Delchin, Steven A.

    Steven A. Delchin

    Senior Attorney

    steven.delchin@squirepb.com View Full Bio

    Steve Delchin is a skilled appellate and general litigation attorney who approaches cases practically to achieve his clients’ objectives. He has been practicing in the field of professional ethics for most of his career and has become well known for his advising and counseling on sophisticated ethical issues. Steve is responsible for producing the firm’s annual professional conduct program, which has developed into one of the most unique and engaging programs in the legal industry.

    Prior to joining the firm in the late 1990s, Steve served as a law clerk to The Honorable Alan E. Norris at the US Court of Appeals for the Sixth Circuit. There, he gained unique insights into the judiciary and appellate practice that he brings to his clients’ appeals.

    Steve has an active appellate practice and successfully has represented numerous clients before courts across the country, including the Supreme Court of Ohio, the US Court of Appeals for the Second and Sixth Circuits, and the US Supreme Court. In addition to guest lecturing on effective appellate advocacy, Steve has regularly contributed to the Sixth Circuit Appellate Blog, a firm sponsored blog that offers insights on trending appellate matters. Steve also has appeared on radio and TV programs to discuss recent high-profile appellate cases and issues, including appearances on LXBN TV of the LexBlog Network.

    Steve is a frequent author and lecturer on trending legal ethics issues. Since 2016, Steve has served as faculty member of the Practising Law Institute’s new lawyers training program focusing on the field of law office management, and addressing such topics as client relations, ethical conflicts of interest, trends in law office technology and effective lawyer marketing.

    Steve has served as a member of the American Bar Association AI Ethics Working Group, which was formed to address ethical issues raised in the use of artificial intelligence in the practice of law. As part of his work, Steve chaired the Bias Section Subcommittee of the ABA AI Ethics Working Group, which proposed recommendations to address bias in AI legal tools. Steve also has written and lectured extensively on the use of AI in the practice of law through the lens of professional ethics.

    Steve has become very well known for his talents as a movie director and producer. Over the last decade, he has written, directed and produced a series of innovative movies for the firm that explore professional conduct issues confronting both inside and outside counsel. Steve’s full-length Hollywood-style movie productions can be viewed at the links below.

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    Appellate

    • Successfully representing one of the world’s most famous Italian designers of luxury merchandise before the Second Circuit Court of Appeals leading to a judgment of US$35 million in knockoff damages against defendants for trademark counterfeiting.
    • Securing a summary judgment reversal in a rare unanimous opinion from the Supreme Court of Ohio on behalf of an S&P 500 company in a protracted contract dispute involving several former employees.
    • Obtaining a unanimous appellate reversal and judgment in favor of one of the largest real estate companies in the US in a premises liability action involving serious injuries sustained by a worker at an Ohio shopping mall.
    • Securing multiple appellate victories in the New York Court of Appeals and New York Appellate Division in a high-stakes, bet-the-company action on behalf of a luxury boutique hotel company.
    • Securing a unanimous trial court reversal in the Ohio Court of Appeals on behalf of one of Ohio’s largest school districts embroiled in an employment dispute.
    • Serving as appellate counsel for a three-week jury trial in Ohio federal court involving a bankruptcy avoidance claim of over $300 million.
    • Obtaining a ruling from the Sixth Circuit Court of Appeals in a complicated appeal remanding a high-profile murder case to the district court based on claims of ineffective assistance of counsel.
    • Successfully securing habeas relief before the Sixth Circuit Court of Appeals on behalf of an indigent client who improperly was shackled at trial in plain view of the jury.
    • Appearing and arguing before the US Court of Appeals for the Sixth Circuit pursuant to the Criminal Justice Act in various appeals involving habeas petitions and federal sentencing claims.

    Litigation

    • More than 20 years of experience as a key member of a national counsel team to a Fortune Global 500 tire and rubber products manufacturer in hundreds of product liability suits and class actions filed across the US.
    • Representing one of the world’s largest tire manufacturers in a groundbreaking US$8 billion class action lawsuit alleging global securities fraud.
    • Successfully representing a local businessman and his company in a federal lawsuit asserting numerous claims based on extensive charges of Internet computer hacking.
    • Acting as conflicts counsel to an official committee of unsecured creditors in one of the largest bankruptcies in US history.
    • Successfully asserting personal jurisdiction defenses on behalf of a Fortune Global 500 tire and rubber products manufacturer in multiple forums, including California, New Mexico, Pennsylvania and the US Virgin Islands.
    • Successfully defending a major metropolitan school district in a US$4 million personal injury lawsuit.
    • Providing aggressive and successful defense of several trademarks of an industry-leading health insurance company.
    • Defending successfully an innovative marine electronics company headquartered in Hong Kong in a highly contentious copyright dispute in Florida.
    • Obtaining dismissal of all claims on personal jurisdiction grounds on behalf of a German subsidiary of one of the world’s largest automotive suppliers.

    Education

    • Case Western Reserve University, J.D., summa cum laude, valedictorian, Order of the Coif, contributing editor, Case Western Reserve Law Review, 1997
    • John Carroll University, B.A., summa cum laude, 1994

    Admissions

    • Ohio, 1997

    Courts

    • U.S. Supreme Court
    • U.S. Ct. of App., Second Circuit
    • U.S. Ct. of App., Sixth Circuit
    • U.S. Dist. Ct., N. Dist. of Ohio

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    Publications

    • Quoted in, “Generative AI Use Poses Threats to Attorney-Client Privilege,” Isabel Gottlieb, Bloomberg Law, January 23, 2024.
    • Co-author (with Peter Brown), “Legal Ethics in the Metaverse,” PLI Chronicle, August 2022
    • Co-author (with Colin Jennings), “State Attorney Generals in Parens Patriae Actions,” Bloomberg Law , November 2021.
    • Author, “Exploring Explainable AI And Its Potential Usage In Legaltech Through The Lens of Legal Ethics,” PLI Current, 2019.
    • Co-author (with Colin Jennings, Marisa Darden, Aya Hobbs and Elizabeth Weil), “International Shoe on International Crimes: Applying the Minimum Contacts Test in Criminal Prosecutions of Corporations,” PLI Current: White Collar Practice Journal, Volume 2, No. 1, September 2019.
    • Co-author (with Scott Bailey, Huu Nguyen, Saskia Mehlhorn, Steve Lastres and Janine Cerny), “Ethics in the Use of AI,” Law Librarianship in the Age of AI, American Library Association, 2019.
    • Co-author (with Colin Jennings), “Challenging the DOJ’s Accomplice Liability Strategy for Reaching Foreign Conduct in International Bribery Schemes,” PLI Current: White Collar Practice Journal, Volume 1, No. 1, November 2018.
    • Author, “Ethics and Professionalism in the Sixth Circuit,” 76 Ohio State Law Journal 121, 2015.
    • Co-author (with Mollie Roy and Ken Moore), “A Closer Look at Confidentiality and Privilege When Doing Business Abroad,” ACC Docket, January/February 2014.
    • Co-author, “Show Me Your Wares: The Use of Sexually Provocative Ads to Attract Clients, 32 Seton Hall Law Review 64, 1999.
    • Author, “Viewing the Constitutionality of the Access Act Through the Lens of Federalism,” 47 Case Western Reserve Law Review 553, 1997.
    • Comment, “United States v. Virginia and Our Evolving ‘Constitution’: Playing Peek-a-boo with the Level of Review for Sex-based Classifications,” 47 Case Western Reserve Law Review 1121, 1997.
    • Comment, “Scalia 18:22 Thou Shall Not Lie with the Law School and Academic Elite; It is an Abomination – Romer v. Evans and America’s Culture War,” 47 Case Western Reserve Law Review 207, 1996.

    Speaking Engagements

    • Co-presenter (with Steve Fazio), “Artificial Intelligence and the Ethical Practice of Law,” 39th Annual Ohio Environment, Energy and Resources Law Institute, Columbus, April 5, 2024.
    • Co-presenter (with Ken Moore), “Law Office Management,” Lawline, Cleveland, December 4, 2023.
    • Co-presenter (with Ken Moore), “Law Office Management,” Practising Law Institute, Cleveland, November 29, 2023.
    • Panelist, “Think Like a Lawyer, Talk Like a Geek 2023: Get Fluent in Technology,” Practising Law Institute, New York, November 13, 2023.
    • Co-presenter, “AI Ethics,” 14th Annual Appalachia Energy Law Conference presented by the Institute for Energy Law and the Energy & Mineral Law Foundation, Pittsburgh, September 8, 2023.
    • Panelist, “Artificial Intelligence Law 2023,” Practising Law Institute, New York, January 24, 2023.
    • Co-presenter, “Law Office Management,” Practising Law Institute, Cleveland, November 29, 2022.
    • Co-presenter (with Peter Brown), “Artificial Intelligence Law 2002,” Practising Law Institute, January 25, 2022.
    • Co-presenter (with Ken Moore), “Confidentiality for In-House Counsel (2020),” LexisNexis Webinars, June 30, 2020.

    • “Santa Ethics” (2023) – On November 28, 2023, we featured the cinematic debut of Steve’s newest full-length movie, entitled Santa Ethics, a one-of-a-kind continuing legal education production that explores ethics and professionalism through the magic of the holiday season. Santa Ethics was written, directed and produced by Steve and features the acting talents of the firm’s lawyers and staff, as well as their kids. The movie includes scenes filmed at the famous A Christmas Story house in Cleveland, Ohio, and at Castle Noel, America’s largest year-round indoor holiday entertainment attraction. Steve’s 2023 storyline explores the ethics of artificial intelligence in the practice of law and other ways to stay on Santa’s ethical “nice” list during the holiday season.
    • “Prime Time Ethics” (2022) – On December 1, 2022, Steve debuted his latest on-demand streaming program entitled “Prime Time Ethics.” This entertaining and highly informative CLE program uniquely explores ethics and professionalism through the use of TV lawyers from prime time television. The list includes Jackie Chiles (Seinfeld), Lionel Hutz (The Simpsons), Arnie Becker (L.A. Law), Saul Goodman (Better Call Saul), and many more. “Prime Time Ethics” explores a long list of timely ethical topics, including the hot debate over the anti-money laundering revisions to the ethics rules, the latest ethical issues in litigation financing, a deep dive into the attorney-client privilege in today’s corporate context, novel aspects of the no-contact rule, mental health struggles for lawyers in the post-pandemic world, and the problem of implicit bias in the practice of law. Steve’s “Prime Time Ethics” program is available for viewing globally, and it is one of the most anticipated CLEs of the year.
    • “Virtual Ethics” (2021) – In December 2021, Steve premiered his on-demand program entitled “Virtual Ethics,” which focuses on the ethics of remote lawyering – a hot topic in the legal industry. The program features Steve’s exclusive interview with internet sensation Rod Ponton, the famous “Zoom Cat Lawyer,” who ironically discusses a lawyer’s ethical duty of technological competence. Steve’s program also explores the ethical consequences of using smart home technology such as Alexa or Google Assistant, as well as the ethics of lawyers working remotely in jurisdictions in which they are not licensed. As in past years, Steve’s program highlights a number of entertaining video clips from several of his past movie productions.
    • “Bill and Teddi’s Excellent Update” (2021) – In spring 2021, Steve partnered with partner Rick Manoloff to produce a highly entertaining video production spoofing the 1989 science fiction comedy film Bill & Ted’s Excellent Adventure. Combining Steve’s video production talents and special effects wizardry with Rick’s dynamic screenplay and acting talents, the duo’s video production served as the firm’s “Legal Update” for the Annual Conference of the Ohio Association of School Business Officials (OASBO). In the video production, Rick plays the role of Alexander Hamilton, who is transported forward in time to 2021 to sing, rap and dance his way into the hearts and minds of numerous school district clients and potential clients.
    • “Hollywood Ethics” (2020) – On December 15, 2020, Steve debuted his 3.5-hour on-demand program entitled “Hollywood Ethics,” which features the “best of the best” highlights from Steve’s uniquely themed movie productions from the past 10 years. “Hollywood Ethics” spotlights nearly 100 firm lawyers and alumni in various movie roles and features more than 20 speakers, including special guests David Lat (founder of Above the Law), Patrick Krill (globally recognized speaker on substance abuse) and Professor Cassandra Burke Robertson (director of the Center for Professional Ethics at Case Western Reserve University). Steve’s engaging program explores a number of topics, including ethical issues relating to the use (and non-use) of artificial intelligence, conflicts of interest (and disqualification risks) for inside and outside counsel, the problem of implicit bias in the practice of law (and how to address it), substance abuse issues facing lawyers, and tips on how to be a super(hero) lawyer. Steve’s “Hollywood Ethics” program was released nationally and reached the broadest audience of any of his programs to date.
    • “Zombie Ethics” (2019) – On December 10, 2019, Steve presented his latest program entitled “Zombie Ethics,” a one-of-kind continuing legal education program that examines unethical and unprofessional conduct by lawyers through the lens of the Zombie Apocalypse. Steve’s program featured the debut of his newest full-length movie entitled “Zombie Ethics,” which was shot in Downtown Cleveland during the summer of 2019. To recreate the Zombie Apocalypse, Steve organized a broad casting call seeking zombie extras from all over Cleveland, Akron, and Mansfield. Over 100 extras answered the call, many of whom were drawn from the local haunted house and film community. To make the production a success, Steve recruited several professional makeup artists to help transform the large group of extras. Steve’s program included a live panel presentation that focused on the ethics of using “web bugs” and mining an opposing counsel’s metadata, the limits of zealous advocacy in the courtroom setting, ethical duties relating to U.S. border searches of electronic devices, and an examination of why lawyers become ethically “zombified” and what can be done to stem the tide of zombification in the legal profession.
    • “Alien Ethics” (2018) – This full-length movie written, directed and produced by Steve debuted on December 11, 2018 at the Squire Patton Boggs professional conduct program. For his 2018 production, Steve teamed up with Hollywood makeup artist Alan Tuskes (whose credits include Austin Powers, Kill Bill, Exorcist IV, Children of the Corn) to transform the firm’s lawyers (and acting talent) into intergalactic characters. Steve’s movie features numerous special effects and uniquely explores several trending topics in the legal profession, including how artificial intelligence (AI) is transforming the practice of law, the ethics of using (and not using) AI, and how to recognize and address implicit bias in the law. The research and content from Steve’s production was incorporated into a written report supporting the adoption of Resolution 112 by the American Bar Association House of Delegates, urging courts and lawyers to address emerging ethical and legal issues related to the usage of AI in the practice of law.
    • “Superhero Ethics” (2017) – The 2017 movie written, directed and produced by Steve debuted on December 12, 2017 at the Squire Patton Boggs professional conduct program in Cleveland and addresses ethical and professionalism issues in a superhero setting. The movie explores the ethics of litigation financing for large organizations, the sending and receiving of emails containing metadata, surreptitious recordings made by lawyers, the scope of the advocate-witness rule and the reach of the ethics rules even when lawyers are not acting as lawyers, including First Amendment implications. Steve’s superhero movie features Hollywood-style special effects and showcases the acting talents of firm lawyers and personnel.
    • “Rock ‘N’ Roll Ethics” (2016) – This 2016 video production written, directed and produced by Steve explores professional conduct issues in a rock ‘n’ roll setting. Steve’s 82-minute blockbuster movie was shot on location at the Rock & Roll Hall of Fame and Cleveland House of Blues. It showcases the acting talents of Squire Patton Boggs lawyers and personnel while spotlighting music from legendary rock ‘n’ roll artists. Professional conduct topics include corporate investigations in the context of company data breaches, corporate Miranda warnings, ethical duties when representing organizations and joint clients, and dealing with unprofessional conduct by opposing counsel, Rock ‘N’ Roll Ethics attracted a record audience when it debuted at the firm’s annual professional conduct program in Cleveland.
    • “Rise of the Lawyer Cyborgs” (2015) – This 2015 sci-fi thriller, which was written, directed and produced by Steve, explores how life for lawyers, and humans in general, promises to change dramatically in the future with the rise of cybernetic technology and artificial intelligence. Steve’s 2015 production contains extensive special effects and was filmed at the Global Center for Health Innovation in Downtown Cleveland The movie explores various professional conduct themes in the cyborg age, and analyzes a myriad of ethical topics, including restrictive covenants for attorneys, the SEC whistleblower bounty program for lawyers, the former-client conflict rule, imputation of conflicts of interest and pitfalls for attorneys concerning e-discovery and electronic production matters. Steve's 2015 movie clocks in at 99 minutes and debuted at the Squire Patton Boggs Annual Professional Conduct Program in Columbus and Cleveland and was broadcast via telecast to Cincinnati and New York.
    • “Legal Reality Rules” (2014) – Steve’s video production for 2014 is about a mock reality TV show that focuses on the daily interactions (and interpersonal conflicts) of several headstrong lawyers in the legal department of an Ohio company. It debuted in December 2014 to large audiences at the firm's annual ethics and professionalism program in Columbus and Cleveland, and via live broadcast in Cincinnati and Virginia. Steve’s video raises a series of ethical issues that will resonate with in-house counsel, including, among others, the contours of the anti-contact rule embodied in Rule 4.2, conflicting ethical duties that may arise in joint representation of clients, and the complicated interplay between the ethics rules and Title VII of the Civil Rights Act of 1964. “Legal Reality Rules” was written, directed and produced exclusively by Steve. It clocks in at 90 minutes and features over 70 actors drawn from the firm’s offices in Cleveland, Columbus, Cincinnati, and the District of Columbia. The video also features a few special guests, including a well-known sports celebrity.
    • “Tales of the Ethics Wizard” (2013) – Featuring more than 40 actors and shot in multiple locations in Cleveland and Columbus, Steve’s 2013 video blockbuster revolves around a fictional company called CellMed that manufactures an innovative new product called the “hPod,” a small modular chip worn as a bracelet that continually transmits health information via a Bluetooth signal to an individual’s smartphone, which in turn securely transmits the health information to the individual’s medical provider for constant monitoring. Steve’s entertaining video is filled with special effects and explores the various ethical and professionalism dilemmas confronting CellMed’s general counsel arising out of the marketing and sale of the hPod. Steve’s video received rave reviews when it debuted at the firm’s annual ethics and professionalism program in 2013.
    • “The Move – An Inside Look at One of the Most Celebrated Cases in Cleveland Legal History” (2013) – In 2013, Steve also produced “The Move,” an insider account of one of the most celebrated cases in Cleveland legal history. The video is narrated by Squire Patton Boggs lawyer Fred Nance, who, as the lead lawyer for the City of Cleveland, successfully led the charge to save the Cleveland Browns after former owner Art Modell made his fateful announcement that he was moving the storied Browns franchise to Baltimore. This is the story about one of the most celebrated legal cases in Cleveland history.
    • “A Tale Of Two Summers” (2012) – This lively and entertaining video directed and produced by Steve in 2012 follows the summertime adventures of two law students as they embark on a quest to land the legal job of their dreams. The video explores the tension between conflicts and confidentiality in hiring, as well as the importance of professionalism in recruiting and hiring. The video, which debuted at the firm’s annual ethics and professionalism program, was shot in more than 15 locations in Ohio and features more than 40 firm lawyers.
    • “Clash of the Ethical Titans” (2011) – Written, directed and produced by Steve, this video explores a lawyer’s duty of confidentiality and disclosure as well as the ethical limits imposed by the anti-contact rule embodied in the rules of professional conduct.
    • “The Treacherous Path Counsel Must Tread” (2010) – Steve’s 2010 production explores the ethical aspects of quasi-Miranda warnings for corporations, governmental bodies and other organizations.

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