Dayton Lawyer - Fall 2010

DAYTON Lawyer U N I V E R S I T Y O F D AY T O N S C H O O L O F L AW | FA L L 2 0 1 0

CREDIT CRISIS LONDON THE CHANGING SPOTLIGHTS RISK MIDDLE SCHOOL MEDIATORS

OF THE DEANS

OLYMPICS

INFORMATION FROM EXPERTS

In This Issue 2 Dean’s Message Pride, gratitude, delight

3 conversation pieces From global crime to local dining

4 BRIEFS Lisa Kloppenberg is stepping aside as dean after a decade in the post.

7 expert instruction From a bankruptcy law professor and an in-house real estate counsel

8 WHERE DID ALL THE MONEY GO?

BURSTING BUBBLES

In the first part of the century, money was so easy for so many to find. Since 2007, not so much.

Richard Apostolik ’77 and Dayton law professors Eric Chaffee and Harry Gerla take a look at the credit crisis, what happened and what’s happening now.

12 A CITY WITH A PAST PLANS AN OLYMPICS LOOKING TO THE FUTURE

LONDON TRANSFORMED The Olympics are the world’s largest peacetime event. Heading the legal team of the London 2012 Organising Committee is Terry Miller ’77.

16 ROUNDTABLE A profile and a plethora of class notes

20 good works Making Catholic middle school students into good little mediators

The Dayton Lawyer is published by the University of Dayton School of Law in cooperation with the office of University communications. Send comments, letters to the editor and class notes to: Dayton Lawyer, University of Dayton, 300 College Park, Dayton, OH 45469-2963.

Fax: 937-229-3063 E-mail: lawyer@udayton.edu

Class change

in Keller Hall Photo by Larry Burgess

Editor: Thomas M. Columbus columbus@udayton.edu Graphic designer: Jeff Ohl Photographer: Larry Burgess Graduate assistant: Emanuel Cavallaro Undergraduate assistants: Maggie Malach, Seetha Sankaranarayan

Cover: Terry Miller ’77 by Olympic Stadium in London.

See Page 12. Photo by Richard Boll

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dEAN’S MESSAGE

Proud, grateful, delighted The Dayton Law community is buzzing with activity. Our presence is growing nationally and internationally.

We are so proud of our alumni. This issue features Terry Miller ’77, general counsel for the London 2012 Organising Committee of the Olympic Games and Paralympic Games. In our other feature article, Rich Apostolik ’77, a member of the School’s Advisory Council, speaks about risk management, a complex and growing field which he is shaping.

Our dynamic students are following the path of our alumni, studying hard, pursuing externships and career opportunities with our alumni and friends around the globe. They are also serving locally, training middle schoolers to be “peacemakers” and serving literally “hands-on” in cleaning up a local park. Many serve side-by-side with alumni in pro bono legal work.

In this challenging time, we are grateful to be making strides: in recruiting talented students, providing innovative learning opportunities with our Lawyer as Problem Solver curriculum and strengthening our outstanding programs. Our faculty continue to write and speak around the country. And in the past year, about a third of them taught or lectured abroad.

In the coming months: • Jan. 20-21, the Gilvary Symposium on child advocacy will feature Katharine T. Bartlett, A. Kenneth Pye Professor of Law at Duke University, where she previously served as dean of the law school, and Judge Glenda Hatchett, who has served as national spokesperson for Court Appointed Special Advocates.

Where’s the crime scene?

Cybercrime A small Kentucky county has $415,000 of its money stolen.

The money ends up outside of the U.S. Apparently someone in the Ukraine stole the login credentials of the Kentucky county treasurer. How do you investigate such a crime? That’s among the scenarios in Susan Brenner’s latest book, Cybercrime: Criminal Threats from Cyberspace, published by Praeger for a general audience.

• On March 22, Kenneth Feinberg, whose work — including heading both the 9-11 and the BP victim compensation funds — has made him the nation’s leading expert on mediation and alternative dispute resolution, will speak on “Unconventional Responses to Unique Disasters.”

It’s a blessing to be part of this vibrant community. This holiday season, you and your families are in our thoughts and prayers as we strive to keep the Marianist spirit alive.

CONVERSATION PIECES From global crime to local dining

Lisa A. Kloppenberg Dean, School of Law

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CONVERSATION PIECES

Invasion of the honeysuckle Student service Two days before the beginning of the fall term, more than two dozen first-year law students (as well as the dean and the dean of students, Lisa Kloppenberg and Lori Shaw, and professor Sheila Miller) went to Glen Helen Park in nearby Yellow Springs, Ohio.

There they removed debris and cleared honeysuckle that chokes out native plants.

“Do what you love. Do what you’re good at.”

—Ohio Supreme Court Justice Eric Brown speaking to ninth- and 10th-graders in the School of Law’s Law and Leadership Summer Institute

“The first thing we do, let’s kill all the lawyers.”

—Dick the Butcher, a character in Shakespeare, who is a murderer plotting to overthrow the government thus creating anarchy so crime may flourish

Eat healthy

Sailing, sailing

The Jury Box

In the public interest

Or have some chicken tenders.

The Jury Box, in its third year of serving law students in Keller Hall, has added chicken (fried and grilled) to its menu, which also includes a soup of the day and a daily hot special (mac and cheese is a big hit).

One of the prizes in the Public Interest Law Auction during Alumni Weekend in May was to visit Michigan and sail with professor emeritus Dennis Turner. The auction, which raised more than $9,000, helped sponsor summer law internships. To look at an internship at work, see Page 20.

“Many things that people are just starting to talk about are things the University of Dayton has been doing for years.”

—Professor Eric Chaffee on discussions held at a conference, “Future Ed: New Business Models for U.S. and Global Legal Education,” cosponsored by New York Law School and Harvard Law School

“Billable hour: here today, gone tomorrow? The trend over the next five years will be away from the standard billable hour to creative alternative fee arrangements in litigation, e.g., flat fee or a flat fee plus bonus incentives for performance/recovery.”

—Ron Richman ’84, managing partner of the San Francisco Office of Bullivant Houser Bailey PC

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briefs News from Keller Hall

New prof, new director Susan Wawrose has been named director of the graduate law programs. Launched in 2007, the LL.M. and M.S.L. programs currently have 11 students enrolled. Wawrose, who joined the faculty in 1998 in the Legal Profession Program, will continue teaching courses in that area.

New to the faculty this year is Adam Todd, a member of the Legal Profession Program. His most recent teaching position was at Northern Kentucky University, where he also served as director of academic support.

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Feinberg, BP compensation czar, to speak at school March 22 Attorney Kenneth Feinberg, the best-known expert in mediation of complex cases, will speak on “Unconventional Responses to Unique Disasters” at 7 p.m., Tuesday, March 22, at the School. Feinberg served as the special master of the Federal September 11th Victim Compensation Fund of 2001.

He shared his experience in his 2005 book What Is Life Worth?

Feinberg was fund administrator for the Hokie Spirit Memorial Fund following the shootings at Virginia Tech. He also has served as special master in Agent Orange, asbestos personal injury, wrongful death claims, Dalkon shield and DES (pregnancy medication) cases.

Feinberg founded Feinberg Rosen, LLP in 1992. He has been involved in resolving thousands of disputes involving a wide range of interests and clients. Feinberg currently serves as the government-appointed administrator of the $20 billion BP Deepwater Horizon Disaster Victim Compensation Fund.

Dean Lisa Kloppenberg worked for Feinberg while she was an associate at Kaye Scholer in Washington, D.C. For more information, see http://www.udayton.edu/law/ events/events.php.

One step at a time Carter Stewart used to teach high school. Now he is the U.S. attorney for the Southern District of Ohio. Last fall, speaking to UDSL students he advised them to “make short-term [career] decisions that resonate with you and make sense to you each step along the way.”

Recalling his path from teacher to U.S. attorney, he said he “never knew what I was going to do four, five steps down the road.”

But he did know he wanted to do public service and be involved in litigation. “I liked the idea of going to court; I liked the idea of getting up in front of a jury, in front of a judge.”

After a decade as dean, Kloppenberg to return to the classroom When she came to the University of Dayton a decade ago, Lisa Kloppenberg had labels like “one of the youngest law deans in the country” and “the first female to lead an Ohio law school.” As she looks forward to her last semester as UDSL dean, she bears a label as a leader in curricular reform.

She admits that “this is a time of great momentum” but notes that the “Lawyer as Problem Solver curriculum builds on a history of innovation in the School of Law. Before national calls for legal education reform, our creative faculty stepped up and met the challenge.”

How they met the challenge has garnered attention. In 2005, the major news magazines, national newspapers including The New York Times and the Associated Press reported on the new, accelerated fivesemester degree. That same year, U.S. News & World Report ranked the School’s legal writing program in the top 20 in the country. In 2006, the new curriculum, which includes a track in appropriate dispute resolution, received an award for excellence from the International Institute for Conflict Prevention and Resolution. In 2007, the Carnegie Foundation for the Advancement of Teaching invited the School — and a handful of others, including Harvard, Stanford and Georgetown — to examine how American law schools prepare lawyers and to make recommendations for reform.

“Dean Kloppenberg has enhanced the reputation of the School of Law in an incredible way,” said University of Dayton Provost Joseph Saliba. “On the curricular front, she is truly innovative, creative and world-class. Other renowned law schools are now following our lead. Most importantly, she appreciates and lives the University’s Catholic, Marianist charism.”

Don Polden, dean of the Santa Clara University School of Law and chair of the standards review committee of the American Bar Association, said, “I think she’s perceived as a real visionary in the area of curricular reform. I can certainly attest to the fact that she’s very highly regarded by other American law school deans. She’s done some very thoughtful things in the areas of student learning outcomes and the ethical and moral development of students.”

Daniel J. Curran, president of the University of Dayton, summed up opinion of her: “She’s been very innovative.

She’s just done a wonderful job.”

In the news The Associated Press quoted Lori Shaw in an article on the Ohio death penalty. The article appeared in Time magazine and more than 160 other media outlets.

The Washington Post quoted Thaddeus Hoffmeister in an article, “Social networking among jurors is trying judges’ patience.”

Ohio Magazine ran a feature, “Class Act: University of Dayton law professor Dennis Greene’s résumé includes Harvard, Yale — and Sha-Na-Na.”

By the

numbers 1: Number of points the median LSAT (152) of this year’s entering class increased over that of last year’s; also the number of points the 75th percentile LSAT (154) of this year’s entering class increased

2: Number of points the 25th percentile LSAT (150) of this year’s entering class increased over that of last year’s

11: Number of students currently enrolled in the LL.M. and M.S.L. programs, now directed by professor Susan Wawrose

14, 15: Dates in May 2011 for Alumni Weekend

May 14 & 15

16: Number of years that Kathy Duell, administrative assistant to the dean, worked on Bachelor of Arts in English degree before graduating cum laude in May and receiving the Nora Duffy award, given to an adult learner who has overcome significant obstacles on the way to earning a degree

93.4: Percent of the class of 2008, reporting in 2009, finding employment within nine months of graduation — outpacing the national average by three percentage points 9,000: Dollars raised at Alumni Weekend’s Public Interest Law Auction on May 15 to sponsor summer living costs of nine law students working in public interest internships

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Faculty notes Susan Brenner’s latest book,

Denise Platfoot Lacey received the President’s Choice Award from

Cyberspace, offers an overview

sworn in as an executive officer of the Ohio Women’s Bar Associa-

the Ohio Women’s Bar Association in May. In addition, she was

Cybercrime: Criminal Threats from

tion and as treasurer for the Ohio Women’s Bar Foundation for

of cybercrime and an in-depth

2010-11. Lacey also gave two presentations this spring: “Outcome

discussion of the legal and

Identification, Formative Assessment and Course Design in Field

policy issues surrounding it.

Placement Clinics” at the 2010 Association of American Law Schools

Susan Brenner and Megan

Clinical Legal Education Conference in Baltimore in May; and “Can

Rehberg ’09 published the

We Predict and Prevent Professional Misconduct? Lessons from the

article “‘Kiddie Crime?’: The

Dental and Medical Professions” at the 36th American Bar Associa-

Utility of Criminal Law in

tion National Conference on Professional Responsibility in Seattle

Controlling Cyberbullying”

in First Amendment Law Review,

produced by the University of

in June.

Brenner

North Carolina School of Law.

Rehberg is grants administrator in the contracts and grants department at the University of Dayton Research Institute and an adjunct professor in the School of Education and Allied Professions.

Monique Lampke presented “Using Experiential Learning Courses to Prepare Students for Lawyering and Life: Identifying, Develop-

ing and Assessing Critical Competencies” at the 2010 International Clinical Legal Education Conference at Northumbria University School of Law in Newcastle, England, in July.

Eric Chaffee this past summer spoke on financial regulatory

Pamela Laufer-Ukeles has accepted an offer from the University of

nizing and centralizing international securities law at the Annual

Case for Spousal Torts.”

reform at the Club International in Leipzig, Germany; on harmo-

International Conference on Law in Athens, Greece; and on international securities regulation at the Annual Meeting of the Law and Society Association in Chicago.

Among Jeannette Cox’s presentations was one on the Americans

with Disabilities Act at the Law and Society Annual Meeting. Cox’s recent publications include “Disability Stigma and Intraclass Dis-

crimination,” Florida Law Review, and “Crossroads and Signposts: The ADA Amendments Act of 2008,” Indiana Law Journal.

James Durham spoke at “The Multijurisdictional Practice of the

Law: How to Protect Yourself,” a program at the National Bar Association’s annual convention in San Diego.

Ken Germain, the Distinguished Professorial Practitioner in the School of Law’s Program in Law and Technology, has joined the

Cincinnati firm Wood, Herron & Evans, LLP.

Thaddeus Hoffmeister presented his article “An Insurrection Act for

Cincinnati Law Review to publish her article “Reconstructing Fault: The Vernellia Randall gave the

keynote address, “Making the

Grade: Achieving Your Personal Best in Law School,” at the Law

and Justice Summit at St. Francis University in Joliet, Ill.

Andrea Seielstad presented

“Virtual World Engagement: Enhancing Teaching and

Learning Conflict Resolution tional Conference on Conflict

Resolution Education in Cleveland.

Lori Shaw participated on a panel on assessment issues, “Requiring Law Schools to Measure Student Learning: A Forum on ABA Ac-

creditation Standards,” at the Association of American Law Schools Annual Conference in New Orleans.

the 21st Century” at the Association

Victoria VanZandt’s article “Creat-

Conference in New Orleans.

tory Legal Research and Writing

ing Assessment Plans for Introduc-

of American Law Schools Annual

Courses” was published in the Journal

Lisa Kloppenberg co-chaired the

of the Legal Writing Institute. She also

American Bar Association’s Deans’

presented “Assessment Planning in

Workshop in Orlando, Fla. She

Legal Research and Writing Courses”

also participated in a statewide

at the Legal Writing Institute Bien-

discussion, hosted by the Supreme

Hoffmeister

Randall

Skills” at the third Interna-

nial Conference in Marco Island, Fla.

Court of Ohio’s Commission on Professionalism, on how Ohio

law schools can better promote professionalism issues and develop a deeper sense of professional identity in their students.

VanZandt

Julie Zink’s article “Shifting the

Burden: Proven Infringement and

Damages in Patent Cases Involving

Inconsistent Manufacturing Techniques” was published in the

Hastings Science & Technology Law Journal, from Hastings College of Law.

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Spelling relief

EXPERT INSTRUCTION

Bankruptcy: 10 facts 1. You don’t need to be insolvent to file for bankruptcy relief.

2. Congressional authority to enact a bankruptcy law is specifically set out in the Constitution.

3. Banks cannot file for bankruptcy relief.

4. Insurance companies cannot file for bankruptcy relief.

Millions of square feet in D.C.

5. There is a specific chapter of the Bankruptcy Code covering family farmers and fishermen.

6. Debts incurred from the operation of an aircraft while intoxicated cannot be discharged in bankruptcy.

7. While property acquired by a debtor after filing for bankruptcy relief generally is not subject to the bankruptcy, property that a debtor is entitled to acquire by an inheritance within 180 days after filing for bankruptcy does become part of the bankruptcy case.

8. Spouses may file a joint bankruptcy petition

Insider advice The recent “Great Recession” proved that the Washington, D.C., market was not as recession-proof as previously thought. Nonetheless, the strong government presence in this region has helped to soften this economic blow and we are gradually seeing our markets make modest gains.

As an in-house lawyer in the real estate industry, I see certain trends — particularly in light of recent economic events:

1.

There is reduced demand for outside counsel, given budget constraints.

and must pay only one filing fee, but that option is not available to two persons who are not married, even if they own their property jointly and have joint debts.

buyer’s market for legal services. Response time is critical, and companies are

9. For the 12 months ending on June 30, 2010,

2.

there were 1,572,597 bankruptcy cases filed in the United States. This was a 21 percent increase over the prior year ending on June 30, 2009.

Approximately 60,000 of the cases were business cases.

10. There are approximately 350 bankruptcy judges in the United States, meaning that there were 4,500 cases filed per judge in the year ending June 30, 2010.

—Jeff Morris Jeff Morris is the Samuel A. McCray Chair in Law at the University of Dayton and has been teaching bankruptcy law since 1981. A founding member of the American Bankruptcy Law Forum, Morris was at the forefront of national expertise in 2005 when the bankruptcy law underwent an overhaul and there was confusion about what several hundred pages of changes portended for the future of bankruptcy filings.

This is leading to greater competition among outside law firms and a

expecting their outside lawyers to provide stronger customer service.

The “lifestyle” benefits of being an in-house lawyer as opposed to outside

counsel are still there, but in-house lawyers are expected to do more with

less. Be prepared to wear many hats. I’m a real estate lawyer, but I am involved in

a variety of different issues touching other areas of the law on a regular basis. You never know what’s going to come across your desk.

3.

In-house lawyers need to develop good business acumen to provide better legal services for their client. Too many in-house lawyers are seen as

obstacles to business goals. If you are the guy down the hall who always says “no” to everything, you will not have the opportunity to provide the input that may be required to ensure your client meets its business objectives and complies with its

legal obligations. Also, an in-house legal position can serve as a launching pad to other non-legal positions.

4.

Pick a good client. As an in-house lawyer, you are wedded to one client —

the company — so make sure it’s financially strong and also a company for

which you will enjoy working.

—Simon Carney ’95 Simon Carney ’95 works as an in-house lawyer with Brookfield Office Properties in Washington, D.C. Brookfield owns and manages about 6.5 million square feet of office space in the Washington, D.C., region.

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Bursting bubbles In the first part of the century, money was so easy for so many to find.

Since 2007, not so much. Richard Apostolik ’77 and Dayton law professors Eric Chaffee and Harry Gerla take a look at the credit crisis, what happened and what’s happening now.

By Thomas M. Columbus illustration by josef gast

I

t all seemed so nice. People were buying houses and,

to manage risk. You need to understand financial instru-

giving out lots of loans and, as people repaid them,

about communication. You need to be able to communi-

as their equity shot up, getting wealthier. Banks were making lots of money. Investors were buying all kinds

of stuff like derivatives and raking it in, too. And the

people selling were doing quite well on commissions.

Everybody was so happy.

Then in 2007, it all fell apart.

Happiness, according to the rather glum 18th-century

writer Jonathan Swift, “is the perpetual possession of being well deceived.”

Certainly, in hindsight, the economic euphoria before

the credit crisis hit appears to have been delusional.

The past three years have had a surfeit of finger-

pointing about whose fault it was as well as ample bickering about solutions — perhaps indicating how much

blame there was to go around and confirming that the future is unclear.

While at the University of Dayton last spring for UD’s

R.I.S.E. (Redefining Investment Strategy Education)

Global Investment Forum, three-time Dayton grad Rich-

ard Apostolik described his take on the crisis. To the sub-

cate in a compelling and nontechnical way with boards and senior management.”

The risk of some investments is not complicated. Fu-

tures markets, Apostolik noted, date to the 19th century and are relatively simple. Derivatives, however, are not

and don’t date back two decades. “As derivative products

became more complex,” he said, “the risks they present-

ed, especially as they reflected an increasingly global and volatile marketplace, became more complex and not as

easily understood. Eventually it got to the point that even the most sophisticated analysts didn’t fully understand the risks of the products they were promoting. If that

was the case, how could you expect the customer to fully understand the risks of the products they were buying?”

On the one hand, risk is essential. “A bank doesn’t

make a penny,” he said, “if it doesn’t take a risk; banks are in the business of taking risks.” But on the other hand, someone has to manage that risk.

At the center of what went wrong, what was not un-

ject of risk, Apostolik brings a perspective broadened by

derstood, is, among other things, securitization. A GARP

his law degree (1977), an MBA (1974) and a bachelor of

ritization is a process where relatively illiquid cash-flow

education and experience. From Dayton, he has, besides science in marketing (1972). Early in his career, he gained experience in regulation working for the Securities and

Exchange Commission in Chicago. Next, after practicing as a litigator in Chicago, he served as the first in-house

counsel at the Chicago Mercantile Exchange. He has also

worked for financial institutions such as J.P. Morgan, and

text, co-written by Apostolik, defines the term: “Secu-

producing assets (e.g. mortgages, credit cards and loans) are pooled into a portfolio, and the purchase of these

assets in the portfolio is financed by securities issued to

investors, who then share the cash flows generated by the portfolio.”

Once the loans were bundled and the resulting instru-

Bankers Trust where he developed initiatives to provide

ments financed by investors, they were taken off the

cial service companies.

lowered. Investors gained a steady cash flow. Banks now

credit risk mitigation and management services to finanToday, he is immersed in risk management as presi-

dent and CEO of the Global Association of Risk Professionals (GARP).

“I have a combination of a business and a legal back-

ground,” he said. “I’m no quant. But you don’t have to be

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ments and the risks they present. Risk management is all

DAYTON LAWYER

FALL 2010

books of the banks, whose capital requirements were thus had more money to lend, and no credit risk relating to the bundled loans since they no longer owned them. More

borrowers could get more loans. More. More. More. And once-upon-a-time it was the 1980s that were called the decade of greed.

Kinds of crises When risk is not managed successfully, crises come in many kinds. Here are some definitions and examples of risk from GARP’s Foundations of Banking Risk:

Credit “Credit risk is the potential loss a bank would suffer if a bank borrower, also known as the counterparty, fails to meet its obligations — pay interest on the loan and repay the amount borrowed — in accordance with agreed terms.”

In 2007 around the world, sub-prime mortgage borrowers could not repay their loans; and banks had incorrectly assessed the likelihood of this happening.

Market “Market risk is the risk of losses to the bank arising from movement in market prices as a result of changes in interest rates, foreign exchange rates and equity and commodity prices.”

Interest rate “Interest rate risk is the potential loss due to movement in interest rates. This risk arises because bank assets (loans and bonds) usually have a significantly longer maturity than bank liabilities (deposits).”

In the 1980s and early 1990s, thousands of American savings and loans failed. Many had underwritten longterm mortgages, income from which did not keep pace with increasing interest rates on deposits.

Equity “Equity risk is the potential risk due to an adverse change in the price of stock.”

Banks can purchase ownership shares in other companies, thus diversifying their assets. Those who invested in technology and Internet stocks in the late 1990s suffered when the dot-com bubble burst in the early 2000s.

Foreign exchange “Foreign exchange risk is the risk that the value of the bank’s assets or liabilities changes due to currency exchange rate fluctuations.”

In 1992, Swedish companies finding it hard to get credit obtained foreign currency loans that had interest rates lower than Swedish rates. The Swedish government, however, unable to maintain the strength of its currency, eventually allowed it to float freely against other currencies. The resulting 10 percent loss in value led to many small and medium-sized companies — particularly those with low foreign sales — to fail.

Commodity “Commodity risk is the potential loss due to an adverse change in commodity prices.”

In the 1970s, two Americans (the Hunt brothers) acquired about one-third of the world’s silver. In a four month period, the price almost tripled, the Hunts made billions. But two months later, when the price collapsed, they had to sell at a loss.

Operational “Operational risk is the risk resulting from inadequate or failed internal processes, people and systems, or from external events.”

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The frenzy, though, had far more

causes than greed. Professor Eric Chaffee

— chair of the Project for Law and Business Ethics at UDSL and an expert on the development of global financial markets and

international financial regulation — can tick off many causes for the credit crisis:

n The government offered incentives

for loans to be made to people who couldn’t previously afford to own homes.

(Many people believe in the American

dream of home ownership strengthening

Apostolik ’72 heads Global Association of Risk Professionals Richard Apostolik said of his current job as president and CEO of the Global Association of Risk Professionals, “I just fell into it.”

other technological advances speeding up

income tax deduction for home mortgage

ematical models, was maybe just moving

this country already had the incentive of a interest.)

n Borrowers took out loans without

trading and applying complicated mathtoo fast.

Or, Chaffee

adequately looking at the difficulty of

noted, some people

securitize the loans and sell them, remov-

no one is to blame.

(not he) argue that

repaying, and since the banks could easily

Who knew when or

ing them from their books, their incentive

if the bubble would

to ensure the loans were able to be repaid

burst?

diminished rapidly.

n Financial institutions made loans to

Eric Chaffee

people who could not repay them.

n Lenders in a desire to make loans

But in 2007 it

did.

Part of the

became reckless, ignoring one of the basic

problem was with the instruments

tomer.”

compilations cut up and sold by the slice

principles of credit risk, “know your cus(What now seem to be obviously bad

loans seemed to make sense at the time to

both borrower and lender, perhaps because both were so optimistic, so eager to be

happy, they did little to undeceive themselves about what might happen. As the

GARP text notes, banks had traditionally not made loans where the amount of the

loan would exceed 80 percent of the value

themselves. They were very complicated

— though using the French word for slice, tranche, gave the bond being sold a classy touch. Different slices had different risk

ratings; some were rated as relatively low risk investments.

“The people who put them together

really didn’t understand them,” Apostolik said.

And apparently neither did the regula-

of the collateral. These new borrowers,

tors. “If you take a can full of trash and slice

It was a fortuitous fall, one that Apostolik — armed with both education and experience in both business and law — was prepared to take advantage of. Among the offerings of GARP, founded in 1996, is its Financial Risk Manager Program.

With the implosion of the global economy in 2007, the importance of managing risk became highly visible.

dence and self-sufficiency, offered what

said, “it’s still garbage.”

Currently 24,000 individuals in 90 countries hold FRM certification. In addition, GARP offers the certification of Energy Risk Professional. The FRM and ERM are the only globally accepted professional designations for financial risk managers and energy risk managers. The association provides education and training for people ranging from entry-level professionals to boards of directors.

market value of the properties.)

“We are developing a discipline,” Apostolik said. “Risk management within the financial services industry used to be part of something else, for example, the credit function.

“Everything we do is practice-driven. A person can apply what he learns as soon as he walks out of the room. We actually are making a difference.”

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the fabric of American life. And buyers in

DAYTON LAWYER

FALL 2010

people trying to build a future of indepenwas called sweat equity: With larger-than-

off the top layer and rate it high,” Apostolik For a while, however, to many people it

traditional loans they could buy materials

looked like anything but garbage. All one

ments to their newly purchased homes,

more people missed mortgage payments.

and with their own efforts make improvethus increasing the houses’ values as well as lowering the ratio of loan to value. It

worked — as long as property values kept increasing. Now, however, one estimate

is that one third of home loans exceed the

needed was a buyer. But then more and

That drove down the value of the bundled

loans. People stopped buying them. Banks, with cash not coming in, stopped lending.

Companies used to easily borrowing cash could not find it.

system in which

adequately, particularly in the areas of

leveraging went

securitization.

crazy. It became a

(“Business guys are smart,” Apostolik

form of gambling,”

said. “Regulators have difficulty keeping

said Dayton law

up, and in some cases pay scales don’t al-

low regulators to keep or hire experienced

people. And regulation is always reactive, not proactive.”)

n Credit rating agencies (such as Stan-

dard & Poor’s and Moody’s) did not properly value the new financial instruments.

(Apostolik is among those who have

noted that “businesses paid the organizations that gave them ratings, creating an obvious conflict of interest.”)

n The financial institutions that cre-

ated these instruments should not them-

selves have invested in them. But they did.

And the world, with the Internet and

“It was the

consequence of a

n Regulatory bodies failed to regulate

Harry Gerla

professor Harry

Gerla, an expert on corporations and

securities regulation, who before coming to

UD served as an attorney for the U.S. Securities and Exchange Commission Division of Market Regulation.

The bundling and selling of loans by

banks created beyond the banks, in Gerla’s words, a “shadow banking system.” He

compares it to a person going to a pawn

shop and getting a loan, which was then

used by the pawn broker as collateral. And it was collateral chopped up into little

pieces. In essence, Gerla said, “it was a

signed into law by President Barack Obama

Some, he said, may disagree with him.

on July 21.

“It was hard enough to pass Dodd-Frank,”

ing.”

said.

compromises.”

of cards. “Nobody checked to see if the

legislation a ‘B.’” He pointed, for example,

reform bill is a good start. It has to be as-

investment. So, when debtors couldn’t pay,

Reserve System of a Consumer Financial

financial regulation.”

pyramiding loan system. And people didn’t understand what they were buying or sell-

Gerla also used the metaphor of a house

counter-parties had the equity to back the

companies like AIG (who had been counterparties) couldn’t back up the loans. When

you find out the collateral on money loaned is worthless, you call in the loan. The cards began to collapse.

“So the government stepped in to

prevent the entire financial system from collapsing.”

Chaffee sees in the crisis similarities to

the investment markets in 1929.

Whether to call the crisis a depression,

he says he doesn’t know. “But all recessions seem to be called the Great Recession,” he said. “So I don’t know if that will stick.”

Terminology aside, he sees a similarity

being a fragmented system of regulation.

Before the 1929 crash, he said, it was done

on a state basis. Legislation in 1933 and 1934 established federal regulation. Today, he said, “there is fragmentation not among

states, but among countries and regions. I’d like more coordination. But it’s difficult.”

Some argue, he said, that regulatory

competition can be effective. Criminal law, for example, varies from state to state, making each state a laboratory whose

results can be compared with those from

other states. Chaffee, Gerla and Apostolik all are skeptical of competition being a

cure-all to the regulatory quandary. Chaffee pointed to a weakness in the criminal law analogy. “Nobody,” he says, “pushes back

on behalf of the criminal. Businesses push back. Companies are looking for the best

The act “does a lot of good things,” Gerla “On some details,” he said, “I’d give the

to the establishment within the Federal Protection Bureau, which will regulate

he said. “It scraped through with a lot of According to Chaffee, “the financial

sessed, reassessed, tinkered with — like all The law does address, Chaffee noted,

consumer financial products and services to

four of the five areas covered in a Depart-

uncover deceptive practices.

“Financial Regulatory Reform: A New

ensure compliance with federal law and to

International cooperation The Basel Accords are the result of a collaborative effort by banking regulators from major developed countries to create a global regulatory framework. The second accord (2004) broadened the risks to be considered when banks set their minimum capital requirements; this summer’s accord increased the amount of those requirements.

The accords rest on three pillars.

The first sets minimum capital requirements for market, credit and operational risks. The second establishes a supervision process. The third relates to public disclosure of a bank’s financial condition.

Different countries implement the accords in different ways.

On some areas,

ment of the Treasury white paper titled

Foundation – Rebuilding Financial Supervision and Regulation” issued in June 2009.

The fifth area: “Raise International Regulatory Standards and Improve International Cooperation.”

“The basics of risk are the same every-

where,” Apostolik said. GARP, the association he heads, operates internationally. It

offers professional certification programs, sometimes in partnership with central banks. One such partnership was with

Indonesia, a country that had defaulted three times in 20 years, but through a

series of reforms has reached a point where The World Factbook of the CIA can say of its

recent economy, “Indonesia outperformed its regional neighbors and joined China

and India as the only G20 members posting growth during the crisis.”

“We developed a countrywide risk

management program in partnership with the Central Bank of Indonesia to educate bankers. The program consists of five

progressively more sophisticated modules which, depending on your role in a bank,

the banker was mandated to complete along with passing an assessment examination,”

he said. “To date, over 70,000 bankers have gone through the program.”

Some argue, Chaffee noted, that

deal.”

however, Gerla’s grade is an “F.” For ex-

international standards and cooperation

ulatory constraints make operating in one

ing “with the problem of interlocked firms

To some extent, this has happened: “The

Companies exist to make profits. If reg-

country more expensive than in another, a corporation has an incentive to investigate that opportunity. Gerla noted that regulatory laxity may often be accompanied by

circumstances that could be detrimental to

ample, he points out that the bill did nothcreating a pyramid of risk.”

Many areas get an incomplete. “What

will happen will depend on what comes out of the agencies, on what the Fed does.”

Much of what the law does is to call for

a company’s long-term success. But many

studies and to give to agencies the authority

be tempted to focus less on the long-term

and the rules put in place, not much will

investors and corporate executives may

health of the company and more on the

to make rules. Until the studies are finished happen. “The ratings agencies got off easy,”

can be improved by “fueling convergence.”

U.S.,” he said, “had been able to convince others we’ve done it right. And we’ve

been generally stable. One could ques-

tion — do we need to be more aggressive

with international influence? We certainly

need to explore how much cooperation and

coordination is needed among international markets.”

Given the domestic bickering and blam-

he said. The bill “just called for a study.”

ing we’ve had, the international discussion

health of the overall economy, Congress

cies some power,” Gerla said, “it’s not clear

else, to be a fascinating spectator sport.

and Consumer Protection Act that was

banking.”

next quarter’s profits.

Attempting to focus on the long-term

passed the Dodd–Frank Wall Street Reform

And, although Dodd-Frank “gives agen-

what power they will have over shadow

of financial reform promises, if nothing

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n

DAYTON LAWYER

11

London transformed A city with a past plans an Olympics looking to the future.

By Thomas M. Columbus photography by richard boll

P

overty, crime, the stigma of being unwelcome

the brand and all its intellectual property interests.

people living in London’s East End for centuries.

don 2012 Organising Committee of the Olympic Games and

immigrants — all part of everyday existence for the Being bombed to bits in World War II didn’t help

make the ride through the 20th century much fun either.

The docks were there once. They moved.

This August, however, acres of cornflowers, mari-

golds, poppies and prairie flowers bloomed on former

industrial sites in the area, signs of construction were everywhere and optimism flowed.

Two years before the start of the Games of the

XXX Olympiad, it is no longer a question of imagining what the Games will bring. The Games have already changed London beyond recognition.

Regeneration of part of a major city for the world’s

largest peacetime event was one of the pledges made by

the London 2012 bid committee. Immediately after winning the bid in 2005, public funding was put in place to

support the creation of a new town on the 700-acre site.

peacetime events) is Terry Miller ’77.

The first Olympic Games of the modern era were held

in Athens in 1896. An old stadium provided a venue on

land, and the Aegean Sea was good enough for swimming.

But it wasn’t long into the 20th century that nations began building facilities to lure the games to their homelands. In 2008 in an article in The New Yorker on the spectacular architecture of the Beijing Olympics, Pulitzer Prize-winning ar-

chitecture critic Paul Goldberger traced a history of nations

showing off their new sports venues as a source of national pride. The 1992 Barcelona Olympics, however, he wrote,

“marked a new approach to Olympic architecture, one that placed as much emphasis on the relation between the city and its facilities as on the sports venues themselves.”

The London Olympics follows that path as it attempts

to make what has for centuries been the poor side of town

later, the site now boasts three major new stadia nearing

tury writer Samuel Johnson said, “It is not in the showy

completion along with the Athletes Village. The ODA is on

schedule to hand things over to the Games organizers early next year.

It will take a lot more work to fully create the Olympic

into a vibrant part of the city about which the 18th-cen-

evolutions of buildings, but in the multiplicity of human

habitations which are crowded together, that the wonderful immensity of London consists.”

And, the “multiplicity of human habitations” of

Park. And because only 35 percent of the 2012 Games will

21st-century London are even ameliorating that “crowded

task.

of parkland out of a decrepit industrial area, England will

take place in the Olympic Park venues, it is only part of the In addition to all the architects, planners, construc-

tion workers and gardeners, the successful staging of the

together” feeling. With the creation of hundreds of acres have its largest new urban park in over a century.

“I look out my window each day at the Olympic Park

Games depends on lawyers — to draw up more than 7,000

as it progresses,” Miller said, “and compare that with the

cial partners, contractors and suppliers as well as protect

started in 2005.”

contracts for agreements with venues and hotels, commer-

DAYTON LAWYER

Paralympic Games (the world’s first- and second-largest

The Olympic Delivery Authority was set up with responsibility for construction and landscaping. Five years

12

Heading that legal team as general counsel of the Lon-

FALL 2010

depressing stretch of abandoned land, which is where we

FALL 2010

DAYTON LAWYER

13

One criticism of

many Olympics (as well as of soccer’s World

Cup, the other gigantic

global sporting event) is that they leave behind

tee,” Miller said, “does

not want to build huge white elephants.”

Besides developing

as the five rings as well as the London 2012 out, “one of the world’s most powerful

brands. The legal team plays a huge role in connection with protection of the relevant

intellectual property including the design of the emblem and the names of the mascots — Wenlock and Mandeville.”

(Wenlock derived his name from the

town of Much Wenlock in Shropshire; the

eas, the London Games

is said to have received his inspiration from

are building venues de-

signed to have life after the Games leave town.

The Olympic Stadium

will hold 80,000 during the Games but is being built in a way so that

sections can be removed to reduce its capacity to

as low as 25,000. The Aquatics Centre will have extensions on either side, providing

room for temporary seating for the games, which will be removed afterwards so that

the facility can operate at a community lev-

el. The Athletes Village is being constructed so that it can be sold after the Games as af-

N

fordable, accessible, sustainable housing. early two-thirds of the London

Games venues are outside of the Olympic Park in a number of

private facilities such as ExCel and

Earls Court, in soccer stadiums in London

and elsewhere, and in historic venues such as Wimbledon for tennis, Horseguards

Parade for beach volleyball and Greenwich

founder of the modern Olympic movement attending the Much Wenlock Games. His fellow mascot’s name comes from Stoke

Mandeville in Buckinghamshire; a sport

competition there for World War II veterans with spinal injuries grew until it became the Paralympic Games.)

The camaraderie associated with the

Games themselves had analogous behavior

in the preparation for London 2012 when an entity violated a public relations embargo on details about the mascots. “Threats of

lawsuits were deftly avoided,” Miller said,

“when one of the legal team, using relationships that had been built up over time,

placed a calming phone call to lawyers for the offending organization, pointed out

that the embargo was being violated and asked their help in getting it removed.”

The offending material was quickly re-

moved — an example, Miller noted, of lawyers solving problems before they escalate.

Miller’s work also covers employment,

insurance, financing, security and environmental issues.

Legal coordination and cooperation

Park for equestrian events.

extends well beyond the laws of the United

cessitates cooperation among various public

in a number of contexts, for example to the

The geographic dispersion of events ne-

bodies, legal entities and local authorities;

this is a large part of the lawyers’ work. The Torch Relay alone, Miller said, “will require cooperation between us and every com-

munity through which the torch is borne, including local police forces and others re-

sponsible for such things as traffic control, closing the streets and providing parade

permits.” The legal team must negotiate key contracts with the government, the City of

London, the boroughs in which events will

FALL 2010

A major part of Miller’s focus is on intel-

parkland, leisure facilities and residential ar-

DAYTON LAWYER

from crowd control to counterterrorism.

emblem and mascots make up, she pointed

problem. “The commit-

14

ebration of the Games. Security issues range

too massive for their wishes to avoid that

But London has its spell. “London offers,” Miller said, “a fantastic mix of green space, culture and enterprise as well as a cosmic perspective on world events.”

get to events and enjoy a safe and secure cel-

lectual property. The Olympic symbols such

future uses. London

London is now not so idyllic perhaps.

Safety is an issue. The economic downtown has occasioned grumbling about government efficiency. “Rubbish is picked up by our local council only once every fortnight,” Miller said.

“When I arrived in 1988, the post was delivered twice a day for a quarter of the current rate, and you could absolutely count on mail being delivered the next day within most of the UK.”

that athletes, officials and spectators can

facilities that are either useless or of a scale

Terry Miller came to London in the early 1980s with her husband to visit his relatives. “I remember,” she said, “staying in a hotel in the city and asking the concierge whether it was safe to walk back at night from a nearby restaurant. He pondered for a moment and said he would strongly advise using the crosswalk.”

be held and Transport for London to ensure

Kingdom. European Union law is applicable way in which tickets to the Games will be sold in EU countries. “Swiss law governs

the host city contract,” Miller said, “which

provides that disputes are settled by referral to arbitration, in most cases the Court of

Arbitration for Sport, which is located in Lausanne. We also had some interesting discussions with the Beijing Organising

Committee around the arrangements for

our two handover ceremonies which took place during the Closing Ceremony of the

Olympic Games and of the Paralympic

With a group of Dayton and DePaul law

And she has a family; her husband

Games in Beijing. We put in place an agree-

students in Dublin, Ireland, in June, Miller

and she have two children, now grown. So

time we were allowed access to the Birds

for such a variety of work. She worked for

balancing career and family. “You can have

ment covering things like the amount of Nest Stadium for rehearsal and about

responsibilities under local law for working with children, who were in our handover ceremonies. There are strict child labor

laws in the UK which we needed to observe, although nothing similar in China at the

M time.”

discussed the career path that prepared her

the Securities and Exchange Commission in Washington, D.C, for more than six years, then in private practice in the same city

with Kirkpatrick & Lockhart. She spent the

majority of her career as an in-house lawyer

for Goldman Sachs in London and New York.

She pointed out to the future lawyers

anaging risk is an important

that government gives lawyers great respon-

Games. “The risks associated

But, she said, “as a partner in private

part of the preparation for the with the Games are legion,”

Miller said. “The organizing committee is required to obtain insurance covering all conceivable risks.”

Among these is the risk of cancellation.

“Only the International Olympic Committee

sibilities at an early level.

practice, you are the business. You develop the revenue sources and targets and are

Contingency plans are required for all

possible scenarios. “If a stadium collapsed,”

Miller said, “where would we hold the opening ceremony? If wind wasn’t sufficient for

sailing on the scheduled days for the sailing competition, how would we reschedule,

would we refund tickets? If timing devices

broke down, what would we do? You cannot do it with a stopwatch, as they did in the

1908 and 1948 Olympics in London. … I have become very familiar with the terms and conditions of our various insurance policies.”

To cover the myriad of legal matters as-

sociated with organizing the Games, Miller

has a core team of approximately 25 lawyers.

children were young. Both sides, she said, have to make adjustments.

“You must also,” she told the students,

“be open to things which appear without

having been planned and be ready to take some risks by accepting jobs which pose

new challenges.” The move to London was not something in a mapped-out life but

advanced her career in directions that would

dressage, show jumping and cross country.

In 1988, her husband had a great op-

Lockhart there. At the time, England was

war, flooding, disease, etc.”

stages of her career, particularly when the

undergoing major changes in financial

sure to generate billable hours.

the Games,” Miller said. “Reasons would

ances as to safety and security, outbreak of

same time.” She worked part time at various

for a while, she represented Kirkpatrick &

business.” Balanced against that is the pres-

portunity in his homeland, England. So,

include failure to provide appropriate assur-

it all,” she told them, “but not all at the

M

responsible for ensuring the success of the

— not the city nor the organizing committee — is entitled to cancel, defer or reschedule

she also spoke to the law students about

regulation, making her SEC experience valu-

otherwise never have been possible.

iller also shared another secret of an extended career: have an interest outside work. Besides

her family, a passionate interest

of Miller’s is the Olympic equestrian sport of eventing, which involves the disciplines of

Dressage requires the horse to be obedi-

able. She was hired at Goldman Sachs in

ent yet powerful in completing a set of

she started, she was the company’s second

control. Cross country calls for bravery over

1989 and remained there for 17 years. When lawyer in London and third outside of the

U.S. When she left in 2006, she was a part-

ner and deputy general counsel of Goldman

Sachs, overseeing a legal team of 180 people in Europe and Asia as international general

S

counsel.

he told the students she found the

life of an in-house counsel enjoyable and rewarding, because of being

close to the business, part of the over-

movements. Jumping tests precision and

a course of fixed obstacles, such as water,

ditches, log piles. Combined, “it measures complete horsemanship,” Miller said.

Also, “unlike some sports,” she said, “if

you are doing it correctly there is no pain

and suffering in fulfilling your objective to do well. And the partnership with another creature, where you give each other help and encouragement, is fantastic.”

She said she enjoys just being out on the

all team with non-lawyers, and having the

countryside, but “competition and testing

a range of issues.

provide the buzz.”

variety and excitement of dealing daily with “To function most effectively as an

myself against a measurable standard really Besides participating in eventing, Miller

Almost half of these, she said, “are on

in-house lawyer,” she said, “you need to be

is an avid sports spectator, enjoying watch-

Freshfields, which as the official provider

not an obstacle or a proforma check, and

said).

secondment (temporary assignment) from of legal services to the London 2012 Games

allocates legal services to LOCOG in return for its sponsorship rights.”

The relationship with Freshfields is

something new for an organizing committee, and Miller is a big fan of this arrangement. “Not only am I able to call upon

Freshfields for excellent secondees, who

have become integral to my in-house team,

perceived as part of the management team, must be perceived as the ‘wise counselor’ —

team was, Miller (who, of course, no longer

solutions which encompass both legal and

Arsenal, of course — a legacy of living in

the law and instead searching for creative

business imperatives. Too often, in-house

lawyers can be seen as a cost center, and it

is important to counter this assumption in order to thrive in the role.”

Miller was appointed general counsel for

the London Games in July 2006 and assumed

jor contract negotiation or deal with brand

don, loves law, loves sports — so she loves

infringement matters.”

When asked what her favorite soccer

going beyond just explaining the letter of

but they are also there to provide additional firepower where necessary to support a ma-

ing virtually all sports (except snooker, she

those duties in October 2006. She loves Lon-

calls it soccer but football), replied, “The

Hampstead and having a daughter who is such a fan of Arsenal that she named our female cat Thierry Henry.”

Being an American-born fan of an

English team with a French goal-scorer

— perhaps such internationalism is also a qualification for planning the Olympics.

n

her job.

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DAYTON LAWYER

15

roundtable IN MEMORIAM DIANE GENTILE ’86, a founding partner in the Dayton law firm Cooper, Gentile & Washington and an adjunct professor at Dayton Law from 2004 to 2006, died June 12.

LEE HOHL ’84 died May 29, 2010,

at the age of 51. Lee practiced law in Kettering, Ohio, for the past 25 years.

ASHLEY RABAA ’04 died April 12, 2010, after a months-long battle with catastrophic antiphospholipid antibody syndrome. Ashley, who was 37, had been working at LexisNexis for the past few years. Her brother Shareef Rabaa graduated from Dayton Law in 2003.

LOGAN STARLINE, the husband of Melissa Angst ’09 and the brother of Tyler Starline ’04, died unexpectedly on Feb. 25, 2010. He was 27.

Logan was employed at Rebuilding Together Dayton.

1977 RICHARD APOSTOLIK, president and CEO of the Global Association of Risk Professionals, is co-author of a new book, Foundations of Banking Risk: An Overview of Banking, Banking Risks and Risk-Based Banking Regulations.

1978 DANIEL BRABENDER was sworn in on Jan. 4 as a judge on the Erie County, Pa., Common Pleas Court.

Brabender, who was elected to a 10year term in November 2009, serves on the Erie County Family Court.

MARK FEUER was elected president

of the executive board of the Miami Valley Council of the Boy Scouts of America. He is a partner in Dinsmore & Shohl’s Dayton office.

WAYNE M. OZZI was nominated to the New York Court of Claims. He is

16

DAYTON LAWYER

FALL 2010

currently the principal law clerk to New York Justice Robert J. Gigante, a position he has held since 2000.

1979 THOMAS W. ANDERSON is serving as interim deputy director of institutional advancement at the Cleveland Museum of Art. He is also an attorney at Marts & Lundy and teaches ethics in a doctoral program at Case Western Reserve’s Weatherhead School of Management.

MICHAEL BIONDOLILLO has been

named senior vice president of human resources for Henkel. He now leads the company’s human resources organization, including benefits, compensation, organizational development, recruiting, employee relations, learning and development, talent management, and diversity. Michael also is a member of Henkel’s North American Executive Council. Previously, Michael was a vice president of human resources at QVC in West Chester, Pa. He has worked in human resources for more than 20 years, including executive-level positions with Wyeth Pharmaceuticals, Penn Mutual Life Insurance Co., Metter Group and the General Electric Co. He’s received numerous honors, including the HR Person of the Year award in 2004 for the Philadelphia/ Delaware Valley area. Michael lives in Newton Square, Pa.

MICHAEL HALL will join the Ohio 2nd District Court of Appeals next year after winning the Republican Primary in May. Since no Democrats have filed to run for the seat, Michael is running unopposed this November.

LINTON LEWIS JR. retired on July 5,

2009, after more than 27 years on the bench in the County of Common Pleas Courts of Perry County, Ohio. He writes, “My wife and I purchased the Schultz Mansion in Zanesville, Ohio. We’ll live there and continue to run the casual dining and special event business located there. I intend to continue

to serve as an assigned judge with the Supreme Court of Ohio.”

MICHAEL SAGE, a judge on the

Butler County, Ohio, Common Pleas Court, has been selected as president of the Ohio Common Pleas Judges Association.

1980 MATTHEW T. FITZSIMMONS, a partner and head of commercial and business litigation at the Cleveland law firm of Nicola, Gudbranson & Cooper, has been elected chairman of the board of trustees of NorthEast Ohio Neighborhood Health Services, Inc. Matt is also an adjunct professor at Cleveland State University College of Law, where he co-teaches mediation with U.S. District Court Judge Dan Polster of the Northern District of Ohio.

JEFF IRELAND was awarded the

University of Dayton School of Law Alumni Association’s Distinguished Alumni Award on May 14.

The award is given to one outstanding UD School of Law graduate who reflects its values of professional integrity and community service through achievements of exceptional merit, honor and influence. A founding partner of Faruki Ireland & Cox, Jeff has been trying business cases for nearly 30 years, and he’s represented clients in federal and state courts throughout the United States. Jeff has been recognized by Ohio Super Lawyer each year since its inception, has been recognized annually as one of the Best of the Bar based on a survey conducted by the Dayton Business Journal and is listed in Chambers USA: America’s Leading Lawyers for Business.

In addition, Jeff is an officer of the Dayton Bar Association and a member of the Board of Governors of the Antitrust Section of the Ohio State Bar Association. He was selected as a fellow of the International Society of Barristers, an organization of trial attorneys. Jeff and his wife, Ellen, live in Dayton.

MICHAEL KIRKMAN, executive director of Ohio Legal Rights

Services, has been reappointed the chair of the Ohio State Bar Association’s Disability Law Committee for 2009-10. Michael, co-author of Ohio Mental Health Law, is a charter member of the Bar Association’s Disability Law Committee. He is also a fellow of the Ohio State Bar Foundation, has worked on the Legal Committee of the National Disability Rights Network and participated in the Governor’s Task Force on MR/DD Victims of Crime Advisory Committee. He lives with his wife, Dr. Jean Atwood, in Bexley, Ohio.

1981 DIANE KAPPELER DEPASCALE is an

OSBA board certified specialist in family relations law and has offices in Dayton and Columbus. She is also chairman of the Family Law Committee for the Columbus Bar Association.

J. MICHAEL LOOMIS, an attorney in Fort Wayne, Ind., is leading a group trying to assume control of that city’s Continental Indoor Football League franchise, which plans to change its name to the Firehawks.

MARK STANLEY was named managing partner of Hartman Underhill & Brubaker LLP of Lancaster, Pa., effective Jan. 1, 2010. Mark, who specializes in zoning and land use law, joined the 24-attorney firm in 1981, became partner in 1989 and was named to its management committee in 2003.

1982 CAROL HOLM was honored by the Democratic Party for her “outstanding and tireless service” in organizing and coordinating Protect the Vote in southern Ohio in 2008.

1983 CHUCK BALDWIN has been selected

by Who’s Who Legal as being among

the world’s leading management labor and employment lawyers.

Chuck is managing shareholder of the Indianapolis office of Ogletree, Deakins, Nash, Smoak & Stewart. In his 26 years of experience, Chuck has represented employers in lawsuits and administrative proceedings involving Equal Employment Opportunity claims, Employee Retirement Income Security Act claims, wrongful discharge, labor arbitrations, National Labor Relations Board proceedings, wage and hour disputes, union avoidance, employment contracts, non-competition/trade secret disputes, commercial disputes, and class-action litigation. As a trial lawyer, Chuck has served as lead counsel in defending employers at trial and on appeal in class actions, multi-plaintiff and individual lawsuits. Employers often select Chuck to consult with and train employees on employment practices and policies, union and litigation avoidance, investigation of harassments claims, and protection of trade secrets.

Chuck lives in Carmel, Ind.

TOM HURNEY and JULIA HURNEY ’85 are still living in Charleston, W. Va., and Tom remains with Jackson Kelly PLLC, now running its litigation department. Grace is a sophomore at Concord University on the way to law school; Ellie will soon pick a college and UD is in the running; and Jack is running middle school track.

Beginning with Charles “Ken” Surber ’78 and Dave Barnette ’79, Jackson Kelly continues to hire University of Dayton School of Law graduates, including two from the Class of 2009, Ryan Voelker and Roddy Stieger, and Kellie Clark ’10 and Felicia Phipps ’10 this fall.

MICHAEL J. KRAMER, a member

of Indiana’s Noble Superior Court, Division 2, is marking his 20th year as a judge. Last year, he became a fellow of and resource judge for the Advanced Science and Technology Adjudication Resource Center. He was named 2010 Advocate of the Year by the Community Anti-Drug Coalitions of America and the 2009 Indiana Recovery Advocate of the Year.

Michael and his wife, Barbara, live in Ligonier, Ind. Their son, Michael, Jr., graduated from the University of Chicago. Their daughter Jennifer will graduate from the School of the Art Institute of Chicago, while their daughter Laura is a student at Manchester College. In addition, Michael completed his first marathon in October.

TERRY A. MORELAND has been

promoted to vice president of operations at FS Energy, LLC, the energy management subsidiary of Cooper

Square Realty of New York. He was previously director of operations at the firm.

MAUREEN PERO of Dayton was ap-

pointed by Gov. Ted Strickland to the Ohio Third Frontier Commission, which coordinates and administers science and technology programs in Ohio. Pero has served as the vice president of strategic management and legal affairs for CareSource Management Group since 2006.

1984 CHRIS ATKINS, a defense attorney from Middletown, Ohio, was featured in an article on his chessplaying skills, “‘Chessaholic’ plays 11 at a time,” in the Hamilton, Ohio, Journal-News.

ROBERT BAUMAN in January earned his 500th victory as soccer coach at Jesuit High School in Tampa, Fla. He also practices law at the Morris Law Firm in Tampa.

1985 BERNARD COATES was elected last

November judge of the Court of Common Pleas of Dauphin County, Pa. He took the bench on Jan. 4, 2010.

1986 KATHRYN M. BUONO was selected for inclusion in The Best Lawyers in America 2010 for the practice area of corporate law/leveraged buyouts and private equity law/mergers and acquisitions law. She practices at Quarles & Brady LLP. Mike Greenwell, having won an

August primary, is running unopposed in November for the seat of associate circuit judge in Shelby Co., Mo. A small rural community in northeast Missouri, Shelby County has approximately 6,500 people.

Mike went door to door campaigning in the county where he says everyone knows everyone and is a great place to raise a family. He is married and has three children. He fondly recalls he chose UD law because Fred Davis, the dean at the time, had taught torts at the University of Missouri, and was highly recommended — in addition to the school being Catholic, which his mother thought would be good for his education.

TED GUDORF recently became the first lawyer in Ohio to receive a master of laws degree in estate planning and elder law, which he received

Buildings up, lights on, snow gone Mary Lynn Readey ’87 works in construction, snow removal and just making sure the lights don’t go out.

Last fall, she became The Ohio State University’s associate vice president for Facilities Operations and Development. She helps to oversee a $1 billion medical center expansion, the spreading of salt (more than 1,000 tons last winter) and doing things that people don’t see, like making sure the lighting and heating work. Her division includes planning and project managing, buying power and operating the utility system, ensuring environmental safety, and maintaining the facilities and grounds of a 200-building campus.

During her first eight years out of law school, however, she had no connection to facilities management; she worked in civil litigation in Dayton. When she moved to Columbus, she was in civil law with the Attorney General’s Office. The path to her present job perhaps started when she added education law to her experience, helping represent the state in DeRolph, the complicated school-financing case. And then Ohio established what Readey calls “a wonderful group,” the Ohio School Facilities Commission, which administers the state’s kindergarten through 12th-grade construction program.

After serving as the group’s executive director, she moved to Ohio State, becoming deputy general counsel.

Of her current job, she says, “I like the directness of this work. People make a decision and you see something — a building going up or a ruptured gas pipe being fixed.”

She also enjoys the large amount of interaction she has — with people across campus whose needs her division must anticipate and with the 800 people in her own unit. That group, she says, “is very diverse, in every way you can think of diversity.”

The job, she says, does have a downside — “being removed from the profession a bit. I think of myself as a lawyer.

I’ve always loved being a lawyer.”

The problem-solving nature of being a lawyer prepared her well for facilities work. “In facilities there are a lot of problems to solve,” she said. “As a lawyer, you bring analytical talent. As a lawyer, you appreciate that everything has two sides; so you look at the problem from different angles.”

—Thomas M. Columbus

from Western New England College School of Law. Ted is the owner of Gudorf Law Group in Dayton. The firm’s practice handles estate planning, elder law and estate administration.

Ted writes, “Our law firm’s revenue has grown 30 percent per year for each of the past five years. Our growing team presently consists of three attorneys and three paralegals. We

expect to continue our rapid growth for many years to come. Our success stems from our unique focus and our commitment to work hard and to design and build estate plans that work for clients.” Ted lives in Dayton.

DAVID WHITE is an attorney with the U.S. Army’s communication and electronics command Aberdeen

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DAYTON LAWYER

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Proving Ground legal office. He writes, “I published an article in the American Bar Association Public Contract Section’s summer 2009 Public Contract Law Journal on small business innovative research contracts titled ‘Somewhat Different, Yet Surprisingly Familiar: Small Business Innovative Research Program and Small Business Technology Transfer Program Contract Award Protests.’”

David lives in Cochranville, Pa.

1988 JAMES CASEY, director of contracts

and industrial agreements at the University of Texas at San Antonio, is the recipient of the Distinguished Service Award from the National Council of University Research Administrators. A worldwide organization with 7,000 members, NCURA may award up to five such awards in a given year to members who make sustained and distinctive contributions to the organization and profession.

1990 regulatory and compliance and specialty lines claims practices with Schuyler, Roche & Crisham, PC in Chicago. Carrie’s regulatory practice includes advising clients on regulatory and compliance issues in the United States and foreign jurisdictions, while her specialty lines claims practice includes providing consulting services to the insurance industry.

1992 VALORIA HOOVER, a partner at

Kohrman Jackson & Krantz PLL, is president of the Ohio Women’s Bar Association.

1993 DOUGLAS OTTINGER was elected

general district court judge in January 2010 by the Virginia General Assembly for a term of six years for the third judicial district. He lives in Portsmouth, Va.

1994

2001

1995

JASON S. MILLER joined Lowndes,

JANDÁ M. CARTER has been

CHRISTINE ENGILES MUMMA and her husband, Neil, announce the birth of Corinne Emily (9-1-09), who joins sister Madeline at home in Bethlehem, Pa. KELLY C. WOLFORD has been nominated to serve as an interim judge of the Monroe County, N.Y., Court. If the Senate confirms her nomination, she will serve until Dec. 31, 2010. Kelly is the chief of the Appeals Bureau at the Monroe County District Attorney’s Office, a position she assumed in January 2009. Previously, she served in various capacities at the Monroe County District Attorney’s Office and as an assistant prosecutor in the Civil and Appeals Bureaus of the Stark County, Ohio, Prosecutor’s Office.

1996 chief prosecutor in the City of Dayton Law Department Criminal Division.

She has been in the law department for 13 years and has been acting chief prosecutor since February of 2009.

DREW WARD and his wife, Jenn, an-

nounce the birth of Annie Maya (1-809), who joins brothers Sam and Eli at home in New Hartford, N.Y. Drew writes, “At my practice, the Ward Law Firm, we recently added an associate attorney and a new assistant.

As the office is only four blocks from home, I get to have a lot of lunches with my little girl.”

1997 MARIA BALDINI-POTERMIN was

awarded the Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law by the American Immigration Lawyers Association on July 3. She practices in Chicago.

CINAMON S. HOUSTON of the Hous-

ton Law Office in Beavercreek, Ohio, and Vaseem S. Hadi ’02 cowrote Anderson’s Ohio Personal Injury Litigation Manual, which was published in November 2009.

LEE SPANGLER was promoted to

ARMY RESERVE MAJ. ALBERT F. YONKOVITZ JR. returned home after being

deployed at a forward operating base overseas in support of Operation Iraqi Freedom. He has served in the military for 15 years and is a military police officer, normally assigned to

DAYTON LAWYER

1998

STEPHANIE COOK was appointed

CARRIE E. COPE has merged her

18

the 11th Military Police Brigade in Ashley, Pa.

FALL 2010

vice president of medical economics at the Texas Medical Association.

Spangler previously worked in the association’s Office of the General Counsel and as a staff attorney with the Texas Department of Insurance and the Texas State Board of Medical Examiners.

Drosdick, Doster, Kantor & Reed in Orlando, Fla. A registered patent attorney, Jason will work in the firm’s Intellectual Property Business Group.

MICHAEL NAVARRE was elected special counsel at Steptoe & Johnson LLP. Michael is a member of the litigation department in Steptoe’s Washington, D.C., office, where he focuses on government contracts and criminal defense matters. He also was appointed to the board of advisers of the National Institute of Military Justice. The nonprofit National Institute of Military Justice seeks to encourage the fair administration of justice within the military justice system, as well as public understanding of the system. Michael, a former lieutenant in the U.S. Navy Judge Advocate General’s Corp, also maintains a well-regarded military justice blog, www.caaflog.com.

1999 CHRISTOPHER EPLEY was recog-

nized for his service and contribution to the Montgomery County, Ohio, Common Pleas Court Juvenile Division on Law Day, May 1, 2009.

He is a partner at Tolliver & Epley, a general practice law firm in Dayton, where he lives.

MATTHEW P. HARPER has joined

Thompson & Knight’s Intellectual Property Practice Group in the firm’s Dallas office. He previously served as senior IPR litigation counsel and IPR legal counsel at Nokia Inc.

2000 PETER A. DRAUGELIS, a member

of Dinsmore & Shohl’s Cincinnati office, has been elected to serve as president of the Oakley, Ohio, Community Council. He will serve a one-year term.

CHRISTIAN VALENTINO, an attorney with Woods Oviatt Gilman, was named a “2009 Up & Coming Attorney” by the Daily Record Newspaper in Rochester, N.Y. Recipients of the award have been practicing law for less than 10 years and show exceptional success in their legal practice and outstanding dedication to community service.

RYAN O. WHITE was named partner

at Taft Stettinius & Hollister. A registered patent attorney, he is located in Taft’s Indianapolis office.

promoted to corporate counsel at Caterpillar Inc., in Peoria, Ill., in the intellectual property department of the legal services division. This is Jandá’s second promotion in three years with the corporation. She previously worked at Frost Brown Todd in Cincinnati.

DAVID DORTON was named a partner at Wood, Herron & Evans, which has offices in Cincinnati and Louisville, Ky. David, who joined the firm in 2000, is involved in all phases of the firm’s IP practice, with a concentration in mechanical technologies.

JOSHUA M. MUENNICH was pro-

moted to the supervising attorney of the Fraud and Economic Crimes Unit of the Montgomery County, Ohio, Prosecutor’s Office. Joshua, who has served in the prosecutor’s office since 2002, has worked in support enforcement, child protection, juvenile, grand jury and criminal docket sections.

MATTHEW L. SCHRADER was elected partner at Reminger Co. LPA. Matthew practices in the firm’s Columbus, Ohio, office. In addition to his practice, Matthew serves as coach and adviser to Capital University School of Law’s mock trial team.

BRIAN C. THOMAS was named a

partner at Graydon Head & Ritchey of Cincinnati. Brian is also the president of the Black Lawyers Association of Cincinnati, a member of the board of trustees for the Cincinnati Bar Association and a member of the board of trustees for People Working Cooperatively.

GEORGE W. TOLLIVER II was hired as general counsel of Sojourners Title Agency LLC of Cincinnati. George also teaches real estate law as an adjunct instructor at Sinclair Community College in Dayton.

2002 MATTHEW D. AUSTIN has joined

Barnes & Thornburg LLP in its Columbus, Ohio, office, where he serves as an of counsel member of the firm’s labor and employment law department. Matthew was selected as an “Ohio Rising Star” in the 2010 edition of Ohio Super Lawyers.

VASEEM S. HADI and Cinamon S. Houston ’97 cowrote Anderson’s Ohio Personal Injury Litigation Manual, which was published in November 2009.

SHANDA L. SPURLOCK has been appointed to the Ohio Supreme Court’s Commission on Professionalism for a three-year term. Shanda is an associate in Greenebaum Doll &

McDonald’s Cincinnati office, where she works in the firm’s litigation and dispute resolution practice group.

She was also selected for inclusion in the 2010 Ohio Super Lawyers Rising Stars list in the field of business litigation.

2003 STACY CHUBAK HINNERS joined

Thorman & Hardin-Levine as an associate attorney. Stacy, who has spent her career representing individuals in labor, employment and civil rights litigation, resides in Huron, Ohio, with her family.

STEPHANIE KIMBRO received the

American Bar Association’s James Keane Memorial Award for Excellence in e-Lawyering at the 2009 ABA Techshow in Chicago. She writes, “My web-based virtual law practice has also been featured this year in the ABA Journal, Law Practice Magazine and GP/Solo Magazine. The company I co-founded, Virtual Law Office Technology (VLOTech), won a 2009 Coastal Entrepreneurs Award and has been featured in multiple publications for the legal profession.

In addition to operating my virtual law practice, I am on faculty at Solo Practice University teaching a course on virtual law practice.” Stephanie lives in Wilmington, N.C.

2004 BRANDON E. BOWLIN was named a

Wisconsin Rising Star, the “Bankruptcy & Creditor/Debtor Rights” category, by Super Lawyers magazine.

Brandon is an associate attorney with the collection law firm Rausch, Sturm, Israel, Enerson & Hornik.

AARON FREEMAN was appointed to

the Indianapolis-Marion County, Ind., city council. President of Franklin Township GOP Club, Aaron spent five years as a Marion County deputy prosecutor before joining the Indianapolis firm of Ladd, Thomas, Sallee, Adams and Freeman.

CHALEY PEELLE GRIFFITH is co-

chairing the annual Heroes of the American Red Cross fundraising campaign in Clinton County and Highland County, Ohio. Chaley is an attorney with Peelle Law Offices LPA, which has offices in Wilmington and Hillsboro, Ohio.

ANGELA HUGHES is corporate counsel for Franklin Electric. She just finished her MBA at Indiana University and lives in Fort Wayne, Ind. CHERYL LYNN KEGGAN recently

changed positions in the Air Force Security Assistance Center at WrightPatterson Air Force Base in Dayton.

After serving for almost two years

as a case manager dealing with developing system sales and missile sales case documents for multiple countries, Cheryl has been selected as a program support manager for Greece.

TAMI KIRBY was promoted to senior

associate at Porter Wright Morris & Arthur. Practicing in Porter Wright’s Dayton office, Tami specializes in creditor’s rights, real estate and commercial and business transactions. She has been named one of Ohio’s “Rising Stars” by the publishers of Law & Politics and Super Lawyers.

JESSE R. LIPCIUS joined Ulmer &

Berne. A former attorney with Cors & Bassett, Jesse is well-versed in complex business and construction litigation matters.

TYLER STARLINE was appointed to

fill a vacancy on the Huber Heights, Ohio, city council. Tyler is an attorney with Finlay, Johnson & Beard of Xenia, Ohio.

2005 HANNAH AREL married ROB BARNHORN April 25, 2009, at Our Lady of

the Immaculate Conception in Dayton. Alumni attending included Anu Sharma, Barbara Garrison Doseck, Jeffery Nodzack, Eric Norby, Dave Kohut, Chad Kahene, Chris Owens and Shaun Roberts. They write, “According to Rob, we met on the first day of class in August 2002. Hannah asserts we didn’t meet until we both decided to attend the England study abroad trip with professor Allen Sultan.

Regardless of who is correct (Hannah is), we honeymooned in Costa Rica and now reside in Kettering, Ohio.”

2006 JOHN K. CHRISTIE has joined the law

firm of Christie, Christie and Wells in McConnelsville, Ohio.

MARK HILLIARD joined Hawkins,

Parnell & Thackston’s toxic tort & environmental litigation group in Los Angeles.

SEAN M. YOUNG recently joined the

law firm Bellock & Coogan in Oak Brook, Ill., as an associate attorney.

He specializes in federal and state taxation, estate planning, estate administration and real estate law.

2008 MICHAEL ESHLEMAN, an associate

at the Angstman Law Office, has been appointed to the standby draft board for Warren and Clinton counties by Ohio Gov. Ted Strickland. He lives in Turtlecreek Township, Ohio.

KATE HUDSON was elected president

of the Georgia Association of Women Lawyers Augusta Chapter and was selected to the Georgia Bar Association’s 2010 Leadership Academy.

Kate works for the Augusta Regional Office of the Georgia Legal Services Program.

2009 SCOTT GANOW has joined the UD

Research Institute’s contracts and grants office as the senior contracts and grants administrator. Scott will manage proposal development and contract administration activities and serve as the lead contract negotiator for UDRI.

ANGELA CECCARELLI joined

Thompson Hine in its Dayton office, working in the firm’s real estate practice group.

JULIE REITER PELLERITE joined the Chicago firm Maria BaldiniPotermin & Associates PC, where she focuses on family-based immigration law and removal defense.

NATHAN MICHAEL LITTLE joined

the Middletown, Ohio, firm Combs, Schaefer & Atkins, where he focuses primarily in juvenile law, bankruptcy and real estate.

2010 MARK D. THOMPSON has joined the Cleveland firm Gallagher Sharp, working in the professional liability, transportation and general litigation practice groups. He served as the comment editor on the Dayton Law Review and received the Dean Frederick Davis Award for Excellence and the Gerald and Kathleen Green Scholarship.

Spirit, souls, service – alumni awards At the 2010 Alumni Weekend, alumni socialized with each

other, learned from presentations such as “Lawyers as Ethi-

cists” by Father Phillip Eichner, S.M., and served the homeless at local shelters.

At the May weekend, the Dayton Law Alumni Association

honored five individuals.

• D. Jeffrey Ireland ’80, a founding partner at Faruki Ire-

land & Cox of Dayton, received the Distinguished Alumni Award for his contributions to his community, including serving as mayor of Oakwood, Ohio, for 10 years.

• Steven Yuhas ’85, who served as the association’s president for eight years, received the newly created Steven E. Yuhas Alumni Special Service Award. “Most people that I speak to … knew the first time they stepped on

campus that there’s a different spirit at the University of Dayton,” said Yuhas, attorney for Flanagan, Lieberman, Hoffman, & Swaim in Dayton. “And that is part of what brought so many of them here and keeps them coming back to give their time and their treasure.”

• Sister Mary Louise Foley, F.M.I., campus minister,

received the Walter H. Rice Honorary Alumni Award.

Judge Rice called her the “heart and soul of our law school community.”

• Ria Farrell Schalnat ’99, an attorney at Frost Brown Todd LLC and adjunct professor, teaching the patent

litigation capstone, received the Francis J. Conte Special Service Award.

• Adam Armstrong ’05, an attorney at Dayton’s Freund, Freeze & Arnold who serves on the alumni association board and as an adjunct professor, received the President’s Award for support of the School.

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DAYTON LAWYER

19

GOOD WORKS

Bringing law to the playground

H

ere’s something you may not remember from eighth grade: alternative dispute resolution.

In schools it’s called peer mediation. It hasn’t

been on the playground as long as hair-pulling or

name-calling — behaviors that aren’t going away anytime

soon — but its use is growing more widespread. University of Dayton’s law school students have been working in an advisory capacity with

the last nine years, are currently using the curriculum to train the students.

“This is a new wrinkle,” said UCDRC director Linda Rus-

sell. “This time the peacemakers are going to be doing the

mediation, not the adults. There’s some research that says it should be more effective. We’ll see.”

Guerriero’s work was funded in part through a Dayton Law Public Interest

Award, which provides

Dayton Public Schools on

a stipend for the living

peer mediation for three

expenses for students

years.

serving public interest

“Statistically kids

law internships. The

have been getting into

Alumni Weekend Auc-

fights way more often

tion underwrites the

and at a younger age,”

award. Another auc-

observed Jyllian Guer-

Emanuel Cavallaro

riero, a second-year law

student. “The overarching goal of mediation is just to teach them how

to talk through conflict,

This past summer Guerriero stepped up the law school’s

involvement in peer mediation by putting together a cur-

riculum for three Dayton Catholic middle schools — Mary

online in December.

“I took all sorts of

legal theory and tied it in with morality

and belief,” Guerriero

as opposed to resorting to blows.”

tion is set to be held

explained. “Not only

are the children taught how to talk to each other, they’re taught the reasons why we don’t beat each other up.”

Her hope is that participating students will be able to

Queen of Peace, Immaculate Conception and St. Anthony

mediate after the first lesson, but also, as the school year

who in the program are called “peacemakers.”

effective communication, all the while serving as peace-

— for the training of seventh- and eighth-grade mediators, In the grown-up world, the mediation process is em-

ployed in civil suits — contract disputes, medical malpractice or personal injury cases and the like. It takes place

outside the judicial process and is extremely common, and becoming more so. Today, every court in Ohio has manda-

tory mediation for civil cases, according to Lori Shaw, dean

progresses, learn more and more about mediation and

makers, mediating disputes between sixth-, seventh- and eighth-graders.

Although not all will grow up to be lawyers, Guerriero

said, “I hope some do.”

—Emanuel Cavallaro

of students.

The reasoning behind mediation is that aggrieved

parties will be more likely to deal favorably with a neutral

party, the mediator, who is objective and represents neither side of the dispute. The mediator is just there to direct the

I

conversation in a highly structured process.

n this case, the neutral party is a 12- or 13-year-old, for whom — one suspects — engaging in deliberative and

structured interpersonal interaction is probably not the most natural impulse.

That’s why Guerriero, who was a high school teacher

before she was a law student, has designed for the schools some 150 pages of lessons, including a script for the me-

tailored to the schools’ Catholic backgrounds.

Therapists with the Urban Child Development Resource

Center at the UD School of Education and Allied Profes-

sions, which has been doing mediation in these schools for

20

DAYTON LAWYER

FALL FALL 2010 2010

Larry Burgess

diators to follow, activities and writing assignments, all

seeing the big picture Mark Chilson ’81 looks at health care from a comprehensive viewpoint.

“We need to get people into better and more efficient health care delivery systems,” he says.

“We need to get them regularly seeing good family care physicians, so they can avoid costly emergency room visits. We need to help them manage their medications. We need to help them with the hurdles of their living conditions.”

Chilson helps address those needs through his work as executive vice president and general counsel for CareSource, one of the largest and fastest-growing Medicaid managed care plans in the nation. CareSource for many years relied on Chilson’s legal advice when he worked for private firms; in April he became CareSource’s first-ever general counsel.

CareSource, headquartered in downtown Dayton, serves more than 843,000 Medicaid and Medicare Advantage consumers in Ohio and Michigan. And that number will grow as reform makes more people eligible for health care.

The company’s mission is simple: “Making a difference in the lives of underserved people by improving their health care.” Its task is varied — ranging from implementing a model to help reduce health care costs (with initiatives in areas such as pharmacy benefit management and improved coordination of benefits) to simply arranging transportation for an individual to get to a doctor’s appointment.

For the mission to succeed, the viewpoint must be comprehensive.

The University of Dayton School of Law is dedicated to preparing lawyers who will be able to see the big picture, who will be perceptive and caring, thoughtful and skilled. A gift to the Dean’s Fund for Excellence supports the success of that dedication.

Call 888-253-2383 or log on to http://supportud.udayton.edu.

Or send a check to: Dean’s Fund for Excellence University of Dayton School of Law 300 College Park Dayton, OH 45469-2961

Dean’s Fund Excellence for

FALL 2010

DAYTON LAWYER

21

University of Dayton 300 College Park Dayton, OH 45469-2961

NON-PROFIT ORGANIZATION U.S. POSTAGE PAID DAYTON, OH PERMIT NO. 71

‘God, please give me the strength to move my energy from grieving for the children you put before me to helping them.’

— Judge Glenda Hatchett

Jan. 20-21, 2011

Child Advocacy Among the speakers will be Judge Glenda Hatchett,

host of a nationally syndicated show, the first AfricanAmerican chief presiding judge of Atlanta’s Fulton

County Juvenile Court, recognized as Outstanding Jurist of the Year by the National Bar Association after only

her first year on the bench, national spokesperson Court Appointed Special Advocates (CASA), recipient of the

NAACP Thurgood Marshall Award and founder of the Truancy Intervention Project.