctive contributions to the organization and profession.

1990CARRIE E. COPE has merged her regulatory and compliance and specialty lines claims practices with Schuyler, Roche & Crisham, PC in Chicago. Carrie’s regulatory practice includes advising clients on regula-tory and compliance issues in the United States and foreign jurisdic-tions, while her specialty lines claims practice includes providing consulting services to the insurance industry.

1992vALORIA HOOvER, a partner at Kohrman Jackson & Krantz PLL, is president of the Ohio Women’s Bar Association.

1993DOuGLAS OTTINGER was elected general district court judge in January 2010 by the Virginia General Assembly for a term of six years for the third judicial district. He lives in Portsmouth, Va.

1994ARMY RESERvE MAJ. ALBERT F. YON-KOvITZ JR. returned home after being deployed at a forward operating base overseas in support of Operation Iraqi Freedom. He has served in the military for 15 years and is a military police officer, normally assigned to

the 11th Military Police Brigade in Ashley, Pa.

1995CHRISTINE ENGILES MuMMA and her husband, Neil, announce the birth of Corinne Emily (9-1-09), who joins sister Madeline at home in Bethlehem, Pa.

KELLY C. WOLFORD has been nominated to serve as an interim judge of the Monroe County, N.Y., Court. If the Senate confirms her nomination, she will serve until Dec. 31, 2010. Kelly is the chief of the Appeals Bureau at the Monroe County District Attorney’s Office, a position she assumed in January 2009. Previously, she served in vari-ous capacities at the Monroe County District Attorney’s Office and as an assistant prosecutor in the Civil and Appeals Bureaus of the Stark County, Ohio, Prosecutor’s Office.

1996STEPHANIE COOK was appointed chief prosecutor in the City of Dayton Law Department Criminal Division. She has been in the law department for 13 years and has been acting chief prosecutor since February of 2009.

DREW WARD and his wife, Jenn, an-nounce the birth of Annie Maya (1-8-09), who joins brothers Sam and Eli at home in New Hartford, N.Y. Drew writes, “At my practice, the Ward Law Firm, we recently added an as-sociate attorney and a new assistant. As the office is only four blocks from home, I get to have a lot of lunches with my little girl.”

1997MARIA BALDINI-POTERMIN was awarded the Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law by the American Immigration Lawyers Association on July 3. She practices in Chicago.

CINAMON S. HOuSTON of the Hous-ton Law Office in Beavercreek, Ohio, and vASEEM S. HADI ’02 cowrote Anderson’s Ohio Personal Injury Litigation Manual, which was published in November 2009.

LEE SPANGLER was promoted to vice president of medical economics at the Texas Medical Association. Spangler previously worked in the association’s Office of the General Counsel and as a staff attorney with the Texas Department of Insurance and the Texas State Board of Medical Examiners.

1998JASON S. MILLER joined Lowndes, Drosdick, Doster, Kantor & Reed in Orlando, Fla. A registered patent at-torney, Jason will work in the firm’s Intellectual Property Business Group.

MICHAEL NAvARRE was elected special counsel at Steptoe & Johnson LLP. Michael is a member of the litigation department in Steptoe’s Washington, D.C., office, where he focuses on government contracts and criminal defense matters. He also was appointed to the board of advis-ers of the National Institute of Mili-tary Justice. The nonprofit National Institute of Military Justice seeks to encourage the fair administration of justice within the military justice system, as well as public under-standing of the system. Michael, a former lieutenant in the U.S. Navy Judge Advocate General’s Corp, also maintains a well-regarded military justice blog, www.caaflog.com.

1999CHRISTOPHER EPLEY was recog-nized for his service and contribu-tion to the Montgomery County, Ohio, Common Pleas Court Juvenile Division on Law Day, May 1, 2009. He is a partner at Tolliver & Epley, a general practice law firm in Dayton, where he lives.

MATTHEW P. HARPER has joined Thompson & Knight’s Intellectual Property Practice Group in the firm’s Dallas office. He previously served as senior IPR litigation counsel and IPR legal counsel at Nokia Inc.

2000PETER A. DRAuGELIS, a member of Dinsmore & Shohl’s Cincinnati office, has been elected to serve as president of the Oakley, Ohio, Community Council. He will serve a one-year term.

CHRISTIAN vALENTINO, an attorney with Woods Oviatt Gilman, was named a “2009 Up & Coming At-torney” by the Daily Record Newspaper in Rochester, N.Y. Recipients of the award have been practicing law for less than 10 years and show excep-tional success in their legal practice and outstanding dedication to com-munity service.

RYAN O. WHITE was named partner at Taft Stettinius & Hollister. A regis-tered patent attorney, he is located in Taft’s Indianapolis office.

2001JANDÁ M. CARTER has been promoted to corporate counsel at Caterpillar Inc., in Peoria, Ill., in the intellectual property department of the legal services division. This is Jandá’s second promotion in three years with the corporation. She pre-viously worked at Frost Brown Todd in Cincinnati.

DAvID DORTON was named a partner at Wood, Herron & Evans, which has offices in Cincinnati and Louisville, Ky. David, who joined the firm in 2000, is involved in all phases of the firm’s IP practice, with a concentra-tion in mechanical technologies.

JOSHuA M. MuENNICH was pro-moted to the supervising attorney of the Fraud and Economic Crimes Unit of the Montgomery County, Ohio, Prosecutor’s Office. Joshua, who has served in the prosecutor’s office since 2002, has worked in sup-port enforcement, child protection, juvenile, grand jury and criminal docket sections.

MATTHEW L. SCHRADER was elected partner at Reminger Co. LPA. Mat-thew practices in the firm’s Colum-bus, Ohio, office. In addition to his practice, Matthew serves as coach and adviser to Capital University School of Law’s mock trial team.

BRIAN C. THOMAS was named a partner at Graydon Head & Ritchey of Cincinnati. Brian is also the presi-dent of the Black Lawyers Associa-tion of Cincinnati, a member of the board of trustees for the Cincinnati Bar Association and a member of the board of trustees for People Working Cooperatively.

GEORGE W. TOLLIvER II was hired as general counsel of Sojourners Title Agency LLC of Cincinnati. George also teaches real estate law as an adjunct instructor at Sinclair Com-munity College in Dayton.

2002MATTHEW D. AuSTIN has joined Barnes & Thornburg LLP in its Columbus, Ohio, office, where he serves as an of counsel member of the firm’s labor and employment law department. Matthew was selected as an “Ohio Rising Star” in the 2010 edition of Ohio Super Lawyers.

vASEEM S. HADI and CINAMON S. HOuSTON ’97 cowrote Anderson’s Ohio Personal Injury Litigation Manual, which was published in November 2009.

SHANDA L. SPuRLOCK has been appointed to the Ohio Supreme Court’s Commission on Professional-ism for a three-year term. Shanda is an associate in Greenebaum Doll &


McDonald’s Cincinnati office, where she works in the firm’s litigation and dispute resolution practice group. She was also selected for inclusion in the 2010 Ohio Super Lawyers Rising Stars list in the field of business litigation.

2003STACY CHuBAK HINNERS joined Thorman & Hardin-Levine as an associate attorney. Stacy, who has spent her career representing individuals in labor, employment and civil rights litigation, resides in Huron, Ohio, with her family.

STEPHANIE KIMBRO received the American Bar Association’s James Keane Memorial Award for Excel-lence in e-Lawyering at the 2009 ABA Techshow in Chicago. She writes, “My web-based virtual law practice has also been featured this year in the ABA Journal, Law Practice Magazine and GP/Solo Magazine. The company I co-founded, Virtual Law Office Technology (VLOTech), won a 2009 Coastal Entrepreneurs Award and has been featured in multiple publications for the legal profession. In addition to operating my virtual law practice, I am on faculty at Solo Practice University teaching a course on virtual law practice.” Stephanie lives in Wilmington, N.C.

2004BRANDON E. BOWLIN was named a Wisconsin Rising Star, the “Bank-ruptcy & Creditor/Debtor Rights” category, by Super Lawyers magazine. Brandon is an associate attorney with the collection law firm Rausch, Sturm, Israel, Enerson & Hornik.

AARON FREEMAN was appointed to the Indianapolis-Marion County, Ind., city council. President of Franklin Township GOP Club, Aaron spent five years as a Marion County deputy prosecutor before joining the Indianapolis firm of Ladd, Thomas, Sallee, Adams and Freeman.

CHALEY PEELLE GRIFFITH is co-chairing the annual Heroes of the American Red Cross fundraising campaign in Clinton County and Highland County, Ohio. Chaley is an attorney with Peelle Law Offices LPA, which has offices in Wilmington and Hillsboro, Ohio.

ANGELA HuGHES is corporate coun-sel for Franklin Electric. She just fin-ished her MBA at Indiana University and lives in Fort Wayne, Ind.

CHERYL LYNN KEGGAN recently changed positions in the Air Force Security Assistance Center at Wright-Patterson Air Force Base in Dayton. After serving for almost two years

as a case manager dealing with developing system sales and missile sales case documents for multiple countries, Cheryl has been selected as a program support manager for Greece.

TAMI KIRBY was promoted to senior associate at Porter Wright Morris & Arthur. Practicing in Porter Wright’s Dayton office, Tami specializes in creditor’s rights, real estate and commercial and business transac-tions. She has been named one of Ohio’s “Rising Stars” by the publish-ers of Law & Politics and Super Lawyers.

JESSE R. LIPCIuS joined Ulmer & Berne. A former attorney with Cors & Bassett, Jesse is well-versed in complex business and construction litigation matters.

TYLER STARLINE was appointed to fill a vacancy on the Huber Heights, Ohio, city council. Tyler is an attor-ney with Finlay, Johnson & Beard of Xenia, Ohio.

2005HANNAH AREL married ROB BARN-HORN April 25, 2009, at Our Lady of the Immaculate Conception in Day-ton. Alumni attending included Anu Sharma, Barbara Garrison Doseck, Jeffery Nodzack, Eric Norby, Dave Ko-hut, Chad Kahene, Chris Owens and Shaun Roberts. They write, “Accord-ing to Rob, we met on the first day of class in August 2002. Hannah asserts we didn’t meet until we both decided to attend the England study abroad trip with professor Allen Sultan. Regardless of who is correct (Hannah is), we honeymooned in Costa Rica and now reside in Kettering, Ohio.”

2006JOHN K. CHRISTIE has joined the law firm of Christie, Christie and Wells in McConnelsville, Ohio.

MARK HILLIARD joined Hawkins, Parnell & Thackston’s toxic tort & environmental litigation group in Los Angeles.

SEAN M. YOuNG recently joined the law firm Bellock & Coogan in Oak Brook, Ill., as an associate attorney. He specializes in federal and state taxation, estate planning, estate administration and real estate law.

2008MICHAEL ESHLEMAN, an associate at the Angstman Law Office, has been appointed to the standby draft board for Warren and Clinton coun-ties by Ohio Gov. Ted Strickland. He lives in Turtlecreek Township, Ohio.

KATE HuDSON was elected president of the Georgia Association of Women Lawyers Augusta Chapter and was selected to the Georgia Bar Asso-ciation’s 2010 Leadership Academy. Kate works for the Augusta Regional Office of the Georgia Legal Services Program.

2009SCOTT GANOW has joined the UD Research Institute’s contracts and grants office as the senior contracts and grants administrator. Scott will manage proposal development and contract administration activities and serve as the lead contract nego-tiator for UDRI.

ANGELA CECCARELLI joined Thompson Hine in its Dayton office, working in the firm’s real estate practice group.

JuLIE REITER PELLERITE joined the Chicago firm Maria Baldini-Potermin & Associates PC, where she focuses on family-based immigra-tion law and removal defense.

NATHAN MICHAEL LITTLE joined the Middletown, Ohio, firm Combs, Schaefer & Atkins, where he focuses primarily in juvenile law, bankrupt-cy and real estate.

2010MARK D. THOMPSON has joined the Cleveland firm Gallagher Sharp, working in the professional liability, transportation and general litiga-tion practice groups. He served as the comment editor on the Dayton Law Review and received the Dean Frederick Davis Award for Excellence and the Gerald and Kathleen Green Scholarship.

Spirit, souls, service –alumni awards

At the 2010 Alumni Weekend, alumni socialized with each other, learned from presentations such as “Lawyers as Ethi-cists” by Father Phillip Eichner, S.M., and served the homeless at local shelters.

At the May weekend, the Dayton Law Alumni Association honored five individuals.

• D. Jeffrey Ireland ’80, a founding partner at Faruki Ire-land & Cox of Dayton, received the Distinguished Alumni Award for his contributions to his community, including serving as mayor of Oakwood, Ohio, for 10 years.

• Steven Yuhas ’85, who served as the association’s presi-dent for eight years, received the newly created Steven E. Yuhas Alumni Special Service Award. “Most people that I speak to … knew the first time they stepped on campus that there’s a different spirit at the University of Dayton,” said Yuhas, attorney for Flanagan, Lieberman, Hoffman, & Swaim in Dayton. “And that is part of what brought so many of them here and keeps them coming back to give their time and their treasure.”

• Sister Mary Louise Foley, F.M.I., campus minister, received the Walter H. Rice Honorary Alumni Award. Judge Rice called her the “heart and soul of our law school community.”

• Ria Farrell Schalnat ’99, an attorney at Frost Brown Todd LLC and adjunct professor, teaching the patent litigation capstone, received the Francis J. Conte Special Service Award.

• Adam Armstrong ’05, an attorney at Dayton’s Freund, Freeze & Arnold who serves on the alumni association board and as an adjunct professor, received the Presi-dent’s Award for support of the School.


GO

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Bringing law to the playground


Here’s something you may not remember from eighth grade: alternative dispute resolution.

In schools it’s called peer mediation. It hasn’t been on the playground as long as hair-pulling or

name-calling — behaviors that aren’t going away anytime soon — but its use is growing more widespread. University of Dayton’s law school students have been working in an advisory capacity with Dayton Public Schools on peer mediation for three years.

“Statistically kids have been getting into fights way more often and at a younger age,” observed Jyllian Guer-riero, a second-year law student. “The overarch-ing goal of mediation is just to teach them how to talk through conflict, as opposed to resorting to blows.”

This past summer Guerriero stepped up the law school’s involvement in peer mediation by putting together a cur-riculum for three Dayton Catholic middle schools — Mary Queen of Peace, Immaculate Conception and St. Anthony — for the training of seventh- and eighth-grade mediators, who in the program are called “peacemakers.”

In the grown-up world, the mediation process is em-ployed in civil suits — contract disputes, medical malprac-tice or personal injury cases and the like. It takes place outside the judicial process and is extremely common, and becoming more so. Today, every court in Ohio has manda-tory mediation for civil cases, according to Lori Shaw, dean of students.

The reasoning behind mediation is that aggrieved parties will be more likely to deal favorably with a neutral party, the mediator, who is objective and represents neither side of the dispute. The mediator is just there to direct the conversation in a highly structured process.

In this case, the neutral party is a 12- or 13-year-old, for whom — one suspects — engaging in deliberative and structured interpersonal interaction is probably not the most natural impulse.That’s why Guerriero, who was a high school teacher

before she was a law student, has designed for the schools some 150 pages of lessons, including a script for the me-diators to follow, activities and writing assignments, all tailored to the schools’ Catholic backgrounds.

Therapists with the Urban Child Development Resource Center at the UD School of Education and Allied Profes-sions, which has been doing mediation in these schools for

the last nine years, are currently using the curriculum to train the students.

“This is a new wrinkle,” said UCDRC director Linda Rus-sell. “This time the peacemakers are going to be doing the mediation, not the adults. There’s some research that says it should be more effective. We’ll see.”

Guerriero’s work was funded in part through a Dayton Law Public Interest Award, which provides a stipend for the living expenses for students serving public interest law internships. The Alumni Weekend Auc-tion underwrites the award. Another auc-tion is set to be held online in December.

“I took all sorts of legal theory and tied it in with morality and belief,” Guerriero explained. “Not only

are the children taught how to talk to each other, they’re taught the reasons why we don’t beat each other up.”

Her hope is that participating students will be able to mediate after the first lesson, but also, as the school year progresses, learn more and more about mediation and effective communication, all the while serving as peace-makers, mediating disputes between sixth-, seventh- and eighth-graders.

Although not all will grow up to be lawyers, Guerriero said, “I hope some do.”

—Emanuel Cavallaro

Larry Burg

ess

em

anuel Cavallaro


SEEING THE BIG PICTUREMark Chilson ’81 looks at health care from a comprehensive viewpoint. “We need to get people into better and more efficient health care delivery systems,” he says.

“We need to get them regularly seeing good family care physicians, so they can avoid costly emergency room visits. We need to help them manage their medications. We need to help them with the hurdles of their living conditions.”

Chilson helps address those needs through his work as executive vice president and general counsel for Care-source, one of the largest and fastest-growing medicaid managed care plans in the nation. Caresource for many years relied on Chilson’s legal advice when he worked for private firms; in april he became Caresource’s first-ever general counsel.

Caresource, headquartered in downtown Dayton, serves more than 843,000 medicaid and medicare advantage con-sumers in Ohio and michigan. and that number will grow as reform makes more people eligible for health care.

the company’s mission is simple: “making a difference in the lives of underserved people by improving their health care.” its task is varied — ranging from implementing a model to help reduce health care costs (with initiatives in areas such as pharmacy benefit management and improved coordination of benefits) to simply arranging transportation for an individual to get to a doctor’s appointment.

For the mission to succeed, the viewpoint must be comprehensive.

ExcellenceDean’s Fund

for

The University of Dayton School of Law is dedicated to preparing lawyers who will be able to see the big picture, who will be perceptive and caring, thoughtful and skilled. A gift to the Dean’s Fund for Excellence supports the success of that dedication.

Call 888-253-2383 or log on to http://supportud.udayton.edu.

Or send a check to: Dean’s Fund for excellenceUniversity of Dayton school of Law300 College parkDayton, OH 45469-2961

University of Dayton300 College ParkDayton, OH 45469-2961

nOn-pROFitORGaniZatiOn

U.s. pOstaGe paiDDaYtOn, OH

peRmit nO. 71

CHILD ADvOCACY Among the speakers will be Judge Glenda Hatchett, host of a nationally syndicated show, the first African-American chief presiding judge of Atlanta’s Fulton County Juvenile Court, recognized as Outstanding Jurist of the Year by the National Bar Association after only her first year on the bench, national spokesperson Court Appointed Special Advocates (CASA), recipient of the NAACP Thurgood Marshall Award and founder of the Truancy Intervention Project.

‘God, please give me the strengthto move my energy from grievingfor the children you put before meto helping them.’ — Judge Glenda Hatchett

Jan. 20-21, 2011

dayton lawyer - fall 2010

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