Victor Schwartz Tort Law Chair Established
Cincinnati, OH - The University of Cincinnati College of Law has established the Victor E. Schwartz Chair in Tort Law to be dedicated to teaching and scholarship in the field of torts. The chair is named for renowned Washington DC lawyer and beloved former University of Cincinnati College of Law professor and dean, Victor E. Schwartz, in honor of his career as a teacher, scholar, and practicing attorney in the field of tort law.
Louis D. Bilionis, Dean and Nippert Professor of Law, at the College of Law observed, “Victor was a powerful presence at the College, revered for his passion for teaching, for legal scholarship, and for the well-being of his students. It is only fitting that we establish a chair in his name that recognizes faculty excellence in the field of torts.” Mr. Schwartz has continued his association with the College of Law, serving on the College’s Board of Visitors.
Mr. Schwartz is a partner in the Washington DC office of law firm Shook, Hardy & Bacon LLP. He chairs its Public Policy Group. The focus of the practice is to integrate litigation, government affair, and public relations, developing public policy issues that will help improve the civil justice system. Mr. Schwartz has an active appellate practice, and advises product manufacturers on liability prevention, litigation, and public relations issues.
Complementing his legal practice, Mr. Schwartz served as chair of the Federal Inter-Agency Task Force on Product Liability at the Department of Commerce and the Federal Inter-Agency Council on Insurance. He is the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence for his work.
Attorneys and law students alike recognize him as co-author of “Prosser, Wade & Schwartz’s Torts,” the most widely used casebook in the nation and which is now in its 12th edition. He is also author of the leading text, “Comparative Negligence.” Mr. Schwartz is the author of more than 150 law review articles addressing almost every major aspect of modern tort law and the administration of justice in civil litigation. Indeed, some of his most recent articles have focused on stare decisis in tort law, global warming, the law of public nuisance, and a guide to judges on interpreting consumer protection acts.
Well-known by print and broadcast media, Mr. Schwartz has provided legal analysis and insight for newspapers such as The Wall Street Journal, The Washington Post, and The New York Times, along with appearances on 60 Minutes, Oprah, and network news programs. He is the recipient of numerous honors, including being listed as a Washington DC Super Lawyer for several years, being named one of Washington DC’s Top 30 “Visionary” lawyers of the past 30 years (The Legal Times), and being named one of the 100 most influential lawyers in the United States (the National Law Journal).
Funding the endowment of the Chair was initiated by Mr. Schwartz’s former law students. The long range endowment goal for the Chair is $2,000,000. Interest from that endowment will be used to encourage excellence in the teaching and writing in the subject of tort law. Apart from former students, Mr. Schwartz’s friends, law colleagues and Mr. Schwartz himself have helped contribute to this endowment. Names of contributors will be kept private unless a benefactor wishes to let folks know that his or her name or business helped promote the goals of the Chair.
CORRECTION: A previous version of this release erroneously reported that a $2 million gift in support of the chair had been made by Mr. Schwartz himself. That is incorrect and we regret the error and any confusion.
Louis F. Gilligan '86, Receives the Cincinnati Bar Association John P. Kiely Professionalism Award
Presented at the Cincinnati Bar Association’s Annual Meeting on April 27, the award recognizes trial lawyers who possess outstanding trial skills and demonstrate the highest degree of professionalism, civility and ethical standards in their daily practice
For the first seven years of his practice, Gilligan’s work involved essentially every area of law including all types of litigation, business representation of individuals, small and large corporations in a variety of business matters, including banking, leasing, insurance law issues, bankruptcy and zoning. In 1978, Gilligan was appointed one of the lead counsel in the Beverly Hills Supper Club fire litigation, which was the first mass disaster class action in the United States. As a result of spending more than seven years on that case and other litigation matters, Gilligan’s practice of law centered on litigation from that point forward. He has practiced with the law firm of Keating Muething & Klekamp PLL since 1970, where he is now a senior partner and one of two general counsel for the law firm. In addition to practicing litigation before state and federal courts, Gilligan also has had extensive practice in arbitration and mediation and has served as a Special Master for the United States District Court, Southern District of Ohio.
Gilligan was named the “2012 Cincinnati Best Lawyersâ Personal Injury Litigation—Defendants Lawyer of the Year,” and he has been listed in The Best Lawyers in America since 1989. He has been named to Ohio Super Lawyersâ since 2004.; Gilligan was named a Fellow of the American College of Trial Lawyers in 1985, and he has been an Advocate in the American Board of Trial Advocates since 1989, serving as president in 2012.Gilligan received the 2011 Distinguished Alumni Award from the University of Cincinnati College of Law.
Gilligan earned his J.D. from the University of Cincinnati College of Law in 1968 and his B.S. from the University of Scranton in 1965. He has served on the University of Cincinnati College of Law Dean’s Board of Visitors and on the Board of Trustees, Governance Committee, of The Good Samaritan Hospital Foundation.
About Keating Muething & Klekamp PLL
The law firm of Keating Muething & Klekamp PLL (KMK®), based in Cincinnati, Ohio, is a nationally-recognized law firm delivering sophisticated legal solutions to businesses of all sizes — from Fortune 100 corporations to start-up companies. Chambers USA: America’s Leading Business Lawyers® 2012 recognized KMK as a leading law firm in Ohio in Bankruptcy & Restructuring, Corporate and Mergers & Acquisitions, and General Commercial Litigation. KMK was named the Commercial Litigation Firm of the Year— USA by Finance Monthly's Law Awards 2011. The 2011 Super Lawyers® Business Edition named KMK the Top Large Law Firm in Ohio in Business and Transactions Law. KMK received 28 first tier rankings in the 2011-12 Best Law Firms survey (Metropolitan Cincinnati) by U.S. News and Best Lawyers. Founded in 1954, KMK has approximately 105 lawyers and a support staff of 150 employees. Additional information is available at www.kmklaw.com.
From Bearcat Basketball to the Business World, David Tenwick Values His UC Experience
When reflecting on everything he has accomplished to date, it is clear how special the University of Cincinnati is to David Tenwick ’62. “I’m proud to be a UC graduate,” said Tenwick, who currently is Chairman of AdCare Health Systems, Inc., a long-term care business he founded in 1991. “I owe much of my success to the education I received at UC and to the valuable lessons I learned in the process.”
Tenwick, who received a bachelor of business administration degree in 1960 before earning his J.D. in 1962, has been impacted by the university throughout his life, through both his ups and his downs. After hearing his story, it is no surprise that Tenwick is giving back to the University, as he and his wife, Anne, are lifetime benefactors.
The Lakewood, Ohio, native is also currently putting together a scholarship fund for athletes at UC who hope to attend law school after they graduate. After all, that is the path he took.
Start of a legacy
As an avid tennis player growing up, Tenwick traveled around the Midwest region competing in tournaments. He also played basketball and hoped to have the opportunity to play both sports in college. Between his interest in staying in Ohio and knowing that the Bearcats’ basketball team schedule took them to New York’s Madison Square Garden, UC seemed like the right fit for Tenwick.
In his senior year with the basketball team, Tenwick was starting alongside a guy known as “The Big O.” That year, the Oscar Robertson-led Bearcats went to the Final Four, ultimately finishing in third place.
“We were the first UC team to go to the Final Four,” said Tenwick, noting it was the first of UC’s remarkable five consecutive Final Four appearances, which included the 1961 and 1962 National Championships.
While Robertson and other members of the 1958-59 squad went on to play professionally after college, Tenwick saw law school as his best opportunity to follow through with his dreams of becoming a successful entrepreneur. At UC, Tenwick was in a business law co-op program, which allowed him to pursue a college and law degree in seven years and at the same time earn money and gain work experience.
After his “great experience” at the College of Law, Tenwick had a five-year stint as an enforcement attorney for the U.S. Securities and Exchange Commission, before pursuing a career in business. He had hoped to go into coaching, but with a salary of just $12,000, the Cleveland native decided he was going to "go into business and make a million dollars."
After leaving the SEC in 1967, Tenwick became an entrepreneur, founded NuCorp Energy, Inc. and began his business career. Along the way, in 1969, he married Anne, a Cincinnati native, and started a family. The company grew and in 1979 he moved his family to San Diego. In 1981, with the company approaching an annual run rate (projection) of one billion dollars in revenue, NuCorp became the “fastest growing over-the-counter oil and gas company in the US,” he said.
The next ‘chapter’
At the end of 1981, the oil industry had a devastating reversal and NuCorp went into Chapter 11 in 1982. “At that point, I lost everything,” Tenwick said. “The good news was that, with the support of my family, we survived.”
Aside from his wife and three children (Terry, Billy and Annie), Tenwick’s other family—his alma mater—was there for him as well. Thurman Owens, a former Bearcat football player then with the UC Foundation, called him. Soon after, Owens and Henry Winkler, UC’s President at the time, visited Tenwick in San Diego, as did a number of others including his former basketball coach, George Smith.
“You hear a lot of people talking about going to school and getting an education, but you never hear anybody talking about the university reaching out to you 10, 20, 30 years later and giving you support,” Tenwick said. “That was really something for me. It was really appreciated.”
While it took nine years for him to pay off his personal debts, Tenwick – who worked as a business consultant – moved back to Columbus. At the time, his mother was in a nursing home in Cleveland, struggling with Alzheimer’s. Tenwick believed his mother was not getting the care she deserved, and he thought there had to be a better way to take care of the elderly. As a result, he founded AdCare with $8,400 in credit card debt and investment help from his two brothers and Dr. Ira Abrahamson, a renowned Cincinnati ophthalmologist.
Back on his feet
For the last 20 years, AdCare has rapidly grown under Tenwick’s watch, going public on the NYSE AmEx stock exchange in November 2006. The company currently owns and/or operates 51 facilities, located in seven states and employing close to 6,000 people.
“The company just released revenues for its first quarter of $50.2 million with a projection of over $250 million for the year,” Tenwick said, adding that he “would like to see $1 billion in annual revenue five years from now.”
Tenwick has enjoyed working and continues to be very active in the Springfield, Ohio-based company, but he recently stepped away from the day-to-day operations. “I put together a succession committee about a year and a half ago,” he said of AdCare, which will be based out of Atlanta next year. “We have all new executive management people, poised to take it to the next level.”
Today, Tenwick and his wife live north of Columbus in Powell, Ohio. Although he has not been able to make it back to Cincinnati as often as he would like, he very much remains connected to the University. Tenwick is even part of an alumni group that puts on an annual golf outing in Columbus to raise money for UC athletics and other scholarships.
While the bulk of Tenwick’s career has been away from the law, he is very grateful for his time spent at the College of Law and recognizes the value of his degree.
“It gives you a great perspective of everything in life,” he said. “When I came back to Ohio to start AdCare, I couldn’t afford to hire any people, so I did everything myself—that is, founded the company, prepared all the legal documents, prospectuses, all the marketing and sales materials, kept all the books and records, negotiated all the deals, etc. Knowing the law really helped and it gives you a general background to do almost anything.”
Like many who have attended the College of Law, Tenwick has found great success over the years, even outside of a traditional law career. As he transitions out of the day-to- day activities of AdCare and finds more time to do some of the things he once loved—such as tennis—Tenwick has much to be proud of since his time at UC.
“I was not a superstar when I was recruited to attend UC. Everyone (on the basketball team) was all-state or all-something. However, I was a competitor and a good example of an average guy who worked hard to be part of the team and earn a good education,” Tenwick said. “I’m very grateful for everything and I am pleased to be able to give back to UC.”
By Jordan Cohen, ‘13
Commitment to Work, Clients, and Community Drives Mary Rust ‘87
As a finance major at Miami University, Mary Rust took the LSAT, knowing she might pursue a law degree at some point. After graduating from Miami in 1984, knowing her test scores would remain good for five years, Rust took a job with a bank in Detroit.
In about a month’s time, however, Rust realized she did not want to be a loan officer. So she placed a call to the College of Law, hoping there might be an opening in the Class of 1987.
“Totally fortuitously, they had someone in the incoming class decide he wasn't coming, so they had a spot,” Rust said. “I immediately got the application, filled it out, ‘Federal Express-ed’ it there, and was accepted. I gave two weeks’ notice at the bank, moved back home to Cincinnati and started law school. It worked out great.”
Twenty-five years into her law career, the current partner at Cincinnati’s Taft Stettinius &Hollister office said she has no regrets. Rust liked her class and said she is still friends with some of her classmates.
Today, she works primarily in estate planning, charitable giving, and trust and estate administration. She has been mentioned in The Best Lawyers in America and has been designated as a Cincinnati FIVE STAR Wealth Manager three times.
Rust’s legal career started at what is now known as Aronoff Rosen & Hunt, a firm at which she clerked during school. Rust said she loved her time there, staying with the firm until 1990. She then had an opportunity to go in-house with Fifth Third Bank as assistant trust counsel. “I decided I loved that too, but I really missed having clients where I was doing the drafting, as opposed to reviewing other people’s drafting,” she said of her 1990 to 1996 tenure with Fifth Third. “I also missed the relationships with the families.”
After hearing of an opening at Taft, Rust contacted an attorney she knew in estate planning. Taft was interested, but the “kink in that operation” was Rust had gone part-time at Fifth Third and she hoped to stay on that schedule. Eventually, the firm agreed to her request, and she has been working there part-time for 16 years.
Rust is in the office four days a week, but – especially during tax season – it is not uncommon that she is there every week day. This is in addition to the many hours she works from her home.
“I love what I’m doing. I wouldn’t trade it for anything,” Rust said. “It’s very people intensive. I get out of the office a lot. I get to know people’s families, and their kids, and their grandkids, and I find out when someone is getting married or when they’re having a baby. It’s fun.”
Of course, because of the nature of estate planning, there are many times where it is not fun, but instead very sad. Rust noted how she becomes attached to her clients and, obviously the worst part of her work is when the long-time clients pass away or give her other bad news.
“The flip side of it is you feel like you’re providing a really valuable service when you help someone navigate that,” she said.
Family and Community Play an Important Role in her Life
While she is very passionate about her work and honored about the accolades she has received, Rust said she is most proud of her family – which consists of husband Bill, Charlie (21), Katie (19) and Nick (17).
The Cincinnati native said her family is big into sports and she has always tried to make it to her children’s sporting events (and she has coached, too), which now includes trips to Pittsburgh where Katie is a soccer player at Duquesne University.
Rust’s schedule has given her the flexibility to be heavily involved with her family, but she has also made time for others.
Among other community involvement, Rust is on the board and chairs the development committee of the Cincinnati Association for the Blind and Visually Impaired (CABVI). She has been involved there in some capacity since 1988, even though no one in her family has vision impairment. Instead, this can be traced back her to days at Miami when her sorority supported a similar cause.
“I just thought how hard it must be to be blind in the world that we live in and with so many things you miss – with beautiful visions and colors and things like that,” Rust said. “We actually bought a seeing eye dog for someone who was a student at Miami and to see how he could navigate was amazing to me.”
Sometime after law school, for one hour every Thursday, Rust began reading the Cincinnati Enquirer aloud to people through a reading service. She eventually took over a committee position at CABVI and has stayed involved ever since.
While in the law school, Rust was involved with and eventually led the Volunteer Income Tax Assistance (VITA) program. She was also a member of Moot Court, which included trips to Chapel Hill, N.C. and Buffalo for what happened to be two tax-related competitions. She also fondly recalled being one of the many “cubs” in former professor Alphonse Squillante’s classes.
“I liked law school,” she said. “You hear people say they don’t like it. I thought it was great.”
Rust remains connected with the College of Law as a trustee and legal counsel for the Keeler Foundation, which endows a College of Law scholarship.
Outside of her work and involvements, Rust enjoys running and taking in the scenes of her beloved hometown. The Anderson township resident, who once ran the Flying Pig Marathon, also enjoys exploring the many unique eateries in town, which includes Terry’s Turf Club (East End/Mount Washington, Pelican’s Reef (Anderson), Sammy’s Gourmet Burgers and Beers (Blue Ash), and El Jinete (Fairfax).
By Jordan Cohen, ‘13
Squire Sanders elects Toby D. Merchant to partner in Cincinnati office
CINCINNATI May 08, 2012 - Squire Sanders is pleased to announce that Toby D. Merchant has been elected to partner.
Merchant is based in the global legal practice’s Cincinnati office and is one of 17 lawyers Squire Sanders promoted to partner this year. His practice focuses on corporate and corporate finance transactions; advising public and private companies on mergers and acquisitions, securities offerings, debt financings, private equity investment and general corporate governance matters. Merchant represents clients in both U.S. and cross-border acquisitions and divestitures.
“Toby has a strong track record of providing outstanding service to our clients,” said Scott A. Kane, managing partner of Squire Sanders’ Cincinnati office. “We proudly welcome him into the partnership and are confident he will continue to play an important role in helping us meet the needs of our clients in Cincinnati and beyond.”
Toby D. Merchant
Toby Merchant focuses his practice on business law and transactions including mergers and acquisitions, securities offerings, debt financings, private equity investment and general corporate governance matters. In mergers and acquisitions, Toby represents public and private companies in both domestic and cross-border acquisitions and divestitures. In the area of private equity investing, his representation includes advising private equity funds with respect to a variety of investment opportunities. In the area of securities, he regularly advises clients with respect to 1934 Act compliance, public offerings and corporate governance matters.
Toby also has experience in the acquisition of financial institutions (in both FDIC assisted and non-assisted transactions).
Toby was selected for inclusion in Ohio Super Lawyers – Rising Stars Edition 2009, a listing of the top up-and-coming lawyers in Ohio.
Toby is the author of “Recognizing ILO Rights to Organize and Bargain Collectively: Grease in China’s Transition to a Socialist Market Economy,” published in Case Western Reserve Journal of International Law, Volume 36, Winter 2004. (Read more)
Charles E. Sieving '97 is executive vice president & general counsel of NextEra Energy, Inc.
Charles E. Sieving '97 is executive vice president & general counsel of NextEra Energy, Inc. (NYSE: FPL), one of the nation’s leading electricity-related services companies. He has primary responsibility for the legal strategies and policies of the Company and its subsidiaries, including legal compliance and ethics, corporate governance, corporate and project financing activities, mergers and acquisitions, and litigation.
Prior to joining NextEra Energy, Mr. Sieving was executive vice president, general counsel, and secretary of PAETEC Holding Corp., a publicly held telecommunications company, where he had responsibility for all legal, regulatory, and legislative affairs.
Mr. Sieving previously was a partner in the Corporate, Securities and Finance Practice Group of Hogan & Hartson, LLP in Washington, D.C., where his practice focused on representation of public companies in complex securities and business combination transactions and with respect to corporate governance and securities law and stock exchange compliance matters. He was a frequent contributor to that firm’s publication on SEC and stock exchange developments. He commenced his practice of corporate law with another major law firm in Cincinnati, Ohio.
Mr. Sieving received his J.D. from the University of Cincinnati College of Law, where he was Publications Editor of the Cincinnati Law Review, and received his B.A. from Denison University. He is a member of the New York, Washington, D.C. and Ohio (inactive) bars and is authorized house counsel in Florida.
NextEra Energy (NYSE: FPL) is a leading clean energy company with 2008 revenues of more than $16 billion, approximately 39,000 megawatts of generating capacity, and more than 15,000 employees in 27 states and Canada. Headquartered in Juno Beach, Fla., NextEra Energy’s principal subsidiaries are NextEra Energy Resources, LLC, the largest generator in North America of renewable energy from the wind and sun, and Florida Power & Light Company, which serves 4.5 million customer accounts in Florida and is one of the largest rate-regulated electric utilities in the country. Through its subsidiaries, NextEra Energy collectively operates the third largest U.S. nuclear power generation fleet. For more information about NextEra Energy companies, visit these Web sites: www.FPLGroup.com,www.NextEraEnergyResources.com, www.FPL.com.
Thomas B. Allen '94 Elected President of the Butler County Bar Association
April 16, 2012 (Cincinnati, OH)– Frost Brown Todd is pleased to announce Thomas B. Allen has been elected President of the Butler County Bar Association. The Butler County Bar Association is a voluntary association of approximately 400 attorneys who either practice or live in Butler County, Ohio. The Association acts as a resource for attorneys throughout Butler County by providing continuing education programs for its members, a referral network of attorneys easily searchable on the Association’s website, and a regular newsletter providing local legislation updates and event postings.
Mr. Allen is a partner in Frost Brown Todd’s West Chester office and practices in the governmental services, litigation, and labor and employment areas. He represents clients in a wide array of matters, with emphasis on litigation, school law issues, municipal law issues, and alternative dispute resolution. He has been named to the The Best Lawyers in America® list each year, beginning in 2008.
Mr. Allen is actively engaged in the community as a member of the Executive Committee of the Butler County Republican Party, and served as 1st Ward Seat of Middletown City Council, 2010-2011.
About Frost Brown Todd
Frost Brown Todd is a full-service law firm serving some of America’s top corporations and emerging companies. With attorneys regularly identified by clients, peers and industry organizations as leaders in their practice areas, the firm advises and protects clients in business transactions and litigation in industries including insurance, banking, financial services, manufacturing, transportation, real estate, construction, energy and healthcare. Its nearly 450 attorneys in nine offices throughout Ohio, Indiana, Kentucky, Tennessee and West Virginia provide unparalleled service to meet clients’ needs; deliver the insights and solutions available only from a diverse group of professionals; and support the communities in which they operate. To learn more, visit& www.frostbrowntodd.com.
Chambers USA 2012 recognizes Kathleen M. Brinkman '75 As 'Leader in their Field'
COLUMBUS, Ohio (April 13, 2012) – Porter Wright is proud to announce that 27 of the Firm's attorneys have been recognized by Chambers USA 2012 as “Leaders in their Field.” Twenty-six attorneys are recognized in Ohio across 10 different practice areas, and one attorney is recognized in Washington, D.C., as a national leader in International Arbitration.
"This year, we are honored to have five more Porter Wright attorneys named as 'Leaders in their Field,'" said Robert W. (Buzz) Trafford, Porter Wright’s Managing Partner. "It is a privilege to have such a large number of our exceptional attorneys recognized by the team at Chambers."
Kathleen M. Brinkman – Litigation: White Collar Crime & Government Investigations
Chambers USA rankings are based on lawyer and client interviews, among other things, and assess criteria such as technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence, commitment, and other qualities that clients consider relevant.
Jeffrey M. Nye '07 joins board of directors for Autism Society of Greater Cincinnati
CINCINNATI, Ohio (April 13, 2012) - Jeffrey M. Nye, associate with Finney Stagnaro Saba & Patterson Co. LPA joins board of directors for Autism Society of Greater Cincinnati.
Jeffrey Nye, an associate attorney with the Cincinnati law firm of Finney Stagnaro Saba and Patterson Co. LPA has been elected to serve on the board of directors for the Autism Society of Greater Cincinnati. On the board, Jeff will serve the role of secretary. The Autism Society of Greater Cincinnati is a local chapter that is part of the Autism Society of America. The Autism Society of Greater Cincinnati, as the first organization within the region, is dedicated to improving the quality of life for those with autism and their families. They offer knowledge, information & resource services, education programs and events to increase autism awareness.
Founded in 1995, Finney, Stagnaro, Saba & Patterson Co. LPA is a full-service Greater Cincinnati law firm with offices in Hyde Park and Anderson Township. Practices areas include: business entities/commercial transaction; real estate; estate planning/probate; employment/labor law; and commercial/tort/constitutional litigation.
Mark F. Muething Named Chief Operating Officer for Great American’s Annuity and Supplemental Operations
CINCINNATI, Ohio (Apr 11, 2012) - Great American Insurance Group recently announced the promotion of Mark F. Muething to Chief Operating Officer (COO) of its Annuity and Supplemental businesses. Mr. Muething will also serve as COO for Great American Financial Resources (GAFRI), a wholly-owned subsidiary. He will also continue in his role as General Counsel and Executive Vice President of GAFRI.
Mr. Muething started his career as an Associate at Keating, Muething & Klekamp in September 1984 and was promoted to Partner in 1991. In 1993, he joined American Annuity Group, a predecessor company to GAFRI, as Senior Vice President and General Counsel. Over the last 19 years, his responsibilities have increased and include oversight of the Company’s Supplemental Insurance operations and key functions such as Information Technology, Operations, Legal, and Creative Marketing Services. Over the last few years, Mr. Muething has played a significant role in strategic planning for the Company’s Annuity and Supplemental operations and has led many of his teams through significant growth with a focus on organizational effectiveness.