Federal Bar Association

Introduction to Federal Practice was held on Friday, January 22, 2010, in Courtroom 16A of the Carl B. Stokes U.S. Courthouse in Cleveland. The seminar played to an almost full house, with close to 60 people in attendance. Attendance at this program satisfies the training requirement of Local Rule 83.5.

Judge Solomon Oliver Jr. welcomed the group on behalf of all of the judges of the court and proceeded to offer suggestions to be effective practitioners. Magistrate Judge Nancy Vecchiarelli discussed the jurisdiction and role of the magistrate judge. John Bianco, IT Director, provided a demonstration of the functionality of the equipment in the electronic courtrooms, available to the bar in all district judge courtrooms throughout the district. Hands-on training for the bar is available on an as needed basis by contacting the Court.

Geri Smith, Clerk of Court, had the privilege of presenting on various matters, including the following: the Courts case assignment system (local civil rules 3.4 and 3.8), an overview of the amenities available to practitioners in the Northern District of Ohio, which includes an attorney workroom on the seventh floor of the Carl B. Stokes U.S. Courthouse in Cleveland; satellite circuit court libraries in Cleveland and Toledo; and the availability of wireless access in all locations, including the courtrooms, attorney workrooms, and many public areas. Ms. Smith also took the opportunity to comment on the Courts cell phone policy, which is posted on the Courts website, and reminded attendees of the requirement that all cell phones must be turned off all in the courtroom and chambers, unless permission is granted by the presiding judge.

Martin Jester, the courts architect, provided the participants with a whirlwind tour of the courthouse following their being sworn-in to practice before the Northern District of Ohio by Ms. Smith at the conclusion of the presentations.

Margaret Wong, a former Chapter President, hosted the first Networking Breakfast of 2010 at the Cleveland offices Margaret W. Wong & Assoc. Co., LPA on Chester Avenue. Almost 20 FBA members and guests joined Margaret and several of her colleagues on the morning of January 14 to start off the year right by networking with their fellow federal practitioners.

While immigration law and the growth of Margaret W. Wong & Assoc.s practice both here and across the county was a topic of discussion, the group also covered hot topics in university law, the challenges encountered by solo practitioners and small firms, the advantages and disadvantages of electronic filing in the 6th Circuit, upcoming judicial races, and numerous other topics.

The members-only breakfasts allow federal practitioners to discuss issues with colleagues and describe their practices for case referral purposes. The next networking breakfast is scheduled for April 29, 2010 and will be hosted by Tucker Ellis & West LLP in Cleveland.

Ethics, Professionalism and Substance Abuse are typically somber topics for a Continuing Legal Education Seminar. But you would not have known it from the smiles and laughter in the 7th Floor Auditorium of the U.S. District Courthouse on Friday, December 11, 2009.

Hahn, Loeser and Parks attorney Art Kaufman brought his unique blend of comedy and compassion to those serious topics, along with guest speakers James M. Drozdowski, also of Hahn Loeser. Drozdowski spoke about ways that lawyers can support, and yet deal effectively with, the problems posed by lawyers impaired by substance abuse problems.

Fresh from the comedy circuit, Arts son Brian Kaufman, a professional magician and entertainer, shared his own personal, moving story. In closing, Art delivered Stand Up Ethics as only Art can.

The CLE--which is free for Chapter members-- was well attended as always and received rave reviews from the attorneys who completed the post-CLE evaluation forms. Everyone agreed that a spoonful of humor indeed helps the ethics medicine go down.

Are you wondering what possible connection a "cat's paw" could have with federal employment litigation? On December 1, attendees at the FBA-NDOCs Second Annual Federal Employment Litigation Seminar, received answers to that question and others on the newest theories of recovery in federal court.

Julie Galassi, of Hasselberg, Rock, Bell & Kuppler, in Peoria, Illinois, gave her hands-on experience of using the "cat's paw" in the seminal Seventh Circuit case on this new theory of proving employment discrimination. As the plaintiffs attorney in Straub v. Proctor Hospital, Galassi was able to give a birds-eye view of how to successfully use or defend against such cases. Under the "cat's paw" theory, courts can impose liability on an employer based on the unlawful intent of an employee who did not make the formal decision to take an adverse employment action against the plaintiff-employee. Liability may arise when a supervisor or even a co-worker provides false, misleading or selective information that is relied upon by a neutral decision-maker. A writ for certiorari before the U.S. Supreme Court is pending on the Straub case and in November the Court requested that the U.S. Solicitor General file a brief expressing the views of the United States on the case.

FBA-NDOC Board Member John Gerak from Ogletree Deakins and FBA Member Jason Bristol from Cohen, Rosenthal & Kramer, LLP presented a lively discussion on litigating collective actions under the Fair Labor Standards Act (FLSA). Having recently settled a case that was pending before Judge James Gwin, Gerak and Bristol were able to share their real life war stories on discovery and settlement battles they have experienced while litigating that case as well as other complex FLSA cases. They also confirmed the theory that it is better to litigate against a formidable and knowledgeable opposing counsel.

Leigh Gross Latherow, of VanAntwerp, Monge, Jones, Edwards & McCann, LLP, of Ashland, Kentucky, shared her perspective as defense counsel in a recent high-profile Sixth Circuit case on retaliation claims by third-parties and bystanders. In Eric Thompson v. North American Stainless, in an en banc decision, the Sixth Circuit Court of Appeals rejected an employees claim for third-party protection from retaliation under Title VII. Ms. Latherow explained the defense teams strategy in convincing the court not to hold the employer liable because the plaintiff alleged his termination was based solely upon his relationship with his fiance, who had filed a claim against the employer, rather than his own actions. A writ for certiorari is also pending in this case and the U.S. Supreme Court invited the Solicitor General to submit a brief on behalf of the United States on this case.


Employment Law Speaker Leigh Gross Latherow.

On November 17, 2009, the U.S. District Court House in Toledo played host to a reception welcoming the newly appointed U.S. Attorney for the Northern District of Ohio, Steven Dettelbach. Chief Judge James G. Carr, District Court Judges David A. Katz and Jack Zouhary, and Magistrate Judge Vernelis K. Armstrong greeted lawyers and other guests from throughout Northwest Ohio in welcoming the newly appointed Dettelbach. Those in attendance were treated to welcome remarks by Dettelbach, as well as a brief question and answer session with Dettelbach and Executive Assistant U.S. Attorney Carole Schwartz Rendon. The reception was co-sponsored by the U.S. District Court for the Northern District of Ohio, the Northern District of Ohio Chapter of the Federal Bar Association, and the Toledo Bar Association.



Chief Judge James G. Carr (far right) and other members of the judiciary welcome Steven M. Dettelbach (third from right) during reception.

The Chapter's Advanced Federal Practice CLE returned to Cleveland on Friday, November 6, 2009. It featured US District Judges Dan Polster and Jack Zouhary. Speakers included MDL Special Master David Cohen, and an MDL panel discussion moderated by Mr. Cohen, that included Charna Sherman of Squire Sanders & Demsey, Peter Brodhead of Spangenberg Shibley & Liber, and Judge Polster. The panel discussed the Gadolinium MDL.

Ken Bravo of Ulmer Berne discussed e-discovery issues by use of highly-entertaining PowerPoint slides, including a final slide featuring the OSU fight song, in response to David Cohens final slide that said GO BLUE.

Brian Hoyer of Thompson Hine discussed the important aspects of consumer class action litigation, then he moderated a panel on the topic, which included Jack Landskroner of Landskroner, Grieco & Madden, Sharon Luarde of Electrolux, and Judge Zouhary.

The program closed with a presentation by program chair Carter Strang of Tucker Ellis & West, who discussed corporate representative depositions, which is a topic he has also discussed in articles he co-authored in the two previous editions of Inter Alia.

The CLE was first offered by the Chapter in 2006. It has since become so popular that earlier this year it was also offered in Toledo, featuring a Toledo area judges and attorneys program. The November 6 CLE has been recorded in DVD format, complements of Rennillo Deposition and Discovery as a public service to our Chapter, and was replayed for credit on December 11, 2009.

Next year's program has already been scheduled for November 12, 2010. It will focus on MDL practice and removal actions.



Panelists, including David Cohen, Peter Broadhead, Hon. Dan A. Polster (seated center) and Charma Sherman, speak during AFP seminar.

On October 26, 2009, Jennifer Thompson-Cannino and Ronald Cotton visited Cleveland to give a presentation on their recently published book, "Picking Cotton." Their book, authored with Erin Torneo, recounts Thompson-Canninos story as a rape victim, her role in identifying Cotton as the alleged perpetrator of the crime, and the trial and appeal process that was unwound 11 years later through DNA evidence. Their story is one that underscores flaws inherent in the way eyewitness identifications are conducted in criminal investigations and the power of forgiveness each one has for the other. The two now regularly give joint presentations throughout the country, and are involved with innocence projects in a number of states. Thompson-Cannino has also testified before Congress as to the value of DNA evidence in criminal proceedings. The FBA-sponsored event marked the first time the Chapter held a program in the auditorium of the Cleveland Public Library. These arrangements were made possible thanks to the efforts of former FBA Chapter President Ellen Toth and the CPL staff. The Chapter looks forward to holding future events in the CPL auditorium.

A veritable "Who's, Who" of top litigators spoke at the Chapter's "A Whole Trial in 3 Hours CLE," held September 18, 2009, at the Carl Stokes Federal Courthouse in Cleveland, Ohio. The CLE was part of the Chapter's ongoing New Lawyer Training Curriculum.

The 58 attendees were treated to presentations by former Cuyahoga County Prosecutor John Mitchell, now with Thompson Hine LLP, who talked about voir dire; former Oklahoma City bombing prosecutor, Geoffrey Mearns, who is Dean of Cleveland-Marshall College of Law and who discussed opening statements; Dennis Terez, Federal Public Defender and Chapter Board member, who discussed examination of witnesses; and Ann Rowland, Assistant U.S. Attorney who is coordinating the Cuyahoga County corruption scandal and who discussed closing arguments.

Carter Strang and Ken Kowalski were program co-chairs. A reception followed the CLE, hosted by Legal Images and Rennillo Deposition & Discovery.

The Chapter was proud to hold its first members-only quarterly networking breakfast in Toledo on Tuesday, September 15, 2009 at the offices of Cooper & Walinski.  The purpose is to bring local FBA members together four times a year to market themselves and their practices to each other.  We provide an informal opportunity for members to introduce themselves, explain their practice and network with other federal practitioners in the northern district of Ohio. After each breakfast, members will have the opportunity to continue the exchange of dialogue by participating in an online discussion group.  This online group is open exclusively to FBA-NDOC networking breakfast participants. 

The FBA-NDOC held its Fourth Annual State of the Court Luncheon on Monday, September 14, 2009.  We welcomed Chief Judge James G. Carr, U.S. District Court, Northern District of Ohio and Chief Judge Marilyn Shea-Stonum, U.S. Bankruptcy Court, Northern District of Ohio.  The Judges will reported on matters or interest to practitioners in our district.
 
We also presented the inaugural Pillar of Justice Award to former U.S. Congressman Louis Stokes, Senior Counsel, Squire, Sanders & Dempsey, LLP. Over 400 local practitioners attended the luncheon held at the Cleveland Marriott Downtown at Key Center.

The Chapter continued its members-only quarterly networking breakfast series on Thursday, September 3, 2009 at the offices of Jones Day.  The purpose is to bring local FBA members together four times a year to market themselves and their practices to each other.  We provide an informal opportunity for members to introduce themselves, explain their practice and network with other federal practitioners in the northern district of Ohio. After each breakfast, members will have the opportunity to continue the exchange of dialogue by participating in an online discussion group.  This online group is open exclusively to FBA-NDOC networking breakfast participants. 

The Federal Public Defender for the Northern District of Ohio and the Federal Bar Association, Northern District of Ohio Chapter co-sponsored the Annual Federal Criminal Practice Seminar in Cleveland on August 28, 2009. This seminar satisfied the Ohio and Federal District Court CJA and CLE requirements. Several hundred people attended this hugely successful seminar.

Party, Art and Law at the Cleveland Museum of Art
The Chapter held a summer evening party and private guided tour to celebrate the newly reopened Cleveland Museum of Art on Wednesday, August 5, 2009. Guests were able to mingle with our Federal Bench and other Chapter members while enjoying a discussion of art and law by S. Josh Knerly of Hahn, Loeser & Parks LLP. 
 
This free members-only event was a huge success with more than 100 in attendance.




Top Photo: S. Josh Knerly, Jr. of Hahn, Loeser & Parks, LLP
leads a discussion on art and law.

Bottom Photo: 2009-2010 FBA-NDOC President Carter Strang (far right) enjoys the evening with guests.

The Northern District of Ohio Chapter of the Federal Bar Association hosted its Sixth Annual Summer Associate and Law Clerk Reception on Wednesday, July 22, 2009 at the House of Blues in Cleveland.  This event was a great opportunity for summer associates and law clerks to meet judges, local practitioners, and many FBA-NDOC members. Thank you to all of our firm sponsors for making this event so successful.

The Chapter co-sponsored an Advanced Federal Practice seminar with the Toledo Bar Association on Friday, June 5, 2009. The seminar was held at the Toledo Bar Association and offered attendees 3.25 CLE hours. Topics included Federal/State MDL's; an MDL & Class Action Judicial Panel featuring Judges James G. Carr, David A. Katz and Jack Zouhary; ERISA claims and Rule 30(b)(6) issues. The seminar was followed by a box lunch discussion with Keynote Speaker Magistrate Kenneth McHargh.

The Chapter continued its members-only quarterly networking breakfast series on Thursday, June 4, 2009 at the offices of Collins & Scanlon.  The purpose is to bring local FBA members together four times a year to market themselves and their practices to each other.  We provide an informal opportunity for members to introduce themselves, explain their practice and network with other federal practitioners in the northern district of Ohio. After each breakfast, members will have the opportunity to continue the exchange of dialogue by participating in an online discussion group.  This online group is open exclusively to FBA-NDOC networking breakfast participants. 

As of 2009, all new Ohio lawyers must complete 12 hours of specialized New Lawyer Training credits in their first reporting period.  The Chapter responded and began offering its 2009 New Lawyer Training Curriculum - a series of five substantive NLT seminars designed to offer new lawyers the kind of practical training they need at the beginning of their careers.  Speakers included federal and state judges, prosecutors and prominent attorneys from our community. 
 
The Curriculum's second seminar was held on May 8, 2009 entitled "Professionalism, Law Office Management and Client Funds Management."  This seminar featured judges and local practitioners speaking on the title topics and satisfied the Ohio Supreme Court special requirement of training in this area for newly admitted attorneys.  The remaining three programs of the curriculum are offered throughout 2009 in July, September and November.  In addition, after each of these Friday afternoon seminars all attendees were invited to a wine and beer reception where they can network with panelists, our federal judges and their staffs.

The Chapter and the United States District Court for the Northern District of Ohio held a special Swearing-in Ceremony for Admission to the Bar of the Supreme Court of the United States, conducted by William K. Suter, Clerk of Court for the Supreme Court. The ceremony was held on Thursday, April 16, 2009 at the Cleveland Marriott Downtown at Key Center. Nearly sixty attorneys joined the FBA-NDOC in order to participate in the ceremony and be admitted to practice before the Supreme Court of the United States.

The Appellate Advocacy Program was held on Thursday, April 16, 2009 at the Cleveland Marriott Downtown at Key Center. This program feature d sessions with U.S. District Court Chief Judge James G. Carr, U.S. Court of Appeals Sixth Circuit Judges Deborah L. Cook and R. Guy Cole, Jr. and Chief Mediator Robert Rack, Ohio Attorney General Richard Cordray and Ohio Supreme Court Justice Maureen O’Connor.  Topics included the art and task of mediation, what law clerks tell judges, and what the judges want to hear.

As of 2009, all new Ohio lawyers must complete 12 hours of specialized New Lawyer Training credits in their first reporting period.  The Chapter responded and began offering its 2009 New Lawyer Training Curriculum - a series of five substantive NLT seminars designed to offer new lawyers the kind of practical training they need at the beginning of their careers.  Speakers included federal and state judges, prosecutors and prominent attorneys from our community. 
 
The Curriculum kicked off on March 13, 2009 with the seminar "What They Didn't Teach You in Law School."  This seminar featured judges and local practitioners speaking on topics such as collecting fees, dealing with difficult attorneys, and how to maintain a work/life balance.  The remaining four programs of the curriculum are offered throughout 2009 in May, July, September and November.  In addition, after each of these Friday afternoon seminars all attendees were invited to a wine and beer reception where they can network with panelists, our federal judges and their staffs.