1. law, govt and politics

M a y 2 0 1 5 | Vo l u m e 5 4
Seth A. Albin takes the helm at BAMSL.
Pages 4 and 12
Who owns social media profiles? Page 8
What lawyers and others can do to
reduce child abuse. Page 6
Mentors helping new lawyers. Page 9
The Official Publication of The Bar Association of Metr opolitan St. Louis
TABLE of CONTENTS
BOARD of GOVERNORS & STAFF
4 President’s Message
Seth A. Albin
President
Seth A. Albin
ABA Delegate
Joan M. Swartz
CLE Chair
Michael D. Cole
5Ethics
President-Elect
Eric G. Kukowski
YLD Co-Chair
Jessica M. Mendez
Vice-President
Jennifer L. Schwendemann
Section Chairs
David L. Orwick, Business
Law; Anthony J. Muhlenkamp,
Criminal Law; Courtney M.
Voumund, Employee Benefits;
Bruce E. Friedman, Family
& Juvenile Law; Philip R.
Kirkpatrick, Labor & Employment
Law; Hon. Nicole J. ColbertBotchway, Minorities in the Legal
Profession; Jason M. Schwent,
Patent, Trademark & Copyright;
John J. Kang, Probate & Trust;
Gretchen E. Gaynor, Solo &
Small Firm Practitioners; Laura
E. Krebs Al-Shathir, Taxation;
Steven S. Fluhr, Trial Section;
and Anna Bonacorsi, Women in
the Legal Profession
Presidential Liaisons
Amy Collignon Gunn
Booker T. Shaw
Michael Downey
6 What lawyers, parents and society as a whole can do to reduce child abuse.
Susan Block
Secretary
Kristine H. Bridges
8 Who owns employee social media profiles?
Scott Apking and Chris Pickett
Treasurer
Sara G. Neill
9Mentoring CLE gives new lawyers a headstart.
Immediate Past President
Joseph A. Frank
10 Solo & Small Firm Section's Potpourri CLE to celebrate 25th Anniversary.
Gretchen E. Gaynor
12 Cover Story
Chuck Ramsay
14 Bar leaders make annual lobbying trip.
Members-at-Large
Dawn M. Besserman, AnneMarie Brockland, Kerry C. Feld,
John J. Fischesser II, Annette
P. Heller, Carolyn M. Husmann,
Jason M. Sengheiser, Michelle
J. Spirn, David R. Truman, and
Colleen Joern Vetter
15 Levison Group
Charles S. Kramer
18 People & Places
Who's doing what and where?
20 Federal Judge Reception a big hit.
21 Legal Job Placement Listings
22 Classified Ads
SUSTAINING MEMBER ROSTER
Cynthia L. Albin,
Seth A. Albin,
Susan L.
Amato, Brent
W. Baldwin,
Doris J. Banta,
Jon Baris, Melissa Z. Baris,
Bartholomew J. Baumstark, William R.
Bay, Mark J. Becker, Jill S. Bollwerk, Kristine
H. Bridges, Anne-Marie Brockland, Daniel
James Brown, Eugene K. Buckley, Sarah
M. Bueltmann, Jeffrey J. Bunten, Thomas
M. Burke, Joseph C. Carr, Hon. Nicole Jean
Colbert-Botchway, Michael D. Cole, James
S. Collins, Christopher M. Combs, David E.
Crawford, Albert Crump, Dana T. Cutler,
Editorial Board
Editor-In-Chief
Charles A. Weiss
Board of Editors
Lisa A. Herder, Dawn M. Johnson
Executive Editor
Zoe W. Linza
Managing Editor
Chuck Ramsay,
[email protected]
Advertising Sales
Jennifer Macke,
[email protected]
THIS MONTH'S COVER
lume 54
M a y 2 0 1 5 | Vo
16 A Closer Look
eDiscovery Committee gears up!
Executive Director
Zoe W. Linza
Seth A. Albin takes the
pages 4 and 12
Who owns social media
helm at BAMSL.
profiles? p. 8
Mentors help new lawyers.
can do to
What lawyers and others
page 6
reduce child abuse.
p. 9
of Metr opolitan
of The Bar Association
The Official Publication
Seth Albin, the 2015-2016 President of the Bar Association of Metropolitan
St. Louis, has hit the ground running with a mix of fresh ideas and solid
determination to keep BAMSL growing.
Cover photo by Chuck Ramsay.
St. Louis
UPCOMING BAMSL SIGNATURE EVENTS
BAMSL offices closed to observe Memorial Day
2015 Bench, Bar and Professional Development Conference
2015 BAMSL Golf Tournament
May 25
May 28-May 30
June 15
Inventor of the Year awards ceremony and celebration
June 17
Rendezvous on the Roof, Moonrise Hotel in the Loop
June 18
Senior Lawyers Luncheon
June 24
Daniel DeFeo, Paul M. Denk, Henry M.
DeWoskin, Peter C. Drummond, Jeanne Elliott,
Chris Faiella, Kerry C. Feld, Peter P. Fiore,
Walter Floyd, Joseph A. Frank, Genevieve M.
Frank, James P. Gamble, Susan Gentle, Jill M.
Gilbert, John H. Goffstein, Maurice B. Graham,
Elizabeth Danielle Grant, Amy Collignon Gunn,
S. Todd Hamby, R. Dwight Hardin, Heather J.
Hays, Annette P. Heller, James M. Hoffmann,
Carolyn M. Husmann, Mandy J. Kamykowski,
Marc S. Kramer, Eric Kukowski, Hon. William
E. Kumpe, Kevin M. Leahy, Martin M. Lipsitz,
Hon. Arthur Litz, Lionel L. Lucchesi, Murry A.
Marks, Robert G. Maurer, John F. McCartney,
Garry McCubbin, James E. McDaniel, William
A. McDowell, John S. Meyer, Rita J. Mohr,
Andrew A. O'Brien, Julia McPhee Pahlow,
Ted L. Perryman, Carl C. Polster, Robert
L. Proost, Daniel T. Rabbitt, John C. Rasp,
Chris Ratcliff, Canice Timothy Rice, Stephen
Henry Ringkamp, Alexander B. Roodman,
Hon. Mary R. Russell, Norah J. Ryan, Hon.
J. Brendan Ryan, Donald J. Sher, John G.
Simon, Shulamith Simon, Mary E. Simon,
Scott Anthony Smith, Mary Beth P. Soffer, G.
Michael Stewart, Thomas P. Sweeney, Erwin O.
Switzer, Phillip A. Tatlow, Kenneth F. Teasdale,
Hon. Richard B. Teitelman, David R. Truman,
Hon. Lisa S. Van Amburg, Paul N. Venker,
Colleen Joern Vetter, Kenneth K. Vuylsteke,
Hon. E. Richard Webber, Charles A. Werner
and William Wyne.
The St. Louis Lawyer (ISSN #08935971) (USPS #002031) is owned and published monthly by The Bar Association of Metropolitan St. Louis (BAMSL), a nonprofit organization located at 555
Washington Avenue, Suite 100, St. Louis, MO 63101-1249, (314) 421-4134. Periodicals postage is paid at St. Louis, MO 63155.
Postmaster: Send address changes to the ST. LOUIS LAWYER, c/o The Bar Association of Metropolitan St. Louis (BAMSL), 555 Washington Avenue, Suite 100, St. Louis, MO 63101-1249. No material
may be reproduced in any form or by any means without express written permission from the publisher. Direct advertising inquiries to Jennifer Macke, 555 Washington Avenue, Suite 100, St. Louis,
Missouri, 63101. Direct editorial news, subscription information or questions to Chuck Ramsay at the above address or [email protected].
The views and opinions expressed in St. Louis Lawyer magazine are those of the authors and do not necessarily reflect the policy or position of the Bar Association of Metropolitan St. Louis, the St.
Louis Bar Foundation, or BAMSL’s Board of Governors. Acceptance of advertising and new product information does not imply endorsement of products advertised or listed nor statements concerning
them. Copyright 2014 by The Bar Association of Metropolitan St. Louis.
May 2015
3
President's Column
"Interesting times" can become a
great opportunity for all lawyers.
I have always loved movies. As a
child, I learned that I had a “talent”
for remembering
scenes and lines
from movies. It
always frustrated
my parents because
I could remember
lines or scenes from
movies I watched,
but I could not
remember to clean
my room or that I
by Seth A. Albin,
had a test the next
BAMSL President;
Principal, Albin Law
day. Over the years,
I found that a line
or scene from a movie would pop into my
head that was relevant to a situation. As I
prepared to become president throughout
this past year, a line from the movie
Disclosure popped into my mind. One of
the main characters is giving a speech to
his employees and he quotes a proverb,
“May you live in interesting times.” While
there appears to be some dispute as to the
origin of this proverb, all agree that it was
originally intended to be a curse rather
than a blessing.
These are certainly “interesting times”
for our profession. The economy and
technology is forcing the practice of law to
evolve. The demands of practice continues
to increase. Students coming out of law
school have a massive amount of debt and
cannot find jobs. Studies find that people
are spending more and more on legal
services each year, but less and less of the
money is being paid to lawyers at least
partially because people cannot afford to
hire a lawyer. To address this issue, some
states have started issuing limited licenses
to practice law to non-lawyers akin to a
nurse practitioner.
It is also an interesting time for the
Association. The Board of Governors
recently passed changes to our bylaws
changing the way officers are elected and
established a nominating committee.
Implementing these changes and ensuring
a smooth transition is one of my highest
priorities. The makeup of our membership
4
continues to change. Lawyers are working
much later in their lives. We have members
who are in their 20’s and just starting their
careers, members who are in their 80’s and
are ending their careers and everything
in between. I have learned that each of
these groups is unique and have their own
distinct needs and ways they communicate.
We will continue to build on what we
have been doing to deliver the message in
a way that works best for you. In addition,
I am creating a task force to review all of
our committees, sections and programs to
ensure that we are still meeting the needs
of our members.
While the proverb may have originally
been intended to be a “curse,” I choose
to think of these “interesting times” as
an opportunity for the Association and
its members to adapt and become more
successful. As an association, we have
already begun to see the results. Due to the
hard work and dedication of our Executive
Director, staff, board members and pastpresidents such as Joe Frank, Jon Baris and
Heather Hays, we have seen the downward
trend in membership rebound and have
seen a 10 percent increase in membership
in the past year. The association has
established reserves and is starting to fund
those reserves with a target level consistent
with other associations our size.
While these are very positive signs, we
need to work hard to continue these trends
and grow the association. To accomplish
this goal, I need your help. Over my
17 years of serving in some capacity of
BAMSL leadership, I observed one
overriding recurring theme or story about
how people became involved in BAMSL:
someone they respected asked them to
join and become involved. In planning
for the upcoming year, I spoke with a
lot of members and non-members about
joining or becoming more involved. At
some point in each conversation, I would
ask why the person was not a member or
if they were not a member, why they were
not more involved. The overwhelming
response I received was either “no one
asked me” or they were not familiar with
St. Louis Lawyer all that BAMSL does and did not realize
how they could contribute. This reminds
me of another movie Major League: Back
to the Minors (yes, I even like sequels). In
the movie, St. Louis native Scott Bakula,
plays a minor league baseball coach trying
to teach his young players to come together
as a team. In one scene, he tells the team
“Look, I'm not asking for too much. Just
help the guy sitting next to you. Maybe you
know something he doesn't. Maybe you
can pass that information along.” I always
thought this was good advice and I am
asking the same of each of you:
1. Participate in one additional BAMSL
event, activity or committee. BAMSL
has a wide variety of things to choose,
including the annual Bench and Bar
Conference in May. If you are not sure
of all the options, check the calendar
on the website or call and speak with
the staff.
2. When you do choose, ask at least one
new person to come with you.
3. Tell people what you are doing. Each
of you know people who are both
members and non-members.
4. Encourage younger lawyers to become
involved and provide them the time
away from the office to do so. While
it may not seem so at the time, the
investment in these lawyers will pay
off in the future.
I know that each of us make a
commitment to do these simple things,
the association will continue to grow and
thrive. I am very humbled and honored for
the opportunity to serve as your President.
For those of you who I already know, I
look forward to seeing you again. For those
of you whom I have not yet met, I look
forward to meeting you at an event in the
future. Please feel free to stop me at an
event or contact me at the office (salbin@
albinlawstl.com), say hello, and let me
know your thoughts. n
Ethics
11 tips for responding to an ethics complaint.
If you receive a disciplinary complaint
from the Office of Chief Disciplinary
Counsel (OCDC) or the Illinois Attorney
Registration & Discipline Commission
(ARDC), take comfort that you are
not alone. OCDC alone reports that it
received more than
1,900 complaints and
opened more than 840
formal investigations
in 2013. This is 1
complaint for every 12
lawyers.
Providing
an appropriate
response is critical
to avoiding more
by Michael P. Downey, serious consequences,
Legal Ethics Lawyer
including a
and Founder of
formal charge or
Downey Law Group
“information” that
LLC
might put your law license at risk. Often I
defend lawyers who face a formal charge, or
a frustrated bar counsel, largely because the
lawyer mishandled the initial investigation.
Therefore, I offer you the following 11
suggestions – drawn upon my experience
of helping with perhaps 100 responses – for
responding to an ethics complaint.
1. Take a breath. When you receive an
ethics complaint, it is important to remain
calm. OCDC generally conducts only a
preliminary, jurisdictional review before
requesting that a lawyer “respondent”
respond to a disciplinary complaint.
Your receipt of an ethics complaint,
therefore, is not evidence that OCDC
thinks you did something wrong. Rather,
OCDC has simply received a letter that
indicates you may have violated the ethics
rules, and they want to hear your side of
the story.
Also realize that lawyers often receive
complaints from difficult clients, or
difficult opposing parties or counsel.
Great, loving relationships with great,
loving people usually do not foment ethics
complaints. Often the complainant was
difficult and unreasonable and put himself
or herself in a tough situation – and is now
blaming you for it.
2. Consider notifying your insurer. You may
want to notify your lawyers’ professional
liability (LPL or legal malpractice) insurer
when you receive a complaint. LPL policies
are normally “claims made” policies, which
require the insured to tell the insurer upon
receiving notice of a potential claim. An
ethics complaint may constitute notice.
In addition, some LPL insurance
policies help fund counsel to respond to
ethics complaints. Some policies provide
such funds for the response to the initial
complaint, while other policies require the
filing of a formal charge before funds are
available. When the funds are available,
however, it is usually first-dollar coverage.
The insured generally does not have to pay
a deductible.
3. Consider retaining counsel. Whether you
or your insurer is paying, it is generally
a good idea to retain counsel to help you
with the response. You do not want to be
the proverbial fool representing yourself.
Further, counsel knowledgeable about
the lawyer discipline system can help
you fashion an appropriate strategy and
response, and help ensure you do not make
you’re your situation worse.
Generally I think it is smart to receive
help with the initial response. You want to
end the matter as soon as possible, before
you incur the significant attorney fees,
anguish, and damage to your professional
reputation and practice that a formal ethics
charge may cause.
4. Review the file. Review your file and the
facts before preparing the response. Do
not trust your memory. You need to make
sure your response is as accurate as possible.
OCDC may view errors or inconsistencies
as signs you are lying or hiding something.
5. Review the law. You should (re-)
familiarize yourself with the legal ethics
and potentially the substantive legal issues
surrounding the complaint. Sometimes
lawyers try to defend their conduct by
admitting other violations of the Rules of
Professional Conduct.
6. Prepare a careful response. Rule 4-8.1(c)
requires a lawyer to respond to an OCDC
request for information. Therefore you
must prepare a response. Make sure it is
careful, thoughtful, and complete. This is
your chance to defend yourself and avoid a
costly, time-consuming formal proceeding.
OCDC generally requests an initial
May 2015
response within 15 days. You often can
receive a short extension, but you should
ensure your response is timely.
7. Provide details. Sometimes lawyers
respond dismissively, suggesting they
are too busy or important to provide a
thorough response. This is a mistake. Your
response should address each major issue
the complaint raises.
That said, some complaints run dozens
of pages. You do not need to write a book
in response. Sometimes we respond only to
key issues, and invite OCDC to notify us if
they want additional information.
8. Be succinct. Although you want a
thorough response, it is best to be succinct.
A longer letter may only increase the
chances for you to say something wrong.
As the judge I clerked for used to say, “You
normally don’t get in trouble for what you
don’t say.”
9. Provide proof. You should include key
documents that support your response.
Often I advise that, if you need to drive
500 miles to obtain a document that will
exonerate you, go get it. This is your chance
to prove the investigation should be closed
without discipline.
That said, you should be judicious with
your attachments, because – again – you
do not want to give OCDC more than
it needs. If you want to prove a matter
was quite litigious, for example, you can
probably provide the court docket, not the
foot of documents referenced in the docket.
10.Be professional. Maintain a professional
tone. You have been accused of misconduct,
and you need to demonstrate that you did
not engage in the alleged misconduct. If
you stole money from a bad person, you can
still be disciplined for stealing the money.
Therefore, any attacks on the character and
conduct of your client should be delivered
with restraint.
11. Be honest. Every aspect of your response
should be accurate. If you made a mistake,
in fact, often you should admit it. If you
are dishonest, you may find that you have
provoked OCDC to bring a formal charge
– perhaps even for lying to OCDC, a
violation of Rule 4-8.1(a). n
5
What lawyers, parents and society as a
whole can do to reduce child abuse.
April was Child Abuse and Neglect
Prevention Month. Although this month
lasted only 30 days,
child abuse and
neglect prevention
is a year-round
responsibility for
all of us. In 2014,
the Missouri Child
Abuse and Neglect
Hotline Unit received
118,886 reports of
by Susan Block,
Partner, Paule
suspected abuse and
Camazine &
or neglect. Even
Blumenthal; former St.
discounting this
Louis County Family
number for those
Court Judge
calls received that are
unfounded, this reflects the enormity of
the problem in our state.
WHAT CAN WE DO TO PREVENT CHILD ABUSE
AND NEGLECT?
Prevention of child abuse and neglect
begins with the awareness that a problem
exists and of the factors which contribute
to it. The Centers for Disease Control
(CDC) list of risk factors for child abuse
includes: children younger than four,
a parental lack of understanding child
needs, child development and parenting
skills, social isolation and community
violence. Children who have been abused
and or neglected are at increased risk for
depression, suicide, substance abuse, teen
pregnancy, health and mental health issues,
and other life-altering negative outcomes.
The Missouri Children's Trust Fund
(CTF), of which I am honored to be a
member, works to prevent child abuse
and neglect and strengthen families
through grant distribution, education,
awareness and partnerships. The Fund
awards grants of financial resources to
prevention initiatives statewide. Across
Missouri, there are a number of effective
community-based organizations working
to prevent child abuse and neglect by
providing family and child education,
information, community engagement, and
parental support.
Serving on the Public Education
committee of the Fund, I am proud of its
outstanding work. One of the areas that
we give guidance to parents and caregivers
about is “Safe Sleep.” The tragedy of a child
6
dying because of not following this proper
sleep protocols is unnecessary. On posters
and through the media all over Missouri,
we urge these simple steps:
1. Place your baby on his or her back to
sleep alone, for naps and night time, to
reduce the risk of Sudden Infant Death
Syndrome (SIDS)
Share this important information with
everyone who cares for your baby.
2. Place your baby in a safety-approved
crib, bassinet or portable play area with
a firm sleep surface and fitted sheet.
Do NOT place your baby to sleep on an adult
bed or other soft mattress, waterbed, sofa, chair,
beanbag, pillow, cushion, or other soft surface.
3. Remove all soft objects, toys, blankets,
bumper pads and pillows from the
sleep area.
Safe sleep practices with help prevent
suffocation and strangulation.
Other public education areas include:
“Preventing Shaken Baby Syndrome,”
designed to heighten the awareness of the
dangers of shaking a baby and encourage
a plan of prevention; “Not Even for a
Minute,” which serves as a reminder about
the dangers of leaving a child alone in a
vehicle; and “Positive Parenting Tips.”
Materials on these issues are available
online from the Fund and should be placed
in prominent public areas and discussed in
homes, work, and in the groups we belong
to.
WHAT CAN YOU DO AS AN INDIVIDUAL
CITIZEN?
You can support the work of the fund
simply by purchasing a prevent child abuse
license plate, or sharing information and
resources listed on the Children’s Trust
Fund website: ctf4kids.org
In addition, you can donate to the CTF
through your tax form. If you missed it this
year, catch you next year!
We encourage all communities and
citizens to make child abuse prevention a
priority in April and throughout the year.
It is more than ironic and tragic that
during this critical month, there are
proposed budgetary cuts being proposed
for 2015, specifically the cuts to the
Department of Mental Health (DMH)
St. Louis Lawyer and the Department of Social Services.
These reductions would have a significant
negative impact on children and families
in Missouri. These departments’
programs are necessary and needed
by many of our citizens. They provide
services to address children while they
are in the care of the state and for the
psychiatric needs of our citizens.
The proposal calls for a four percent
cut ($29 million) to the DMH and a six
percent cut ($109.2 million) cut to the
Department of Social Services.
WHAT DOES THAT MEAN TO US IN ST. LOUIS?
It translates into local children and
families not receiving services, which
hurts our communities. As a result many
children suffer from a lack of appropriate
services to address their needs and lack of
safe foster homes and greater suffering by
our children.
Voices for Children, a court-based child
advocacy services program, represents
close to 750 children involved in the justice
system. Of these children, 15 percent came
into state custody due to mental illness, 50
percent were found to be suffering from
a mental illness, and all of them rely on
the services provided by DMH to heal
their trauma. The Children's Division is
responsible for the placement, care, safety
and well-being of every child who is under
the Department of Social Services.
It is as simple as this: pay now or
pay later. Kids who do not get their
needs met become adults who make our
community dangerous and unhealthy. It
is important to invest in children; they
are more likely to benefit from treatment
as children than as adults – as they are
open to being better people.
It is not unusual in a criminal case to
learn during the sentencing phase that the
convicted killer or rapist was an abused or
neglected child.
Prevention and early treatment are
our best investments. Invest in whatever
you can and stretch yourself to ensure the
future of our children. n
Free ethics CLE for Sustaining Members precedes
Annual Meeting
The April 6, 2015 Annual Meeting at BAMSL is
always an opportunity to network and mingle after
hearing the election results. This year the meeting
was held in the second floor offices of our neighbor,
The New Honor Society, an advertising agency
with a great bar and lounge area. The free CLE was
offered to all Sustaining Members and members of
firms who belong to the BAMSL 100% Club.
Above: BAMSL members enjoyed the open bar and hor d'oeuvres after the election results were announced.
Above left: Michael Downey, Downey Law Group,
kicked off the afternoon CLE with a presentation on
ethical considerations of sex and drugs for lawyers.
Above center: Downey's segment was followed by
a rock 'n roll quiz presented by Hon. Mary Rhodes
Russell, Chief Justice of the Missouri Supreme
Court, and Alan D. Pratzel, Chief Disciplinary
Counsel for the Office of Chief Disciplinary Counsel.
As tracks of popular rock 'n roll songs were played,
lawyers in the audience vied to name the tune, the
artist, and the relevant ethics rule to which the lyrics
applied.
Who owns employee social media profiles?
profile belonged to Eagle because, among
other things, Edcomm’s lack of policies were
indicative that the account and connections
were the employee’s property.
by Scott Apking, Associate (left), and Chris
Pickett, Officer (right), Greensfelder, Hemker
& Gale, P.C. Pickett is co-leader of their
restrictive covenant and trade secret group
and the securities and financial service group.
Social media can be an extremely
efficient way for businesses to create
and deepen relationships with existing
and prospective clients. It can alert
employees and employers to a host of client
information that previously took businesses
decades to collect. However, employers,
by having their employees utilize social
media are increasing the risk that their
client lists will lose their status as a trade
secret. Similarly, social media poses new
challenges defining what types of conduct
and/or communications may be considered
breaches of non-solicitation provisions.
As well-connected employees depart, the
risks and benefits of employees using social
media are becoming clear and, as with
most technology advances, litigants face
the challenge of applying established legal
concepts to new questions posed by social
media.
OWNERSHIP OF SOCIAL MEDIA CONNECTIONS
Often, the threshold question is simply
“who owns the social media connections?”
In 2013, a Pennsylvania court held that
in the absence of a social-media policy, a
LinkedIn profile – and all of its connections
– belonged to the individual, not the
employer. Eagle v. Morgan, 2013 WL
943350 (E.D. Pa. Mar. 12, 2013). In Eagle,
the employer, Edcomm, encouraged its
employees to use LinkedIn as a “sales and
marketing tool for Edcomm business.”
Plaintiff, Linda Eagle, created her own
LinkedIn account using her Edcomm
e-mail address. Per the LinkedIn user
agreement, the account belonged to Eagle.
Edcomm never adopted a policy that
informed the employees that their LinkedIn
accounts were the property of the employer.
After Eagle’s employment ended, Edcomm
argued it owned the LinkedIn profile. The
court disagreed finding that the LinkedIn
8
SOCIAL MEDIA CONNECTIONS AS TRADE SECRETS
Client lists generally are trade secrets
if they meet three requirements. First, the
list must not be “not generally known”
in the industry. Second, it must have
some independent economic value to
the competitor. Lastly, the company or
employer must have taken reasonable efforts
to maintain the secrecy of the information.
In 2010, a federal court in New York
considered whether a recruiting firm’s client
list constituted a trade secret, Sasqua Group,
Inc. v. Courtney, 2010 WL 3613855 (E.D.
N.Y. Aug. 2, 2010). The court found that
the client list was not a trade secret, partly
because the information was available on
LinkedIn. The court noted that
“[t]he information in [the recruiting firm’s]
database concerning the needs of its clients,
their preferences, hiring practices, and
business strategies...may well have been a
protectable trade secret in the early years...
when greater time, energy and resources
may have been necessary to acquire [the
information and] to build and retain
the business relationships at issue here.
However...the exponential proliferation of
information made available through fullblown use of the Internet and the powerful
tools it provides to access such information
in 2010 is a very different story.”
SOCIAL MEDIA POSTS AND NON-SOLICITATION
CLAUSES
Courts also are analyzing whether
notifications made via social media websites
constitute conduct that may breach a nonsolicitation provision. Generally, courts
are finding that such notifications are not
solicitations.
In 2011, an Indiana Court found that a
job posting on LinkedIn did not constitute
an improper solicitation of employees
as set forth in an agreement. Enhanced
Network Solutions Group, Inc. v. Hypersonic
Technologies Corp., 951 N.E.2d 265 (In. Ct.
App. 2011). In Hypersonic, the plaintiff
instituted an action for breach of a “nonsolicitation of employees” provision because
Hypersonic posted on its LinkedIn page a
notice of an employment opportunity. An
Enhanced Network Solutions employee
reached out to Hypersonic and, ultimately,
accepted employment. The court found
St. Louis Lawyer that the LinkedIn posting was not a
“solicitation” in violation of the agreement
because the terms of the agreement only
prohibited solicitation and the court defined
solicitation as requesting or inducing.
In 2013, a federal court in Oklahoma
considered whether a Facebook post
constituted solicitation in violation of a
non-solicitation agreement. Pre-Paid Legal
Services, Inc. v . Cahill, 924 F. Supp.2d 1281
(2013). The court noted that the “novel
issue, then, is whether defendant’s Facebook
posts on his public, personal account
constitute solicitations under the terms of
the non-solicitation agreement.” The court
ultimately found that the posts were not
solicitations because there was no evidence
that defendant made any targeted contacts
of employees by posting on their walls or
through private messaging.
SOLUTIONS
These precedents raise concerns for any
relationship-driven business. Employers
always need to take steps to protect their
client information, but there are specific
steps that employers can, and should,
take when they require or suggest that
employees utilize social media to interact
with clients and prospective clients. First,
businesses should implement clear policies
regarding the use of social media including
policies stating who owns the profile and
imposing obligations upon the employee
to maintain the secrecy of the information.
These policies should require employees to
use and educate those employees about the
privacy options of social media. Second,
if the business uses agreements to govern
relationships with employees, those
agreements should include provisions that
impose obligations upon the employee
regarding the social media profile or the
connections. Those provisions, among other
things, could require the deletion of the
profile or the connections at the end of the
contractual relationship. Finally, businesses
should diligently remind departing
employees of their social media obligations
and establish clear expectations for the
employee’s post-employment conduct.
LinkedIn estimates it has more than 332
million users. Such an information rich
resource for businesses may also prove to be
a stage for critical litigation as businesses
continue to establish strong and clear
protections for their client information. n
Mentoring CLE and reception designed to
help new lawyers get a faster start.
The April 9 get together of a dozen or so new attorneys, law
students and several established BAMSL members for a group
discussion and some mentoring on what to do and how to do it
as a new lawyer proved helpful to everyone who attended. Not
only did the established lawyers make some great suggestions,
but the new lawyers shared some of their concerns and
experiences so far with their peers.
Right: Anne-Marie Brockland shares her some of her experiences when she
was a new lawyer.
Below: President-Elect Eric Kukowski, in foreground, leads the discussion.
Keisha Collier
Jeffrey F. Magrowski, Ph.D.
www.vocationalexpertwitness.com
Left: Ray Syrcle, and right: Erin Leach
Employee Relations
Labor Relations
Collective Bargaining
Vocational rehabilitation; Americans With Disabilities Act;
insurance consulting; wrongful death; consultations,
personal injury; product liability; slip, trip and fall; expert
witness; Workers’ Compensation case consultation;
vocational evaluation; divorces; long term disability, Social
Security, wrongful discharge, general employment
litigation; job analysis/video job analysis; management of
Rehabilitation;
job
placement;
wage-loss;
and
rehabilitation economics.
Certifications: CRC, CDMS, ABVE, NBCC, CVE, and
CRED. Diplomate of the American College of Forensic
Examiners and Senior Disability Analyst. Licensed
Professional Counselor.
Gary M. Grant
P.O. Box 270329
St. Louis, MO 63127
Telephone: (314) 520-1927
Fax: (636) 220-4270
Email: [email protected]
tELEphonE 314.972.3223 | EfaX 314.787.4299
EmaiL [email protected]
May 2015
9
Solo & Small Firm Practitioners
Section's Potpourri CLE to celebrate
25th Anniversary
To mark the 25th anniversary of the
Potpourri CLE, the Solo & Small Firm
Practitioners Section
is recognizing Alan
DeWoskin for his
foresight in bringing
solo and small firm
attorneys together
as a section within
BAMSL for our
mutual benefit.
by Dr. Gretchen Edison We want to thank
him publicly and
Gaynor, Principal,
Edison Gaynor, LLC
honor him for his
contribution in creating a framework for
us to share knowledge, grow our practices,
and solve common problems with one
another in a collegial, professional setting.
AN EXCELLENT OPPORTUNITY TO NETWORK
Not only is the Potpourri a painless
way to top-off your CLE hours for the
year, it is also an excellent opportunity to
network with other attorneys. Many of our
stalwart attendees make it an annual date
with friends and colleagues they don’t see
much the rest of the year, sharing a nosh of
early morning coffee and pastries before the
program begins.
Each year, the Section develops a
program calculated to appeal to a range of
attorneys, whether in a general practice,
boutique niche, or big firm. Planning the
CLE presents considerable challenges for
the Section and we are gratified by the
tremendous support it has received over the
years. Last year we had record attendance
numbers both in person on site and over
the webcast, a testament to the quality
programming and reputation of the event.
The goal is to bring news on areas of
law that have recently been affected by a
legislative update or judicial decision, as
well as a review of general topics with a
variety of speakers.
PROGRAM HIGHLIGHTS
This year’s program highlights include
Hon. Barbara Wallace, who last year
10
kept the audience engaged with her witty
observations on “stupid attorney tricks”,
and has graciously agreed to return this
year to remind us all “What is evidence?”
We are very excited that our luncheon
speaker will be Michael Kahn, a hugely
successful mystery fiction writer, also wellknown as an intellectual property attorney
at Capes, Sokol, Goodman & Sarachan,
P.C. Be prepared for an entertaining
talk about how he started writing and
his process for creating characters and
spellbinding plot lines.
A new speaker at the event, Matt Fry,
partner at Rosenblum, Schwartz, Rogers
& Glass, will address important changes in
the criminal code that general practitioners
should know (for instance, when your client
calls and says his kid got picked up for
special efforts to consider trends in office
management, career development, and
changing technologies. A favorite speaker
at our “2nd Friday CLE” this year,
veterans’ benefits attorney Jeffrey Bunten,
will lead a discussion Seven Habits of Highly
Effective People by Steven Covey. An early
adopter and leader in the wireless office
trend, immigration attorney David Cox,
will provide updates and tips on keeping
paper work to a minimum and virtual case
files secure in the cloud.
These are just the highlights of a full day
of speakers—you will not be disappointed
with the program, we have strived to
present topics valuable to any attorney.
PROCRASTINATORS UNITE!
Call your fellow attorneys to make plans
to meet, network, and earn a day’s worth
Many of our stalwart attendees make it an
annual date with friends and colleagues
they don’t see much the rest of the year,
sharing a nosh of early morning coffee
and pastries before the program begins.
DUI) and include his analysis of how the
changes impact criminal defense attorneys
and prosecutors (Perhaps he will also share
some anecdotes on crazy cases he has had a
hand in.).
In anticipation of the United States
Supreme Court decisions on LGBT cases
expected in the coming weeks, we have
an experienced panel, including Matthew
Voorhees and Jennifer Kovar, both
principal attorneys at their firms, to present
essentials on how the decisions will impact
estate planning and family law for same-sex
couples in Missouri.
The planning committee has made
St. Louis Lawyer of CLE credits. Join us to honor Alan
DeWoskin for his BAMSL Solo & Small
Firm Practitioners Section contributions
over more than 25 years.
Register online to reserve a space and
join us for this end of year CLE event at
the Sheraton Clayton Plaza Hotel on June
30, 2015. n
Adam Jokisch
President & CEO
Lead Auctioneer
▪
▪
▪
▪
▪
▪
All Types of Auctions, Liquidations
& Asset Managers.
We work for hundreds of attorneys.
LIVE ONLINE BIDDING
I N A U G U R A L
C L A S S
ACCEPTING NOMINATIONS
THROUGH JULY 1, 2015
To be inducted into the SLU LAW Order of the
Fleur de Lis Hall of Fame is the highest honor
from Saint Louis University School of Law.
Please consider nominating colleagues who have
demonstrated professional success and significant
contributions to the community, as guided by the
Saint Louis University mission and Jesuit spirit.
Visit law.slu.edu/order-fleur-de-lis
for nomination information.
AT
WWW.ADAMSAUCTIONS.COM
It's not too late to get into the Bench &
Bar action for an outstanding weekend...
Ethical Issues in the Courtroom with Hon. Carolyn C. Whittington,
Hon. Colleen Dolan and Hon. Anne-Marie Clarke
Are You Still Competent to Practice Law in a Technology World?
with Joy Holley and Michael Cole; moderated by Carrie Titus
Update from the Missouri Supreme Court with Hon. Mary Rhodes
Russell, Hon. Laura Denvir Stith, Hon. Zel M. Fischer, Hon. George W.
Draper, III; Hon. Richard B. Teitelman, and Hon. Patricia Breckenridge
Family Law: It’s All About the Kids: Should they testify? (the Why,
Where and How of Legal and Non-Legal Issues. Debated by the bench,
parent, attorney, therapist, and GAL) with Alisse C. Camazine, Hon.
Douglas R. Beach, Dr. Rick Scott, and Sarah Pleban
Business of Law: Marketing Your Law Practice through Social
Media with Christy Pashea and Patrick Pedano
Trial Masters Series: Effective Techniques for Jury Selection with
Maurice Graham
Persuasive Writing for Trial and Appellate Advocates: Tips from
Judge Benton (with appearances by his Supreme Court friends) with
Hon. Duane Benton; moderator Erv Switzer, Esq.; and facilitator Jennifer
Bortnick, Esq.
Cross Examination with Scott Rosenblum and Richard Callahan
Voting Rights Act with Jason Kander, Missouri Secretary of State
Protecting the Record for Appeal with Edward L. Dowd, Jr.; Hon. Lawrence E. Mooney, Hon. Mary Kay Hoff, and Hon. Robert H. Dierker, Jr.
Judical Panel with all participating – all judges present; moderated by
Debbie Champion
Presenters and speakers listed here were confirmed at the time we went to press.
Go online now at www.bamsl.org to
register...
Family Law: It’s All About the Kids: (Alienation, Abuse, Supervision,
Impaired Parents, and Custody Evaluations) with Alisse C. Camazine,
Hon. Douglas R. Beach, Dr. Rick Scott, and Sarah Pleban
Business of Law: You and Your Career with Brad Winters
CAMDEN ON THE LAKE | MAY 28-30
May 2015
11
Cover Story
Cover Story
A more open, welcoming and inclusive
Association ranks high on new
president's to-do list...
As the new BAMSL President, Seth
Albin has some definite (and good) ideas
about what he’d like to accomplish during
the 2015-2016 bar year that began on May
1. And, the bet is on that he’ll achieve a
lot of those goals because among other
traits, he is known for being organized and
motivated.
Albin sees the Bar as a people business,
dealing in
many of the
things lawyers
want and need
to enhance,
strengthen and
complement
their careers,
and where
lasting
relationships
are built. In
earlier years,
before going to law school, he studied to
become a high school history teacher, and
had aspirations at one time to be either a
football or lacrosse coach. Perhaps that’s
how BAMSL members will see him
focus efforts to keep the Association’s
membership rolls growing as they have
over the last few years as he coaches both
members and non-members alike to get
involved in more of what BAMSL has to
offer.
He has two beliefs when it comes to
membership: First that a lot of attorneys
are unaware of the full spectrum of services
and benefits BAMSL offers,
and therefore don’t join.
He wants to develop better
communications between the
Association and all lawyers
so everyone will become
more aware of the advantages
of membership, and to
incentivize them to join the
Association.
Second, Albin wants
to get existing members
more involved in Association events and
activities – whether it is CLEs, social
TEACHER
COACH
gatherings, community service, serving on
a Committee or Section, or anything else.
He knows from experience
that many don’t get involved
on their own initiative. For
them, it often takes someone
to ask them to get involved,
or to encourage them and
make them feel welcome – to
"break the ice." So he will be
asking members who come
to only a couple of events per
year to double their activity
and participate in, say, four
events instead. And for those
who belong, but seldom participate, he’d
like them to try at least one or two events in
the coming year – to allow other members
to benefit from their participation. He
says he believes strongly that everyone has
something of value to contribute and when
more are involved, everyone will benefit
proportionately.
One thing that has made him an even
stronger believer in being active in this
organization stems from how he became
involved in leadership in BAMSL. Years
ago, Jennifer Schwendemann met him
at a YLD event and appointed him to a
committee and as an offshoot of serving in
that new capacity not only did he make a lot
of business contacts, but he ended up dating
and ultimately marrying his wife Cynthia
as well.
Members should not be surprised to see
him take actions to make the Association
more open and welcoming on
other levels. He would like to
see all members, from time to
time, ask their non-member
colleagues to tag along to
events with them as a way to
spread BAMSL hospitality
to others. In his typical,
non-bashful style, Albin is
practical when he tells others
that we generally “get out of
anything what we put into it.”
He wants BAMSL to expand the
Association’s reach into more practice areas
MENTOR
LEADER
SALESMAN
RECRUITER
12
too. While still a relatively young man, his
career journey has been very diverse, so he
understands how easy it is for
an organization to slip into a
routine of serving only a few
segments. Since becoming
a lawyer, Albin has been a
public servant, a corporate
counsel, an attorney in a big
firm, a partner in a small
firm, and recently went solo.
While he has enjoyed aspects
of each of those positions,
they have also made him
realize how each has different
needs from the Bar. With that appreciation
gained over the years, BAMSL members
can expect him to focus on ways to serve
each and every one of them. One of those
ways, for some, may lead to being elected
to serve on the Association Board of
Governors.
This year’s adoption by the Board of
Governors of a nominating committee to
form a ballot for annual elections places the
responsibility for that transition squarely
upon the new President’s shoulders to
implement. It's a new way and opportunity
for the Association to identify and elect
Association leaders. He sees the change
in how members can be recruited into
the leadership as the best possible way to
increase the Bar’s diversity, keep its energy
level high, and expand its appeal to more
lawyers throughout the St. Louis region.
The new president readily acknowledges
that he’s particularly excited with the
make-up of this year’s Board of Governors
and Executive Committee because it’s a
good mix of experienced leaders and new
faces. He’s particularly pleased that Jessica
Mendez and Erica Blume will be leading
the YLD as this has always been where the
future leadership of the Association, as well
as the profession, is tapped. “When we can
get more lawyers involved in every aspect of
BAMSL, we can expect a cascading effect
that will make the Association even better
than it is and cater to more of our collective
needs,” he said. n
St. Louis Lawyer Hats off to this year's Law Day Award recipients...
Distinguished Lawyer Award-2015
Ronda F. Williams Award-2015
Reuben A. Shelton
Senior Counsel-Litigation
Monsanto Company and
President of the Missouri
Bar Association
John G. Simon
Managing Partner
The Simon Law Firm, P.C.
John C. Shepherd Professionalism
Award-2015
YLD Award of Merit-2015
Mary E. Hodges
Managing Member
The Hodges Law Firm, LLC
Kaitlin A. Bridges
Associate
Gray, Ritter & Graham, P.C.
President's Award -2015
Joy Holley
Director of eDiscovery
Services and Litigation
Support
Bryan Cave LLP
Hon. Nicole J. Colbert-Botchway
Commissioner
State of Missouri
Administrative Hearing
Commission
Dawn M. Besserman
Associate
Maune Raichle Hartley
French & Mudd, LLC
May 2015
Richard E. Banks
Principal
Banks & Associates
13
Bar leaders make annual lobbying trip.
A Missouri delegation recently joined other state delegations for the ABA Capitol Day on the Hill. The Missouri group met with all
eight members of Missouri's Congressional delegation, as well as Senators Blunt and McCaskill. The bar leaders used this opportunity
to discuss funding for the Legal Services Corporation, over incarcerations,
juvenile justice and sentencing reform, and tax proposals adversely affecting
law firms. The group pushed through a busy schedule to get all this done,
while renewing and building relationships with the legislators.
Top right, left to right: Congressman Blaine Luetkemeyer; Crista Hogan, Executive
Director of the Spring field Metropolitan Bar Association; Hon. Richard B.
Teitelman, Missouri Supreme Court Justice; Seth A. Albin, BAMSL President; Zoe
W. Linza, BAMSL Executive Director; Chloe Woods, Washington University in
St. Louis School of Law 3L and ABA Board of Governors; and Stephen F. Hanlon,
Faculty, Saint Louis University School of Law.
Below right, left to right: Stephen F. Hanlon, Crista Hogan, William R. Bay, ABA
Board of Governors; Chloe Woods, Congressman "Lacy" Clay, Zoe W. Linza, Hon.
Richard B. Teitelman; and Seth A. Albin.
Left: Chloe
Woods, Christa
Hogan,
Congressman
William H.
"Billy" Long II,
Zoe W. Linza
and Seth A.
Albin.
Meet. Play. Stay.
Although athletics is our middle name, the Missouri Athletic Club offers our members and their guests opportunities to
dine, meet, socialize and network in addition to participating in fitness, wellness, and athletic activities at two convenient
locations across the St. Louis region. To learn more about our extensive list of premier offerings, contact:
MEMBERSHIP: Patti Cundiff at 314-539-4429 or [email protected]
MEETINGS AND EVENTS: Najah Fennoy at 314-539-4448 or [email protected]
HOTEL ROOMS: Zach Freeman at 314-539-4442 or [email protected]
To book a hotel room, call 314-231-7220.
Missouri Athletic Club
Downtown Clubhouse F 405 Washington Avenue F St. Louis, MO 63102 F 314-231-7220
West Clubhouse F 1777 Des Peres Road F Town & Country, MO 63131 F 314-529-4444
www.mac-stl.org
14
St. Louis Lawyer Levison Group
Did law firm steal NCAA brackets?
As a lawyer, you gotta love the National
Collegiate Athletic Association (NCAA).
Each year the NCAA sponsors a national
basketball championship tournament in
which they invite 64-plus teams to play. It’s
a round-robin type set
up, with teams being
pitted against each
other in one game,
winner takes all,
contests. The winners
of each round advance
to the next round
to take on similar
winners, leading to
by Charles S.
an ever-narrowing
Kramer, Principal,
group of teams until
Riezman Berger,
only two stand, who
P.C.
then play for the national championship.
The graphical representation of the
tournament matchups has become
known as “the bracket” and office pools
proliferate in which players try to pick
the winners of all games, all the way
through, before they begin, thus “picking
their bracket.” National companies even
sponsor tournaments offering large prizes
or gobs of cash to anyone who can submit a
“perfect bracket,” that is, one in which they
pick every game right. Other pools pick
each round at a time, so you can see who
is playing against whom in later rounds
before picking. One unique pool even offers
a pick-the-players pool, a fantasy draft type
game, which has conquered the question
of how to have a pick the player game in a
limited, elimination-style tournament.
But why is this a situation
that lawyers love? The
answer is found in the
widespread popularity
of the contests, and the
questionable legality of the
pools that it generates. To what degree
these office pools are actually legal,
may depend upon your state, whether
money is wagered, or whether
any wagers cross state lines.
This year, however, the legal
inquiry goes beyond the actual
basketball brackets and into
other brackets. A fraternity
is in trouble for putting
out a “girl on girl” bracket,
in which the women they deemed to be
the better looking women on campus were
seeded one through 64 and then paired in a
bracket similar to that used by the NCAA.
The men on campus were then asked to
vote on each head to head matchup, with
winners advancing until the best looking
woman on campus would be crowned.
(When word got out, the administration
put an immediate halt to the process,
during the “Sweet 16” round.)
Perhaps the most surprising interplay
of the law and the brackets, however, is
rumored to have unfolded shortly after the
round of the Elite Eight played out on the
basketball courts of our nation. Although
no publicly reported stories have been
located to corroborate, inside sources have
suggested that one of the nation’s largest
law firms, which just may be one of 14
that periodically represent the NCAA
in marketing or other matters, recently
received a demand letter from another
of the collegiate behemoth’s advocates
demanding that the firm immediately cease
and desist using NCAA-style brackets
in connection with an intra-firm contest
on oral argument. The story is that the
multi-office, multi-state firm is engaging in
a contest among firm lawyers with one to
three years’ experience to
determine their “rising
star” arguer. They have
divided their offices into
“regions”, and have
seeded lawyers
one to 64 and
distributed
a “bracket”
firm wide,
calling it
the NFAA
Bracket, and
using an NFAA
logo where the official
NCAA bracket places
its logo on its bracket.
NFAA apparently stands
for National Firm Attorney
Arguers. The demand letter
purportedly required the firm to
cease using the bracket graphic, noting
that “Given your firm’s unique relationship
with our Association, it is especially
May 2015
distressing that you would so blatantly
infringe on our bracket graphic, ignoring
our copyright and your obligations.”
Did this actually happen? We don’t
claim it did and, frankly, it sounds
more like the fodder of an overcreative
imagination and most assuredly is intended
as satire. However, to the extent it has
any apparent credibility it does raise the
question of whether the world has gotten
a little bit too litigious, and a little bit too
serious.
How will all of this eventually play out?
I don’t know about you, but I’m a big fan of
tradition, so I’m putting my money on the
NCAA. n
© 2014 The Levison Group
We believe in giving our
members the space they need...
Guest offices, conference
rooms, a spacious boardroom
and classroom are available
free to BAMSL members
for work between court
appearances, meetings,
depositions, arbitration and
more at the Bar Center,
555 Washington!
You joined.
Now enjoy your benefits.
15
A Closer Look
BAMSL's 13 Sections and dozens of Committees not only provide the framework for developing CLEs, but also work to foster networking, conversations about
practice areas and many other aspects of practicing law. Each of these groups is chaired by one or more BAMSL members who unselfishly give of their time to create
opportunities for other members. This month we take a look at BAMSL's eDiscovery Committee chaired by Joy Holley to see what they've been up to and how your
participation in this all-important group might help you advance your career.
Joy Holley, Chair of the BAMSL
eDiscovery Committee and Director
of eDiscovery Services & Litigation
Support at Bryan Cave LLP, continues
to show strong leadership in this rapidlydeveloping technology area of practicing
law. The committee meets regularly and
has been focusing on ways they can provide
educational and networking opportunities
for BAMSL members in the coming year.
One of those ideas is coming to fruition
with the Summer 2015 issue of the St.
Louis Bar Journal, which will focus on
eDiscovery trends and analysis. Articles by
active practitioners will focus on electronic
discovery and evidence, including one coauthored by Hon. Audrey C. Fleissig.
At this year’s Bench, Bar & Professional
Development Conference (May 28-30) at
Camden On The Lake, programming will
feature two committee members, Holley
and Michael D. Cole (Senior Manager of
Here's the current roster of BAMSL 100% Club member firms.* Each of these firms
have distinguished themselves by having 100% of their St. Louis-based attorneys
as BAMSL members. Congratulations and enjoy this prestigious status!
Brown & Crouppen, P.C.
Rosenblum Goldenhersh
Capes, Sokol, Goodman & Sarachan, P.C.
Schuchat Cook & Werner
Gray, Ritter & Graham, P.C.
The Simon Law Firm, P.C.
Lashly & Baer, P.C.
Senniger Powers LLP
Lewis, Rice & Fingersh, L.C.
Sher Corwin Winters LLC
Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.
Uthoff, Graeber, Bobinette & Blanke
Pedano, O'Shea, McGavic
& Hogenmiller, LLC
Polster, Lieder, Woodruff
& Lucchesi, L.C.
Weiss Attorneys at Law, P.C.
*These firms were 100% at the time we went to press. There is
a possibility that other firms became eligible, but could not be
included in this list after that.
Litigation Support Technology, Thompson
Coburn LLP), providing helpful insights
on the importance of technological
competency in today’s modern law practice.
Over the years, it’s been well-documented
that lawyers have both a hunger for solid
information about how technology can
help them and guidance on how to become
well-versed quickly. This segment of Bench
& Bar should move attendees forward on
both counts.
The eDiscovery Committee is also
laying plans for a Fall 2015 eDiscovery
Symposium. “While details are still being
finalized to coordinate with other barrelated events also taking place in October,
possible topics and speakers are being lined
up. Holley said the committee seeks input
from any interested BAMSL members who
would like to participate and contribute to
this program.
And, taking a strong leadership role,
this committee is discussing possible
collaboration with Mobar to deliver
additional educational programming
throughout the year to keep lawyers up to
speed with this rapidly developing area.
Keep an eye on the BAMSL website and
weekly e-Newsletter for announcements
and dates of this committee’s work. We’re
sure you can benefit from their expertise
and energy! n
You saw it here.
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publication possible.
When you respond to their ad
or do business with them, please let
them know you saw them
in the St. Louis Lawyer!
Thank you.
16
St. Louis Lawyer People & Places
Russell Baker has joined HeplerBroom
LLC in their
Edwardsville office as
an Associate. Baker
focuses his practice
on complex business
litigation matters,
including toxic torts
and product liability.
He earned his J.D. in
Baker
2012 from Saint Louis
University School of Law. He is a member
of The Missouri Bar, the Illinois State Bar
Association, and The Bar Association of
Metropolitan St. Louis. He is licensed to
practice law in Illinois and Missouri.
PohlmanUSA recently announced
the formation of
a new Litigation
Support Technology
Department
designed to reinforce
the company’s
commitment
to investing in
technology and to
simplify processes
Scott
while supporting
clients. The addition, according to Vicki
Pohlman, founder and CEO, will support
clients and simplify processes for complex,
multiparty litigation and deliver high
level customer service through an ability
to deliver user-friendly, customized
web systems. The Litigation Support
Technology Department will be led
by Alicia Hart, PMP. Hart joined the
company in 2004, and has been responsible
for translating the needs of clients and
staff to internal PohlmanUSA IT and
web development teams for software
development and enhancement. Also
serving in this department will be Yvette
Scott, Litigation Support Technology
Analyst and Danielle Yates, Litigation
Support Technology Senior Customer
Service Representative. Scott is a recent
addition to the PohlmanUSA team and
has over 30 years of experience working in
the legal field, primarily in mass tort and
multiparty litigation.
Herzog Crebs LLP recently announced
that John G. Beseau has become a Partner
in the firm, while Benjamin C. Tiller and
Michael F. Lecinski have joined the firm
as Associates.
Beseau represents a variety of
business and individual clients, acting as
corporate counsel and litigating business,
18
employment, probate,
construction, and real
estate disputes. He
is a 2001 graduate
from the John Cook
School of Business at
Saint Louis University
and received his law
degree from DePaul
Beseau
University College of
Law in 2004. He is
licensed in Missouri
and Illinois.
Tiller graduated
from Saint Louis
University School of
Law in 2014. His
practice specialty is in
the area of toxic tort
Tiller
defense litigation.
Lecinski also
graduated from Saint
Louis University
School of Law in
2009. His practice
specialty is in the area
of toxic tort defense
litigation. He is
licensed in Missouri
Lecinski
and Illinois.
Bryan Cave LLP has announced that
Hal Goldsmith
recently joined the
firm as a Partner
in the St. Louis
office. He will
practice within
Bryan Cave’s White
Collar Defense and
Securities Litigation
Goldsmith
& Enforcement
Client Service Groups. Goldsmith has
served as Assistant United States Attorney
in the Eastern District of Missouri since
February 2006. He has spent more than
20 years as a federal prosecutor – first in
Miami, then in East St. Louis and, finally,
in St. Louis. His experience covers white
collar and securities matters in addition
to sensitive and high-profile public
corruption matters. He has argued before
the Eleventh, Seventh and Eighth Circuits.
Goldsmith has served in various leadership
roles, including as Chief of the Criminal
Division, White Collar Chief and Senior
Litigation Counsel.
Lewis Rice LLC is pleased to announce
Jami L. Boyles has returned to the firm to
serve as our Chief Administrative Officer.
St. Louis Lawyer Previously, Boyles
was the National
Director of Human
Resources at Graybar
Electric. Prior to her
tenure at Graybar,
she practiced Labor
and Employment
Law with Lewis Rice
Boyles
from 2001 to 2011. As
Chief Administrative Officer, Boyles will
work closely with the firm’s Management
Committee, attorneys and department
chairs to ensure that our employment
and other administrative needs are met
to support our attorneys as they, in turn,
meet the dynamic needs of our clients.
Additionally, she will lead the lateral
attorney hiring efforts of the firm.
Polsinelli has welcomed veteran real
estate finance attorney John P. McNearney
and experienced securities and corporate
finance attorney Daniel A. Peterson
as Shareholders. Both will serve clients
nationally from Polsinelli’s St. Louis office.
McNearney concentrates his practice
on commercial and
agribusiness finance
and real estate
transactions for
various institutions,
corporations and
individuals. Before
returning to
private practice in
McNearney
1993, McNearney
previously served as Assistant Counsel
at General American Life Insurance
Company. In addition, he formerly served
as Counsel and First Vice President at
First Nationwide Bank. He is a graduate
of Northwestern University School of Law,
where he was on the editorial board of the
University Journal of Criminal Law and
Criminology.
Peterson is experienced in dealing with
matters that involve
registered open-end
and closed-end funds,
including BDCs, as
well as unregistered
investment vehicles,
their sponsors and
advisers. He received
his law degree from
Peterson
the University of
Missouri-Kansas City School of Law in
2000. While in law school, he served on
the staff of Urban Lawyer.
People & Places
Alex Braitberg recently joined the
Dysart Law Firm
as an associate
attorney. He
represents plaintiffs
in automobile, truck
and barge accident
cases, class actions,
consumer fraud cases,
toxic exposure claims,
Braitberg
product liability cases,
and insurance bad faith litigation. Braitberg
joined the firm after beginning his career at
a large regional defense law firm, where he
gained inside experience on how insurance
companies and defendants handle cases.
He graduated magna cum laude from Saint
Louis University School of Law. While in
law school, he served as a judicial extern
for Hon. Rodney W. Sippel of the U.S.
District Court for the Eastern District of
Missouri, as well as serving as an editor of
the Saint Louis University Law Journal.
The Appellate Judicial Commission
recently announced three nominees to
fill the vacancy that exists due to the
resignation of Hon. Glenn Norton, who
retired February 1,
2015. After more
than five hours of
public interviews,
nearly two hours of
deliberations and five
rounds of balloting,
the nominees – each
of whom received
Dowd
seven votes – are
James M. Dowd,
Hon. Lisa Page, and
Erwin O. Switzer.
Dowd is a principal at
the James M. Dowd
Law Firm, P.C., Judge
Page is a circuit judge
in the 23rd Judicial
Circuit (Jefferson
Page
County), and Erwin
O. Switzer is an officer and general counsel
at Greensfelder, Hemker & Gale, P.C. The
governor has 60 days to select one member
of the panel to fill the vacancy. Should he
fail to do so, the Missouri Constitution
directs the commission to make the
appointment.
May 2015
A survey, recently
developed by Robert
Half Legal, has found
that the job market
for newly-minted
associates is showing
signs of improvement.
Nearly one-third (32
percent) of lawyers
recently interviewed
Switzer
for the survey, said
their law firm or company plans to increase
its hiring of entry-level associates in the
next 12 months. Five percent of lawyers
said they expect to decrease hiring, while
60 percent anticipate no change in hiring
activity. The findings went on to report
that while job responsibilities may vary,
certain skills are deemed essential for
new associates. Nearly half (48 percent) of
lawyers surveyed said analytical or critical
thinking abilities are the most important
skills for entry-level lawyers to possess,
aside from legal knowledge. Interpersonal
skills ranked second, with 32 percent of the
response. n
19
BAMSL members met and mingled with federal
judges at Thomas F. Eagleton Courthouse.
The April 14 reception for our federal judges, who were
meeting in St. Louis, offered an opportunity for BAMSL
members to meet and greet them in the 28th floor atrium
outside the en banc courtroom of the Thomas F. Eagleton
Federal Courthouse. The conversation was lively and
allowed many in attendance to meet for the first time.
Above right: Joseph
A. Frank, BAMSL
President, welcomed
the lawyers and
judges to the reception,
which was generously
sponsored by Bryan
Cave LLP; Niemeyer
Grebel & Kruse LLC;
and Thompson Coburn,
LLP. About 35 lawyers
attended the event.
A full photo gallery of
this event is available on
the BAMSL website.
20
St. Louis Lawyer BAMSL Legal Placement Service: Job Postings
The following positions are available at press time. To view current job openings, go to www.bamsl.org and click on “Career Center”. To apply for these
job opportunities, or to obtain additional information regarding BAMSL’s Legal Placement Service, call Jennifer A. Macke, Esq., Director of Legal Placement, at the Bar Association office, (314) 421-4134, extension 3140. A resume may be emailed to [email protected].
ATTORNEY POSITIONS
Clayton office of a prominent IP firm
seeks a mid-level IP Associate. Qualified
candidates must have a minimum of three
years of IP experience, including drafting
and prosecuting patent applications
related to computer and software
technologies. Qualified candidate must
have an undergraduate or advanced degree
in computer engineering or computer
science. USPTO registration is required.
The ideal candidate is a member of the
Missouri state bar.
Well-established St. Louis (downtown)
based law firm with a regional presence
seeks a full-time four to six year business/
commercial litigation associate. Qualified
candidates will be experienced litigators
with four to six years (JD class years 20092011) of solid experience handling business
litigation matters, to include insurance
litigation, defending labor and employment
cases, and defending legal and professional
malpractice cases. Please see website for
additional details.
Small Clayton firm seeks full-time
transactional associate. Qualified
candidates will have two to four years’
experience handling both corporate
and real estate transactions. J.D.; MO
license required.
HUMAN RESOURCE POSITIONS
Well-established mid-sized Clayton
firm seeks Director of Human Resources.
Qualified candidates will have three-plus
years of HR experience, preferably in a
law firm environment. HR degree strongly
preferred. Please see website for additional
details.
PARALEGAL POSITIONS
Well-established mid-sized Clayton firm
is seeking a full-time Domestic Litigation
Paralegal. Qualified candidates will have
a minimum of five years' experience with
dissolutions and motions to modify, as well
as extensive knowledge of court rules,
forms, and procedures.
Corporation, headquartered in West
County, seeks full-time experienced
corporate transactional paralegal. Five-plus
years’ experience working with, reviewing,
and understanding commercial contracts
is required. This experience should include
exposure to real estate matters. Paralegal
certification and/or degree is required.
Midwest firm seeks a complex litigation
paralegal to work for its downtown St.
Louis office. The position will be assisting
with multi-million dollar class action cases.
Moderate travel is expected. Qualified
candidates will have five-plus years of
litigation experience, preferably including
some class action work. Real estate
experience would be particularly helpful.
BA/BS and/or paralegal certification
required. Please see website for additional
details.
Midwest-based law firm seeks a fulltime insurance defense litigation paralegal
for its downtown St. Louis office. Qualified
candidates will have three to five years’
experience as a litigation paralegal in
an insurance defense setting. Paralegal
degree and/or certification strongly
preferred.
SUPPORT STAFF POSITIONS
Growing plaintiff asbestos firm
downtown seeks to hire a junior legal
assistant. Qualified candidates will have
one to two years’ experience working in
the legal field. Four-year degree from a fully
accredited four-year college or University
preferred.
Downtown civil litigation defense firm
seeks full-time legal secretary with a civil
litigation background. Qualified candidates
will have two to four years of civil litigation
legal secretarial experience - preferably in a
defense environment. 65 wpm++.
W E C O N G R AT U L AT E T H E S E B A M S L M E M B E R S N A M E D A S R E C I P I E N T S O F T H E
Please join us in congratulating the eight BAMSL members, plus Executive Director Zoe W. Linza, who were
recently recognized as recipients of the Women’s Justice Awards by Missouri Lawyers Weekly.
Annette P. Heller, Law Offices of Annette P. Heller for the Business Practitioner Award; Laura L. Frame, St. Anthony’s Medical
Center and Zoe W. Linza, Bar Association of Metropolitan St. Louis for the Enterprise Award; Shannon M. Morse, Saint Louis
University School of Law for the Legal Scholar Award; Lucy T. Unger, Williams Venker & Sanders and Sally I. Heller, The Heller Law
Firm for the Litigation Practitioner Award; Commissioner Anne-Marie Clarke, St. Louis Circuit Court for the Public Officials Award;
Laurie J. Hauber, Legal Services of Eastern Missouri for the Public Service Practitioner Award; and Kendra R. Howard, U.S. Equal
Employment Opportunity Commission for the Rising Star Award.
May 2015
21
Classified Advertising
LAWYER REFERRAL
Trademark Searches & Registrations
Copyright Registrations
Representing Law Firms Who Do Not
Have Their Own Trademark Attorney
Since 1983
Annette P. Heller, (314) 469-2610,
www.trademarkatty.com
OFFICE SPACE AVAILABLE
Edwardsville, IL Professional Office
Suite available January 1. Six offices
with new desks and file cabinets,
private entrance, security and video
surveillance. Media equipped training
center, conference room and much more.
Individual and virtual offices available.
Contact Larry Lexow at 618-692-9999 or
[email protected]
POSITIONS AVAILABLE
Mid-sized, successful West County law
firm seeking a Corporate/Transactional
attorney with 5+ years of subject matter
experience. Candidate should have
excellent drafting skills and ability to
communicate well with clients. Salary
is competitive and commensurate with
individual’s experience; excellent benefits.
For consideration, please submit your
resume in the strictest confidence to
[email protected].
Creve Coeur class and collective action
litigation firm in with a nationwide
practice seeks litigation associate with 3
to 6 years litigation experience. The ideal
candidate is willing to work long hours
including weekends, able to produce a
large quantity of high-quality briefing, able
to create complex spreadsheets, highly
organized, conscientious, ambitious,
and comfortable working independently
in a small and quiet office. Please send
resume and writing sample to [email protected].
SPECIALIZED SERVICES
Captured Investigative Agency
www.ciapi.info
314-392-3205 (24 hrs)
Lic# 2010010758
Pre-Settlement Funding
“Cash For Your Clients”
John Houseman
Kye Pietoso
8235 Forsyth Blvd., Suite 282
Clayton, MO 63105
314-374-7642
Rates for Classified Ads are $1.75 per word for BAMSL members and $2.25 per word for non-members. There is a minimum $25 charge for all ads.
Please provide your ad in a Word.doc and you’re set! For more information, or to place your Classified now, please contact Jennifer Macke at (314)
421-4134 or [email protected].
St. Louis Law Firm Compensation & Benefits Survey Closes
May 8, 2015 – Don’t Miss the Opportunity!
The ALA Gateway Chapter is pleased to announce the 2015 Compensation and
Benefits Survey will be provided by RubinBrown LLP.
Survey Cost
Gateway Chapter Members:

I am an ALA member and have already participated in the 2014 survey and want
to purchase the survey
results……………………..………………………………….……$250.00
All of the survey data entered is strictly for St. Louis Metropolitan area law firm
locations, including nearby Illinois firms. Law firm participants do not have to be
members of ALA-Gateway in order to participate and/or receive results,
although pricing does vary — see order form for more information.

PARTICIPANTS: If you would like to participate in this year’s survey,
simply email: [email protected] with the subject line “ALA
Gateway 2015 Survey Participant Request” and the survey information will be
emailed to you along with instructions.
Non-Chapter Purchaser: (i.e., bank, or law firm from a different city, Non-ALA
member)
 I am not and ALA member, but did participate..........................$700.00

I am a ALA member and want to purchase the results of the 2014 survey, but did
not participate in the
survey.………….…………………..………………………………$500.00
I am an eligible purchaser..........................................................$850.00 RESULTS: In order to receive the results from the survey (released June
1, 2015), the order form must be returned along with payment.
ENHANCED SURVEY:
This survey contains extremely valuable information by firm attorney sizes:
1-14, 15-29, 30-49, 50-99, 100+. CHECK OUT some of the items covered
in the survey:

Benefits Questions covers: Insurance Benefits, Firm Holidays, Paid Time
Off, Vaca- tion, Sick/personal Leave, Employee Work Week, Overtime,
Bonuses, Salary Re- view, Retirement Plans, Personnel Rations, Minimum
Billable Hours Expectation, Dress Policy and more!

Salary Survey covers positions listed in the following categories:
Accounting/ Financial, Administration, Attorney Personnel, Human
Resources, Information Technology, Legal Secretaries, Library, Marketing,
Office Services, Paralegals, Records Management and Word Processing.
Contact Gateway Chapter Salary Survey Chair, Josie Stone, for more information:
(314) 872-3333 or [email protected]
22
The Association of Legal Administrators is the undisputed
leader for the business of law and law practice management. ALA
provides law office advice and resources for all aspects of legal
management. Your membership opens up doors to a vast amount
of knowledge and experience through meetings, seminars and
contacts with fellow administrators, as well as potential vendors who serve
many law firms. The Gateway Chapter of the Association of Legal Administrators is your leading resource on law firm management in the St. Louis area.
Visit us today at www.ala-gateway.org
Founded in 1952, RubinBrown LLP is one of the nation’s leading accounting
and professional consulting firms. The RubinBrown name and reputation are
synonymous with experience, integrity and value.
RubinBrown redefines the full-service experience by
combining technical and industry expertise with a
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St. Louis Lawyer Compliance Tested.
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St. Louis, MO 63101-1249
The Simon Law Firm, P.C. was Top Ranked by U.S. News – Best Lawyers
“Best Law Firms” 2010 - 2015 in the following practice areas:
Top Ranked Practice Areas
Intellectual Property - 2015, 2014, 2013
Patent Litigation - 2015, 2014, 2013
Product Liability - 2015, 2012, 2011, 2010
Personal Injury - 2015, 2014, 2013, 2012, 2011
Other Areas of Practice
Business Litigation
Medical Negligence
Environmental Torts
Class Action / Mass Tort
Pharmaceutical Litigation
*The choice of a lawyer is an important decision and should not be based solely on advertisements.
John G. Simon
314-241-2929
www.simonlawpc.com
[email protected]
800 Market St., Ste. 1700
Saint Louis, MO 63101