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Contents

1 Report From the Chair

By Walt Lockhart 3 Fogettaboutit! By Gary Tier 5 Tales From the

Front: “I Want My Two Thousand Dollars”

By Timothy Wan 7 YMS Candidates 10 YMS Officers

Commercial Law League of America

205 N. Michigan, Ste 2212 Chicago, IL 60601 Phone: 312/240-1400 Fax: 312/240-1408 General Email: info@clla.org Editor: Dan Kerrick, Esq.

Report From the Chair By Walt Lockhart

Greetings from tropical and sunny

Long Island! (…If I say it often enough, it will come true one day.)

In roughly one week, we’ll all get together for the

2013 Chicago Conference: The Road To

Reinvention.

It will be a prime opportunity to network with

colleagues from around the country, bolster

existing business relationships, and hopefully foster new ones. Sure,

there are a lot of other benefits to the Chicago conference (CLE’s,

hearing Richard Daley speak, Goose Island beer, and that doughy

monstrosity that they pretend is pizza (it’s not)…whatever), but the

heart of these meetings has always been networking. No section in

this league works harder to promote that than the Young Members’

Section.

We’ve long been tasked with ensuring that new members see value

in their association with the league, and there’s no better way to do

that than to provide as many networking opportunities as we can.

From the VIP Cocktail Party to the Friday Night Event, we’ve got you

covered.

Hopefully, you’ve all signed up for our Chicago Trolley Pub Crawl on

Friday night. If you haven’t reserved your space on the trolley yet,

have no fear as a second trolley may be available with enough

interest. Reach out to Josh Hayes at 312-240-1400 to secure your

spot. We’re going to have a great time, and I hope to see everyone

there. Thanks to Shawn McClure, Christopher Young, Jennifer

Dlugolecki, and Josh Hayes for their help in putting it all together.

Honestly, I don’t know how I pulled off passing as a young member

for as long as I have, but this conference means I will be stepping

THE YMS TIMES

SPRING 2013

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down as Chair and moving on as your Representative to the Board of Governors. I’m going to

miss the camaraderie of the section, but you’ll never have a stronger supporter than you will in

me. When I was a wee pup in the league, I heard all of the same things that you’ve no doubt

heard: “the YMS is the gateway to leadership in the CLLA,” “you get back immeasurably more

from the YMS than you put in,” and “you really don’t need to do that shot.” I didn’t believe any

of it either, but they’re all true…every last one of ‘em.

I have all the confidence in the world in our Chair-Elect, Tim Wan and I can’t wait to see what

he has in store for the section! He’s lucky to have the support (as I did) of a strong Executive

Council; as the returning members are stellar, and there isn’t a bad candidate in the bunch for

the upcoming elections (check out their bios later in this newsletter).

In closing, I need to express my gratitude to the entire YMS Executive Council for doing the

heavy lifting: Tim Wan (Chair-Elect), Jon Allen (Treasurer), Ken Rozich (Secretary), Shawn

McClure, Christopher Young, Dan Kerrick, Alison Weinroth-Shaw, Neil Sarker, Derek Blasker,

Gary Tier, and Victor Garcia. It’s been a pleasure serving as your Chair.

______________________________________________________________________________

CHICAGO 2013 YMS SOCIAL EVENT SCHEDULE

Trolley Tour: Friday, April 12th

, 9p.m. to 11 p.m.

Please note: The YMS Fri. night trolley tour event is now sold out! If you'd like to be added to the waiting list, contact jhayes@clla.org.

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Fogettaboutit!

By: Gary Tier

In recent years New Jersey has become a

hotbed of television with programs such as Boardwalk Empire, Cake Boss, Jerseylicious, Jersey Shore, and The Real Housewives of New Jersey dominating cable television. Years ago, it was only The Sopranos that kept people interested in New Jersey on Sunday nights. The show is now in syndication, but its popularity can be attributed to the fact that it fed into the New Jersey stereotype of the modern day Italian mafia. The show probably reflected how most people outside of New Jersey viewed New Jersey and its’ residents. As someone who was born and raised in the Garden State, I can attest to the fact that there are few similarities to television’s version of life in New Jersey and the reality of most New Jersey residents. Despite this frequent misrepresentation of my great state, I do recognize the many business lessons that can be learned from some of these successful television programs. For example, Cake Boss shows us the value in being an expert. It is a reality show about a pastry chef and his bakery located in Hoboken, NJ, which incidentally, is the birthplace of Frank Sinatra. Hoboken is located just across the Hudson River from Manhattan. The proximity to New York City is worth mentioning because despite being so close to one of the food capitals of the world, the line to get into the Cake Boss shop literally goes around the corner. People wait for hours. They wait because they want to taste cake from the expert. By being on the

show and allowing access to how they do things, the bakery has positioned itself as the expert and they are making a fortune as a result. We’ve heard this mantra many times before at CLLA events: Be the expert. Clearly, it works. The Real Housewives of New Jersey is also a good example of capitalizing on opportunity. It is a reality show about wealthy women in New Jersey. It’s debatable whether these women are “real” or are “housewives”, but nonetheless, these women have to be given credit for their business sense. They’ve used the show as a platform to do other things besides showcasing their daily lives. Some of the women have used the exposure of being on TV to diversify their income by starting lucrative businesses. By taking the risk of exposing themselves to ridicule and judgment, they’ve made millions of dollars in book deals, food & beverage products, and clothing lines and stores. None of this would be possible without the fame that the program provided.

In my opinion, though, The Sopranos

drama series teaches us the most. By watching this mafia family we learn that respect, determination and information are powerful. We also see the value of being well connected and learning to manage expectations. Respect is paramount in the mafia business. Everyone in “the family” knows who’s who. They know who has power and commands respect. Anyone associated

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with the business knows that they must always “kiss the ring” and show respect in every possible way at all venues. When entering a room they make sure to show respect by saying hello to everyone that matters. Likewise, in every business it’s important to know who matters most and why. Even if no current business relationship exists, it’s key that we show respect and acknowledge the right people in the room. Powerful people have influence. By showing those people respect through acknowledgement, we are laying the foundation for possibilities in the future.

The Sopranos family also employs a ruthless determination in carrying out their mission. They simply do not stop until they get what they want. Because it is television, the characters often times go too far and laws are broken in achieving their plan. In real life, we have to know the boundaries and play within them, but the message is the same. Determine what needs to be done and find a way to get it done. Don’t come back to the boss with excuses. On the show, Tony Soprano (Boss of the family) has police officers, FBI Agents and even a psychiatrist on the payroll. Tony’s mob family recognizes that information and knowledge is power and they have no problem paying for it. The manner in which we get information and who we get it from is very different from a mob family, but the lesson is still important. The more we know, the more successful our business will be. Getting our hands on inside information and

staying informed through technological resources such as Google Alerts or relationship resources like The Forwarders List will provide us with the knowledge we need to stay ahead of the game. On the show, The Sopranos have a legitimate business in waste management through a government contract. The juxtaposition of their illegal business dealings and their legal business with the government allows the viewer to see Tony Sopranos as a great leader. Viewers see how he must constantly manage not only his team in his illegal dealings but also maintain positive relationships with political leaders to ensure his legitimate businesses thrive, all the while keeping them separate. He makes connections with important people in his industry which serves him well throughout the show. In business, we don’t love what we do all the time and we don’t always love the people whom we have to deal with, but being a good leader requires that we do what we must. We must be able to separate what gives us joy and what makes us the most money. Sometimes those two things can align, but rarely are the lucrative agreements the most enjoyable. Managing not only our client’s expectations but our own is critical for longevity. Who knew that television based in and about New Jersey could teach us so much? By watching just a few of the programs out of the dozens currently and recently televised, we have learned the power of being an expert and the potentials that lie in diversification. We also learned that respect, determination and information go a long way in business. As we like to say in New Jersey when something is really good: fogettaboutit!

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Tales from the Front

“I Want My Two Thousand Dollars”

By Timothy Wan, Esq.

______________________________________________

I was a double major in Political Science and

Theatre in college. (Yes, that explains the pop

culture references in my columns). While as a

Political Science major, writing the thesis, and

associated studies armed me for law school, and

set the seeds for the practice of law and

litigation, the Theatre major has proved

invaluable, as I’ve been able to demonstrate

theatricality, to my joy, and to the dismay of a

certain adversary on case, whom we shall call

Johnny Gasparini, the paperboy from the 80's

film, “Better Off Dead”, famous only for coining

the phrase, “I Want My Two Dollars”.

Johnny was admitted to the hospital after a slip

and fall accident in his own home, requiring

some surgical procedure. Johnny had no

insurance, and racked up $2,000 bill. The

hospital retained a law firm, whom I shall call,

“Krapp, Onna, & Styk”. The Krapp law firm

sued Johnny and served process upon him, using

a process serving company, which was not

owned by any of the partners of Krapp, not

operating from the same address, and not related

in any way. And by “not owned by the partners

of Krapp”, I mean “owned by the spouses of the

partners of Krapp”. And by “not operating from

the same address,” I mean, “operating at the

office suite next door.”. And by “not related in

any way”, I mean, “poorly veiled attempt to

seem like they were not related in anyway.”

Anyway, Krapp sued Johnny, and Johnny never

responded, so they enter a default judgment

against Johnny. But they never do anything to

enforce the judgment.

Several years later, at the surprise, shock, and

horror of only those who had never head of

Krapp, Krapp went out of business.

The Hospital then retained our office to execute

on the properly entered default judgment. We

executed on the judgment, located a place of

employment, and commenced a wage

garnishment.

Immediately thereafter, Johnny brings a motion

to the court to say he never lived at the address

that the prior firm served. So, we consent, on the

condition that he file an answer, and we go

forward with trial. The Court agreed.

Johnny then interposes a Counterclaim,

demanding two thousand dollars, for the damage

to his credit, from the “fraudulent judgment.”

After it was quickly apparent that there would be

no settlement, on the eve of trial, the hospital

agreed to walk away, and close the file, deeming

it a relative wash, and realizing that the trouble

in pursuing this particular Defendant would be

most costly and time-consuming than the debt

itself.

In Court, we made that offer to Johnny. But he

refused. But he refused to such extent that he

started screaming in the courthouse. The Judge

was forced to have the court officer remove him,

and sets the case down for a conference at

second call.At second call, Johnny is no where

to be found. We wait for three hours. He never

shows up. So, the Court does what we wanted,

and dismisses our case AND the counterclaims,

all without prejudice, meaning anyone can

choose to re-file the action, or bring a motion to

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restore within 1 year. but for the time being, the

case is over.

A week later, we get a courtesy copy of a letter

from the Judge along with a copy of a letter that

Johnny sent to the Judge. Apparently, Johnny

accused the Judge of conspiring with our law

firm to deprive him of his rights. And that he

wanted his two thousand dollars. The Judge’s

letter essentially informed him that he was

incorrect on the law, was culpable since he is the

one who disappeared after second call, was

lucky that he was not held in contempt for his

outburst on the first call, and was bat-poop

crazy. (Ok, so the Judge didn’t really say that.

He “essentially” said it.)

Over a year goes by, and the time to restore the

action expires. By this time, the hospital has

been closed, and the assets purchased by another

not-for-profit hospital. And for the first time, we

receive correspondence from an attorney. The

attorney commenced an action against the

hospital, Krapp, the process server, and my firm.

However, in this instance, the new attorney sues

for one hundred million. Dollars. American.

We move for dismissal, as the 70 page

complaint lacks any allegations that our firm did

anything wrong, and goes on in painstaking

detail, about how awful the hospital, Krapp, and

the process server all behaved.

Lickety split, the Court grants our motion to

dismiss, without costs. The Court clearly finds

that our firm had nothing to do with damaging

any credit. The Court finds that we did not

commence the suit, nor did we enter the

judgment. “There is no cause of action nor color

of a claim within the four corners of the

complaint, against Smith Carroad.”

What happens next? Well, the hospital, Krapp,

and the process server are all out of business. So

Johnny’s lawyer does the only thing he can do.

He appeals the dismissal, since my firm is the

only viable entity for him to pursue.

At the Appellate argument, I appeared in Court,

and as the Appellant, Johnny’s lawyer went first.

He went on and on about “justice” and

“consumer protection” and other buzzwords that

are likely to gain a rise from a consumer

advocate.

So when he was done, I stepped up. I held aloft

in my hand, the complaint filed by Johnny.

"Your honors, this lengthy, 71 page document is

the complaint in this action, which is packed

with hundreds of allegations, and thousands of

words. Yet, in the entire document, my firm

name appears only three times. THREE. First,

in the caption of the action. Second, in the

identifying paragraph, indicating that we are a

law firm in the State of New York, and third, in

one paragraph stating that we substituted in as

new counsel when the prior firm went under.”

Then, I dropped the complaint back onto the

table, with a giant “THWAM.”

“There are no other allegations in the entire

complaint that even mentions my firm's name,

much less sets forth a cause of action against my

firm.

Suffice to say, the court dismissed the case

completely.

Timothy Wan is a partner in the firm Smith

Carroad Levy & Wan, in Commack, New

York, and can be reached at

twan@smithcarroad.com. Tim loves

onomatopoeia. Or are they ideophones?

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YMS 2013 Elections

The individuals identified below are seeking

election for YMS Secretary and 4 open Executive

Council positions. Votes may be cast at the

Conference Registration Area on Saturday,

April 13th

, from 9 a.m. to 12 p.m.

Secretary

Gary Tier

Gary D. Tier is the president and publisher of The Forwarders List of Attorneys (FLA), a leading

directory of attorneys who specialize in collection and bankruptcy law. FLA was founded in

1922, and under Gary’s leadership, is regarded as a premier resource for collection professionals

because of its outstanding customer service and technological initiatives in the industry.

Gary is an active member of the Commercial Law League of America. He is currently the Law

List Publishers Representative on the Commercial Collection Agency Association’s Executive

Council and the Co-Chair of the CLLA’s National Membership Committee. Gary also serves on

the Executive Council of both the Eastern Region and the Young Members Section. He has

contributed to a number of CLLA initiatives and programs, all focused on increasing

participation and sustaining membership within the League. Previously, Gary Chaired the

National Marketing Committee, served on the National Education Committee and was the

President of the Association of Law List Publishers. Gary stays current on issues that affect his

clients by participating in other collection related organizations such as The American Collectors

Association, DBA International, The International Association of Commercial Collectors, The

National Association of Retail Collection Attorneys, and The National Association of

Subrogation Professionals. He has been a speaker at many collection industry conferences and

has served on a number of panels for these organizations.

Gary earned his undergraduate degree from Wesleyan University in Middletown, CT and is

active with the Alumni Association. He is also a participating member of the Princeton Chamber

of Commerce. Gary is an avid sports fan and enjoys running, cooking, and traveling. In his spare

time, when he isn’t attending local charity events or spending time with his family, he can be

found playing golf at TPC Jasna Polana, where he is a member.

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Executive Council

Alison Weinroth-Shaw

Alison B. Weinroth-Shaw concentrates her practice in creditors’ rights litigation and collections.

Her clients include individuals, general businesses, medical facilities and commercial businesses.

Ms. Weinroth-Shaw works with creditors and lenders to protect their rights and to resolve

disputes in an expeditious manner through litigation and negotiation in both NJ and PA while

also assisting the firm's DE creditor rights practice. Ms. Weinroth-Shaw was named a

partner/shareholder at Mattleman, Weinroth & Miller in January 2010. Ms. Weinroth-Shaw is on

the Cooper Hospital University Medical Center Foundation Board of Trustees, a Level One

Trauma Center facility in New Jersey. She also prosecutors in two local townships and handles

representation for the Camden County Board of Social Services. Ms. Weinroght-Shaw has been

a CLLA Member since 2009/2010, and held a YMS Executive Council seat since 2011.

Shawn McClure

Shawn is an associate who oversees the commercial collection practice at Bernstein-Burkley,

P.C. in Pittsburgh, PA. Shawn also handles other types of creditors rights litigation including the

filing and defense of mechanics’ liens, foreclosure actions, tax sale issues; in addition to general

commercial litigation. Shawn has been with the firm since graduating from the law school at

Duquesne University. While earning his Juris Doctorate, he clerked for the Office of the Chapter

13 Bankruptcy Trustee for the Western District of Pennsylvania, and completed an externship for

the Honorable Thomas M. Hardiman of the United States District Court for the Western District

of Pennsylvania.

Background: Admitted to the bar of Pennsylvania 2007; Admitted to practice before the United

States District Courts for the Western District of Pennsylvania (2007) and the Middle District of

Pennsylvania (2008); Saint Francis University (B.S. Accounting, 2003); Duquesne University

School of Law (J.D., 2007); Commercial Law League of America, Member since 2008;

International Association of Commercial Collectors (IACC) – SCOPE Magazine Committee;

Allegheny County Bar Association, Member; Three Rivers Center for Independent

Living, Member of the Development Advisory Committee to the Board

Lisa Goldblatt

Lisa M. Goldblatt is a senior associate with the Baltimore law firm of Adelberg, Rudow, Dorf &

Hendler, LLC. Prior to joining Adelberg In March 2013, Ms. Goldblatt was in private practice

with her own firm between 2009 and March 2013. Ms. Goldblatt’s practice is varied as she

participates mostly in complex civil litigation, debtor’s bankruptcy work, commercial collection

and family law/domestic cases. Ms. Goldblatt is a member of the Maryland, District of

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Columbia and New York bars and is also admitted to practice in the United States District and

Bankruptcy courts for Maryland and the District of Columbia.

Ms. Goldblatt joined the commercial law league to network with other members of the bar,

nationwide, with extensive experience in commercial business and litigation. Ms. Goldblatt was

hired by Adelberg to shift her focus on commercial and corporate litigation and hopes to gain

valuable insight from other attorneys to help sharpen her practice in these fields while also

providing her own knowledge to those in similar fields. At the Spring Conference next week

Ms. Goldblatt will be giving a presentation on the possible effects of DOMA, Civil Unions and

Same-Sex marriage on the collection and bankruptcy practice.

Benjamin Mann

Mr. Mann is a fourth generation attorney with the Firm, Halliday, Watkins & Mann, P.C.

(“HWM”). Benjamin joined the Firm in 2009 and became a partner on July 1, 2012. Benjamin

specializes in creditor’s rights and debt collections and manages HWM’s litigation and debt

collection department. Benjamin understands the importance of staying current in the constantly

evolving legal landscape relating to debt collections. To that end, Benjamin conducts training

with corporate clients and attorneys relating to the Fair Debt Collection Practices Act and debt

collection strategies and would bring his experiences and skills to the YMS Executive Council.

Benjamin graduated from the University of Utah, S.J. Quinney College of Law with honors and

was twice a William H. Leary Scholar. Benjamin graduated from the University of Utah with

his Bachelor degree in Management. Benjamin is married and has three boys.

Andrew Westle

Andrew is an Senior Associate Attorney in the commercial litigation department of Gurstel

Chargo, in Scottsdale, Arizona. He handles matters for large and small businesses and focuses on

achieving efficient and beneficial resolutions for his clients, whether through litigation or

settlement. Andrew earned a Bachelor’s degree in political science from the University of

Arizona in 2002 and a Juris Doctorate from Hamline University School of Law in 2006. Prior to

joining Gurstel Chargo, Andrew worked for a small regional law firm in Phoenix and also spent

time in the legal department of a Fortune 500 company. When Andrew is not in the office, he is

either spending time with his wife, Jamie, and his daughter, Ella, playing golf, or pretending that

he is a standup comedian.

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CLLA Young Members Section

OFFICERS: EXECUTIVE COUNCIL:

Chair: Walt Lockhart Derek Blasker Neil Sarker

Chair-Elect: Tim Wan Gary Tier Dan Kerrick

Treasurer: Jonathan Allen Shawn McClure Victor Garcia

Secretary: Ken Rozich Alison Weinroth-Shaw Christopher Young

Immediate Past Chair: Jeff Lippman