ParadigmApril 2022 - A new look Fragile state A safe haven for refugees Growth industry for cannabis lawyers - Primerus
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Paradigm
April 2022
President’s Podium:
A new look
Fragile state
A safe haven
for refugees
Growth industry
for cannabis lawyers
The World’s Finest Law Firms
APRIL 2022 | 1
The Primerus Paradigm
April 2022
President’s Podium:
A new look reinforces
Paradigm
April 2022
the mission of Primerus
page 4
President’s Podium:
A new look
Fragile state
A safe haven
for refugees
Growth industry
for cannabis lawyers Fragile state
The World’s Finest Law Firms Democracy, a cornerstone
of the free world, now under
APRIL 2022 | 1
About Our Cover siege from combination
The world, in a symbolic sense, has
of forces
taken on a different glow in 2022, due
in large part to raging fires on the page 6
military and political fronts that are
testing the resolve of free societies
around the globe.
Every lawyer in Primerus
shares a commitment to a set
of common values known as
the Six Pillars:
• Integrity
• Excellent Work Product
Articles in this publication are intended for • Reasonable Fees
informational purposes only and do not convey
• Continuing Legal Education
or constitute legal advice.
• Civility
Publisher & Editor in Chief: John C. Buchanan
• Community Service
Managing Editor: Chris Dawe For a full description of these values,
© 2022 International Society of Primerus Law Firms please visit primerus.com.
2 | THE PRIMERUS PARADIGM
IN THIS ISSUE
The Constitution serves as Anti-bribery COMMUNITY SERVICE
his guide to ‘our way of life’ Countries, cultures deal with ADLA President spearheads
page 9 corruption in differing ways giving project across state
page 24
page 34
Death knell of democracy?
What lawyers can do to meet A ‘Pillar’ of hope Looted art remains another
challenges facing free societies Plans for the Primerus unfortunate byproduct of Nazi
page 10 Foundation take shape tyranny during WWII
at global ‘tipping point’
By Paul W.L. Russell,
page 26
Chapter and verse Russell Advocaten B.V.
page 36
Bankruptcy lawyer helps clients
chart new business beginnings COMMUNITY SERVICE
page 12
Safe haven Can an e-mail be a contract?
It’s a question of fact and law
Noted German attorney and his
Coral Gables, Florida wife extend helping hands to By J. Chase Bryan,
Young Wells Williams P.A.
page 15 war refugees
page 40
page 28
Matter of faith
COMMUNITY SERVICE Booze-to-Go
Attorney pinned his legal hopes
The changing landscape of
on art of relationship building Give back takeaway alcoholic beverages
page 16
Law firm helps kids in need in the United States
succeed, while also aiding
By Paige Hall,
Haddonfield, New Jersey Mother’s Day cause Engles Ketcham Olson Keith, P.C.
page 30
page 19 page 42
Growth industry COMMUNITY SERVICE Primerus Member Law Firms
Attorneys help cannabis clients A special moment page 45
steer way through legal maze Alabama law firm makes
page 20 some ‘Magic’ for local boy
page 32
APRIL 2022 | 3
President’s Podium
John C. Buchanan
A new look
reinforces the
mission of
Primerus
As you undoubtedly noticed, there is a different Of course, one such threat came And survive – for the most part – we have,
kind of cover framing this issue of the Paradigm unexpectedly in the form of a fast-spreading thanks principally to our overall resilience
magazine. virus called “COVID-19,” which in the span of the and innermost ingenuity as we unleashed the
It is a break from the past and serves as past 28 months has cast a deadly cloud around twin forces of modern medical science and the
the launch pad for a revamped magazine that the globe, claiming the lives of approximately 6 marvels of advanced technology to return to a
is designed to inform, educate, and inspire at million people, including nearly a million in the sense of normalcy.
every turn. United States alone. Yet, other threats remain, endangering
The change in look and tone comes The ongoing pandemic, aside from the the very existence of the freedoms, rights, and
at a time when the world – and its most tragic loss of life, also has shaken our political, liberties that we enjoy.
fundamental and enduring institutions – are in economic, and health care systems to the core, Most alarmingly, the Russian invasion of
the crosshairs of uncertainty, threatening our prompting unforeseen changes for the mere neighboring Ukraine in late February should be
way of life and the values we hold dear. sake of survival.
4 | THE PRIMERUS PARADIGM
viewed in the historical context of yet another
authoritarian power grab designed to test
the resolve of pro-democracy leaders around
the world. Time will tell, of course, whether
an array of stiff economic sanctions will curb
Russia’s long-term appetite for the cost of war
or instead will require a measured military
response to stem the tide of tyranny.
History has not been kind when judging
the actions of dictators bent on imposing
their will on other nations, particularly those
countries that cherish freedom and the rule of
law. The list of authoritarian leaders who have
lived and died by the sword is as long as their
The ongoing pandemic, aside
from the tragic loss of life,
follies and failures, giving further credence to
the time-honored saying that “no matter how
also has shaken our political,
high the throne, there sits but an ass.”
While external forces – whether in the
form of an invading army, a cyber-attack, or
a terrorist action – would seemingly pose the
most alarming threats to the free world, the
economic, and health care
events of January 6, 2021 at the U.S. Capitol
offer compelling evidence that democracies are
systems to the core, prompting
unforeseen changes for the
now fighting a two-front war.
And that internal battle is being waged
mere sake of survival.
with bullying and truth-bending as weapons,
further dampening the prospects of uniting a
country that for years has been fractured by
partisan politics.
sense of responsibility to answer” a nation’s It’s also clear now – in light of recent
But despite that gloomy backdrop, there
challenges at home and abroad. events – that our work to preserve and protect
are more than a few rays of hope that we
It also underscored the importance of is in reality just beginning, offering us a grand
can still witness a “New Birth of Freedom,”
the rule of law, looking to those in the legal opportunity to be an important source of
which served as an inaugural theme in 2009
profession to take the lead in ensuring its strength in shaping the world’s political future.
to commemorate the 200th anniversary of the
future in a free and civilized society.
birth of Abraham Lincoln.
Since the founding of Primerus in 1992,
The theme, of course, was built around
we have promised to do just that, working
a phrase from Lincoln’s Gettysburg Address
tirelessly to promote the most important
in 1863, and expressed ideals about renewal,
ideals of the profession while building an
continuity, and national unity. It stressed
alliance that is international in scope – and
the need for “shared sacrifice” and a “new
understanding.
APRIL 2022 | 5
Fragile state Democracy, a cornerstone of the free world, now under siege from combination of forces By Tom Kirvan 6 | THE PRIMERUS PARADIGM
S
heard, and our ability to achieve change on leaders fall short of the Founders in several
virtually every other issue we care about,” ways. They lack civility, one of the Six Pillars
said Collins, one of the co-founders of the of Primerus,” he noted. “Understanding
Collins & Lacy law firm in South Carolina. they were risking everything, including
“As we approach the year ahead, we must their lives, the Founding Fathers voted
outh Carolina do so clear-eyed about the challenges we for and later signed the Declaration of
attorney Joel Collins face. Quite succinctly, in 2022, democracy – Independence. It ended with the signers
is worried. not just candidates – will be on the ballot.” pledging to each other ‘our lives, our
In fact, he’s Collins, a longtime member of Primerus, fortunes and our sacred honor.’
deeply troubled by the razor-sharp edge to said a look back in history can help put the “I dare say no current political leader
today’s body politic. current problem in the proper perspective. refers to his honor as being sacred. This
As is another southern gentleman of Way back. To the time of the Magna further demonstrates their relative lack of
note – Jimmy Carter. Carta, more than eight centuries ago in June virtue. And it was virtue that the Founders
The 39th president of the United States of 1215. agreed was vital.”
is among those who fear that the future of Labeled by former British Prime Minister Political rancor, of course, is part of the
democracy is engulfed in a raging five- David Cameron as “Britain’s greatest fabric of any society, but the combustible
alarm fire, threatening the very foundation export,” the Magna Carta is the “bedrock nature of social media platforms combined
of who we are as a civilized society. of the concepts of freedom, justice, due with the incessant drumbeat of right-wing
The former Commander in Chief, who process of law, the rule of law, and trial by and left-leaning media outlets are stoking
defied pollsters by winning the presidency jury,” according to Collins. the flames of conflict, analysts believe.
in the 1976 election, sounded his own alarm “It is the cornerstone of the unwritten Frank Wu, a noted author and political
bells in a recent op-ed piece in The New York British Constitution,” Collins wrote in a class commentator who now serves as president
Times, proclaiming, “I now fear that what we supplement for a course he teaches at the of Queens College in New York, frames the
have fought so hard to achieve globally — University of South Carolina Honors College. underlying
the right to free, fair elections, unhindered “Magna Carta became the foundation of issue in
by strongman politicians who seek nothing constitutions of various countries around the most
more than to grow their own power — has the world, especially the first written fundamental
become dangerously fragile at home.” national constitution in the world, the of terms.
Those sentiments come from a man not Constitution of the United States of America “Democracy
known for hyperbole, a 97-year-old political written in 1787.” is a process,
icon who served his country faithfully as a That Constitution, said Collins, was not an
Navy officer, Georgia governor, and for four the product of intense negotiations outcome,”
years as president. and compromise, and represents – like said Wu,
And yet, those concerned about the the Magna Carta – an “unprecedented the former
staying power of democracy realize that declaration of human rights.” Those rights dean of
the threat extends far beyond America’s and liberties were “hammered out” by the Wayne State
borders and has become a global Founding Fathers, the group of 18th century University Frank Wu
phenomenon, fueled by a new form American independence leaders who Law School in Detroit. “It requires
of populism based largely on an anti- built the frame of government for the new participation and active engagement.
immigration fervor and a corresponding country. They, according to Collins, were We talk about that as a right; it’s also a
effort to weaken independent and men of “virtue,” a quality currently in short responsibility. Our unique experiment in
democratic (small “d”) institutions. supply in today’s political landscape. self-governance is not only a democracy; it
For Joel Collins, an expert on “Every problem we face, and there are is a diverse one.
constitutional government and its origins many, can be addressed through education, “The divisions we face now are about
(see related story), the stakes are sky-high. specifically by focusing our attention on much more than what direction we should
“If we lose our democracy, we will teaching the importance of virtues,” said go in as a nation, whether on issues such
lose our right to hold our elected leaders Collins. as the pandemic or climate change or the
accountable, our precious right to be “The coarsening of our current political economy or law enforcement,” Wu claimed.
discourse is proof that our current elected
APRIL 2022 | 7
“The divisions are so deep that we do not
share a basic understanding about the Labeled by former British Prime
facts of the world around us. The greatest
difficulty will be coming back together on at
Minister David Cameron as “Britain’s
least a few facts.” greatest export,” the Magna Carta
is the “bedrock of the concepts of
Nathan Bomey, a business reporter
for Axios and an acclaimed author of
three books, began exploring the issues
surrounding the political divide in 2018 in
freedom, justice, due process of law,
a book titled, “After the Fact: The Erosion
of Truth and the Inevitable Rise of Donald
the rule of law, and trial by jury,”
Trump.” according to Collins.
A confluence of political events
surrounding the 2016 presidential race
political narratives that favor ideology over “Charlottesville offered a perfect
between Trump and Hillary Clinton,
science. And in our schools, we fail to teach example of a seemingly progressive
according to Bomey, “created the perfect
students how to authenticate information.” community racked by extremism and hate,”
seedbed for spin, distortion, deception,
Yet, all is not grim, said Bomey, a view said Bomey, who initially ran into a general
that he bolstered in his most recent book, reluctance to be involved in the story he
“Bridge Builders: Bringing People Together was trying to cover. “I began by cold-calling
in a Polarized Age.” some ministers who pointed me to others
“I started working on ‘Bridge Builders’ in instead.”
late 2018 by going out and meeting people From the beginning, Bomey was intent
who aren’t accepting the status quo of toxic on telling the story of “someone who
polarization,” said Bomey. was using social media to bring people
“I walked away from the experience of together,” given how much the opposite
my second book disillusioned about the occurs on those platforms.
and bald-faced
future of democracy in this country,” Bomey Eventually, Bomey was led to those
lies,” due in
admitted. “It was clear that there was a working with “The Everyday Projects,”
large measure to
need to work together for the good of the a grassroots movement that “uses
“shifting news
nation, and I was determined to be part of photography to challenge stereotypes that
habits, the rise
the solution in that regard.” distort our understanding of the world,”
of social media,
With that goal in mind, Bomey set out according to its website. The group bills
the spread of
to build a case for writing a book offering itself as a “global community of visual
Nathan Bomey entrenched
a “positive path” for an otherwise bleak storytellers… all committed to using
ideologies, and the failure of schools to
political situation. imagery to combat harmful misperceptions
teach basic critical-thinking skills.”
“Before pitching the book idea to and to rise above persistent inequality.”
In writing the book, Bomey interviewed
publishers, I knew that I had to do a lot of For Bomey, the organization’s “shared
“a unique mix of executives in the
work up front to convince them that there sense of humanity” spurred his search for
technology world, while also talking
were signs of hope amidst all the doom other like-minded groups and individuals
with experts in the fields of psychology,
and gloom,” said Bomey, who is the son of that ultimately surfaced over a six-month
sociology, political science, and the media.”
a minister. “I wanted to avoid people in the period.
His examination presented a less than
public square and instead concentrate on “We, as a dysfunctional family of a
flattering picture of modern-day society.
those outside the spotlight or under the nation, will continue down a path toward
“On Facebook, we present images of our
radar who were working hard to make a a state of irreconcilable differences that
lives that ignore the truth and intentionally
difference.” threatens to hobble our democracy, our
deceive our friends and family,” he said.
He began his journey in Charlottesville, economy, and our personal well-being
“We consume fake news stories online
Va., the scene of the “Unite the Right” rally unless we fight back against the forces that
and carelessly circulate false rumors. In
in 2017 that resulted in one death and more perpetually seek to divide us,” said Bomey.
politics, we vote for leaders who leverage
than 30 injuries when white supremacist
groups clashed with counter-protesters.
8 | THE PRIMERUS PARADIGM
The Constitution
serves as his guide
to ‘our way of life’
By Tom Kirvan
He’s a man who loves the United States Constitution – that the man who
document of 1789 which has been amended 27 times and has first guided the
been brandished by left and right to justify their hold on the nation.
shifting political sands of the day. That
Joel Collins, now in the 54th year of a distinguished legal president,
career, no longer does the heavy lifting at the Columbia, South of course,
Carolina law firm that he co-founded, Collins & Lacy. The days was George
Joel Collins
of seven-hour depositions are nowhere to be found on his legal Washington, the
calendar, a fact that he is particularly grateful for after spending so-called “Father of Our Country,” whom Collins ranks as the
the bulk of his career in the high-stakes world of professional finest president this country has had to offer. Collins proclaims
liability law, white-collar criminal defense work, and complex as much in “The Legal Bench” podcast interview posted on his
civil litigation. firm’s website.
Now, he relishes another important duty – teaching “He set a great precedent of being a president of class,
undergraduate students at the University of South Carolina’s restraint, excellent judgment, and tolerance for the opinion of
top-ranked Honors College all about the makings and the scope others . . .” says Collins of Washington, who served two terms
of the U.S. Constitution. in office and “in affairs of government . . . tried to be above
Many of the students who enroll in his class enter at a reproach.”
serious disadvantage when it comes to basic legal knowledge, Such qualities, by any standard of political measure, need
he says. to make a comeback for the sake of society, says Collins.
“They all know who the three judges are on ‘American The opportunity for a corresponding sea change is rooted in
Idol’ or other shows of that type, but hardly any of them can the Constitution, says Collins, who still marvels at the elasticity
name even one of the justices on the nine-member Supreme and durability of the age-old document.
Court,” Collins laments. “That in itself is a real indictment Collins, who has a well-deserved reputation as one of the
of our educational system and the need for us to make an top trial lawyers in the nation, knows good writing. He recently
understanding of basic civics a priority.” took his turn at it by writing an autobiography, a book that
According to Collins, there is a federal statute that requires sports a tongue-in-cheek title of “The First 50 Years Are the
schools to “teach the U.S. Constitution” as a way to promote a Toughest.”
greater understanding and appreciation for the document that “As the title suggests, I’ve got some miles on me,” Collins
is at the heart of the American system of government. says in poking fun at himself.
“Plenty of schools don’t comply with the law for reasons It’s a book that offers a retrospective on his 50-plus-year
spoken and unspoken, but that doesn’t excuse them from career, highlighting wins and losses, while also featuring
failing to educate students about a document that is critical to friends made and timeless lessons learned. Last year, as a
our way of life,” Collins indicates. “We need to re-double our belated holiday gift, Collins gave each member of his firm an
efforts to teach the Constitution.” autographed copy, and has done the same for his children,
The Constitution and our Capitol, of course, have been in grandchildren, neighbors, and an ever-growing circle of friends.
the news a bit lately, for all the wrong reasons, thanks to an It comes with a caveat, however, he says with a wink.
event that happened January 6, 2021. By any political account, “As I said in my intro, it’s one of those books that once you
that date will live in infamy no matter how you digest your news put it down, you probably can’t pick it back up.”
each day. Unlike his beloved Constitution.
For a refreshing change, Collins suggests that we turn back
the clock more than two centuries to draw inspiration from
APRIL 2022 | 9
Death knell of democracy? What lawyers can do to meet challenges facing free societies By Tom Kirvan 10 | THE PRIMERUS PARADIGM
T
noting in the acknowledgments that, “Given Among those who has offered his
the theme of this book and the times we full-fledged support of The Democracy
live in, the dedication speaks for itself.” Commitment is noted constitutional law
Sadly, his view has the ring of truth scholar Laurence Tribe, professor emeritus
and serves as a cautionary tale for those of Harvard Law School.
he shopworn phrase “death who think otherwise, said Kurt Andersen, “Our democracy is in grave peril,”
by a thousand cuts” has author of “Fantasyland: How America Went Tribe said. “America is at greater risk of
gained new meaning in Haywire, a 500-Year History.” backsliding into despotism than it was a
the wake of continued Andersen, an American writer and year ago, as forces hostile to democracy
political upheaval endangering the future of Peabody Award winning host of a public are successfully implementing laws to
democracies around the globe. radio program, said that Hett’s book undermine future elections. The legal
For evidence, look no further than your illustrates the “conditions and cynical profession has a special obligation to
local bookstore, where current offerings choices that enabled Nazism, in just a few
include such titles as “How Democracies years turning one of the most advanced
Die,” “Twilight of Democracy: The Seductive and liberal societies into a monstrosity.”
Lure of Authoritarianism,” and the chilling His voice has been echoed by Lawyers Words to the wise
“The Death of Democracy: Hitler’s Rise to Defending American Democracy (LDAD),
Power and the Downfall of the Weimar a group formed in 2019 “to galvanize “Democracies die behind
Republic.” lawyers to defend the rule of law and to closed doors… When
The lessons to be learned from the hold unscrupulous lawyers to account” for
government begins closing
collapse of the Weimar Republic – the misdeeds.
German state from 1918-33 that functioned Recently, the group issued a challenge doors, it selectively controls
as a federal constitutional republic – are to America’s lawyers to actively resist information rightfully
perhaps the most important for those what the 2021 Global State of Democracy belonging to the people.
looking to history for answers to the root Report states is a “gradual but significant
causes of today’s political divide. weakening of [our nation’s] checks on
Selective information is
“The Death of Democracy” treatise, government and civil liberties.” The misinformation.”
written by historian Benjamin Carter Hett, challenge was announced one year after
offers a jarring 304-page account of how a the attack on the Capitol. ~ U.S. Court of Appeals Judge
“fringe politician” can shade the truth to The initiative by LDAD has spawned “The Damon J. Keith
such a degree that his – or her – followers Democracy Commitment,” a pledge written Detroit Free Press v. Ashcroft, 2002
lose sight of established democratic norms. in “response to the legal profession’s failure
to speak out against efforts to undermine use its considerable influence and
Sound familiar?
our democracy, including the right to a free expertise to protect the rule of law and our
The parallels between the Nazi tyrant of
election overseen by impartial officials.” democratic institutions that are now under
World War II and the power-grabbers of
The Commitment, according to a assault. LDAD’s Democracy Commitment is
today are striking, according to Hett, a
prepared statement from LDAD, “asks a blueprint for ways lawyers can and must
lawyer who also holds a Ph.D. in history
lawyers throughout the country, including do more.”
from Harvard University. Each of them, he
in law firms, corporate law departments, To help promote its push, LDAD
said, rose to power through a combination
law schools, and bar associations at the “committed to the development of program
of forces spurred in large part by anti-
national, state, regional, and local level, ideas, toolkits, curricula, and other ways
immigration sentiments and economic
to use their considerable knowledge and to ensure that the legal profession speaks
uncertainty that were perceived as threats
community influence to lead efforts to with a more powerful voice on behalf of
to the standard way of life.
protect such fundamental principles” as: our democratic institutions,” it said in the
Opposition to immigration, according
• Civil discourse and robust debate; prepared statement.
to Hett, has been a familiar refrain for
Moreover, LDAD urged lawyers “to
authoritarian regimes, and its sound has • The repudiation of threats, intimidation, stand for the principle that the defense
become even more deafening thanks to or violence; of democracy” is not a partisan issue,
right-wing television and radio outlets that
• The right to a free and fair election contending that it is “the obligation of
stoke fears on a 24/7 news cycle.
safely administered by impartial all lawyers to convince doubters that the
Hett, a history professor at Hunter
officials; defense of democracy at this time is a
College in New York, dedicates his book “to
• Equal and unfettered access to the polls fundamentally patriotic act.”
everyone who fights for freedom, human
rights, democracy, peace, and tolerance,” in order to exercise the right to vote.
APRIL 2022 | 11Chapter and verse
Bankruptcy lawyer helps clients
chart new business beginnings
A
By Tom Kirvan
one of the founders of Agentis Law, a His career vision sharpened during his
litigation and restructuring firm based second year of law school when he began
in Coral Gables, Fla. “There was a notion taking some business-related courses, a
among family members that becoming a pathway that he continued to follow in his
lawyer would be a step below those in the final year at B.C. where he was a writer and
s a business litigator healing professions.” then associate editor of a school business
for nearly three And yet, after his plan to become a publication.
decades, Bob Navy aviator was sidetracked by a medical “I found my niche, so to speak, and
Charbonneau has condition, Charbonneau decided to go after graduation was part of a boutique
heard his share of lawyer jokes. against the family grain and attend law firm focusing on consumer debt and
More than a few have come from some school, a decision that was validated when corporate debt matters,” he said. “We ran
of the standard-bearers in his family, he gained admittance to one of the top the gamut, representing clients in Chapter
which has been heavily populated over academic institutions in the northeast. 7, Chapter 11, even Chapter 12 bankruptcy
the years by doctors and dentists, those “Even though I did well in college (at cases involving farm operations. We did
who swear by a Hippocratic oath “to do no the University of Florida), I was a long-shot a bit of everything, which you can’t do
harm,” except perhaps when it comes to to get in to Boston College’s law school, today.”
poking fun at those in the legal profession. but surprisingly I did,” said Charbonneau. But somehow, he still does at Agentis,
“My dad was a dentist and he did his “In all honesty, I’m still amazed that I an eight-attorney firm that Charbonneau
best to discourage me from going into the got in based on my academic record. helped found four years ago with
law as a career choice,” said Charbonneau, Apparently, they saw something in me that his partners Jacqueline Calderín and
perhaps I didn’t see in myself.” Christopher Spuches.
12 | THE PRIMERUS PARADIGMBob Charbonneau
Agentis traces its legal roots to the and restructuring in both in-court and A native of New York, Charbonneau
boutique business firm of Ehrenstein out-of-court proceedings, according to grew up in Miami, where his family
Charbonneau Calderín, where the current Charbonneau. migrated when he was 12 years old. His
three principals were all partners. The “We’ve developed a practice in late father, Robert, practiced dentistry
“Agentis” name was the brainchild of commercial litigation and corporate for more than 40 years, while his
Calderín, the current managing partner restructuring that also involves real estate mother, Delores, was raised in Cuba in a
who earned her juris doctor degree from law and partnership disputes,” he said. family with a storied political history.
the University of Miami School of Law. “Generally speaking, in today’s “Her great-grandfather was one
“We wanted a name that could be bankruptcy world you are either known of the Cuban patriots in the fight for
easily branded and remembered, and was as a ‘creditor’s lawyer’ or a ‘debtor’s independence against Spain (in the late
not egocentric,” Charbonneau explained. lawyer.’ We’ve escaped being pigeon-holed 1800s),” said Charbonneau. “He later
“Jacqueline came up with the name like that and found a successful way to served as vice president of Cuba.”
Agentis, a Latin word that as a noun means represent both client bases.” The father of three daughters,
‘advocate’ and as a verb means ‘effective’ Walking that sometimes fine legal ranging in age from 18 to 27,
and ‘powerful.’ It is a name that has served line has produced more than its share of Charbonneau already has seen his
us well and Jacqueline deserves the credit benefits, said Charbonneau. offspring add even more luster to the
for that.” “As someone who has represented family narrative.
The firm represents debtors, secured both sides, the experience has given me a His oldest daughter, Rebecca was a
creditors, and purchasers of assets 360-degree view of the issues, which has Rhodes Scholar finalist and obtained
in the area of bankruptcy, insolvency, made me more open-minded about how her Ph.D. in history last year from the
to approach complex and difficult cases,” University of Cambridge. She currently
said Charbonneau.
APRIL 2022 | 13is Historian-in-Residence at the Harvard- work it does on behalf of veterans of the City to meet with Primerus founder Jack
Smithsonian Center for Astrophysics. armed forces. Buchanan and other members of his team.
Her 25-year-old sister, Sarah, is an “It was one of our best years yet and “It was an incredibly positive
honors graduate of the University of puts us in a position to grow if we so experience and we came away impressed,
Central Florida and is pursuing a master’s choose,” he said. “Growth is good if its deciding on the trip back home that we
degree in speech pathology and speech organic and is done with a purpose.” wanted to join,” Charbonneau said. “It
therapy from Boston University. He and his partners have found plenty was one of the best decisions we’ve ever
Charbonneau’s youngest, 18-year-old of purpose with their membership in made, as it has helped link us to law firms
Amanda, is a senior in high school and “is Primerus, involvement that spans the past around the country and around the world.
swinging for the fences” when it comes to seven years, according to Charbonneau. “Just as importantly, it has given us
her college aspirations, according to her “I had not heard of Primerus the opportunity to participate in their
father. until I received a mailer from them,” programs and conferences, where we’ve
“She has her eyes on Harvard, Boston Charbonneau recalled. “It came in a developed relationships and friendships
College, Boston University, and the like,” beautifully embossed envelope, which with fellow members that have been
he said with a smile. begged to be opened just based on the enriching and rewarding,” Charbonneau
Charbonneau’s smile broadened even presentation. Once I read the message noted. “It’s been remarkably useful in
more when he was asked to reflect on inside, I was intrigued about their helping us develop a culture that aligns
the success of the past year for Agentis, programs and their approach.” with what Primerus is all about.”
a firm that prides itself in the pro bono So much so that Charbonneau and one
of his partners booked a flight to New York
Towering palm trees frame an idyllic setting at Fairchild Tropical Botanic Garden, which was founded in 1938 by
Robert H. Montgomery, an attorney, accountant, and successful businessman. Photo by Daniela Menendez
14 | THE PRIMERUS PARADIGMCoral Gables, Florida
Widely known as “The City Beautiful,” stores, boutiques, art galleries, inviting an 83-acre feast for the eyes with 6,000
Coral Gables is famous for its tree-lined restaurants, and a live theater. rare and exotic plants on display, and a
boulevards, ivy-covered mansions, and The city was principally developed by butterfly exhibit with rare species from
historical landmarks such as the Biltmore George Merrick during the Florida land all over the world.
Hotel and the Venetian Pool, both built boom of the 1920s, and the community’s Coral Gables also is home to the
during the Roaring Twenties a century architectural style is mostly Mediterranean University of Miami, a premier private
ago. Revival. Merrick also reportedly was the university of some 17,000 students
The city of 50,000 residents is located brains behind the themed “Coral Gables that was established in 1925. Among its
southwest of downtown Miami and Villages,” which were designed to expand most famous alums are actor Sylvester
is billed as a Mediterranean-themed the city’s architecture beyond Spanish Stallone, singer Grace Slick, Olympic
planned community featuring the influence to include Italian, French, and gold medalist Greg Louganis, and famed
“shopping and dining paradise of the Dutch South African. attorney Vincent Bugliosi.
Miracle Mile,” accented by high-quality A popular spot for horticulturalists
is the Fairchild Tropical Botanic Garden,
An array of lily pads is an eye-catching feature at the Fairchild Tropical Botanic Garden in Coral Gables. The popular 83-acre horticultural
treasure is named after the late scientist David Fairchild, one of the most famous plant explorers in history. Photo by Daniela Menendez
APRIL 2022 | 15Matter
of faith
Attorney pinned
A round the time
he opened his
law practice
in 2000, Tom
Paschos was asked if he had a business
plan, the type of document designed to
assure interested parties that he had a
blueprint for achieving financial – and
legal – success.
his legal hopes on
“Prayer,” he answered.
For a man of faith, it seemed like a
perfectly acceptable answer, even if his
reply raised more than a few eyebrows.
art of relationship
“I know for a fact that my wife wasn’t
exactly enamored by my response,”
Paschos said with a hearty laugh. “I’m
sure she was hoping that I had a few other
building
thoughts in mind.”
Indeed he did, principally revolving
around a meaningful word that has served
as one of the linchpins of his law practice
– relationships.
By Tom Kirvan Paschos, who was born in Greece
and lived there until the age of 10, has
taken pride in the relationships he has
developed over the course of his 37-year
legal career. In fact, those relationship
bonds provided much of the impetus for
his decision to open Thomas Paschos &
The power of prayer has been a
Associates, P.C., a civil defense firm that
key element in the career success
is headquartered in Haddonfield, New
enjoyed by New Jersey attorney Tom
Paschos, a man who places family Jersey with a satellite office in nearby
and faith above all else. His five- Philadelphia.
attorney firm also includes Thomas “I’ve been fortunate to have forged
Gallagher, Kelly Lavelle, James great relationships with my clients over
Corrigan Jr., and Katie Grillo.
the years, developing a kind of kinship
with them as I’ve handled their various
legal needs,” said the 61-year-old Paschos.
“Creating those types of relationships,
and cementing them by doing our best
work possible, have been at the heart of
our law firm.”
16 | THE PRIMERUS PARADIGMHis firm – and his practice in particular – new wine into old wineskins,’ which was competition. The fact that we eventually
specializes in “the defense of professional pivotal in my decision to start anew.” got married obviously was the best part
liability matters, corporate litigation It should come as no surprise that of that entire experience, and of getting
matters, insurance coverage, employment Paschos leaned on history to help with to know each other initially and through
matters, products liability, and commercial the decision, for he has had a lifelong tennis.”
litigation,” according to Paschos. love of the subject, fed perhaps by his While at Drexel, Paschos took part in
The work, he said, has been early upbringing in a country steeped in the university’s co-op program, working
“fascinating and demanding,” and can ancient lore. first for RCA and then Thomas Jefferson
feature “cases within cases” especially “Greece, of course, is the birthplace University Hospital.
when representing lawyers facing claims of democracy and is well known as the “At both jobs, I was crunching numbers
of legal malpractice. ‘Cradle of Western Civilization,’” noted all day long,” he explained. “It served as a
“As a lawyer, defending those type of Paschos, who speaks Greek fluently. “I’ve big awakening for me, as I discovered that
cases really resonates with me, knowing always loved and been fascinated by I was better suited for a profession where I
full well that the stakes are high for a history and the many lessons we can learn could utilize my writing skills.”
client whose professional reputation from it.” Hence the decision to attend law
and future ability to practice are being His father was a tailor in Alistrati, a school, followed a year later by marriage
questioned,” said Paschos, who earned his small town in the Macedonia region of to his beloved Drexel classmate, once she
law degree from Temple University School Greece, when in 1970 he made a life- graduated from Drexel and he from law
of Law in 1985. changing decision to emigrate to the school.
Many such cases have ended up in United States. The move to “find a better “I can honestly say that I love my
court, where Paschos has excelled thanks future” for his family in the so-called wife now more than ever and have been
in large part to a decision early in his legal “land of opportunity” was not an easy incredibly blessed by her presence in my
career to obtain a Master of Laws (LL.M.) in transition. Two years after the move to the life,” said Paschos. “She is a godsend. I am
Trial Advocacy from Temple School of Law. U.S., Paschos lost his mother to a brain so fortunate to be with her in this amazing
“There I sharpened my trial skills aneurysm that claimed her life at the journey we call life.”
by learning from some of the finest age of 39. The couple has six children, one
practitioners in the Philadelphia legal The family, which included two young grandson, and a granddaughter who was
community,” Paschos indicated. “Obtaining sons, settled in the Delaware County born in late March. Their children include
my master’s in law from Temple School community of Upper Darby, a Philadelphia Lucy, Stephen, Mary, Joe, Catherine, and
of Law gave me the confidence to open suburb that bears the motto, “The World Monica, a high-achieving group that
my own practice. I learned from some of in One Place.” It’s an apt description for a ranges in age from 18 to 33.
the best trial lawyers around, enhancing diverse municipality that is home to more “They all have their special talents,”
my ability to successfully navigate my than 100 ethnic cultures. Paschos said with more than a hint of
way around a courtroom. I went into that “I was part of the high school soccer pride. “Most importantly, they all have
program with the thought that I knew how team there and it really was representative their hearts and minds in the right place.
to try a case, and I left with the belief that of the United Nations,” Paschos said with They are the best part of us.”
‘I now really know how to try a case.’ The a smile. So far, none have followed their father
difference was amazing.” After receiving his high school diploma, into the legal profession, although the
Paschos was 39 when he began his Paschos didn’t travel far to attend college, family patriarch is still holding out a
firm after spending the first 15 years of enrolling in Drexel University, a private glimmer of hope.
his career with two “outstanding” small research university in Philadelphia. It was “Let’s just say there are a couple of
defense firms in Philadelphia, for whose there that he became better acquainted excellent candidates, so as not to apply
mentorship he is “very grateful,” he said. with his future wife, Lucy Tierney, thanks any undue pressure.”
“It was a risky proposition,” Paschos to his – and her – involvement in another Paschos, whose 94-year-old father
said about the decision to step out on sport. They had first met, through tennis, returned to his native land upon retiring,
his own. “I prayed and prayed and prayed while in high school. has been active in the Greek-American
some more about it. I distinctly remember “We both played on the Drexel community, and is a past president of the
reading one of the parables about ‘putting varsity tennis teams,” said Paschos. “We
both really enjoyed the sport and the
APRIL 2022 | 17American Hellenic Lawyers Association 2008,” said Paschos, who has presented
and past national chairman of the Pan- numerous programs and webinars for the
Macedonian National Convention. international alliance. “We have some
On the political front, he has been of finest legal minds in the world at our
actively involved in local, state, and reach because of Primerus, and our firm
national election campaigns, while also has been fortunate to benefit from and to
utilizing his legal skills to represent contribute to this great Primerus alliance.
“political organizations in election court “And yes, it is a great feeling to give
matters.” back freely, to refer our clients and friends
At some point in the near future, to other Primerus firms throughout the
Paschos is hopeful that he can share country, and to give the gift of our talents,
some of those courtroom skills in a trial our knowledge, and our very hearts and
academy he envisions for Primerus. selves,” Paschos said. “It’s true that it is
“I think it would be a great addition to ‘better to give than to receive’ and that ‘we
the Primerus offerings, which as a whole find ourselves by getting out of ourselves
have meant a tremendous amount to the and helping others.’”
success of our firm since we joined in
In a treasured photo, Tom Paschos anchors a family shot featuring (left to right)
Ben, Teddy, and Lucy O’Brien; Stephen; Grant and Mary Latran; Joe, Catherine, and
Monica Paschos; and his wife, Lucy.
18 | THE PRIMERUS PARADIGMHaddonfield, New Jersey
Some 10 miles from the heart of Today, due to its close proximity Philadelphia Eagles, Flyers, and Phillies.
Philadelphia, Haddonfield is a charming to Philadelphia, Haddonfield is home Its elementary, middle, and high school
town of 12,550 residents that traces its to many of the “super stars” of the are consistently ranked among the finest
roots to the Colonial days of 1682 and professional sports teams, such as the public schools in New Jersey.
is named after the father of one of its
foremost settlers, Elizabeth Haddon.
While dwarfed in size and population
by its big-city neighbor, Haddonfield
has carved out a reputation as one of
the “best places to live, shop or dine in
the Delaware Valley,” the historic region
through which the Delaware River flows.
Its downtown features more than
200 shops and galleries, and an array of
enchanting restaurants that will appeal
to every age, taste, and pocketbook,
according to those who tout the retail
center’s old-world hospitality where
“courtesy is the norm” and shopping can
be a “rejuvenating experience.”
Bordered by the Cooper River,
a tributary of the mighty Delaware,
Haddonfield is rich in history and is
home to the second oldest volunteer
fire department in the country. The
famed Indian King Tavern in Haddonfield
served as the meeting site of the New
Jersey General Assembly in 1777 at which
the legislature officially ratified the
Declaration of Independence.
In a nod to the pre-historic era,
downtown Haddonfield is graced by the
presence of a statue of Hadrosaurus, a
type of dinosaur that reportedly roamed
the area millions of years ago. The statue
has gained landmark status over the
years and serves as a mascot of sorts for
Haddonfield residents. The nearly intact
skeleton of the dinosaur was discovered in
1858 at a marl pit in Haddonfield.
A statue of “Haddy” the dinosaur is a downtown focal point in Haddonfield.
APRIL 2022 | 19Growth
industry
Attorneys help
cannabis clients
steer way through
legal maze
By Tom Kirvan
20 | THE PRIMERUS PARADIGMO
Mabugat quickly became one of L.A.’s California, virtually all of the growing
“go-to” lawyers in the field of cannabis is done in giant warehouses, where
law, so much so that she was one of everything is in a controlled environment
the co-authors in 2017 of a book titled, not subject to the whims of the elements.
ne outgrowth of “Legal Weed: A Comprehensive Guide to Those growing in the northern part have
the burgeoning California Cannabis Law & Regulation.” seasonal harvests, while growers in
marijuana At the time it was published, the book southern California can harvest their crops
industry is was viewed as a trusted guide on how every 6 to 8 weeks. It’s a big difference in
the increasing those in the cannabis business could stay yearly output.”
number of lawyers and law firms on the right side of the law. In 1996, California became the first
nationwide that have embraced the Until it wasn’t. state in the country to legalize the use of
concept of a legitimate cannabis practice. “It took about three months before the medical marijuana, according to Mabugat,
In one sense, it’s all about “weed book was outdated,” Mabugat lamented. who received her bachelor’s degree from
control” for the state and local agencies “That’s how fast the cannabis landscape U.C.L.A, the cross-town rival of her legal
that regulate the legalized sale and was changing – and continues to change alma mater U.S.C. In late 2016, California
recreational use of marijuana, which has as the fragmented laws and regulations voters approved a ballot initiative that
spread across 18 states since Colorado for cannabis change on a yearly, monthly, legalized recreational use of weed by
and Washington blazed the green trail a weekly, and sometimes daily basis. adults.
decade ago. Someone recently compared my legal “California has been at the forefront of
And those oftentimes hazy cannabis experience in this industry to an ‘athlete the cannabis industry for years and other
laws have proved to be both a boon and training at altitude,’ and I couldn’t agree states have kept watch over our successes
bane to attorneys advising “touch-the- more. You have to be able to turn on a and failures in regulating the business,”
leaf” businesses on how best to navigate dime and think more creatively than your said Mabugat, noting that there are more
the occasionally choppy waters of average lawyer.” licensed cannabis businesses in the state
regulatory compliance. Particularly in the nation’s most than there are McDonald’s and Starbucks
Just ask Michelle Mabugat, a corporate populous state of California, which outlets combined.
and transactional attorney for Greenberg Mabugat said “might as well be divided The state’s greatest challenge in
Glusker, a single-office law firm in the into two states” when it comes to regulating the marijuana industry, which
Century City district of Los Angeles. marijuana production. reportedly has generated upward of
A 2011 graduate of the University of “In northern California, most of $2.8 billion in tax revenue since 2018, is
Southern California Gould School of Law, the cultivation is done outdoors or in dealing with an entrenched black market
greenhouses,” she explained. “In southern continued on page 22
Michelle Mabugat, Alexandra Becker, Carrie Ward, and Eric Sleeper (left to right) are four members of the recently formed Cannabis Practice Group that is part
of the Primerus alliance. The group hosted a webinar on February 22, discussing a host of issues for those interested in the ever-evolving field of cannabis law,
both domestically and internationally.
APRIL 2022 | 21continued from page 21
or “legacy” market that sidesteps the to legalize marijuana for recreational use “Traditionally, legalizing medical
tax-man and makes it difficult for licensed after years of failed attempts. marijuana has been the first step for
operators to compete, Mabugat indicated. “Relatively speaking, New York is a late most states,” said Becker, who earned her
“The state has tried to step up law entrant to the legalization movement,” bachelor’s degree from Johns Hopkins
enforcement actions, but dealing with said Becker, whose law practice has been University in Baltimore and her juris
those in the legacy market is like playing dominated in recent years by liquor doctor from Villanova University School
a game of whack-a-mole, where they shut licensing matters. “Obviously, states like of Law in 2014. “The step to legalizing it
down an illicit operator and another pops California and Colorado have been at for recreational use has been a tougher
up somewhere else,” said Mabugat, who the forefront of the movement and have sell politically in some states, although
noted that illicit market prices can be half a huge head start on states that have more and more are adopting it principally
as expensive as from regulated sources. recently adopted legalization legislation.” because of the potential tax revenue.”
Mabugat is one of two attorneys at With a population of approximately Currently, Becker is the lone attorney
Primerus member Greenburg Glusker who 20 million people, New York is the fourth at Nolan Heller Kauffman who is dealing
primarily concentrate their practice on most populous state in the nation, making with cannabis legal matters, although that
cannabis and hemp-related matters. it an especially attractive and potentially could change as the industry begins to
“It was a thousand percent by chance lucrative market for marijuana growers take hold in the next few years, she said.
that I got into this field, but I must admit and sellers, according to Becker. “In some respects, I expect that
that it has been a fascinating experience “Currently, a lot of that potential many of the issues I deal with in liquor
to be one of the first legal pioneers tax revenue is going to neighboring licensing will be similar to what will be
involved in such an evolving part of states such as Massachusetts,” Becker presented in the cannabis area,” she said.
the law,” she said. “I derive a great deal explained. “While the recreational use of “Of course, one of the major differences
of satisfaction from puzzling together marijuana in New York became legal last is that marijuana is still classified as an
creative business solutions for my clients fall, selling cannabis is not legal until all illegal drug on the federal level and that
and defending them when faced with the regulations are in place, which might has impacted the banking industry’s
regulatory enforcement actions.” not be until this summer or fall. There is a involvement.”
Alexandra Becker – a partner with sense of urgency to get all the regulations Attorney Carrie Ward, a partner with
the Nolan Heller Kauffman law firm in in place so as not to miss out on any more the Primerus firm of Earp Cohn, P.C. of
Albany, New York – also is part of the tax revenue, which is projected to be in Cherry Hill, New Jersey, has watched with
recently formed Cannabis Practice Group the neighborhood of $1.2 billion over special interest over the past two years as
in Primerus. Her interest in cannabis law the next six years according to budget her native state inches closer to granting
has been sparked over the past year by estimates.” licenses for cannabis businesses catering
the State of New York’s decision last fall The state dipped its proverbial toe to recreational users of pot.
in the cannabis water in 2014 when it “State voters gave the green light to
adopted the Compassionate Care Act, recreational use back in the fall of 2020
which legalized the sale and use of and the legislature set licensing plans in
marijuana for medical purposes, according motion on February 22, 2021 with the first
to Becker. licenses to be issued beginning a year
later on February 22, 2022,” Ward indicated.
But that timeline was not met as
state officials wrestled with a host of
nettlesome issues, principally centered
on how best “to level the playing field”
for cannabis suppliers, according to Ward,
who earned her juris doctor from Rutgers
Law School.
“The medical use of marijuana has
been in place for around a decade in
New Jersey, although initially only a
limited number of licenses were granted,”
22 | THE PRIMERUS PARADIGMexplained Ward, who has a business law uncertainties and compliance issues to be to have a successful business, directly
practice with a particular focus on the sorted out.” or ancillary, to the cannabis industry.
entertainment, communications, and Eric Sleeper, a longtime partner with After almost four decades of practicing
media areas. “Several years ago, the Barton LLP in New York, has spent much primarily in the corporate restructuring
number of licenses was expanded and of his career on creditor-debtor rights, field, I am thrilled to have expanded my
collectively all those suppliers are poised restructurings, cybersecurity, corporate practice to advising clients in this high
to enter the recreational market as soon bankruptcy, and commercial litigation growth industry.”
as they get the go-ahead from the state. matters, but in recent years has kept a Sleeper said that “worldwide sales
In effect, they would have a huge head- close watch on legal issues impacting the of legalized marijuana topped $21 billion
start on those looking to get into the cannabis industry. in 2020 and projections show market
recreational side of the industry, which is “Barton LLP is very entrepreneurial growth rising above $100 billion by
why the licensing process is taking longer focused in our legal practice and in 2028,” a meteoric rise that has huge tax
than expected.” advising our clients in getting, and implications for governmental entities
The “big players” in the cannabis maintaining, a firm toehold in industries around the globe.
business, said Ward, are “chomping at the like cannabis,” said Sleeper of the law And yet, cannabis use is still illegal
bit” to start selling to recreational users in firm that also has an office in Nashville. under federal law in the U.S. and it
New Jersey. “The cannabis industry, in turn, is remains unclear if that will change
“They already have the growing and highly entrepreneurial. The growth of anytime soon, said Sleeper, an alum of
distribution infrastructure in place, so the industry has been just short of Rutgers University, where he was inducted
those major suppliers would have the phenomenal over a period of less than into the prestigious Phi Beta Kappa
potential to create a monopoly, squeezing two decades. Medical marijuana did not Society.
out the smaller companies who want start to become legalized in the U.S. until “I have no crystal ball when it comes
to get into the market,” Ward indicated. the late-1990s beginning with the state of to federal decriminalization and/
“State officials are trying to figure out a California. It was only roughly a decade or legalization towards marijuana,”
way to ensure that there are opportunities later, in or about 2012, that legalization he said. “Fortunately, pursuant to the
for whatever size company you have.” followed in the U.S. for the recreational, Hemp Farming Act of 2018, the federal
Each delay compounds the frustration adult-use market through the states of government removed hemp as a Schedule
not only for potential suppliers, but also Colorado and Washington. Since then, 1 controlled substance and opened a
for state treasury officials who project that legalization has skyrocketed throughout wide-ranging market for the cultivation,
marijuana sales will generate upwards of this country. Now, a majority of states have production and sale of industrialized
$300 million annually in tax revenue. legalized medical cannabis and more than hemp and hemp-related products.
“And, of course, that’s money that can a third have done so also for recreational “At the same time, there remains
be spent for the schools, the roads, and use. a significant portion of Congress (as
various other important needs the state “Simultaneously, following Canada’s well as the U.S. public) that supports
wants to address,” said Ward, who expects cannabis legalization other countries are decriminalization and legalization of
that “more and more” of her practice will beginning to move towards legalization recreational, adult-use marijuana,” Sleeper
be devoted to cannabis law in the years in one shape or another,” indicated noted. “Given the obvious failures of the
ahead. Sleeper, an honors graduate of Emory War on Drugs, the billions of taxpayer
“The laws are all over the place and University School of Law in Atlanta. “The funds that have been lost ‘fighting’ that
nothing is black and white in the cannabis Netherlands, Luxembourg, and Malta, in War, and the obvious social inequities
business,” said Ward. “And that doesn’t particular, are already well down that path. resulting from the criminalization of
begin to take into account the inherent But other large countries are in kind giving marijuana, I would like to believe that
tension between federal and state laws serious consideration towards legalization, decriminalization has a stronger chance of
regarding marijuana use. It’s just one of including Germany, Italy, Mexico, South becoming a reality sooner at the federal
the many reasons it will be especially Africa, etc. It is an exciting time to be a level in advance of legalization. Obviously,
important to have legal help in that type part of this, a very open and make-law as with the states and certain countries,
of business, where there are so many field from a legal practice standpoint, and decriminalization tends to then open the
one requiring knowledgeable legal advice door wider towards overall legalization.”
for a whole series of legal considerations
APRIL 2022 | 23You can also read
