Columbus Bar Association

THE DAILY REPORTER Friday, February 6, 2015
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COLUMBUS BAR Frid
The Official Weekly News of the Columbus Bar Association
Columbus Bar Foundation and Association Gala 2015
Brits and Skits
On Saturday, March 14, the
Shadowbox Live troupe will
present an exclusive show,
“Brits and Skits,” written and
performed exclusively for the
Columbus Bar Association and
Foundation. Join us for an evening of witty repartee, good
food and amazing entertainment - last year’s event was a
sellout, so don’t be closed out.
We have rented the theater
for the entire evening of spectacular entertainment. Cocktails in the Backstage Bistro,
then into the theater for dinner
and a show that will knock your
socks off – followed by a private
after party.
In another twist from previous years, we will have open
seating, giving you the opportunity to mix and mingle. If
your firm wishes to be seated
together, we will do our best
to accommodate that request,
but Shadowbox tables seat only
4, 6 or 8 people. Seating is limited, and so are the remaining
tickets.
The Gala is an annual event
in support the Columbus Bar
Foundation. Proceeds from
“Brits and Skits” will provide
significant funding to further
the mission of the Foundation
which is to fund programs and
projects that improve access to
the courts, encourage greater
professionalism, provide law
school scholarships, and promote understanding of the law
and the role of the legal profession.
Crown Jewels Sponsor
($7,500)
Includes recognition in all media releases and print materials as a Crown Jewels Sponsor;
twenty seats at the Gala; name
featured in the Gala program;
and acknowledgement in Columbus Bar Friday and Columbus Bar Lawyers Quarterly .
Tower of London Sponsor
($5,000)
Includes recognition in all media releases and print materials
as a Tower of London Sponsor;
ten seats at the Gala; name featured in the Gala program; and
acknowledgement in Columbus Bar Friday and Columbus
Bar Lawyers Quarterly.
Buckingham Palace Sponsor
($4,000)
Includes recognition in all media releases and print materials as an Buckingham Palace
Sponsor; eight seats at the Gala;
name featured in the Gala program; and acknowledgement
in Columbus Bar Friday and
Columbus Bar Lawyers Quarterly.
Abbey Road Supporter ($200
individual; $400 per couple)
Includes recognition in all media releases and print materials
as an Abbey Road Supporter;
one seat (individual) or two
seats (couple) at the Gala.
Sponsorships must be confirmed by February 13.
Contact Donna Sweet at
[email protected] or 3402062 for further information.
Business Sale: Distinguishing Between
Business and Personal Goodwill
Understanding the distinction between business
and personal goodwill can be a valuable tool for
advising your client on tax and other matters.
From a tax perspective, allocating value to
business and personal goodwill can be advantageous for the seller of a C corporation. This issue has been a source of contention within the
Internal Revenue Service, with early taxpayer-favorable decisions followed by more recent IRSfavorable decisions. The more recent decisions
tend toward bad facts and/or lack of analysis and
support for the allocation. That said, these cases
are highly based on facts and circumstances.
Understanding the questions to ask from the beginning is key. For example: Is there an existing
non-compete agreement? How many customers does the business have? Who drives those
relationships?
Once it is established that there is a personal
goodwill component, then it is important to
support the allocation with economic analysis.
There are different ways to
support the allocation and
bifurcate goodwill between
personal and business.
While there is no leading
methodology, there are certain well-accepted analytical tools that this presentation will cover.
Want to learn more about
this topic? Join the Business
Sparks White
Tax Committee on Wednesday, February 11 from noon
to 1:00pm at the Columbus
Bar. During this one-hour meeting, Courtney
Sparks White, J.D., LL.M., ASA, CVA, will highlight the relevant case law, briefly review planning opportunities, and discuss the valuation
considerations that will help support a goodwill
allocation. No advanced registration required.
REQUEST FOR NOMINATIONS
The John and Ginny Elam Pro Bono Award
Deadline: March 27, 2015
ColumbusFindaLawyer.org
Presents: Attorney Shawn
R. Dominy
What experiences (work and personal) help
you to be a better attorney?
I have completed several courses specific to
DUI/OVI defense. I underwent the same training as police officers for DWI Detection and
Standardized Field Sobriety Testing. I also
took the ARIDE course: Advanced Roadside
Impaired Driving Enforcement. I completed
programs for breath testing focusing on the
two breath-testing machines used in Ohio. I
also took a course from the American Chemi- Dominy
cal Society in forensic gas chromatography; the
analytical method used for testing blood and
urine.
What made you choose your primary specialty focus of law?
Earlier in my career, I practiced general criminal defense. The more
I handled DUI/OVI cases, the more I liked them, and the more I realized how complicated these cases are. I decided to develop expertise in DUI/OVI defense and found opportunities to learn with
organizations like the National College for DUI Defense and the DUI
Defense Lawyers Association.
Your input is requested in identifying candidates
for the 2015 John and Ginny Elam Pro Bono
Award, which will be presented at the Ohio State
Bar Association Annual Meeting luncheon at the
Kalahari Resort, Sandusky, Ohio, on April 30 by
Justice Judith French.
Award Criteria
The award recognizes a lawyer’s exceptional pro
bono legal work in the State of Ohio, which may
consist of pro bono representation necessary to
make the system of justice available to all, support to organizations that provide pro bono representation to indigent clients, or time and skills
donated to community, governmental and other
activities that promote the common good.
The award recipient will receive recognition
at the OSBA Annual Meeting and in various legal and general interest media. In addition, the
awardee will be able to designate a 501(c)(3)
organization to receive a $5,000 grant from the
Award Fund at the Columbus Bar Foundation.
Nomination Process
Individuals may be nominated for the Award by
the submission of an email or letter to the Award
Selection Committee Chair, Norton R. Webster,
Pictured: Past recipients of the Elam Family
Pro Bono Award, Jim and Babette Feibel (L-R
Babette Feibel, Judge Dana Preisse, Jim Feibel
and Ginny Elam)
at [email protected], 52 East Gay Street, P.O.
Box 1008, Columbus, Ohio 43216-1008. Nominations must be received by March 27, 2015 to
receive consideration by the Selection Committee. Nominations should include a brief description of the qualifications of the nominee for the
award, as well as contact information for the
nominee and/or nominator.
Notice to Attorneys Who Practice In Municipal Court
The Judges of the Franklin County Municipal Court hereby give notice of their intention to amended
Loc. R. 4.12 to authorize the approval of search warrants and the issuance of investigative subpoenas by electronic means. You may view the proposed amendments at http://www.fcmcclerk.com.
All comments regarding these amendments must be submitted to Magistrate Kathleen E. Graham
at the Franklin County Municipal Court, 375 South High Street, 10th Floor, Columbus, Ohio 43215 or
through email at [email protected] by the close of business on Friday, February 13, 2015.
What makes your law firm unique?
I limit the number of clients I represent; typically one new client per
week. By representing a limited number of clients, I am able to provide the level of service I would want if I were a client. In addition,
I recently authored a book describing what clients need to know
before going to court and before hiring an attorney for DUI/OVI in
Ohio.
Describe your personal interest and hobbies.
I enjoy family time, exercise, and music. I play drums occasionally
with local bands, and I also play at my church.
Read more about Mr. Dominy on ColumbusFindaLawyer.org.
Members of the New Lawyers Committee spent an evening at Wolf’s Ridge Brewing in downtown
Columbus, tasting several of the establishment’s unique craft beers and learning about the brewing
process. Wolf’s Ridge is a family owned and operated craft brewery and restaurant focused on locally
sourced products and services.
TURN THE PAGE FOR SERVING NOTICE
DID YOU KNOW?
Dates have been set for
the 2015 Bankruptcy Law
Institute (May 7-8) and the
2015 Probate Law Institute
(May 12). Check www.
cbalaw.org soon for details
and registration information.
COMMITTEES
Friday, February 6
Social Security Disability
Noon - 1 p.m.
Kelly Iacuzzo and Shannon
Bateson, co-chairs
Speaker: Dr. John Finch,
Vocational Expert
Topic: The Role of the
Vocational Expert and CrossExamination of the VE in SS
hearings.
Tuesday, February 10
Legal Research and Information
Technologies
Noon - 1 p.m.
Ingrid A. Mattson, Chair
Speaker: Timothy Sarko, Data
Dissemination Specialist with
the US Census Bureau
Topic: Tutorial on the bureau’s
revamped American FactFinder
database
Wednesday, February 11
Professionalism
Noon - 1 p.m.
Doug Holthus, Chair
Speaker: Mike Valentine, Esq.,
Reminger Co., LPA
Topic: Professionalism in a
Litigation Practice
Wednesday, February 11
Federal Court
Noon - 1 p.m.
Rex Miller, Chair
Speaker: The Honorable
Gregory L. Frost, U.S. District
Court, Southern District of
Ohio
Wednesday, February 11
Business Tax
Noon - 1 p.m.
Eleanor Palmer, Chair
Speakers: Courtney Sparks
White, J.D., LL.M., ASA, CVA,
Director of Business Valuation
& Forensic Accounting, Clarus
Partners
Topic: Business Sale:
Distinguishing Between
Business & Personal Goodwill
Thursday, February 12
Health Care Law
Noon - 1 p.m.
Shakeba DuBose, Chair
Speaker: Maritsa Flaherty,
Associate Assistant Attorney
General, Health Care Fraud
Section, Ohio Attorney
General’s Office
Topic: State level health care
fraud enforcement and an
overview of how cases are
brought against healthcare
providers as well as examples
of cases where health care
providers defrauded the
Medicaid program and were
prosecuted
Friday, February 13
Workers’ Comp
12:15 p.m. - 1:15 p.m.
Katherine Ivan, Chair
Speaker: John V. Cattie, Jr.,
MSP Compliance Attorney,
Garretson Resolution Group
Topic: Updates to Medicare
Set-Aside Requirements
Friday, February 13
ADR
Noon - 1 p.m.
David Cohen, Chair
Speaker: George Albu,
mediator for the Columbus
office of the Federal Mediation
and Conciliation Service.
Recently served as mediator
in the Reynoldsburg dispute
between teachers and
Administration.
Topic: Multiparty mediation,
the FMCS, and some war
stories.
Wednesday, February 18
Construction Law
Noon - 1 p.m.
Andrew Fredelake
Speaker: Stan Dobrowski,
Calfee, Halter & Griswold
Topic: Public Private
Partnerships in the
Construction industry
Thursday, February 19
Transportation Law
Noon - 1 p.m.
Gary Tober, Chair
Speaker: W. Martin Midian,
Ross and Midian, LLC.
Topic: The effects of an OVI on
CDLs and provide an update
on recent developments and
changes in OVI law.
Thursday, February 19
Environmental Law/Energy
Law Joint Meeting
Noon - 1 p.m.
Dylan Borchers, Chair, Energy
Law
Rees Alexander, Chair,
Environmental law
Speaker: Molly Corey,
Attorney, Division of Oil and
Gas Resources Management,
Ohio Department of Natural
Resources
Topic: Oil and gas regulatory
update, as well as a shale
legislative update.
Continued on Page B-2
B-2
FRIDAY, FEBRUARY 6, 2015
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COLUMBUS BAR Fri
CLE At-A-Glance
Friday, February 13, 2015 (8:00-9:30am)
PREP-Probate Session 6-Administration with
the Court, Step by Step through the Forms
1.5 CLE/NLT Training Hours
Event #150213PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Friday, February 20, 2015 (8:00-9:30am)
PREP-Probate Session 7 - Guardianship,
Overview
1.5 CLE/NLT Training Hours
Event #150220PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Friday, February 27, 2015 (8:00-9:30am)
PREP-Probate Session 8 - Guardianship
Administration
1.5 CLE/NLT Training Hours
Event #150227PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Friday, March 6, 2015 (8:00-9:30am)
PREP-Probate Session 9 - Administration of Person & Administration of Estate
1.5 CLE/NLT Training Hours
Event #150306PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Wednesday, March 11, 2015 (1:30-4:45)
Business Valuation Basics: What Every Lawyer
Needs to Know-Part 1 of 3
3.0 CLE Hours (Pending Approval)
Event #150311OT
CLE Easy Pass Eligible
Friday, March 13, 2015 (8:00-9:30am)
PREP-Probate Session 10 - Land Sale
1.5 CLE/NLT Training Hours
Event #150313PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Tuesday, March 17, 2015 (1:30pm-4:45pm)
New Lawyer Training: Practice Area Sampler
(Video Replay from 11/18/14)
3.0 NLT CLE Hours (Pending Approval)
Event #150317NL
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Friday, March 20, 2015 (8:00-9:30am)
PREP-Probate Session 11 - Adoption
1.5 CLE/NLT Training Hours
Event #150320PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Friday, March 27, 2015 (8:00-9:30am)
PREP-Probate Session 12 - Ethics
1.5 CLE/NLT Training Hours
Event #150327PR
Pricing: M $60/$67.50 - NM $97.50/$95 - Non-Attorney
$45/$52.50
CLE Easy Pass Eligible
Friday, March 27, 2015 (1:30:-4:45)
On Target: Gun Law
(Approval Pending)
Event #150327OT
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Tuesday, March 31, 2015 (1:30-4:45pm)
New Lawyer Training - Employment Law
(Video Replay from 12/17/14)
3.0 NLT CLE Hours (Pending Approval)
Event #150331NL
Pricing: M: $120/$135 - NM $170/$185 - P: $90/$105
CLE Easy Pass Eligible
Tuesday, April 14, 2014 (1:30-4:45pm)
New Lawyer Training: Litigation 101
(Video Replay from 9/16/14)
3.0 NLT CLE Hours (Pending Approval)
Event #150414NL
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Tuesday, April 28, 2014 (1:30-4:45pm)
New Lawyer Training: The Core Curriculum
(Video Replay from 10/21/14)
3.0 NLT CLE Hours (Pending Approval)
Event #150428NL
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Monday, March 2, 2015 (1:30-4:45pm)
Wednesday, March 18, 2015 (9:00-12:15pm)
Managing the Media: Lawyers & the Press
(Video Replay from 12/8/2014)
3.0 CLE Hours (with 0.5 Professional Conduct)
Event #150318OT (Pending Approval)
Pricing: M: $120/$135 - NM: $170/$185 - P/Non-Attorneys:
$90/$105
CLE Easy Pass Eligible
Monday, March 23, 2015 (9:00am-12:15pm)
Top 10 Estate Planning Disasters...
And How To Avoid Them
3.0 CLE Hours (Pending Approval)
Event #150323PR
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Tuesday, March 24, 2015 (1:30-4:45pm)
Non-Profit & Exempt Organizations:
What You Need to Know-Part 1
(Video Replay from 12/18/14) - 3.0 CLE Hours
(Pending Approval)
Event #150324OT
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Thursday, March 26, 2015 (3:00-5:00 pm)
Understanding & Interrupting Implicit Bias in
Informal and Formal Feedback/Evaluation Systems
2 Professional Conduct Hours (Approval Pending)
Event #150326RQ
Pricing: M: $80/90 -NM: $115/$125 - P/Non-Attorney: $60/$70
CLE Easy Pass Eligible
Monday, March 30, 1:30-4:45pm
Financial Statements, Tax Returns & Closely Held Bullying Symposium
Replay from 9/3/14)
Businesses: What Every Attorney Needs to Know (Video
3 CLE Hours (Pending Approval)
(Video Replay from 12/11/14)
Event #150302OT - 3.0 CLE Hours (Pending Approval)
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Tuesday, March 3, 2015 (9:00am-12:15pm)
Bench Tips for the Bar – Part 1: Spousal Support
(Video Replay from 11/21/14)
Event #150303DRa – 3.0 CLE Hours (Pending Approval)
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Tuesday, March 3, 2015 (1:30-4:45pm)
Event #150330OT
Organizer: Derek Towster, Scott Scriven & Wahoff LLP
Pricing: M: $120/$135 - NM: $170/$185 - P/Non-Attorneys:
$90/$105
CLE Easy Pass Eligible
Thursday, April 2, 2015 (9:00-12:15pm)
Non-Profit & Exempt Organizations:
What You Need to Know-Part 2
3.0 CLE Hours (Pending Approval)
Event #150402OT
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Bench Tips for the Bar – Part 2:
Temporary Orders
(Video Replay from 11/21/14)
Event #150303DRb - 3.0 CLE Hours (Pending Approval)
Pricing: M: $120/$135 -NM: $170/$185 - P/Non-Attorney:
$90/$105
CLE Easy Pass Eligible
Thursday, March 12, 2015 (1:30PM-4:45pm)
2014 Ohio Oil & Gas Law Update
(Video Replay from 10/10/14)
3.0 CLE Hours (Pending Approval)
Event #150312EN
Pricing: M: $120/$135 - NM: $170/$185 - P/Non-Attorneys:
$90/$105
CLE Easy Pass Eligible
COMMITTEES
Continued from Page B-1
Friday, February 20
Government Agencies
Noon - 1 p.m.
Allan Showalter, Chair
Speaker: John Barron, Casino
Control Commission
Topic: The progress of the
Commission and the work
and challenges that went into
building a new state regulatory
entity
Wednesday, March 4
Government Agencies/
Environmental Law Joint
Meeting
Allan Showalter, Government
Agencies Chair
Rees Alexander, Environmental
Law Chair
Speaker: Justice French , Ohio
Supreme Court
Thursday, March 5
Employee Benefits
Noon - 1 p.m.
Stefan Thomas, Chair
Speaker: Robert E. Peirce,
Senior Sales Executive, Oswald
Companies
Topic: Middle Market Health
Care Plan Designs and Trends
Wednesday, March 11
Professionalism
Noon - 1 p.m.
Doug Holthus, Chair
Speaker: Bill MacBeth, Esq.,
Odd Lots
Topic: Professionalism; General
Counsel’s perspective
Thursday, March 12
Health Care Law
Noon - 1 p.m.
Shakeba DuBose, Chair
Speaker: Patrick Beatty, VP
of Public Policy, Government
Relations and Director of the
Ohio AIDS Coalition, AIDS
Resource Center Ohio
Topic: The impact of the
Affordable Care Act (ACA) on
healthcare for people who are
HIV+.
Friday, March 13
Workers’ Comp
12:15 p.m. - 1:15 p.m.
Katherine Ivan, Chair
Speaker: Dr. Michael Novak,
DC and Freddie Johnson, Chief
of Medical Services at BWC
Topic: Who’s Down with
ODG? Common Mistakes
Associated with the
Application of the Official
Disability Guidelines
VISIT OUR
WEBSITE AT
WWW.
CBALAW.ORG
Thursday, April 2
Common Pleas Court
Noon to 1 p.m.
Sean Alto, Chair
Speaker: The Honorable Bill
Woods and his staff
Friday, April 10
Workers’ Comp
12:15 p.m. - 1:15 p.m.
Katherine Ivan, Chair
Speaker: Industrial Commission
Chairman Thomas Bainbridge
Topic: Industrial Commission
Updates
SERVING NOTICE
Thanks to our ABC 6 TV “Ask
the Attorney” volunteers LR, Marion Smithberger, Keith
Brewster, Ryan Green, Ken
Hafenstein and Emily Lewis.
If you would like to volunteer
for any Wednesday 5-7 pm,
contact Marion Smithberger
at [email protected] or call
340.2070. All conversations
with callers are private and
confidential. You will not be
required to answer questions
outside of your area of expertise. The 100 + callers are very
grateful for the free advice.
Tips for Gathering References
One of the most important parts of the job-seeking process is providing references to the potential employer. Good references are vital to a job
seeker’s success. Consider these tips to help you
ensure that the references you give are both effective and appropriate.
Ask for permission. Before you even think of
listing someone as a reference, be sure and ask
whether the person would be comfortable with
it. Most people are willing to serve as a reference
but you should still ask out of common courtesy.
Choose wisely. You want to list people who will
make the strongest recommendations for you.
Choose your references based on their ability
to provide meaningful impressions about you.
Former supervisors do not have to be references,
especially if they did not know about all of your
accomplishments. List those who have worked
closely with you, know your work ethic, contributions, and will say positive things about you.
Confirm contact details. Make sure that the contact information of each of your references is current. List their full name, current title, company
name, business address, and contact information. The last thing you want is for the employer
to be unable to get a hold of your references and
not offer you the job because of it.
Follow Up. Once the interviews are over and
the references have been given to the employer,
contact your references and let them know that
they may be called by the
employer. Ask those people
to then contact you after they
hear from the employer. This
allows you to hear his or her
point of view on the conversation and provide any insight as to how the employer
feels about hiring you.
Prepare your references.
It’s extremely important to
Jeckering
list someone as a reference
who is going to be able to
give a glowing recommendation. If you have references that you use all
the time or have been using for years, be sure to
give them a heads up when a specific employer
plans to contact them. The more your reference
knows about the potential opportunity, the better they’ll be prepared to speak on your skills and
qualifications.
Thank your references. Don’t forget to thank
your references once your current job search is
complete. Some companies never contact any
references, some only check the first one or two,
and some check all. Regardless, these people
were willing to help you so let them know you
appreciate their efforts.
Kristina Jeckering is a 2014 graduate of Capital
University Law School and is a professional Recruiter/Project Manager for Dawson Legal.