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Name and title: Paul A. McGinley, general counsel and assistant secretary Age: 55 In the big leagues: With a little help from Pete Rose, Rodale Inc. has proven that a small-town publisher can still compete in the big leagues. In January, Emmaus, Pa.-based Rodale published Pete Rose: My Prison Without Bars, the oddly unrepentant confessional memoir of the former player and manager of the Cincinnati Reds who was banned from baseball in 1989 for gambling. In a recent phone interview from his law firm office in Allentown, Pa., General Counsel Paul A. McGinley proudly noted that Rose’s book immediately topped the New York Times nonfiction best-seller list. At the same time, another Rodale book, South Beach Diet, was No. 1 on the Times self-help best-seller list. Since company founder J.I. Rodale began publishing Organic Farming and Gardening magazine in 1942, Rodale has grown into a major magazine and book publishing empire. The company publishes nine outdoor and health-oriented periodicals, including Organic Gardening, Organic Style, Prevention, Men’s Health, Runner’s World, Backpacker, Bicycling, Mountain Bike and Scuba Diving. Rodale also publishes about 100 book titles annually and maintains a backlist of more than 500 titles. The privately held company does not publicize its finances, but its annual revenues are reportedly in the $500 million range. The company has about 700 employees worldwide, with offices in Emmaus; New York; Savannah, Ga.; Chicago; Detroit; San Francisco; and London. In-house counsel, outside firm: Rodale’s general counsel is also a partner in the company’s main outside firm, Gross, McGinley, LaBarre & Eaton of Allentown. McGinley’s firm handles most of Rodale’s legal work, including litigation. The company hires other firms, such as the Washington intellectual property firm of Sughrue Mion, on an as-needed basis. McGinley believes that this dual role is advantageous for both his company and his firm. Rodale is a major client for Gross McGinley, he said, and gets “high- quality work and first-tier attention” from the firm. “Everyone in the firm knows they have to produce the best possible product on a cost-efficient basis for this particular client,” he explained. As a partner, McGinley knows the “specific skills and time constraints” of the 18 attorneys in his firm, allowing him to pick the right lawyer for all of Rodale’s matters, he said. According to McGinley, the arrangement is also a bargain for Rodale, since his firm’s fees are “roughly half” the going rate of Philadelphia or New York lawyers. The company also avoids the overhead of a larger law department, he said, employing only one other in-house lawyer, Andrew Gelman, who focuses on negotiating book contracts. Litigation: Rodale has relatively little litigation compared to similarly sized companies, McGinley said. McGinley’s firm conducts prepublication libel reviews on controversial nonfiction books, such as the Pete Rose memoirs. The company recently prevailed in a breach of contract suit filed by Ware Communications Inc. in federal court in Philadelphia. The complaint alleged that Rodale reneged on a deal with Ware to publish Heart & Soul, a health magazine aimed at African-American women. Rodale countered that it lawfully terminated the agreement after Ware failed to meet projected advertising sales. In January 2002, U.S. District Judge Herbert J. Hutton barred Ware from presenting its damages claim, thus effectively dismissing the case, after the plaintiff’s lawyer repeatedly ignored discovery demands and failed to present a damages calculation until the eve of trial. The 3d U.S. Circuit Court of Appeals unanimously upheld Hutton’s ruling in March 2003. McGinley said the case sends the message that a blatant disregard of discovery deadlines can have severe consequences, up to and including dismissal. Deep-linking: In May 2002, Gross McGinley associate Allan Tullar sent a cease-and-desist letter to the owners of LetsRun.com, an amateur runners’ Web site, demanding the deletion of a hyperlink to the online version of Runner’s World. LetsRun.com used the common practice of “deep-linking,” which allows users to click directly to a desired page of another Web site, rather than entering through the site’s home page. LetsRun.com deep-linked to a “printer friendly” version of an article, which was stripped of the site’s usual advertising and promotional graphics. The letter had its desired effect, but not before causing a stir among Net heads and copyright experts. They pointed out that deep-linking is a pervasive practice in e-mails, Web sites and Internet search engines such as Google and Yahoo! McGinley said the company was on firm legal ground. “We’re happy to have them go to the meat of the magazine, but they had found a way to go to a page that had nothing on it except the article,” he said. “Certainly we want people to see the content . . . but we’d like them to experience the entire Web site. It’s our intellectual property, and we should have the right to control how people get there.” Allentown attorney: The Allentown native is the son of trial attorney Paul McGinley, now deceased, who was Lehigh County’s district attorney from 1955 to 1959. McGinley graduated from Princeton University in 1970 with a degree in politics. He received a 1974 J.D. from the Georgetown University Law Center, where he met his first wife, Carol. They moved to Allentown, where Paul hung out a solo shingle. In 1976, he and his wife established a law partnership with Malcolm Gross, whose father and grandfather had been mayors of Allentown. Carol McGinley left the firm in 1985 after she was elected judge in the Lehigh County Court of Common Pleas, where she still serves. The McGinleys divorced in 1991. McGinley began representing Rodale in the early 1980s. He became the “de facto general counsel” to the then-lawyerless company, he said, and was formally appointed to that post in 2000. Family: McGinley has three children from his first marriage: Paige, 27, a graduate student at Brown University; Laura, 25, who works for a Manhattan publisher; and Paul, 22, a junior at Dickinson University. His wife, Deborah, is a graduate student in African-American women’s studies at Lehigh University. Her son, Jonathan, 22, is a student at Lehigh County Community College. Last book and movie: Under the Banner of Heaven: The Story of Violent Faith, by Jon Krakauer, and Something’s Gotta Give.

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