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BEST MONEY MANAGER

Karpus Investment Management

A SUPPLEMENT TO THE DAILY RECORD

ATTORNEYSO F T H E Y E A R 2 0 1 2

Honoring Top Counsel and Leaders in Law

Presented By

Sponsors

2 0 1 2 A t t o r n e y s o f t h e Y e a r N o v . 7 , 2 0 1 2 — T h e D a i l y R e c o r d2

At Harter Secrest & Emery, our 137 attorneysand nearly 40 practice areas provide the depthand breadth of legal talent and experience nec-essary to achieve exceptional results for our local,regional and national clients. We take pride in ac-tively partnering with business leaders and entre-

preneurs to successfully resolve their legal andbusiness challenges. Whether working with amultinational or a one-person start-up company,we dedicate ourselves to protecting our clients’interests and helping them gain competitive ad-vantage.

We work closely with major international cor-porations, closely held businesses, manufactur-ers, banks, real estate developers, retailers,integrated health systems, nursing homes, rail-roads, telecommunication companies, and a num-ber of professional sports teams. The firm isgeneral counsel to a growing number of compa-nies involved in such high-tech areas as lasers,optics, digital imaging, pharmaceuticals, andbiotechnology. We are also proud to representmany individuals, insurance companies, munici-palities, schools, colleges, not-for-profit and char-itable organizations.

Founded in 1893, HSE is the largest law firmin Rochester, NY and received 38 “Top Tier”

practice group rankings in the 2011 U.S.News/Best Lawyers annual survey – more West-ern New York rankings than any other law firm.43 partners were recognized in the 2012 editionof Super Lawyers®, and 51 of the firm’s partnerswere selected for inclusion in Best Lawyers inAmerica®, 12 of whom were also named “Lawyerof the Year” in their fields of practice.

HSE is defined by our exacting legal standardsand collegial, collaborative and integrated philos-ophy. We seamlessly integrate delivery of legalservices through a true team approach. Clientsbenefit from access to the right talent for everymatter, yielding top quality, cost-effective legalcounsel and advocacy.

Celebrating 25 years of smart advice,solid performance

Karpus Investment Management formed over25 years ago with a clear mission: To raise thebar on how value is defined and delivered in theinvestment industry.

KIM was founded in 1986 by George Karpus andJoAnn Van Degriff. Former senior trust executivesof a large commercial bank, Karpus and Van Degriffsaw that conventional investment strategies typi-cally produce mediocre long-term results while put-ting clients at unnecessary risk. They created KIMto give investors a better alternative.

KIM is an independent Registered Investment

Advisory firm providing conservative, long-terminvestment management for individuals, corpora-tions, retirement/401(k) plans, IRAs, Taft-HartleyFunds, endowments, foundations, trusts and es-tates.

Today, KIM celebrates a quarter century of suc-cess at achieving its central goal: To rank con-sistently in the top quartile of U.S. investmentmanagers in financial performance for clients.Thomson Reuters Lipper recognizes KIM as aBEST MONEY MANAGER. Leading publica-tions such as the Wall Street Journal, The NewYork Times, Barron’s and Forbes have featuredthe KIM story.

Repeatable strategy delivers superiorperformance

KIM achieves its outstandin results through ahighly disciplined investment strategy. Eachclient portfolio is individually managed, startingwith a personalized asset allocation plan. KIMmaximizes returns by analyzing markets in depth,and monitoring them constantly to uncover oppor-tunity.

As a fee-based advisor, KIM does not sell prod-ucts or work on commission. This ensures objec-tive decision making in clients’ best interests. Allassets are held in separate custodial accounts toensure transparency and accountability.

An expert management teamKIM is governed by a management team of

highly accomplished investment professionalswell versed in the successful Karpus approach.Employee ownership gives each principal a stakein client success.

KIM has grown without losing its innovativeedge or its emphasis on personal service. “I’mproud to say that KIM’s management team is out-standing,” says Chief Investment Strategist and

Chairman of the Board, George Karpus. “Theybring the skills and experience that it takes tocontinue our tradition of superior performance inevery type of market environment.”

Commitment to communityKIM’s success has led to establishing a client

base throughout New York State and into Penn-sylvania, Ohio and Florida. However, the firm re-mains rooted in Rochester.

It supports local institutions with donations andtime. The recent Karpus Charity Challenge raisedawareness of the importance of sound investmentmanagement to the ability of non-profit organiza-tions to accomplish their missions of service. TheChallenge provided KIM a way to give back to thecommunity that has given the firm so much supportand recognition over the years.

Since the inception of the Nathaniel Awards,Karpus Investment Management has supportedThe Daily Record in recognizing those membersof the legal community who exemplify devotion tothe highest ethical and professional standards.

We salute the 2011 winner of the NathanielAward and this year’s class of Leaders in Law.

Bond, Schoeneck & King, PLLC is a law firmof over 200 lawyers practicing in all core and nu-merous specialized areas of law. Founded in1897, Bond maintains offices in every major cityacross New York State, and in Naples, Florida andOverland Park, Kansas. Our clients and the resultswe achieve reflect our sophisticated skill and expe-rience, our depth, and our commitment to qualitylegal services.i

Bond expanded its footprint to Rochester in

2008, and the office has seen exceptional growthin a contracting legal market, attracting reputablelawyers with proven talent and experience. Ourcommitment to providing sophisticated legal serv-ices in a fee sensitive business environment, andour unique team-oriented integration allow us toassist our clients in all areas of law across thestate and beyond.

Please visit BOND, our people, and our capa-bilities at www.bsk.com.

West, a Thomson Reuters business 127 YearsYoung … and still growing. In 1882, Briggs,Briggs & Hitchcock, a small Newark, New Yorklaw firm was hired to oversee the sale of the On-tario Southern Railroad. In order to carry out thissale, needing the constant use of the Decisions of

the Supreme Court, they often found themselvestraveling to the Appellate Court library inRochester which had the only known set.

Having a need for their own set, which werehard to come by, the Briggs’ sent out a mass mail-ing to lawyers country wide that offered to print

and send them a copy of the Decisions if theywould agree to pay $1.00 per volume. Over 2,500lawyers subscribed to that initial offer. TheLawyers Co-Operative Publishing Company wasformed and continued to grow into a nationallyknown provider of legal products which includedthe United States Supreme Court Reports andAmerican Jurisprudence (Am Jur) in addition tohundreds of topical treatises in specialty areas oflaw. In 1989, The Thomson Company, headquar-tered in Toronto, Canada, purchased Lawyers Co-Op and its Webster printing plant.

In 1996, The Thomson Company purchased

the West Company, located in Eagan, Minnesota.

On April 17, 2008 The Thomson Company

purchased Reuters, the international financial

and news reporting company. Today the combined

Thomson Reuters Company is the world’s largest

financial reporting organization in the world.

The Thomson Reuters company, with an office

in Rochester, continues to be the preeminent

provider of legal, tax, health, science and ac-

counting information in North and South America,

Europe and the Pacific rim.

Mengel, Metzger, Barr & Co. LLP is a regionalprofessional accounting firm that has providedaudit, tax and consulting services to many suc-cessful individuals and organizations for 35 years.Our practice includes over 85 professionals work-ing in offices in Rochester, Elmira, and Hornell,N.Y. We have earned a reputation for high-qualityservice by delivering measurable results that dis-tinguish us in the marketplace. Our clients range

from small closely held concerns to large, pub-licly traded companies.

To provide our clients the individual attentionand expertise they deserve, our firm utilizesspecialized service groups with in-depth expe-rience in particular industries, including man-ufacturing, distribution, construction, realestate, retail, financial institutions, not-for-profit organizations, healthcare, automotive

dealers, other service organizations. In additionto the traditional audit and tax services, wepride ourselves in the ability to offer additionalexpertise in the areas of business valuation, es-tate planning, management advisory, mergerand acquisition services, as well as personal fi-nancial planning.

At Mengel, Metzger, Barr, we measure ourachievement by the success of our clients. Everyclient engagement is a partnership, built on aphilosophy of mutual benefit. This spirit hasdriven our growth since 1975 and continues toguide us as we assist all of our clients in meetingand exceeding their business and personal goals.Giving back to the community that made us suc-cessful is one of the cornerstones of our philos-ophy. That’s why you will find the members ofour firm spearheading United Way fund drives;

serving on boards of corporations, not-for profits,and arts organizations; donating time to profes-sional organizations such as the New York StateSociety of Certified Public Accountants, the Es-tate Planning Council and the AICPA; and per-forming many other community-serviceactivities. We take our community service re-sponsibility seriously and encourage all mem-bers of our firm to work to improve the qualityof life for all.

Whether you are an individual looking forgreater financial comfort or a business seekingvaluable advice on a wide range of topics, we canhelp. By combining our business and tax savvywith a personal style that acknowledges theuniqueness of each of our clients, we have be-come trusted advisors to some of our region’s mostsuccessful companies and individuals.

Sponsors

Karpus Investment Management

i • Martindale-Hubbell has rated Bond and 88 of our attorneys “A/V” - a rating among peers rec-ognizing the best in our profession as having very high general ethical standards and very high legalability.

• The Best Lawyers in America® 2012 reported Bond as:

- the law firm with the most First Tier Rankings in New York State- the law firm Top Listed in New York State in seven areas of law- the law firm home to six recipients of “Best Lawyer of the Year”• Super Lawyers recognized 48 of our attorneys in seventeen areas of law.

N o v . 7 , 2 0 1 2 — T h e D a i l y R e c o r d 2 0 1 2 A t t o r n e y s o f t h e Y e a r 3

ALBANY BUFFALO CHAUTAUQUA GARDEN CITY NEW YORK ROCHESTER WATERLOO REGION | CANADA

PHILLIPSLYTLE.COM

© 2012 Phillips Lytle LLP

This year, The Daily Record is hostingour inaugural Attorneys of the Yearevent, honoring members of Rochester’slegal community who have dedicatedthemselves fully to the practice of law —showing a selfless, tireless commitmentto the profession over the course of a ca-reer.

The attorneys featured in this sectionhave each, in their own way, accom-plished significant things in their tenurewith the firm, company or organizationthey serve. There are many fitting exam-ples of these successes in the followingpages, and we asked each to share a fewdetails about their lives outside of the of-fice as well.

This special publication, in conjunc-tion with our Attorneys of the Yearevent, highlights recipients of two distin-guished award groups: the Top CounselAwards and the Leaders in Law Awards.

Several years back, The Daily Recordcreated the Top Counsel Awards pro-gram to honor hardworking and talentedin-house and general counsel inRochester. Because of the significant sup-port from the legal community of ourfirst Top Counsel event in 2010, we un-derstood the need to continue to call at-tention to this group of distinguished

attorneys each and every year. So againwe acknowledge another outstandinggroup of lawyers who contribute somuch to the success of their respectiveorganizations. They have done so whiledemonstrating exceptional character andintegrity, and have helped to advance therole of in-house and general counsel forall who follow in their footsteps.

We recently introduced the Leaders inLaw Awards as well, and the list ofachievements for the group we recognizethis year is impressive: From former barassociation presidents and managingpartners to significant awards at the local,state and national levels, the resumes andbios read not unlike a Who’s Who of theRochester legal community. Each cer-tainly has a long list of outstanding ac-complishments and serves as shiningexamples for others to follow.

Since 1996, The Daily Record has pre-sented The Nathaniel Award, named fornewspaper founder Nathaniel B. Ray-mond, to a member of our legal commu-nity who regularly goes above andbeyond the call of duty in the name ofjustice. In fact, the Nathaniel Award win-ner honored during our awards programis, fittingly, selected from this year’s illus-trious group of Leaders in Law. OurNathaniel Award recipient, indeed, is a

champion of justice, and we benefitgreatly from their work.

The Daily Record is, of course, ex-tremely proud to recognize our 2012Leaders in Law and Top Counsel, and ex-cited to announce the Nathaniel Awardwinner at this year’s awards presentation.We aim to, in some small way, shine alight on those recognized in this section.I hope you will enjoy reading about eachof our award recipients as much as weenjoyed putting their profiles together.

It is a testament to the talent level andexperience of the award winners that wecan only begin to summarize their suc-cesses in the following pages. The workthese attorneys handle can be complexand varied. But each profiled here hasone thing in common: A commitment toexcellence.

Congratulations to all — absolutelywell deserved!

Kevin M. MomotPublisher

Founded in 1938, Counsel Press is the largestand most experienced appellate services companyin the United States. Our expert attorneys andparalegals provide procedural and technical ad-vice to guarantee that briefs, records or appen-dices are of the highest quality and compliantwith all court rules, from coast to coast. We offera full range of traditional appellate proceduraland printing services as well as electronic briefand filing capabilities.

We annually prepare and file over 8,000 ap-peals, working with 1,500 law firms (including 98of the Am Law top 100) and with numerous cor-porate and government agencies. Counsel Pressis available to assist you, whether filing an appealwithin the New York State appellate courts, anyother state appellate court or appellate division,any of the 13 U.S. federal circuit courts and at theU.S. Supreme Court.

Counsel Press has local offices, with local ex-perts, in Buffalo, Rochester, Syracuse, and Wal-ton, New York to serve our upstate clients. Wealso have offices in New York City, WashingtonD.C, Los Angeles, Chicago, Philadelphia and anumber of additional cities throughout the nation.Every Counsel Press office has knowledgeablelocal staff with expertise in appellate procedure.

Counsel Press differentiates itself from thecompetition by having attorneys as sales consult-ants and trained paralegals specializing in appel-late procedure. Clients have direct access to thisexperienced staff, and are provided with unpar-alleled expertise in all procedural aspects of theappellate process. This ensures filings are in com-

pliance with all court rules. We use this expertiseevery day in (i) the sequencing and organizing ofdocuments, (ii) drafting of motions, statements,certifications, indices and notices, and (iii) thegeneral preparation, service and filing of docu-ments in state and federal appellate courts.

Completed appeals are filed with courts bothin paper and electronic formats as required bylocal rule. Our expertise also includes a full un-derstanding of how the documents are used by thecourts and how cases are processed. With thisbackground, we assist our clients with all aspectsof electronic document preparation and e-filingprocedures as well as advanced presentation op-tions, including fully hyperlinked briefs, recordsand appendices. Some state and most federal ap-pellate courts now require filings in electronic for-mat. Counsel Press has years of electronic filingexperience, and we have recently launched ourweb based client document portal. Our CP ClientPortal simplifies processing an appeal whenworking with us. The CP Client Portal site allowsyou to view information about current or pastcases we have in our system; upload documentsfor the preparation of a current case; view anddownload proof documents provided by your CPTeam; register for notifications about your cases;and download rules, guides, and checklists

Our team is highly skilled and highly regardedin the appellate industry for their expert assis-tance in the preparation and filing of appeals. Weare much more than a legal printing company, weare The Appellate Experts. Make Counsel Pressa part of your team for every appeal!

Honoring the Attorneys of the Year


PublisherKevin M. Momot

[email protected]

THE DAILY RECORDW E S T E R N N E W YO R K ’ S S O U R C E F O R L AW, R E A L E S TAT E , F I N A N C E A N D G E N E R A L I N T E L L I G E N C E S I N C E 1 9 0 8

Associate EditorKristy O’Malley

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ReporterMike Murphy

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DistributionRick Warner

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Group PublisherMary Mélon

Editorial content on these topics is published at the discretion of The Daily Record. For information,advertising or to submit articles, contact The Daily Record, 16 W. Main St., Rochester, N.Y. 14614 orcall us at (585) 232-6920, fax (585) 232-2740. Reprints of articles available upon request.

Entire contents copyrighted ©2012 The Dolan Company. All rights reserved. Reproduction in wholeor in part without written permission of the publisher is expressly forbidden.

Daily Record Corporation16 W. Main St.

Rochester, N.Y. 14614Phone: (585) 232-6920

Fax: (585) 232-2740www.nydailyrecord.com

Bond, Schoeneck & King PLLC 5

Chamberlain D’Amanda 18

Counsel Press 12

Fix, Spindelman, Brovitz & Goldman PC 16

GRAWA 22

Harter Secrest & Emery LLP 24

Karpus Investment Management 11

Manning & Napier 23

Mengel Metzger Barr 6

Nixon Peabody 19

Saunders Management 12

Paychex 12

Phillips Lytle 3

SUNY Buffalo Law School 16

Thomson Reuters 17

Wilmorite 23

Advertisers

Profile Index

Sara Stout Ashcraft 13

Arline L. Bayo Santiago 5

Richard S. Brovitz 14

Thomas W. Daniels 6

Edward P. Hourihan Jr 14

Harold A. Kurland 17

Lucien A. Morin II 18

Robert J. Sant 7

Stephanie L. Schaeffer 7

Stephen G. Schwarz 19

Stephen R. Sloan 8

James A. Vazzana 20

Richard T. Yarmel 20

Richard B. Yates 8

FIL

E P

HO

TO

Paley’s inspiration for The Nathaniel Award print

How can we portray the pursuit ofjustice, our system of law andexcellence in an individual’s

chosen profession all in one?This was the question The Daily Record

asked when looking for a way to honor re-cipients of The Nathaniel Award. Thenewspaper turned to an internationallyknown sculptor for assistance.

In 1996, Rochester sculptor AlbertPaley was commissioned to create a ren-dering representating the award, to beframed and presented to The NathanielAward recipients.

The print is unique in the sense thatno other organization honors members ofthe legal community in this fashion.

Paley has been commissioned to do anumber of projects, including sculpturesfor the Smithsonian Institution and theUniversity of Florida in Tallahassee. Inthe Rochester area, he is well known for“Genesee Passage,” a sculpture thatgreets visitors to Bausch & Lomb’s head-quarters. He also created “Bridge Rail-ings” for the City of Rochester whenMain Street was revitalized.

His work is displayed throughout thecountry and The Nathaniel Award is the

first print rendering Paley has ever beencommissioned to do.

“I wanted something that was sophis-ticated and would be appropriate for ac-knowledging the honor being conferredupon the various individuals,” he said.“With awards like this, I think this is re-ally something that is underestimated inour culture — the sense of symbolism.We deal on a day-to-day basis with verypragmatic situations ... and symbolismseems to play a very small role in ourdaily conscientiousness. But I think thatsubconsciously a symbolic content isvery important.”

“I think generally what the print dealswith is this state of equilibrium whereyou have order and chaos that continu-ally interact with one another,” Paley ex-plained. “Order being the structure oflaw that regulates and evaluates humanendeavor, which by its nature is chaoticand ephemeral and ever changing.”

“In print you will see that there arelogical systems of order that are dealingwith other systems that are more frag-mented and more chaotic and the onesystem interacts with the other,” Paleysaid. “There is some imagery like sheets

of paper or parchment that is kind ofspun through the composition and thatvery specifically relates to The DailyRecord, whether it’s the newspaper orvarious briefs — that type of thing and

the composition is anything but staid —it is dynamic, it deals with emotion andinteraction. And the same as human ac-tivity — it is not staid, it is not formal, itis one that is ever changing.”

Arline L. Bayó Santiago feels fortu-nate to have received “a full ride” schol-arship to a private, independent highschool in New York City, which bol-stered her working class parents’ empha-sis on education.

“It changed my life – I have no doubt– in many ways,” she said.

She went on to complete her under-graduate studies at Yale University, ma-joring in history. She got her JurisDoctor from the University of Pennsyl-vania Law School and began practicinglaw in 1990.

But the notion to become a lawyertook shape when she was a young girl –a seventh-grader from Puerto Rico whomoved to New York with her family andwas still learning English.

“I think it started with the book ‘ToKill a Mockingbird,’” she said, notingthat her father gave her a copy ofHarper Lee’s 1961 Pulitzer-Prize-win-ning novel after he had finished readingit. “The need for our legal system to treatpeople fairly and justly resonated withme.

“It just left such an impression on me,in terms of the good you can do,” BayóSantiago added. “That’s really what in-spired me to go to law school.”

She started her legal career as a litiga-

tor, working in Philadelphia. After shemarried, and she and her husband (whois from Spencerport) had their secondchild, he suggested they relocate toRochester.

“I always joke that Fernando con-

vinced me that the weather’s so muchnicer here than [it is] in Puerto Rico,”Bayó Santiago said with a friendly laugh.“He’s a good litigator!” And the movehas served them both well. Earlier thisyear, Fernando celebrated the opening of

Santiago Burger Annechino LLP. Bayó Santiago spent her first year in

Rochester practicing at a small firm. Shethen joined Kodak and wrapped up her


Arline L. Bayó SantiagoSenior Vice President & General Counsel — ESL Federal Credit Union

Top Counsel Awards

ALBANY BUFFALO GARDEN CITY ITHACA NEW YORK CITY OSWEGO ROCHESTER SYRACUSE UTICA NAPLES, FL OVERLAND PARK, KS

OUR ROCHESTER TEAM JORDAN ALAIMO KATHY BENNETT JEFFREY CLARK CRESSIDA DIXON KARL ESSLER

TIMOTHY FITZGERALD F.L. GORMAN JAMES HOLAHAN EDWARD HOURIHAN LOUIS JIM PETE JONES

BOB KIRCHNER BRIAN LAUDADIO PETER LUTZ NICOLE MARRO GREGORY MCDONALD JOSEPH NACCA

JEREMY OCZEK INGRID PALERMO DAVID PIETERSE EDWARD RADIN KEVIN RECCHIA COURTNEY WELLAR

Want to learn more? Visit www.bsk.com or call any of the attorneys in our Rochester office at (585) 362-4700.

When you partner with Bond, Schoeneck & King, PLLC, you’re not just getting experienced, responsive service from a local law firm. You are also building a Bond with more than 200 of the Northeast’s top legal professionals. With expertise in a broad range of disciplines and shared resources in every major city in New York, you’ll quickly discover: Bond is everything.

WE BUILD A BOND.

We are proud to congratulate our own, Edward P. Hourihan, Jr.,

recipient of the Leaders in Law Award. Bond also extends its congratulations to each of the

2012 Leaders in Law and Top Counsel Award honorees.

BY CHRISTINE G. ADAMOSpecial to The Daily Record

See BAYÓ SANTIAGO page 9

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One day, Thomas W. Daniels may bediscussing litigation with a risk manager.The next he might be talking with ac-countants about construction projects.

On another day, he could be wearinghis business hat and talking over tenantissues. And then there are the days whenhe’s involved in talks on a casino underdevelopment in California.

Any or all of the above is just a day inthe life for Daniels, 51, who is corporatecounsel at Wilmorite. Although bestknown locally for owning Eastview Malland the Mall at Greece Ridge, Daniels iscareful to point out the Chili-basedcommercial real estate development andmanagement company is more thanabout shopping.

Many people may not realize aboutthe company’s work at Park Place devel-opment at Rochester Institute of Tech-nology or dorm projects in Syracuse andother developments at other colleges, forinstance, he said. Or, for that matter, itswork managing apartment complexes,office buildings, resorts and hotels andother holdings, he said.

In other words, he and the people heworks with have to wear a lot of hats,but they all fit for Daniels.

“Wilmorite is a big company with alot of interests in different areas,”Daniels said. “The deal making is fun

and interesting, and it’s always a chal-lenge. Also, the day to day is interesting.”

Daniels has been with the companysince 2001, but his career path took offon a somewhat different route.

His father was a retired Army officer,and Daniels was born in Germany and

lived for a time in Belgium before mov-ing here when he was 11. He served ayear in Japan in the Marines as a combatengineer as well as two more years inNorth Carolina.

Daniels was a member of the Reserveswhile attending St. John Fisher College

in Pittsford.For some, political science launches

careers in politics and government.Daniels preferred the law, thanks to

two of his professors at Fisher. One,


Thomas W. DanielsSenior Counsel — Wilmorite

Top Counsel Awards

BY MIKE MURPHYDaily Record Reporter

See DANIELS page 9

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There is Stephanie L. Schaeffer’s roleas vice president, chief legal officer andcorporate secretary at Paychex, whereshe manages the Penfield-based com-pany’s legal department and helps defineand carry out corporate strategies for anoperation with billions of dollars in an-nual revenue.

Then there is her volunteer role,which Schaeffer believes is just as im-portant. She is immediate past presidentof the board of directors for the Volun-teer Legal Services Project, which pro-vides free civil legal services to thosewho cannot afford it.

“I just believe in what they do,” Scha-effer said. “As lawyers, we have an obli-gation to give back to the community.”

Her advice for young attorneys is getto know as many people as possible andexperience as much as possible becausethe road will take you to unexpectedplaces.

After all, that’s what worked for Scha-effer.

There were no lawyers in her familyand she didn’t know any lawyers, but aseventh-grade teacher in Knoxville, Ill.,sparked an interest in law and govern-ment and set her on her career path.Students were encouraged to debate, askill she makes great use of today.

“I enjoyed standing up and arguing aposition,” Schaeffer said.

Schaeffer graduated in 1992 with a

degree in government and internationalrelations from the University of NotreDame, where she met Rochester nativeand her future husband, Paul.

Schaeffer continued at Notre Damefor law school and was admitted to theNew York bar in 1995. After serving asan associate in a Rochester law firm for

a time, she went on to clerk for U.S. Dis-trict Court Judge Michael A. Telesca forthree years. That’s when she developedan interest in commercial and corporatematters.

Soon, Paychex called with the oppor-tunity to work for a company she calls a“shining star in Rochester and nation-

ally,” and her answer to the offer was:“Yes, absolutely.’”

“I jumped at it,” said Schaeffer, whosecareer there has soared.

Previously appointed director of legalaffairs and vice president and chief legal

When someone fills a slew of roles, itis not out of the question to wonderwho they are underneath it all. In thiscase, that someone happens to beRobert J. Sant.

So, exactly who is this man whoprefers to be identified simply as “Rob”?Is he a lawyer? A father? A basketballplayer? A rugby fan? A McQuaid grad?He is all of that and more.

Sant has served as counsel to E. PhilipSaunders since 1991. However, he hasbeen affiliated with Saunders Manage-ment since 1986 – initially serving asgeneral counsel for Sugar Creek Corp.and its two subsidiaries: Griffith Energy,Inc. and Sugar Creek Stores, Inc.

“I’ve been working for Phil Saunders[and his various entities] for 20-plusyears, which has been wonderful,” Santexplained.

Sant was instrumental in the re-pur-chase of Griffith Energy and its subse-quent 2010 sale to itssuccessor-by-merger Superior Plus En-ergy Services, Inc., where he currentlyholds the position of general counsel. Heserved as a member of and chief legal of-ficer for Impact Technologies, LLC untilits sale to Sikorsky Innovation in 2011.

“I [like to] say I’ve gone to SugarCreek University, because of watching

and learning from Phil,” Sant said. “Theway he approaches things is unique. It’sconstant entertainment. He’s not only agood guy, but he’s brilliant in his ownright and … very philanthropic, as well.”

Sant has handled the acquisition of

more than 75 businesses and 100 com-mercial properties worth an estimated$1.5 billion and continues to serve ascounsel to E. Philip Saunders, SaundersManagement and its affiliated compa-nies. He has even litigated a variety of

environmental, employment and busi-ness disputes.

“He is also a great father, friend, ahard worker and a good citizen,”


Robert J. SantChief Counsel — Saunders Management

Stephanie L. SchaefferVice President & Chief Legal Officer — Paychex

Top Counsel Awards

Top Counsel Awards



See SCHAEFFER page 9

See SANT page 9

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Stephen R. Sloan likes a challenge,and his career history reflects this drive.

He joined Lifetime Healthcare Com-panies Inc. and its affiliate, ExcellusHealth Plan Inc., in 2006, as senior vicepresident and general counsel. Sloan isalso chief administrative officer of thisgroup of health plan companies that in-cludes Excellus (doing business as Excel-lus BlueCross BlueShield in Rochester),Univera Healthcare, MedAmerica Insur-ance Companies, Lifetime Care HomeHealth and Hospice/Home Care Plus,along with nursing agencies, employeebenefits companies, and other organiza-tions with combined revenues of $6 bil-lion. In March 2009, Sloan was electedsecretary of Excellus and all of the Life-time Healthcare Companies.

Sloan oversees all legal matters for thecompanies, subsidiaries and affiliates ofExcellus and all of the Lifetime Health-care Companies. From his office at 165Court St., his responsibilities involvemore than 50 locations in upstate NewYork, and some 6,000 employees thatserve more than 1.8 million peopleacross this portion of New York.

Sloan has worked to establish a strongcompliance culture throughout the or-ganizations. His nomination indicatedthat “his level-headed approach to com-

pliance and regulatory questions hasearned him the respect of regulators aswell as the legal staff’s internal cus-tomers.”

Since joining the Lifetime Companies,Sloan has reorganized the corporate

legal department from one that handledproblems on a regional basis (with gen-eralists handling issues in each region) toone focused on creating experts withspecific areas of concentration. This ap-proach has also helped the legal staff de-

velop into business problem solversrather than just responders to legal is-sues. The legal staff now works in a morecollaborative and customer-oriented

Richard B. Yates spends his days navi-gating through complex rules in theheavily regulated financial industry.

It is up to him and two other corpo-rate attorneys at Manning & Napier tosafely guide the firm and its clients,translating legal realities into a particularbusiness context, while protecting theirinvestments. He is well aware of thescandals that have plagued other finan-cial services companies in recent yearsand is proud of helping Manning &Napier maintain its clean operatingrecord in a very dynamic and changingregulatory environment.

Yates said he was completely sur-prised when he learned he had been se-lected as a Top Counsel recipient.

“It’s terrific,” he said. “There’s kind ofa humbling angle to it, as well.”

Yates is the chief legal officer and sec-retary of Manning & Napier, the Perin-ton firm where he has worked sinceNovember 2000. A self-proclaimedpragmatist and consensus builder, hesaid it is important to understand thebusiness, know your clients and commu-nicate effectively with non lawyers,translating complex legal issues intobusiness strategies to achieve positive re-sults. The skills he considers most valu-able are being able to identify andanalyze issues with an eye toward a so-lution.

He spent a good portion of last year

preparing for the firm’s transition into apublic company, which took place withits initial public offering in the fourthquarter. The company’s shares are nowtraded on the New York Stock Exchangeunder the ticker MN.

Now that the company is public,

Yates said it has created a different, butexciting, set of challenges. Added to thatare the economy and health care reformand, of course, there is always balancingthe public market needs with the legacyof confidentiality in the private assetmanagement world.

“I love being a contributing memberto a team,” Yates said. “Manning andNapier has always had a team approachto its business. I want to help this busi-ness and help our community be better.


Stephen R. SloanSenior Vice President, General Counsel — The Lifetime Healthcare Companies Inc.

Richard B. YatesChief Legal Officer & Secretary — Manning & Napier

Top Counsel Awards

Top Counsel Awards

BY NORA A. JONESSpecial to The Daily Record

BY DENISE M. CHAMPAGNEDaily Record Reporter

See SLOAN page 10

See YATES page 10

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Donald E. Bain, is now president of thecollege. The other, John D. Harman, ischair of the political science department.

Together, they gave Daniels direction.“They made it interesting to learn

about law and society and how the twointeract,” Daniels said. “I felt compelledto continue learning about law and learnhow business works.”

After graduating from Fisher in 1988,

Daniels worked for a year in banking,then went on to the University of Day-ton School of Law, which included ayear as a visiting student at Albany LawSchool. He graduated in 1992.

For several years he worked at local lawfirms and for a time, in solo practice. But,he said, he enjoys the challenges associ-ated with working for a large business.

“It’s fun to work in a corporate envi-

ronment,” Daniels said. “What’s reallynice is I work with a lot of nice, excellentattorneys all over the country. I get towork with a lot of attorneys and firmswho are the best at what they do.”

Daniels is a former board member ofLDA Life and Learning Services, a non-profit agency that helps people withlearning disabilities, attention deficit dis-order and other developmental disabili-ties. He continues to do work with itsfinance and audit compliance commit-tees. He also enjoys spending time with

his family: wife, Barbara, and two daugh-ters.

When he turned 50 he hung up hishockey skates and bought a bike.Daniels, an Irondequoit resident, enjoyshitting nearby trails on Lake Ontarioand Durand-Eastman and Seneca parksto unwind and enjoy the view.

“I haven’t had the heart to sell thehockey equipment,” Daniels said. “Theeasiest thing to do is to hop on a bikeand take off. I like it. It’s an easy way tokeep fit.”

Danielsn from page 6

officer, Schaeffer was appointed corpo-rate secretary a year ago. Among manyduties, she is responsible for recruiting,hiring and managing a team of attorneysand paralegals at Paychex, and also par-ticipates in strategic planning and pro-vides legal advice on mergers andacquisitions.

In addition, she is responsible for theexecution of the company’s $1 billionstock buy repurchase program as well asregulatory and compliance matters.

Schaeffer also is credited with suc-

cessfully managing a multi-year com-mercial litigation, with favorable trialresults for the company. Also, she hasdefended and protected the company’sintellectual property rights, and throughher expertise, helped the company growin Europe.

All of the responsibilities make hercareer challenging and rewarding, shesaid.

“Professionally, it’s being part of agrowing company,” Schaeffer said. “Asthe company grows, I get to do new

things and grow.”Faith, family and community service

also keep her going.As member and immediate past chair

of the United Way Community Invest-ment Cabinet, Schaeffer helps the non-profit identify community needs anddevelop priorities for the agency’s two-year funding cycle. She also is a memberof the Ethisphere Council, which is aninternational group of business profes-sionals who share information on ethics,governance and environmental sustain-ability, and the Rochester GeneralCounsel Roundtable.

Schaeffer, a Pittsford resident, re-cently joined the board of directors of

St. Joseph’s Villa. She also is active at St.John of Rochester Church in Fairport.

While her corporate and civic dutiesand family take up much of her time,she, her husband and two sons enjoytrips to the Adirondacks. She also likesto golf, downhill ski and read.

Sometimes in the fall, she’ll reminisceabout her days at Notre Dame, and howyou could feel the electricity in thecampus air as football game day ap-proached.

“We’re avid Notre Dame footballfans,” Schaeffer said. “We’re definitelywatching the Irish every Saturday.”

Schaeffern from page 7

Saunders added.Sant is a founder and ongoing partici-

pant in the Pittsford Men’s BasketballLeague. When he is not competing in thePMBL, he lifts weights, plays softball,hunts and golfs. He plays rugby, too. Well,not as much as he did in his RochesterAardvarks days. But he still plays.

While his children (Courtney, 22,and Troy, 21) were growing up, heplayed an active role in youth sports –coaching basketball, baseball and soccer.He formed and coached several highlycompetitive AAU basketball teams. Hewas formerly the president of PittsfordHigh School Football Boosters. Morerecently, he helped advance the Pitts-ford Turf and Lights initiative.

“[Coaching] gave me great joy,” hesaid. “Team sports, particularly withkids, gives them time management, selfdiscipline, social skills and checks off so

many boxes. I’m an advocate of sports.I don’t think they’re the ‘be all end all,’but there are so many positives [to begained].”

So, does Sant ever call a time out?“My friends accuse me of being a

workaholic since I have things comingat me from all sides,” he admitted. “Atone point in my morning I’ll be work-ing on litigation. Next it’ll be a real es-tate transaction. Next it’ll be anemployment matter. That’s prettymuch my day.”

But, accomplishing a wide variety ofgoals is an act of a necessity.

“As counsel to the various entities,my role is to get it done. I’m not com-pensated by the hour,” he said. “Nor isthere any incentive for me to compli-cate a matter and increase my own fee– which is one of the reasons I joinedPhil 20 years ago.

“I’ve enjoyed that aspect of [my rolehere],” Sant added. “My job is to get itdone as efficiently and expeditiously aspossible – whether it be litigation, atransaction or any other matter. Andthat’s been a good fit for Phil, as well.

“Probably the thing that drives methe most are my two kids. I’ve got a sonplaying football at Fisher. [Troy’s] anAll-American. [Courtney, a graduate ofSUNY Geneseo,] just got a job in ad-vertising and marketing. We’re dis-cussing whether she wants to go tograd school, including whether shewants to be a lawyer or not,” Sant said.

While his grandfather is a lawyer andhe remembers his mother describingthe profession as being very “noble,”Sant encourages others – including hisown daughter – to take a practical ap-proach to making that decision. Lookinto schools. Shadow a few profession-als. Consider the amount of debt youmay need to contend with.

And, once a decision has been made,do what you choose – very well.

Admittedly, Sant has trouble decid-ing whether arrogance, sports-orienta-tion or a competitive nature is whatdrives him. Yet, he is happy knowingthat the work he does helps get the jobdone.

“It’s been an exciting ride and myprivilege to work for Phil Saunders,”Sant explained, adding that a fair shareof the cases, successes and situations hehas been involved in have “Seinfeld”-like back stories attached to them.

But, unlike the loose lips of theshow’s colorful cast of characters,Sant’s are sealed.

“I think that’s why they keep mearound,” he laughed.

Sant completed his undergraduatestudies at SUNY Albany, where he ma-jored in business with a concentrationin finance and minored in economics.He received his juris doctor fromSUNY Buffalo Law School.

Santn from page 7

nine years there working on mergersand acquisitions alongside Sharon Un-derberg – a 2011 Top Counsel Awardwinner.

“[Kodak] was my first venture intothe in-house counsel world,” she ex-plains. “Being in-house really gave methe opportunity to work on things be-fore they went wrong. I’ve come tolove it.”

It also allows her to participate in acreative process that benefits her busi-ness clients.

“As a senior VP, there are also otherexpectations [of me]. I view it as anopportunity to set us on the right trackearly on rather than once the horses areout of the barn and we have a prob-lem.”

She considers Kodak a lucky break.“Gary Van Graafeiland and Joyce

Haag both took an interesting ap-proach [to providing in-house coun-sel],” she said. “Not only in terms ofhow they led their legal team, but interms of how they interacted with the

business client. They definitely werethe lawyers at the table, but theybrought a lot more [to the process]. Ilearned a great deal from both ofthem.”

Bayó Santiago learned to lookthrough a business lens before predict-ing potential legal issues. She learnedto maximize everyone’s opportunitiesby understanding the perspectives ofall parties involved. She learned to es-tablish realistic parameters and take acooperative approach to problem solv-ing.

“With my team I always say, ‘Look.We know the legal stuff quite well. Wehave to learn the business side of [thissituation and recognize] the pressureson our business clients in order to un-derstand their perspective,’” she said.

Bayó Santiago enters into discussionswith an emphasis on brainstorming andprefers that everyone checks his or herown fluency with legalese at the door.Simpler, she said, is better.

“I’ll say, ‘English is my second lan-

guage. Let’s do this in a language that Ican try to understand,’” she noted.

Humor clearly plays an integral rolein helping her develop rapport withothers.

“That gets [people] to be open aboutwhat we really need rather than over-complicate [things],” she said.

If a contract needs to be defended inlitigation, she adds, she wants theprocess to be easy on everyone. Thatlight-hearted, self-effacing yet prag-matic approach works with for BayóSantiago, her business clients and herlegal team.

In 2008, Bayó Santiago joined ESLFederal Credit Union, which wasfounded in 1920 by George Eastman.The financial institution is headquar-tered in Rochester and is reported tohave $4 billion in assets.

After being hired by ESL, shelearned that seeming “normal” and“easy to talk to” helped sealed her fateduring the interview process. But, itseems, those are only a few of her ad-mirable traits.

Her Top Counsel nomination beganwith a checklist of other characteristics

colleagues appreciate in her. They in-clude routinely demonstrating excep-tional character, integrity and ethics,supporting innovation and having aproven ability to make a positive im-pact. It all adds up to a personalitywhich helps her do “an outstanding jobof running ESL’s Legal Department.”

That department consists of two ad-ditional full-time lawyers, one compli-ance manager, one compliancespecialist and one contract and insur-ance administrator. Together the teammanages the credit union’s legal andregulatory affairs, compliance programand credit union community relation-ships.

She and her husband have threechildren who are currently attendinghigh school. Claire, 17, is a senior. SonAlex, 16, is a junior. Alina, 15, is afreshman. The kids are all tennis play-ers. Fernando is, too. As for Arline?

“They will humor me and let meplay,” she joked.

Well, there is something to be saidfor good-natured humor and Bayó San-tiago’s fluency with it.

Bayó Santiagon from page 5


fashion with its internal customers, inturn reducing the reliance on outsidelegal counsel.

His responsibilities touch many facetsof the business, including internal audits,investigation of fraud, dealing with di-versity and corporation culture. He isalso involved in human resources, cor-porate communications, public policy,facilities management, risk managementand board governance.

As CAO, Sloan recently oversaw theinitiation of a wellness program for em-ployees. He said he is determined toachieve the prestigious ranking by For-tune magazine as one of the “100 BestCompanies to Work For.” To that end,Lifetime Healthcare Companies part-nered with the Great Place to Work In-stitute to offer an annual survey to itsemployees with the intent that feedbackwill provide the key information neces-sary to achieve better organizational un-derstanding, he said. Sloan’s goal is toachieve this status by 2016 among thesome 55 offices in his geographic region.

“I like to see people grow and de-velop,” Sloan said.

“Throughout his legal career, Sloanhas demonstrated extraordinary leader-ship and legal expertise,” writes attorneyMark Moretti of Phillips Lytle LLP. “Hisdistinguished service has earned the re-spect and admiration of his colleagues.

His dedication, enthusiasm and workethic make him a true asset to LifetimeHealthcare Companies and the clientsthey serve.”

Sloan’s interest in the law dates backto his childhood, which was split be-tween Albany and the Buffalo area.After finishing high school in East Au-rora, he viewed his undergraduate stud-ies at the University of Rochester aspreparation for law school. Earning aBachelor of Arts in history, Sloan contin-ued his education at the State Universityof New York at Buffalo School of Law,completing his juris doctor degree cumlaude in 1982.

Right out of law school, he was hiredby DeGraff, Foy, Holt-Harris & Mealeyin Albany. He gained experience in busi-ness and litigation, making partner andcontinuing with the law firm until 1995.When he decided he wanted to leaveprivate practice, he divested his partner-ship, continuing with the firm as ofcounsel for a time.

Shortly thereafter, the board of theCapital District Physicians Health PlanInc. hired Sloan as counsel to help im-plement self-management. CDPHP of-fered a wide variety of products andservices – including HMOs, PPOs andMSOs – operating primarily in upstateNew York and Vermont. At the time itwas under a management agreement

with Independent Health Association.“CDPHP had no legal department at

that point,” Sloan noted. “We did moveto a self-managed operation, and my po-sition evolved over the years. When ourCEO left, I served as COO and interimCEO while we led a national search fora new CEO.”

By 2006, CDPHP had grown to a $1billion company, and Sloan decided itwas time for a new challenge. Withouthaving a definite plan, he investigatedopportunities, fully content to stay in Al-bany, he said. Christopher Booth, nowCEO-elect of Excellus and the LifetimeHealthcare Companies, contacted Sloanabout an opportunity in Rochester.Through a series of discussions, Boothconvinced Sloan to interview for thegeneral counsel position, and the rest ishistory, he said.

Sloan is a member of the New YorkState Bar Association and joined theMonroe County Bar Association uponhis arrival in Rochester over six yearsago. He is also a member of the Ameri-can Health Lawyers Association.

Sloan is on the board for Camp GoodDays and Special Times and holds theposition of vice treasurer. He is also onthe board for Junior Achievement, andis a member of the RIT President’sRoundtable. He said he particularly likesthe Junior Achievement objective of ed-ucating school age kids about finances.

Sloan admits he doesn’t have a lot oftime for hobbies, but is interested in ski-ing, golf and paddle tennis.

“In recent years, we were very in-volved with our children’s activities,” hesaid of himself and wife, Debbie. “But Ihave an interest in woodworking, fish-ing, stamp collecting and spectatorsports. Although much of my reading isdevoted to current events and legal mat-ters, I like to read mysteries for fun.”

Sloan’s wife is originally fromSpringville. Although trained as a regis-tered nurse, she is currently involved ina number of nonprofit initiatives, im-mersing herself in the Rochester com-munity, he said.

Their daughter Lauren (21) is in herfourth year at Syracuse University,studying architecture. Stephen Jr. (19) isin his second year at the University ofRochester, pursuing his interest in bio-medical engineering.

“Our children were in eighth and10th grades when we moved,” Sloan re-called. “I would check in with the familyto make sure our relocation toRochester was working. The kidsadapted quickly and the whole familyliked it here. We enjoy the offerings ofthe area, and we were already accus-tomed to the weather.”

When asked what he might advise ayoung person grappling with educationand career choices, Sloan said, “I’d tellthem to pursue their interests. If theyare interested in law – which is a greatbackground to use in many ways – I’dsuggest focusing on writing. Reading andwriting is what I do much of the day.”

Sloann from page 8

I know it sounds corny, but I want tomake the world be a better place.”

Not one to easily brag about his ac-complishments, the humble Yates grewup in Canandaigua. He was in his junioryear at the University of Rochester,studying history and political science,when he started looking for ways to getto New York City. He already wanted tobe involved with the corporate scene.

He said his parents owned a smallcommunications business and he grewup in a business environment.

“My parents and grandparents all con-

tributed in different ways to develop awork ethic and a value system that is ac-tually very easy for me to fulfill,” Yatessaid. “A well-run business can be a verynoble contribution to our society. I feelparticularly strong about that with Man-ning & Napier and the way we do whatwe do.”

He graduated in 1987, a time he saidwhen there was an environment drivenby corporate merger-and-acquisitiontransactions. He was intrigued with howthe legal and business worlds convergedand worked in New York City for two

years before going to law school.After graduating in 1992 from Brook-

lyn Law School, Yates went to work inthe Finance Department at the law firmof Skadden Arps. In 1996, he moved toLehman Brothers Holdings Inc., wherehe worked about four years.

By then he was married with twosmall children and he and his wife Car-oline were thinking about moving up-state for a better quality of life, not tomention a much shorter daily commute.

He was familiar with Manning &Napier and gave them a call. In what heconsiders “a serendipitous kind of as-pect,” the firm’s first corporate counselwas moving on, so there happened to bea vacancy – which Yates came to fill 12

years ago.“It’s been terrific,” he said. “It’s been,

for me, professionally challenging. Com-ing here was not professionally going outto pasture.”

His family, including two teenagers,now lives in Brighton. Yates is also a war-den at St. Thomas Episcopal Church,serves on the county board for theAmerican Diabetes Association and theSeneca Waterways Council, Boy Scoutsof America. He is also passionate aboutthe Brighton Lacrosse Club (he playedthe sport as a boy) and enjoys skiing,going to the beach, gardening, cooking,drinking wine and listening to music.

Yatesn from page 8

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“You aren’t from around here areyou?” people often ask after meetingSara Stout Ashcraft – partner at AshcraftFranklin Young & Peters, LLP – eventhough she has been in the Rochesterarea since moving here because of herhusband’s job nearly 25 years ago.

That’s because Ashcraft is a native ofWest Virginia, her accent a noticeablecontrast to the traditional Rochestertwang. She earned her bachelor’s degreein psychology and sociology at ConcordUniversity in Ashford, W.Va., where shealso met her husband, Bob, who hasbeen by her side for 38 years. She fol-lowed him to Texas, Virginia and ulti-mately Rochester, while continuing herown education and building a broadrange of career credentials.

“I always wanted to be a lawyer,”Ashcraft said. “My father studied pre-law. I’m sure he could have passed theWest Virginia bar exam with his years ofbusiness experience. His influence wascertainly a factor in my desire to becomea lawyer.”

As the story goes, her road to lawschool had a number of detours and sidetrips, adding depth and breadth of expe-rience to her eventual juris doctor fromthe State University of New York at Buf-falo School of Law in 1995. She gradu-

ated cum laude, earning the Milton FryAward in Family Law.

She took both the New York State Barand the West Virginia Bar in her firstmonths out of school, while she begangaining experience in family law work-

ing for Sharon Kelly Sayers. Ashcraftcontinued her practical legal educationwith Sayers before venturing out on herown in 1998.

Ashcraft Franklin Young & Peters isthe result of a long-time friendship/men-

torship between Greg Franklin andAshcraft. In 2002, Goldman, Newman,Shindler, Franklin & Young evolved intoa new entity with the addition of


Sara Stout AshcraftPartner — Ashcraft Franklin Young & Peters LLP


See ASHCRAFT page 15

Saunders Management Would like to give a heartfelt thank you to

Robert SantOver the past 21 years Rob has risen to every

occasion and handled multiple issues on behalfof Saunders Management, Griffith Energy,

Sugar Creek Stores, Travelports and our manyLLCs. Rob is the epitome of hardworking; truly

driven in every aspect of his life. Our appreciation for his loyalty, friendship

and dedication is limitless.

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Vision, enthusiasm and leadership arefundamental assets attributed to EdwardHourihan Jr. by the colleagues andcoworkers who submitted his nomina-tion. Hourihan’s role in opening andbuilding the Rochester office of BondSchoeneck & King PLLC has demon-strated both his dedication to clients andhis desire for fellow members of the barto succeed.

“Ed is one of the most grounded, car-ing good-souled, big-hearted, fair, trust-worthy, positive people I know,”Timothy Fitzgerald wrote in support ofHourihan’s Leader in Law nomination.“He loves people and people love him.At the same, he is a skilled motivatorand a fierce competitor. All of these at-tributes give him a special ability to lead.That is why he leads without trying.”

Born just south of the Canadian bor-der in Masena, N.Y., Hourihan’s familymoved to eastern Connecticut when hewas young and he grew up with a specialfondness for New England.

Hourihan said he appreciates howmuch his parents encouraged and sup-ported him as one of eight children.

“I’m the third child, and the youngestboy,” he shared. “From our earliest years,my parents instilled in all of us the im-portance of education – and all eight ofus completed college.”

He admits he wasn’t sure what he’ddo with a liberal arts degree as he earned

his bachelor’s degree in English fromSiena College. He had some friendsgoing to law school, and said he foundhe particularly enjoyed a constitutionallaw class his junior year.

“I was really drawn to the debate peo-ple would have regarding importantquestions of the day,” Hourihan said. “Iadmire people who advanced their con-victions under very difficult circum-

stances; those who championed thecause of those who could not advocatefor themselves.”

College professor and adviser LeonardCutler, a master of the Socratic method,had an influence on his decision to focuson law. After completing his Bachelor ofArts in 1987, Hourihan attended West-ern New England University School ofLaw, earning his juris doctor in 1990,

while clerking for the Hon. Owen Egan,a U.S. magistrate in Hartford, Conn.Hourihan’s first job out of law schoolput him at a Connecticut police unionas one of the in-house counsel.

Hourihan said he was still dating hiscollege sweetheart, Bridget Dee, whowas from Rochester, when he decided to


Edward P. Hourihan Jr.Managing Member — Bond, Schoeneck & King PLLC

See HOURIHAN page 16


Recession claimed the men’s storethat Murray Brovitz once owned inRochester, and so he pumped gas andworked as a traveling salesman in theclothing industry, anything he could doto make ends meet for his family, whichincluded two young children.

His father rebounded and eventuallydid quite well, but came away with animportant piece of advice, said one ofthe youngsters, Richard S. Brovitz.

His father stressed the value of edu-cation and urged his kids to go into oneof four professions: accounting, den-tistry, medicine or law.

“He’d say, ‘Once you have that license,they can’t take it away from you,’” saidRichard Brovitz, now 61 and managingprincipal of Fix Spindelman Brovitz &Goldman PC.

Brovitz chose law, although he ma-jored in accounting at Syracuse Univer-sity, where he also earned his law degree.In fact, he worked in accounting for atime.

As many clients say, he has a head forbusiness. And as his teachers once said,he has a knack for making a point.

“I was pretty persuasive when it cameto discussions in class,” Brovitz said.

And the combination of the two hasmade for quite a career.

His profile says his practice focuses on

business law, including corporate law,commercial real estate, telecommunica-tions law, and wealth and estate transi-tional planning. He’s had experience asa litigator, and has worked with and

helped entrepreneurs, representing es-tablished companies and lenders, andhandled transactions by the thousands.

A company he helped form for aclient eventually was sold for millions,

he said. But when it comes down to it, he said,

his 30-year legal career has been and

Richard S. BrovitzManaging Principal — Fix, Spindelman, Brovitz & Goldman PC

See BROVITZ page 15


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Ashcraft and a renaming of the firm.After earning her master’s degree in

clinical psychology in 1978 at MarshallUniversity, Ashcraft worked at the WestVirginia State College as a counselor,running group counseling and testingprograms. When her husband’s job tookthem to Dallas, she worked as a re-cruiter for electrical and electronic en-gineers.

“It was a job I was good at,” Ashcraftsaid. “Although I took the LSATs hopingto get into Southern Methodist Univer-sity, by the time I had planned to apply,I had a successful career as a headhunter.I later left that career to continue mywork on my Ph.D. in psychology atTexas Womans’ University.”

In bits and pieces, Ashcraft continuedwith doctorate level courses at VirginiaTech and the University of Virginia asher husband’s corporate transfers tookthem to Washington, D.C., and Virginia.

While studying at UVA, she learnedthe university was looking for a coun-selor; the day Ashcraft was offered thecounseling job, her husband was offereda position at his company’s Rochestercorporate offices, she said.

Upon her arrival in Rochester,Ashcraft found an adjunct position atMonroe Community College, where shemet attorney Nancy Holtbye. Holtbyelater took Ashcraft to the UB law cam-pus, and re-instilled in her the drive to

get a law degree.In those early Rochester days,

Ashcraft interned at the National Insti-tute for the Deaf at RIT, learning signlanguage to provide counseling to stu-dents. She also helped teach a street lawclass – basic legal knowledge the hearingworld picks up in day to day life experi-ence.

“It is surprising how many things thehearing community learns just from ex-posure to conversations,” she noted.“One of my sign language professors,who is deaf, told us that every week heread a variety of newspapers, includingthe National Enquirer – which he readto keep up on the celebrity gossip thathearing people get from the radio.”

Ashcraft said City Court Judge AnnePfeiffer, with whom she interned whilestill at UB, connected her with theGreater Rochester Association forWomen before she even graduated. Shehas been a member ever since, and saton the GRAWA board multiple years,serving as GRAWA president June2006-2007.

Current GRAWA President KimDuguay noted, “While a GRAWA boardmember, Sara suggested collecting lug-gage and backpacks for children in fostercare as a Law Day project … [she] real-ized that foster children are oftenmoved around without an item withwhich to carry their personal belongings

except perhaps a trash bag.”Ashcraft stresses the importance of a

women’s bar association and other pro-fessional organizations, noting the valueof a smaller, more flexible bar.

At the same time, she is an activemember of the New York State Bar As-sociation and the Monroe County BarAssociation, currently chairing the Fam-ily Law Section. She has presented nu-merous CLE programs at both the localand state levels and writes a monthlycolumn on matrimonial and family lawfor The Daily Record.

She is also a member of the West Vir-ginia Bar Association, which she notes, isthe only bar association in her homestate, which has far fewer attorneys thanNew York.

Since 1998, she has also been a mem-ber of the Fourth Department Attorneyfor the Children Panel and serves as avolunteer presenter in the A.C.T. For theChildren Program.

“A.C.T. is a multi-disciplinary programwhose mission is to provide informationand strategies to parents to help them-selves and, more significantly, their chil-dren through the life-altering changescaused by a divorce or separation,” Jus-tice Evelyn Frazee explained. “From theoutset, Ms. Ashcraft has embraced themission and message of A.C.T., thatbeing the importance of keeping chil-dren out of the middle of their parent’sconflict. … She has volunteered hertime and made valuable suggestions tohelp the program succeed.”

Ashcraft has served pro bono on a

number of Volunteer Legal ServicesProject cases, and has assisted the Na-tional Center for Missing and ExploitedChildren as well as the Bivona Child Ad-vocacy Center.

The Ashcrafts married in 1974. Theirson Franklin (28) was born in Texas andAlexander (26) was born after theirmove to Virginia – both share a birthdayof Oct. 20. Frank is a software engineerand works for Thomson Reuters locally;Alex just finished law school in May.

Just a week or two ago, you mighthave found the Ashcrafts at the GeneseeValley Fox Hunt Races. It is representa-tive of the kind of “unusual festivals”they like to attend, she said.

An avid reader, Ashcraft said shejumps from fiction to biographies to spynovels, and when she finds authors shelikes, she’ll read a lot of their books.Gore Vidal is an example she gave, alongwith Martin Cruz Smith, author of“Gorky Park.”

Ashcraft also does some jewelry-mak-ing and cooking. She grew up ridinghorses and hopes to get back to ridingone day, she said.

The Ashcrafts own property at a skiresort in West Virginia, so they spendsome of their vacation time there. Shesaid they also like Hawaii and theCaribbean for a change of climate.

Her advice to a college student con-sidering becoming a lawyer: “I’d tellthem there are never enough good attor-neys. And, I’d tell them to watch trials.You can always learn new things fromwatching a trial.”


continues to be about people and help-ing them achieve their dreams.

“Number one, you’re helping people.Number two, you’re usually in a nicesituation – it’s all positive energy,”Brovitz said. “I always wanted to helppeople. You’re really helping people ac-complish their goals.”

In many cases, Brovitz is helpingclients dream big. He has guided multi-million-dollar transactions, including arecent $252 million acquisition ofapartment communities across thestate. Some of the transactions involvemany properties in many states.

The challenge comes in making deals– the more challenging the better.

“I pride myself in getting almost anydeal done,” he said. “When you’re doingdeals, the dynamic requires a littlemore negotiation. It’s a lot of fun.”

The payoff sometimes is unex-pected. A large complicated deal in-volving a recreational vehicle portfolioworked out so well for the client,Brovitz was thanked in print with anadvertisement.

“That has never happened to me be-fore,” said Brovitz, who has the publicthank-you hanging on his office wall.

Brovitz also said he enjoys interact-ing with his clients, perhaps most of all.

“I enjoy the counselor aspect of itand giving advice,” Brovitz said. “Theydon’t always follow it, but at least theyacknowledge and appreciate it.”

In his first year of law school, he wasquite disciplined, as evidenced by hisdaily regimen of five hours of study.But then, he closed the books. He’d tellhis friends, “You have to have a life,too.”

And he maintains that philosophyand balance of work and time offtoday.

Brovitz helps the communitythrough his work as a board memberof the Jewish Home and the eating dis-

order program at the Golisano Chil-dren’s Center at Strong Memorial Hos-pital.

Brovitz enjoys golf and tennis, andhe and wife Alyse, who have two chil-dren, love to visit Italy and France. APittsford resident who grew up inBrighton, he also loves the Rochesterarea and lifestyle.

“It’s a very nice place to raise chil-dren,” Brovitz said.

Despite his outside interests, he hasno plans to give up his career. He stillenjoys it.

“I have no plans to slow down orstop,” Brovitz said. “I’m not sure whatwould make me want to do that.”

Ashcraftn from page 13

Brovitzn from page 14

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move to Rochester, where he was hiredby Harris Beach under the tutelage ofLarry Andolina and Bill Dorr.

“They were great mentors, and I hadall kinds of different experiences. I hadlots of great training at Harris Beach,” henoted. “Looking back, it was truly aformative experience; the clients wereterrific, the cases were interesting andchallenging, and Larry and Bill were ex-cellent trial lawyers. They inspired me towant to do the same.”

Making partner in 2000, Hourihancontinued with Harris Beach until 2008,when he and four colleagues took an op-portunity to open a Rochester branch ofBond Schoeneck & King.

Headquartered in Syracuse, BS&K hasoffices in Albany, Buffalo, New YorkCity, Ithaca, Utica and Long Island, aswell as out-of-state offices in OverlandPark, Kan. , and Naples, Fla. TheRochester office has grown from five at-torneys to 25 in the first three-and-a-half years – Hourihan initially serving asdeputy managing partner and advancingto Rochester managing partner in early2011.

From his Harris Beach days, clientEric Wangler praised Hourihan’s profes-sional skills in arranging the defense ofintellectual property lawsuits that pro-vided a foundation for representing hiscompany, Jaccard Corp.

“Ed, however, is far from a one-di-

mensional individual,” Wangler noted.“Ed provides significant support to theHouse of Mercy, [which provides] food,shelter, clothing and advocacy for thepoorest of the poor in Rochester,” Wan-gler added.

Executive director of Literacy Volun-teers of Rochester, Bob Mahar, noted,“After serving for six years as a memberof our board of directors and serving asboth vice-president and president of theorganization, Ed continues to serve onLVR’s Advisory Council. During histenure on the board, Ed increasedawareness in our community about theneeds of adult literacy and advocated lo-cally and in Albany regarding our needfor increased support.”

“Ed’s commitment to community isdistinguishable because it is part of hissoul,” added BS&K partner TimothyFitzgerald. “He does it because he doesit, and it is never motivated by ego or adesire for recognition. [H]e has devotedhis time, treasure and talents to worthycauses since the day I met him almost20 years ago.”

Hourihan credits his family and manycolleagues for steering him in a directionof service to others.

Within the legal community, he is amember of the New York State Bar As-sociation, the New York Academy ofTrial Lawyers, the Monroe County BarAssociation and the Greater Rochester

Association for Women Attorneys. He isalso a trustee of Volunteer Legal ServicesProject. He has presented CLEs on trialskills and practice, construction andother topics.

He serves on the board of directors forthe Community Child Care Center,E2NY and the YMCA of GreaterRochester. He is past president of theboard of directors of Literacy Volunteersof Rochester and the Norman HowardSchool.

He is a trustee on the Farash Founda-tion and on the board of directors ofHouse of Mercy, where he has taken theCYO basketball tournament to new lev-els.

“Through vision and commitment,the Mary Grace Ryan Tournament nowhas 46 boys and girls teams from theRochester area … arguably the finestCYO tournament in New York state,”Wangler said.

Hourihan is also preparing for his fifthtrip to Haiti this December, volunteer-ing for the Haitian Health Foundation,where his father is a board member, andhe has a long-standing connection withdentist Jeremiah Lowney Jr., founderand president of HHF. After the 2010earthquake, Hourihan was invited to gosee what he could do.

“Unlike Port-au-Prince, the town ofJeremie was not as affected directly bythe earthquake,” he noted. “But they hadto absorb tens of thousands of displacedHaitians. Poverty is extreme. Basic food,water and shelter needs are scarcely met.

They certainly don’t need Americanlawyers, but the Haitian Health Founda-tion and Dr. Lowney found ways to uti-lize me and other volunteers. I’veworked in remote rural dental posts,done construction work and helped raiseawareness back in Rochester of theneeds in Haiti.”

Hourihan’s marriage to Bridgetbrought him to Rochester in the early1990s. Their children, Maeve (16),Matthew (14) and William (10) keepthe family active. His wife teaches Eng-lish as a Second Language at MonroeCommunity College. As a father ofthree, he said he recognizes the indelibleimprint parents leave on their children.

The Hourihans love to travel and theyhave taken their children overseas, visit-ing Ireland, Spain, Belgium, Germanyand France.

“We do it on the cheap – hostels,trains and backpacks,” Hourihan said.

In addition to experiencing culturesabroad, the Hourihans have had peoplefrom different countries living in theirhome.

“Pursue whatever your passion is,”Hourihan said. “Don’t worry about hav-ing a history or political science back-ground as a prerequisite to law. Instead,have as many broad experiences as pos-sible. Travel and become familiar withother cultures. Go volunteer and learnabout people and places. You have therest of your life to work. Your resume,and more importantly, your life, will bericher for the varied experiences.”

Hourihann from page 14


Clients of Harold A. Kurland know heis more than capable of handling com-plex litigation.

After all, he has been a litigator formore than 35 years. He still enjoys theexcitement of the courtroom, somethingthat attracted him to his chosen practicefrom the beginning.

“Everything was new,” he said. “Everycase was new. Litigation, for me, hasbeen a very exciting career.”

A partner at Ward Greenberg Heller& Reidy LLP, his practice all relates tocivil litigation, primarily contract andcommercial litigation, construction andprofessional liability defense.

He is most proud of having two suc-cessful careers: first at Nixon PeabodyLLP (formerly Nixon, Hargrave, Devans& Doyle LLP) and then, in 2000, start-ing Ward Norris Heller & Reidy LLP,which merged with another firm in2010 to become Ward Greenberg.

His extensive litigation experience isalso an asset in mediation and arbitra-tion, which Kurland has been activelyinvolved in throughout the last 15 years,enjoying being a neutral party trying tofacilitate a settlement.

Kurland, who has written letters onbehalf of previous Leaders in Law nom-inees, said he was quite surprised andpleased to be included in the 2012 class.

“I was pleased at getting the recogni-tion for making the contributions I have,but I wouldn’t personalize it,” he said.“Being successful in law means workingwith other people. You have to workwith adversaries, develop relationshipswith the courts.”

He would just like people to think ofhim as someone who has lived a lifewhere his integrity and commitmentshow and be recognized among hisclients as being capable and able to han-dle complicated litigation.

Kurland, the son of a college professor,

moved around a fair amount in hisyouth. He was born in New York City,but also lived in North Carolina and theNetherlands, and went to high school inWashington, D.C. He said his father’s

Harold A. KurlandPartner — Ward Greenberg Heller & Reidy LLP


See KURLAND page 21

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The fact that Lucien A. Morin II – apartner at McConville, Considine,Cooman & Morin PC – refers to himselfas “Lou Two” could lead one to the beliefthat you can possess knowledge, author-ity and experience and still avoid beinga stick in the mud.

Originally from Boston, his parentsmoved their young family to Rochesterin the 1950s. After attending grammarschool and then McQuaid Jesuit, Morinreturned to New England.

“I graduated Boston College in ’69[with a political science degree] andstarted law school at Albany Law,” hesaid. “Then I got my draft notice, butthey let me finish my first year. I was in-ducted [into the U.S. Army] in Augustof 1970 and served until ’72.”

His draft lottery number was 58 and histour of duty included time overseas. Afterhis discharge, Morin returned to Rochesterand began clerking at Woods Oviatt whilehe awaited law school re-entry. He clerkedthere two more summers and was offereda job upon graduation.

He remained there until 1982, whenhe was invited to join his current firm.

“The interesting thing about the practiceof law, I find, is that your philosophy of lifecan change,” Morin mused. “Some peoplehave the ‘it’s-a-job-and-I-want-to-just-get-through-the-day’ [feeling]. But, for other

people, it’s a passion and a profession.”The opportunity to face challenges

and help others fuels Morin’s passion forthe profession. He also appreciates theopportunity to extend his experience toother practice areas, utilize his existing

skills and cultivate new ones – some-thing he can do more of as a newly ap-pointed certified federal mediatorserving the U.S. District Court for theWestern District of New York.

“I think it’s important for lawyers to

be part of their community and not justsit behind a desk or argue a case incourt,” Morin said. “I’m active in a num-ber of community organizations [and]


Lucien A. Morin IIPartner — McConville Considine Cooman & Morin PC

See MORIN page 22


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Nominated as a Leader in Law byFounding Partner Angelo G. Faraci,Stephen G. Schwarz has served as man-aging partner at Faraci Lange since 1995.His practice is focused on personal in-jury and business litigation, which hasrewarded him with experience in bothstate and federal court.

“Steve has his hands in everythingfrom marketing and IT to firm budgetsand human resources,” Faraci explained.“[He] handles the demands of running aprominent law firm with ease while si-multaneously juggling a large caseloadand participating in charitable and vari-ous community activities.”

The founding partner also noted thatSchwarz recently took on two of theworld’s largest companies in separate,complex toxic tort litigations.

“I just tried a five-week trial withGeneral Electric for a number of middleclass homeowners whose ground waterand well water was contaminated byGE,” Schwarz explained. “Just the op-portunity to have that trial is somethingthat couldn’t happen in probably 95percent of the world.”

Helping people battle the world’smost powerful entities in the pursuit ofjustice is something Schwarz finds re-markable about our country and ourcourt system. He also finds it satisfying.

“Those are the ones I get the greatestpleasure out of – the David and Goliathfights,” he said.

Schwarz is guided by his conscience.In fact, he believes self awareness is atrait successful attorneys actively culti-vate.

“[Ours] is a humbling business …

there are times that you lose cases youreally should have won and those arevery painful experiences,” Schwarz ad-mitted. “But, by and large, nobody’scome up with any better way and it doespresent the opportunity – at least – toget justice. A chance at justice.”

With that, Schwarz alludes to 1982’s

“The Verdict,” a courtroom drama star-ring Paul Newman, Jack Warden, Char-lotte Rampling and James Mason.

According to Moviefone.com, New-man’s character is a flailing attorneywhose passion for law is reignited after


Stephen G. SchwarzManaging Partner — Faraci Lange LLP

Congratulations to our clients, our alumni, and to all of the LEADERS IN LAW and TOP COUNSEL honorees.

1300 Clinton Square · Rochester, NYwww.nixonpeabody.com

See SCHWARZ page 22


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James A. Vazzana’s partners at Cham-berlain D’Amanda have known abouthis leadership abilities for a long time.

They watched him build the firm’sfamily law practice into one of thelargest in upstate New York. They seehow well he works with his clients andcolleagues and the respect he has in thelegal community which, no surprise tothem, is also taking notice.

Vazzana does not like to toot his ownhorn, but is proud of being named thefirm’s managing partner earlier this year.He is also proud of leading St. Joseph’sVilla and the development of his threechildren, although he credits his wifeDina with most of the latter.

“I was very humbled and honored byreceiving this award,” he said, after hear-ing he had been named one of The DailyRecord’s 2012 Leaders in Law. “I wantto be known as a person who caresabout his clients, is a damn good lawyerand an honest man.”

Vazzana, a family law practitioner,spends a lot of time on the personalservices team, advising clients throughemotionally and financially difficult sit-uations. He values the role of being atrusted advisor.

Vazzana said Chamberlain D’A-manda’s family law practice was alreadyvery good when he joined the firm in

2000. Through his leadership, it hasgrown.

“I’m a big believer in you either growor you die,” said Vazzana, who alsoserves on the firm’s Executive Commit-tee.

Kimberlee Dumitrescu, the firm’smarketing director, said Vazzana just has

“such an amazing way with people,” not-ing most clients are experiencing troublewhen they come to him and Vazzanabuilds successful relationships withthem.

“I like people,” Vazzana said. “I like tobe involved. I’m humbled when theyhire me to help with a problem and I

like helping them.”He said clients are in a state of crisis

when he meets them, whether it’s an issuewith their children, spouse or extendedfamily. He said listening is as important asfinding solutions, something he believes

Richard T. Yarmel, then a recentSUNY Buffalo graduate, was faced withthe question: Pursue a career as a hospi-tal administrator or be a health care at-torney?

The answer came easily. All it tookwere the memories of that one account-ing course he took, and, well, let’s justsay the numbers added up to law school,hands down.

“That sealed my fate,” said Yarmel, 54,who went on to study at DePaul Univer-sity College of Law.

Yarmel recently joined Harter Secrest& Emery LLP as partner. He is a formerpartner and director of the Rochesterand western New York health law prac-tice of Abrams, Fensterman LLP and wasa partner in the health services practiceat Nixon Peabody LLP. He has beenpracticing health care law for more than30 years.

That Yarmel would be doing some-thing in health care was a certainty rightfrom the beginning for the Brooklyn na-tive.

His work with the Hospital Associa-tion of New York State, at a time whenbed capacity and nursing shortages werehot topics, was exciting to him, and hewas able to get into hospitals and studythe issues from the ground up.

“It gave me a great understanding ofhospitals and nursing homes,” he said.

These days, the national health care

debate is at a fever pitch. No matterwhat happens with the Patient Protec-tion and Affordable Care Act, changesin the health-care industry will keepYarmel busy for years.

“Intellectually, it’s been a great area inwhich to work and practice,” Yarmelsaid. “It’s just an area that is constantlydeveloping.”

Yarmel was recognized by SuperLawyers in 2011 and 2012 and was se-lected for inclusion in The Best Lawyersin America 2013. A member of theHealth law Section of the New YorkState Bar Association, Yarmel is the for-mer chair of the Long Term ProvidersCommittee. He is a member of theCommittee on Fraud, Abuse and Com-

pliance and the Committee on EthicalIssues in the Provision of Health Care.

Yarmel, who was born in Brooklynand raised in Queens, moved with hisfamily to the Rochester area 20 yearsago, and the health care system heretoday continues to be a model for other


James A. VazzanaManaging Partner — Chamberlain D’Amanda

Richard T. YarmelPartner — Harter Secrest & Emery LLP

See VAZZANA page 23

See YARMEL page 23



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job provided the family opportunitiesto go places all over the world, whichwas a great experience for all of them.

He also witnessed race turmoil in theSouth and became involved with FirstAmendment rights issues in the earlypost-McCarthy era when his father,who taught Russian history and lan-guage, was barred from bringing inCommunist speakers.

“I think it indirectly gave me the ini-tial interest in becoming a lawyer,” Kur-land said. “How are you going to teachpeople about Russian history withoutbringing in Communists?”

He realized how law was in the mid-dle of so many social and political issuesand how many things in society were

decided by lawyers.“I think it gave me a perspective of

that sort of fairness and how the legalsystem is critical,” Kurland said, notinghe still had not decided on a professionwhen he went to college, but took theLaw School Admission Test after doinga foreign study term in France.

“Lawyers acting for different organi-zations do play a critical role,” he said.“Both of the people running for presi-dent now are lawyers. We’re committedto a fair process to get things decided.That’s a good thing. We don’t alwaysexecute well.”

Kurland graduated cum laude, withhighest distinction in history, in 1973from Dartmouth College; earning his

law degree three years later at CornellLaw School. In between, in 1975, he gotmarried. He and Christine, his wife of37 years, had met at Dartmouth.

They decided to settle in Rochester,which they became familiar with whileshe attended medical school at the Uni-versity of Rochester. Christine Kurlandis a radiologist at Borg & Ide Imaging.

He had worked at Nixon, Hargrave,Devans & Doyle the summer they gotmarried and returned as an associateafter graduating from law school.

“We looked at the possibility of goingelsewhere, but Rochester was very attrac-tive,” Kurland said. “Rochester was a placethat, for us, had a lot advantages. It was avibrant, interesting community and it wasfeasible. It worked out very well for us.”

He is also proud that both of his sonsbecame lawyers: Thomas, a third-year

associate at Patterson Belknap Webb &Tyler LLP in New York City, and An-drew, a fourth-year associate at Ka-sowitz Benson Torres & Friedman LLP.They are also both litigators.

“It’s flattering to see your kids do that[follow in your profession],” Kurlandsaid. “They’re doing very well and we’revery proud of them.”

In their free time, the Kurlands enjoygoing to their cottage on Keuka Lake.They also like to travel.

Kurland, past president of the Mon-roe County Bar Association, is a mem-ber of the board of directors ofVolunteer Legal Services Project Inc.;past president of the Dartmouth Clubof Rochester; and a member of theGovernance Committee and past chair-man of the board of the Rochester Phil-harmonic Orchestra.

Kurlandn from page 17

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THE DAILY RECORD

meeting his client. He turns down a set-tlement and pursues her medical mal-practice case in court. In his argumentbefore the jury, he says courts don’texist to ensure justice.

“You get a chance at justice,” Schwarzparaphrased, “and that chance at justiceis pretty good.”

Originally destined for medicalschool, chance led this Leader in Law tohis current profession.

“I was very science- and math-ori-ented, but about midway through col-lege I decided that [law] would be abetter career for me,” he said.

While engaged in advocacy work,Schwarz found that his reasoning abili-ties were well suited to the legal profes-sion. So, he graduated from SUNYAlbany with a biology degree and wenton to get his juris doctor at Albany LawSchool – where he met one of his mostinfluential mentors.

“I had the good fortune of [workingwith] with David Siegel – who is a wellknown author and professor in law,” hesaid.

Siegel, who joined Albany LawSchool in 1972, retired in 2007.

“[In] my senior year, I volunteered to

be his research assistant and he grantedme that role,” Schwarz said. “He becamea lifelong mentor and friend. From anacademic standpoint, that was a greatexperience.”

After graduation, Schwarz spent ayear and half working at Harris Beach.He then accepted a 1982 appointmentas confidential law clerk to Chief JudgeMichael A. Telesca in the U.S. DistrictCourt for the Western District of NewYork.

“[Judge Telesca is] one of my lifelongmentors and somebody that I’ve stayedin touch with,” Schwarz said. “He hasbeen very influential in my career andin shaping me as a lawyer. That was awonderful experience.”

In 1984, Schwarz joined the prede-cessor firm to Faraci Lange. In 1988, hemade partner.

“Angelo Faraci and Paul Lange havejust been wonderful to me … bringingme along and helping me achieve whatI’ve achieved,” he said.

“I’ve been very, very fortunate to havehad people like that in my life. They’reall, in their own ways, different,”Schwarz noted. “But, there is [a] com-mon theme of excellence and publicservice and helping the little guy –which is something that really appealedto me from day one.

“That always appealed to me – tofight that underdog battle and hope-

fully, occasionally win it,” he said.At Faraci Lange, Schwarz says, he gets

to do just that. Any blood, sweat andtears he invests are worth it, because hebelieves in his clients. And, he givesthem reason to believe in him: Ratherthan employ sales tactics in the court-room, he opts for sincerity.

“Jurors are very perceptive. Whilethey might not understand the scienceof a case or some of the legal technical-ities, they generally understand sincerityand [can] spot insincerity very quickly,”he said.

Being quietly but courageously au-thentic has earned Schwarz a reputationas someone who leads by example. Notunlike those who have mentored himhe demonstrates excellence, is commit-ted to public service and looks out for“the little guy” in every way possible –including serving as president of theBoard of Directors for The AdvocacyCenter.

He has also made a name for himselfas a 2012 Leader in Law by balancinghis professional and personal valueswith help from his family. His wife,Patty, is a preschool teacher at the Win-ton Road Nursery School. The couplehas three children: Tim, 26, Allyson, 24,and Jessica, 15.

Schwarzn from page 19

Congratulations

Sara Stout Ashcraft

Edward P. Hourihan, Jr.

2012 Leaders in Law Award Recipients

and Nathaniel Award Finalists


do a lot of mentoring. I try to also – inthe pro bono area – lead by example.”

Morin was nominated as a Leader inLaw by his colleagues, in part, becauseof his “tremendous pro bono service tothe local community,” for which he re-ceived an NYSBA 2012 President’s ProBono Service Award.

He has been affiliated with the Volun-teer Legal Services Project of MonroeCounty Inc. for more than 20 years –clearing bankruptcy backlogs, providingdebt-related instruction and counsel andserving as a founding member of VLSP’sBankruptcy Advisory Committee.

In late October, during National ProBono Week, Morin participated in re-lated panel discussions. He also took avirtual walk in the shoes of the less for-tunate at PlaySpent.org, participating inan Urban Ministries of Durham (N.C.)online quiz which challenges those withresources to imagine how they wouldreact to having their jobs, homes and sav-

ings stripped away over a 30-day period.Morin took the challenge – twice – in

an attempt to successfully answer the$1,000 question: “Can you make itthrough the month?”

On his first run through, he ended upwith $5 in his pocket. On the downside,he had alienated his children and wasforced to give up the family dog becausehe could not afford his virtual landlord’spet fee. The second time he posed as a nar-cissist who pursued a luxury apartment,ate steaks for dinner and indulged his chil-dren. He was broke in less than 14 days.

“[It] allows you to sit down and say,‘Here are the choices some people have[to make]’. All of us face economic andfinancial choices. But, some of us havefamily resources or other help to get usthrough it. Just think if you didn’t havethose,” Morin said.

“Lawyers … need to keep abreast ofthe law [to help] their clients and to un-derstand how to provide service,” he

said. “If you don’t know something, turnto someone who does.

“Be a participant in the process,”Morin added. “People need to not be shyabout interacting with other lawyers. Ifthey have a question, [most] otherlawyers are not such sticks in the mudthat they won’t entertain them.”

Other resources up-and-coming attor-neys can turn to include self-education, barassociation programs and pro bono workthat rewards them with real-life experi-ence and continuing education credits.

“Give up your time and help someonein need to get what you need to keepyour license,” he suggested.

In his spare time, Morin and his wife,Terri, enjoy raising Old English sheep-dogs. Terri – now retired – served as sec-retary to Justice Raymond E. Cornelius.

“This is our fourth dog, [Gracie],”Morin explained.

He beamed like a proud papa as hescrolled through his iPhone for addi-tional photos.

“I also serve as parliamentarian for theOld English Sheepdog Club of America.”

Other hobbies Morin pursues includegardening and photography, though notas frequently as he once did. But one fas-

cination he has never outgrown is a loveof automobiles.

A few cars he owned include a Britishracing green ‘78 Triumph Spitfire (“it’s thelast car I could probably work on”), a ‘65Pontiac 386-hp, 2-door Lemans Tempest(“a detuned version of the GTO – I could-n’t afford the GTO”) and a ‘99 manual-transmission Mustang convertible.

These days, he drives a 45th anniver-sary special edition black 2012 ChevyCamaro convertible.

“I convinced Terri, since I turned 65,that it was time for another convertible… except we talked about it and I think323 horsepower is enough [at] my age.So, I only got the 6-cylinder instead ofan 8-cylinder at 554-hp.”

Does Morin have a picture of it in hisiPhone?

“Of course I have a picture – c’mon!”he exclaimed, throwing his hands up inmock disgust.

Morin’s ease with the iPhone showshim to be pretty tech savvy.

“I’m the firm’s beta tester, believe me,”he said.

“If I can work it and it doesn’t break,it’ll work for everybody.”

Morinn from page 18

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can be applied to any life situation.“You have to be smart,” Vazzana said.

“You have to know what the law is andhave to apply the facts.”

Vazzana also likes listening to the chil-dren in crisis at St. Joseph’s Villa wherehe has served on the board of directorsfor nine years, two as its chair, and nowserves its foundation.

He remembers sitting at a table withthe kids, instead of with other digni-taries, at a special recognition dinner. Hetalked to them about working hard andtold them what it is like to be a lawyer.He got a lesson in return.

“I learned that it’s OK to make mis-takes, so long as you learn from them,”Vazzana said.

He likes a quote by the late VinceLombardi, the famous National FootballLeague coach, who said, “Perfection isnot attainable, but if we chase perfec-tion, we can catch excellence.”

Vazzana’s excellence has also beenrecognized a number of times previ-ously, including being named Rochester,NY Best Lawyers Family Law Lawyer ofthe Year for 2012 by Best Lawyers andreceiving the Volunteer Legal ServicesProject of Monroe County’s William

McKnight Award in 2004. He is alsoproud of the recognition the firm re-ceived last year when it was selected byFortune Magazine as one of the TopRanked Law Firms in the United States.

Vazzana, a Rochester native and a 1990graduate of the University of DaytonSchool of Law, is also a member of theMonroe County Bar Association, servingon its Family Law Section ExecutiveCommittee and the Ethics and Fee Arbi-tration committees. He is a member of theNew York State Bar Association, servingon its Family Law Section ExecutiveCommittee and Legislation Committee, aswell as its Special Committee to EnsureQuality of Mandated Representation.

Vazzana’s work with children has also

been recognized; he was appointed chairof the Citizen’s Review Panel for ChildProtective Services of Western NewYork by then-Gov. George Pataki. Vaz-zana also enjoys working with theBrighton Youth Soccer League andcoaching CYO basketball.

He credits his parents, Joseph and thelate Joan Vazzana, will instilling in himthe importance of giving back to hiscommunity as much as he has received.

He said the Leaders in Law Award isrecognition that maybe he is on the rightpath to accomplishing that.

“Maybe I’m making her proud,” hesaid of his mother, who died in 1995. “Itreally is an honor. This recognitionmakes me very proud.”

Vazzanan from page 20

parts of the country as it was then, hesaid.

In particular, the collaborationamong health-care providers, particu-larly when it came to downsizingGenesee and St. Mary’s hospitals, wasnoteworthy, he said.

“That was an example of coopera-tion and planning among the health-care systems in town,” Yarmel said. “I

always have liked the clients I have,personally, as well as their missions,professionally. They provide a vitalpublic service.”

That same kind of collaboration isevident in the law community, asYarmel finds that members of theMonroe County Bar Association, aswell as a small group of local health-care attorneys, are collegial and coop-

erative.“It’s a wonderful place to practice

law,” Yarmel said. “You really do get toknow the members of the bar and de-velop relationships with them.”

Outside the office, Yarmel serves onthe boards of Continuing Develop-ment Services executive committeeand the Rochester chapter of theHealthcare Financial Management As-sociation. He is a member of the LegalServices Committee of LeadingAgeNY.

Yarmel enjoys hiking, bicycling,cross-country skiing and playing tennisas well as spending time with familyand friends His wife, Patty, and both oftheir sons are musicians, although he isnot. He makes up for it as the familyin-house roadie – “I know how to acarry a bass really well,” he said – andis a fan of the Penfield Symphony Or-chestra in which his wife performs.

“We have a lot of music in thehouse,” Yarmel said. “Music is definitelya big part of my life.”

Yarmeln from page 20

Congratulations and Welcome to our Partner, Richard T. Yarmel

As an accomplished and highly-regarded lawyer with more than

30 years of health care industry experience, Rich is a strong addition

to Harter Secrest & Emery and an important resource for our

health care clients. His operations, regulatory, and compliance

experience reinforces our established and respected health care

practice, enabling us to even better serve our clients.

A graduate of DePaul University College of Law, Rich received

his bachelor’s degree from the State University of New York at

Buffalo. He was recognized by Super Lawyers in 2011 and 2012,

and was selected by his peers for inclusion in The Best Lawyers

in America® in 2013, both in the field of health care law. He is

1600 Bausch & Lomb Place, Rochester, NY 14604-2711www.hselaw.com

To learn more about the attorneys in HSE’s dynamic

Health Care practice, visit: www.hselaw.com

currently a member of the New York State Bar Association, Health

Law Section, Committee on Fraud, Abuse and Compliance and the

Committee on Ethical Issues in the Provision of Health Care. He

serves on the boards of CDS Monarch, and the Healthcare Financial

Management Association, Rochester Regional Chapter, as well as

the Legal Services Committee of LeadingAge New York.

We’re pleased to congratulate Richard T. Yarmel, Esq. on his recognition as one of Rochester’s Leaders in Law,

and welcome him as a partner in our Health Care practice.

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