Gregory G. Schwab, General Counsel

Rodney R. Akers, Deputy General Counsel

OUTLINE:

GENERAL SESSION I:  “The COVID-19 Pandemic and  
OGC:  Lawyers on the Front Lines of a Crisis”

(Credit: 1 Substantive)

SPEAKERS:

Nicole M. Bordonaro, Chief Counsel, Pennsylvania Emergency Management Agency

Yvette Kostelac, Chief Counsel, Department of Health

Doug Snyder, Deputy Chief Counsel, Department of Health

Kevin Hoffman, Assistant Chief Counsel Department of Health

Abstract:  A look at this seminal event and OGC’s roles on the front lines from Day One of the Commonwealth response.

OUTLINE

GENERAL SESSION II:  The New “Business as Usual” for OGC in a Post-COVID-19 World”
(Credit: 1 Substantive)        

SPEAKERS

Doris M. Leisch, Deputy General Counsel

Nicole M. Bordonaro, Chief Counsel, Pennsylvania Emergency Management Agency

Stefanie Hamilton, Chief Counsel, Department of Banking and Securities

Jason D. Sharp, Chief Counsel, Department of Transportation

Abstract:  Commentators near and far have warned that there can be no going back to business as before following the coronavirus pandemic, which has wreaked havoc on Pennsylvania, the United States and nearly every country across the globe.  OGC has been quick to respond in its immediate responses to the COVID-19 crisis, but how do we serve our clients going forward?  It is not too early to begin asking what we have learned from the coronavirus experience.  Some useful questions might include, but not be limited to:  What surprised us?  What were we not prepared for?  What worked well and what didn’t?  What have we learned about how to better prepare for future events?

OUTLINE

GENERAL SESSION III:  “Respecting Differences and Strengthening Inclusion Efforts in the Current Climate”

(Credit: 1 Substantive)

SPEAKERS

 Ana Paulina Gomez, Department Counsel, Insurance Department

Jacqueline Jackson-DeGarcia, Director, Equal Employment Opportunity, Office of Administration

Samantha D. Jallah, former OGC Counsel with the Department of Health

Jonathan Segal, Partner, Duane Morris LLP

Abstract:  The past several months have presented multiple and overlapping hardships for many organizations – and their members – as a result of nationwide protests and civil unrest related to the most recent and alarming rash of deaths of African-Americans at the hands of law enforcement.  With the fallout from an-already devastating pandemic’s glaringly disproportionate effects on Black and Brown communities coupled with these recent tragic events, many legal organizations throughout America are taking pause.  They want to know what more can they do to fortify their pledges – some long held – to creating diverse and inclusive work environments and how they can help to disrupt the inherent and institutionalized biases that continue to contribute to these experiences.  This session proposes to offer OGC best – and next – practices that are responsive to the current realities of workplace interactions, and provide an overview of some of the diversity and inclusion trends that the legal profession should anticipate for 2020 and beyond. 

OUTLINE

BREAKOUT SESSION 1:  “Sorna After Muniz:  The State of  Pennsylvania’s Sex Offender Registration and Notification Act After the Pennsylvania Supreme Court’s Decision in Commonwealth v. Muniz” 

(Credit: 1 Substantive)                                                                                         

SPEAKERS

Daniel C. Beck, Chief Counsel, Pennsylvania State Police

John C. Manning, Deputy Chief Counsel Pennsylvania Parole Board

Meghan M. Dade, Executive Director, Sexual Offenders Assessment Board

Carson B. Morris, Deputy Attorney General, Pennsylvania Office of Attorney General

Greg Rowe, Director of Legislation and Policy, Pennsylvania District Attorneys Association

Abstract:  This session will present a review of legislation as well as case law from the Pennsylvania Supreme Court, Superior Court and Commonwealth Court that has come about as a consequence of the Pennsylvania Supreme Court’s groundbreaking decision in Commonwealth v. Muniz, declaring the Pennsylvania Sex Offender Registration and Notification Act (SORNA) to be punitive in nature and violative of the Ex Post Facto Clause.  Since that time, there have been a number of subsequent changes to both the law on sex offender registration and the interpretations of these laws.  This includes the enactment of Act 10 and Act 29 of 2018, which was intended to cure the issues in the law that the Supreme Court found to be unconstitutional.  Attendees at this CLE will learn about the Pennsylvania Superior Court’s 2017 decision in Commonwealth v. Butler, declaring the Sexually Violent Predator determination process to be unconstitutional, as well as the Pennsylvania Supreme Court’s reversal of the Superior Court’s decision in 2020.  Attendees will also learn about the challenges an agency goes through when a statute that authorizes a majority of the work it does is declared unconstitutional.  Finally, attendees at the CLE will receive information on recent case law as well as pending decisions regarding SORNA. 

OUTLINE:

GENERAL SESSION IV:  “U.S. Supreme Court Roundup:  Bostock, Espinoza, June Medical Services, the DACA Decision and More!”                              

(Credit: 1 Substantive)                                                                                

SPEAKERS:

Kenneth L. Joel, Deputy General Counsel

Teresa Ficken Sachs, Counsel, Supreme Court of Pennsylvania

John G. Knorr, III, Chief Deputy Attorney General (ret.)

Abstract:  This session will look at some of the U.S. Supreme Court’s most impactful decisions from its 2019-2020 Term and how they may impact Pennsylvania.

OUTLINE

GENERAL SESSION V:  “Legal Ethics in a Digital World”

(Credit:  1 Ethics)

SPEAKERS

Jullia A. Sheridan, Deputy General Counsel

David N. Smith, Prosecuting Attorney, Department of State

Timothy P. Smith, Prosecuting Attorney, Department of State

Abstract:  This session will explore the ethics of an attorney’s engagement in the digital world.  Just as the use of digital devices and networks has become ubiquitous for the day-to-day lives of most Pennsylvanians – especially in recent months – so too have they become a mainstay of practice for most lawyers.  Yet, many attorneys may not yet become attuned to how disciplinary institutions and courts have begun to regard and review how attorneys’ online conduct with respect to ethical obligations.

OUTLINE

GENERAL SESSION VI:  “Assessing the Value of Cultural Heritage:  Pennsylvania Monuments, Markers and Statues in 2020.” 

(Credit:  1 Substantive)

SPEAKERS

Andrea W. Lowery, Executive Director, Pennsylvania Historical and Museum Commission

Gerard A. Leone, Assistant Counsel, Pennsylvania Historical and Museum Commission

Allison Dorsey, Ph.D., Professor of History, Swarthmore College

Paul M. Farber, Ph.D., Artistic Director and Senior Curator, The Monument Lab

Sheffield Hale, Esq., President and Chief Executive Officer, Atlanta History Center

Abstract:  Over the past few weeks, statues of Confederate icons and monuments and markers commemorating other controversial figures such as the explorer Christopher Columbus have been coming down in Pennsylvania and elsewhere in the wake of the racial reckoning that has occurred across the United States in the wake of George Floyd killing in May.   Those who are tearing down – or seeking to remove – such monuments have been often accused of “erasing the past.”  Others say that these actions are bringing closer scrutiny on the figures these monuments celebrate — allowing history to be retold from the viewpoint of their victims or for such perspectives to be added.  This proposed session will explore these perspectives, which the subject of ongoing discussions before the Pennsylvania Historical and Museum Commission, and elsewhere.

OUTLINE

BREAKOUT SESSION 2:  “Software Licensing and Cloud Procurement: Processes, Pitfalls and Advice”                                                                                   

(Credit: 1 Substantive)                                      

SPEAKERS

Angela N. Rainey, Assistant Counsel, Office of Administration

Denise Cope, Project Manager, Office of Administration

Thomas Schwartz, Associate Commodity Manager, Department of General Services

Abstract:  This session will update previous OGC CLE events pertaining to software licensing and cloud procurement in the Commonwealth.  It will feature an overview of the current procurement process for software and cloud services within the Commonwealth from the time a business area within an agency identifies a software/cloud need through the procurement and, ultimately, the execution of any resulting contracts or license agreements.  We will cover various requirements, such as the Software Requirements Form, COPPAR, and Cloud Use Case Reviews, as well as when such requirements are necessary.  In addition, this session will identify agency, OA, and DGS responsibilities with respect to software procurements, including, but not limited to, the procurement of IT solutions that include a software component.  The goal of this presentation is to equip agency counsel with knowledge about the software/cloud procurement process so that they can help educate their clients and avoid common pitfalls. 

OUTLINE:

GENERAL SESSION VII:  “The Role of the Government Attorney and Perspectives from the Federal Courts”                                                                      

(Credit: 1 Ethics)                                                                                          

SPEAKERS:

The Honorable Andre M. Davis, Judge, U.S. Court of Appeals for the Fourth Circuit (ret.)

Kenneth L. Joel, Deputy General Counsel

Daniel C. Beck, Chief Counsel, Pennsylvania State Police

Abstract:  Government attorneys are given an enormous amount of responsibility early on in their careers.  They are presented with challenging cases and problems and expected to resolve them despite perhaps not having background in a particular substantive or procedural area.  The reason for this is due to several factors, not the least of which is a great deal of trust and respect for government lawyers eager to work often longer hours with lower salaries to serve the public interest.  In addition, resources and financing sometimes can be limited in light of the magnitude of the problems and issues addressed. Because the government cannot recruit as many new lawyers as law firms, they are quite selective, seeking out the best and the brightest from law school graduating classes as well as experienced practitioners seeking a change.  Those who work in the government are often asked to manage an entire case or project from beginning to end, whereas, in private practice cases often come in pieces, first one motion in one case, and then another motion in a different case. Government lawyers generally have the opportunity to complete the entire puzzle, while law firm associates tend to work on small parts of the puzzle and may never see the entire picture. Government lawyers are not only given an incredible workload but are also charged with administrative and managerial duties once they have proven themselves with their first assignments.      

OUTLINE

BREAKOUT SESSION 3:  “Civility and Professionalism for Attorneys” 

(Credit:  1 Ethics)                                                                                         

SPEAKERS

Sarah DiRito, Assistant Chief Counsel, Department of Education

Anne N. John, Immediate Past President, Pennsylvania Bar Association

Thomas J. Farrell, Chief Disciplinary Counsel, The Disciplinary Board of the Supreme Court of    Pennsylvania

Abstract:  This session will focus on civility and professionalism for attorneys. The goals of the CLE are to explore ethical rules that mandate civilized and professional behavior and the consequences of an attorney’s failure to follow those rules.  The panel seeks to accomplish the following: 

• Define civility in the legal sector.  
• Help one understand a lawyer’s civility obligations and potential consequences. 
• Explore ethical rules that mandate civilized and professional behavior.  
• Provide an overview of PA Code of Civility (204 Pa. Code 99.1-99.3) 
• Discuss consequences of uncivilized behavior and the various harms that it causes.  
• Explore interactions with clients, opposing counsel, judges, etc.  
• Provide strategies for dealing with difficult counsel, clients, and witnesses 
• Help colleagues maintain civility and professionalism during the COVID-19 pandemic 

OUTLINE

GENERAL SESSION VIII:  “OGC  and the Commonwealth Attorneys Act 40 Years On: Where We Are, Where We’re Going”                                               

(Credit: 1 Substantive)

SPEAKERS

Theron R. Perez, First Deputy General Counsel

Pamela F. Cross, Deputy General Counsel

Brian D. Zweiacher, Chief Counsel, Office of the Budget

Diana J. Stares, Acting Chief Counsel, Department of Environmental Protection

Abstract:  OGC University 2020 will conclude with a fond look back at 40 years of OGC history and an office that is uniquely Pennsylvanian, then focus on the future, including a progress report on OGC’s Strategic Plan which is currently ongoing.