Dayton Bar Briefs Digital | SEPT/OCT 2022 Vol. 22 No. 1

Sept/oct 2022

BarBriefs

The Off icial Magazine of the DBA

2022-2023 DBA President

The Honorable Judge Caroline H. Gentry U.S. Magistrate Judge, Southern District of Ohio

president'S MESSAGE Creating a Bigger and Better Space pg 4

barrister OF THE MONTH

50 year honoree

Alan F. Meckstroth Esq.

Celebrate those in practice since 1972

pg 6

pg 8

BarBriefs DBA Board of Trustees 2022-2023

rP esident

vol.

72

SEPT/OCT 2022

no.

1

Contents Columns:

First Vice President

4

Creating a Bigger and Better Space

Second Vice President

PRESIDENT'S MESSAGE

U.S. Magistrate Judge, Southern District of Ohio

22 6

Treasurer

By The Honorable Judge Caroline H. Gentry

Features: JUDGE'S DESK

Secretary

BARRISTER OF THE MONTH

Member–at–Large

10

Member–at–Large

CORPORATE COUNSEL

Member–at–Large

16

Member–at–Large

YLD

Imediate Past President

Alan F. Meckstroth Esq. Jacox Meckstroth & Jenkins

By Dave Greer Esq. | Bieser Greer & Landis LLP

The CHIPS are beginning to fall… is Ohio legal counsel ready?

By Marcie Hunnicutt Esq., CCEP | International Trade Compliance Counsel

Eye on the Prize: Maintaining Focus and Goal Setting as a New Attorney

By Jordan Jennings Esq. | Taft, Stettinius & Hollister LLP and Kaylee Price Esq. | Freund, Freeze & Arnold

, xocie Bar Counsel

18

, xocie

John C. Shea: Honoring the Legacy of a Great Dayton Attorney 100 Years Later

By Nathaniel M. Fouch Esq. | Ohio Court of Appeals - 12th District

23

PRO BONO MONTH

Celebrate National Pro Bono Month with GDVLP & PBPO

By Summer Hawks, Executive Director | Greater Dayton Volunteer Lawyers Project and Suzanne Beck, Dayton Counsel | Pro Bono Partnership of Ohio

Also In This Issue:

8

DBA 50 YEAR HONOREE LUNCHEON Come celebrate members in practice since 1972!

11 OCTOBER & NOVEMBER SECTION MEETINGS Join a section, join the conversation.

2

DAYTON Bar Briefs |

sept/oct 2022

12

OCTOBER - DECEMBER CLE OFFERINGS Get your CLE here.

17

2022-2023 DBA LEADERSHIP DEVELOPMENT ROSTER Our future leaders of tomorrow.

20

AMENDED LOCAL RULE 4.45: TRANSCRIPTS AND EXHIBITS

25

CLASSIFIEDS & MEMBERS ON THE MOVE

Now accepting applications!

2022-2023

DBA ANNUAL PARTNERSHIP

Provide annual financial support and partnership in our mission to further the administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

DBA ANNUAL PARTNERS RECEIVE:

• • • •

Advertising & Marketing Exposure Event Sponsorships & Attendee Registrations CLE Discounts Concierge Service

Thank You 2022-2023 DBA Annual Partners

FARUKI+ ficlaw.com

Thompson Hine LLP thompsonhine.com

FARUKI+ is a premier business litigation firm with offices in Dayton and Cincinnati. The firm’s national practice handles complex commercial disputes of all types, including class actions; antitrust; securities; unfair competition (trade secrets and covenants not to compete); employment; advertising, media and communications; attorney malpractice; data privacy and security; intellectual property and product liability. While its trial practice is national, the firm has always been, and continues to be, committed to the local legal community.

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient and aligned with client goals.

For More Details on Becoming a DBA Annual Partner Contact: JENNIFER OTCHY, DBA CEO | jotchy@daybar.org | (937) 222.1364 sept/oct 2022 |

DAYTON Bar Briefs

3

President's Message

Creating a Bigger and

Better Space

By The Honorable Caroline H. Gentry DBA President U.S. Magistrate Judge, Southern District of Ohio Caroline_Gentry@ohsd.uscourts.gov

W

elcome to another year of DBA membership!

It is exciting to kick off a new year of Section meetings, Chancery Club luncheons, CLE seminars, and other events. We are thrilled to introduce several new Section chairs and co-chairs; please welcome them and give them your support in the year ahead. Our Bench-Bar Conference will be co-chaired

by Susan Blasik-Miller and the Honorable Susan Solle, who are putting the final touches on an informative and interesting program. We have two initiatives that we expect will benefit all of our members. And we plan to revitalize our Sections, touch base with our members, and recruit attorneys with diverse backgrounds, all as part of our effort to create a bigger and better space for our members.

In the near future, the DBA will launch the Health and Wellness Committee to provide opportunities for our members to improve, maintain, or slow the regression of their health and wellness. We thank Anne Keeton and Cara Powers for their past work on these issues, which provides the foundation for our new initiative.

Stay tuned for more announcements and let us know if you would like to get involved.

Also, as many of you know, last year we launched the Social Justice Committee to make it easier for our members to support non-profits and work on a wide range of social justice issues in the community. Under the able leadership of Bonnie Rice, the Committee is

4

DAYTON Bar Briefs |

sept/oct 2022

exploring potential partnerships with local schools, as well as looking for ways for our members to devote their time and talent to supporting our community. The Social Justice Committee will inform us about their efforts during the Bench-Bar Conference on November 4. Be sure to attend and get ready to give back.

At the Annual Meeting, I noted that I am the tenth female DBA President (out of 108 presidents) and that since 2004, the DBA has elected a female President every two or three years. This is a significant achievement that is worth celebrating.

But there is more work to do. I was startled, and then unsettled, to learn that nine of our ten female Presidents have been white. Over more than a century, the DBA has only elected one woman of color: the Honorable Alice McCollum, who was elected in 2006.

The statistics are worse when we include men. In the past 121 years, the DBA has elected only four people of color: Walter Reynolds (1996), Jonathan Hollingsworth (2001-2002), Judge McCollum (2006-2007), and Kermit Lowery (2015-2016).

We have had four Presidents of color versus onehundred and four white Presidents … and it is 2022!

There is no justification for these facts. We can, and we must, do better.

How can we do better? We can start by supporting our minority members in their practices and careers, and by encouraging them to seek out positions of leadership. I know several DBA members of color who would, in my view, be tremendous leaders. But many people do not think of themselves as leaders until they are asked to lead. Take the time to think about who you want to see as a leader, and encourage them.

These efforts will help, but they will not be

enough. Bar associations across the country struggle to attract and retain diverse members. Part of the problem is structural: many bar association members work in law firms, whereas a disproportionate number of minority and female lawyers work for the government or as solo practitioners. These types of practitioners are less likely to join, and be active in, their local bar association.

What does that mean for the DBA? It means that if we truly want to diversify our membership, then we must recruit lawyers who do not work in law firms. Of course, though, recruitment is not enough.

Retention is also necessary. And to retain our nonlaw firm members, we must become more inclusive.

DBA member and UD Law Professor Julie Zink discussed inclusion in the March 2022 issue of the DBA Bar Briefs. In her article, titled “Diversity is Not Enough,” she wrote: “Inclusion is the key.

Rather than expecting attorneys of color to assimilate into the already-existing culture, organizations should create a bigger space where people of a variety of cultures, backgrounds, needs, and preferences feel welcome and included from the moment they walk through the front door. Engaging in authentic dialogue and extending social invitations is one way to demonstrate inclusion. Making sure all voices at the table are heard is another way.”

That is our challenge. What can the DBA do to create a bigger (and better) space for our existing and new members? We will work on answering that question by talking to our existing members and reaching out to non-members, particularly those who work outside of law firms. As always, if you have any suggestions, please reach out.

In closing, thank you for your continued (or new) membership in the DBA. We look forward to seeing you and working with you in the year ahead!

R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459

Professional Investigative and Legal Support Services Firm

 Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577

sept/oct 2022 |

DAYTON Bar Briefs

5

Feature

BaristeroftheMonth:

Alan F. Meckstroth Esq. Jacox Meckstroth & Jenkins

I

f you are in search of a three-dimensional model of the ideal patent lawyer, I offer you Alan F. Meckstroth. Focused, imperturbable, lively, pleasant, immune to shock or surprise, diligent, persistent, devoted to detail – a careful practitioner of an art which requires curiosity, imagination and care.

It has long been my observation that most human beings end up in whatever profession or vocation they pursue by a series of unpredictable accidents, slightly influenced by whatever nature or nurture pushed into their personalities. The pace of change has increased as the years have flown by, and we now find ourselves in a society where most of us are likely to pursue a variety of callings over the course of a lifetime. Not so, for Alan Meckstroth. Look up “stability” in the dictionary and you will find his picture there.

Indeed, it is his advice to anyone who wishes to embark upon a career in patent law that such an individual should start early and stick to his or her commitment. He has practiced what he preaches.

A native of Piqua, Alan went to college at Purdue University with all those boiler-making engineers. Upon his graduation he went to law school, spending a year at the University of Virginia and then finishing the next two years at the University of Michigan where he emerged with a law degree in 1960. His penchant for the inventive, creative life led him to the Hobart Corporation in Troy where he spent the next three years developing a top-loaded dishwasher.

“Wait a minute,” something said. “What about all that schooling you received in law school?” In 1963, Alan joined Dayton’s largest patent law firm, Marechal, Biebel, French & Bugg. Marechal had died in 1960, and Larry Biebel had become the patriarch of the firm.

Biebel was a highly regarded, no nonsense lawyer who served as President of the National Patent Lawyers Association in the mid-1950s. Nat French, who followed Biebel in that national position in the late 1970s, had been admitted to the bar in 1937 and practiced in New York where he spent five years as the first assistant to the patent counsel for the Polaroid Corporation.

Dailey L. Bugg had graduated from Harvard Law School in 1929 and practiced in New York for a number of years before coming to Dayton.

6

DAYTON Bar Briefs |

sept/oct 2022

Nat French was the only non-engineer lawyer in the firm leadership, and he was blessed with a lively and literate personality. Bugg, a national authority on trademarks and copyrights, had a significantly more introverted personality. He was never seen without a book in his hand, and there were occasions when he was stopped at a stop light and had to be alerted by the horn of the vehicle behind him to look up from the pages of his reading material when the light turned from red to green.

Younger members of the firm when Alan joined it were Joe Nauman, Gil Henderson, and Chuck Ross. Chuck is the individual who lured Alan into the firm. He later left the firm to join Cole, Layer & Trumbel, a large firm engaged in mass real estate appraisals for political entities throughout the state, and he became immersed in Republican politics. Alan continued his own lifelong immersion in the field of patent law, and the firm sharpened his skills in drafting and analyzing patent applications by sending him to Washington where he completed the six-month course provided to potential patent examiners. Back at the law firm he continued to provide legal assistance to the Hobart Corporation which was one of the firm’s major clients.

In January of 1971, the new Kettering Tower was opened in downtown Dayton. The Biebel firm moved from the Winter’s Bank Building to the twenty-fifth floor of the new structure.

Alan’s office was on the south side of the new building, and it somehow managed to attract all of the sun’s heat and light in downtown Dayton.

Alan’s search for comfort and stability in the summer of 1971 led him to depart from the Biebel firm and head to the upscale suburb of Oakwood where he joined another patent lawyer named Bill Jacox on the second floor of an office building at 2310 Far Hills Avenue. Bill left that office and the planet several decades ago, but he was replaced by Matthew R. Jenkins, a lively and affable practitioner in the shared specialty of patent law.

Alan still occupies the office he entered fifty-one years ago in the eighth year of his law practice as a member of the Dayton Bar. If you think that sounds like evidence of stability, you should visit and observe the office!

When he moved to the Far Hills office

Alan was greeted by a salesman who wanted to interest him in some modern furnishings. He wanted no part of that. Instead, he discovered the solid oak, room-filling desk and related furniture which in a more opulent era had graced the Board Room of the old Gem City Savings Association. The size and weight of an aircraft carrier, that oak desk contains enough drawers and surface area to accommodate everything a patent lawyer might need or desire in pursuing his craft. If you have occasion to sit in Alan’s seat behind his desk you could not fail but notice that the entire opposite wall of the office is covered with the drawings of most of the famous patents that have been granted to American inventors over the last several centuries. The room is the perfect setting for our perfect patent lawyer.

My paternal grandfather was a patent lawyer, and my maternal grandfather was a corporate lawyer. I grew up without a clue as to what either one of them did for a living. I have a feeling that my paternal grandmother was similarly clueless and based her limited understanding on those endless New Yorker cartoons that depicted the waiting room at a patent lawyer’s office as a chamber filled with strange-looking people who held in their laps even stranger-looking contraptions for which they sought patent protection.

From the other branch of my family, however, I have a clear understanding of what my maternal grandmother thought of both corporate and trial lawyers. The former were the aristocrats of the legal profession who guided the captains of

industry to pinnacles of social and financial success. The latter were the legal equivalent of the faceless cannon fodder sacrificed without tears or respect in the mud and blood of World War I trenches.

The work of a corporate lawyer remains to a significant extent a source of awe and mystery for me. Age and experience have, however, provided me a fairly clear understanding of what it means to be a patent lawyer or a trial lawyer in our society. Writing skill is a critical component of both crafts. As Hamlet reminded Polonius, all writings are simply “words, words, words.” Wordsmiths who become patent lawyers focus on precision. Wordsmiths who become trial lawyers focus on persuasion. Those skills are both contrasting and complementary.

Alan’s art of precise writing is like the art of a diamond cutter. If a patent claim is too broad, it won’t be patentable. If it is too narrow, it won’t generate an effective patent. Every word counts, and ambiguity is an enemy.

A trial lawyer’s writing skill has to combine logic and emotion. Brevity is the soul of wit and bullet points are the writer’s friend. Ambiguity, however, is not necessarily an enemy in the search for a memorable phrase that will stick in the decision-maker’s mind like the couplet at the end of a perfect sonnet. Trial lawyers add value to the courtroom presentation of intellectual property disputes, but a wise trial lawyer will have Alan Meckstroth or his counterpart as a patent lawyer at his side in such cases.

Alan’s experience of over half a century of securing patents has provided him the satisfaction of dealing with creative, inventive clients and of helping those clients protect and preserve the fruits of their creative labors.

He has the satisfaction of looking back at hundreds of ideas which he has turned from dream to reality to the delight of clients and to the benefit of society. Since patents do not last forever, it has been his constant practice to cover patents with trademarks that do have a life that lasts as long as the trademarks are used.

In addition to the satisfaction of seeing the production of tangible patented objects that can still be observed and appreciated, Alan has the additional satisfaction of long-term client relationships that become friendships marked by mutual interests and mutual respect. That is not to say that a trial lawyer’s experience is not without satisfaction, but the nature of the satisfaction is quite different from that enjoyed by someone who has followed Alan’s legal pathway.

A few examples from Alan’s experience may highlight the satisfaction he has enjoyed in the practice of law. His clients have not been those crazy inventors parodied in New Yorker cartoons. They have been individuals with ingenuity and skill in solving pragmatic problems.

One of Alan’s long-standing clients produced a steel bar threaded at each end and designed to be bent into a U-Bolt. The machinery designed to form the bar into U-Bolt configuration was creating an overabundance of scrap metal in which one leg of the bolt was longer than the other leg. The design of a band around the bar designating the exact center of the bar with a trademark embedded in the band, enabled the production machinery to generate perfectly formed U-Bolts without problems of scrap metal waste or quality issues. Not every patentable idea has to involve some esoteric or arcane complexity.

A paving machine produced fine horizontal concrete slabs, but why limit those slabs to paving? The concept of creating machinery that would enable such slabs to be tilted up and used as walls of industrial or commercial buildings generated patentable ideas – dreams that Alan could help turn to reality. The commercial world is full of cans of all different sizes, shapes and thicknesses. If those cans are to be mass-produced, the door is open to wide varieties of tooling to enable and improve the process of manufacture. The list of pragmatic problem-solving needs and of the potential solutions for such needs is a long and ever-continuing list. Alan has spent his career protecting with patents and trademarks the ingenuity which finds solutions for pragmatic problems.

It would be a rare trial lawyer who would find a benefit to becoming a client in a lawsuit, but a patent lawyer who spends his days focused on

the ingenuity of others may occasionally find his own ingenuity produces a patent in his own name. Alan is the inventor and patent owner of a solid gutter cover which has saved countless old men from precariously ascending swaying ladders to clean leaves out of the gutters on the roofs of their homes. His patent on that invention led to a valuable exclusive license, mass production and widespread distribution in well-known big box stores. Alan is the inventor and patent owner of some less lucrative objects, including an upside-down pants hanger which some day may become a common feature of closets all over the country.

As you might expect from what you have thus far learned concerning this month’s Barrister, the stability and order of Alan’s professional life blends into his personal life. Once he moved to Oakwood in 1971, he developed social and personal relationships with other professional people and businessmen in the area. There was an open lunch table at the restaurant at 2600 Far Hills Avenue that became a daily gathering place for Alan and his gang. Problems of the world were discussed and solved on a daily basis. One night a week Alan and another group of his professional and business friends have a discussion dinner at the Oakwood Club. The next time you find yourself at that popular restaurant, you might take a look at the walls. If so, you will find a photograph commemorating the participants in that weekly dinner discussion.

Alan and Louise reside in Kettering and they have two daughters residing in Northern California and two sons residing in the Dayton area. As far as I know, that family pattern has not been patented by Alan or made the subject of a registered trademark. Nevertheless, the hundreds of patents and trademarks which he has secured for individuals outside of his family have earned him the gratitude and friendship of a multitude of contented clients.

The admitted envy experienced by this old trial lawyer in reviewing Alan’s experience deserves to be shared with whoever may chance to read this little tribute.

By Dave Greer Esq. Bieser Greer & Landis LLP dcg@biesergreer.com

sept/oct 2022 |

DAYTON Bar Briefs

7

8

sept/oct 2022 |

DAYTON Bar Briefs

9

Corporate Counsel

The CHIPS are beginning to fall…

is Ohio legal counsel ready?

By Marcie Hunnicutt, Esq., CCEP, Corporate Counsel Co-Chair | International Trade Compliance Counsel

O

n August 9, 2022 President Biden signed the CHIPS and Science Act (“CHIPS” or the “Act”) into law, reiterating that the Act “supercharges our efforts to make semiconductors here in America.”1 The Act has been reportedly worth $280 billion, with $52 billion earmarked for grants, as well as other incentives for the semiconductor industry. A global shortage of semiconductors since 2020 has affected multiple industries, according to the U.S. Government Accountability Office.2 Given Intel Corporation’s plans to invest more than $20 billion in the construction of two new semiconductor chip factories in Ohio, which Intel has confirmed will create more than 3,000 Intel jobs and over 7,000 construction jobs initially; Intel’s investment before the passage of the ACT is touted as the largest single private-sector investment in Ohio history.3 Other sources expect more than 20,000 jobs by Intel alone after the passage of the ACT.4 Senator Sherrod Brown has expressed extreme optimism with the passage of the ACT, stating that in addition to an increase in job opportunities, companies such as Intel will “need a number of companies to serve to build the supply chain and to send them component manufacturing and consulting fees and all the things that will happen.”5 With “all the things that will happen”, you can count on legal risk. As businesses all along the supply chain react to the increasing demands brought by opportunities with the Act, legal counsel, particularly corporate counsel, must prepare to be responsive. But are we ready and what does this entail? For example, Intel has “pledged an additional $100 million toward partnerships with educational institutions to build a talent pipeline and bolster research programs in the region.”6 Does that talent pipeline include legal counsel? Many issues will arise in the context of the semiconductor supply chain. As someone who once worked for Intel in the semiconductor clean room (for those of you who remember the old commercials – the guy dancing in what looked like a space suit: yeah, I had to wear one of those and we weren’t allowed any cosmetics, perfume or hairspray), the following are my top four big hitters for legal counsel.

First, International trade compliance questions 10

DAYTON Bar Briefs |

sept/oct 2022

will be in demand. As with any business sector, it is important that legal counsel know its customer.

Semiconductors are the 4th largest export of the United States, but the semiconductor industry has never operated in Ohio.7 You can bet that with this new industry coming to town, not only will there be a demand for putting semiconductors into production, but questions regarding how to get the product out the door. International trade compliance is a niche area of law, one that is typically practiced in bigger cities for high dollar figures. With the increase in Russian sanctions following the invasion of Ukraine, as well as recent high tariffs, such as on steel and aluminum, trade attorneys have become a hot commodity solicited to field day to day business problems. The International Traffic in Arms Regulations (ITAR), Office of Foreign Assets Control (OFAC), and the Export Administration Regulations (the EAR) are the top three big hitters when it comes to interpreting regulations, but there is much to learn and they can be a mine field for the inexperienced. Prior trade law consultation is needed, but few realize that until it is much too late, and cost of trade is not built into the business model.

Second, transactional skills are going to be key.

Supply chain issues have been wreaking havoc for manufacturers in several industries, particularly since COVID. Entering into the new semiconductor industry with inexperienced people, will be more important than ever for legal counsel involved to be seasoned transactional attorneys in order to get those contract terms and conditions correct, particularly on those supply chain agreements. Knowing and thoroughly understanding incoterms, force majeure clauses, limitation of liability, indemnification and consequential damages will be of the utmost importance to the client and will assist in managing risk.

Third, a good labor and employment background will be worth its weight in gold. The semiconductor industry is ripe with Occupational Safety and Health Administration (OSHA) and labor concerns. A good employment attorney will become familiar with the unique setting of a clean room environment and the ever-changing hazard that it entails. In addition, like any manufacturing or business environment, managing people always brings employment demands to manage expec-

tations. Implementing an employee handbook, developing solid policies and procedures tailored to the organization, understanding and training compliance expectations and needs, rolling out training, including how to conduct audits and investigations are all part of the job.

Fourth, intellectual property (IP) attorneys will be a hot commodity. Brush off your IP law knowledge and get ready – the semiconductor industry is fast paced. If you think aerospace was something, just wait. The semiconductor industry motto is “better, faster, cheaper”. It is constantly evolving, and are in nearly every modern electronic device.

Think of the Internet of Things (IoT), artificial intelligence (AI), 5G, automated as well as electric vehicles, and quantum computing. This industry is ripe with research and development concerns (work for hire, anyone?), as well as IP registration, licensing and commercialization activity.

In sum, while corporate counsel often wears many hats, it is extremely difficult for one person to do all of the above with expertise. A good attorney will recognize when they need to seek assistance. My hope is that our local Ohio legal community will answer the call to develop the top skills future attorneys need to support the commercial demands of the semiconductor industry to come.

ENDNOTES:

1. Remarks by President Biden at Signing of H.R. 4346, “The CHIPS and Science Act of 2022”, August 9, 2022, available at https://www.whitehouse.gov/briefing-room/.

2. Semiconductor Supply Chain: Policy Considerations, GAO22-105923, Published July 26, 2022, available at https://www. gao.gov/products/gao-22-105923 3. Intel Invests in Ohio, Intel.com, last viewed August 10, 2022, available at: https://www.intel.com/content/www/us/en/newsroom/resources/intel-invests-ohio.html 4. CHIPS ACT Expected to Boost Ohio Technology, Manufacturing, by Mary Kuhlman; Cleveland Scene, August 9, 2022 12:46pm, available at https://www.clevescene.com/news/chips-actexpected-to-boost-ohio-technology-manufacturing-39478836 5. Brown Talks CHIPS Act, by J.D. Long, The Times Leader; August 8, 2022, available at https://www.timesleaderonline.com/ news/local-news/2022/08/brown-talks-chips-act/ .

6. Ohio to be Site of New Semiconductor Manufacturing Facility, J.P. Nauseef, President and CEO JobsOhio, Ohio Dept. of Veterans Services, January 24, 2022, available at https://dvs.ohio. gov/what-we-do/news-and-events/news/ohio-to-be-site-ofnew-semiconductor-manufacturing-facility.

7. Id.

DBA Sections/Groups/Divisions

OCTOBER & NOVEMBER MEETING DATES:

Visit daybar.org/sections for meeting topics & agendas Appellate Court Practice Terry W. Posey Jr., Co-Chair & Jeffrey S. Sharkey, Co-Chair October 12 & November 9 @ Noon

Civil Trial & ADR Jeff Cox, Co-Chair & Michael Sandner, Co-Chair October 11 & November 8 @ 7:30am

Corporate Counsel Marcie Hunicutt, Co-Chair & Lynn Reynolds, Co-Chair October 27 & November 17 @ 5pm

Criminal Law Thaddeus Hoffmeister, Co-Chair & Kyle Lennen, Co-Chair October 19 & November 16 @ Noon

Diversity Issues

Estate Planning Trust & Probate Law Section presents:

Legal Malpractice in Matters Involving Trusts and Estate Administration

with David C. Greer Bieser, Greer & Landis, LLP Wednesday, October 5 | DBA Seminar Room | 4pm-5pm 1.0 Gen Credit Optional CLE

Ebony Davenport, Co-Chair & Ashton Hood, Co-Chair October 18 & November 15 @ 4pm

Agenda:

Domestic Relations

Cleaning Up Crime Scenes

Kirstie Gotwald, Co-Chair & Mag. Jacqueline Gaines, Co-Chair October 26 & November 30 @ Noon

• •

Employment Law

TBeDe·a,afBeDeaa,/:DsafafE/aeDEcV5ef/

Gretchen Treherne, Co-Chair & Marc Fleischauer, Co-Chair November 8 @ Noon

Estate Planning Trust & Probate Edward M. Smith, Chair & Kristina Rainer, Vice-Chair October 5 & November 2 @ 4pm

Federal Practice Daniel Gentry, Co-Chair & Hon. Peter Silvain, Co-Chair October 18 & November 15 @ Noon

Juvenile Law Misty Connors, Co-Chair & Sara Barry, Co-Chair October 26 & November 1 @ Noon

• • • • •

The presenter's perspective Storytelling as a learning experience

Multiple charitable beneficiaries with the same name A slip of the pen turns $800,000 into a billion dollars The lost will and the unknown stepdaughter Creating evidence Preserving evidence

TBeDsaEfaBeMEVBEfBeCa·e:PsEecafE/aeA//e/ • •

IOLTA issues Control of the fiduciary's checkbook

PsEb,e5/EfPes/Efa,a&:MaafaafafC,aefEfsE, C • • • •

Much ado about nothing: the emotional component The disinherited child Leading horses to water Post-settlement remorse

Paralegal Vanda Morgan, Chair & Dana Ryan, Co-Chair October 31 & November 17 @ Noon

Social Justice Bonnie Beaman Rice, Chair October 28 @ Noon

Real Property Shannon Costello, Co-Chair & Shannon Martin, Co-Chair October 13 & November 10 @ Noon

Workers’ Comp / Social Security Michael Rake, Co-Chair & Kristina Curry, Co-Chair November 3 @ Noon

Young Lawyers Division Kaylee Price, Co- Chair & Jordan Jennings, Co-Chair October 5 & November 2 @ Noon

sept/oct 2022 |

DAYTON Bar Briefs

11

DBA Continuing Legal Education

DBA FALL CLE OFFERINGS: October//

November//

4 Time TBA | Sinclair Conference Center

4

DBA GAL Certification / Rule 48 Training

9am - 3:45pm | DBA Seminar Room

30th Annual Bench Bar Conference

6

2:30pm - 4:30pm | DBA Seminar Room

Business Law 101: Entity Formation and Governance for the Business Practitioner

7 11:30am - 1:30pm | DBA Seminar Room

PFAS Litigation and Local Environmental Issues Affecting Us Today featuring Rob Bilott & local panel of experts!

10 11:30am - 1:30pm | DBA Seminar Room

Preparing a Case for Trial: Persuade a Jury from Beginning to End: Tell Your Story in Voir Dire, Opening and Closing

12 8:45am - 4:30pm | Sinclair Conference Center

11 9am - 12:15pm | DBA Seminar Room

The Ethical Lawyer - Professionalism Standards for Practicing Law Today

14 11:30am - 1:30pm | DBA Seminar Room

It's Not a "Get Out of Jail Free" Card: Navigating Ohio's Medical Marijuana Laws

21 11:30am - 1pm | DBA Seminar Room

DBA Annual Elder Law Institute

17 11:30am - 1pm | DBA Seminar Room

Introduction to Insurance Recovery

Ran-Some, Lose-Some: Preparing for and Surviving Against Ransomware Attacks

21 9am - 12:15pm | Sinclair Conference Center

28 11:30am - 1:30pm |

What It Means to be a Criminal Defense Attorney

24 11:30am - 1pm | DBA Seminar Room

GAL Report Writing for A/N/D Cases

DBA Seminar Room

Preparing a Case for Trial: Discovery - Evolving with Technology and the Civil Rules

30 9am - 12:15pm | DBA Seminar Room

26 Noon-1pm | Location TBA

DBA Core Components for New Lawyers

Divorce 101: Filing for a Divorce

DBA GAL Pre-Service Course:

Rule 48 Training

Tuesday, October 4 | 8:30am-3:30pm | 6.0 Gen Hrs | DBA Seminar Room Speakers include: Misty Connors Connors Law Office, LLC Magistrate Todd E. Calaway Montgomery County Juvenile Court Judge Anthony Capizzi Montgomery County Juvenile Court, Administrative Judge

This program is the Montgomery County Juvenile Court's Pre-Certification Course for Guardian Ad Litem's practicing before the Courts and is also approved for Rule 48 Training.

Agenda:

8:00am - 8:30am Registration

10:30am – 10:45am Break

1:30pm – 1:45pm Break

8:30am - 9:30am Welcome & Introduction (1.0 hr)

10:45am – 11:45am Billing the Court (1.0 hr)

1:45pm - 2:45pm Break Anatomy of a Private Custody Case (1.0 hr)

Judge Helen Wallace Attorney Misty Connors

9:30am - 10:30am Anatomy of a Delinquency Case (1.0 hr) Magistrate Todd Calaway

12

DAYTON Bar Briefs |

sept/oct 2022

Judge Anthony Capizzi, MCJC Admin Judge

11:45am – 12:15pm Lunch 12:15pm – 1:30pm Anatomy of a Child Protection Case (1.25 hr) Magistrate Marshall Lachman

Magistrate Marshall Lachman

2:45pm - 3:30pm (.75 hr) Local and Juvenile Rules of Court for Juvenile Attorneys Magistrate Moira Murty

DBA Continuing Legal Education

December// 5 11:30am - 1:30pm | DBA Seminar Room

Business Law 101: Contracts and Employment Law for the Business Practitioner

6 9am - 12:15pm | Sinclair Conference Center

Judge Steven K. Dankof’s 2022 Criminal Law Update

8 9am - 12:15pm | DBA Seminar Room

2022 Federal Court Update with the Judges

12 11:30am - 1:30pm | DBA Seminar Room

Preparing a Case for Trial: Evaluating Evidence for Purposes of Trial

15 9am - 12:15pm | DBA Seminar Room

2022 Domestic Relations Court Update

16 9am - 12:15pm | DBA Seminar Room

Annual Intellectual Property for General and Corporate Practitioners

19 11:30am - 1:30pm | DBA Seminar Room

Secondary Trauma, Burnout and Self-Care for Lawyers

You can sponsor this event!

Contact Kate at kbertke@daybar.org

by October 12th!

30th Anniversary

DBA

Bench Bar Conference Friday, November 4, 2022 Sinclair Conference Center 2022 Co-Chairs:

The Honorable Susan D. Solle

Montgomery County Common Pleas Court

Susan Blasik-Miller Esq.

Freund, Freeze & Arnold A Legal Professional Association

Topics include:

• Mental Health Issues in Our Community Helen Jones-Kelley, Executive Director, ADAMHS

Tristyn Bell, Director of Prevention Services, ADAMHS

Meet all of your CLE needs, conveniently, and affordablly!

UNLIMITED CLE MEMBERSHIP

Save on ALL UNLIMITED Live, On-Demand & Self-Study CLE! Contact Kate Bertke, to purchase: kbertke@daybar.org

on

$34 ly!

9

• Social Justice Initiative: How Attorneys Can Impact Change in Our Community • Ohio Firearms Laws and Their Relation to Mental Health

sea/es:da&basNEs/befcBbas sept/oct 2022 |

DAYTON Bar Briefs

13

DBA Continuing Legal Education

14

DAYTON Bar Briefs |

sept/oct 2022

DBA Continuing Legal Education

DBA Annual

Elder Law Institute Wednesday, October 12 8:a5:N^5 |sN|GefCLEHs/ Sinclair Conference Center Presenters Include: MacBae,JNMa,,EfaE/gN

Best Lawyers in America- Elder Law, Certified Elder Law Attorney; OSBA Board Certified Estate Planning Trust & Probate Specialist; C.P.A. Inactive

AGENDA: 8:45am Defining Elder Law; Medicaid for Nursing Home Residents; Countable Resources; Trusts; Gift Transfers; Estate Recovery; New Developments with IRA Treatment 9:45am Long-Term Care Insurance in the United States Problems and Solutions 10:45am Break 11:00am Long Term Care Facilities Update 12:00pm Lunch Included in Registration 1:00pm Aging in Place - A movement to help seniors of all abilities thrive where they most prefer.

2:00pm Guardianship of Incompetents in Montgomery County Probate Court

E,aS^ess&E/gN

3:00pm Break

afd R &Ga,,a/

3:15pm Planning Strategies for Asset Protection For Our Clients, Avoiding Estate Recovery and Q&A

Kenn Daily

4:15pm Adjourn

Young & Alexander Owner of the Long-Term Care Insurance Agency, LLC LNHA and founder of Elder Care Systems Group

MasEFebV/

Home Care Assistance

sept/oct 2022 |

DAYTON Bar Briefs

15

Young Lawyers Division

Eye on the Prize: Maintaining Focus and Goal Setting as a New Attorney

By Jordan Jennings Esq. , YLD Co-Chair | Taft, Stettinius & Hollister LLP | jjennings@taftlaw.com and Kaylee Price Esq. YLD Co-Chair | Freund, Freeze & Arnold | kprice@ffalaw.com

*Both Jordan and Kaylee are recent graduates of the 2021-2022 DBA Leadership Development Class

As a new attorney,

It can be challenging to adjust to the demands of the profession. If this is your first career, the adjustment from academia into the profession can present even more challenges. One such challenge that continues to affect attorneys at all stages of their career is burnout. As a new generation of lawyers, we have the benefit of being told as law students that our mental and physical wellbeing is critical to our success. We are given tools such as free counseling sessions, lunch and learn lectures, and brochures, and yet if you ask any law student or new attorney a significant number of them will tell you that they have concerns about burnout. In her book “Grit: The Power of Passion and Perseverance”, Dr. Angela Duckworth provides excellent advice applicable to any new attorney entering our line of work trying to combat burnout and maintain focus. Today’s article will address three recurring words that Dr. Duckworth relies on to transmit this message.

The three important words any new attorney should keep in mind are “passion, perseverance, and goal-setting.” Every new attorney should find the passion that fuels them. Whether it is pro bono work, working as a team with other attorneys, or any other reason, staying focused on those passions is important to maintain that grit against burnout. Another great resource for new attorneys is The Dayton Bar Association’s Young Lawyers Division (“YLD”). The YLD can function as a mediator to facilitate access to known passions and provide resources to discover new opportunities. We provide access to an interconnected web of engaged attorneys involved in different aspects of the law and facets of community building/participation.

The second word “perseverance” can present itself in many ways. In difficult times, it is necessary to stay determined and to keep your goals in mind. This is often easier said than done.

For any lawyer, it is imperative to find individuals and groups that you can lean on for support. Building a supportive community and relying on available resources such as the YLD is 16

DAYTON Bar Briefs |

sept/oct 2022

the best way to not only obtain valuable advice but also create a network of helpful attorneys to overcome tough moments. The YLD helps organize CLEs to facilitate attorneys’ access to continued learning opportunities to maintain their bar eligibility, but also organizes social events to foster a collegial spirit within our line of work. While it is necessary to persevere when faced with difficult or unfamiliar situations to keep progressing towards your goals, remember that you do not have to go it alone.

Which leads us to the final word “goal-setting.” Any new attorney should set short-term and long-term goals. Setting goals provides a new attorney with perspective and measurable targets to evaluate their progress.

Depending on the goal, it can be daunting to not only to achieve your objective, but to materialize the steps it will take to get there. Breaking down a long-term goal into multiple short-term goals is a helpful way to focus on an objective and alleviate the anxiety of accomplishing complex goals.

For example, a long-term goal could be to become a partner. This broad long-term goal, albeit good and helpful, has few tangible measures to evaluate how to achieve it. There is no concrete measure to know whether you are any closer to that partner position. Breaking down that long-term goal of becoming a partner into multiple, more specific short-term goals is helpful not only in seeing progression to remain engaged and motivated, but also creates a clearer vision of achieving your goal. Let us give you another example of goal setting; if you want to become an executive at the Dayton Bar Association, two of your short-term goals should be to not only join YLD but also to attend section meetings to get closer to that executive position. Not only will you be able to help other new attorneys reach greater heights, but you could also start checking certain goals off your list for the year in a few simple and easy steps.

While these three words may have different meanings to attorneys in different stages of their careers, the YLD acts as a springboard for us to share ideas, goals, and much more in a professional and collegial way. The best part of YLD is that it is a collaborative forum. We are open to suggestions and ideas that will benefit young lawyers in the Dayton Bar. If there are tools, events, and resources that the YLD can provide to help you develop we want to know. Please join us at our next meeting to share with us how these three words have influenced you throughout your young career or how maybe other words helped you stay focused and engaged throughout the early years.

17

Feature

John C. Shea:

Honoring the Legacy of a Great Dayton Attorney

100

years later

By Nathaniel M. Fouch Esq. , DBA Editorial Board | Ohio Court of Appeals - 12th District | fouchn@12thdca.com

" S

The achievements of the individual are beneath all historical events deserving of record, and it therefore follows that the personal histories of the more active and prominent inhabitants of a county . . . will give the best view of the growth and progress of that community. . . "

o we are grandiosely informed by the publishers of the Centennial Portrait and Biographical Record of the City of Dayton and of Montgomery County, Ohio, published 1897.2 Loquacious though they may have been, these publishers recognized the truth that in failing to remember and honor the men and women who came before us and upon whose work we build, we lose a rich and important aspect of our shared identity. I wish to use this space to call attention to a little remembered but vital leader of the Dayton legal community on the 100th anniversary of some of his finest achievements. Too young to be memorialized in the Centennial Portrait, yet too distant to be within living memory, John C. Shea was—and deserves to be remembered and honored as—one of the "more active and prominent inhabitants" of the Gem City: a great lawyer, and a great man.

Born in Dayton on April 25, 1876, Shea was educated at the University of Notre Dame and graduated from the Western Reserve University Law School before being admitted to the Bar of Ohio on June 17, 1902. He established the law practice of McConaughey & Shea with W. S. McConaughey in downtown Dayton. A 1921 advertisement for the firm listed a few of their clients, including the city of Dayton; the Dayton, Springfield & Xenia Railway Company; Platt Ironworks; Dayton Mortgage & Investment Company; and the Retail Merchants Association of Dayton.3 Under "references" for the firm, the ad matter-of-factly advises the reader to "Refer locally to any bank or judge"! Shea was a general practitioner, but also specialized in "Fraternal Societies and Ins[urance] Banking."4 In addition to his role at the firm, Shea served as Special Counsel to the Ohio State Department of Banks,6 and was also first assistant director of law for the city of Dayton from 1914 to 1921, during which he won thirty-six cases and lost only four.7 1922 was a banner year for Shea: 100 years ago, Shea founded the first iteration of the University of Dayton School of Law, successfully fought the Klan, and led the Dayton Bar Association.

On June 12 of that year, the president of the University of Dayton announced the establishment of the (first) University of Dayton (UD) College of Law, naming Shea as its first dean.8 Classes commenced September 29, with the first lecture delivered on October 2, and in addition to his decanal duties, Shea taught contracts, corporations, and equity. The inaugural class included a 18

DAYTON Bar Briefs |

sept/oct 2022

woman and two African American students, showing Shea's commitment to serving the underrepresented. Classes were offered at night, for the benefit of working-class students.

During the first eight years of his tenure as dean, only one student failed to pass the bar on the first attempt, after which Shea personally visited the student to comfort him.10 Shea's Catholic faith and strong sense of justice and civic responsibility not only led him to found UD's law school, but to actively and publicly oppose the Ku Klux Klan. The Klan was then a powerful force in Dayton and around the country and had expanded the targets of its ire to include not only African Americans, but also Catholics, Jews, and immigrants.11 In May 1922, the Klan planned a rally at Dayton's Memorial Hall. Unopposed by county leaders (some of whom were themselves Klan members), the gathering was

100 years ago, Shea founded the first iteration of the University of Dayton School of Law, successfully fought the Klan, and led the Dayton Bar Association

only prevented when Shea, along with Jewish attorney Sidney G. Kusworm, filed an injunction in the court of common pleas on behalf of Temple Israel Rabbi Samuel Mayerberg, Catholic civic and business leader M.J. Gibbons Jr., and the Rev. John N. Samuels-Belboder, pastor of the African American St. Margaret’s Episcopal Church.12 The injunction was granted only hours before the planned rally, and the Klan was forced to relocate its gathering outside the city.13 Shea's service to the Dayton community extended beyond his successful practice and role in establishing the College of Law. In addition to these responsibilities, from 1922–23, Shea served as the thirteenth president of the Montgomery County Bar Association (later the Dayton Bar Association).14 During his tenure, he led the charge to crack down on solicitation scams.15 He also later fought (unsuccessfully) to stop segregation in Dayton public schools.16 In his lifetime, Shea was granted an honorary LL.M. by the University of Notre Dame, and an honorary LL.D. by the University of Dayton.17 Shea's exemplary career was cut short after a stroke left him partially paralyzed, forcing him to withdraw his candidacy as the Democratic nominee in the 1932 election for judge of the Second District Court of Appeals.18 He struggled with his condition for the next twelve years, before passing away on December 20, 1944 at the age of 68.19 Though his crowning achievement in founding the University of Dayton College of Law would be overshadowed by its closure in the midst of the Great Depression a few short years after his tenure as dean concluded, there is nevertheless much that attorneys today can learn from John C. Shea. This civic-minded attorney fought for what was right even when it was unpopular. He was a champion of the disadvantaged and used his considerable talents and energy to better the Dayton community. In concluding this reflection, I can think of no more fitting tribute to the man than his own advice to his students: "Carry out your desire to succeed and make what impress you can on society. If you do that the hours spent in study will not have been in vain."20

OCLRE SAVE THE DATE:

2023 OHIO DISTRICT MOCK TRIAL JANUARY 27, 2023 Contact Chris for trial details and to volunteer! calbrektson@daybar.org

ENDNOTES:

1. Portrait of Attorney John C. Shea (daytonjewishobserver.org) 2. CENTENNIAL PORTRAIT AND BIOGRAPHICAL RECORD OF THE CITY OF DAYTON AND OF MONTGOMERY COUNTY, OHIO 3 (Frank Conover ed., 1897).

3. THE AMERICAN BAR: CONTEMPORARY LAWYERS OF THE UNITED STATES AND CANADA 523 ( James Clark Fifield ed., 1918); "Will Be Admitted to the Bar," DAYTON HERALD 3 ( June 13, 1902).

4. 51 HUBBELL'S LEGAL DIRECTORY 1921, 380 ( Joseph A. Lynch ed., 1921).

5. Id. 6. Fifield, supra note 2, at 523.

7. "History of the University of Dayton School of Law," U. DAYTON, https://udayton.edu/law/about/history. php (last accessed May 19, 2022).

8. "School of Law to be Opened at University," DAYTON HERALD 1 ( June 12, 1922).

9. "U.D. Law Students to Hold Meeting," DAYTON DAILY NEWS 8 (Sept. 28, 1922).

10. Liz Sidor, Living Up to a Legacy, DAYTON LAWYER 4 (Winter 2007-08).

11. William Vance Trollinger, Jr., Hearing the Silence: The University of Dayton, the Ku Klux Klan, and Catholic Universities and Colleges in the 1920s, 124 AM. CATH. STUDIES 1, 2-4 (2013).

12. Marshall Weiss, 100 Years Ago, Young Black, Catholic & Jewish Leaders Legally Kept the Klan From Rallying at Memorial Hall, DAYTON JEWISH OBSERVER (Apr. 25, 2022), https://daytonjewishobserver. org/2022/04/100-years-ago-young-black-catholic-jewish-leaders-legally-kept-the-klan-from-rallying-atmemorial-hall/.

13. Id. 14. "History of the Dayton Bar Association," DAYTON BAR ASS'N, https://www.daybar.org/?pg=History (last visited May 19, 2022).

15. "Attorneys to Make War Upon Case Hunters," DAYTON HERALD 18 (Sept. 16, 1922).

16. Bd. of Edn. of School Dist. of City of Dayton v. State ex rel. Reese, 114 Ohio St. 188 (1926); "Deny Negroes Lose Rights in Local Schools," DAYTON DAILY NEWS 2 (Feb. 10, 1926).

17. "University of Dayton Will Confer LL.D. Upon Attorney," DAYTON HERALD 32 ( June 3, 1926).

18. "Shea Resigns as Candidate," DAYTON DAILY NEWS 1 (Sept. 2, 1932).

19. "Judge Shea Dies, Former Law Dean," 11 U. DAYTON ALUM. 1, 7 (1945).

20. "High Tribute Paid Judge By Law Students," DAYTON HERALD 56 (Dec. 6, 1929).

sept/oct 2022 |

DAYTON Bar Briefs

19

News You Can Use

AMENDED LOCAL RULE 4.45 TRANSCRIPTS AND EXHIBITS Eƒcv"OcvKbi—ˇ Submitted by: Elaine M. Stoermer, Chief Magistrate & Legal Administrator | Mont Cty Domestic Relations Ct | stoermere@mcohio.org (A) ORDERING COPY. If a party intends to object or appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, that party shall provide a transcript of all evidence relevant to such findings or conclusions. The party shall file a praecipe with the Clerk of Courts for the transcript on the same date as the filing of an objection or a notice of appeal. Within 14 days of the filing of praecipe, the party shall deposit with the court reporter the cost of the transcript. The cost for preparation of the original transcript is hereby set at $5.00 per page, payable to the court reporter. Request for an expedited original transcript will be fulfilled at a rate of $7.25 per page, payable to the court reporter.

Once completed, the original transcript will be filed with the Clerk of Courts as part of the official record. The requesting party will be provided a copy of the transcript. Additional copies may be obtained from the Clerk of Courts at the current public record rate.

Copies of FTR audio recorded hearings may be obtained at a cost of $2.25 per disc, payable to the Clerk of Courts.

Once an original transcript is prepared, an electronic copy by electronic transfer may be obtained at no cost.

In proceedings where objections have been filed, if no deposit is received within 14 days, the court reporter shall notify the assigned Judge who may proceed to rule upon the objections. Within 40 days of the date of service, the party must cause the transcript to be filed by the court reporter, unless for cause shown, the court upon motion filed within the prescribed time, extends the time for one additional 40 day period. Any further requests for extensions in appellate proceedings must be sought from the appropriate court.

(See Appellate Rule 9.)

(B) FILING. All original transcripts shall be filed by the court reporter with the Clerk of Courts and shall thereby become part of the official record of the case. The court reporter shall immediately notify both parties or their counsel and the court that a transcript has been filed. The ordering party will pay for the original transcript as outlined above. The court will not assess transcript fees as administrative costs.

20

DAYTON Bar Briefs |

sept/oct 2022

(C) TRANSCRIPT AVAILABILITY. A transcript is "available" for purposes of objections [Civil Rule 53(D)(3)(b)(iii)] and appeals [Appellate Rule 9(C)] if a record of the proceedings was preserved by stenographic or audio-electronic means. A transcript is "unavailable" if no such means was used to preserve a record of the proceedings. A statement of the evidence may be accepted by the court as a substitute for an "unavailable" transcript provided such affidavit be either (1) an agreed statement of the evidence; or (2) when an agreement cannot be reached, either or both parties may prepare a statement of the evidence that is submitted to and approved by the Judge or Magistrate who heard the case.

Upon failure of a party to timely order, deposit payment for, cause to be filed an available transcript, or to timely file a statement of the evidence when appropriate, the court may: (1) As to objections, adopt any finding of fact in a Magistrate Decision without further consideration and rule upon those objections accordingly; or (2) As to appeals, overrule a motion for extension of the time for transmitting the record pursuant to Appellate Rule 10 (C).

(D) EXHIBITS. The cost of the transcript does not include a copy of the exhibits. Parties desiring a copy of the exhibits shall contact the Court to determine how to obtain copies at their own expense. Exhibits will be held for a period of 1 year from the date of the final entry or judgment in the case. Parties desiring return of exhibits should make application to the court within the one year period. All exhibits, court reporter notes and electronic recordings will be destroyed after a 5 year time period, unless otherwise ordered by the court.

HERBERT M. EIKENBARY

Trust

DISPLAYADINDEX: Daily Court Reporter.......................................7 dayton legal heritage foundation...17 dayton disability foundation.................21 EIKENBARY TRUST.................................................21 Ferneding Insurance.......................................27 LCNB Bank....................................................................5 NFP...................................................................................19 oBLIC......................................................back cover R.L. Emmons & Associates..............................5

What is The Eikenbary Trust?

The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance.

Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available.

To Apply: Jennifer Otchy, DBA Chief Executive Officer Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org sept/oct 2022 |

DAYTON Bar Briefs

21

Law Related Organizations - DBF Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation.

Dayton Bar Foundation EKvcB|dabaiKid"icva—K§caˇ

Your Gift Will Help

STRENGTHEN Our Foundation.

The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to:

• Advocates for Basic Legal Equality (ABLE) • Catholic Social Services of the Miami Valley • Greater Dayton Volunteer Lawyers Project (GDVLP) • Law & Leadership Institute • Legal Aid of Western Ohio (LAWO) • Life Essentials Guardianship Program • Miami University Pre-Law Center • Wills for Heroes A,,af/asee,aab,eEs f cBasaab,edeVcaEf/Ef&EVsfedsa,afcE5ea»seVsf&EV af ae5a@edeVcaEf/N = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =

DETACH AND RE­T URN

=====================================

Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129 Contributions may also be submitted online: daybar.org/?pg=Foundation Make a donation now and help us make a difference through our programs.

Gifts may also be made in honor or in memory of family, friends or colleagues.

Ia5^,ea/eE d /V^^EsBeDa&EfBasFEVfdaaEfaBaafEf: $50

$100

$250

$500

Other $______________

Check Enclosed : Check # ______________________________________________________ Charge my:

VISA

MASTERCARD

DISCOVER

AMERICAN EXPRESS

Name: _____________________________________________________________ (AS YOU WISH IT TO APPEAR ON OUR RECORDS)

Firm: _______________________________________________________________ Address: __________________________________________________________ __________________________________________________________

Expiration:

/

Security Code (3 or 4 digit)

Signature: _________________________________________________________________________

Phone: _____________________________________________________________ Email: ______________________________________________________________

(AS SHOWN ON CREDIT CARD)

M&af/:af5e5Es&Ef

in honor of

__________________________________________________________________________________________________________________________

Please notify: ___________________________________________________________________________________________________________________________________________________________________ Address: __________________________________________________________________________________________________________________________________________________________________________

22

DAYTON Bar Briefs |

sept/oct 2022

=

Law Related Organizations - GDVLP&PBPO

Greater Dayton Volunteer Lawyers Project and Pro Bono Partnership of Ohio

T

he anticipation of summertime is a long buildup to a season that flies by way too quickly. Before we know it, the flip flops, swimsuits, and beach vacations give way to sweaters, jeans, football games, and bonfires! The return to school, the shorter days -- Fall always puts us in mind of a return to seriousness and back to business.

At the Greater Dayton Volunteer Lawyers Project (GDVLP) and Pro Bono Partnership of Ohio (PBPO), this means a renewed dedication to serving our individual and nonprofit clients. Fall is also the time we celebrate the work that our fantastic volunteers do to help ease the burdens of these clients. While we are appreciative of our volunteers every single day of the year, we formally recognize their time and commitment to volunteerism during Celebrate Pro Bono Week, this year running October 23rd to 29th, 2022.

GDVLP and PBPO are partnering this year to thank our volunteers by hosting a Volunteer Appreciation Coffee on Tuesday, October 25, 2022, from 1:00 – 2:00 pm at the new Starbucks at the Wintergarden of the Shuster Center, 1 West Second Steet in Dayton.

Please stop by and find out about new pro bono opportunities, speak with the GDVLP and PBPO staff, enjoy a “venti-half-caf-soy-sugar free” (or whatever your Starbucks language is!) and get to know others who give of their time like you do. If you are not a volunteer but we’ve piqued your interest, please join us to learn more about our programs and missions!

In addition, the Celebration of Pro Bono Inn of Court with the GDVLP will be held on Tuesday, October 25th from 5:30pm-7:30pm at Sinclair Conference Center, with speaker Katie Wright, Supervising Attorney, Ohio Governor's Pardon Project.

We’ve had a long road these last few years of pandemics, social unrest, international wars, and worsening economic conditions. Gas and food prices are rising; housing has become more expensive and more difficult to find. The forced isolation we’ve felt from trying to socially distance has left all of us feeling sadder and more alone than ever. Fortunately, there are ways to combat all these negative circumstances weighing our spirits down, and one of the easiest ways is to volunteer to help others. Taking the time to forget your own troubles as you focus on the needs of others – nothing else can make you feel as much gratitude. Those who already volunteer know and can tell you – giving is the easiest way to feel joy return to you ten-fold.

Join GDVLP and PBOP in October to truly celebrate the community of exceptional lawyers in our area using their knowledge and skills to help ensure that individuals and nonprofit organizations in our community have the legal support they need to flourish!

More About Attorney Volunteer Services!

GDVLP MISSION: The Greater Dayton Volunteer Lawyers Project (VLP) provides innovative opportunities for attorneys to perform pro bono civil legal services to benefit persons with limited financial resources.

Summer Hawks Executive Director GseaesDa&EfE,V V fees Lawyers Project e. /V55es@d·,^NEs p. ?rsN8r w. ·,^NEs d

PBPO MISSION: Powered by attorney volunteers, we strengthen our community by providing free business legal services and education to nonprofits.

Suzanne Beck Dayton Counsel Pro Bono Partnership of Ohio e./V@affe@^b^EBaENEs p.?r?sNN w.^b^EBaENEs .

sept/oct 2022 |

DAYTON Bar Briefs

23

Law Related Organizations - UDSL

UB"iM"vKDavKBScBKK7KLa

Earn Your Master’s Degree in Program Management in our Government Contracting and Procurement Program.

go.udayton.edu/govpm

24

DAYTON Bar Briefs |

sept/oct 2022

DBA Members on the Move

Faruki PLL (Faruki+) Co-Managing Partner Erin Rhinehart has once again been named as one of the Dayton Business Journal’s Power 50. The Power 50 award highlights the top female business leaders in Dayton from a variety of industries who have made a large impact on the Miami Valley. In consecutive years 2020-2022, Erin was named Premier Health Care Lawyer for Dayton – a recognition given to just one health care lawyer per city. Erin is an active member of several associations; holding various leadership positions, including: former President of the Dayton Chapter of the FBA; former Chair of the OSBA Media Law Committee and Immediate Past President of the OWBA. Erin is a Fellow of the OSB Foundation and American Bar Foundation. In 2022, she was recognized as a 2022-2023 Dayton Bar Foundation Fellow. Erin regularly defends class action litigation, represents and advises various clients in the health care industry, and leads Faruki's media and communications practice, which includes First Amendment issues, online and traditional defamation, public records, trademark, copyright, trade secrets, open courts, branding, advertising law, social media, and certain privacy issues.

• Fsafce/cEANFessafe • ScEANKaf

(Dayton) – Tax Law

(Dayton) – Litigation – Intellectual Property

M?biMKBvBMK Guidelines:

DBAC7aMM"'dAdM MEDIATION/ ARBITRATION

Among the 126 lawyers from Thompson Hine LLP recognized in The Best Lawyers in America® 2023 there are 14 who have been named Best Lawyers 2023 Lawyers of the Year, an honor reserved for only one lawyer per practice area from each geographic location. These lawyers received the highest overall peer feedback for their practice areas and locations, demonstrating the high level of respect they have earned for their abilities, professionalism and integrity.

The two Thompson Hine lawyers in the Dayton office named 2023 Lawyers of the Year are: (photos above from left to right)

MEDIATIONS

NEED A MEDIATOR?

Jeffrey A. Hazlett Esq. John M. Meagher, Judge Dennis J. Langer 5276 Burning Bush Lane, (Retired) Retired Common Pleas Kettering, Ohio 27 years as a Mediator Judge 45429-5842 2200+ mediations (937) 367-4776 | (937) 689-3193 My fees are adjustable.

LangerMediation.com hazlettjeffrey@gmail.com (937) 297 604-4840 nadn.org/jeffrey-hazlett Jmeagher2@gmail.com

If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you!

• News of CLE presentations & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available Contact Shayla to submit your announcement or ad:

seggleton@daybar.org | 937.222.7902

sept/oct 2022 |

DAYTON Bar Briefs

25

DBA Membership Advantages - LRS

26

DAYTON Bar Briefs |

sept/oct 2022

DBA Membership Advantages - ONS

Sign Up! becomeanohionotary.com

Become an Ohio Notary!

Through a joint venture with the Akron, Cincinnati, Cleveland, Toledo and Ohio State Bar Associa tions, the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies.

NEas&LaCBecE,a/: Step 1 Obtain a formal Bureau of Criminal Investigation (BCI) background check Step 2 Visit NbecE5eafEBaEfEas&NcE5 , attend class virtually and pass the test (if required.)

ONS will provide you with a certificate for submission to the Secseas&EfaeS N Step 3 Visit the Ohio Secretary of State's website and select File Online to submit your application.

Step 4 Return to NbecE5eafEBaEfEas&NcE5 to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) sept/oct 2022 |

DAYTON Bar Briefs

27

109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED