All Rise - Winter 2014
All Rise Winter 2014 - "Reforming Health Care in America"
THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF L AW All Rise WINTER 2014 Reforming HEALTH CARE IN AMERICA AFFORDABLE CARE ACT RIPPLES THROUGH LEGAL COMMUNITY INSIDE n n n Leading Ohio’s Legislature College launches distance learning innovations International connections in the classroom Exposure Students discuss an upcoming national security simulation designed by Professor Dakota Rudesill. A R 2 T H E O H I O S TAT E U N I V E R S I T Y TODD CALLENTINE Dean’s Letter Executive Editor GARRY W. JENKINS Associate Dean for Academic Affairs firstname.lastname@example.org Editors BARBARA PECK Chief Communications Officer email@example.com MONICA DEMEGLIO Communications Coordinator firstname.lastname@example.org Contributing Writers MICHAEL PERIATT Communications Writer SARAH PFLEDDERER Communications Writer SHAY TROTTER Communications Writer Design STUDIO 630 Studio630.net Signs of gratitude n Firsts. Law school is full of first-time experiences. Perhaps you held your first significant leadership experience in a student organization. You probably represented clients for the first time in one of our law clinics or mooted your first big argument before a panel of judges in Appellate Advocacy. Many students purchased their first business suits in law school. How was the course of your professional or personal life first affected by the law school? At Moritz, we build careers. Through rigorous course work, internships, challenging writing experiences, numerous extra- and co-curricular options, and a stimulating intellectual environment, we offer a transformative experience. As a result, from the first job to the last job – and through the many new firsts along the way – a Moritz education makes a difference. We are diligently working to educate and train the next generation of lawyer-leaders: the ones who will follow in the footsteps of our current alumni, like those currently leading in the Ohio Statehouse (see page 50). This year we’ve welcomed two new faculty members with expertise in health law, and, when you turn to the cover story (see page 40), you’ll understand why. We are using technology in the classroom to expand our offerings and prepare students for the world in which they will practice (see page 28). One of the great joys of faculty life is watching students seize opportunities from these first experiences. The students (and the alumni they grow into) inspire us. In the current challenging environment for law schools and the profession, alumni support is increasingly a differentiating factor among law schools. Moritz continues to flourish because of the support of our community of alumni, faculty, staff, and students. Indeed, we are still innovating, cultivating new programs, developing new courses, and creating new first experiences. In fact, many of our most recent graduates (i.e., those earning degrees in the last decade) are helping Moritz rise to new heights through participation in a targeted giving campaign benefiting the law school. For many they are making their first philanthropic gifts to the college. As the beneficiaries of the generosity of alumni who came before them, they know what an impact giving can have on our students. Will you join in making a first gift? Or, perhaps, in renewing your prior gift to the college? Every gift, no matter the size, has a genuine impact on the college and individual students as they experience their own set of legal firsts. All Rise is published by: The Ohio State University Moritz College of Law 55 W. 12th Ave. Columbus, OH 43210 Phone: (614) 292-2631 moritzlaw.osu.edu Do you want to share your thoughts on a topic covered in All Rise? Send a letter to the editor by emailing Barbara Peck at email@example.com, or mail a letter to the address above. Letters may be edited. Diverse viewpoints are presented in this publication, and they do not necessarily reflect the official policies of the law school. TODD CALLENTINE Alan C. Michaels Dean and Edwin M. Cooperman Professor of Law Moritz College of Law | W I N T E R 2 0 1 4 3 Contents 24 18 12th & High WINTER 2014 14 18 Term Preview Professors share their expert analysis of cases being heard this U.S. Supreme Court term. Broadening Global Network The college extends its global reach while connecting American and foreign students through the Moritz LL.M. Program. Features 36 24 Students Helping Students Alumni who are experts in tax law share their thoughts on reform and the practice area itself. 1 Degree, 10 Careers Ohio State law students get real experience mediating real problems in Columbus-area schools. 40 Health Care Reform 28 Training for the 21st Century 4 T H E O H I O S TAT E U N I V E R S I T Y The Distance Learning Initiative is just the latest classroom innovation inside Drinko Hall. Complex and controversial, the Patient Protection and Affordable Care Actâ€™s impact on insurance reform and the health care system is examined. IN EVERY ISSUE 3 7 Dean’s Letter Notebook Law school is full of firsts. 50 40 50 Although at different stages of their political careers, William G. Batchelder ’67 and Keith Faber ’91 have much in common as they lead Ohio’s lawmaking bodies. Catch up on news from the college. 26 Overheard in Saxbe Guests offer fresh perspectives on current issues. 32 34 56 Faculty Q&A Joshua Dressler discusses the big criminal cases of the year. In Print Joseph “Josh” Stulberg co-authors a second edition of The Middle Voice. Alumni Profiles All Rise tells the stories of Craig Bryson ’00, Shariq Kathawala ’08, and Keisha Hunley-Jenkins ’05. 59 Alumni Notes Legislative Leaders Discover what is new with alumni from around the world. “You have to help them achieve their legislative goals, and it can be tough keeping all the frogs in the wheelbarrow, but I have the best job in politics right now.” - Keith Faber ’91, president of the Ohio Senate Hunley-Jenkins ’05 Moritz College of Law | W I N T E R 2 0 1 4 5 Michael E. Moritz ’61 50¢ ﬁrst gift Before he was a partner at a national law ﬁrm, before he helped create a worldwide health care industry services provider, before he gave $30 million to forever change education for Ohio State law students, Michael E. Moritz was a donor. Small Gestures are Signs of Great Gratitude. Whether it’s your ﬁrst gift or your hundredth, it matters. Notebook PEOPLE • PROMOTIONS • HONORS • EVENTS • QUOTES • NEWS • AND MORE TODD CALLENTINE Nikki Trautman Baszynski ’13 is the first Greif Fellow in Juvenile Human Trafficking. Greif trust gives $250K to aid trafficking victims n Some of Ohio’s most vulnerable minors will benefit from free legal services provided through a new public service fellowship at The Ohio State University Moritz College of Law funded by a $250,000 grant from the Greif Packaging Charitable Trust. The Greif Fellowship in Juvenile Human Trafficking is devoted to providing legal representation and advice to child victims of human sex and labor trafficking in Ohio. The state has the unfortunate distinction of being a leader in the number of victims affected by this lucrative, black-market business. Nearly one-third of all trafficking victims in Ohio’s major metropolitan areas entered the commercial sex trade before their 18th birthday, according to an Ohio Attorney General’s Office report. Many are homeless and have dropped out of school – increasing their susceptibility to those who would do them harm. Juvenile victims can face serious legal issues once they become involved with a trafficker, ranging from the equivalent of adult criminal charges to running afoul of child protective services for placing their own children in risky situations and environments. The Moritz College of Law, supported by the Greif Packaging Charitable Trust, will hire, train, and maintain a one-year fellowship for the next four years. Fellows will be supervised by Professor Kimberly Jordan, the director of the Justice for Children Project, who joined Moritz in 2011 after an impressive career in juvenile legal services. The fellow will provide quality representation in a full range of criminal and civil legal matters affecting juvenile human trafficking victims, carrying a caseload of up to 50 youth clients at a time. Additionally, the fellow will assist in obtaining protection orders from the court to ensure victims’ safety from their traffickers, helping undocumented victims adjust their immigration status, and keeping families together in cases where victims have children. “Although invisible to the majority of the population, human trafficking is a terrible problem in Ohio and around the world,” said Gary Martz ’82, Greif executive vice president and general counsel. “This new fellowship will provide needed services and support to the young victims in Ohio. We want these children to know that there is someone on their side who can and will be an advocate for their legal rights and help them obtain needed care and treatment, so they can escape the heinous life that’s been forced upon them.” Martz continued, “With each victim Moritz College of Law | W I N T E R 2 0 1 4 7 Notebook helped, we intend to drive a nail in the coffin of human trafficking.” Martz, an ardent supporter of the college’s fellowship programs, approached Dean Alan C. Michaels in 2012 about establishing a fellowship wholly dedicated to serving juvenile human trafficking victims. “Gary showed true leadership in getting this fellowship established, and his actions will help countless children who have been forced into unimaginable circumstances,” said Michaels, the Edwin M. Cooperman Professor of Law. “This fellowship also provides our graduates with experiences in practice that new lawyers do not often have. It’s an outstanding opportunity for them early in their careers.” Ohio State’s law school has a long history of serving children clients, most notably through its Justice for Children Project and its affiliated clinical program. Moritz is one of the few law schools in the country to offer a Certificate in Children Studies. Graduates who earn that distinction have a passion for and expertise in representing children in delinquency, child protection, and immigration disputes. The first Greif Fellow is Nikki Trautman Baszynski ’13. Prior to law school, Baszynski was a founding teacher at the Columbus Collegiate Academy, one of the highest-performing public middle schools in Columbus, and is a Teach for America alumna. At Moritz, she founded two student groups, the Education Law Society and SPEAK, which aims to enhance diversity and create an open dialogue about diversity issues in the college. The Ohio State University awarded her the prestigious Distinguished Diversity Enhancement Award in 2013. In her first weeks as a Grief Fellow, Baszynski worked to develop relationships with county courts, juvenile attorneys, coalitions, task forces, agencies, and nonprofit organizations to find juvenile human trafficking victims in need of legal help. She already has received referrals from around the state. “Finding juvenile victims is much harder than one would anticipate,” Baszynski said, “because they often view their traffickers as ‘boyfriends’ and have been manipulated into distrusting the people who could help them. Gaining their trust to keep them from returning to the people who exploit them will take great effort.” Baszynski continued: “It is an honor to be the first fellow, and I look forward to building relationships across the state with the many incredible individuals already devoted to this effort to lay the foundation for future fellows to serve the overwhelming legal needs of survivors.” In addition to reaching out to legal aid and social service organizations, Baszynski has spent time collaborating with homeless shelters, churches, food pantries, health care providers, and more to raise awareness that free legal help is available for juvenile human trafficking victims. – Monica DeMeglio To Refer Clients Individuals or organizations interested in referring potential clients should call (614) 292-3326 or visit go.osu.edu/greif. If you think someone is a victim of human trafficking, call the National Human Trafficking Hotline at 1-888-373-7888. Daniel C.K. Chow Chow, Fairman take on dean duties n Professors Daniel C.K. Chow and Christopher M. Fairman started the new academic year with an additional title: dean. Chow is the new associate dean for international and graduate programs, which gives him greater opportunity to work with the Moritz College of Law’s LL.M. program for foreign-trained lawyers. Chow, the Joseph S. Platt-Porter Wright Morris & Arthur Professor of Law, is an expert in Chinese law, foreign trade investment, and international intellectual property issues. He has given presentations on those topics across the U.S. and abroad, including in China. Fairman is the new associate dean for faculty at Moritz. The position of service rotates among faculty members and was last held by Donald B. Tobin, the Frank E. and Virginia H. Bazler Designated Professor in Business Law. Fairman, the Alumni Society Designated Professor of Law, is a national expert in civil procedure, legal ethics, and taboo language. His writings have covered the practice of “heightened pleading,” ethics in the area of alternative dispute resolution, and protection of four-letter words under the First Amendment. Fairman is an award-winning teacher not only at The Ohio State University but was in his previous career as a high school history teacher in Texas. – Monica DeMeglio Christopher M. Fairman 8 T H E O H I O S TAT E U N I V E R S I T Y Notebook Professor receives lifetime achievement award n Joseph “Josh” Stulberg, the Michael E. Moritz Chair in Alternative Dispute Resolution, received the 2013 American College of Civil Trial Mediators’ Lifetime Achievement Award. Stulberg has been active in the ADR field as a practitioner, scholar, and teacher since 1973. He has written books on mediation strategy and theory and served as co-chair of the editorial board of the American Bar Association’s Dispute Resolution Magazine. He is a former vice president of the American Arbitration Association in charge of its Community Dispute Services Program. He is one of the nation’s pre-eminent mediator trainers. With the U.S. Attorney General’s original Neighborhood Justice Center programs in Atlanta, Kansas City, and Los Angeles, Stulberg trained more than 8,500 people in 45 states to serve in court, agency-based, or community-based dispute resolution programs. He’s developed programs or helped to train others in Florida, Michigan, and New York and abroad in Central and Eastern Europe. – Monica DeMeglio BY THE NUMBERS 30 5 Day in the life of a student hours spent reading. ounces of caffeine consumed, usually in the form of coffee or Diet Coke. hours spent with student groups and law school extracurricular activities, such as a journal. opportunities to score free pizza or sandwiches served during lunch-hour programs. pounds of casebooks, notes, and other materials hoisted from home to class to the library and back home again. steps climbed between classes and meetings in Drinko Hall. 3 4 Two professors join national boards Take a look at the Law School Admission Council Board of Trustees and the American Civil Liberties Union Board of Directors for some familiar faces. Ruth Colker, Distinguished University Professor and the Heck Faust Memorial Chair in Constitutional Law, has been appointed to the national ACLU Board of Directors. Colker is one of the nation’s leading scholars in constitutional law and disability discrimination and the author of prize-winning books. “Thrilled and honored to learn I’ve been elected to National Board of ACLU. Promise to do my utmost to protect our civil liberties!” Colker said in a Tweet in September. (Follow her @RuthColker.) Assistant Dean Robert L. Solomon II ’88 was been appointed to a two-year term on the LSAC board starting in June. Solomon, assistant dean for admissions and financial aid and director of Office of Diversity & Inclusion, previously served on several council committees and subcommittees. Founded in 1947, the LSAC is best known for administering the Law School Admission Test (LSAT) and processing academic credentials for law school applicants. “LSAC is a tremendous source to law schools throughout the country,” he said. “I am honored to serve in this capacity.” – Monica DeMeglio 18 54 186 6.5 searches. hours of sleep before doing it all over again. Moritz College of Law | W I N T E R 2 0 1 4 9 Notebook Researcher part of $18.7M grant to study tobacco Administration in its new role of regulating the tobacco industry. The National Institutes of Health awarded an $18.7 million grant to Ohio State for the research center, which is one of 14 established nationally under a new federal initiative, the Tobacco Centers of Regulatory Science Program. Berman, an assistant professor who holds joint appointments at The Ohio State University’s Moritz College of Law and the College of Public Health, made headlines around the world this summer for a study he helped conduct that showed the average smoker costs an employer $5,800 annually. The greatest expense was lost productivity due to daily smoke breaks. Prior to joining Moritz, he established and directed the Center for Public Health and Tobacco Policy at New England Law | Boston and directed the Ohio Tobacco Public Policy Center. – Monica DeMeglio American Constitution Society wins national award n A student group at The Ohio State University Moritz College of Law has been recognized for its outstanding programming by the American Constitution Society for Law and Policy. The ACS chapter at Moritz was among only 25 chapters of 200 nationwide to receive a “Programming Award,” recognizing its accomplishment of holding 20 or more events during the 2012-13 academic year. The Moritz group is among the most active in the country. – Barbara Peck n Professor Micah Berman, an expert in tobacco regulation, will be among a team of researchers at The Ohio State University studying tobacco use patterns, industry marketing practices, and public perceptions to help the Food and Drug Grassbaugh Project accepting clients The Captain Jonathan D. Grassbaugh Veterans Project is accepting client referrals, as fundraising efforts continue in order to serve even more veterans in need of legal assistance in the areas of housing and consumer issues. Housing matters may include landlord-tenant issues, evictions, and foreclosure; consumer issues extend to creditor/debtor and credit agency disputes, as well as assisting in cases involving relief from default judgment. Free assistance is provided by volunteer lawyers and students from the Moritz College of Law who are trained to work with veterans on these issues. The project was started by Jenna C. Grassbaugh, now a 3L at Moritz, in memory of her late husband, who was killed while serving in Iraq. She donated $250,000 from insurance money she received after his death to help fellow veterans returning home and facing myriad issues. She hopes others will match her gift, which would enable 2,000 hours of free legal services to be provided annually. To refer clients or for more information on making a gift to the Grassbaugh Veterans Project, visit moritzlaw.osu.edu/grassbaugh. – Monica DeMeglio 10 T H E O H I O S TAT E U N I V E R S I T Y Notebook Professors elected to American Law Institute n Professors Steven F. Huefner and Marc Spindelman were elected to the American Law Institute, an independent U.S. organization that produces scholarly work to clarify, modernize, and otherwise improve the law. Made up of more than 4,000 lawyers, judges, and law professors, ALI drafts, discusses, revises, and publishes restatements of the law, model statutes, and principles of law that influence the courts and legislatures, as well as in scholarship and legal education. Huefner is a professor of law, director of the clinical programs, legislation clinic director, and a senior fellow with Election Law @ Moritz. Before joining the faculty, he practiced law for five Marc Spindelman years in the Office of Senate Legal Counsel, U.S. Senate and for two years in private practice at the law firm of Covington & Burling in Washington, D.C. Huefner has published a number of articles and the book From Registration to Recounts: The Election Steven F. Ecosystems of Five Huefner Midwestern States, co-authored with his Election Law @ Moritz colleagues. His research interests are in legislative process issues and democratic theory, including election law. Spindelman is the Isadore and Ida Topper Professor of Law. His recent scholarship focuses on certain problems of inequality, chiefly in the context of sex and death. His work has recently appeared in the Columbia Journal of Gender and Law, Michigan Law Review, and Ohio State Law Journal, among others. He regularly teaches Family Law, Constitutional Law, Advanced Constitutional Law, Bioethics and Public Health Ethics, and Sexual Violence. Prior to joining Moritz, Spindelman was a Reginald F. Lewis Fellow for Law Teaching at Harvard Law School, taught as a visiting instructor at the University of Michigan Law School, and spent two years as a Greenwall Fellow in Bioethics and Health Policy at Georgetown University and Johns Hopkins University. While a Greenwall Fellow, Spindelman was also an adjunct professor of law at the Georgetown University Law Center, a faculty associate at the Johns Hopkins University Bloomberg School of Public Health, and a research fellow at the U.S. Food and Drug Administration’s Center for Drug Evaluation and Research. Huefner and Spindelman join as members of ALI fellow faculty members Martha Chamallas, Robert J. Lynn Chair in Law; Albert L. Clovis, professor emeritus of law; Joshua Dressler, Frank R. Strong Chair in Law; Edward B. Foley, Chief Justice Thomas J. Moyer Professor for the Administration of Justice and the Rule of Law and director of Election Law @ Moritz; Larry T. Garvin, Lawrence D. Stanley Professor of Law; James E. Meeks, professor emeritus of law; Alan C. Michaels, dean and Edwin M. Cooperman Professor of Law; Dale A. Oesterle, J. Gilbert Reese Chair in Contract Law; Michael D. Rose, professor emeritus of law; and Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law. – Barbara Peck Notable Quotables “One cannot punish a nation with economic sanctions without harming the population. A solution to the nuclear confrontation needs to be found — diplomacy is the right approach.” – Professor John B. Quigley in an opinion piece published in The Orange County Register about sanctions against Iran in reaction to its nuclear program. “The disclosure showed something refreshing for a young technology company these days: Twitter is acting like an adult.” – Professor Steven M. Davidoff discussing Twitter’s prospectus for an initial public offering in his DealProfessor column in The New York Times. “They can lie to anybody.” – Professor Ric Simmons discussing with The Plain Dealer police using fake drug checkpoints near Cleveland to gauge the reactions of drivers. “The Supreme Court’s decision says that part of what made the Federal Defense of Marriage Act unconstitutional was that the federal government didn’t have a good reason for treating marriages between same-sex couples … just like traditional cross-sex marriages.” – Professor Marc Spindelman in a live interview with the Dino and Stacy radio morning show on Sunny 95. Moritz College of Law | W I N T E R 2 0 1 4 11 Notebook Women LL.M. students participated in the panel discussion “What It Means to Be a Woman Attorney Around the World.” • “Invisible Barriers: The Modern Day Melting Pot” featured a panel of professors, students, and professionals examining various issues affected by race, including interactions between peers and colleagues in the classroom and workplace. • One. For. Ten. is an online documentary series about wrongful convictions, and its director and three death row exonerees featured in the series came to talk about the criminal justice system and life after being released. • Finally, “How Diversity in the Workplace Affects You!” covered the importance of diversity to employers; using diversity to position oneself for employment; answering questions about ethnicity, gender issues, and affiliations; and the value of becoming culturally competent as a legal professional. The student groups that organized and sponsored these events look for engaging speakers all year long. To learn more, contact Director of Diversity & Inclusion Robert L. Solomon II ’88 at solomon.51@ osu.edu. - Monica DeMeglio TOP: Students applaud at the end of a Diversity Week program in the William B. Saxbe Law Auditorium. CENTER AND BOTTOM: Clips from the online documentary series One. For. Ten. were screened prior to a panel discussion with three subjects. • Diversity Week addresses substantive issues in law n Diversity Week is something students, faculty, and staff at The Ohio State University Moritz College of Law always look forward to celebrating, and this year’s programming did not disappoint. Daily events tackling everything from the struggles women lawyers face in other parts of the world to hearing from death row exonerees the chilling details of the difficulties they faced after rejoining society. The event series involved many student groups and was organized by the Moritz Office of Diversity & Inclusion; the college’s Diversity and Inclusion Committee of faculty, staff, and students; and the diversity committee of the Student Bar Association, chaired by 2Ls Ryan Ragland and Yaima Seigley. • During an immigration panel discussion, “The Changing Landscape of Immigration,” professors, legal practitioners, and political activists talked about the promises, benefits, and complications of immigration reform. • LGBT marriage equality was the topic of discussion in “Where Are We Now? Gay Marriage in Ohio and in America.” 12 T H E O H I O S TAT E U N I V E R S I T Y MONICA DEMEGLIO Notebook Professor featured in Life After Law n Professor Katrina Lee is one of 30 former practicing attorneys featured in a new book, Life After Law. The book tells the stories of former lawyers who left law practice and successfully pursued rewarding careers. Lee, who teaches in the areas of legal writing and alternative dispute resolution at The Ohio State University Moritz College of Law, is the only law professor featured in the book. Lee joined Moritz in 2011; the book captures Lee’s personal and professional journey from San Francisco law firm partner to professor at Moritz. The book offers this appraisal: “Katrina Lee was, by any measure, phenomenally successful in private practice. … Her commercial litigation career was stellar.” Lee was elevated to equity partner in her seventh year of practice, making her one of the youngest in the history of her firm to achieve that distinction. Based in San Francisco then, she litigated in California state and federal district courts and represented Fortune 100 companies in all phases of litigation. The author comments, “(Lee’s) skills as a writer and editor were admired throughout the firm and among her co-counsel, something I know from being one of them.” The book takes note of Moritz’s “strong legal writing program” and its “renowned Alternative Dispute Resolution program.” Life After Law’s author is Liz Brown, a Harvard-trained former law firm partner and now an assistant professor of business law at Bentley University in the Boston area. – Monica DeMeglio Moritz professor leads presidential search subcommittee n Professor Deborah Jones Merritt is leading an advisory subcommittee in the search for the next president of The Ohio State University. Merritt is working with the subcommittee responsible for representing and seeking input from the university community; delineating the desired qualities, skills, and experiences from the next president; and helping generate the pool of candidates to replace E. Gordon Gee, who retired July 1. In addition to Merritt, the 13-member subcommittee includes faculty members, elected student leaders, staff, and senior administrators. They will report to the Presidential Search Committee, which is being chaired by Jeffrey Wadsworth, a member of the university’s board of trustees. Merritt is the John Deaver DrinkoBaker & Hostetler Chair in Law at the Moritz College of Law. She has been honored as a Distinguished Lecturer (1999), University Distinguished Scholar (2002), Distinguished Teacher (2009), and recipient of a Distinguished Diversity Enhancement Award (2004). From 2000-2005, she directed the John Glenn Institute, which has since become the John Glenn School of Public Affairs. ARGUENDO Professor Marc Spindelman, left, offers legal analysis following the Nov. 14 performance of Arguendo at the Wexner Center for the Arts. The play is about the 1991 Supreme Court case Barnes v. Glen Theatre, Inc. TODD CALLENTINE Moritz College of Law | W I N T E R 2 0 1 4 13 12th & High Supreme Court term The air we breathe. The power of the presidency. Unlimited political donations. Affirmative action. Where we can be sued. These are just some of the big issues the Supreme Court of the United States will take up this term. BY BARBARA PECK n “The last term was a blockbuster term. It is a very exciting time to be a lawyer. This term promises some of the same excitement,” Dean Alan C. Michaels said. Several professors at The Ohio State University Moritz College of Law sat down to preview cases in their areas of expertise. United. In that case, the court held unconstitutional a federal law prohibiting campaign expenditures from corporate treasuries. Since then, the nation’s seen the rise of SuperPACs and other organizations allowed to make unlimited campaign expenditures, often without disclosure of where their money is coming from. In McCutcheon, the court will consider the aggregate contribution limits to candidates, parties, and PACs. Under federal laws enacted in 1974 and revised in 2002, there are limits on the amount an individual may contribute in each Moritz professors preview McCutcheon v. Federal Election Commission Four years ago, the Supreme Court opened the floodgates to corporate political spending with its decision in Citizens 14 T H E O H I O S TAT E U N I V E R S I T Y 12th & High federal election cycle to different types of entities. In 2013-14, an individual may contribute up to $2,600 to a single federal candidate; $32,400 per year can be donated to any political committee set up by a national political party; $10,000 per year can be donated to any political committee set up by a state or local political party; and $5,000 per year can go to any other political committee — including non-party PACs. The total, or aggregate, amount that any one individual can donate for the two years of the current cycle is $123,200. Of that total, $48,600 can be donated to federal candidates, and $74,600 can go to PACs and parties. “Campaign finance law has received unprecedented attention in the last few years, especially since Citizens United was decided in January 2010,” said Daniel P. Tokaji, the Robert M. Duncan/Jones Day Professor of Law and senior fellow at Election Law@Moritz. “Right now, contributions can be regulated, but independent expenditures can’t be. The basis for this distinction is the Supreme Court’s view that contributions are more likely to lead to corruption than expenditures, and that spending limits can’t be justified by the interest in promoting equality. The ultimate result is a greater proportion of political money coming from outside groups, as opposed to candidates and parties.” In the last election cycle, 2011-12, the aggregate limits on contributions to candidates and parties prevented plaintiff Shaun McCutcheon from going forward with a plan to contribute to 28 different federal candidates (all within the base limit individually), and from donating to the Republican National Committee and its committees helping GOP candidates for Senate and House seats. “The question in McCutcheon is whether aggregate limits can be justified as a means to prevent corruption,” said Tokaji. “Past decisions have allowed contribution limits that are closely drawn to prevent corruption, but the Roberts court has defined corruption very narrowly, as a quid pro quo – a contribution made in exchange for a political favor. And Citizens United took equality off the “Campaign finance law has received unprecedented attention in the last few years, especially since Citizens United was decided in January 2010.” - Daniel P. Tokaji, Robert M. Duncan/Jones Day Professor of Law table, as a rationale that can ever justify spending limits. ” The court upheld the contribution limits in 1976 when it decided Buckley v. Valeo. The defendant, the Federal Election Commission, urged the court to dispose of McCutcheon without briefing and oral argument, contending the decision in Buckley settled the constitutionality of aggregate limits on donations and arguing that nothing has changed in campaign finance law or later decisions to alter the previously decided case. The court rejected that argument, and the case was argued in October. “Even though our democracy is premised on the idea that rich and poor alike should all have an equal voice, equality has become the Voldemort of campaign finance law,” said Tokaji. “It is the idea that must not be named, if any regulation is to survive constitutional scrutiny. The result is that, as long as the current Supreme Court sits, we are likely to see the brick-by-brick dismantling of our campaign finance laws. The question is how big a brick McCutcheon will be.” not only whether general jurisdiction lies over a corporation that does substantial business in a state but is neither incorporated nor has its principal place of business there, but also whether the contacts of a corporate subsidiary can be attributed to a foreign parent corporation for purposes of this analysis. “If you care about your clients, you care about this case,” said Arthur F. Greenbaum, the James W. Shocknessy Professor of Law. “This case will have the most impact of any case this term on clients and law practice. These issues are hard and very hotly contested.” In 1976, the president of Argentina was overthrown, resulting in the Dirty War, when the military declared war on political dissidents. Daimler operated a facility in Argentina, and the company often identified political enemies of the new government. These enemies were often beaten, murdered, or just disappeared. A subsidiary of Daimler operates in California and distributes Mercedes Benz cars throughout the state. The survivors and their families are attempting to sue Daimler in California courts. The U.S. Court of Appeals for the Ninth Circuit allowed the lawsuit to go forward by attributing the contacts of the subsidiary to the parent. “In the personal jurisdiction area, the Supreme Court has emphasized the idea that defendants should be able to plan around where they will be subject to lawsuits,” Greenbaum said. “But, should a company be able to avoid jurisdiction by manipulating its corporate structure, here by outsourcing its distribution chain to a subsidiary corporation tightly under its control, rather than having the parent distribute the product directly in the forum?” Daimler AG v. Bauman This case is one of general personal jurisdiction. In it, the court will address Moritz College of Law | W I N T E R 2 0 1 4 15 12th & High “the constitutionality of a state amendment that alters the process by which supporters of permissible race-conscious admissions policies may seek to enact those policies.” This is a case about the political process, and about whether racial minorities can be denied the power to try to persuade college officials to adopt programs that would benefit those minorities and were found constitutional, the Sixth Circuit noted. The majority concluded that Proposal 2 made it harder for minorities to get state government even to consider adopting race-conscious programs, thus making the political process itself unequal. Walden v. Fiore Walden is a case of personal jurisdiction in federal courts that many think could have large implications. The case involves two professional gamblers who hit it big in Puerto Rico and were on their way home to Nevada, via a layover in Atlanta. A local officer, who was a deputized Drug Enforcement Agent, noticed their loot and confiscated the $97,000 in cash, filing a false affidavit in the process. The gamblers left for home without their winnings, which were finally returned after much delay. The gamblers are now suing the federal agent for an intentional tort and want to bring the case in Nevada, not Georgia. “There has been a lot of overreaction to the Ninth Circuit’s opinion in this case,” Greenbaum said. “The sky is not falling, despite the protestations of the U.S. government, the Chamber of Commerce, and others in their briefs that the Ninth Circuit is opening up a floodgate of litigation against law enforcement officials, among others, who act in one state knowing that the acts will have an impact in the other. That is not what the Ninth Circuit test does. The case provides a vehicle for the court to clarify the test it set forth in Calder for when actions taken in one state are expressly aimed at another warranting jurisdiction in the target state.” “There has been a lot of overreaction to the Ninth Circuit’s opinion in this case.” - Arthur F. Greenbaum, James W. Shocknessy Professor of Law Schuette v. Coalition to Defend Affirmative Action Last year, at the end of the term, the court decided the affirmative action in higher education admissions case, Fisher v. Texas. Schuette is also an affirmative action case involving higher education admissions, this time involving the state of Michigan. “This is not Fisher 2.0,” Professor Christopher J. Walker said. “This case involves a very narrow, not often-used, principle of constitutional law – the political restructuring doctrine.” In 2003, the court upheld the University of Michigan’s use of race as a factor in law school admissions. In response, Michigan voters in 2006 passed Proposal 2, a ballot initiative that banned the use of race as a factor in higher education admissions and other areas. A similar proposition passed in California in the mid-1990s. “This case is not another challenge to the constitutionality of the use of affirmative action,” Walker said. “That is not the question. The question is whether a state can change the process for which it makes such decisions in a way that negatively or positively affects race.” In the past, the board of regents at various Michigan universities made decisions relating to affirmative action. If citizens did not like the decisions made by the regents, they could vote them out. “By passing the amendment that bans affirmative action, the decisions are no longer being made at the board level but would require another constitutional amendment,” Walker said. The U.S. Court of Appeals for the Sixth Circuit, sitting en banc, found the process a violation of the 14th Amendment. The majority concluded the question was Environmental Protection Agency v. EME Homer City Generation For more than 40 years, the Environmental Protection Agency has attempted to regulate air pollution as it drifts from one state to another. “The Clean Air Act is a bit of a beast,” Professor Cinnamon Carlarne said. “This case implicates complex questions of environmental law and administrative law.” The Clean Air Act requires states to create State Implementation Plans (SIPS) that detail not only how the state will bring its own air quality into compliance with federal standards but also, pursuant to the “Good Neighbor Provisions of the Statute,” how it will prevent pollution that “contribute[s] significantly” to air quality problems in downwind states. If a state fails to submit a SIP or if the EPA rejects it, the EPA is required to put in place a Federal Implementation Plan (FIP) to ensure compliance with the relevant standard until the time that the state submits a new or revised SIP. Over the years, the EPA has crafted multiple regulatory regimes to ensure compliance 16 T H E O H I O S TAT E U N I V E R S I T Y 12th & High with the good neighbor provisions of the statute and, thus, curb cross-state air pollution. Following a series of early but limited efforts, the EPA made its first real stab at developing a regulatory regime for cross-state air pollution. This effort, the 2005 Clean Air Act Interstate Rule (CAIR), was challenged and ultimately rejected by the D.C. Circuit (although the rule was left in place while the EPA developed a replacement rule). The D.C. Circuit struck down CAIR in 2008, in large part because the EPA had proposed an interstate trading program that failed to ensure that each upwind state controlled its own “significant contribution” to downwind pollution. After the D.C. Circuit rejected CAIR, the EPA went back to the drawing board and developed the rule at issue in EPA v. EME Homer City Generation L.P. (consolidated with American Lung Association v. EME Homer City Generation L.P.), the Cross State Air Pollution Rule, more commonly known as the Transport Rule. In key part, the Transport Rule identifies 28 upwind states that emit excessive quantities of certain pollutants, develops a market-based strategy for reducing emissions based on modeling of each state’s contributions and taking into account economic efficiency, and, then based on prior findings that the states had failed to adopt adequate SIPs to control relevant pollutants, establishes federal implementation plans to do so. “The EPA took the D.C. Circuit’s critique of CAIR and used it to craft the new Transport Rule and, thus, they thought they had a viable rule,” Carlarne said. “But, they were overturned yet again by the D.C. Circuit.” The Supreme Court is now set to review the D.C. Circuit’s rejection of the Transport Rule. The EPA argues the D.C. Circuit exceeded its jurisdiction and erred on the merits of the case. The outcome of this case is critical not only to the future of the Transport Rule and, thus, EPA’s efforts to address cross-state air pollution, but also to future efforts on the part of the EPA to use market-based mechanisms as central components in complex regulatory regimes. has surrounded the question of when the Senate is in recess. In recent years, senators sometimes have gone to great lengths to avoid being in recess and susceptible to recess appointments. In the case of the NLRB, the refusal of the House of Representatives to consent to a prolonged adjournment of the Senate had led the Senate, at the start of the second session of the 112th Congress, to meet pro forma every third day. The NLRB appointments were made on a day they were not meeting. The Supreme Court will confront two questions: Does a period of adjournment that occurs during a session of the Senate count as a “recess,” permitting a recess appointment, or was President Obama entitled to make recess appointments only during the period National Labor Relations Board v. Noel Canning The court also will take up a question of presidential power this term when it addresses recess appointments. For several years, the National Labor Relations Board had not operated at full strength because its appointees were stuck in the approval process. The board, which is comprised of five members, operated with just three from March 2010 through December 2011. At that point, the board dropped to two members, which meant it lacked a quorum and was essentially unable to decide cases. President Obama appointed three new members during a U.S. Senate recess. Under the Recess Appointments Clause, the president may “fill up all vacancies that may happen during the recess of the Senate.” Recess appointees serve until the end of the next session of the Senate, unless they receive Senate confirmation in the interim. “There are really two questions here: What is a ‘recess?’ What is a vacancy that ‘happens during a recess?’ ” said Peter M. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law. “The court could really decide this six different ways.” The U.S. Court of Appeals for the District of Columbia held the appointments unconstitutional. Its decision concluded that only a vacancy that first occurs during a recess could be filled with a recess appointment. “Since the 1820s the executive branch has held the position that the vacancy did not have to occur first during a recess,” Shane said. “The D.C. Circuit did not have to go as far as they did in its opinion. Even conservative scholars do not think it is right.” The more debated point over the years Peter M. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, has written about recess appointments for The Huffington Post. of adjournment between the first and second Senate sessions of the 112th Congress? Second, if the president is entitled to make recess appointments during periods of adjournment in the midst of a Senate session, is a three-day period of adjournment long enough to count R as a “recess?” A Moritz College of Law | W I N T E R 2 0 1 4 17 12th & High A broadening global network College’s LL.M. program enhances classroom experience, U.S. legal profession BY MONICA DEMEGLIO n In a parking lot near the Fisher College of Business on The Ohio State University campus, Thompson Buck is giving his former boss, Ruijin “Reking” Chen, a driving lesson. Chen spent the last six years as an intellectual property lawyer in China, including two years with the IP group of Jones Day’s Beijing office. He has handled trademark enforcement and prosecution, IP licensing and transfer, IP due diligence, and other IP commercial matters. More recently, he supervised Buck during a nine-week summer internship in Beijing. Now, the two are classmates at The Ohio State University Moritz College of Law, where Chen is a student in the Master of Laws (LL.M.) Program. The one-year program is designed for foreigntrained lawyers to learn about the U.S. legal system, improve their professional language skills, and strengthen their global network. This year’s group of students herald from 14 countries, from Lithuania to Japan to Saudi Arabia, where women are just beginning to join the legal profession. “Jones Day is an international firm, and many of our clients are U.S. companies. Studying for a year in the U.S. will help me communicate better with them and advise them better,” Chen said of his reasons for coming to Ohio State. “I managed trademark portfolios for clients in 45 countries, so I really need to know people from all over the world. I think this program will help me greatly.” Buck believes the same holds true for 18 T H E O H I O S TAT E U N I V E R S I T Y TODD CALLENTINE 12th & High his career aspirations, too. The American 2L has a strong desire to practice international law after graduating in 2015. It’s what compelled him last year to connect with the LL.M. staff, who introduced him to Chen, a prospective student. The two exchanged emails and chatted over Skype. Their exchanges were meaningful enough for Chen to feel comfortable recommending to superiors that they bring on Buck for a summer internship in Beijing. In mere months, they have built a strong relationship professionally and as friends. They are a realization of the hopes faculty members had when launching the program seven years ago. Ellen E. Deason, the Joanne Wharton Murphy/Classes of 1965 and 1973 Professor in Law, was the faculty director of the Moritz LL.M. Program from 20062010 and helped lead the creation of the program. At the time, the college was seeking to internationalize as a means of enhancing the educational experience for J.D. students and creating a global network of Moritz alumni. “All of the other top-ranked law schools had LL.M. programs. Our philosophy was that the world is becoming much more internationalized and transnational, and we owed it to our J.D. students to give them exposure to that,” Deason said. “Our graduates may never go work in another country, but they increasingly are going to have practices that involve international transactions or include considerations about how other countries think about the law.” Learning about other countries’ approaches to law often begins with classroom discussions, Deason and other Moritz professors explained. Many of the foreign lawyers are accustomed to practicing in civil law systems, and there can be robust conversations about the differences between those systems and the U.S. common law system. Just getting an LL.M. student’s reaction to the question, “Is this how it would work in your country?” elicits a response that heightens classroom discussion, Deason said. “We are just being trained to be attorneys, and these are full-fledged attorneys in their home countries,” Buck said. “So “Our philosophy was that the world is becoming much more internationalized and transnational, and we owed it to our J.D. students to give them exposure to that.” – Ellen Deason, the Joanne Wharton Murphy/Classes of 1965 and 1973 Professor of Law their contributions augment the classroom experience and have only deepened my J.D. experience.” Daniel C.K. Chow, associate dean for international and graduate programs, recalled an LL.M. student he had during the 2012-13 academic year who was quite successful in his home country. That student offered reasoned opinions about how business is conducted in Europe and why some approaches were more ideal than the American way. “Best practices in comparative law have led to great solutions for problems that are really multilateral,” said Laura Fernandez, who joined the college this fall as the new assistant dean for international and graduate affairs. Before she came to lead the Moritz LL.M. Program, Fernandez made a career of looking at the best practices of foreign legal systems and applying them to issues faced by post-Communist countries trying to join the European Union. Over the last eight years, she monitored war crimes cases at the International Criminal Tribunal for the former Yugoslavia at The Hague, Netherlands and later led the Rule of Law Unit for the Organization for Security and Cooperation in Europe in Zagreb, Croatia. “We would take ideas that worked in one country with a similar background – post-Communist, post-war – and use it to develop a system in another country. For example, I would develop a system for victims and witnesses and how they should be dealt with in court in Croatia,” she said, “and the same system would be implemented in Bosnia and Herzegovina. “Any lawyer today who does not have that kind of global perspective is at a disadvantage,” Fernandez said. “Looking from the outside and seeing how legal issues are interconnected will make any lawyer a better lawyer.” Program benefits profession While the Moritz LL.M. Program directly benefits J.D. students and the foreign lawyers who come to Columbus to study, it also is affecting the greater legal profession in positive ways. Approximately 60 foreign lawyers have graduated from LISA EGGERT The Moritz LL.M. Program has quadrupled in size since starting in 2007. This year’s 33 students represent 14 different countries. Moritz College of Law | W I N T E R 2 0 1 4 19 12th & High the program, and some have acted as in transcontinental business exchanges. The Moritz LL.M. Program also has created a pool of international lawyers seeking to gain experience with American firms and other employers through Optional Practical Training (OPT). The program, administered by U.S. Citizenship and Immigration Services, allows international students to remain in the U.S. up to one year after finishing their degree programs in positions that are relevant to their major area of study. Zhide “Derek” Li, LL.M. ’13 is working as a legal intern in the Cleveland office of Ulmer & Berne LLP under OPT. He assists with domestic and international clients in mergers and acquisitions, trademark, employment, corporate finance, securities, corporate governance, and international trade matters. While his year in the Moritz LL.M. Program gave him a greater understanding of the legal system, the practical experience he is gaining at Ulmer & Berne brings it into greater focus. It also will make him more marketable when he returns to China to resume his legal career there. “I compare it to the effect on J.D. students of working during the summer in law school and the way they return in the fall with a better understanding of the law after seeing it in action,” Deason said. “It’s not a difficult process to hire a student through OPT, and I hope more of our alumni consider sponsoring people this way.” Chow recalled how one U.S. firm benefited from hiring another program graduate. Yali “Celia” Li, LL.M. ’11 spent a year working under OPT for Porter Wright before returning to China. She is now a managing partner at a firm there, and she often exchanges clients with her colleagues from the U.S. office where she worked. “This is a quality business relationship that has developed,” Chow said. “It allows law firms to expand their influence. It never hurts to have a contact in a foreign country – whether it’s China or Brazil or South Africa – who you trust because they spent three months or a year at your firm. Relationship-building is key to doing LL.M. Class of 2014 worked, and some of Rowaished’s former Saudi classmates are working toward getting their licenses now. She hopes that an LL.M. degree from a distinguished American law school will elevate her to a position where she can make a difference for future generations of women lawyers. “I was determined to go back and TODD CALLENTINE “Maybe I can be a role model for other women who want to do this.” practice family law, but now I am thinking of changing my mind after being here,” Rowaished said of her time at Moritz. “After I’ve seen the way of teaching here – which is extremely different – I would like to go back and teach that way. Maybe I can be a role model for other women who want to do this.” OHOUD ROWAISHED Jeddah, Saudi Arabia Rowaished is a pioneer in her home country, where women are just beginning to gain access to legal careers. A 2011 graduate of the King Abdul-Aziz University, she came to The Ohio State University in March 2012 to study English as part of the university’s intensive American Language Program. “I wanted to improve my language before I started taking my law classes here,” Rowaished said, adding with a laugh that her 6-year-old son has adopted a better accent than her own. “His English is better, too!” Conservative groups back home have made it difficult for Saudi women to practice law there. Women are allowed to work as legal counsel or stand before the court as an agent, but they are barred from presenting themselves as a lawyer or from obtaining a license to practice. “The king has taken gradual steps toward change in our legal system, including women’s right to practice. So why not request our right?” In Saudi Arabia, she participated in the “I’m a Lawyer” initiative, which was aimed to seek the license from lawmakers and change public opinion on women practicing law. The initiative JAD RIZK Keserouan Kfarhabab, Lebanon Rizk already studied criminal law in multiple countries before arriving at the Moritz College of Law in August. He received his B.A. and master’s degrees in French and Lebanese law from the Holy Spirit University of Kaslik, studied criminology in Paris, and then went to work for the Appeal Chamber of the Special 20 T H E O H I O S TAT E U N I V E R S I T Y MONICA DEMEGLIO 12th & High Tribunal for Lebanon in The Netherlands. Among the cases the tribunal is trying is the 2005 killing of the former prime minister of Lebanon. “I was passionate about criminal law long before I came here, but for me (Professor Joshua) Dressler is like a genius. He’s just perfect,” Rizk said. “He’s always willing to talk with you, and that never happened in my home country with professors there. He just asks you four or five questions and lets you do the thinking for yourself – defend your point of view for yourself. Then he holds discussions after class on TWEN. An hour and 10 minutes in class is not enough. “The teachers here are really special.” Rizk plans to take the bar exam in New York City after finishing the Moritz LL.M. Program. He would like to stay and practice criminal law in the U.S. “Everyone has so many different experiences to share, and everyone is really nice.” international law, Casafont hopes to practice in Europe and maybe join the United Nations staff one day. To that end, she hopes to spend this year improving her English language skills and broadening her contacts with lawyers from other countries. One of her best friends in the Moritz LL.M. Program is from Argentina. “Everyone has so many different experiences to share, and everyone is really nice,” she said. “I think we will keep in touch for a very long time.” RAN “GEORGE” GAI Beijing, China Gai wants to pursue a career in diplomacy one day – and his first goodwill mission is with the Moritz College of Law. As the first student from Zhongnan University of Economics and Law to study in the Moritz LL.M. Program, Gai wants to establish relationships with many of the faculty members at Ohio State. “I’m supposed to go back and report what’s happening here. There are going to be a lot of students who want to come here and will ask me questions. It’s my responsibility to help them and refer them to someone who can give them the detailed answers to their questions.” Gai himself was recruited by Daniel C.K. Chow, the Joseph S. Platt-Porter Wright Morris & Arthur Professor of Law. Chow was visiting Zhongnan University, and Gai was assigned to assist with transporting Chow and translating. “I took the job, but I was unnecessary,” Gai said. “Surprisingly, Professor Chow speaks very good Chinese for an American professor. So it was a good opportunity to talk with him about the LL.M. program and spending a year abroad.” Instead of living in an apartment com- “For me, this is an opportunity to experience American campus life and American culture. It will give me perspective on international law. plex with a large Chinese community, Gai opted for an apartment on Mohawk Street in German Village to fully immerse himself in the cultural experience of studying in the U.S. In his first few weeks, he took in a free theatrical performance in Schiller Park and dined at Schmidt’s. “I love German food – the sausages and giant pork – I loved it!” he said enthusiastically. When he returns to China at the end of the year, not only will Gai be equipped to talk about the merits of attending Moritz to prospective students, but he will be more marketable when looking for jobs. “For me, this is an opportunity to experience American campus life and American culture. It will give me perspective on international law. It will look good on my resume,” he said. “An LL.M. degree from the U.S. absolutely is valuable.” MONICA DEMEGLIO ADRIANA CASAFONT San José, Costa Rica After earning her law degree from the University of Costa Rica in 2011, Casafont spent a year drafting resolutions for a magistrate in the Constitutional Court, Supreme Court of Costa Rica. “In Costa Rica, the Constitutional Court has a lot of political power and can issue orders to other branches, and they have to respect the judicial power,” she said. With an interest in human rights and TODD CALLENTINE Moritz College of Law | W I N T E R 2 0 1 4 21 12th & High business anywhere in the world.” Chen, who is studying at Moritz on a scholarship from Jones Day, appreciated how supportive his former employer was of the decision to come study intensively at Ohio State this year. In addition to making contacts with classmates from other countries, he is gaining a better understanding of how American lawyers think. “I can get a sense of how (the J.D. students) will practice in the real world, which will help my clients when I return to China,” he said. “There are so many great resources here, and I want to fully utilize my one year here as much as possible.” Looking toward the future This year’s group of 33 LL.M. students is the largest and most experienced the college has hosted yet. While the program has quadrupled in size since it started in 2007, Fernandez said the intent will be to keep LL.M. class sizes small so the college can continue to provide individualized attention to students. Some peer schools have LL.M. programs of 100 or more students. Instead, her goal is to enhance the program’s global profile by recruiting even more qualified students and to more fully Where are they now? There are approximately 60 alumni of the Moritz LL.M. Program, and All Rise caught up with a few to find out what they’re doing now. more confused than when they first approached us. The LL.M. program changed my way of thinking and reasoning, which I think is appreciated by my clients and colleagues at Miranda.” Among the memories she cherishes of her time at Moritz: being invited to Thanksgiving dinner at the home of Ellen Deason, the Joanne Wharton Murphy/Classes of 1965 and 1973 Professor in Law; the first winter snowfall; and taking part in the University of Oxford-The Ohio State University Summer Law Program in England. n Chao “Phoebe” You, LL.M. ’09 is well known around The Ohio State University since taking the lead in 2010 as director of the university’s first global office outside of the U.S. – the China Gateway. The office was established to foster international collaboration among scholars and students and to promote Ohio State’s n Sofia Paramés, LL.M. ’08 returned to her home of Lisbon, Portugal and is an associate with Miranda, Correia, Amendoeira & Associados. She works mainly in the firm’s Portuguese, Angolan, and Mozambican jurisdictions, handling a range of issues in commercial, corporate, mining, and regulatory law. “I believe that a big part of my success as an associate in an international law firm is a direct result of the LL.M. program,” Paramés said. “As a student from a civil law country, we tend to theorize about everything, which frequently leaves our clients reputation in China. Originally from Weihai, Shandong, China, You is now in Shanghai, overseeing the operations at the China Gateway and maintaining relationships with alumni. “My LL.M. degree helps me in my job, even though I am not practicing, because it provides a solid foundation for me to evaluate controversial situations and make decisions,” You said. The Barrister’s Ball and potluck party she had while in the LL.M. program always bring a smile to her face. But her fondest memory is a trip her group took to Amish country. “It was the first time I visited a place where people choose to live without electricity and drive a buggy because of their religion. It made me realize Ohio is an amazing place where people are respected and that the U.S. is a great country that values diversity.” n Chatchamont “Cherry” Piyatanont, LL.M. ’08, ’09 is a business development manager at the Thai Credit Guarantee Corp., putting her two LL.M degrees – one in intellectual property and a second in business – to work. Being one of only two Thai students in the inaugural class of the Moritz LL.M. Program turned out to be a great marketing asset for Piyatanont. “The LL.M program at Moritz is quite new for Thai society, so it is more outstanding and interesting than other universities in the U.S. where Thai students graduate from a lot,” she said. “I also decided to apply to a university closer to the East Coast so that I could experience a real winter and snow. I miss driving in the snow.” 22 T H E O H I O S TAT E U N I V E R S I T Y 12th & High integrate them with the college’s J.D. students. “I would like to see them participate in the Mediation Clinic, join student groups, or even serve as an associate editor on a journal,” Fernandez said. “The people you meet in law school will be your legal network for years to come. The world is so globalized that you really don’t have a choice anymore to stay in your own legal bubble.” For Chen and Buck, life outside of the bubble already is more interesting. In addition to the driving lessons, Buck was helping Chen and his wife, Maggie, buy a dependable used car for their time here. He’s also returning a favor Chen provided in Beijing last summer: a referral to a good barber. “I receive a lot of help from Thompson,” Chen said. “From discussing class work to getting my hair cut.” Buck smiled. “Reking really welcomed me into his family and culture when I was in Beijing, and as much as possible, I hope to do the same this year,” he said. Then, looking toward his boss-turned-classmate, he added, “I think we’re going to be good R friends for a long time.” A Rutonesha and his wife clung to the family they were just starting in the United States. Their 3-month-old daughter gave them a sense of purpose and the strength to continue following their dreams in the U.S. “My favorite Ohio State memory is a feeling that I always belonged and to be part of something big and important,” Rutonesha said. “I also enjoyed the sense of community.” n Charles Rutonesha, LL.M. ’11 is pursuing a Doctor of Juridical Science (S.J.D.) at Indiana University. The Moritz LL.M. Program, he said, changed his outlook on the legal practice, and Rutonesha feels that his understanding of both common and civil law systems is an asset as a lawyer and academic. Rutonesha’s story of growing up Tutsi in Rwanda was featured in All Rise in 2010. He talked about being falsely imprisoned and his journey to realize his dream of studying in the United States. From thousands of miles away, he watched in horror the news coverage of genocide in his country. Almost his entire family was murdered. In a hopeless situation, n Zhide“Derek” Li, LL.M. ’13 is a legal intern at the Cleveland firm of Ulmer & Berne LLP, working under the Optional Practical Training program administered by U.S. Citizenship and Immigration Services. Li, who recently passed the New York bar, is assisting the firm’s domestic and international clients in mergers and acquisi- tions, trademark, employment, corporate finance, corporate governance, securities, and international trade matters. “I enjoyed freely choosing whatever courses I liked,” said Li, a native of Zhuhai, China. “I took some 1L classes for bar exam purposes in combination with some upper-level classes that really interested me, like Arbitration. Taking classes with American students and students from other countries is a great opportunity to learn from one another and will benefit my international practice.” Li did more than take classes with American students during his year in Columbus: He also jumped into Mirror Lake – an unofficial tradition for Ohio State students – prior to the 2012 game against the university’s longtime rival, the University of Michigan. “That and giving a speech at graduation give me great memories of Ohio State,” he said. n Alhassan “Hassan” Sulemana, LL.M. ’13 practices in the energy and natural resource practice group of Bentsi-Enchill, Letsa & Ankomah in his home country of Ghana. As an associate, he has advised local and foreign clients on the legal requirements for incor- porating a company in the extractive industries in Ghana and has conducted due diligence on behalf of clients in proposed joint ventures. Alhassan also is about to step into a new role: law professor. His degree from the Moritz LL.M. Program made him an attractive candidate, and he is able to teach in areas outside of his practice area of natural resources and environmental law. “At Ohio State, I had the opportunity to study courses I never studied before, which had really handicapped me in my approach to legal issues,” Alhassan said. “Corporate Finance, Investment Management Law, and Business Associations opened up new vistas for me, and I am able to consider issues more broadly than I would have previously.” Moritz College of Law | W I N T E R 2 0 1 4 23 12th & High Mikaela Mitchell, Robin Reichenberger, and Kayla Callahan stand in front of Waggoner Road Middle School in Reynoldsburg, Ohio, where law students help students, parents, and school administrators work through truancy issues. “You can get practical experience and something to put on your resume. You can develop a skill really early on.” – Kayla Callahan n When a juvenile has truancy issues, it may seem that legal action is the only option a school has to intervene. The student-run Truancy Mediation Project at the Moritz College of Law, however, allows parents, students, and schools to use their services as an alternative for addressing problems with attendance. “It offers the neutral third-party a chance to reach out to the family without it being a threatening situation between school and home,” said Denise Lutz, principal of Hannah J. Ashton Middle School, part of the Reynoldsburg City School district where Moritz students mediate. The Truancy Mediation Project, which began in 2009, is open to all Moritz students, including 1Ls, offering them the chance to gain practical experience early in their legal careers. This year, approximately 30 students have decided to become involved with the project. Robin Reichenberger, president of the group, immediately found the organization’s opportunities as something not to overlook. “I saw it was unique right away and jumped into it,” Reichenberger, a 2L, said. Kayla Callahan, a 2L and social chair of the organization, became involved in the group for the same reason. “You can get practical experience and something to put on your resume,” she said. “You can develop a skill really early on.” Interested students must first go through a 12-hour mediation training, which occurs over the course of two days. The training is taught by Marya Kolman, director of mediation services at the Franklin County Court, and generally involves lectures and role-playing Students helping students Truancy Mediation Project makes a difference in Columbus-area schools BY SHAY TROTTER 24 T H E O H I O S TAT E U N I V E R S I T Y TODD CALLENTINE 12th & High scenarios to prepare for possible truancy situations the students may encounter. The skills developed during the training process allow the students to remain neutral third-parties during mediation cases at the school. The Moritz students use their training to bring a standardized and disciplined approach to the mediations. “They’re very good about the techniques that they use for mediating. They’re not emotional or offering their opinion by any means,” Lutz said. Even with practice, some cases prove to be more difficult than others, according to Reichenberger. One instance involved a student who was the child of a deaf, single mother. To make the issue even more complex, he also had social and psychological barriers to conquer. Despite these obstacles, the group managed to achieve a successful outcome. “It was really difficult, but by the end we were able to come up with some agreements that worked for both parties,” Reichenberger said. Often the biggest task for both mediators and schools is to address truancy issues early enough to make a difference. According to social worker Cathy Ely, it can be difficult to pinpoint the most effective time to begin. “Honestly, I’m not sure what the exact right time is,” Ely said. “It may be case by case or whatever the student or family situation is. That is one of the challenges.” Although national data on truancy rates is not available, many large cities still report high rates of truancy, according to the U.S. Department of Justice. Evidence also has shown that if truancy is left unchecked, it can be a serious factor contributing to juvenile delinquency and result in negative consequences in adult years as well. The introduction of the Truancy Mediation Project in the schools, however, can help move a child’s education in the right direction before things get out of hand. “Often attendance issues are starting at the elementary level,” Ely said. “As the student gets older, the impact of our potential conversations lessens, because at some point it becomes a chronic issue for some students. The Truancy Mediation Project provides an additional layer to a comprehensive set of services.” When truancy does become an issue, it can be difficult for school administrators to convince parents just how serious the matter is and that it needs to be addressed. In Lutz’s opinion, the involvement of outside parties is what makes a difference. “I think with the parents it adds a sense of urgency to the situation because we’re bringing in ‘official’ mediators,” she said “So it’s apparent to them that we’re formally acknowledging the problem, and it’s no longer just a letter from the school.” Moritz students work on cases based on their own availability, but the ability to gain experience in mediation depends on the school. They can only participate as much as they are asked to contribute. “It really is up to the school administration there how much they want to use us,” Callahan said. For Reynoldsburg City Schools, the Truancy Mediation Project’s services are a valuable asset. “We’re glad to have any additional resources we can get,” Ely said. While working with the school district has been beneficial, both Reichenberger and Callahan would like to see the organization expand its presence to other public schools in Columbus and increase the number of students helped from the 10 who benefited last year. The group has already set up a new relationship with the Columbus Collegiate Academy, according to Reichenberger. Ultimately, their goal moving forward is to make the effects of truancy mediation known to as many people as possible. “We’d like to be active in the community and help solve a problem that really is easy to fix without having to make it become a larger issue affecting the kids, the parents, and the schools,” Callahan said. “It’s a great way for our students to get involved, and it’s also a great way for the parents, students, and teachers to R find out more about each other.” A “I think with the parents it adds a sense of urgency to the situation because we’re bringing in ‘official’ mediators. ... We’re formally acknowledging the problem, and it’s no longer just a letter from the school.” – Denise Lutz, Hannah J. Ashton Middle School principal Robin Reichenberger, president of the Truancy Mediation Project, addresses members during a training session this fall. LISA EGGERT Moritz College of Law | W I N T E R 2 0 1 4 25 Overheard IN SAXBE “Democracy is a moving target. What was called democracy in America in the 18th and 19th centuries would not be considered democracy today.” – Bruce Cain, the Charles Louis Ducommun Professor in Humanities and Sciences at Stanford University, delivering “Fixing American Democracy: The Quandaries of Political Reform” during a Democracy Studies Program event on Sept. 27. “I think we have to think of them as statesanctioned executions.” “There is a faulty assumption that every time you give people civil rights, you risk national security. There is a view that it is a zero-sum game.” – Patrick J. Fitzgerald, former U.S. Attorney for the Northern District of Illinois, discussing if and when terror suspects should be read Miranda rights during the annual David H. Bodiker Lecture on Criminal Justice on Oct. 8. – bell hooks, author and social activist, comparing the shooting deaths of Trayvon Martin and Jonathan Ferrell to lynchings in an Oct. 4 discussion about the George Zimmerman verdict with Sharon L. Davies, the Gregory H. Williams Chair in Civil Rights and Liberties and director of the Kirwan Institute for the Study of Race and Ethnicity. “I never doubted my innocence. … I doubted the system that put me in there and tried to murder me.” – Joe D’Ambrosio describing how he never abandoned hope of being set free during the 20 years he spent on death row because of a wrongful conviction. He and two other death row exonerees spoke during a Diversity Week program on Oct. 24. “When you speed up the pace at which you want to get better, you’re just going to see better results. That’s what has happened since the charter schools have come to be here in Ohio.” – Andrew Boy, at left, founder and director of the Columbus Collegiate Academy, participating in a panel discussion about the benefits and challenges of charter schools on Oct. 1. 26 T H E O H I O S TAT E U N I V E R S I T Y William B. Saxbe Sr. ’48 Before he was elected to the U.S. Senate, before he served as U.S. Attorney General for two presidents, before his name was put over an auditorium where United States Supreme Court justices would speak, William B. Saxbe Sr. was a donor. $25 ﬁrst gift Small Gestures are Signs of Great Gratitude. Whether it’s your ﬁrst gift or your hundredth, it matters. 12th & High Distance Learning Initiative highlights technology use in the classroom BY MICHAEL PERIATT n After posing a question in his Federal Antitrust Law class, professor Herbert Hovenkamp called on a student more than 520 miles away. Hearing her named called, the student pored over her notes and responded. Her answer from her seat in Columbus is beamed instantaneously across three states to Hovenkamp’s classroom in Iowa City, Iowa. Hovenkamp, one of the nation’s leaders on antitrust law and a law professor at the University of Iowa College of Law, and about 35 law students in his classroom looked up at a screen in the front of the classroom to take in her response. Just a few years ago, an exchange like this one would not have been possible. Now, thanks to cutting-edge technology and a partnership between The Ohio State University Moritz College of Law and Iowa’s law school, eight Moritz students are able take a class from a leading law professor at a different school from whom they otherwise would not have the opportunity to learn. Though distance learning might be the newest innovation, Moritz has been committed to using technology to enhance the learning process for more than a decade. All of the classrooms in Drinko Hall have been equipped with smart technology; electronic clickers help professors track their students’ understanding of the material; and the moot courtroom provides students the opportunity to practice arguing a case with all the features of a modern courtroom. Next semester, the roles will reverse, and Iowa students will take a class on election law from Daniel P. Tokaji, the Robert M. Duncan/Jones Day Designated Professor of Law at Moritz. “This is the wave of the future in legal education,” said professor Garry W. Jenkins, the associate dean for academic affairs at Moritz. “Unlike other sectors in higher education, law schools have relatively little experience with distance learning or online education. However, recent economic circumstances, 28 T H E O H I O S TAT E U N I V E R S I T Y 12th & High competitive pressures, and technological advances have led law schools to begin a number of experiments. ” Jenkins credited Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law, for initiating the collaborative relationship with his counterpart at the University of Iowa. “However, it took a fair amount of planning and coordination, research, and memos, as well as negotiation and approvals to get it done. The enormous effort it took for both schools to provide their students with Memorial Designated Professor of Law. “The technology is pretty slick.” Using technology to facilitate learning, including distance learning, has become increasingly popular in higher education, but the traditional method of watching a teacher talk, taking notes, and being tested on the material isn’t effective for legal education, Hovenkamp said. “Teaching is a dialogue,” he said. “The old-fashioned kind of distance learning is mainly one-way communication, and there’s basically no limit to the number Hovenkamp said. “He calls on us just as much as he calls on Iowa students,” said Ricky Braun, a 3L at Moritz and a student in the class. “It’s pretty seamless.” The class is considered a pilot at this point, but if it’s successful, Jenkins said the plan is to expand its use and partner with other universities, especially law schools within the Committee on Institutional Cooperation, which consists of Big Ten schools and the University of Chicago. For now, only one classroom is furnished with the distance learning technology, but the other classrooms at Moritz incorporate technology as well. Augmenting classroom learning Starting in 2002, Moritz began the process of equipping all classrooms with the ability to integrate technology into the educational experience. By 2011, every classroom at Moritz was considered “smart.” “That means the instructional technology is built into the rooms,” Johnson said. “So they all have ceiling-mounted projectors, computers embedded in the podium, a wired connection to the Internet from the podium. The whole building is wireless, and each classroom has a digital document camera so those of us who like overheads have that resource.” Professors utilize the capabilities in their own ways, but Jenkins estimates Using technology to facilitate learning, including distance learning, has become increasingly popular in higher education, but the traditional method of watching a teacher talk, taking notes, and being tested on the material isn’t effective for legal education. access to nationally renowned scholars shows great dedication to teaching in the 21st Century,” Jenkins said. To pull off the feat, which is being called the Distance Learning Initiative, both schools had to invest in state-ofthe-art technologies to link the two classrooms so everyone – no matter which classroom he or she was in – could hear and see everything happening in either location. In the Ohio State classroom, two large projector screens hang from the ceiling: one showing Hovenkamp, and the other showing material, such as a PowerPoint presentation or a video to the class. Two cameras and microphones embedded in the ceiling transmit video and audio to a screen in the Iowa classroom so Hovenkamp can monitor students and call on them. A 360-degree camera linked to a microphone fastened to Hovenkamp’s shirt automatically follows him as he paces back and forth in the classroom. If an Iowa student speaks, he or she presses a button on the desk triggering a camera to zoom in on the student. “It’s not exactly like the Ohio State students are there, but it’s close,” said Bruce S. Johnson, associate dean for information services at Moritz and the Thomas J. and Mary E. Heck and Leo H. Faust of students you can reach. The students are all mute in the sense that they’re sitting there listening to a videotape and taking notes, but that’s not very effective professional communication.” In this class, students can interact with the teacher and each other as if they are all in the same classroom. There is no delay in the transmission of sound or video, allowing for a free-flowing conversation. “This method permits the dialogue, and so far it’s doing a pretty good job,” As part of the Distance Learning Initiative, students at The Ohio State University Moritz College of Law listened to professor Herbert Hovenkamp as he taught his Federal Antitrust Law class from the College of Law at the University of Iowa in September. MICHAEL PERIATT Moritz College of Law | W I N T E R 2 0 1 4 29 12th & High about 75 percent of professors use it daily. In some classes, students are given a clicker, which allows them to anonymously weigh in on multiple choice questions throughout the class and see the results presented on the screen in real time. “That allows students to check in and see if they are understanding the material,” said professor Christopher J. Walker, who uses the clickers just about every day. “And more importantly, it allows me to see if I’m teaching it well. So I get to check the pulse at the beginning of each class.” Douglas A. Berman, the Robert J. Watkins/Procter & Gamble Professor of Law at Moritz, is known for being one of the most avid proponents of using technology in the classroom. In a given class, he might play a DVD, show a PowerPoint, and access the Internet, all controlled from the podium at the front of the class. While guest lecturing at a different school, Berman arrived to find the classroom was not equipped with the technological capabilities he was used to, and he said it hindered his ability to teach. That hasn’t been a problem at Ohio State. “Integrating technology in the classroom is in my view a necessity now, not a luxury,” Berman said. “And I’m pleased we’ve had it as a non-luxury for about a decade now.” Berman is also a self-admitted “blog junkie” and has applied his passion to his courses. His Sentencing Law and Policy blog gets about 100,000 page views a month and was the first blog ever cited by the U.S. Supreme Court. Though his students don’t normally contribute to that blog, Berman creates a different blog for each one of his courses, which allows them to interact with their fellow classmates and with other people interested in the topic across the world. “I’ve made it a norm that every class I teach I have a corresponding blog that is either dedicated to the subject matter of the course or is specifically dedicated to the course. It provides an online forum to engage with students but to do so in a way that’s more public,” he said. Preparing for a high-tech future Most law students today grew up with the Internet, and technology has been a part of their daily lives for as long as they can remember. As the use of technology increases across fields, it certainly has increased in the legal field as well. Learning how to use technology and use it effectively for a career in a law is something Jenkins said Moritz is actively trying to improve on and teach its students every day. “Really what we’re about is providing a world-class legal education that’s going to be useful for lawyers in the 21st Century,” Jenkins said. “Technology is changing the way lawyers practice. To the extent students can start to see and understand how technology is used to support communication in the classroom, we think it’s going to position them well once they’re lawyers after they R graduate.” A How Moot Court prepares students to win in the real world n Technology plays an increasingly important role within courtrooms in the 21st Century, and the Moot Court and Lawyering Skills Program at Moritz makes sure students are prepared to use the technology in the real world. Situated just like a modern courtroom, the Frank C. Woodside III Courtroom has 11 screens scattered throughout, with monitors on the jury box, by the judge’s bench, and at the lawyers’ tables. There’s a large projection screen that comes down from the ceiling, a document camera that hooks up to the projector, and a control center to manage all of it. “It’s like what they’re going to see in any modern courtroom so they won’t be overwhelmed by: ‘Oh my gosh what do all these screens do?’” said Elizabeth Sherowski ’96, the moot court program coordinator and adjunct professor of law. Upper-level courses use the courtroom the most often, especially Trial Practice. It’s also used for different moot court competitions throughout the year. Having the technology is nice, Sherowski said, but what is more important is knowing how to use it effectively to convince a judge or jury. “What you’re really doing is telling a story, and if you can’t tell that story effectively, it doesn’t matter how many screens, technologies, explosions, and everything else you can make happen,” she said. “They’re not going to find for your client. But if you can use the technology, if you can find really good pictures of their injuries, that kind of stuff can be really beneficial.” Three cameras on the ceiling record everything the students say and do while in court, giving them the ability to review the film after and see what worked and what did not. Sherowski said not every school has a resource like the courtroom at Moritz, and it’s certainly something prospective students see. Once students arrive, they have access and instruction on how to use the technology. But in case someone is particularly set on being old-school, that option is available too. “We do still have a whiteboard,” Sherowski said. “If that is going to tell Elizabeth your story better than $5,000 worth of Sherowski ’96 technology, then go for it.” 30 T H E O H I O S TAT E U N I V E R S I T Y ﬁrst gift $5 John Deaver Drinko ’44 Before he was one of the most distinguished managing partners Baker Hostetler ever had, before his name ever graced the building where law students are transformed into lawyers, John Deaver Drinko was a donor. Small Gestures are Signs of Great Gratitude. Whether it’s your ﬁrst gift or your hundredth, it matters. Q&A Q A The George Zimmerman verdict was bound to be controversial with strong opinions on both sides, but what does it mean for the so-called “Stand Your Ground” laws nationwide? I am very sorry to see the “Stand Your Ground” laws become so popular. Perhaps the Zimmerman/Trayvon Martin case will result in some reflection, and reconsideration of these laws. Self-defense law historically – in England and early on in our country – was based on the principle that even “bad guys” (including aggressors) shouldn’t be killed if there was some way for the innocent person to avoid harm to himself without killing the aggressor. Indeed, the traditional rule was that, except in the sanctuary of our home, it was better that a person retreat than that he kill an aggressor, if he could do so in complete safety. I admire this old common law value. As one scholar long ago put it, albeit in male-terms: “A really honorable man, a man of truly refined and elevated feeling, would perhaps regret the apparent cowardice of retreat, but he would regret 10 times more, after the excitement of a contest was past, the thought that he had the blood of a fellow-being on his hands. It is undoubtedly distasteful to retreat; but it is 10 times more disgraceful to kill.” The summer of 2013 was full of blockbuster cases for those who follow criminal law. Joshua Dressler, the Frank R. Strong Chair in Law at The Ohio State University Moritz College of Law, explains the long-lasting effects of some of those rulings. “I am very sorry to see the ‘Stand Your Ground’ laws become so popular. Perhaps the Zimmerman/Trayvon Martin case will result in some reflection, and reconsideration of these laws.” – Joshua Dressler 32 T H E O H I O S TAT E U N I V E R S I T Y 12th & High Florida’s “Stand My Ground” law (which some of its backers also unofficially called the “Make My Day” law) has resulted in a significant expansion in the scope of self-defense rules in a number of states. It provides a person with the right to use deadly force outside the home — to meet force with force — in any public place where the person has a right to be (as well as in one’s automobile), as long as the individual reasonably believes (even incorrectly) that deadly force is necessary to prevent death or great bodily harm or prevent the commission of a forcible felony on himself or another. More strikingly, it provides the defender legal immunity from criminal prosecution and civil suit if he can satisfy the “reasonable belief” test, prior to trial, to a judge, by preponderance of the evidence. Thus, the home-as-my-castle doctrine has come to the public streets, bars, Starbucks, and every other public area. Shoot now, ask questions later. It is a message that I think we ought not be sending. The message ought to be: Taking a human life is a big deal, and should not be done lightly, and if you kill another person you ought to expect that you will be obligated, in a criminal trial, to prove that you reasonably believed you could not have protected yourself short of killing. preclude a civil action by the Martin family, but the burden of proof to convict is much more demanding in a criminal case, as it should be. sarily means that many innocent people will be forcibly detained and their bodies touched by police officers feeling for weapons, and that this unfortunate fact does not render stop-and-frisk unconstitutional. The issues in New York are three-fold: Is stop-and-frisk actually helping to reduce crime? Are there less intrusive ways the police could combat crime? And, whatever the answers to those questions, are the police singling out racial minorities for detention and frisking? Are they assuming that, for example, young black males are dangerous simply because they are young black males? The court that ruled the stop-and-frisk policy unconstitutional answered the third question, at least, against the police. What remains — a very difficult question — is the remedy. It is one thing to Q What’s your take on New York’s stop-and-frisk approach to fighting crime? Did the U.S. District Court ruling – that their practice was unconstitutional and that the police force needed to adopt a written policy outlining when such stops are authorized – go far enough? A The stop-and-frisk debate raises many conflicting and troubling issues inherent in police practices. We all want to reduce crime and want to give police the tools needed to do so, but we also want to be comfortable that the methods the government uses to combat “The message ought to be: Taking a human life is a big deal, and should not be done lightly, and if you kill another person you ought to expect that you will be obligated, in a criminal trial, to prove that you reasonably believed you could not have protected yourself short of killing.” – Joshua Dressler crime are reasonable, and that their methods of crime control are not disproportionately and improperly borne by a small segment of our society. The Supreme Court long ago held that the police may, consistent with the Constitution, forcibly detain a person briefly and frisk the outside of that person’s clothing for weapons if – but only if – the officer can point to specific, articulable (and articulated!) facts, and not just a hunch, supporting the officer’s belief that crime is afoot and that the person detained is armed and presently dangerous. This so-called “reasonable suspicion” standard is a low standard, well below “probable cause,” and astronomically below “proof beyond a reasonable doubt.” Thus, as the Supreme Court has said, the stop-and-frisk doctrine neceshave a written policy dealing with it, it is another to enforce it in a practical realworld way. Countless stops-and-frisks occur every day in New York, Columbus, and every major city, in an almost invisible manner. To ask the police, for example, to keep records of each and every stop, and provide a written justification for each stop-and-frisk, seems hopelessly impractical. Alternatively, there has been a suggestion that the police be required to videotape every stop-and-frisk so there is a record of it for future litigation. Even if this is technologically feasible, will it do the job? Or, will it cause police officers to over-compensate and not conduct legitimate stops out of fear that they will be accused of racial profiling? As always, it is easier to spot the probR lem than it is to develop a cure. A Q A Do you feel the Zimmerman team met that threshold? It is noteworthy that the trial court did send the case to trial. Zimmerman did not get the immunity that the “Stand Your Ground” law had in mind. To me, that is a good sign. Once it went to trial, however, I think the Zimmerman team met its burden. I think that a reasonable juror could conclude that Zimmerman reasonably believed, even if incorrectly, that he needed to use deadly force to avoid death. Put differently, the prosecutor did not prove beyond a reasonable doubt that Zimmerman was not acting within his rights under Florida law. This doesn’t Moritz College of Law | W I N T E R 2 0 1 4 33 In Print The Middle Voice: Mediating Conflict Successfully (Carolina Academic Press, Second Edition, 2013) BY JOSEPH B. STULBERG AND LELA P. LOVE Many times, lawyers find themselves helping others resolve their disputes. That is what a mediator does. The question is not whether you will mediate. The question is: How well will you do it? n Conflict is inescapable. Although a lawyer is often called upon to formally mediate a legal controversy, many people assist others to resolve their disputes by skillfully and effectively using facilitating skills and strategies in their role as supervisor, co-worker, parent, organizational leader, or community activist. The question is not whether you will mediate. The question is: How well will you do it? The Middle Voice, co-authored by Joseph B. Stulberg, the Michael E. Moritz Chair in Alternative Dispute Resolution, and Lela P. Love, professor at Yeshiva University’s Benjamin N. Cardozo School of Law, provides a theoretical framework and prescriptive strategies for successfully mediating conflicts. Particularly in this era of polarized tensions and escalating conflict that leads many people to believe that conflicts are intractable, the lessons from The Middle Voice affirm that it is possible for skilled dispute resolution interveners to help disparate, passionate parties in individual or group settings negotiate actionable agreements constructively and fairly. Mediation promotes three primary goals: assist disputants with improving their understanding of their situation and one another; engage in problemsolving efforts; and find acceptable solutions. Unlike a judge or arbitrator, the mediator has no authority to impose a binding decision on the disputants. With respect to acceptable solutions to the controversy, in the jargon of the alternative dispute resolution field, the dispute and its resolution belongs to the parties. The authors provide a targeted description of each of the mediator’s important job responsibilities, including one’s role as: chairperson, communicator, educator, resource expander, agent of reality, guardian of durable solutions, scapegoat, and protector of the process; they then identify and discuss 20 personality traits that are relevant to a person performing those tasks effectively. 34 T H E O H I O S TAT E U N I V E R S I T Y In Print With that background, the authors set out – using the pneumonic device of BADGER – the specific components of a mediated conversation: • • • • • • Begin the discussions. Accumulate information. Develop the discussion strategy. Generate movement. ELECT* separate sessions. Reach closure. Other Publications FEDERAL COURTS IN THE 21ST CENTURY: CASES AND MATERIALS (LexisNexis, 2013) By Howard P. Fink, D. Thomas Rowe Jr., Mark V. Tushnet The fourth edition is leaner, with tighter focus on the areas usually covered in upper-level courses on federal courts or federal jurisdiction. A new Chapter 11 on doctrinal and statutory restrictions on federal jurisdiction related to state-court litigation covers the abstention doctrines and the Anti-Injunction Statute, 28 U.S.C. § 2283. Earlier coverage in the class actions chapter of the Class Action Fairness Act of 2005 (CAFA) now is part of a new section at the end of Chapter 8 on diversity and alienage jurisdiction. The new section is devoted to the three forms of minimal diversity federal court jurisdiction presently on the books — statutory interpleader; the Multiparty, Multiforum Trial Jurisdiction Act of 2002; and CAFA. The fourth edition has a new, concluding Chapter 18 on federal jurisdiction in time of war and in an age of terrorism. This chapter’s principal case is the Supreme Court’s major 2008 decision in Boumediene v. Bush on habeas corpus for alien enemy detainees at the United States military base at Guantánamo Bay, Cuba. ELECTION LAW IN A NUTSHELL (West Law School, 2013) By Daniel P. Tokaji Election law is a dynamic and quickly growing field that has garnered enormous public interest. It is a subject of great practical importance to lawyers and law students, with increasing litigation and several important decisions from the Supreme Court in recent years. Election Law in a Nutshell provides a succinct and thorough description of the law governing voting rights, elections, and the political process in the United States. The topics addressed include the fundamental right to vote, gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. Nutshell covers the constitutional law in these areas, including rights of free speech and equal protection, as well as the Voting Rights Act and other essential statutes. It addresses Shelby County v. Holder and other cases from the 2012-13 Supreme Court term. CONTRACTS, CASES AND MATERIALS (West, 8th edition, 2013) By E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R.W. Brooks, Larry T. Garvin This classic casebook traces the development of contract law in the English and American common law traditions. Like earlier editions, the eighth edition features authoritative introductions to major topics, carefully selected cases, and well-tailored notes and problems. The casebook is ecumenical in its outlook, presenting a well-balanced approach to the study of contract law without ever losing sight of the importance of doctrine in all its detail. Cases are situated within a variety of disciplines: history, economics, philosophy, and ethics and present the law in a variety of settings: commercial, familial, employment, and sports and entertainment. The eighth edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers to contracts or to this casebook. For each element, the authors identify the required mediator responsibilities and the choices one makes when executing them. Stulberg and Love then provide detailed examples in multiple contexts to illustrate how such mediator behaviors operate in practice. For this second edition, the authors added a new chapter on diversity. “On many occasions, when people engage in conduct that generates misunderstanding and conflicts, their actions are importantly shaped by the distinctive practices and values of their various identity groups,” the authors wrote. The new chapter identifies the challenges that human diversity presents and demonstrates how the BADGER framework can be used to work through them. In their concluding comments about mediation, and their hope for the lessons of their book, the authors offer the following observation and challenge: “Mediating well is not easy; it is a complex process with many variables. But this multiplicity of factors does not reduce mediating to an art form in which anything one does is acceptable or for which one must have an inborn talent. There are ways to prepare, duties to perform, and a structure to develop; there are options for trying to persuade parties to change their position and procedures for bringing discussions to a close. People can execute these responsibilities brilliantly or ineptly. They can also sharpen their skills in performing these tasks – R they can become better at mediating.” A *ELECT stands for: expand the information base and settlement options, lessen intransigence, encourage evaluation, confirm movement, and take a “time out.” Moritz College of Law | W I N T E R 2 0 1 4 35 [ 1 Degree, 10 Careers ] 10 Careers The only things certain in life are death, taxes, and opinions on how the tax code could be changed for the better. All Rise surveyed 10 alumni whose practices focus on taxation for insights into the current debates and future for this specialized area of law. BY MONICA DEMEGLIO 36 T H E O H I O S TAT E U N I V E R S I T Y 1 Degree, Assistant Vice President, Wealth Strategies Analyst U.S. Trust, Bank of America Private Wealth Management How I got this job: After law school I obtained a tax LL.M. to better position myself for a career in estate planning or administration. I applied for trust position at U.S. Trust, and a recruiter called me about a wealth strategies position instead. I chose to go into wealth strategies and focus my career on planning. If I were in Congress and could reform one area of the tax code: I would repeal the Alternative Minimum Tax (AMT). Inspired by 154 affluent taxpayers who paid no federal tax in 1966, the AMT was designed to overlay the traditional personal income tax system and ensure that very wealthy individuals were not escaping the bulk of their tax liability by use of various deductions and credits. Today, the AMT applies to more than 4 million taxpayers, including middle-class families earning their income rather than collecting investment income. Where I see tax practice headed in the next 10 years: The rapid growth of wealth for top earners in the U.S. shows no signs of subsiding. As a result, tax practice focused on high net worth individuals and families will continue to grow. The biggest challenge will be further Congressional action to limit the effectiveness of tax avoidance strategies. Shilpa Gupta ’08 1 [ 1 Degree, 10 Careers ] 2 Jeffrey Endress ’04 International Tax Partner PricewaterhouseCoopers LLP How I got this job: I was recruited to work at PwC by another fellow Ohio State undergraduate and Moritz College of Law alumnus, Michael Urse ’84. Mike is the co-leader of PwC’s international tax practice in the U.S. If I were in Congress and could reform one area of the tax code: Editor’s note: PwC does not permit its professionals to comment on policy matters. Where I see tax practice headed in the next 10 years: As we look into the future, there will be a shift in the global economic balance from the developed to developing countries, impacting where U.S.-based multinational companies will pursue future growth and investment. Investments in these countries will bring numerous complex issues and a significant need for trusted tax advisors. 4 Partner/Chair Tax Practice Group and Employee Benefits Group Ulmer & Berne LLP How I got this job: I was working in the tax department of an accounting firm when a friend told me that Ulmer & Berne was looking to hire an ERISA (Employee Retirement Income Security Act) associate. I had no idea what ERISA was, but I interviewed and got the job. If I were in Congress and could reform one area of the tax code: I would reform the Section 416 “Top Heavy” rules applicable to qualified retirement plans. Qualified plans are subject to a wide range of Internal Revenue Code rules and restrictions, which ensure that nonhighly compensated employees (NHCEs) receive nondiscriminatory benefits. The top-heavy rules are no longer necessary to protect NHCEs and add an unnecessary layer of complexity to the already complex administration of retirement plans. The rules also stifle small businesses from establishing and maintaining qualified plans. Where I see tax practice headed in the next 10 years: The tax practice will continue to grow in the employee benefits field due to the tax-favored treatment of employee benefits, which consume a lot of potential tax revenue. There will be much activity related to the Affordable Care Act, which has many evolving tax provisions affecting virtually every taxpayer. Patricia A. Shlonsky ’84 Wayne F. Miller ’07 Tax Associate Ernst & Young LLP How I got this job: I practiced finance and restructuring at a bank, and in 2012, got an LL.M. in tax from New York University. I landed at EY after that. If I were in Congress and could reform one area of the tax code: Moving the U.S. from a worldwide taxation system to a territorial taxation system. There would be winners and losers – as there usually is! – but it does put the U.S. in greater harmony with other developed nations. It will still be important to have effective transfer pricing rules, so that area will not be going anywhere. Where I see tax practice headed in the next 10 years: I personally just started as a tax practitioner from another field, but there are some parallels. One ongoing trend is having trained attorneys, such as myself, practice tax in accounting firms versus tax departments at law firms. How governments and tax authorities choose to address their budget deficits also will drive certain types of deal structures. Moritz College of Law | W I N T E R 2 0 1 4 3 37 [ 1 Degree, 10 Careers ] Tom Sykes ’79 Partner Gould & Ratner LLP How I got this job: In 1984, after serving as a federal prosecutor in Madison, Wis., I started litigating civil tax cases for the U.S. Department of Justice’s Tax Division in Washington, D.C. and went on from there to become a partner or shareholder at law firms in D.C. and Chicago. If I were in Congress and could reform one area of the tax code: There are many areas that should be cleaned up or overhauled. At the moment, I’d probably suggest enactment of a provision that gives treasury regulations less deference under the judge-made Chevron doctrine than those regulations receive today under Supreme Court precedent. My worries about excessive deference include the worries that Chief Justice Roberts, joined by justices Kennedy and Alito, outlined recently in a dissent in the City of Arlington case. Where I see tax practice headed in the next 10 years: I don’t expect there to be any sweeping simplification of the Internal Revenue Code, even though there’s much discussion of that. The complexity of the code is organic and pervasive, stemming from the way that Washington works and the demands of both the broad public and special interest groups. That complexity will continue to drive market demand for tax professionals, including lawyers and accountants. 38 T H E O H I O S TAT E U N I V E R S I T Y Kevin Tabor ’11 Associate Thompson Hine LLP How I got this job: After law school, as both a CPA and an attorney, I decided to join the international tax group of a “Big 4” accounting firm, where I had an opportunity to consult large, multinational corporations on various international tax matters. My “Big 4” experience and accounting background have proven to be invaluable in my current role at Thompson Hine If I were in Congress and could reform one area of the tax code: Congress recently enacted the Foreign Account Tax Compliance Act (FATCA). The policy behind FATCA is to identify U.S. taxpayers who are hiding assets from the U.S. government in accounts held at foreign financial institutions. The statute and associated treasury regulations are written broadly and thus apply FATCA to many organizations that are unlikely to be assisting U.S. taxpayers in hiding assets overseas. As with any new legislation, the “kinks” will hopefully be resolved over time. Where I see tax practice headed in the next 10 years: Companies are going to continue expanding internationally. However, the tax consequences of international transactions can be quite complex involving U.S. tax laws, local country tax laws, transfer pricing, and tax treaties. As such, tax practitioners are going to need to be prepared to assist businesses of all sizes with their international business activities. Richelle Thoburn ’10 Attorney Examiner State of Ohio Board of Tax Appeals How I got this job: I saw an opening at the Board of Tax Appeals on the state’s job search website, applied, and have been working my way up. If I were in Congress and could reform one area of the tax code: While I work solely in state tax law, a theme I hear often that translates to the federal level is: Simplify! When taxpayers must navigate through this complicated set of laws, frustration and distrust of the government increases. Additionally, unnecessary hours spent preparing tax returns and extra personnel needed to catch mistakes that will be inevitably made under the current system are resources that can perhaps be better directed elsewhere. 5 6 Where I see tax practice headed in the next 10 years: In my experience, the economy greatly impacts the workload in my practice area. Consequently, I think as attorneys, we will always be faced with the challenge of trying to do more with less. 7 [ 1 Degree, 10 Careers ] Partner and Tax, Personal Planning & Employee Benefits Practice Coordinator Baker Hostetler LLP How I got this job: I was a summer associate at Baker Hostetler after my second year and immediately accepted their offer at the end of the summer. It has been a great 33 years! If I were in Congress and could reform one area of the tax code: At the risk of damaging my tax practice, I would simplify the tax code for individuals by broadening the tax base, lowering rates and eliminating many exemptions and deductions. On the corporate side, I would make our tax system competitive with the rest of the industrialized world by lowering the tax rate and eliminating the current rules that create incentives for U.S. companies to move their headquarters abroad. Where I see tax practice headed in the next 10 years: International taxation will be the hot area. It is a global economy, and the ability to structure companies and transactions to minimize the effective tax rate will be a valuable expertise. The tax practices of law firms and accounting firms will continue to compete for work, causing law firms to focus on tax controversy. Chris Swift ’80 Of Counsel Vorys, Sater, Seymour and Pease LLP How I got this job: I started with Jones Day, and a fabulous mentor, Maryann Gall ’70, got me involved in sales tax litigation for companies that sold nationwide with catalogs or the Internet. I spoke and wrote on a national basis about multi-state tax matters. I joined Vorys in 2011 because of the highly regarded state tax practice here. If I were in Congress and could reform one area of the tax code: Congress should create an avenue to resolve constitutional challenges to state taxation in federal court. State tax law differs significantly from federal tax practice because the tax codes of each state – and countless cities, counties, etc. – are not uniform. A multistate company may be subject to many kinds of taxes. While the Constitution places certain limits on state authority to tax, the same taxpayer litigating the same question in two different states often gets conflicting results. As the law stands, taxpayers are generally barred from challenging a state tax in federal court, even if the sole basis for the challenge is that it violates the Constitution. Where I see tax practice headed in the next 10 years: State tax laws are not able to keep up with the current global marketplace, tremendous advances in technology, and shift from a tangible-goods-based economy to a digital-and-services-based economy. Figuring out how to create and apply state tax structures that take the “new economy” into account, are fair and consistent, and meet the fiscal needs of the states is perhaps the biggest challenge ahead. Laura A. Kulwicki ’87 Senior Tax Incentives Specialist Ohio Development Services Agency How I got this job: I joined the agency through a human resources contact with whom I had worked with regularly at another state agency. I obtained my current position because another Moritz graduate was looking for a lawyer with an accounting background, and I obtained my master’s in accountancy prior to law school. If I were in Congress and could reform one area of the tax code: I would eliminate most of the personal and some corporate deductions in favor of lower marginal rates while maintaining the general progressivity of the taxing system. I see the cost of compliance as a material drain on economic growth and an area in which Congress can provide a meaningful solution. Where I see tax practice headed in the next 10 years: I fear we will continue to discuss a national sales tax (VAT) as the country continues to accumulate debt, which will provide plenty of opportunities for tax attorneys. If a tax reform bill emerges that results in a more simple tax environment, sections of the profession will also face pressure to remain relevant. 39 Matthew Sutherland ’06 8 9 10 Moritz College of Law | W I N T E R 2 0 1 4 [ Health Care Reform] Unprecedented Impact: EXAMINING THE AFFORDABLE CARE ACT BY BARBARA PECK 40 T H E O H I O S TAT E U N I V E R S I T Y [ Health Care Reform ] Moritz College of Law | W I N T E R 2 0 1 4 41 [ Health Care Reform] The Patient Protection and Affordable Care Act (ACA) is a lot like War and Peace meets the federal tax code meets the big bang theory: It is long. It affects every business and person in America. And, it is complicated, rife with assumptions and uncertainties, and controversial. In other words, it is a lawyer’s dream. Or nightmare. The ACA lays out three main goals: • improve the quality and affordability of health insurance; • lower the uninsured rate by expanding both private and public insurance options; and • reduce health care costs. The success of each goal is dependent on the success of the others. The number of uninsured will not be reduced unless coverage is more affordable; coverage cannot be more affordable unless more healthy people enroll in insurance, and health care costs are reduced; health care costs cannot be reduced unless there are fewer uninsured, more preventive services, and treatment of disease in earlier stages. Some provisions went into effect almost immediately when the bill was passed in 2010. Others have been phased in over the past three years. Jan. 1 is a big milestone for those without insurance, but the employer mandate that was also set to launch on that date was delayed a year. There are still more ACA provisions to be implemented between now and 2020. There are several big question marks surrounding some upcoming provisions but no doubt about the legislation’s overall constitutionality after a landmark decision by the Supreme Court of the United States. While insurers and employers scramble to make changes to their plans, health care providers anxiously await the impact of what is hoped will be more patients in the system and the results of multiple pilot projects aimed at reducing costs. “You cannot take a law like the ACA that tinkers with 17 percent of the economy in hundreds of different ways and get it right the first time,” said Catherine E. Livingston, a partner with Jones Day in Washington, D.C. “They are going to have to do legislative changes. It is simply not possible for the whole system to go forward without future legislative attention. There are too many problems generated by the law we have.” T he law itself is 2,409 pages, which, if you are wondering, takes about 40 hours to read. There have been books written on its astonishing legislative history. The U.S. Department of Health and Human Services has, of course, issued dozens of regulations relating to the law. The Internal Revenue Service has issued more than 100 of its own pieces of guidance in just the three years since the law passed. The U.S. Department of Labor broke its guidance into 23 different topic areas, with four to six subareas for each main topic area. While healthcare.gov is now infamous, it is really just one of many websites the federal government has set up. Governors and state agencies have been busy, as have lawyers and law firms from coast to coast in nearly every practice group. Insurance Reforms under the ACA • Prohibit lifetime monetary caps on insurance coverage and limit the use of annual caps. • Prohibit insurance plans from excluding children and adults with pre-existing conditions. • Prohibit insurance plans from canceling (rescinding) coverage, except in cases of fraud. • Establish state-based rate reviews for “unreasonable” insurance premium increases. • Establish an office of health insurance consumer assistance or an ombudsman program. • Establish minimum medical loss ratios. • Prohibit discrimination based on health status. • Require guaranteed issue and renewal of policies. • Require mental health and substance abuse parity. INSURANCE REFORMS The law affects every person in America that has health care insurance, or does not, and every business that offers insurance, or does not. There are also significant changes to the way health insurance companies do business. Insurance Company Provisions Some of the law’s most well-known and popular provisions are ones that put new mandates on the coverage offered by health insurance companies. Children must now be able to stay on their parents’ coverage until age 26, individuals cannot 42 T H E O H I O S TAT E U N I V E R S I T Y [ Health Care Reform ] “You cannot take a law like the ACA that tinkers with 17 percent of the economy in hundreds of different ways and get it right the first time.” – Catherine E. Livingston, partner with Jones Day in Washington D.C. be excluded for pre-existing conditions, preventive services must be offered at no cost, and there are no more annual or lifetime coverage limits. The changes to the insurance industry itself, however, are massive. The law dictates to whom and when companies must issue policies, how rates are set, and profit limitations. For example, under new community rating provisions, insurers can only vary rates based on the geographic location, age, and tobacco use status of the applicant and whether the policy is for individual or family coverage. The law goes further to state variances based on age cannot have more than a 3:1 ratio for adults and 1.5:1 for tobacco use. Plans also cannot have a minimum medical loss ratio of 85 percent (80 percent in some cases), or they are required to reimburse plan premiums. In other words, plans must show they are spending at least 85 percent of premium dollars on clinical care and quality programs, not administrative costs and profits. “These types of changes are virtually unprecedented in the insurance industry,” said Alan F. Berliner ’76, partner in the insurance practice group at Thompson Hine. “Insurance is primarily regulated by the states, not the federal government. Because of antitrust laws, it is hard for insurance companies to talk to each other about their response to the changes. We’ll just have to wait and see.” Additional rules and regulations also are being imposed on the insurance industry as implementation moves forward. Originally, President Barack Obama said, “If you like your insurance policy, you’ll be able to keep it.” However, as companies have changed their offerings to comply with the new law, they’ve dropped some older policies that no longer met the new minimum requirements for coverage or did not fit into their strategy for meeting the community rating or medical loss requirements. In November 2013, the president ordered Moritz College of Law | W I N T E R 2 0 1 4 43 [ Health Care Reform] that insurance companies resurrect canceled policies for one year. “The action the president took in November is a big problem for the insurance companies,” Berliner said. “Insurance companies offer a mix of business based on actuarial predictions. From an actuarial standpoint, the companies took the cancellation of these policies into account when they set rates for new plans and the exchanges. To say in November that policies have to be added back in starting in January is a huge problem for the industry. There are going to be a lot of people working overtime to figure out how to make this happen.” Individual Mandate To balance out the new coverage requirements for those with pre-existing conditions, the law includes an individual mandate that requires everyone to buy insurance or pay a fine. The concern was that without the individual mandate, those with pre-existing conditions would line up to buy insurance when the exchanges opened, but the healthy uninsured would not. The individual mandate was one of two primary focuses in the case before the Supreme Court of the United States, and it was upheld. It is seen as the linchpin that holds the system together and was hotly contested and fought over. About 85 percent of the nonelderly population is expected to have insurance through employers or expanded public options. The individual mandate will apply to about 6 million adults. There are new extensive reporting requirements placed on employers that will help the government determine who falls under the individual mandate, which will be enforced through the tax system. Penalties will start in 2014 and are the greater of a minimum amount or percentage of income. Unlike most taxes, however, enforcement by the IRS is limited to a deduction from a pending income tax return. “This is unusual. The IRS has broad authority to collect penalties. In fact, there are some areas that are so important that we give the IRS extra power to collect,” said Donald B. Tobin, the Frank E. and Virginia H. Bazler Designated Professor in Business Law at The Ohio State University Moritz College of Law. “The problem here is that it is actually fairly easy to make sure that you do not have a refund and it makes enforcement of the penalty difficult and potentially inequitable.” To help individuals afford insurance, there are subsidies available for those who make up to 400 percent of the poverty line. Individuals can, but do not have to, buy insurance on the exchange. One The ACA impact on small businesses SELF–EMPLOYED • Covered by the individual mandate BUSINESSES WITH < 25 EMPLOYEES • Tax credit of 50 percent available if average annual wages are below $50,000, and employer contributes 50 percent of the cost of the premium • Can participate in the Small Business Health Options Program (SHOP) starting in 2014 • Employer mandate does not apply BUSINESSES WITH 25-50 EMPLOYEES • No tax credits available • Can participate in SHOP • Employer mandate does not apply BUSINESSES WITH 50-100 EMPLOYEES • No tax credits available • Can participate in SHOP after 2016 • Employer mandate does not apply Four ways to get coverage after the ACA MEDICARE (no changes) MEDICAID (expanded) EMPLOYER (expanded) EXCHANGES (new) 44 T H E O H I O S TAT E U N I V E R S I T Y [ Health Care Reform ] element of the process is to ensure the individual receives all subsidies available. Some states have elected to set up their own health insurance exchanges while others rely on the federal exchange at healthcare.gov. Still others are operating a hybrid version of the two options. States that run their own exchanges have more control over which insurance policies are offered, including whether abortion services are permitted. Medicaid Expansion Prior to the passage of the ACA, Medicaid was a federal-state cooperative program that varied greatly from state to state. The federal government pays states for a specified percentage of program expenditures, called the Federal Medical Assistance Percentage (FMAP), which varies by state based primarily on per capita income. The average state FMAP is 57 percent, but it ranges from 50 percent in more wealthy states to 75 percent in states with a lower per capita income. In general, coverage has been limited to pregnant women with an income below 133 percent of the poverty level; children under 6 in families with income 133 percent of the poverty level or children ages 6to 18 in families with income below 100 percent of the poverty level; and elderly or disabled adults who qualify for Supplemental Security Income benefits. Many children with disabilities, including more than half of all children diagnosed with autism, are eligible and on Medicaid through a special waiver program. In some instances, parents of children covered can become eligible, but, in most states, it was nearly impossible for a childless adult to be eligible, regardless of income. Essentially, the program was used for to provide health care for low-income pregnant women, children of low-income families, and socalled “dual eligibles” – those on Medicare who were deemed too poor to pay for Medicare’s premiums, deductibles, and co-payments. Often, the latter are in nursing homes. Medicaid pays over 60 percent of the nursing home care in America. The original ACA law required states to expand Medicaid to all individuals under age 65 with incomes below 133 percent of the poverty level. Under the plan, the federal government would pick up the tab for the estimated 20 million new enrollees until 2017 and then pay 90 percent of the funds thereafter. This provision was the second main point argued in the ACA case before the Supreme Court. The court voted 7-2 that the provision was unconstitutional, but said the problem could be remedied as long as the expansion requirement only affected new funding and not the previous funding. 2011 Poverty Guidelines Family Poverty Size 1 3 $10,890 $18,530 133% of Poverty $14,483.70 $24,644.90 400% of Poverty $43,560 $74,120 For larger families, add $3,820 for each additional person “Under the spending clause, the federal government can set conditions on money, they do that all the time,” said Christopher J. Walker, professor at Moritz. “But, the court held in the ACA decision that the federal government cannot do so retroactively to a program that is already set up. The federal government cannot go back and dramatically change the terms and require states to do a lot more without violating fundamental federalism principles.” Twenty-five states are expanding coverage, 21 are not, and four are still deciding. For those states not expanding Medicaid, citizens who make less than 133 percent of the poverty line but are not eligible under the traditional eligibility rules will fall under the individual mandate. They will have significant subsidies available to them, but some may be excluded from the mandate because any policy available to them still may be deemed too expensive. Individuals are excluded from the mandate if the least expensive policy available in the exchange costs more than 8 percent of their “The problem here is that it is actually fairly easy to make sure that you do not have a refund and it makes enforcement of the penalty difficult and potentially inequitable.” – Donald B. Tobin, the Frank E. and Virginia H. Bazler Designated Professor in Business Law Moritz College of Law | W I N T E R 2 0 1 4 45 [ Health Care Reform] income. Those making less than 133 percent of the poverty line will have higher premiums, deductibles, and co-payments – all essentially nonexistent under Medicaid – than if they would have been included in Medicaid. Employers The ACA touches every business in the country. Large businesses, those with 50 or more employees, must offer health coverage to employees, or be subject to a penalty. In addition, that coverage must meet minimum requirements (although different minimum requirements than plans have to meet to be in an exchange) and must be affordable to employees. If these two requirements also are not met, there will be penalties. The so-called employer mandate was set to launch at the same time as the individual mandate. However, it was delayed until Jan. 1, 2015. “The government was too late in putting out regulations related to the necessary information reporting that employers need to do,” said Marlene P. Frank ’82, of counsel at Jones Day. “If they didn’t have the information reporting requirements up and running, they knew they did not have the tools they would need to enforce the mandate. As soon as they recognized that they were going to delay the information reporting, they were forced to delay the employer mandate.” Large employers must make a lot of determinations regarding who is being offered coverage, and the rules often are different than the previous policies they followed for benefit determinations. In order to meet the mandate, the employer must offer coverage to at least 95 percent of full-time employees. “One of the toughest issues across the board is the definition of an employee being full-time at 30 hours per week for purposes of the employer pay-or-play penalty,” Livingston said. “That definition is not currently in use by virtually any of our clients for any purpose – how they give out benefits, how they determine eligibility, how they track time. To have to make that adjustment has all kinds of burdens and consequences associated with it.” For example, Livingston explained, consider a large retailer with more than 300,000 employees, many of whom work on schedules that vary from week to week. It must determine in any given month which of those employees are eligible for coverage and if coverage was offered. Many university clients are struggling to determine what to do with adjunct faculty, a group they have never tracked hours for in the past, Livingston said. Those definitions also are having an impact on collective bargaining agreements, which often clearly define who is full-time and who is eligible for benefits. Employers are having to revisit definitions in their collectively bargained agreements or negotiate to have two definitions – one for health care benefits and one for other benefits, Livingston said. Employers also must make evaluations as to whether coverage options are affordable – less than 9.5 percent of household income – for employees who make less than 400 percent of the poverty line. For many employers, the penalties do not kick in unless an employee buys coverage in an exchange. There are anti-retaliation and whistleblower provisions in the law designed to prevent backlash against employees who report violations of the law or buy insurance on an exchange. There are many questions that need to be answered over the next year before the employer 8 big changes for employers 1. Employer pay-or-play penalty with its definition of full-time employee 2. Contribution limits on flexible spending accounts 3. Notice requirements for new, or newly eligible, employees 4. Whistleblower and anti-retaliation provisions 5. Changes to limits on wellness plan incentives and rewards 6. Maximum out-of-pocket limits on all coverage 7. Automatic enrollment into health benefits (coming) 8. “Cadillac” plan tax (coming) 46 T H E O H I O S TAT E U N I V E R S I T Y [ Health Care Reform ] mandate kicks in. “One of the big remaining question is how much more flexibility or accommodation will the government provide for employees who are in job categories like adjunct faculty or on schedules with variable hours or seasonal employment, where a lot of work would have to go into figuring out if the employees are full-time or part-time,” Livingston said. “The government got a lot of comments about those issues.” Health care reform by the numbers 50 million, the low estimate of the number of non-elderly adult Americans with pre-existing medical conditions. Twenty-five million are uninsured. HEALTH CARE SYSTEM REFORM While many of the most talked about provisions in the ACA involve insurance coverage, the bill also contains more than 500 pages dedicated to reforming the health care system itself. The reforms are aimed at reducing overall health care costs, a key component in the ACA trifecta for success. The law takes a two-pronged approach to meeting this goal: 1) an initial set of payment and program cuts and 2) the funding of a variety of innovation projects aimed at restructuring health care delivery into a more cost-effective and quality-driven system. Cuts The ACA cuts $716 billion from the Medicare program. Thirty percent of those cuts are to the Medicare Part C program, also known as Medicare Advantage. The program allows Medicare beneficiaries to join private HMOs, with the government paying the bill. The projected cost savings of the program have never come to fruition; it actually costs the Medicare program about 17 percent more to have beneficiaries in the Part C program than traditional Medicare. While funding to this program has been on the chopping block for years, many groups, especially physicians, were hoping the money would be used to fix other problems within the Medicare system. Another 35 percent of the cuts come from reductions in hospital reimbursements. Hospitals will see across-the-board cuts to almost all services and to the Disproportional Share Hospital (DSH) funds they received on a calculated basis for charity care or high Medicaid volume. Throughout the lobbying process, the American Hospital Association agreed to both kinds of cuts under the theory that more insured and paying patients would make up for revenue shortfalls. The remaining 35 percent of the cuts are made up of a plethora of smaller changes in reimbursement to other providers. For example home health agencies will see their payments reduced by 8 percent. There are no changes to the services beneficiaries will receive. 2.5% of household income, the tax penalty for those going without insurance after Jan. 1, 2014. $3,000 per employee. The tax penalty for businesses that do not provide affordable, adequate coverage. 48% 9.5% 50% 52 4 5% of births in the United States are paid for by Medicaid. 11 million illegal immigrants are not eligible for Medicaid or to buy insurance on the exchanges. They will remain uninsured. of income. The maximum amount a health insurance premium can cost an individual making up to 400% above the poverty line. The tax credit available to small businesses with fewer than than 25 employees when they buy insurance on the exchange. The number of health care pilot projects funded by the CMS Innovation Center happening in Ohio right now. levels of health plans are offered on the exchanges – platinum, gold, silver, and bronze. The new tax on cosmetic medical procedures. It is one of many new taxes found in the law. Moritz College of Law | W I N T E R 2 0 1 4 47 [ Health Care Reform] IPAB would have to target other providers – ASCs, physicians, nursing homes – in order to meet their savings goals.” Innovation The ACA creates the new Centers for Medicare & Medicaid Services (CMS) Innovation Center as well as dozens of pilot projects aimed at restructuring the health care delivery system into a higher-quality and more efficient system. One key focus is the greater use of bundled payments, which are already in use in the system in limited ways. For example, if a patient has the appendix removed, the surgeon will receive one fixed payment for the time spent 24-hours pre-surgery, the surgery, and 90 days of follow-up care. The hospital will also receive one fixed payment for the surgery itself and the hospital stay. Whether the patient stays in the hospital three days and is seen by the surgeon twice in the hospital and three times after release or whether the patient stays one day and is only seen once in and once outside the hospital, the payment is the same. Under the expanded bundled payments model, all care for the appendix episode would be wrapped into one payment, including all imaging, lab work, anesthesia, rehabilitation, etc. “The goal of bundled payments is to reduce waste in the health care system by reducing duplicative tests and the need to repeat tests,” said Efthimios Parasidis, a health law professor at Moritz. Closely tied to bundled payments is the creation of accountable care organizations (ACOs). These are groups of doctors, hospitals, and other health care providers who join together to provide coordinated care to a specific population of patients. Bundled payments are made to the ACO. Current pilot projects are providing ACOs with bonus payments if they can show cost-savings for episodes of illness. “An ACO is evaluated on the costs for treating an entire population of people. It has every incentive to keep that population healthy to reduce overall health care costs,” said Micah Berman, a health law professor at Moritz. CMS has multiple pilot projects focused on ACOs operating around the country. The private sector also is running pilot projects of its own. “The fear is that ACOs and bundled payments will have a negative impact on health care outcomes for the same reason capitation – HMOs – did. The fear is that needed medical care won’t be given because the incentive is not to spend money,” Parasidis said. “The key is to make sure administrators properly risk-adjust these patient populations. You don’t want ACOs to cherry-pick The Jones Day Rules of Survival Prior to joining Jones Day, Catherine E. Livingston was the health care counsel in the Internal Revenue Service Office of Chief Counsel, where she served as the principal advisor to IRS senior leadership on all aspects of the ACA and its implementation. She offers these four rules that Jones Day has followed for surviving the ACA. The same rules would apply to other complex changes in the law: PREPARE. Before there even was a law, people invested in reading the different provisions. With a law this complicated, you are not going to be able to appreciate how it works if you do not prepare early. DESIGNATE. There is no way all of the lawyers in a large firm can know everything about this law. You need to find the right core people, make it clear that they are your experts, and have other people consult with them as needed. COMMUNICATE. We share information and analysis through not only regular conference calls but also our written products. As we create these written commentaries, not only are our clients reading them, but so are our other attorneys. If they have not had the time to study the law intensively, they can gain some quick knowledge and help clients spot issues. HIRE. You have to recognize that when you have something that is this big and this complex, you have to grab expertise if you can. “The ACA reduces payments to many providers because it includes a productivity adjustment,” said Kara Newbury ’05, assistant director, government affairs for health policy at the Ambulatory Surgery Center Association. “But we already have a productivity adjustment built into our yearly update, and that wasn’t taken into consideration. It is disappointing. We, and all Medicare providers, have also already received a 2 percent cut because of the sequester.” The Independent Payment Advisory Board (IPAB) was created by the ACA with the mission of reducing costs and improving Medicare’s overall solvency. The board is charged with making a specific percentage of spending cuts each year, and there is a fast-track legislative process included to implement recommendations. The board was supposed to start operations in 2013, but it has been fiercely opposed by providers. “The board is operational, but it has no members,” Newbury said. “The concern about IPAB for any provider except a hospital is that hospitals are exempt from any IPAB cuts until 2018. The 48 T H E O H I O S TAT E U N I V E R S I T Y [ Health Care Reform ] just healthy patients so they can show savings. It is very difficult to do.” Many of these innovation programs have health care lawyers, who have spent decades interpreting antitrust, kickback, “Stark,” and other laws designed to ensure separation between providers, scrambling for guidance. “Our antitrust health lawyers could not be busier. They are working flat out,” Livingston said. “There are so many questions around ACOs, especially on the private side. The government has issued some protections on the Medicare side, but private payers and hospitals also are setting up ACOs, and there is little to go on.” There also are health information technology projects under way with the goal of reducing costs through efficiencies and less duplication, but also with the hope of providing the data needed to compare medical treatments. The Patient Centered Outcomes Research Group was created by the ACA. “Part of the key here is that the health care industry has been slow to adopt IT,” Parasidis said. “The ACA, combined with bills passed a few years earlier, really lays the ground work for using big data in health care. I think the power of the ACA is going to be harnessing the power of information stored in electronic medical records to help evaluate the effectiveness of treatments. That is what is going to be a big driver in reducing health care costs.” While much of the focus is on systems, others question how much health care costs can be reduced without significant efforts to improve the overall “Because of all of the budget cuts the Centers for Disease Control has endured through the sequester and other cuts, the fund is really just filling in for what the CDC was already doing, and it is not really making a lot of forward progress.” – Micah Berman, a health law professor at The Ohio State University Moritz College of Law health of the country. Currently, smoking, obesity, inactivity, and alcohol are the cause of almost 40 percent of the deaths in the U.S., and billions of dollars are spent on related medical treatments. “The ACA doesn’t think about prevention except in a very individualistic and clinical way,” Berman said. “The public health perspective is largely absent. There is a Prevention and Public Health Fund, which was intended to fund community-based public health prevention. This had a lot of potential, but already we are seeing a lot of that money taken and used for other purposes. Because of all of the budget cuts the Centers for Disease Control has endured through the sequester, the benefits produced by the fund are being offset by losses elsewhere.” Like many of the changes on the insurance side, there is a significant degree of uncertainty surrounding which measures will reduce costs and improve quality. “It will take years, if not a decade or more, to know whether these were the right changes to R make,” Parasidis said. A Moritz College of Law | W I N T E R 2 0 1 4 49 [ Legislative Leaders ] The Speaker The President & William Batchelder ’67, Keith Faber ’91 lead Ohio Legislature BY MONICA DEMEGLIO H 50 T H E O H I O S TAT E U N I V E R S I T Y ushed conversations are swallowed entirely by the din outside of the legislative chambers at the Ohio Statehouse, making an already warm October afternoon a bit stifling. Freed from their classrooms for a day, school children on a field trip file their way up to a balcony overlooking the Ohio House of Representatives. Women’s rights advocates and “Stand Your Ground” protestors, sweaty and hoarse from chanting slogans on the Statehouse lawn all morning, clog the peach-colored hallways outside of the Ohio Senate. In the middle of it all is celebrity zookeeper Jack Hanna, who will be honored by both bodies, obliging legislative aides’ requests for a quick picture with their iPhones. Not far away, William G. Batchelder ’67 wraps up a quick meet-and-greet with constituents in the office reserved for the Speaker of the House. Flanked by his scheduler and advisors, Batchelder makes his way down the hall toward the House chambers in his Barry Goldwater-like spectacles. A group of protestors recognize him instantaneously. He greets them with a smile, shakes their hands, and accepts their pamphlets and buttons as he makes his way to the House floor. A loud bell clangs. Batchelder ascends the steps to the dais, and a new legislative session begins. On the opposite side of the Statehouse, Senate President Keith Faber ’91 looks down from his lectern to inquire about upcoming committee meetings. His demeanor is business-like, but not unfriendly. He values an economy of words and staying on schedule. Once the session is over, he “We are the laboratories of democracy. Let us continue our experiments, and you’ll find solutions in the things you can’t work through.” – Keith Faber ’91 Keith Faber ’91, president of the Ohio Senate, presides over proceedings during the first day of session on Oct. 2. 51 Moritz College of Law | W I N T E R JODI MILLER 2014 [ Legislative Leaders ] William Batchelder ’67, speaker of the Ohio House of Representatives, discusses his 38-year career in politics in his office at the Vern Riffe Center for Government and the Arts on Oct. 2, the first day of a new session. “I think what’s going on in Washington right now is inappropriate.” – William G. Batchelder ’67 steps down and fields questions from statehouse beat reporters gathered on the Senate floor. Although at different stages in their political careers, Batchelder and Faber share a lot of similarities. They are Republicans recognized for their conservative approaches to governing, and term limits will require both to step away from the Legislature when their current terms end. And, as leaders of the state’s two lawmaking bodies, they marveled at how bitter partisanship brought the federal government to a standstill for 16 days in October. “I’m very concerned about the country right now,” Batchelder said in an interview at his downtown office. “I think what’s going on in Washington right now is inappropriate. When you read the history of the early republic, you see a deference that’s shown by (political opponents). These things don’t happen by chance.” The dysfunction in Congress maddens Faber. He would urge members of both houses to think about the goals they want to achieve. If those cannot be accomplished, he said, then the states should be “set free.” “Allow us the independence that federalism requires, and block things like the Medicaid (funding expansion) to the states,” Faber said. “We are the laboratories of democracy. Let us continue our experiments, and you’ll find solutions in the things you can’t work through.” Ohio’s two legislative leaders sat down with All Rise to discuss how political rivals in Columbus work together without the gridlock, their leadership philosophies, and the work for which they are most proud to this point. The House Historian At 70, Batchelder has achieved an elder statesman’s status around the capital. He is the secondlongest-serving member in the history of the Ohio House of Representatives, which means in the course of a conversation, he easily rattles off the details and players involved with legislative victories and failures that most Ohioans forgot 52 T H E O H I O S TAT E U N I V E R S I T Y JODI MILLER [ Legislative Leaders ] decades ago. Sharing stories and insights accumulated over a 38-year career in the Ohio Legislature appeals to Batchelder, who studied history and Latin as an undergraduate student at Ohio Wesleyan University. It would be a mistake, however, to assume that Batchelder is at the stage of his career where he wishes to simply reminisce about past glories and wax poetic about his legacy. He is the same tenacious conservative he’s always been, which sometimes puts him at odds with members of his own party, including Ohio Gov. John R. Kasich. Such was the case in October when the Legislature and governor squared off over a $2.5 billion expansion of Medicaid under the Affordable Care Act. When both houses blocked the expansion, Kasich took the decision to a seven-member board that oversees minor adjustments to the state budget. Batchelder was among dozens of GOP representatives who signed a letter stating the bypass maneuver violated Ohio law, though he was not among the plaintiffs listed on a lawsuit filed soon after. “I’m scared to death that if we take on the process and the federal government fails in its duties, we will be in serious trouble,” Batchelder said a couple of weeks prior to the showdown. “But the governor and I have never made a secret of what we believe and think. We are very candid. You have to be very straightforward with each other and, in that relationship, value what’s going on contemporaneously in society.” Candor is a currency Batchelder believes in using when working across the aisle in the Ohio House of Representatives, too. He complimented House Minority Leader Tracy Maxwell Heard for her skill at communicating the frustrations of members from her party and “working at” finding resolutions for problems that could hinder the business of lawmaking. For his part, Batchelder says he tries not to surprise fellow lawmakers with political gamesmanship, such as bringing items to the floor under suspension. “It’s important to have people who want things to go smoothly in the sense that we all know we’re working on things together. To be frank, I don’t know how much we could accomplish if we had to deal with the things they have going on in Washington,” Batchelder said. “It’s really weird. I wouldn’t be very comfortable in that situation.” Instead, Batchelder is comfortable with Ohio politics. He’s as familiar with the transcripts of constitutional conventions from the last two centuries as he is with modern-day legislators not meeting the ethical standards he wants members to achieve. And as the second-longest-serving member in the history of the Ohio House of Representatives, he has influenced serious issues faced by the Buckeye State. During the savings-and-loan crisis in 1985, Democratic Gov. Richard Celeste tapped Batchelder to help salvage depositors’ savings. The two had served in the Ohio House together, which Batchelder refers to as a “fraternity.” Celeste shut down the state’s 71 privately insured S&Ls, and thousands of protestors filled the Ohio Statehouse rotunda and lawn. Batchelder drafted bill after bill, one of his true joys as a legislator, and Celeste thanked Batchelder for his work in a speech after the crisis passed. Batchelder’s writing skills were scrutinized more closely in 2002, when Zelman v. SimmonsHarris went before the United States Supreme Court. Ten years before, Batchelder had helped draft the legislation that served as the foundation William Batchelder on … LEADERSHIP: It requires that you have the heart of a servant. If you do, you can be a leader. If you are a person who is concentrated on themselves, it’s much more difficult. THE TEA PARTY: Like any other group, they’ve got people who are really excellent, and they have some people you have to wonder about. The House is that way! THE OHIO CONSTITUTIONAL MODERNIZATION COMMISSION: When you look at the old constitutional conventions, it could be very exciting. We have a lot of things to look at, and we have an outstanding group to do that. HIS REPUBLICAN HERO: I’m still wearing his glasses! Barry Goldwater was a wonderful man. … He visited Hubert Humphrey almost once a week. I think Goldwater and (John F.) Kennedy talked about traveling together because of the security problems they were starting to have. Ironically, of course, Kennedy was killed. But those relationships are important. If you’re guided that way, you can accomplish a lot. If you’re not – if there’s almost a peer pressure situation – it’s much tougher to do the right thing. HIS DEMOCRATIC HERO: Frank Lausche, who served as governor of Ohio and in the (U.S.) Senate for two terms. I got to know him in his 80s and 90s, and he was very much devoted to people who had needs. He was a remarkable man. He had high integrity and was extremely honest. HIS MOST VIVID LAW SCHOOL MEMORY: There are so many things that you remember. Charlie Callahan was our property professor, and he had these sayings you wouldn’t forget. He would look up toward the ceiling and say things like, “Remember: People are dying every day who never died before.” … Larry Herman particularly was one of my heroes, even though he was very liberal. He was just a totally committed teacher. I was on the national moot court team, and he worked with us every day. Those were wonderful people who dedicated their lives to us and the law. We had an outstanding faculty. Moritz College of Law | W I N T E R 2014 53 [ Legislative Leaders ] for the Cleveland school voucher program. “That’s a scary experience,” he recalled. “Your bill’s going to the Supreme Court, and for all you know Scalia says something like, ‘If this dummy hadn’t badly executed this particular paragraph, we could uphold this voucher bill.’ We were the first in the country to clear the Supreme Court, and that was exciting.” When asked what he plans to do after leaving office at the end of 2014, he makes lighthearted jokes about tending to the fields of his 182-acre farm in Medina. The last time term limits forced him out of the House, Batchelder sat on the benches of the Medina County Common Pleas Court and the Ninth District Court of Appeals. Or perhaps he will return to the classroom. He has taught at The University of Akron and Cleveland State University, and he likens the relationship between students and professors to a caucus. “My father lived to 96, and he tried cases until he was 93. He tried three jury trials that year,” Batchelder said. “We’re kind of hyper people.” The jokes aside, Batchelder believes firmly in contributing where one can; it’s what brought him back to the House in 2007. “When you see what can happen to free societies – take the case of the Roman Republic – you have to say: Jiminy Christmas! We’re really in a very special time and a special place, and it behooves people who are willing to work hard to go forward to do so – to see to it that the system is passed on.” The Senate Mediator It’s a little after 7 a.m. on Monday morning, and Faber is steering his car past the fields where soybeans and corn were just harvested. More than 100 miles lie between his home in Celina and his office in Columbus, and he makes the most of the two-hour drive by taking calls and thinking of the week ahead. He often jokes that serving as president of the Ohio Senate is the only part-time job he’s ever had that consumes 65 hours a week. The Ohio Senate is part-time in the sense that it gathers for session a couple of times each week. But as the leader of the Senate, Faber maintains a jam-packed schedule behind the scenes, broken into 15-minute increments that start with breakfast meetings in the morning and end with evening caucus meetings that can stretch to 11 p.m. There are clear differences between serving in the senate and as its leader. From a public policy perspective, Faber has to look at how issues will affect 11.4 million Ohioans instead of just his 360,000 constituents. He must interface regularly with Batchelder and Kasich on those issues. Keith Faber ’91, president of the Ohio Senate, talks about the gridlock in Washington, D.C. and the art of negotiation in legislation in his office at the Ohio Statehouse on Oct. 15. Keith Faber on … LEADERSHIP: It requires the patience of Job and the conviction of Solomon. THE TEA PARTY: People who have the courage of their convictions and the desire to get involved with their government. THE OHIO CONSTITUTIONAL MODERNIZATION COMMISSION: A work in progress. Much opportunity, but it needs to be a little bit more proactive. They’ve been in place for a year and a half, and they’ve organized. That’s it? HIS REPUBLICAN HERO: Ronald Reagan. He came at a time when the nation needed bucking up. It needed pride. It needed to focus on America’s innate greatness, and Reagan was able to conceptualize, verbalize, and be the representation that our greatest days were ahead of us. Frankly, he was just the embodiment of the American idea. YOUR DEMOCRATIC HERO: Probably (John F.) Kennedy. The concept that a young person can make a difference. His vision of trying to spur people onto greatness not for themselves but for a greater good. YOUR MOST VIVID LAW SCHOOL MEMORY: Probably being in Professor (Douglas J.) Whaley’s class. He was a very colorful professor, and it was an exciting time to learn. There’s also a group of law school colleagues, about 15 of us, who hung out and did stuff on the weekends and studied together. Those friends from law school are in my best memories. 54 T H E O H I O S TAT E U N I V E R S I T Y JODI MILLER [ Legislative Leaders ] Meanwhile, he has an obligation to colleagues in the Senate. “You have to help them achieve their legislative goals, and it can be tough keeping all the frogs in the wheelbarrow,” he said, “but I have the best job in politics right now.” Faber explains that the benefit of being one of 99 house members or 33 senators – and he has experience as both – is that he is able to put his fingerprint on any piece of legislation. His influence can be found in bills supporting workforce training programs, making $2.7 billion in income tax cuts, and cutting through the regulatory requirements Ohio businesses must meet – what he calls “getting past the bureaucratic pinheads.” While it may sound like Faber relishes the power of affecting legislation, he enjoys more the ability to use his position to serve constituents with unique problems. He recalled a tense situation one Ohio couple faced when a baby they intended to adopt from Florida arrived early. Faber said the Ohio Department of Job and Family Services refused to give the couple’s background check high priority. “You’re going to have somebody sitting in a hotel room in Florida – their baby sitting away from its parents and not bonding with them – because why? We couldn’t get an answer,” Faber said. “My wife and I considered adopting at one time, and I just really felt for these parents and the situation they were in. I called the governor.” The background check was completed weeks sooner than it would have been, and the Fabers sent a care package to the family when they returned from Florida. “Constituent service is what I feel best about,” Faber said. “The No. 1 thing I do as a legislator – and to an extent, the No. 1 thing we do as a Senate – is serve constituents’ needs, particularly constituents having issues interacting with state government.” Perhaps that is why Faber gets frustrated with the hyper-partisan climate in Washington, D.C. and with leaders taking inconsistent and hardline stances merely because it’s an adverse position. Certainly, fissures between Democrats and Republicans in the Ohio Senate can be found when it comes to budgets and elections bills, Faber acknowledged. But 85 percent of their bills have received bipartisan support in sponsorship and passage. Faber has a private practice in Celina that focuses on mediation, and what he does for clients of Faber & Associates is not unlike what he practices in the Ohio Senate: Take a complex issue; look at it from all sides; and then work with others to find a solution that can be agreed upon, even if one side doesn’t win it all. Faber calls it “getting to yes,” and admits that lawyer-legislators tend to understand the art of negotiation and mediation better than most. “Legislators who take this job seriously, whether they’re lawyers or not, understand that a floor debate is about public policy. It’s not about personality,” Faber said. “If you can separate that, you can have a very heated debate and later compliment someone on their oratorical skills, even if you disagreed with their policy.” It’s Thursday night, and the sun set hours ago over those corn and soybean fields near Celina. Faber tries to tiptoe into the house and avoid waking up his wife and two children. He will take them to school in the morning, making the most of that drive by catching up on family business. Saturday and Sunday will be spent on the sidelines of soccer fields, attending events in his district, and squeezing in hours at the law office between it all. The 47-year-old does not reveal what plans he has, if any, when his term expires in 2016, saying it’s a decision he will have to make with his wife, a college professor pursuing her own Ph.D. “Life as a Faber is pretty busy. It’s a challenge trying to balance everything and keep it under control,” he said, “but I wouldn’t change it for a minute. I’ve got the best job I’ve ever had, and we’ll worry about the next thing when it comes R time to worry about it.” A “Legislators who take this job seriously, whether they’re lawyers or not, understand that a floor debate is about public policy. It’s not about personality.” – Keith Faber ’91 William Batchelder ’67 presides over proceedings in the Ohio House of Representatives on the first day of a new legislative session on Oct. 2. JODI MILLER Moritz College of Law | W I N T E R 2014 55 Alumni News Cultural Differences Craig Bryson ’00 manages attorneys from afar, abroad at Abbott Laboratories BY SARAH PFLEDDERER Navigating I t’s not as simple as walking down the hall and knocking on a door for Craig Bryson ’00 to convene with his legal team. As area counsel for Europe, the Middle East, and Africa at Abbott Laboratories, Bryson oversees 15 lawyers responsible for helping the company steer through the legal nuances of more than 80 countries. Abbott specializes in medical diagnostics and devices, science-based nutrition products, and pharmaceuticals that, as the company’s website states, “have enduring impact on the lives of millions of people across regions and cultures.” Bryson has learned to deftly maneuver across multiple regions and cultures for the company. Based in Basel, Switzerland in an office with 200 employees representing 43 nationalities, he has tackled the intricacies of breaking down language barriers and managing lawyers and cases from afar. His approach: • Try not to use catchphrases, slang, and idioms, particularly in emails. American sports analogies and business argot like “quarterbacking” and “grow your business,” for instance, don’t always translate well to a non-native English speaker. • When possible, get in front of people for a discussion. If travel is not an option, this means using technology as much as possible. At Abbott, video-conferencing and “telepresence” – a conferencing technology Bryson equates to the bridge on Star Trek – facilitate meaningful discussions by allowing participants to feel like they’re in the same room. • Think like a generalist about foreign legal systems, latching on to common themes across countries, such as the similarities between common law systems in the U.S. and the U.K. versus civil law systems based on the Napoleonic Code. 56 T H E O H I O S TAT E U N I V E R S I T Y ANGELA KOCH Almuni News Craig Bryson ’00 oversees a team of 15 lawyers responsible for counseling Abbott Laboratories on its research and business dealings in 80 countries. Bryson and his team are on the legal frontlines for Abbott regarding issues that come up with all businesses in his region, including contract matters, litigation, compliance, and employment and labor disputes. The international component of working for Abbott, which operates in more than 150 countries, was the draw for Bryson to join the company as counsel nearly seven years ago. In fact, he’s been gearing up for a career in an international field since he was an undergraduate student at Miami University, studying French and international studies. He also earned a Certificate in International Trade and Development and participated in The University of Oxford – The Ohio State University Summer Law Program while in law school. After graduation he worked primarily on mergers and “Working for a health care company, where its objective is to maintain quality of life, and in some cases, save lives, is compelling. It makes me feel like everything I do is part of a bigger goal, which is the health of patients.” Moritz College of Law | W I N T E R 2 0 1 4 57 Alumni News acquisitions for law firms in upstate New York and Cincinnati. “I was getting really good legal experience, but it was mostly U.S.-focused,” he said. It wasn’t a tough decision for Bryson, though, to join Abbott when he was approached by an executive search consultant. He saw an opportunity to gain international experience that he simply could not pass up. Working for a worthwhile cause was another lure. “Working for a health care company, where its objective is to maintain quality of life, and in some cases, save lives, is compelling,” he said. “It makes me feel like everything I do is part of a bigger goal, which is the health of patients.” After joining Abbott in 2007, he was promoted to senior counsel within 12 months, and then moved on to various roles, including relocating to Switzerland in 2010 to support licensing, acquisitions, and manufacturing for Abbott’s new Established Pharmaceuticals Division. Initially, he agreed to a two- to threeyear commitment, but he decided to remain in Switzerland when he was appointed to his current role in January. “When Abbott initially floated the idea of us living abroad, my wife and I were very excited,” he said. “We’d always wanted to live overseas , but we’d gotten to the point in our life where we had two children and were settled outside of Chicago. We just didn’t think it was ever going to happen.” And when it did happen, it happened fast. Bryson accepted an expat position at the end of June 2010 and moved to Basel with his family in August, just in time for his two children to start at the local international school. While there was never a “baptism by fire,” per se, Bryson was quick to recall some of the difficulties of navigating foreign legal systems. “In many parts of the world, local context is often as important as the laws themselves,” he recalled. “This is why multinational companies like Abbott hire lawyers in its key markets. It’s not enough to be able to read the law, you must apply it to real-world scenarios on the ground, keeping in mind at all times the fundamental need to ensure your business is operated in a legally compliant fashion.” Several early experiences dealing with complicated legal environments, including Russia, India, and China, conditioned Bryson to manage a team of lawyers in his current position as area counsel, a designation that requires him to flex his managerial and leadership skills. “I’m still a lawyer, of course, but what I do now is mostly oversee and help my lawyers and their support staff,” Bryson said. “I help them analyze legal problems, digest relevant information and then formulate recommendations for our clients. Another primary responsibility I have is to ensure the successful development of my team, which is a responsibility I take very seriously as a manager.” Three years after the move to Switzerland, Bryson says he’s comfortable with the lawyering-side of living abroad. Yet it’s the daily life that was, and in some cases still is, the bigger challenge. 58 T H E O H I O S TAT E U N I V E R S I T Y ANGELA KOCH Before joining Abbott Laboratories, Craig Bryson ’00 worked on mergers and acquisitions for law firms in the U.S. Class Notes “For me, I still feel very much like a foreigner in the country, primarily because I never learned to speak German. I can come up with many excuses for it — I was too busy, English is the language in the office, most Swiss people speak English impeccably, etc. — but the bottom line is I didn’t put enough effort into it, and now I’m paying the price a little. Without being able to speak the local language, it will always be difficult for me feel at home here. Even normally routine things like going to the dentist or picking up your dry cleaning can be a challenge,” he said, adding that he sometimes relies on his children to translate for him. One of the benefits of living in Switzerland, though, Bryson said, is the proximity to other countries. His family relishes their time living abroad and has traveled to about 10 countries so far. Just this year they traveled to Paris, Lisbon, and Athens, went skiing in the Alps, spent Easter in Ireland, and enjoyed a long weekend in Montreux. The pace of European life, he said, is another perk. Grocery stores are typically open only until 7 p.m. on weekdays, and most businesses are closed on Sundays; this, Bryson said, he appreciates for the sake of his family. “The idea behind the restrictive shop hours is that Sunday and evenings are time you spend with family doing recreational things,” he said. “Looking back to our lives in the States, we seemed to spend most weekends shopping, running other errands, or shuffling the kids to sports and the like. Whereas now we tend to hike and travel — or even just hang out at home — as a family. When we move back, I think we have to be a little more disciplined to make sure we don’t lose that because it’s made us closer to each other.” 1950s The Honorable Robert M. Duncan ’52 was recognized by the Ohio Conference NAACP during its 2013 Ohio Champions of Diversity Awards ceremony in September. Duncan, who died at the age of 85 in November 2012, was the first black judge elected in Franklin County, first on the Ohio Supreme Court, first on the U.S. Court of Military Appeals, and first in the U.S. District Court for the Southern District of Ohio. ends in June 2019. He has more than 40 years of experience in workers’ compensation issues, serving as an attorney and managing partner of Ward, Kaps, Bainbridge, Maurer & Melvin from 1968 to 2009. He then served as a partner at the Bainbridge Firm from 2009 until 2013, and he has been involved with a number of legal organizations and commissions related to workers’ compensation issues. Michael G. Long ’69, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of betthe-company litigation and commercial litigation in The Best Lawyers in America 2014. He is the lead trial counsel for plaintiffs and defendants in state and federal courts throughout Ohio and the Eastern United States. J. Jeffrey McNealey ’69, of counsel in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of real estate zoning and land use by Chambers USA in 2013. The publication also has referred to McNealey as a “Senior Statesman” among Ohio environmental lawyers Jack R. Pigman ’69, of counsel in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of bankruptcy and restructuring by Chambers USA in 2013. He specializes in business reorganizations and creditordebtor rights law, representing debtors, creditor committees, and financial institutions and syndicates in business workouts, loan restructurings, and Chapter 11 cases. 1960s Richard J. Chernesky ’66, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of corporate law, mergers and acquisitions litigation, and mergers and acquisitions law in The Best Lawyers in America 2014. He concentrates his practice in the area of general corporate law, including negotiation, structuring, and consummation of acquisitions, divestitures, mergers, and reorganizations. Lawrence R. Elleman ’66, a partner in Dinsmore & Shohl LLP’s Cincinnati office, has been recognized as a leader in the area of commercial litigation in The Best Lawyers in America 2014. He has 40 years of experience practicing in all phases of commercial trial practice and alternative dispute resolution. Thomas (Tim) H. Bainbridge ’67 has been appointed chairman of the Ohio Industrial Commission by Ohio Gov. John R. Kasich for a six-year term that “Looking back to our lives in the States, we seemed to spend most weekends shopping, running other errands, or shuffling the kids to sports and the like. Whereas now we tend to hike and travel — or even just hang out at home — as a family.” They will have an opportunity to try it soon, as Bryson recently accepted a position in Santa Ana, Calif. as head lawyer in Abbott’s Medical Optics Division. He already feels content in a lot of ways. He was the first in his family to graduate from college, and looks forward to watching his children grow and whatever opportunity lies ahead. “If I don’t advance any further in my career, I’d be perfectly happy,” he said. “I’ve gone further than I thought I R would go — physically and metaphorically.” A Moritz College of Law | W I N T E R 2 0 1 4 59 Class Notes Thomas M. Tarpy ’69, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of employment law management and labor law management in The Best Lawyers in America 2014. He is the senior partner of the labor and employment group. Frank C. Woodside III ’69, a partner in Dinsmore & Shohl LLP’s Cincinnati office, has been recognized as a leader in the areas of bet-thecompany litigation, commercial litigation, health care law, mass tort litigation/class actions for defendants, medical malpractice law for defendants, personal injury litigation for defendants, and product liability litigation for defendants in The Best Lawyers in America 2014. Woodside is a nationally known trial lawyer representing manufacturers of pharmaceutical and medical devices, chemicals and flavorings as well as producers of consumer products. people to receive the honor in 2013, which recognizes those who have provided great service to the university in official and unofficial capacities. Blair is a member of the Moritz College of Law’s National Council, a dean’s advisory group, and has assisted the college with numerous fundraising efforts, from serving as a member of its But For Ohio State campaign committee to making a general gift to the college’s Leadership Scholarship Initiative. Charles C. Warner ’70, partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of labor and employment law by Chambers USA in 2013. He represents employers in connection with discrimination charges, express and implied employment contract issues, employment practices, and related tort and benefit claims. Harry D. Cornett Jr. ’71, a partner in the Cleveland office of Tucker Ellis LLP, was named “Lawyer of the Year” in the area of legal malpractice law for defendants in The Best Lawyers in America 2014. A fellow of the American College of Trial Lawyers and a registered patent attorney, Cornett has tried many civil and criminal cases to verdict before judges and juries in Ohio and other states. Richard G. Terapak ’71, partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of health care by Chambers USA in 2013. He chairs the firm’s health care practice group. Mary Ellen Fairfield ’72, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of litigation by Chambers USA in 2013 and in the areas of bet-the company litigation, commercial litigation, labor and employment litigation, personal injury litigation for defendants, and product liability litigation for defendants in The Best Lawyers in America 2014. She is a member of the firm’s labor and employment group. Her practice includes the defense of all types of civil litigation, including employment, business, and commercial disputes. Steven M. Nobil ’72, regional managing partner in the Cleveland office of Fisher & Phillips LLP, was named in Chambers USA: America’s Leading Lawyers for Business 2013 and was recognized as a leading lawyer in the area of labor and employment law by The Best Lawyers in America 2014. Nobil devotes his practice to representing publicand private-sector employers in all areas of traditional labor law. Andrew K. Cherney ’73, of counsel in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of banking and finance law, corporate law, and mergers and acquisitions law in The Best Lawyers in America 2014. He concentrates his practice in the areas of corporate law, corporate finance, mergers and acquisitions, joint ventures, and securities regulation. 1970s William P. Blair ’70 was honored by The Ohio State University at its August commencement ceremony with the University Distinguished Service Award. Blair was one of seven BIG CASE, BIG DEAL Michael G. Long ’69, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, led a team that successfully defended Buckingham Coal Co. against a suit filed by the U.S. Army Corps of Engineers alleging that Buckingham’s mining operations violated the federal Flood Control Acts of 1936 and 1944 as well as a 1948 agreement with the State of Ohio. The suit, which also named the state as a defendant, alleged that Buckingham’s mine, which tunneled under a tributary to Burr Oak Reservoir to reach untapped reserves controlled by the company, could cause damage to the reservoir and was contrary to federal flood control purposes. The Corps argued that the state gave Buckingham permission to mine without clearing it with them and without giving the Corps an opportunity to assess whether the mining would be consistent with flood control purposes. Federal Judge James Graham ’62 refused the Corps’ request for a temporary restraining order to block the tunneling and, in a September 2013 ruling, granted summary judgments in favor of the state and Buckingham. Buckingham is a privately owned coal producer located in Glouster, Ohio. Do you have a Big Case or Big Deal to share? Send information to firstname.lastname@example.org. 60 T H E O H I O S TAT E U N I V E R S I T Y Alumni Event REUNION WEEKEND 2013 From bestowing awards on some of the college’s most illustrious and compassionate alumni to snagging a picture with the only two-time Hesiman Trophy winner in the history of college football, Reunion Weekend was unforgettable. Honored at the Moritz Alumni Awards Ceremony were: William M. Isaac ’69, former chairman of the Federal Deposit Insurance Corp.; Franklin County Common Pleas Court Judge Richard A. Frye ’73; Ohio state Rep. Kathleen Clyde ’08; Mimi Dane ’89, CEO of Flying Horse Farms; and Dianna Parker ’05, Legal Aid Society of Columbus pro bono coordinator. Additionally, the classes of 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003, and 2008 were honored, and their fundraising challenge continues through Dec. 31. For details, visit moritzlaw.osu.edu/ alumni/events/reunions. JODI MILLER Moritz College of Law | W I N T E R 2 0 1 4 61 Alumni News Shariq Kathawala ’08 works in the nation’s second-largest prosecutor’s office. ‘I achieved my dream’ National Guardsman makes a difference as Chicago prosecutor BY MICHAEL PERIATT s both a prosecutor in the city of Chicago and a Judge Advocate General in the military, Shariq Kathawala ’08 is using education from The Ohio State University Moritz College of Law to serve a larger community. Balancing the two careers can difficult at times, but Kathawala has always felt the need to give back. “I have two legal jobs, and both of them are very satisfying in A different ways,” he said. His full-time job is as a prosecutor for the Cook County State’s Attorney, which serves the city of Chicago and is the second-largest prosecutor’s office in the nation behind Los Angeles County. He was recently promoted to work in the delinquency division, where he prosecutes minors accused of a wide variety of crimes. He’s also worked in the criminal misdemeanors and child 62 T H E O H I O S TAT E U N I V E R S I T Y JENNY FONTAINE Class Notes protection divisions. “You see some bad things,” he said. “But I think most prosecutors are professionals, and they learn to compartmentalize themselves while still being empathetic and good listeners. I think the trick is to have that balance.” More days than not, he’s in the courtroom arguing or preparing cases. The job is short on monotonous paperwork, he said, and instead gives him a lot of real responsibility in cases that affect people’s lives. “These are real live people you are dealing with, and you are making very important decisions,” he said. “I didn’t want to be in an office all day long, doing legal research and writing; so I chose the best alternative to that.” His decision to go into prosecution stems from his experience at Moritz. He excelled in Trial Advocacy and decided he would like his career to center around being in the courtroom. During his second year, he started working for the Franklin County Prosecutor’s Office and kept the job until he graduated. But Kathawala almost never went to Moritz. He was enrolled for his first semester at a different law school in 2003 when he was mobilized by the National Guard to serve in Germany. He had joined the National Guard just after Sept. 11, 2001 after going through the ROTC program at the University of Illinois. When he was mobilized two years later, he withdrew from law school to serve, primarily working as a law enforcement officer. “I learned a lot about leadership,” he said. “It was my first real continuous job after college. There were some challenges, but it was very nice in terms that I got to learn all that in a peacetime environment. A lot of people learned all that stuff while they were getting shot at.” For Kathawala, the experience proved invaluable. “I learned a lot of lessons there I would apply later on when it came to dealing with people or leading people,” he said. Toward the end of his 13 months in Germany, he decided to apply to Moritz, citing its location and high academic standards as factors that piqued his interest. Kathawala still serves in the National Guard, which requires volunteering one weekend a month and another two-week period each year. In addition to his work as a prosecutor, he works as a JAG, a position he has held since 2009. The job entails a variety of responsibilities, including giving legal advice to commanders and soldiers, assisting with wills before deployment, and making sure soldiers receive their due process. He also has been involved with cases involving sexual misconduct within the military. “You might spend a lot of uncompensated hours preparing, but I’m fine doing it because it is important work,” he said. Kathawala lives in Chicago’s South Side. In his free time, he holds out hope the Cubs will one day find success and roots for the Buckeyes – as long as they aren’t playing Illinois. “It was my goal for a long time to move to Chicago and be a R prosecutor,” he said. “I felt like I achieved my dream.” A Stephen C. Fitch ’73, a partner in the Columbus office of Taft, Stettinius & Hollister LLP, was recognized as a leading lawyer in the area of general commercial litigation by Chambers USA in 2013. Fitch routinely represents clients in all aspects of civil trial and appellate litigation, alternative dispute resolution, and professional responsibility. Curtis A. Loveland ’73, a partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of corporate mergers and acquisitions by Chambers USA in 2013. He serves as chair of the firm’s corporate department. David J. Sternberg ’73 was elected to serve a threeyear term as District 18 representative on the Board of Governors of the Ohio State Bar Association. He is a principal in the Mentor, Ohio firm of Sternberg and Zeid Co., LPA. Sternberg and his wife, Marlene, live in Beachwood, Ohio. Edward M. Kress ’74, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of corporate law, real estate litigation, and real estate law in The Best Lawyers in America 2014. He concentrates his practice in the areas of general corporate law, including all phases of securities law, acquisitions, divestitures, mergers and reorganizations. Frederick L. Ransier III ’74, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of bankruptcy and creditor debtor rights in The Best Lawyers in America 2014. He is a member of the bankruptcy practice and the government affairs and lobbying groups. He has served as a bankruptcy trustee for the Southern District of Ohio since 1988 and represents clients in commercial and real estate matters. Louis E. Tosi ’74, partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, was recognized as a leading lawyer in the area of natural resources and environmental law by Chambers USA in 2013. He has substantial experience in class actions and complex litigation, and he chairs the firm’s environmental practice group. The Honorable G. Gary Tyack ’74 has been elected chief justice of Ohio Courts of Appeals Judges Association. He will assume the post Jan. 1. Tyack has been involved with and served in leadership positions with many legal and judicial associations, civic organizations, and his church. Curtiss L. Isler ’75, a partner in the Los Angeles office of Tucker Ellis LLP, was recognized in The Best Lawyers in America 2014 as a leading lawyer in the areas of product liability litigation for defendants and mass tort litigation/ class actions for defendants, in which he also was named “Lawyer of the Year.” Isler’s practice focuses on the defense of products liability and asbestos litigation. He has participated in more than 40 appellate arguments and has tried to completion more than 50 jury cases in state and federal courts. Moritz College of Law | W I N T E R 2 0 1 4 63 Alumni Event ORIENTATION PICNIC Itâ€™s where friendships begin over the anxious laughter produced by pre-law-school jitters. During the Orientation Picnic, held Aug. 15, incoming 1Ls and LL.M. students mingled with professors and deans on the lawn in front of Drinko Hall. Some facts about the Class of 2016: It is comprised of 104 men and 74 women. Their ages range from 20 to 59. They come from 25 states and four foreign countries. Six percent hold advanced degrees. 64 T H E O H I O S TAT E U N I V E R S I T Y TODD CALLENTINE, MONICA DEMEGLIO, AND LISA EGGERT Class Notes Robert A. Minor ’75, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of workers’ compensation law in The Best Lawyers in America 2014. He is a member of the labor and employment law group and helps clients with occupational safety and health and disability management matters. Charles R. “Rocky” Saxbe ’75, partner-incharge in the Columbus office of Taft, Stettinius & Hollister LLP, was recognized as a leading lawyer in the area of general commercial litigation by Chambers USA in 2013. Over the course of his career, he has acted as principal litigation counsel in numerous complex litigation cases, including national tobacco litigation involving the State of Ohio. B. Joseph Schaeff ’75, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of copyright law, intellectual property litigation, and trademark law in The Best Lawyers in America 2014. He has practiced in the fields of trademark law and copyright law for more than 30 years. Jonathan M. Norman ’76, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of individual employment law, employment law management, labor law management, and labor and employment litigation in The Best Lawyers in America 2014. He is a member of the labor and employment law group. John Travis ’76, manager of the insurance practice group at Gallagher Sharp’s office in Cleveland, was recognized by The Best Lawyers in America 2014. He is a member of the firm’s executive committee. Travis focuses his practice on counseling and representing insurers in coverage matters. Robert C. Tucker ’76, a partner in the Cleveland office of Tucker Ellis LLP, was named “Lawyer of the Year” in the area of bet-the-company litigation in The Best Lawyers in America 2014. He is a trial lawyer who specializes in products liability and medical malpractice cases, with an emphasis on the defense of pharmaceutical companies, physicians and hospitals, and manufacturers of consumer products. Stephen E. Chappelear ’77, a member of Frost Brown Todd, is serving a three-year term on American Bar Association Board of Governors, representing District 7. Chappelear has been a member of the ABA House of Delegates since 2004 and is a past president of the National Conference of Bar Foundations, the Ohio State Bar Association, the Ohio State Bar Foundation, and the Columbus Bar Association. Alan Fishman ’77 recently was installed as president of the Broward County Florida Bar Association. Fishman resides in Coral Springs, Fla. with his wife, Rhonda, and practices in Lauderdale by the Sea. The Honorable Frank A. Fregiato ’77 has been appointed to the Belmont County Common Pleas Bench by Ohio Gov. John R. Kasich. Fregiato must run in the November 2014 general election to serve a full six-year term that begins Feb. 9, 2015. He has served as special counsel to the Ohio Attorney General since 1995. He and his wife, Cynthia, have two children. The Honorable Carla Moore ’77 of the Ninth District Court of Appeals addressed The University of Akron’s Black Law Students Association at a spring banquet and encouraged them to adhere to an ethical code steadfastly. “Your reputation in the legal community is really all that you have,” she told students. “You fight your entire career to build it and keep it unstained. It takes one careless moment, one careless decision to mar it. What you say and do matters.” Robert “Buzz” Trafford ’77, managing partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of general commercial litigation by Chambers USA in 2013 and named “Lawyer of the Year” in the area of mergers and acquisitions by Best Lawyers. Trafford concentrates his practice in the area of complex business litigation, at both the trial and appellate levels, including securities fraud; director and officer liability and other corporate governance matters; attorney and accountant liability; trade secrets; and consumer class actions. Richard Barnhart ’78, partner at Ice Miller LLP, has been recognized by Chambers USA in the banking and finance practice area. Barnhart focuses his practice on general business transactions, business acquisitions and dispositions, banking transactions, and international business transactions. Barnhart has extensive experience counseling clients on an array of legal, financial, and practical issues. Robert M. Curry ’78, partner-incharge of the Thompson Hine LLP’s Dayton office, recently received two honors: the 2013 Robert L. Hausser Memorial Award from the Ohio State Bar Association Real Property Section and the Smith-Moore Award, the highest volunteer recognition award given by the United Way of the Greater Dayton Area. Robert A. Meyer Jr. ’78, a partner in Porter Wright’s corporate department, has been elected as president of the Columbus Bar Foundation for the 2013-14 term by the trustees of the foundation. Meyer is a fellow of the foundation and served as its vice president for the 2012-13 term. In addition to his service to the Columbus Bar Foundation, Meyer is president of 412 Sycamore Inc., a nonprofit organization associated with the Episcopal Diocese of Southern Ohio. Also, Chambers USA recognized Meyer as a leading lawyer in the area of real estate zoning and land use in 2013. Moritz College of Law | W I N T E R 2 0 1 4 65 Class Notes Dennis G. Schwallie ’78, a partner in the Columbus office of Peck, Shaffer & Williams LLP, was included in The Best Lawyers in America 2014. Schwallie has more than 30 years of experience in public finance law, including innovative structured financings for convention centers in Cincinnati and Columbus and for political subdivisions undergoing fiscal distress. David A. Swift ’78, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of trusts and estates in The Best Lawyers in America 2014. He is a member of the tax group and practices in the area of estate planning, estate and trust administration, and representation of tax-exempt organizations. John M. Stephen ’79, partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of labor and employment law by Chambers USA in 2013. Stephen has practiced exclusively in that field for 30 years, representing employers throughout the country in administrative, arbitration, mediation, trial, and appellate proceedings. H. Grant Stephenson ’79, a partner in the Columbus office of Porter Wright, was named “Lawyer of the Year” in the area of equipment finance law by Best Lawyers. Stephenson practices banking, securities, and commercial law and also works on corporate governance issues, financial institution mergers and acquisitions, technology contracts, payment system matters, and complex financing transactions for borrowers and lenders. John P. Wellner ’79, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of real estate by Chambers USA in 2013 and in the area of real estate law in The Best Lawyers in America 2014. His practice is focused on general real estate and real estate development, and he has represented developers, ventures, owners, operators, borrowers, and lenders throughout the country. trusts and estate, and tax law. Caspar chairs the firm’s taxation practice group. Douglas G. Haynam ’80, partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, was recognized as a leading lawyer in the area of natural resources and environmental law by Chambers USA in 2013. He has extensive experience under CERLA and RCRA, the Clean Air Act, the Clean Water Act, and other environmental statutes and regulatory programs. Chris J. North ’80, a retired partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of employment law management and labor law management in The Best Lawyers in America 2014. He was a member of the labor and employment law group. Steven H. Schreiber ’80, a partner in Dinsmore & Shohl LLP’s Cincinnati office, has been recognized as a leader in the areas of real estate litigation and real estate law in The Best Lawyers in America 2014. He is a licensed title agent and President of Mercantile Title Agency, Inc. Carl D. Smallwood ’80, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of appellate practice, commercial litigation, mass tort litigation/class actions, product liability litigation for defendants, and workers’ compensation law in The Best Lawyers in America 2014. He is a member of the firm’s litigation group. 1980s Frederick J. Caspar ’80, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a “Lawyer of the Year” in the area of trusts and estates in The Best Lawyers in America 2014. He also was cited as a leader in corporate law, tax litigation and controversy, BIG CASE, BIG DEAL Through her dogged reporting, Erin Moriarty ’77 helped secure the freedom of a Missouri man convicted for a murder he didn’t commit. The Western District of the Missouri Court of Appeals vacated the 2005 conviction of Ryan Ferguson, ruling that prosecutors withheld crucial evidence and that he did not get a fair trial in the 2001 murder of Columbia Daily Tribune sports editor Kent Heitholt. When she began reporting on Ferguson’s case eight years ago as a correspondent for 48 Hours, Moriarty found it “disturbing.” Charles Erickson, a friend of Ferguson who struggled with drugs and alcohol, told police two years after the murder that he and Ferguson committed the crime. Moriarty reviewed the tape of the police interrogating Erickson and was astonished as they provided Erickson with details of the murder in an attempt to coax the confession. Hair, fingerprints, and bloody footprints at the scene did not point to Ferguson either, and there were flaws with other pieces of evidence as well, as Moriarty reported in 2005. “I know what it is to be a teenager; I don’t know what it is to be an adult in the real world,” Ferguson told Moriarty following his release. “I look forward to finding myself out and what it is I enjoy and what it is I love about life.” Do you have a Big Case or Big Deal to share? Send information to email@example.com. 66 T H E O H I O S TAT E U N I V E R S I T Y Class Notes Michael C. Zellers ’80, a partner in the Los Angeles office of Tucker Ellis LLP, was recognized as a leading lawyer in the area of product liability litigation for defendants in The Best Lawyers in America 2014. He has tried to verdict numerous cases in the areas of antitrust, business, insurance, medical device, pharmaceutical, professional liability, trade secret, and unfair competition. Philip J. Halley ’81, a shareholder with Whyte Hirschboeck Dudek S.C. in Milwaukee, was named “Lawyer of the Year” in the area of trusts and estates by The Best Lawyers in America 2014. He co-leads his firm’s trusts and estates and trust, estate, and fiduciary litigation teams. Linda R. Mendel ’81, of counsel in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the areas of employee benefits and executive compensation by Chambers USA in 2013 and leader in the area of employee benefits (ERISA) law in The Best Lawyers in America 2014. She works with employers and multi-employer plans on health and welfare benefit plan issues. Brett L. Miller ’81, a partner in Dinsmore & Shohl LLP’s Columbus office, has been recognized as a leader in the area of workers’ compensation law for employers in The Best Lawyers in America 2014. He represents major manufacturing companies, interstate trucking companies, food processing, retail, and institutional clients. Daniel J. Minor ’81, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of real estate law in The Best Lawyers in America 2014. Minor represents developers and lenders in mortgage loan financing transactions and is a member of the finance, energy, and real estate group. Richard D. Schuster ’81, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of commercial litigation in The Best Lawyers in America 2014. He chairs the toxic tort practice group, and his practice includes serving as national coordinating counsel to several Fortune 500 companies. John F. Stock ’81 has been named partnerin-charge of Benesch’s Columbus office. He will serve a three-year term, overseeing the operation and growth of the 29-attorney office while maintaining his legal practice, in which he focuses on business litigation, including disputes pertaining to labor and employment, intellectual property, software licensing, land use regulation, and ERISA/fiduciary liability. Stock also is vice chair of the firm’s litigation practice group. Susan Tobin ’81 accepted a position at JP Morgan Chase in September to assist the company with compliance with the Americans with Disabilities Act. Tobin previously spent 32 years as an attorney with Ohio’s Protection and Advocacy System for people with disabilities. James P. Botti ’82, a partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of bankruptcy and restructuring by Chambers USA in 2013. He chairs the firm’s bankruptcy and reorganization practice group. Benita A. Kahn ’82, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of national privacy by Chambers USA in 2013 and in the area of energy law in The Best Lawyers in America 2014. She chairs the firm’s technology and intellectual property group and is a member of the public utilities group. Robert “Bob” S. Kiss ’82 has been appointed as cabinet secretary of the West Virginia Department of Revenue by West Virginia Gov. Earl Ray Tomblin. Kiss represented Raleigh and Summers counties from 1989 to 2006 in the West Virginia House of Representatives and held several leadership positions, including finance chair from 1993 to 1996 and speaker from 1997 to 2006. During his service in the House, Kiss was instrumental in major economic and fiscal legislation including state tax policy, workers’ compensation, PEIA and Medicaid, and the state’s Tax Increment Financing legislation. He most recently worked as partner at Bowles Rice Attorneys at Law in Charleston, W.Va., practicing in the areas of tax, estate planning, and commercial law. He lives in Charleston with his wife, Melinda. u Are you at least 70½? Would you like to help the law school? v Those who are 70½ or older are eligible to transfer up to $100,000 directly from an IRA to The Ohio State University Moritz College of Law without paying income tax on the distribution. This opportunity is available for a limited time! Contributions must be made by Dec. 31, 2013. For more information, contact Senior Director of Development Erin Neal at (614) 247-2538 or firstname.lastname@example.org. w x 67 Moritz College of Law | W I N T E R 2 0 1 4 Class Notes Donald B. Leach Jr. ’82, a partner in the Columbus office of Dinsmore & Shohl LLP, was recognized as a leading lawyer in the area of construction law by Chambers USA in 2013 and as a “Lawyer of the Year” in the area of construction law in The Best Lawyers in America 2014. Leach has assisted clients in litigation and transactional matters, and he has represented parties in both the public and private sectors. William J. Leibold ’82, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of antitrust law, corporate law, and antitrust litigation in The Best Lawyers in America 2014. He concentrates his practice in the area of business and corporation law. Thomas E. Szykowny ’82, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of insurance law in The Best Lawyers in America 2014. He is a member of the corporate group and concentrates on insurance regulatory and transactional matters. David R. Wickham ’83, a partner in Dinsmore & Shohl LLP’s Dayton, Ohio office, has been recognized as a leader in the areas of trusts and estates and trusts and estates litigation in The Best Lawyers in America 2014. He concentrates his practice in the area of federal and state tax law, probate, exempt organizations, and estate planning. Catherine T. Dunlay ’84, a partner in the Columbus office of Taft, Stettinius & Hollister LLP, was recognized as a leading lawyer in the area of health care law by Chambers USA in 2013. Dunlay co-chairs the firm’s health and life sciences practice group, and among the clients she represents are hospitals, physicians, and health care organizations. Elizabeth T. Smith ’84, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of personal injury litigation in The Best Lawyers in America 2014. Her practice includes business, commercial, contract, employment, occupational disease, intentional torts, and probate litigation. Marilena R. Walters ’84, a partner in Dinsmore & Shohl LLP’s Columbus office, has been recognized as a leader in the area of medical malpractice law for defendants in The Best Lawyers in America 2014. Walters is a pharmacist-attorney whose practice is primarily devoted to the defense of medical negligence cases at the trial and appellate level. Her clients include hospitals and physician groups. Susan S. Box ’85, a partner in the Akron, Ohio office of Roetzel & Andress, was named a “Lawyer of the Year” in the area of product liability litigation for defendants by The Best Lawyers in America 2014. Box focuses her practice on product liability, defense, and regularly represents clients on matters involving asbestos litigation, toxic tort litigation, and other general product liability matters. TAILGATE SEASON A SUCCESS The 2013 football season will be memorable for many reasons, including the introduction of a new feature at the Moritz College of Law tailgates. Yes, the gourmet buffet and scarlet and gray returned. But our alumni and friends seemed to truly enjoy the “photo booth” fun most of all. Whether they donned an oversized pair of glasses, wrapped themselves up in a boa, or simply struck a Heisman Trophy pose, these Buckeye fans showed that school pride – and a healthy sense of humor – never go out of style. 68 T H E O H I O S TAT E U N I V E R S I T Y JODI MILLER Alumni Event Moritz College of Law | W I N T E R 2 0 1 4 69 Alumni News An Education in Politics Alumna combines law degree, Ph.D. in career at mayor’s office BY MICHAEL PERIATT K eisha Hunley-Jenkins ’05 never thought she would Keisha Hunley-Jenkins ’05 sees “major projects come to life” in the Columbus Mayor’s Office. pursue a career in politics. But after the office of Columbus Mayor Michael Coleman called with a job offer, she’s now directing an office in City Hall. Hunley-Jenkins is the director of external affairs for the mayor, a role in which she connects with the community on a grass-roots level and then helps shape policy to address the community’s needs. “No two days are the same,” she said, adding that the job is more rewarding than any professional experience she’s had in her life. “I get to see major projects come to life here,” she said. “To be able to come to work every day and actually see the impact of your work and that you’re leaving a legacy here on the community of community improvement, that factor alone is incredibly attractive.” Just four months into the job, Hunley-Jenkins already was playing a central role in improving Columbus City Schools. Because of less-than-stellar grades on state report cards, a data-scrubbing scandal, and the link between public education and future economic vitality for the city, the school district has become one of the most important issues for Coleman’s administration. Hunley-Jenkins’ background prepared her for the role, though. Education issues have interested her ever since her undergraduate years at The Ohio State University. Being a teacher in the classroom didn’t appeal to her, but shaping education policy and improving its accessibility did. After exploring what non-teaching opportunities 70 T H E O H I O S TAT E U N I V E R S I T Y TODD CALLENTINE Class Notes existed in the field, she realized going to the Moritz College of Law would help her achieve her career goals. “I felt like going to law school would help organize my thoughts in what I wanted to do in a way that people who are in legislative and decision-making roles understand,” she said. To supplement her J.D., she pursued a master’s degree in education administration through a combined degree program at Ohio State. She went on to earn her Ph.D. in education administration as well. Having the opportunity to work toward two degrees at once was extremely beneficial, she said, because she could “see the overlap between my studies and how education policy tied directly into case law and statutes.” Her formal education – in addition to her experience working for a nonprofit education policy organization called KidsOhio.org – prepared her for her role in the mayor’s office. She is helping to create a new Office of Education focused primarily on kindergarten through 12th grade and also will help hire the director for the department. Douglas P. Currier ’85, a partner with the Portland, Maine office of Verrill Dana LLP, has been recognized as a leader in the labor and employment law field by Chambers and Partners and was selected by peers for inclusion in The Best Lawyers in America 2014. While Currier’s practice primarily focuses on labor and employment law and litigation, he also regularly handles business immigration matters on behalf of clients. Webb I. Vorys ’85, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of corporate law in The Best Lawyers in America 2014. He is a member of the energy and health care practice groups. Thomas M. Wood ’85, a partner in the Tampa, Fla. office of Shumaker, Loop & Kendrick LLP, was named as a leading lawyer in the area of commercial litigation in The Best Lawyers in America 2014. Wood focuses his practice on litigating for and consulting with businesses and financial institutions on a wide variety of legal issues. Barbara Andelman ’86 has been named the chief operating officer of Cleveland-based Spangenberg Shibley & Liber. Prior to that, Andelman served as the associate dean at Case Western Reserve School of Law from 1988 to 2007 and more recently as the executive director of the National Association of Consumer Bankruptcy Attorneys. Dean Jacob ’86 will become in January the president and CEO of the Marion Community Foundation, a grant-making organization with more than $37 million in assets supporting nonprofit organizations and the people of Marion County, Ohio. Jacob was one of 100 who applied for the position, according to the foundation. He is a lifelong resident of Marion and has focused his career there on estate planning and probate issues. Jacob also is president of the Marion County Bar Association and active in a number of community organizations. Mark L. Sarlson ’86, a partner in the Cleveland office of Roetzel & Andress, was recognized as a leading lawyer in the areas of banking and finance law and financial services regulation law by The Best Lawyers in America 2014. He focuses his commercial finance practice on the representation of financial institutions and publicly and privately held corporations in lending transactions. David J. Coyle ’87, a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP received the “Distinguished Service Award” at the 2013 Access to Justice Awards Dinner held on April 30 for his commitment to the mission and work of legal aid in Northwest Ohio. His practice includes commercial litigation, bankruptcy, commercial foreclosures, replevin actions, condemnation proceedings, and business torts. “To be able to come to work every day and actually see the impact of your work and that you’re leaving a legacy here on the community of community improvement, that factor alone is incredibly attractive.” —Keisha Hunley-Jenkins ’05 During her time as a policy analyst at KidsOhio.org and also as community relations associate at JPMorgan Chase & Co., she established critical connections that are helping in her new political career. “I’ve formed relationships with district administration and with school board members,” she said. “I have the ability to help make the education director really successful and make those connections necessary to hit the ground running and be able to provide him with some context.” Born and raised in Columbus, Hunley-Jenkins now has the opportunity to help the community where she grew up and is now raising her own family. She and her husband, Aaron, have two children – a 7-year-old son, Julius, and a 4-year-old daughter, Jiselle. She said her legal education helps her perform her job at a high level every day. “My legal training helps me tremendously with communication, both oral and written,” she said. “I’m also able to clearly, concisely, and quickly identify the issues in a given situation, understand the nuances or multiple perspectives, and work logically to come up with an inclusive and effective R solution – or at least lay groundwork to do so.” A Moritz College of Law | W I N T E R 2 0 1 4 71 Class Notes Sally O. Hagerty ’87 has been named partner at Ryan Ryan Deluca LLP. Hagerty has been with the firm since 2008 and practices in the firm’s litigation department, primarily defending civil lawsuits in the areas of professional negligence, medical malpractice, and longterm care. Hagerty also holds a degree in nursing, which is used in her job with the Stamford, Conn. law firm. Randall LaTour ’87, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of bankruptcy by Chambers USA in 2013 and in the areas of bankruptcy and creditor debtor rights and bankruptcy litigation in The Best Lawyers in America 2014. He leads the firm’s bankruptcy practice group, with a practice focused on bankruptcy proceedings and workouts. Douglas R. Matthews ’87, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of commercial litigation and employment law management in The Best Lawyers in America 2014. His practice focuses on electronic discovery matters, and he heads the firm’s electronic discovery practice group. Robert J. Tannous ’87, partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of corporate mergers and acquisitions by Chambers USA in 2013. He chairs the firm’s corporate finance and securities practices group. Mark E. Vannatta ’87, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of nonprofit/charities law, trusts and estates, and tax law in The Best Lawyers in America 2014. He is a member of the tax group and practices in the area of estate planning. Philip F. Downey ’88, a partner in the Akron office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of bet-the company litigation and commercial litigation in The Best Lawyers in America 2014. Downey’s practice focuses on oil and gas litigation, toxic tort litigation, and litigation in a variety of areas, including financial institutions, bankruptcy, probate, product liability, and general commercial litigation. Jan E. Hensel ’88, a partner in the Columbus office of Dinsmore & Shohl LLP, was recognized as a leading lawyer in the area of labor and employment law by Chambers USA in 2013. Hensel has devoted her practice exclusively to representing employers, helping them comply with state and federal employment laws. Richard J. Helmreich ’89, a partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the areas of employee benefits and executive compensation by Chambers USA in 2013. He serves as chair of the firm’s employee benefits practice group. John L. Landolfi ’89, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of commercial litigation in The Best Lawyers in America 2014. He has counseled and defended retailers, manufacturers, and distributors across the nation and is co-leader of the firm’s intellectual property litigation subgroup. Susan G. Sheridan ’89, a partner in Dinsmore & Shohl LLP’s Columbus office, has been recognized as a leader in the area of commercial litigation in The Best Lawyers in America 2014. She represents all forms of business entities in organizational, operational, and transactional matters. Andrew G. Sykes ’89, managing attorney of Sykes Elder Law, has been certified as an elder law attorney by the National Elder Law Foundation, the only organization recognized by the American Bar Association to offer such certification. To achieve the designation of Certified Elder Law Attorney (CELA), an attorney must meet a number of requirements, including passing a written test; showing experience in estate planning, advising on retirement, planning for public benefits, and more; attending at least 45 hours of continuing legal education courses over three years; and other requirements. Sykes helps clients as a CELA in Pittsburgh, where he has practiced law for more than 21 years and is a recognized leader in the elder law field. Kristin L. Watt ’89, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of natural resources and environmental law by Chambers USA in 2013 and in the areas of environmental law and environmental litigation in The Best Lawyers in America 2014. She chairs the firm’s environmental group. 1990s Sharon M. Fulop ’90 was awarded the 2013 Ohio Glass Ceiling Award by the National Diversity Council. Fulop was recognized for her leadership, excellence, and accomplishments and was one of 22 recipients of this award in the State of Ohio. Fulop is a partner in the Toledo office of Shumaker, Loop & Kendrick, LLP. The Honorable Terre L. Vandervoort ’90 has been appointed to the Fairfield County Probate/Juvenile Court by Ohio Gov. John R. Kasich. Vandervoort most recently was the law director and city prosecutor for Lancaster, Ohio. She must run in the November 2014 general election to serve a full six-year term starting Feb. 9, 2015. Bradley A. Wright ’90, partner-incharge of the Akron office of Roetzel & Andress, has been named chair for 2013-14 of USLAW NETWORK, Inc. The organization is comprised of more than 100 independent, defense-based law firms with 6,000 attorneys in the U.S., Canada, Latin America, Europe, Asia, and Africa. Wright previously has served as vice chair and secretary/treasurer for the organization. 72 T H E O H I O S TAT E U N I V E R S I T Y Class Notes Theodore P. Mattis ’91, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of commercial litigation and workers’ compensation law in The Best Lawyers in America 2014. He is a member of the firm’s health care and litigation groups. Kara J. Trott ’91 and the company for which she serves as CEO, Quantum Health, were named to the Women Presidents’ Organization’s 2013 list of “50 Fastest-Growing WomenOwned/Led Companies in North America.” Quantum Health jumped up 18 spots to the 26th spot. It’s the second consecutive year that the company has been included on the list. Robert A. Harris ’92, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of employment law management in The Best Lawyers in America 2014. He is a member of the labor and employment and immigration practice areas. Lance A. Morrison ’92 has joined Cortland Banks as vice president, general counsel, and director of human resources. Morrison has 21 years of experience in employment law, commercial real estate, corporate law, and business law. He lives in Beaver Township, Ohio with his wife, Geneen Marie, and their two daughters, Katharine and Olivia. Joseph P. Koncelik ’93 has joined the Cleveland office of Tucker Ellis LLP as counsel. Koncelik practices in the areas of environmental law and oil and gas. Before entering private practice in 2007, he held several senior management positions at the Ohio Environmental Protection Agency and served as an Ohio assistant attorney general in the Environmental Enforcement Section. Lee M. Stautberg ’93, a partner in Dinsmore & Shohl LLP’s Cincinnati office, has been recognized as a leader in the areas of tax litigation and controversy, trusts and estates litigation, tax law, and trusts and estates in The Best Lawyers in America 2014. She directs her primary attention to the needs of privately held businesses and their owners, where she serves as attorney and trusted advisor on business issues as well as tax and estate planning. Erika L. Haupt ’94, partner-incharge in the Columbus office of Roetzel & Andress, was recognized as a leading lawyer in the areas of trusts and estates litigation and trusts and estates by The Best Lawyers in America 2014. Haupt focuses her practice on wealth transfer and estate planning matters. Curt Werren ’92 has been appointed by Ohio Gov. John R. Kasich to the Stark County Court of Common Pleas. He has been an attorney and partner with Day Ketterer, Ltd. and was recently serving as CEO and director of the Stark County Red Cross. Jennifer Bibart Dunsizer ’93, of counsel in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of employee benefits and executive compensation by Chambers USA in 2013. She is a member of the firm’s labor and employment group. BIG CASE, BIG DEAL Breaden M. Douthett ’91 and Michael J. Montgomery ’99 recently completed a bench trial in a bankruptcy adversary proceeding related to the multimillion-dollar Ponzi scheme conducted through Akron-based Fair Finance Co. The action related to a series of insider loans made to Daniel Laikin, a former Fair director. After years of contentious litigation, the trial culminated in the court finding Laikin liable for $32.9 million in addition to attorney fees. In a press release, the trustee for the Fair Finance estate remarked that the litigation team from Baker & Hostetler LLP, led by Douthett and Montgomery, “worked extremely hard to bring this judgment forward” and that he “could not be more pleased with this just result.” Douthett and Montgomery are members of Baker Hostetler’s litigation group, working out of the firm’s Cleveland office. Their practices focus on complex commercial and appellate litigation. Michael . Montgomery ’99 Breaden Douthett ’91 Do you have a Big Case or Big Deal to share? Send information to email@example.com. Moritz College of Law | W I N T E R 2 0 1 4 73 Class Notes Brian G. Miller ’94 of Brian G. Miller Co., L.P.A. in Columbus, was selected again by peers for inclusion in The Best Lawyers in America 2014 in the area of personal injury litigation plaintiffs. Christopher M. Berhalter ’96 was appointed by Ohio Gov. John R. Kasich to the Belmont County Court, Northern Division. He took the bench on Nov. 18 and will need to run in the November 2014 general election to retain his seat. Berhalter most recently was the Belmont County prosecutor and has served a number of community organizations. The Honorable Earl “Duke” Frost ’96 has been appointed to the Licking County Court of Common Pleas, Domestic Relations Division by Ohio Gov. John R. Kasich. Frost, who most recently was a Newark, Ohio city councilman and assistant prosecutor in Licking County, must run for the seat in November 2014 to serve out the remainder of the term, which ends Dec. 31, 2016. Jill S. Tangeman ’96, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of real estate land use and zoning by Chambers USA in 2013 and in the area of land use and zoning law in The Best Lawyers in America 2014. She focuses her practice in commercial real estate. The Honorable Erin K. Alexander ’97 was appointed to a seat on the San Bernardino County Superior Court by California Gov. Jerry Brown in May. Alexander had served as a San Bernardino County deputy public defender since 2005 and in the San Diego Alternate Public Defender’s Office before that. James A. Marx ’97, of counsel in Dinsmore & Shohl LLP’s Cincinnati office, has been recognized as a leader in the areas of corporate law and real estate law in The Best Lawyers in America 2014. His corporate practice focuses on mergers and acquisitions, debt financing, and general commercial transactions. He serves as legal counsel to The Cincinnati Reds LLC. Matt A. Mayer ’97 is the president of Opportunity Ohio, a free market think tank in Dublin, Ohio. Mayer previously worked for The Buckeye Institute of Public Policy Solutions in Columbus and the Department of Homeland Security in Washington, D.C. Natalie Segall ’97 and her law partner, Cameron Banko, were married at Park City Mountain Resort on Jan. 18, 2013. Segall has lived in Park City, Utah since 1997. The couple, who met in Vail, Colo. through mutual friends, opened their general law practice in August 2008 in Park City. Gabe Goddard ’98 joined Jensen Investment Management, Inc. in Portland, Ore. as chief compliance officer and general counsel. Previously, he served as senior compliance officer at Fifth Third Asset Management; associate compliance officer and later CCO of CinFin Capital Management; and as associate compliance attorney and staff counsel for subsidiaries of Cincinnati Financial Corp. Andrea Seidt ’98, Ohio’s securities commissioner, began in October a one-year term as president of the North American Securities Administrators Association (NASAA), the oldest international organization devoted to investor protection. Seidt has served as commissioner of securities since 2008. Prior to her appointment, she worked on investor and consumer protection litigation as deputy chief counsel for the Ohio Attorney General’s Office. Michael Kass ’99 and his wife, Stacy, celebrated the birth of a baby boy, Shlomo Kass, this past year. Shlomo received a warm welcome into the family by his five older siblings. Professionally, Kass was named to the 2013 and 2014 editions of The Best Lawyers in America for “Employment Law - Management.” Kass is a partner and leader of the employment and labor practice group at Armstrong Teasdale LLP in St. Louis, Mo. Anthony D. Weis ’99, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the area of mergers and acquisitions law in The Best Lawyers in America 2014. A member of the firm’s corporate group, he represents and counsels public and private companies and financial institutions on a broad range of legal matters. BIG CASE, BIG DEAL Tracey Ballard Tangeman ’98, an assistant prosecuting attorney in the violent crimes bureau of the Montgomery County Prosecutor’s Office in Dayton, Ohio, recently was awarded a written commendation from the director of the FBI for her prosecution in a double-homicide case. Keron Simpson and Earl Moon were 19 years old when they entered an after-hours liquor joint in the home of Earnest Sanders on Nov. 14, 2010. After spending an hour there, they shot Sanders and Michelle Carter and robbed the remaining patrons. They made off with $204. The case was investigated jointly by the Dayton Police Department and the FBI. Simpson and Moon were tried for armed robbery of 12 people and the two murders. They were sentenced to 33 years to life in prison. Do you have a Big Case or Big Deal to share? Send information to firstname.lastname@example.org. 2000s Tony Alexander ’00 became a member of Burton Law LLC, effective July 31. Alexander’s practice focuses on advising business owners as outside general counsel and with business startups. He also has worked with companies through work-out situations and in mergers and acquisitions. 74 T H E O H I O S TAT E U N I V E R S I T Y Alumni Event NATIONAL CONVERSATION ON AMERICAN UNITY The Bipartisan Policy Commission held four “Conversation on American Unity” events across the country this fall focused on the partisanship dividing the nation. Edward B. Foley, who leads the Moritz College of Law’s nationally renowned election law program, worked with the center to bring one of the events to the Ohio State campus. It was a natural choice given the state’s importance in national elections and the university’s leadership in the study of democracy. The conversation included a panel discussion with former Ohio governors, the secretaries of state from Ohio and Minnesota, and other dignitaries. During a discussion moderated by USA TODAY’s Washington, D.C. Bureau Chief Susan Page, Ohio Secretary of State John Husted chimed in: “I really believe that our current system of redistricting is the fractured foundation at which our legislative branch is functioning both in Washington and across the state capitals across America. It doesn’t work.” Follow the conversations across the nation on Twitter via #EngageUSA. KEVIN FITZSIMONS Moritz College of Law | W I N T E R 2 0 1 4 75 Class Notes Jolie N. Havens ’00, partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leading lawyer in the area of health care by Chambers USA in 2013. Her practice is focused on health care compliance, provider reimbursement, and employee health and welfare benefits. Judith L. Marsh ’00, a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, was recognized as a leader in the areas of franchise law and banking and finance law in The Best Lawyers in America 2014. Her practice focuses on commercial and business law, with an emphasis on general commercial transactions and the Uniform Commercial Code, commercial finance, and franchising and distribution law. Aaron D. Ford ’01, a partner with Snell & Wilmer L.L.P. in Las Vegas, was recognized by two Nevada news organizations and a community foundation for his work as a state senator during the 2013 legislative session. The Las Vegas Review Journal recognized him as the “best Senate freshman” in a poll, and Reno Gazette Journal reporter Ray Hagar named Ford “Rookie of the Year.” Finally Help Animals Nevada honored Ford during a luncheon ceremony in July for his legislative work. Ford concentrates his practice on commercial litigation and alternative dispute resolution. The Honorable Dan Hawkins ’01 was appointed to the Environmental Division of the Municipal Court in Franklin County by Ohio Gov. John R. Kasich. Hawkins then was elected in November, retaining the seat for the remainder of the term, which ends Jan. 7, 2016. He previously was an assistant county prosecutor and director of the Special Victims Unit at the Franklin County Prosecutor’s Office. The Environmental Court has wide jurisdiction over local laws related to building, housing, air pollution, sanitation, zoning, and safety codes in addition to hearing general matters also administered by the municipal court. Hawkins and his wife, Amy, have three children. Adam Lamparello ’01 has joined the faculty at Indiana Tech Law School, which opened in the fall. He previously taught criminal law at County College of Morris in Randolph, N.J. and legal research and writing at Loyola University New Orleans College of Law and Mercer University Walter F. George School of Law. Stephanie Ramjohn Moore ’01 and her husband, Kerry Moore, welcomed their daughter, Paige, on Jan. 30, 2013. Moore is an attorney advisor with the U.S. Department of Agriculture. Adria M. Tippins-Owens ’01 and her husband, Jerard, welcomed their first son, Josiah Ezra Andrew, on Sept. 5, 2013. He weighed 7 pounds and was 19 inches long. TippinsOwens also recently completed her M.P.A. with 3.41 GPA from American University while working full-time as an attorney advisor with the U.S. Coast Guard/Department of Homeland Security in Washington, D.C. Seth A. Rose ’02 has been named partner in Loeb & Loeb LLP’s Chicago office. Rose counsels clients on programs and initiatives in the areas of advertising, marketing, promotions, media, sponsorships, entertainment, social media, intellectual property, and privacy. He handles all aspects of drafting and negotiating agreements, as well as agency services agreements, vendor services contracts, and other intellectual property, emerging media, and technology-related agreements. He also advises clients on trademark matters. Anthony Sharett ’02, a partner at Bricker & Eckler, LLP, has been named as a 20132014 Leadership Council on Legal Diversity Fellow - a select group of lawyers nationwide who have been recognized for their potential as leaders in their organizations. Ryan P. Sherman ’02, partner in the Columbus office of Porter Wright, was recognized as a leading lawyer in the area of general commercial litigation by Chambers USA in 2013. Sherman co-chairs the firm’s construction practice group. BIG CASE, BIG DEAL Stephen P. Anway ’02, a partner in the Washington, D.C. and New York offices of Squire Sanders, recently won a $100 million international arbitration for the Czech Republic, which involved a German company’s failed investment concerning the construction of a shopping center in Liberec, a city in the northern part of the Czech Republic. The German company complained about the actions of Czech administrative authorities with responsibility for planning matters, asserting that their conduct in respect of required construction permits resulted in delays and that the combined effect left the German company no choice but to abandon its investment. The German company alleged that the Czech Republic violated the German-Czech Bilateral Investment Treaty. The claim preceded to international arbitration under the United Nations arbitration rules and was seated in Paris. Anway was co-lead counsel throughout the case, including a two-week evidentiary hearing in London. In September, after several years of proceedings, a three-member tribunal unanimously dismissed all of the claims and awarded the Czech Republic full legal costs. Anway, who spends 100 percent of his time acting as counsel in international arbitration matters, also represents the Republic of Ecuador in a multibillion-dollar investment treaty arbitration. In addition, Slovakia has recently hired him to provide advice on various international law matters. Do you have a Big Case or Big Deal to share? Send information to email@example.com. 76 T H E O H I O S TAT E U N I V E R S I T Y Class Notes Monica Ramirez ’03 and Scott Derome are happy to announce the birth of their son, Emerson Paolo Ramirez Derome, at 11:06 a.m. May 27, 2013 in Baltimore. Emerson weighed 10 pounds, 2 ounces, and he was 21.5 inches long. We had him at Mercy Medical Center in Baltimore, Maryland. Ramirez is the deputy director of Centro de los Derechos del Migrante, Inc. Ethan Vessels ’03 has been certified by the National Board of Trial Advocacy as a boardcertified civil trial advocate. Per the U.S. Supreme Court, the board develops a set of standards and procedures for periodic certification of lawyers with experience and competence in trial work, and the certification process is rigorous. Vessels is a partner in the Marietta, Ohio law firm of Fields, Dehmlow & Vessels, LLC. He limits his practice exclusively to civil trial work, including serious personal injury, wrongful death, oil and gas, and insurance litigation. Joe Infante ’05 was named a 2013 Michigan Super Lawyer in business litigation after being named a Rising Star in 2011 and 2012. Infante is a senior attorney with Miller, Canfield, Paddock and Stone in Grand Rapids, Mich. Kimberly (Blackwell) Lawler ’05 and her husband, Mike, welcomed their third son, Joseph Benedict, on St. Patrick’s Day 2013. Lawler practices commercial real estate law at Higier Allen & Lautin in Dallas. Miranda Morgan ’05 was named partner of Ice Miller LLP, effective Jan. 1. Working in the firm’s Columbus office, Morgan concentrates her practice in tax law, with a primary focus in gift, estate and trust taxation; estate planning; and estate and trust administration. She also represents clients in controversies with the Internal Revenue Service (IRS), including examinations and other proceedings at all administrative levels of the IRS. Loucile Powers ’05 has joined the recentlymerged Geiger Teeple Robinson & McElwee PLLC in Alliance, Ohio as an attorney. Powers primarily practices real estate transactions with a concentration on land and mineral title examinations throughout the state. She also serves the board of trustees at the Spring Garden Waldorf School. Weisun Rao ’05 has joined the Chicago office of Greenberg Traurig, LLP as a shareholder in the intellectual property and technology practice. He also will spend considerable time in the firm’s Shanghai office. Rao is experienced in developing intellectual property strategies and building and managing IP portfolios for legal and business opportunities in the U.S., China, and elsewhere in the world. Diedre Washington Smith ’05 began working at Lockheed Martin as a litigation support analyst in July. Asim Z. Haque ’06 has been appointed to the Public Utilities Commission of Ohio (PUCO) by Ohio Gov. John R. Kasich. Haque’s term began June 24 and will end April 10, 2016. Prior to the appointment, he served as assistant counsel at Honda North America, Inc. and previously served as an associate at Ice Miller LLP. Tad Herold ’06 was hired as economic development director of Columbiana County, Ohio in August. Herold previously was village solicitor for New Waterford. He earned a bachelor’s degree in city planning and geography before attending law school at Ohio State, where he also earned a master’s degree in business administration. Betsy (Worthing) Lennane ’06 and Mike Lennane ’06 welcomed their daughter, Ava June, pictured right, on Feb. 15, 2013. The couple lives and practices in San Antonio. BIG CASE, BIG DEAL Steve Toth ’05, a partner in the Chicago office of Kirkland & Ellis LLP, was on a team that brokered the $6.9 billion acquisition of BMC Software Inc., led by Bain Capital LLC and Golden Gate Capital LP. Two other private equity firms joined to pay $46.25 a share for outstanding common stock in the business services software company. Elliott Management, another investment group that owned 9.6 percent of BMC’s stock when the company signed in May a definitive agreement to be acquired, agreed to vote its shares in favor of the acquisition. Jesse Cohn, portfolio manager, said, “This deal represents a tremendous outcome for BMC’s employees, customers and stockholders.” Toth is a corporate transactional partner practicing in private equity mergers, acquisitions, divestitures, and investments; capital market debt and equity offerings; venture capital investments; restructuring transactions; securities law compliance; and general corporate advice. Do you have a Big Case or Big Deal to share? Send information to firstname.lastname@example.org. Moritz College of Law | W I N T E R 2 0 1 4 77 Class Notes Zachary Bolitho ’07 recently joined the faculty at Campbell University School of Law in Raleigh, N.C. as a tenure-track assistant professor of law. Bolitho teaches a variety of courses, including Evidence, Trial Advocacy, and Criminal Procedure. Prior to joining the Campbell faculty, he was a federal prosecutor with the U.S. Attorney’s Office in Knoxville, Tenn. Luke J. Busam ’07 has joined the Cincinnati office of Frost Brown Todd as a senior associate in the construction practice group. Prior to joining the firm, Busam was in private practice in Cincinnati, having co-chaired more than 10 trials and obtained defense verdicts in residential and commercial property damage and defect cases, industrial accident cases, landlord tenant disputes, and personal injury matters. Brandon Middleton ’07 recently joined the Republican staff of the U.S. Senate Committee on Environment and Public Works as Senior Clean Water Act Counsel. He previously served as a staff attorney for Pacific Legal Foundation and as an associate attorney for a litigation boutique in Sacramento. Megan M. St. Ledger ’07 has joined the Providence, R.I. firm of Duffy & Sweeney. Her practice has spanned a wide range of litigation, advisory, and regulatory matters, with a focus on commercial and intellectual property disputes. She previously was an associate for Cleary Gottlieb Steen & Hamilton LLP in New York City and clerked for Judge James J. Brady of the U.S. District Court for the Middle District of Louisiana. Jennifer M. Storipan ’07 recently accepted the newly created legislative director and counsel position with Ohio Congresswoman Joyce Beatty (D) in her Washington, D.C. office. Beatty represents Ohio’s Third Legislative District, which is wholly contained in Franklin County. Lisa G. Whittaker ’07, an attorney in Porter Wright’s labor and employment department, has been named to Columbus Business First’s Forty Under 40 Class of 2013. The distinction is given to area business executives who demonstrate outstanding business ethics, work for the betterment of the community, and possess exemplary leadership skills. Whittaker is a labor and employment attorney who focuses in all areas of management-side labor and employment law. She also is the chair of the board of trustees for The Ohio State University’s Newark campus and is active with multiple professional associations, including the John Mercer Langston Bar Association, Women Lawyers of Franklin County, and the Columbus, Ohio State and American Bar associations. Wayne F. Miller ’07 received an LL.M. in taxation from New York University School of Law in May. He has joined Ernst & Young’s transactional tax practice in Chicago. Previously, Wayne worked at Bank of America and U.S. Bancorp on finance and restructuring matters, including the bankruptcies of Lehman Brothers and American Airlines. Election 2013 Roundup Alumni from The Ohio State University Moritz College of Law hit the campaign trail this fall, running for a variety of different judicial positions. Here is how some of them fared, according to unofficial election results. • Jane Ellen Irving ’72 won the race for the Holmes County (Ohio) Municipal Court with 58 percent of the vote. • Walter Zachery Dolyk ’78 ran uncontested for the Vermilion Municipal Court in Erie County, Ohio. • Amy Salerno ’82 was re-elected to the Franklin County (Ohio) Municipal Court with 60 percent of the vote. • James E. Green ’84 was re-elected to the Franklin County (Ohio ) Municipal Court with 59 percent of the vote. • David Fish ’86 was elected Barberton Municipal Court Judge in Summit County, Ohio with 70 percent of the vote. • Beth Wilhelm Root ’92 ran uncontested for the Fairborn Municipal Court in Greene County, Ohio. • Dan Hawkins ’01 won in the race for the Franklin County (Ohio) Municipal Court, Environmental Division with 51 percent of the vote. Have Election Day news to report? Send it to email@example.com. 78 T H E O H I O S TAT E U N I V E R S I T Y Alumni Event RACE JUDICATA The annual Race Judicata 5k run/walk on Sept. 26 drew one of the largest fields of racers in its history. Organized by the Student Bar Association, the event brings together the Columbus and Ohio State legal community to raise money for a worthy cause. This year, racers benefited the Capt. Jonathan D. Grassbaugh Veterans Project, which provides legal assistance to U.S. military veterans dealing with debt crises, landlord-tenant disputes, foreclosure, and other matters. To support the project, visit moritzlaw.osu.edu/ grassbaugh. MONICA DEMEGLIO Moritz College of Law | W I N T E R 2 0 1 4 79 Class Notes Dr. Eugene Hong ’08 has joined the Northwest Cancer Clinic in Kennewick, Wash. as a radiation oncologist. Hong was an early graduate of the M.D./J.D. dual-degree program at The Ohio State University, where he combined studies in alternative prostate cancer treatments and the legal issues in patient health information privacy. In addition to his active practice, Hong has done volunteer work with children in the Ukraine and as a coach with the Special Olympics. Laura Hult ’08, an associate at Ice Miller LLP, has been recognized as an “Associate to Watch” by Chambers USA in the banking and finance practice area because of her notable work on major business transactions. Hult handles matters for clients at all levels of the capital structure. She regularly represents senior lenders, mezzanine lenders, institutional investors, and subordinated debt funds in all aspects of complex financial transactions. Daniel M. Bauer ’09 has joined Porter Wright’s corporate department as an associate in the firm’s Columbus office, focusing his practice in the areas of mergers and acquisitions, securities, corporate finance, and corporate governance. He has represented both private and publicly traded companies in sophisticated M&A transactions as well as securities offerings and general corporate matters. Before joining private practice in 2010, Bauer served as an investment banker and as an in-house attorney at a public company. Octavia Donnelly Martinez ’09 (above) married Antonio Martinez on Sept. 21, 2013 in Harligen, Texas. The couple met when she was a 3L and he was a first year medical student at The Ohio State University College of Medicine. Donnelly Martinez is an associate at the Phoenix firm of Renaud Cook Drury Mesaros, PA. Katherine Everett Iskin ’09 has relocated to South Bend, Ind. to work as the staff attorney for the Chapter 13 bankruptcy trustee for the Northern District of Indiana - South Bend and Fort Wayne Divisions. Michael A. Jackson ’09 was selected for inclusion in Crain’s Cleveland Business “Who to Watch in Law” feature. This annual article honors outstanding attorneys who are expected to lead Northeast Ohio’s legal scene of the future. Jackson joined Fisher & Phillips LLP in 2011 and, prior to that, was an associate at a large Midwestern firm and a judicial extern for Chief Justice Maureen O’Connor of the Supreme Court of Ohio. Julie K. Phillips ’09 has joined the Ohio Department of Agriculture as its assistant chief legal counsel and was promoted to assistant staff Judge Advocate General with the Ohio National Guard. She previously was a partner at Worley Law, LLC. Phillips also is the secretary for Commercial Real Estate Women (CREW) and social secretary for the Thomas J. Moyer Inns of Court in Columbus. Tony Richardson ’09 was reelected city councilman at-large in Lorain, Ohio. Richardson, assistant director of admissions at Oberlin College, serves on the street and utilities, federal programs, and finance and claims committees. BIG CASE, BIG DEAL In May, Adrienne E. Linnick ’08 was one of the five trial prosecutors on a case that captivated the nation: State of Ohio vs. Ariel Castro. Castro was charged and convicted of kidnapping and violently abusing three women for a decade in his Cleveland home. The scope and nature of the continuous crimes committed against the survivors was unprecedented. Great effort went in to properly charging and specifying the separate offenses at grand jury to avoid any issues with the decision in Valentine vs. Konteh. Linnick said through the hard work and dedication of dozens of local and federal law enforcement officers, prosecutors, lab technicians, medical professionals, and community members, Castro came to justice swiftly and efficiently. He pleaded guilty to 937 charges. At the sentencing hearing, Linnick and the other members of the state’s trial team presented testimony and other evidence to support the recommended sentence. Castro ultimately was sentenced to life without parole, plus 1,000 years. Do you have a Big Case or Big Deal to share? Send information to firstname.lastname@example.org. 2010s Scott Greytak ’10, an associate with Campinha Bacote LLP, and his recent work on the U.S. Supreme Court’s affirmative action decision, Fisher v. The University of Texas at Austin, were featured in The Chronicle of Higher Education and Inside Higher Ed. Greytak also has been speaking on legal panels and giving presentations at various higher education and diversity conferences. Over the past year, he has written law review articles on education policy published in West’s Education Law Reporter, as well as in two South African law journals, De Jure and The South African Public Law Journal. 80 T H E O H I O S TAT E U N I V E R S I T Y Class Notes David M. Wilson ’10 was one of four Kegler Brown Hill & Ritter attorneys to travel to Cuba in an effort to spur conversation with lawmakers about the ongoing U.S. trade embargo and business opportunities in the Cuban Market. As a Moritz College of Law Career Start Grant recipient, Wilson served as of counsel with Kegler. Today, he is an associate who focuses his practice on global business matters. Angelyne Lisinski ’12 has joined the litigation group in the Columbus office of Vorys, Sater, Seymour and Pease LLP. Prior to joining Vorys, Lisinski served as a law clerk for the Honorable Elizabeth Preston Deavers, magistrate judge for the U.S. District Court for the Southern District of Ohio. Lauren M. May ’12 is an associate at the law firm Hurtuk & Daroff Co., LLP. The Cleveland law firm specializes in real estate and finance. Brandon Mitchell ’12 was featured in a Court News Ohio article and video about the May 2013 Bar Admissions Ceremony. Mitchell has been working in the general counsel division of Nationwide. Tera Coleman ’13 is an associate in the litigation practice group of Calfee, Halter & Griswold LLP in Cleveland. She focuses her practice on business, corporate, and commercial litigation and on public law litigation. Andrew P. Moses ’13 has joined the Cleveland office of Brouse McDowell as an associate in its litigation group. Moses was a summer associate at the firm and gained litigation experience in depositions, hearings, and case management sessions in federal and state courts. Mallika Reddy ’13 is an associate in the general corporate practice group of Calfee, Halter & Griswold LLP in Cleveland. She focuses her practice on assisting public companies and privately held companies in a wide array of business matters, including mergers and acquisitions, corporate governance, health care, and real estate matters. Michael J. Shoenfelt ’13 has joined the labor and employment group in the Columbus office of Vorys, Sater, Seymour and Pease LLP. Shoenfelt previously served as a judicial extern for the Honorable Amul R. Thapar in the U.S. District Court for the Eastern District of Kentucky and as judicial extern for the Honorable Algenon L. Marbley in the U.S. District Court for the Southern District of Ohio. Kara M. Singleton ’13 has joined the litigation group in the Columbus office of Vorys, Sater, Seymour and Pease LLP. Singleton served as a judicial extern for the Honorable Michael H. Watson in the U.S. District Court for the Southern District of Ohio and as a judicial extern for the Honorable Kimberly Cocroft ’00 in the Franklin County Court of Common Pleas. She was also a Vorys summer associate in 2012. Thomas A. Vetter ’13 has joined the finance, energy, and real estate group in the Columbus office of Vorys, Sater, Seymour and Pease LLP. Vetter was a Vorys summer associate in 2012. In addition, he worked as an investment banking summer associate at Lancaster Pollard and completed a finance internship with Abbott Laboratories. Sean Wright ’13 won the ABA Environmental Justice Essay Competition with his essay “Good Fences Make Good Neighbors: An Environmental Justice Framework to Protect Beyond Reservation Borders.” The paper will be printed in the Brooklyn Law Review in the spring of 2014. Wright wrote the piece during an independent study course he created with Associate Dean Kathy Northern on the topic of federal Indian law. Law school in 140 characters or less. “I’m going to be a #Buckeye this fall at Moritz. #dreamschool” Follow us on Twitter @osu_law In Memoriam The Moritz College of Law has received word of the death of the following graduates. We express our sympathy to relatives and loved ones. Louis B. Conkle ’43 Louis Bernard Conkle ’43 died in his home in Marion, Allan J. Conkle ’48 Allan J. Conkle ’48, of Toledo, Ohio, died Oct. 3, 2012 at the Ohio on May 30, 2013 at the age of 92. He practiced law in Marion for more than a half of a century, specializing in probate, real estate, and banking matters. During World War II, he served as chairman of the local rationing board, and he served on the Marion City Council in the 1950s. Conkle also was a member of the Ohio State Bar Association and member and past president of the Marion County Bar Association, which honored him in 2008 for 65 years as a member of the bar. He also served as president of the Y.M.C.A. board of directors, the Y Men’s Service Club, the Town and Country Kiwanis Club, and the United Way. He was chairman of the Marion County Chapter of the American Red Cross, chairman of the Marion County Central Committee of the Republican Party, and a trustee of the Marion County Historical Society. He was preceded in death by his wife of 66 years, Berniece, and is survived by his children, Judith Roberts, Cynthia Antone, Daniel Conkle ’79, and James Conkle; 11 grandchildren; and nine great-grandchildren. age of 94. A naval officer during World War II, Conkle’s younger brother, Louis B. Conkle ’43, convinced him to take advantage of the G.I. Bill and attend law school at The Ohio State University. He was editor of the Ohio State Law Journal and graduated third in his class. Conkle moved to Toledo following graduation and established the firm Bugbee & Conkle, LLP in 1951. He practiced for more than 55 years, focusing on probate, estate planning, business formation and succession, profit-sharing, employee benefit plans, taxation, and workers’ compensation. He was a lifelong member and past president of the Toledo Bar Association. He and his wife, Jean, were devoted Ohio State football season ticket-holders, traveling to Ohio Stadium on Saturdays in the fall for more than 60 years. In addition to his wife, Conkle is survived by their sons, Bill, John, and Thomas, all of whom followed their father’s footsteps and became lawyers; nine grandchildren; and one great-grandchild. Robert Emmett Boyd Jr. ’52 Robert Emmett Boyd Jr. ’52, of Columbus and Fort Lauderdale, Fla., died Sept. 24, 2013 at the age of 87. He served in the U.S. Merchant Marines during World War II and was awarded Atlantic and Mediterranean Combat Ribbons before being honorably discharged from the U.S. Coast Guard in 1946. After earning his law degree at The Ohio State University, he practiced law in Columbus for more than 50 years, which includes the 20 years he practiced with his son, Robert E. Boyd III, at their firm, Boyd & Boyd Co. L.P.A. Boyd was active in Republican politics, serving as parliamentarian of the Ohio House of Representatives, chairman of the Ohio Board of Tax Appeals, first assistant Ohio attorney general, special counsel to the Ohio Attorney General, and general counsel to the Ohio Building Authority. Boyd was preceded in death by stepsons Frank Pierce III and David Pierce. He is survived by his wife of 51 years, Janet Powell Boyd; children, Robert Boyd, Susan Boyd Miller, Julia Boyd, and Cheryl Boyd Schick; 15 grandchildren; a sister; and a brother. 82 T H E O H I O S TAT E U N I V E R S I T Y In Memoriam Robert Paul Grindle ’54 Robert Paul Grindle ’54 died in his North Caldwell, N.J. home on April 25, 2013 at the age of 84. After earning his law degree from The Ohio State University, he worked for the firm Marechal & Marechal in Dayton, Ohio before moving to Manhattan, N.Y. to work for the Greer Marechal law firm. He retired from Becton Dickinson in 1992 as senior patent attorney. He enjoyed spending time at his shore homes in Loveladies and Harvey Cedars, N.J. and attending performances of the New York City Ballet and the Metropolitan Opera. He is survived by his partner of 60 years, Tony Curreri; sister, Gayle Ringwald; and many nephews and nieces. Peggy L. Bryant ’76 appointed to the bench in 1987 by Gov. Richard F. Celeste. She was reelected five times. She served as tie-breaker on cases to be heard by the Ohio Supreme Court, and Chief Justice Thomas J. Moyer ’64 personally requested that she chair the Supreme Court’s Rules Advisory Committee and the Task Force for Professional Conduct. Bryant participated in 53 cases at the Ohio Supreme Court as a visiting judge by assignment, and she also sat in place of one of the justices for oral argument eight times. Before she sat on the appeals court bench, she served on the Franklin County Municipal Court and was a partner with Alexander, Ebinger, Fisher, McAlister & Lawrence. Bryant met her husband, Thomas L. Long ’76, when they were students at The Ohio State University Moritz College of Law. They were partners on the National Moot Court Team and in life. At Baker & Hostetler LLP, he made a career in complex civil litigation, and she supported his contributions as a volunteer swim coach for many years. When their son, Matt, developed a food allergy, Bryant turned her kitchen into a gluten-free zone and mastered a special recipe, Matty B’s Cookies. She was an active Catholic at the St. Thomas More Newman Center on the Ohio State campus, serving as a lector during Mass, providing counsel to couples preparing for the sacrament of marriage, and organizing service programs assisting Franklin County families and those affected in New Orleans by Hurricane Katrina. On the other side of campus, she remained active with the Moritz College of Law through service on its National Council. “Her contributions to Ohio’s legal community and the rule of law will be her lasting legacy,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law. “We certainly will miss her wisdom and gift of judgment.” The Honorable Peggy L. Bryant ’76 was a seasoned jurist, dedicated public servant, and devoted wife and mother to the very end. On Aug. 7, 2013, the 62-year-old succumbed to a 25-year-battle with breast cancer in which she showed “unassuming courage and grace,” according to her obituary. She had retired from the 10th District Court of Appeals just one week before. “The past 26 years have provided me the privilege of serving the people of central Ohio and the state as well,” Bryant wrote in her letter of resignation to Supreme Court Chief Justice Maureen O’Connor. “Moreover, the judgeship offered everything I could want in applying intellectual principles to real problems. I can think of no job I would have enjoyed more.” Bryant was the court’s longest-serving judge, having been Moritz College of Law | W I N T E R 2 0 1 4 83 In Memoriam Ronald “Otto” Meletzke ’59 Ronald “Otto” Meletzke ’59, of North Myrtle Beach, S.C., John D. Liber ’63 John D. Liber ’63, of Bratenahl, Ohio, died July 23, 2013 died Jan. 4, 2013. He was 78. Meletzke, a member of the Federal Bar Association, worked in Washington, D.C. as a legislative attorney in the Department of Housing and Urban Development, the Department of Labor, and the Department of Health, Education, and Welfare. He was instrumental in writing the National Flood Insurance Act of 1968 and, in 1995, retired after 27 years with the American Council of Life Insurance as senior counsel of corporate matters. He is survived by his wife, June Honegger Meletzke; three children, Kurt, Kimber, and Kristan Meletzke; and one grandson. Sidney Nudelman ’63 Sidney Nudelman ’63 died in his Beachwood, Ohio home following a back surgery. He was 74. A college football star at Purdue University, Liber pursued law school after a back injury eliminated his chance of playing professionally. After graduating from law school at The Ohio State University, he practiced with Manchester, Bennett, Powers and Ullman in Youngstown and later established Spangenberg Shibley & Liber LLP, a Cleveland firm specializing in personal injury matters. Liber himself won seven-digit awards for clients, including $2.8 million for a driver whose disability stemmed from a faulty seatbelt and $1.5 million for a teacher killed at Lucasville Penitentiary. He held leadership positions with the Ohio Academy of Trial Lawyers, the Ohio Metropolitan Bar Association, and the Cleveland Metropolitan Bar Association. After retiring from his firm in 2001, Liber mediated and arbitrated cases. He is survived by his wife, Nancy; three children, John, Craig, and Shannon; eight grandchildren; two brothers; and one sister. on April 11, 2013 of complications of brain cancer. He was 75. After graduating from The Ohio State University with a J.D. degree, Nudelman practiced law at Hahn Loeser & Parks for 37 years, co-chairing the firm’s estate planning section. He also chaired the estate planning sections for the Cleveland and Ohio Bar associations. He started to wind down his career after surviving an airplane crash in 1992. Despite his badly burned hands, Nudelman helped free two other passengers from the wreckage of the USAir plane, which had crashed on takeoff from LaGuardia Airport and landed in Flushing Bay. He fully retired in 2000 and pursued other interests, from climbing Mount Everest to celebrating his 50th wedding anniversary with his wife and family in Switzerland. He is survived by his wife of 53 years, Marilyn; children, Jodi Veldran and Eric Nudelman; five grandchildren; and a brother. J.B. Collier Jr. ’70 J.B. Collier Jr. ’70, of Pedro, Ohio, died in his home on May 30, 2013 after an extended battle with cancer. Collier, 68, was elected Lawrence County Prosecutor five terms – more than any other prosecutor in the history of the county. In 2012, he retired from the post after 20 years. A lifelong resident of Lawrence County, he returned to Ironton after earning his law degree from The Ohio State University to practice with his father, J.B. Collier Sr., and grandfather. As a prosecutor, Collier was known as a valuable mentor and for his extraordinary work ethic, especially when it came to high-profile cases. He prosecuted the last two capital murder cases in Lawrence County. He was honored in March during his community’s Lincoln Day Dinner and received a commendation from Ohio Attorney General Mike DeWine, who told the The (Ironton) Tribune that Collier “was a very good friend and excellent prosecutor and dedicated public servant.” He is survived by his children, Catherine, Amanda, and James B. Collier III, and his sister. 84 T H E O H I O S TAT E U N I V E R S I T Y In Memoriam Joseph Donald Epps Jr. ’73 Joseph Donald Epps Jr. ’73, of Los Angeles, died Oct. 9, Alexander “Sandy” Spater ’73 Alexander “Sandy” Spater ’73, of Granville, Ohio, died Sept. 2013. He was 65. After graduating summa cum laude from law school, Epps worked in the Ohio Attorney General’s Office. The Akron, Ohio native later moved to Washington, D.C., where he worked for the Office of General Counsel, U.S. Department of Energy and for Ohio Sen. Howard M. Metzenbaum as legislative counsel. He moved to Los Angeles in 1977, working as general counsel for TRW Inc. and Tenet Healthcare Corp. Epps was senior partner of Epps & Coulson, LLP, a Los Angeles boutique law firm he founded in 1988 as Epps & Yong, LLP. The firm specialized in health care law, business law, commercial litigation, and real estate law. Epps and his wife, Tiffany, created a diversity scholarship at the Moritz College of Law, and he returned frequently to give lectures on health care law and serve on the college’s National Council, providing advice and counsel to Moritz. “Over the years, Joe found and made opportunities to give back to the Moritz community, whether it was providing sound insight during a National Council meeting, connecting with a student interested in practicing law in California one day, or offering support in the form of scholarships,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law. “He was a remarkable alumnus and faithful friend.” In addition to his wife, Epps is survived by his children Braxton, Paisley, and Rian Epps and Whitney Winfield. 8, 2013 after an 18-month battle with pancreatic cancer. He was 70. Spater worked in the Peace Corps in Nepal and in a low-income housing program in Corinth, Miss. in the late 1960s before attending The Ohio State University for law school. He spent the next four decades fighting for victims of discrimination, and the Ohio Civil Rights Hall of Fame honored his contributions in October with a posthumous induction. “I don’t think there’s a civil-rights lawyer in the state of Ohio that has had such an impact or developed such a body of case law,” his longtime friend Mary Jo Kilroy ’80, the former U.S. Representative, told The Columbus Dispatch in September. In addition to serving as legal counsel for the Housing Opportunity Center of Metropolitan Columbus, Spater was a partner in Spater, Gittes, Schulte & Kolman and predecessor law firms before starting The Spater Law Office, now the Law Office of Spater & Davis-Williams, LLC. Spater is survived by his wife, Judith; son, Jeremy; stepdaughter, Anne; one grandchild; a sister; and a brother. Michele Hilden Willard ’84 Michele Hilden Willard ’84, of Marietta, Ohio, died Oct. R. Ann Herzberg ’81 R. Ann Herzberg ’81, of Eaton Rapids, Mich., died Sept. 13, 2013 in her home at the age of 56. After graduating from law school at The Ohio State University, she was an assistant East Lansing City Attorney with the McGinty law firm. She worked for the Michigan Court of Appeals for more than 27 years, serving as editor of the Michigan Appellate Digest. She served as chairman of the State Bar of Michigan Appellate Court Administration Committee. She is survived by her husband, Timothy Spalding; sons, Benjamin and Robert Spalding; and father, Robert Herzberg. 11, 2013. Willard, 71, taught political science at Marietta College prior to attending The Ohio State University for law school. She returned to Marietta to practice law, often providing pro bono services to Southeastern Ohio Legal Services. She was active in many organizations and helped create a fund to provide money for victims of domestic abuse. She was preceded in death by her husband, Earl R. Willard, and is survived by her sister, Irene Kaufenberg; brothers, Michael Hilden and Richard Hilden; two nephews; and one niece. Moritz College of Law | W I N T E R 2 0 1 4 85 Why I give… Amy E. Kellogg ’86 Amy Kellogg’s father held in his hand the letter from The Ohio State University College of Law. His daughter had been accepted to the best law school in the state – one of only two students admitted that year from The University of Toledo. He would not live long enough to see her start, much less graduate. “He died knowing I had been accepted at Ohio State. It was significant for him and me,” she said. Her legal education was made more affordable thanks to scholarships she received along the way. “Somebody said one time that you can never pay back everyone who helped you, so you have to pay it forward,” she said. For that reason, Kellogg has been a steadfast donor to the law school’s annual fund and supporter of leadership scholarships for today’s students. “It’s a wonderful feeling to know that you can play a part in helping someone achieve their dreams. I love helping somebody else have the same opportunities people were willing to give to me.” HOMETOWN: Avon Lake, Ohio CURRENT JOB: Partner at Baker & Hostetler LLP and co-chair of its national real estate team and head of the real estate practice group in Cleveland WHAT YOU WON’T FIND ON HER RESUME: Through the College Now program in Cleveland, Kellogg is mentoring a freshman who is the first in her family attending college – just as Kellogg was in hers. The two swap emails frequently. “I just want her to know she’s not going through it alone,” Kellogg said. “It’s fun to go through that freshman-year experience with her.” PROFESSIONAL AFFILIATIONS: Commercial Real Estate Women (CREW), International Council of Shopping Centers, Urban Land Institute, and the American, Ohio State, and Cleveland Metropolitan bar associations. COMMUNITY AFFILIATIONS: Board member for The Gathering Place, LAND Studio, and Epilepsy Association and tutor with the Cleveland Metropolitan School District. PASSIONS: Traveling, working in the community and doing what she can to give back. “I want to leave the world better than I found it. Whatever tiny thing I can do, I will do it.” 86 T H E O H I O S TAT E U N I V E R S I T Y TO GIVE There are dozens of ways to give back to The Ohio State University Moritz College of Law. For more information, visit giveto.osu.edu/moritz. Or send your gift directly to the College at 55 W. 12th Ave., Columbus, OH, 43210. THE LAW ANNUAL FUND Scholarships, clinics, student activities, career services, and faculty scholarships are just a few areas that benefit from this current-use fund. It allows the College to be nimble in meeting needs and create new opportunities. LEADERSHIP SCHOLARSHIPS A component of our Program on Law and Leadership, these scholarships attract talented students from diverse backgrounds who have demonstrated leadership abilities. Moritz College of Law | I S S U E 2 0 X X 3 Nonprofit Org. U.S. Postage Drinko Hall 55 West 12th Avenue Columbus, OH 43210-1391 moritzlaw.osu.edu PAID Columbus, Ohio Permit No. 711 Going once, going twice… sold at the Shoe! Silent and live auctions, unlimited laughter, and loads of fun are in store for this year’s Public Interest Law Foundation Annual Auction on March 6, 2014 at the Huntington Club in Ohio Stadium. Have something to donate for this year’s auction? Contact Liane Rousseau (email@example.com) for more information on how to support students working in public interest summer jobs. Want to make a cash gift to PILF? Contribute to giveto.osu.edu/moritz, fund No. 309379.