Montgomery Bar Association I Montgomery County PA

MAGAZINE

OF THE PEOPLE,BY THE PEOPLE,FOR THE PEOPLE:

OF THE PEOPLE,BY THE PEOPLE,FOR THE PEOPLE:

Attorney General

Joins our bar!KATHLEEN KANE

MBAs new disputeresolution centerlaunches to ravereviews

THE CENTERFOR MEDIATION& ARBITRATION

A Unique Countywide ArtsInitiative & CourthouseImprovement Project

HoffmannPublishing.comMBA@hoffmannpublishing.com 610.685.0914 x1

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Montgomery Bar As

sociation I Montgom

ery County PA

MAGAZINE

OF THE PEOPLE,

BY THE PEOPLE,

FOR THE PEOPLE:

OF THE PEOPLE,

BY THE PEOPLE,

FOR THE PEOPLE:

Attorney General

Joins our bar!

KATHLEEN KANE

THE CENTERFOR MEDIATIO

N

& ARBITRATION

A Unique Countywide

Arts

Initiative & Courthouse

Improvement Project

spring 2013contents

IN EVERY ISSUE... FEATURES

SIDEBAR COMMITTEE MEMBERS

Co-ChairsRobert R. Watson, Jr., Esq.

Gary J. Friedlander, Esq.

Regular columnists:Joel B. Bernbaum, Esq.Richard E. Cohen, Esq.Lindsay Hanifan, Esq.

David R. Jacquette, Esq.Dennis R. Meakim, Esq.

Elaine Moyer, Esq.William J. Newman, Esq.

Douglas I. Zeiders, Esq.

MBA StaffGeorge Cardenas

IT Manager

Jack Costello

Marketing Manager

Jim Mathias

Director of Marketing,

Communications and Public Affairs

Nancy R. Paul

Executive Director

The Sidebar Committee invites articles and news information of interest to the membership to be sent to: MBA, c/o Sidebar Committee, P.O. Box 268, Norristown, PA 19404-0268 or email:

sidebar@montgomerybar.org

The Sidebar Committee reserves the right to edit any material submitted and/or to omit

the same from publication. Most articles are written by members for members.

Montgomery Bar Association2013 Officers

Serving the Profession and the Community since 1885

Paul C. Troy, Esq., President

Michael F. Rogers, Esq., President-Elect

Bruce Pancio, Esq., Vice President

Carol R. Mirabile, Esq., Treasurer

Eric B. Smith, Esq., Secretary

Commissioner Bruce L. Castor, Jr. Welcomed .........................................14Alternatives to Incarceration ...........15American Taxpayer Relief Act .........16Kathleen Kane Joins our Bar ............17Welcome New Board Members .......18Real Estate Committee Task Force ...26MBA Ski Trip .....................................27Annual Business Luncheon ..............28Class Action Cy Pres .........................29Current Financial Observations ........30Helping Our Bar Foundation ............32

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20

Presidents Message ...........................4Bits & Bytes .........................................5Lawyers Lending a Hand ....................6Young Lawyers ....................................8Wiretaps ............................................23Bar Foundation ..................................24Movie Review ...................................25Upcoming Events...............................31Restaurant Review ............................35

24

MAGAZINE

Center for Mediation Arbitration

10

BYOD Scary Liability for Employers

Of the People, by the People, for the People

Recovering Unemployment Compensation Benefits .....................33

New Lawyers Professional Liability Program ...............................................9

Montgomery Bar Association / Montgomery County PA

S I D E B A R 4 S P R I N G 2 0 1 3

I know a lot of lawyers. The majority of my practice is defend- ing lawyers in professional liability suits. I also have met thousands of lawyers through local and State Bar

activities. I have met lawyers who love their jobs. I have met lawyers who really dont like theirjobs. Lawyers have asked me for years why I devote time and effort to Bar Associa-tion activities. I always tell them that I do so because

it makes it more fun to practice law. I often get a quizzical look as if fun and the practice of law should never be used in the same sentence. I am writing to suggest to those who feel this way that they might need to consider a different approach. Take litigation for an example. Litigation is necessarily competition. In competition, opponents can sometimes treat each other poorly. We have all dealt with angry, miserable lawyers who needlessly spend their clients money sending letters and emails accusing the recipient of various crimes against humanity. These letters usually threaten some sort of draconian punishment that was thought to have been banned

in the Middle Ages. The recipient can always be sure of one thing. He or she is not the only one receiving those letters. Those letters are the modus operandi of the author. He or she sends them daily to all of their opponents. Common phrases in such letters include I am writing to confirm our conversation... and in all my years of practicing law... The verb shocked appears at least once in each of these letters. Sometimes the author takes the extra step of copying the Judge on theletter. There may be no hope for the authors of such letters. There is hope for the recipients. Get involved in the Montgomery Bar Association. We have 2,100 members. Every one of them will treat you a lot better than the authors of those letters. Some of my best friends in the practice of law are attorneys who have been my oppo-nents. I also know them through Bar Association activities. It is a joy to have cases against them. Extensions of time are given routinely. Courtesies are ex-changed regularly. There is no need to write a letter to confirm a conversation. There is absolutely zealous advocacy, and both sides do the best for the clients, but there is also a good quality of life for the lawyers. There is also less money spent by the clients who arent having their resources wasted on needless bickering by the attorneys, and unnecessary court arguments. Lawyers who see each other at Bar Association activities or elsewhere outside of the courtroom simply dont engage in poor behavior with each oth-er. Spending your career tied to your desk is no way to have fun practicing law. Get out to a few of the great events we have this year. While there are many worthwhile events happening at the Bar Association each month, here are some of my favorites that I hope you can attend: On Friday, April 19th, we will be having our annual dinner dance at the Green Valley Country Club in Lafay-ette Hill, PA. You have already received

an invitation. If you lost the invitation in the stack of angry letters from the lawyer I mentioned earlier, please just contact Nancy Hagner at the MBA (Nancyhagner@montomerybar.org). There are discounted prices for young lawyers and government lawyers. And you dont even have todance. On June 7th, we will hold the Legal Aid Golf Classic at Bellewood Country Club. You dont need to be a good golfer...I shoot about 120, and am almost certain it is due to faulty equipment. On the afternoon and evening of July 18th, we have a Clam Bake at Mermaid Lake in Blue Bell. There will be golf, bocce, softball, tennis, and of course terrific food. Please join us from September 20th to 22nd for our Annual Bench Bar Conference at the refurbished Lowes Hotel in Annapolis, Maryland. While we have several events planned for the weekend that you will hear about in the future, the best part of Annapolis is just walking around town with your friends. Have no fear. The author of that angry letter wont be there. We have a zero tolerance policy for people like that at theseevents. Finally, mark your calendar for the Annual Membership Dinner on November 1st. That is our other black tie optional event, and is only for MBA Members. This is always a night of laughter and entertaining stories. Some of the stories are even true. I want every lawyer to have the chance to experience all the wonderful little things we have in the MBA. Over the years at our Association I have ap-preciated all the conversations at these events when an older lawyer has given me valuable advice about the practice of law, or life, or both. Rarely will you have those conversations sitting at your desk answering interrogatories, or writing abrief. Retiring athletes say what they will miss most is the comradery. That is what retiring lawyers say they miss most also. Dont miss out on it now.

presidents Message

its tiMe to start enjoying the practice of LawBy PAUL C. TROY, ESQ.

S I D E B A R 5 S P R I N G 2 0 1 3

F irst, review the contacts contained in your digital address book. This could be your Out- look contacts folder, email folder or your business (Exchange server) address book on your work computer. Hopefully, they are synched and you dont have to review multiple databas-es. Delete those contacts that are no longer necessary, relevant or useful. You probably will be able to prune 20% of the contacts. Next, attack youremail. Most of us are so afraid of deleting potentially important email that we are retaining enough data to paper the Empire State Building. Seriously, if you have more than 10 emails in your inbox, you are doing something wrong. Organize your mail program with folders and subfold-ers. For example, I have a Bar Asso-ciation folder in my mail program. My subfolders are MBA, PBA, PBI, and AAML. I act on a received email when received and if I need or want to retain the original email, I move it the appropriate folder or subfolder and out of my inbox. I have a work folder (with subfolders), personal folder, etc. The important thing to remember is to act on email within one day and either delete it or move it to an appropriate folder for reference. However, this is not forever. Spring cleaning means you go through your retained emails and delete, delete, delete. If you absolutely need to retain the message, move it to a folder marked archive or closed but you still should review them annually. If you are at work, you need to have client related emails saved to your

firms server, by client. For example, a message from Mr. Smith should be saved to a Smith folder on your firms computer rather than your individual computers hard drive (unless your firm is not networked). The ability to access your email from your desktop greatly enhances your productivity. You can respond, set a reminder or forward the email as needed without further dicta-tion or having to go and retrieve your file, find the message and then take an appropriate form of action (much more wasted time). Move on to your voicemail and prune away, delete those old-out-of-date messages. I cant tell you how many problems can occur when you leave messages in your voicemail and the caller gets a mailbox full message. Clean up your internet browser

bookmarks. A lot of them probably dont work anymore because the website doesnt exist or has changed its settings. Pruneaway! The same principals apply to your tablets and smart phones. Delete voice mails, emails and most importantly apps. They take up valuable space and can slow down or cause your device to crash. I dont know of a contest that

awards prizes for who has the most apps, although many people brag about the 100 or so that theyre keeping on their phone. You dont really use more than 20 on a regular basis. They take up space and memory on your digital device. My tip of the month is to consider banning clients from texting you as a means of commu-nication. I allow and encourage email and cell phone communication with my clients. A Family Law practice lends itself to these types of com-munication and I can

control and protect confidentiality as well as any intrusion on my non-business time. Texting is different. Most often, there is no way to receive a text without access to a cell phone. Most lawyers dont have access from the desk-top computer. I dont always have my cell phone with me and I usually have it on silent to avoid unwanted intrusion at work. Also, the carrier only retains text message for 30 days, and they cannot be easily authenticated. I dont want to be responsible for time sensitive messages under these circumstances. Think about it and let me know your policy, ifany. Finally, please send me your com-ments and suggestions for topics. I want this column to be user friendly and instructive to your needs. Send them along to jbernbaum@timoneyknox.com and I will be happy to respond.

Bits & Bytes

By Joel B. Bernbaum, Esq.

Spring Cleaning YourTechnology

This edition of Bits & Bytes marks over sixteen years of sharing technology with members of the Montgomery Bar Association. It also marks the end of winter and

the onset of spring - a good time to extend your spring cleaning to your technology.

S I D E B A R 6 S P R I N G 2 0 1 3

Bell-Ringing & Powerball

Lawyers Lending a hand

T he law firm of Rubin, Glickman, Steinberg, and Gifford, PC, Lansdale, Pennsyl-vania, continues its sponsorship of Salvation Army Kettles at the Montgomery Mall in North Wales, PA. Last year marks the 7th year the firm and its employees have been providing this support to the Salvation Army. On Wednesday evenings from November 28th through December 19th the firms employees and their families rang the bells for the Salva-tion Army through its Bells Ringing Across America celebration to raise funds for the needy in our area. Rubin, Glickman, Steinberg and Gifford, P.C.

and its employees have found this to be a very heartwarming project and look forward to continuing it again nextyear. _______________________

$104 in winnings from the Pennsylvania Lotterys Powerball game got the ball rolling on a holiday donation to charity given each year by

the lawyers and staff at Timoney Knox LLP in Fort Washington. Thirty-eight lawyers and staff each contributed $2 to purchase a Powerball ticket in late November, and that $76 yielded $104 in winnings. The group decided that, rather than host a pizza party or some other event for the firm, the funds should go to Timoney Knoxs annual holiday fund collection for an area charity, according to Criss Tull, director of administration. With the lottery winnings, plus personal donations and a donation from the firm, Timoney Knox presented $700 to the Mattie N. Dixon Community Cupboard in Ambler, a nonprofit organization that serves individuals and families in the Ambler area whose incomes fall below the Fed-eral Government Poverty Guidelines.

Technology Solutions:Helping you meet the technology needs of your partners, associates, staff and clients.

Every day, law firms and legal professionals rely on business technology to run their timesheet and billing software, communicate with clients through e-mail and fax, store and protect electronic files and sensitive data, and print hardcopy documents.

Stratix Systems has helped several Montgomery County Bar Association members address their technology needs with strategic IT and Managed Services, Document Management Solutions, and

Printing and Imaging Systems.

Learn more. For more information, call 610.374.1936 or visit Stratix Systems online at www.stratixsystems.com.

No one knows technology solutions like Stratix.

S I D E B A R 7 S P R I N G 2 0 1 3

A s any judge, attorney, or courthouse employee in Montgomery County can tell you, the county courts are bursting at the seams. So much so, that a court already running at full capacity can sometimes be over-whelmed by the sheer volume of cases. Thanks to the recent efforts of the Montgomery County Court of Common Pleas, the backlog of cases waiting to be tried has been reduced by 45%.1 The Montgomery Bar Asso-ciations Alternate Dispute Resolution (ADR) Committee hopes to join the bench in its effort to further alleviate the courts backlog. The committee recently unveiled the brand new Center for Mediation and Arbitration (CMA), which seeks to resolve disputes either before or after they escalate into a filing in civil court. The CMA will also mediate and arbitrate cases in suit. The MBAs ADR program, which began in 2002 as the Davenport Dispute Resolution

Center, has helped numerous parties avoid costly litigation and reach amicable settlements. In an effort to increase awareness of the ADR program, the committee decided to rebrand, revamp, and relaunch this pastwinter. The CMA is a low-cost service for the resolution of disputed matters that have been or could be filed in civil court or that the parties other-wise wish to resolve. The goal of the program is to provide an opportu-nity for an expeditious resolution of disputes outside of the courts. Services are provided through an expert panel of ADR specialists, all of whom have been carefully selected by the ADR Committee for their extensive experi-ence in mediation and arbitration of civil matters. The CMA is available to lawyers, insurance companies, and any members of the public who have a civil dispute or a pretrial case pending in Pennsylvania. The new center is already receiving

rave reviews. An initial two day medi-ation session with a major nationwide insurance company garnered the praise of all parties involved, as well as Court of Common Pleas Judge Thomas M. Del Ricci. Building on the success of this initial session, the center has sev-eral other mediations scheduled with major insurance companies in the near future. Judge Del Ricci is especially looking forward to seeing old cases disappear from the courts back log. Anyone interested in learning more about the Center for Mediation and Arbitration can visit www.mont-gomerbar.org/adr/home.htm or call 610-279-9660, ext. 208.

The Center for Mediation & Arbitration

MBAs new dispute resolution center launches to rave reviews

1 Elliot-Engels, Amaris. Montco Reduces Civil Trial-Ready Caseload by 45 Percent, The Legal Intelligencer. Feb. 6, 2013.

S I D E B A R 8 S P R I N G 2 0 1 3

young Lawyers

P ennsylvanias mock trial program is one of the largest in the nation. This year, 333 teams from 276 high schools statewide will compete in Pennsylva-nias 30th Annual Mock Trial Competition. The first round of competition began on January 29, 2013 with 30 high school teams competing for the Regional Title. During the competi-tion, eight-member student teams are given the opportunity to present their case in the courtrooms of the Montgomery County Courthouse, and make arguments before Common Pleas Judges, Magisterial District Judges and Discovery Masters of Montgomery County throughout each round

of competition. The students, who play the roles of lawyers, witnesses, plaintiffs and defendants, are assisted by teacher coaches and lawyer advisors in prepar-ing for competition. Lawyers, law office staff and commu-nity leaders serve as jurors and provide helpful feedback for each team through-out the competition. The juries determine the winners based

on the teams abilities to prepare their cases, present arguments and follow court rules. At the conclusion of each trial, the participating teams exchanged awards for the best advocate and best witness. In the end, Mount Saint Josephs Academy (Team 1) defeated Harriton High School in the final round of competition on February 27, 2013. President Judge William J. Furber presided over this trial, where Mount Saint Josephs Academy represented the defense and Harriton served as the prosecution. The jury was composed of some of Montgomery Countys most prestigious members, including Kier Bradford-Grey, Chief Public Defender; The Honorable Carolyn

Tornetta Carluccio; Marcel L. Groen, Chair of the Montgomery County Democratic Committee; Mark Levy, Prothonotary; Kevin R. Steele, First Assistant District Attorney; Past President of the Montgomery Bar Association Steven H. Lupin and Pres-ident-Elect Michael F. Rogers; and Past Chairs of the Young Lawyers Section, Justin A. Bayer and Seth D. Wilson. Mount Saint Josephs Academy (Team 1) advanced to the Pennsylva-nia Bar Association Statewide Mock Trial Championships, which began on March 22, 2013. The winning team of the state championship will represent Pennsylvania in the national mock trial finals to be held May 9 11, 2013 in Indianapolis. Over 100 Montgomery County judges, teachers and lawyers volunteered their time to prepare teams and to judge the 2013 District and Regional High School Mock Trial Competition. The Young Lawyers Section would like to thank all of the volunteers that helped make this years program a success!

Teams Compete in the Montgomery County

Mock Trial Competition Each year, the MBA Young Lawyers Section organizes the District and Regional

High School Mock Trial Competition in Montgomery County.

By Sarah N. Ponzio, Esq., MBA YOUNG LAWYERS SECTION CHAIR

recent young Lawyers section events:

stay tuned to Barnews and MontgoMeryBar.org for upcoMing young Lawyers section events!

March 22, 2013Annual March Madness Event P.J. Whelihans, Blue Bell, PA

April 5, 2013 Fundamental Formation and Governance Issues Affecting Your Small Business Clients (1.0 substantive CLE credit) Presented by: Andrew D. Santana, Esq., Fox RothschildMontgomery Bar Association

April 13, 2013Wills for Heroes Event (Montgom-ery County Sheriffs Office)Montgomery Bar Association

S I D E B A R 9 S P R I N G 2 0 1 3

T he Montgomery Bar Association and our endorsed broker and partner USI Affinity are proud to introduce a new and much improved Lawyers Professional Liability Insur-ance program in 2013. The program was chosen after a thorough review of the Bar Association program last year showed that improvements were needed to ensure that members are getting the best possible products and services. At the end of that process, we decided to partner with CNA on the new professional liabil-ity insurance program. CNA is an A Rated national leader in Lawyers Professional Liability insurance, pro-viding coverage to more than 44,000 law firms in the United States. With more than 50 years of experience, they deliver world class underwriting, dedicated claims and state-of-the-art risk management tools and resources. We feel this new Lawyers Professional Liability program is the best combination of coverage, services and value for MBA members. In addition to expanded risk management resources and credits for Bar Associa-tion members, the new LPL offering features comprehensive coverage and policy features tailored to meet the unique requirements of law firms in Pennsylvania, from solo attorneys to largefirms. The new program features Limits of Liability up to $10 million for qualifying insureds, with continuous coverage and full prior acts available. It also includes improvements over the previous program offering, including:

True Consent to Settle: The named Insureds written consent is required to settle a claim.

Cancellation: Cannot be cancelled except for non-payment of premium.

Supplementary payments fordisciplinary proceedings: up to $50,000 per proceeding and up to $100,000 total.

Supplementary payments for loss of earnings: up to $500 per day and up to $50,000 total per insured.

Discrimination complaint coverage: up to $25,000 per policy period for attorneysfees.

Privacy Event coverage: up to $10,000 per event and $20,000 total for expenses related to unauthorized

disclosure of non-public personal information.

Public Relations Event coverage: up to $25,000 per event and $50,000 for expenses in response to specified public relationsevents.

Regulatory Inquiry coverage: up to $25,000 for attorneys fees.

Supplemental claim expense benefit: in the event the total limit of liability is exhausted and any unresolved claims remain, the com-pany agrees to reimburse the Insured up to 10% of the limit of liability, up to a maximum of $100,000, for claim expenses incurred handling the unresolvedclaims. Reduced deductible for early claim resolution: deductible reduced by 50% (up to maximum of $12,500).

We are confident that you will find the new MBA-endorsed professional liabili-ty offering to be a tremendous member benefit and a great value. If you are not currently insured through the Bar Association program, we encourage you to get a quote when your policy expiration date approaches.

Lawyers Professional Liability ProgramFeatures Many Improvements

New Montgomery Bar Association

If you have any questions, you can talk to the insurance experts at

USI Affinity. Call them toll-free at 855-USI-0100 PIN 761.

S I D E B A R 10 S P R I N G 2 0 1 3

he phone rings. It is 10:30 p.m. on a Friday. Calls at this hour rarely bring good news; and this one is no exception. Gloria, a newly hired agent in the Benefits Department of your insurance brokerage and financial services company, informs you that her personal laptop computer was stolen from her car. At first you wonder why Gloria is sharing this unfortunate news with you; but she quickly reminds you that under the companys newly adopt-ed Bring Your Own Device (BYOD) Program, Gloria was using her personal laptop for company business. Residing on her now missing, computer are the full names, addresses, social security numbers, account numbers, and ac-count balances of plan participants for 15 client benefit plans for which you act as plan administrator and for several other plans to which your clients serve that role. That same information and health histories for the client health plans that your company administers are also on the laptop. Gloria informs you that the same information for all 75 of your own companys employees resides on her computer. All told, per-sonal information of more than 2500 individuals, living in all fifty states, potentially has been breached. The news gets worse when you speak with your lawyer. You learn that

because some information is health in-formation, you will have to notify those individuals whose information has been compromised under the Federal Health Insurance Portability and Account-ability Act. (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), this will require your lawyer to review regulations issued by the Department of Health and Human Services and the Federal Trade Commission to determine who must be notified and what information must begiven. As you are considered a financial institution, you will have reporting responsibilities under the Financial Services Modernization Act of 1999 (aka Gramm-Leach-Bliley Act). This will require review of regulations issued by the Office of the Comptroller of the Currency, the Federal Reserve Board and the Federal Deposit Insur-ance Corporation as well as the Office of Thrift Supervision to determine what regulations might apply to that aspect of your business.

BYOD Policies...Scary Liabilities For

the Uninformed Employer

By Robert W. Small, Esq.

Furthermore, your lawyer tells you that if any of the employees workfor your affiliated radio station hewill also have to spend time visiting the Federal Communications Act 1934 and Regulations issued under that Act by the Federal Communica-tions Commission which relate to data breach notification. But then the really bad news comes. At least 46 states have legisla-tion dealing with the breach of personal information. Although he is familiar with the laws of your state, he and a team of associates will have to blue sky the other 45 statelaws.

T

S I D E B A R 11 S P R I N G 2 0 1 3

Your lawyer tells you that personal information subject to breach notifi-cation statutes include social security numbers, drivers licenses numbers, account numbers, credit card or debit card numbers, along with security and or access codes or passwords that would permit access to an individual account, medical information, health insurance information, date of birth, mothers maiden name, biometric data, DNA data, passport number, taxpayer identification numbers, and account numbers even disassociated from passwords or PIN numbers. Anticipating a large legal fee and notification costs, you ask if notifi-cation is required. He responds that many states have risk of harm thresh-

olds which require notification only if the breach of personal information poses, or is likely to pose, a significant risk of harm to the affected individuals. In response to his questions you inform your lawyer that, while a password is required to open the files on the stolen laptop, the data is not encrypted. With this information your lawyer tells you that this probably rises to the level of a significant risk of harm to the individ-uals whose personal information is on the computer triggering your notifica-tion obligations. You ask what you have to tell your employees and what your clients will have to tell their employees as you are certain your clients will be looking to you for guidance as to their obligations. Your lawyer tells you that the informa-tion you must provide depends on each state statute. You ask if the company could simply provide all of the information required by the most

comprehensive statute which would save time with the blue sky exercise. Your lawyer responds that what some states require you to put in employee notifications, other states prohibit. Therefore, there can be no one size fits all notificationletter. Furthermore, it is not as simple as notifying plan participants or your own employees. Some states require notification to state officials such as the State Attorney General. Some states permit you to delay notification if the law enforcement agency investigating the breach requests that of you so as not to impede its investigation. Addi-tionally, at least one state requires that you notify them before notifying plan participants or employees and have your notification letter approved. Your lawyer will have 4 associates begin the blue sky process immediately. By the end of the day he lets you know that the good news is only 11 states statutes create a private right of action for individuals to sue you for

Continued on page 12

S I D E B A R 12 S P R I N G 2 0 1 3

damages they sustain as a result of the data breach. However, the bad news is that your company and your clients have hundreds of employees who reside in those 11 jurisdictions. Seeing dollar signs fly by, you ask what the risk would be of not notifying anybody; in the hope the information is never wrongly used. You learn that several state statutes impose fines rang-ing from $10,000.00 to $150,000.00 per breach if required notification is not made. Other jurisdictions impose civil penalties or fines up to a $500,000.00. Not notifying all those entitled to notification simply is not anoption. I thought all the laptop comput-ers you gave to your employees had encryption, GPS location and remote destruction software, your lawyer says. You respond that, in an effort to save hardware costs and address concerns of a new generation of techies who want to do all their computing on a single device, your company recently adopted a BYOD policy that allows employees to use a single device of their own choosing for both personal and company business. You did not require employees using personal devices to download those protective software programs. Your lawyer asks what steps you took to protect the companys own trade secrets and confidential information on employee devices. You never thought about that and have no protection either from whoever stole the computer or even from your own employees wrongful use of that information. Your lawyer advises that, because there is health information on the laptop subject to HIPAA and HITECH, you are subject to an enforcement action by Health and Human Services. He also advises that under the Interagency Guidance Pub-lication issued by the Comptroller of Currency under Gramm-Leach-Bliley your company was required to have in place a risk-based response program to address incidents of unauthorized

access to private information because your business qualifies as a financial institution under the Financial Services Modernization Act of1999. You belatedly realize that, before adopting a BYOD program, you should have completed a comprehensive risk assessment. Such an assessment might have revealed that employees already were using their own devices for work related information and likely would have determined whether a BYOD program was technically or financially feasible and appropriate for your com-pany. Such an assessment also would have enabled you to select the best technological means for

implementation of a comprehensive security program and to develop specific policies and procedures governing BYOD administration and management. Your lawyer recommends that, after this crisis is over, the company develop a comprehensive BYOD risk assessment procedure and urges you to contact your Errors and Omissions carrier to determine whether you have coverage in the event your clients, their employees or your own employees bring damage lawsuits. Although fictional, the foregoing arises out of actual events.

BYOD Policies...Scary Liabilities For the Uninformed Employer

S I D E B A R 13 S P R I N G 2 0 1 3

S I D E B A R 14 S P R I N G 2 0 1 3

The Business, Banking and Corporate Coun-sel Committee hosted Commissioner Bruce L. Castor, Jr. over lunch at the Bar on January 24, 2013. It was the inaugural 2013 monthly meeting of the Committee, which usually includes a lawyer or non-lawyer from the business com-munity who is invited to share his/her business experiences. Mr. Castor was an excellent guest to help the Com-mittee kick off the new year, sharing his experiences with the challenges of running the County government in a way that meets the needs of its citizens in a fiscally responsible manner. Mr. Castor was elected Com-missioner of Montgomery County, Pennsylvania in November 2007, and re-elected in November 2011. Prior to his election as Commissioner, he served in the office of the District Attorney of Montgomery County for twenty three years, starting in 1985 as a Legal Intern in the Sex Crimes Unit; continuing from 1986 until 1991 as an Assistant District Attorney in the Major Crimes

and Sex Crimes Unit (Serving as Captain of the Major Crimes Unit 1988-1991);

and servin gas Deputy District Attorney (Chief of Trials, Cap-tain Grand Jury Unit) from 1991 until 1993 when he became First Assistant District Attorney. Mr. Castor was elect-ed District Attorney of Montgomery County, Pennsylvania, in November, 1999, and re-elected as District Attor-ney in November, 2003. Mr. Castor has been a Shareholder and Director of Elliott, Greenleaf & Siedzikowski, P.C. since January, 2008, where he focuses his practice on general litigation, trial strategy and tactics, and conducting independent internal investigations for major corporations. Attendees at the luncheon were treated to Mr. Castors humorous and fact filled accounts of the Countys business affairs. Mr. Castor regaled the audience with tales of his personal experience with County, State and Federal officials, and then he turned serious in discussing the hard choices faced by the Commissioners in prepar-ing the 2013 County Budget without raising taxes. When Mr. Castor was asked how he divides his time between his official County duties and his law firm responsibilities, he reminded the

attendees that being a politician also placed great demands on his time. However, Mr. Castor emphasized that he has voluntarily undertaken all these responsibilities with pride and pleasure. Mr. Castors governmental service has included many prominent roles and has earned him numerous awards, including The Hon. Louis D Stefan Law Enforcement Award of the Mont-gomery Bar Foundation; President of the Pennsylvania District Attorney Association; Special Deputy Attorney General 1987-2007; Graduate of the FBI Academy (National Law Institute), Quantico, VA. 1993; Pennsylvania Po-lice Hall of Fame inductee 2007; Top 100 Trial Lawyers of America, 2012; Pennsylvania Super Lawyer, Philadel-phia Magazine, 2004-2008, 2010-pres-ent; inclusion on the Martindale-Hub-ble Lawyer Bar Register of Preeminent Lawyers since 2000; Honorary Captain, Montgomery County Sheriffs Depart-ment; and a 33rd Degree Scottish Rite Mason NMJ, Royal Arch Mason York Rite and Shriner. Mr. Castor is a life-long resident of Montgomery County, born in Abington Township and now residing in Lower Salford Township with his wife, Elizabeth, and two children. May I add, to give you a more complete understanding of the range of Mr. Castors activities, he has also served as a Confirmation Class Teacher at the Abington Presbyterian Church and asa Harleysville Baseball Coach.

Business, Banking & Corporate Counsel Committee WelcomesCommissioner Bruce L. Castor, Jr

MBA / FEATURE

By David A. Feldheim, Esq., MBA Business Banking & Corporate Counsel Committee Chair

S I D E B A R 15 S P R I N G 2 0 1 3

ven those of us that do not practice criminal law may have noticed the pendulum swinging away from get tough on crime towards a get smart on crime philosophy. Our legislature has recently continued the trend to prioritize and advance alternatives to incarceration for nonviolent offenders and has authorized early release mechanisms for prisoners who meet eligibility require-ments. These measures also include efforts to scale back certain sentencing provisions and returns to prison for probation and parole violators. These evidence-based practices amount to cost savings which allow for reinvest-ment back into other aspects of the criminal justice system, including treatment and local law enforcement. RIP, SIP, RRRI, Boot Camp, Drug Court, Behavioral Health Court and Veterans Court are all available right here in Montgomery County to address the root cause of criminality

and to alleviate our ever-in-creasing prison population. Senate Bill 100, approved by the Governor on July 5, 2012, has expanded on these sen-tencing provi-sions. Offenders convicted of certain low

quantity drug trafficking offenses, in-cluding low tier mandatories, may now be sentenced to county intermediate punishment. SB 100 also authorizes el-igible offenders to receive a RRRI (early release) minimum sentence even if a mandatory sentence is authorized. The bill also widens the net of eligibility for the underutilized treatment-based SIP program and increases the age limit for Boot Camp to age 40. Additionally, the Safe Community Reentry program was created to ensure successful reinte-gration and reentry of parolees back into the community by coordinating services such as housing, health care, education and job training. SB 100 also added a section to Ti-tle 42 (9771.1) which allows common pleas courts to establish a program to impose swift, predictable and immedi-ate sanctions on probation violators un-der supervision for drug-related crimes. The program requires drug testing, a violation hearing within two days, and, in lieu of revocation, sanctions of three days jail time for a first violation,

seven days for a second violation, four-teen days for a third violation and so on. As many of the inmates in our prison are probation violators, perhaps this new law will become a viable solution in our county soon. Much of the crime in the county is in some way related to drugs and alcohol. As the nation shifts away from the infatuation with long-term incarcer-ation as the perceived solution to drug addiction, problem-solving courts, such as Drug Court, have been tremendously successful in both reducing recidivism and prison populations. There are now over 2,600 drug courts nationwide, almost one for every county in the U.S. Treatment, combined with structure and intensive supervision, has been effective in reducing addiction-fueled crime. Similarly, Behavioral Health Court diverts the mentally ill away from the prison system and into the treatment setting. And with almost a million veterans in Pennsylvania, Vet-erans Court offers a more appropriate disposition and a unique way to address the needs of veterans involved in the criminal justice system. Our elected representatives across the political spectrum are now encour-aging the defense bar, our colleagues at the District Attorneys office and our judges to think outside the cell when analyzing the appropriate remedy to criminal behavior. By considering all of the relevant circumstances of an offense, we must assess not only the risks, but also the needs of an offender in an effort to reduce future criminality.

Alternatives to Incarceration in Montgomery CountyBy Scott C. McIntosh, Esq., MBA Criminal Defense Committee Vice-Chair

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MBA / FEATURE

S I D E B A R 16 S P R I N G 2 0 1 3

he American Taxpayer Relief Act of 2012, P.L. 112-240 (the Act) was signed into law on January 2, 2013, following a period of taxpayer uncertainty and busy 2012 year-end planning for the possibility of a return to pre-EGTRRA tax laws. For 2013, the applicable exclusion amounts from Federal Estate, Gift, and Generation-skipping transfer (GST) taxes were increased to $5.25 million, per individual, to be annually adjusted for inflation. The Federal Estate, Gift and GST tax rates were increased to forty (40%) percent. Portability among spouses, or the ability to use a prede-ceased spouses applicable exclusion amount on the second-to-die spouses tax return, has been made perma-nent, meaning generally a married couple both dying in 2013 will not pay Federal Estate or Gift tax on up to $10.5 million. Notably, GST was not made portable among spouses, although deemed automatic allocations of GST exemption were retained in the Act. The state death tax deduction (as opposed to a credit) has been made permanent. The annual exclusion for making gift-tax free transfers increased to $14,000 or $28,000 for married taxpayers who splitgifts. The Act also imposed significant changes to the Federal income taxation of estates and trusts, and individual beneficiaries of those entities. Un-like individuals, the new top Federal income tax rates of 39.6% apply for trusts and estates with over $11,950

in undistributed income. Income, including trust and estate income distributed to beneficiaries, is taxed at the new 39.6% top rate, which now applies to couples with over $450,000 and individuals over $400,000 in taxable income. For capital gains above the thresholds mentioned, rates were increased to twenty-percent (20%). Another consideration in 2013 is the 3.8% Medicare surtax on net investment income (part of The Afford-able Care Act of 2010), which applies to individuals whose adjusted gross income exceeds $200,000 or $250,000 for married taxpayers, and for trusts and estates having over $11,950 in un-distributed net investment income. The 3.8% surtax applies only to the lesser of: (i) the amount by which the tax-payers modified adjusted gross income exceeds the applicable threshold or (ii) the taxpayers net investment income. Rather than expiring sunset periods, the Act made these higher ex-emptions permanent, but tax laws are intrinsically tied to politics and these exemptions could obviously change in the future. To fill the void created by a Federal Estate tax that now taxes

only the ultra-high-net worth individuals, an increasing number of states will likely enact or retain their own sep-arate estate taxes, with exemptions de-coupled from the Federal ex-emptions. For example, in nearby New Jersey and New York, the applicable exclusion amounts are only

$675,000 and $1 million, respectively, and portability is not recognized. Penn-sylvania continues to impose its inheri-tance tax on net transfers to non-spousal and non tax-exempt beneficiaries. Coverage of planning opportuni-ties under the Act is beyond the scope of this particular article. While they last, the higher exemptions will likely mean that gifting into irrevocable trusts will continue to play a significant role for high-net-worth estate planning, although a competing interest will be the income tax benefit of holding property until death. The Act is likely to increase focus on Federal income tax consequences of Trusts and Estates, and many clients may decide now is the time to take action, before the winds of tax reform change again.

Michael J. Moyer, Esq. (LL.M. in Taxation) is an Associate Attorney at Friedman Schuman, P.C., a full-service law firm headquartered in Jenkintown, PA. Michael practices in Tax, Estate Planning and Wealth Preservation, Estate and Trust Administration, and Corporate Law, and he is admitted in Pennsylvania, New Jersey and NewYork.

The American Taxpayer Relief Act of 2012:

By Michael J. Moyer, Esq.

The Federal Estate, Gift, GST and Selected 2013 Income Tax Changes

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S I D E B A R 17 S P R I N G 2 0 1 3

Attorney General Kathleen Kane and MBA Bar President Paul Troy.

Pennsylvanias first elected female Attorney General, Kathleen Kane, visited our Bar on March 13, 2013. Ours is the first bar association the Attorney General agreed to visit. Mrs. Kane made good on a campaign promise she had made to Wendy G. Rothstein. Mrs. Kane capped off her promise by graciously accepting Bar President Paul Troys offer to become an honorary member of ourBar. The Attorney General was as effervescent, gracious and down-to-earth as she was portrayed during her maverick campaign. Meeting her, you immediately felt that this time the media got it right. Mrs. Kane was without pre-tense, as she looked you straight in the eye and invited you to speak about whatever was on your mind. She took her time to answer questions and spoke personally about herself and her family. She appeared visibly moved when some of us reminded her that she has become a trailblazer for women. She laughed readily, mingled freely and was genuinely enthusiastic about being with us. Mrs. Kane appears to be no ordinary politician. In fact, she denounced being

motivated by politics in her brief remarks following the reception. Mrs. Kane addressed the standing-room only crowd which included fourteen Judges of the Montgomery County Court of Common Pleas including the Honor-able Joseph A. Smyth, Stanley R. Ott,

Bernard A. Moore, William R. Carpenter, Emanuel A. Ber-tin, Arthur R. Tilson, Thomas C. Branca, Thomas P. Rogers, Garrett D. Page, Kelly C. Wall,

Carolyn Tornetta Carluccio, Gary S. Silow and Richard P. Haaz. Other dig-nitaries included Commissioner Leslie S. Richards, District Attorney Risa Vetri Ferman, Public Defender Keir Bradford-Grey, Court Administrator Michael R. Kehs and Clerk of Court Ann ThornburgWeiss. Mrs. Kane announced that her platform as Attorney General is to enforce the laws of Pennsylvania. She

described some of the major actions her office has taken since January, including issuing indictments involving a Turnpike pay-to-play scheme; heroin distribution; child predation; and cocaine trafficking between state lines. On the civil side, the Attorney General has entered into

numerous large monetary set-tlements as well as disapproved a previously proposed lot-tery contract. Mrs. Kane announced that equally import-ant to her as Attorney Gen-eral is educating our youth on ways to avoid becoming victimized by crime. To that

end, she declared her intention of visiting schools and community centers through

out the Common-wealth to support our youths and

their families. Mrs. Kanes articulation of her priorities as Attorney General con-firmed our sense on meeting her that she will be her own person as our Attorney General. The Bar thanks Wendy G. Rothstein for ensuring that our Bar was the first to receive the Attorney General. The evening was one our Bar, and I know Wendy, will cherish in more ways than one.

Joins our Bar!

By Pamela M. Tobin, Esq.

Attorney General

Mrs. Kane kept her campaign promise by graciously accepting Bar President Paul Troys offer to become an honorary member of our Bar.

Kathleen Kane\

S I D E B A R 18 S P R I N G 2 0 1 3

Edward J. DiDonato. Partner at Fox Rothschild LLP in Blue Bell. Over 35 years experience in Bankruptcy and business law, business reorganizations,

creditors rights and represen-tation of trustees; served on the Third Circuit Judicial Merit Selection Commit-tees for

both Bankruptcy and Magistrate Judges for the Eastern District of Pennsylva-nia; a frequent guest lecturer for Montgomery and Philadelphia Bar Associations; a Pennsylvania Super Lawyer for 2005 -2013 ; rated by his peers as AV; a graduate of Villanova University and Widener University School of Law; he was voted Man of the Year by the Italian American Press Club, a member of the Board of Directors of the Justinian Society and Co-Chair of the MBA 2013 Bank-ruptcy/Creditors and Debtors Rights Committee.

Stewart J. Greenleaf, Jr. is a shareholder in the law firm of Elliott Greenleaf & Siedzikowski, P.C. in Blue Bell. Mr. Greenleaf concentrates his practice in a wide-range of commercial litigation matters, as well as appeals to Pennsylvanias appellate courts. Mr. Greenleaf is a 2004 graduate of Amer-ican Universitys Washington College of Law where he served as president of the American University chapter of the Federalist Society for Law and Public Policy Studies from 2002 to 2003, and received a B.A. from the University of

Maryland. Following law school, Mr. Greenleaf served a judicial clerkship with President Judge Emeritus Stephen J. McEwen, Jr. of the Pennsylvania Superior Court. From 2008 through 2012, he was named a Pennsylvania SuperLawyers Rising Star. Mr. Greenleaf is active in the com-munity both within and outside of the legal profession. In addition to serving on the Montgomery Bar Associations Board of Directors and as President of the Associations Trial Lawyers Section, he represents child victims of abuse with the Montgomery Child Advocacy

Program. Outside of the legal profes-sion, Mr. Greenleaf serves as a member of the Upper Moreland Parks and Recreation Advisory

Commission. Mr. Greenleaf has also served as a hearing committee member for the Pennsylvania Supreme Courts Disciplinary Board and as a Trustee of the Upper Moreland Free Public Library. In November 2011, Mr. Greenleaf was elected as Controller for Mont-gomery County, PA. In that role, he oversees the countys $400 million in annual expenditures, as well as the countys $440 million pension fund. Mr. Greenleaf is a member of the Bars of the Commonwealth of Pennsylvania, the State of New Jersey, the United States District Courts of the Eastern District of Pennsylvania, the Western District of Pennsylvania

and the District of New Jersey, the Third Circuit Court of Appeals, and the United States Supreme Court. Mr. Greenleaf s professional relation-ships include the Pennsylvania and Montgomery Bar Associations and the Pennsylvania Association of County Controllers.

Mark F. Himsworth has been han-dling commercial litigation matters for over 20 years. A member of the Litiga-tion Department at Hamburg, Rubin, Mullin, Maxwell & Lupin, a consid-erable amount of his practice is related to business disputes, including cases involving covenants not to compete, interference with contractual relations, unfair competition, misappropriation of trade secrets, commercial defama-tion, and partnership and shareholder disputes which include cases involv-ing minority oppression and squeeze outs. In addition, he handles a wide

spectrum of con-struction disputes, including construc-tion defect claims, mechan-ics lien claims, unfair trade practice

and consumer protection law claims, municipal bid litigation, and payment and performance bond claims. He also represents residential and com-mercial brokers in broker malpractice cases and in commission disputes and individuals and companies in various real estate disputes, including quiet title actions, partition actions,

MBA Welcomes New Board MembersMeet the 2013 Additions to our Board of Directors

MBA / FEATURE

S I D E B A R 19 S P R I N G 2 0 1 3

claims involving adverse possession, lis pendens, easements, deed restrictions, disputes involving both residential and commercial agreements of sale, and tax assessment appeals. Mark is a past President of the Montgomery Trial Lawyers and is a member of the Montgomery Inn of Courts as a Barrister and past Treasurer. In 2010, 2011 and 2012 Mark was named by Super Lawyers magazine as one of the top attorneys in Pennsylvania. Only five percent of the lawyers in the state are named to the list. He is a former member of the Board of Directors of the Patrician Society, a non-profit food cupboard devoted to helping the needy in the Norristown area and the United Fund of Collegeville-Trappe, Inc., a non-profit serving various charities in the Collegeville-Trappe area. He is a past President of the Board of Directors of Big Brother/Big Sisters of Montgomery County, and was coun-sel for that organization. He is also a former member of the Trappe Borough Planning Commission. A graduate of the University of Notre Dame in 1984 (B.A. Accounting), Mark obtained his law degree from Widener University School of Law in1987.

Jacqueline M. Reynolds is a member of the Health Care Liability Practice Group in the King of Prussia office of Marshall, Dennehey, Warner, Coleman and Goggin. Throughout her 16-year career, she has provided legal counsel to physicians, physician practices, nurses, allied health professionals, hospitals and health systems. She handles cases

through-out five Penn-sylvania counties. Jackie received her Bache-lor of Arts degree and paralegal certificate from

Cedar Crest College, where she was also the recipient of the Butz Award as the member of the senior class who exerted the best influence in her college life and association. She worked for defense litigation law firms in Philadel-phia before returning to school at the Temple University School of Law. She joined Marshall Dennehey in 1995 as a law clerk, and has remained with the firm since that time. She concentrates her practice in the Medical Malpractice and Prem-ises Liability areas. Member of the Pennsylvania and New Jersey Bars. American Bar Association, Montgom-ery Bar Association, Pennsylvania Bar Association, American Inns of Court, Montgomery County, Medical Legal Society, Montgomery County ,Trial Lawyers Section, Montgomery County and Women in the Law, Montgomery County Jackie received her J.D. from Tem-ple University School of Law and the Cedar Crest College-Allentown, B.A. American History.

Seth D. Wilson is a shareholder at Morris and Clemm, P.C. He graduated from Lafayette College in 2000 with a degree in Interna-tional Affairs. He is a 2003 graduate of the Temple University Beasley School of Law where he focused on trial advocacy. Mr. Wilson prac-tices in Pennsyl-vania, New Jersey and the federal courts. He handles plaintiffs personal injury matters, including med-ical negligence, products liability and automobile

accidents, and com-mercial litigation. He is an active member of

the Pennsylvania Bar Association and the Montgomery Bar Association. Mr. Wilson served as the 2012 President of the Young Lawyers Section of the MBA. He is currently the Co-Chair of the Unauthorized Practice of Law Committee and a member of the Trial Lawyers Section, Bench Bar, Medical Legal and Long Range Planning Com-mittees. Mr. Wilson is a former Editor of the Montgomery County Law Report-er. He has been named a Rising Star by Super Lawyers magazine. He is also an appointed member of the Environmen-tal Advisory Commission of Springfield Township, where he lives with his wife and two daughters.

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S I D E B A R 20 S P R I N G 2 0 1 3

L ike many great undertakings, this one began with someone staring at a blank wall. In this case, that someone was 38th Judicial District of Pennsylvania Court of Common Pleas Judge Carolyn Tornetta Carluccio. Judge Carluccio, a pioneering past president of the Mont-gomery Bar Association, now serves as the Chair of the Community Outreach Committee. Having recently complet-

ed a series of consumer educational video vignettes featuring local attor-neys, the committee was charged with finding a new project. And so Judge Carluccio found herself staring at a blank wall when inspiration struck. As a judge, I spend much of my time facing out into the courtroom. During one particular recess, I noticed that something was missing from my courtroom: artwork.

Judge Carluccio brought her idea to the next meeting of the MBAs Communi-ty Outreach Committee. The commit-tee shared her enthusiasm and worked diligently to come up with a project that would both serve the community and beautify the county courthouse. Each and every day, the doors of the Montgomery County Court House are opened to serve citizens from 38 townships and 24 boroughs. The court-

A UNIQUE COUNTYWIDE ARTS INITIATIVE COURTHOUSE IMPROVEMENT EFFORT

OF THE PEOPLE,

By Melissa M. Boyd, Esq.

by the People,

& FOR THE PEOPLE.

S I D E B A R 21 S P R I N G 2 0 1 3

house represents the ideals of democra-cy and stands as a pillar of justice in our community, but for those who must avail themselves of court intervention, the very idea of visiting the courthouse can be overwhelming. Few things are more stressful than a day in court. For litigants, whether attorney or client, the strain of a trial is enormous. For law enforcement, for victims facing their abusers and for those traumatized by events in which theyre forced to testify, a day in court can be downright scary. From the unease of the albeit necessary security check upon entering, to the cold, cavernous hallways; the emotion-ally charged courtroom testimony; the sometimes gruesome trial evidence and other courtroom stressors theres just not a lot of comfort in a day in court. Situated in the county seat of Norristown, the courthouse is an architectural treasure. Despite the unique mix of history and progress that the courthouse represents, it has been decades since the interior of the courthouse underwent a significant transfor-mation or received a cosmetic facelift. In the early 1950s, artist George M. Harding was commissioned to paint grand murals in the main courtrooms of the 2nd and 3rd floors, depicting scenes from the countys rich history. No other art initiatives for the commissioned since that time. If you walk down any of the courthouse hallways or visit any of the newer courtrooms, you will see blank, and I venture to say, uninviting walls. In the shadow of tough econom-ic times and widespread budget cuts impacting county organizations like

Legal Aid and the Montgomery Child Advocacy Project, members of our legal community and those of us who visit or conduct business in government buildings like our courthouse recognize there are far more pressing issues for our tax dollars to address than sprucing up the courthouse And so, MBAs Community Out-reach Committee developed Courting Art: a community art initiative which aims to populate the interior walls of the Montgomery County Court House with artwork from county residents. The committee, a group comprised of lawyers, community leaders, and business leaders, were able to develop this initiative from the ground up completely internally. We were able to tap particular members with experience in art and exhibitions, whose input was invaluable in creating this project,

says Judge Carluccio. Courting Art will embody a series of community art contests and public exhibitions, hosted by the Bar Association and its partners, over the next several years. Mont-gomery County is loaded with artistic talent. These contests and exhibitions are intended to solicit work from the

community, and in exchange provide a forum for local artists to showcase their work for years to come. For this years inaugural contest, What I Love About Montgomery County, artists age 55 or better from Montgomery County are invited to create and submit original paintings, drawings and mixed media for a juried, VIP art exhibition and contest. Make no mistake, the artwork that the MBA COC expects to receive from those se-nior artists should be nothing less than exceptional. Many senior citizen com-munities and centers have incredible art programs. These facilities are teeming with talented artists and the MBA COC felt there was no better forum to showcase the talents of the countys senior artists. Joanne Kline, a member of the MBA COC and Executive Director of Aging and Adult Services

of Montgomery County, has been a tremendous sup-porter of the contest and affirmed the incredible artwork being produced by our countys seniors. Prizes will be awarded for win-ning entries at the conclusion of this years event. A grand prize of $1,000 is planned. Unique to this years Courting Art exhibition and contest, our esteemed panel of judges will include, among others, sitting judges

In mid-March, Community OutreachCommittee Chair, Hon. Carolyn T.Carluccio (c) and Vice-Chair, Melissa M. Boyd, Esq. (r) made an on-air appearance on the Hank Cisco Show.

Continued on page 22

S I D E B A R 22 S P R I N G 2 0 1 3

from the Montgomery County Court of Common Pleas. Immediately following this years exhibition, all art will be re-turned to its creators and winners will be notified. One reproduction or likeness of each winning piece will then be produced at the expense of the Bar Association and its sponsors. These reproductions will be displayed for years to come on the walls of the courthouse. Fittingly, May is Older Americans Month. This years exhibition will be open May 10 & 13, 2013 from 10 a.m. until 5:00 p.m., with a VIP awards reception following the exhibition.The exhibition and VIP reception will be hosted at the Montgomery County Community College Fine Arts Center, commonly known as the Art Barn. The Montgomery County Community College has been a wonderful supporter of the Montgomery Bar Association. The Colleges representative to the MBA COC, Vice President of Development and External Affairs Sharon Beales, was instrumental in securing the host site for the exhibition and reception. With the blessing of President Judge Hon. William J. Furber and the Mont-gomery County Commissioners Office, Courting Art was launched with a Valen-tines Day press conference on February 14, 2013 in Judge Carluccios courtroom. The community response to this initiative has been impressive. Anticipated submis-sions include one seniors depiction of her 300 year old home. Residents from Shan-nondell at Valley Forge, one of the largest continuing care retirement communities in the area, have begun work on their masterpieces. With the theme, What I Love About Montgomery County,

the pool of submissions will be vast in content and interpretation. In response to the recent media coverage, several area businesses, law firms, community partners and individ-uals have already begun fulfilling their fiduciary call by agreeing to sponsor our inaugural contest and exhibition. Entry level sponsorships start at just $200; however, the most popular sponsorship option thus far has been at the $500 level, where sponsors receive considerable value in exchange for their generosity and support. At the $500 level, sponsors names and logos will appear in ads placed in legal news media like the Legal Intelli-gencer and in popular general circulation newspapers throughout Montgomery County. These sponsors will also be recognized for their generosity and support on signage and materials at the Public Exhibition on May 10th and May 13th, as well as the V.I.P. Awards Reception on May 13th. All supporting sponsors will receive prominent recogni-tion online and in various MBA media like SIDEBAR, the Montgomery County Law Reporter and more. Several other sponsorship opportunities are available as well. As an added incentive to our first year supporters, one lucky sponsor will take home an original watercolor of the Montgomery County Court House, painted by Kathleen S. Howell. Ms. Howell is an award-winning artist, residing in Perry County, PA who has painted some of Pennsylvanias most significant legal arenas. Her works also include beautiful watercolors of the courthouses from each of the 67 counties

of Pennsylvania. Her County Courthouse Series is displayed on the first floor of the Pennsylvania Judicial Center in Harris-burg. Dean Phillips, Esquire of Elliott Greenleaf & Siedzikowski, P.C. kindly commissioned and donated this work of art to be raffled off to a lucky sponsor. Complete information on this years inaugural Courting Art Contest and Exhibition can be found online at www.courtingart.com. If ever you needed any affirmation of the world-class talent, work ethic and initiative of the MBA staff, it is evidenced through the construction of this website. Each year, members of our legal community, through the bar association, the Mont-gomery Bar Foundation, and their own individual and firm-sponsored pro bono efforts give countless hours of time and money to support justice-related causes in Montgomery County. Courting Art is a unique model, however; the project is aimed at physically and aesthetically improving our county courthouse and re-ducing the stress typically associated with a day in court. In order to succeed, the project will rely heavily on the support of sponsors. Please consider supporting this great cause by serving as a sponsor. Do-nations of any amount will be accepted and go towards the funding of this and additional Courting Art projects in the future. Visit the Sponsors section of www.courtingart.com for more infor-mation. With your help, the nonpareil grand faade of this great courthouse will soon be matched by its interior beauty. Perhaps Judge Carluccio sums it up best in discussing her hope for the project: the next time that I glance at a wall in my courtroom, I want to be inspired by the artwork, not the lack thereof.

The Honorable Carolyn T. Carluccio addresses media at a Courting Art press conference.

S I D E B A R 23 S P R I N G 2 0 1 3

Michael Moyer (Friedman Schuman in Jenkintown, PA) and Elaine Moyer (Kane Pugh) welcomed baby Garrett Joseph on December 13, 2012.Michael Drossner has been ap-pointed by the Whitemarsh Township Board of Supervisors to the Ethical Standards AdvisoryBoard. Adam L. Fernandez a member of Wisler Pearlstine, LLP has been appointed by the Nether Providence Township Board of Commissioners to be a permanent member of the Town-ships Zoning Hearing Board for a five (5) yearterm.Philadelphia-area based Stewart, Bernstiel & Rebar (SBR) announced that shareholder Bryan W. Petrilla has joined the firm as a partner. Petrilla handles litigation throughout the country, with a focus on insurance coverage disputes. David L. Allebach, Jr., a partner of Yergey Daylor Allebach Scheffey Picardi-

Pottstown office, was appointed to the Board of the newly created Philadel-phia Freedom Valley ForgeYMCA.Jennifer J. Riley, Associate Attorney at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C. co-authored a new book by the PBI entitled Custody Law and Practice in Pennsylvania. The publication was written by some of Pennsylvanias best family law professionals and provides practioners with a comprehensive re-source covering substantive, procedural, tactical and ethical considerations in the area of custody law. Justin A. Bayer is now a partner at Kane, Pugh, Knoell, Troy & Kramer, LLP and Mary Coyne Pugh has joined the firm as Special Counsel. Claudia Huot has been named a partner at Wisler Pearlstine. She has been an associate in the firm since 2001, working part-time for eight years before full-time status in2010.

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MeMBers in the news Shemtob Law, PC, is pleased to an-nounce that Christina DeMatteo has joined the firm as a partner. Ms. DeMatteos practice includes all aspects of family law litigation, including divorce, property division, custody, support and abuse, primarily in Mont-gomery, Chester, Delaware, Bucks and Philadelphia Counties.Kevin H. Buraks, of Portnoff Law Associates, was elected President of the Tredyffrin/Easttown School District.Thomas G. Wilkinson of Cozen OConnor has been elected president of the Haverford Civic Association.Obermayers family law attorney, Michael E. Bertin served as a trainer for the Philadelphia VIP CLE Training Program Divorce Practice in Philadel-phia on December 7, 2012. He has also been named chair of the Phila-delphia Bar Associations Family Law Section for 2013.

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his month, the Montgom- ery Bar Foundation will kick off a new drive for its Fellows Program. The pro-gram, which was established in 2007 under the leadership of then-President of the Montgomery Bar Foundation William H. Pugh, V, is major source of funding for the foundations annual grants program. Participation in the Fellows Program requires a minimum commit-

ment of $1,250, payable in five annual install-ments. These multi-year pay-ments generate a steady stream of funding that en-ables the founda-tion to maintain a consistent level of support. More-over, this struc-tured approach benefits program

participants by spreading the charitable tax deduction over severalyears. The Fellows Program has been highly successful, attracting support from a broad base of Bar Association leaders and members, and generating more than $110,000 since its incep-tion. These monies have been distrib-uted to organizations that provide counseling, advocacy services, and free legal assistance to victims of crime,

ever-growing need for their assistance. As the charitable arm of the Montgomery Bar Association, the Montgomery Bar Foundation by its mission statement is committed to helping to close this gap and combat the continued erosion of legal related services and support. Please join us in this effort. As lawyers, we have a special obligation to ensure that the doors of justice are open to all. By joining the Fellows Program, you are demonstrating a deep com-mitment to the cause of justice. More importantly, your commitment reflects compassion for those who struggle dai-ly to make ends meet, keep a roof over their heads and protect themselves and their children from crime andabuse. This year we will be introducing a number of new opportunities for pro-gram participants. You can learn more about these, and download the Fellows Program enrollment form, by visiting montgomerybarfoundation.org.

MontgoMery Bar foundation

A Call to Join Our Fellows ProgramContributions will help support the delivery of legal services to

the disadvantaged.

By Steven H. Lupin, Esq. Montgomery Bar Foundation President

poverty, abuse and discrimination, and also to other law relatedcauses. The first round of pledges were fulfilled in 2011, when the initial Fellows paid their commitment in full. Many of those individuals have already renewed their support for an addi-tional five years; for those that havent done so, we encourage you to take this opportunity to do so, by calling the Bar Association at 610-279-9660 or emailing hbendit@montgomerybar-foundation.org. Public and private support for free legal services or legal related services for the most vulnerable members of our community has steadily declined over the past couple of years. This funding gap has led to staff layoffs and other extreme cost-cutting measures in many of the organizations providing these services, and their shrinking staff is overrun by the

The Montgomery Bar Foundation is a 501(c)(3) non-profit organization whose mis-sion is to improve, facilitate and support justice and fair treatment for all. The official registration and financial information of the Montgomery Bar Foundation may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 801-800-732-0999. Registration does not imply and endorsement.

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O ne hundred and thirteen years after L. Frank Baums book, the Wonderful Wizard of Oz, Walt Disney Pictures has released the prequel: Oz the Great and Powerful. The movie tells the story of how a circus performer, Oscar Diggs (played by James Franco), makes his way to the Land of Oz and becomes the Great and Powerful Wizard. Just like Dor-othy Gale in the Wonderful Wizard of Oz, Oscar is whisked out of Kansas by a powerful tornado. There, he is met by a witch, Theodora (played by Mila Kunis), who believes him to be the wizard that was prophesized to avenge the death of the last king. After consulting with her sister, Evanora (played by Rachel Weisz), Theodora sends Oscar to the Dark forest to kill the WickedWitch. Along the way, Oscar befriends a flying monkey named Finley and an adorable little China Girl. Once they reach the Dark Forest, they discover that the Wicked Witch is really Glinda the Good Witch (played by Michelle Williams). Although Glinda knows that Oscar is not a true wizard, she believes that he can still lead the people of Oz to overthrow the truly evil witch, Evanora. With the help of the Munchkins, Tinkers and Quadlings, Oscar devises a plan to trick Evanora into believing that he is truly the wizard meant to rule the Land of Oz. Oscars plan involves many references to the Wonderful Wizard of Oz, including a field of poppies, scarecrows, and sleight of hand. In the end, Evanora and Theo-dora are banished, the Land of Oz is saved, and Oscar becomes king, with the lovely Glinda as his queen.

The entire movie is visually rich, even on a regular 2D screen. But view-ers can also choose to see it on IMAX 3D. The characters are all well-played, and the humor is appropriate and entertaining for most ages. Although some scenes may be frightening for

Oz the Great and Powerful

Movie review

By Lindsay C. Hanifan, Esq.

young children, the story is clearly geared towards younger viewers. Over-all, if you enjoyed watching The Wizard of Oz as a child, you will probably enjoy seeing this movie and learning how Oscar became the man behind the curtain.

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he Real Estate Com- mittee continues as one of the MBAs active and vibrant committees, thanks to the terrific sup-port from its member attorneys. Except for the summer months, the committee meets monthly for lunch with CLEs and other programs of interest to its members whose practices include real estate, municipal, and land use law. If you are on the Real Estate Committee Listserv and have not attended any of our meetings, or if you are not cur-rently a committee member, we invite you to join the committee at one of its lunch meetings for the information and collegiality. The Real Estate Committee received a number of reports relating to the rejection of documents offered for recording at the Office of the Recorder of Deeds. Specifically, reports about a significant number of document rejections resulting in the imposition of rejection fees and inconvenience to the attorneys and their clients. In response, the Real Estate Committee invited our Recorder of Deeds, Nancy Becker, to join the committee at a luncheon meeting in January. Nancy Becker welcomed and graciously accepted our invitation. At that meeting, there was an open and candid discussion about document rejection. It became clear that there was indeed an issue that warranted special attention and action by the Real Estate Committee. As Chairman, I appointed a task force chaired by Carl Weiner, joined by Adam Bram and Ellen Enters. The task force immediately went to work

and met with Nancy Becker and her two chief deputies. This joint meeting followed Nancy Beckers own meeting with her staff in the effort to address concerns raised by the Real Estate Committee. The issue addressed by the Real Estate Committees task force is a significant one, since document rejec-tions have been as high as 12% of the documents offered for recording. Following its meeting with Nancy Becker and her deputies, the Com-mittee Task Force reported back to the Real Estate Committee and was opti-mistic that they were well on their way to correcting a number of the practices that led to this high document rejec-tionrate. The discussion at the Real Estate Committee and the efforts of the com-mittee members who volunteered for the task force are yet another example of how a Bar Association committee can work effectively on behalf of both practicing attorneys and the public, in this case, those who have the occasion and need to record documents at the Office of the Recorder ofDeeds.

Real Estate Committee Task Force Meets with Recorder of DeedsBy Marc D. Jonas, Esq., MBA Real Estate Committee Chair

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In an effort to whet your appetite, here is a list of the upcoming luncheon meetings and programs of the Real Estate Committee, all at noon.

Thursday, April 18th CLE on the use of Settlement Agreements in land use.Friday, May 24th Judge Gary S. Silow; A View from the Bench of a Jurist and Professional Actor.

Thursday, June 20th Hot Planning Topics in Montgomery County presented by the Montgomery County Planning Commission.

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e awoke to the sound of steady hard rain, and glumly gath- our gear and sloshed up the Turnpike through the rain and mist. My son and I wondered aloud whether the trip was worth it, whether we might not ski at all, whether the snow would be nothing but slush to sap the strength and energy from our legs by the 3rd run. As we drove up the south face of the Blue Mountain, into the fog, we re-alized the rain had finally stopped. We still fully expected to be skiing onslush. For the rest of the day, on our

Annual MBA Ski Trip /February 11, 2013 Blue MountainBy John R. Howland, Esq.

dozens of rides up the lift, after our break-neck runs down every slope on the mountain, Patrick and I exclaimed how wrong we were. We had failed to take into account the positive karma infused onto the mountain by our personal hosts, Joe and Trish Lynch. It started with the brightness of the blooming forsythia lighting up our pri-vate room, that seemingly cast its spell over the fog-shrouded mountain, near-ly empty of skiers but holding onto the near-perfect snow conditions through-out the day. We sped down repeatedly, to be greeted by an empty lift for our quick deposit back at the top and our

next run down. We finally succumbed to our exhausted legs at around3:30. As always, the 20+ brave hearts from the MBA enjoyed the lunchtime camaraderie and the plentiful selections of Joe and Trishs gourmet candlelight wine and cheese spread supplied by the Bar Association. We were further rewarded by door prizes generously supplied by our own local Salters Ski Shop. Each year, those of us lucky enough to have been there make our drive back down the Turnpike happily looking forward to thenext.

Well see you there, February 2014.

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MBA / FEATURE

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2013 MBA President Paul C. Troy and MBA Past President Donald J. Martin.

Montgomery Bar Foundation Louis D. Stefan Law Enforcement Award Montgomery Bar Foundation Presi-dent Steven H. Lupin, (second from right) presents the Louis D. Stefan Law Enforcement Award posthumously to Plymouth Township Police Officer Bradley M. Fox. Accepting for Officer Fox are, from left: Lt. Jeff OBrien and Ofc. Gerald DeSantis of the Plymouth Township Police Department, his parents Kathy and Tom Fox, wife Lynsay Fox, and brother Jim Fox.

Committee of the Year Award Elder Law. Accepting on behalf of the 2012 Elder Law Committee, Robert C. Gerhard, III, Chair (left-center) and Vice-Chairs, Rosemary R. Ferrino, (left) and Michelle C. Berk (right). The Award was presented by 2012 MBA President Donald J. Martin, (right-center).

Presidents Award Mark S. Cappuc-cio, (left) receives the Presidents Award from 2012 MBA President Donald J. Martin. This award was given for his outstanding work and the successful real estate tax appeal representation of the Montgomery Bar Association in 2012.

Outgoing Board of Directors Caren E. Morrissey, Sarinia M. Feinman, Past President Donald J. Martin and E. Nego Pile. (Not in picture Craig B. Bluestein, Christen G. Pionzio).

Milton O. Moss Award The Honorable Paul W. Tressler accepts the Milton O. Moss Award for distinguished service to the judicial system from Bar Foundation President Steven H. Lupin.

n Friday, Jan. 11, the Montgomery Bar Association (MBA) held its Annual Business Luncheon Meeting at the Meadowlands Coun-try Club in Blue Bell. Nearly 300 local dignitaries, legal professionals and community leaders attended the event which included the election of the MBAs officers for 2013, an awards

Montgomery Bar Association Welcomes New Leaders

presentation to honor area attorneys, members of law enforcement and com-munity leaders, as well as the installa-tion of its 89th president, Paul C. Troy, Esq., with the ceremonial passing of the gavel. A named partner at the Norris-town law firm of Kane, Pugh, Knoell, Troy & Kramer, LLP, Mr. Troy is widely known for his legal acumen in

the areas of professional liability and medical malpractice defense. In June of 2012, he appeared on Philadelphia Magazines Top 100 Attorneys In Phila-delphia list. In addition to his excellent reputation in the courtroom, Mr. Troy is respected among his peers as a leader in continuing legal education and for his contributions to the profession at both the state and county level.

MBA / FEATURE

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have been fortunate enough, in connection with the settlement of a number of consumer class action cases, to have been able to recommend Legal Aid of Southeastern PA (and Montgomery Legal Aid before that) to be the recipient of left-over funds through the application of the cy pres rule. Nothing I could write could summarize the meaning of cy pres as well as the first paragraph from an opinion of the Court of Appeals for the 3rd Circuit just last month (In Re Baby Products Antitrust Litig., Feb 19, 2013): The term cy pres is derived from the Norman French expression cy pres comme possible, which means as near as possible. When class actions are resolved through settlement, it may be difficult to distribute the entire settlement fund, after paying attorneys fees and costs along with fund administration expenses, directly to its intended beneficiariesthe class members. Money may remain unclaimed if class members cannot be located, decline to file claims, have died, or the parties have overestimated the amount projected for distribution for some other reason. It may also be economically or administratively infeasible to distribute funds to class members if, for example, the cost of distributing individually to all class members exceeds the amount to be distributed. In these circumstances, courts have permitted the parties to distribute to a nonparty (or nonparties) the excess settlement funds for their next best usea charitable purpose reasonably approx-imating the interests pursued by the class. Since these funds arise from consumer class action lawsuits, the next best thing to redistribution is often to direct the funds to LASP, or simi-lar Legal Aid organization, for use in

consumer credit education, counseling and advocacy.How sorely these monies are needed! The past county budget was a roller coaster of Legal Aid funding, concluding in a large cut from an already lean budget. In settlement of a class action involving repossession practices of an area lender, about $55,000 was available from residual funds for LASP (with an equal amount paid to Villa-nova Law School for their consumer clinic program). In the 20 years of my career that I have been handling consumer class action, we have been fortunate enough to have nominated

recipients to receive nearly $2,000,000 in cy pres funds for an array of consum-er purposes, and nearly $150,000 to LASP. I hope to be fortunate enough to continue to be able to nominate LASP for future cy pres awards. LASP is a par-ticularly appropriate candidate if your case involves an area of the law and a

CLASS ACTION CY PRES:Another way of giving back

IAbout Cary L. Flitter, Esq.Cary L. Flitter is a 2013 Pennsyl-vania Legal Aid Network Excellence Award Recipient, a long-time member of the MBA and founding partner of the Montgomery County firm Flitter Lorenz, P.C. He is a leading consumer protection lawyer and has trained many legal services attorneys in consumer law issues; has paid for legal services attorneys to attend con-sumer law training conferences; and he has directed nearly $2,000,000 in cy pres funds to support consumer law practice at legal aid programs in Pennsylvania. Mr. Flitter has worked personally with MidPenn Legal Services to set up a position and train staff on consumer law issues. In 2010, he initiated, designed and provided training for legal services programs on claiming and collecting attorney fees, once the Legal Services Corporations ban on such fees was lifted.

Flitter presents LASP Co-Executive Directors Liz Fritsch and Harvey F. Strauss with a much-needed check in the amount of $55,743.32. The terms of the agreement approved by the Court stated cy pres funds from a recent con-sumer class action settlement involving automobile repossessions be used for con-sumer credit protection goals, including consumer education and counseling.

By Cary L. Flitter, Esq.

geographic area in which they service low-income consumers. I am very lucky lawyer indeed to be able do well while doing good. Harvey Strauss and Liz Fritsch of LASP will no doubt use every dollar wisely.

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s we enter the Spring of 2013, the stock market is roaring, the housing market is improving and homes are selling at higher prices, the job market is slowly getting better and overall people are feeling a little bit better about them-selves and their financial condition. Of course, nobody likes the higher gasoline prices and higher taxes, including the end of the social security tax reduction.