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The Magazine of the Dayton Bar Association |NOVEMBER 2018 | Vol. 68, No. 3

Dayton

Bar Briefs 2018 Holiday Luncheon

December 14, 2018

Trustee's Message Caroline H. Gentry Esq. pg 4

Barrister of the Month James I. Weprin Esq. pg 6

Estate Planning The Epiphany of Due Influence Edward M. Smith pg 103


Dayton

CONTENTS

Bar Briefs

November 2018 | Vol. 68, No. 3

Dayton Bar Association Board of Trustees 2018 – 2019

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BARRISTER OF THE MONTH: JAMES I. WEPRIN ESQ.

By Kristina E. Curry Esq.

First Vice President

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ESTATE PLANNING TRUST & PROBATE

Fredric L. Young

By Edward M. Smith Esq.

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DBA RISING STAR: MATTHEW ERKKINEN ESQ.

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REAL PROPERTY

By Jonathan F. Hung Esq.

David P. Pierce President

Hon. Mary L. Wiseman

Second Vice President

Cara W. Powers Secretary

Brandon C. McClain Treasurer

Cassandra L. Andres Rice Member–at–Large

Caroline H. Gentry Member–at–Large

Denise L. Platfoot Lacey Member–at–Large

Adam R. Webber Member–at–Large

Brian L. Wildermuth Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Sally Dunker, ex officio Executive Director

DAYTON BAR BRIEFS is published by the Dayton Bar Association, 600 Performance Place, 109 N. Main St., Dayton, OH 45402–1129, as its official publica­tion for all members. Comments about this publication and editorial material can be directed to the Bar Associa­tion office by the fifth day of the month preceding the month of publication. The DAYTON BAR BRIEFS is published September through July.

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The Epiphany of Due Influence

By Lynn M. Reynolds Esq. Recent Changes and Cases in Landlord-Tenant Law

FOR THE GOOD: LYNN M. REYNOLDS ESQ. Co-Chair of Campaign for Equal Justice

By Zachary S. Heck Esq.

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DBA CLE SPOTLIGHT:

The Value of Patents

By Matthew R. Jenkins Esq.

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FROM THE JUDGES DESK

A View from the Bench: Jury Selection

By The Honorable Steven K. Dankof, Sr.

Departments 9 2018 NOVEMBER COMMITTEE MEETING DATES 14

CONTINUING LEGAL EDUCATION

30 CLASSIFIEDS Upcoming Events 5 WILLS FOR VETS

Sat. November 10th | Training 8:30am; Appointments 10:00am - 2:00pm | Dayton VA Medical Center

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NOVEMBER CHANCERY CLUB LUNCHEON

Sally Dunker, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308

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ANNUAL BENCH BAR CONFERENCE

Fri. November 9th | 8:30am-3:45pm | Sinclair Community College, Bldg 12

The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the Dayton Bar Association.

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DBA HOLIDAY LUNCHEON

Paid subscription: $30 / year Library of Congress ISSN #0415–0945

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Features 4 TRUSTEE'S MESSAGE Rules of the Sky for Commercial UAVs By Caroline H. Gentry Esq.

Dayton Bar Briefs November 2018

Fri. November 2nd | Doors open 11:30am | The Old Courthouse

Fri. December 14th | Doors open 11:30am | Sinclair Community College, Bldg 12

25 ROBERT FARQUHAR MOCK TRIAL COMPETITION 937.222.7902 Fri. January 18th | Noon - 5:00pm | Montgomery County Courthouse


Providing 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.

Coolidge Wall Co., LPA www.coollaw.com Founded in 1853, Coolidge Wall Co., L.P.A. is a premier resource for businesses and individuals. From our historic office in downtown Dayton, we serve clients throughout the Greater Miami Valley area and all over the world. As one of the oldest and most respected law firms in Ohio, we are trusted legal professionals with a history of obtaining results.

Faruki Ireland Cox Rhinehart & Dusing P.L.L. www.ficlaw.com With offices in Cincinnati & Dayton Faruki Ireland Cox Rhinehart & Dusing P.L.L. 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.

GOLD Partner

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Thompson Hine LLP www.thompsonhine.com 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.

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TRUSTEE'S MESSAGE

Rules of The Sky for Commercial UAVs H H

ave you ever looked up and noticed an unmanned aerial vehicle (“UAV,” popularly referred to as a “drone”) flying nearby? If the answer is no, just wait… you will. Hobbyists have flown UAVs for years, and more recently, businesses have begun flying UAVs. Why? The answer is simple: UAVs are great for business. Commercial UAVs carry sensors that quickly and reliably capture large amounts of data at a relatively low cost and without the risks attendant on putting a person on a ladder or in an airplane. Realtors and insurers use UAVs to capture images for use in marketing or damage assessments. Farmers use UAVs fitted with multispectral imaging sensors to measure crop health and identify areas in need of pesticides or irrigation. Construction firms use UAVs to conduct site surveys, perform volumetric analyses, create as-built plans, and monitor progress by routinely filming the site. Energy firms use UAVs fitted with thermal imaging sensors to inspect pipelines and detect leaks not yet visible to the naked eye. Telecommunication firms use UAVs fitted with Light Detection and Ranging (LiDAR) sensors to inspect and create 3D models of cell towers. Mining firms use UAVs fitted with hyperspectral sensors to identify the mineral content of rocks. Security firms use UAVs fitted with electro-optical/infrared sensors to provide surveillance. Retailers use UAVs fitted with radio-frequency identification (RFID) sensors to conduct warehouse inventories. Delivery drones are beginning to make their debut. And these are just some of the impressive commercial applications for UAVs. Given all of these benefits, why don’t more businesses use UAVs? Aside from the usual barriers to entry—the reluctance to adopt

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Dayton Bar Briefs November 2018

By Caroline H. Gentry Esq. Member-at-Large Porter Wright Morris & Arthur, LLP and invest in new technologies, the need to hire trained personnel, etc.—there are unique technological and legal hurdles. Businesses want UAVs to have improved sense-andavoid capabilities, longer flight times, and the ability to fly safely beyond line of sight. They also need more certainty regarding federal, state and local laws. The “rules of the sky” are clearer today than just a few years ago, but they are still developing. So what, at this point, are the rules for commercial UAVs? Most of the attention has been focused on the federal level. In 2012, Congress directed the Federal Aviation Administration to come up with a five-year roadmap for the integration of civil unmanned aircraft into the National Airspace. The FAA began a major push that resulted, two years ago, in the issuance of regulations for small (less than 55-pound) UAVs. Under the rules set forth in 14 C.F.R. 107 (“Part 107”), remote pilots who pass a written test can fly small UAVs under certain conditions, including no flights over people and no flights beyond visual line of sight. Part 107 allows businesses to waive certain rules if they show that they can operate safely. Last year, for example, CNN became the first entity permitted to fly UAVs directly over people. Part 107 lowered the costs of entry for businesses and it has been a welcome first step. Thorny questions remain, however. For example, who owns, and who has the right to regulate, the National Airspace? The ancient rule was cuius est solum, eius est usque ad coelum et ad inferos: “Whoever’s is the soil, it is theirs all the way to Heaven and all the way to Hell.” This expansive and simple rule was curtailed by the birth of aviation and Congress’s subsequent declaration that “[t] he United States Government has exclusive sovereignty of airspace of the United States.”

49 U.S.C. § 40103(a)(1). “The air is a public highway,” U.S. v. Causby, 328 U.S. 256, 261 (1946), and it makes sense for the federal government to control it exclusively because airplanes fly at high altitudes, often cross state lines, and should not be subject to a patchwork of inconsistent state rules. But it is not obvious that the same logic applies to UAVs. Unmanned aircraft fly at low altitudes, rarely cross state lines, and are launched and landed in spaces traditionally controlled by state and local governments. What jurisdictions should federal, state and local governments have over UAVs? Should they divide their respective jurisdictions by altitude, or should they have overlapping jurisdictions with shared and distinct responsibilities? Conflicts have already arisen, including regarding the fundamental issue of where UAV pilots can fly. Federal law broadly allows UAVs to be flown in most airspaces, but some state and local governments have decreed certain airspaces (e.g., parks, public right-of-ways) to be off limits. Conflicting state and local laws may be preempted by federal law, but courts will need to make those decisions. UAVs also have created difficult questions regarding property rights. Before a pilot flies a UAV a mere 50 yards above a house or backyard, does she need to obtain permission from the owner? Or does the aerial public highway extend down to wherever UAVs can be flown? And how will UAVs change the legal rules governing civil claims for invasion of privacy, trespass and nuisance? Questions arising from repeated collisions of these

continued on page 5

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TRUSTEE'S MESSAGE: Rules of the Sky for Commercial UAVs continued from page 4 competing interests—federal regulation of aviation, state and local police powers, the public interest in an aerial highway, the need to safeguard reasonable expectations of privacy, and private property rights—will be hotly debated in courts and law schools for years to come. And these conflicts will only increase as state and local governments pass more and more laws (both civil and criminal) specific to UAVs. For now, the best advice for businesses that fly UAVs is to keep a close eye on federal, state and local legislatures, to educate lawmakers about the benefits of UAVs, and to advocate for the passage of favorable laws. Some people see UAVs as a problem to be managed. But when people understand the benefits that UAVs provide, and are persuaded that concerns about them can be adequately addressed, they are more likely to support laws that allow UAVs to be flown. And at that point, as they say, the sky’s the limit.

www.daybar.org

Upcoming Wills for Vets Event!

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Professional Investigative and Legal Support Services Firm  Polygraph  Asset Searches

Dayton VA Medical Center Saturday, November 10, 2018 Training: 8:30am Appointments: 10:00am - 2:00pm Contact Chris for details: calbrektson@daybar.org

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

November 2018 Dayton Bar Briefs

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BARRISTER OF THE MONTH

James I. Weprin Esq.

JJ

ames Weprin is the Dayton Bar Briefs Barrister of the Month for November 2018. Jim has been practicing for over 50 years in the Dayton community representing business owners, buyers and sellers, investors and entrepreneurs in business and real estate matters, as well as estate planning. A native of Dayton, Ohio, Jim graduated from Fairview High School and then attended The Ohio State University for both his undergraduate and law degrees, gaining admission to the Ohio Bar in 1967, after which he returned to Dayton to begin his practice. Jim has been married to Barbara since 1966 and has two sons, both physicians; one of whom lives in Orlando, Florida and the other in Portland, Oregon. He also has three grandchildren. Upon returning to Dayton to begin his practice, Jim honed his skills as a legal contract writer at WPAFB and also taught Real Estate and Business Law at Sinclair Community College. He then joined the firm of Skilken & Phillips on a part-time basis, and became a Magistrate for the Probate Court for an additional two years before joining the firm of Cumming, Bannister, Izenson & Kinney, in the Kettering Tower on the 19th floor. Years later, he would return to the Kettering Tower to practice on the 18th floor with the firm of Lewis & Froelich, which became Froelich & Weprin and finally, Weprin & Folkerth. Jim also served as a part-time counsel for the Ohio Assistant Attorney General's office in the Worker's Compensation Section for a number of years. Jim recalled the story of how he won his first jury trial as a new lawyer. The case was a criminal appointment case and the defendant had been charged with three counts of aggravated arson. Matt Heck was the Assistant Prosecutor and Judge Carl Kessler presided. Jim recalls that his client was up against two witnesses, both family members, who testified that the Defendant was guilty as charged, but his client still refused to plea to a lesser offense. In Jim’s closing argument, he said “Ladies and gentlemen of the jury, as you can see, it is clear from the evidence that my client is GUILTY, NOT GUILTY “, quickly correcting himself. At that point, he was called to the bench for a conversation, and in the end, the jury returned a verdict of “not guilty”. However, Jim decided that he would no longer accept criminal cases. continued on page 7

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Dayton Bar Briefs November 2018

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BARRISTER OF THE MONTH: James I. Weprin Esq. continued from page 6

In his free time, Jim and his wife enjoy traveling, which usually means an active vacation. They recently went to the Smoky Mountains and climbed to the top of Mount LeConte. Visiting Yellowstone and Jackson Hole this summer with their children and grandkids was also a memorable experience. Jim also enjoys Ohio State football, golfing at Moraine Country Club, working out at the Dayton Racquet Club and snow skiing in Colorado. He is practicing in the Kettering Tower for the third time, now with the firm of Pickrel, Schaeffer & Ebeling. Thank you, Jim, for your many years of ongoing service to the Dayton community and congratulations on becoming Barrister of the Month for November 2018.

By Kristina E. Curry Esq. Co Chair DBA Editorial Board Pickrel, Schaeffer & Ebeling Co., LPA

www.daybar.org

November 2018 Dayton Bar Briefs

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DBA SPECIAL EVENTS

CLASS OF 68' T T

his is less of a report on the Fifty Year Honoree Luncheon held on October 10th than a sympathy note to those who had the misfortune not to attend that event. 1968 was an absolutely appalling year in American history. One of the few good things that can be said about it is that it brought to Dayton a group of young lawyers who in the next half century followed diverse paths across the legal landscape with impressive contributions to clients and courts. The uniform emotion expressed in looking back down those paths was a sense of self-fulfillment and satisfaction. No burn-out here. Except for some fellow lawyers – Jack Davis, Pete Fink and John Breidenbach among others – who didn’t make it all the way up the path, all present were filled with wit, enthusiasm and energy. Mike Herr and Bud Seall had followed parallel paths, representing major corporate clients at the Smith & Schnacke/Thompson Hine and Coolidge firms respectively. Mike gave an eloquent account of what has changed and what remains unchanging in the experience of the law. Both noted the numbers of significant companies that no longer exist, and both underscored the joy and inspiration that are the products of interpersonal working relationships with gifted legal partners and associates. Both also emphasized the values of family support to success in a demanding profession. Jim Hickey and Ralph Skilken provided colorful insights into what was involved in primarily solo practices over the past half century. Ralph, who is the son of a lawyer and the father of two lawyers, reviewed a wide spectrum of colorful adventures in the law and highlighted the play of luck or fate in making contacts that lead to memorable experiences and multiple representations. Jim, who was involved in real estate legal matters well before he started his fifty years as a lawyer, offered an equally delightful collection of events and personalities which he has encountered in a practice that has carried him to eighty-six of Ohio’s eighty-eight counties. Gary Froelich who currently practices at Sebaly, Shillito & Dyer spent most of his career in the boutique-sized firm of Louis & Froelich. He thus has covered the spectrum from the solo practices of Hickey and Skilken to the larger firm practices of Herr and Seall. Ray Cox who was unable to attend for health reasons experienced his career largely in solo practice

Photo's courtesy Julie Noeth of Walling Photography. Photo'd from top left to bottom right: Gary L. Froelich, James P. Hickey, Judge William Wolff Jr., William H. Seall, Judge John W. Kessler, J. Michael Herr, and Ralph A. Skliken Jr.

and with small associations of attorneys. Mike Holz who was also unable to attend the event, was another lawyer who prized his independence and practiced alone after initial experience as a Probate Court Magistrate. He offered for meditation the comment that from a technological perspective in 1968 he and his fellow lawyers had more in common with the lawyers of 1918 than with the lawyers of 2018. To complete our luncheon tour of the past fifty years of the law in Dayton from every conceivable perspective, the honorees included Bill Wolff who has been an admirable member of the Common Pleas Court and the Montgomery County Court of Appeals for many years and John Kessler who covered all the bases. Starting as an assistant prosecutor under Lee Falke, John went on to become the first public defender in Ohio, to then becoming part of a law firm which had the distinction of the largest firm name that ever graced our Bar, and then to a memorable tenure as a Common Pleas Judge. continued on page 11

Visit Us on Facebook to View More Photos From This Event! @DaytonBarAssociation

937.222.7902


november committee meetings

Friday, November 2nd Public Service & Congeniality @ 11:00am CANCELED - Monday, November 5th Juvenile Law @ 4:00pm Tuesday, November 6th Diversity Issues @ Noon Young Lawyers Division (YLD) @ Noon Wednesday, November 7th Appellate Court Practice *optional CLE @ Noon Topic: Oral Advocacy Speaker: Chris Epley, Christopher B. Epley Co., LPA An experienced appellate practitioner, Chris Epley will discuss strategies for preparing and presenting a persuasive appellate oral argument. Discussion will include outlining oral argument and responding to inquiries from the bench.

Estate Planning Trust & Probate Law *optional CLE @ 4:00pm Topic: The Disability Foundation Thursday, November 8th Environmental Law @ 5:00pm | Location: TBD Real Property @ Noon Domestic Relations @ 4:00pm

Tuesday, November 13th Labor & Employment Law @ Noon Civil Trial Practice @ TBD Wednesday, November 14th Federal Practice @ Noon Thursday, November 15th Workers Comp’ & Social Security *optional CLE @ Noon Topic: What’s Law Got to Do with It? Why Strong Cybersecurity Principles are Necessary for Any Law Practice and Law Firm Speaker: Zachary S. Heck, Taft Stettinius & Hollister LLP Topics to be discussed: Why Are Law Firms

Different?; What Data is Regulated (aka Law Firms as a One Stop Shop)?; Data Governance Principles to Implement into Practice and Basics of Breach Response.

Wednesday, November 21st Criminal Law & It's Enforcement @ Noon Wednesday, November 28th Law & Technology @ Noon

!

We’re Saving a Seat Just for YOU. It’s never too late to join a DBA Committee anytime throughout the year.

daybar.org/JoinCommittee www.daybar.org

November 2018 Dayton Bar Briefs

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ESTATE PLANNING

The Epiphany of Due Influence A

lthough the term “epiphany” has distinctly religious overtones, it also serves as a reminder of the sudden grasp of the obvious. I have always struggled with the concept of undue influence. In many cases, not all, it makes no sense. It seems somewhat contrary to human nature. It assumes that most, if not all people are pliable, compliant, incapable and without freedom to make their own decisions. It does make sense on occasions in which the person who is susceptible because of mental or physical incapacity has greater vulnerability. Yet, the presumption of undue influence simply because there is a confidential or fiduciary relation is ominous and, in my opinion, many times unfair. For example, the existence of a power of attorney can create a presumption of undue influence if the principal benefits the agent to whom he or she may be grateful. Likewise, a confidential relationship, which can take many forms, can also create such a presumption. A recent case in the Second District Court of Appeals addressed the seemingly obvious fact of human nature – spouses naturally exercise influence over their spouse. Mr. and Mrs. Obvious! Is it undue influence? No, it ordinarily is not. In fact, I rather prefer the phrase “due influence.” The Second District Court of Appeals addressed the issue in Estate of Kiefer, 2017-Ohio-6997, 95 N.E. 3d 687 (2nd Dist. 2017). One of the plaintiff ’s lawyers involved in the Kiefer case recently wrote about the case in Probate Law Journal of Ohio.1 He said that the Kiefer case carves out a new exception that a spousal relationship is normally not a confidential relationship that creates a presumption of undue influence. “For the first time, the Kiefer decision carves out an exception to the general rule, and this exception applies to the relationship between a husband and wife. The Appellate Court held that no such confidential relationship can exist between a husband and wife unless there is additional proof of “’special circumstances.’”2 Nevertheless, Kiefer seemed to reserve the right to a presumption in certain cases: “We are not saying that a transfer between spouses can never raise a presumption of undue influence. Rather, we agree with the trial court that an undue-influence presumption does not arise based solely on the marital relationship. If it did, a testate inheritance of every surviving spouse would be subject to a presumption of undue influence. Something more is needed.”3 Following the Restatement of the Law 3d, Property (Wills and Other Donative Transfers) (2003), the Court found that the “something more” is “suspicious circumstances.” The Court held “’There must also be suspicious circumstances surrounding the preparation, execution, or formulation of the donative transfer,’ says the Restate10

Dayton Bar Briefs November 2018

By Edward M. Smith Esq. Chair Estate Planning Trust & Probate Committee Nolan, Sprowl & Smith ment, that ‘raise an inference of abuse of the confidential relationship between the alleged wrongdoer and the donor.’”4 The Court felt this was not a case of abuse because the fourth wife had lived with the decedent for quite some time. The estate plan was established for quite some time. The son was not completely left out. Plaintiff ’s counsel seemed convinced of the undue influence because of this: “At the end of the day… [s]he had 24/7 access to John.5 Under these circumstances, the Court should have found that a ‘confidential relationship’ existed between them and that a jury instruction to this effect was altogether appropriate.”6 I would argue the opposite. Isn’t communication between spouses the hallmark of a good marriage? Is communication and making joint decisions now a reason to be afraid of an attack on the surviving spouse by the child jilted by his parent simply because they were married, and the surviving spouse held a power of attorney? Once again, these questions illustrate that the presumption of undue influence in many cases is unreasonable and contrary to human nature.7 What does the presumption of undue influence accomplish? First, it is a plaintiff ’s dream instruction. Please review the proposed instruction in Kiefer. The last sentence is a dagger to the heart of the defendant and a means to set aside almost any testamentary and nontestamentary transfer and invalidate the clear wishes of the decedent. “If a confidential or fiduciary relationship existed between John Kiefer and Kimberly Kiefer, there is a presumption that any transaction between them is invalid.”8 The Court is effectively signaling to the jury that the defendant more likely than not exercised some kind of improper coercion on the decedent, simply because of the defendant’s relationship. As a result of this daunting presumption, which can of course be rebutted, the plaintiff has accomplished the proof of the case without much, if any, work. The law presumes the defendant did something wrong, and it is up to the defendant to prove she did not. continued on page 11 Endnotes: Kolb, In re Estate of Kiefer, PLJO, Volume 28, Issue 5, 196 (May/June 2018). 28 PLJO, Issue 5, at 197. Kiefer, 95 N.E. 3d at 691. 4 Kiefer, supra at 692, citing Restatement 3d, Section 8.3, comment h. 5 Some spouses would demur to this observation. 6 28 PLJO, Issue 5, at 197-198. 7 Why does the law create spousal rights, such as the right to elect against the will, if not for the presumption that spouses should benefit their surviving spouse in their estate plan? Spouses are expected, in the normal course of events, to favor their spouse in their estate plan. Thus, the presumption of undue influence by a spouse, simply because of the marital relationship, is not only contrary to human nature, but also contrary to the presumptions created by Chapter 2106. Put another way, do presumptions arise simply from carrying out the duties and obligations to a spouse? 8 Kiefer, supra at 690. 1 2 3

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ESTATE PLANNING TRUST & PROBATE: The Epiphany of Due Influence continued from page 10 Human nature being what it is, people are naturally inclined to give greater reward to those who care about them over those who simply have a blood relationship. This is the law of due influence. I firmly believe that the presumptions created by courts on the issue of undue influence are in many cases unfair and create unnecessary litigation. If all were on a more level playing field with the requirement of suspicious or abusive circumstances before implementing the presumption, it is likely the egregious cases would continue to be prosecuted, and plaintiffs would still prevail. Many of the cases that are undeserving and simply brought to force a settlement would possibly fall by the wayside.9 If the Kiefer case has as broad an effect as suggested, it will advance the law of undue influence and move the law slowly, but inexorably toward recognition of the undeniable nature of due influence.10 Endnotes: These comments are not intended to completely eschew undue influence, but the law should require some evidence, other that status or relationship, to trigger the presumption: vulnerability, physical or mental; sudden change of estate plan; physical or verbal coercion on a routine basis; expressions of hatred or discord; that is, something more than mere status. See also, Young v. Kaufman, 2017-Ohio-9015, 010 N.E. 3d 655 (8th Dist. 2017) addressing the dichotomy between the actions of two of the sibling defendants. 10 The Court noted that Ohio cases involving blood relationships have found that no presumption of undue influence arises. Kiefer, supra at 691. 9

www.daybar.org

DBA SPECIAL EVENTS: 50 Year Honoree Luncheon continued from page 8

So, if you missed it, you have my sympathy. You have been deprived of enough information about Dayton law, Dayton lawyers, old cases and old history to fill a bookshelf. You have also lost your chance to accumulate much trivia, including the fact that Chester Finn was the Bar president in 1968, that Herb Eichenberry closed his downtown office in that year, and that the last show at the Mayfair Burlesque Theatre on Fifth Street took place in 1968. This little summary is nothing more than a stone skipped across the surface of deep waters. Remind yourself to add yourself to the attendees at next year’s event. And tell all new lawyers not to miss that event. They need to know what it is like to practice this profession for half a century. And they also need to be able at their own fifty year anniversary luncheon to say that they recall attending an event in the year of their admission that gave them what has been the experience of a hundred years at the Dayton Bar. By David C. Greer Esq. DBA Editorial Board Bieser Greer & Landis LLP

November 2018 Dayton Bar Briefs

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DBA RISING STAR

DBA Rising Star Matt Erkkinen Esq. M M

att Erkkinen's grandfather was the first to introduce him to others as "his attorney." He did so all the time-- even to strangers at McDonald's -starting when Matt was 8 years old. "I'll have a coffee," he would say, "and my attorney here," gesturing toward young Matt, "will have the kid's meal." While his grandfather may have started him on the path to becoming an attorney, it's through ambition and what he describes as "timing and connections" that have led to early his success and earned him this spot as a DBA Rising Star. From his first days as an 1L student at the University of Dayton School of Law, Matt took the time to make connections with the Dayton legal community. Matt wanted experiences that only lawyers can have. In his quest to get them, he cold called Allbery Cross Fogarty, introduced himself to the attorneys and locked in a position as a "volunteer" for the firm. He used that same strategy as a 3L: made a phone call, introduced himself, volunteered, and secured an externship in Judge Rice's chambers. Matt continued to seek judicial clerkships knowing the benefits that they offer with legal research, writing and analysis, and for getting to know the lawyers appearing in the courtroom. After a summer clerkship with Judge Gorman, Matt clerked for Judge Wolff during a period when Judge Wolff covered Judge Price's docket. Matt's relationship with Judge Wolff has been a lasting one: after graduation from law school and admission to the bar, Judge Wolff became Matt's mentor through the Ohio Supreme Court's Lawyer to Lawyer Mentoring Program. Matt next became Judge Krumholz's staff attorney, a position he held for 2 years. As staff attorney to Judge Krumholz, Matt managed the civil docket and drafted Judge Krumholz's opinions in both civil and criminal matters. With Judge Krumholz's encouragement, Matt became active in the Dayton Bar Association. He co-chaired the 5k for Kids and eventually co-chaired the Young Lawyers Division. While he was participating in the DBA Leadership Program, Matt got to know Kermit Lowery, a connection that would help Matt reach a career goal. Jim Dyer was one of the lawyers Matt learned about while clerking for Judge Krumholz. As he was nearing the end of his two year position with the Judge, Matt arranged for a lunch meeting with Jim. Though Sebaly, Shillito & Dyer did not have any associate positions open at the time, they did two and one-half months later and they called Matt. While Matt was interested in the firm's corporate transactional work, he jumped at the chance to work with Jim on their business litigation team. As a litigation associate, Matt put the skills he learned from his judicial clerkships to use. He worked on matters ranging from claims arising out of ERISA and FINRA to RICO to CSPA. Though he appreciated the experience he was getting, Matt looked for opportunities within and without the firm. An ad for a corporate counsel position at the Boca Raton offices at LexisNexis Risk Solutions had Matt picking up the phone and inviting Kermit Lowery to lunch. Kermit offered Matt insight into practice in a corporate law department and advice about steps he might take to better position himself for an in-house role. Matt didn't apply for the LexisNexis position then but two months later, Kermit called to let Matt know that LexisNexis Legal & Professional had two corporate counsel positions open in Dayton and encouraged Matt to apply for one of them. Since he started as Corporate Counsel at LexisNexis in January 2018, Matt has learned a whole new set of acronyms (LexisNexis has an internal wiki to help keep continued on page 12

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DBA RISING STAR: MATTHEW ERKKINEN ESQ. continued from page 11

him track of them all!) and developed a new set of relationships with sales representatives, and business leaders. Finally free of the billable hour, Matt drafts and negotiates a variety of commercial contracts, such as content licenses, software agreements and vendor contracts, reviews marketing materials, develops corporate policies and manages litigation. Matt reports that he now has the bandwidth to leverage the synergies of his litigation roots to drilldown to solutions for his stakeholders and build buy-in within an omnichannel supported environment that breaks down silos through multiple touchpoints.1 With the transition from law firm to law department under hand, Matt started another role – as a father! Matt met his wife, Carla, a paralegal at Sebaly, just a few weeks before he started at Sebaly. After Matt started (and consulted the employee handbook) at the firm, they continued their relationship and married in 2017. In August, they welcomed a healthy baby boy, Elliot. The Erkkinen family resides in Liberty Township. Before Elliot arrived, Matt enjoyed spending his free time playing golf, watching any sporting event involving a team from Cleveland and exploring the restaurant scene in Dayton and Cincinnati. In a short time, Matt has clerked in four different judges' chambers, clocked billable hours in a law firm and transitioned to a corporate law department. He got there by making it happen through drive and cultivating relationships. Surprisingly, like many of us, Matt finds networking difficult but has found that the more he does it, the easier it gets.

By Lynn M. Reynolds Esq. DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing, P.L.L.

The Chancery Club Luncheon: The Old Courthouse | Friday, November 2, 2018 Doors open 11:30am | Catering: The Deli Speaker: Brady Kress, President/CEO of Dayton History will give an update.

Seating is Limited! RSVP to Tyler: twright@daybar.org

be sure to follow us!

Endnotes: Matt's early mastery of corporate jargon is one more sign that he's on the road to success at LexisNexis.

1

www.daybar.org

@Dayton_Bar

@DaytonBarAssociation November 2018 Dayton Bar Briefs

13


november 2018 cle Oral Advocacy Wednesday, November 7, 2018 12:00pm - 1:00pm | 1.0 General Hr M $35 | NM $45 | P$0 Speaker: Chris Epley, Christopher B. Epley Co., LPA An experienced appellate practitioner, Chris Epley will discuss strategies for preparing and presenting a persuasive appellate oral argument. Discussion will include outlining oral argument and responding to inquiries from the bench.

2018 26th Annual DBA Bench Bar Conference Lawyers: The Gatekeepers of Justice, Fairness and Democracy? Friday, November 9, 2018 8:30am - 3:45pm | 5.75 General Hrs, incl.1.0 Professional Conduct Hr M $200 | NM $300 | P $30 Location: Sinclair Community College, Bldg 12 Printed Materials $30 Lunch and Parking included in registration!

Introduction to Cybersecurity: Standard Care for Lawyers and Their Clients Wednesday, November 14, 2018 12:00pm - 1:00pm | 1.0 General Hr M $35 | NM $45 | P $0 Speaker: Lindsay M. Johnson, Freund Freeze & Arnold Discussion of current cybersecurity attacks and trends, noteworthy case law, and cybersecurity standards of care for lawyers and their clients.

Workers Compensation & Social Security Committee presents: What’s Law Got to Do with It? Why Strong Cybersecurity Principles are Necessary for Any Law Practice and Law Firm

Ethics Case Law Review and New Advisory Opinions Thursday, November 15, 2018 9:00am - 12:15pm | 3.0 Professional Conduct Hrs M $105 | NM $150 | P$0 Speakers: John Ruffolo, DBA Bar Counsel Tabitha Justice, Subashi & Wildermuth Mark A. Tuss, Law Offices of Mark A. Tuss Jeff Hazlett, DBA Ethics and Grievance Committee During this seminar, presenters will discuss common ethics violations, professionalism in the practice and the routine procedures for prosecuting ethics violations. This is a great opportunity to learn something new about the Ohio Rules of Professional Conduct and professional experiences. The Rules and Example cases will be provided to all attendees.

Dayton Bar Briefs November 2018

Recent Ethics Violations and the Ethical Perils of Social Media (video replay) Tuesday, November 20, 2018 9:00am - 12:15pm | 3.0 Professional Conduct Hrs M $105 | NM $150 | P $0

Juvenile GAL Update Wednesday, November 28, 2018 9:00am - 12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

The Anatomy of a Will Contest Wednesday, November 28, 2018 1:00pm - 4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

Appellate Practice Update: Appellate Issues, Advocacy & The Criminal Appeal Thursday, November 29. 2018 9:00am - 12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Speakers: Judge Michael J. Newman, Judge Jeffrey Welbaum and Angelina Jackson Agenda: 9:00am - 10:00am Magistrate Judge Michael J. Newman of the United States District Court for the Southern District of Ohio will speak on appellate issues arising from magistrate decisions. 10:00am - 11:00am Judge Jeffrey Welbaum of the Second District Court of Appeals will speak on Appellate Advocacy 11:15am - 12:15pm Angelina Jackson of the Montgomery County Public Defender’s Office and a Prosecutor [TBD] from the Montgomery County Prosecutor’s Office will speak on The Criminal Appeal 12:15pm ADJOURN

Criminal Law Certification

Thursday, November 15, 2018 12:00pm - 1:00pm | 1.0 General Hr M $35 | NM $45 | P $0 Speaker: Zachary S. Heck, Taft Stettinius & Hollister LLP Agenda: I. Why Are Law Firms Different? II. What Data is Regulated (aka Law Firms as a One Stop Shop)? III. Data Governance Principles to Implement into Practice IV. Basics of Breach Response

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dba cle savings

Friday, November 30, 2018 9:00am - 4:45pm | 6.0 General Hrs M $215 | NM $300 | P $0

ON DAYTcia tion Bar asso

2 0 18

r Fall/Wintening Guide n la P CLE

The 2018 Fall/Winter CLE Planning Guide is Available Online! Log On & Register for CLEs in one easy click! www.daybar.org/cle

937.222.7902


Friday, November 9, 2018

5.75 CLE Hrs

Sinclair Community College

26th annual

DBA Bench Bar Conference Friday, November 9, 2018

LAWYERS:

The Gatekeepers of Justice, Fairness and Democracy? Agenda:

8:30am-8:45am Welcome and Introductions 8:45am-10:15am PLENARY 1 - Lawyers Protecting Immigrants: The Children Are Not Okay 10:15am-10:30am Break 10:30am-11:30am Breakout Session I - Juvenile Court - "Protecting Families First" - Probate Court - "Safeguarding the Elderly" - United States District Court Civil and Criminal - Municipal Court - "Lawyers: Preserving Civil Liberties (Pre-Trial Release) 11:30am-11:35am Break 11:35am-12:35pm PLENARY 2 - #WeToo: Lawyers Raising the Bar: Identifying, Addressing & Preventing Sexual Harrassment (1.0 Hour Professional Conduct) 12:35pm-1:30pm Lunch 1:30pm-2:30pm PLENARY 3 – The Private Practitoners' Role in Creating Positive Change Jeff Cohen, Entertainment Lawyer 2:30pm-2:45pm Break 2:45pm-3:45pm Breakout Session 2 - Domestic Relations Court - Common Pleas Court Civil and Criminal - Appellate Court - "Second District Court of Appeals Update"

Friday, November 9, 2018 | 8:30am-3:45pm 5.75 CLE Hours, including 1.0 Hour of Professional Conduct Member $200 | Nonmember $300 | Passport $30 Location: Sinclair Community College, Building 12 Lunch and Parking Included in Registration!

Register! www.daybar.org/cle 937.222.7902 October 2018 Dayton Bar Briefs

15


december 2018 cle A Civil Trial - Tips from the Pros: Do's and Don’ts from the Bench, Cross Examination in a Personal Injury Case Tuesday, December 4, 2018 9:00am-12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Location: Montgomery County Common Pleas Courtroom #4 Speakers: Judge Steven Dankof, Judge Michael Krumholtz, Patrick Allen, Thomas Green, John Smalley, Chris Carrigg, Will Allen and John Haviland

Domestic Relations Update: Ohio Child Support Law Wednesday, December 5, 2018 9:00am-12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

New Lawyer Training Core Components: Professionalism, Law Office Management and Client Fund Management Wednesday, December 5, 2018 1:00pm-4:15pm 3.0 General Hrs or 3.0 New Lawyer Training Hrs M $105 | NM $150 | P $0

Labor and Employment Update Thursday, December 6, 2018 8:30am-11:45am | 3.0 General Hrs M $105 | NM $150 | P $0

Workers Comp for the General Practitioner Thursday, December 6, 2018 12:30pm-3:45pm | 3.0 General Hrs M $105 | NM $150 | P $0

Ethics Case Law Review and New Advisory Opinions (video replay) Friday, December 7, 2018 9:00am-12:15pm | 3.0 Professional Conduct Hrs M $105 | NM $150 | P $0

Federal Practice Update with the Judges Tuesday, December 11, 2018 9:00am-12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Speakers: Honorable Walter H. Rice, Honorable Thomas M. Rose, Honorable Michael J. Newman, Honorable Sharon L. Ovington, Michael N. Rhinehart and Glen R. McMurry

Crisis Management for Attorneys & Their Clients Wednesday, December 12, 2018 11:30am-12:30pm | 1.0 General Hr M $35 | NM $45 | P $0 Speaker: Thom Fladung, Hennes Communications

*Read More About this CLE on page 18 Real Property: Five Crash Courses in Five Common Real Property Matters and Legal Updates Wednesday, December 12, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Speakers: Jonathan F. Hung and Robert D. Ballinger The approach to this session is to provide an introductory overview into each topic to help new and experienced attorneys who may be making a foray into the arcane art of real property law.

Judge Langer’s 2018 Criminal Law Update Seminar Thursday, December 13, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Location: Sinclair Community College, Building 12 Speaker: Judge Dennis J. Langer, Montgomery County Common Pleas Court

2018 Probate Law Institute (video replay) Monday, December 17, 2018 9:00am -4:45pm 5.0 General Hrs + 1.0 Professional Conduct Hr M $215 | NM $300 | P $0

2018 Annual Elder Law Update (video replay)

New Lawyer Training Core Components: Professionalism, Law Office Management and Client Fund Management (video replay) Thursday, December 20, 2018 9:00am-12:15pm 3.0 General Hrs or 3.0 New Lawyer Training Hrs M $105 | NM $150 | P $0

Rules of Evidence: Character and Impeachment (video replay) Thursday, December 20, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

*Read More About this CLE on page 22 26th Annual Intellectual Property for General and Corporate Practitioners Friday, December 21, 2018 9:00am-12:15pm 2.0 General Hrs + 1.0 Professional Conduct Hr M $105 | NM $150 | P $0 Speakers: Matthew R. Jenkins and Ted Lienesch

Ethics Case Law Review and New Advisory Opinions (video replay) Friday, December 21, 2018 1:00-4:15pm | 3.0 Professional Conduct Hrs M $105 | NM $150 | P $0

Judge Langer’s Criminal Law Update Seminar (video replay) Wednesday, December 26, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

Writing for Advocates (video replay)

Tuesday, December 18, 2018 9:00am -4:45pm | 6.0 General Hrs M $215 | NM $300 | P $0

Thursday, December 27, 2018 9:00-12:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

2018 Annual Domestic Relations Institute (video replay)

Estate Planning 101 (video replay)

Wednesday, December 19, 2018 9:00am -4:45pm 5.0 General Hrs + 1.0 Professional Conduct Hr M $215 | NM $300 | P $0

Thursday, December 27, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0

Recent Ethics Violations and the Ethical Perils of Social Media (video replay) Friday, December 28, 2018 9:00am-12:15pm | 3.0 Professional Conduct Hrs M $105 | NM $150 | P $0

Earn Up to 12-Hours of CLE Online! Anytime. Anywhere.

Take a look at our new online CLE programs at:

daybar.ce21.com

16

Dayton Bar Briefs November 2018

937.222.7902


December 2018 CLE Spotlights

Hot Topic CLE Features and Speaker Favorites! A Civil Trial - Tips from the Pros: Do's and Dont's from the Bench, Cross Examination in a Personal Injury Case and Civil Trial - Tips from the Pros Tuesday, December 4, 2018 | 9:00am - 12:15pm | 3.0 General Hrs Location: Montgomery County Common Pleas Court, Courtroom #4

Agenda: 9:00am-9:15am 9:15am-10:00am

10:00am-10:15am 10:15am-11:00am

11:00am-11:45am

11:45am-12:15pm

Do's and Dont's From the Bench: Judge Steve Dankof and Judge Michael Krumholtz Direct Examination and Cross Examination of a Plaintiff in a Personal Injury Case: Pat Allen and Tom Green BREAK Direct Examination and Cross Examination of a Defendant in a Personal Injury Case: John Smalley and Chris Carrigg Direct Examination and Cross Examination of a Expert in a Personal Injury Case: Will Allen and John Haviland The Effective Use of Technology in Trial: Speakers TBD

Federal Practice Update Tuesday, December 11, 2018 | 9:00am - 12:15pm | 3.0 General Hrs Speakers: Honorable Walter H. Rice, Honorable Thomas M. Rose, Honorable Michael J. Newman, Honorable Sharon L. Ovington, Michael N. Rhinehart Esq. and Glen R. McMurry Esq.

Agenda:

9:00am-10:00am 10:00am-10:45am 11:00am-11:45am 11:45am-12:15pm 12:15pm

Year in Review of the U.S. District Court (Dayton): Honorable Walter H. Rice, Honorable Thomas M. Rose and Honorable Michael J. Newman U.S. Supreme Court Review: Honorable Sharon L. Ovington Federal Civil Procedure Update: Honorable Michael J. Newman and Michael N. Rhinehart Esq. The Basics of Multidistrict Litigation (“MDL”): Glen R. McMurry Esq. ADJOURN

Judge Langer’s 2018 Criminal Law Update Seminar Thursday, December 13, 2018 | 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Location: Sinclair Community College, Building 12 Speaker: Judge Dennis J. Langer, Montgomery County Common Pleas Court Judge Langer will survey US and Ohio Supreme Court and appellate decisions. Topics may include: search and seizure, confessions, pretrial identifications criminal offenses, pretrial procedure, rules of evidence, trial procedure, sentencing, and CCS revocation.

26th Annual Intellectual Property for General and Corporate Practitioners Thursday, December 21, 2018 | 9:00am - 12:15pm 3.0 General Hrs, including 1.0 Professional Conduct Hr or 3.0 New Lawyer Training Hrs M $105 | NM $150 | PP $0 Speakers: Matthew R. Jenkins Esq., Jacox Meckstroth & Jenkins and Ted Lienesch Esq., Thompson Hine

Agenda: 9:00am 11:00am 11:15am 12:15pm www.daybar.org

Patents, Copyrights and Trademarks for the General Practitioner Break Ethics Issues Involving Intellectual Property Adjourn November 2018 Dayton Bar Briefs

17


REAL PROPERTY

Recent Changes and Cases in Landlord-Tenant Law II

t had been a few months since I stepped into Dayton Municipal Court this year in an eviction action. In the past, the court would continue the restitution hearing for a week if a defendant appeared. Parties are now expected to be prepared to move forward on the issue, and present testimony in support of their position. Thankfully, my client appeared with me. This lesson inspired the following summary of recent court cases in landlord-tenant law.

Tillimon v. Moore, 6th Dist. Nos. L-18-1040 and L-18-1041, 2018-Ohio-3212:

By Jonathan F. Hung Esq. Chair Real Property Green & Green

exceeded the reduced rental value of the premises. On both issues, the Eighth District reversed: (1) an award of reasonable attorney’s fees under R.C. 5321.16(C) is restricted to the fees expended to prove a tenant was entitled to the return of her security deposit; and (2) under claims of constructive eviction based on a breach of the warranty of habitability, a tenant is only entitled to a judgment of the reduced rental value of the premises.

Conner v. Conner, 4th Dist. No. 17CA16, 2018-Ohio-2698:

The plaintiff filed suit to collect unpaid rent and other damages from defendant tenants; however, the plaintiff lost possession of the premises during the suit. The trial court awarded unpaid rent for the months of September and October 2017, but refused to award actual damages for unpaid utilities, cleaning, repairs beyond normal wear, re-rental expenses, and attorney’s fees because the plaintiff was no longer the premises’ owner. The Sixth District reversed: R.C. 5321.05(C) permits recover of such damages, and the loss of ownership was insufficient to bar the recovery of actual damages.

The plaintiff tenant filed suit to collect damages for wrongful eviction. The trial court found that the defendant landlords wrongfully evicted the tenant, and awarded compensatory damages; however, it did not award reasonable attorney fees. The Fourth District reversed: R.C. 5321.15(C) mandates an award of reasonable attorney fees to a tenant who is wrongfully evicted by a landlord. A trial court retains discretion to determine what “reasonable attorney fees” means. (Local case: Gaitawe v. Mays, 2d Dist. No. 25083, 2012-Ohio-4749.)

Lloyd v. Roosevelt Properties, 8th Dist. No. 105721, 2018-Ohio-3163:

The plaintiff landlord filed suit in small claims court for unpaid rent and late fees; the defendant tenant filed counterclaims for, among other things, unlawful eviction and failure to return her security deposit. The trial court found the plaintiff was entitled to back rent, but that the defendant was entitled to an award of compensatory and

The plaintiff tenant filed suit against the defendant landlord for, among other things, the unlawful withholding of her security deposit. The trial court awarded compensatory damages and the entire amount of fees her attorneys expended on the case; the defendant landlord appealed the decision because, among other things: (1) the attorney’s fees award included fees unrelated to the unlawful withholding of the security deposit; and (2) the compensatory damages

Germadnik v. Auld, 11th Dist. No. 2017-T-0113, 2018-Ohio-2889:

continued on page 19

About the Seminar:

Real Property: Five Crash Courses in Five Common Real Property Matters Wednesday, December 12, 2018 1:00-4:15pm | 3.0 General Hrs M $105 | NM $150 | P $0 Speakers: Jonathan F. Hung and Robert D. Ballinger

continued on page 19

The approach to this session is to provide an introductory overview into each topic to help new and experienced attorneys who may be making a foray into the arcane art of real property law.

to register: daybar.org/cle 18

Dayton Bar Briefs November 2018

937.222.7902


REAL PROPERTY: Recent Changes and Cases in Landlord-Tenant Law continued from page 18 punitive damages for the plaintiff ’s malicious acts towards the defendant. The Eleventh District reversed: small claims courts may award double damages pursuant to R.C. 5321.16(C) for a failure to return a security deposit, but are barred from awarding punitive damages by R.C. 1925.02(A)(2)(a)(iii).

Dixon v. Anderson, 1st Dist. No. C-170418, 2018-Ohio-2312:

The plaintiff landlord brought an action to evict the defendant tenant, and the tenant vacated the premises prior to the restitution hearing and handed over the keys that day. The trial court issued a writ of restitution. The First District reversed: in a forcibleentry-and-detainer action, when a tenant vacates a leased property prior to the hearing on the first cause the issue of restitution becomes moot. (Local case: Richmond’s Enterprises, Inc. v. Anderson, 2d Dist. No. 26674, 2016-Ohio-609.)

City of Dayton v. King, 2d Dist. No. 27777, 2018-Ohio-1319:

The plaintiff city filed a citation for a violation of its general ordinances, a minor misdemeanor, related to the condition of the defendant’s real property; the defendant had been leasing the premises to a tenant who had agreed to maintain the exterior of the premises, which was the subject-matter of the violation at issue. The trial court convicted the defendant of the violation, despite the validity of the lease, because the defendant had a remedy against the tenant under the lease. The Second District reversed: R.C. 5321.06 permits leases including terms requiring tenants to maintain the premises, and, should the tenant fail to do so, a defendant may rely on the lease’s language as a defense against a violation for failure to maintain the premises pursuant to a municipal corporation’s ordinances. This year, the Dayton Bar Association’s Real Property Committee will be holding a session during the annual CLE roundup where we will be hitting the hot points of several areas of law, including real property tax appeals, residential real estate transactions, and title commitments. Come join us for short-and-punchy presentations focused on providing you with the information and recent case law you need to assist you in advising your clients.

www.daybar.org

DAYTON Bar Association

Trust

HERBERT M. EIKENBARY 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 $4000 are also available.

How to Apply: If you would like to take advantage of these programs, contact:

Sally Dunker DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129 sdunker@daybar.org | 937.222.7902 | www.daybar.org

November 2018 Dayton Bar Briefs

19


For the Spotlight:

Lynn M. Reynolds Esq.

Faruki Ireland Cox Rhinehart & Dusing P.L.L.

Good

2018 Co-Chair Campaign For Equal Justice

T T

he Dayton Bar Association is proud to recognize member lawyers that are a vital part of the Dayton community. As our members understand, being a part of the legal profession goes beyond courtroom advocacy and working matters. We all share a responsibility to give back to our community and help make Dayton and the surrounding area a better place to live. This month, we are proud to shine a light on the work Lynn Reynolds is doing as co-chair of this year’s Campaign for Equal Justice. Each year, the Campaign raises money and support for the Greater Dayton Volunteer Lawyers Project, Inc. (GDVLP), Legal Aid of Western Ohio, Inc. (LAWO), and Advocates for Basic Legal Equality, Inc. (ABLE) and the work they do for members of our community. The funds raised from the Campaign are used to help save families’ homes from foreclosures, protect victims of domestic violence, address disability and consumer issues, and assist with other crises when individuals in the Miami Valley cannot afford the legal representation they need. As co-chair, Lynn has a tremendous responsibility to lead the charge in making the Campaign a success. This month, we asked Lynn to share, in her own words, the work that she and the Campaign are doing this year.

How did you get involved in the Campaign?

In the past, I have been both a donor to the Campaign and a volunteer with the Greater Dayton Volunteer Lawyers Project (GDVLP). Jeff Cox had just finished his first year as CoChair of the Campaign when he invited me to work with him on the 2017 Annual Cam20

Dayton Bar Briefs November 2018

paign. I considered it an honor to be among the attorneys who have co-chaired the Annual Campaign or Access to Justice Awards. Past co-chairs are all highly respected attorneys and leaders in our community and include Bob Curry, Susan Blasik-Miller, Jeff Ireland, Tom Whelley, Kermit Lowery, and Dave Williamson amongst many other outstanding members of our community.

Why is the Campaign so important to our community?

Three organizations equally share in the proceeds from the Annual Campaign: GDVLP Advocates for Basic Legal Equality (ABLE) and Legal Aid of Western Ohio (LAWO). All three groups are dedicated to providing legal advocacy in civil matters for people of low income in our communities. There is no shortage of need in our community. While more than 6,000 individuals received legal assistance for basic needs such as housing, education, employment, health care, and personal and family safety, another 4,000 people were turned away because of a lack of resources. By providing assistance on these civil legal matters, these organizations help remove barriers to poverty and improve our communities.

Why is this a worthwhile cause for you?

I look to improve my community in ways that are meaningful to me. As a lawyer, I have a professional commitment to ensure access to justice. I can fulfill that commitment in one of two ways: providing pro bono representation to indigent clients or making a financial contribution to an organization that provides legal services to persons of limited means.

Some years, I am able to volunteer more and other years I am able to give more but each year, I do both. Time has been short lately, so right now my scale tips toward giving.

What kind of pro bono work do you typically perform with GDVLP?

Over the last few years, I have volunteered at the debt collection clinic and the juvenile court clinic. I find that clinics offer me a predictable, scheduled way to assist individuals in a very meaningful way. At each clinic, I spend time face to face with clients, helping them understand the legal process, assisting them with any forms that they need to complete and answering questions that they may have. Each time I volunteer, I feel pretty good about helping a person who was overwhelmed by the legal process feel more equipped to deal with their issues. I'm not sure who benefits more – the client or me. I also currently serve on the GDVLP Board.

What have been the greatest challenges in promoting the Campaign and serving as a co-chair?

There have been a few challenges this year. Lawyers and law firms are asked to support many worthy causes, so there is lots of competition for donations. One challenge has been helping lawyers understand the differences among ABLE, LAWO and GDVLP. Put simply, the three organizations are different with respect to their funding sources and the limits placed on them by those sources but they are very complimentary with respect to their missions and the legal needs that they continued on page 21

937.222.7902


FOR THE GOOD: Lynn M. Reynolds continued from page 20

meet. If you would like more information, please call me. ABLE and LAWO are also coming off a very successful 50th Anniversary Campaign, which was a one-time event for funding specific initiatives at ABLE and LAWO. Many law firms and attorneys were generous in their support of that 50th Anniversary Campaign and we're asking those same law firms and lawyers to continue to give to the Annual Campaign. GDLVP, ABLE & LAWO all benefit from the Annual Campaign and all three continue to rely on the Annual Campaign for their annual operating budgets.

How do you balance your day-to-day practice with the work involved in co-chairing the Campaign?

As with everything else, some days I balance co-chairing and the day to day better than others. I'm not much of a late night person, so for me it usually means early mornings to clear time during the day for phone calls or emails for the Campaign.

What are the different ways that we can become involved with the Campaign?

There are several ways to become involved in the Campaign throughout the year. The capstone of the Campaign is the Access to Justice Awards and the Celebration in honor of the Award winners. Attorneys can either nominate someone for an award or attend the Celebration. This year the Access to Justice Awards will be presented on November 1. Attorneys (and their friends and neighbors) can also attend Justice on Tap!, which is a happy hour and raffle held in October. This year, we had a great venue with The Troll Pub and it was one of the most successful Justice on Tap! yet both in terms of ticket and raffle sales. If attorneys missed either of these events, they can still donate by going to: www.Campaign4EqualJustice.org.

ow? n K u o Y d i D

ccess a n a c u Yo efs i r B r a B Dayton ne! i l n o s e v archi fs arBrie

ge/B a p / g r o . r dayba

What would you like to see over the next five years to make the Campaign an even greater success?

I would like to see an increase in the percentage of attorneys who contribute to the Campaign. Every good cause (and there are many of them) is competing for people's time and money and my hope is that more lawyers view access to justice as a worthy cause.

www.daybar.org

By Zachary S. Heck Esq. Chair DBA Editorial Board Taft Stettinius & Hollister LLP

November 2018 Dayton Bar Briefs

21


DBA CLE SPOTLIGHT

The Value of Patents By Matthew R. Jenkins Esq. Jacox Meckstroth & Jenkins

FF

or our collective sanity, this article is NOT about politics, Supreme Court nominees or their accusers! This article is about Intellectual Property and, more particularly, patents. “Intellectual Property” is an umbrella term that refers to patents, copyrights, trademarks and trade secrets. It is not uncommon for a client to ask his or her attorney about pursuing patent protection for an idea. The non-patent attorney is well advised to give that client some basic information and, of course, refer the client to your favorite (hopefully local) patent attorney. This article provides some basic information about patents that will help you counsel your clients. A patent is a document issued by an agency of a government in exchange for a written disclosure of an invention. In the United States, patents are issued by the United States Patent and Trademark Office. National patent offices also exist in most foreign countries, such as Canada, France, China, Germany, Japan, and the United Kingdom. The patent defines the metes and bounds of a patentable invention, like a deed defines the metes and bounds of a parcel of real estate. A patent gives its owner the right to exclude others from making, using, offering for sale or selling the invention claimed in the patent for a number of years. In the United States and all major European countries, the period is twenty years from the date the patent application is first filed in the government’s patent office. Nearly all countries of the world have some system of awarding a patent to inventors. Most countries, including the United States, examine each new patent application to assure that the claimed invention is novel and nonobvious. The examination is performed by a patent examiner who searches an extensive file of patents and technical articles. Patentability is measured against the “prior art” which includes, among other things, the entire body of all previously

published literature. Since patents in a portfolio are “published” documents, the portfolio can prevent others from obtaining patents for the same or similar inventions. Some of the benefits associated with creating and maintaining a patent or a portfolio of patents are as follows:

(i) Competitive Advantage

A patent portfolio can be used to keep competitors from making, using, offering for sale or selling the patented invention. A strong patent portfolio can be used to stop a competitor from entering a product market that otherwise would be available to the competitor. The following cases, as posted November 6, 2017 by GreyB in Patent Commercialization, are notable initial patent damage awards in the U.S. where huge patent damages were awarded to plaintiffs: • Idenix vs Gilead Sciences Inc. (2016) – $2.54 billion • Pfizer vs Teva Pharmaceuticals (TEVA) & Sun Pharma (2013) – $2.15 billion • Centocor Inc vs Abbott Laboratories (2009) – $1.672 billion • Alcatel-Lucent vs Microsoft (2007) – $1.5 billion • Litton vs Honeywell (1993) – $1.2 billion • Carnegie Mellon University vs Marvell Technology Group (2012) – $1.17 billion • Apple vs Samsung (2012) – $1.04 billion • Monsanto Company vs Pioneer Hi-Bred Int’l, Inc. (2012) – $1 billion • Polaroid vs Kodak (1991) – $925 million Now those are some huge damages! continued on page 23

Don't Miss this Annual DBA CLE Favorite!

26th Annual Intellectual Property for General and Corporate Practitioners Thursday, December 21, 2018 | 9:00am - 12:15pm 3.0 General Hrs, incl. 1.0 Professional Conduct Hr or 3.0 New Lawyer Training Hrs M $105 | NM $150 | PP $0 Speakers: Matthew R. Jenkins, Jacox Meckstroth & Jenkins Ted Lienesch, Thompson Hine Agenda: 9:00am Patents, Copyrights & Trademarks for the General Practitioner 11:00am Break 11:15am Ethics Issues Involving Intellectual Property 12:15pm Adjourn 22

Dayton Bar Briefs November 2018

continued on page 19

to register: daybar.org/cle

937.222.7902


DBA CLE SPOTLIGHT: THe Value of Patents continued from page 22

(ii) Licensing Value

By creating and maintaining a strong patent portfolio, the patent holder is in a strong position when negotiating and entering into cross-license agreements with other companies that also have valuable patents. For example, a cross-license agreement between company A and company B allows company A to use all or some of company B’s patents and company B is similarly entitled to use company A’s patents. Cross-licensing agreements enable company A’s engineers and developers to design products freely, without concern for royalty payments or other costs to company B. Patents generate money and can be used to generate royalties by licensing the patents for fees to third parties. For example, Texas Instruments’ portfolio collects millions of dollars a year in royalty payments.

(iii) Litigation Value

A strong patent portfolio can deter competitors from bringing a patent infringement action against a company. A competitor may be reluctant to bring suit against a company after recognizing that the defendant company could assert its own portfolio of patents against the competitor. Also, a company’s patent portfolio may provide a defense or counterclaim during a pending patent infringement suit, which may cause the suit to be quickly and favorably resolved. The litigation value of a patent portfolio is becoming increasingly important because the cost of going to trial in a patent infringement suit can be very expensive, with litigation costs oftentimes getting into the hundreds of thousands of dollars.

(iv) Employee Relations

A patent portfolio provides a vehicle to reward top-quality talent, recognize personal achievement and publicize outstanding contributions. In fact, many corporations have patent award programs whereby cash awards and plaques are given to inventors. Such awards may be given, for example, when the inventor submits a complete invention disclosure, when a patent application covering the invention is originally filed with a government patent office, or when the patent application is issued as a patent. Some corporations even hold patent award banquets to recognize substantial employee contributions to the company’s patent portfolio.

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(v) Business Value

A strong patent portfolio can have a significant value when negotiating the merger, acquisition or sale of a business, entering into a joint venture or even when a company “goes public”. A startup business may use its patent portfolio as a tool to generate investment capital. When negotiating a sale of a business, for instance, the existence of a strong patent portfolio may enable the selling company to command a higher selling price. Conversely, the lack of a strong patent portfolio may be an indication that the products of the business are not adequately protected from a patent standpoint and are susceptible to being copied and used by others, which also suggests there is no barrier to companies to enter in the same market. Of course, this will affect the price that a buyer may be willing to pay for the business. Having one or more patents which cover features developed for a specific need of a particular customer can enhance the patent owner’s position as an exclusive supplier. The patents may provide incentive for OEM customers, for example, to buy and source the patented product from the patent owner, rather than either buying the product from others or manufacturing the product themselves. There may be certain tax advantages to having a patent portfolio. For example, a parent company may be able to license its patents to its subsidiaries or affiliates for a reasonable royalty, which is negotiated in an arm’s length transaction. The royalty payment is income to the parent company and an expense to the subsidiary. This can have the effect of shifting income from a taxing locality of the subsidiary to a taxing locality of the parent company. Of course, if the parent company’s tax rates are lower than the subsidiary’s tax rates, the parent company can effectively reduce its overall tax liability. A good tax advisor can help negotiate these waters.

Conclusion

This article generally highlights some of the benefits associated with obtaining and maintaining a strong patent portfolio. The importance of each of the preceding benefits varies depending on such factors as the individual patent holder, company size, financial posture, and business objectives. These benefits are the primary reasons why both large and small companies, and even some individuals, are expanding their patent portfolios by increasing the number of patent applications filed each year. A patent holder may enjoy significant business and legal advantages which enhance its competitive position in the marketplace. For over two decades, the Dayton Bar Association has conducted a seminar entitled, “Intellectual Property for the General and Corporate Practitioner” which is designed to provide basic information regarding intellectual property. This year’s seminar is on December 21, 2018, for those that are interested.

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2018 dba

Holiday Luncheon

Friday, December 14, 2018 Sinclair Community College, Bldg 12 Doors open at 11:30am

guest speaker:

Katrina English

Vice President and Sr. Deputy General Counsel of CareSource

Katrina M. English is the Vice President and Sr. Deputy General Counsel of CareSource, a national leader in Medicaid managed care. In her current role,

she is responsible for the management of all legal services provided to the CareSource family of companies and serves as an adviser to the CareSource executive team and boards on broad range of legal issues impacting the highly regulated health insurance industry. Prior to joining CareSource, Katrina spent most of her career as in-house counsel to hospital systems in Ohio, most recently as System Vice President and Network General Counsel for the Mercy Health Corporation. Her practice has focused primarily on issues arising in a nonprofit health care system, including corporate transactions, governance, compliance, tax matters, real estate and litigation. Katrina is a member, author and presenter of the American Health Lawyers Association and an adjunct professor of health law, health policy and ethics at the Mercy College of Ohio. She also participates on boards and committees of several non-profit organizations and serves as a leader to two Girl Scout troops. Katrina earned her J.D. from the Moritz college of Law at The Ohio State University and her B.A. in Telecommunications from Kent State University.

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Dayton Bar Briefs November 2018

937.222.7902


FROM THE JUDGES DESK

A View From the Bench By Hon. Steven K. Dankof, Sr. Montgomery County Common Pleas Court

G G

reetings, Brothers and Sisters at the Bar – it’s been awhile since we last met on these pages. Today’s topic: Jury Selection. Jury selection is the least understood and invariably the most poorly prepared and performed task facing the trial lawyer. The genesis of this sorry state of affairs is really quite simple. Because prospective jurors are unknown to the lawyer at the outset of trial, we revert to what our parents drilled into us as small children – don’t talk to strangers. And so we are doomed to failure because good jury selection is little more than effectively talking with and listening to strangers. At the outset of my judicial career after 34 years of mind-numbing battles with sleepy-eyed jurists , I was determined to give lawyers a free hand to try their cases. This included unlimited voir dire. But after one particularly brutal and utterly worthless two hour voir dire in the trial of a low level felony, I decided to limit jury selection to 45 minutes per side. Why? Because that was plenty of time for a wellprepared lawyer to conduct a decent voir dire, especially since I spend a good deal of time questioning the prospective jurors about notions of the presumption of innocence, the burden of proof, the right to silence, human memory, etc., etc., etc. But other than preserving what remains of my sanity, has my practice resulted in better presentations by lawyers during jury selection.

Hardly. Why, you may ask? Because the lawyers, afraid of actually conversing with these strangers they have been taught to fear, do precious little other than deliver some canned voir dire covering the very subjects that I just covered with the prospective jurors. And there is absolutely no excuse for this. Every case, criminal or civil, has a final pre-trial conference in which the lawyers can inquire of the judge as to what she will permit and what she herself will do during jury selection. Within the parameters of what a particular judge will permit, wouldn’t it be more effective, for the lawyer to inquire about the actual case at hand? If the case involves the felonious assault of a drug dealer, shouldn’t State’s counsel inquire whether prospective jurors believe such charges should even be prosecuted or whether the drug dealer simply got what was coming to him? If a case involves the stabbing of an alleged victim but Defendant maintains he was simply defending himself from a potential beating in a bar fight, shouldn’t a defense lawyer ask prospective jurors their views on carrying a knife into such an environment? And finally, I implore you to write out, word for word, each question you intend to ask, using precisely the words you find most persuasive and compelling. You’re not good enough to conduct voir dire extemporaneously. None of us are. Until we meet again on these pages, all the best.

Volunteers Needed! Help make this annual event a success.

2019 DBA

Robert N. Farquhar

District Mock Trial Competition

Friday, January 18, 2019 | Noon - 5pm Montgomery County Courthouse Contact: Chris Albrektson calbrektson@daybar.org

2019 Trial Details: The 2019 case, State of Buckeye v. Quinn Woolf, challenges students to consider an individual’s right to privacy in our increasingly technological world. In September of 2018, Quinn Woolf was arrested on charges of aggravated assault and telecommunications fraud for stealing $120 million from the State of Buckeye’s pension fund. The state alleges that Quinn used a private, alpha-numeric code to hack into the state’s digital wallet and drain the funds. The state is basing its claim on drone footage captured from 400 feet in the air. The footage was enhanced to show Quinn Woolf sitting under a gazebo in the backyard of the Woolf residence with a notebook and a laptop. The enhancement revealed an alpha-numeric code written in Quinn’s notebook that matched the code needed to access the state’s account. The defense has filed a motion to exclude the drone footage, claiming that police violated Quinn’s Fourth Amendment protection against unlawful search and seizure. The motion hearing will focus on the need for a search warrant; specifically, if the contracted drone operator qualifies as a state actor and if Quinn had a reasonable expectation of privacy.

www.daybar.org

November 2018 Dayton Bar Briefs

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COURT NEWS

An Update from the Montomery County Court of Common Pleas, Domestic Relations Division

PROPOSED REVISIONS OF LOCAL RULES FOR THE DOMESTIC RELATIONS DIVISION OF THE MONTGOMERY COUNTY COURT OF COMMON PLEAS Comments Due By December 3, 2018 COMMENTS REQUESTED: Pursuant to Rules of Superintendence for the Courts of Ohio, Rule 5 – Adoption of Local Rules, proposed revised local rules are being published for a public comment period beginning NOVEMBER 1, 2018 until DECEMBER 3, 2018. The proposed revised Local Rules may be found at www.mcohio.org/dr and then go to the Local Rules section. The revisions to the Rules are noted by a double underline and may be found under the following sections:

SPECIAL NEEDS/COMPLIANCE WITH AMERICANS WITH DISABILITES ACT AND INTERPRETER SERVICES: RULE 4.03 CLERK ADMINISTRATIVE FEES: RULE 4.04(F) CONTINUANCES: RULE 4.20(B)

Comments on the proposed revised local rules can be submitted in writing to: Keith R. Hall, Legal Administrator Montgomery County Domestic Relations Court 301 W. Third Street, 2nd Floor P.O. Box 972 | Dayton, OH 45422 Comments must be received by DECEMBER 3, 2018

FILING OF FINAL JUDGMENTS AND DECREES: RULE 4.23(A) AND (B) REQUIRED LANGUAGE FOR FINAL DECREES AND AGREED ENTRIES: RULE 4.24 (A) RULE 4.24(B) RULE 4.24(H) DIVISION OF PENSIONS: RULE 4.25(A) AND (B) CONCILIATION: RULE 4.35

HAPPY THANKSGIVING

TRANSCRIPTS AND EXHIBITS: RULE 4.45(D) DOMESTIC VIOLENCE ACTIONS: RULE 4.46(A) RULE 4.46 (B) RULE 4.46 (E) RULE 4.46 (F) MISTAKE OF FACT AND EMANCIPATION PROCEEDINGS: RULE 4.53(E) COURT SECURITY POLICY AND PROCEDURES PLAN: RULE 4.56 Language Update: “Pro se litigants” will now be referred to as “self-represented parties.” 26

Dayton Bar Briefs November 2018

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Local Court News:

Montgomery County Court of Common Pleas, General Division Welcomes an Old Friend to a New Role

S

teven C. Hollon became the administrator of the Montgomery County Court of Common Pleas, General Division, on August 1, 2018. He brings over 25 years of court management experience to the position and is responsible for the operation of the eleven judge court of general jurisdiction, including supervising over 170 employees and a budget in excess of $13 million. Many of you who have practiced law in Montgomery County for over twenty years will remember Hollon as the administrator of the Ohio Second District Court of Appeals when the likes of Judges William Wolfe, James Brogan, Mike Fain, and Fred Young roamed the halls of the Montgomery County Courts Building. He served in that capacity from 1995 until 1999 when he was named as the administrative director of the Ohio Supreme Court. Hollon served with the Ohio Supreme Court from 1999-2014. During his time in Columbus, Hollon oversaw the court's restoration of, and move into, the Thomas J. Moyer Ohio Judicial Center, the creation of the Ohio Courts Network, and the reorganization of the court's administrative staff into a divisional structure. He was also instrumental in promoting the professionalism of court administration in Ohio courts by championing projects such as the Court Management Program and establishing the Supreme Court Professional Excellence Awards.

His fifteen year tenure in the role marks him as the longest serving administrative director in the history of the court. Following his time at the Ohio Supreme Court, Hollon served as executive director of the statutorily created Ohio Constitutional Modernization Commission from 2014 to 2017. The commission’s charge was with studying the Ohio Constitution; promoting an exchange of experiences and suggestions respecting desired changes to the document; considering problems pertaining to the amendment of the constitution; ad making recommendation to the General Assembly for amendments to the document. The commission offered multiple reports and recommendations to the General Assembly, including the repeal of fifteen obsolete sections of Article VIII dealing with state debt. With the defunding of the commission in 2017, Hollon became the president and chief executive officer of the Ohio United Way, the statewide association of 70 United Ways in Ohio, until his return to Montgomery County. Hollon began his legal career as a judicial law clerk for the Ohio Twelfth District Court of Appeals in Middletown before becoming that court's administrator in 1983. In 1990, he joined the law firm of Parrish, Fryman & Marcum in Hamilton where he engaged in the private practice of law until 1995 when he became the administrator of the Second District Court of Appeals.

Hollon has been active in numerous professional and civic organizations throughout his career, including serving as vice-chair of the board of directors for the National Center for State Courts; as president and on the board of directors for the Conference of State Court Administrators; on the board of trustees for the Ohio State Bar Foundation; on the board of directors for the Ohio Lawyers Assistance Program; as chair of the board of directors for the Ohio United Way; and as president and on the board of directors for the Miami University Alumni Association. He is a member of the American Bar Association and the Dayton Bar Association, as well as the National Association for Court Management. Hollon also has the great pleasure of serving in the Dayton legal community with his eldest son, Christopher C. Hollon, who is an attorney with the Dayton office of Faruki, Ireland, Cox, Rhinehart & Dusing PLL. He holds a B.A. from Muskingum College, a M.S. from Miami University, and a J.D. from Ohio Northern University. He lives with his wife, Cynthia, in Lebanon, with whom he has three adult children and three grandchildren. We welcome Hollon back to Dayton and hours Montgomery County and look forward to working with him in the years ahead.

Earn CLE Anytime, Anywhere. Take up to

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of self study credit.

A great variety of programs to choose from.

Earn CLE Anytime, Anywhere.

Earn Up To 12-Hours of Ohio CLE Credit Per Reporting Period at:

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Take up to

12 hours of self study credit.

A great variety of programs to choose from. Earn Up To 12-Hours of Ohio CLE Credit

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Online CLE programming allows you to take CLE courses on a wide variety of topics, any time of the day, any day of the week! For more info and course listings, please visit Daybar.ce21.com or call 937.222.7902. November 2018 Dayton Bar Briefs

27


law-related organizations Dayton Bar Association Foundation

Your generous gift will make a difference. T T

he DBA Foundation is the charitable giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBA Foundation 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:

- Greater Dayton Volunteer Lawyers Project - Advocates for Basic Legal Equality (ABLE) - Legal Aid of Western Ohio (LAWO) - Life Essentials Guardianship Program - Law & Leadership Institute - Tejas K-12 Gallery - NCCJ Police and Youth Camp - Wills For Heroes

To obtain more information about the Dayton Bar Association Foundation

Write, Call or Email: Sally Dunker, Executive Director Dayton Bar Association Foundation 600 Performance Place 109 N. Main Street Dayton, Ohio 45402 Phone: (937) 222-7902 Email: sdunker@daybar.org

University of Dayton School of Law

28

Dayton Bar Briefs November 2018

937.222.7902


Greater Dayton Volunteer Lawyers Project

Giving Thanks By Kelly Henrici Executive Director Greater Dayton Volunteer Lawyers Project

A A

s the weather turns, the leaves fall, and we head into another holiday season, we are more than ever thankful for the work done through the Greater Dayton Volunteer Lawyers Project, all because of the commitment of our amazing volunteers! On October 23rd we joined forces with Inn of Court and hosted Chief Justice Maureen O’Connor as part of the American Bar Association’s Celebrate Pro Bono Week festivities. We are grateful to Justice O’Connor for sharing with us her wisdom and passion for helping those less fortunate. We thank our volunteers for attending this event. This celebration could not happen without the generous support of the Eichelberger Foundation. Before we know it, it will be time for the annual DBA Holiday Luncheon. Please mark your calendars for Friday, December 14th for the Holiday Luncheon! This year our keynote speaker is Katrina English, general counsel at CareSource. Ms. English will share her insights about how as a community we work together to help those who are less fortunate. With the generous support of the Dayton

Legal Heritage Foundation of the Dayton Foundation, this event is free to those who volunteer through the Greater Dayton Volunteer Lawyers Project. Most of all, THANK YOU to the hundreds of volunteers who say yes each year to taking cases or working pro se clinics to serve those living in poverty so they can have equal access to justice. We know most of you volunteer because you enjoy giving back to our community but there are other benefits, too! Remember, we have primary malpractice coverage when you are volunteering through the GDVLP. And please keep in mind you get one CLE credit for every six hours volunteered, up to six CLE credits per biennium. So if you’re in need of an extra CLE or two before year’s end, please let us know! Whether it’s taking a 1:1 representation, or taking a batch of divorces supported fully by our seasoned staff, or working a juvenile pro se clinic with trained support on site to help you, please let us know – there’s still time to volunteer in 2018!

Here’s How YOU Can Help:

Please return this form to VLP: By Mail: 610 Performance Place, 109 N. Main St., Dayton OH 45402 By Fax: to (937) 461-4731 By Phone: (937) 461-3857 By E-mail: kelly@gdvlp.org

If you are interested in serving the low-income community by participating in a debt clinic or taking a batch of bankruptcies, please contact us! *Every 6 hours of pro bono service through an approved pro bono provider will give you 1 hour of CLE credit to a maximum of 6 hours of CLE credit (36 hours of pro bono). GDVLP will send your hours to the Ohio Supreme Court and notify you of the same.

Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________

www.daybar.org

November 2018 Dayton Bar Briefs

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DAYTON Bar Association

members on the move

MEMBERS ON THE MOVE: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or have other news to share, we’d like to hear from you! News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted online: https://www.daybar.org/MembersOnTheMove and are subject to editing. Also, please send a current, high-resolution, directory-style photo to accompany your announcement. These accouncements are printed as space is available. If you have questions, contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.

The Dayton Business Journal has named Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) as 2018 Business of the Year in the category of Community Supporter of the Year. The Business of the Year Awards is one of the most desired titles of the year, celebrating the region’s best in business. Honorees are picked by a combination of guest judges and the DBJ Editorial Board. The category winners are selected by a panel of outside judges, while the Regional Leader category is selected by the DBJ Editorial Board. Faruki+, from its inception, has been committed to encouraging its attorneys and staff to effectively invest time and effort in professional organizations and provide community leadership. These expectations are core elements of the firm's culture. Many of the firm's attorneys serve on nonprofit boards and contribute to national, regional and local organizations. The Dayton Business Journal will host the 2018 Business of the Year reception Thursday, November 8 at the Schuster Performing Arts Center. The overall Business of the Year winner will be named at the event. To learn more about Faruki+, visit www.ficlaw.com. Thompson Hine LLP is pleased to announce that 116 of its lawyers are recognized in The Best Lawyers in America© 2019. Seventeen Thompson Hine lawyers from the Dayton office are included in the 2019 edition (listed below). Lawyers are selected for the list based on votes received in a survey of their peers. Lawyers cast more than 7.4 million votes on the legal abilities of other lawyers in their practice areas. Dayton Thompson Hine lawyers named to Best Lawyers 2019: *Included on The Best Lawyers in America list for 10 years or longer Sharen Swartz Scott A. King Stephen J. Axtell* Robert M. Curry* Neuhardt* Thomas A. Knoth Steven J. Davis Wray Blattner* Arik A. Sherk* Francesco A. Ferrante* Mark P. Levy* Jim Butler Theodore D. Lienesch* Mark A. Conway* Christine M. Haaker David A. Neuhardt* Susan C. Cornett J. Michael Herr*

AXTELL*

CURRY*

BLATTNER*

DAVIS

BUTLER

FERRANTE*

CONWAY*

HAAKER

CORNETT

HERR

classifieds For info concerning Classified Ad and Display Ad Space in the Dayton Bar Briefs or any other DBA Publication (Discount Rates available!), contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.

FORENSIC CLINICAL PSYCHOLOGIST James Daniel Barna, Ph.D., J.D. 47-years experience 2nd opinions Expert rebuttal witness jamesdanielbarna.com All Courts (937) 236-0085

LOCAL COURT RULES Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit the Dayton Municipal Court at http:// www.daytonmunicipalcourt.org/ for notice of and an opportunity to view and comment on proposed local court rules.

MEDIATION/ARBITRATION William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295 (937) 572-3185 judgewolff@woh.rr.com

OFFICE SPACE 1204 East Dorothy Lane: Four offices available at $500/month/office. Furnished or unfurnished. Take one, two, three or four offices. Rent includes all utilities, two remodeled baths, secretarial area, reception area, conference room; about 2400 sq. ft. Email dave@SchmidtDayton. com for info and pics.

OFFICE SPACE FOR LEASE Professional office space for lease on South Dixie, south of Dorothy Lane. Great location, convenient parking, large conference room, generous lease terms, other amenities. Offices are about 120 sq ft in size, starting at $400.00 per month. Contact Greg at (937) 294-2468 x205 or greg@ranac.com.

STUNNING OFFICE SPACE AVAILABLE

KING

KNOTH

NEUHARDT*

SHERK*

30

LEVY*

Dayton Bar Briefs November 2018

LIENESCH*

NEUHARDT*

Local law firm looking to share existing office space. Class A, 4 offices with 2 conference rooms. Phone and internet included, collaboration on Administrative resources available. Fairfield Commons, second floor. Contact Holly Potter 614.737.2900

937.222.7902


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