OHIO WOMEN’S BAR ASSOCIATIONNETWORK NEWSLETTER

Our purpose is to promote the leadership, advancement and interests of women attorneys through professional education, networking and the exchange of ideas between our members, local bar associations, business and the community.

Volume XXIII Issue No. 4 Fall 2014

President’s Message

A Message on FITBy Claudia Herrington, JobsOhio

I recently gave a speech to Otterbein University’s MBA students that meant quite a bit to me personally. Based on the feedback I received,

it had an impact on the audience as well. As such, I decided to share it with OWBA members across the state. I am not afraid of vulnerability or making mistakes. Everyone makes them. It is called being human. So I have no reservations about sharing the following, especially if it means others can learn from my mistakes or glean some greater meaning that works in their professional lives. This message is about FIT.

I have been in my position at JobsOhio for a little over five months. So, not so long ago, I was engaged in a job search, and during that search I have walked the halls of almost every large- and mid-size corporation in Columbus. In my experience and in my humble opinion, finding the right FIT is crucial to one’s overall happiness in a position and longevity with an organization (and, in this day and age, longevity is NOT 30 years, probably not even 15-20 years).

It was not until the last five or so years ago that this concept of “FIT” has had a more central focus within the employment context. I believe this focus is borne out of a couple of things:

First, a downsizing in corporate America, as a result of the recession where seasoned, loyal and truly

competent professionals were let go after 15-20 years of service to a company;

Second, a distrust that resulted from this downsizing that led to employees feeling less inclined toward corporate loyalty;

Third, the current new generation of workers is DEMANDING a very different working environment; and

Fourth, even though the economy is turning around and unemployment rates are falling, employers are not opening a floodgate of hiring. I have no empirical evidence, but I believe the fourth factor is not going to change anytime soon. I have found employers are still very intentional about who they bring on board because hiring remains constricted. Again no evidence, but I believe companies are going to stay flat and lean as they can. Why? Because they had to do it during the recession and they were able to . . . so why not continue? It is a great way to deliver more to the bottom line. Employers are vetting candidates for and thinking about FIT with every position they have to fill.

So if employers are thinking about FIT and weighing it heavily in the hiring process, I submit that each one of you should be thinking long and hard about it, too. How do you do that? Know yourself. How and where and when do you create, ideate, innovate and deliver the best results? What tools do you need to have access to in order to do that? Who do you need to have around you to work at your highest level? What personal life needs have to be settled so you can fully commit to your job when you are working? Child, elder or pet care? Access to banking,

laundry or other every-day services? An environment where suits are never required? . . . maybe you are a jeans and flip-flop kind of professional. Maybe you want to bring your dog to work? A place where you can work remotely or flex your time? An environment that is cross-functional, versus siloed? Payment for trade or professional associations and/or professional development? An organization that truly respects your evenings, weekends and vacation times? Access to partner benefits? Once you have figured out what makes you the best professional, then I think the next step would be for you to research and network with those in companies that match your FIT profile. This can be time consuming and frankly exhausting, but it is worth it. You can save yourself from floundering in your career. (Continued on Page 2)

Inside this issueMember Spotlight: Michelle Proia Roe .....................2

Removing the Stigma Associated with Mental

Illness .................................................................... 3

2014 Golf Classic Outing was a Success! ............. 4

Do’s & Don’ts for Appellate Practitioners ............ 5

Upcoming Events .................................................. 6

Demonstrate Confidence Like a Girl .................... 7

Preserving Objections in Discovery: Conditional v.

Partial Discovery Response................................... 8

Dayton Chapter Recognized as Chapter of the

Year ....................................................................... 9

Reminger Co. Attorneys Recognized .................. 10

Dinsmore & Shohl Finance Department Leverages

New Opportunities .............................................. 11

Chavan Named to the Leadership Columbus Class

of 2015 ................................................................ 12

Women In History ....................................................13

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How long have you been an attorney?Almost 20 years.  I cannot believe how the time has flown. Where are you

employed, and what is your focus/specialty?I am General Counsel - Americas & Secretary for Mettler-Toledo, LLC in Columbus. We are a $2.4 billion global manufacturing company traded on the NYSE. I am in charge of all legal affairs for the Americas. My expertise is focused in complex commercial transactions and high-dollar value negotiations. I am a generalist, though, and get involved in all matters, from M&A work, litigation, employment law and many other areas. We are headquartered near Zurich, Switzerland, and I am involved with international colleagues on a daily basis from China, India, Europe and a variety of other regions. Graduate of?  University of Rochester (BA); University of Pittsburgh (JD) Have you done anything else?  Was being a lawyer your first career passion?I went straight to law school from college.  I always knew that being a lawyer was a good career choice - I enjoyed reading and writing a great deal and wanted to help people assert their rights and prevail as the underdog. When did you join the OWBA?  I joined within the last seven years - shortly after I moved to Columbus for my job in mid-2007, and didn’t really know a soul in town.  I joined to meet new people.

How did you find out about the organization?  I found out about it when I received an invite to Leading With Style, the original OWBA signature event, which was held that year at Easton Town Center.

Tell me about how you have been involved? (Committees, positions, member events, etc.) I began as a Trustee on the Board.  There was a need for a President-Elect, and I filled it after very persuasive convincing by Past President Val Hoover.  She convinced me the moment was now, and if I did not seize the opportunity to be President, it may never come around again.  I do not regret it for a second.  Being President was life-changing. I started the first ever In-House Counsel Subcommittee during my Presidency, with the valuable support of Jen Fuller and Claudia Herrington.  OWBA Past President, Maria Kortan-Sampson, first gave me the idea.   Why is it important for your peers to be involved in his organization?This organization has provided me with a base of dear friends with whom I share a lot in common, and the OWBA also gave me confidence to excel into a senior management position at work in a male dominated industry. What is your advice to others just getting involved in the OWBA?Go to an event - even if you have to go alone.  You get out of the OWBA what you put into it.  You’ll make some lifetime friends along the way. What are some of the things you feel are important for the organization to focus on?Diversity - making sure women of color have real opportunities to ascend to the senior-most leadership positions

in their careers.  Each of us has the responsibility to make this happen.  Personally, what are your other interests, involvements outside of law?Spending time with my wonderful and supportive husband, Robbie Roe.  We met after I moved to Columbus, and we were married two years ago during my OWBA Presidency. It has been an exciting time for us.  I recently started doing yoga for “me” time, and it is making me realize that true happiness must come from within. n

Member Spotlight: Michelle Proia Roe

FIT (Continued from Page 1)Early in my career, when I looked

for a job, I looked at compensation. I was an attorney. I expected to be compensated at a certain level. Because of my hubris, I was just doing a job because. So, in retrospect, it is no great surprise that I was unhappy in some of my positions. Luckily this story has a happy ending. I have found my fit.

My fit is JobsOhio. Here is what I learned about myself along the way. I work best when I work cross-functionally. I enjoy working in a multi-generational environment where I can learn from some and teach others. I appreciate transparency and un-hierarchal collegiality. I enjoy not having an office and the constant face-to-face collaboration that goes along with that. Most of all, the mission and the work I do is exciting and important. Finding my fit has made all the difference. If any of you struggle with this same issue, please do not doubt yourself or your skill. Do not give up. Please, instead, reach out to me or a close confidant who can give guidance.

Please check out the rest of the newsletter and see all the wonderful events we have scheduled. n

Claudia Herrington is Director of Compliance with Jobs Ohio.

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Removing the Stigma Associated with Mental IllnessWritten by Suzana K. Koch and Kate B. Wexler, both with Brouse McDowell, LPA

Robin Williams. Mindy McReady. Ernest Hemingway. Kurt Cobain. Marilyn Monroe. Vincent Van Gogh. Sigmund Freud. Sylvia Plath. L’Wren Scott. Virginia Woolf. These are just a few names of celebrities who have committed suicide.

Suicide has become one of the most common killers of Americans between the ages of 15 and 45. In 2011 (the most recent year for which data are available), 39,518 suicides were reported, making suicide the 10th leading cause of death for Americans. In that year, someone in the country died by suicide every 13.3 minutes.1

The most important risk factor for suicide is mental illness, especially depression or bipolar disorder (also known as manic-depressive illness). When depression is accompanied by alcohol or drug abuse, which it commonly is, the risk of suicide increases perilously.2

Psychiatrist Kay Redfield Jamison, a professor at Georgetown University, herself a sufferer from depression, had this to say about suicide in her seminal book on the subject, “Night Falls Fast.”

When people are suicidal, their thinking is paralyzed, their options appear spare or nonexistent, their mood is despairing, and hopelessness permeates their entire mental domain. The future cannot be separated from the present, and the present is painful beyond solace.3

About 10 percent of this country’s population currently suffers from depression. Lawyers have twice the rate of depression of the general population, and women experience twice the rate of depression as men, regardless of race or ethnic background. Depression is not a mood or a character flaw. It is often the result of a chemical imbalance in the brain - nothing different from imbalances in the body that result in

diabetes, high blood pressure or high cholesterol- all the result of a complex interplay of lifestyle and genetics. Like these other disorders of the body, treatment is available with psychological counseling, antidepressant medications or a combination of the two4. So, if it’s treatable, why the persistent and alarming rise in the rate of suicide?

Unlike other imbalances, depression is different in two critical ways that each prevents sufferers from reaching out for help. One is the hopelessness that is a symptom of depression itself. The second is the social stigma that comes with a diagnosis of clinical depression. That is not a diagnosis anyone wants a future employer or insurance underwriter to see in medical records, or wants to share with friends and family to garner support and encouragement. The stigma associated with a mental illness or addiction acts as a barrier to treatment.

The National Alliance on Mental Illness tells us that mental illness is a medical condition that disrupts a person’s thinking, feeling, mood, ability to relate to others and daily functioning. Just as diabetes is a disorder of the pancreas, mental illnesses are medical conditions that often result in a diminished capacity for coping with the ordinary demands of life, let alone the stressful demands of the practice of law. Combining a healthy diet with enough sleep and exercise, while sound advice for all of us generally, may not be enough to treat the underlying chemical or biological conditions causing mental illness.

The challenge this article presents is for you to re-think mental illness as essentially biological in nature. This article does not suggest that mental illness is easily treatable, but by educating ourselves, we can collectively remove an obstacle to treatment if we remove the societal stigma. It is important that we, as lawyers, undertake this challenge as studies have shown that our profession can exacerbate mental illness and addiction issues.

One study of law students found they suffered from depression at the same rate as the general population before entering law school. Just two months into the school year, however, their negative symptom levels had increased dramatically. By the spring of their first year, 32 percent of the same law students were depressed. By the spring of their third year, the number had risen to 40 percent. Two years after graduation, 17 percent of the students – about twice the rate of depression experienced by the general population – were still depressed. 5

G. Andrew H. Benjamin, J.D., Ph.D., the lead researcher stated:

After nearly 40 years of compelling evidence about the prevalence of the severity of depression for the legal profession of law, more meaningful systematic changes must be implemented throughout the professional acculturation process of law students and lawyers.6

Further evidence of the effect of mental illness on our profession as a whole is the finding that the vast majority (70 percent) of attorney discipline cases is determined to be as a result of a mental illness, an addiction, or a combination of the two.7

Learning about mental illness is the first step in the meaningful systematic change that we need to be healthier, to be better lawyers, and to save lives.

(Continued on page 4)

Suzana K. Koch Kate B. Wexler

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NewsRemoving the Stigma (Cont. from page 3)

If you feel that you may suffer from depression, mental illness, or addiction, please call the Ohio Lawyers Assistance Program (OLAP) at 1-800-348-4343 (available 24/7) or email at info@OhioLAP.org.

Additional sources for help are the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) which is also available 24/7; the National Helpline for Lawyers at 1-866-LAW-LAPS; and the National Helpline for Judges Helping Judges at 1-800-219-6474.

May you be well, and help others to be well, too! n

About the authors:Suzana Koch negotiates resolutions to complex, inter-disciplinary commercial issues in loan restructurings and commercial reorganizations, and she represents clients in court when litigation is unavoidable.

Kate Wexler advises executive teams and operational managers on a wide variety of strategic and business matters, including mergers and acquisitions, securities filings, regulatory compliance, dispute resolution and general contract law.

The Golf Classic Outing was held on July 21, 2014, at the StoneWater Golf Club in Highland Heights (Cleveland), Ohio. Thirty-two (32) players braved the cool and windy temperatures yet almost everyone thoroughly enjoyed the course and had a wonderful time. Corey Brayer, Senior Development Chemist, Technical Chrysler commented to Joanne Hindel, Vice President of Fifth Third Bank, “Thanks once more for the invitation and sponsoring our team. Except for brief periods of weather and some of my wayward shots, I had a blast. Between the outings I run and the ones I play in, I’m at part of quite a few outings every year, and this is up there with the best of them.”

The event was successful due to the Eagle Sponsorships received from Brouse McDowell, LPA; Cady Reporting

Services, Inc., and Meyers Roman Friedberg & Lewis as well as the Hole Sponsorships that were received from Inglewood Associates LLC and Elk & Elk Co., Ltd.

Prizes were presented to the first and second place team winners and to the longest drive and closest to the pin. A wedge was presented for the longest putt prize to Elizabeth Lynch. The first place winning team was: Joanne Hindel, Corey Brayer, Jim Metzler and Gloria R. Homolak. The second place winners consisted of Jennifer Gajda, Matthew Silla, Nicole

Florio and David Lenz. A special thanks to our Chair, Pat

Gajda of Brouse McDowell LPA, as well as to her committee members: Suzana Koch of Brouse McDowell LPA, Marilena DiSilvio of Elk & Elk Co., Ltd., and Rachel Steinlage of Meyers Roman Friedberg & Lewis. n

2014 Golf Classic Outing Was a Success!

1 Facts and Figures, AMERICAN FOUNDATION FOR SUICIDE PREVENTION (last visited Sept. 12, 2014) https://www.afsp.org/understanding-suicide/facts-and-figures

2 Kay Redfield Jamison, To Know Suicide: Depression Can be Treated, but It Takes Competence, N.Y. TIMES (Aug. 15, 2014) available at http://www.nytimes.com/2014/08/16/opinion/depression-can-be-treated-but-it-takes-competence.l?module= Search&mabReward=relbias%3Ar%2C%7B% 221%22%3A%22RI%3A5%22%7D&_r=0

3 Kay Redfield Jamison, NIGHT FALLS FAST quoted in Dan Lukasik, The Death of Robin Williams, Depression and Suicide, LAWYERS WITH DEPRESSION (Aug. 13, 2014) http://www.lawyerswithdepression.com/articles/death-robin- williams-depression-suicide/

4 Daniel K. Hall-Flavin, Depression (major depressive disorder), MAYO CLINIC (Mar. 05, 2014) http://www.mayoclinic.org/diseases-conditions/depression/expert-answers/clinical-depression/faq-20057770

5 Dan Lukasik, Law School Depression, LAWYERS WITH DEPRESSION (last visited Sept. 12. 2014) http://www.lawyerswithdepression.com/law-school-depression/#XWOzTzw4gWsHG5Kc.99

6 Id.

7 Substance Abuse and Depression in Women Lawyers, CROSSROADS FOR WOMEN (Jan. 23, 2014) http://www.crossroadsme.org/blog/?p=95

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Do’s and Don’ts for Appellate Practitioners (aka Monday Morning Quarterback Tips for Trial Counsel)Reviewing Film for the Next Trial – Current AppealBy Judge Mary DeGenaro, Ohio 7th District Court of Appeals & OWBA Trustee

Since it’s American football season (a nod to all you soccer fans), a way to analogize a litigator’s post-trial review and appellate counsel’s review is akin

to watching game film. Coaches watch film to look for mistakes so that they are corrected for the rest of the season and not repeated, as well as how to do better against a conference opponent for when that team is faced in a second game later in the season. The first film viewing scenario is analogous to the litigator’s Monday morning quarterbacking; whereas the second game against the same opponent is the perspective appellate counsel is reviewing the film.

How many times has a trial practitioner said to themselves after a question or argument during the course of a trial, or after it was all over: “If only I had. . . ” The same goes for proceedings before a magistrate, or you have prevailed or lost on a motion to dismiss, or summary judgment has been entered in favor of or against your client. Some may say, well, that’s for appellate counsel to deal with; to defend or seek reversal of a judgment. But the good trial practitioner will look with an appellate practitioner’s eye during the course of the life of a case, from the date the file is opened through a verdict and post-judgment pleading. These do’s and don’ts of appellate practice are not only helpful to the appellate practitioner, there are helpful nuggets for the trial practitioner to incorporate in her case management.

Do:1. Know the standard of review. That

is the lens the trial court and the

appellate panel will be viewing the case. Preparing for a matter that rests upon abuse of discretion is much different than one subject to de novo review.

2. Know exactly what you want to say before you start writing and arguing your brief, or memorandum in support of a pre or post-trial motion.

3. Remember the ABC’s: accuracy, brevity and clarity.

4. Remember Active v. Passive Voice; choice may depend upon who you represent: active voice for the plaintiff versus passive for the defendant passive voice in criminal cases can put some distance between the defendant and the act.

5. Assignments of Error are just that; generally neutral; how broadly or narrowly written will dictate how many Issues Presented for Review are needed.

6. Issues Presented should be short, specific and argumentative; in other words persuasive and from you client’s perspective; not rude or condescending to the opposing party or counsel, or the trial or appellate court.

7. Use “the three t’s” in your trial motion memorandum, brief and oral argument: tell ‘em what you’re gonna tell ‘em; tell ‘em; tell ‘em what you told ‘em. This is an effective roadmap style.

8. Check the record to make sure it is complete.

9. PROOF, PROOF, PROOF your written work product.

10. Know your trial judge and appellate panel and their respective opinion on the relevant issues; especially if past appellate panels are split.

11. On Ohio Supreme Court appeals,

remember it is a policy court; emphasize policy over facts, and how it will impact similarly situation parties statewide, not merely your client.

12. Remember that the Court of Appeals is a court of error correction primarily, making sure the law was applied properly in that case with an eye toward consistency in the law within that appellate district and its sister districts; whereas the trial court is looking to resolve the instant case as it relates specifically to the parties to that case.

Don’t:1. Blame THE LEGAL ASSISTANT,

PARALEGAL, SUMMER ASSOCIATE, COURT REPORTER OR THE CLERK OF COURTS! I know all caps is shouting in texting parlance, but the point bears emphasizing, at the end of the day the attorney’s name is on every pleading. Teachers didn’t bite on the dog ate my homework excuse, and the same goes for the court at any level.

2. Wait until the last minute to draft your memorandum or brief, or prepare for the hearing or oral argument.

3. Make ad hominem attacks. It doesn’t always work even on TV.

4. Trust spellcheck or use ‘ly’ words -clearly, certainly, etc.- or ‘I contend’, ‘I argue’, etc. Instead, use ‘the evidence demonstrates’ or ‘the law holds’.

5. Cut and paste the summary judgment motion, objections, etc. into the appellate brief.

6. Make a complicated scenario more complex than it needs to be, or complicate a straightforward issue.

(Continued on page 6)

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Do’s and Don’ts (Cont. from page 5)

7. Use supplemental authority to present the court with case law you missed.

8. Assume a hearing or oral argument has minimal value.

9. LISTEN, LISTEN, LISTEN to opposing counsel and questions from the court during the hearing or oral argument, and be responsive in your answers during your case presentation.

10. Waste time at oral argument with a recitation of the facts and procedure. In Ohio, the Supreme Court and the Courts of Appeals have read the briefs before argument, and overall are hot benches; the panels are active during oral argument.

11. Ignore a question or give a nonresponsive answer, take the hardballs and then try to get back to your argument; you will lose credibility with the court if you are not willing to accept a correct statement of the facts or the law.

12. Be afraid to hit the softballs out of the park.

13. With appellate panels, the judges may be asking questions to persuade a colleague or in anticipation of discussions during conference on the case.

14. Allow your opponent to frame the issues; reframe them from your client’s perspective.

15. If you weren’t trial counsel, DON’T use this as an excuse during oral argument if you don’t know something from the record, etc. That will be perceived as a lack of preparedness. Moreover, it is an advantage, you are viewing the case from the same perspective as the appellate panel; fresh eyes will see better arguments to support your client’s position. Same rationale applies if you are new counsel at the trial court level

About the author:Judge Mary DeGenaro was first elected to the 7th District Court of Appeals in 2000 and re-elected in 2006 and 2012. Judge DeGenaro obtained a Bachelor of Arts degree from Youngstown State University in 1983, a Juris Doctor degree from the Cleveland-Marshall College of Law of Cleveland State University in 1986, and was admitted to the Ohio bar in November of that year. She also served as a member of Poland Village Council from January 1998 through January 2001. She is admitted to practice before the United States Supreme Court, the U.S. Court of Appeals Sixth Circuit, and the U.S. District Courts for the Northern District of Ohio and the Western District of Pennsylvania. She has sat by assignment on the Ohio Supreme Court and five of the other eleven appellate districts in Ohio.

Judge DeGenaro is a founding member of the OSBA Appellate Practice Specialty Certification Board, which oversees the process and examination of attorneys specializing in Appellate Practice in Ohio, and is active in the Ohio Judicial Conference, serving on the Ethics Committee since 2001 and as co-chair since 2013. She is a member of the American Bar Association and its Judicial Division and several other specialty groups; the Ohio State Bar Association and its Appellate Practice Committee; the Board of Trustees of the Ohio Women’s Bar Association, as well as several local bar associations within the 7th District, and is a continuing legal education speaker for the OSBA and local bar associations.

Judge DeGenaro also serves on a variety of boards in the 7th District, including the Board of Trustees of the Public Library of Youngstown and Mahoning County and the Mahoning Valley Historical Society. She also taught American Government as an adjunct faculty member in the Political Science Department at YSU; has served on the External Advisory Committee of

the Ohio Center for the Advancement of Women in Public Service at the Maxine Goodman Levin College of Urban Affairs at Cleveland State University; and belongs to the St. Thomas More Society of the Diocese of Youngstown, which hosts the annual Red Mass for the diocese. n

Please Join Us for These Upcoming EventsOWBA In-House Counsel Subcommittee/Association of Corporate Counsel Wednesday, October 22, 2014

6:00 p.m. – 8:30 p.m.

The Seasoned Farmhouse Columbus, OH

Sponsors are Carlisle Patchen & Murphy LLP and Littler Mendelson, P.C.

Fee to Attend: $25.00 per person

Giving Back Statewide Event Thursday, November 20, 2014

12:30 p.m. – 4:45 p.m.

Columbus, Cincinnati, Toledo and Cleveland

This event will offer 3 hours of CLE Credit

Cost will be $10.00 and, if not a member, this fee can go towards membership

Schedule for the day will be:

12:30 – 1:15 Registration/Networking with finger sandwiches/snacks

1:15 – 1:25 Introductions

1:25 – 2:25 Record Retention Requirements in the Public & Private Sectors

2:25 – 3:25 Navigating Transitions and Creating Opportunities– Public to Private – Private to Public (Panel Discussion)

3:25 – 3:35 Break

3:35 – 4:45 Finding Balance & Creating a Personal Brand and the Importance of Networking

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Many of us have seen the “Run Like a Girl” campaign depicting what people think when we say “run like a girl.” As shown in the campaign, “run like a girl”

takes on a negative connotation as we age. The campaign then attempts to change that negative connotation so “like a girl” takes on a positive image again. . . as it did when we were younger.

In thinking about this campaign, I started focusing on how the world changes for us as we get older. We constantly hear how women need to have confidence. Leadership is about presenting confidence and decisiveness. In fact, a colleague and mentor of mine vividly recalls a senior, male partner telling her after she had just joined the firm: “As attorneys, we sell confidence.”

I have watched my daughters confidently walk into a room and twirl around without a concern in the world as to who is watching them. But something happens as we mature and that confident girl becomes consumed with what society thinks. I can’t tell you the number of successful women whom I have spoken with and have shared their “you need to be more confident” story. In fact when I told a female colleague that I was writing this article, she recounted that one of the most memorable moments of her career to date was when her mentor responded when she asked how she did at a deposition. Her mentor in a matter-of-fact tone told her that men do not question whether they did well at a deposition or oral argument.  Her mentor continued that a male attorney just assumes that he did a good job.  

My colleague recounted that her initial thought upon hearing this was “wow, it must be awesome to be a man!” She then told me that after getting over her initial amazement at this revelation, she began to try to think “like a man” and brush away self-doubt when it arose. 

So how do we as women become more confident as we were as children or “like a man”? We’ve all heard “fake it until you make it.” Obviously confidence comes with knowledge and being comfortable in your own skin. There are plenty of articles out there on the importance of projecting confidence, and almost all of them conclude that to project confidence, you must actually be confident. But knowing you need to be confident and actually being confident are not the same thing, and projecting confidence is hard if you don’t feel confident. 

So how do you “fake it” especially as a young attorney? One way to increase your confidence both internally and externally, in only minutes a day (perhaps when you are on that after-lunch conference call) is by working to improve your body language.

We display our power nonverbally through open, expansive postures, and show powerlessness through closed, contractive postures.  Not only can powerful postures make you look more powerful, one study has shown that they can make you feel more powerful, and can decrease stress!   

Powerful postures are open postures that take up space.  Stand up straight, with your shoulders back and your chin up.  Keep a wide stance with your weight evenly-balanced on both feet, and your knees relaxed.  Keep your hands at your side, slightly away from your body, or put your hands on hips.  Think Wonder Woman! 

If you are sitting, sit up straight, and put your feet flat on the floor or out in front of you (try to avoid crossing your legs).  Keep your head up and shoulders back; err on the side of leaning back in your chair rather than hunching over and resting your arms on the table.  Keep your arms away from your body, either by lacing your hands behind your head with your elbows out, resting them on the arms of your chair, or even hooking an elbow on the back of your chair or draping your

arm over the chair next to you.   If you are making an important point, try putting your fingertips together in a “steeple.” 

Make eye contact with the person you are talking to (one suggested way to improve eye contact is to look into a person’s eyes long enough to notice what color their eyes are).  Use open gestures at or around waist level—moderate gesturing can help decrease your use of fillers (“ums”) and can signal credibility.

Keep your head upright and still when you want to project authority; nodding and/or tilting your head can show that you are sympathetic and listening (good in some situations), but can also be seen as submissive.

Take up space – if you’re in a conference room, spread your papers out. Don’t worry so much about being neat—think instead about taking up room. 

Avoid closed, contractive postures like the following:  slouching, crossing your arms or legs, sitting on your hands, sitting with your hands folded in your lap, fidgeting, scratching/touching your face/hair, and bowing your head.

So, next time you are on hold, or before your next big meeting or appearance, spend a few minutes practicing the postures of power.  You don’t have to stand like Wonder Woman or have your feet up on the conference room table with your hands laced behind your head all of the time; these are extreme examples—but practicing the extreme versions of powerful poses will help you feel more confident, and you can incorporate modified versions of them to fit your personality, the situation, and your goals so you are comfortable in your own skin.  For a great video on body language and confidence, check out social psychologist Amy Cuddy’s TED video, available here: http://www.ted.com/talks/amy_cuddy_your_body_language_shapes_who_you_are?language=en.

We have 7 seconds to make a good first impression so let’s make a confidant, first impression! n

Demonstrate Confidence Like a GirlBy Tara Aschenbrand, Squire Patton Boggs

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A small but growing number of federal courts are criticizing the practice of conditionally responding to document requests and interrogatories. Conditional responses, however, should not be confused with partial discovery responses, which the Federal Rules of Civil Procedure explicitly permit. Understanding the difference is critical to avoid the possibility of waiving your objections.

Conditional Discovery ResponsesA conditional discovery response is just that—a response that is conditional upon asserted objections. For example, a responding party may assert objections based on relevancy and burden followed by a response that begins with “subject to” or “without waiving such objections.” According to the courts critical of conditional responses, such a response “leaves the requesting Party uncertain as to whether the question has actually been fully answered or whether only a portion of the question has been answered.” Consumer Elecs. Ass’n v. Compras & Buys Magazine, Inc., 2008 U.S. Dist. LEXIS 80465, *7 (S.D. Fla. Sept. 18, 2008). These courts’ reason that a “party cannot object to an interrogatory or request for production, and, at the same time, answer the request for production in the same response.” Jones v. Forrest City Grocery, Inc., 2007 U.S. Dist. LEXIS 19482, * 2-3 (E.D. Ark. Mar. 16, 2007). As such, many of these courts hold that “whenever an answer accompanies an objection, the objection is deemed waived, and the answer, if responsive, stands.” Tardif v. People for the Ethical Treatment of Animals, 2011 U.S. Dist. LEXIS 47132, *4 (M.D. Fla. Apr. 29, 2011).

As an illustration, in Sprint Communications Co., L.P. v. Comcast Cable Communications, LLC, (“Sprint”), the defendants served Sprint with discovery requests seeking documents that Sprint objected to producing on privilege grounds. 2014 U.S. Dist. LEXIS 16938, *3 (D. Kan. Feb. 11, 2014). For several of the requests, however, Sprint stated, “Subject

to and without waiver of the foregoing objections … Sprint will produce non-privileged responsive documents….” Id. The court found that Sprint’s “purported reservations of rights … was improper” and waived Sprint’s objections to the requests. The court went on to describe conditional responses as “manifestly confusing (at best) and misleading (at worse)” and not permitted by the Federal Rules. Sprint Communications Co., L.P. v. Comcast Cable Communications, LLC, 2014 U.S. Dist. LEXIS 16938, *8 (D. Kan. Feb. 11, 2014).

Partial Discovery ResponsesThe Federal Rules, however, do not leave responding parties with an all or nothing choice of either objecting to the request as a whole or responding fully. In fact, the Federal Rules explicitly permit partial responses, which differ from a conditional response in that, in partial responses, the asserted objections do not apply to the response. For interrogatories, Rule 33(b)(3) states “[e]ach interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.” Similarly, Rule 34(b)(2)(C) states “[a]n objection to part of a request must specify the part and permit inspection of the rest.” Thus, in responding to discovery requests, a party may (1) object to the request as a whole, (2) respond fully, or (3) object to part of the request and respond to the non-objectionable portions. See Horton v. Cavalry Portfolio Servs., LLC, 2014 U.S. Dist. LEXIS 102572, * 4-5 (S.D. Cal. July 24, 2014).

Even courts critical of conditional responses recognize the availability of the three options above in responding to discovery requests. See, e.g., Siddiq v. Saudi Arabian Airlines Corp., 2011 U.S. Dist. LEXIS 151474, *7 (M.D. Fla. Dec. 7, 2011). The key to a partial response, therefore, is that it must be clear that it is only a partial response. A clear partial response avoids any of the uncertainty found in conditional responses

as to whether the question has been fully answered. For example, if a request seeks all documents related to topic X for a 25 year period, a responding party may state that it will produce documents related to topic X for a five-year period and object to the temporal scope beyond the five-year period as unduly burdensome. Thus, in the example above, it would be clear that the response is a partial response limited to a five-year period and the unduly burdensome objection applies to the period outside of the five-year period. A clear partial response that specifies what part of the request is objected to and responds unconditionally to the non-objectionable portions of the request will likely avoid any waiver of objections.

Conclusion When responding to discovery requests, consider whether you intend for your response to be conditional upon your asserted objections or whether you actually intend for your response to be a partial response. While the distinction between conditional and partial responses can be subtle, in courts critical of conditional responses, it is important to understand the distinction and draft responses accordingly to avoid the possibility of waiving your objections.

Joseph Cole is an associate with Thacker Martinsek LPA. Joe received a Bachelor of Science degree in 1999 from Western Michigan University in Kalamazoo, Michigan and a law degree from the University of Toledo College of Law in 2010. Before joining Thacker Martinsek in 2012, Joe was a judicial law clerk for the Honorable Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana. In that role, Joe gained extensive experience in pre-trial discovery issues. Joe is currently a part of the firm’s Litigation Management practice group in which he serves as part of a national products liability discovery team for a major manufacturer. n

Preserving Objections in Discovery: Conditional v. Partial Discovery ResponsesBy Joeseph Cole

News

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The Dayton Chapter of the Federal Bar Association (FBA) was recently honored by the FBA at its Annual Meeting in Providence, Rhode Island. For the first time in FBA history, the FBA recognized two chapters – Dayton and Chicago – for going above and beyond for their respective members and communities. Magistrate Judge Michael J. Newman, 2013 Dayton Chapter President, received the award on behalf of the Chapter, accompanied by Jeff Cox, Chapter President-Elect; Erin Rhinehart, the Chapter’s National Delegate; and Glen McMurry, Immediate Past President of the Dayton Chapter.

In addition to being recognized as Chapter of the Year, the Dayton Chapter took home more awards than any other FBA chapter in the county. In particular, the Dayton Chapter received the following awards:

• 2014 Chapter of the Year

• 2014 Ilene and Michael Shaw Public Service Award, for the Dayton Chapter’s “Younger Lawyer Public Service Initiative” program

• 2014 Outstanding Newsletter Award, for the Dayton Chapter’s semi-annual newsletter, On the Merits

• Recognition for a 10 percent increase in membership over the past year

The Dayton Chapter is extremely proud to be the sole recipient of the Ilene and Michael Shaw Public Service Award – the FBA’s national public service award. This award is made possible by the generous contributions of Ilene and Michael Shaw, and seeks to recognize the FBA Chapter that has offered exemplary public service programs within its community. In addition to the national recognition, the award includes $5,000 of seed money to plan, implement and continue public service programs. The Dayton Chapter is humbled by this recognition and is hard at work evaluating how best to use the money to better serve the Dayton community.

“We are energized to continue our programming, outreach and innovations to continue to serve the needs of our local federal judiciary and attorneys as

well as the citizens of the greater Dayton region who look to the Dayton federal court for assistance,” said Cox. “We also are pleased to celebrate the election of Judge Newman to serve as the National President of the Federal Bar Association in 2016, and the election of Glen McMurry as Chair of the FBA’s Younger Lawyers Division; his chairmanship will commence in 2018.”

About the Dayton Chapter of the Federal Bar Association

The mission of the Dayton Chapter of the Federal Bar Association is to advance the profession and science of jurisprudence and to promote the welfare, interests, education, and professional growth and development of the members of the Federal legal profession. For more information on the FBA and the Dayton Chapter, please contact Erin E. Rhinehart, Esq., Chair, Publicity & Public Relations Committee for the Dayton Chapter, at erhinehart@ficlaw.com, and visit www.fedbar.org, “like” the Dayton Chapter Facebook page, and follow us on Twitter @DaytonFBA. n

Dayton Chapter of the Federal Bar Association Recognized as Chapter of the Year & Recipient of the Ilene and Michael Shaw Public Service Award

Judge Michael J. Newman, U.S. District Court Southern Ohio District Ohio

Jeffrey T. Cox, Esq. (Faruki Ireland & Cox P.L.L.)

Erin E. Rhinehart, Esq. (Faruki Ireland & Cox P.L.L.)

Glen McMurray, Esq. (Dungan & LeFevre)

News

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ClevelandHugh J. Bode (2011) Product Liability LitigationDefendants

Joseph E. Cavasinni (2015) Construction Law

Mario C. Ciano (1993) Personal Injury Litigation Defendants Professional Malpractice Law Defendants

Andrew J. Dorman (2006) Commercial Litigation Insurance Law

Adam M. Fried (2009) Elder LawLitigation Trusts & Estates

Daniel R. Haude (2011)Product Liability Litigation Defendants

Barbara B. Janovitz (2009)Trusts and Estates

Frank Leonetti III (2009)Transportation Law

Clifford C. Masch (2007)-Appellate Practice-Insurance Law

William A. Meadows (2007)Legal Malpractice Law Defendants

Medical Malpractice Law Defendants

Russell J. Meraglio, Jr. (2012)Litigation - Trusts & Estates

John Patrick (2013)Corporate Law

David Ross (2008) Insurance Law Professional Malpractice Law Defendants

Christine Santoni (2011) Medical Malpractice Law Defendants

James J. Turek (2007) Transportation Law

Stephen E. Walters (1999) Medical Malpractice Law Defendants Personal Injury Litigation Defendants

Leon A. Weiss (1987) Litigation - Trusts & Estates Trusts and Estates

Jason D. Winter (2009) Legal Malpractice Law Defendants Professional Malpractice Law Defendants

ColumbusPaulette Ivan (2007) Workers’ Compensation Law Employers

D. Patrick Kasson (2013) Employment Law Individuals Employment Law Management Labor Law Management

Kevin Sanislo Workers’ Compensation Law Employers

sanduskyDonald J. Moracz Medical Malpractice Law Defendants

Jeanne M. Mullin (2012) Medical Malpractice Law Defendants

louisvillePaul A. Dzenitis (2013) Medical Malpractice Law Defendants

(Year) First year the lawyer was listed. n

Twenty-four Reminger attorneys were included on the 2015 Best Lawyers in America® list, including 18 from the Cleveland office, three from the Columbus office, two from the Sandusky office and one from the Louisville office. First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey. Reminger’s Best Lawyers for 2015 include:

Twenty-Four Reminger Co., LPA Attorneys Recognized by Best Lawyers In America® 2015

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News

Dinsmore & Shohl set the pace in Kentucky, serving as bond counsel for the highest dollar volume of transactions for the first half of 2014, earning the firm a first place ranking by The Bond Buyer.  Dinsmore’s transactions as bond counsel totaled more than $628.7 million (par amount) in the Commonwealth, which is more than the second and third ranked bond counsel firms combined.  In Ohio, the firm claimed third place with bond transactions totaling $651.5 million (par amount) and was the fourth ranked bond counsel firm in Pennsylvania with transactions totaling $336.7 million (par amount). The news comes as the firm looks to continue to leverage opportunities six months after the merger with Peck, Shaffer & Williams (Peck Shaffer).

 Dinsmore has also officially released details of the formation of its new Finance Department, created by restructuring several practice areas.  The new department consists of 55 attorneys in the Commercial Finance and Public Finance Practice Groups.  Columbus Partner Tom Wilson was elected as Head of the Finance Department.  He joined Dinsmore in the Peck Shaffer merger and also serves on the Board of Directors as a result of his new role.  Wilson says he sees a lot of interplay in his department.

 “It all comes down to making sure our clients have the tools they need to turn their projects into reality,” said Wilson. “When you combine our Public Finance expertise with the established success of the Commercial Finance group, there are many options to leverage for our clients.”   

 Cincinnati Partner Joanne Schreiner remains the Chair of the Commercial Finance Practice Group and will continue to oversee the 16 attorneys that comprise it.  Schreiner’s group covers commercial lending and business

transactions. She says even with the economic recovery in progress, there are still hurdles to navigate.

 “National banks have tightened underwriting, making deals harder to finance, but the void is being filled with regional banks, which are significantly increasing their lending budgets,” said Schreiner.   “Demand for credit remains quite strong, and delinquencies are down.  That means there are funds available for new loans.”

 The two attorneys selected to co-Chair the Public Finance Practice Group each have more than 30 years experience as bond counsel.  Pittsburgh Partner Christopher Brewer and Cincinnati Partner John Merchant lead the 39 Public Finance attorneys.  They have already seen clients benefit from the expanded group, especially as they face federal regulations like the Securities and Exchange Commission’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative.   

 “These new regulations have many clients concerned about their past disclosures.  Our group can work on their new financing projects while doing a compliance review on all their previous transactions,” said Brewer.  “We have all the tools and experience to address their needs, and these MCDC audits are just one way to illustrate that.  Our clients

have the peace of mind that we have them covered on every front.”   

 In the six months since Merchant joined the firm in the merger, he has experienced the benefit of Dinsmore’s depth of service and enjoys having a full spectrum of legal perspectives at his disposal.

 “Now when I have a real estate question or other question in a project, I pick up the phone and talk through it with another attorney in the firm.  Our Public Finance work compliments so many areas that it will be fascinating to see how we can leverage our expanded platform to help our clients,” said Merchant.

 Dinsmore also continues to expand its presence in the firm’s new locations gained from the Peck Shaffer merger. The Chicago office has recently added eight attorneys, including four from Thompson Coburn and attorneys from Kirkland Ellis and Tressler.  In Denver, the firm welcomed Kwali Farbes to the Public Finance group.  Farbes is new to Dinsmore, but she previously spent five years at Peck Shaffer before leaving in 2012 and brings dynamic energy to the office.

 In addition to the Finance Department, Dinsmore also offers its Corporate, Intellectual Property, Labor & Employment and Litigation Departments to serve clients.  The firm has more than 500 attorneys and locations in 16 cities throughout Colorado, Illinois, Kentucky, Ohio, Pennsylvania, Washington, D.C. and West Virginia. n

Dinsmore & Shohl Finance Department Leverages New Opportunities

Tom Wilson, Partner and Head of the Finance Department, Dinsmore & Shohl

News

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Sustaining Members (as of October 1)

New Members (July 1 thru September 30)

Deborah Akers-Parry Wolf and Akers LPA

Randal Sue Bloch Wagner & Bloch

Magistrate Judge Stephanie Bowman U. S. District Court Southern District of Ohio

Judge Janet Burnside Cuyahoga County Common Pleas Court

Angela Courtwright Ice Miller LLP

Sherri Dahl Squire Sanders LLP

Judge Mary DeGenaro 7th District Court of Appeals

Judge Patricia Delaney 5th District Court of Appeals

Jennifer Elleman Lexis Nexis

Amanda Gatti Reminger Co., LPA

Melissa Graham-Hurd Melissa A. Graham-Hurd, Atty. at Law

Nita Hanson Dinsmore & Shohl LLP

Laura Hauser Technical Consumer Products, Inc.

Kathleen Havener The Havener Law Firm LLC

Claudia Herrington JobsOhio

Valoria Hoover Kohrman Jackson & Krantz PLL

Jennifer J. Jacquemain Oldham Company, LLC

Lisa Kathumbi Littler Mendelson

Aneca Lasley Squire Patton Boggs

Helen MacMurray Mac Murray Petersen & Shuster

Catherine Martineau MacMillan Sobanski & Todd, LLC

Amanda Martinsek Thacker Martinsek LPA

Marilyn McClure-Demers Nationwide Insurance

Jean McQuillan Case Western Reserve University School of Law

Susannah Muskovitz Muskovitz & Lemmerbrock, LLC

Suzanne Nigro Suzanne M. Nigro, Atty. at Law

Denise Platfoot Lacey University of Dayton School of Law

Julie Rabin Rabin & Rabin Co LPA

Alice Rickel Alice Rickel & Assoc

Grace Royalty U. S. District Court, Southern District of Ohio

Laura Sanom Faruki Ireland & Cox P.L.L.

Christine Santoni Reminger Co., LPA

Michele Shuster Mac Murray Petersen & Shuster

Carrie Starts Reminger Co., LPA

Patricia Walker Walker & Jocke

Linde Webb Lydy & Moan, LTD

Kate Wexler Brouse McDowell, LPA

Amelia Workman Farago Taft Stettinius & Hollister LLP

Ann Zalloco Comenity LLC

Ashley BartmanOhio State University Moritz College of Law

Carrie ConnellyOhio Sixth District Court of Appeals

Joyce EdelmanPorter Wright

Loriann FuhrerKegler Brown Hill & Ritter

Jennifer HeapyGreater Dayton Premier Management

Jane HutchUS Air Force/AFLCMC

Justine LarsenOhio State University Moritz College of Law

Kate Lyaker

Michele MetzlerNorthern Kentucky University Chase College of Law

Leah SpenceOhio State University Moritz College of Law

Samantha StahlerCase Western

Chelsey VascuraUnited States District Court, Southern District of Ohio

Mary Lynn WagnerAmerican Financial Group

Katrina WahlWahl Legal Services Co., LPA

Amy WhitacreFirst American Title Company

Marjorie YanoBricker & Eckler

Jennifer Zaccheus-MillerChase Law School

Anjali P. Chavan Named to the Leadership Columbus Class of 2015

Dinsmore & Shohl’s Anjali P. Chavan has been named to the Leadership Columbus Class of 2015. 

 Chavan is among 55 members selected for their leadership

skills, community involvement and civic commitment. The mission of Leadership Columbus is to develop, connect and inspire diverse leaders who serve as catalysts in building a strong and vibrant community. This class also marks Leadership Ohio’s 40th Anniversary.

 Chavan is also close to completing the Columbus YWCA’s Chase Gen Y Leadership Project.  She is a board member for The Ohio State University Honors & Scholars Alumni Society and a steering committee member of the Columbus branch of the Human Rights Campaign, where she recently served as Co-Chair of the 31st Human Rights Campaign Columbus Gala and will serve as Co-Chair for the 32nd Gala as well.

 Chavan is a member of the Labor & Employment Department. She has experience in advising and representing private and public employers in all aspects of employment law and traditional labor law. Chavan assists employers to comply with the National Labor Relations Act, Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act and its Amendments, the Age Discrimination Act, Title VII of the Civil Rights Act, as well as the Ohio Civil Rights Act. n

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OWBA board membersPresident

Claudia S. Herrington

President-ElectGrace Royalty

Vice PresidentLisa Kathumbi

SecretaryEmily Wilcheck

TreasurerMarilyn McClure-Demers

Immediate Past PresidentMag. Judge Stephanie K. Bowman

Executive DirectorKimberly Fantaci

TrusteesMagistrate Ann Schooley

Jennifer EllemanLeah Sellers

Judge Marie HooverNita Hanson

Marguerite ZinzJudge Mary DeGenaro

Amanda MartinsekMagistrate Sharon Dennis

Ann ZalloccoBetsy Radar

Kristyn HueningMary (Mimi) Geswein

Judge Patricia A. DelaneySherri Dahl

Tara AschenbrandKate Wexler

OWBA/OWBF LiaisonCarrie Starts

Past PresidentsPamela Nagle Hultin (92-93)

Mary Lynn Readey (93-94)Barbara J. Smith (94-95)

Linde Hurst Webb (95-96)Laura A. Hauser (96-97)

Kirsti Talikka Garlock (97-98)Maria A. Kortan-Sampson (98-99)

Jami S. Oliver (99-00)Helen MacMurray (00-01)

Debra J. Horn (01-02)Suzanne M. Nigro (02-03)

Michelle J. Sheehan (03-04)Halle M. Hebert (04-05)

Monique B. Lampke (05-06)Pamela D. Houston (06-07)

Susan E. Peterson (07-08)Michele A. Shuster (08-09)

Lisa R. House (09-10)Valoria C. Hoover (10-11)

Jennifer Breech Rhoads (11-12)Michelle Proia Roe (12-13)

Mag. Judge Stephanie K. Bowman (13-14)

Women in History

October 11 - First Lady Eleanor Roosevelt was born in New York, 1884

October 11 - Kathy Sullivan was the first woman to walk in space this day, 1984

October 16 - Queen Marie Antoinette was beheaded, 1793

October 23 - Blanche Scott, was the first woman to solo in an airplane, 1910

October 23 - Twenty-five thousand women marched in New York City demanding the right to vote, 1915

October 26 - First Lady Hillary Rodham Clinton was born Hillary Rodham in Chicago, Illinois, 1947

October 31 - Mrs. William Waldorf Astor, wife of the British financier and publisher, died at the age of 78.

Her death marked the end of the old-style society in New York City, 1909

November 5 - Women’s suffrage was provided for in the constitution of Utah, and became effective January 4, 1896. Utah was the second state to give women the vote, 1895

November 8 - Mount Holyoke Seminary opened for classes. This was the first college in the United States intended specifically for women, and was founded in 1836 by Mary Lyon, 1837

November 8 - The first woman governor of Kentucky, Martha Layne Collins, was elected, 1983

November 17 - Catherine the Great died, 1796

December 1 - Rosa Parks refused to give up her seat on a bus, 1955

Women in History

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