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Burns White appoints first Chief Privacy Officer

PITTSBURGH, May 13, 2014 — With an increasingly complex regulatory environment facing the firm and many of its clients, Burns White recently appointed Philadelphia-based Member Stuart T. O’Neal, III as Chief Privacy Officer to lead a new Policy Development Team in its efforts to take a more coordinated approach to regulatory compliance.

While clients in many industries are facing increased scrutiny, the creation of this position and team was prompted by the Omnibus Rule of the HITECH Act that went into effect in September 2013. These new regulations extended the protection of patient healthcare information provided by HIPAA and other privacy rules to include the business associates of hospitals, physicians and other covered entities.

As Chief Privacy Officer, Mr. O’Neal, who focuses his practice on the defense of medical facilities, long-term care companies and professionals of all types in professional and general liability claims, will be tasked with leading the firm’s policy efforts and further educating the firm and its healthcare clients regarding privacy and HIPAA regulations to help minimize the risk of any potential breaches from occurring.

“While Burns White certainly is not the only law firm to take a more detailed approach to its regulatory processes, we believe we are ahead of the curve,” said O’Neal. “The more proactive we can be in avoiding risk, the better it is for our clients… so putting the resources together for this was a natural strategic move for the firm.”

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The Hamels Foundation appoints Stuart T. O’Neal to its board of directors

The Hamels Foundation, a nonprofit organization founded by Philadelphia Phillies pitcher Cole Hamels and his wife Heidi, appointed Member Stuart T. O’Neal, III to serve on its board of directors for a two-year term. In this role, Mr. O’Neal will help guide the organization in its efforts to enrich the lives of children through the power of education by giving them the tools they need to achieve their goals.

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Special Ethics Counsel Forest Bowman receives WVU College of Law’s highest honor

PITTSBURGH, May 1, 2014 — Burns White Special Ethics Counsel Forest “Jack” Bowman is to receive West Virginia University College of Law’s 2014 Justitia Officium Award, its highest honor. Mr. Bowman, along with fellow award recipient Judge O.C. Spaulding, will be honored at the law school’s commencement ceremony on May 10.

Presented annually, the Justicia Officium Award recognizes outstanding contributions and service to the legal profession. This annual award was established in 1978 in commemoration of the 100th anniversary of the founding of the university’s College of Law. An individual bronze plaque is created for each recipient and displayed in the lobby of the law school.

Mr. Bowman, the Jackson Kelly Professor of Law Emeritus at WVU College of Law, taught at the school for 23 years before retiring in 2002. During his tenure there, he was awarded several honors, including Professor of the Year by seven graduating classes, University Professor of the Year and Professor of the Year for all of higher education in West Virginia by the Faculty Merit Foundation of West Virginia.

Mr. Bowman’s many professional accomplishments include being named a fellow of the American Bar Foundation, an honor bestowed upon only one-third of one percent of all America’s lawyers; a three-time recipient of the West Virginia State Bar’s Certificate of Merit; a recipient of the Harrison Tweed Award for outstanding contributions to continuing legal education in America; a WVU Order of Vandalia inductee for his far-reaching contributions to the university, and a WVU Outstanding Alumnus.

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Burns White welcomes seven Associates to offices in PA and NJ

PITTSBURGH, April 30, 2014 — Burns White LLC welcomes seven associates to its Pittsburgh and Philadelphia, Pa. offices and Cherry Hill, N.J. office.

Pittsburgh

Matthew J. Glenn’s energy practice involves the conducting of research, review and preparation of due diligence and title curative measures, as well as the writing of certified title opinions for clients in the oil and gas industry. Prior to joining Burns White, Mr. Glenn worked as an abstractor at Turner Oil & Gas Properties where he played a key role in a 6,500-acre land acquisition. During law school, he researched oil and gas law as a law clerk at a firm in Southpointe. Mr. Glenn received a J.D., cum laude, from the University of Pittsburgh in 2011.

Andrew W. Lawrence assists clients in the oil and gas industry with due diligence review, title curative measures and certified title opinions. A former abstractor at Definitive Energy Solutions LLC, Mr. Lawrence researched up to 150-year real estate chains of title relating to both surface and mineral rights for oil and gas leases prior to joining the firm. In addition, he interned at the University of Pittsburgh School of Law Low Income Taxpayer Clinic and for Magisterial District Justice Janice Jimenez in Lancaster, Pa. Mr. Lawrence graduated from the University of Pittsburgh School of Law in 2012.

An experienced litigator and a trial attorney, Candace G. Ragin brings a diverse practice in civil and criminal law to the Transportation Group at Burns White. Prior to joining the firm, Ms. Ragin handled a wide range of matters including criminal and juvenile as an associate attorney for the Allegheny County Office of Conflict Counsel, and civil rights defense as an assistant solicitor in the City of Pittsburgh Law Department. Outside of the legal profession, she is an adjunct professor in the Sociology and Law Department at Saint Vincent College. Ms. Ragin graduated from Duquesne University School of Law in 2006.

Philadelphia

Daniel A. Cutler, a former associate at Nelson Levine de Luca & Hamilton, concentrates his practice on the defense of hospitals and physicians in professional and general liability matters. Having previously worked at insurance defense and multi-state law firms, Mr. Cutler has substantial litigation experience in state and federal courts pertaining to a wide range of liability matters including construction defects, personal injury, product defects and toxic torts. While in law school, he clerked for the Hon. Thomas Adams, New York State Supreme Court, Nassau County and interned for the Office of the District Attorney, Queens County, N.Y. Mr. Cutler graduated magna cum laude from Touro College, Jacob D. Fuchsberg Law Center in 2009.

Brian O. Sumner defends a wide range of clients in workers’ compensation claims. Before working at Burns White, he held contract positions at Special Counsel, Inc. in Philadelphia and Gohn, Hankey & Stichel, LLP in Baltimore. Mr. Sumner graduated from Drexel University School of Law in 2009. While in law school, he was an editor of the Drexel Law Review and participated in a number of internships, including the Philadelphia District Attorney’s Office and the Legal Department of Wawa, Inc. Post-graduation, Mr. Sumner was a judicial fellow in the chambers of the Honorable Mark I. Bernstein of the Philadelphia Court of Common Pleas.

Frank T. Troilo, who came to Burns White from The Dombrowksi Group, represents a diverse array of clients including Fortune 500 companies and individual employers in workers’ compensation matters in Pennsylvania and New Jersey. In his more than 24 years of legal experience, Mr. Troilo has handled workers’ compensation claims for governmental and municipal authorities; developed litigation strategies on behalf of insurance companies and third-party administrators; and counseled employers on issues related to insurance coverage, compliance with federal and state laws and regulations, wrongful discharge and employee resolution options. He has also handled general defense litigation, and personal injury and criminal law matters. Mr. Troilo graduated from Temple University’s James E. Beasley School of Law in 1990.

Cherry Hill

Ahsan A. Jafry’s practice consists of defending physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities and other medical providers in medical malpractice matters. Mr. Jafry, who has been recognized by his peers with the New Jersey Super Lawyers© Rising Stars distinction since 2012, joined Burns White after working for several years as an associate at Marshall Dennehey Warner Coleman and Goggin. In addition, he was a deputy attorney general in the Tort Litigation Section of the Division of Law for the New Jersey Attorney General’s Office. Outside of private practice, Mr. Jafry serves on the New Jersey Supreme Court’s Committee on Model Civil Jury Charges and teaches trial advocacy as an adjunct professor of Law at Rutgers School of Law – Camden. Mr. Jafry graduated from Temple University James E. Beasley School of Law in 2004.

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LEGAL UPDATE: FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act

By: T.H. Lyda

April 3, 2014 — Today the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements,” affirming the change to FDA’s record access as required by the Food Safety Modernization Act. This final rule expands the FDA’s access to records not only related to suspect foods but to those associated with food similarly compromised or potentially exposed to the same risks as the suspect food.

To learn more about the final rule as well as the FDA’s guidance to the industry, visit http://www.fda.gov/fsma or contact T.H. Lyda at thlyda@burnswhite.com.

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Christina Horton Duty named Duquesne University School of Law’s Recent Graduate of the Year

Associate Christina Horton Duty was named Recent Graduate of the Year by the Duquesne University School of Law Women’s Law Association at its annual Woman of the Year event on April 2, 2014. Ms. Horton, who focuses her practice on Medicare compliance issues, was selected for this award due to her demonstrated leadership and dedication to her community. She graduated summa cum laude from Duquesne University School of Law in 2010. Click here for more information on the event.

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Two Burns White attorneys named to New Jersey Rising Stars list

CHERRY HILL, N.J., March 13, 2014 — Burns White Associates Ahsan A. Jafry and Brian D. Pagano of the Cherry Hill office were named Rising Stars in the 2014 edition of New Jersey Super Lawyers.

Mr. Jafry, who has been recognized by his peers as a Rising Star since 2012, defends physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities and other medical providers in medical malpractice matters. In addition, he currently serves on the New Jersey Supreme Court’s Committee on Model Civil Jury Charges and teaches trial advocacy at Rutgers School of Law – Camden. Mr. Jafry graduated from Temple University James E. Beasley School of Law in 2004.

A first time Rising Star recipient, Mr. Pagano focuses his litigation practice on long-term care and medical and nursing home malpractice defense. Prior to joining Burns White, he practiced in the areas of professional liability and healthcare litigation, municipal and public entity litigation and employment litigation. Mr. Pagano also served in the United States Army and the New Jersey National Guard. He received his J.D. from Rutgers University.

Rising Stars is an annual rating service of the Thomson Reuters, Legal division. To be eligible for list inclusion, a candidate must be either 40 years old or younger, or in practice for 10 years or less. The selection process for Rising Stars consists of a statewide survey of lawyers in more than 70 practice areas, independent research to identify outstanding lawyers, evaluation of candidates based on 12 indicators of peer recognition, a panel review by practice area and a discipline check of each candidate. No more than 2.5% of lawyers statewide are named to Rising Stars.

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LEGAL UPDATE: Pa. Supreme Court rejects reconsideration of Act 13 decision

By: Cressinda D. Schlag

On February 21, 2014, the Pennsylvania Supreme Court rejected lawyers’ arguments on behalf of Commonwealth agencies and officials in Robinson Township regarding their reconsideration request of the court’s holding in Robinson Tp., Washington County v. Com., a landmark decision affecting several core provisions of the state’s Marcellus Shale drilling law, Act 13 of 2012, 58 Pa. C.S. §§ 2301-3504. The lawyers for the Commonwealth argued that the court’s decision had established firm factual findings regarding the impact of Act 13, which were unsupported by the record, and employed a new balancing test that was a strong departure from the Supreme Court’s historical practice.

On December 19, 2013, the Supreme Court in Robinson Tp., Washington County v. Com., held that several core provisions of Act 13 of 2012 violated the Environmental Rights Amendment of the state constitution. The Supreme Court’s determination that provisions of Act 13 were unconstitutional, in effect removed Act 13’s preemption of local zoning ordinances, and restrictions on municipal regulations of oil and gas resources. The Supreme Court’s decision also removed Act 13’s requirement that the PA Department of Environmental Protection (DEP) issue waivers for certain well setback requirements along with the Act’s express limitations on a municipality’s ability to challenge the DEP’s issuance of the waivers. The Supreme Court reasoned that these provisions of Act 13 were unconstitutional because they violated the Environmental Rights Amendment of the state constitution, which guarantees “clean air, pure water,” and “preservation of the natural, scenic, historic and esthetic values of the environment,” by removing environmental protections established by local regulatory authorities. The Supreme Court’s determination that local authorities should be permitted to restrict, define, and limit areas where oil and gas operations can take place for the purposes of environmental protection is expected to have a significant impact on oil and gas exploration and production companies operating in the Pennsylvania region.

While the Supreme Court’s denial of the request for reconsideration means that the Court’s earlier holding will be upheld, Robinson Tp., Washington County v. Com., has been remanded to the Commonwealth Court to determine which additional sections of Act 13 should be eliminated. On remand, the Commonwealth Court will specifically determine whether Act 13’s provisions limiting discussions between doctors and patients concerning certain fracking fluids, authorizing gas companies’ use of eminent domain, and stipulating lease notice requirements containing different procedures for gas well neighbors with public water versus private water, are consistent with the Supreme Court’s constitutional balancing test.

So far, local governmental bodies have responded to the Supreme Court’s ruling in Robinson Tp., Washington County v. Com., with a mixture of enthusiasm and apathy. For example, newly seated supervisors in Robinson, Washington County have already initiated plans to revise zoning and drilling regulations related to oil and gas operations that are near agricultural areas or special conservation districts. In stark contrast to Washington County’s current zoning efforts, counties such as Susquehanna and Bradford have reported that they have no plans to enact any zoning ordinances regarding oil and gas operations. In fact, a State Impact Analysis of Pennsylvania, which used data from the Department of Economic and Community Development, suggests that upwards of 45% or two out of every five municipalities, did not have any zoning laws on the books relating to Marcellus Shale operations.

While it is clear that following Robinson Tp., Washington County v. Com., oil and gas exploration and production companies operating in Pennsylvania will be required to diligently investigate and comply with all local zoning ordinances and land use regulations, the full impact of the Supreme Court’s decision cannot truly be assessed until after the Supreme Court’s list of unresolved issues have been addressed by the Commonwealth Court during remand.

For additional questions or concerns about how the decision might affect Marcellus Shale businesses in the region, contact the Burns White Energy Group.

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