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UC Law Grads on the move!


1. John Wirthlin ‘85 (146799) has joined Blank Rome LLP as counsel.

2. Andrew Emmert ‘88 (148860) has joined Katz, Greenberger & Norton LLP as counsel.

3. Yvette Simpson ‘04 (5037684) has joined Ulmer & Berne LLP as counsel in its Cincinnati office

4. Helana Darrow ’98 (5005954)  has joined Frost Brown Todd.

UC Law Alumnus Tarik Haskins '03 Appointed Vice-chair to ABA Secured Lending Subcommittee


Tarik Haskins '03Wilmington, DE (August 13, 2012) – 2003 University of Cincinnati School of Law alumnus Tarik Haskins, partner at Morris, Nichols, Arsht & Tunnell LLP and member of the firm’s Delaware Commercial Law Counseling Group, has been appointed to a 3-year term as Vice-Chair of the Secured Lending Subcommittee of the Commercial Finance Committee of the American Bar Association’s Business Law Section, effective August 1, 2012.

The mission of the Secured Lending Subcommittee is to provide a forum for discussion of legal issues related to security interests in personal property in a variety of financing arrangements, from traditional asset-based loans and factoring arrangements to securitizations and more exotic forms of receivables sales and financings, whether under UCC Article 9, common law, international conventions, or otherwise. The Subcommittee welcomes discussion relating to collateral of all types.

Tarik’s practice covers a wide range of commercial transactions including mergers and acquisitions, joint ventures, loan agreements and business counseling. He also focuses on organizational and operational issues related to limited liability companies, limited partnerships and statutory trusts, and is involved in the preparation of third party legal opinions in connection with a wide range of transactional matters.

ABOUT MORRIS NICHOLS: Morris, Nichols, Arsht & Tunnell LLP combines a broad national practice of corporate, intellectual property, business reorganization and restructuring, commercial law and litigation with a general business, tax, estate planning and real estate practice within the State of Delaware. The firm is regularly involved as lead counsel or co-counsel in matters of national and international significance, as well as those affecting its immediate community. www.morrisnichols.com

Law Firm Graydon Head Kicks Off Fundraising Drive


In June of this year, Graydon Head kicked off fundraising efforts within the firm to support the Cornerstones Campaign and the new building efforts at the College of Law. Led by UC Law grads Lyndsey Barnett ’04, Barb Hopewell ’78, Katherine (Kelly) Leibold ’10, and Partners Dan Burke ’88, Jack Greiner and Richard La Jeunesse, the firm set out to raise $50,000 – with half of that amount coming from a generous matching gift from the firm.

These funds would be used to name one of the Law Review offices in our new building.  At the campaign kickoff, Dean Bilionis, the committee and nearly 40 alumni and friends of UC Law gathered to launch this new initiative.  After all was said and done, the Graydon campaign not only exceeded their $50,000 goal, but surpassed it, raising over $75,000! We’d like to thank the firm’s committee and the many alumni and friends who supported this great effort.

Lisa Hathaway '89 Looks at Healthcare With a Legal Eye


Lisa Hathaway became a lawyer specializing in healthcare through a side door, you might say: she started out as a nurse.

Hathaway earned her bachelor’s degree in nursing in 1982 and was working on a master’s degree in nursing; she considered medical school. In the course of her studies, she reviewed a few legal cases that piqued her interest in the law. So she decided a change of career might be in order.

“I took the LSATs and did pretty well!” she says. So she entered the University of Cincinnati College of Law. Luckily, she still had her nursing degree to fall back on, she says: “I worked as a nurse during law school so I could eat.”

She passed the bar in 1989. Her first position was as a risk manager for Riverside Methodist Hospitals (now OhioHealth). Then she went to work for Baker & Hostetler, also in Columbus, as a staff attorney.

“I was lucky enough to land an in-house corporate position with HCR Manor Care just five and a half years out of law school,” she says. She worked a total of 10½ years there, half of which was in the legal department as one of the attorneys, the other half as the national director of managed care contracting — in addition to being one of the attorneys in the legal department.

At that point Hathaway was recruited by Blue Cross/Blue Shield of Florida. “I was glad to leave my snow shovel behind!” she says. Now, as one of 12 assistant general counsel attorneys (in addition to one deputy general counsel and two vice president senior counsels), she works on complex contracts, Medicare Advantage and Part B issues. She frequently works with payment issues and care management staff.  “I also support the special investigative unit on fraud and abuse,” she adds.

Hathaway is active in the American Health Lawyers Association, a legal organization of 11,200  attorneys. She was elected to the board in 2011. Prior to that she chaired the Payors, Plans and Managed Care Practice Group for three years. Hathaway is also a board member of the North Florida Chapter of the National Multiple Sclerosis Society. She is a frequent speaker at educational meetings, especially on topics related to long-term care, Medicare abuse and managed care contracting.

Hathaway says that she owes her knowledge of advanced contracting to College of Law Professor Alfonse Squillante. “He was the hardest contracting professor at UC,” she says. “I like contracting law now, but back then I had no idea what I was reading. It was so hard.” She recalls how he had students on the very first day stand in front of the class (Cris Collinsworth was a classmate, in fact) while he grilled them with questions as “Judge Squillante.” Although Prof. Squillante died in 1999, Hathaway had been able to convey the effect he had on her career. “He made me love contracts to this day.” Read more about Professor Alphonse Squillante in UC Magazine.

 

Lisa Hathaway shared her reaction to the recently announced United Supreme Court Decision in regards to the Patient Protection and Affordable Care Act:

The United States Supreme Court (“Court”) decision has limited precedential value as it was a 5-4 decision in regards to the individual mandate and the constitutionality of the 2010 Patient Protection and Affordable Care Act (“PPACA”). Only five of the Justices, including Chief Justice Roberts, agreed on the remedy of treating the mandate, which requires most Americans maintain “minimum essential” health insurance coverage as a tax and not a penalty (even though in PPACA, the word “penalty” is mentioned 18 times and it is never mentioned that it is a tax). The dissent by four of the Justices (Scalia, Kennedy, Thomas and Alito), which is very good, clearly sets forth these four Justices’ conclusions in regards to PPACA, the constitution, the separation of powers and their analysis of Congress’s intent. The dissent focuses on two questions of first impression regarding whether the “failure to engage in economic activity (the purchasing of health insurance) is subject to regulation under the commerce clause” and whether “Congress’s power to tax and spend permits the conditioning of a State’s continued receipt of all funds under the massive state administered welfare program upon its acceptance of an expansion to that program.” The dissent addresses whether failure to act may affect commerce (or not), and how the Court has never found a law enacted under the spending power to be “coercive.” The decision is a good read. Finally, what is more compelling is the 7-2 decision in regards to PPACA’s expansion of the Medicaid program. The Court concluded that Congress cannot compel the States to expand Medicaid to adults up to 133% of the federal poverty level and use the threat of the withdraw of all federal funding for a State for Medicaid if a State does not comply (increasing the coverage requirements and types of individuals covered). It is viewed by many that the Medicaid expansion in the PPACA is in essence an element of a comprehensive plan for universal health care coverage. And now, even with this Supreme Court opinion on PPACA’s constitutionality, the debate continues and there will continue to be much political and legislative activity in regards to health care and reform.

Defending Doctors, Lawyers, and Institutions: Meet Jim Malone


James L. Malone 70, of Reminger Attorneys of Law, is a man of many accomplishments: he’s an emeritus member of the Management Committee of Reminger Co., L.P.A. and past vice chair of the Medical Liability Practice Group. Since joining the firm in 1973, he has served as first chair counsel for more than 100 medical malpractice jury trials in the courts of northeast Ohio. His awards represent the finest honors that lawyers can achieve: invited member of the American Board of Trial Advocates, invited member of the International Association of Defense Counsel, member of the Defense Research Institute, member of the Ohio State Bar Association, listed in the “Best Lawyers in America”, listed as one of the “Ohio Super Lawyers,” former director of the Northeast Ohio Community Health Plan, former trustee of Hillcrest and Huron Hospitals, and former faculty member of Case Western Reserve School of Dentistry.

Even with all these honors, if you ask Jim Malone what he is proudest of, he says simply, “my three children and my wife, and the fact that I’ve been married to the same woman for 42 years. My family truly understands what it means to be ‘in trial’: birthdays missed, trips cancelled at the last minute.”

Being a lawyer specializing in institutional defense and defending doctors and lawyers is an important, demanding job, and his Malone’s family played an important role in his career.

One of Malone’s family members fashioned his own career in a similar vein, you might say. His son also received his undergraduate degree from the University of Notre Dame and then went on to the University of Cincinnati for his professional degree, as his father did. However, his son chose the College of Medicine where Jim chose the College of Law, both serving the field of healthcare in different ways.

Taking a Deep Look at the Impact of HIPAA

In 2002 Malone served as lead counsel in a trial that resulted in what the National Law Journal deemed to be “the most significant defense verdict of the year.” A key point in that case focused on sharing information.

Information, especially in the form of chart documentation, has become an important challenge to both practitioners of law and medicine. In fact, it was a major impetus behind the 1996 Health Insurance Portability and Accountability Act (HIPAA).

“In Ohio, we have always adhered to strict confidentiality provisions,” Malone says. “When a person files a lawsuit, he waives those provisions.” However, Malone notes, when it comes to shipping health records, not even the attorneys within his own firm agree. Moving electronic records increases the risk of exposure exponentially over moving paper records.

However, electronic medical records have many advantages in that they are rapidly accessed by care providers, can be accessed by people in different locations, and can be accessed by multiple people simultaneously.

“And that’s a good thing,” says Malone. “But it’s extremely challenging.”

A Paper Trail is Key in the Court Room

Documenting a medical intervention electronically presents problems if something goes wrong and a lawsuit ensues.

“The operating room operates on a now basis,” Malone says. But in the court room, speed is not the top priority: the paper trail is more important. “The computerized chart is hard to re-create.” When something fails, it is usually not because of an isolated event but rather a sequence of events. We need to know when they intervened and what else was going on at the time.”

He points out, somewhat tongue in cheek, that the newest lawyers in his firm are becoming computer experts.

Another impetus behind HIPAA was to ensure that people could maintain insurance coverage when changing jobs, especially for pre-existing conditions. This has been the case since 1996 because of HIPAA, not because of the Patient Protection and Affordable Care Act of 2010.

That act was recently under the scrutiny of the Supreme Court, which released its ruling on June 28, 2012, in a 65-page ruling on the 2,700-page piece of legislation. In a 5?4 decision, the court ruled that the act was constitutional and did not exceed Congress’ scope of powers.

At the time of this interview, Jim Malone had not yet read the ruling, but he has an insider’s perspective of what it might mean. Still, he says, “I do not know exactly what it’s going to do — I doubt most people do.”

He points out that where people say the law will minimize the number of people who are uninsured, it really means minimizing the number of people who don’t pay. 

“It’s not minimizing people who don’t receive care,” he says. “The hospitals will still treat you; they just don’t get reimbursed.”

Malone says that the hospitals will be able to reduce unpaid care, so that eventually it will improve the community.

“I believe it’s not an issue of health care but an issue of payment,” he says.

He does feel that many people are expressing opinions — on both sides — who have probably not even read the original act. “The statute itself is more than 2,000 pages. Who has actually read it? I doubt many have.”

In the end, he says, “I don’t see us turning into Canada with socialistic medicine, waiting six weeks for a kidney or dying while waiting for one.”

Taft Partner Mark Stepaniak '80 Elected to St. Ursula Academy Board


Mark J. Stepaniak '80

CINCINNATI, OHIO (July 24, 2012) – Taft Stettinius & Hollister LLP is pleased to announce that Mark J. Stepaniak, a partner in the Labor and Employment Practice Group of Taft Stettinius & Hollister’s Cincinnati office, has been elected to the Board of St. Ursula Academy. St. Ursula Academy is a Catholic, college-preparatory, secondary school for young women. St Ursula Academy offers strong academics, as well as moral values, standards of excellence and exercises in Christian leadership, and service in family, Church and society.

Mr. Stepaniak joined the law firm of Taft Stettinius & Hollister LLP in 1981 and is a partner in the Labor and Employment Practice Group. He received his undergraduate degree from Thomas More College in 1977 and his law degree from the University of Cincinnati College of Law in 1980.

Mr. Stepaniak represents employers in all aspects of labor and employment law, including litigation for employers in the federal and state courts involving wrongful discharge, sexual harassment, race and age discrimination, retaliatory discharge and wage and hour matters. He is experienced in trade secret and non-competition agreement litigation and has extensive experience negotiating collective bargaining.

Mr. Stepaniak is honored with inclusion in The Best Lawyers in America and Chambers USA: America's Leading Business Lawyers. He is named in the Cincinnati Magazine listing of Ohio Super Lawyers. He is a member of the Public Affairs Council of the Greater Cincinnati Chamber of Commerce, and its Work Force and Education Committee, is a member of the Board of Directors of the Dan Beard Council of the Boy Scouts of America and is Past President of the Board of Trustees for Catholic Social Services of Southwestern Ohio. Mr. Stepaniak served as Chair of the firm's Employment Committee and is a former member of the Executive Committee. Mark and his wife Anne reside in East Walnut Hills.

Angie JacksonAbout Taft’s Community Involvement
Since the firm's founding, one of Taft's fundamental principles has been that giving back to the community is an integral part of what defines a responsible company and its employees. Today, Taft attorneys and staff are actively involved in more than 150 organizations in the communities where we live and work. From the arts and cultural groups to non-profits and professional organizations, the firm takes great pride in its volunteer service.

About Taft

At Taft Stettinius & Hollister LLP, delivering outstanding legal performance to help clients succeed is what drives and motivates our more than 330 attorneys every day. Taft has offices in Cincinnati, Cleveland, Columbus and Dayton, Ohio; Indianapolis, Indiana; Covington, Kentucky; and Phoenix, Arizona. The firm practices across a wide range of industries, in virtually every area of law, including Business and Finance; Litigation; Labor and Employment; Intellectual Property; Business Restructuring, Bankruptcy and Creditor Rights; Environmental; Health and Life Sciences; Private Client Services; Real Estate; and Tax. With a proven track record of experience since 1885, the firm offers breadth and depth of legal expertise coupled with a trusted business perspective to help our clients, big and small, regionally, nationally and internationally, reach their goals. For more information, please visit www.taftlaw.com.

Helana A. Darrow '98 Joins Frost Brown Todd


July 20, 2012 (Cincinnati, OH) – Helana A. Darrow has joined Frost Brown Todd as a member in the employee benefits practice area. Prior to joining the firm, Darrow was a partner with Dinsmore & Shohl. She has experience in all aspects of employee benefits and executive compensation including: counseling clients on the design, implementation, administration, operation and termination of employee benefit plans. She also represents clients before the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation.

Darrow is involved in the National Association of Stock Plan Professionals and the National Center of Employee Ownership. She graduated from the University of Cincinnati College of Law and received her bachelor’s magna cum laude from Morehead State University.

 

About Frost Brown Todd

Frost Brown Todd is a full-service law firm serving some of America’s top corporations and emerging companies. With attorneys regularly identified by clients, peers and industry organizations as leaders in their practice areas, the firm advises and protects clients in business transactions and litigation in industries including insurance, banking, financial services, manufacturing, transportation, real estate, construction, energy and healthcare. Its nearly 450 attorneys in nine offices throughout Ohio, Indiana, Kentucky, Tennessee and West Virginia provide unparalleled service to meet clients’ needs; deliver the insights and solutions available only from a diverse group of professionals; and support the communities in which they operate. To learn more, visit www.frostbrowntodd.com.

Taft Associate Ryan M. Martin Selected for Leadership Northern Kentucky Program


COVINGTON, KENTUCKY (July 12, 2012) – Taft Stettinius & Hollister LLP is pleased to announce that Ryan M. Martin, an attorney in the firm’s Labor and Employment practice group, has been selected to participate in the 2013 Class of Leadership Northern Kentucky. Leadership Northern Kentucky is a program that helps individuals develop leadership skills and knowledge of regional issues to bring positive changes to the community through informed leadership.

Martin counsels and represents employers in all aspects of labor and employment law, including litigation for employers in federal and state courts involving discrimination, harassment, retaliatory discharge, wrongful discharge, wage and hour matters, ERISA matters, class actions, and trade secret and non-competition agreements. He was selected as an Ohio Super Lawyers Rising Star, and he is a member of the executive board of the Cincinnati Bar Association Young Lawyers Section. Martin received his undergraduate degree from the University of North Carolina and his law degree from the University of Cincinnati College of Law.

About Taft

At Taft Stettinius & Hollister LLP, delivering outstanding legal performance to help clients succeed is what drives and motivates our more than 330 attorneys every day. Taft has offices in Cincinnati, Cleveland, Columbus and Dayton, Ohio; Indianapolis, Indiana; Covington, Kentucky; and Phoenix, Arizona. The firm practices across a wide range of industries, in virtually every area of law, including Business and Finance; Litigation; Labor and Employment; Intellectual Property; Business Restructuring, Bankruptcy and Creditor Rights; Environmental; Health and Life Sciences; Private Client Services; Real Estate; and Tax. With a proven track record of experience since 1885, the firm offers breadth and depth of legal expertise coupled with a trusted business perspective to help our clients, big and small, regionally, nationally and internationally, reach their goals. For more information, please visit www.taftlaw.com.

Greg Mohar becomes new Interim General Counsel for UC


With great appreciation for his 19 years of dedicated service to UC, I am writing to report to you that General Counsel Mitchell D. McCrate has informed me of his intention to step down. Mitchell has assured me that he will work closely with us to ensure a smooth transition, and I am truly grateful for his willingness to do so.

Mitchell has served as General Counsel since December 2006, including his time as Interim General Counsel. A graduate of Duke Law School, he joined the Office of the General Counsel at UC in 1993. Prior to that, he was an associate at Taft, Stettinius & Hollister in Cincinnati and held similar positions at two firms in Chicago.

As we make the transition to new leadership in the position of General Counsel, we will also restructure the position to report directly to me. Those of you who have been employed at UC for some time will remember that the General Counsel reported to the President prior to the Zimpher administration, and I believe that this former structure best serves the needs of the university and our future.

While we search for a new General Counsel, I have asked Greg Mohar to serve as Interim General Counsel, and he has graciously agreed. Greg joined UC as an associate general counsel in March 2005 after more than 20 years in private practice and is an alumnus of the UC College of Law.

Please join me in thanking Mitch for all that he has done for the university over the past two decades, and in welcoming Greg to this interim position.

UC Law's John Hunt joins Boston firm Nutter


Nutter Expands Business Department
John Hunt joins firm, brings extensive experience representing asset managers,
mutual funds, hedge fund sponsors and other investment funds.

(Boston, MA) – The law firm of Nutter McClennen & Fish LLP announced that John Hunt has joined the firm as a partner in the Business Department. Hunt’s practice focuses on representing asset managers and their affiliates on regulatory, compliance and transactional matters. He joins Nutter from his own firm McLaughlin & Hunt LLP.

Hunt represents U.S. and non-U.S. asset managers, mutual funds and sponsors of hedge funds, bank-managed collective investment funds, private equity funds and venture capital funds with respect to their regulatory, compliance and transactional matters. He regularly interfaces with U.S. regulators on a broad range of matters, including exemptive order applications, no-action letters, registration statements and examination inquiries.

Hunt has significant experience with onshore and offshore money market funds and other types of cash management products. He also assists asset managers and fund sponsors in organizing and operating U.S. and non-U.S. collective investment vehicles, including registered/publicly offered mutual funds, commodity pools and hedge funds organized in the Luxembourg, Ireland, Australia, the Cayman Islands, Bermuda, the British Virgin Islands, and many other offshore jurisdictions. Over his career, Hunt has interacted extensively with non-U.S. regulators.

“John’s expertise in investment funds brings valuable strength to our ability to serve our corporate clients,” said Alex Glovsky, manager of the Business Department. “We are fortunate to be able to add his experience to our corporate practice.”

“I look forward to working with the exceptional clients and outstanding team of attorneys at Nutter and to building on Nutter’s already strong corporate practice,” said Hunt.

Hunt has practiced corporate law with other national firms in Boston and San Francisco. Prior to that, he was the general counsel and chief compliance officer of IXIS Asset Management Global Associates
(now Natixis Global Associates).

He received a J.D. from the University of Cincinnati College of Law and an A.B. from Middlebury College.

About Nutter McClennen & Fish LLP

Nutter McClennen & Fish LLP is a leading firm representing major global corporations and other public companies, privately held businesses, and leading medical and educational institutions in a range of legal practice areas. The firm was founded in 1879 by Louis D. Brandeis, who later served on the U.S. Supreme Court, and Samuel D. Warren.