march 20 17 health care law diversity & inclusion see page 16 · 2 | cleveland metropolitan bar...

Cleveland Metropolitan Bar JournalMarCh 2017www.CleMetroBar.org | 1

BarJournalC L E V E L A N D M E T R O P O L I TA N

M A R C H 2 017

THIS ISSUE

Health Care LawDiversity & Inclusion

29 Law Firms Must Harness the Competitive Advantage of Diversity to Evolve

23 Will Ohio Adopt The ABA’s New Rule on Misconduct for Harassment or Discriminatory Conduct?

27 New Year, New Administration, New False Claims Act Enforcement Concerns

Rock12 Rocked!

SEE PagE 16

Cleveland Metropolitan Bar Journal MarCh 2017 www.CleMetroBar.org2 |

The Cleveland Metropolitan Bar Journal (ISSN 0160-1598) is published monthly, with the exception of July and August, by the Cleveland Metropolitan Bar Association, 1375 E. 9th St., Floor 2, Cleveland, Ohio 44114-1785. Periodical postage paid at Cleveland, OH. POSTMASTER: Send address changes to Cleveland Metropolitan Bar Journal, 1375 E. 9th St., Floor 2, Cleveland, Ohio 44114-1785.

Opinions expressed in this magazine are those of the authors and do not necessarily reflect the views of the editors or the officers and members of the Cleveland Metropolitan Bar Association. The editor reserves the right to reject all advertising submitted for publication.Phone (216) 696-3525, fax (216) 696-2413, CleMetroBar.orgFree to members. Subscriptions are $35 per year.

Jacqueline F. Baraona, Designer & EditorRita A. Klein, Marketing & PR DirectorRebecca Ruppert McMahon, Publisher

Cleveland Metropolitan bar assoCiation offiCersRichard D. Manoloff, PresidentDarrell A. Clay, President-ElectMarlon A. Primes, Vice PresidentJoseph N. Gross, TreasurerScott Heasley, Vice President of MembershipMajeed G. Makhlouf, Vice President of Diversity & InclusionRebecca Ruppert McMahon, Secretary & Executive Director

CMba board of trusteesKomlavi AtsouCaitlin A. BellBrent M. BuckleyAnn M. CaresaniMarcel C. DuhamelAshley M. Edwards Thomas L. FeherMichael P. HarveyAshley L. Jones

Harlan D. Karp Sandra M. KellyRaymond KrncevicBrian M. McDonough Daniel L. MesseloffJonathan D. MesterIrene A. RennilloHon. Brendan J. Sheehan Hon. Melody J. Stewart

Jessica Berg, Law School Dean Colleen M. Cotter, Legal Aid RepresentativeLee Fisher, Law School DeanAnne Owings Ford, Immediate Past PresidentBruce M. Hennes, Public RepresentativeDrew T. Parobek, CMBF President Alexander B. Reich, Young Lawyers RepresentativeJoseph D. Roman, Public RepresentativeMichael P. Scharf, Law School Dean

Cleveland Metropolitan bar foundation offiCersDrew T. Parobek, PresidentMitchell G. Blair, President-ElectRosemary Sweeney, TreasurerGinger F. Mlakar, Vice President of EndowmentPatrick J. Krebs, Vice President of Special Events Rebecca Ruppert McMahon, Secretary & Executive Director

CMbf board of trusteesRosanne AumillerMark E. AvsecMary Catherine BarrettBarton A. BixenstineKatherine D. BrantPamela A. Daiker-MiddaughKevin J. DonahueM. Colette GibbonsEric R. GoodmanShelly K. HillyerRonald V. JohnsonKerin Lyn KaminskiDiane J. Karpinski Catherine O’Malley KearneyJohn F. Kostelnik

Dennis R. LansdowneLynn A. LazzaroJohn W. LeboldJonathan LeikenBethanie R. MurrayLee Ann O’BrienDavid M. ParisMichael G. RileyDavid W. RowanMatthew A. SecristCarter E. StrangStephanie E. TrudeauLeslie E. WargoDeborah W. Yue

Darrell A. Clay, CMBA Presidential DesigneeRichard D. Manoloff, CMBA PresidentHugh E. McKay, Immediate Past PresidentKelly M. Zacharias, Young Lawyers Representative

advertising repsJohn Moore (216) 531-4044Chris Allen (216) 736-8601Jena Olsen (440) 476-2279

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March 2017

33 New MeMbers

QU

ICK

GU

IDE 05 THE sCOOp

10 sECTiON/COMMiTTEE spOTLigHT

32 CLE

38 NEW MEMBERs

43 CMBA CALENDARs

44 CLAssiFiEDs

47 BRiEFCAsE

Buckingham, Doolittle & Burroughs, LLC . . . . . . . . . . . . 31Calfee, Halter & Griswold LLP . . . . . . . . . . . . . . . . . . . . . . 28Case Western Reserve School of Law . . . . . . . . . . . . . . . . . . 6Ciuni and Panichi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Frantz Ward LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Hennes Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . 45Key Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Meaden & Moore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Music Box Supper Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Oswald Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Niki Z. Schwartz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Taft Stettinius & Hollister LLP. . . . . . . . . . . . . . . . . . . . . . . 40Thomas Repicky. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Tucker Ellis LLP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Ulmer & Berne LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

DEPARTMENTS04 fRoM THE CMBa

PRESIDEnT Moderation to the Extreme Richard D. Manoloff

11 fRoM THE ExECUTIvE DIRECToR Impact Happens ... Because You Make it Happen Rebecca Ruppert McMahon

12 BaR foUnDaTIon Rock the Foundation 12! An Evening to Remember Drew T. Parobek

16 WRaP-UP Rock the Foundation 12

23 ETHICS PERSPECTIvE Will Ohio Adopt the ABA’s New Rule on Misconduct for Harassment or Discriminatory Conduct? Brian F. Toohey

24 yoUR ClE METRo BaR Hot Talks, Spring Membership Promo, Website Updates, Upcoming Events

HEALTH CARE LAw20 fEDERal SToP gaP

HEalTHCaRE InSURanCE: a SIMPlE SolUTIon By Lance B. Johnson

Andrew M. Hanna

27 nEW yEaR, nEW aDMInISTRaTIon, nEW falSE ClaIMS aCT EnfoRCEMEnT ConCERnS By Michael VanBuren

Fritz Berckmueller

39 aT THE DaWn of IMMIgRaTIon REfoRM: CoMPlIanCE PITfallS To avoID In EMPloyIng foREIgn naTIonalS In HEalTH CaRE SETTIngS By Isabelle Bibet-Kalinyak

FEDERAL SToP GAP HEALTHCARE

INSuRANCE: A SIMPLE

SoLuTIoN

LIGHTING THE CAREER PATH THRouGH MENToRING AND CHAMPIoNING

07

20

16 WRAp-up

16 WRAp-up

DIvERSITy & INCLuSIoN07 lIgHTIng THE CaREER

PaTH THRoUgH MEnToRIng anD CHaMPIonIng By Adrian D. Thompson

29 laW fIRMS MUST HaRnESS THE CoMPETITIvE aDvanTagE of DIvERSITy To EvolvE By Richik Sarkar

cleveland Metropolitan Bar Journal March 2017 www.cleMetroBar.org4 |

from the president

Every so often, I can be romantic. Sometimes, I lay an egg.

Like on my 15th wedding anniversary. Beaming with pride that I remembered

our anniversary date, I made arrangements for dinner and a movie with my lovely wife, Molly. I thought a Will Ferrell comedy might be fun, so I took her to see “Talladega Nights: The Ballad of Ricky Bobby.” With “nights” and “ballad” in the title, I thought it might be a romantic comedy ... Oops.

I’d like to forget my mistake of a date. But I do remember a quote from the movie (and those who know me well, know that my world revolves around movie quotes), where Ricky Bobby says, “If you ain’t first, you’re last.”

We seem to live in a society that highlights and reinforces such dualities — first/last, right/wrong, wonderful/terrible, ugly/beautiful, liberal/conservative, in fashion/out of fashion. In a world rich with color, we are bombarded with black and white.

Perhaps it is a sign of our fast-moving times, where a 30-second soundbite is 15 seconds too long, and viewpoints are confined to 140 characters. It takes time to understand and appreciate subtleties and differences, and we’ve got “stuff ” to do.

Perhaps it’s simply what sells. In the vast marketplace of products — and ideas — extreme characterizations and stark contrasts stand out, catch our attention, and evoke reaction, thus impacting perspectives and behaviors.

Whatever the case, our cerebral cones (the optical term, not the SNL sketch) start to lose function from lack of use. We start to lose sight of the fact that there can be brillianc and beauty between the boundaries. And we start to lose sight of the fact that the Tribe, while not finishing first,

is still a darn good team. Sorry, Ricky Bobby — you’re wrong.

Back in the ancient days of the Forum, moderation was seen as a cardinal virtue. In the modern-day forum, moderation is often viewed as a vice — cast as uninspired, unenergetic, unprincipled.

But, I assert, moderation is itself a principle. In the world of ideas, moderation involves the thorough and thoughtful evaluation of all reasonable positions (however extreme, because there are reasonable extremes), testing their strengths and weaknesses in a specific context, and forging the best result.

It is hard. It requires diligence, receptivity, and equanimity. In situations where compromise is best (and it is not always best, or even possible), it takes patience and skill to weave multifarious ideas into a cohesive and strong intellectual fabric.

However hard it may be, moderation is needed — now more than ever. In an increasingly polarized society, moderation is a stabilizing force. It is the third leg of a teetering stool. It is the fulcrum of a teeter-totter, and the more expanded the fulcrum, the more force it takes to bounce wildly up and down.

This is not to say that the forces on the extremes are unimportant. To the contrary, they are critical. Competing positions are fundamental to our governmental systems. But only with moderating forces do those systems perform optimally.

So it is time to take moderation to the extreme. It is time to re-exalt and celebrate the lost virtue of moderation in a fractured and complex world. Leaders are to be applauded, for example, when they work to find a third way to justice in the context of a binary paradigm, like our own Judge Joan Synenberg, and work to find common

ground in public policy, like Senator Chris Coons (D-Del.).

We at the Bar Association can facilitate the virtue of moderation by being a moderator, by moderating, by bringing together those of different standpoints and leading productive conversations. Our latest effort on this front is a series of “Hot Talks,” spotlighting current topics of importance, and bringing varied perspectives into the conversation. The first such “Hot Talk” took place on February 14, and focused on immigration issues in the wake of the January 27 Executive Order. Subsequent talks (free to the public) are generally scheduled to take place on the second Tuesday of each month. There are other organizations that appear to be natural partners in this effort, and it is my hope that such partnerships will materialize.

And so, as Three Dog Night might (or might not) put it — “moderate, moderate, dance to the music.” It will suffice to make an allusion to song lyrics ... I will resist the urge to write another rap.

Rick Manoloff is President of the Cleveland Metropolitan Bar Association, and is a partner at Squire Patton Boggs (US) LLP, where he represents public sector entities, primarily in financial transactions. Prior to joining Squire, he worked as the Issues and Research Director for a U.S. Senate campaign. He took a sabbatical during his career at Squire to attempt to create the foundation for a new (fiscally conservative/socially liberal) Centrist Party. As Vice President of the Board of Education of the Rocky River City School District, he is an elected official. He can be reached at [email protected]. He has been a CMBA member since 1993. He can be reached at (216) 479-8331 or [email protected].

Richard D. Manoloff

Moderation to the Extreme

cleveland Metropolitan Bar JournalMarch 2017 | 5

nestor HernandezCompany: CMBATitle: Junior Accountant Start Date: 2016 College: Cleveland state university

WHaT WoUlD yoU BE If yoU WERE noT In yoUR CURREnT PRofESSIon?I would have probably been a math teacher, I get regularly asked to help people understand certain math concepts and I’ve been told I make it easy.

MoST MEMoRaBlE CMBa MoMEnT.Bowling. I ran after the ball, slipped, then fell.

WHaT Do yoU Do foR fUn?I play video games ... a lot. I also enjoy trying out things on the computer, reading about the latest gadgets and seeing the progress technology has been making.

If yoU CoUlD go To DInnER WITH a faMoUS PERSon, lIvIng oR DEaD, WHo WoUlD IT BE?A pharaoh, just to ask for everyone else how the pyramids were built.

WHaT WoUlD REally SURPRISE PEoPlE aBoUT yoU?I’m an introvert, being around too many people drains my energy, especially at parties, so I’d rather stay in.

larry W. ZukermanFirm: Zukerman, Daiker & Lear Co., L.p.A.Title: Managing partnerCMBA Join Date: 1985undergrad: Washington and Jefferson CollegeLaw School: Case Western Reserve university school of Law

WHaT Do yoU lovE aBoUT yoUR joB?I enjoy helping my clients by vindicating their rights through negotiations, mediations, and/or litigation with the least amount of stress and cost to them. Recently, we successfully defended a client against false sexual abuse allegations which resulted in a dismissal of the criminal case and a successful civil settlement against the Municipality and the Complainant and her mother.

MoST MEMoRaBlE CMBa MoMEnT?The lively and well-attended St. Patrick Day parties.

favoRITE ClEvElanD HoT SPoT?Red in Beachwood remains my favorite cool/hot spot because of the delicious food and amazing service by Michelle. The Tremont Taphouse comes in a close second by being my favorite cool/hot spot.

WHaT Do yoU Do foR fUn?I like to ski, workout, lift weights, attend sporting events and enjoy time with my wife, three children, son-in-law, and three dogs.

WHaT IS SoMETHIng PEoPlE WoUlD BE SURPRISED To lEaRn aBoUT yoU?People would be surprised to learn that I can do hand stand push-ups.

Christina niroFirm: Frantz Ward LLpTitle: AssociateCMBA Join Date: 2012undergrad: Denison universityLaw School: Case Western Reserve university school of Law

EaST SIDE oR WEST SIDE?I grew up on the “South Side,” which is probably why

I don’t understand or appreciate the East vs. west rivalry. I love all three! I cherish my memories of time spent in the Brecksville Reservation Creek and biking on the Towpath. My husband, daughter and I now live in Rocky River with our crazy dog and can’t imagine living anywhere else. And we are constantly visiting university Circle, Little Italy, and Shaker Square/Larchmere. we count ourselves lucky to have such a vibrant, culturally diverse community in Northeast ohio.

favoRITE ClEvElanD HoT SPoT?My family is a bunch of foodies, so most of my favorite “hot spots” involve food. For weekend casual: Barrio in Lakewood. For cocktails: The Standard on East 185th. For brunch: Tremont Taphouse in Tremont.

WHo HaS InflUEnCED yoU THE MoST In lIfE?My mom. Anyone who knows her understands how selfless she has been as a daughter, a mom, a wife, a teacher, and a friend. She’s taught me to get up early, work hard before play, be generous, and to never let anyone make me think or feel like I’m not good enough to achieve my goals.

WHaT’S on yoUR BUCkET lIST?See Formula 1 races in Monza and Monaco, visit the Grand Canyon and Glacier National Park, and raise a compassionate, confident, and intellectually curious daughter, to name a few.

WHaT WoUlD REally SURPRISE PEoPlE aBoUT yoU? I have absolutely no idea how to play American cards. I am first-generation Italian, so I grew up playing Italian cards. It is a completely different deck of cards with different suits and numerical significance. My favorite game is Scopa, which is the first card game my cousin taught me when I was very young. In Italian, Scopa means “to sweep” or to scoop up all of the cards on the table.


The Lawyer Referral Service bridges the gap between the community and LRS attorneys.Join our distinguished panel of trusted attorneys who receive 800 referrals

each month. Develop and enhance your business by joining today!

Special pricing for new lRS attorneys.**Experience & professional Liability insurance requirements apply

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U p c o m i n g 2 0 1 7 l e c t u r e s & c o n f e r e n c e s

5/17

4/07

4/19

3/31

4/13

State of Our Nations: Canada-United States Perspectives on Law, Policy and Politics in Tumultuous Times41st Annual Canada-United States Law Institute Conference8:00 a.m. - 6:00 p.m., approved for 6 hours of CLE-credit

Legal Challenges in Precision Medicine Co-sponsored by the The American Health Lawyers Association (AHLA) and the Law-Medicine Center at CWRU School of Law8:00 a.m. - 5:00 p.m., 5.5 hours of CLE/CME-credit, pending approval

Center for Cyberspace Law & Policy Distinguished LectureTim Wu, author, policy advocate, and professor at Columbia Law School4:30 - 5:30 p.m., 1 hour of CLE credit pending approval

Cross-Cultural Communications: The Key to Negotiating Successful Agreements (CWRU Law Downtown at the City Club)

Kathryn S. Mercer, Professor of Lawyering Skills, CWRU School of Law 8:30-9:30 a.m., 1 hour of CLE credit, pending approval

Litigating World War II (CWRU Law Downtown at the City Club)

Timothy Webster, Professor of Law, CWRU School of Law8:30-9:30 a.m., 1 hour of CLE credit, pending approval

BarJournalJ U LY / A U G U S T 2 015

FEATuRE ARTICLEDIvERSITy & InClUSIon

By ADRIAN D. THoMPSoN

Buddhist proverb states, “If you light a lamp for someone, it will

also brighten your own path.” Mentoring programs help

young lawyers develop and learn new skills under the direction and advice of a seasoned expert, their mentor.

Mentoring is a career development and talent retention tool. The very act of mentoring brightens the career paths of both the person being nurtured through counsel, “the mentee,” and the person providing the counseling, “the mentor.” The law firm/employer itself, also benefits due to the enhanced communication between the mentor and mentee which ultimately supports the organization’s direction toward sustainable growth gained from enlightened participants. Quality mentoring greatly enhances the mentee’s chances for success and the company’s ability to meet/exceed its goals and objectives. Therefore, the importance and significance of a formal mentoring program cannot be diminished.

Mentor dutiesMentor duties are to advise, motivate, coach, champion, inspire, teach and lead by example. Mentors are more senior professionals in their careers and are battle tested. Mentoring occurs when an experienced lawyer takes a personal interest in one with less experience and helps the junior lawyer learn and advance. Mentors provide mentees with a brain to pick, an ear to listen, and a friendly push in the right direction. As active listeners, mentors offer support, guidance and constructive criticism as appropriate. Mentoring also provides the mentee with a leader to turn to with questions. Mentoring programs help to foster healthy work relationships by providing a perspective based on career wisdom in a genuine effort to help develop the mentee’s career.

The Mentoring relationshipThe relationship is reciprocal because both the mentor and the mentee should get something from the relationship, such as professional development and personal growth. Mentors should also grow through their mentoring position by honing leadership skills and remaining in touch with the next generation of practice leaders. Mentors often serve as positive role models both personally and professionally for their mentees. With a mindset based upon mutual trust, together this team achieves an enhanced awareness of what it means to practice law. Through their interactions, they observe the business impact that the law has on their client matters. Additionally, they observe how the legal industry’s contributions are helping our communities grow.

The processMentees interact with mentors of diverse backgrounds, levels of experience, talents and interests. While working together with their mentor on a roadmap for long-term success, mentees naturally develop close working relationships with their mentors and other senior lawyers. Mentors can serve as excellent sponsors and allies to mentees by following a collaborative process to gain knowledge of the mentee’s career objectives. Mentees have the opportunity

to interact with proven leaders who have contributed significantly to the success of the organization and to the community at large. The mentor and mentee should engage in formal, substantive conversations that involve professional and personal goals and aspirations.

Together, they will set mutually agreed-upon goals and expectations... a roadmap to success. At Taft, we ask our mentors to focus on some of the following skillsets to help the associates on their roadmap for success.1. Taking initiative2. Networking3. Self-management4. Ability to see the entire perspective5. Collegiality6. Being a team player

lighting the Career Path Through Mentoring and Championing


7. Leadership8. Organizational savvy9. Ability to persuade10. Valuing all members of the organization

The overarching objective for the process is to develop essential skills and knowledge and become involved and committed to professional and civic activities that excite the mentee and will help to spur long-term business and civic relationships.

unconscious bias and stereotypingMentoring programs also help to combat unconscious bias in the workplace. Unconscious bias is a normal part of how people make decisions, by helping people process information based on past experiences and cultural norms about age, gender, race, religion, sexual orientation, sexual identity and other factors. The mentor-mentee relationship, if structured properly, can help examine the current climate by getting mentor program participants to openly discuss and examine their own background and identities, so that they can interact more authentically with colleagues, clients and members of the community.

Mentoring saves MoneyOrganizations implement mentoring programs

to align the goals of the organization with the professional development path of its employees. Mentoring generally helps boost employee morale and engagement. An inclusive atmosphere leads to improved employee morale and loyalty, thereby reducing turnover and boosting productivity.

Research indicates that retention and mentoring go hand-in-hand. Organizations should weigh the costs of implementing a mentoring program against the high cost of employee turnover to be won over by the benefits of mentoring. Turnover is expensive and its associated costs are largely hidden. Costs mount from lowered productivity due to loss of an employee, overworked remaining staff, lost knowledge, training costs, interviewing costs and recruiter fees. Turnover cost estimates run as high as 150 percent of annual salary, per Inc. Magazine.

Meeting organizational goalsMentoring programs will be judged successful if they:• Enhance the ability to maintain an

environment where the unique skillset of each individual is utilized.

• Provide team members with the opportunity to be successful.

• Increase a firm’s/company’s ability to retain high performing diverse employees/attorneys.

• Create and maintain an environment where client needs and expectations are met and/or exceeded.

• Create an environment where business and social objectives are met and/or exceeded.While in law school, the mentee’s goal was

to obtain knowledge. In the workforce, the mentee’s goal is to contribute that knowledge to the organization and the greater community. The mentee’s career goals are evolutionary. Good mentors assist mentees with their professional evolution with personal support to facilitate success in their career and beyond.

Adrian D. Thompson is a partner and Chief Diversity Officer at Taft Stettinius & Hollister LLP and is a member of the Executive Committee. He provides counsel for

private sector clients on issues including equal employment opportunity litigation, wage-hour problems, employment of the disabled, federal housing, and other labor matters. He has been a CMBA member since 1991. He can be reached at (216) 241-2838 or [email protected].

For more information please contact: Victoria L. Vance | Health Care Practice Group Chair | [email protected] | 216.696.3360950 Main Avenue, Suite 1100, Cleveland, Ohio 44113 | 175 South Third Street, Suite 520, Columbus, Ohio 43215 tuckerellis.com

Representing Health Care Providers from Board Room to Court Room

Tucker Ellis Health Care Practice

Innovation Protection | Cybersecurity | Regulatory Compliance | Licensure and Professional Liability Defense Governance | Physician Employment Agreements | Health Care Financings | Health Care Transactions

Civil and Criminal Investigations | Fraud and Abuse | Real Estate Developments and Renovations


Cleveland Public AuditoriumDoors open at 11:00 a.m. Lunch at 12:00 p.m. (sharp)

Join us at our Mardi Gras style celebration for the installation of 2017–2018 CMBA President Darrell a. Clay of Walter | Haverfield LLP and incoming Bar Association and

Bar Foundation officers and trustees. As we celebrate a decade of CBA/CCBA unification, we will also honor members who have achieved legend status, including this year’s award

recipients and the 2017 class of 50- and 65-year practitioners.

10th

AnnualMeeting

friday, june 2, 2017

Laissez les bons temps rouler!Let the good times roll!

SAve The DATe


Section & Committee

SpotlightChairGeorge Carr Janik [email protected]

Staff LiaisonJessica [email protected]

Regular MeetingSecond wednesday of every month at the CMBA Conference Center

what is your goal?vLA members are dedicated to improving access to legal services and resources for the strong and vibrant arts community of the greater Cleveland area. They do this by offering artists and arts organizations pro bono legal help and advice, as well as free public education on important legal issues at local arts venues.

what can members expect?Members get the satisfaction of knowing they are helping Cleveland become a nationally-renowned hotspot for the arts, matching their passion with their profession.

upcoming EventsThe vLA is establishing a series of free public presentations at local ar t schools and institutes to share important legal information with students as they prepare for their ar tistic careers.

Recent event to highlight?The vLA and the Bankruptcy & Commercial Law Section of the CMBA in January hosted a free public program on debtor/creditor issues for artists and volunteer attorneys at the Cleveland Public Theater in January

Learn more about the vLA at CleMetroBar.org/vLA and at Facebook.com/CleMetroBarvLA!

Section and Committee membership is a great way to get plugged in at your local Bar! For information on how to join a section or committee, contact samantha pringle, Director of CLE and sections, at: (216) 696-3525 x 2008 or [email protected].

Chairvictoria L. vance Tucker Ellis [email protected]

Vice ChairLaura McBride, Metro Health System

What is your goal? To provide educational and networking

events for health law attorneys in northeast ohio.

What Can Members Expect? Quarterly CLE and twice yearly networking events

Event Health Care Law update and Medical Legal Summit held on March 24–25, 2017

volUnTEER laWyERS foR THE aRTS CoMMITTEE (vla)

ChairMajeed MakhloufCMBA vice President of Diversity & InclusionBerns, Ockner & Greenberger, [email protected]

Staff LiaisonMary [email protected]

Regular Meetingusually first wednesday of each month at 4 p.m.

what is your goal?To promote diversity and inclusion in the legal profession, justice system and wider community.

what can members expect?Committee members are engaged together in a variety of programs and projects including conducting studies, surveys, best practice program research, goal setting and evaluation;

facilitating diversity pipeline programs connecting students from high school through law school into the profession; convening conferences and forums; developing minority Career Fairs; and bestowing recognition and awards for outstanding effort and programs. Members enjoy meeting, networking and providing volunteer service along with other professionals who share their commitment to diversity and inclusion.

Recent event to highlight?The Committee conducted comprehensive surveys of all segments of the legal community in 2016, which generated the Commitment to Collective Action and the Cleveland Legal Inclusion 2020 Plan. The Committee interviewed 32 applicants for the Minority Clerkship Program on February 24. It is also promoting applications to both the Louis Stokes Scholars Program and the Stephanie Tubbs Jones Summer Legal Academy, pipeline programs for area college and high schools students.

DIvERSITy & InClUSIon CoMMITTEE

HEalTH CaRE laW SECTIon


As you can see in Foundation President Drew Parobek’s article this month, we are still basking in the afterglow of another incredible Rock the Foundation. Not only

was it the most fun party of the year — really! — and the only place in town where asking for a “Drewl” resulted in an ice cold beverage being served, we raised an incredible amount of money to support the great works of our Bar.

Many of our members are surprised to find out there are actually two different legal entities at work here: • the bar association which runs the day-

to-day activities of our Bar from our annual Institutes and other CLE programs, to our nearly 50 Sections and Committees, pro bono legal programs and community-focused initiatives like the Criminal Justice Symposia under way and the developing Wellness Initiatives and Community Trust collaboration with area stakeholders; and

• the bar foundation which, as the charitable fundraising arm of the CMBA, is responsible for raising critical dollars in support of the pro bono and community programs operated by the Bar Association. Collectively, the Bar Association and the Bar

Foundation are making a significant impact in our region.

Each year, volunteer attorneys, paralegals and other friends of the Bar donate their time, talent and money in support of pro bono and community programs that reach across three areas of focus: 1. Youth and Workforce Development;2. Access to Justice; and 3. the Nonprofit and Arts Community.

To fulfill its mission to provide financial support in these areas, the Bar Foundation hosts three special events each year — rock the

foundation, the public servants’ luncheon and the Halloween run for Justice. In addition, the Foundation sponsors a fellows program which, through the generous financial support of distinguished members of the legal community, continues to grow an endowment that will ensure the long-term viability of our Bar’s civic efforts.

In the Bar Foundation’s newly released 2015 – 2016 impact report “opening doors, Changing lives,” we offer specifics about just how impactful our members’ volunteer service and financial support have been. Among other highlights, inside the Impact Report we share that between July 1, 2015 and June 30, 2016: • 1,170 volunteers donated more than

25,600 hours to serve 4,731 people, for an estimated value of more than $3,846,450;

• In carrying out our programs, we collaborated with more than 45 community partners including the Cleveland Metropolitan and East Cleveland School Districts, the Ohio Center for Law Related Education, the Lawyers Guild of the Catholic Diocese, Case Western Reserve University College of Law, Cleveland-Marshall College of Law and each division of the Cuyahoga County Court of Common Pleas — to name just a few!

• pro se divorce Clinics sponsored by the Family Law Section of the CMBA and The Legal Aid Society assisted nearly 200 indigent individuals working through the divorce process, at a time when more than 51% of all new divorce filings in Cuyahoga County are filed pro se;

• More than 30 area nonprofit organizations participated in reach out — legal assistance for nonprofits clinics offered in collaboration with the CMBA, the Northeast Ohio Association for Corporate Counsel and the Federal Bar Association;

• As part of the ohio and Cleveland Mock trial Competitions, more than 850 students representing 32 Greater Cleveland high schools

competed under the guidance of more than 190 Cleveland-area volunteer attorneys and judges;

• Of the 58 college students who have participated in our louis stokes scholars program since 2011, 50 have graduated or are on track to graduate from college in five years, with six Stokes Scholar Alumni currently enrolled in law school (another 19 Stokes Scholars are planning on applying to law school during 2017 or 2018); and

• Because of the tremendous success of the Foundations’ three annual events which attracted more than 100 individual and organizational sponsors, the foundation provided a record amount of financial support for the CMBA’s “Lawyers Giving Back” programs — $171,999.(Hard copies of the 2015 –2016 Impact

Report are available any time for pick-up at the CMBA or by mail upon request, or electronically at CleMetroBar.org/Impact.)

With a little less than four months left in this membership cycle, our Foundation is on track to complete yet another outstanding year. Thanks to Drew’s leadership — and that of the entire Board of Trustees — the Foundation has delivered incredible fund- and friend-raising events this year. We have also attracted more than 50 new Fellows in support of our Endowment, all of whom will be invited to join our existing Fellows for an invitation-only celebration on Tuesday, May 23 at the rooftop lounge at The 9. (There’s still time to pledge your support and join us!) Plus, the buzz among our volunteers in support of community and pro bono programs has never been stronger.

In short, the state of our Foundation is strong — thanks to many of you! If you have not yet answered the call to volunteer or otherwise lend your support, come meet us at the Bar soon to find out how you can join the legions of Lawyers Giving Back. Every supporter counts!

Rebecca Ruppert McMahon is the Executive Di-rector of the CMBA and the CMBF. She has been a CMBA member since 1995. She can be reached at (216) 696-3525 or [email protected].

Impact Happens ... Because you Make it Happen

Rebecca Ruppert McMahon

from the executive director


The Cleveland Metropolitan Bar Foundation held its twelfth annual Rock the Foundation celebration on February 11, 2017 at the Music Box Supper Club.

It was an extraordinary evening for the Foundation, for everyone in attendance, and for me personally. We had a large enthusiastic crowd, delicious food, plentiful libations, phenomenal music and non-stop dancing — all in a perfect venue on a beautiful winter evening in Cleveland. The event was made even more special with the presentation of the Foundation’s most prestigious award, the Richard W. Pogue Award for Excellence in Community Leadership and Engagement, to Beth Mooney, the Chairman and CEO of KeyCorp. We were honored to have Dick Pogue, with a timeless twinkle in his eye, participate in the ceremony. And Beth Mooney was nothing short of amazing. Beth was engaging, gracious and funny. She added immeasurably to the meaning — and fun — of the event. In a word, she was lovely.

I had the honor of making a few remarks during the VIP reception. I hope that in some small way my words captured the spirit of the evening. I would like to share them with you now.

rock 12 remarks Good evening and welcome to the 12th Annual Rock the Foundation celebration.

I am Drew Parobek, this year’s President of the Cleveland Metropolitan Bar Foundation, and it is my incredible honor to welcome you to our biggest event.

The Bar Foundation’s motto is “Lawyers Giving Back.”

The theme for tonight’s party is “Lawyers Having Fun.”

I think it is pretty obvious how we’re all going to have fun tonight; that has already started.

But I’d like to take a few minutes to tell you about the Foundation and how all of us, as lawyers, give back.

The Bar Foundation is the charitable fundraising arm of the Bar Association. • We’re a great partnership

• Through events like these, we raise critical dollars for the Bar Association’s nationally — recognized programs

• Every year, thousands of attorneys support these programs through volunteer service

• We’re Lawyers Giving Back and• Lawyers changing lives in 3 critical areas:

We’re giving back to our youth through education and workforce development – With programs like The 3Rs and mock

trials in high schools to – Diversity pipeline programs like the

Louis Stokes Scholars for college and law school students

We’re giving back by providing access to justice for the less fortunate members of our community – Through free legal clinics offered inside

homeless shelters and crisis centers, and other community outreach programs

And we’re giving back by providing legal services and support to our nonprofit and arts communities

Throughout Cleveland, our programs are opening doors to better lives.

And all of you have opened your hearts — and wallets — to make these programs possible.

Because of your generosity, we will raise nearly $200,000 tonight to support the Bar Association’s important and impactful programs.• What an incredible accomplishment!• And so, I offer the first toast of the evening

to you, our sponsors!• Don’t worry there are more toasts to come.

As you can see, there are 5 very special people standing here with me who share the vision of the Bar Foundation and Association and who support us in innumerable ways.

becky McMahonThe Executive Director of the Bar Association and Bar Foundation, Becky McMahon.• Becky is a real dynamo• She’s on call 24/7 providing leadership and

service to the Bar (not to be confused with being at the bar 24/7)Because of Becky and her team, we have one

bar foundation

Drew T. Parobek

Rock the foundation 12!An Evening to Remember


of the best, if not the best, Bar Association and Bar Foundation, in the country.

Becky and the team also throw one fantastic party. Special thanks to Becky and • Mary Groth• Krista Munger• The entire team

Thanks to our Rock Committee and Chairs:• Pat Krebs• Stephanie Trudeau• Eric Goodman

Thanks to the Music Box

rick ManoloffPresident of the Cleveland Metropolitan Bar Association. Rick is a visionary, an innovator, and an incredible leader. He is the poster child for “Lawyers Giving Back.” I am convinced he never sleeps, and he’s obviously a fashion-trendsetter. Rick has been a great colleague and partner for me and the Foundation this year. We truly have the privilege of leading two of the best organizations in town!

tom andersonTom heads up Huntington National Bank’s private client group for Greater Cleveland and Northwest Ohio. Tom is a good friend, a trusted advisor to the Foundation, and a generous supporter of Rock the Foundation. This is the 7th consecutive year that Huntington and its predecessor, FirstMerit, have been the signature sponsor of this event. Simply phenomenal. Thank you Huntington! Thank you Tom!

dick pogueIn addition to kicking off this great night, we wanted you, our VIP’s, to help us recognize this year’s recipient of the Richard W. Pogue Award for Excellence in Community Leadership and Engagement. This is the Foundation’s most prestigious award — and the title says it all: Leadership and engagement to make our community a better place — a great place! We gave out this award two years ago to its namesake, Dick Pogue, who joins us here tonight. Thank you, Dick for serving as our inspiration and for helping to make this event so special.

beth MooneyLast year, we presented the Pogue Award to Chris Connor, the past chairman and CEO of the Sherwin Williams Company. Another legendary leader of our community. And now, this year, we find ourselves in the presence of another Cleveland icon, as we prepare to present the award to Beth Mooney, the chairman and CEO of KeyCorp. In preparing my remarks, I took the time to reflect on what

the Pogue Award means to me as Foundation President, and how Beth is so richly — deserving of this honor. First, the Pogue Award belongs to someone who has distinguished herself in her chosen profession. • Beth is not only recognized as a banking

leader in Cleveland, she is acknowledged as a banking leader nationally and internationally.

• She is a member of the Financial Services Roundtable and Federal Advisory Counsel.

• Beth was the first woman CEO of a top 20 American bank, a history-making distinction.

• Forbes Magazine has named her one of “The World’s 100 Most Powerful Women.”

• Fortune Magazine declared her one of the Top 50 “Most Powerful Women in Business.”

• For three consecutive years, American Banker has recognized Beth as the “Most Powerful Woman in Banking.”

• Beth was ranked #3 in Cleveland Magazine’s “Power 100” behind some guy named Lebron. All I have to say is “Watch out Lebron, she’s gaining on you!”

• Of course, all of these pale in comparison to the presentation of the Grand Order of the Double Cross by Cleveland’s Court of Nisi Prius in 2011. Second, the Pogue Award means leadership,

engagement and commitment to the community and its civic, social and charitable causes.

In this category, Beth’s commitment is unwavering.

The list of Beth’s community roles is too long to read tonight, but listen to a few highlights: • Co-chair (along with Chris Connor) of

the 2016 Host Committee that brought the RNC to Cleveland.

• Immediate Past Chair of the Greater Cleveland Partnership where she continues to serve as a board member.

• Board member of the Cleveland Orchestra’s Musical Arts Association.

• And Board member of the Cleveland Clinic Foundation.Community service is not only a way of

life for Beth, it is an important part of the community service mission of the institution she leads: Key Bank. In 2016, as a direct result of Beth’s leadership, Key was recognized as one of the most community — minded companies in the nation. And, for the third year running, Key was named one of the “Civic 50” by Points of Light, the world’s largest organization dedicated to volunteer service.

Finally, the Pogue Award should be given to someone who makes Greater Cleveland a better place to work and live for all of its citizens.

Hon. william K. Thomas

PRofESSIonalISM

AwARDnoMInaTIonS nEEDED!The CMBA requests nominations for the Hon. William K. Thomas Professionalism Award to honor a lawyer or judge who has significantly contributed to the enhancement of professionalism in the greater Cleveland legal community by exemplifying the goals of the Ohio supreme Court’s A Lawyer’s Creed and A Lawyer’s Aspirational ideals and by furthering the ideals expressed in the Mission of the CMBA. The award will be presented at the CMBA’s Annual Meeting in June.

SUBMIT noMInaTIonS By fRIDay, aPRIl 14, 2017 To:Ethics and Professionalism CommitteeAttn: Kimberly M. Baga, Chair1375 East 9th Street, Floor 2Cleveland, ohio 44114or e-mail to Heather Zirke at [email protected]


When Becky and I met with Beth to discuss the Pogue Award and the Rock event, I was deeply impressed for a number of diverse reasons. • Beth was sincerely honored to be the

recipient of an award named after Dick Pogue.

• Like many of us, she wondered “what the heck is ‘Rocktail Attire’?”

• She was intrigued by the possibility of having a drink named after her — perhaps “Over the Moon Chardonnay.”

• She was very happy to hear that the awards

ceremony was short and the dance hours were long.

• And she expressed a keen interest in our programs — all of them, but especially those programs focused on our youth. The conversation — or perhaps Beth’s

challenge to all of us — went sometimes like this: “Let’s

• train them• educate them• mentor them• get their parents involved • provide them with opportunities• get them to graduate

– from high school – from college – from law school

- then bring them home to Cleveland- bring them home to join our workforce,

raise their families, and get involved in our community!”

This is the mission of the Bar Association and Bar Foundation.

This is the essence of the Pogue Award. And this is the life-work of our honoree,

Beth Mooney. Beth, you are second to none in your commitment to making Cleveland — Believeland — a better place for all of us.

On behalf of the Cleveland Metropolitan

Bar Foundation, it is my honor to present the 2017 Richard W. Pogue Award for Excellence in Community Leadership and Engagement to Beth Mooney.

Thank you, Beth, for all you do. And special thanks to Key Bank for its

leadership support of Rock the Foundation as a platinum level sponsor.

Now, as I wrap up my remarks this evening — and again, I promise, there will be no further speeches tonight! — I have just a couple of final logistics items to share:

Our VIP reception will continue with the incredible sounds of Transportation Boulevard until about 7:30.

At that point you are all welcome to stay here on the first floor for dinner, which will be a buffet in the back room or you can head upstairs for dinner where the band Nitebridge will be rocking the main stage from 8:00 till the doors close.

Nate Jones, one of Cleveland’s best musicians, will be singing and playing his guitar all night long.

For those feeling lucky tonight, raffle tickets will be on sale after the VIP Reception on both levels, with the drawing happening on the Main Stage upstairs at 9:30.

That’s it from me! Enjoy the rest of the evening and Rock On!

Let’s get this party started!

ConclusionRock the Foundation 12 was a real celebration of Cleveland and a great example of why we are so very fortunate to work and live here. We have an extremely strong Bar Association led by an innovative president and a tireless, dedicated executive director and team. We have an active and thriving Bar Foundation. We have incredibly generous law firms, businesses, public servants and individuals. We have caring, civic-minded leaders. And we have a whole bunch of hard-working, giving people who are very proud to be a part of it all. Everyone described above forms the fabric of our great community, and all were represented at Rock 12. As Foundation President and personally, I will be forever grateful for their support and generosity as we surpassed our fundraising goals. Rock 12 will certainly be an evening I will never forget!

Drew T. Parobek is a partner at Vorys, Sater, Seymour and Pease LLP. He is president of the Cleveland Metropolitan Bar Foundation and has been a CMBA member since 1993. Drew can be reached at (216) 479-6162 or [email protected].

Niki Z. Schwartz216-696-7100

[email protected]

To My Fellow Attorneys:Over the course of the last 25 years I have

mediated one or more cases for many of you.Although I will be retiring from the representation

of clients on March 31, 2017, I am going tocontinue to conduct mediations and arbitrations.

Because I will no longer have the overhead of a downtown offi ce, I will be able to do so at greatly reduced rates.

I look forward to working with you and giving myundivided attention to your mediations and arbitrations.

PRIVATE MEDIATOR

THOMAS REPICKY, ESQ.

www.ClevelandMediator.com

Tel: 440-247-3898

"Tort, Employment, Commercial and Malpractice Claims"

Over 1300 Mediations “Effective & Experienced”

Mediated Claims $10,000 to $12 Million


A reason to celebrate.

We congratulate CEO and Chairman Beth E. Mooney on receiving the Richard W. Pogue Award for Excellence in Community Leadership and Engagement.

This honor recognizes your dedication to making Cleveland a better place to live, work, and thrive, as well as your inspiring focus, determination, and imagination.

You truly are a leader to admire.

©2017 KeyCorp. KeyBank is Member FDIC. 170209-192139

BarJournal wRAP-uP • FEBRuARy 11, 2017


BarJournalFEBRuARy 11, 2017 • wRAP-uP

cleveland Metropolitan Bar JournalMarch 2017www.cleMetroBar.org | 17

BarJournal wRAP-uP • FEBRuARy 11, 2017

Nearly $180,000 in sponsorship

contributed by 57 firms and organizations,

including 12 first-time Rock sponsors

Nearly $13,000 in individual ticket sales

More than $2,000 in raffle tickets sold

500+ attendees

30+ bottles to fill a barrel

5½ hours of incredible jazz and rock music

2 great Cavs Raffle Prizes won

2 Rocktails (Long Live the Drewl!)

1 incredibly grateful Association staff!


BarJournalFEBRuARy 11, 2017 • wRAP-uP

golD SPonSoRSBakerHostetler LLpThompson Hine LLpulmer & Berne LLp

SIlvER SPonSoRSCalfee, Halter & griswold LLpJones DayParker Hannifin CorporationReminger Co., LpAThe sherwin-Williams Companysquire patton Boggs (us) LLp Tucker Ellis LLpVorys, sater, seymour and pease LLp

BRonZE SPonSoRSAncoraBenesch, Friedlander, Coplan & Aronoff LLpCavitch, Familo & Durkin Co., LpAChikol Equities, inc.Ciuni & panichi, inc.Cliffs Natural Resources, inc.Climaco, Wilcox, peca, Tarantino & garofoli Co., LpADiebold Nixdorf

First Federal LakewoodFirst National Bank grant Thornton LLp Hahn Loeser & parks LLpJackson Lewis p.C.McCarthy, Lebit, Crystal & Liffman Co., LpAMcDonald Hopkins LLCNurenberg, paris, Heller & McCarthy Co., LpAparker + Lynch Legalporter, Wright, Morris & Arthur LLppricewaterhouseCoopers LLpsiegel Jennings Co., LpAspecial CounselTaft stettinius & Hollister LLpVeritext Legal solutionsWalter | Haverfield LLP

ConTRIBUTIng SPonSoRSAitheras Aviation group Applied Business strategy LLCBuckley King LpACase Western Reserve university school of LawThe Cleveland Foundation

Cleveland-Marshall College of LawFifth Third BankFrantz Ward LLpgiffen & Kaminski LLCgreater Cleveland partnershipinglewood Associates LLCLazzaro Luka Law Offices, LLCThe Legal Aid society of ClevelandMcgregorMedical Mutual of OhioMeyers, Roman, Friedberg & Lewis, LpAMishkind Kulwicki Law Co., LpAOgletree, Deakins, Nash, smoak & stewart, p.C.Oswald Companiesspangenberg, shibley & Liber LLpWNB specialty Finance

In-kInD SPonSoRSAvalon Document servicesCady Reporting services, inc.The Cleveland CavaliersMitchell’s ice Creamultimate Air shuttle

Congratulations, Beth Mooney!

Recipient of the 2017 Richard W. pogue Award for Excellence in Community

Leadership and Engagement

Thank you, Sponsors!SIgnaTURE SPonSoR PlaTInUM SPonSoR




FEATuRE ARTICLE HEalTH CaRE laW

The ongoing consolidation of the healthcare insurance industry demonstrates the failure of Obamacare and the failure of

real competition under a federal government managed system. To one who was practicing when the legislation to back stop failed pension plans (ERISA) was being debated, federal stop gap health insurance appears an obvious solution.

The formation of the Pension Benefit Guaranty Corporation (PBGC) allowed small and company specific pension plans to survive. The PBGC, created under ERISA, monitors and protects both private single-employer and multiemployer, union sponsored pension plans. Once the PBGC protection is activated, either voluntarily by the fund or involuntarily by distress, the PBGC will either take over the fund completely or (in the case of the multiemployer plan) provide a loan large enough to ensure the retirees continue receiving their benefits. Primarily, PBGC has four sources of funding: (i) insurance industry premiums paid by sponsor (employer) members; (ii) assets held by terminated pension plans; (iii) recoveries of unfunded pension liabilities from member bankruptcy estates; and (iv) fund investment income. While the program was conceived to be financially self-supporting, taxpayers have been required from time to time to provide funding. However, the social contract of backstopping workers has held.

The premise here is that small multiemployer plans and company specific healthcare plans are desirable and that competition is a good thing.

Having represented small multiemployer plans for a couple of decades, I have experienced that the primary problem is surviving the catastrophic claims. It is easy to understand that not allowing annual or lifetime limits is socially preferable. This was, however, the death knell for many small multiemployer and company specific plans under Obamacare.

Denial of coverage due to prior conditions was only a political issue. There should be competition based on health conditions. After all, life insurance for cancer patients has been a successful business. History has always shown that some investor will take a risk for a price. It may not be politically correct but why should a non-smoker pay higher premiums by being forced into a group with smokers.

Commercial stop gap insurance is available based upon the prior conditions of the covered group. The carriers, however, are not subject to Obamacare and can charge any rate to cover their risk. Thus, every small health insurer is caught between the new very expensive changes required by Obamacare with low limits on annual gross out of pockets and a reinsurers who are allowed to price in all the “warts” that the healthcare insurer is stuck with. The squeeze is untenable and it is just a matter of time before the industry consolidates to only a half-dozen of national carriers who provide their own reinsurance.

Competition is all but gone due to Obamacare.

If you are of the political persuasion that you want a single payor system, you are going to get it if repeal of Obamacare is not done.

Providing stop gap health insurance through a federal corporation like PBGC may not suit everyone’s politics but it is a very practical solution and a relatively simple solution. Very importantly, it would allow the regulation of health care to return to the states.

Some states already have a legislated state backed life and health insurance guaranty association program. For example, The California Life and Health Insurance Guarantee Association (Association) is a state statutorily created association that consists of all insurers licensed to sell life insurance, health insurance, and annuities in California. The Association, in a similar fashion to PBGC, was created in order to protect policy holders in the event that one of the member insurers becomes insolvent.

If a member insurer becomes insolvent and a court orders dissolution of the company, the Association would be activated to ensure that the policy holders benefits were still honored; however, the benefits protected by the Association would be limited to the terms of the policy and California law. The primary source of Association revenue is derived from assessments from the member insurance companies, rather than through state taxes, who pay a percentage of written premiums into the fund annually. Unlike the PBGC, the Association is reactive in a sense that protection is not activated until after the member insurance company becomes insolvent. Additionally, the Association only covers California residents, policy holders who have moved or live outside of the State will have to secure protection from their resident State guaranty association.

Establishing a federal health insurance guarantee association based off the PBGC structure would eliminate a majority of the problems the state associations currently encounter. Replacing the current state reactive system with a federal proactive system would help prevent many of the insurance companies from reaching insolvency, or at least mitigate the damages caused by the insolvency. Under such a system, the federal association would have the ability to monitor and take over the insurance companies before, rather than after, declaring insolvency. Additionally, a federal association would also eliminate the issue of policy holders crossing state lines.

The framework for the federal system is already in place. By combining the purpose of the state guaranty associations with the structure of the federal PBGC, small multiemployer plans and company specific healthcare plans will be able to survive and compete in the national market.

Born the son of a sharecropper from South Texas and a Native American from Maine, Lance B. Johnson arrived in Cleveland from BU Law the year the

federal Stop gap Healthcare Insurance: a Simple SolutionBy LANCE B. JoHNSoN & ANDREw M. HANNA


Cuyahoga burned. He calls himself an unrepentant entrepreneur. Lance and Peggy have five children, six grandchildren and one great-grandchild. After trying retirement, Lance returned to practice full time, owns a manufacturing business in Cleveland which exports all of its production to Mexico and is engaged in re-developing a 19 acre industrial site known as “Chandler Park.” His practice included partnerships with Arter & Hadden, Spieth, Bell and Porter Wright. He has been a CMBA member since 1985. He can be reached at (216) 225-3457 or [email protected].

Andrew M. Hanna, a native Clevelander who resides downtown, is an attorney licensed to practice in the state of Ohio. Drew has primarily

focused on legal issues related to civil litigation, ERISA claims, professional and amateur sports, and small business formation and regulation. He is a member of both the Ohio State Bar Association and the Cleveland Metropolitan Bar Association. Drew spends his free time fly fishing, golfing, running, skiing and traveling. He can be reached at [email protected].

2017 William J. O’Neill Great Lakes Regional Bankruptcy Institute

Adding Structure to Restructuring Strategiesfor Surviving uncertain TimesThursday & Friday, May 4 & 5CMBA Conference Center

Our health care attorneys have significant experience in guiding clients in sophisticated

compliance, transactional, and other operational matters.

Strategic legal counsel to the health care industry

Contact Craig Haran(216) 515-1652FrantzWard.com

Marion B. aMato

JaMes s. Carnes

Joseph roBert CoMpoli, Jr.

Joseph John Corso

Fred Charles CrosBy

theodore John dalheiM

steven sCott davis

saul eisen

JeFFrey d. FinCun

deBra lynne FolkMan

harold e. FriedMan

Burt J. Fulton

Warren p. “pete” GeiGer

rudolph “rudy” Joseph GeraCi

John h. “JaCk” Gherlein

Wendy J. GiBson

GeorGe Glavinos, Jr.

sanFord aaron halpert

edWard donald hayMan

JaMes Mahoney hill

Gary BruCe kaBat

John tiMothy (Jt) kalnay

Jon Charles kleri

lori ellen laisure

roBert l. larson

irvin alan leonard

paul F. levin

Giles tiMothy Marshall

JaMes WilliaM MCkee

andreW J. MClandriCh

MiChael GeorGe Meissner

irvin Myron Milner

JaMes pluMMer MraMor

donald riChard Murphy

John d. nauGhton

Charles Joseph o’toole

FranCis Xavier reddy, Jr.

dennis MiChael reid

Clyde kirk rhein

edMund W. rothsChild

paul theodore ruXin

GeorGe J. sadd

isaaC sChulz

kevin J.M. seniCh

WilliaM John seXton

Morton l. stone

roBert a. toepFer

sol tushMan

FranCis anthony varCkette

senator GeorGe v. voinoviCh

roBert FrederiCk voth

hon. edWard stanley Wade, Jr.

Mary viola Walsh

MiChael laWrenCe Wolpert

leonard WilBert yelsky

In Honor and Remembrance of the lawyers and judges of Cleveland and Cuyahoga County who passed away between january 1 – December 31, 2016

Monday, april 3rd at noonin Courtroom 19A of the Carl B. Stokes U.S. Courthouse

A memorial program will be held for the following members of the bench and bar who passed away over the past year. Family, friends, colleagues and all lawyers in the Cleveland and Cuyahoga County area are invited to share in this final tribute to honor these men and women.

for more information, please contact krista Munger at (216) 696-3525 ext. 2224 or [email protected]. The CMBA has made every effort to compile a complete list of the attorneys and judges in Cuyahoga County who have passed away over the past year.

Memorial PRoGRAM

2017GREATER CLEvELAND BENCH-BAR



Ohio adopted its version of the ABA’s Model Rules of Professional Conduct ten years ago. Our version includes an anti-discrimination rule

— ORPC 8.4(g). Until this summer, the Model Rules contained no such provision. Comment [3] to former Model Rule 8.4, adopted in 1998, used anti-discrimination language. But comments are merely a guide to understanding the Rules, they are not black letter law. Also, the language of old Comment [3] was quite narrow, applying only to conduct within the scope of the representation, and then only if prejudicial to the administration of justice.

All that changed this August at the ABA Annual Meeting. The delegates put some teeth into the anti-discrimination language by making it a rule, not just a comment, by adding harassment to the rule, and by adding new categories of “protected classes.”

Whether Ohio will follow suit, and whether, if it does, our new rule will be as broad as the ABA rule, remains to be seen.

Ohio’s anti-discrimination rule first appeared as DR1-102(B), adopted in 1994. That language migrated to ORPC 8.4(g) and makes it misconduct for lawyers to:

[E]ngage in a professional capacity, in conduct involving discrimination prohibited by law because of race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability.Bar associations and state regulators have

long struggled with defining what constitutes “the practice of law.” Our 8.4(g) terminology — “in a professional capacity”— carries a similar lack of precise definition. Our Supreme

Court has broadly interpreted that phrase. In Cincinnati v. Young, 89 Ohio St. 3d 306, 731 N.E. 2d 631 (2000), the Court applied DR1-102(B) to acts of employment discrimination at a law firm.

When proposed Model Rule 8.4 (g) was first raised at the ABA February 2016 mid-year meeting, all hell broke loose, much of it over the proposed rule’s extension of coverage to conduct “related to the practice of law,” rather than the narrower language used in the comments — “in the course of representation of a client.”

How broadly should lawyers read “relating to the practice of law”? Comment [4] to the new Model Rule strongly suggests the answer is “very broadly”:

Conduct related to the practice of law includes representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law, operating or managing a law firm or law practice; and participating in bar association, business, or social activities in connection with the practice of law. If Ohio adopts the new Model Rule version of

8.4(g), other aspects of that Rule not included in ORPC 8.4(g) will become black letter disciplinary infractions for Ohio lawyers. “Harassment” does not appear in the Ohio rule. The ABA describes harassment as “includ[ing] sexual harassment and derogatory or demeaning verbal or physical conduct.” And “sexual harassment” is further described as “includ[ing] unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature.” Also, the ABA rule covers “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic

status.” You won’t find gender identity or socioeconomic status in Ohio’s 8.4(g).

Eleventh-hour amendments to the ABA resolution adopting the new rule inserted a mens rea requirement (“knows or reasonably should know”) and clarified that 8.4(g) “does not preclude legitimate advice or advocacy consistent with these rules.” Modifications were also inserted in the Comments to the new rule, clarifying that: (1) efforts to promote diversity do not run afoul of the rule; and (2) a finding that a peremptory challenge was exercised on a discriminatory basis “does not alone establish a violation.”

Critics of the new ABA rule (and there are many) object and, as one writer put it, “do not support ‘even more and sharper teeth’ in the rule, because [the changes] wrongly impinge on lawyers’ fundamental free speech and exercise rights.” ABAJ, June 2016, p.6.

Twenty-five states have anti-discrimination ethics rules. Twenty-five do not. Whether more states will adopt such rules, and whether states like Ohio, with narrower rules, will choose the ABA version is hard to predict.

I suspect our Supreme Court will consider adopting at least some of the language in Model Rule 8.4(g). If the Court goes that route, any proposed amendment will be published, with a period for comments by interested parties. Whether the same level of contention will be generated in Ohio as was generated at the ABA will be interesting. Ultimately, our Supreme Court will decide, now that the ABA has caught up with Ohio, whether Ohio should catch up with the ABA.

Brian F. Toohey, a CMBA member since 1980, is now in solo practice, representing law firms and lawyers. Brian also edits “Ohio Legal Ethics Law Under the Rules of Professional Conduct” (copyright Jones Day 2016), authored by Marc Swartzbaugh and Professor Arthur Greenbaum, which is available at http://kb.osu.edu/dspace/handle/1811/61287. Brian can be reached at (216) 496-4363 or [email protected] .

Will ohio adopt the aBa’s new Rule on Misconduct for Harassment or Discriminatory Conduct?

ethics perspective

Brian F. Toohey


Each month, these pages will be dedicated to highlighting just some of the activities and programs of your Cleveland Metro Bar.

CleMetroBar.org

#MeetMeAtTheBar



@CleMetroBar

@CleMetroBarYourHoT TALKS

Have you heard the chatter? we’ve kicked off a new series call Hot Talks to facilitate interactive discussions on timely, hot button topics.

Planned for the second Tuesday of the month, Hot Talks at the CMBA will be a free, interactive discussion featuring a variety of speakers who can offer expertise on particular topics, as well as a broad spectrum of viewpoints. The discussions will be free (yes, FREE), informal lunchtime and after-work conversations that will give our members and the public alike a chance to learn more about newly announced policies and other issues of importance. (ok, lunch and drinks will not be free. you can pre-order a boxed lunch for $8 at the noon sessions, or you can bring your own. And for the after work sessions, we’ll have a cash bar ready to roll.)

#MeetMeAtTheBar for our next Hot Talks. CleMetroBar.org/HotTalks.

april 11 at noonMay 9 at 5 p.m. june 13 at noon

SPRING MEMBERSHIP PRoMowe’ve said it before and we’ll say it again: engaged and active members – LIKE you – are our best ambassadors. Share your story with a colleague, a new associate, peer, or friend and invite them to join.

BEST DEal of THE yEaR! Right now, we are offering new members the chance to join now and get the next 4 months free! That’s 16 months for the price of 12 if they join this month.*

CleMetroBar.org/Membership or contact our membership team at (216) 696-3525.

Remember you may earn $25 for each new attorney member you recruit, too.* *Some restrictions apply


CleMetroBar.org

#MeetMeAtTheBar



@CleMetroBar

@CleMetroBarYour

uPCoMING EvENTSThe coming months will be a busy time at the CMBa. Please put these dates on your calendars.

March 24–25 Medical/Legal Summit

april 3 Annual Bench-Bar Memorial Program (New location: Carl B. Stokes u.S. Courthouse)

april 20–21 Northern ohio Labor & Employment Law Conference

May 4 –5 william J. o’Neill Great Lakes Regional Bankruptcy Institute

May 5 Cleveland Mock Trial

May 5 Law Day at the City Club of Cleveland

May 18 Greet the Judges & GCs Members-only Event

june 2 CMBA Annual Meeting at the Cleveland Public Auditorium

june 26 Golf outing at westwood Country Club

Calendar 2017

A year ago, our new website launched to give you more flexibility and a better user experience. To meet the needs of our members, we are excited to share we’ve added two new features to serve you better. we now offer an “Add to Calendar” button so you can more easily book events on your calendar. we also have added the ability to join CMBA Sections online anytime when you are logged in to your account.

Complete Your Profileyour account profile online also reflects some demographic information (practice setting; age, racial/ethnic diversity, practice areas, etc.), that helps get a better sense of our membership across this great legal community.

That said, our records are not as robust as we would like and we need your help to update them. we don’t want to guess about our membership data, we want to know you so we can better serve our legal community and better customize your CMBA experience!

Will you help us by fully completing your profile?updating is easy. Log into your account at CleMetroBar.org and scroll through the “My CMBA Profile” tab to update and add your information. If you have any questions or trouble, simply contact our membership team.

wEBSITE uPDATES


With change comes opportunity.

It takes a proactive, strategic approach to identify and capitalize on opportunities while minimizing risk in a changing regulatory environment. Ulmer’s team of health care attorneys partners closely with clinics, health systems, hospitals, physician groups, and more, providing practical guidance anchored in deep industry knowledge and decades of experience. Ulmer is proud to expand the resources available to the firm’s health care clients by adding veteran attorney Anne Strassfeld, who returns to the firm after more than a decade serving in senior in-house counsel and executive leadership roles for large health systems. Anne joins a team of experienced health care attorneys representing clients across a range of complex issues, including corporate compliance and governance, managed care, strategic business transactions, and much more.

CLEVELAND COLUMBUS C INCINNATI CH ICAGO BOCA RATON ULMER.COM

Kathryn Hickner Jennifer Lawry Adams Anne Strassfeld


By MICHAEL vANBuREN & FRITZ BERCKMuELLER

During his Senate confirmation hearings, Health and Human Services Secretary Tom Price stated that the Department of Health and Human Services

should focus on “blatant fraud” rather than “verifying medical necessity.” While Secretary Price was likely speaking to audits focused on Medicare overpayments rather than on fraudulent claims for services, this suggests that the Trump administration will not relax federal regulatory enforcement efforts targeting Medicare and Medicaid fraud. If that is the case, federal government enforcement authorities will continue to rely heavily on the federal False Claims Act (“FCA”), under which the government has recovered billions of dollars. In 2016 alone, the federal government collected $4.7 billion — the third-highest annual figure ever — in judgments and settlements under the FCA with $2.5 billion coming from the healthcare industry. (This number does not include millions of dollars in additional recoveries each year by state Medicaid programs.)

Given the stakes involved in FCA enforcement, the beginning of 2017 and of a new presidential administration is a good time to take stock of the current state of FCA enforcement and to try to look ahead at what the healthcare industry can expect.

fCa summaryIn the healthcare setting, the FCA imposes liability where a provider knowingly presents or causes to be presented a false or fraudulent claim for services to the government; knowingly makes a false statement material to a false claim; knowingly makes a false statement material to an obligation by the federal government to pay a claim or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay money to the government. In other words, knowingly presenting a fraudulent claim or making a material false statement relating

to a claim to Medicare or Medicaid can trigger FCA liability as can knowingly avoiding an obligation to repay the government. FCA civil monetary penalties are severe: treble damages based on the claim amount plus a penalty of about $11,000 to $22,000 per claim.

Potential sources of FCA liability are not limited to straightforward fraudulent claims. A referral in violation of the Stark law can serve as the basis of an FCA action as can a provider’s failure to return a Medicare or Medicaid overpayment once the provider identifies that overpayment. A failure to repay an overpayment to Medicare or Medicaid within 60 days of the payment being identified can constitute a reverse false claim. A provider identifies an overpayment when it determines that it has received an overpayment and has quantified that overpayment through reasonable diligence. A timely investigation under the reasonable diligence standard is six months. Once the (up to) six-month investigation period has run, the provider has 60 days to return the overpayment amount.

An FCA action can be initiated by the government or by a qui tam relator (a private whistleblower) on behalf of the government (with the government having the opportunity to intervene in the case). This means an individual within a provider entity who is aware of conduct that could trigger FCA liability can pursue an FCA claim as a whistleblower and that claim (or its settlement) can have a tremendous financial impact on the provider.

The Escobar decisionThe U.S. Supreme Court’s 2016 decision in Universal Health Servs. Inc. v. United States ex rel. Escobar dealt with a theory of FCA liability known as the implied certification theory. Under this theory, when a provider submits a claim to Medicare, the provider impliedly certifies compliance with applicable statutes, Medicare regulations, Medicare conditions of payment, and applicable contract terms (even if not explicitly attesting to such compliance).

A provider’s failure to comply with any of the foregoing can serve as the basis for an FCA claim. There was a split among the circuit courts on whether this was a valid theory of liability.

The Court in Escobar held that the implied certification theory was valid provided that the claims at issue were materially misleading. A provider could be subject to FCA liability in a situation where it (1) made specific representations about services provided on its submitted claim and (2) failed to disclose noncompliance with a material statutory, regulatory, or contractual requirement, which non-disclosure would make those representations misleading half-truths. Representations that are such half-truths can be actionable misrepresentations. Whether the noncompliance at issue is material is a question of reasonableness based on the situation at issue. Importantly, a designation by Medicare that compliance with a particular standard is a condition of payment is not dispositive on the issue of materiality.

The misrepresentations at issue in Escobar related to the licensure and supervision of the treating professionals. The submitted claims suggested that the defendant clinic had complied with applicable licensing requirements but the clinic had not done so, which the Court held to be a materially misleading half-truth.

Observers are divided on whether the Escobar decision will primarily benefit the government and relators or provider defendants. The Court stated that its materiality test was rigorous and demanding. The Court also stated a provider’s failure to comply with a Medicare-designated condition of payment did not necessarily give rise to FCA liability, which would seem to benefit defendants. However, the Court also noted that a misleading omission of critical facts constitutes a misrepresentation regardless of whether Medicare expressly indicated the importance of the qualifying information. The materiality of an omission, then, will vary on the facts and circumstances of the case, which provides more leeway for the government and relators to argue that the provider’s claim was tainted.

New Year, New Administration, New False Claims Act

Enforcement Concerns

FEATuRE ARTICLEHEalTH CaRE laW BarJournalJ U LY / A U G U S T 2 015


individual liability for fCa violationsFCA enforcement is not limited to institutional and individual healthcare providers — it is also directed at the leaders of provider entities. In 2015, the Department of Justice (“DOJ”) in a memorandum by former Deputy Attorney General Sally Quillian Yates (the “Yates Memo”) indicated a focus on pursuing criminal sanctions against individuals allegedly engaged in corporate misconduct. In 2016, the DOJ applied its new focus on individual accountability to the CEO of Tuomey Healthcare, who entered into a $1 million settlement individually with the DOJ. (Tuomey Healthcare also recently

resolved a long-pending and high-profile FCA case resulting from its compensation relationships with referring physicians.) This settlement shortly followed a DOJ settlement with North American Health Care Inc. and its board chairman and senior vice-president of reimbursement.

Although Yates is no longer a part of DOJ, the Trump administration has not yet indicated a willingness to move away from the enforcement priorities indicated by the Yates Memo. The DOJ will likely continue to pursue FCA penalties against organizational leaders in tandem with enforcement actions against hospitals and

other providers regardless of whether a leader benefited financially from the conduct at issue.

fCa forecastProviders should not expect FCA enforcement activity to slow down; federal enforcement officials and qui tam relators will continue to bring FCA claims. In fact, the lingering momentum of the Yates Memo may lead to an increase in whistleblowers filing qui tam actions as the possibility of individual FCA liability may make provider employees less likely to overlook conduct potentially violative of the FCA.

In response, providers will need to continue to be vigilant in their compliance efforts and in ensuring their leadership and workforce understand the implications of FCA liability. The recent settlements should drive home the stakes. Tuomey Healthcare ultimately settled the $237 million judgment against it — it paid $72.4 million dollars to the federal government and was sold to another health system. Tuomey’s CEO was personally liable for a tremendous penalty. Institutional leaders need to be aware of the role they must play in limiting exposure to FCA liability and in working with government investigators in response to an investigation or claim. Providers also need to be diligent in identifying and responding to potential overpayments.

Finally, providers should not get too comfortable as a result of the Trump administration’s discussion of reduced regulatory burdens. FCA enforcement efforts recover an eye-catching amount of money for the federal government. It seems unlikely that, in the near term, the DOJ will slow down its efforts to pursue fraud cases.

Michael VanBuren is a partner with Calfee, Halter & Griswold and chairs its health law practice. Michael represents hospitals, health systems, physician groups,

and physicians in private practice in corporate, business, and regulatory matters. He has been a CMBA member since 2008. He can be reached at (216) 622-8343 or [email protected].

Fritz Berckmueller is a partner with Calfee, Halter & Griswold and chairs its white collar defense and investigations practice. Fritz represents clients in white collar

criminal cases and conducts internal corporate investigations for board and audit committees and also represents clients in securities and shareholder litigation and regulatory enforcement and examination matters. He has been a CMBA member since 2016. He can be reached at (216) 622-8671 or [email protected].

Committed. Experienced. Proven.

Calfee. Clients First.

Cleveland | Columbus | Cincinnati calfee.com

Calfee’s Health Care group is a cross-disciplinary team of attorneys that provides legal services to health care providers and facilities. Knowledgeable on changing health care laws and regulations, evolving reimbursement models and trends, and other business and regulatory developments affecting the health care community, our attorneys work together to provide high quality, comprehensive, and practical solutions to the complicated challenges our clients face. Our clients include: Academic medical centers Billing companies Biomedical and medical device start-up companies DMEPOS manufacturers and suppliers Dialysis providers Health care management and administrative service providers Health care payors Physicians and Hospitals Independent and physician office laboratories Medical technology, device and life science companies Pharmaceutical benefit managers Health care information technology and wellness companies



FEATuRE ARTICLEDIvERSITy & InClUSIon

By RICHIK SARKAR

in most industries, including law, the failure to develop new products is fatal. Economic development is driven by product development: New products create new opportunities, expand businesses, and forge industries.

However, as technologies make things more efficient, this cycle must be repeated to ensure that new people and ideas are continually engaged and employed. Critically, continually delivering excellent and innovative products and expertise requires a breadth of insight that can only be created through diverse leadership. Why? Because insight into customer perspective requires leadership composition that mirrors ever-diversifying customer composition.

Numerous studies make clear that entities with more diverse workforces and, more importantly, leadership, out-perform their peers. As reported by McKinsey & Company:

[C]ompanies in the top quartile for gender or racial and ethnic diversity are more likely to have financial returns above their national industry medians. Companies in the bottom quartile in these dimensions are statistically less likely to achieve above-average returns. And diversity is probably a competitive differentiator that shifts market share toward more diverse companies over time.1

This disparity can be directly traced to the competitive advantage inherent to diversity in developing new products and creating new lines of business. And, like every industry, law firms must take

advantage of diversity in order to effectively engage in new product development. Our customers do not sign engagement letters with practice areas, they are investing in lawyers and expertise — these are our “legal products.” However, to make sure that our products are attractive to our clients we must leverage the competitive advantage of diversity, specifically in firm leadership. Leadership diversity creates diversity of thought, which spurs new — and different — opportunities, products and industries. Thus,

when analyzing how best to develop new legal products, understanding the competitive advantage of diversity — using the broadest possible definition — is critical.

What is the competitive advantage of diversity?Look at the successful in our region and you will see that the diversification of their workforce and leadership is a critical driver to on-going success. These industry leaders recognize the strategic benefits of diversity, including:

• Better understanding of customer needs and markets

• Better communication with customers• Ability to attract, recruit and retain top

talent• Eligibility to participate in programs

focused on diverse businesses• Enhanced corporate image, and public

goodwill• Different perspectives on problem-solving

and decision-makingClearly, successful companies recognize

that building effective and diverse internal and external networks, especially in leadership, is critical to developing new products and spurring economic development for their businesses and regions.

is this really an issue for the legal profession?Despite the clear relationship between diversity and business success, the vast majority of corporate boards and executive suites are comprised of mostly white men. To prove this point, in April 2016, a Harvard Business Review study provided this shocking statistic: “There are more CEOs of large U.S.

companies who are named David (4.5%) than there are CEOs who are women (4.1%) — and David isn’t even the most common first name among CEOs. (That would be John, at 5.3%.)”2

This reality is the same, if not more pronounced, in law firms (though we may have more diversity of first names). Per a Law360 survey, there is “a bleak outlook for diversity in the legal profession — less than 15% of attorneys at U.S. law firms surveyed by Law360 are minorities. Even fewer partners — less than 9% — identify as minorities.”3 This lack of diversity means

law firms Must Harness the Competitive advantage of Diversity to Evolve

... like every industry, law firms must

take advantage of diversity in order

to effectively engage in new product

development. our customers do not

sign engagement letters with practice

areas, they are investing in lawyers

and expertise — these are our

“’legal products.”


that as an industry we are failing to reflect our clients’ values and priorities, and, as importantly, it means we are failing to take advantage of the competitive advantage of diversity. As noted in “The High Cost of Big Law’s Lack of Diversity:”

[C]orporations want to partner with law firms that have similar priorities. Corporate clients spend 25% more with legal teams that they consider “very diverse” than they spend with teams they see as “not at all diverse” or strictly male, according to legal research firm Acritas. So the sluggish-to-nonexistent progress reflected in Law360’s 2016 Diversity Snapshot does not bode well for the future of firms that fail to move the needle.

Competitive advantage will be derived by “those firms that invest in diversity and understand the changing landscape,” says Tom Sager, former general counsel at DuPont Co. and now a partner at Ballard Spahr LLP. “The demographics are so obvious to all now, and to be successful, over time you’re going to have to be a leader in this space, particularly as corporations wise up and understand that a lot of the work they do with the external world is done through their law firms.”4

Our diversity failures mean we aren’t serving our clients to the best of our ability and we are stagnating as an industry. As another former in-house lawyer plainly stated, “corporations don’t just want to hire a law firm — they want to form a relationship that can add value to the corporation’s brand, and law firms add value when they are more diverse.”5 That said, becoming more diverse cannot be seen as a way to satisfy RFP requirements, it is much harder than that. It requires hiring, developing, and promoting diverse attorneys so they can provide insight into how an industry’s client population (as well as our client’s clients) is diversifying and how we can meet that groups’ varying needs. Thus, we must incorporate into leadership people with different backgrounds to ensure we see the world through multiple lenses and build better legal and business strategies for our clients.

How can our industry create its competitive advantage? In analyzing this problem for all businesses, the Harvard Business Review authors observed: Despite the ever-growing business case for diversity, roughly 85% of board members and executives are white men. This doesn’t mean that companies haven’t tried to change. Many

have started investing hundreds of millions of dollars on diversity initiatives each year. But the biggest challenge seems to be figuring out how to overcome unconscious biases that get in the way of these well-intentioned programs.6

The Harvard Business Review study — supported by many others — advocates deliberate action to change the status quo:

When there was only one woman or minority candidate in a pool of four finalists, their odds of being hired were statistically zero. But when we created a new status quo among the finalist candidates by adding just one more woman or minority candidate, the decision makers actually considered hiring a woman or minority candidate.

***Managers need to know that working to get one woman or minority considered for a position might be futile, because the odds are likely slim if they are the lone woman or nonwhite candidate. But if managers can change the status quo of the finalist pool by including two women, then the women have a fighting chance.7 These conclusions follow the results of

earlier research regarding how diversity can defeat price bubbles.8 That study found that any market dominated by one ethnicity led to worse


decisions but, market diversity — even simply having more than one ethnicity — led to more scrutiny and challenging of decisions and ideas, less overconfidence and better outcomes.

Decision making, especially hiring and promotion decisions, often follows the path of least resistance. When we are considering potential leaders we often hire people whose background and views are similar to ours; meaning they often look like the historically homogeneous decision makers. This unfortunate predisposition creates a barrier to innovation and a loss of competitive advantage, which kills organizations. Accordingly, law firms must deliberately be creative and innovative when apportioning leadership opportunities. For example, before hiring decisions are made, consider the diversity of the candidate pool. If everyone with whom you are meeting looks the same — which often means they look like you — you are losing a potential competitive advantage.

Thus, to truly grow, businesses — including law firms — must utilize the competitive advantage of diversity. This requires analysis of important issues: • What new products and services can be

developed to create new industries and employment opportunities?

• Where, and from whom, are new ideas coming from?

• Do we understand how demographic trends are affecting economic realities?In our global, multicultural, business

market, diversity is an increasing priority among clients’ business strategies. So, to diversify our client offerings, we must diversify the leadership that creates, directs, and provides expertise and commercial insight. Failing to do so will cause our industry to stagnate. To stay relevant and competitive in an increasing flat market, firms must develop new strategies to compete and approach the market in different and innovative ways. In the long run, considering, hiring, and developing more diverse leaders will help law firms develop new products, grow their business, and serve clients better.

1 “Why Diversity matters” by Vivian Hunt, Dennis Layton, and Sara Prince; McKinsey & Company (January 2015) (http://www.mckinsey.com/business-functions/organization/our-insights/why-diversity-matters).

2 “If There’s Only One Woman in Your Candidate Pool, There’s Statistically No Chance She’ll Be Hired” by Stefanie K. Johnson, David R. Hekman, and Elsa T. Chan, Harvard Business Review (April 26, 2016) (https://hbr.org/2016/04/if-theres-only-one-woman-in-your-candidate-pool-theres-statistically-no-chance-shell-be-hired?referral=00060).

3 “Law360’s 2016 Law Firm Diversity Snapshot,” Law360 (May 19, 2106) (https://www.law360.com/articles/797823/law360-s-2016-law-firm-diversity-snapshot).

4 “The High Cost Of Big Law’s Lack Of Diversity” by Melissa Maleske, Law360, Chicago (May 17, 2016) (https://www.law360.com/articles/795768/the-high-cost-of-biglaw-s-lack-of-diversity?article_related_content=1).

5 Id.6 “If There’s Only One Woman in Your Candidate Pool, There’s Statistically No Chance She’ll Be Hired” by Stefanie K. Johnson, David R. Hekman, and Elsa T. Chan, Harvard Business Review (April 26, 2016).

7 Id.8 “Ethnic Diversity Deflates Price Bubbles” by David Stark and Sheen Levine, Proceedings of the National Academy of Sciences (December 30, 2014) (http://www.pnas.org/content/111/52/18524.full.pdf).

Richik Sarkar is a member of McGlinchey Stafford PLLC with a broad, varied practice in which he handles and directs: (1) litigation, (2) special projects such as

organizational updates, policies, strategies, and investigations, and (3) risk and crisis management; for a variety of clients across several industries, ranging from sports and media agencies to local, regional, and global companies and financial institutions. He has been a CMBA member since 1998. He can be reached at (216) 378-4994 or [email protected].

Our team of health and medicine attorneys

and legal nurse consultants has extensive

experience to protect your practice so you

can focus on keeping your patients and

business healthy.

CLEVELAND | CANTON | AKRON

MAKING SURE YOU

NEVER MISS A BEAT


cleAll events held at the CMBA Conference Center unless otherwise noted.

The CMBA, Academy of Medicine Education Foundation, and The Academy of Medicine of Cleveland & Northern Ohio present

Health Care law Update and Medical/legal SummitThis summit is designed to bring together doctors, lawyers, health care professionals and others who work in allied professions for education, lively discussion and opportunities to socialize and network.

friday, March 24CREDITS 5.0 CLE

HEalTH CaRE laW UPDaTE 12 p.m.

kEynoTE 4:15 p.m.

Health Care Law update

Welcoming RemarksVictoria L. Vance, Tucker Ellis LLP, Chair, CMBA Health Care Law Section

Federal & state Law updateKelly R. Novak, Tucker Ellis LLP

Managing Risk in Employing Foreign Nationals: At the Crossroads of Health Care, Labor & Employment, and immigration isabelle Bibet-Kalinyak, McDonald Hopkins LLC, Panel Chair

Breakout session panels

(A) safety Net providers: Law and public policyAnne F. strassfeld, ulmer & Berne LLP, Panel Chair

(B) Healthcare Cybersecurity and privacy LitigationJoseph A. Dickinson, Tucker Ellis LLP, Panel Co-ChairWilliam H. Berglund, Tucker Ellis LLP, Panel Co-Chair

Lessons Learned from the Dr. persaud Health Care Fraud CaseKim F. Bixenstine, Chief Compliance officer, university Hospitals, Panel Chair

Adjourn to the Medical/Legal summit Keynote Address and Reception

Welcome & introductionsRichard D. Manoloff, Esq., CMBA PresidentRobert E. Hobbs, MD, AMCNo PresidentMarlene Franklin, Esq., Associate General Counsel, MetroHealth Medical Center

Keynote presentation: “The Future of the Affordable Care Act and Medicare

payment Reform”gail Wilensky, phD, is an economist and senior fellow at Project HoPE, an international health foundation. She directed the Medicare and Medicaid programs from 1990 to 1992 and served in the white House as a senior health and welfare adviser to President George w. Bush. From 1997 to 2001, she chaired the Medicare Payment Advisory Commission, and previously chaired one of its predecessor commissions, the Physician Payment Review Commission. Dr. wilensky is an elected member of the Institute of Medicine and has served two terms on its governing council. She received a bachelor’s degree in psychology and a PhD in economics at the university of Michigan

Saturday, March 25CREDITS 4.0 CLE

REgISTRaTIon & BREakfaST 7 a.m.

WElCoME & InTRoDUCTIonS 8 a.m.

MACRA – plenary session

ovERvIEWThe Patient Protection and Affordable Care Act of 2010 (ACA) created the National Quality Strategy (NQS) and included the redesign of Medicare’s fee-for-service (FFS) payment structure. As set out in the new Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) legislation signed into law in April 2015, physicians will now submit quality measures through the Merit-based Incentive Program System (MIPS). MACRA replaces the Medicare Sustainable Growth Rate (SGR) and puts into place two types of quality payment programs.

SPEakERSCathy Costello, JD, Director, CliniSyncPLuS Consulting, ohio Health Information PartnershipHoward pitluk, MD, MpH, FACs, Health Services Advisory Group (HSAG) vice President for Medical Affairs & Chief Medical officerRobert Furno MD, MpH, MBA, Chief Medical officer at the Centers for Medicare & Medicaid Services

Addressing the Opioid Crisis in Ohio – plenary session

ovERvIEWThis session will discuss the impact of the opioid epidemic in ohio, and the unprecedented strain on all of our resources. The panel will discuss the extent of the problem in terms of the current statistics and provide insight into the physiology of addiction. They will also discuss what is being done to combat the problem from both the medical and legal perspectives.

SPEakERSNicole Labor, DO, Addiction Specialist, SuMMA Health SystemsCarole s. Rendon, office of the united States Attorney General, Northern District of ohioHugh shannon, Administrator, Cuyahoga CountyMedical Examiner

Lawsuits: How to survive, How to Avoid: A Medical Legal perspective – plenary session

ovERvIEWThis panel seeks to address all aspects of the medical-legal process, by offering perspective from a practicing physician, who has been active in the medical-legal reform movement; a litigation consultant, who works with witnesses and defendants to prepare them for unique demands of the litigation process; and a trial judge, who has presided over nearly a hundred medical malpractice trials, and will share observations that she has made, and that jurors have shared, about the intricate courtroom drama of profound loss, medical care and professionalism.

SPEakERSJohn Bastulli, MD, St. vincent Charity Medical Center ; Hon. Nancy R. McDonnell, Cuyahoga County Court of Common Pleas

* The AMCNo has obtained approval from university Hospitals (uH) for 5.5 hours of Clinical Risk Management Education (CRME) credit for those physicians participating in the uH Sponsored Physician Program.

EvEnT Co-CHaIRSRobert E. Hobbs, MD, AMCNo PresidentMarlene Franklin, Esq., Associate General Counsel, MetroHealth Medical CenterR. Eric Kennedy, weisman, Kennedy & Berris

The Young Lawyers section presents

Spring Clean your Practice Tuesday, March 28CREDITS 3.75 CLE with 1.0 professional conduct requested

REgISTRaTIon & lUnCH 12:15 p.m.

PRogRaM 1:00 – 4:45 p.m.

Time to gain control and get organized! Meet us at the Bar to learn tips and tricks to spring clean your professional life.

Registration is BoGo for CMBA members, so bring along a friend to take advantage of our Buy one, Get one bargain!

Welcome & introductionsAlexander B. Reich, Calfee Halter & Griswold LLP, young Lawyer Section Chair

The Realities of Work-Life BalanceJoan Washburn, washburn Endeavors

spring Clean Your Calendar and spruce up Your inboxLisa Crilley Mallis, Impactive Strategies

Keeping it Clean: The professional use of social Media (1.0 hour professional conduct credit)Jamie A. price, walter | Haverfield LLP


cleMeet us at the Bar for lunch, networking, and ClE. Check out these one-hour ClEs, sponsored by our Sections.

All programs are held at noon at the CMBA Conference Center, unless otherwise noted.

March 21Estate planning, probate & Trust LawIs the Cloud Finally Lifting? Planning for and Administering Digital Assets under the ohio uniform Fiduciary Access to Digital Assets Act

april 5international Law sectionIssues, Post-Election, on u.S. Business Immigration

april 13Real Estate Law section (No CLE)

cleQuickBites

17th annual labor & Employment law ConferenceThursday, april 20CREDITS 6.0 hours CLE

REgISTRaTIon & BREakfaST 8:30 a.m.

WElCoME & InTRoDUCTIonS 8:55 a.m.

SEMInaR 9 a.m. – 4:30 p.m.

Welcome & introductionsLauren C. Tompkins, Giffen & Kaminski, LLC, Conference Chair

The Future of Employment Law under president Trump: Heaven, Hell, or somewhere in Between?Daniel L. Messeloff, Jackson Lewis P.C.

ADA Compliance: Counseling the smaller EmployerTodd K. Masuda, Schneider Smeltz Spieth Bell LLP

From Foe to Friend: Cooperative Negotiating strategiesBrad Levine, voudris Law LLC

Lunch (included)

Medical Marijuana in the Workplacestephanie Dutchess Trudeau, ulmer & Berne LLP

Reasonability of Restrictive Covenants: Defend Trade secrets ActMatthew K. seeley, Kadish, Hinkel & weibel

Workplace investigations: How and When to Conduct, and What You Can, should and should Not DoJoel R. Hlavaty, Frantz ward LLP

friday, april 21 CREDITS 6.25 hours CLE

REgISTRaTIon 8 a.m.

WElCoME & InTRoDUCTIonS 8:25 a.m.

SEMInaR 8:30 a.m. – 4 p.m.

Welcome & introductionsLauren C. Tompkins, Giffen & Kaminski, LLC, Conference Chair

professionalism in the Deposition BattlefieldFrank R. Desantis, Thompson Hine LLPJack s. Kluznik, weston Hurd LLP

Defamation in the Employment Law ContextWarren Rosman, weston Hurd LLP

Lunch (included)

Competition and Cooperation: Attorney’s Fees and the Risks of Failure in Negotiations in Employment DisputesChristopher p. Thorman, Thorman Petrov Group Co., LPA

The Elephant in the Room: How unconscious Bias puts Employers at RiskJulie sumner, Monarch Endeavors, LLC

independent Contractor Misclassification under the FLsA and Arbitration AgreementsRyan T. Neumeyer, Ross Brittain & Schonberg Co., LPA

Residential Real Estate: acquisition, Closing, and Development with Case law and Statutory UpdateTuesday, april 25CREDITS 3.00 CLE requested

REgISTRaTIon & BREakfaST 8:30 a.m.

SEMInaR 9 a.m. – 12:15 p.m.

Welcome & introductionsKatheryn J. McFadden, Sandhu Law Group, LLC; Chair, CMBA Real Estate Law Section

Case Law and statutory updateMonica E. Russell, Critchfield, Critchfield & Johnston, Ltd.

Residential Development and Construction• Developer’s perspective on lot acquisition,

construction, and city approval process• Negotiation of a residential construction contractgillian E. Hall, Knez ConstructionDaniel p. Hinkel, Kadish, Hinkel & weibel

Real Estate Financing• Residential banking regulation/market update• The process of acquisition and financing of new

residential construction• Negotiation of loan documents including

mortgage and noteFrank C. santoiemmo, Singerman, Mills, Desburg & Kauntz Co., L.P.A.Bruce Brinkerhoff, Civista Bank

Register at CleMetroBar.org/CLE!For questions or to register over the phone, call (216) 696-2404.


cleResidential Real Estate Closings• Duties of buyer and seller attorneys during a

residential closing• Review and preparation of title and escrow

closing documents for a residential transaction, including review of the process and timing

Dean s. Talaganis, ohio Real Title Agency, LLC

William j. o’neill great lakes Regional Bankruptcy Institute 2017Adding Structure to Restructuring: Strategies for Surviving Uncertain Times

Thursday, May 4CREDITS 6.00 hours CLE

BREakfaST & REgISTRaTIon 7:45 a.m.

PRogRaM 8:20 a.m.

Welcome & introductions phyllis A. ulrich, Carlisle McNellie Rini Kramer & ulrich Co., LPA, Institute Co-ChairChristopher B. Wick, Hahn Loeser & Parks LLP, Institute Co-Chair

Light up or Leave me Alone! The Current status of the Legal Marijuana industry in OhioKevin patrick Murphy, walter | Haverfield LLPRocco i. Debitetto, Hahn Loeser & Parks LLPDavid L. Dingwell, Tzangas Plakas Mannos Ltd.

What You Know About That? Recent Commercial and Consumer Case Law updateHon. Russ Kendig, u.S. Bankruptcy Court, Northern District of ohio

Hon. Arthur i. Harris, u.s. Bankruptcy Court, Northern District of OhioWilliam J. Rochelle, iii, ABI Editor-At-Large

Risky Business: issues facing the Real Estate, Retail, and Hospitality BusinessesHeather C. Corrigan, General Counsel and Corporate Secretary, First Interstate Properties, Ltd.Donzell “Don” Taylor, welty Building Company, PresidentEric E. Walker, Perkins Coie LLP, ChicagoNancy A. Valentine, Ice Miller LLP, Moderator

Lunch Honoring Hon. pat E. Morgenstern-Clarren (no CLE)

Breakout sessions

We Can Work it Out: Views on the Restructuring industry from the Bank’s perspective (Commercial)sally Barton, KeyBank National Associationglenn Bartley, Huntington National BankRajko Radonjich, Senior Counsel, PNCDrew T. parobek, vorys, Sater, Seymour and Pease LLP, Moderator

Ch-ch-ch-ch-Changes! Changes in the Consumer practice (Consumer)philip D. Lamos, office of the Chapter 13 TrusteeMark R. Lembright, Felty & Lembright Co., L.P.A.stephen D. Hobt, Attorney at Law,Hon. Jessica E. price smith, u.S. Bankruptcy Court, Northern District of ohio

Breakout sessions:

Money Ain’t A Thang: Distressed investing in Today’s Marketplace (Commercial)Bassem Mansour, CEo, Resilience Capital Partnersglenn pollack, Founder, Candlewood PartnersBob stockard, CEo, Mill Hill Capital, Inc., Naples, FLThomas M. Wearsch, Jones Day – Moderator

Trumped? Remembering the Consumer Financial protection Bureau (Consumer)Alane A. Becket, Becket & Lee, Malvern, PAJoann Needleman, Clark Hill PLC, Philadelphia

Breakout sessions:

Love the One You’re With: Advisory Roles in Today’s Restructuring universe (Commercial)John D’Amico, Jefferies & Company, New york, Nypeter Hartheimer, Sherwood Partners, Inc.Larry goddard, BDo uSA LLPMarc B. Merklin, Brouse McDowellBradley sharp, Development Specialists, Inc.

Hot in the City! Hot Topics in Consumer LawHon. John p. gustafson, u.S. Bankruptcy Court, Northern District of ohioEdward J. Boll, Lerner, Sampson & Rothfuss, L.P.A.William J. Rochelle, iii, ABI Editor-At-Large

Adjourn to Networking Reception sponsored by iWiRC

friday, May 5CREDITS 5.50 hours CLE with 2.5 hours Professional Conduct

BREakfaST & REgISTRaTIon 7:45 a.m.

PRogRaM 8:20 a.m.

Welcome & introductionsphyllis A. ulrich, Carlisle McNellie Rini Kramer & ulrich Co., LPA, Institute Co-ChairChristopher B. Wick, Hahn Loeser & Parks LLP, Institute Co-Chair

Big Brother is Watching You: Data privacy, Cyber-security, and ComplianceJames J. giszczak, McDonald Hopkins LLC, Detroit

Elizabeth B. Vandesteeg, Sugar Felsenthal Grais & Hammer LLP, ChicagoLuis salazar, Salazar Jackson LLP, MiamiHon. Alan M. Koschik, u.S. Bankruptcy Court, Northern District of ohio, Moderator

Lien on Me: updating The uniform Commercial CodeCassandra Burke Robertson, Case western Reserve university School of LawAndrew L. Turscak, Thompson Hine LLPBrian A. McMahon, Calfee, Halter & Griswold LLP

How To get it in: Evidentiary issues in Bankruptcy HearingsHon. Kay Woods, u.S. Bankruptcy Court, Northern District of ohioMichael J. Barrie, Benesch, Friedlander, Coplan & Aronoff LLP, wilmington, DEgregory p. Amend, Buckingham, Doolittle & Burroughs, LLCW. Timothy Miller, Taft, Stettinius & Hollister LLP, Cincinnati

Lunch with sicherman Award presentation and Keynote speaker, Mike polk Jr. (No CLE)

Don’t Be a Naughty Lawyer!patrick F. Haggerty, Frantz ward LLPJoseph N. gross, Benesch, Friedlander, Coplan & Aronoff LLP

Old Dogs Matter: perspectives on professionalism and Changing Times from industry pillarsJoseph F. Hutchinson, Baker Hostetler LLPg. Christopher Meyer, Squire Patton Boggs (uS) LLPAlan R. Lepene, Thompson Hine LLPJeremy M. Campana, Thompson Hine LLP, Chair, Bankruptcy & Commercial Law Section, Moderator

Changes in International and Immigration law with the new administrationWednesday, May 3This half-day CLE program will explore the effect of the new administration policies on various aspects of international and immigration law concerns, including international trade, investment, tax, Foreign Corrupt Practices Act/Anti-bribery, Customs and Border Protection investigative and enforcement authority, employment based immigration practices, immigrant and nonimmigrant visas, treatment of refugees and undocumented immigrants etc. The program will feature practitioners with expertise in a variety of areas, in-house counsel, as well as foreign born entrepreneurs whose work is directly affected by the new policies.

visit CleMetroBar.org/CLE for full agenda.


As a special benefit, CMBA members can reserve two conference rooms (Conference Rooms A and B) as well as the Members-Only Office for free. (Reservations accepted in the order in which they are received.) The Members-Only Office,

which includes a desk, seating for guests and high-speed Wi-Fi, is the perfect place to meet with clients, work in a quiet professional atmosphere or relax between appointments. The next time you need an office away from your office, come ...

Meet us at The Bar!

THREE ROOMS FREE

SPoTlIgHT on: TUCkER EllIS llPTucker Ellis is — for the 10th consecutive year — providing all the 3Rs volunteers for Cleveland Early College High school (CEC), located at the John Hay Campus in university Circle. Nineteen Tucker Ellis volunteers are teaching 3Rs in CEC’s three u.s. government classes for the 2016-17 school year. As additional components of its pipeline partnership with CEC, TE also provides coaches for CEC’s three mock trial teams and takes CEC graduates on as interns from the Louis stokes scholars program each summer.

In addition to overseeing the TE efforts as coordinator of the firm’s award-winning pipeline program, Carter strang* serves as an 11-year 3Rs veteran volunteer, curriculum author, and past 3Rs Oversight Committee Chair. His teammates this year include Karl Bekeny, Ann Caresani, Fred Cruz, Melissa Kelly, sarena Holder,* Rachel Byrnes, Marissa Ennis, Joseph Dickinson, Emily Knight, Allison Burke, Casey Holzapfel, Elizabeth Leonard Arko, Zach LaFleur, Brandon Cox,* William Berglund,* sarah Bunce, Jeff sindelar, and Zachary Adams (*team captains).

from ann Caresani, in thanks to her fellow volunteers:“You are making a difference in the lives of the students at CEC. One example of the impact we make: Brandon Brown was a 3Rs student at CEC 10 years ago. We inspired him. He did mock trial, which we created at CEC and coach, then spent several summers as a paid legal intern at our firm [through stokes scholars]. He will be graduating from Cleveland-Marshall this spring, the first student from the TE/CEC pipeline partnership to become an attorney. How many more Brandon Browns were sitting in the 3Rs classes we taught this semester? Time will tell, but i am sure many will follow in Brandon’s footsteps because you gave of your time and energy through your 3Rs teaching this semester.”

volunteerspotlight


Save theDate!2017 golf outing

June 26th

Westwood Country Club

C M B A

MOVIE N I G H T

no REgISTRaTIon oR fEE REqUIRED simply RsVp the number attending to [email protected].

THURSDay, aPRIl 20“And Justice for All”

Cash Bar Reception – 6 p.m. • Screen Time – 7 p.m. (sharp)

Classic movie candy, fresh popcorn, soft drinks and a light appetizer will be provided. Movie buff, Warren Rosman will preface the film with a few

brief remarks. Feel free to invite your friends, all are welcome!

noMInaTIonS noW BEIng aCCEPTED!The Justice For All Committee of the CMBA (JFA) invites all members of the Cleveland legal community to submit nominations for the Volunteer of the Year Award by april 7.

Each year the CMBA honors a volunteer who has provided exemplary service to the Cleveland community in a pro bono or public service program during the previous bar year. The Award will be presented at the CMBA Annual Meeting on June 2.

noMInaTIonS foR 2017submissions should be made in writing, and should include relevant details about the nominees’ volunteer service. send submissions to Jessica paine at [email protected] or by mail to 1375 E. 9th st., Floor 2, Cleveland, Ohio 44114.

for more details, including the history of the award and past recipients, visit the jfa Committee page at CleMetroBar.org.

volUnTEER OF THE

yEaR aWaRD

2017 Justice For All Law

Dayfriday, May 5The City Club

featuring: james forman, jr. professor of Law, Yale Law school,

and author


Zachary AdamsKnight Stanford Anderson

Virginia AndersonA. Michael Anderton

Richard M. ArceciElisabeth Arko

Ernest W. Auciello, Jr.Susan M. AudeyBrian W. Ayers

Thomas Winfield BakerKevin D. BarnesKarl A. BekenyStacey Belasic

J.Timothy BenderWilliam H. BerglundArthur P. Bernstein

David Aaron BernsteinHenry E. Billingsley, IIStephen L. Bittence

Nicole E. Braden LewisKatherine D. Brandt

Michael C. BrinkMichael E. BrittainGary L. Bryenton

Traci A. BuckelSarah Bunce

Cheryl BunevichAllison R. Burke

J. Philip CalabreseJulie A. CallsenJay R. CampbellAnn M. Caresani

Karen A. CarlChristopher J. Caryl

Subodh ChandraAmanda Jo Clapp

Patrick ClunkEdward C. Coaxum, Jr.

Howard E. Coburn

Lisa M. CocheyJonathan R. CooperHarry D. Cornett, Jr.Corine R. Corpora

Brandon D. CoxKatya S. Cronin

Chelsea Morgan CroyFrederick D. CruzMara E. Cushwa

Christina E. CzingerRichard A. Dean

Madeline B. DennisRandi Depp

Joseph A. DickinsonJustin Eddy

Chad M. EggspuehlerDana Elfvin

Arthur M. ElkMichael E. ElliottStephen C. EllisMarissa Ennis

George H. FaulknerJohn A. Favret, III

Jonathan F. FeczkoJoseph M. Ferraro

Daniel Michael FinerMark S. Floyd

Robert Scott FrostMorris David GalinCarlos P. GarritanoFrank O. Garritano

Victor T. GeraciJack J. Goldwood

David S. GoodmanPatrick F. HaggertyRobert J. HannaMichael F. HarrisStephanie HaukAnna M. Hayden

Jeffrey A. HealyLisa Hedin

Christopher J. HewittJames H. Hewitt, IIIKatherine A. HitlanSarena M. Holder

Ronald D. Holman, IICasey Lynn HolzapfelLaura Kingsley HongHerbert J. Hoppe, Jr.Michael J. Horvitz

Michael E. HudzinskiEdward A. Icove

Peter A. IgelCourtenay Youngblood Jalics

Erica Michelle JamesRichye A. Jamieson

Paul L. JanowiczRonald V. Johnson, Jr.

Brendan P. KelleyJames M. Kelley, IIIMelissa Z. Kelly

Kathleen M. KennedyIrene C. Keyse-Walker

Eugene M. KilleenAdrienne Beth Kirshner

Joseph P. KoncelikKrista L. KonsenAnne M. KordasE. John KoviakRoss Kowalski

Michelle L. KrallKimberly J. KrenDavid A. Kutik

Zachary J. LaFleurBrian Joseph Laliberte

Carrie M. LangeKimberly J. Langelier

John Q. Lewis

Martin H. LewisPaula J. LiderbachMatthew L. Linder

Seth LinnickDebra Littler

Jamie M. LizziniRobert M. Loesch

Irene M. MacDougallRita A. Maimbourg

Paul J. MalieJoseph A. Manno

Matthew J. MargueriteChristina Marino

Michelle P. MarvinneyKristen L. Mayer

Mark Francis McCarthyErica E. McGregor

Douglas A. McWilliamsClifford S. Mendelsohn

Matthew Michael MendozaJennifer L. Mesko

Donald H. MessingerChelsea R. MikulaJoseph J. Morford

Hon. Pat E. Morgenstern-ClarrenMatthew P. Moriarty

Glenn E. MorricalAnn Muldowney

Carl F. MullerTariq M. Naeem

Frederick R. NanceDouglas A. NearyTod Northman

Stephen M. O’BryanJon W. Oebker

M. Patricia OliverColleen M. O’NeilBrian M. O’Neill

Frank R. OsborneLawrence E. Oscar

ThAnk You to the individuals

listed below who make up our 2016–17 Diversity & Inclusion Circle. Their generous financial contributions provide critical support for the CMBA’s many diversity and inclusion initiatives and programs. To learn more, check out CleMetroBar.org/Diversity.

Diversity& InclusionCIRCLE


Thomas W. OstrowskiJohn P. Palumbo

Christopher PantojaAndrew D. PappertPatrick J. PascarellaJohn P. Patterson

Thomas R. Peppard, Jr.Evan Perry

Stephen J. Petras, Jr.Anthony R. Petruzzi

Deborah PowersTodd Preputnik

Marcus H. Pryor, IIISusan L. Racey

Harpal RaiKeith H. Raker

Dustin B. RawlinTami RettigJustin E. Rice

Barbara K. Roman

Karen E. RossWilliam L. S. RossRennie C. RutmanMichael J. RuttingerJoshua M. Ryland

Stephanie Ann RzepkaBenjamin C. SasseDawn SchweikertPatricia L. SeifertMichael I. Shapero

Nick D. ShofarThomas R. SimmonsJeffrey C. Sindelar, Jr.

Amanda SkyrmPaul Skyrm

Christine SnyderHugh M. Stanley, Jr.

Ronald C. StansburyPatricia A. Stauffer

Kelli Steber

Jennifer Steinmetz

Scott J. Stitt

Sarah A. Stover

Carter E. Strang

Frederick G. Stueber

Christina Suh

K. James Sullivan

Brenda Sweet

Edward E. Taber

Kimberly R. Thomas

Terence L. Thomas

Adrian D. Thompson

Kristy L. Titus

Marilyn Tobocman

Carrie I. Tolaro

K. Ellen Toth

Robert C. Tucker

Victoria L. Vance

Kasey Vandegrift

S. Peter VoudourisCharissa Nyelle Walker

Meghan E. WallisSusan Walston

Seth Howard WamelinkJane F. Warner

James R. Warren, IIISanford E. Watson

Jeffry L. WeilerMarcia J. WexbergJeffrey M. Whitesell

Mary WilburnDiane D. WilcoxScott J. Wilkov

Christopher S. WilliamsSonali Bustamante Wilson

Ryan T. WinklerMargaret W. Wong

Kevin M. YoungRichard G. Zeiger

WelcomeNew MembersTameem abdullah

george j. asimou Walter | Haverfield LLP

Heather Baird Benesch, Friedlander, Coplan & Aronoff LLp

Ivana l. Batkovic Cleveland-Marshall College of Law

David aaron Bernstein Tucker Ellis LLp

allison R. Burke Tucker Ellis LLp

David jovan Calevski Margaret W. Wong & Associates Co., L.p.A.

Eileen frances Carroll

jennie l. Church Vorys, sater, seymour and pease LLp

Robert l. Cohen Centrus group inc.

Patricia Berry Coughlin Wilson & gillissie, LLC

nicole k. Coumou Buckingham, Doolittle & Burroughs,LLp

joseph francis Cudia united states Bankruptcy Court

gregory D. fernengel

Eric Matthew gammarino

Rebecca R. gillissie Wilson & gillissie, LLC

Benjamin M. golsky KeyBank, NA

Manju gupta McDonald Hopkins LLC

Mary n. Hanna City of Cleveland Law Department

Derek Paul Hartman sutter O’Connell

Richard T. Herman Herman Legal group

john f. Hill Buckingham, Doolittle & Burroughs, LLp

Chauncey andros Reynolds keller, III

Eighth District Court of Appeals

Ellen Rachel kirtner Walter | Haverfield LLP

alexander john koenig ulmer & Berne LLp

Michael Paul koslen Jones Day

Shipra kumar Matasar Jacobs LLC

amie lee laBahn Kaufman, Drozdowski & grendell LLC

nickoli xavier Miguel spitz Law Firm

Dustin C. Moore

Brian C. Mulhall, Esq. Mulhall Law LLC

Richard H. nemeth Nemeth & Associates Co., LpA

Christina Mai nicholas Mazanec, Raskin & Ryder Co., L.p.A.

Mark S. ondrejech The Ondejech Law Firm, LLC

Starlyn H. Priest

Stephanie Richardson Logicforce

Brian C. Salvagni

Cullen g. Sweeney Cuyahoga County Public Defender Office

Richard andrew Teel Matty, Henrikson & greve

Zachary alexander Turner gabriel partners LLC

leah villalobos great Lakes Divorce Financial solutions

Ethan allen Welch Hickman & Lowder Co., L.p.A.

Rachel C. Wilson Wilson & gillissie, LLC

jason R. Wolfe McMaster-Carr supply


FEATuRE ARTICLEHEalTH CaRE laW BarJournalJ U LY / A U G U S T 2 015

By ISABELLE BIBET-KALINyAK

immigration reform is undoubtedly upon us. After decades of stability, immigration laws and Department of Labor regulations applicable to U.S. companies employing foreign nationals are soon to get a makeover.

The Trump administration has announced sweeping reform and bolstered enforcement in order to better protect American workers. As the physician shortage worsens, hospitals and health systems will therefore face unprecedented challenges to recruit and retain physician talent. Recruiting foreign nationals has to be and remain part of a comprehensive strategy to build and maintain a qualified, diversified, and engaged physician workforce. Lack of familiarity with immigration law and procedures should not deter employers from tapping into the skills of International Medical Graduates (IMGs), provided organizations exercise planned cautiousness in navigating the complexities of immigration law and its interdependence with labor and employment laws at the state and federal level. In the wake of the upcoming overhaul of the immigration system, employers should assess internal compliance with the current laws and regulations. In doing so, taking into account the following key issues and best practices is paramount because they do not solely impact immigration counsel but also effectively affect health care and labor and employment attorneys alike.• The Association of American Medical

Colleges (AAMC) predicts that the effects of the physician shortage will be most acute

in surgical specialties and rural areas. There are currently more than 6,000 primary care Health Professional Shortage Areas (HPSAs) and 4,000 mental health HPSAs. IMGs, who already represent more than 20% of first year residents and nearly 25% of practicing physicians, are more valuable than ever in the midst of this worsening physician shortage because they are more likely to pursue a career in primary care services and seek work in rural areas than their American-born counterparts.

• IMGs depend on residency programs and U.S. employers to sponsor their temporary work visa and lawful permanent residence (LPR) status, the proverbial “green card,” in order to stay in the U.S. The most two common types of visas for foreign residents are the J-1 and the H-1B visa, which is the most prevalent for physicians post-residency or fellowship. Employers must understand a few concepts regarding these visas before recruiting foreign nationals in

order to ensure that these individuals will be able to stay and work in the U.S. long enough to be productive for the U.S. employer.

• A J-1 visa holder must technically return to his or her home country for two years upon completion of training and will therefore require a J-1 visa waiver. State-based J-1 visa waivers are available but they are very competitive as each state only grants 30 waivers each year. Employers must therefore assess the likelihood of obtaining such a waiver and whether they can fulfill all the requirements before courting an otherwise very attractive candidate.

• H-1B visa holders need not return home for two years upon completion of residency or fellowship but they can only stay in H-1B status for a period of six years maximum, unless one of three narrow exceptions applies and the employer is willing to sponsor the foreign national’s green card. Employers are therefore best advised to evaluate this 6-year ticking clock and the

at the Dawn of Immigration ReformCompliance Pitfalls to avoid in Employing foreign nationals in Health Care Settings

216.831.7171 cp-advisors.com

Here, it’s about more than just numbers.

EXP3RT1S3


potential paths to LPR status during the early stages of the recruitment process.

• Compliance with the Department of Labor and the United States Citizenship and Immigration Services (USCIS) immigration regulations requires meticulous documentation, including petition-specific document retention guidelines. Employers should establish initial and periodic training for personnel involved in recruiting and hiring foreign nationals, including the proper processing of Form I-9 for employment verification eligibility1 and non-discrimination laws based on national origin or citizenship status. For example, an employer is not allowed to ask a candidate whether he or she is a U.S. citizen or a green card holder. On the other hand, asking whether a candidate will require sponsorship for an employment visa now or in the future is permissible.

• Financial and administrative penalties for the employer can accrue exponentially, particularly since the scope of an investigation is not limited to the allegations underlying the original complaint of an aggrieved party. Fines range from $1,000 to $35,000 per violation and other penalties encompass debarment from approvals

of any immigration petitions for at least one year, which can be catastrophic for certain employers. Thus, being flagged as a “willful violator” may hinder the employer’s recruitment efforts for years. Foreign nationals and their families may themselves face dramatic consequences up to deportation.

• Employment agreements are an area where the interdependence between immigration law and labor and employment law is most visible and renders the literal use of template employment agreements for foreign nationals risky because the various visas and J-1 state waivers have inherent statutory restrictions. For example, under Ohio law, the employment agreement of a physician with an underlying J-1 state waiver cannot contain any non-compete terms and obligations. Thus, the compensation of a physician on an H-1B visa, must at least be equal to the highest of the prevailing wages for that specialty among all the Metropolitan Statistical Areas (MSAs) in which the physician works, including all “on-call” locations and all locations where such physician rounds. As a result, employees must carefully assess the prevailing wages for all existing

or potential worksite locations before extending contract offers to applicants. Non-guaranteed income, including all types of bonuses, non-guaranteed incentives, and non-monetary compensation and perks, cannot count toward the minimum base salary being compared against the prevailing wage of the applicable MSAs. Health care entities, including hospitals, should therefore not utilize compensation models without a guaranteed base salary equal to at least such prevailing wage and based solely on productivity (e.g., wRVUs) for foreign nationals on temporary work visas as they do not meet the Department of Labor requirements.

• Employers may at times be tempted to use contractual terms placing the burden of immigration filing fees and legal costs on foreign nationals, either directly or indirectly through claw back provisions. As described in greater details in Smart Business,2 this approach is prohibited for certain types of visa applications. For example, employers must bear the entire cost of all H-1B visa petitions and PERM applications. Who can or should pay for immigration fees and costs should therefore be addressed on a case by case basis. State law may also place an additional layer of complexity on whether an employee may bear the burden of immigration fees and legal costs.As illustrated by the above key points,

healthcare executives and in-house lawyers that understand the interplay between staffing, employee retention, immigration regulations, and labor and employment laws can best further the goals of their organizations to enhance access to quality patient care. To learn more about immigration strategies within health care settings and compliance, you may contact Isabelle Bibet-Kalinyak.

1 See “Handbook for Employers, Guidance for Completing Form I-9 (Employment Eligibility Verification Form),” available at https://www.uscis.gov/sites/default/files/files/form/m-274.pdf

2 Smart Business, “Why template employment contracts don’t work with foreign nationals,” June 1, 2015, available at http://www.sbnonline.com/article/why-template-employment-contracts-dont-work-with-foreign-nationals/

Isabelle Bibet-Kalinyak is a business attorney with the law firm of McDonald Hopkins LLC (www.McDonaldHopkins.com). Her practice focuses on health

care law (transaction and compliance) and business immigration, primarily in health care settings. She has been a CMBA member since 2015. She can be reached at (216) 348-5736 or [email protected].


welcome.

The Conference Center at the Cleveland Metropolitan Bar association offers excellent options to meet your needs and save you money for groups of four to 400.

15,000+ square FeetAV included400 seat Auditorium Reception AreasRooms of Varying sizes

ClassroomsAttached parkingVideo ConferencingFree Wi-FiCatering Available

CleMetroBar.org/ConferenceCenter

We here at the CMBa are meeting planners ourselves, so we know how many details go into executing a successful event. We do our absolute best to make sure every experience is seamless. You forget an easel, or need an extra registration table? We’ve got you covered, free of charge. Our “all inclusive approach” lets you deal with one contact for all set up, AV, and catering needs. We can host board meetings, trainings, receptions, staff retreats, yoga, the list goes on. Best of all, our doors are open to all of Cleveland, whether or not you are part of the legal community. If you are someone who needs space, we have it. Check us out today!

SarahThe “AV Guy” lucy

Cuisine Consultant MelanieHVAC Technician

Contact Melanie Farrell at (216) 539-3711 or [email protected].


All events are held at the CMBA Conference Center at noon unless otherwise noted. information is current as of publication date.

20PlI – 1 p.m.

21PlI – 8:30 a.m.Estate Planning, Probate & Trust law Section lunch & ClEgrievance Committee MeetingInsurance law Section

22litigation Section Meeting

23Court Rules Committee MeetingSmall & Solo Section Meeting (Aladdin’s Independence)

24Medical/legal Summit – 12 p.m.Pro Se Divorce Clinic – 10 a.m. (Law Library)Pro Se Plus – 1 p.m. (Law Library)

25 saturdayMedical/legal Summit – 8 a.m.

27

28Spring Cleaning ClE – 1 p.m.federal Court video – 1 p.m.

293Rs Committee Meeting

30Reach Out for Nonprofits Seminar & Brief advice Clinic – 7:30 a.m.

31

MarchMonDay TUESDay WEDnESDay THURSDay fRIDay

April3greater Cleveland Bench-Bar Memorial Program (Carl B. Stokes u.S. Courthouse 19A)

4CMBf Executive Committee Meeting – 8:15 a.m.grievance Committee Meeting

5PlI – 8:30 a.m.

6PlI – 8:30 a.m.WIl Section MeetingylS Council Meeting

7

10 11aDR Section MeetingHot Talksjfa Committee MeetingCMBa Executive Committee Meeting – 1 p.m.

12CMBf Board of Trustees MeetingStokes Scholars MeetingUPl Committee MeetingWorkers’ Comp Section (State office Building)vla Committee Meeting

13Ethics Committee MeetingPillars ProgramReal Estate law Section lunch & guest Presentation

14lawyers’ Mental Health & Wellness Committee

17PlI – 8:30 a.m.

18PlI – 8:30 a.m.gambling ClE – 1 p.m.Estate Planning, Probate & Trust law Section lunch & ClEgrievance Committee MeetingInsurance law Section

19PlI – 8:30 a.m.CMBa Board of Trustees Meeting

20labor & Employment Conference – 8:30 a.m.family law Section lunch & ClEMovie night – 7 p.m.

21labor & Employment Conference – 8 a.m.Pro Se Divorce Clinic – 10am (Law Library)

24PlI – 8:30 a.m.

25Real Estate Spring ClE – 9 a.m.PlI – 8:30 a.m.Membership Committee Meetingfederal Court video – 1 p.m.

26litigation Section3Rs Committee MeetingPlI – 1 p.m.

27Special Education law forum – 8 a.m.Court Rules Committee MeetingSmall & Solo Section (Aladdin’s Independence)

28Cleveland Mock Trial – 9 a.m. (Justice Center)

MonDay TUESDay WEDnESDay THURSDay fRIDay


listingsclassifieds

Employment

Small downtown Cleveland law firm seeks to hire a part-time (20 hours/week) associate attorney with 2–4 years’ experience, to join the firm’s growing education and state and local tax law practice. At minimum, the successful candidate will provide legal and online research; draft discovery, pleadings, legal memoranda, contracts, and related legal documents; attend administrative hearings, assist with labor negotiations and employment and student related matters and perform general due diligence and legal services beneficial to the office. Candidates should possess a strong academic background and good written and oral communication skills. Hourly-rate compensation commensurate with experience and background. Please send resume and writing sample to [email protected].

Law practices Wanted/For sale

Established workers’ compensation firm looking to increase client base by taking over an existing book of clients. If interested in discussing this, please call (216) 990-7951.

Office Space/Sharing

Downtown

820 W. Superior ave – 2 large offices available in existing suite with 4 other attorneys. Full amenities. Support staff space available. Call (216) 241-3646.

55 Public Square Building – Large corner office, 17th floor, Beautiful Lake views, Secretary Space Available, Call Jim or Kevin at (216) 696-0600.

55 Public Square – office available in nicely decorated suite with receptionist, fax and copier. (216) 771-8084.

Downtown Cleveland – Rockefeller Bldg. @ w. 6th & Superior. Exceptional office space, exceptional value. All window space, no interior offices. Contact Ben Cappadora or Therese Manos at (216) 696-3929.

IMg Center – E. 9th and St. Clair – office space available in suite with several other attorneys. Telephone, receptionist, fax, copier, secretarial available. Referrals possible. Contact Ty Fazio at (216) 589-5622.

leader Building – office space available in elegant suite with several other attorneys, receptionist, optional secretarial space, library/conference room, fax, copier, telephone system, kitchen. (216) 861-1070 for information.

Terminal Tower – Law offices available in prime location with reception area, secretarial space, conference room, copier, fax and kitchen. Reasonable rent. Call (216) 241-2022.

Unique Cleveland Warehouse District – Executive and Associate offices with available full services, amenities, and referrals. Convenient to courthouses, restaurants, and parking. Call Pam MacAdams (216) 621-4244.

suburbs – East

Beachwood – 24100 Chagrin. Small office in lawyer suite. All amenities. Perfect for beginner, part-time, or semi-retired lawyer. $650.00. Referrals possible. (216) 696-0808.

Beachwood – Single office. New. Nice. Fair price and possible case sharing. (216) 244-3423

Beachwood – Green Road near Chagrin. Prime office space. Also small to large office suites in Class A building. Receptionist, westlaw, conference room, office furniture included. up to 6 offices available. $500 –$750 per office inclusive. Possible legal referrals. (216) 514-6400, ext. 324.

Beachwood – office for lease, either fully furnished or vacant (216) 856-5600

Beachwood – office in gorgeous suite on Chagrin. Copier, fax, conference room and other amenities provided. Possible litigation referrals. Contact Craig w. Relman. (216) 514-4981.

Beachwood – LaPlace Mall, corner of Cedar and Richmond near Beachwood Place and Legacy village. upper level, sunny office space available with the usual amenities. Separate area for assistant. Free underground parking. Call (216) 292-4666 or email [email protected].

Bedford – Law offices available with conference room/library, kitchen, receptionist, and mentoring from C|M grad with 40+ years legal experience. (440) 439-5959

Cedar-Center – large corner office in Class B building. $450 all inclusive except phone (216) 381-6570

Chagrin falls – Furnished office available with other attorneys in eastside law firm. Chagrin Falls location with parking. $500/month includes

office, wiFi, kitchen and conference room. Contact [email protected].

Highland Heights – Fantastic offices available. Includes receptionist, waiting area, conference room, kitchen, phone, printer/copier/fax, Internet. Space available for paralegal/secretary. Contact Annette at (440) 720-0379 or [email protected].

Hoyt Block Building – window office available in stylish suite with many amenities, including comfortable conference room. Close to County Courthouse, popular restaurants and plentiful parking. Call (216) 781-7956.

Mayfield Heights – Beautiful office space available with conference room, receptionist, all necessary law firm amenities, complementary practices. Rent negotiable. (440) 473-5262.

Mentor – Two offices available at Carrabine & Reardon. Expense sharing arrangement is negotiable. Great location! Contact Jim Carrabine at (440) 974-9911.

suburbs – south

Brecksville – Conference room and mailing services available in the Ganley Building for $50 or $150 per month. Possible legal referrals. (440) 526-6411, ask for Laurie.

Independence – Lawyers have office(s) with shared conference room, receptionist, copier, kitchen. $500/mo. Possibility of sharing support staff. Rockside Road. (216) 236-2400.

Parma/north Royalton – office spaces in modern suite available now. Contact Paul T. Kirner at (440) 884-4300.

Seven Hills – Law office for rent – Rockside Road, Seven Hills Corner office in prime location with Internet, copy, fax, scanner, telephone, receptionist. Two conference rooms. $1,000 per month. Call Anthony at (216) 401-7763.

suburbs – West

avon – New office space with multiple professionals. Great for networking. Desirable location across from Avon Commons on Detroit Road. Many included amenities. Contact Doug: (440) 937-1551.

Fairview Park Office Space – Beautifully remodeled. Many amenities included. As low as $475 per month. Call (440) 895-1234 to schedule a visit.


listingsclassifieds

Westlake – one/Two offices in Gemini Towers across from Crocker Park; includes phones, fax, copier, wi-fi, receptionist, conference room. Call (440) 250-1800 to schedule a visit.

services

appraiser – Personal Property, Art, Antiques, Residential Contents. 15 years experience providing uSPAP compliant personal property appraisals – divorce, estate/probate, family division. Gabrielle Goodman, ISA (216) 501-0666 – www.clevelandappraisalconsultants.com

Business appraiser/forensic accounting – For shareholder disputes, domestic relations, ADR, estate planning, and probate – Terri Lastovka, CPA, JD, ASA – (216) 661-6626 – www.valueohio.com

Commercial Real Estate – Premier Development Partners – Highly experienced professionals in business real estate acquisition/dispositions and development. Brian Lenahan (216) 469-6423 or [email protected].

Experienced attorney willing to co-counsel cases in Cleveland and all municipal courts – Contact Joe at (216) 363-6050.

Experienced Expert Witness for probate, estate planning or related matters. ACTEC Fellow since 1994. Harvard Law. EPC “Planner of year 2006.” Herb Braverman at [email protected].

Experienced Process Server – Super competitive prices – flat rate $50/address within Cuyahoga County. First attempt within 24 hours. Pente Legal Solutions (216) 548-7608 or [email protected]

freelance Proofreading – Heather Terry, [email protected] (330) 813-0291 –Confidential and timely proofreading and editing services. Rates starting at $0.025/word.

looking to slow down or starting to think about retirement? Attorney with established probate/estate planning/small business practice looking to expand current practice; (216) 245-8861

Marcoauction.com – Court: Estate and Probate, Divorce, Power of Attorney; Real Estate: Residential and Commercial; Appraisals: Insurance, Jewelry and Antiques; and Chattle Items: Farming equipment – Marco Marinucci, Auctioneer – (440) 487-1878 or [email protected]

Security Expert – Tom Lekan – [email protected] – (440) 223-5730

Trial attorney – Experienced trial attorney in business litigation, personal injury, and complex family law. (25+ trials). Federal and State. [email protected]; (440) 782-7825.

video Conference, Deposition facility – Plaza west Conference Center, Rocky River offers conferencing and remote video, “smart” whiteboard conference facilities for 5–33 participants. plazawestcc.com (440) 333-5484.

advertise Here! First 25 words are free for members ($1 per additional word, all words $2 for non-members). Contact Jackie Baraona at [email protected].


Earn CLE anytime, anywhere.

Take up to

12 hours of self-study

credit.

A great variety of programs to choose from.

You Know Us

Ohio MetroBar Associations Akron

Toledo

Dayton

Cleveland

Cincinnati

C

C

CLE Self-Study

Convenience | Selection | Affordability

Earn up to 12 hours of Ohio CLE credit online at Cleveland.FastCLE.com

The Cleveland Metropolitan Bar Association offers high-quality online CLE, convenient way for you to earn up to 12 hours of Ohio CLE credit per reporting period.

Our online CLE programming allows you to take CLE courses on a wide variety of topics, any time of the day, any day of the week. And, at only $45 per hour for

members and $60 per hour for non-members, our online CLE is also cost-effective.

For more information or to view course listings, please visit Cleveland.FastCLE.com or call (216) 696-2404.


Take up to

12 hours of self-study

credit.

A great variety of programs to choose from.

You Know Us

Ohio MetroBar Associations Akron

Toledo

Dayton

Cleveland

Cincinnati

C

C

CLE Self-Study

Convenience | Selection | Affordability

Earn up to 12 hours of Ohio CLE credit online at Cleveland.FastCLE.com

The Cleveland Metropolitan Bar Association offers high-quality online CLE, convenient way for you to earn up to 12 hours of Ohio CLE credit per reporting period.

Our online CLE programming allows you to take CLE courses on a wide variety of topics, any time of the day, any day of the week. And, at only $45 per hour for

members and $60 per hour for non-members, our online CLE is also cost-effective.

For more information or to view course listings, please visit Cleveland.FastCLE.com or call (216) 696-2404.

Convenience | selection | Affordability

Earn up to 12 hours of ohio ClE credit online at Cleveland.fastClE.comThe Cleveland Metropolitan Bar Association offers high-quality online CLE, a convenient way for you to earn up to 12 hours of Ohio CLE credit per reporting period.

Our online CLE programming allows you to take CLE courses on a wide variety of topics, any time of the day, any day of the week. And, at only $45 per hour for members and $60 per hour for non-members, our online CLE is also cost-effective.

for more information or to view course listings, please visit Cleveland.fastClE.com or call (216) 696-2404.



New Associations & promotions

Tucker Ellis LLP is pleased to announce that it has elected the following attorneys to the firm’s partnership: jonathan feczko, joseph koncelik, Carl Muller, and justin Rice.

Tucker Ellis LLP is pleased to announce that it has promoted the following attorneys to Counsel:

Erica james, jennifer Mesko, Tom Peppard, Christine Snyder, and james Warren.

ulmer & Berne LLP is pleased to announce the promotions Daniel gottesman, Richard Hamilton, jr., Brad Sobolewski, and ulmer’s General Counsel, kenneth Zirm to partner. The firm is pleased to announce the addition of veteran health care attorney anne Strassfeld as Counsel.

amy Ryder Wentz, an attorney in the Cleveland office of Littler, has been elevated to shareholder.

Sutter o’Connell is pleased to announce that Rob Cahill has been elected as a shareholder.

Schneider Smeltz Spieth Bell LLP announces kyle B. gee has become a Partner in the firm.

walter | Haverfield LLP is pleased to welcome Brendan D. Healy and jennifer a.

Heimlich to the firm.

Thompson Hine LLP has elected new partners: Eric S. Daniel, William M. Henry, and Conor a. Mclaughlin.

Jackson Lewis P.C. is pleased to announce Daniel Messeloff has been elevated to Principal.

Rolf Goffman Martin Lang LLP is pleased to announce that Christopher kuhn and W. Cory Phillips have become partners with the firm. allison lansell and joseph f. Petros III were named 2017 Rising Stars.

Honors

jackson lewis P.C., is pleased to announce the firm has been recognized for excellence in Tier 1 of the 2017 u.S. News – Best Lawyers® “Best Law Firms” Metropolitan rankings. In addition, the firm was named the national 2017 Law Firm of the year in the Employment Law – Management category.

FisherBroyles, LLP is pleased to announce Suzanne kleinsmith Saganich has been selected as a 2017 ohio Super Lawyer in the following practice areas: Real Estate, Commercial Loan Transactions, Finance, Business/Corporate.

Rutter & Russin, llC has been named a Tier 1 firm in Cleveland for Insurance Law by u.S. News – Best Lawyers “Best Law Firms” in 2017.

Thacker Robison Zinz LPA proudly announced that two attorneys were selected as 2017 ohio Super Lawyers: Stacy RC Berliner (Insurance Coverage/Business Litigation) and Mark I. Wallach (Business Litigation/Real Estate Litigation). Additionally, Teresa g. Santin was selected to the Rising Stars list in the area of Business Litigation.

Hahn Loeser & Parks LLP is pleased to announce Rocco I. Debitetto and Daniel a. DeMarco were both recognized as Top 50: Cleveland Super Lawyers in Bankruptcy and Top 100: ohio Super Lawyers in Bankruptcy.

Robert J. Fedor, Esq., LLC is proud to announce that the following attorneys have been named ohio Super Lawyers and ohio Super Lawyers Rising Stars: Robert j. fedor jr., Michael T. arnold (Rising Star), and Benjamin C. Heidinger (Rising Star).

Announcements

Kaufman Drozdowski & Grendell, LLC is pleased to announce the start of a newly-formed law firm.

Members art kaufman, jim Drozdowski, Henry grendell, and Rose Marie l. fiore combine their large firm and general counsel experience to provide sophisticated representation in the areas of labor and employment, business litigation and general corporate matters. amie laBahn is of Counsel to the firm.

Betsy Rader is proud to announce the opening of her law firm, Betsy Rader law llC, where she primarily practices plaintiff-side employment law and also

offers mediation services. Betsy brings 30 years of experience to her new firm, including both employee-side employment law and defense-side law firm experience, as well as in-house, government and non-profit experience.

Cleveland-Marshall College of law is set to unveil the new Judy and Robert H. Rawson, Jr. Learning Commons, an open, “smart” space that will enhance technologically advanced collaborative learning.

McCarthy Lebit is pleased to share the ohio State Bar Association has certified ann-Marie ahern as a specialist in labor and employment law.

niki Schwartz will be retiring from the representation of clients effective March 31, 2017, but will continue to conduct mediations and arbitrations, for which he has

been named a Best Lawyer and a Super Lawyer for more than a decade.

briefsthe briefcase

March 2017

Cleveland Metropolitan Bar association1375 East 9th street, Floor 2, Cleveland, Ohio 44114-1785

Cleveland Public Auditorium

10th

AnnualMeeting

friday, june 2, 2017

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