FCBA Summer Picnic by jolinmilioncherie


									July / August 2011

                     Tuesday, September 13, 2011

     FCBA            5:30-8:00 p.m.

                     899 Manchester Street

                     $20 per person

                     RSVP by Sept. 9 to
                     info@fcba.com or 225-9897

                     Food! Fun! Live music by “The City”
                     Catering by Columbia Steak House

                     In this issue...
                     President’s Message                                3
                     Lawyers’ Student Scholarship Luncheon              4
                     Special Article: Around the Virtual Water Cooler   6
                     Names in the News                                  10
                     Calendar of Events                                 14
        BarNews                                                              Leading the Bar
    A publication of the Fayette County Bar Association

Bar News Article Submission Guidelines
Unsolicited manuscripts are accepted on subjects of                                             Officers
interest to the legal profession. Manuscripts should be
submitted in MS Word or WordPerfect in electronic form                       President                             Secretary
either on disk to the attention of Mary Carr, FCBA,                    Christopher W. Goode                     Pierce Hamblin
                                                                         Bubalo Rotman, PLC                 Landrum & Shouse, LLP
219 N. Upper Street, Lexington, KY 40507 or as an
attachment emailed to marycarr@fcba.com. Articles                          President-Elect                         Auditor
should not exceed 6 typewritten double-spaced pages.                      Cassidy Rosenthal                     Edwin H. Clark
For complete set of submission guidelines visit                            Stites & Harbison                 Clark Law Office, Inc.
www.fcba.com or contact the FCBA office at                                   Treasurer                   Immediate Past-President
(859) 225-9897.                                                         Palmer Gene Vance II                 Erin McMahon
                                                                      Stoll Keenon Ogden, PLLC          Wyatt, Tarrant & Combs, LLP

Submission Deadlines:
Sept/Oct 2011 issue: AUG 29, dist mid-Sept.                                            Board of Directors
Nov/Dec 2011 issue: OCT 24, dist mid-Nov.                                Elizabeth Feamster                      Kif Skidmore
                                                                      Fowler, Measle & Bell, PLLC           Savage, Elliott, Houlihan,
Jan/Feb 2012 issue: DEC 26, dist mid-Jan.                                                                     Mullins & Skidmore
                                                                         Linda M. Hopgood
                                                                            Attorney at Law                 Richard H. Underwood
                                                                                                             UK College of Law,
Disclaimer of Liability                                                      Sheila Isaac               Spears-Gilbert Professor of Law
Statements or expressions of opinions in the Bar News are those           Senior Status Judge,
                                                                      Fayette County Circuit Court              Carolyn Zerga
of the authors and not necessarily those of the Bar or editors. Due                                      LFUCG, Department of Law
to the rapidly changing nature of the law, information contained              Lucy Pett
in this publication may become outdated. As a result, lawyers         Stoll Keenon Ogden, PLLC        Clark P. Case, Young Lawyer’s Rep
                                                                                                                Case Law Group
using this material must research original sources of authority.         William F. Rigsby
In no event will the authors, the editors, the reviewers or the           Rigsby Law Group             David T. Enlow, Senior Advisor
publisher be liable for any damages resulting from the use of this                                           Enlow & Enlow, PLLC
material. The publication of any articles or advertisements is not
to be construed as an endorsement of the product or service
offered unless the ad specifically states that there is such an
endorsement or approval.

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Fayette County Bar Association                                                   Central Kentucky Lawyer
219 N. Upper Street
Lexington, KY 40507
                                                                                     Referral Service
225-9897 225-9898 Fax                                                          and we’ll send referrals to you!
info@fcba.com                                                                    Contact Dana at 225-9897 or
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FCBA Staff
Mary Carr, Executive Director
Dana Thomas, CKLRS Program Coordinator
Danielle McIntyre, Membership Coordinator

                     July/Aug 2011            2
                                                                         President’s Message
                                                                         Christopher W. Goode

                 Many of our members are familiar           Many of us and our firms are running tight budgets
                 with the recent budget woes of the         these days and that certainly is reflected in the down
                 FCBA Pro Bono Program. This                turn in donations to the program. But as I was renew-
                 program was created by the FCBA            ing my KBA membership this past week, I was re-
                 over 25 years ago to provide civil         minded of Supreme Court Rule 3.130(6.1)
                 legal services to low-income resi-
                                                                   SCR 3.130(6.1) Donated legal services
                 dents of Fayette County.
  Christopher                                                      A lawyer is encouraged to voluntarily
  W. Goode         Three years ago, the program, like              render public interest legal service. A
                   many across the state, lost its annual          lawyer is encouraged to accept and ful-
                   grant from IOLTA resulting in a                 fill this responsibility to the public by
$35,000 annual loss. It has also seen reductions in                rendering a minimum of fifty (50)
federal and state funding and regretfully a decreasing             hours of service per calendar year by
level of financial support from our members and firms.             providing professional services at no
These losses represent nearly 50% of the program’s                 fee or a reduced fee to persons of limited
annual budget.                                                     means, and/or by financial support for
In addition to funding problems, the program is in                 organizations that provide legal service
jeopardy of losing its office space which is owned                 to persons of limited means. Donated
and managed by the LFUCG.                                          legal services may be reported on the
                                                                   annual dues statement furnished by the
In order to keep the lights on, the Board of Directors             Kentucky Bar Association. Lawyers
has made some difficult decisions lately include                   rendering a minimum of fifty (50)
eliminating the sole paralegal position and refocusing             hours of donated legal services shall
the program’s mission. The emphasis of the program                 receive a recognition award for such
will now be on pro se divorce clinics operated                     service from the Kentucky Bar Asso-
through the Family Court and the administration of                 ciation.
two other projects: the Domestic Violence Advocacy
Program (DVAP), a partnership with Legal Aid of             While volunteering with the Pro Bono Program is
the Bluegrass and the Fayette County Bar; and the           certainly not the only outlet for providing pro bono
JAG Program which administers a grant through the           legal services in our community, it is clearly a program
Bluegrass Domestic Violence Program to represent            in need.
victims of domestic violence in child custody proceed-      I encourage you to contact Tammie Haddix
ings. The program will no longer be able to provide         (thaddix@lablaw.org) if you are able and willing to
direct case management services for its volunteer           contribute in any way to help save this longstanding
attorneys.                                                  program.

                                                                             July/Aug 2011      3
            Thursday, S ept. 2 2 — Sund ay, Sept. 2 5

ONE NATION,                                                      Visit Vendor
                                                                                 CONFERENCE HIGHLIGHTS

                                                                                 Thursday, September 22, 2011

                                                                                 11:00 a.m. – 1:00 p.m.
                                                                throughout the
                                                                                   Lawyers’ Scholarship Luncheon
                                                                                 7:15 – 8:00 p.m.
                                                                    at the
                                                                                   Welcome Reception
                                                                 Ramada Inn
HELPING THE LEAST,                                              (N. Broadway/    Friday, September 23, 2011
                                                                  Paris Pike)    10:00 – 11:30 a.m.
THE LAST & THE LOST                                                                Workshop: Essential Elements of
                                                                                   Effective Branch Administration
                                                                                 12:00 – 1:30 p.m.
                                                                                   Social Justice Luncheon
                                                                                 1:45 – 3:00 p.m. & 3:15 – 4:30 p.m.
            2 01 1 L AW Y E R S ’ S T U D E N T                                    Workshops (Concurrent):
            SCHOLARSHIP LUNCHEON                                                   Civil Rights and Justice
                                                                                   Equality Opportunities for Economic
                                                                                   Development and Procurement
              Hosted by Lexington-Fayette County Branch NAACP                      Labor Movement/Community
    In Partnership with the John W. Rowe Chapter, National Bar Association       5:30 – 6:45 p.m.
                     and Fayette County Bar Association                            Soul Food Dinner
                                                                                 7:00 – 9:30 p.m.
         Please join us to honor the Law Students and                              Gospel Extravaganza
   Professionals who have made exceptional contributions
                                                                                 Saturday, September 24, 2011
   to the empowerment of underrepresented communities,
              social justice and equality for ALL.                               9:00 – 10:00 a.m.
                                                                                   Workshop: Political Action
          Speaker, Hon. Kim Keenan, General Counsel for the NAACP                10:15 – 11:45 a.m.
      Mistress of Ceremonies, Hon. Teresa Isaac, Former Lexington Mayor            Workshop: Educational Empowerment:
                                                                                   Student Success
                                                                                 12:00 – 1:30 p.m.
                   Thursday, September 22, 2011
                                                                                   Youth (75th Anniversary) Luncheon
                        11:00 a.m. to 1:00 p.m.
                                                                                 2:00 – 3:25 p.m.
                      Fayette Circuit Courthouse                                   Workshops (Concurrent):
                    1st Floor Multi-Purpose Room                                   African-American Health and Risk
                                                                                   HIV/AIDS ON THE MOVE
                           COST: $35 per person
                                                                                 3:30 – 5:30 p.m.
                    RSVP: By Monday, Sept. 12, 2011
                                                                                   Health (WELLNESS) Screenings
           lexingtonbranchnaacp@yahoo.com or 859-252-7336
                                                                                 7:00 – 9:30 p.m.
          The John Rowe Chapter of the National Bar Association sponsors           Freedom Fund and Award Banquet Gala
          a $500 one-time scholarship award essay. During the luncheon             Kentucky’s Pioneers: Past, Present and
          there will be a reading of this year’s scholarship essays and            Hosted by University of Kentucky
          announcement of the scholarship winner.                                  UK Student Center Ballroom

CONFERENCE REGISTRATION & COSTS: http://www.surveymonkey.com/s/D3PBZZM
FOR MORE INFORMATION CONTACT: JoJuana Leavell-Greene, (859) 224-9626, lexingtonbranchnaacp@yahoo.com
            Around the Virtual Water Cooler
     Assessing, Implementing and Enforcing Company Social Media Policies
           in Light of Recent National Labor Relations Board Trends
                   It is old news that working-aged people    The NLRA protects, among other statutory rights,
                   are increasingly utilizing social media,   ―concerted activities.‖ The right to engage in ―concerted
                   both in and out of the workplace. In       activities‖ includes, in general terms, employees’ rights to
                   fact, a recent Pew Research Institute      act together, with or without a union (at-will employees),
                   study found that 60-69% of Genera-         to improve working terms and conditions, including
                   tion Xers (34-45) and approximately        wages, benefits, and their workplace environment. In
                   one-half of Baby Boomers (46-64)           practice, ―concerted activities‖ may include, for example,
 Ryan Colleen
                   now engage in social networking.           two or more employees meeting with their employer to
                   Late last year, by several accounts,       talk about increasing their pay rate or other benefits, two
                 Facebook even surpassed Google to            or more employees speaking with their supervisor about
become the most popular Internet site.                        an undesirable working condition or situation, or perhaps
                                                              most frequently, two or more employees discussing their
As a result of these trends, social media data has become
                                                              pay or other work-related issues with each other. Tradi-
a notable consideration for employers — as part of the
                                                              tionally, these ―concerted activities‖ occurred within set-
hiring process, as a marketing tool, as a productivity
                                                              tings or via mediums which were obvious to, and often
concern — and increasingly as a material factor in em-
                                                              controlled by, the employer. The employer’s existing
ployment litigation. Some social media considerations
                                                              communications policies and/or general employment
present new opportunities and oversight for employees,
                                                              policies regarding employee communications — around
while others require prudence to avoid unforeseen li-
                                                              the water cooler, in their supervisor’s office, on the
abilities. To deal with these novel considerations, most
                                                              phone, or via company e-mail — thus clearly governed. It
employers have considered, if not implemented, social
                                                              appears, however, that the definition of ―concerted activi-
media-specific employee policies to complement their
                                                              ties‖ is expanding to include social media networks and
pre-existing workplace policies and procedures. It is es-
                                                              applications (Facebook, MySpace, Twitter, etc.), both
sential, however, that such policies are narrowly tailored
                                                              during and outside work hours and locations.
to the individual company’s goals and concerns, as well
as to emerging trends in employment law.                      Three recent NLRB actions, each unique but clearly
                                                              linked to one another, have clarified that social network-
Often such trends become evident from, and may even
                                                              ing communications are on its radar screen, and included
be fed by, initial agency decisions and apparent agency
                                                              in the ―concerted activities‖ it will protect. In fact, such
emphasis. Recently, one such trend has emerged via Na-
                                                              communications appear to be a current agency focus.
tional Labor Relations Board (―NLRB‖) actions. The
NLRB governs unfair labor practices within both union-        In October 2010, the NLRB filed a complaint against a
ized and non-unionized workplaces. Pursuant to the Na-        Connecticut ambulance company, American Medical Re-
tional Labor Relations Act (―NLRA‖), 29 U.S.C. §151           sponse (―AMR‖), after it fired Dawnmarie Souza. Souza
et seq., the NLRB has recently revealed that it has not       was fired approximately one month after she logged onto
overlooked the impact of social media on its mission.         her home computer and posted derogatory comments
                                                              about her boss and her employer on her Facebook page.
                                                              Co-workers thereafter commented favorably on her posts.
                July/Aug 2011       6
Such a firing may appear, without                                                 and signaled a new area of concern for
more analysis, to be both reasonable                                              employers. Previously, the NLRB had
and relatively common. However,                                                   appeared to consistently support em-
the NLRB’s unfair labor practices                                                 ployers’ rights to maintain order in the
complaint alleged that the firing vio-                                            workplace, at least with respect to the
lated Section 8(a)(1)7 of the National                                            Internet and social media. In fact, by
Labor Relations Act. The NLRB ar-                                                 contrast, in late 2009, the NLRB issued
gued that AMR interfered with Ms.                                                 an Advice Memorandum concluding
Souza’s right to engage in ―protected                                             that Sears Holdings’ similar social me-
concerted activity,‖ specifically to       It is very apparent that the NLRB      dia policy did not protect its employ-
                                             intends to address social media
engage in discussions with co-workers                                             ees’ NLRA Section 7 rights. Fortu-
                                              communications as part of the
regarding the condition of her employ-                                            nately for the parties, but unfortunately
                                                NLRA, and to treat them
ment. Though her employer claimed                                                 for further analysis, the parties settled
                                            similarly to old-fashioned water
that she was fired for acts which pre-                                            the matter this February 2011 when
                                           cooler conversations, regardless of
cipitated a number of patient com-              when or where they occur.         AMR agreed to, among other things,
plaints against her, the NLRB main-                                               revise its overly broad rules regarding
tained that not only was she illegally                                            employee internet communications to
fired for posting comments on Facebook, but that AMR’s          make sure that they did not improperly restrict employ-
―blogging and Internet posting policy‖ was overly broad.        ees. Souza’s personal discharge was resolved privately.

Though the NLRB’s Complaint does not represent a fi-           Another social media firing, this time precipitated by
nal decision, it did occur after a period of investigation,    tweets, did not have the same outcome.

                                                                                  July/Aug 2011        7
          Around the Virtual Water Cooler, cont.
A reporter for the Arizona Daily Star was encouraged to       workers had alleged to her that certain other co-workers
tweet to promote the paper and disseminate information        were not doing enough to help their employer’s clients.
to the public through social media applications. The          Her post led to some of her co-workers commenting on
newspaper was still in the process of developing its formal   her post in their own defense. Shortly thereafter, the par-
social media policies. He did as he was instructed, via a     ticipating Facebook users were fired. The NLRB argues
personal account which clearly identified his affiliation     that the employer, Hispanics United of Buffalo, violated
with the newspaper, and which was linked to his Face-         federal law by not allowing employees to engage in
book and MySpace accounts to affect his tweets to be          ―concerted activities,‖ specifically discussing their jobs
posted on those sites as well. After several of his tweets    and working conditions with one another on Facebook.
painted his city (Tucson), the newspaper, and a local         In its defense, the employer responded that the employees
television station in a negative light, he was warned         were, instead, discharged for harassing the co-worker
about the nature of his tweets, told not to tweet about       who made the initial allegation. At the time this article
anything work-related, and advised to use another, less       was written, arguments were set to be heard by an Ad-
public, avenue to air his grievances. A week later, the       ministrative Law Judge.
newspaper terminated his employment, citing its lack of
                                                              Though the outcome of this latest case is yet unknown,
confidence that he could conform to its ―expectation of
                                                              and the impact of the two prior cases somewhat unclear,
professional courtesy and mutual respect.‖ The NLRB
                                                              it is very apparent that the NLRB intends to address so-
noted the employer’s discipline — restricting all work-
                                                              cial media communications as part of the NLRA, and to
related tweets — was overly broad and warned that if
                                                              treat them similarly to old-fashioned water cooler con-
similar restrictions were proclaimed as new employee
                                                              versations, regardless of when or where they occur. Fur-
rules, such polices would likely violate the NRLA’s pro-
                                                              ther, some state statues (perhaps including statutes in
tections on ―concerted activities.‖ However, the NLRB
                                                              California, New York, North Dakota, and Colorado,
ultimately issued an Advice Memorandum finding the
                                                              which prohibit adverse employment actions based on
firing was lawful, because his tweets ―did not relate to
                                                              lawful activities off the premises during nonworking
the terms and conditions of his employment or seek to
                                                              hours) may protect workers who engage in such social
involve other employees in issues related to employ-
                                                              media communications.
ment,‖ and because he had been given the opportunity
to address his working conditions through other chan-         As such, it is important for companies to avoid thought-
nels and processes.                                           lessly implementing overly broad or generic social media
                                                              policies, and to narrowly tailor such polices in light of
Indicating that the Arizona Daily Star dismissal was
                                                              the National Labor Relations Act, applicable state statutes,
very fact specific, just last month the NLRB issued an
                                                              and their company goals and peculiarities. It is also im-
unfair labor practices complaint against Hispanics
                                                              portant to think twice before firing an employee based
United of Buffalo, alleging that the non-profit illegally
                                                              upon undesirable social media communications, and to
fired five employees for criticizing working conditions
                                                              seek counsel when appropriate.
on Facebook. This complaint addresses multiple firings
which resulted from what can only be described as a vir-      Ryan Colleen Daugherty is an associate and member of the
tual water cooler discussion among co-workers, albeit         McBrayer, McGinnis, Leslie & Kirkland, PLLC Litigation
this time in a quasi-public forum within view of an un-       group. She focuses on employment, real estate and other com-
known number of non-employees. In sum, one em-                mercial litigation, as well as other estate administration and
ployee posted to her Facebook wall that one of her co-        family law matters. Ms. Daugherty is a member of the firm’s
                                                              Louisville office and can be reached at rdaugherty@mmlk.com.

                July/Aug 2011        8
                                                                          Names in the News

L. Reed Lorch has joined the Becker Law Office as an          Law in New York in 2008 and his Bachelor of Science in
Associate Attorney in the Lexington office. His past ex-      Mathematical Economics from the University of Ken-
perience inside an insurance company provides valuable        tucky, where he graduated summa cum laude, in 2004.
perspective on all areas of personal injury law. Mr.
Lorch earned his undergraduate degree at the University       James H. Frazier, III, Managing Partner of McBrayer,
of Kentucky and his law degree from Northern Kentucky         McGinnis, Leslie & Kirkland, PLLC, has been elected
University Chase School of Law.                               as Chairman of The Lexington & Fayette County Parking
                                                              Authority Board of Commissioners. Additionally, he
DelCotto Law Group PLLC is pleased to announce the            was recently appointed by Vice Mayor Linda Gorton to
hiring of J. Wesley Harned, Esq. as an associate attorney     the Redistricting Committee which will examine the
in its debt restructuring firm. Mr. Harned received his       2010 United States Census numbers for Fayette County
J.D. from the University of Kentucky College of Law in        and recommend new Council District boundary lines
2009. He holds an MBA from the UK Gatton School of            based on the new population.
Business and a Bachelor’s degree from the University of
Kentucky in Business Administration. He is the current        McBrayer, McGinnis, Leslie & Kirkland, PLLC
chair of the Law Student Outreach Committee for the           would like to announce that Governor Steve Beshear
KBA Young Lawyers Section.                                    has reappointed Luke Morgan, Associate in the Lexington
                                                              office, to the Kentucky Law Enforcement Council to
Littler Mendelson, P.S.C., the nation’s largest employ-       serve for terms expiring July 1, 2015. Mr. Morgan repre-
ment and labor law firm representing management, has          sents the Kentucky Bar Association.
added Christi R. Lee as an associate to the firm. Ms. Lee
joins Littler’s expanding Kentucky office, located in Lex-    Christy Lewis, of Dinsmore & Shohl, has been selected
ington, and servicing businesses throughout the state.        for the 2011-12 class of Leadership Lexington. The 10-
Prior to joining Littler, she practiced with Jackson Kelly    month program enables participants to meet local and
PLLC, where she focused on civil litigation defense, as       state leaders, gain an increased understanding of com-
well as employment law. Ms. Lee also served as law clerk      munity dynamics and public issues and build working
to the Honorable Karen K. Caldwell, United States Dis-        relationships with fellow class members. Ms. Lewis also
trict Judge, Eastern District of Kentucky. She received       was recently selected to serve a two-year term as Chair
her J.D. from the University of Kentucky College of Law       of the University of Kentucky Law Alumni Association
                                                              Board of Directors and a four-year term on the UK Col-
and B.A. from the University of Kentucky.
                                                              lege of Law Visiting Committee. Ms. Lewis is a member
Stites & Harbison is pleased to announce that attorney        of the firm's Litigation Department and focuses her
Joseph M. Ruschell has joined the firm’s Lexington of-        practice on products liability law. Prior to joining the
fice. Mr. Ruschell joins the firm as a transactional attor-   firm, she served as Legal Counsel for the Kentucky De-
ney focusing on corporate finance, mergers and acquisi-       partment of Financial Institutions. Lewis earned her
tions and general corporate law. Prior to joining Stites &    J.D. from the University of Kentucky College of Law
Harbison, Mr. Ruschell practiced law with Wachtell, Lip-      and her B.A. from the University of Louisville.
ton, Rosen & Katz in New York where he worked with
                                                              Stoll Keenon Ogden PLLC is pleased to announce that
public companies, financial institutions and private eq-
                                                              attorney Carl Frazier was selected to participate in the
uity clients. While there, he represented a client in its
$3.1 billion acquisition of independent and assisted living   2012 Leadership Lexington class. Mr. Frazier joined the
communities and another client in its $1.4 billion acquisi-   firm in 2007 and is an Associate in the firm’s Lexington
tion of a portfolio company from a private equity seller.     office. He is a member of the firm’s Tort, Trial and In-
                                                              surance Services Practice Group. Involved in the com-
He also represented borrowers in public securities offer-
ings and private placement of senior notes, as well as un-    munity, Mr. Frazier serves on the Transylvania Univer-
derwriters in public securities offerings. Mr. Ruschell       sity Alumni Executive Board, as the Vice President of
earned his J.D. from the Columbia University School of        the Lexington Opera Society and as the Vice-Chair of
                                                              the Kentucky Bar Association Young Lawyers Section.
                 July/Aug 2011       10
                                                                          Names in the News

DelCotto Law Group PLLC is pleased to announce that           tion and Dispute Resolution Practice Group. His prac-
Amelia Martin Adams has been accepted into the 2011-          tice includes environmental, agribusiness, toxic tort,
12 class of Leadership Lexington, a leadership develop-       anti-trust and construction matters, as well as all types
ment program sponsored by Commerce Lexington, Inc.            of business disputes. He also counsels clients on envi-
The program gives participants the opportunity to better      ronmental permitting and enforcement matters. He re-
understand the Lexington community and to prepare for         ceived his bachelor’s degree from Clemson University
the challenges it faces by meeting with and learning          and his law degree from Northern Kentucky University,
from today’s leaders.                                         Salmon P. Chase College of Law.

DelCotto Law Group PLLC is pleased to announce                Greenebaum Doll & McDonald PLLC is also pleased to
that Amelia Martin Adams has been awarded the Betty           announce that Jennifer J. Cave, a Member in the firm’s
Hoopes Volunteer Service Award from the Bluegrass             Lexington office, has been elected Chair of the Environ-
Trust for Historic Preservation. This award is presented      ment, Energy and Resources Law Section of the Ken-
annually to a volunteer from the trust’s Antique and          tucky Bar Association for a one-year term, effective im-
Garden Show committee. Amelia served as the show’s            mediately. Ms. Cave concentrates her practice on all ar-
Preview Party Chair and as the Catering Liaison for the       eas of environmental and natural resources law, includ-
2011 year. The Antique and Garden Show is the biggest         ing advising and counseling clients on regulatory require-
fundraiser of the year for the Bluegrass Trust, a non-        ments, permitting, transactional issues, and enforcement
profit advocacy group that works to protect, maintain,        matters. She received her bachelor’s degree, cum laude,
enhance and promote historic buildings and locations in       from the University of Kentucky and her law degree,
Lexington and the surrounding areas.                          magna cum laude, from Seattle University School of Law.

Douglas L. McSwain, partner with Sturgill, Turner,
Barker & Moloney, PLLC and co-chair of the Kentucky
Lawyer Chapter Steering Committee of the American
Constitution Society for Law and Policy, accepted the
National Networking Award on behalf of the chapter at
ACS’s 10th Annual National Convention in Washing-
ton D.C. on June 17. This year’s Networking Award
was presented to the local ACS lawyer chapter with the
largest percentage increase in membership for the 2010-
11 period. Mr. McSwain serves as co-chair of the Ken-
tucky ACS Chapter alongside David Tachau of Tachau
Meek PLC in Louisville. The ACS Kentucky Lawyer &
Student Chapters have co-sponsored a number of public
programs and debates concerning constitutional law and
policy issues such as fairness in judicial elections, sepa-
ration of church and state, health care reform, campaign
finance and dismissal procedures in federal courts.

Greenebaum Doll & McDonald PLLC is pleased to
announce that David A. Owen, Deputy Chairman of
the firm’s Lexington office, has been re-elected to the
Board of Directors of Omega Protein Corporation
(NYSE: OME), a Houston, Texas based nutritional in-
gredient company. Mr. Owen also serves on Omega
Protein’s Corporate Governance and Nominating Com-
mittee. Mr. Owen is a member of Greenebaum’s Litiga-
                                                                          Names in the News

Greenebaum Doll & McDonald PLLC is pleased to                 orous evaluation process that included clients, highly
announce that the firm has donated over 325 computers         skilled lawyers and law firm representatives.
and related equipment, an estimated value of $91,900,
to Hanover College. Gently used desktop and laptop            Stoll Keenon Ogden PLLC has been selected by Corpo-
computers, along with docking stations, mice and key-         rate INTL Magazine as the 2011 Environmental Law
boards were donated to Hanover after the firm recently        Firm of the Year in Kentucky. In the area of environ-
upgraded its computer equipment. This donation will           mental law, SKO attorneys consult about compliance
replace or supplement Hanover’s current computer in-          with environmental laws and regulations, assist with the
ventory and allows the College to expand computer ac-         permitting process and litigate in state and federal courts,
cessibility for students, faculty and staff. In turn, Hano-   administrative tribunals and arbitration proceedings.
ver will donate surplus equipment to charitable organi-       They also focus on cases involving asset and entity acqui-
zations in need such as Girls Inc. of Jefferson County,       sitions, financing, and the negotiation of sales and supply
Indiana; Goodwill BridgePoint Services Inc.; and Path-        contracts and service agreements; and assist clients with
ways Youth Shelter & Family Services. Phillip D.              government relations, rulemaking proceedings, adminis-
Scott, Chairman of Greenebaum Doll & McDonald, is             trative litigation and regulatory agency interaction.
a 1964 graduate of Hanover and currently serves as            Sturgill, Turner, Barker & Moloney, PLLC is pleased
Chairman of their Board of Trustees.                          to announce that six of its members have been included
Washington, D.C. attorneys Donald Santarelli and              in the 2011 publication of Kentucky Super Lawyers.
                                                              The attorneys and their respective areas of practice are:
Marshall Berman join Dinsmore & Shohl LLP in un-
veiling the firm's newest office. Santarelli and Berman       Stephen L. Barker – Schools & Education, Employ-
have joined with Dinsmore's 450 attorneys to establish        ment Litigation: Defense; Kevin G. Henry – Business
the firm's presence in the nation's capital. Joining San-
tarelli and Berman in Washington, D.C. are Dinsmore
attorneys Joseph Terry (Lexington), Ben Wells
(Cincinnati), William Sherman (Cincinnati) and Robert
Beatty, Jr. (Morgantown). Located in the heart of
Washington, D.C., Dinsmore's new office in the Federal
Triangle, at 801 Pennsylvania Avenue N.W. represents
the next step in the firm's client-centered growth. Joseph
Terry will now split his time between the firm's Lexing-
ton and Washington, D.C. offices. He assumes the re-
sponsibility as Managing Partner of the firm's Washing-
ton, D.C. office. Mr. Terry served as the Managing Part-
ner of the Lexington office for 13 years (1997-2010) and
helped grow the office from seven attorneys to nearly
40. His practice is principally devoted to business plan-
ning and corporate law with an emphasis on corporate
governance, mergers and acquisitions, and federal and
state securities law.

McBrayer, McGinnis, Leslie & Kirkland, PLLC has
received a first-tier ranking in the 2011-2012 U.S. News-
Best Lawyers ―Best Law Firms‖ in the area of adminis-
trative/regulatory law. The rankings are based on a rig-

                 July/Aug 2011        12
                                                                          Names in the News

Litigation, Professional Liability: Defense, Employment      Wyatt, Tarrant & Combs, LLP is pleased to announce
Litigation: Defense; Ernest H. Jones – Civil Litigation      that 34 of its attorneys have been recognized by their
Defense, Insurance Coverage, Personal Injury Defense:        peers for inclusion on the 2011 Kentucky Super Lawyers
General; Douglas L. McSwain – Civil Rights/First             list. Attorneys from the Lexington office are: John P.
Amendment, Employment & Labor, Health Care; Don-             Brice, II – Real Estate; Robert J. Brown – Bankruptcy
ald P. Moloney, II – Personal Injury Defense: Medical        & Creditor/Debtor Rights; Christopher R. Cashen –
Malpractice, Personal Injury Defense: General, Alterna-      Personal Injury Defense: Products; Debra H. Dawahare
tive Dispute Resolution; Phillip M. Moloney – Personal       – Employment & Labor; George J. Miller – Employ-
Injury Plaintiff: General, Construction Litigation, Busi-    ment & Labor; and Jeff A. Woods – Energy & Natural
ness/Corporate.                                              Resources.

Super Lawyers has named a total of 35 Stites & Harbison
                                                             Greenebaum Doll & McDonald PLLC is pleased to
attorneys in the Frankfort, Lexington and Louisville,        announce that 34 of the firm’s Kentucky-based attorneys
Ky., offices for inclusion on the Kentucky Super Lawyers     are included in the 2011 Kentucky Super Lawyers list. At-
list. Attorneys from the Lexington office are: Robert M.     torneys from the Lexington office are: Wendy Bryant
Beck, Jr., Daniel E. Danford, John M. Famularo,              Becker, Employment Litigation: Defense; Carolyn M.
Anne E. Gorham, Buckner Hinkle, Jr., J. Clarke               Brown, Environmental; Anne A. Chesnut, Civil Litiga-
Keller, Thomas E. Meng, Gregory P. Parsons, J.               tion Defense; Bruce E. Cryder, Energy & Natural Re-
David Porter, Bruce M. Reynolds, Kenneth R. Sagan,           sources; D. Craig Dance, Personal Injury Defense:
and Ashley W. Ward.                                          Products; David A. Owen, Business Litigation; Henry
                                                             C.T. (Tip) Richmond III, Estate Planning & Probate;
                                                             Gregory R. Schaaf, Bankruptcy & Creditor/Debtor
                                                             Rights; Phillip D. Scott, Administrative Law; Jennifer
           CENTRAL KENTUCKY                                  S. Smart, Tax; and Job D. Turner III, Business/
         PARALEGAL SERVICES, LLC                             Corporate.

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                                                      Calendar of Events


5    Labor Day

13   Summer Picnic
     5:30- 8 p.m.
                                                        Hold the Date!
21   Domestic Relations CLE
     11:30 a.m. – 1:00 p.m.
                                                     Thursday, October 27
     Fayette Circuit Courthouse

                                                  Women Lawyers’ Association
22   2011 Lawyers’ Student Scholarship Luncheon
     11:00 a.m. – 1:00 p.m.                         20th Anniversary Dinner
     Fayette Circuit Courthouse

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