Rachel E. Frutkin, Marketing and Design

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Brand, logo, and company development Social media marketing / Public Relations Ad sales campaigns Content Management Customer Relationship Management

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Development and creation of organization’s branding to include custom logo, marketing and business collateral, gear and apparel, website and newsletter creative. Examples shown.




Vol. 1 No. 2| March 2011

A MESSAGE FROM RACHEL

BRINGING HOME BABY

WORKING MOM ORGANIZER

must admit, when I first published the February newsletter, I was a little apprehensive. I was nervous that everyone would think it was hokey and silly, but boy was I wrong. The feedback from the February newsletter was phenomenal. I’m very pleased with the outcome.

Great news! Baby & Me: Friends & Playdates ~ Eastside has just added a new committee!

As a full-time working mom, Kelly Salvatore needed more playdates to fit within her busy schedule. In February 2011, Kelly began her own playgroup geared specifically toward working mothers.

I

I am excited to bring you the March edition of the Baby & Me newsletter. In this issue, we will hear from members writing about and organizing events that are important to them. We will showcase March birthdays, as well as new and exciting events for members. The month of March also brings Daylight Savings Time, a busy St. Patrick’s Day week and most importantly, the first day of spring! I’d like to take a moment and thank you for your continued support and participation in this playgroup. We would not be here today if it weren’t for members like you. I wrote a group review this afternoon and while writing it, it occurred to me that I finally found the friends I’ve needed in my life. Not only for my son, but the bond of female friendship that is so hard to find in the workplace or in other playgroups. Even though I don’t work in an office setting, my “door” is always open. I love hearing new ideas for meetups, learning about potential opportunities for our group, and knowing what is important to you. Please know that I am always available and your input is valuable and never taken for granted.

The latest addition to the Baby & Me committees is the “Bringing Home Baby” committee. As more and more members are expecting new additions to their families, I thought it appropriate to start a committee focused on helping these families adjust when the time arrives. The addition of new committees will also provide members an opportunity to become more involved — not just with playdates! The creation of committees has also opened more opportunity for leadership in Baby & Me. If you are interested in joining the Bringing Home Baby Committee, or if you have any questions regarding this or any other committee, please email me at babyandme.eastside@gmail.com.

After much discussion with Kelly about her needs and the time-commitment it takes to run a playgroup, and evaluating the needs of Baby & Me members, I decided to create a working mom role for Baby & Me. Baby & Me: Friends & Playdates ~ Eastside has quite a few full-time, and part-time, working mothers. It has been a challenge to find dates and times that work well for everyone in the group. I am certain the new role of the “Working Mom Organizer” will fill this void. I am proud to announce that Kelly is the “Working Mom Organizer” of Baby & Me: Friends & Playdates ~ Eastside. As the Working Mom Organizer, Kelly will oversee playdates for families with full-time working mothers. Most of the working mom playdates will occur on weekends or in the evenings. Please join me in welcoming Kelly as the “Working Mom Organizer.”

Congratulations, Katie and family! Jordan Ly Terman made his grand appearance on February 23, 2011! He arrived weighing in at 7 lbs 14 oz, and was a delight to his family right from the start. His big sister, Sierra, couldn’t love him anymore. Congratulations to the entire Terman family!


BABY & ME BOOK CLUB Baby & Me: Friends & Playdates ~ Eastside is excited to announce the Baby & Me Book Club! Sarah will be coordinating the book club. Here’s a message from Sarah: Hi Everyone! My name is Sarah and I’ll be heading up the Baby & Me Book Club! This will be a great way to get to know each other, read some new books and have some additional “moms’ nights out!” I know we are all busy moms so I am planning on having our group meet every 6 weeks so that we can all get the book and have a chance to read it. Also, I am looking for any book suggestions and people willing to host at their houses or have ideas about restaurants that would let us have our meetings there. We will use a vote to pick our first book. And if you can’t make each book club gathering, please don’t feel like you can’t join! Please email me at sari.sabourin@gmail.com if you are interested in joining!

NATIONAL NUTRITION MONTH by Kelly Salvatore, MEd, CHES – Health Educator at the Cleveland Clinic Saint Patrick’s Day means one thing to me: Beer. While I’m proud to be able to do an Irish Car Bomb and not skip a beat, I have to say since I have had a baby, I rarely find time to indulge. This is probably a good thing because I don’t need the extra calories or the hangover the next day, for that matter. While we may see an invasion of leprechauns during the month of March, it also serves as National Nutrition Month. As this nation is becoming more health conscious, moms are trying to make sure their children are eating as healthy as possible (with an occasional treat here and there, of course). I am lucky that my daughter eats her vegetables when they are given to her before the main course, but if you, like many, have a child that loathes those greens, try mixing them with something else that your child loves. Sneaky I know, but usually successful nonetheless.

For example, if you have a ricotta mix for a dish such as baked ziti or manicotti, try adding basil, peas and swiss chard with some onion for a vegetable overload and I promise they won’t taste a thing but the basil (this technique usually works on picky husbands as well). Try adding some chickpeas to the occasional chocolate chip cookie recipe to add some nutrients to those beloved treats. Homemade broccoli and cheese soup is easy to make and usually a smash if your kid likes cheese. The broccoli adds plenty of iron and fiber. Making a homemade pizza (I just buy the pizza dough) and hiding the veggies underneath the cheese is also a good strategy. If you are determined to get those veggies into your child’s day, it may take a little creativity, but with a little thinking outside the box, it can be done! Fruit is usually a little more agreeable because of the sugar component. I advocate taking advantage of seasonal fresh fruits especially with spring and summer coming soon. Our choices will start to become much more abundant and in no time you could be giving your child fresh strawberries for dessert instead of cookies or ice cream. Encouraging sweet treats

Are you outgoing? Do you like helping fellow moms? Do you like planning events or meetings?

If you answered “yes” to any of those questions, a Baby & Me committee may be for you! We are currently looking for members for the “New Member Welcome Committee,” the “Holiday Party Committee” and the newly formed “Bringing Home Baby Committee!” For more information, or to join a Baby & Me committee, email Rachel at babyandme.eastside@gmail.com.

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Cailey (Courtney Zelwin)

Paul (Sarah S)

Emily Yee Delaney

Logan (Stephanie S.)

David (Kathy AdamsCase)

Beth Comet

Stephanie S.

like fruit now will help curb their need for those dreaded chocolate bars and candy in the checkout aisle at the grocery store later. If you condition them to love healthy sweets instead of empty sugars, you will be in and out of the grocery store in a breeze.

RECIPE: VEGETARIAN BREAKFAST BURRITO

One important point I would like to make is to keep trying new foods with your children. If they don’t eat it on Monday, they may like it on Friday. They may enjoy a veggie with a little cheese on it, or maybe in their eggs. Be persistent but not pushy. If you have tried every which way to get your child to like peas but they just spit them out every time, introduce them again in a month and see if you get the same result. Be inventive, but if you, like me, don’t have time to create a new meal every night of the week, use the resources we have at our fingertips! There are plenty of websites with great recipes for kids that incorporate vegetables and fruit!

Vegetarian Breakfast Burrito Prep time: 10 minutes Cook time: 5 minutes Total time: 15 minutes

In honor of National Nutrition Month, I wanted to share a recipe I found on babycenter.com. It looks delicious and I can’t wait to try it!

nonstick skillet over medium heat. When melted, swirl around the bottom of the pan to coat. Add the eggs and season with salt and pepper. Stir the eggs with a nonstick spatula or wooden spoon until eggs have set, about 3 minutes. Add cheese and stir to combine. When the eggs are almost done, warm the tortilla in a microwave for 15 seconds. Or warm in a

Ingredients 2 large eggs 1 teaspoon butter Salt and pepper 1/4 cup shredded Monterey Jack cheese One 10-inch whole wheat tortilla 2 tablespoons salsa 2 tablespoons chopped scallions Whisk the eggs together in a bowl until combined. Heat the butter in a small |3


300˚ oven for several minutes as you begin cooking the eggs. Lay the tortilla out on a plate, and spread the cheesy eggs, salsa, and scallions across the middle. Roll the tortilla into a burrito, and serve immediately. (Makes 1 serving)

If you are interested in hosting a recipe swap, or if you have any questions about recipe swaps, please email me at babyandme.eastside@gmail.com.

up front and honest helps everyone make informed decisions. And if you are ever in doubt, back out. Everyone will understand and will appreciate your discretion.

PLAYDATE ETIQUETTE

WRITERS WANTED

RECIPE SWAPS

by Emily Gold, Event Organizer

One of the funnest playdates we have on the calendar is the Baby & Me Recipe Swap. Recipe swaps are great ways to find new recipes and enjoy a yummy (and a sometimes — but not always — healthy) snack! The kids love recipe swaps just as much as we do. They get to play at their friends’ houses, eat sweet and salty treats, and generally run amuck.

We all know it’s going to happen, kids get sick. We can’t totally avoid it. And, as a bonus, we get to learn new and exciting skills. My personal favorite is how to torture your child with nasal aspiration.

I am currently seeking authors, articles and ideas for the April issue of the Baby & Me monthly newsletter. If you are interested in becoming a contributor, authoring a piece, or just have an idea for submission, please send me an email at babyandme.eastside@gmail.com. All items to be included in the Baby & Me monthly newsletter will be reviewed by the leadership team and must be approved prior to publication. If you would like to submit a piece for the April issue, please send it in no later than April 5th.

Here are some things to keep in mind both when hosting and attending a recipe swap: If you are hosting a recipe swap, remind yourself that your house may be a little messier afterward than the usual playdate. Crumbs may be dropped, a used napkin may be found several days later in the toy box, or your dog or cat may sneak a little snack from a tiny hand under the table. Just relax and have a good time. Remember that naptime is usually a lot better after the chaos of a recipe swap! If you are a guest at a recipe swap, please make sure you are courteous and clean up after yourself and your child(ren). Common sense is key, and we all appreciate it. Also, make sure you keep your RSVP current at all times if you have indicated you will be attending a recipe swap. There is nothing worse than guests backing out at the last minute. If there is a waiting list, members on the list need ample time to prepare their recipe should a spot open up. Recipe swaps often have themes. This month’s theme is Green Food for St. Patrick’s Day. All of the foods made and served at this swap will be green! At the conclusion of the recipe swap, all recipes are posted to the Baby & Me message board. This enables all of us to reap the reward of sharing recipes, even when we aren’t able to attend a swap.

Being a member of a playgroup brings another challenge – what to do when you are scheduled to go to a play date and your kid is sick. It’s easy to make that choice when they have a fever or a nasty cough. But what if it’s not so clear cut? We all know that kids act in strange ways, and that doesn’t mean they are sick. And Baby & Me: Friends & Playdates ~ EastsideTM is nobody wants to bail on a play date, espe- a not-for-profit group focused on creating and maintaining new friendships for both babies cially at the last minute. and moms.

When deciding whether you should keep your child at home, it is important to take into account all the factors: •Your child – You know your child best. If you show up with a runny nose, everyone will assume you know that they aren’t contagious – maybe it’s just hay fever! •The play date – Consider the surroundings and the type of play date. Kids are exposed to each other less at a mall walk, as they are stuck in their strollers most of the time. But there is a lot of contact with each other and sharing of toys when they are at someone’s house. Would you want a sick kid gnawing on all of your child’s toys? •The people around you – Everyone has a different level of susceptibility and ability to fight off an infection. So consider the ages of the babies, especially if newborns are going to be present. Or maybe someone has just finished up with a round of illness and has been itching to get out of the house. The last thing they want to do is get sick again! You can always contact the host of the play date to see what they think. Being

Rachel Frutkin-Beachler is the Founder and Organizer of Baby & Me, and the publisher of the Baby & Me Newsletter. She can be reached at babyandme.eastside@gmail.com. Emily Gold is the Event Organizer and can be reached at emilyhgold@gmail.com. Kelly Salvatore is the Working Mom Organizer and can be reached at kels1780@hotmail.com.

Thanks for reading. Until next time −

Color

Your DaYs Bright!

Don’t forget to spring forward!

Daylight Saving Time Begins on March 13th at 2:00 am! |4


Baby & Me Merchandise



Bar Journal of the Cleveland Metropolitan Bar Association Rock the Foundation IV: Foundation Night Fever


Manage editorial content and provide creative direction for layout and production of monthly magazine. Monthly readership exceeds 5,000. Excerpts shown.


BAR JOURNAL

OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION VOL. 1 NO. 9 | DECEMBER 2008

CH

A Wh Rethinki RITABL y No n w M g your H E GIVIN ay B G e a G oliday G ift Li reat st — Time EST t o Give Com ATE P It Aw L pleti ay ng th ANNIN e Est The G at Ethic al W e Plan: ill CL EVE LAN F O D BA Are U N We Men DATIO R N or

Are We Mice ?


f e a t u r e s

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Completing the Estate Plan: The Ethical Will BY ROSE FINI

OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION VOL. 1 NO. 9 | DECEMBER 2008

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Spend Now or Gift Later? The Conflict BY ERIC SCHWARZ

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Learning from Leona: Pet Trusts and Planning BY HOWARD S. RABB

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Rethinking Your Holiday Gift List— Why Now May Be a Great Time to Give It Away

Charitable IRA Rollovers: Read the Fine Print BY JOSEPH MENTREK

Are We Men or Are We Mice?

BY MARY K. WHITMER

Creative Philanthropy for Attorneys Using the cy pres doctrine for charitable purposes BY MELANIE SHAKARIAN

BY RENNIE RUTMAN

Opting Out Is Hard To Do: The U.N. Convention on Contracts for the International Sale of Goods and Boilerplate Choice of Law Provisions BY STEPHAN J. SCHLEGELMILCH

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BAR JOURNAL

The Upside of Charitable Giving in a Downturned Economy BY STEPHEN GARIEPY

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Advanced Directives in Same-Sex Relationships BY MARC L. STOLARSKY

Giving Back to Your Law School: The Benefits of Planned Gifts BY MARINA CORLETO FRIEDMAN


COMPLETING THE ESTATE PLAN: THE ETHICAL WILL

by Rose Fini

“Wealth, purposefully transferred from one generation to the next, is not limited to your material assets.” -Susan Turnbull, The Wealth of Your Life As the sophisticAtion of estAte planning techniques increase, one very meaningful component remains absent from many plans – the Ethical Will. Ethical wills provide individuals and families an opportunity to fill in the gaps of information regularly-used estate planning tools are unable to fill, namely the rich personal stories, family histories and personal messages. In the absence of a final personal message, it can be disorienting when the last communication between loved ones is a formal will, communicated in legal terminology.1 People yearn for something to help transcend their grief, and Ethical Wills can do this and more. ORIGINS Ethical wills are not new. Many authors trace their origins to the Hebrew and Christian Bibles citing examples of one generation imparting to the next, “life lessons” and faith-based values.2 Others have compiled extensive collections of Ethical Wills by “famous and ordinary Jewish people.”3 Another author highlights their use in medieval times when it was a custom to write a letter to descendants, passing on guidelines for living a worthy life.4 One developmental psychologist and licensed counselor, who was unaware of the Ethical Will tradition, developed similar tools to aid her in dealing with the sudden loss of her father which she calls “Final Words.”5 SO WHAT EXACTLY ARE ETHICAL WILLS? From a traditional perspective, an Ethical Will is a written narrative that passes on an individual’s 1 P olce-Lynch, Mary, Ph.D. (2006). Nothing Left Unsaid: Creating a Healing Legacy with Final Words and Letters.New York: Marlowe & Company.

Baines, M.D., B. (2006). Ethical Wills ( 2nded.). Cambridge: Da Capo Press.

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Riemer, J. and Stampfer, N. (Eds.). (2006). So That Your Values Live On – Ethical Wills and How to Prepare Them (6th ed.). Woodstock: Jewish Lights Publishing.

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Trunbull, S. (2007). The Wealth of Your Life: A Step-by-Step Guide for Creating Your Ethical Will (2nded.). Wenham: Benedict Press.

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personal values, beliefs, blessings and advice to future generations.6 In a survey of the literature, it is clear that Ethical Wills have come to take on many different purposes and styles. Notwithstanding the differences, a fundamental component of an Ethical Will should be a biographical sketch, whether detailed or brief, to provide context for the substantive provisions of the document. e following describes three of the main purposes Ethical Wills fulfill: PRESERVING PERSONAL OR FAMILY HISTORY “My mother told me the other day that there’s a lot she’d like to know but there’s nobody left to ask. The door to the past is closed.” - Garrison Keillor (Chicago Tribune) As the burgeoning, genealogically-interested baby-boomer generation pursues its family’s history, many are sadden by the missed opportunity to ask their parents questions while they were still alive. Ethical Wills can prevent such meaningful information from being lost and can be used to communicate and preserve personal or family history. Elements would include a description of familial lineage, review of an individual’s or family’s accomplishments and challenges, and recollections of special memories, among other topics. 5

Polce-Lynch, at page 15.

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Baines, at page 1.

7

Turnbull, at page 2.

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Baines, at page 28.

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An Ethical Will with this focus greatly assists those future generations who may want to compile the family’s history. Immigration stories, the origins and struggles of the family business and favorite traditions add dimensions to these Ethical Wills. Some individuals also add medical history to help their loved ones prevent or treat illness. SHARING LIFE’S LESSONS AND VALUES e Last Will and Testament and financial documents address what individuals want their loved one to have, but Ethical Wills address what an individual wants their family to know.7With this purpose in mind, individuals can use Ethical Wills to share what they have learned in life, share stories about influential people, describe formative life events and pass on cherished values. ese messages can be directed to specific individuals or to a larger audience. Ethical Wills are also sometimes used to address the weighty topic of asking for or offering forgiveness. Dr. Barry K . Baines, author of Ethi c a l

Turnbull, at page 2.

Spence, Linda (1997) Legacy: A Step-By-Step Guide to Writing Personal History. Athens: Swallow Press/Ohio University Pressa. 10

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Polce-Lynch, at page 3.

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planning decisions, individuals want a forum in which to explain why they made certain

Wills, believes that folks who are middle-aged and beyond are best situated to “harvest life experiences, convert them into wisdom and fulfill the responsibility of passing on what we have learned to future generations, our families, or communities.”8 ADDING PERSONAL VOICE TO LEGAL DOCUMENTS Although great care must be used, some folks choose to explain property distribution decisions in an Ethical Will. Overall, because the legal will and trust documents do not include explanations of certain estate

vidual, or the individual who is endeavoring to cra his or her own Ethical Will, include specific qualifying language in the Ethical Will which specifically states that the legal documents control in the event of any perceived conflict between the two documents. Fundamentally, there should be no contradictions between the two documents. HOW ARE ETHICAL WILLS CREATED? Ethical Wills can be handwritten, type-written, or in audio or video format. Many speak of the tangible benefits of holding a loved one’s written words in their hands, while others take comfort in hearing and seeing their loved one speak to them through audio or video messages. Just as there are many Ethical Will formats, there are many strategies for craing them. As mentioned above, an individual may cra an Ethical Will on their own by

decisions. ey may also want to tell the story behind the assets that may be inherited, elucidate favorite possessions and why they have become so, or reveal why the family has come to adopt certain charitable causes to support. It is extremely important that the professional who is working with the indi-

Trusts, Estates & Appraisals Gray’s Auctioneers understands the unique needs of those handling an estate with a wide variety of property.

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Recent estates and collections include: The Collection of Ambassador Frank Ruddy, New York City; The Estate of Odette Valabregue Wurzburger (Tucker Ellis & West LLP, Cleveland). Please contact our Trusts, Estates & Appraisals department at appraisals@graysauctioneers.com or Deba Gray on 216 458-7695.

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1) An 18th century Italian Majolica Albarello, now mounted as a lamp. Price Realized $6,200; 2) A pair of Mappin & Webb modern English five-light candelabra. Price Realized $7,500; 3) Arthur G. Rider (American 1886 –1975), Cracked Bottle, oil on canvas. Price Realized $8,000; 4) An 18kt.gold & diamond bar link chain necklace by Cesar. Price Realized $11,000; 5) A pair of Regency mahogany cellarettes. Price Realized $10,000; 6) A Van Cleef & Arpels 18 kt. Gold & diamond dome ring. Price Realized $4,600; 7) Cundo Bermudez (Cuban 1914 –), Figures with a Fish, pen & ink on paper. Price Realized $8,000. 10717 Detroit Ave Cleveland, Ohio 44102

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www.graysauctioneers.com

DECEMBER 2008

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using any of the references identified in the article or other sources. However, some may find this task a bit daunting, particularly when one sits down in front of a blank sheet of paper attempting to communicate one’s legacy. In this context, assistance from a professional may be helpful.

EDUCATE CLIENTS ABOUT ETHICAL WILLS As more individuals become aware of Ethical Wills, there still may be a reluctance to utilize this tradition since it means facing one’s own mortality. For the same reasons, many individuals procrastinate in their preparation of estate planning documents. However, once an attorney is meeting with clients to complete the estate plan, providing information about Ethical Wills would serve the client well. e attorney would be opening the door for the clients to effectively complete the estate plan by

e n abl i ng clients to ensure that the multiple dimensions of their lives and legacies are fully and personally addressed.9 Especially because distance and busy lives separate many of our families, Ethical Wills provide an opportunity to strengthen family ties.10 In addition, during the

ponent of the estate plan which may have immediate as well as long term beneficiaries. ■ Rosalina M. Fini, JD, received her bachelor’s degree from John Carroll University in 1991 and graduated from Cleveland-Marshall College of Law in 1994 and as admitted to the Ohio Bar in November 1994. She currently is the Director of Legal Affairs at the Cuyahoga County

process of draing or creating Ethical Wills, sometimes the writer, in reflecting on life, relationships and values, comes to unexpectedly discover what may be missing. is, oen times, leads to an effort to deepen and enrich relationships or clarify life’s purpose while individuals still have the chance.11 Indeed, Ethical Wills prove to be one com-

Community Mental Health Board, and is the owner of Legacy Videography. She can be reached at 440.376.7295 or legacyvideography@vzw.blackberry.net.

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DECEMBER 2008

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Rethinking Your Holiday Gift List —

Why Now May Be a Great Time to Give It Away by Rennie Rutman

the combinAtion of

low interest rates and the precipitous reduction in the market value (although perhaps not the intrinsic value) of, well, most things worth giing, makes this an opportune time to implement certain leveraged wealth transfer strategies. Several of these techniques, one of which is discussed below, effectively permit a transfer of assets with absolutely no estate tax, gi tax, or even income tax cost to the transferor.

(“gi tax exemption”) to the excess and shield that excess from federal gi tax. e State of Ohio does not impose a gi tax on lifetime transfers. e general rule in 2008 is that an individual may transfer at death (e.g. by trust, last will and testament, beneficiary designation, or joint ownership arrangement) up to $2,000,000 to anyone free of federal estate tax and up to $338,333 to anyone

e transfer tax system literally taxes the transfer of wealth from one person to another. Transfers during lifetime are subject to the gi tax, and transfers at death are subject to the estate tax. Both types of transfers may be subject to the generation skipping transfer-tax, a discussion of which is beyond the scope of this article. During lifetime one may gi an amount equal to the federal annual exclusion, currently $12,000, to an unlimited number of people each year, provided the gi is a gi of a "present interest." In general, if the recipient of the gi has the ability to utilize and enjoy the gi when it is made, the gi will satisfy the present interest requirement. If an individual makes a gi during lifetime in excess of the annual exclusion, she may elect to apply some of her federal $1,000,000 lifetime gi tax exemption amount 16 |

CLEVELAND METROPOLITAN BAR JOURNAL

free of Ohio estate tax. e excess transferred is taxed at a maximum rate of 45% by the federal government and 7% by the State of Ohio.

tate tax. e Ohio rule is different, and generally, Ohio’s $338,333 estate tax applicable exclusion amount is reduced only by the value of gis made within the last three years of one’s life, with a $10,000 per donee, per year, exemption from the calculation. e federal estate tax applicable exclusion amount is scheduled to increase to $3,500,000 in 2009, become unlimited in 2010, and decrease substantially in 2011. However, the lifetime gi tax exemption amount is not scheduled to increase; thus, even if the estate tax applicable exclusion amount adjusts as set forth above (and few estate planners believe it will), there is still an effective $1,000,000 cap (exclusive of annual exclusion gis) on gi tax-free transfers during lifetime. For those who do not wish to make taxable gis, or those who wish to transfer more than $1,000,000 during lifetime, leveraged wealth transfer strategies must be employed.

One exception to this general rule is that any gi tax exemption utilized to shield lifetime gis reduces, dollar for dollar, the amount that may be transferred at death without incurring federal es-

e efficacy of several wealth transfer strategies is largely determined by certain rates of interest published monthly by the Internal Revenue Service (“IRS”). ese interest rates are known as the “applicable federal rates” (“AFRs”), and as market rates of interest decline, so do the AFRs. e

DECEMBER 2008

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ARE WE MEN

OR ARE WE MICE? by Mary K. Whitmer

O

n Saturday mornings, when I was growing up, there were cartoons on TV. One of the favorite themes was a cat chasing mice. e cat bounds aer the scampering mice, who head pell mell for safety. ought to be secure inside their mouse hole, the breathless mice are forced to scurry for their lives as the unwelcome cat thrusts his paw through the threshold to snatch one of them for a quick lunch. Fed up, the mice organize into a group, and select a leader. e mouse leader addresses his constituency and asks them, “Are we men or are we mice?” I thought that was the funniest bit in the whole wide world. I will get back to this in a minute. Recently, I learned via the Plain Dealer, that law is Cleveland’s third largest industry aer education and medicine. Our area has over 10,000 lawyers. Our major law firms are steeped in history with long traditions of excellence. Service to our community has always been a bedrock of our local lawyers’ creed. Lawyers have answered the call to support our community by providing an army of volunteers, over 500 this year, to teach civics in the Cleveland and East Cleveland public schools. We have lawyers who volunteer their time in Cleveland’s homeless shelters, lawyers who coach mock trial teams and lawyers who help to raise money to buy books for the elementary school libraries in town. Lawyers volunteer thousands of hours of pro bono service to citizens who cannot afford to pay for legal services. One of the Foundation’s jobs is to provide opportunities for community service to our bar association members. To do so, we raise money to support these volunteer programs and others. Let me explain the way this works by using the 3Rs program as an example. rough the 3Rs program, over 500 attorneys volunteer one morning each month in the public high schools to act as instructors and 28 |

CLEVELAND METROPOLITAN BAR JOURNAL

role models. Many people give credit to the 3Rs program for the steadily improving Ohio Graduation Test scores in social studies. To run the program, we need to pay for printing costs of student books and teaching materials, organization of the teaching teams, presentation of volunteer training sessions, coordination with the public schools, development and refinement of the curriculum and so forth. Each year, the 3Rs program costs about $80,000. For that $80,000 we build a 3Rs “pipeline”; through the “pipeline” flows $2.5 million of attorney time. us, when a donation is made to the Foundation, it pays for a benefit worth many times the dollar value of the gi. e Foundation pays for its programming like the 3Rs by promoting special events, such as the Halloween Bench-Bar Run and the Rock the Foundation gala. When you see these events advertised, please support them--the failure of one of these annual events means that our outreach to the community will suffer terribly. e Foundation also has an endowment of approximately $600,000 and the principal source of its funding is the contributions of “fellows.” A “fellow” of the Foundation donates $250 per year (tax deductible), for ten years. e total of $2,500 is a meaningful contribution made in a painless way. e Foundation board of trustees will be reaching out for lawyers willing to pledge to help us pay for our community programming.

whether time or money. Our profession can point with pride to its community involvement and accomplishments. Nevertheless, we cannot rest on our laurels. We need to think bigger and do more, as becomes a profession which comprises Cleveland’s third largest industry. We are aware of the monumental difficulties facing our town. We need to identify effective and doable game-changing opportunities and use our collective knowledge to take advantage of them. No other group can match the legal sector’s network of personal contacts and deep working knowledge of the city and county. By combining our vast connections in business, government, religious institutions, education, and medicine, we can make a better and stronger city. erefore, in the next month, we will be assembling an advisory board to the Foundation, for the purpose of changing our city’s environment for the better. No other group is able to do it and there is no other time when we will be needed more. Confronting the great challenges of our city is a big job. Like the mice confronting the cat, the question is, are we men (and women) or are we mice? We can do it, because as lawyers, we know that community service is our Foundation. ■ Mary Whitmer, Vice President of the CMBA, is a partner with Kohrman, Jackson & Krantz PLL. She can be reached at (216) 736-7255.

Designing award winning programming and scraping up the wherewithal to support it, is basic foundation management. Our board is grateful for every single contribution, great or small, and we can never thank enough those who sacrifice to make the contribution and share with us their scarce resources, DECEMBER 2008

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December 2008


BAR JOURNAL

OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION

VOL. 2 NO. 1 | JULY/AUGUST 2009

The 2009-10 Annual Meeting

Immigration

Introducing the 2009-10 CMBA Officers and Trustees

Visa Security Checks: Condors and Donkeys and Bears, Oh My!

Annual Meeting Honorees

U.S. Citizenship: The Greatest Gift


To Champion, To Give, To Support

I

mmediate Past President Mike Brittain, Judge Clair Dickinson, Other Distinguished Members of the Bench, Dr. Sanders and Rev. Lind, Officers and Trustees of the Cleveland Metropolitan Bar Association, President Rick Manoloff and the other Officers and Trustees of the Cleveland Metropolitan Bar Foundation, Distinguished Members of the Bar and my friends:

Mary K. Whitmer President | Cleveland Metropolitan Bar Association Mary is partner at Kohrman Jackson & Krantz PLL where she practices in bankruptcy & creditor’s rights and litigation. She can be reached at mkw@kjk.com.

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Mike Brittain started every Board meeting with a quote, which he called, “Words of Wisdom.” I wasn’t sure about the practice at first, but, over time, I saw that it settled people down and they were ready to go to work. With a thank you nod to Mike, I begin today with a quote from the Queen in Alice in Wonderland, who stated that she could believe as many as six impossible things before breakfast. If we were imagining impossible things with the Queen in Alice in Wonderland just two years ago, we would have imagined an African-American President of the United States and a unified bar association in Cuyahoga County, united and at peace. But some things are so sad and heartbreaking, even the Queen could not imagine them. A year ago, it was both unimaginable and impossible that our

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wonderful David would not be standing here in this place today. David Webster had many plans for this bar association -he had his passions. Like many entrepreneurs and independent businessmen, he was interested in the business of law. David and I flanked President Mike Brittain: David, who wanted to build a strong business model for the industry of law, Cleveland’s third largest industry, and I who wanted to expand and fund our Foundation. I would like to do the things David wanted to do just the way he would have done them, but that is not possible. Instead, we shall soldier on, with the help of our new officer group, President-Elect Mike Ungar and Vice President Barbara Roman. And our watchword shall be service. Service to our members and to Greater Cleveland. We will be informed by David’s vision and his passion. e Warm Up Jack Kennedy famously stated that you should not ask what your country should do for you; you should ask what you should do for your country. In past years, incoming

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Presidents have oen based the theme of their address on what their colleagues could do for the Bar Association, and they made some pretty good points. is year, however, the economic climate has caused lawyers to ask more questions about the value they receive for each dollar they spend, including the money they spend to support the organized bar. Shortly aer assuming a position of leadership in this organization, one of my colleagues said to me, “You know, Mary, I’m a member of the Bar Association, but I’m not sure why. I keep paying my dues, but I don’t know why.” I felt as if I should have a snappy answer for that, what they call an elevator speech. A 15 second punchy comeback, like, “We have many services that our lawyer members find useful on a day to day basis, like high quality affordable CLE.” But great CLE is not what makes a compelling case to be a part of the organized bar. e reasons that this Bar Association exists are broader and more encompassing than simply a list of the services we offer. Our membership supports us in good economic times and in bad, because of things like our collective strong voice for causes they care about, the comfort of supportive colleagues and our leadership in pro bono legal service and other charitable community activities. Our lawyers are tied to our organization by philosophy and ethics and values. I. Strong Voice Recently, I was in Washington, D.C. and I visited the Supreme Court. When the cornerstone of the Supreme Court building was laid by Chief Justice Charles Evan Hughes, he said, “e Republic endures and this is the symbol of its faith.” When you walk up to the Supreme Court and stand the bottom of the marble staircase, you are confronted by what is written on the architrave above the 16 towering pillars: Equal Justice Under Law

strong voice for equal justice under law. By doing so, we can improve the moral resonance of our law practices. Stated simply, it’s a lot easier to go to work when you are proud of what you do. Corporations and individuals, rich and poor, and advocates of every political viewpoint routinely turn to the justice system seeking fair treatment and protection of their rights. is year, President Mike Brittain spoke out for open discovery. Aided by the Fourth Estate and the Cleveland Plain Dealer, open discovery became the rule in criminal prosecutions and justice has been served. Last year, Presidents Kaminski and Gardner spoke out for the rule of law in supporting the Pakistani lawyers who submitted to arrest rather than accept the suspension of their constitution. Our Bar Association has been steadfast in its vocal support of increasing minority participation in the law. It is no secret that minorities are underrepresented in most jobs which serve the administration of justice. is is a much studied and debated phenomenon, and one that has drawn the attention of many of the past presidents of this Bar Association. If you believe, as we do, that there is a better chance of achieving Equal Justice Under Law when the social demographics inside the Courthouse match the demographics of society outside the Courthouse, then you will be happy to know that your Bar Association is a strong voice and the national leader in developing and recruiting diversity in the justice system.

It means something very different to me now than it did when I was 30. Because now I know how hard people in the justice system work to make that a reality. And I also know that, in spite of their efforts, how far away from that goal we sometimes fall. Let me suggest to you that a collection of informed lawyers, speaking as one, as, for example, in a bar association, can offer a

Our Bar Association set a goal to reach out to students in the Cleveland and East Cleveland Public Schools to teach them about the legal system and inspire them to try a career in the law. You all know about the 3Rs, where 500 lawyers go into the Cleveland and East Cleveland Public Schools to teach social studies, and the encour-

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JULY/AUGUST 2009

aging increases in the Ohio Graduation Test scores for those students. We also run a summer legal intern program, giving jobs in law firms to high school students who show the desire and the promise to choose law as a career. High School Mock Trial teams prepare and try cases under the watchful eyes of volunteer practitioners who coach the students and act as judges during the trials. e competition for the best team is fierce, and the trophy prized. e Stephanie Tubbs Jones Summer Legal Academy offers two dozen high school students the opportunity for intense study over the summer. We hope to see these students sitting in your seats in the years to come. Your Bar Association routinely speaks out on timely topics that are important to the practice of law; affect the public perception of the profession; create an opportunity for impact; and promote equal justice under law. A strong voice in pursuit of these goals is a lawyer’s fundamental duty. When you are counting the reasons that you are a member of this Bar Association, you might number among them a strong voice for the causes you care about. II. Help When You Need It My best friend of 30 years, Carin McCormack, sent me this next lovely item. It said: Last year, researchers studied 34 students at the University of Virginia, taking them to the base of a steep hill and fitting them with a weighted backpack. They were then asked to estimate the steepness of the hill. Some participants stood next to friends during the exercise, while others were alone. The students who stood with friends gave lower estimates of the steepness of the hill and the longer the friends had known each other, the less steep the hill appeared. If you have practiced law for any length of time, you can readily identify the analogy between the steep hill and the practice of law. As lawyers, we listen to our client’s problems and we hold their concerns in confidence, establishing a relationship of special trust. We fight for them and we use our position of trust to advance their interests. It’s easy to hold that trust for a day, for a week or even a year. But bearing up under that burden every single day for 30 or 50 years is another matter altogether.

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If you are a long time practitioner, you may have had a time in your life when the job seemed just too big for you. I don’t know an experienced lawyer who has not felt frustration, anguish or even despair at some point in his or her career. For those of you who are younger, the day may come when you have a client who is a goat, an opposing counsel who seems bigger than life and badder than evil, and a billing report that is out of control. Add in a couple personal problems, and you may find that the path ahead seemingly has become too steep to climb. Some of our lawyers struggle with chemical dependency or clinical depression. Here, the statistics are daunting: depending on the study you read, between 10 and 30 percent of practitioners will struggle with alcoholism, drug use or depression at some time during their careers. For those of you who are confident that such a problem will not touch you, let me suggest that the chances that a lawyer in your law firm will be affected by such an issue are pretty high. When that happens, that impaired lawyer becomes your law firm’s problem and ultimately, your problem. Like the students at the University of Virginia, you will find that that your struggle up the hill is more manageable if you have good friends and colleagues you can call upon to share your burdens. No one is better able to support you than your peers in the practice of law who share your concerns on a dally basis. ey know what you are going through and can give you the good advice you need to put one foot in front of the other on your way to the top of the hill. ese relationships are fostered by working and contributing to Bar Association and Foundation causes. e Bar Association’s Assistance to Lawyers Committee is a resource to call upon in the event that you or a needy colleague needs help with an addiction problem. Caring and knowledgeable lawyers provide confidential advice, intervention and assistance to lawyers who require a helping hand to get their lives back into control. A friend of mine struggled with alcoholism. He was a lawyer who drank for fortitude. He believed that alcohol made him a better lawyer, and he was terrified if he stopped drinking, he would not have the courage to practice law. He turned for help to a colleague who was a judge and a recovering alcoholic. e judge told him not to be afraid to quit drinking. He said to my friend, “Even if you wind up picking up pieces of paper in the park, you will have a better life than you have right now.” My friend saw the wisdom in this, stopped drinking, and found to his delight that he could still practice law and enjoy a better life, too. 10 |

CLEVELAND METROPOLITAN BAR JOURNAL

Whether this kind of help comes from structured assistance programs, like our Bar Association’s Assistance to Lawyers Program, or simple relationships with other lawyers fostered through Bar Association activities, your colleagues are uniquely qualified to understand the ups and downs in your career and in your life. If you are going to be in this business of law, if you are going to live this dream, you should consider developing relationships with people who know how to help you when you need it. III. An Opportunity to Make a Difference Cicero said, “Gratitude is not only the greatest of all virtues, it is the parent of all others.” Or, as the beautiful mother of my good friend Colette Gibbons said, “Gratitude is the hallmark of an adult.” You might think of giving to charity as something that is better for the charity than it is for you. But I am here to make the case that giving to charity is good for you. e expression of gratitude through charitable activity is another service we offer to members of the organized bar: the opportunity to make a difference. Tod Barnhart, in his book, e Five Rituals of Wealth, observes that a remarkable phenomenon befalls people who adopt a philosophy of giving away some of their time or their money. “Our brains,” he writes, “suddenly get the message that there’s enough to go around.” We get a sense of abundance, a feeling that that we can take care of our own needs and help others, too.” Barnhart posits that the choice is, you can hoard, and feel as if you never have enough. OR you can give away some of your time and money, and a sense of gratitude and well-being become part of your life. A lot of people worry, “I’m not financially secure enough to give, or I don’t have the time right now.” But how rich is rich? How wealthy do I have to be to become a good steward? It all starts with the belief that we’re wealthy right now. I am suggesting to you that wealth goes beyond money. Sure it means abundance and prosperity, but it also means health and happiness, loving and caring, sharing and learning.

participate in or contribute to our Association and Foundation charitable activities, and thousands more participate in pro bono legal service to the poor and other charitable projects in Greater Cleveland. By broadening their mission, and contributing to others, these lawyers are building a stronger platform for their careers, and a more sustainable purpose for their lives. ey are making a living by what they get; they are making a life by what they give. It is our job at the Bar Association and Foundation to support you in making your living, and to give you the opportunity to give back by making meaningful contributions to your community. Pro bono legal service and charitable activities supported through the Justice for All Committee and our Foundation reach into our community and make us better. Take a look at what we are doing and ask yourself, shouldn’t I be a part of this? IV. Conclusion And so what answer do I give my colleague who confides that she is a member of the CMBA, but doesn’t know why? What response to the law firm who does not recognize the Bar Association as a valid expense of its business? What reply to the new graduate hanging out his shingle? I respond to them, we run our Bar Association: To champion the causes that attracted you to the practice of law in the first place, thereby giving you a Strong Voice; To give you the joy of the relationships that will grace your path up the steep hill, thereby offering you help when you need it most; AND To support and invest in our community and sponsor our membership in the pursuit of happiness, by lifting them one at a time to meet their better angels. ank you. •

From Mary Whitmer’s Inaugural Address at the Second Annual Meeting of the CMBA on June 19, 2009.

For some time now, the Very Reverend Tracey Lind has been asking this question. Do we, in Cleveland, have the spirit and the will to do what it takes to support our community and create a wonderful, exciting and sustainable place to live, work and raise our families? Lawyers can and should be the lynchpin of such an effort. We are strong, the third largest industry in Cleveland. We are connected, taken as a whole, we know everybody. We are incredibly active. e Foundation estimates that over 25% of our members JULY/AUGUST 2009

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Officers

MEET THE NEW

Mary K. Whitmer President Firm: Kohrman, Jackson & Krantz PLL College: Case Western Reserve University Law School: Case Western Reserve University School of Law Admitted to Ohio Bar: 1975

Michael N. Ungar President-Elect Firm: Ulmer & Berne LLP College: Boston University Law School: Boston University Law School Admitted to Ohio Bar: 1984


Barbara K. Roman Vice President Firm: Meyers, Roman, Friedberg & Lewis College: The Ohio State University Law School: Cleveland-Marshall College of Law Admitted to Ohio Bar: 1977

Albert A.Vondra Treasurer Firm: Price Waterhouse Coopers, LLP College: Cleveland State University Law School: Cleveland-Marshall College of Law Admitted to Ohio Bar: 2003

D. Larkin Chenault Executive Director & Secretary Firm: Cleveland Metropolitan Bar Association College: Transylvania University Law School: University of Louisville, Louis D. Brandeis School of Law Admitted to Ohio Bar: 2001 Admitted to Kentucky Bar: 1978

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Trustees

MEET THE NEW

J.Timothy Bender Employer: Rotatori, Bender, Gragel, Stoper & Alexander Co., L.P.A. College: University of Akron Law School: University of Akron Law School Admitted to Ohio Bar: 1978

Edward H. Blakemore Employer: Eaton Corporation College: Morehouse College Law School: University of Dayton Admitted to Ohio Bar: 2000

Hon. Patrick J.Carroll Employer: Lakewood Municipal Court College: Cleveland State University Law School: Cleveland-Marshall College of Law Admitted to Ohio Bar: 1977

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Julianne Kurdila Employer: City of Cleveland Law Department College: University of Pittsburgh Law School: Boston College Law School Admitted to Ohio Bar: 1989

Jill G. Okun Employer: Squire, Sanders & Dempsey L.L.P. College: Tufts University Law School: Boston College Admitted to Ohio Bar: 1986 Admitted to New York Bar: 1983

Lisa A. Reid Employer: Porter Wright Morris & Arthur LLP College: John Carroll University Law School: Cleveland Marshall College of Law Admitted to Ohio Bar: 1988

Mary Ann O. Rini Employer: Ohio Attorney General’s Office College: Notre Dame College Law School: Cleveland Marshall College of Law Admitted to Ohio Bar: 1979

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Robin M. Wilson Employer: Thompson Hine LLP College: Ohio University Law School: Cleveland Marshall College of Law Admitted to Ohio Bar: 1996

Geoffrey S. Mearns Dean, Cleveland-Marshall College of Law Employer: Cleveland Marshall College of Law College: Yale University Law School: University of Virginia School of Law Admitted to Ohio Bar: 1999

Robert H. Rawson, Jr. Interim Dean, Case Western Reserve University School of Law Employer: Jones Day College: Princeton University Law School: Harvard Law School Admitted to Ohio Bar: 1971

Matthew J. McCracken YLS Chair Employer: Chernett Wasserman Yarger LLC College: Vassar College Law School: Case Western Reserve University Admitted to Ohio Bar: 2004

Bruce M. Hennes Public Representative Employer: Hennes Communications College: York University in Toronto Canada

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Honorees

CLEVELAND METROPOLITAN BAR ASSOCIATION

The President’s Award David B.Webster (posthumously) For outstanding leadership of the Cleveland Metropolitan Bar Association

The William K.Thomas Professionalism Award Frank R.DeSantis Thomspon Hine For enhancing professionalism and ethics in the Greater Cleveland legal community Justice for All Volunteer of the Year Kathleen M. Sasala Cleveland Law Library Association For outstanding service to the community of Greater Cleveland

The Liberty Bell Award Regina Brett The Plain Dealer For contributions to the fair and impartial administration of justice

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CMBA 1301 E NINTH ST SECOND LEVEL CLEVELAND, OH 44114-1253

july/august 2009


Developed and created the comprehensive look and feel for a 300+ person event entitled “Foundation Night Fever.� Themed collateral included event signage, programs, menus and more.


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•Crab and pepper jack served in petite pastry shells garnished with fresh herbs •Haffeyʼs smoked salmon with traditional garnish including chopped egg, capers, diced bermuda red onions, creamy horseradish sauce •Assorted sushi including six varieties of California rolls, yellowtail roll, spider maki, salmon roll, cucumber roll, and assorted vegetable rolls with wasabi, soy and pickled ginger with an oriental ensemble decoration

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•Gourmet chocolate fountain served with seasonal fresh fruit, pound cake, pretzel, potato chips, marshmallows and cream puffs •Homemade cookies including chocolate chip, oatmeal and peanut butter •Gourmet chocolate covered brownies, lemon squares, and spice cake squares with cream cheese frosting •Coffee, tea, flavored cream, whipped cream

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BAR JOURNAL

OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION

VOL. 1 NO. 11 | FEBRUARY 2009

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THANK YOU TO OUR SPONSORS

Cleveland Play House

One Walnut Restaurant

Cleveland Public Theatre

Pampered Chef

BonFoey Gallery

Davis & Young

Calfee Halter & Griswold

Phil Eichorn

Pickwick and Frolic Restaurant and Club, Home to Hilarities 4th Street Theatre

Casey & Signe Forbes

Presidio Networked Solutions

Charles Scott Salons and Spa Civilization CoffeeHouse Cleveland Botanical Garden

Great Lakes Brewing Co. tion

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Cleveland Cinemas e Cleve Hawthorne Valley Country Club ing th

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Cleveland Film Society u fo k yo

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Heavenbound Ascensions

Andrew Rayburn, Big Game Capital Ritz Carlton Cleveland Rock and Roll Hall of Fame and Museum

Cleveland Indians

House of Blues

Rozi’s Wine House

Cleveland Orchestra

Lake County Captains

Cleveland Plain Dealer

Lake Erie Crushers

Schneider, Smeltz, Ranny & LaFond

Lake Erie Monsters Laus Deo Salon McCarthy, Lebit, Crystal & Liffman Co., L.P.A. Stephen O’Bryan Office Max

Sculpting Studio Siegel Siegel Johnson & Jennings Silpada Jewelry

GOLD LEVEL Baker Hostetler LLP Calfee, Halter & Griswold LLP National City Bank/PNC Bank Charter One Foundation The Cleveland Foundation Cleveland-Marshall College of Law Frantz Ward LLP Kohrman Jackson & Krantz PLL The Legal Aid Society of Cleveland Porter Wright Morris & Arthur LLP

Tim Stohs

Western Reserve Historical Society Mary Whitmer WKYC Zukerman Daiker & Lear Co., LPA

Reminger Co., L.P.A. Roetzel & Andress Squire, Sanders & Dempsey L.L.P. Tucker Ellis & West LLP Ulmer & Berne LLP Vorys, Sater, Seymour & Pease LLP Weisman, Kennedy & Berris Co., L.P.A.

BRONZE LEVEL Becker & Mishkind Schneider, Smeltz, Ranney & LaFond P.L.L. Buckley King LPA Spangenberg Shibley & Liber Dollar Bank Taft Stettinius & Hollister LLP Dottore Company LLC Thompson Hine LLP P. Kelly Tompkins/RPM International Zukerman, Daiker & Lear Co., LPA

Something Different Gallery

Diana Thimmig

SILVER LEVEL

TICKET SPONSORS

Davis & Young Gallagher Sharp

RO C

RCS Corporation

Jones Day McCarthy, Lebit, Crystal & Liffman Co., L.P.A.

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HP Manufacturing

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CLE VE M Rich ary K. L AND ard W ME D. M hitmer T , ano loff, Preside ROPO n Vice LITA Pres t NB id CLE ent AR VE FO L AN UN Ann D M DA ME Ashle arie Ah TIO D. L TRO e y r a Bren M. A n rkin Barry N O PO rvin FF t M. Chen C. R LITA a Sher Buck ult, obinso ICERS NB Exec n, Tr Dian ri L. D ley AR u a e ti h v J FO e Dir easurer Willi . Kar l Ma UN ecto pin a r an Sylv rlon A. DA Ly m R. J ski d Se este P T r I im Raym nn A. La oseph O creta Dian r Sum es NB ond zzaro ry a M. mers O Hug M. M A Rob Thim Jr. RD a h e lo E r m Drew . McK ne OF ig Mar t J. Tr ie io a Fran TRU Step O. Tym zzi Dav T. Parob y k R. ST id P. he in DeS Porte ek Dav anti EES Fred n E. Wa ski id B r lt . We Preside s, Past C Lisa Wendel ers bste CBF nt Mich Larr M. Yer III M r , CM atth yW ra ae B Jan l E. Brit . Zuke ce Ilah ew J. M Designe A Presid rma L. Ro tain e M. A cCrac e n n tial , ller, ken, Barb dkin C Past MBA P s Y ara re J. Da , Comm LS Vice CBF unit Pres sident C n h J f o o a y Tru seph rth, ir iden T C t Glad F. Frolik rustee ommun stee ys E ity . Ha , Comm unit rriso y Trus n, Com Truste mun e tee ity

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Welcome to Rock the Foundation Gala IV: Foundation Night Fever!

Please proceed to Level 1 and help us get this party started!

Coat-check and check-in table are located on Level 1.

Enjoy your evening!


BAR JOURNAL

OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION

VOL. 1 NO. 14 | MAY 2009

Labor & Employment Law The Employee Free Choice Act: One Act − Three Perspectives Argument for the “Opposition”: The Supreme Court Clarifies Employeesʼ “Opposition” as Protected Activity

Criminal Law How “Implied Consent” Became Forcible Consent: Ohioʼs Forcible Blood-Draw Law Fair Trial or Fast Trial?

SPECIAL FEATURE: Rock the Foundation Gala IV: Foundation Night Fever – A Recap


DISCO IS BACK AT ROCK THE FOUNDATION IV: FOUNDATION NIGHT FEVER! The dance floor was filled all night as a disco beat rocked the Galleria on March 7 at the Cleveland Metropolitan Bar Foundation’s annual fundraising event, Rock the Foundation Gala IV – Foundation Night Fever. Over 300 friends and supporters, many dressed in fun and colorful disco attire, boogied to the music of Disco Inferno and enjoyed delicious food and drink prepared by Haffey’s Catering Productions. Prior to the main event, a VIP Reception was held in the Cleveland Metropolitan Bar Center honoring our special guests – Event Sponsors and Foundation Fellows. Guests enjoyed the jazz music of Transportation Blvd. and a fine wine tasting by Private Reserve. The Cleveland Metropolitan Bar Foundation raises money to support the Justice For All pro bono, public service and law-related education programs of the Cleveland Metropolitan Bar Association that serve the community of Greater Cleveland. Programs supported by the Foundation include the nationally recognized 3Rs - Rights•Responsibilities•Realities, Cuyahoga District and Regional High School Mock Trial Programs, Cleveland Mock Trial Program, Cleveland Homeless Legal Assistance Program and Volunteer Lawyers for the Arts.

Rock the Foundation Gala IV was Co-Chaired by Ashley M. Arvin and Marie O. Tyminski, both Trustees of the Cleveland Metropolitan Bar Foundation. Despite tough economic times, this year’s event successfully raised $42,000 through sponsorships, ticket sales, a silent auction and raffle. We are grateful to our many sponsors, donors of silent auction items and attendees for their generous support. We also appreciate and recognize the many hours of volunteer service provided by the members of the Gala Committee.


THANK YOU TO OUR SPONSORS GOLD LEVEL

Frantz Ward LLP

Baker Hostetler LLP

Kohrman Jackson & Krantz PLL

Calfee, Halter & Griswold LLP

The Legal Aid Society of Cleveland

National City Bank/PNC Bank

P. Kelly Tompkins/RPM International Schneider, Smeltz, Ranney & LaFond P.L.L. Spangenberg Shibley & Liber

SILVER LEVEL

Porter Wright Morris & Arthur LLP

Taft Stettinius & Hollister LLP

Charter One Foundation

Reminger Co., L.P.A.

Thompson Hine LLP

The Cleveland Foundation

Roetzel & Andress

Cleveland-Marshall College of Law

Squire, Sanders & Dempsey L.L.P.

Zukerman, Daiker & Lear Co., LPA

Tucker Ellis & West LLP Ulmer & Berne LLP Vorys, Sater, Seymour & Pease LLP Weisman, Kennedy & Berris Co., L.P.A. BRONZE LEVEL Becker & Mishkind Buckley King LPA

TICKET SPONSORS Davis & Young Gallagher Sharp Jones Day McCarthy, Lebit, Crystal & Liffman Co., L.P.A. IN-KIND RCS Corporation HP Manufacturing

Dollar Bank Dottore Company LLC

WWW.CLEMETROBAR.ORG

MAY 2009

CLEVELAND METROPOLITAN BAR JOURNAL

| 51


THANK YOU TO THE SILENT AUCTION DONORS Ann-Marie and Bryan Ahern American Limousine BonFoey Gallery Calfee Halter & Griswold Charles Scott Salons and Spa Civilization CoffeeHouse Cleveland Botanical Garden Cleveland Cinemas Cleveland Film Society 52 |

CLEVELAND METROPOLITAN BAR JOURNAL

Cleveland Indians Cleveland Orchestra Cleveland Plain Dealer Cleveland Play House Cleveland Public Theatre Davis & Young Phil Eichorn Casey & Signe Forbes Great Lakes Brewing Co. Great Lakes Theater Festival Hawthorne Valley Country Club House of Blues MAY 2009

Lake County Captains Lake Erie Crushers Lake Erie Monsters Laus Deo Salon McCarthy, Lebit, Crystal & Liffman Co., L.P.A. Stephen O’Bryan Office Max One Walnut Restaurant Pampered Chef Pickwick and Frolic Restaurant and Club, Home to Hilarities 4th Street Theatre Presidio Networked Solutions WWW.CLEMETROBAR.ORG


Andrew Rayburn, Big Game Capital Ritz Carlton Cleveland Rock and Roll Hall of Fame and Museum Rozi’s Wine House Schneider, Smeltz, Ranny & LaFond Sculpting Studio Siegel Siegel Johnson & Jennings Silpada Jewelry Something Different Gallery Tim Stohs Diana Thimmig Western Reserve Historical Society WWW.CLEMETROBAR.ORG

WKYC Zukerman Daiker & Lear Co., LPA

ROCK THE FOUNDATION GALA IV COMMITTEE Co-Chairs Ashley Arvin and Marie Tyminski Sponsorships Sherri Dahl MAY 2009

Silent Auction and Ticket Sales Julie Pietrzen Melissa Laubenthal Richik Sarkar Ann-Marie Ahern Ami Patel Emily Fiftal Monica Webber John P. Thomas Jeff Johnson Patrick Burke Tracy Turoff CLEVELAND METROPOLITAN BAR JOURNAL

| 53


Mock-up creative & point-of-sale branding, bridal show management and coordination.




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