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LEGAL COMMITTEE<br />

October 26, 2011<br />

Present: Committee Members: Polly Clemo, Dr. Ronald Fountain<br />

William Gaskill, John Moss, Charles Spain, Dr.<br />

Joseph Carter, Dr. Alfred Connors<br />

Staff: John Corlett, Marlene Franklin<br />

Dr. Edward Hills, Phyllis Marino, Mark Moran<br />

Thomas Onusko<br />

The meeting was called to order at 2:30 p.m. by Mr. Spain. The<br />

minutes are written in a format conforming to the printed meeting<br />

agenda for the convenience of correlation, recognizing that some<br />

of the items were discussed out of sequence.<br />

1. The minutes of the August 24, 2011 meeting were approved.<br />

2. Engagement of Sennett Fisher as special counsel for general<br />

and business litigation matters<br />

Mr. Onusko requested approval of the retention of Sennett<br />

Fisher, LLC as special counsel for general and business<br />

litigation matters. He noted that James Sennett served as<br />

our special counsel at the law firm Cowden & Humphrey and<br />

recently formed his own firm. He has extensive trial<br />

experience and is currently handling a litigation matter for<br />

MetroHealth at a very attractive hourly rate.<br />

Upon motion made and seconded, the Committee resolved to<br />

recommend to the Board of Trustees approval of the retention<br />

of Sennett Fisher, LLC as special counsel for general and<br />

business litigation matters.<br />

3. Engagement of Fay Sharpe as special counsel for intellectual<br />

property matters<br />

Mr. Onusko requested approval of the retention of Fay Sharpe<br />

as special counsel for intellectual property matters. He<br />

introduced Joseph Dickinson, MetroHealth’s Privacy and<br />

Security Officer, who has significant intellectual property<br />

experience and who identified intellectual property firms in<br />

the area. Mr. Onusko detailed the requests for proposal and<br />

the selection process.


Upon motion made and seconded, the Committee resolved to<br />

recommend to the Board of Trustees approval of the retention<br />

of Fay Sharpe as special counsel for intellectual property<br />

matters.<br />

Mr. Moss inquired as to how often the Committee should<br />

review the continued retention of a law firm. It was the<br />

consensus of the Committee that the continued extension of a<br />

law firm be reviewed at least once every three years.<br />

4. Government Relations Update – John Corlett<br />

Mr. Corlett noted that Mr. Moran would be presenting<br />

MetroHealth’s budget to the County Council on November 7 and<br />

encouraged Trustees to attend.<br />

Mr. Corlett reported that he is continuing to work with<br />

Neighborhood Progress, Inc. on the West 25 th Street<br />

Redevelopment Project.<br />

Mr. Corlett noted that MetroHealth has received an<br />

“unofficial blessing” of its Medicaid Waiver proposal by the<br />

Governor’s office. The State will have to submit the<br />

application on behalf of MetroHealth. He stated that a<br />

third party administrator will have to be named. Mr. Moran<br />

added that we will have to engage someone to help us on the<br />

analytical side of the benefit package to deal with<br />

eligibility claims.<br />

A motion was unanimously passed by roll call vote to hold an<br />

executive session to consider pending litigation matters and<br />

trade secret matters.<br />

Following the executive session, the meeting reopened.<br />

5. Upon motion made and seconded, the Committee resolved to<br />

recommend to the Board of Trustees the proposed settlement<br />

of Claim No. 10-52-0108.<br />

2


There being no further business, the meeting adjourned at<br />

3:40 p.m.<br />

Respectfully submitted,<br />

Thomas J. Onusko<br />

Senior Vice President<br />

General Counsel<br />

3

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