Monday, Dec. 10, 2007
 |  An e-Newsbrief from the Philadelphia Bar Association  | 
Vol. 8, No. 92
 

Chancellor's Reception Jan. 9

All members of the legal community are invited to attend a complimentary reception on Wednesday, Jan. 9 from 5 to 7 p.m. in honor of A. Michael Pratt, 81st Chancellor of the Philadelphia Bar Association.

The Chancellor’s Reception will be held in the Grand Ballroom at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut streets. No reservations are necessary.

This is the event at which even the city's busiest and most successful legal luminaries patiently wait in line to wish their leader and each other good luck in the year ahead.

Outsourcing Legal Work to India Dec. 10

The Professional Responsibility Committee will hold a discussion on outsourcing legal work to India at its meeting today (Monday, Dec. 10).

Carol Fritz, Rahul Wanchoo and Janaki Rege Catanzarite will be the panelists for the program, set for 12 p.m. in the 10th floor Board Room of Bar Association headquarters, 1101 Market St. Lunch is available for $7.50 for those members who register in advance. Click here to RSVP for this program.

Judge Scirica on Managing Court of Appeals Dec. 12

Judge Anthony J. Scirica, chief judge of the U.S. Court of Appeals for the Third Circuit and Tobey Slawsky, circuit executive for the U.S. Court of Appeals for the Third Circuit, will present "Managing the Third Circuit Court of Appeals" at the Wednesday, Dec. 12 meeting of the Appellate Courts Committee.

The meeting begins at 12 p.m. in the 10th Floor Board Room of Bar Association Headquarters, 1101 Market St. Lunch is available for $7.50 for those members who register in advance. Click here to RSVP for this program.

Civil Rights Committee Program Rescheduled

Alex Busansky, executive director of the Commission on Safety and Abuse in America's Prisons, will discuss the denial of access to court of young people who have been abused in prison at the Thursday, Dec. 13 meeting of the Civil Rights Committee.

The meeting begins at 12 p.m. in the 11th Floor Conference Center of Bar Association headquarters, 1101 Market St. Lunch is available for $7.50 for those members who register in advance. Click here to RSVP for this program.

Women in the Profession Holiday Party Dec. 18

The Women in the Profession Committee Holiday Party, hosted by Thoroughbuilt LLP and Independent Custom Realty, will be held Tuesday, Dec. 18 from 5:30 to 7:30 p.m. at 429 S. 16th St.

The event will feature complimentary cocktails and hors d'oeuvres, and, more importantly, the opportunity to network with our members and members of Professional Women's Roundtable. Admission is free, but please bring a new and unwrapped toy that will be distributed to local charities. To RSVP, visit philadelphiabar.org.

Replansky Nomination Deadline is Dec. 10

The Business Law Section is seeking nominations for the Section's 2007 Dennis H. Replansky Memorial Award. The award will be presented at the Section's Annual Reception to be held on Tuesday, Jan. 22, 2008 at the Pyramid Club. The award recipient will receive the privilege of designating the recipient of the Section's annual charitable contribution to a public interest organization.

Award criteria are:

Superior legal talent in the area of business law.

unique contributions to and significant achievements within the business law community in the Philadelphia area.

A reputation for mentoring young attorneys.

Significant participation in and contributions to civic and charitable causes in the community.

Uniform recognition in the legal community of the candidate’s honesty, integrity and professionalism.

Each candidate must be a member of the Philadelphia Bar Association’s Business Law Section.

The Section established the award in recognition of Dennis Replansky's career as a lawyer and his contributions to legal, civic, religious and other charitable causes. Replansky was a 51-year-old senior partner at Blank Rome Comisky & McCauley when he died in March 1994. He was a former chair of the Business Law Section.

The deadline for award nominations is 12 p.m. on Monday, Dec. 10, 2007 Written nominations detailing the nominee’s qualifications for the award should be sent to: Dennis H. Replansky Memorial Award, c/o Sandra A. Jeskie, Esq., Duane Morris LLP, 30 S. 17th St., Philadelphia, PA 19103-7396; or e-mailed to jeskie@duanemorris.com.

More information about the Dennis H. Replansky Award or the nomination process for the award may be obtained by calling Sandra Jeskie at (215) 979-1395.

Pakistan Breach of Rule of Law "Reprehensible"

Calling his actions "reprehensible," Philadelphia Bar Association Chancellor Jane Leslie Dalton has expressed profound objections to Pakistani President Pervez Musharraf regarding the breach of the rule of law in Pakistan.

In a letter sent Dec. 6 to President Musharraf on behalf of the 13,000-member Association, Dalton referred to a resolution adopted unanimously by the Association’s Board of Governors on Nov. 29 expressing strong opposition to Musharraf’s imposing a state of emergency, suspending the Constitution, dismissing the Supreme Court, detaining members of the Supreme Court under house arrest, and arresting and mistreating lawyers and others engaged in peaceful protest.

“We find these actions to be reprehensible,” the Chancellor wrote. “Democracy, judicial independence and the rule of law are the cornerstones of a free and fair society. We implore you to immediately lift the state of emergency and restore the rule of law. We respectfully urge you to reinstate the Supreme Court and to free those lawyers and leaders who have been unjustly jailed. We urgently request that you restore your democratic institutions to their former role.”

The letter and resolution of the Board of Governors can be found on philadelphiabar.org.

Lawmakers Urged to Support Attorney-Client Privilege Act

Calling it a bill that would "strike the proper balance between effective law enforcement and the preservation of essential attorney-client privilege," Philadelphia Bar Association Chancellor Jane Leslie Dalton has expressed the support of the 13,000-member Association for S. 186, the "Attorney-Client Privilege Protection Act of 2007," introduced earlier this year by U.S. Sen. Arlen Specter (R-Pa.).

In a letter sent Dec. 6 to Sen. Specter and Sen. Robert P. Casey (D-Pa.) on behalf of the Association, Dalton said the legislation "would reverse the harmful provisions in the Justice Department's 2006 'McNulty Memorandum' - and other similar federal agency policies—that are seriously eroding the attorney-client privilege, the work product doctrine, and the constitutional rights of employees."

"In our view, S. 186 - and H.R. 3013, the nearly identical companion measure that the House approved overwhelmingly on November 13—would protect these fundamental rights without impairing the ability of prosecutors to gather the information they need to enforce the law," Dalton wrote.

"The Justice Department's original privilege waiver and employee rights policies, set forth in the 1999 'Holder Memorandum' and the 2003 'Thompson Memorandum,' instructed federal prosecutors to consider certain factors in determining whether corporations and other organizations should receive cooperation credit—and hence leniency - during government investigations. One of the key factors cited in these Justice Department policies—and in similar federal policies adopted by the Securities and Exchange Commission, the Environmental Protection Agency, the U.S. Sentencing Commission, the Commodity Future Trading Commission, and others - is the organization's willingness to waive attorney-client privilege and work product protections and provide this confidential information to government investigators. Another key factor in many of these policies is the company's willingness to not pay its employees' legal fees during investigations, to fire the employees for exercising their Fifth Amendment rights, or to take other punitive actions against them long before any guilt has been shown," Dalton said.

"After considering the concerns raised by the American Bar Association, former Justice Department officials, congressional leaders, and others, the Sentencing Commission voted unanimously in April 2006 to remove the privilege waiver provisions from the Federal Sentencing Guidelines, and that change became effective last November. In addition, the CFTC voted to reverse its privilege waiver policy in March 2007, though its harmful employee rights policies remain in place. Unfortunately, however, the Justice Department and the other federal agencies have refused to reverse or fundamentally change their harmful privilege waiver or employee rights policies. Although the Department reluctantly issued new cooperation guidelines on Dec. 12, 2006, as part of the 'McNulty Memorandum,' the new policy falls far short of what is needed to prevent further erosion of fundamental attorney-client privilege, work product, and employee legal protections," she said.

"The Philadelphia Bar Association is concerned that unless the Justice Department and other federal agency policies are reversed, they will continue to cause the routine compelled waiver of fundamental attorney-client privilege and work product protections. Instead of eliminating the improper practice of forcing companies and other entities to waive in return for cooperation credit, the McNulty Memorandum still allows prosecutors to demand waiver after receiving high level Department approval. More importantly, the new policy continues to encourage routine waiver by granting companies credit if they 'voluntarily' waive without being asked. Unfortunately, since the McNulty Memorandum was issued in December 2006, prosecutor demands for waiver have continued unabated, though most demands are now informal, so as not to trigger the procedural requirements of the new memorandum. Whether direct or indirect, these waiver demands are unjustified, as prosecutors only need the relevant facts to enforce the law, not the opinions and mental impressions of corporate counsel," Dalton said.

"By pressuring companies to waive their privileges on a routine basis, the Justice Department's McNulty Memorandum and the other similar federal policies are seriously weakening the confidential attorney-client relationship between companies and their lawyers and undermining companies' internal compliance programs. Lawyers play a key role in helping companies and their officials to comply with the law and act in the entity’s best interests. To fulfill this role, lawyers must enjoy the trust and confidence of the company's officers, directors, and employees, and must be provided with all relevant information necessary to properly represent the entity. By pressuring companies to waive these fundamental protections, the McNulty Memorandum and the other similar federal policies discourage company personnel from consulting with the company lawyers, thereby impeding the lawyers' ability to conduct thorough internal investigations and effectively counsel compliance with the law. This harms companies, employees, and the investing public as well," she said.

"The Justice Department's McNulty Memorandum and the other similar federal agency policies also are seriously eroding employees' legal rights by pressuring companies to take unfair punitive action against them during investigations. While the McNulty Memorandum bars prosecutors from requiring companies to forgo paying their employees' legal fees in many cases, it carves out a broad exception that could easily swallow the general rule, thereby eroding employees' Sixth Amendment rights to effective legal counsel. In addition, the new memorandum and the similar policies adopted by other federal agencies deny credit to companies that choose to assist their employees with their legal defenses or decline to fire them for exercising their Fifth Amendment rights against self-incrimination. By forcing companies to punish employees long before any guilt has been shown, these policies weaken the constitutional presumption of innocence and undermine principles of sound corporate governance," Dalton said.

"For all of these reasons, the Philadelphia Bar Association believes that the McNulty Memorandum and the other similar federal policies are fundamentally flawed and must be reversed. Therefore, we urge you to support and cosponsor S. 186, which would bar the Justice Department and other federal agencies from pressuring companies to waive their privileges or take unfair punitive actions against their employees as conditions for receiving cooperation credit. In our view, S. 186 would strike the proper balance between effective law enforcement and the preservation of essential attorney-client privilege, work product, and employee legal protections," she said.

"Thank you for considering our views on this critical issue,” Dalton concluded.
The letter and resolution of the Board of Governors can be found at philadelphiabar.org.

Job Announcement: Director of the Office for Diversity

The Philadelphia Bar Association is seeking a Director of the Office for Diversity. The Office for Diversity is created to work with legal employers to foster more diverse work environments. The Office also serves as a resource for individuals seeking to advance and develop their careers. The Office for Diversity provides infrastructure, strategic leadership, coordination, and continuity to the diversity efforts of the various association committees, departments, and external efforts. The Director of the Office for Diversity will provide the vision, leadership and support for developing and implementing programs and practices to encourage diversity in the Philadelphia legal community.

Responsibilities:

Disseminate information about the Statement of Diversity Principles and obtain additional corporate and law firm signatories of the Statement;

Collect data, analyze, ensure data accuracy, and report on the progress of the Philadelphia community in achieving diversity goals through studies and other means;

Collect and disseminate information about evolving best practices aimed at recruitment, retention and promotion of a diverse and inclusive legal environment across demographic groups;

Provide signatories with concrete support to build and maintain successful diversity efforts delivered in hands-on regular working sessions, targeted roundtables with diversity professionals, diversity chairs, managing partners, etc.;

Communicate and publicize the activities of the Office for Diversity through the Association website, media outreach, articles in the Association’s monthly newsletter, and other sources;

Foster community networking opportunities for people working on diversity issues across sectors in the legal profession;

Provide over-the-shoulder guidance to legal employers across sectors;

Support and coordinate Association committee activities and programs in the area of diversity;

Plan and organize an annual diversity event; and

Assist in developing financial support for the Office for Diversity.

Reporting Relationship

The Director of Diversity will report to the Association’s Executive Director and work closely with the Association’s Chancellor and other Association committees involved in the diversity initiatives.

Qualifications

Five-plus years experience developing and/or managing diversity programs, preferably in a professional services environment.

Strong public speaking and written communication skills.

Law, public policy, or other relevant graduate degree desirable.

Strong commitment to diversity and inclusion.

Salary is negotiable. Excellent benefits. To apply, please email or mail a resume and cover letter to:

Kenneth Shear
Executive Director
Philadelphia Bar Association
1101 Market St.
11th Floor
Philadelphia, PA 19107
kshear@philabar.org

The Philadelphia Bar Association is an Equal Opportunity Employer. Minorities are encouraged to apply. Application deadline: Dec. 15, 2007.

Federal Courts Committee Holiday Lunch Dec. 19

The Federal Courts Committee will host a holiday lunch with remarks in in memory of Judges Becker, Green, Hannum and Hutton, featuring U.S. District Court Chief Judge Harvey Bartle III on Wednesday, Dec. 19.

Chief Judge Bartle will share his remarks of the judges at the luncheon, which begins at 12:30 p.m. in the 10th floor Board Room of Bar Association headquarters, 1101 Market St. Lunch is available for $7.50 for those members who register in advance. Click here to RSVP for this program.

Business Development, Networking Seminar Jan. 8

The Philadelphia Bar Association and the Philadelphia Chapter of the Association of Legal Administrators will present "Business Development: Effective Networking Strategies," the first in a series of associate training programs on Tuesday, Jan. 8.

Stacy West Clark, founder of the Delaware Valley Law Firm Marketing Group, will discuss the importance of learning your firm's business and marketing strategies; using your personal skills to fit into the firm's plan; the value of a business network; identifying and developing relationships that have business development potential; and identifying referral sources.

The program begins at 8 a.m. in the 11th floor Conference Center of Bar Association headquarters, 1101 Market St. Breakfast will be provided. The cost of the program is $25. Click here for more information.

PAILP 25th Anniversary Holiday Event Dec. 13

The Pennsylvania Institutional Law Project will host its 25th Anniversary and 2007 Holiday Party on Thursday, Dec. 13 from 4 to 7 p.m., at the Cast Iron Building, 718 Arch St., Suite 304 S. For more information, please contact Rose Lucas at 215-925-2966.

Justinian Society Christmas Party Dec. 18

The Justinian Society will hold its Annual Christmas Party on Tuesday, Dec. 18, from 6:30 to 8:30 p.m. at the Grand Ballroom at the Ben Franklin, 9th and Chestnut streets.

Guests will enjoy celebrating the holiday season with a European ambiance combined with turn-of-the century elegance in the Grand Ballroom at the Ben Franklin. Assorted hors d'oeuvres and beverages will be served for all to enjoy. Cost to attend the event is $65 per person for members and $75 per person non-members. The event is open to the public. To learn more about the event or to register, call 215-545-0706 or visit justinian.org.

Don’t Delay, Order The Legal Directory 2008 Today!

It's time to place your order for The Legal Directory 2008. With the addition of hundreds of new attorney listings, it's the most comprehensive volume we’ve ever produced. Order now at a special pre-publication price of $57.95 (plus shipping and tax) - that's $20 off the regular price. Ordering early ensures you'll have the most current information about the Philadelphia legal community as soon as it’s published and distributed, beginning in April.

The Legal Directory 2008 includes all the indispensable information you've come to rely upon - Bar Association bylaws, contacts and committees; information on federal, state and county courts and government agencies; judges' index; corporate counsel listings; and a special business-to-business section tailored to the legal community. You'll have at your fingertips 18,000 attorney listings and nearly 1,700 law firm listings. Each copy of The Legal Directory 2008 comes with a free subscription to The Legal Directory Online! Online listings for both attorneys and law firms are updated year-round, making this resource an essential complement to your printed Directory. The Legal Directory Online features links to court rules, area bar associations and more! All are only a mouse-click away. Order today at thelegaldirectory.org.

Salute to Lawyers in Business Journal Jan. 11

Attention law firms: Don't miss the opportunity to be included in The Philadelphia Business Journal's special Philadelphia Bar Association supplement in its Jan. 11 edition.

The objective is to market, to the Business Journal reader, the positive impact the legal community, the Bar Association and individual member law firms have on local commerce and businesses in the Philadelphia region.

For more information on reserving advertising space, contact Michelle Stuhl at (215) 238-5114 or e-mail her at mstuhl@bizjournals.com. The deadline for reserving advertising space is Wednesday, Dec. 19.

Participants Sought for Israel Exchange Program

The Philadelphia Bar Association is in the process of planning an exciting international exchange program in cooperation with the Israel Bar Association, in which local Philadelphia firms will host Israeli attorneys for a short internship (one to six months) and Philadelphia attorneys will travel to Israel for a comparable internship at an Israeli law firm. The target date for implementing the program is June 2008.

If you are interested in participating in such an internship, or in hosting one or more visiting Israeli lawyers, please send an e-mail to Bar Association Executive Director Ken Shear at kshear@philabar.org, and you will be contacted by one of the members of the planning committee.

Your input will be invaluable in helping us shape the parameters of the program in a manner best calculated to meet your professional needs or those of your firm.

WorkReady Philadelphia Matches Interns, Law Firms

Who gave you your first break?

Through WorkReady Philadelphia, you can offer a young person interested in a law career his or her essential first work experience and help to cultivate the region's next generation of home-grown legal professionals. By participating, you and your firm will positively impact the Philadelphia community by working with young people who, without WorkReady, would have few opportunities to explore the legal field, gain work skills, or develop relationships with professionals who could help them later in life.

Lauren Trifiletti, human resources manager at Morgan Lewis & Bockius LLP, reflected on the firm's positive experience with a WorkReady intern last year and its decision to hire year-round interns, "Our intern, Candace, did a fantastic job. We actually had another part-time internship open in the fall and our first call was to Candace. She is currently back with us working in another department while attending school. We plan on participating in the program next summer as well."

Among the opportunities available to you and your firm through WorkReady are: hosting ninth-grade students for a one-day visit on Jan. 25, 2008 through Shadowing Day; providing 10th-grade students with unpaid internships, two to four hours per week during the school year, from January to June 2008 through Business Mentoring Youth; and hiring or sponsoring youth for six-week WorkReady Summer Internships enhanced with training and portfolio development, among other options. Throughout the process, Business Partnership Specialists are there to support you by recruiting, screening, and training youth; matching youth with employers; training you and your colleagues on how to work with and mentor youth; and providing ongoing support for you and the interns.

Several local firms are already on board. Last year, Blank Rome LLP; Morgan Lewis & Bockius LLP; Schnader Harrison Segal & Lewis LLP; Saul Ewing LLP; and Stradley Ronon Stevens & Young, LLP offered summer internships to Philadelphia youth. First-time participants Blank Rome and Stradley Ronon Stevens & Young were so pleased with their experiences mentoring and working with youth that they have decided to take on even more interns this summer.

More information on how to get involved in WorkReady Philadelphia is available at workreadyphila.com. If you or your firm is interested in participating, please contact Susan Hight, business partnership specialist, at (267) 502-3729 or by e-mail at shight@pyninc.org.

Lawyer Appreciation Night at Flyers Dec. 13

Come mingle with fellow lawyers as the Philadelphia Flyers take on the Montreal Canadiens on Thursday, Dec. 13 at 7 p.m. at the Wachovia Center.

Between now and Dec. 12, selected seats in the mezzanine level of the Wachovia Center are available to lawyers, friends and family members for a discount of $10 ($47.50 seats for $37.50 and $42 seats for $32). To take advantage of these discounts, please click here and enter the promo code LAWNIGHT. If you have any questions, please contact Steve Remillard at 215-952-5727.

Banking, Consumer Financial Services Law Update

Join us on Thursday, Dec. 13 for a day of in-depth examination and analysis by bank regulators, industry experts and consumer advocates as they explore recent business and legal developments. This 6.5 (5.5 substantive/1 ethics) CLE credit hour program will be held at The CLE Conference Center on the 10th floor of the Wanamaker Building, Juniper Street entrance (between 13th and Broad streets, opposite City Hall), from 8:30 a.m. to 5 p.m. Check-in begins at 8 a.m. For additional information, or to register, click here. You must attend entire program to receive ethics credit.

Upcoming CLE

The following courses are cosponsored by the Philadelphia Bar Association and the Pennsylvania Bar Institute. All courses are at The CLE Conference Center in the Wanamaker Building, except as otherwise noted. Registration begins 30 minutes before course start time.

Tuesday, Dec. 11
Ohlbaum on Evidence - Advocacy: Using the Rules of Evidence to Persuade
5 substantive/1 ethics CLE credits (Must attend entire program to receive ethics credit)
8:30 a.m. to 4 p.m.

Getting Paid in PA: Basic Wage and Hour Law
3 substantive CLE credits
9 a.m. to 12:15 p.m.

Representing Non-English Speaking Clients
2 substantive, 1 ethics CLE credits (Must attend entire program to receive ethics credit)
12 to 3:15 p.m.

Wednesday, Dec. 12
Building Families: Assisted Reproductive Technology in PA
4 substantive CLE credits
8:30 a.m. to 1p.m.

Thursday, Dec. 13
Current Issues in Medical Malpractice
6 substantive CLE credits
8:30 a.m. to 4 p.m.

Banking & Consumer Financial Services Law Update
5.5 substantive, .5 ethics CLE credits (Must attend entire program to receive ethics credit)
8:30 a.m. to 4:30 p.m.

6th Annual Law of Historic Preservation
National Constitution Center, 525 Arch St.
6 substantive, 1 ethics CLE credits
8:30 a.m. to 5 p.m.

Friday, Dec. 14
Handling the Workers’ Comp Case
5 substantive, 1 ethics CLE credits (Must attend entire program to receive ethics credit)
8:30 a.m. to 4:30 p.m.

Murray on Contracts: Litigating the Contract Dispute and Drafting Contracts to Avoid Litigation
Live via Satellite
3 substantive, 1 ethics CLE credits
9 a.m. to 1:15 p.m.

More information is available on the PBI Web site at www.pbi.org, on the page devoted to Philadelphia programs, by calling 1-800-247-4724, or by e-mailing info@pbi.org. Note: some events sell out; before walking in, call PBI to confirm that space is still available for the program that interests you.

Earn as many as 4 credits on your computer, at your convenience at PBI's Online Campus, at www.onlinecle.pbi.org. More than 300 classes are available, including nearly 50 one-hour ethics programs. 24/7 CLE.

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Philadelphia Bar Association, 1101 Market St., 11th Floor, Philadelphia, PA 19107, 215-238-6300.