Where

Harrah's Resort
Atlantic City

 Brand new 100,000 sq. ft. Waterfront Conference Center

When

September 23-24,
2016

What

Philadelphia Bar Association

The Philadelphia Bar Association's premier event for networking and socializing with colleagues and members of the judiciary.

Friday, Sept. 23

Registration and Meet Our Sponsors

  • 9:30 a.m.

Meet our valued sponsors who have made this year's Bench-Bar & Annual Conference possible. Also, we invite you to visit each of our sponsors throughout the Conference to get your "Passport" stamped to enter a raffle to win the new iPad Pro™!

4 Concurrent CLEs

  • 10:30 a.m. - 12 p.m.
  • 1.5 Substantive CLE Credits

Who Are Women Lawyers "Leaning In" To? The Responsibility of the Judiciary and Law Firms in Ensuring the Advancement of Women Attorneys as Stakeholders in our Profession

(Presented by the Women in the Profession Committee)

A lot has changed in health care since the Affordable Care Act (ACA) was first implemented in 2010. This presentation will address some of the more significant changes, with a special focus on Pennsylvania hospitals and clinics. Perhaps the biggest news in Pennsylvania health reform is Gov. Tom Wolf's Medicaid expansion which began in February. This presentation will address potential opportunities and challenges for Pennsylvania providers as they join the ranks of Medicaid expansion states. Another significant change stemming from the ACA's implementation is the new "employer mandate," which requires all employers with 50 or more employees to comply with certain regulations or pay a fine after 2014. In addition to these major changes, this presentation will also take note of the ACA's impact on hospitals and clinics thus far, with a particular emphasis on the ACA's "pay for performance" initiatives that seek to improve the quality, efficiency and value of health care. As the ACA seeks to shift away from the traditional "fee for service" model toward "pay for performance," it is important for health care providers to navigate this shift in a way that both improves patient outcomes and lowers cost of care.

Course Planners
  • Hon. Barbara A. McDermott, Philadelphia Court of Common Pleas, Criminal Division
  • Jennifer S. Coatsworth
  • Amber M. Racine
Moderator
  • Carol Ann Murphy
Panelists
  • Hon. Jacqueline F. Allen, Administrative Judge, Philadelphia Court of Common Pleas
  • Regina M. Foley
  • Fran F. Griesing
  • Susan M. Lin
  • Patricia B. Santelle
  • 1.5 Substantive CLE Credits

High-Stakes Mediations: A Look Behind the Curtain

(Presented by the State Civil Litigation Section)

In this CLE presentation, plaintiff and defense attorneys will give their insight on how to prepare their clients for mediation, what information to provide a mediator before mediation, and how to successfully advocate during mediation. A mediator admired and respected by both sides of the bar will offer guidance on the best ways to present your theories, and tips on the most impactful ways to persuasively outline your case.

Moderator & Course Planner
  • Robert W. Zimmerman
Panelists
  • Larry Bendesky
  • Jack Delany
  • Jerry P. Roscoe
  • 1.5 Substantive CLE Credits

Medical Marijuana

(Presented by the Workers' Compensation Section)

The program will address the impact proposed Pennsylvania legislation regarding medical marijuana will have on employers, insurers and claimants.

Topics addressed include the following:

  • Overview of current medical and recreational marijuana laws (federal, state and local City of Phila. legislation) and what to expect in the future
  • Effect of marijuana in the workplace
  • Implications on private and public employers (including potential retribution from federal statutes such as the Americans with Disabilities Act) and state statutes (Pennsylvania Human Relations Act) with recommendations as to updated employment policies
  • Prescriptions and payment of medical marijuana under Pennsylvania workers' compensation laws
Moderator
  • Hon. Denise E. Krass, Workers' Compensation Judge, PA Department of Labor & Industry
Panelists
  • Steven T. Auerbach
  • Danielle R. DeRosa
  • Lee S. Fiederer
  • Eric B. Pearson
  • 1.5 Substantive CLE Credits

The Epidemic of Distracted Driving

(Presented by ROBSON FORENSICS)

This CLE will provide an overview of distracted driving, the different types of distractions and how dangerous distracted driving can be. The presentation will also discuss how human factors experts investigate whether distraction was a contributing factor in vehicle crashes or other incidents. Expert panelists will also discuss the types of electronic devices commonly encountered in distracted-driving incidents (cell phones/mobile devices, GPS systems, vehicle infotainment systems), as well as the types of data and where the data is found for different types of devices (on the device vs. in the cloud or server). This presentation will include graphics and/or animated examples of potential or actual case work, and both presenters will allow time for Q&A following.

Panelists
  • Joel D. Feldman
  • Nancy Grugle, PH.D.
  • Matthew J. Peterson, CFCE, CCPA, CCLO

Rock the Room Networking Luncheon and Quarterly Meeting

  • 12 - 1:30 p.m.

Join us for the official conference welcome and announcements, and enjoy a rockin' buffet-style luncheon as you network with colleagues, new contacts and our valued sponsors.

4 Concurrent CLEs

  • 1:30 - 2:30 p.m.
  • 1 Substantive CLE Credit

Arbitration 101: Top 10 Differences Between Arbitration and Trial Practice

(Presented by the Business Litigation Committee)

As arbitration continues to be the preferred forum for resolution of many types of complex commercial disputes, business lawyers need to know the differences between practice in the courtroom and practice before JAMS, AAA, and other ADR tribunals. Topics covered include: procedural and substantive arbitrability, discovery (especially third-party discovery), motion practice and common mistakes made by trial lawyers when a case is in arbitration.

Course Planner
  • Elizabeth S. Fenton
Moderator
  • Marcel S. Pratt
Panelists
  • Hon. Annette M. Rizzo (Ret.)
  • Patricia M. Hamill
  • Marc J. Zucker
  • 1 Substantive CLE Credit

Airbnb: What to Do?

(Presented by the Real Property Section)

This CLE will discuss the interplay between the Landlord/Tenant Act, the Innkeepers Rights Act and the myriad of Philadelphia licensing and regulations controlling rental properties. There is an assumption that you can simply post your property on the Airbnb site and start renting out the property. In fact, there are a number of regulations and laws that must be followed in order to rent your property in accordance with the law in our Commonwealth. This CLE aims to present the law behind an exciting and trendy new rental experience.

Course Planner
  • Rachel Gallegos, Chair, Real Property Section
  • Steve Harvey Law LLC
Panelist
  • Alexander F. Barth
  • 1 Substantive CLE Credit

A Conversation on Access to Justice in the Civil Courts

(Presented by the Civil Gideon Task Force)

From the movement for civil Gideon to the adoption of resolutions by organizations of state justices and court administrators supporting "100 percent access to justice," national attention has recently focused on the huge numbers of litigants in civil courts who proceed unrepresented, even on matters that put essential human needs at risk. The Conference of Chief Justices has recognized the "primary leadership responsibility" of the Judicial Branch in addressing this problem and courts across the country are grappling with what they can do to understand and appropriately address the problem, and move equal justice forward.

This session will feature a conversation on the civil access to justice movement both nationally and locally. With audience participation, the panel will explore the next steps that the judiciary and the bar, working together, can take to bring us closer to achieving "100 percent access" to justice for all.

Introduction
  • Gaetan J. Alfano, Chancellor
Course Planners
  • Catherine C. Carr
  • Professor Louis S. Rulli
  • Joseph A. Sullivan
  • Merril L. Zebe
Moderator
  • Deborah R. Gross, Chancellor-Elect
Panelists
  • Hon. Debra Todd, Justice, Pennsylvania Supreme Court
  • Hon. Jonathan Lippman, former Chief Judge, New York; former Chief Judge, New York Court of Appeals
  • Hon. Sheila A. Woods-Skipper, President Judge, Philadelphia Court of Common Pleas
  • 1 Substantive CLE Credit

A Fresh Look – Philadelphia Family Court Welcomed Four New Judges in January 2016

(Presented by the Family Law Section)

Please join the Family Law Section to hear from the newest First Judicial District Family Court judges on their perspectives on taking the bench. The judges will discuss their firstyear experiences, what has surprised them, what lawyers do well, what lawyers can do better and what they wish they knew as practitioners that they now know as judges.

Course Planner/Moderator
  • Julia Swain
Panelists
  • Hon. Daine A. Grey, Jr., Court of Common Pleas, Family Division, First Judicial District, Philadelphia
  • Hon. Ourania "Rainy" Papademetriou, Court of Common Pleas, Family Division, First Judicial District, Philadelphia
  • Hon. Christopher Mallios, Jr., Court of Common Pleas, Family Division, First Judicial District, Philadelphia
  • Hon. Daniel R. Sulman, Court of Common Pleas, Family Division, First Judicial District, Philadelphia

4 Concurrent CLEs

  • 2:45 - 3:45 p.m.
  • 1 Substantive CLE Credit

Drafting to Avoid Litigation and What to Do When It Happens

(Presented by the Young Lawyers Division)

This program will provide attendees with an overview of the drafting techniques transactional attorneys can use to avoid litigation over their documents, and the roles transactional attorneys can play when litigation occurs. The panelists will frame their discussion around some of the most common problems that occur when drafting the foundational documents needed to start a business, and will focus on the tension between keeping documents simple and easy to interpret while providing enough structure to avoid the costs and operational disruption of litigation. The panel will also focus on the roles transactional attorneys can play in the litigation process, including providing interpretive guidance to the litigator arguing over a document, helping the litigator understand the context in which the document was drafted, and counseling the client through litigation.

Course Planners
  • Erin E. Lamb
  • Chris S. Yaracs (Moderator)
Panelists
  • Eamon Gallagher
  • Heather A. Herrington
  • Joel Ruffini
  • 1 Substantive CLE Credit

Diversity in "Practice"

(Presented by the Diversity in the Profession Committee)

Building a well-rounded associate development program in each practice group, i.e. estate practice, litigation, business and transactions, criminal law, etc., will not only attract diverse candidates but will also build an inclusive firm. This CLE will address how to develop opportunities for diverse attorneys in various practice areas.

Sub-topics:

  1. Understanding the culture/environment.
  2. How to network and communicate effectively
  3. "Who's on First?"" - the who, where, what and why of the chosen practice areas
Course Planners
  • Henri P. Marcial (Moderator)
  • Sophia Lee
Panelists
  • Priscilla E. Jimenez
  • Sophia Lee
  • Neil Maskeri
  • Shabrei M. Parker
  • Gina F. Rubel
  • 1 Substantive CLE Credit

Trying Adult Sex Offender Cases

Cases involving adult sex offenders raise challenging issues for prosecutors and defense attorneys. Justice Correale F. Stevens and Judge Jack A. Panella will help familiarize the audience with important considerations in navigating the issues in these types of sensitive cases. They also will introduce the audience to the newly published Pennsylvania Benchbook on Crimes of Sexual Violence, Third Edition, recently published by the Administrative Office of Pennsylvania Courts.

Course Planners and Featured Speakers
  • Hon. Jack A. Panella, Superior Court of Pennsylvania
  • Hon. Correale F. Stevens, President Judge Emeritus, Superior Court of Pennsylvania
  • 1 Ethics CLE Credit

Ethical Concern – Conducting Research via "Open Web"

(Presented by LexisNexis)

Everyone does it – to check out movie times, to shop, to update your stock portfolio and more. In short, everyone uses Google™ or Bing™ or some other engine to search the Open Web – it has become a part of daily life. But what about the work done as legal professionals? Should lawyers be using the Open Web to conduct research? Many of them do. In fact, according to the ABA's 2015 Legal Technology Survey Report (Volume V: Online Research), well over 90 percent of researchers use "free online resources" for their research, and many of those practitioners actually start their research with such resources, most often via Google™.

This CLE presentation will answer the following questions: what are the risks? And does reliance on such resources – with respect to both investigative and legal research – place practitioners at risk of violating ethical canons? Worse yet, is malpractice implicated?

Panelists
  • Caren R. Silverman
  • Mary Ann Fasanella
  • Dana M. Roseman

Plenary CLE: "You Heard It Through the Grapevine" - An Introduction to Wine Law

  • 4 - 5:30 p.m.
  • 1.5 Substantive CLE Credits

Alcoholic beverages are among the most regulated consumer products in the United States. Wine producers, importers, distributors and retailers require licenses through both federal and state government agencies. From choosing a business entity to drafting contracts to navigating state shipping laws to labeling and formula approval to laws and rules for grape varieties and appellations of origin, attorney guidance is needed to address some of these contemporary issues in wine law. Learn how the 2005 Supreme Court case Granholm v. Heald has affected the wine industry in the last decade.

Enhance your knowledge and find out how to counsel clients who venture into the growing wine industry. Then, join your colleagues for a wine tasting following the CLE.

Course Planner
  • Tara D. Phoenix

Wine Tasting

  • 5:30 - 6:30 p.m.

Party Under the Stars

  • 7 - 10 p.m.

Dinner, dancing & libations at a poolside reception under the stars (weather-permitting)

Saturday, Sept. 24

Brunch with the Bench - 90 Min CLE

  • 8:30 - 10:30 a.m.
  • 1.5 Substantive CLE Credits

Again we are offering the always-anticipated plenary CLE featuring a conversation with the leadership in Pennsylvania's state courts. This year's “State of the Courts” will include the judicial leadership from the Eastern District and Third Circuit Courts of Pennsylvania, as well as the Pennsylvania Supreme, Superior and Commonwealth Courts, the Philadelphia Court of Common Pleas and Philadelphia Municipal Court. Judicial leaders will provide brief remarks summarizing the developments in their respective Courts, as well as what attorneys can expect from the Courts in the months ahead. Each judicial leader may also address some of the following information:

  • The uniqueness or peculiarities of the individual Court and what the court handles
  • The limits of each Court's jurisdiction and the types of cases that are typically heard there
    • Which Courts have “original jurisdiction,” trial de novo, etc.
  • New internal rules and Rules of Civil Procedure on the criminal side and/or civil side
  • Overview of interesting cases that have been decided by the respective Courts over the last year
Moderator
  • Marc S. Raspanti, 2016 Bench Bar & Annual Conference Chair
Judicial Panelists
  • Hon. Susan Peikes Gantman, President Judge, Pennsylvania Superior Court

4 Concurrent CLEs

  • 10:45 - 11:45 a.m.
  • 1 Substantive CLE Credit

The Visual World: Discovery and Openings

(Presented by the State Civil Litigation Section and Young Lawyers Division)

Robert J. Mongeluzzi, Esq., founder of Saltz, Mongeluzzi, Barrett & Bendesky, will present on the use of technology in discovery and at trial. The program will focus on:

  • Using video and multimedia during discovery depositions
  • Presenting deposition testimony during trial
  • Presenting evidence and visuals to advance your theory at trial

Mongeluzzi will offer real world examples of how to tell the story of your case through powerful visual presentations.

Course Planner
  • Robert W. Zimmerman
Featured Speaker
  • Robert J. Mongeluzzi
  • 1 Substantive CLE Credit

(Who Ya Gonna Call) - How to Navigate the Complex Web of Legal Services for a Client

(Presented by the Public Interest Section)

This course will provide necessary information and resources to assist attorneys in making the proper referral for a client to the appropriate legal services agency by informing attorneys of the specific nature of services provided by the various legal services agencies, and by providing a "snapshot" of the type of issues or problems that the particular agency is equipped to handle. In addition, for those who wish to volunteer to offer pro bono representation, the program will provide information as to the type of training provided and the specific skill sets or knowledge, and time commitments needed by certain legal services agencies by their volunteers.

Course Planner
  • Hon. A. Michael Snyder (Ret.)
Panelists
  • Frank P. Cervone
  • R. Barrett Marshall
  • Rasheedah Phillips
  • Meredith Rapkin
  • Michelin Cahill
  • Philippe Weisz
  • Sara L. Woods
  • 1 Substantive CLE Credit

Private Prosecution: The Dual Representation of Plaintiffs Charged With Criminal Offenses

(Presented by the Criminal Justice Section)

This CLE program examines the dual roles of attorneys tasked with the civil prosecution of unlawful police actions and the defense of individuals accused of crimes. Police brutality, corruption or incompetence, or a combination of the three, have been increasingly scrutinized publicly, providing new opportunities for accountability through the private bar. This CLE will guide all practitioners and help them to understand how to navigate both the criminal and civil trial track to best compensate their clients for their injuries.

Course Planner
  • Kevin Harden, Jr.
  • 1 Substantive CLE Credit

Things That Are Covered But You Didn't Know They Were

(Presented by USI Affinity and the Insurance Programs Committee)

You have received a letter from the Disciplinary Board. You've been told to hire a lawyer. How much will that cost? You have received a subpoena for privileged client information. Do you have to pay for a lawyer to file for a protective order? Your firm is faced with a crisis event because of a cybercrime. You know you need to notify people but who and by when? You've been sued for an employment discrimination claim but don't have employment practices coverage. You might have help from the policies that you already have. This CLE will help identify and address insurance coverages that may be imbedded in an existing policy that you didn't know were available. There are different types of insurance coverage that are present in common policies, i.e. sexual harassment issues, cybersecurity, etc.

Course Planner
  • Paul J. Kazaras
Panelist
  • Douglas R. Widin

Multi-Prize Giveaway Finale

  • 11:45 a.m.

The chance to win the new iPad Pro™ and more!

For sponsorship information contact the Philadelphia Bar Association's Director of Meetings and Special Events, Tracey McCloskey.