Westchester Women’s Bar Association - PACE … Newsletter.pdfport, hard work and ... The...

Westchester Women’s Bar Association News

WWBAAt this time

of the year wethink of ourfamilies, the joysand bounties ofthe year, and webegin to lookforward to newpossibilities inthe coming year.I would like totake this opportunity to say thank youto my WWBA family for all your sup-port, hard work and friendship dur-ing the year. I continue to be grate-ful for your enthusiasm, friendship,positive demeanor, and genuine in-terest in helping others. Thank youall for the joys and accomplishmentsof 2007. I truly look forward to con-tinuing our mission in 2008.

Of course, many of our pro-grams and activities would not bepossible without the generous sup-port of our sponsors. Please takesome time during the holiday sea-son to say “thank you!” to our manyloyal sponsors. Let them know thattheir sponsorship of the WWBA isone of the reasons you use their ser-vices. Take a look in the directory,on the website, in our newsletter, orat one of our event flyers. Thesesponsors make it possible for us tofunction the way we do, to provideextremely low cost CLE, and to in-vest in community programs. Pleasetake a moment to tell a sponsor thattheir involvement is very much appre-ciated.

continued on page 3

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York

Westchester Women’s Bar Association

WWBAnewsMY VISIT TO THE UNITED NATIONS

n November 6, 2007, I participated in a group tour of the United Nationsfor the International Association of Women Judges. Judge Terry JaneRuderman and I represented the women judges from Westchester. In addi-tion, local judges from New York City and New Jersey attended. The most

interesting group was the foreign women judges, which included women judges fromTaiwan, Korea, Nepal and the Ukraine. The judge from the Ukraine brought hertranslator, because she was the only one who did not speak English. Certainly, we didnot speak any of the judges’ native languages.

We were given a VIP tour which included a visit to the Security Counsel and theGeneral Counsel, followed by an elegant lunch in the Delegates’ dining room. Welistened to several very fascinating lectures. The most interesting was the one given bya young Argentinean gentleman who was brilliant and who was an associate lawyer tothe International Criminal Court.

During the day we had the opportunity to converse with the other women judgeswho were mostly from Asia. I learned that these societies look to America as the modelof civil rights and rights for women and that they are dealing with divorce, domesticviolence, custody of children and many of the same problems that we deal with here.

The world is definitely moving at a rapid pace and in many ways is becomingsimilar. The women judges that I met on that day were elegant, very bright, verylearned (they speak several languages), were dressed in Western garb (except for thejudge from Nepal who wore a pink and gold sari) and were definitely of the moreprivileged classes of their societies. I even learned that to become a judge in Taiwan,you must take an exam and the one who achieves the best results become a judge.How refreshing. It was a wonderful experience for me and I hope to remain in contactwith these judges and to visit them in their native country.

O

SAVE THE DATE INSIDE THIS ISSUE

PRESIDENT’SMESSAGE

December 5, 2007White Plains

Women’s Club

Westchester Women’sBar Association

HolidayParty

December 2007

An Interview with Past-President Kathleen Donelli(page 4)

Lead Paint Toy Litigation(page 5)

Controlling Your PracticeWith Systems(page 8)

Upcoming Events(page 12)

DECEMBER 2007

www.wwbany.org

Sandra A. Forster


~ 2007/2008~ 2007/2008~ 2007/2008~ 2007/2008~ 2007/2008 Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~PresidentPresidentPresidentPresidentPresident DAWN ARNOLD

Vice PresidentsVice PresidentsVice PresidentsVice PresidentsVice Presidents DONNA E. FROSCO DOLORES GEBHARDT DEBORAH A. SCALISETTTTTreasurerreasurerreasurerreasurerreasurer PATRICIA A. AMATO RRRRRecording Secretaryecording Secretaryecording Secretaryecording Secretaryecording Secretary LONYA A. GILBERT

Corresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding Secretary JULIE S. KATTAN Immediate PImmediate PImmediate PImmediate PImmediate Past Past Past Past Past Presidentresidentresidentresidentresident JODY FAY

Elected DirectorsElected DirectorsElected DirectorsElected DirectorsElected Directors Westchester BoardHON. SANDRA FORSTER AMY GEWIRTZ LOREN I. GLASSMAN

JEAN PARTRIDGE LISA SOLOMON

State DirectorsState DirectorsState DirectorsState DirectorsState Directors Women’s Bar Association of the State of New YorkLISA BLUESTEIN KATHLEEN DONELLI BETH FEDER HON. ANNETTE GUARINO

ERIN N. GUVEN ANNETTE HASAPIDIS HON. ALAYNE KATZMARY BETH MORRISSEY ADRIENNE J. ORBACH SUSAN MILLS RICHMOND

Executive DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director LINDA SURACE

WWBA Member Newsletter

Editor-in-Chief: Julie Kattan • Designed and Printed by IPM Media Group, Inc. (516) 809-0501

DECEMBER 2007DECEMBER 2007DECEMBER 2007DECEMBER 2007DECEMBER 2007Published Monthly by the

Westchester Women’sBar Association, a Chapter ofthe Women’s Bar Association

of the State of New York

2007-2008 WWBA Committee Chairs

S T A N D I N G C O M M I T T E E S

A D H O C C O M M I T T E E S

By Laws ..................................... Laura Freeman, Sonia Lopez Gonzalez

Corporate & Commercial .............................................. Jill C. Owens

Criminal Law ...................... Hon. Sandra A. Forster, Cynthia K. Dunne

Families, Children & the Courts ...... Shari R. Gordon, Hon. Alayne Katz

Hon. Irene Ratner, Lauren B. Abramson

Grievance/Ethics ................. Meredith A. Coleman, Deborah A. Scalise

Judicial Screening ....................... Gail M. Boggio, Lauren I. Glassman

Judiciary ..................... Hon. Sandra A. Forster, Hon. Linda S. Jamieson

Legislation ............................................................ Sylvia Goldschmidt

Matrimonial ........ Frances DeThomas, Kathleen Donelli, Lonya Gilbert

Membership ................... Lauren B. Abramson, Jody Fay, Jean Partridge

Networking ............................................................ Meredith Coleman

WBASNY Nominations ........................ Ann M. McNulty, Lisa Bluestein

New Lawyers ........................ Christina Fahrbach, Richard Gruenberger

Placement .............................................. Amy Gewirtz, Rachel Littman

Programs .................. Dolores Gebhardt, Alicia Gaudio, Lisa Solomon

Public Relations .................................. Donna E. Frosco, Dawn Arnold

Real Property ................................... Phyllis Knight Marcus, Dale Siegel

Taxation ................................... Susan D. Edwards, L. William Fishman

Trusts & Estates ................................. Nancy J. Rudolph, Karen J. Walsh

ADR ................................................. Lauren S. Morrissey, Lynn J. Maier

Annual Dinner .......................................... Julie A. Crek, Dana Brescia

Archive & Historian ...................................................... Susan L. Pollet

Awards ...........................Deborah A. Scalise, Hon. Carole Princer Levy

Bankruptcy .................................. Dawn Arnold, Susan Mills Richmond

Breast Cancer Awareness ........ Natanya L. Briendel, Roberta L. Michael

Community Outreach ........ Stephanie M. Roebuck, Deborah A. Scalise

Continuing Legal Education ..................................... Ann M. McNulty

Directory ................................................................. Cristina Fahrbach

Diversity in Membership ................................. Leicia Grant, Beverly Ma

Domestic Violence ............................................................. Beth Feder

Elder & Health Law ................. Jeffrey S. Goldstein, Mary Beth Morrissey

Employment Law ................... Susan M. Corcoran, Paula Johnson Kelly

Environmental & Land Use ........... Lucia Chiocchio, Anna L. Georgiou

Katherine Zalantis

Gender Dynamics ....................................... Hon. Terry Jane Ruderman

Golf Outing .................................................Claire Meadow, Jody Fay

Holiday Party ................................... Jeanna M. Alberga, Joy S. Joseph

Holiday Party/Crafts ..................................................... Beth Willensky

Immigration ...................... Sonia Lopez Gonzalez, Joanna M. Schaffer

International Women’s Rights ............. Dale Siegel, Mary Beth Morrissey

Lawyering & Parenting ..................... Rita J. Tino, Deb Volberg Pagnotta

Long Range Planning ................. Kathy Rosenthal, Carla D. Glassman

Litigation ........................ Lisa M. Bluestein, Angela Marcone Giannini

Network of Bar Leaders .................................... Dawn Arnold, Jody Fay

Pace Board of Visitors ..................................................... Dawn Arnold

Past Presidents ............ Jane Bilus Gould, Mary F. Kelly, Linda Markowitz

Practice Management .......................... Lisa Solomon, Alicia Sandberg

Pro Bono ......................................... Erin Noelle Guven, Robin Stiebel

Souvenir Journal ....................................................... Lisa M. Bluestein

Technology/Website ................................................... Donna E. Frosco

Westchester County Bar Association Director on WCBA Board

..................................................... Kathleen Donelli, Linda Markowitz

Westchester County Association Member on WCA Board

..................................................................................... Dawn Arnold

WWBA Foundation President ................................... Jane Bilus Gould

WWBA Delegate to WBASNY Judicial Screening Committee

................................................................................. Gail M. Boggio

WWBA Delegate to WBASNY Mentoring Program

............................................................................ Mary Beth Morrissey

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from page 1

President’s Message

One of the best events of the year,the WWBA Holiday Party, will take placeon December 5th. Please see inside fordetails. Special thanks to Joy Joseph andBeth Willensky who took the lead in or-ganizing the party. Expect to see ven-dors selling holiday gifts again this year.Admission is free, but we do ask that youbring a gift item for a teenager.

The Board of the Women’s Bar As-sociation of the State of New York(WBASNY) met in November. In an ex-citing development, the Board voted tosupport legislation on no-fault divorce asproposed by Adam Bradley, the son ofCheryl Bradley, the WWBA's first presi-dent. The Board also voted to support aresolution on judicial pay raises, specifi-cally endorsing the recommendations ofthe Office of Court Administration. I per-sonally feel judicial pay raises are an ex-tremely important issue, essential to main-taining judicial independence, and longover due. The WBASNY Board alsovoted to support a campaign for a state-wide public defender's association, whichwould promote fairness in the judicialsystem for those who cannot afford a law-yer and provide oversight and uniformitythroughout the public defender system.One final note on WBASNY, if you areinterested in an officer position in the or-ganization, nominations are due by Janu-ary 7, 2008.

Not to sound like a broken record,but please visit the website to renew yourmembership if you have not alreadydone so: www.wwbany.org. Your mem-bership is very important to us.

Happy Holidays to everyone! Seeyou at the Holiday Party on December5th!

- Dawn

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We welcome your submissions! The deadline for newsletter submis-sions is the twelfth of the month prior to publication twelfth of the month prior to publication twelfth of the month prior to publication twelfth of the month prior to publication twelfth of the month prior to publication. Submissionsshould be sent as email attachments (do not submit proposed text in thebody of the email itself) to [email protected] (Microsoft Word only otherthan flyers or photographs). Photographs must be high-resolution (150 dpior more). Articles should be 1,000 words or fewer. Authors must spell-check, cite check and blue book all entries before submitting. Remove allpagination, headers, footers or other formatting, other than bold, underlineor italics. We encourage authors to submit their photographs for publica-tion with their submissions. Authors must include a short biographical state-ment with their submissions. (E.g., Lois Lane is a 2006 graduate of Pacelaw school and is awaiting admission to the NY bar; Jimmy Olsen is inprivate practice in White Plains where he concentrates on matrimonial mat-ters).

Please telephonetelephonetelephonetelephonetelephone Julie S. Kattan, 2007-2008, Corresponding Secre-tary and Editor-in-Chief of the WWBA Newsletter, at (914) 235-4750 toschedule all WWBA sponsored or co-sponsored events, including, e.g.,committee meetings, speakers, CLE programs, panels, etc. To view existingevent postings first visit our website: www.wwbany.org and click on the Cal-endar tab. Conflicts in scheduling will be assessed on a case by case basis,with priority for early submissions.

Once you have gotten the date reserved with Ms. Kattan, you can sub-mit an event form online at our website’s calendar tab, which will publicizeyour event on both the website calendar and in the printed newsletter calen-dar. We will also consider event form submissions from outside organiza-tions regarding upcoming events that may be of interest to our members.

Any opinions expressed in the articles contained herein are solely thoseof the author(s) and do not constitute positions taken by the WWBA. Mate-rials submitted allow the WWBA limited copyright and full permission toreprint the material in any WWBA publication or on its website without addi-tional consent.

Members who wish to receive the newsletter electronically only shouldemail [email protected] with that request.

A d v e r t i s i n g R a t e s

Deadline for all ads is the 12th of the month prior to publication.Call Julie Kattan at (914) 235-4750 for any questions regarding advertising.

Full Page Display Ad5-10 Issues - $525.00 per issue • 1-4 Issues - $575.00 per issue

Half Page Display Ad5-10 Issues - $275.00 per issue • 1-4 Issues - $300.00 per issue

Quarter Page Display Ad5-10 Issues - $165.00 per issue • 1-4 Issues - $180.00 per issue

Making Dates and Getting Published

Whichever holiday you celebrate, or whether or not you celebrate anyholiday, may the joy the holiday season brings be with you and yours.

- JK

Editor’s Note

“Thank you all for thejoys and accomplishments

of 2007. I truly lookforward to continuingour mission in 2008.”


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AN INTERVIEW WITH PAST-PRESIDENTKATHLEEN DONELLI, ESQ.

Q. You have been so ac-tive in the WestchesterCounty Bar Associationand as Past President of theWhite Plains Bar Associa-tion. What keeps you in-volved in the WestchesterWomen’s Bar Association?A. All of the bar associa-tions that I have been in-volved with provide excel-lent opportunities to net-work with other lawyers,improve legal skills andknowledge and advanceour legal profession. TheWWBA, however, is par-ticularly focused on ex-panding opportunities inthe law for women and onissues affecting families.With over 650 members,the WWBA is the largestChapter in our parent or-ganization of the Women’sBar Association of the Stateof New York, which we af-fectionately call“WBASNY.” ThroughWBASNY, we are able tolobby for legislativechange that will have apositive impact on womenand families. WBASNY iscurrently working to enactAssemblyman AdamBradley’s No-Fault Divorcebill. Adam has been anactive WWBA member: hismother, the Hon. Cheryl J.Bradley, was the First Presi-dent of the WWBA. Adamand other NYS legislatorsare particularly influenced

by WBASNY’s support for thisbill, since the National Orga-nization of Women and somedomestic violence advocateshave remained opposed toNo-Fault divorce.

Q. In your view, what were thegreatest achievements of theWWBA during your Presi-dency?A. Due to the boundless en-ergy, vision and technical skillsof my predecessor, KathyRosenthal, shortly after I be-came president, the WWBAlaunched its website, leadingthe way for other bar associa-tions to do so. We alsopartnered with the NorthernWestchester Shelter and re-ceived a substantial govern-ment grant to help victims ofdomestic violence through theSurvivor’s Law Project. Wealso collaborated with theWestchester County Bar Asso-ciation on many projects, in-cluding cosponsoring an an-nual event to promote diver-sity in the Westchester legalcommunity. The Hon. SamWalker, who was the Presi-dent-Elect of the WCBA at thetime, made a special effort toreach out to the WWBA, invit-ing me to give the invocationat the WCBA Past President’sDinner. In response, during mypresidency, I became moreinvolved in the WCBA andencouraged other WWBAmembers to do so.

Gloria Markuson recentlystated in the WCBA Newslet-

ter that the WWBA representsa “step back in the pages ofhistory” because women arenow accepted as members inthe WCBA, unlike when shestarted practicing law in 1952.Unfortunately, I think her com-ment lacked an understand-ing of the positive relationshipthat has evolved between theWWBA and the WCBA, as co-leaders in the WestchesterCounty legal community.Since I have been practicinglaw, I have never heard a pastleader of the WCBA questionthe need to have a women’sbar association. On the con-trary, the leaders of the WCBAhave recognized that theWWBA has its own interests.

Q. What type of mentorship ismost important for women law-yers?

Kathleen Donelli

Kathleen Donelli was President of theWestchester Women’s Bar Associationfrom 2003 to 2005

A. The best mentorships arethrough the strong bonds thatour members are able to makewith other incredible attorneys,judges and law professors. Iam eternally grateful thatthrough the WWBA, my men-tors include Judge SondraMiller, who is Chief Counselin our law firm, and Prof. JanetJohnson, who I just had the

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continued on page 11

Susan L. Pollet, Archive and Historian Chair


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continued on page 6

Potential Litigation Arising Out of Lead Paint Toy Recallsby Tara C. Fappiano, Esq.

Lead paint litigation is aboutto take a new turn, as millionsof toys, baby bibs, and other re-lated items were recalled this pastsummer by leading toy manu-facturers Mattel and Fisher Price,as well as others.

In one of the largest toy re-calls in recent history, in Augustof 2007, Fisher-Price recalledapproximately a million toys, in-cluding familiar, licensedSesame Street, Dora the Explorer,and other characters, due to highlead paint content. Just twoweeks later, nineteen million ad-ditional toys were recalled world-wide, including 436,000 Pixartoys cited for high lead paintcontent. Then, several weekslater, Mattel announced a thirdrecall including more than800,000 Barbie accessories, in-cluding lead-tainted puppiesand cats, GeoTrax trains and toy

bongo drums.Mattel is not alone. In June

of 2007, toymaker RC2 Corp.was forced to recall 1.5 millionwooden railroad toys and setparts from the Thomas & FriendsWooden Railway product line.Wal-Mart and Toys R Us pulledvinyl baby bibs manufactured byHamco, Inc. from their shelvesfearing lead content, followingwarnings issued by the ConsumerProducts Safety Commission(CPSC) in May of this year. ToysR Us also removed from itsshelves Imaginarium woodencoloring cases manufactured byFuntastic due to lead containedin packaging and black water-color paint. SpongebobSquarepants journals and someadditional Thomas the Tank En-gine and Curious George prod-ucts were also removed fromshelves. Approximately 6,000Robbie Ducky Kids Watering

Cans sold exclusively at Jo-AnnFabrics stores were also recalled.Finally, children’s “Divine Inspi-ration” bracelets manufacturedby Buy-Rite, Inc. and somemetal children’s jewelry manu-factured by Toby N.Y.C. were alsocited as having high levels oflead. This list is not all-inclu-sive.

Lead paint on children’s toyshas been banned in the UnitedStates since 1978. Under cur-rent regulations, children’s prod-ucts found to have more than0.06 percent of lead are subjectto recall.1 However, approxi-mately 80% of all toys sold inthe United States are manufac-tured in China. Indeed, Mattelhas had some of the longest re-lationships with Chinese con-tractors in the industry, produc-ing the first Barbie in China in1959. Reportedly, Mattel re-quires its Chinese toymakers touse paint from eight approvedand certified suppliers but, in thecase of recent recalls, those pro-tocols were not followed. Of late,Mattel has also allowed suppli-ers with which it has long rela-tionships to perform their own toytesting, with Mattel only perform-ing periodic spot-checking.

While Mattel appears tohave taken immediate action totighten controls, remove affectedtoys from shelves, and conductits own testing, it, along withother manufacturers, distributors,and suppliers, is likely to be fac-ing litigation for a long time tocome. In fact, it has alreadybegun.

Identifying the HazardIdentifying the HazardIdentifying the HazardIdentifying the HazardIdentifying the HazardThe recalled toys and other

items fall into very specific cat-egories. Mattel and RC2 Corp.published lists of their recalledproducts on their web sites. Acomplete list of all lead-relatedtoy recalls can be found on NewYork’s Department of Health’sLead Hazard Product Recall WebSite2 or the CPSC’s Web Site.3

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Children should not be per-mitted to play with recalledtoys.

Many stores and manu-facturers are allowing parentsto return recalled products tothe stores for refund or re-placement.4 Some parentsmay opt instead to destroy ordiscard the item. This, how-ever, raises an issue that maybecome apparent in futurelawsuits. In states like NewYork, for example, any manu-facturer being sued may raisea defense of spoliation. Thatis, the defendant may arguethat if a product has beendestroyed, mutilated, alteredor concealed when a party ison notice that the product willbe needed for future litiga-tion, then the action may bedismissed.5 The rationale isthat the defendant has a rightto test or otherwise inspect theproduct to potentially arguethat there is no hazard.6

Because it may not mat-ter that a litigation has notyet been commenced for thesanction of dismissal to beimposed,7 it could be po-tentially be argued that anysuit that is commenced isbarred if the product at issueis no longer available fortesting. The obvious answer,therefore, is for potential liti-gants to either retain the item(safeguarded from their chil-dren) or to provide the manu-facturer, distributor and/orsupplier with notice that anitem that could be the sub-ject of a future claim is avail-able for independent testing.

Identifying PIdentifying PIdentifying PIdentifying PIdentifying PotentialotentialotentialotentialotentialDamagesDamagesDamagesDamagesDamages

The CPSC states thatyoung children are most com-monly exposed to lead in con-sumer products from the di-rect mouthing of objects, or

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from handling such objects and subse-quent hand-to-mouth activity.8 Thus, ifa child has been frequently chewing onor placing a recalled toy in his or hermouth, in consultation with a physician,that child should probably be tested forlead.9 Many states, such as New York,require routine blood testing at ages oneand two.10

The CPSC discusses the adversehealth effects of lead poisoning in chil-dren and the “subsequent risk of adversehealth effects” that may develop from anaccumulation of lead in the blood.11

These effects include neurological dam-age, delayed mental and physical de-velopment, attention and learning defi-ciencies, and hearing problems.12 Assuch, many times symptoms will not be-come apparent in children exposed tolead for significant periods of time.

Due to tolling provisions in manystatutes of limitations, a lawsuit arisingout of exposure to lead in recalled toysmay not be commenced for many, manyyears. With the exception of Connecti-cut, all states do apply a toll for minorplaintiffs. Nationwide, the statutes oflimitations may begin to run at the ageof 18, 20, or even 21 and the plaintiffmay have from one to six years, depend-ing upon the jurisdiction, to commencesuit. Even if the product at issue is stillavailable for inspection by the time thesuit is commenced, it may be very diffi-cult to prove that any adverse health ef-fects are necessarily related to the recalledtoy. There are many sources of lead inthe environment and there are many rea-sons why a child may exhibit adversehealth effects. Therefore, the issue ofproximate cause is certain to be a sig-nificant defense to any claim arising outof the lead paint toy recalls.

In this regard, a claimant, particu-larly one who still possesses the recalledtoy, will fare better if he or she has beentested for lead paint at or around thetime that the toy was removed from hisor her environment. According to theCPSC, the scientific community gener-ally recognizes a level of 10 microgramsof lead per deciliter of blood as a thresh-

old level of concern.13 Many litigants, how-ever, will argue that lead can have an ad-verse effect at an even lower level and ef-forts are continuing to be made to have theCenters for Disease Control formally reducethe threshold level of concern, though thusfar the CDC has declined to do so.14

The lead paint toy recall has alsospurned the “medical-monitoring” debate.At the time of this writing, class action lawsuits have already been filed against Matteland RC2 Corp. Because there is not yetany evidence of physical harm, the suitsdemand that the companies pay for medi-cal tests for children in possession of therecalled toys.15 Thus, the tests would pur-portedly determine which plaintiffs are ableto bring cases against the manufacturers.

Whether such suits should be allowedto proceed depends largely upon the juris-diction where they are filed. Fifteen states,including California and Illinois, whereMattel and RC2 Corp. are, respectively,headquartered would likely allow such law-suits.16 However, Justice Stephen Breyer, ofthe Supreme Court of the United States, writ-ing for the majority in Metro-North v.Buckley, expressed the Court’s “uneasiness”with the remedy and that it was “troubled”by medical monitoring in general.17 In thatcase, the claimant sought damages andmedical monitoring costs associated with hisexposure to asbestos, though there had notbeen any physical harm. The Supreme Courtheld that when there has been recovery formedical monitoring in the absence of physi-cal injury, traditional tort law does not allowfor a lump sum recovery without certain spe-cial limitations on the remedy.18 Thus, inBuckley, the Court held that the commonlaw did not support the unqualified rule oflump-sum damages recovery that had beenallowed by the Second Circuit.19 However,what type of recovery should be permitted, ifany, was left unresolved and likely could bedetermined in the context of the Mattel andRC2 Corp. class action suits in the near fu-ture.

No matter the outcome, it is clear thatthe litigation landscape will be peppered withclass action and individual claims arisingout of the recent lead paint toy recalls for along time to come.

1 16 C.F.R. Part 1303.2 www.health.state.ny.us/environmental/lead/recalls/3 www.cpsc.gov4 Visit www.mattel.com or www.rc2corp.com to re-view the refund/replacement policies of these com-panies.5 See CPLR 3126 (2)-(3) (McKinney 2007); Kirklandv. New York City Housing Auth., 236 A.D.2d 170,173, 666 N.Y.S.2d 609 (1st Dep’t 1997); DiDomenicov. C&S Aeromatik Supplies, Inc., 252 A.D.2d 41, 43,682 N.Y.S.2d 452 (2d Dep’t 1998).6 DiDomenico, supra.7 See Bear, Sterns & Co. v. Enviropower, LLC, 21A.D.3d 855, 855-56, 804 N.Y.S.2d 54 (1st Dep’t2005).8 www.cpsc.gov/businfo/leadguid.html (Sept. 9,2007).9 The CPSC also advises consumers to exercise cau-tion in relying on lead test kits available for pur-chase by the consumer, referring consumers insteadto qualified laboratories using proper techniquesand interpretation of results by qualified toxicolo-gists. Id.10 http://www.nyhealthgov/environmental/lead/re-calls/questions_and_answers.htm (Sept. 9, 2007).11 www.cpsc.gov/businfo/leadguid.html (Sept. 9,2007).12 Id.13 Id.14 See generally, Preventing Lead Poisoning in YoungChildren: A Statement by the Centers for DiseaseControl and Prevention, U.S. Dep’t of Health andHuman Servs. (August 2005) at http://www.cdc.gov/nceh/lead/publications/PrevLeadPoisoning.pdf.15 See Badillo v. American Brands, Inc., 117 Nev. 34,16 P.3d 435, 438 (N.V. 2001) (discussing generallymedical monitoring claims).16 See, e.g., Petito v. A.H. Robins Co., 750 So. 2d103 (Fla. Dist. Ct. App. 2000); Bower v.Westinghouse Elec. Corp., 206 W. Va. 133, 522W.E.3d 424 (W. Va. 1999); Bourgeois v. A.P. GreenIndus., Inc., 716 So. 2d 355 (La. 1998); RedlandSoccer Club, Inc. v. Dep’t of the Army, 548 Pa. 178,696 A.2d 137 (Pa. 1997); Potter v. Firestone Tire &Rubber Co., 6 Cal. 4th 965, 863 P.2d 795 (Cal.1993); Hansen v. Mountain Fuel Supply Co., 858P.2d 970 (Utah 1993); Meyerhoff v. Turner Constr.Co., 210 Mich. App. 491, 534 N.W.2d 204 (Mich.Ct. App. 1995); Burns v. Jaquays Mining Corp., 156Ariz. 375, 752 P.2d 28 (Ariz. Ct. App. 1987); Ayers v.Township of Jackson, 106 N.J. 557, 525 A.2d 287(N.J. 1987); see also Carey v. Kerr-McGee Corp.,999 F.Supp. 1109 (N.D. Ill. 1998) (applying Illinoislaw).17 521 U.S. 424, 441, 443 (2001).18 521 U.S. at 440-41.19 521 U.S. at 444.

Tara C. Fappiano, Esq. is a founding partner ofHavkins, Rosenfeld, Ritzert & Varriale, LLP. Sheconcentrates her practice in toxic torts, environ-mental, labor law, and products liability litiga-tion and is the Co-Chair of the EnvironmentalLaw Committee and Legal Referral ServicesCommittee for the Westchester County Bar As-sociation.

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Potential Litigation Arising Out of Lead Paint Toy Recallsfrom page 6 ○

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Westchester Women’s Bar Committee Activities

Practice Management

On Wednesday, October 24, the Practice Management Com-mittee presented “Do Your Clients Like Your Fees? How to Createa Fee Structure that Works for You and Your Clients” to a smallbut enthusiastic group of lawyers interested in learning all aboutalternative billing arrangements.

The informative program was presented by Allison Shields,Allison Shields,Allison Shields,Allison Shields,Allison Shields,Esq.Esq.Esq.Esq.Esq., a practice management consultant and former law firmadministrative partner. In a lively discussion that extended half anhour past the scheduled end time, Allison demystified why, when,and how to implement alternative billing arrangements such asflat-fee, “fixed fee” and “staged” billing. Attendees in a wide va-riety of practice areas-including matrimonial, commercial litiga-tion and immigration, among others-and with a similarly widerange of experience-from law students to established practitio-ners-came away with a clear understanding of this topic.

Allison’s cogent advice on a variety of practice managementtopics will be regularly featured in the Practice Management Tipscolumn. Turn to page 9 for this month’s tip, “Need to Get Controlof Your Practice? Systems May be the Key.”

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Trusts and Estates

Ethics: Fees – Conflicts – Engagement Letters. What do youdo when your client writes to the Grievance Committee becausethey think you charged them too much? Who are you represent-ing when parents with their adult children come in to you forplanning? Have you covered, in your engagement letter, poten-tial conflicts when you represent couples, or family members ofdifferent generations, or fiduciaries?

The Trusts & Estates and The Elder & Health Law Committeeswill be presenting a program on Tuesday, January 15, 2008 from5:30 to 8 p.m. with Deborah Scalise Deborah Scalise Deborah Scalise Deborah Scalise Deborah Scalise and RRRRRobert Fobert Fobert Fobert Fobert Freedmanreedmanreedmanreedmanreedmanas the speakers. Deb Scalise is a WWBA member, and a partnerat Scalise & Hamilton, LLP, in Scarsdale, and Bob Freedman is apartner at Freedman, Fish & Grimaldi, in New York City. Bob,who focuses on Elder Law and Trusts & Estates practice, and Deb,who represents attorneys on ethics issues, are both frequent lec-turers for various bar associations and others.

For more details, please contact Karen Walsh at [email protected].

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New Directions: Moving Up and Out

In early 2006, AmyGewirtz - a director of WWBAand Associate Director,Alumni Counseling & Rela-tions, Pace University Schoolof Law Center for Career De-velopment -- had an inspi-ration. Given the recent pub-lic focus on assisting stay-at-home moms (and others whohave left the workforce forother reasons) back to work,why not a program to helpnon-practicing lawyers tran-sition back into the legalarena? Within months, PaceLaw School and theWestchester Women’s Bar As-sociation, in close allegiance,began creating New Direc-tions: Practical Skills for Re-turning to Law Practice. AsCo-Chair of the WWBA Law-yering and Parenting Com-mittee, Pace offered, and Iaccepted, the opportunity to

direct the program. Then-DeanStephen J. Friedman (now Presi-dent of Pace University) gave us aresounding green light, and off wewent.

Momentum gathered swiftly.Pace and WWBA jointly designeda 3-part program: a forty-hourbootcamp week focusing on criti-cal “soft skills” such as up-to-dateonline legal research and writingskills, networking and career ca-pabilities, client interviewing andmanagement, and ethics (alto-gether worth 21 CLE hours). Then,10 weeks of substantive lectureson a variety of issues relating tomatrimonial practice (2 half-daysa week). (While we chose to fo-cus on matrimonial law as thesubstantive base for the 2007 pro-gram, we designed the programto provide highly transferable skillsand knowledge bases. As you willsee below, many of our participantshave chosen to follow paths otherthan matrimonial.) Finally, werequired a 10 week externship foreach participant, of their choicesubject to our approval. On May

21, 2007, we opened ourdoors for the bootcamp week;and on December 4, 2007, wewill be awarding certificates ofcompletion to our 13 amaz-ing and successful partici-pants.

We are deeply proud ofthe program. WWBA mem-bers and other members of ourWestchester legal communitycontributed mightily, givingmany hours of presentationsand insights during thebootcamp and subsequent tenweeks of lectures. Deb Scaliseshone a light onto ethics forlawyers. Steven Jon Levineprovided a clear overview ofthe framework of matrimoniallaws. The Hon. EstherFurman spoke about spousaland child support. LorenGlassman provided nuts-and-bolts information on draftingpleadings. The Hon. AnthonyScarpino and Hon. AlanScheinkman provided rich in-sights into courtroom skills,and the Hon. Alayne Katz ex-

plained separation agreementsand stipulations of settlement.Joan Moo Young and Liz SwireFalker (the “storklawyer”) dis-cussed some of the fascinatinglegal issues relating to diverseways to create a family, whetherby adoption or more high-techoptions (e.g., who gets the fro-zen embryo if the couple splitsup). Kathleen Donelli and theHon. Sondra Miller engaged ourparticipants in spirited discus-sions relating to collaborativematrimonial law and mediation.

Pace faculty and friends alsoweighed in. Professor MerrilSobie discussed the state matri-monial court system. ProfessorGary Munneke explained howto draft a retainer agreement.Professor Vanessa Merton ex-plained how immigration lawsimpact and interweave with fam-ily law. And Professor BridgetCrawford shed light on the im-pact of the tax code on matri-monial practice. Jane Aoyama-Martin, Director of Pace

Deb Volberg Pagnotta, Esq.Director, New DirectionsCo-Chair, Lawyering andParenting Committee, WWBA

continued on page 10


NEED TO GET CONTROL OF YOUR PRACTICE?Systems May Be The Key

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One way to reduceanxiety and to bring back thefocus is by creating systems.Not everything that is done ina law office (or, indeed every-thing that lawyers themselvesdo) requires you to begin fromscratch every time.

Readers of MichaelGerber’s E-Myth may be won-dering how a law practice (orany professional service) canbenefit from Gerber’s ap-proach to “franchising” yourpractice. Although innovation,individual judgment and cre-ation of legal arguments andstrategies on individual mat-ters cannot be systematized,there are many things in a lawpractice that can be.

Why systematize? Notonly does creating a structure,systems and procedures foryour practice help reduce anxi-ety, but it increases consistencyand makes outsourcing anddelegating much easier. Ifthose systems/structures/pro-cedures are also written, train-ing new staff, associates, etc.becomes a much less daunt-ing task-and it gives the newemployee a reference to comeback to when questions arise.

What kinds of things canbe systematized in a law prac-tice? Anything that is donerepetitively can be system-atized - at least in part. Sys-tems can include checklists,

procedures, templates andforms.

Some examples of tasks orprocesses that can be system-atized within a law firm include:

❏ Potential client interviews;❏ Intake;❏Conflicts checking;❏Depositions;❏Obtaining medical records

and/or other evidence;❏Day to day file handling;❏Billing and accounts

receivable;❏Closing files;❏Client contact;

For example, to create asystem for intake/initial consul-tation, you might:

Determine what informa-tion you need to obtain fromevery client (or every clientin a particular practicearea). Although every mat-ter is different, you shouldknow at least the categoriesof information you need toobtain from clients during aninitial interview or consulta-tion, the documents you’llneed to obtain, etc.;

Create a checklist orquestionnaire for use withevery client so you don’t for-get anything;

Create templates or formletters to follow up with po-tential clients that haven’t yetsigned an agreement;

Create templates or forms

for your retainer agreementand engagement letter;

Create a timeline or list ofitems to follow up on afterthe initial intake, and enterany deadlines or follow updates into your calendar sys-tem for follow up. Part of yoursystem will include WHO willdo WHAT (i.e. perhaps thelawyer does the initial con-sultation, but a staff mem-ber enters the informationinto the computer, e.tc.)

Do you need to createDo you need to createDo you need to createDo you need to createDo you need to createsystems if you have a casesystems if you have a casesystems if you have a casesystems if you have a casesystems if you have a casemanagement program?management program?management program?management program?management program?

Absolutely. Systems workhand in hand with case man-agement and document man-agement programs. In fact,those programs will be of lim-ited value if you don’t use themconsistently and apply them con-sistently to all of your matters.

Where should you start?Where should you start?Where should you start?Where should you start?Where should you start?One easy way to get started

is by working on your procedures

December Practice Management Tip

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Allison Shields is the Founder andPresident of Legal Ease Consult-ing, Inc., a consulting firm thathelps lawyers create productive,profitable and enjoyable prac-tices. Visit her website at:www.LawyerMeltdown.com andsee her blog,www.LegalEaseConsulting.comfor more information about howto improve your practice.

○ ○ ○ ○ ○ ○ ○

Allison Shields

“Not only doescreating a

structure, systemsand procedures foryour practice helpreduce anxiety, but

it increasesconsistency and

makes outsourcingand delegatingmuch easier.”

Although the practice of law requires you to“think like a lawyer,” it’s tough to do substantivelegal work or to focus well if you’re distractedby piles of clutter in your office or anxiety abouthow you’re going to get it all done.

as you’re working on an in-dividual case or matter; asthe case progresses, keeptrack of the steps you (andothers) take on the matter,and the things you need toremember. Create thechecklists, templates, etc. asit goes along. If it’s easierfor you to dictate as you’reworking, dictate the stepsand have it transcribed intoa written procedure.

DonDonDonDonDon’t keep your’t keep your’t keep your’t keep your’t keep yoursystems to yourselfsystems to yourselfsystems to yourselfsystems to yourselfsystems to yourself

Share your systems andprocedures with others inyour office so they can pro-vide their input and updatethe procedures and systemsas necessary. When every-one knows who is respon-sible for what and when,your office will run muchmore smoothly.


❑ FFFFFrances M. Prances M. Prances M. Prances M. Prances M. Pantaleo, Esq.antaleo, Esq.antaleo, Esq.antaleo, Esq.antaleo, Esq. has been elected a Fellow of the New York BarFoundation. The New York Bar Foundation is the charitable arm of the New York StateBar Association. Election as a Fellow of the Foundation recognizes “outstanding pro-fessional achievement...dedication to the legal profession and...commitment to theorganized bar.” Fellows assist the Board in identifying potential grant projects andother causes that may benefit from the Foundation’s assistance.

❑ Hon. Sandra A. FHon. Sandra A. FHon. Sandra A. FHon. Sandra A. FHon. Sandra A. Forsterorsterorsterorsterorster won re-election as Greenburgh Town Justice for anotherfour year term.

Notes on Members

Chapter News and Announcements MOVING UPAND OUT

I was recently at a meeting of executive business women. The speaker asked for ashow of hands: “If any of you have survived breast cancer or are currently receivingtherapy for the disease, please raise your hands and keep them up.” “If any of youhave family or friends afflicted with or survivors of breast cancer, please raise yourhands as well.” “If any of you have colleagues or acquaintances so afflicted pleaseraise your hands.” “Look around the room.” Virtually everyone in this meeting of 80women had her hand raised. Likely, there would be a similar show of hands at ourAssociation.

The challenge for a cure is clear. The Westchester Women’s Bar Association is notan organization to shy away from a pressing need or its challenges. It is not surprising,therefore, that among the 17,000 5K Westchester walkers on Sunday, October 21stwas team WWBA, a contingent representing our Association under the leadership ofTanya Briendel.

It was sad to see groups walking in memory of a lost loved one or friend. It wasemotional to see women with bandanas covering their bald heads as they continue tostruggle through the distressing effects of chemotherapy. It was joyful to see walkers inpink shirts and caps marked “SURVIVOR.” The sun shown beautifully that day. Hopepermeated throughout. The atmosphere clearly reflected the March’s theme “HopeStarts With Us”.

Our team raised over $500 in donations made to sponsor our walkers. A greatstart. Donations can still be made in support of the WWBA team by going to theAmerican Cancer Society website www.cancer.org/stridesonline . For next year, we’reaiming for more walkers and more sponsors so that by the time the young survivordaughters’ little girls grow up, the scourge of this dreaded cancer will be history.

Thanks and God Bless for your love, encouragement and support.

WWBA Team Effort for Strides AgainstBreast Cancerby Claire Meadow

The 10th Annual “Celebration of Justice for“Celebration of Justice for“Celebration of Justice for“Celebration of Justice for“Celebration of Justice forWWWWWomenomenomenomenomen””””” Dinner was held on October 18, 2007.Many WWBA members joined in showing their on-going support of the Pace Women’s Justice Center.The evening included an incredible silent auctionand beautiful dinner. This event reinforced theCenter’s message that community support is essen-tial to its mission to end violence against women.

Celebration of Justicefor Women Dinner

Hon. Francis Nicolai, Hon. TerryJane Ruderman, Jane Aoyama-Martin, Executive Director PaceWomen’s Justice Center, and DawnArnold(Photo by Margaret Fox Photography)

Women’s Justice Center, and EmilyRuben of the Legal Aid Society of NewYork addressed heartwrenching issues ofdomestic violence. Assistant Dean MarkShulman provided some of the finerpoints on proper - and improper -- le-gal writing. Amy Gewirtz spent many,many hours assisting the participants pre-pare resumes, prepare for interviews, andthink through complex career issues.

We are equally, if not more, proudof our participants. Coming in the door,13 participants (12 women, 1 man) ar-rived from diverse backgrounds. Somehad practiced law with large firms, somewith small, some in government, andsome had never practiced at all. Eachbrought their own unique set of experi-ences, skills and hopes. Each worried,whether privately or publicly, if this was“do-able.” And each was determinedto move forward into a new phase of heror his life, in a thoughtful, careful andpragmatic way.

By mid to late summer, we beganassisting the participants in finding justthe right externship. Participants are re-quired to work with a closely supervisingemployer for 10 weeks/150 hours on le-gal issues. Each participant made theirown distinctive choice: one is workingwith a local law firm (Silverman, Bikkal& Sandberg) on immigration issues; an-other with the Criminal Appeals Bureauof the Legal Aid Society of New York;one with Westchester-based Pro BonoPartnership; one with the Pace Women’sJustice Center; yet another with the NewYork State Attorney General’s Office; andanother with a NYC-based theatricalinstitution. At least two have been of-fered permanent positions. All are mov-ing forward with updated resumes, re-freshed skill-sets both substantive andprocedural, renewed self-confidence andexcitement about the future. Most im-portantly, they are moving with purposeand clarity and truly in a new direction.

For more information, checkwww.law.pace.edu, call us at914.997.8888 or 914.422.4606, oremail Amy Gewirtz [email protected].

from page 8


The Westchester Women’s Bar Association proudly welcomes our newest members:○

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LALALALALAURA ALCOURA ALCOURA ALCOURA ALCOURA ALCOTTTTTTTTTT, ESQ., ESQ., ESQ., ESQ., ESQ.The Dorf Law Firm

740 W. Boston Post Road, Suite 304Mamaroneck, New York 10543

(914) 381-7600E-mail: [email protected]

Corporate/Commercial,Land Use/Zoning,

Real Estate

DEANNA COLLINSDEANNA COLLINSDEANNA COLLINSDEANNA COLLINSDEANNA COLLINS3660 Waldo Avenue, Apt. 5A

Bronx, New York 10463(301) 651-7094

E-mail: [email protected] Student

JONAJONAJONAJONAJONATHAN ENGELTHAN ENGELTHAN ENGELTHAN ENGELTHAN ENGEL5319 Route 9W

Newburgh, New York 12550(845) 542-2287


MICHELLE L. GREENBAUMMICHELLE L. GREENBAUMMICHELLE L. GREENBAUMMICHELLE L. GREENBAUMMICHELLE L. GREENBAUMSilverberg Zalantis LLP

3 Barker Avenue, Suite 180White Plains, New York 10601


Graduate Awaiting Admission

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Westchester Women’s Bar Association New Members

KENDRA GOODMANKENDRA GOODMANKENDRA GOODMANKENDRA GOODMANKENDRA GOODMAN, ESQ., ESQ., ESQ., ESQ., ESQ.Rattet, Pasternak & Gordon Oliver, LLP550 Mamaroneck Avenue, Suite 510

Harrison, New York 10528(914) 381-7400

E-mail: [email protected], Creditor’s Rights

SAMANTHA L. HILLSAMANTHA L. HILLSAMANTHA L. HILLSAMANTHA L. HILLSAMANTHA L. HILL455 North Broadway, #30Yonkers, New York 10701


Law Student

KAREN LKAREN LKAREN LKAREN LKAREN L. JOHANSEN. JOHANSEN. JOHANSEN. JOHANSEN. JOHANSEN, ESQ., ESQ., ESQ., ESQ., ESQ.Pace Women’s Justice Center

78 North BroadwayWhite Plains, New York 10603


Domestic Violence, Family Law,Academia/Legal Education

WILLIAM KANGWILLIAM KANGWILLIAM KANGWILLIAM KANGWILLIAM KANGKeane & Beane, PC

445 Hamilton Avenue, 15th FloorWhite Plains, New York 10601


Graduate Awaiting Admission

JULIE PIZZEYJULIE PIZZEYJULIE PIZZEYJULIE PIZZEYJULIE PIZZEY70 Virginia Road, Apt. 2D

White Plains, New York 10603(914) 456-7268


CHRISTINA ROMANOCHRISTINA ROMANOCHRISTINA ROMANOCHRISTINA ROMANOCHRISTINA ROMANO, ESQ., ESQ., ESQ., ESQ., ESQ.2168 Central Park AvenueYonkers, New York 10710


Family Law, Criminal Law

KRISTEN KELLEYKRISTEN KELLEYKRISTEN KELLEYKRISTEN KELLEYKRISTEN KELLEYWILSONWILSONWILSONWILSONWILSON, ESQ., ESQ., ESQ., ESQ., ESQ.

Thacher Proffitt & Wood LLP50 Main Street

White Plains, New York 10606(914) 421-4115

E-mail: [email protected], Land Use/Zoning,

Litigation (Civil/Commercial)

AMY ZAMENICKAMY ZAMENICKAMY ZAMENICKAMY ZAMENICKAMY ZAMENICK108 Meriline Avenue

New Windsor, New York 12553(914) 805-2719


AN INTERVIEW WITH KATHLEEN DONELLI, ESQ.from page 4

Susan L. Pollet is Counsel and Director of New York State ParentEducation & Awareness Program and may be contacted at :140 Grand Street, White Plains, New York 10601Work Cell #: 646-483-3536

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honor of presenting with this year’s Leadership Award at theAnnual Pace Law School dinner. These amazing women, to-gether with all of the past presidents of the WWBA and othermen and women I have met through the WWBA, continue toinspire and motivate me to be a better lawyer and person.

Q. What are the remaining challenges for women attorneys?A. The leadership of the WWBA is now in the very dedicatedand talented hands of our “post baby boomer” generation.While these younger women have not experienced the samedegree of gender bias that many of our founding memberssuffered, the challenges they face are no less daunting: bal-ancing career and family, while using the wonderful opportu-nities we have been given through our legal education to im-prove life for others.

Q. As a partner in a law firm, what is your advice for womenfollowing in your footprints?A. Choose your partners and clients well, work hard andmaintain your integrity.

Q. You give so much to the Westchester community, toPace Law School and to your family. What keeps youmotivated?A. I have always received more from the Westchester com-munity, Pace Law School and my family than I have given.It’s easy to remain motivated when the rewards are so plen-tiful.

WWBA is a chapter of WBASNY which is an approved provider of CLE credit. Full and partial scholarships for CLE programs basedon financial need are available. For information on the guidelines and procedures for applying, please contact the person running

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.

Westchester Women’sBar Association

45 Knollwood Road, 3rd FloorElmsford, New York 10523

(914) 347-3662www.wwbany.org

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGEAT WWW.WBASNY.ORG.

WWBA Schedule of Upcoming Events

PLEASE REMEMBER TO RECYCLE

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COMMITTEE DATE/TIME PLACE TOPIC RSVP WWBA 12/5/07

5:30-7:30 p.m. No Charge

Women’s Club of White Plains

Holiday Party

WWBA Board Meeting

12/12/07 Light Supper & Meeting 5:30-8:00 pm

The Bank of New York 701 Westchester Ave White Plains, NY

Board Meeting Dawn Arnold at 914-381-7400 if you are unable to attend

WWBA Board Meeting

1/9/08 Light Supper & Meeting 5:30-8:00 pm

The Bank of New York 701 Westchester Ave White Plains, NY

Board Meeting Dawn Arnold at 914-381-7400 if you are unable to attend

Matrimonial Committee

1/17/08 5:30-7:00 p.m. Cost: $10

Hyman & Gilbert 1843 Palmer Avenue Larchmont, NY (914) 833-5297

Recent Updates in the QDRO and Valuation World

RSVP to Kay Mochulsky (914) 967-2114 or [email protected]

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