March 2018 small

The Magazine of the Dayton Bar Association | MARCH 2018 | Vol. 67, No. 7

Downtown Dayton Development:

Real Estate Successes in Review and Preview

details on page 12

By Sam G. Brinker Esq. Real Property Co-Chair Dinsmore & Shohl, LLP

Barrister of the Month Robert E. Hickey Jr., Esq. pg 6

Tax Law Tax Reform In Business and Litigation pg 14

Congratulations Charlie J. Faruki Esq. pg 24

Dayton

CONTENTS

Bar Briefs

March 2018 | Vol. 67, No.7

Dayton Bar Association Board of Trustees 2017 – 2018

Brian L. Wildermuth President

David P. Pierce First Vice President

Hon. Mary L. Wiseman Second Vice President

Cara W. Powers Secretary

Jonathon L. Beck Treasurer

Cassandra L. Andres Rice Member–at–Large

Angelina N. Jackson Member–at–Large

Hon. Timothy N. O’Connell Member–at–Large

Fredric L. Young Member–at–Large

Susan D. Solle

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Sally Dunker, ex officio Executive Director

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

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

By Fredric L. Young Esq., DBA Member-at-Large

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BARRISTER OF THE MONTH ROBERT E. HICKEY JR., ESQ.

By Christina M. Spencer Esq.

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FEDERAL PRACTICE

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The Supreme Court Ponders the Constitutionality of Administrative Cancellation of Patents, But Probably Not For Long

By Don E. Burton Esq.

COVER ARTICLE Real Property: Downtown Dayton Development: Real Estate Successes in Review and Preview

By Sam G. Brinker Esq.

TAX LAW Some Points of Interest Regarding Tax Reform in the Litigation and Business Contexts

By Francesco A. Ferrante Esq.

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YOUNG LAWYERS DIVISION

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Social Security Elimination to the Trating Source Rule and the Potential Impact on Claimants

By Emily N. Noggle Esq.

FROM THE JUDGES DESK Jury Services

By The Honorable Mary Kate Huffman

Departments 5 MARCH 2018 COMMITTEE MEETINGS 18 CONTINUING LEGAL EDUCATION 31 CLASSIFIEDS & MARKETPLACE Upcoming Events 11 THE CHANCERY CLUB LUNCHEON

Fri. March 16th | Doors open 11:30am | The Old Courthouse | Limited Seating, RSVP 937.222.7902

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THINK TV GREAT AUCTION Mon. April 16th- Sat. April 21st | Contact Bill Miller to Volunteer! bmiller@thinktv.org

15 DBA FREE PHOTO SESSIONS

Tues. March 20th - Thurs. March 22nd | DBA Seminar Room | Call 937.222.7902 to schedule appt.

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2018 LIBERTY BELL AWARDED @ MAY CHANCERY CLUB LUNCH

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

Fri. May 11th | Doors open 11:30am | The Old Courthouse | *Nomination deadline Fri. April 13th!

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2018 CELEBRATION OF LIFE MEMORIAL LUNCHEON

Tues. May 15th | Doors open 11:30am | Sinclair Community College

Dayton Bar Briefs March 2018

937.222.7902

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

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Features 4 TRUSTEES MESSAGE

Time Flies

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

PLATINUM PARTNERS Jack W. and Sally D. Eichelberger Foundation

Eichelberger, longtime Oakwood residents to enhance the legal profession, the arts and the Greater Dayton community through the awarding of grants.

Jack Eichelberger was a well-known Dayton attorney and real estate investor.

Trustees: Dave Greer, Gary Froelich and Neal Zimmers.

Eichelberger Foundation Estabrook Charitable Trust

Estabrook Charitable Trust Administered by Porter Wright Morris & Arthur LLP | Bruce Snyder - Trustee Annual Grants to the DBA (This support makes these events affordable for all members): • Bench Bar Conference • Diversity Day • Annual Meeting

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

GOLD PARTNER Thompson Hine LLP www.thompsonhine.com Established in 1911, Thompson Hine is a business law firm dedicated to providing superior client service. The firm has been recognized for ten consecutive years as a top law firm in the country for client service excellence in The BTI Client Service A-Team: Survey of Law Firm Client Service Performance. With offices in Atlanta, Cincinnati, Cleveland, Columbus, Dayton, New York and Washington, D.C., Thompson Hine serves a premier business worldwide.

www.daybar.org

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TRUSTEES MESSAGE

Time Flies M M

om died in November at the age of 96. She was in fairly good health until the end. Her life was extremely well-lived. There is sadness, but she lived a life to be celebrated, not mourned.

Going over what I know of Mom’s life (she had me when she was 43) made me realize how much change she saw in those 96 years, and how much she adapted to meet those changes without letting herself change much in the process.

Mom began her near legendary teaching career early in a one room school house, served as a Rosie the Riveter during World War II, and saw the Korean War, Vietnam, and all the conflicts thereafter. Through it all, she remained largely the same, but stayed connected to the world and its changes.

Think what came to be, or came to be common place in her lifetime.

Radios, cars, planes (jets or otherwise), television, rockets to the moon, satellites, cable television, computers, the internet, smart phones, ipads, and the one she understood the least, Facebook.

I believe our own world is changing far more rapidly than hers. I realize I am a bit mature (in age) in this business. When I started, the Lexis terminal had tractor feed paper (thanks Mead), email was largely non-existent, you still received your documents in discovery on good old paper, conferences with the Court were often still in chambers, and cell phones had not yet infected the work day or the peace and serenity of our personal time.

Lawyers were already bemoaning the need to respond to faxes in a day or two when I started down this road. We had time for the letter to get to us, to think about a response, draft it and send it!

There was a time you still had the pleasure of hearing the loud “click” of the file stamp in the clerk’s office ensuring you had an official date stamp to show you were timely on your filing.

We cannot escape the fact that our profession seems to have advanced a lot in recent years. I can do legal research at all hours of the day and night through the apps in my tablet and by phone. I receive discovery responses digitally so I swipe, swipe, swipe through a production on the tablet or phone, albeit with some risk of eye fatigue or a stroke, at

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Dayton Bar Briefs March 2018

By Fredric L. Young Esq. Member-at-Large Green & Green, Lawyers

all hours of the day and night. I can receive calls and texts from my clients at all hours of the day and night, too, so I do not miss any of the crises, real or perceived, that inflict their lives.

My efilings are quick and easy for my assistant to do, or I guess I could learn how and in hopes that critical filings reach the clerk’s office, at all hours of the day and night.

I can Facetime attorneys or clients at all hours of the day and night, sit at my desk with two large computer screens offering all sorts of important information, listen to news 24/7 on most of my electronic devices.

I can maintain all my digital documents in a puffy cloud somewhere, the same place my personal data is securely stored away, all so I have 24/7 access to any bit of information I want to know.

The changes Mom saw in her life seemed to come at a pace in which they could be made to fit appropriately into one’s life, and maybe even improve that life. Mom always seemed to handle and carefully adapt to changes without really changing much herself. Her beautiful head of white hair (she was prematurely gray in her thirties) pretty much stayed the same her whole life. Her famous laugh never changed at all, even to the end. Her deep love for and devotion to friends, family and her many students never wavered. She had to learn the new technologies in their infancy, but she made sure the “new ways of teaching” never supplanted her tried and true ways. She used the new technologies to complement, but never replace, her one-on-ones with students.

She could sit on a telephone with the best of them, but the phone never replaced her love of being with and talking with her friends and family. Television was a diversion, not an important daily activity. She knew computers could play an important role in changing lives for the better. She found ways to incorporate technology to better her life, not to complicate it or change the way she lived or dealt with others.

Our phones, tablets, flash drives, cloud storage and desktops can offer improvements to the ways we serve our clients. They cannot supplant continued on page 5

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TRUSTEES MESSAGE: Time Flies continued from page 4

how we do things. Emails should never serve as replacements for phone calls. There is nothing wrong with paper (it is a renewable resource). And we must always remember that we control our connections to the world around us. We have to control when and how we use our ever expanding connectivity, so that we avoid losing ourselves in the process.

We all dutifully face the current challenges of our new world in this profession and in our private lives.

Ask yourself, though, what will our profession be like 25 years down the road? Will cell phones be our primary mode of communication, or will another technology take its place? Will desktops, laptops and tablets be obsolete? Will young lawyers look at fax machines in wonder like young folks look at my vinyl record collection today? Whatever the advancements that come, I hope all of us, new lawyers and long in the tooth ones alike, continue to consider the benefits and consequences of the many changes coming faster and faster each day.

I close with another observation. As I age, time goes faster, and changes come much quicker. I bemoaned to my Mom how fast summer went by last year. She looked at me, smiled, and said “Fast?

It was just a week ago that I first held you in my arms.� The 25 years in the future will be here before we all know it.

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Join a DBA Committee!

Share & Learn

DBA Committee Meetings March 2018 Juvenile Law

Monday, March 5th @ 4pm

Diversity Issues

Tuesday, March 6th @ Noon

YLD Wednesday, March 7th @ Noon

CANCELED - Estate Planning Trust & Probate *Please attend CLE on 3/9 Domestic Relations

Thursday, March 8th @ Noon

Real Property

Thursday, March 8th @ Noon

Federal Practice

Monday, March 12th @ Noon

Labor & Employment

Tuesday, March 13th @ Noon

Appellate Court Practice & ADR Wednesday, March 14th @ Noon Environmental Law

Wednesday, March 14th @ Noon

Paralegal Thursday, March 15th @ Noon @ Sinclair Library Workers Comp & Social Security TBD Public Service & Congeniality

Friday, March 16th @ 11:30am @ The Old Courthouse

Criminal Law

Wednesday, March 21st @ Noon

Corporate Counsel

Thursday, March 22nd @ 4:30pm @ Bravos Restaurant

Civil Trial Practice & ADR

Tuesday, March 27th @ 4:30pm @ The Pub date move from 3/13

March 2018 Dayton Bar Briefs

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BARRISTER OF THE MONTH

Robert E. Hickey Jr., Esq. T T

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he law. Its letter assumes an exceptionally malleable nature, constantly expanding to fit the all-encompassing universe in which we exist. Without it, our sacred, learned profession ceases to exist.

The law is a tool, its ever-evolving nature dependent on the endless combinations of circumstances encountered by it. Most lawyers use it. Some lawyers write it. And some lawyers have the unique experience in their lifetime to do both.

Robert (“Bob”) Hickey, Jr., like many lawyers, has worn several different hats over the course of his career. His career trajectory, however, took a unique turn in his early years of practice when became a member of the Ohio House of Representatives, where he zealously represented constituents, while maintaining a private practice, zealously advocating for clients.

Growing up in Dayton, Bob earned his Juris Doctor from Ohio State University’s Moritz School of Law in 1974, following a successful tenure of undergraduate studies at OSU. Bob began his legal career at Altick & McDaniel, where he practiced insurance defense. A few years later, Bob joined Cowden Pfarrer Crew & Becker.

In his first seven years of practice, Bob served as a part-time magistrate and a night court prosecutor, assuming both roles while maintaining his private practice. It was also during this time that Bob discovered his taste for politics. “During those early years I caught a political bug,” he smiled. “I was single and assisted with political campaigns for a judicial office, city commission, and state representative.”

In 1980, with the goal of becoming the next elected member of the Ohio House Dayton Bar Briefs March 2018

“A full history of American law is nothing more or less than a full history of American life.

The future of one is the future of the other.”

- Lawrence M. Friedman of Representatives, Bob made a run for the statehouse. Following an unfortunate defeat, Bob was elected in 1982 and served five terms in a row. “I was at the statehouse for ten years. This was before they imposed term limits,” he laughed.

During his time as a legislator, Bob made another career move and joined Nolan, Sprowl & Foley. “[Working at this firm] really made a difference in terms of being able to keep—and build—a practice while tending to legislative duties and constituents.”

The demands of being a legislator and a practitioner of law were, without a doubt, unrelenting. Bob not only was able to manage these demands – he was good at it. Bob found success during his tenure with the Ohio House of Representatives in both his private practice and legislative role. “It was difficult at times, but always important for me to do both,” he said.

While at the statehouse, Bob was Vice Chair of the Judiciary Committee and later became Chair of the Civil and Commercial Law Committee, where his work included drafting living will legislation. “It was controversial, but a big issue for the State Bar Association as well as the Ohio State Medical Association. And, Governor Voinovich had concerns with the legislation.”

Given the then-controversial nature of living wills, when the bill was passed, it made news headlines. Bob fondly recalled the moment. “[The bill] made it out of the committee by one vote. When we knew it passed, Sen. Betty Montgomery, the Senate sponsor and with whom I worked very closely, came onto the House floor to give me a hug and kiss, a moment that found its way into the newspaper the following day.”

Bob also worked on a crime prevention committee while serving as state representative, and was deemed “the key legislator” in updating Ohio’s organized crime laws by then AG Tony Celebrezze.

In addition to making strides in Ohio’s legislative history, Bob has also significantly impacted the structural composition of the Dayton area. Immediately prior to the 1982 election, Bob worked long hours to defend the construction of the portion of I-675 extending from U.S. 35 to I-75 against injunctive relief. “Those were nights where I would have to stay at the office until 1:00 a.m.,” he said. Along with the sheer amount of work and preparation involved to defend the matter, one of the most memorable moments in the litigation for Bob was riding in a helicopter, alongside plaintiffs’ counsel and Judge Walter Rice.

At the end of his ten-year legislative career, Bob joined Thompson Hine, where he spent the rest of his law practice career.

In 1999 Bob joined Wright State University in the Office of Public Affairs, where he currently serves as the Vice President. Bob created his role in the Public Affairs office to be, unsurprisingly, as diverse and widespread as his previous dual-career in legislation and private practice. Bob frequently works with legislators, as well as with the community and local governments, on issues such as guns on campus, the opioid crisis, free speech, sexual harassment, tobacco usage, and state budgets. He feels fortunate to have a responsibility as liaison to Wright Patterson Air Force Base. continued on page 7

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Additionally, Bob works closely with many departments on campus, and serves on the President’s leadership team. He works closely with the Boonshoft School of Medicine, where he also was an adjunct professor and taught a course on public health policy.

“Who would have thought that somebody like me [a lawyer] would wind up teaching courses at a med school?” he joked.

Bob also is actively engaged in the community. He has served on the boards of Good Samaritan Hospital, The Entrepreneurs Center, Fairborn Chamber of Commerce, Samaritan Behavioral Health, Catholic Social Services, and Chaminade Julienne High School. As part of his Wright Patterson responsibilities, Bob is deeply involved with the Air Force Marathon, where he combines his love for running (Bob is six-time marathoner and Boston Marathon Qualifier) and dedication to the community.

Bob’s career path makes clear that no matter the venue, the subject, or the constituent, a lawyer’s work and the evolution of law is never finished. However, whatever the career path, a father’s work is never finished.

Above all else, Bob is the father of two wonderful children, who will always remain his pride and joy. His son, Conor, born

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Bob was inspired to study law, in part, by his grand aunt and great grandparents. Bob’s great grandmother, Sarah Cunningham, was born in Tipperary, Ireland. In the 1890s, she immigrated to the United States and to Dayton, where she met and married a Dayton Police detective (John Kernan), who was eventually appointed bailiff in the U.S. District Court in Dayton for Judge Nevin, a position he held until the day he died in November, 1943 at the age of 80. Their first-born, Mary K. Kernan, attended and graduated from the UD law school, Class of 1930. In 1939 she was admitted to the US Supreme Court. [Pictured on the left are Bob's children, Conor and Cahalan. Below are Bob's great grandparents].

in 1996, is in his final semester at the U.S. Naval Academy and will begin training as a Naval Aviator this summer. Bob’s daughter, Cahalan, is now 17 and a junior at Chaminade Julienne. She is named for a relative in Tipperary, Ireland – a descendant of Bob’s great aunt who inspired him to practice law.

Noting the irony that his Irish heritage happens to be featured in this March issue, Bob leaves us with the following: “Three Cheers for the Irish—and the lawyers!”

By Christina M. Spencer Esq. DBA Editorial Board Hollingsworth & Washington

March 2018 Dayton Bar Briefs

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FEDERAL PRACTICE

The Supreme Court Ponders the Constitutionality of Administrative Cancellation of Patents, But Probably Not for Long II

n Oil States Energy Services, LLC v. Greene's Energy Group, LLC, Docket No. 16-712, 137 S. Ct. 2239 ( June 12, 2017), the Supreme Court will rule on whether the recently-established administrative review process for challenging and invalidating issued patents, known as "inter partes review" ("IPR"), is an unconstitutional exercise of Article III judicial power by a federal agency. The arguments for unconstitutionality in Oil States appear so weak, however, as to suggest that the Court took the case to issue a decision that removes any doubt as to constitutionality of the IPR administrative procedure under Article III, which, since it was implemented in 2012, has had a significant effect in revoking improperly-issued patents.

The United States Patent and Trademark Office ("PTO") has been criticized in recent decades for issuing dubious patents. In theory, a patent is allowed only after careful and rigorous review by the PTO. The PTO examines applications for patents for formal requirements and, substantively, for novelty and "non-obviousness" (35 U.S.C. Sec. 102 and 103) in comparison to the prior state of the technological subject matter of the application. The PTO "allows" the patent only after it determines that the invention claimed in the patent is new and not obvious.

That determination is entitled to weight in subsequent litigation, although it is not conclusive. If sued for patent infringement, the defendant can claim the patent is invalid, i.e., the PTO made a mistake in issuing it. In deference to the examination process, though, patents that are allowed by the PTO are cloaked with a statutory presumption of validity (under 35 U.S.C. Sec. 282) in patent infringement litigation. That presumption can be overcome only by the accused infringer presenting clear and convincing evidence of invalidity. Microsoft Corp. v. i4i Ltd. P'ship, 564 U.S. 91, 95 (2011).

As part of the America Invents Act of 2011, Congress created the inter partes review (IPR) process as an alternative way to invalidate an issued patent, outside of litigation. As Petitioner's Brief (p. 47) in Oil States concedes, "Congress created inter partes review primarily out of a concern that the federal district courts provided insufficient protection against the assertion of meritless patents."

The initial examination of a patent application by the PTO is ex parte -- only the applicant and the PTO are involved. In contrast, an IPR allows a third party -- any third party -- to petition the PTO to cancel the claims of an issued patent on the ground that the "prior art" in existence (which the PTO may have missed during the examination process) shows that the alleged invention was for unpatentable subject matter, meaning it was already in the public domain or was disclosed by earlier patents. The PTO, specifically, the Patent and Trademark Appeal Board (PTAB), can accept or reject the petition. If the petition is accepted, the IPR then proceeds "inter partes," which, as the name implies, involves an adversarial proceeding, with discovery and briefing between the patent owner and the petitioner, culminating in a "trial" (more like an oral argument; there are no live witnesses) before a panel

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of administrative patent "judges" appointed by the Director of the PTO. After the trial, the panel issues a decision, a "judgment," which can be appealed to the Court of Appeals for the Federal Circuit.

The process in theory, and in practice, is more streamlined, faster, and less expensive than patent infringement litigation. Also, in contrast to patent litigation, there is no statutory presumption of validity in the IPR proceeding. IPR has been frequently used and has succeeded, from the standpoint of revoking many patents. According to PTO statistics, there were over 4,000 petitions for IPR filed, from 2015 to March 2017, with over 1,500 of the trials conducted during that period resulting in a written decision. (Chart located at https://www.uspto.gov/sites/default/ files/documents/AIA%20Statistics_March2017.pdf ). Over 1,000 of those over 1,500 written decisions issued from 2015 to 2017 (65%) determined that all claims of the patent in question were unpatentable.

Is that popular, streamlined administrative process for revoking a patent unconstitutional? In Oil States, Plaintiff 's argument to the Court begins with the premise that it is unconstitutional for a federal agency rather than an Article III-appointed federal judge to exercise the "judicial power" and to adjudicate an issue (patent validity) traditionally tried by common-law courts. From that premise, Plaintiff then argues: 1) inter partes review is an exercise of the judicial power, 2) that was the subject of suits at common law, and 3) that extinguishes a private property right. As a second basis for reversal, Plaintiff argues that IPR violates the right to trial by jury, which under the Seventh Amendment is preserved as to suits traditionally tried in common law courts. continued on page 9

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FEDERAL PRACTICE: The Supreme Court Ponders the Constitutionality of Administrative Cancellation of Patents continued from page 8 Defendant's main rebuttal is to argue that IPR is merely a mechanism for the PTO to correct its mistakes in issuing patents that should never have been issued in the first place. Defendant sets forth that IPR is not the first administrative practice set up to cancel patents that were improperly granted. In 1980, Congress created ex parte re-examination, which allow any third party to request that the PTO re-examine a patent on pieces of prior art cited by the third party, although that third party does not participate in the review. In 1989, Congress provided for inter partes re-examination (now superseded by IPR), which allowed the third party some role in the proceedings.

During oral argument, Plaintiff conceded that "reexamination," whether ex parte or inter partes, is constitutional (Transcript, pp. 4-5), but maintained that the IPR process is constitutionally flawed because it is "adjudicational." Does that distinction make a difference? I doubt it. If, as Plaintiff concedes, the PTO can re-examine -- and cancel -- issued patents, then the degree to which third parties are allowed to participate in that process, in order to assist the PTAB in reaching a decision, seems immaterial. Regardless of how the record is being created, the process involves a federal agency determining whether to overturn an earlier decision of that same agency. The Court has already noted, in its first decision addressing aspects of the IPR process, Cuozzo Speed Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016), that, in some respects IPR is adjudicatory, but in others it "is less like a judicial proceeding and more like a specialized agency proceeding," Id. at 2143, and "that the purpose of the proceeding is not quite the same as the purpose of district court litigation," id. at 2144. It also referred to ex

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parte reexamination -- conceded in Oil States to be constitutional -- as a "cousin" of IPR, and that in either proceeding the "basic purpose[ ]" is "to reexamine an earlier agency decision." Id. at 2144. Whether the IPR process is "adjudicatory" rather than "examinational" thus does not seem like a question that will cause the court much concern from a constitutional standpoint.

Instead, the key issue in Oil States for the Supreme Court may be whether an IPR decision deprives the patent owner of "public" versus "private" rights. The question on which the Court granted certiorari was phrased as whether IPR violates the constitution "by extinguishing private property rights through a non-Article III forum without a jury."

Defendant's briefing points out that patent rights are not private property recognized at common law; they are created solely by a public agency; Congress could constitutionally take away federal court jurisdiction over patent lawsuits or repeal the patent statutes and their patent-granting process entirely. Yet, in oral argument (Transcript, p. 32), Chief Justice Roberts pointed out that even a property right that originates with the government cannot be taken away without due process.

Although predicting the Supreme Court is problematic, in this instance I expect the Court to reject the argument that the Constitution mandates that only an Article III judge (or a jury) can cancel a patent claim. The Supreme Court, however, may reserve for another day the issue of whether specific aspects of the IPR proceeding are consistent with due process as the Due Process Clause was not invoked by the Petitioner in Oil States).

By Don E. Burton Esq. Faruki Ireland Cox Rhinehart & Dusing P.L.L.

March 2018 Dayton Bar Briefs

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DBA EVENTS

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he 2018 35th Annual Robert N. Farquhar Montgomery County District High School Mock Trial Competition, coordinated by the Dayton Bar Association and held in the Montgomery County Courts Building, was held on January 26. Congratulations to the five teams that will now advance to the Regional Competition: Centerville Black, Centerville Gold, DECA, Springfield Blue and Springfield Platinum This year, the case was entitled State of Buckeye v. Adam Smith, and dealt with the issue of a petition for a new trial alleging ineffective assistance of counsel in a criminal matter.

The case was styled as an evidentiary hearing to consider Smith’s motion. Smith bore the burden of proof to show that the outcome of the case would have been different but for the ineffective trial counsel.

The Ohio Mock Trial Program was established by the Ohio Center for Law Related Education. Robert N. Farquhar, who served as the 70th President of the Dayton Bar Association, is honored each year through the Mock Trial program. Robert “Nick” Farquhar passed away in 2008 and the Farquhar family graciously established a Memorial fund with the DBA Foundation in his memory. Through this program, students learn about the law, courtroom procedures, and the judicial system while building their critical thinking and public speaking skills.

This year, the volunteer Judicial Panelists in-

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cluded: Hon. Michael Newman, Hon. Thomas M. Hanna, Hon. Erik Blaine, Hon. Guy R. Humphrey, Hon. Timothy N. O’Connell, Hon. Jeffrey Froelich, Mag. Cozette Snead, and Hon. Deirdre E. Logan. Panelists or “scoring judges” included Cassandra Andres Rice, Esq., Michael Jurek, Esq., Kristina E. Curry, Esq., Dan D. Weiner, Esq., Christine N. Farmer, Esq., James W. Kelleher, Esq., Joseph C. Oehlers, Esq., Brian D. Weaver, Esq., Stanley A. Hirtle, Esq., Mag. Gerald Parker Jr., Christina J. Back, Esq., Tyler D. Starline, Esq., Mandy A. Jamison, Esq., Bryan K. Penick, Esq., Charles L. Grove, Esq., and John R. Hardisky, Esq. Special thanks to DBA Executive Director Sally Dunker and Chris Albrektson and to all who participated and volunteered their time to make this event a success. For anyone considering volunteering for this program, Panelist Christina J. Back described her experience with OCLRE: “I think the things I love most about OCLRE programs are the way in which they give young people access to the Constitution and the judicial system; encouraging hands-on engagement and understanding as opposed to rote memorization or simply a civics lesson.

The students feel like they are participating in something real, and the way which they can engage takes away trepidation from the legal

system and builds confidence, presentation skills, and a desire to be an active informed citizen as they grow to and through adulthood.

The students were all well prepared and had an impressive grasp on legal concepts and how to use them. It was a wonderful day of mutual learning and mentoring!”

On behalf of the competition judges we congratulate all of this year’s participants, and good luck to those teams advancing to the next level!

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

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The Chancery Club Luncheon

RSVP Today, Seating is Limited!

The DBA wishes to thank the Eichelberger Foundation for their generosity in sponsoring these luncheons.

Contact Tyler Today to RSVP! twright@daybar.org | 937.222.7902

Upcoming Luncheons: Friday, April 6, 2018 Friday, May 11, 2018 *Liberty Bell Awarded

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Friday, March 16, 2018 The Old Courthouse | Doors open 11:30am Caterer: Top of the Market Speaker: The Honorable Lech Garlicki, Accomplished jurist and constitutional law specialist from Poland, Judge Garlicki has served on both the Constitutional Court of Poland (1993-2001) and the European Court of Human Rights in Strasbourg (2002-2012).

March 2018 Dayton Bar Briefs

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REAL PROPERTY

Downtown Dayton Development: Real Estate Successes in Review and Preview

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owntown Dayton, in the midst of a renaissance and resurgence, had a big year in 2017 and is slated to have a big year again in 2018.

Real estate development has been at the core of Dayton’s growth. In an effort to bring businesses and residents to the city’s core, developers have moved to revitalize old buildings and start from the bottom-up to build new ones. Housing demands are high – a good sign that the efforts are working. From office buildings to event spaces, restaurants to residences the growth is expansive in size, shape, kind, and cost. The value of the growth is in many ways immeasurable – but definitely a boost to the city’s economics and beauty.

2017: Recent Development in Review

Looking back at 2017, the Dayton Metro Library gave a major face-lift to the city’s center with the opening on August 5, 2017 of the new Main Library branch building downtown on East Third Street.

The new building is a massive four times the size of the previous Main Library building. The Steam Plant, also on East Third Street, opened up in the fourth quarter of 2017. The Steam Plant used to be a steam generation plant home to the Dayton Power & Light Company. In its current state, thanks to its developers, city grants, and historic tax credits, the Steam Plant is a party hall, reception venue, and overall event space with stunning aesthetics. Just a block over from the Library and a few blocks from the Steam Plant, Mudlick Tap House – a new restaurant downtown – opened up on the corner of St. Clair Street and Second Street. Over by the river, the Water Street District grew all throughout 2017 (and will continue to grow in 2018). Just south of the Water Street District, the Delco Lofts and Lock 27 Brewing opened up next to Fifth Third Field, home to the Dayton Dragons. In another major real estate transaction, the property comprised of 38 acres of land which was the former home to the Montgomery County Fairgrounds was purchased in 2017; it was a joint purchase by The University of Dayton and Premier Health. Known as “Fairgrounds to Future”, the plans for the 38-acre site are still in the works, but the overarching goal is clear: to develop a “community-minded vision” that will serve both Premier Health’s and The University of Dayton’s missions and “contributes to the region’s economic growth” while addressing community needs, according to the website fairgroundstofuture.org. Called the “doorstep of downtown Dayton” by Mary Boosalis, president and CEO of Premier Health, the site, however developed, will have major impacts on the city center. A plan to build on the rich history of Dayton as a hub of innovation and entrepreneurship is part and parcel of the future development.

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Dayton Bar Briefs March 2018

By Sam G. Brinker Esq. Real Property Co-Chair Dinsmore & Shohl, LLP

2017: Continued Success Downtown for Local Businesses

Dayton.com’s Best of 2017 saw many downtown businesses taking home “best” honors. Salon J Ladner located under the St. Clair Lofts at street level took home an award for one of the best salons in Dayton.

The salon expanded to its current location in 2015. Heart Mercantile, an Oregon District shop which expanded (and moved a few doors down in the Oregon District) in 2017, took home awards in the “Best Place for Unique Gifts”, “Best Place to Buy Local”, and “Best Dayton-centric Gift” categories. Open just over a year and with new Sunday Brunch hours which started in early 2018, the nascent (and delicious) Table 33 snagged a win in the “Best Place for a Business Lunch” category. Two Oregon District favorites Dublin Pub and Lily’s Bistro also scored wins in the Dayton.com’s Best of 2017 – specifically taking first and second, respectively, in the “Best Brunch” category.

2018: Future Development in Preview

Ahead in 2018 are several more significant projects downtown. Several new City View townhomes by Simms Development are wrapping up construction just west of Warped Wing Brewery. Over on West Third Street, work continues on the Dayton Arcade renovation and development project (it was announced that the Arcade snagged a total of $9 million in historic tax credits as well as another $20 million in low-income housing credits last year) and some space will be ready for use as early as year-end. The work on the Arcade, an historic mixed-use complex, will take place in a phases. The project is expected to awaken the area which has lain largely dormant for many years, especially after the Arcade’s closure more than 27 years ago. Residents, city officials and developers agree – the success with this project could spurn even more investment in downtown and be a cornerstone of Dayton’s resurgence.

Not far from the Arcade, on the other side of Fifth Third Center, in Dave Hall Plaza, construction started in early January 2018 as workers broke ground on building the Levitt Pavilion – the venue will host 50 free concerts per year. The ribbon cutting and opening of the outdoor amphitheater will take place in mid-summer this year. Also coming in 2018 is the Troll Pub on Wayne Avenue and the opening of the Flats at South Park in the corridor between The University of Dayton and downtown. A slew of other projects continue and more will surely crop up continued on page 13

937.222.7902

REAL PROPERTY: Downtown Dayton Development continued from page 12 in the coming months as the Dayton economy continues to gain traction.

The “Gem” City indeed, Dayton is home to hidden gems and not-so-hidden gems alike with more treasures opening, expanding, and thriving all the time. The future looks bright and the past is a great indication of more good things to come as real estate continues to be a big player in the growth and rebirth of downtown. Plans for more development are ahead even beyond 2018 into 2019 and the next decade.

The Dayton Bar Association’s Real Property Committee is planning a meeting in the coming months to discuss even more changes on the horizon for Dayton real estate and development. Look for our agenda on the topic and please join us!

Trust

HERBERT M. EIKENBARY What is The Eikenbary Trust?

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

Through the efforts of the Trustee's and the Dayton Bar Association's counsel, we have been successful with the Court to better effectuate the purpose of Mr. Eikenbary's Will by increasing the amount of loans made to young attorneys, which was originally only $500.00, to $4,000 per grant.

The maximum available individual loans, are up to $6,000.00 at 4% interest. This is indeed a big difference from the original loan amount of $500, but the interest amount has remained the same so the financial burden will not be weighted heavily.

How to Apply?

Application forms are available from the Herb Eikenbary Loan & Grant Program through the Eikenbary Advisory Committee of the Dayton Bar Association. If you would like to take advantage of these programs, contact:

Sally Dunker, DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129

Ever wanted to participate in a live telethon?

Now’s your chance!

ThinkTV is seeking attorney volunteers to cover shifts during LIVE Auction April 16-21st!

Contact Bill Miller, Miller Creative Strategies for details. bmiller@thinktv.org | 937.220.1669

www.daybar.org

March 2018 Dayton Bar Briefs

13

TAX LAW

By Francesco A. Ferrante Esq. Thompson Hine LLP

Some Points of Interest Regarding Tax Reform in the Litigation and Business Contexts

T T

he Tax Cuts and Jobs Act made major revisions to many provisions relevant in both the litigation and business contexts. It would be exhaustive and ineffective to provide a comprehensive list and there are many unanswered questions regarding each area of change. Many comprehensive lists can be found from other sources. Nonetheless, DBA members might be interested in a list of some of the revisions that could affect a portion of their practice, with the caveat that many changes have been left out from this summary.

For further detail regarding any of the following points, please contact the accountant or tax adviser for the business that can be affected by the following points. The following is intended to merely highlight the points noted and not a complete explanation of the issues that can surface with respect to each such point.

A. LITIGATION-RELATED TAX CHANGES

1. No Deduction for Payments in Connection with Government Inquiry. With an exception for restitution or remediation costs, amounts

paid in relation to an investigation or inquiry by a governmental entity into the potential violation of any law are not deductible. Excluded restitution or remediation does not apply to amounts paid to reimburse the governmental entity for the costs of an investigation or litigation.

To be eligible for the restitution exception, the court order or settlement documentation must identify the costs as such. The government will issue a Form 1099 with respect to such payments received, unless properly identified as restitution.

2. No Deduction for Payments related to Sexual Harassment subject to Nondisclosure. Payments (including attorneys’ fees) related to sexual

harassment or sexual abuse are not deductible, if the related settlement or payment is subject to a nondisclosure agreement. As written, the breadth of this provision is broad enough to pick up unpaid back pay and severance payments by an employer.

Some have raised whether the provision prevents plaintiffs from deducting their attorneys’ fees, which could increase a defendant’s settlement cost. Questions have also arisen whether the mere reference to a sexual harassment claim in the complaint or the settlement release triggers the provision, and whether any such claim should be excluded from the nondisclosure provision in some situations. Plaintiff ’s counsel might be the party pushing for nondisclosure to prevent the defendant from discussing the matter. Finally, further consideration should be given to very general releases that include claims beyond the actual scope of the complaint.

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Dayton Bar Briefs March 2018

B. BUSINESS-RELATED TAX CHANGES

1. Net Operating Loss (NOL) Carry Back. When a corporation acquires the shares of another corporation, tax losses could arise for the year of acquisition that could have generated tax refunds against prior income of the target corporation. NOLs can no longer be carried back, which means that the opportunity to claim carryback tax refunds is eliminated.

2. Tax Cost Effectiveness in Asset Acquisitions. The cost of acquired

tangible person property, even used property, can be deducted in full.

When acquiring another business for cash in an asset acquisition, the cost allocated to tangible person property can now be immediately expensed, which can subsidize part of the acquisition cost. An asset acquisition can occur when buying assets directly or when purchasing 100% of the outstanding shares, for practical purposes, and making certain tax elections in connection with purchasing the shares of an S corporation or a subsidiary corporation. Note, however, that sellers generally want to be reimbursed for any additional taxes attributable to recapture ordinary income associated with direct or deemed asset sales.

Similar tax benefits can be available to the buyer with the purchase of all or part of the interests in an LLC or partnership.

3. $10,000 Cap on Deductible State and Local Taxes is Inapplicable to Business Operations.

4. Conversions of S corporations to C corporations. While definitely not for all situations, some S corporations might consider converting to C corporation status to take advantage of the 21% corporate tax rate. In general, there is a one-year period to continue to receive tax free dividend distributions from the converted entity and tax reform seems to extend such period in certain situations.

5. Government Grants. With certain exceptions, all government grants towards development of a real property project will be taxable, Until this year, this negative tax impact was limited to LLCs and partnerships. The new provisions extended such provision to all corporations. The exceptions are for reduced taxes, credits, and tax abatements. While outright government grants might occur infrequently, consideration will likely be given to alternatives to address this upfront tax cost. continued on page 15

937.222.7902

TAX LAW: Tax Reform In Business and Litigation continued from page 14 6. Compensation Tax Withholding in Business Acquisitions. When acquiring a business, accelerated compensation payments or certain cash out of outstanding compensation arrangements could surface. The applicable tax withholding rate has been revised to 22%, from 25%. Procedures can be implemented to allow for tax withholding at a higher level to be more in line with the employee’s true tax liability.

7. Research and Development Costs. R&D costs, including software development expenses, must be amortized over 5 years. The immediate deduction available for such costs is over, as is the ability to amortize such costs over ten years. The unamortized deduction is not accelerated when the developed technology is sold within the five-year period. Not clear how the unamortized R&D cost is to be treated when the developed technology is sold.

8. Gain on Sale of Certain Technology. Gain from the sale of patent, invention, model or design (whether or not patented), and a secret formula or process developed by a person (other than individuals) is no longer eligible for capital gain. On a sale of a business in a direct or deemed asset sale, amounts must be allocated to these technology assets to determine the appropriate tax. The retention of capital gain for individuals can sometimes remain useful in the context of a sale by a S corporation or a partnership owned by individuals.

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9. Election to Delay Taxation of Certain Equity Grants by Closely-held Corporations. A new provision is intended to allows the delay of taxation

of vested equity compensation grants to an expected future time when there is liquidity with respect to the shares. The provision was endorsed by many trade associations as fair treatment for start-up corporations that make equity grants to attract employees. The provision is complicated to administer, raises tax withholding questions, will likely have limited usefulness, and does not necessarily tie taxation to liquidity. The following link is to a comment letter submitted with respect to an earlier version of the provision. While some changes were made, most of the challenges remain. https://www.lexology. com/library/detail.aspx?g=18860862-cdf0-4808-a428-9e40c4a67ac0 Consideration should be given to whether the requirements for this provision can be maintained and not overlooked that could result in skipping over the future taxation date.

10. Executor and Trustee Fees Might Remain Deductible. Miscel-

laneous itemized deductions have been removed, but the tax deduction for executor and trustee fees in the estate and trust context, plus related legal and accounting fees might continue to be deductible.

www.daybar.org

March 2018 Dayton Bar Briefs

15

YOUNG LAWYERS DIVISION

Social Security’s Elimination to the Treating Source Rule and the Potential Impact on Claimants W W

hen an individual applies for Social Security benefits before retirement age, they embark on a daunting and lengthy process. There are three main stages of the Social Security process: (1) Initial; (2) Reconsideration; and (3) the Hearing. Through each stage, the Social Security Administration receives updated medical records from treating providers. In addition to reviewing the medical records, Social Security sends the medical records of the treating physicians to independent medical professionals that are paid a reduced fee. The medical professionals’ review of the claimants paper file is used to either approve or deny the claim, without ever meeting the claimant.

While evaluating the claim, the Social Security Administration may require the claimant to be seen by a Consultative Examiner. Social Security is obligated to fully develop the medical record, and may request the claimant attend a Consultative Exam when there is insufficient medical evidence in the record to make a determination. This examiner will make a medical determination based on

Come Out and Join the DBA YLD!

Thursday, April 5, 2018 @ 5:30pm Brixx Ice Co. 500 E 1st St. Dayton, OH 45402

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Dayton Bar Briefs March 2018

one visit and the previously supplied medical evidence. Consultative Examiners are usually a medical doctor, or a psychologist and they are paid a fee by Social Security to perform the examination. Claimants may be seen by one or both types of Consultative Examiners, depending on the impairments they experience.

Once the claim reaches the hearing level, an Administrative Law Judge (“ALJ”) reviews and assesses the claimant’s medical record, holds a hearing with the claimant present, and issues a decision determining whether or not the claimant is disabled. Within this detailed decision, the ALJ is required to clearly articulate the rationale for the determination, and the evidence used to create that finding.

The decision will include the ALJ’s interpretation of the medical evidence. Claims filed before March 27, 2017, follow the “treating source rule” found in SSR 96-2p. (See 20 C.F.R. § 404.1527). Under this rule, the ALJ must give the opinion of a treating source controlling weight, so long as the opinion is “well-supported by medically acceptable clinical and laboratory diagnostic techniques” and “not inconsistent with the other substantial evidence in [the] case record.” Wilson v. Commissioner of Soc. Sec., 378 F.3d 541, 544 (6th Cir. 2004) (quoting 20 C.F.R. § 404.1527(d) (2)). However, if the treating source’s opinion is not awarded controlling weight, then the ALJ “must apply certain factors—namely, the length of the treatment relationship and the frequency of examination, the nature and extent of the treatment relationship, supportability of the opinion, consistency of the opinion with the record as a whole, and the specialization of the treating source—in determining what weight to give an opinion.”

Id. Additionally, the decision denying benefits must contain very specific rationale as to the conclusion that the treating source’s medical opinion was given less weight, must be supported by the record, and must be “sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to the treating source’s medical opinion and the reasons for that weight.” Wilson, at 544 (quoting Soc. Sec. Rul. 96-2p, 1996 WL 374188, at *5 (1996)).

By Emily M. Noggle Esq. YLD Bar Briefs Contributor Dyer Garofalo Mann & Schultz Claims filed after March 27, 2017, are no longer under the “treating source rule.”

Instead, under 20 C.F.R. § 404.1520c, the medical evidence provided will not be given any specific evidentiary weight. However, the evidence could be evaluated using multiple factors including: supportability, consistency, relationship with the claimant, specialization, and other factors. 20 C.F.R. § 404.1520c(c) (1-5). ALJs will essentially evaluate medical opinions provided in the record for “persuasiveness” using the factors provided. The Social Security Administration theorizes that this change will provide a more “objective” view of claims. Additionally, Social Security theorizes that this change will “simplify [the] rules[,] to make them easier to understand and apply[.] . . .” Social Security Administration, Revisions to Rules Regarding the Evaluation of Medical Evidence, ( Jan. 31, 2018), https://www.ssa.gov/ disability/professionals/bluebook/revisionsrules.html.

Since this standard of medical review applies to cases filed after March 27, 2017, and the average claim for Social Security is approximately 602 days, almost two years, the implications of this rule change has yet to be seen. It is foreseeable that many claimants would see unfavorable decisions based on the opinion of a consultative examiner, instead of utilizing the records from their treating provider, rightfully causing confusion and frustration. Another potential effect of the regulation could be that less Social Security cases are remanded at the federal level, due to the ALJ’s reduced duty to afford greater weight to the treating source. (See Michael N. Rhinehart, Treating Physician Rule Eliminated in Social Security Regulations, The Federal Lawyer, Oct./Nov. 2017). This immense change to the evaluation of medical opinions for Social Security claims is concerning, but the full effect will not be felt for many years. Hopefully the Social Security Administration’s prediction that this change will simplify and provide a more objective view is correct and the claimant will not suffer. However, only time will tell.

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this is YOUR chance to nominate an outstanding member of the community!

Liberty BAward ell

E

ach May at the Chancery Club luncheon, the Dayton Bar Association honors a local citizen who has rendered outstanding service to the community with the Liberty Bell Award. The Liberty Bell Award represents the DBA’s highest honor recognizing a community partner who assists the legal profession in providing service throughout our region. Any individual, other than a lawyer or a judge may be considered for the distinguished award. Professionals working in education, business, the sciences, communications, labor, government, religious professions and youth organizations are eligible for nomination.

The 2017 Liberty Bell Award recipient was William B. Wheeler, DBA Executive Director (Ret.). Bill served as an integral part of the DBA's growth over the past 14 years. He also helped solidify the permanent home of the Dayton Bar Association, in the Schuster Performing Arts Building. A valuable community leader in the Dayton area, Bill Wheeler retired in September 2017, and leaves behind a great legacy of growing the DBA and promoting excellence in the legal profession, throughout the community.

The 2016 Liberty Bell Award recipient was Lance Detrick, President & CEO Goodwill Easter Seals. Mr. Detrick serves as an integral part of the Agency’s growth, growing the organization into a $45 million operation.

In addition, he supervised the completion of the Agency’s new Community Services Campus in downtown Dayton. A valuable community leader in the Dayton area, Mr. Detrick demonstrates passion, innovation and commitment to serving those of greatest need in our community.

Libby Nicholson, Executive Director of CARE House, received the 2015 Liberty Bell Award. CARE House operates as a collaborative effort of the Children’s Hospital, Montgomery County Prosecutor’s Office, Dayton Police Department, Montgomery County Sheriff ’s Office and Montgomery County Job and Family Services, providing multidisciplinary responses to child victims of abuse and neglect.

Do you know someone in the community who, in the tradition of Bill Wheeler, Lance Detrick, Libby Nicholson, and the many other recipients of the Liberty Bell Award, serve our community in a special way? Please consider submitting a nomination to the DBA for the 2018 Liberty Bell Award, to be given at the May 11th, Chancery Club Luncheon. In order to be considered, nominations must be submitted by Friday, April 13th. All nominations should include biographical information on the nominee and a statement from the nominator supporting the nomination.

Past Winners Include: 1983 - Mrs. Edward Simmons 1984 - Mrs. LiVina M. Wilson 1985 - Clarence G. Stippy 1986 - Robert William Truxel & David Lants 1987 - George W. Wharton 1988 - Hazel Holmgren 1989 - Susanne Bassani 1990 - Bros. Timothy Sucher, OFM - St. Vincent DePaul 1991 - Sally Keyes/Jean Ryan - The Learning Tree Farm 1992 - Karen DeMasi, President - Five Oaks Neighborhood Improvement Association (FONIA) 1993 - Linda Crabtree - House Maid

1994 - Rev. Philip Hoelle, SM - Dakota Center 1995 - Helenka Marculewicz, GDVLP Executive Director (Ret.) 1996 - Connie Villelli - Courts 1997 - Montgomery Cty Courthouse Volunteers 1998 - Lynda Brown Walker, Teacher - Ethics Committee 1999 - Judy Dodge - Domestic Relations Court 2000 - Rev. Robert E. Jones - College Hill Community Church 2001 - Carl Day - WDTN 2002 - Marvin Olinsky - Five Rivers Metroparks/Riverscape Project 2003 - Tina Patterson - The Other Place 2004 - Linda Kramer - Daybreak

2005 - Barbara Buddendeck, CASA Dir.- Montgomery County CAS 2006- Eleanor Kent - Montgomery County Children Service 2007 -Dr. Robert Walker 2008 - James Stahler 2009 - Sister Maria Stacy 2010 - Ellen McCloskey - Montgomery County Adult Probation 2011 - Marsha Froelich - Clothes at Work 2012 - Deborah Lieberman and Dr. Sherry Gale 2013 - Chris Albrektson, DBA Wills for Heroes 2014 - No award given 2015 - Libby Nicholson - Care House 2016 - Lance Detrick - President & CEO Goodwil Easter Seals 2017- William B. Wheeler, DBA Executive Director (Ret.)

liberty bell nomination form I wish to nominate _______________________________ to receive the 2018 Liberty Bell Award.

I feel this nominee is deserving of the award for the following reason (Please print or type on a separate sheet; be specific). ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________ Nominated by ___________________________________ Please return by April 13th to the DBA offices by mail or email: calbrektson@daybar.org or fax to (937) 222-1308. www.daybar.org

March 2018 Dayton Bar Briefs

17

daybar.org/cle Spring into CLE! Writing for Advocates with Judge Merz (video replay)

Estate Planning Trust and Probate Committee presents:

Friday, March 2, 2018 | 9:00-12:15pm 3.0 CLE Hrs | Seminar #1718-091 M $105 | NM $150 | PP $0 This 3-hour seminar presented by Judge Michael Merz, will provide a judge’s perspective on what’s good, what’s bad, and what could be better in your written advocacy. Designed for new and experienced litigators.

Trusts and Tax

Wednesday, April 4, 2018 | 3:00-5:00pm 2.0 CLE General Hrs | Seminar #1718-100 Presenter: Prof. Dale Searcy CommitteeM $50 | M $70 | NM $90 | Passport $0 Join the Estate Planning Trust and Probate Committee as Dale Searcy presents Trust and Tax issues.

2018 Probate Law Institute *see details on page 19

DBA and University of Dayton School of Law Women’s Caucus present:

Friday, March 9, 2018 | 8:30-4:15pm 6.0 CLE Hrs | Seminar #1718-092 Sinclair Community College, Building 12 M $240 | NM $325 | PP $30 *Materials will be available in electronic format. **Printed Materials are $30, with sales ending March 6th.

Judge Langer’s 2017 Criminal Law Update: A Review of Decisions of US Supreme Court, Ohio Supreme Court, Ohio Appellate Courts and Ohio Legislation (video replay) Wednesday, March 14, 2018 | 1:00-4:15pm 3.0 CLE Hrs | Seminar #1718-093 M $105 | NM $150 | PP $0 Judge Langer will survey US and Ohio Supreme Court and appellate decisions, as well as recently enacted legislation.

Hour 1: Search and seizure, confessions, criminal offenses, pretrial procedure, pleas Hour 2: Rules of evidence, speedy trial, trial procedure Hour 3: Sentencing, jail time credit, CCS revocation

The Heroin Epidemic: What Can Be Done? (video replay) Tuesday, March 20, 2018 | 12:00-1:00pm 1.0 CLE Hr Professional Conduct | Seminar #1718-095 M $35 | NM $45 | Passport $0 Presenter: David M. Novick, MD A physician's view of the heroin epidemic will be presented. The scope of the problem and the physical, environmental, and behavioral clues to heroin use will be covered. Medication-assisted treatment of opioid use disorder will be explained, along with the rationale and evidence for treatment with buprenorphine (Suboxone) and naltrexone (Vivitrol).

This will be directed to lawyers, magistrates, and judges; others working in the legal system who are interested in this topic will find it worthwhile.

The First Annual Women in the Law Forum *see details on page 20 Saturday, April 7, 2018 | 9:00am-12:00pm 2.0 CLE Hrs | Seminar #1718-097 Students $10 | M $25 | NM $50 | PP $0 UDSL, Atrium and Courtroom Join us as we discuss the importance of gender equality in the legal profession, and address the barriers, as well as the solutions, to achieve such equality amongst all lawyers and law students. We will be discussing topics such as: Barriers to Women and Minorities in the Legal Profession, Perpetuation of Gender Inequality in Law, Salary Negotiation and Pursuing a Legal Career in Governmental Roles.

2018 DBA Diversity Day: “Hate Speech and the First Amendment” *see details on page 20 Friday April 13, 2018 | 8:30-11:45am Seminar | 12:00-1:15pm Luncheon 3.0 CLE Hrs | Seminar #1718-098 Sinclair Community College, Building 12 Member: Seminar $105 | Lunch $30 | Both Seminar and Lunch $125 Nonmember: Seminar $140 | Lunch $35 | Both Seminar and Lunch $165 Passport $30 CLE Seminar Agenda: 8:30-9:15am The First Amendment and Social Media

Thaddeus Hoffmeister Esq., UDSL 9:15-10:15am First Amendment Cases

Laura Briggs, ACLU 10:15-10:30am Break 10:45-11:45am Cyberbullying and the effect on Diversity

Andrew Rossow Esq. 11:45am Adjourn

save

the

date!

Recent Ethics Violations & the Ethical Perils of Social Media (video replay)

2018 Domestic Relations Institute

Wednesday, March 21, 2018 | 1:00-4:15pm 3.0 CLE Hrs Professional Conduct | Seminar #1718-096 M $105 | NM $150 | PP $0 Presenters: John M. Ruffolo Esq., DBA Bar Counsel Glen R. McMurry, Partner Dungan & LeFevre Co, LPA

Friday, April 20, 2018 | 9:00-4:45pm 6.0 CLE Hrs | Seminar #1718-099 Sinclair Community College, Building 12 M $215 | NM $300 | PP $30 *Materials will be available in digital format. **Printed Material are $30, with sales ending April 17th.

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Dayton Bar Briefs March 2018

6.0 CLE Hrs

Friday, March 9, 2018

Sinclair Community College

2018

Probate Law Institute

Agenda 8:30am

Creditors' Coup: Claims Attack and Asset Protection

9:30am

Trust Alert: Maximizing Tax Benefits Without Worrying About the FET

10:30am

Break

10:45am

Probate Case Law Update

11:45am

Lunch

1:00pm

Montgomery County Probate Court “Hour of Power”: Guardianship and Other Current Issues at the Court

2:00pm

Break

2:15pm

Erosion of Attorney-Client Privilege: Fiduciary Exception

3:30pm

www.daybar.org

Adjourn

Adam M. Fried Esq., Reminger Co., LPA, Cleveland Matthew R. Hochstetler, Day Ketterer, Canton Andrew Keck, CTO ProFile Discovery, Columbus Edwin P. Morrow Esq., U.S. Bank, Cincinnati Hon. Jack Puffenberger, Judge, Lucas County Probate Court John R. Riccardi Esq., U.S. Bank, Cincinnati Elizabeth Weinewuth Esq., Vorys, Cincinnati

Cyber and Social Media

Discovery: From Policy to Trial Presentation

4:30pm

Presenters

Pricing Member $240/$255 day of NonMember $325/$340 day of Passport $30/$45 day of Printed Materials $30 order by March 6th (Select this option if you would like printed materials.) *Electronic materials will be available at no cost.

Register Seminar#092 www.daybar.org/cle 937.222.7902 Dayton Bar Association

109 N. Main St., Ste. 600, Dayton, OH 45402 March 2018 Dayton Bar Briefs

19

Mark Your Calendars 2018 DBA Diversity Day:

Hate Speech and the

First Amendment

Friday April 13, 2018 8:30-11:45am Seminar 12:00-1:15pm Luncheon 3.0 CLE Hrs | Seminar #1718-098 Sinclair Community College, Building 12 Member: Seminar $105 | Lunch $30 | Both $125 Nonmember: Seminar $140 | Lunch $35 | Both $165 Passport $30

A gathering for All DBA Members!

Sharing important topics and information Join us as we discuss the importance of gender equality in the legal profession, and address the barriers, as well as the solutions, to achieve such equality amongst all lawyers and law students. We will be discussing topics such as: - Barriers to Women and Minorities in the Legal Profession - Perpetuation of Gender Inequality in Law - Salary Negotiation - Pursuing a Legal Career in Governmental Roles

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Dayton Bar Briefs March 2018

CLE Seminar Agenda: 8:30-9:15am The First Amendment and Social Media

Thaddeus Hoffmeister Esq., UDSL 9:15-10:15am First Amendment Cases Laura Briggs, ACLU 10:15-10:30am Break 10:45-11:45am Cyberbullying and the Effect on Diversity

Andrew Rossow Esq. 11:45am

Adjourn

937.222.7902

Celebration of Life Memorial Luncheon • Thursday, May 15, 2018 To:

DAYTON BAR ASSOCIATION 600 Performance Place 109 N. Main St. Dayton OH 45402-1129

Please reserve _____ place(s) at $35.00 each.............. Total $______ Table (8)______at $280.00............................................ Total $______ -Please enclose a list of those attending-

Phone: 937.222.7902 Fax: 937.222.1308 NAME

Check # Enclosed: Charge my: VISA

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March 2018 Dayton Bar Briefs

21

FROM THE JUDGES DESK

Jury Services

Representative government and trial by jury are the heart and lungs of liberty.

~John Adams

By Hon. Mary Kate Huffman Montgomery Cty Common Pleas Court

T T

rial by jury predates the Norman Conquest of England in 1066, and likely originated in Scandinavia prior to the Ninth Century. Concern that a threat existed to the right to trial by jury, as well as the right to serve on a jury, influenced our Revolution and the formation of our compact with one another through the Constitution. Much has changed, though, in the makeup, selection and function of juries in the last millennium, and certainly in the 228 years since the Constitution and later Bill of Rights were ratified. Jury service is no longer tied to a venireman’s gender, race, status in the community or the ownership of property.

While a right to trial by jury lies at the foundation of the American legal system, courts recognize the stress experienced by citizens served with a summons for jury service. “Jurors confront numerous sources of stress at every stage of jury duty, even in routine trials. Beginning with the summons to jury service, they experience disruption of their daily routines, lengthy waits with little information and often in unpleasant surroundings, anxiety from the scrutiny of lawyers and the judge during voir dire, tension from sifting through conflicting versions of facts and unfamiliar legal concepts, conflicts during deliberations, and isolation following the verdict and their release from jury service.”

The overarching focus of jury management must be the rights of the parties involved in the litigation. The concerns of the jurors, though, must not be overlooked.

Recognizing the stress placed on citizens called for jury service, the Montgomery County Common Pleas Court strives to reduce the uncertainty and anxiety associated with jury service, while educating jurors on the discrete and limited role of the jury in the civil and criminal justice process.

The Montgomery County Common Pleas Court has implemented a number

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Dayton Bar Briefs March 2018

of innovations in the past several years in response to the discrete concerns articulated by jurors, and to address the interests of litigants.

Financial stress reflects a primary concern for many jurors. Ohio law does not impose on employers to pay employees their regular wage when called to jury service. In order to ease the immediate financial concerns, the Montgomery County Common Pleas court now provides parking for prospective and seated jurors, at no cost, in a secure lot located across the street from the courthouse. The parking facility, monitored by the Montgomery County Sheriff ’s Department, provides a safe and convenient location for jurors to park, addressing yet another stressor for jurors – safety.

Ohio law provides for compensation for jury service. In the past, jurors could expect to receive payment for their service by check from the Montgomery County Auditor’s Office weeks after their jury experience was completed. In order to immediately address the financial stress of jury service, in 2014 the court began paying jurors in cash through an ATM-type kiosk located on the first floor of the court building. The Montgomery County Common Pleas Court was the first court in Ohio to implement immediate compensation of jurors for their service. Jurors now receive payment within minutes of the completion of their service.

As of December, 2017, 18,107 jurors and $554,900 in fees were distributed through the kiosks.

A jury summons often leaves citizens questioning the potential length of service and the corresponding disruption to work and family lives. In an effort to reduce the disruption for citizens, in 2005 the Montgomery County Common Pleas Court reduced the length of jury service per summons from three weeks to either one week or one trial, whichever is less. Obviously, jurors seated in complex trials may be required to

serve for a more considerable length of time.

Prospective jurors are asked to call every evening for a week to determine if their service is necessary. Sometimes, even on the morning of trial, a settlement or plea occurs, or some other event precipitates a cancellation of the scheduled trial. The Montgomery County Common Pleas Court is in the process of implementing a text messaging system that will automatically and immediately notify summoned jurors of their appearance requirements. In planning for the new system of communicating with prospective jurors, the court’s primary focus was twofold: to reduce life disruptions for jurors and as a reminder of service to aid in ensuring that an adequate number of jurors do appear when summoned.

Many Americans possess a less than complete understanding of the parameters of jury service. For many years the court provided an oral orientation at the beginning of each trial. While community members called for petit jury service generally have some basic familiarity with the function of the jury, those called for grand jury service often lack a clear understanding of the function and process of the grand jury.

To assist grand jurors in understanding their distinct role, and some of the special rules related to secrecy associated with service, the Montgomery County Common Pleas Court recently adopted its first comprehensive Grand Jury Manual. The court provides each Grand Juror with a copy of the manual for reference during their term of service.

In order to protect the rights of the parties involved in litigation, particularly criminal defendants, jurors must have no prior knowledge of the facts or circumstances of the litigation. Yet prospective jurors, like all of us, live in a culture of unlimited information that encourages unfiltered and constant communication. Veniremen are now reminded, and perhaps warned, during orientation to avoid all social media and any

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FROM THE JUDGES DESK: Jury Services continued from page 22

sources of information and influence from outside of the testimony.

A primary focus for the court for over a decade has been to ensure that summoned jurors adequately and accurately reflect the demography of Montgomery County.

Litigants and attorneys often comment that jury pools appear not to mirror the county’s population, whether in the age, race or ethnicity of the potential jurors. In approximately 2005 the Montgomery County Common Pleas Court piloted an effort to utilize two sources for summoning jurors – voter registration and Bureau of Motor Vehicle licensing and identification lists.

Resulting from historical rather than current data in the BMV lists, the court experienced an inadequate response to summons.

Thereafter, the court returned to drawing jury pools exclusively from voter registration information. Currently, every common pleas court in Ohio draws its jury pool from voter registration lists only. After improving the procedure attempted in 2005, in early 2018, the Montgomery County Common Pleas Court, as the first common pleas court in the state to do so, implemented a combined source list for jury summons, utilizing BMV and voter registration lists in an effort to ensure jury pools are more reflective of the county’s population.

The Montgomery County Common Pleas Court continues to strive to provide citizens called for jury service with the most convenient experience, but also to respond to the concerns raised by attorneys and litigants.

Look for additional innovations in our jury management practices and procedures in the future.

www.daybar.org

welcome DAYTON new members Bar Association Get Involved!

ATTORNEYS Robert D. Ballinger

| Ohio Bar: 11/17

Travis T. Dunnington | Ohio Bar: 8/17

Florida Bar: 10/98

Andrea L. Flaute

| Ohio Bar: 11/17

Margaret L. Foley

| Ohio Bar: 5/91

Andrew T. Heck

| Ohio Bar: 11/17

Kaila McClellan

| Ohio Bar: 11/17

Mary E. Montgomery | Ohio Bar: 11/98

PARALEGALS Nicole D. Adams Julie R. McNabb

March 2018 Dayton Bar Briefs

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By Zachary S. Heck Esq. Co-Chair DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L.

W W

hen news began to circulate last autumn that Charlie Faruki would retire at the end of 2017, many responded with skepticism. For decades, Charlie has impressed the Dayton community with his attention to detail, dedication to logical reasoning, and passion for the law. Indeed, a 2012 article in Ohio Super Lawyers aptly described Charlie as “a craftsman” – someone who is always mindful of his client’s goals and willing to invest the time and energy in the details. Since 1991, Charlie has been a Fellow of the American College of Trial Lawyers and has been named a Litigation Star by Benchmark Litigation for each year since its publication began in Ohio.

Twice he was named by Super Lawyers as the Number 1 attorney in Ohio. Charlie’s work ethic and dedication to the practice of law are synonymous with his name. But Charlie’s legacy goes beyond the quality of his work.

Charlie’s legacy is rooted in the contributions he has made to our community.

A graduate of Belmont High School, Charlie then attended the University of Cincinnati and graduated from The Ohio State University Moritz School of Law in 1973. Charlie developed a well-deserved reputation for jury work at Smith & Schnacke. Throughout his tenure, he represented some of the largest corporations in the area. In 1989, Charlie started a new firm with his mentor, Bill Gilliam, and partner, Jeff Ireland.

Along the way, Charlie immersed himself into the Dayton legal community through his work with the Dayton Bar Association. An early occasion was to take responsibility for organizing the annual spring seminar. Charlie volunteered to join that committee, and also to present. Many of Charlie’s colleagues thought this was a bold move, but Charlie recognized it as an opportunity to achieve a professional goal while also providing much needed assistance. Charlie often told the firm's associates that lawyers, especially younger lawyers, must be ready to make their own luck. That is exactly what Charlie did. Ever since, Charlie has supported the Dayton Bar Association,

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Dayton Bar Briefs March 2018

and he has made sure that his colleagues at Faruki+ share that same value. Jeff Cox, now a Faruki+ partner, was the firm's first summer

associate. He remembers that "Charlie was an extraordinary mentor for me, not only in how to best represent client interests in litigation, but also how to effectively invest time and effort in professional organizations and provide community leadership. Indeed, those traits and expectations are core elements in our firm culture."

After his first foray into committee service with the DBA, Charlie became an active multi-dimensional contributor to the DBA. He was one of the founders of the DBA's Intellectual Property Seminar and Federal Practice Update Seminar. Charlie helped organize the Carl D. Kessler Inn of Court.

He recognized that service to the local bar not only makes Dayton a better place to practice law, but a better place to live.

Charlie served as president of both the Dayton Bar Association and the Dayton Chapter of the Federal Bar Association. When admission to the United States District Court for the Southern District of Ohio required

successful passage of a multiple choice exam, Charlie helped draft, administer, and grade those exams to make sure any lawyer seeking to practice in the local federal bar was qualified to do so. For years, Charlie presented a thirty-minute lesson on removal doctrine at the Admissions Seminar and CLE for the United States District for the Southern District of Ohio. This service, which Charlie provided twice a year for lawyers about to be sworn into the Southern District of Ohio, was an invaluable lesson on a complicated legal doctrine. But most importantly, Charlie would always end his presentation telling the newest members of the federal bar that if they had any question about removal doctrine, assuming no conflict of interest, all they had to do was pick up the phone and give him a call.

In 2011, Charlie served as Chairman of The Air Force Museum Foundation. The Foundation’s goal was to raise money for a building to house a collection of presidential aircraft.

In addition, Charlie promoted his work as an effort to enhance the Museum's ability to serve as a platform to increase the education of students and teachers in science, technology, engineering, and mathematics. During his tenure as Chairman, the Museum received a record $10 million pledge from Lockheed Martin Corporation. Charlie typically described his work as Chairman as a second job, and he invested as much dedication as he did in his "day job."

Charlie always encouraged those working with him to think outside of the box and find creative solutions for client problems. In the 2000s, Charlie noticed that too many young lawyers were not receiving the kind of trial experience that helped him thrive when he began practicing law in the 1970s. This idea resulted in a new initiative for the firm: the Faruki Public Defender Program. The firm loaned associates to the Montgomery County Public Defender’s Office. The firm continued to pay the associate’s salary while he or she worked as a Public Defender. As his longtime partner, Jeff Ireland, explained, "this program

937.222.7902

achieved a balance: advance the training of his lawyers, while performing a valuable service for the public." The program earned multiple public service awards, including the Montgomery County Common Pleas Court Public Service Award.

In 2015, Charlie joined the Ohio Supreme Court’s Board of Professional Conduct.

Charlie served as a commissioner on the Rules Committee. The primary responsibility of the Board is to adjudicate allegations of lawyer or judicial professional misconduct and make recommendations to the Supreme Court regarding the appropriate sanction to be imposed when a lawyer or judge is found to have engaged in professional misconduct.

The Board also plays a significant role in promoting and enhancing compliance with the standards of professional ethics by members of the Ohio Bench and Bar. Charlie’s role as a commissioner embodies both a contribution to the improvement of Ohio’s justice system and a respect for the rules that govern us as attorneys; rules designed to raise the quality of legal representation.

Service to the community is a value embodied by the firm and it is very much in Charlie's image. All of the firm's attorneys are members of the Dayton Bar Association, Ohio State Bar Association, Federal Bar Association, and the Carl D. Kessler Inn of Court. Attorneys also serve on non-profit boards, coach high school mock trial teams, and serve as leaders and contributors to national, regional, and local legal associations. Charlie would invite

continued on page 26

www.daybar.org

March 2018 Dayton Bar Briefs

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Charlie Faruki Retires continued from page 25

Ohio Lawyers Assistance Program (OLAP)

every new attorney out for a one-on-one lunch and, invariably, during this meeting he would encourage the new attorney to not just attend local bar functions, but to be active in the bar and the community. Charlie also welcomed, no matter how busy he was (and he was always busy) the opportunity to mentor young associates. A former summer associate and now a partner with the firm, Erin Rhinehart recalls numerous occasions throughout her career when Charlie would make time to listen and offer advice. When asked whether any of Charlie's advice still resonates today, she smiled and said, "all of it." But, if she had to choose one piece of Charlie's advice that can be drawn upon during any situation, it is this: "Always remember, your own integrity comes first, and must be your guide." No doubt, Charlie did more than give lip service to these words; he lived and practiced by them daily.

In law school, we learn that being a lawyer is more than just a job. It is a profession and a responsibility that changes the way in which you look at the world and, in turn, the way the world looks at you. When you are the lawyer on the board, others look to you for process and guidance. Friends turn to you with problems and concerns. The title of lawyer presumes wisdom and leadership. Charlie exuded both and he inspired members of our bar to strive for both.

The Ohio Lawyers Assistance Program is a private, non-profit organization dedicated to helping Ohio's judges, attorneys and law students obtain treatment for substance abuse, chemical dependency, addiction, and mental illness.

Services offered through OLAP: - Confidential advice about individual problems - Help arranging and implementing formal interventions - Help in deciding between outpatient, inpatient, and other treatment programs - Monitoring and aftercare services If you or a colleague you know need help, contact OLAP. Your confidentiality, the confidentiality of anyone about whom you express concerns will be protected.

OLAP Toll-Free Helpline is open 24/7 800.348.4343 www.ohiolap.org

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

Profession pport Services Firm

Paralegal Committee Meeting

 Polygraph

Thursday, March 15, 2018 | 12:00pm Montgomery County Court of Common Pleas Courtroom #8, 4th Floor

 Asset Searches  Criminal Defense

featuring::./,

Judge Michael Brigner

The Honorable Michael Brigner will be speaking on the topic, "Domestic Violence".

Judge Brigner is an expert on Domestic Violence and it's legislation, which he has participated in writing for Ohio.

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Dayton Bar Briefs March 2018

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

937.222.7902

www.daybar.org

March 2018 Dayton Bar Briefs

27

law-related organizations Dayton Bar Association Foundation

Your generous gift will make a difference.

The Dayton Bar Association Foundation is the charitable giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBA Foundation to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law.

In the past few years your contributions helped to fund grants from the DBA Foundation to:

To obtain more information about the Dayton Bar Association Foundation

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

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

University of Dayton School of Law

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Dayton Bar Briefs January 2018

Greater Dayton Volunteer Lawyers Project

Let Us All Join Hands

By Tom Snelling Paralegal Greater Dayton VLP

W

hile it is sad to admit it, America’s social safety net has shrunk and continues to do so. Charities and non-profits that pick up the slack have taken a hit to funding as well. Due to this more and more people every day fall through the cracks in the system.

Fortunately, there has been movement in the non-profit community to address this problem: Collaboration. Through collaboration, the Greater Dayton Volunteer Lawyers Project (GDVLP) can expand its reach into the community and help more individuals rise out of poverty.

Agencies are joining together to combat some of society’s biggest problems such as unemployment and domestic violence in a new holistic way. It does make our jobs a little more complex and we lose a bit of our autonomy, but as we have found the many benefits outweigh any drawbacks to this idea. Here are a few benefits that make collaboration the new way forward: • Enhanced Programs - By joining together agencies can now provide access to their clients to a comprehensive network of services easily and efficiently. For example, instead of a client having to hunt each organization down a client can now take an agency’s class on job hunting skills and is then passed to another agency that specializes in job placement and training and further to a group for help with criminal records. The client is less likely to slip through the cracks and has a much higher chance of success.

• Easing of Client Recruitment – Clients that would normally

be only with one agency are now seamlessly referred to partner agencies. Not only does this make for a better and easier experience for the client, but for the organization this acts as a fresh pipeline of people who need assistance.

• New Ideas – By bring staff members with different backgrounds together, nonprofits can use their diverse skills and viewpoints to develop unique new plans and programs to combat complex issues that would normally be out of reach.

• Increased influence – The bigger you are the easier it is to be heard. Due to this, the voice of smaller organizations can be lost in the crowd of government agencies, large businesses, or even bigger nonprofits. By joining together the collaborative has a much larger voice to advocate for their causes to government or the private sector.

Like all new concepts, it can take some getting used to going from being completely separate to extensive group effort. However, the chance of rewards for both client and agency are great. Hopefully, collaboration will take one step closer to a nation where no one is ever forgotten and no one is ever lost in the system.

Please volunteer through the GDVLP and become part of our collaborative efforts! We can provide courtroom experience or schedule you for a clinic to help prepare pro se paperwork. Call us at (937) 461-3857 or email gdvlp@gdvlp.org!

Countless Men, Women and Children are Denied Justice Every Day Simply Because They are Poor Please tell us what you are willing to accept as pro bono work. Personal Representation of an Indigent Client: Divorce/Family Law Bankruptcy Consumer Issues Contract/Warranty disputes SS, SSI, SSD Tort Defenses Predatory Lending Stalking Protection Orders Civil Protection Orders Wage Claims Employment Disputes Guardianships Probate Homeownership Disputes Landlord/Tenant Disputes Health Care (Insurance Claims, Nursing Home Issues Other Or, you can choose from the options below: Acceptance of 1-2 Clinics (Batched Cases) per year - GDVLP provides paralegal, secretarial and runner services for these cases.

Please specify Divorce, Chapter 7 Bankruptcy, or Expungement Assistance to 1-2 Non Profit Corporations in the Western Ohio Region Acceptance of 3-5 Guardianships with guardians provided through The Guardianship Program (person only) In addition: I will be available to provide pro bono civil legal assistance to victims if there is a community emergency (tornado, natural disaster) www.daybar.org

Please return this form to VLP:

By Mail: 610 Performance Place, 109 N. Main St., Dayton OH 45402

By Fax: to (937) 461-4731

By Phone: (937) 461-3857

By E-mail: kelly@gdvlp.org Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:_______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________ March 2018 Dayton Bar Briefs

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

DAYTON

ATTORNEY JOE GIBSON of Gibson Law Offices in Vandalia was recently elected Mayor of Tipp City, Ohio. In their organizational meeting in January the City Council of Tipp City elected him Mayor for a 2-year term. He previously served as Council President. Joe is the immediate past-Chairman of the DBA’s Workers’ Comp/Social Security Committee.

BRUSH

GIBSON

MAGISTRATE BRANDON C. MCCLAIN is this year’s recipient of the University of Dayton School of Law, Black Law Student Association’s “Joseph Cinque Award”. This annual award is presented to a UDSL Alumni or other legal professional who has exhibited exemplary leadership, service, community involvement and mentorship to the Dayton community and young legal professionals. This McCLAIN year’s awards ceremony and banquet will be held at UDSL on Friday, April 6th at 6pm in the Keller Hall Atrium.

SCHAEFFER

Pickrel, Schaeffer & Ebeling, Co., LPA is pleased to announce that ALAN B. SCHAEFFER has been selected as 2018 Ohio Super Lawyer. Each year, no more than five percent of attorneys in the state of Ohio are chosen to be listed as an Ohio Super Lawyer. Alan has been selected as Super Lawyer every year since 2005. Alan B. Schaeffer, is a shareholder with the firm and practices in the areas of construction law, land use planning, zoning, real estate law and municipal law.

The Law Office of ALFRED WM. SCHNEBLE, III. is pleased to announce that Mr. Schneble III. accepted a teaching position that began with the January 2018 semester, and is now teaching Legal Ethics at the University of Cincinnati College of Law.

SCHNEBLE III.

Dungan and LeFevre is pleased to announce that firm Partner, SARAH G. WORLEY, has been certified by the OSBA as a Specialist in the area of Estate Planning, Trust, and Probate Law. In order to obtain her certification, Ms. Worley passed a written examination, demonstrated substantial and continuing involvement in her practice area, submitted professional references attesting to her WORLEY competency, and earned a minimum of 36 hours of advanced legal education in her practice area. There are less than 200 attorneys in the entire State of Ohio who have achieved this certification. Ms. Worley’s additional practice areas include, Business Law and Business Succession Planning.

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MILLER WALKER & BRUSH is pleased to announce that, Michael Brush was selected to the 2018 Ohio Super Lawyers list. Only 5% of attorneys in Ohio receive this selection. Each honor is reserved for those lawyers who exhibit excellence in practice.

Dayton Bar Briefs March 2018

CONNELLY

MILLER, WALKER, & BRUSH is pleased to announce that Mary Ellen Connelly joined the firm in September, 2017. Before joining MWB, Mary Ellen began her career at the Montgomery County Prosecutor’s Office where the majority of her time was served as a felony docket prosecutor. From there, she became an associate attorney at Dyer, Garofalo, Mann & Schultz working in the litigation department. Mary Ellen focuses her practice on criminal defense, domes tic relations, and personal injury cases.

MILLER WALKER & BRUSH is also pleased to announce that Michael Miller has been selected to the 2018 Ohio Rising Stars list. Only 2.5% of attorneys in Ohio receive this selection.

MILLER

TAFT STETTINIUS & HOLLISTER LLP announced that it has adopted a one-class partnership structure, eliminating the two-tier system (equity and non-equity) that had been in place for more than 25 years.

After several months of study conducted by an eight-person taskforce and following an extensive process seeking input from all of the firm’s partners, Taft’s Executive Committee unanimously proposed the new structure to its equity partners for their vote and approval. Today, Taft has approximately 415 attorneys of which more than 100 gained equity and voting status effective as of Jan. 2, 2018. “The one-class structure gives all partners a ‘meaningful seat at the table’ with full eligibility for any leadership positions in the firm. Overall, we hope this encourages, energizes and empowers all of our partners, including all of our new or younger partners, to make a positive impact on the future success of Taft,” said Taft Executive Committee Member Barbara A. Duncombe.

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INCREASE YOUR VISIBILITY!

LOCAL COURT RULES

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

MEDIATION/ARBITRATION

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

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OFFICE SPACE FOR LEASE

The Chancery Club Luncheon(s), The Old Courthouse March 16, 2018; April 6, 2018; May 11, 2018 @ 11:30am doors open DBA Young Lawyers Division (YLD) Networking Event, Brixx Ice Co. Thursday, April 5, 2018 @ 5:30pm The DBA First Annual Women in Law Forum, UDSL, Room 103, Room 111 Saturday, April 7, 2018 @ 9:00-12:00pm

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2018 Diversity Day, Sinclair Community College, Bldg 12 Friday, April 13, 2018 2018 Domestic Relations Institute, Sinclair Community College, Bldg 12 Friday, April 20, 2018 Celebration of Life Memorial Luncheon, Sinclair Community College, Bldg 12 Tuesday, May 15, 2018 @ 11:30am doors open 50 Year Honoree Luncheon, Sinclair Community College, Bldg 12 Wednesday, October 10, 2018 @ 11:30am doors open

March 2018 Dayton Bar Briefs

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Dayton Bar Association 600 Performance Place 109 N. Main St. Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED

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