Owba2017 fallnewsletter

OHIO WOMEN’S BAR ASSOCIATION
NETWORK 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 XXVI Issue No. 4 Fall 2017
President’s Message
Critical Conversations & Courageous Leadership:
Spotlight on Deborah Platt Majoras, Chief Legal Officer, Procter & Gamble
By Lisa Kathumbi, Partner, Bricker & Eckler LLP
At the 2017 OWBA/OWBF Annual Meeting & Conference in May, we kicked off this year’s theme,
Critical Conversations & Courageous Leadership. As we continue this focus through programming
and policy initiatives, we are encouraged by partners at all levels of practice who are willing to push
and offer new ideas, and inspired by courageous leaders who share our goal of gender equity and
diversity and inclusion. High among those leaders is Deborah Platt Majoras, Chief Legal Officer at
Procter & Gamble and past recipient of the OWBA Founders’ Award. Majoras recently provided us
with a unique opportunity to learn about her work and Procter & Gamble’s ongoing commitment to
diversity and inclusion.
Kathumbi: What does diversity &
inclusion mean at P&G and to you as
Chief Legal Officer?
Majoras: Our Purpose, Values and
Principles are the foundation of the
Company, and they are a primary
reason that I am here. They also
underlie our global Citizenship
efforts, through which we strive to
be a Company that behaves ethically
and respects human rights, supports
local communities, leads in diversity
& inclusion, advocates for gender
equality, and protects the environment.
At P&G, driving diversity and
inclusion is foundational to how we
work. We aspire to be as diverse as
the people who use our products; the
more we reflect the diversity of our
consumers, the better equipped we are
to understand and serve them.
Openly bringing together
differences in life experiences
generates creativity, profound human
understanding, and multi-dimensional
decision-making, a winning formula
for reaching outstanding results.
Kathumbi: How does your Legal
Department turn its goals into action?
Majoras: To make sure we are doing
the right things, we have created an
Action Plan with goals related to
diversity and inclusion.
First, in our hiring, we use a type of
“Rooney Rule” to ensure that, when
making hiring decisions, we have
a broad, diverse pool of candidates
to choose from. We participate in
national job fairs that we know host
wide candidate pools and leverage
our relationships with law schools
from which we have obtained talented
individuals with a wide range of life
experiences. Each year, we also co-
host a first-year intern from a diverse
or traditionally underrepresented
background.
Then, to ensure that we are
creating and maintaining an inclusive
environment, we have instituted
Inside this issue
New Medical Marijuana Rules....................................4
Preparing Oral Arguments for Beginners.....................6
Judge Mary DeGenaro Seeks Supreme Court Seat .....7
OWBA and OSBA WIP Hosted Private Screening
of Balancing The Scales ..............................................7
When is Speaking to the Media About a Pending
Lawsuit ‘Frivolous Conduct’ Under Ohio Law............. 8
Highlighting Members of the
OWBF Leadership Institute.......................................10
Leadership Institute Class of 2017-18.......................11
Strong Leaders Value Business Etiquette...................12
OWBF Leading the Way Reception...........................13
Sustaining/New Members..........................................14
Government Subcommittee Charity Event................15
An Intimate Conversation with Heather Lennox
and Sherri Dahl..........................................................15
Continued on page 2

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mentoring programs; participated in
leadership training programs, like
“Intentionally Inclusive Leadership”,
and “Men Advocating Real Change
(MARC);” actively participated in
the Company’s affinity networks (e.g.,
women’s, employees of
African Ancestry, etc.), ensuring that
a leader in our organization serves
as a liaison to those groups; publicly
give rewards to employees who role
model inclusiveness; and facilitate or
encourage participation
in the Company’s flexible work
arrangements and parental leave
policies.
Externally, we begin by supporting
the pipeline for diverse talent in the
legal profession. For over a dozen
years, P&G has hosted a SWEL intern
– an African-American student with an
interest in the practice of law. We are
long-time supporters of the Leadership
Council on Legal Diversity, where I
sit on the Executive Committee. We
particularly value LCLD’s fellows
program, through which each year
1 or 2 of our lawyers participate
in leadership and networking
opportunities together with lawyers
from other companies and law firms.
Finally, we consistently partner with
our preferred provider law firms to
drive greater opportunities for diverse
lawyers, and we use annual scorecards
to keep us on track.
Kathumbi: How does your Legal
Department measure outcomes,
progress and help ensure
accountability?
Majoras: This is not easy to measure.
And I think it’s important to avoid just
counting as the end game; instead, the
goal is to have a highly productive,
engaged, and satisfied organization
that helps drive P&G’s business. But
just because it’s difficult to measure
does not mean we should not try.
Along with the rest of the Company,
we have targets for gender and
minority representation, and goals for
all of the elements in our Action Plan.
Our Global Legal Leadership Team
periodically reviews our progress,
and we make adjustments when we
have not achieved what we set out
to do. We also carefully monitor
our attrition rates and conduct exit
interviews to determine if we fell short
on maintaining inclusiveness.
On the overall health and
inclusiveness of the organization,
we measure it, for starters, by using
our Company’s Employee Survey,
on which we get close to 90%
participation. The Survey includes
a section with several questions that
are designed to measure how well we
are doing in ensuring a diverse and
inclusive environment. Our goal is
to have 90% favorable scores in this
category. As with any part of the
Survey, when we fall short of our goals,
I charter a team to do sensing within
the organization to determine whether
we have issues and/or how we can do
better, and we act on what we learn.
Kathumbi: Do you find that having
diverse teams drives outcomes?
Majoras: In my experience,
organizations that are open to
differences in views and experiences –
whether it’s gender, ethnicity, or other
factors that drive the differences – will
naturally perform better than those
that are more insular. Leaders have
an obligation to listen, to learn, and
to get the most out of every team
member.
I have certainly been part of many
decisions in which the value of input
and interaction among diverse teams
was apparent. For example, once
we truly globalized our advertising
team in Legal, such that they began
working together and sharing thinking
and learnings, we were much better
able to succeed in cases in all parts of
the world. Then, recently, I asked a
global team to form a CLO Advisory
Council to make sure that I maximize
the benefits of everyone’s individual
leadership, no matter the level, the
age, the geographic and cultural
background, or the area of practice.
The Council includes millennials,
Gen-X-ers, and baby boomers from
all continents; some of them are in
administrative roles, while others
are attorneys, government relations
professionals and anticounterfeiting
specialists. None is among the leaders
in the organization with whom I
regularly interact – they are at more
junior levels. Already my interactions
with this Council have been energizing
and have prompted me to take some
actions that I would not have thought
of, because I do not walk in their
shoes.
Kathumbi: Earlier this year, Procter
& Gamble tackled the topic of racial
bias head on with its ad – “The Talk.”
Prior to that, the Company took on
gender bias in a bid to change the
meaning of the phrase “like a girl”
from an insult to a compliment. As
the Chief Legal Officer for P&G,
what is your perspective on these ads?
Majoras: The most visible way we
promote Diversity and Inclusion is by
leveraging our voice in advertising
and media. P&G’s brands – including
Always, Dawn, Pantene, Secret, SK-II,
Tide and others – deliver campaigns
that break down stereotypes and start
conversations that motivate change.
While I understand that some may
view this as potentially risky for the
Company, my view is that companies
Leaders have an
obligation to listen, to
learn, and to get the
most out of every team
member.
Continued on page 3

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have important roles to play in the
issues important to our communities.
We are past the days when companies
can refuse to engage on issues;
consumers care about the Company
behind the brands, and they expect us
to act as thoughtful and responsible
corporate citizens.
Three years ago, as part of our work
with consumers, we discovered an
“outrageous fact”: 50% of girls have
a significant drop in confidence at
puberty – for many reasons, including
the use of demeaning phrases such as
“like a girl,” which was often used as
an insult. Before our “Like a Girl”
campaign was launched, only 19%
of people thought “like a girl” was a
positive phrase; but after viewing our
video, that number increased to 76%!
“The Talk,” which is part of P&G’s
“My Black is Beautiful” campaign,
focuses on the challenges driven by
racial bias. It depicts conversations
many black parents have with their
children about racial bias to prepare,
protect and encourage them. We
recognize that issues of race and bias
are tough topics, but we believe they
represent an opportunity for each of
us—whoever we are and wherever we
come from—to engage in constructive
dialogue that lifts everyone up. The
purpose of the video is to promote
conversations, because conversations
lead to mutual understanding, and
understanding leads to changing
attitudes, mitigating the effects of bias.
Kathumbi: What are strategies for
managing disagreement or resistance
to even engaging in these discussions?
Majoras: I find that the key is to give
everyone a voice, even when that
voice is not what I believe or want to
hear. Too often today, we find that
people do not want to listen to views
they don’t share or that make them
feel uncomfortable. I think this is
dangerous. I think we have to create
an environment in which all views can
be stated and will be heard, so long as
they are stated respectfully and non-
violently. I also find that sometimes
1-to-1 discussions accomplish a lot,
because even if the two disagree, they
can see the other person as just that – a
person – and not just as a nameless,
faceless opposing viewpoint.
To provide an example, when P&G
supported marriage equality when it
was before the Supreme Court, we
received some communications from
people who disagreed. I engaged with
everyone I heard from, explaining our
position and that I respected theirs,
even if I disagreed. The key for leaders
is to show that dissenting views are
welcome and provide a forum in which
the views can be aired. What I tell
people internally is this: I cannot and
will not tell you what to believe; I can
and will, however, hold your actions
to a standard of respect for your fellow
employees, which comes from our
Purpose, Values & Principles.
Kathumbi: How can legal
professionals who want to move
beyond surface level discussions
of diversity and inclusion create
platforms for productive dialogue
around what are often sensitive and
emotionally charged subjects?
Majoras: It’s a good question to
consider, because our profession has
long played a key role in the dialogue
on these issues. I think it starts with
trust. We can better have difficult
discussions that lead to productive
results if we know each other well
enough to trust that we are all good
people trying to do the right thing. So,
before trying to create a dialogue, I
would ensure that diverse groups of
people are put in situations in which
they can interact and work together
in every-day ways. Doing that builds
understanding and then leads to trust.
If we work to create diverse teams who
know they are valued in our companies
and law firms, that is a good start.
Once we have built some trust
among individuals, I think there
are several ways to generate strong
dialogue. First, I have seen story telling
work very effectively. When people are
willing to stand up and tell their own
stories in an authentic, non-accusatory
way – whether about a bias they were
subjected to, an important event that
changed a viewpoint about people,
etc. – that can prompt others to join
the conversation. We need to make
the discussions fundamentally about
humans, not “issues.”
Second, I think we need to
remember, in the midst of all of our
emailing, texting, and posting, that
sometimes we should just sit down
1:1 with people and talk about what
they are thinking and feeling. I tread
lightly at first on sensitive topics like
bias, but if we are willing to open the
door in a personal way, some will
respond better to that opening than
to a group discussion. And finally, it
starts and ends with leadership. As
leaders, we have to show that we are
not afraid to discuss difficult topics and
put them right out on the table. That
does not mean we cannot show our own
vulnerabilities – indeed, I have found
that I create a better environment for
open dialogue when I am willing to
admit that I am scared or nervous and
don’t have all the answers, but that I am
nonetheless willing to try. n
The purpose of the
video is to promote
conversations, because
conversations lead to
mutual understanding,
and understanding leads
to changing attitudes,
mitigating the effects of
bias.

4
News
The State Medical
Board of Ohio
announced new rules
related to the process
for a physician to
obtain a certificate
to recommend
medical marijuana to
patients. These rules were adopted
in accordance with Ohio’s medical
marijuana law that was enacted in
2016, and they take effect Sept. 8,
2017.
The medical marijuana law passed
last year allows Ohio physicians
to recommend medical marijuana
to patients who suffer from one of
the enumerated qualifying medical
conditions. These conditions include,
among others, AIDS/HIV, cancer,
Crohn’s disease, fibromyalgia,
glaucoma, multiple sclerosis,
chronic pain, Parkinson’s disease,
sickle cell anemia, spinal cord injury
and traumatic brain injury. Before
a physician recommends medical
marijuana, the physician will have to
obtain a certificate as set forth in the
new rules released by the Medical
Board.
The new rules mandate that
a physician meet the following
requirements in order to obtain a
certificate to recommend marijuana:
● Hold an unrestricted active
medical license in Ohio.
● Have OARRS database access.
● Have an active DEA registration.
● Never have been denied a
license to prescribe, possess,
dispense, administer, supply or
sell a controlled substance by
the DEA due to the physician’s
inappropriate prescribing,
furnishing, dispensing,
administering, supplying or
selling a controlled substance, or
never have had a DEA or state
prescribing license restricted for
the same.
● Never have been subject to
disciplinary action by any
licensing entity based on
the physician’s prescribing,
furnishing, dispensing, diverting,
administering, supplying or
selling a controlled substance or
other dangerous drug.
● Have completed at least two
hours of continuing medical
education in courses that assist
in the diagnosing of a qualifying
medical condition for medical
marijuana and treating such
a qualifying condition with
medical marijuana.
● Have no ownership or investment
interest in or compensation
agreement with a medical
marijuana entity licensed or
seeking licensure in Ohio.
When reviewing a physician’s
application for a certificate to
recommend medical marijuana, the
Medical Board has broad power
to request information it deems
necessary from individuals, agencies
or organizations for information
about the physician. In addition,
the Medical Board can require the
applicant or a representative to
appear before the board in order to
provide additional information and
answer questions. If the Medical
Board denies the issuance of the
certificate, the physician will be
entitled to a hearing on such denial
under the current rules.
Once the Medical Board has
issued a physician a certificate to
recommend medical marijuana, the
certificate will be renewed when
the holder’s license to practice
medicine is renewed, so long as
the physician continues to meet the
aforementioned requirements and
has completed at least two hours
of approved medical marijuana
continuing medical education
annually.
The rules also set forth a new
standard of care for physicians to
follow when recommending medical
marijuana. In order to meet this
minimum standard of care, the
physician must:
● Establish and maintain a
bona fide physician-patient
relationship established by an
in-person visit, and have an
expectation of providing care to
the patient on an ongoing basis.
● Maintain a medical record for
the patient that documents the
provision of medical services,
including:
m Patient’s name and dates of
office visits.
m Description of current
medical condition.
m Medical history, prescriptive
history and substance use
disorder history.
Ohio Medical Board Releases New Medical Marijuana Rules
By Rosina Caponi, Taft Law
Continued on page 5

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m Review of diagnostic test
results, prior treatment and
current medications.
m A drug screen at the
physician’s discretion if there
is evidence of drug abuse.
m Physician’s performance of a
physician exam and diagnosis
of the patient’s medical
condition.
m Diagnosis or confirmation
of prior diagnosis of a
qualifying medical condition
for medical marijuana.
● When recommending medical
marijuana treatment, document
in the medical record:
m A treatment plan.
m A review of the OARRS
report covering at least the
preceding 12 months.
m A discussion with the patient
regarding possible abuse or
drug diversion of any drugs
listed in the OARRS report.
m An explanation of the risks
and benefits of medical
marijuana treatment.
m The patient’s consent
(or consent of a legal
representative).
m Whether the patient needs
a caregiver to assist in the
administration of medical
marijuana.
● Confirm that the patient has an
active registration for medical
marijuana with the Board of
Pharmacy registry.
● Be available to provide follow-
up care relevant to determine
the efficacy of the medical
marijuana.
● Retain records for the medical
marijuana recommendation for at
least three years.
Lastly, the new rules encourage
ongoing medical marijuana related
dialogue between physicians and
the Medical Board. Physicians are
required to submit an annual report
to the Medical Board describing
their observations regarding the
effectiveness of medical marijuana
in treatment of their patients. In
addition, physicians can make a
request to the Medical Board that a
condition or disease be designated
as a qualifying medical condition
for medical marijuana. No later than
Oct. 15
of each year, the Medical
Board will designate a period in the
following calendar year in which
physicians may make such requests
that must include information
specified by the Medical Board, such
as relevant medical and scientific
evidence, information from experts,
journals and peer review studies.
The Medical Board will have 180
days after the annual submission
period closes to issue a decision of
the acceptance of any new qualifying
medical conditions.
See: Ohio Administrative Code
§§4331-32-01 – 4731-32-05
Rosina Caponi is at attorney in
Taft’s Columbus office. She focuses
her practice on the representation
of hospitals, physician groups and
other health care organizations
regarding contractual arrangements
and regulatory, operational and
compliance matters. She routinely
advises clients in Medicare/Medicaid
participation, licensure and
accreditation, health information
privacy, and health care fraud and
abuse law compliance. Reach
her at rcaponi@taftlaw.com or
(614) 334-7189. n
Celebrate
www.taftlaw.com
the leaders of tomorrow.

6
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As a staff attorney at
Ohio’s First District
Court of Appeals,
I listened to over
100 oral arguments
on topics ranging
from straightforward
criminal sentencing
issues to complex, multi-year civil
cases. This is my advice for attorneys
preparing for their first oral argument.
Etiquette. This is simple. Be on
time. Speak clearly. And do not, do
not, do not interrupt the judges.
Be able to articulate how the
court has jurisdiction…but don’t
spend time on it if it’s obvious. From
time to time, I see a brief that directly
states how the court has jurisdiction.
Something like, “The court entered
judgment on 9/4. Appellant filed a
notice of appeal on 9/7. Therefore,
this court has jurisdiction under R.C.
2505.02.” True, a notice of appeal
must be filed, but filing a notice of
appeal alone does not give this court
jurisdiction to hear a case. The Ohio
Constitution limits our jurisdiction
to final orders, as set forth in R.C.
2505.02. (Not that there are not
exceptions to this because if there is
no exception is it even a legal rule?)
Whether you have a final, appealable
order is a full-stop, do not pass go
question—if the judgment appealed
from is not a final, appealable
order, an appellate court is without
jurisdiction to review the case, even if
we really, really want to.
Whether a decision constitutes a
final order can be a very complicated
question. Just look at the One-
Document Rule as explained in State
v. Lester, 130 Ohio St.3d 303, 2011-
Ohio-5204, 958 N.E.2d 142, which
dictates that a judgment of conviction
is a final order under R.C. 2505.02
only if it includes (1) the fact of
conviction, (2) the sentence, (3) the
signature of the judge, and (4) entry
on the journal by the clerk of court –
all in the same document. (Except,
of course, in capital cases where the
court is statutorily required to file a
sentencing opinion in addition to the
judgment entry.)
The point is, be able to articulate
how the court has jurisdiction.
Because if you skip this step and find
out at oral argument that you don’t
have a final order, then the merits of
your case won’t matter. But don’t
waste time talking about it if it is
clear from the record. Get in and get
out.
Know your standard of review.
Every error you assign should be
framed with the standard of review
in mind. This should be the outline
you use to layout your argument.
For example, if you are arguing that
the trial court abused its discretion
when it decided an issue, then do
not detail in your argument all the
ways you disagree with the court’s
decision. Instead, outline for the
court specifically how the record
demonstrates that the trial court’s
decision was arbitrary, unreasonable,
or unconscionable.
Prioritize. The judges on your panel
(and their staff) have read your brief.
That means that you really do not
need to deliver the facts of the case at
the beginning. Instead, it is important
to prioritize your legal arguments—
starting with the issue you consider
paramount. No matter the number of
issues raised in your brief, it’s okay
to argue only the ones you think are
really important; it’s okay to argue
only one. Clearly and succinctly
make your legal arguments using
underlying facts to demonstrate your
points.
Do not overdue emotion.
Fortunately, most attorneys do not
make this mistake, but I cannot stress
this enough. Judges are people, too.
They are moved by sad occurrences
and heartbreaking consequences
just like anyone else. But that does
not impact their decision-making
and, at the appellate level, judges
rarely have the power or authority
to intervene. Cases always involve
a balancing and appellate courts are
limited to information in the record,
the standard of review, and how the
law applies to the particular facts of
the case in front of them. Making an
emotion plea to an appellate court
may impact the judges personally, but
it will not impact their obligation to
apply the law.
Know your record – and make
sure everything is there. Appellate
courts are courts of record, meaning
we are limited to the information
that is actually in the record. You
must order transcripts for every date
that demonstrates the errors you are
Preparing for Oral Arguments for Beginners
By Melissa Schuett
Continued on page 7

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alleging. Remember that the parties
are responsible for making sure that
all parts of the record were actually
transmitted. If one of the attorneys
agreed to “hold on” to the exhibits
admitted during a deposition, chances
are, those exhibits are not actually in
the record. The parties are obligated
to demonstrate error in the record,
and you can’t do that if something is
missing.
Actually Answer the Questions.
And answer honestly. Do not ignore
facts or cases that are contrary to your
position—the judges certainly won’t.
Acknowledge them and distinguish
what you can. If you don’t know the
answer to a question, then say that.
And if the judges ask you about a case
that you have never read, just state that
you aren’t familiar with that case and
offer to provide supplemental briefing.
Oral argument is your opportunity
to explain to the judges why you are
right, so use their questions to your
advantage.
Other resources:
● Supreme Court guide: https://www.
supremecourt.ohio.gov/Clerk/
guideCounsel.pdf
● The Ohio Supreme Court has a
bank of archived oral arguments:
http://www.ohiochannel.org/
collections/supreme-court-of-
ohio?0
● The First District Court of Appeals
sample brief: First District Court of
Appeals Forms
Melissa Schuett is an attorney at Faruki
Ireland Cox Rhinehart & Dusing
P.L.L., which has offices in Dayton and
Cincinnati, Ohio. She may be reached
at mschuett@ficlaw. com. n
OWBA Board Member Judge Mary
DeGenaro Seeks Seat on Ohio’s
Highest Court
Congratulations to Judge Mary DeGenaro, Seventh District
Court of Appeals Judge and OWBA Vice President, for
receiving the Republican party’s endorsement for election to
the Ohio Supreme Court in 2018. We are incredibly proud
that one of our amazing leaders is seeking a seat on the Ohio
Supreme Court, and wish Judge DeGenaro the best.
Judge DeGenaro has served on the Youngstown-based
Seventh District Court of Appeals since 2000. She received
her bachelor’s degree from Youngstown State University and her law degree
from Cleveland-Marshall College of Law. Judge DeGenaro has been a
member of the OWBA for many years, and has served on the OWBA Board
of Trustees since 2013.
OWBA and OSBA WIP Hosted
Private Screening of Balancing
The Scales
On October 26th, the
OWBA and OSBA Women
in the Profession Section
hosted a private screening
of the documentary
Balancing the Scales. The
documentary provides an
insightful look into the
experiences of women
lawyers in America through
interviews of diverse lawyers and judges across five generations, including
Supreme Court Justice Ruth Bader Ginsburg and civil rights attorney Gloria
Allred. Continuing this year’s theme of Critical Conversations and Courageous
Leadership, this event provided a unique opportunity to continue the dialogue
and develop strategies for addressing the most critical issues impacting women
in the profession. We were thrilled to welcome the filmmaker, Sharon Rowen,
to Columbus, Ohio. In addition to remarks from Rowen, Nichole Dunn, CEO,
Women’s Fund of Central Ohio, moderated a panel discussion. Panelists
included: Professor Katrina Lee and Darren Nealy with the OSU Moritz
College of Law and Judge Noceeba Southern. Thank you to Sharon Rowen
and the program panelists for their commitment to advancing the interests of
women attorneys, to the OSU Moritz College of Law for hosting us, and to
Robson Forensics for sponsoring the evening’s networking reception. For more
information about the film visit www.balancingthescalesmovie.com

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8
In an emotionally
charged case
involving child sexual
abuse allegations and
claims of wrongful
termination, emerged
an unlikely decision
with the potential
to curtail lawyers’ First Amendment
rights in Ohio. The Cleveland-based
trial court found that the plaintiffs’
lawyer, Peter Pattakos, violated
Ohio’s frivolous conduct statute –
R.C. §2323.51 – by communicating
publically available information about
the case to the media prior to trial.
Recognizing the likely implications
of the trial court’s decision on free
speech rights, and lack of supporting
law, the appellate court reversed
the trial court’s decision and
confirmed that an award of sanctions
is not appropriate where a lawyer
communicates with the media about a
pending case. Cruz, et al. v. English
Nanny & Governess Sch., Inc., et
al., 8th Dist. Cuyahoga No. 103714,
2017-Ohio-4176 (June 8, 2017).
Trial Court Sanctions Lawyer for
Speaking to the Media
The case centers on allegations of
child abuse lodged by two employees
of a prominent child-care placement
agency. The employees were
discharged and sued the agency. Prior
to the first jury trial, Pattakos reached
out to a local magazine and provided
publically available information,
including scheduling information,
regarding the upcoming trial. The
magazine published an article, which
was available online and via free
copies circulating at the courthouse
where the trial was held. Following
voir dire, defense counsel argued
that the jury pool was tainted by
the magazine article. The trial court
questioned the parties and the jury
about the article. While it found that
Pattakos’ conduct was “problematic,”
the trial court did not find that the jury
was tainted so as to warrant a mistrial.
Id. at ¶11. Notwithstanding, the trial
court ordered a mistrial on unrelated
grounds a few days later.
Subsequently, a second jury was
empaneled and a multi-week jury trial
ensued. Significant post-trial motion
practice by the parties commenced,
including a motion for sanctions filed
by defense counsel against Pattakos
for his involvement in the magazine
article published during the first jury
trial.
The trial court found that the
information provided by Pattakos
to the media “may very well have
been protected by [Ohio Rule of
Professional Conduct] 3.6(b),” and
ordered a hearing on the motion for
sanctions. Id. at ¶118. Following the
hearing, the trial court found that
Pattakos engaged in frivolous conduct
under R.C. §2323.51. Id. at ¶109.
Pattakos appealed.
Appellate Court Reverses Finding
of Frivolous Conduct
Ohio’s Eighth District Court of
Appeals reversed the trial court’s
finding of frivolous conduct and found
that, “[w]e can find no law supporting
the award of sanctions under R.C.
2323.51 for . . . communicating with
the media about a pending case.” Id.
at ¶113.
First, the appellate court considered
the trial court’s findings relating to
Ohio’s Rules of Professional Conduct.
Id. Prof. Cond. R. 3.6 provides, in
relevant part, that:
“(a) A lawyer who is participating or
has participated in the investigation
or litigation of a matter shall not
make an extrajudicial statement that
the lawyer knows or reasonably
should know will be disseminated
by means of public communication
and will have a substantial
likelihood of materially prejudicing
an adjudicative proceeding in the
matter.
(b) Notwithstanding division (a) of
this rule and if permitted by Rule
1.6, a lawyer may state any of the
following:
(1) the claim, offense, or defense
involved and, except when
prohibited by law, the identity of the
persons involved;
(2) information contained in a public
record;
(3) that an investigation of a matter
is in progress;
(4) the scheduling or result of any
step in litigation.”
The appellate court warned
that violations of Ohio’s Rules of
Professional Conduct are within the
When is Speaking to the Media About a Pending Lawsuit
‘Frivolous Conduct’ Under Ohio Law?
By Erin E. Rhinehart, Esq.
*This article was previously published in the MLRC’s July 25, 2017 MediaLaw Letter
Continued on page 9

9
News
“exclusive jurisdiction” of the Ohio
Supreme Court. Therefore, “[w]
hether attorney Pattakos violated
Prof.Cond.R. 3.6 is not for this court
to decide.” Id. at ¶123.
Second, the appellate court turned
to Ohio’s frivolous conduct statute.
“Frivolous conduct” is defined as
conduct that “obviously serves
merely to harass or maliciously injure
another party to the civil action . . .
or is for another improper purpose,
including, but not limited to, causing
unnecessary delay or a needless
increase in the cost of litigation.”
R.C. §2323.51. Recognizing that
sanctions are typically imposed under
Ohio’s frivolous conduct statute for
pleading and discovery-related issues,
the court stated that “we can find no
law supporting the award of sanctions
under R.C. 2323.51 for the type of
conduct here — communicating with
the media about a pending case.” Id.
at ¶113.
Further, the court acknowledged
the “numerous unintended
consequences” upholding the trial
court’s decision could have on
protected speech.
“[F]or example, defendants
in criminal cases potentially
could ask for sanctions against
prosecutors who provide
information to the media about
criminal cases. On any given
day, newspapers show headlines
of ongoing trials, recapping the
evidence that was presented that
day at trial.”
Id. at ¶122. Therefore, the
appellate court found that lawyers’
“media communications remained
within the confines of protected
speech,” and “[i]t should not be held
that merely urging a media outlet
to cover a trial constitutes frivolous
conduct.” Id. at ¶¶117, 123.
Conclusion
The integrity of the American
judicial system is dependent upon
transparency and public access to the
courts; and, lawyers occupy a unique
role as intermediaries between the
public and the court system. As the
American Civil Liberties Union of
Ohio explained in its amicus brief,
“[a]ttorneys’ extrajudicial speech
[] plays key role in the proper
functioning of the legal system. .
. . It is critical for the public to be
able to receive information about
trials and other legal proceedings,
because their attention to them and
understanding of them has been said
to enhance the integrity and quality of
what takes place.” (citing Richmond
Newspapers, Inc. v. Virginia, 448
U.S. 555, 578 (1980)). Therefore,
the appellate court’s decision is
significant because it supports an
informed public, as well as preserves
protected speech. n
Erin is a Partner with Faruki Ireland
Cox Rhinehart & Dusing P.L.L.
Her litigation practice focuses on
class action defense, media and
communications law (First Amendment,
defamation, privacy, public records,
advertising, social media, trademark,
and copyright litigation), breach of
contract and tortious interference,
and environmental litigation matters.
Erin has significant trial experience
in federal and state courts across the
country. She has first-chair jury trial
experience, and has argued before
various appellate courts in Ohio. Erin
has been repeatedly recognized as an
Ohio Super Lawyers Rising Star, a
peer-based review of the top two and
one-half percent of Ohio lawyers 40
years old or younger or in practice
for 10 years or less; and selected
for the 2016 edition of the inaugural
Benchmark Litigation Under 40 Hot
List, a list of the nation’s top litigation
partners 40 years of age and younger.
In 2017, Erin was named Corporate
Vision’s 2017 Ohio Attorney of the
Year, and received Ohio Women’s
Bar Association’s President’s Choice
Award.

10
News
Adrienne Pietropaolo,
Barnes & Thornburg
LLP, Columbus, Ohio
What did you enjoy
the most about the
Leadership Institute
(LI)?
Meeting the wonderful women in my
class. I enjoyed being able to interact
with such an intelligent group of
women every month, and learning
more about their lives, legal practices,
and overall views.
What is something that you learned
that you implemented into your
career/life?
Although I feel comfortable speaking
in public, organizing my thoughts
before presenting has never been
a strong skill of mine. During our
public speaking session, I received
very good feedback on how to better
achieve this organization. This advice
is something I remember every time
I prepare to give a speech, whether it
be in a courtroom-like or conference
setting.
Do you stay in contact with anyone
from your class?
Yes. Although our lunches together
used to be more frequent before life
got in the way, I still know I can reach
out at any time.
What piece of advice would you give
to someone who is just beginning
the Leadership Institute or who is
considering applying?
Do it. I was initially on the fence due
to the time commitment. However,
my experience in the Leadership
Institute was nothing but positive, and
it really helped me become a better
attorney and a better me.
How did participating in the
Leadership Institute change you
and/or make you better?
It gave me insight into the lives of
other female legal professionals
and made me realize that I’m not
alone. Every attorney tries to balance
work and life, but as females, we tend
to be harder on ourselves when we
feel like we haven’t achieved an ideal
balance. I have more confidence in
what I do professionally and person-
ally, knowing that there are others
who also put too much pressure on
themselves to achieve a balance that,
frankly, will never exist. I’ve learned
to relax.
Where do you work?
Barnes & Thornburg
Do you specialize or have a niche?
Workers’ Compensation
If you weren’t a lawyer, what would
you be?
A travel agent.
What is your dream job?
Live on an island and lay on the beach
all day. That’s not a job? Oh…
What would you like to tell us
about yourself (i.e. your family,
hobbies, etc.)
I’m a mom of 3 boys, which has been
challenging having grown up with
only sisters, but also the most reward-
ing thing I’ve ever done. My husband
and I are avid Notre Dame fans living
in Buckeye country. As a family, we
are Disney fanatics! n
Highlighting Members of the OWBF Leadership Institute
In each issue we will highlight graduates of the OWBF Leadership Institute. This quarter we will highlight Adrienne
Pietropaolo from the 2013-2014 Class. If you are interested in applying to the Leadership Institute, contact the OWBA
at admin@owba.org or (866) 932-6922.
GBQ is proud to support the
Ohio Women’s Bar Foundation
Leading the Way Reception
Forensic and Dispute Advisory Services

11
News
Welcome to the Leadership Institute Class of 2017-2018
The Leadership Institute is a program of the Ohio Women’s Bar Foundation. It was created by top women leaders
in Ohio to assist women lawyers in developing their leadership skills. While this year’s program has just begun,
we encourage women attorneys to consider applying for next year’s class which will take place from September
2018-March 2019. Applications will be released in early spring 2018. For more information about the Leadership
Institute visit our website at www.owba.org/leadershipinstitute.
2017-2018 Leadership Institute Class Members
Co-Chairs: Sommer Sheely, Bricker & Eckler and Leslie Wargo, Wargo Law
Hillary Anderson - Nationwide Insurance
Ali Anoff - The Procter & Gamble Company
Megan Bailey - Porter Wright Morris & Arthur, LLP
Lisa Chatterton - Nationwide Insurance
Lindsey D’Andrea - Baker Hostetler
Brandi Doniere - Thacker Robinson Zinz LPA
Rachel Gibson - Cardinal Health
Stephanie Hart - Alliance Data
Kara Herrnstein - Bricker & Eckler LLP
Amy Ikerd - Mercer County Prosecutor’s Office
Ashley Johns - Reminger Co. LPA
Paige Kohn - Vorys Sater Seymour and Pease
Lauren Kuley - Squire Patton Boggs
Jamie LaPlante - Porter Wright Morris & Arthur, LLP
Emily Little - Thompson Hine
Amber Merl - Carpenter Lipps & Leland
Jenny Schiller - Squire Patton Boggs
Quinn Schmiege – Gallagher Sharp LLP
Nicole Woods - Ice Miller n
Vorys, Sater, Seymour and Pease llp
52 East Gay Street | Columbus, OH 43215
614.464.6400 | vorys.com
We’d like to offer our heartfelt congratulations to Michelle Roe
on her much deserved award.
We’re proud to support the Ohio Women’s Bar Association
and the Ohio Women’s Bar Foundation.

12
News
Strong Leaders Value Business Etiquette
By Tiffany L. Adams, President of Cincinnati Etiquette & Leadership Institute, LLC
Certified Corporate Etiquette & International Protocol Expert
Etiquetteplease.com | Email: Tiffany@etiquetteplease.com
What in the world
does business
etiquette have to do
with leadership?
Everything! How
does a leader inspire
a team who doesn’t
respect them or
who doesn’t feel respected? It’s not
possible. Understandably, leaders
are focused on the strategic direction
and bottom-line results as they must
answer to shareholders, bosses, and
boards. They often miss the quiet
signs of how their relationships
are evolving and don’t get a true
reading of how their behavior, words,
and body language are affecting
organizational members. This is
why the results from Stanford’s
School of Business 2013 Executive
Coaching Survey made complete
sense. The survey revealed the worst
flaw in CEOs and other leaders is
their lack of self-awareness. Without
self-awareness and for that matter,
self-restraint, leaders are ill-equipped
to set the right tone for their work
culture and the relationships they
influence.
That’s where business etiquette
comes in to the picture. Business
etiquette underscores the importance
of self-restraint. It is a vital tool
that arms leaders with the business
acumen they need to respond to others
pragmatically and professionally, not
emotionally and counterproductively.
Furthermore, etiquette intelligence
suppresses the “It’s all about me” ego
in favor of considering others. Good
etiquette and protocol inspires the
positive outcome of making people
feel respected, trusted, comfortable,
and important. That’s when the magic
happens and the oars start rowing in
one prosperous direction. When an
‘others-centered’ mentality prevails
at the top, meaningful relationships
are built; people are inspired; goals
are achieved; dreams are realized; and
bottom-line results are achieved.
Set yourself apart by wisely
equipping your toolbox with these
essential, yet often overlooked,
professional development skills.
There’s a reason why business
etiquette has reemerged as a smart
way to invest in yourself in today’s
fiercely competitive world. In a world
of rapid change where technology
and intercultural communication
have never been more prominent,
corporate etiquette provides the
road map that guides our behavior
in adapting appropriately to all of
this change. Is business etiquette
old-fashioned or a lost art? Only if
meaningful relationship-building and
smooth communication skills are
not important anymore. As you will
undoubtedly come to find, these skills
remain crucial towards the long term
success of any business or leadership
role. n
Donate to the OWBF
It’s almost that time of year again; when we spend the
holidays with loved ones, celebrate the seasons and consider
what you’re thankful for. It’s also a time of giving back to
organizations and causes that you’re passionate about. In
light of this, we hope that you will consider making a tax-
deductible donation to the Ohio Women’s Bar Foundation.
By supporting the Foundation you’re choosing to invest
in it’s mission to accelerate the advancement of women
lawyers as leaders in the profession and to facilitate their
service to the community. Your general donation will help
the OWBF fund it’s Law Student Scholarship as well as
long-range plan endeavors to fund educational opportunities
for women lawyers that will facilitate their service to the
community. For more information and to donate visit www.
owba.org/foundation. n
The Gnoesis Group
999 Polaris Parkway/Suite 111/Columbus, Ohio 43240
614.545.6350/gnoesisgroup.com
The Gnoesis Group
The Gnoesis Group

News
13
The Ohio Women’s Bar Foundation
brought together over 100 guests
at the Leading the Way Reception,
previously the Leadership Luncheon.
The reception recognized the
graduates of the 2016-17 Leadership
Institute, the incoming Leadership
Institute class as well as the Leading
the Way Award Recipient Michelle
Roe, Vice President and General
Counsel of Thirty-One Gifts and Past
President of the Ohio Women’s Bar
Association.
The Ohio Women’s Bar
Foundation’s Leading the Way Award honors leaders
and leadership styles that others would emulate. This
award is presented to outstanding women lawyers who
demonstrate leadership in the legal profession
and their communities and commitment to the
promotion and enhancement of women in the
legal community by inspiring and mentoring
other women to raise their performance to
the same high standard. Michelle embodies
the spirit of the Leading the Way Award.
Her career is exemplary and her continuous
leadership, service and commitment to her
community and the Ohio Women’s Bar
Association is admirable. Thank you to
everyone who attended the event to celebrate
Michelle and the incoming Leadership
Institute class. n
OWBF Leading the Way Reception

News
14
Sustaining Members
New OWBA Members (as of August 1, 2017)
Deborah Akers-Parry
Wolf and Akers LPA
Randal Bloch
Randal S. Bloch, Esq.
Magistrate Judge Stephanie
Bowman
U. S. District Court
Southern District of Ohio
Sherri Dahl, Esq.
Dahl Law LLC
Jennifer Elleman
LexisNexis
Claudia Herrington
JobsOhio
Valoria Hoover
Valoria Hoover Law Offices, LLC
Lisa Kathumbi
Bricker & Eckler
Rachel Lawless
Nationwide Insurance
Magistrate Judge
Karen L. Litkovitz
U.S. District Court, Southern
District of Ohio
Sandy Lynskey
Mac Murray Petersen & Shuster
Helen Mac Murray
Catherine Martineau
MacMillan Sobanski & Todd, LLC
Marilyn McClure-Demers
Jean McQuillan
Case Western Reserve University
School of Law
Lisa Messner
Betty Montgomery
Montgomery Consulting Group
Susannah Muskovitz
Muskovitz & Lemmerbrock, LLC
Denise Platfoot Lacey
University of Dayton School of
Law
Grace Royalty
U. S. District Court
Southern District of Ohio
Michele Shuster
Carrie Starts
Reminger Co., LPA
Patricia Walker
Walker & Jocke
Linde Webb
Lydy & Moan, LTD
Kate Wexler
Hahn Loeser & Parks LLP
Jenna Rohing
Student, Northern Kentucky
University Chase College of Law
Sarah Brown
Student, Capital Law School
Anujanaa Baskaranathan
Student, DePaul University
College of Law
Nikki Baszynski
Office of the Ohio Public
Defender
Mary Bockstahler
Student, Ohio State University
Moritz College of Law
Sarah Brown
Student, Capital University
School of Law
Megan Craig
Haley Damron
Kim Freeman
Sequent
Mellisa Garta
School of Law
Courtney Gerrein
Cassandra Gleason,
Student, University of Cincinnati
College of Law
Emily Hake
School of Law
Victoria Hanohano-Hong
School of Law
Erica Hart
Heather Heineman
Carly Hertel
Chelsea Hime
Christie Hughes
Independent Contractor -
EDiscovery and Litigation
Support
Alexandria Kerns
Molly Lampe
Dinsmore & Shohl
Lauren Lentsch
Katie Leonard
Victoria Link
Kati Massey
Kaitlin McLeod
Erin Melcher Beam
Johnson & Johnson,
Jane Messmer
Operation Legal Help Ohio
Jessica Metz
Nicole Miller
Elizabeth Mitchell
Breanne Parcels
Pickrel Schaeffer and Ebeling
Amber Robinson
Liane Rousseau,
Taft Stettinius & Hollister LLP
Shelby Rush
Alyssa Sander
School of Law
Jenny Schiller
Squire Patton Boggs (US) LLP
Laken Schodzinski
School of Law
Kelly Slone
School of Law
Brittany Slone
Rebecca Spears
McKaylan Stamper
Sanna-Rae Taylor
Taft Stettinius & Hollister LLP
Rebekah Tefft
Student, The Ohio State Moritz
College of Law
Rachel Wilhite
Blank Rome, LLP
Micheala Willingford
Lisa Wu Fate
Meghan Zenko
L Brands, Inc.

News
15
EVENT RECAP
Government Subcommittee Charity Event
On August 29, 2017, the OWBA
Government Subcommittee hosted a
networking fundraiser at the YWCA
in Columbus. Attendees brought
several donations for the Family
Center and Women’s Residency,
including personal hygiene products,
strollers, baby clothing, diapers, and
other items from their “most needed”
list. We had the privilege to hear from
Elfi Di Bella, Past President and CEO
of the YWCA Columbus, as well as
Faith Williams, Vice President of
Programs, Terri Williams Ifeduba,
Vice President of Engagement and
Development, and past YWCA
Board Members. It was a wonderful
opportunity to
learn more about
the history of the
YWCA, where
they’re headed
and their impact
on the Columbus
community.
Attendees were
also given an
opportunity to
tour the newly
renovated facilities, which are over
130 years old. We encourage all
members of the OWBA to consider
supporting the YWCA Columbus, or
their own local chapter of the YWCA.
For more information about
serving the YWCA Columbus or
hosting an event at their newly
renovated facilities please visit their
website at www.ywcacolumbus.org.
EVENT RECAP
An Intimate Conversation with Heather Lennox
and Sherri Dahl
By Sherri Dahl, Dahl Law LLC
Sherri Dahl, Owner
of Dahl Law LLC,
and Heather Lennox,
Managing Partner
of Jones Day’s
Cleveland Office,
shared insights and
compared experiences
with approximately
30 guests at Dahl
Law LLC (Sherri’s
house) on September
13, 2017. Those
in attendance also
had the opportunity
to hear from
Betsy Rader, a Democrat, who is
running for U.S. Congress (Ohio’s
14th
District), and our very own
OWBA Vice President, Judge Mary
DeGenaro, 7th
District Court of
Appeals, who was recently endorsed
by the Ohio Republican Party State
Central Committee for the Ohio
Supreme Court race in 2018. After
eating barbecue prepared by Byron
Sabree, Owner/Pit Master of
Smoqued BBQ, and networking, the
group sat in Sherri’s living room,
with drinks and candles, and had an
interactive conversation comparing
the management of Sherri’s solo
practice from her “corner office”
in her living room with Heather’s
management of the Cleveland office
of more than 200 lawyers. Although
their current work environments are
different, the women share some
similarities. Both women were 49
years old on September 13th
, Heather
turned 50 a few days later (Happy
Birthday, Heather!), both women
worked their way through college,
have two children, and both have
represented parties in corporate
bankruptcy proceedings throughout
their legal careers. Questions from
guests kept the discussion lively!
Special thanks to the Ohio Women’s
Bar Association and the Women
in Law Section of the Cleveland
Metropolitan Bar Association for
jointly sponsoring this event! n

News
16
Supporting Leadership
Ice Miller is proud to be recognized as a leader when it comes to family-friendly policies and supporting women in the legal industry.
· Eleventh on Am Law 200 Ranking of Female Equity Partners Percentage
· One of the "50 Best Law Firms for Women" by Working Mother
· One of the best law ﬁrms for women by Law360
· Women in Law Empowerment Forum 2016 Gold Standard Firm
We are proud to help women within our Firm and in our community build dreams
icemiller.com 300+ lawyers in Columbus and other ofﬁces
upportive environment for our female lawyers; externally, we focus on community involvement and marketing efforts to
elp develop new clients and expand existing relationships.
LITIGATION TRANSACTIONAL ESTATE/PROBATE
Meet Carrie Starts and Acacia Perko.
As Co-Chairs of Reminger Co., LPA’s Women’s Initiative, they oversee
efforts to foster a supportive environment for our women attorneys,
focusing on:
• Recruitment and retention
• Networking opportunities
• Mentoring and development
Thank you for promoting our mission of providing an inclusive work
environment where everyone has an equal opportunity at success.
Women on a mission.
Carrie Starts Acacia Perko
800.486.1311•Reminger.com
AKRON CINCINNATI CLEVELAND COLUMBUS SANDUSKY TOLEDO YOUNGSTOWN INDIANAPOLIS FT.WAYNE NORTHWESTINDIANA EVANSVILLE FT.MITCHELL LEXINGTON LOUISVILLE
upportive environment for our female lawyers; externally, we focus on community involvement and marketing efforts to
elp develop new clients and expand existing relationships.
LITIGATION TRANSACTIONAL ESTATE/PROBATE
Meet Carrie Starts and Acacia Perko.
As Co-Chairs of Reminger Co., LPA’s Women’s Initiative, they oversee
efforts to foster a supportive environment for our women attorneys,
focusing on:
• Recruitment and retention
• Networking opportunities
• Mentoring and development
Thank you for promoting our mission of providing an inclusive work
environment where everyone has an equal opportunity at success.
Women on a mission.
Carrie Starts Acacia Perko
800.486.1311•Reminger.com
AKRON CINCINNATI CLEVELAND COLUMBUS SANDUSKY TOLEDO YOUNGSTOWN INDIANAPOLIS FT.WAYNE NORTHWESTINDIANA EVANSVILLE FT.MITCHELL LEXINGTON LOUISVILLE

Follow us on Social Media
The OWBA and OWBF can be found on Facebook, Twitter and LinkedIn.
Join our groups, like us and connect to us to share information and connect
with women attorneys across Ohio.
OWBA board members
President
Lisa Kathumbi
President-Elect
Tara Aschenbrand
Vice President
Judge Mary DeGenaro
Secretary
Sherri Dahl
Treasurer
Lisa Whittaker
Immediate Past President
Marilyn McClure-Demers
Executive Director
Kimberly Fantaci
Trustees
Beth Naylor
Erin Rhinehart
Nancy Sabol
Judge Marie Hoover
Carolyn Davis
Marguerite Zinz
Judge Michelle Miller
Theresa Rakocy
Judge Katrina Cook
Catherine Strauss
Mary Jane Trapp
Melissa Schuett
Karen Adinolfi
Judge Noceeba Southern
Sue Roudebush
Meghan Hill
Kate Wexler
OWBA/OWBF Liaison
Vanessa Nichols
Past Presidents
Pamela 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)
Claudia S. Herrington (14-15)
Grace Royalty (15-16)
Marilyn McClure-Demers (16-17)
News
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