Cleveland attorney who called paralegal a ‘Ho’ and other names has been suspended

​COLUMBUS, Ohio — Cleveland attorney Howard E. Skolnick’s law license was suspended Wednesday by the Ohio Supreme Court after he was heard berating his paralegal on audio recordings.

Skolnick called the paralegal a “ho,” “dirtbag,” “stupid” and other names, made sexual comments and made fun of her husband and mother from 2011 to 2013, according to court documents. The paralegal recorded Skolnick’s comments on more than 30 occasions.

In his defense, Skolnick said he had learned the slang from rappers and hip-hop artists while working in entertainment law and he thought he was being funny, not harmful. Skolnick also said he had been diagnosed with cyclothymic disorder and showed signs of obsessive-compulsive personality disorder, but the court did not find those were related to his behavior.

The paralegal reported suffering from anxiety, sleep disturbances, depression, and poor body image as a result of the harassment and tried for more than two years to find a new job, according to Wednesday’s opinion. She left the job in January 2014 and accused Skolnick of sexual harassment, discrimination and creating a hostile work environment.

Skolnick did not deny the claims and settled with her for $300,000. He told the court he has since hired a human resources manager to examine the firm’s sexual harassment policies and dialed back his oversight of the office.

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Law: Houston In-House Lawyer Jumps to Foley Gardere

​Neal Bakare, who worked in-house at Macquarie Bank in Houston for seven years, joined Foley Gardere to do finance and energy work.

Finance lawyer Neal Bakare, who has worked in-house at Macquarie Bank Ltd for seven years, has returned to private practice, joining Foley Gardere in Houston.

He joined the firm as counsel in the finance practice group and is also part of the energy industry team. Bakare, who was senior vice president of legal risk management at Australia-based Macquarie Bank and was an associate with Vinson & Elkins before that, has done work for investment banks, private equity funds, limited partnerships, public and private companies, hedge providers, and oil and gas companies.

Michael Rogers, managing partner of Foley Gardere’s Houston office, said in a statement that Bakare’s experience representing clients in the finance and energy industries is a good fit for the office because of the volume of activity in the energy and financial sectors in Texas.

“Neal’s experience as an in-house attorney, paired with his knowledge of the Houston market and beyond, will provide tremendous value to our clients locally and nationally,” Rogers said.

Bakare said he realized while working in-house that he missed a lot about private practice, including the support resources a big firm provides lawyers and the opportunity to make money. But, mostly, he missed the client interaction.

“I like people. I like catching up with them. I like trying to figure out how to help them, what their needs are … I like having coffee with people, having lunches, texting, emailing,” Bakare said.

In early May, he decided to look for a position at a firm in Houston, where the lateral hiring market has seen a lot of activity. By late May, he had accepted the offer from Foley Gardere. He started work there this month.

Foley Gardere was created in April when Dallas-based Gardere Wynne Sewell merged with Foley & Lardner of Milwaukee. It is known as Foley Gardere in Texas and Denver, as Foley Gardere Arena in Mexico City, and Foley & Lardner elsewhere.

Bakare knew lawyers on both side of that merger. He said that while he was at Macquarie Bank  he hired Foley & Lardner lawyers for a transaction and was “blown away by their speed and acumen and their cost-effectiveness.” He also was impressed with a team of Gardere Wynne lawyers he met when they worked on the opposite sides of a transaction.

“When I saw the Foley-Gardere merger, a matching of two skill sets, I wanted to come here. My goal is to build a book of business here,” he said.

Macquarie Bank declined to comment on Bakare’s departure.

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Know The Difference Between Vaccines, Vaccinations and Immunizations

​Understanding the difference between vaccines, vaccinations, and immunizations can be tricky. Below is an easy guide that explains how these terms are used:

• A vaccine is a product that produces immunity from a disease and can be administered through needle injections, by mouth, or by aerosol.
• A vaccination is the injection of a killed or weakened organism that produces immunity in the body against that organism.
• An immunization is the process by which a person or animal becomes protected from a disease. Vaccines cause immunization, and there are also some diseases that cause immunization after an individual recovers from the disease.

VACCINES ARE SAFE.

• Learn more about the benefits and risks of immunization including how vaccines are monitored for safety, answers to common questions, what is in vaccines, and who should be vaccinated.

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VACCINES ARE EFFECTIVE.

• Vaccines help prevent many serious diseases. Learn more about how vaccines work and the extensive testing process they undergo to ensure they are effective and safe.

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VACCINES WORK WITH YOUR IMMUNE SYSTEM TO PREVENT DISEASE.

• Thanks to vaccines, many diseases have been nearly eliminated. Read this section to learn more vaccines and your immune system.

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VACCINES PROTECT INDIVIDUALS AND THE COMMUNITY.

• Vaccines save lives by preventing outbreaks of disease and protecting those who cannot be vaccinated. Read this section to learn about the community benefits of vaccines.

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Top 100 Law Firms from 2017

​The Vault’s Law 100 Rankings for 2017 are here, and there’s a new king of law firm prestige. Cravath, Swaine & Moore tops the list at No. 1, ending the thirteen-year reign of Wachtell, Lipton, Rosen & Katz. It’s actually a return to the top for Cravath—it is the only firm other than Wachtell to ever be ranked No. 1, and held the top spot in Vault’s rankings until Wachtell knocked them down a rung in 2004.

The Vault Law 100 ranking is based on scores from more than 18,000 law firm associates surveyed earlier this year, who were asked to rate law firms on a scale of 1 to 10 based on prestige. Survey respondents were not allowed to rate their own firms and were asked to only rate firms with which they were familiar.

The Top 10 firms based on Vault’s Annual Law Firm Associate Survey are:

1. Cravath, Swaine & Moore
2. Wachtell, Lipton, Rosen & Katz
3. Skadden, Arps, Slate, Meagher & Flom
4. Sullivan & Cromwell
5. Davis Polk & Wardwell
6. Simpson Thacher & Bartlett
7. Latham & Watkins
8. Kirkland & Ellis
9. Cleary Gottlieb Steen & Hamilton
10. Gibson Dunn & Crutcher

Cravath, described by survey respondents as the “gold standard” and the “best of the best,” barely edged out the “king of M&A” Wachtell by just .057 points, 8.961 to 8.904.

“Cravath has been nipping at Wachtell’s heels for the top spot for the last few years,” said Matt Moody, Vault’s Senior Law Editor. “Perhaps the recent slowdown in deal work is what pushed Cravath over the top. Although they are both very well regarded in M&A and litigation work, Cravath, which is roughly twice the size of Wachtell, has a slightly broader array of highly-ranked practice areas.”

Along with the big change at the top, there were some shakeups at the tail end of the top 10.  Latham & Watkins ascended from its four-year plateau at No. 10, climbing three spots to No. 7, and Gibson Dunn moved into the top 10 for the first time, sliding up one spot to finish at No. 10. Kirkland & Ellis and Cleary Gottlieb Steen & Hamilton each dropped a spot to numbers 8 and 9, respectively, and Weil Gotshal & Manges ranked just outside the top 10 this year, coming in at number 11.

Gibson Dunn Breaks Through and Latham Returns to Pre-Recession High

Long a denizen of the Top 20, Gibson Dunn has broken into the Top 10, after a steady climb over the past decade.  The firm that’s “great at everything” and full of “rising stars” did no better than 17^th until the mid-2000s.  But since 2006, Gibson Dunn has been inching ever upward, finally edging out Weil by just .049 points for the 10^th spot. Meanwhile, Latham & Watkins has completed its own climb this year, matching the firm’s all-time high ranking that it had not seen since before the last recession. Long one of the most prestigious firms in the world, Latham dipped in the Vault rankings—all the way down to No. 17—following much publicized layoffs in 2009.  But the firm has slowly regained its lost prestige and this year made the largest jump in the top 10, moving up three spots to reclaim its No. 7 spot after ranking 10^th each of the last four years.  Survey respondents call Latham a “recent leader,” noting that it will be “interesting to see if they can keep it up.”

Dentons’ Meteoric Rise

Dentons, now the world’s largest law firm by number of lawyers thanks to a flurry of mergers in recent years, is quickly moving up in prestige as well.  The “innovative” and “sophisticated” firm makes the biggest upward move in 2017, jumping 12 spots to number 68. This giant leap comes on the heels of the firm’s nine-spot improvement last year, resulting in a 21-rung climb in just two years. With the latest move, Dentons approaches a prestige level once held by legacy Chicago firm Sonnenschein Nath & Rosenthal prior to its 2010 merger with the UK’s Denton Wilde Sapte.

Five New Firms in the Top 100

New to the Top 100 this year are a trio of highly regarded litigation boutiques—Susman Godfrey (No. 53); Keker & Van Nest (No. 90); and Kellogg, Huber, Hansen, Todd, Evans & Figel (No. 97)—along with Philadelphia-based Fox Rothschild (No. 94) and Labor and Employment leader Littler Mendelson (No. 96). The addition of five new firms into the Top 100 means five firms—Dorsey & Whitney; Kilpatrick Townsend & Stockton; Finnegan, Henderson, Farabow, Garrett & Dunner; Manatt, Phelps & Phillips; and Troutman Sanders—dropped from the ranking this year.

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Do College Students Need the Campus Health Plan?

​If you’re packing a child off to college this summer, the extra-long sheets and shower caddies can wait. Health insurance should be at the top of your to-do list.

Many private colleges and public universities require full-time residential students to have health insurance, and some aggressively market their own plans, automatically enrolling incoming students in their insurance plan and adding the premium — which can be several thousand dollars a year — to the tuition bill. If you don’t need it and want to get the charge removed, you must meet the college’s early and often rather arbitrary deadline for proving your child is adequately insured and obtaining a waiver. (This is not a one-and-done, by the way. You must obtain the waiver every year.) Policies vary by school. Some, like the University of Michigan, make health insurance mandatory for foreign students but not for domestic students.

If you’re lucky enough to have an employer-provided family health plan, most experts recommend keeping your child on it. Dependents can be covered on a family plan until age 26 under the Affordable Care Act, or Obamacare; it’s one of the few components of the A.C.A. that has strong bipartisan support. But no matter how your kids are insured, you’ll need to do some fact-finding to make sure they can get access to health care services in their college town and figure out how much it might end up costing you.

When we packed our oldest daughter off to college, we obtained the waiver but worried. Our family’s employer-provided health plan was excellent, but the university — which was promoting its student health insurance plan — warned us that the health center on campus did not participate in any insurance networks other than the university’s own plan. As a health writer, I knew that meant we could be stuck with some pretty steep bills.

We briefly considered switching to a different plan with a larger network of doctors in the college town — and finally started making phone calls and asking questions. What we found out was that it didn’t really matter what insurance our child had: Full-time students could go to the university health center for primary care services for a $10 co-payment, just by virtue of being students. (The service was covered by a mandatory student activity fee.)

Every university can craft its own policies, but many colleges and universities have clinics that provide primary care services to students, often at nominal prices or even free, according to College Parents of America, a group that promotes completing college, and American College Health Association, a nonprofit association of college health professionals. The clinics often provide student basics like contraception and mental health counseling. But you still need comprehensive insurance for big-ticket items like hospital stays, surgery or more serious illnesses.

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Vaccines for People with Health Conditions

​If you have a long-term health condition — like diabetes, heart disease, or lung disease — it’s very important to get the right vaccines.

Some health conditions can make it harder for you to fight off vaccine-preventable diseases like pneumococcal disease or the flu. They can also make it more likely that you’ll have serious complications from those diseases.

On this page, you'll find answers to common questions about vaccines for people with health conditions.

Which vaccines are recommended for people with health conditions?

Check this easy-to-read vaccine schedule (PDF - 138KB) from the Centers for Disease Control and Prevention (CDC) to find out which vaccines are right for you — including the ones you may need to avoid.

And talk with your doctor about vaccines you may need if you have any of the following health conditions:

• Asplenia (not having a spleen)
• Diabetes (type 1 and type 2)
• Heart disease, stroke, or other cardiovascular disease
• HIV
• Liver disease
• Lung disease, including asthma
• Renal disease (kidney disease)
• Weakened immune system (like from cancer)

Are there any vaccines I should not get?

Some adults with specific health conditions should not get certain vaccines or should wait to get them. 

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PERSONAL INJURY: Effect of Injured Party's Immigration Status

​In a case of first impression, the Indiana Supreme Court has addressed two issues that affect actions arising from injuries to plaintiffs who are in the United States unlawfully. In Escamilla v. Shiel Sexton Co., Inc., 73 N.E.3d 663 (Ind. 2017), an unauthorized immigrant (a Mexican citizen) was injured while working as a masonry laborer at an Indiana job site. 

He sued the general contractor, which argued that his immigration status should bar him from recovering damages for decreased earning capacity. The Escamilla court addressed both that issue and the admissibility of the plaintiff's status. 

As to the first issue, the court ruled that the plaintiff could recover damages for decreased earning capacity. The court relied upon the Open Courts Clause in the state's constitution, which mandates that courts shall be open and that "every person . . . shall have remedy by due course of law." Id. at 665. 

The court reasoned that "[w]e cannot read the Open Courts Clause's 'every person' guarantee to exclude unauthorized immigrants." Id. at 667.

Regarding admissibility of the plaintiff's immigration status, the court first considered whether an injured party's status is relevant. The court found that the plaintiff's immigration status is relevant because it "affects his chances of deportation and ability to work in the United States over the course of his career." Id. at 670. For that reason, "a jury could factor in the probability that his immigration status would lead to deportation or an inability to work, and reduce damages proportionally." Id. 

Next, the court considered whether the probative value of such relevant evidence might be outweighed by the danger of unfair prejudice or confusion of the issues. The court found that evidence of unauthorized immigration status "carries a high risk of confusing the issues and some risk of unfair prejudice." Id.  As to confusion of issues, the court noted that immigration policy is constantly shifting, and plaintiffs may have many opportunities to adjust their immigration status. 

The court also noted the potential for unfair prejudice because immigration status "introduces a factor into the case that might encourage the jury to dislike or disapprove of [a party] independent of the merits" and because "illegal immigration is, for many, a sensitive issue . . . [that] 'can inspire passionate responses that carry a significant danger of interfering with the fact finder's duty to engage in reasoned deliberation.'" Id. at 675. 

Based on a balancing of the probative value of the evidence against its potential for prejudice or confusion of issues, the court held that evidence of an injured party's unlawful immigration status is admissible only when the proponent of the evidence can show that the plaintiff more likely than not will be deported.  Id. at 676.

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Six Lawyers Named to 2018 Best Lawyers in America Listing

​Six Lawyers Named to 2018 Best Lawyers in AmericaListing

Simon, Peragine, Smith & Redfearn is pleased to announce that 6 lawyers have been included in the 2018 Edition of The Best Lawyers in America.  Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.  Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.  Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas.  They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Simon, Peragine, Smith & Redfearn PLLC would like to congratulate the following attorneys named to 2018 The Best Lawyers in America list:

• David F. Bienvenu - Commercial Litigation, Personal Injury Litigation - Defendants, Litigation - Insurance
• Daniel J. Caruso - Litigation - Construction
• Jay H. Kern - Construction Law, Litigation - Construction
• Susan B. Kohn - Personal Injury Litigation - Defendants, Mass Tort Litigation / Class Actions - Defendants
• Denise C. Puente - Construction Law, Litigation - Construction
• H. Bruce Shreves - Mediation, Arbitration, Litigation - Construction

In addition to being named a Best Lawyer in America, Denise Puente and Bruce Shreves have been selected as "Lawyer of the Year" in Construction Law and Arbitration respectively.
Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year," making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

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HOW TO BECOME A NURSE: NURSING PROGRAMS & CAREERS

​It takes a whole team of professionals to tend to the nation’s health care needs, and nurses are the linchpin that keep the health care system running. They provide the bulk of daily care, serve as liaisons between patients and physicians and, in some cases, even fill the role of doctors. 

There are many different types of nurses, however, and their titles indicate what training they have received, what they do and where they do it. This guide is a one-stop resource for readers who want to learn more about different nursing jobs, including their roles, education, earnings, and how in-demand they are in today’s market.

Readers hooked by articles ranking the “best” and “top” jobs are likely already savvy to the idea that health care is one of the fastest-growing and highest-paying industries in the nation, and that nurses are leading the charge. From diploma to doctorate, the nursing field offers rewarding careers for nurses at every education level. Learn more about some of the most popular nursing careers below.

Licensed Practical Nurses

Licensed practical nurses and licensed vocational nurses are entry-level nurses; which title they use is dictated more by geography than job function. LPNs and LVNs provide basic patient care, though specific duties are dictated by each state’s board of nursing. They might feed or bathe patients, monitor patient vitals and check and apply bandages. Some states also permit practical nurses to administer certain medications. Practical nurses must usually complete certificates or associate degrees and the National Council Licensure Exam for Practical Nurses, or NCLEX-PN

Registered Nurses

Registered nurses are the most prevalent nurses in the profession and often serve as a fulcrum of patient care. They work with physicians and communicate with patients and their families. They engage in more sophisticated care than LPNs. Board certification allows RNs to become highly specialized in areas like critical care, oncology, geriatrics, neurology and other key health disciplines. All states require RNs to earn at least an associate degree, but some employers prefer candidates with bachelor’s degrees. RNs must also be licensed to practice, a process that requires that they complete an accredited nursing program and pass the National Council Licensure Exam for Registered Nurses, or NCLEX-RN.

Neonatal Nurses

Neonatal nurses are typically RNs who are certified to care for infants born prematurely or with other health complications. Neonatal nurses may also calm anxious parents, explain conditions and procedures and teach families how to care for their babies upon discharge. Some neonatal nurses offer lactation support to moms visiting and feeding patients in the intensive care nursery. Working with small and sometimes underdeveloped infants and newborns requires specialized skills, training and equipment. Because they are RNs, neonatal nurses must earn at least an associate degree in nursing and pass the NCLEX-RN. Organizations like the American Association of Critical Care Nurses and the National Certification Corporation offer additional RN certifications in neonatal care, pediatrics and critical care.

Nurse Practitioners

As some of the most advanced nursing professionals, nurse practitioners make more decisions when it comes to exams, treatments and next steps. They go beyond the reach of RNs and may work with physicians closely. Some states with large rural populations or shortages in primary care physician have even passed legislation allowing NPs to stand in for physicians in certain situations. Nurse practitioners typically earn a Master of Science in Nursing (MSN) or, increasingly, a Doctor of Nursing Practice (DNP). They also earn additional certifications in specialized disciplines such as critical care, family medicine and pediatrics.

CAREER TRENDS IN NURSING

HOT JOBS IN NURSING

Nursing has long been a hot job, but aging baby boomers, health care reform and medical advances have kicked demand for these professionals into even higher gear. The Bureau of Labor Statistics (BLS) expects employment for registered nurses, licensed practical and vocational nurses and advanced practice nurses, including nurse practitioners and clinical nursing specialists, to significantly outpace the national average in the decade preceding 2022.

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Shell ready to run with new ‘Fitbit for your car’ monitor

​Royal Dutch Shell aims to install Fitbit-type monitors in a million cars this year as part of an expansion of its consumer-facing oil products business.

The Anglo-Dutch group has tested its Fitcar product in about 3,000 vehicles in the United States, offering a transport equivalent to wearable health devices.

The monitor sends data from the car to apps on owners’ phones to alert them to emerging problems with engines, for example. In America, the devices have prompted drivers to visit Shell’s network of more than 2,000 service stations for an oil change or maintenance.

Shell is Europe’s biggest oil and gas company, generating profits of $3.7 billion in the third quarter from a business spanning exploratory drilling to fuel retailing. Ben van Beurden, its chief…

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Court strikes down Baltimore law on pregnancy centers

​RICHMOND, Virginia - A Baltimore law that required an anti-abortion pregnancy counseling center to post disclaimers in its waiting room is unconstitutional, a federal appeals court ruled Friday.
The 4th U.S. Circuit Court of Appeals found that the Baltimore ordinance violates the First Amendment rights of the Greater Baltimore Center for Pregnancy Concerns, a nonprofit Christian organization that counsels women on alternatives to abortion.
The law requires pregnancy counseling centers to post signs saying they do not provide or make referrals for abortions or birth control. The city’s lawyers argued that the law was aimed at reining in what it viewed as deceptive practices and to prevent health risks that can arise from delaying an abortion.
The 4th Circuit upheld a 2016 ruling by a U.S. District Court judge, finding that despite seven years of litigation over the 2009 law, the city has not identified a single example of a woman who walked into the center’s waiting room believing that she could obtain an abortion there.
The court found that the law compelled “a politically and religiously motivated group to convey a message fundamentally at odds with its core belief and mission.”
“This court has in the past struck down attempts to compel speech from abortion providers. And today we do the same with regard to compelling speech from abortion foes. We do so in the belief that earnest advocates on all sides of this issue should not be forced by the state into a corner and required essentially to renounce and forswear what they have come as a matter of deepest conviction to believe,” Judge J. Harvie Wilkinson III wrote for the three-judge panel.
Tom Schetelich, chairman of the board of the center, called the ruling “a victory for the First Amendment and for the women of Baltimore.”
Attorney Suzanne Sangree, a lawyer for the city of Baltimore, did not immediately return calls seeking comment on the ruling.

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Contingent Fee Lawyers Dodge Bullet In Tax Reform

​Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can immediately deduct these costs as business expenses on their taxes. The same for expert witness fees. These seem like business expenses for lawyers. However, the IRS looks at who really bears the impact of these expenses and when, and that often means delayed deductions. On that point, it looked as if contingent fee lawyers in California and the rest of the Ninth Circuit were going to be hurt by the recently passed massive federal tax bill. For years, contingent fee lawyers in the Ninth Circuit had an easier time when it came to tax deductions for client costs. In the huge year-end tax reform bill, Congress was expected to conform the rules in favor of the IRS. But as happens in the sausage-making of tax reform, something happened at the last minute. The provision was not included in the final version of the bill. That means lawyers in the Ninth Circuit still have the benefit of a more favorable tax rule.

Business expenses have to be ordinary and necessary to be tax deductible. But the IRS has always had the view that lawyers cannot deduct these costs if the lawyers effectively might get reimbursed for the costs later, at the conclusion of the case. Under most contingent fee agreements, the client pays nothing (not even costs) unless there is a recovery.  Under some fee agreements, costs are subtracted from the client’s share. In others, costs are taken off the top, before the client and lawyer split the remainder.

In the meantime, someone has to pay the costs up front as they are incurred. Usually, that is the lawyer. When lawyers pay these costs, they want to write them off, but the IRS has battled to prevent these deductions. The IRS general rule is that contingent fee lawyers who pay costs for clients are making loans to the client. You can’t deduct loans. That means paying the costs currently, but not deducting them on your taxes until what could be many years later when the case finally resolves. Only at that point could you write them off.

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