Bar April 08 Notes A

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NEW Y ORK CITY BA R Forty-Fourth Street Notes

Highlights: April 2008 CITY BAR WORKS TO IMPROVE

Legal Referral Service: TREATMENT OF PRISONERS Working in the Public’s By Barry Kamins, President Interest, Page 2 he Russian novelist, Dostoevsky noted that a might imagine, this situa- Bi-Annual Criminal Justice society can be judged by the manner in which tion produces anxiety and Retreat – A Summit on the Prosecution Function: Tit treats its prisoners. The City Bar uncertainty. To address this April 12, Page 4 Association has always been guided by that principle problem, last year I met and has taken steps to protect and improve the with Judge Juanita Bing New York Environmental rights of prisoners within the city’s jails. Newton, Administrative Law: Year in Review 2008: Last year I participated in a project that will assist Judge of the New York April 14, Page 4 the thousands upon thousands of individuals who Criminal Court and repre- are taken into custody each year, arrested and placed sentatives of the Depart- The Mortimer H. Hess in holding cells until they are arraigned before a ment of Correction. As a Memorial Lecture – Criminal Court judge. Custodial arrests are made in result of a series of meet- Current Developments in cases ranging from minor offenses that result in a ings, and a high level of cooperation from all the par- Transfer Taxation: summons to violent felonies. Individuals may be ties involved, the Office of Court Administration has April 23, Page 6 detained for as many as twenty-four hours (and produced a video recording that will be shown to sometimes longer) with no opportunity to speak to individuals who are being detained in city jails await- Herman Goldman Lecture – family or friends and limited access to counsel. ing arraignment. Prospects, Policy and Politics The video, produced in both English and Spanish, of Federal Tax Reform Many of these individuals have been arrested for the depicts the pre-arraignment process as well as the in 2008-2009: first time and have no sense of what to expect dur- April 28, Page 7 ing this detention and arraignment process. As one arraignment itself, and explains the paperwork that CONTINUED ON PAGE 2 Committee Reports – April 2008, Page 8 AROUND THE WORLD WITH Reaching Out to CITY BAR MEMBERS Immigrants in Their Communities, Page 11 lizabeth Barad wants to change the definition states, "They are very, very strong!" However, she of rape in Rwanda. Last summer, she attend- says, "The attitude of women as chattel prevails in CLE: Federal Sentencing Eed the first-ever conference on gender-based the provinces. It is really a matter of changing atti- in the Age of Booker: violence in Rwanda at the invitation of the tudes." Barad explains how women do everything in April 3, Page 13 Rwandan Federation of Women Parliamentarians Rwanda, from caring for children, to tending to (FFRP) as a delegate of the City Bar’s African Affairs crops, to managing the household, many also run- CLE: Ethics, Discipline Committee. ning small businesses. & Real World Obligations: April 17, Page 14 "In Rwanda, rape is defined only as non-consensual Barad has practiced law since she passed the bar at sexual intercourse between a man and a woman," age twenty-one and was one of three women in her CLE: The Fifth Annual Barad says. Barad emphasizes that this definition class at New York University School of Law. Barad Institute on Tax Aspects of does not even begin to cover the violence that the says she ended up in law because of her mother, the Mergers & Acquisitions: women of Rwanda endured during the one-hun- first woman Assistant District Attorney in April 23, 24, & 25, Page 20 dred-day genocide of 1994. "An estimated 250,000 Philadelphia. However, Barad says the trick is to take to 500,000 women were raped in three months dur- the law and combine it with something you care ing the genocide, some with bottles, gun barrels and about. An avid writer, she was able to combine the Inaugural Judge sticks" says Barad. She adds, "That is, at a mini- law with journalism as well as women’s rights work. George Bundy Smith mum, 2,500 a day." Barad plans to continue her overseas work this sum- Lecture – Speaker: Professor Today, while the genocide lies in Rwanda’s past and mer with a trip to Rwanda. According to Barad, the Charles J. Ogletree, Jr. the Constitution mandates that women comprise work she does to aid women is, "The most reward- April 21, Page 6 30% of decision-making bodies, discriminatory ing, the most interesting, and the most productive attitudes towards women still prevail in many areas. "There are fabulous women in Rwanda!" Barad CONTINUED ON PAGE 10 Vol. 23, No. 4

A publication of The Association of the Bar of the City of New York 1 126650 April 08 Notes 3/19/08 11:40 AM Page 2

CITY BAR WORKS TO IMPROVE TREATMENT OF PRISONERS... Board conducted hearings to solicit comments about the CONTINUED FROM PAGE 1 proposed revisions to the Minimum Standards for New must be prepared before an individual is brought into the York City correctional facilities, which would have imposed courtroom. It explains the fingerprint process, the interview a number of harsh new conditions. These minimum stan- Contents of detainees by representatives of the Criminal Justice dards had last been changed thirty years ago and the Board Agency, and the process through which charges are drawn by was considering a series of amendments that would affect City Bar Works to Improve the prosecutor. The video then explains the role an attorney the lives of inmates on a daily basis. Treatment of Prisoners 1 will play both prior to and during the arraignment and the While the City Bar Association urged the Board to reject assignment of counsel by the court. The screen also depicts nearly all of the proposed revisions, my testimony focused on Around the World with individuals playing the role of a judge, prosecutor, and the process by which the Board had created its proposals. We City Bar Members 1 defense counsel in the courtroom. The video briefly explains noted that the revisions appeared to have been written with plea bargaining and what steps will follow the arraignment little or no input from entities other than the Department of Legal Referral Service: Working in the event there is no final disposition of the case. Finally, Correction and the Board itself. In addition, the substance of in the Public’s Interest 2 the video explains important issues relating to medical treat- the proposed changes were never discussed, debated nor ment of detainees and issues relating to suicide prevention. April in City Bar History 3 revealed to anyone other than the Department, despite The video could not have been produced without the coop- requests by various organizations and community stakehold- Events Calendar 4-7 eration of Correction Commissioner Martin Horn and ers. Thus, we noted, the process ran counter to the principles Deputy Warden Andrew Pereiro, Warden Kathleen Mulvey of open government. Following the conclusion of the hear- Committee Reports – and Deputy Warden George Okada from the Department of ing, we submitted detailed objections to the proposed revi- April 2008 8 Correction. In addition, the Office of Court Administration sions. Six months later, the Board voted to approve most of provided resources through the office of Michael Colodner the changes under consideration. However, the Board reject- CLE Spotlight: Giants of the and its video production unit. Finally, members of the ed a proposal that would have reduced the average space Trial Bar – Handling the defense bar and prosecutors’ offices were consulted with footage allotted to each inmate in the city’s jails. High Profile Case 9 regard to the accuracy of information supplied during the The City Bar will continue to play an active role in the rights video presentation. Reaching Out to Immigrants of prisoners and the improvement of conditions in our in Their Communities 11 On a related topic, I testified before the New York City city’s jails. We believe that those who enter our jails must be Board of Correction which serves as a watchdog over the afforded basic human rights and that these rights do not City Bar Center for CLE 12-22 New York City Department of Correction. Last year the evaporate once the prison doors are closed. Professional Development: The Three “Fs” of Mentoring 24 LEGAL REFERRAL SERVICE: WORKING IN THE PUBLIC’S INTEREST

With so many lawyers practicing in New York City today, the task The LRS Service is not only a haven for some potential plaintiffs; of finding one that is a good fit can be daunting. The NYC Bar’s defendants often seek help from LRS as well. Kevin J. Brennan of Legal Referral Service (LRS), a program that offers experienced the law firm Dwyer & Brennan once guided an uninsured tort lawyer referrals to the public, simplifies the process of obtaining defendant in a pro se defense to a summary judgment. "The attorney consultations that could lead to legal representation. client owned a house in Brooklyn, but did not have liability Thousands of individuals, families, and businesses have been insurance. She was sued for a trip and fall on her sidewalk with helped since the LRS was established over 60 years ago. allegations of special use," said Brennan, a member of the Referral Service’s Tort/Negligence specialty panel. "The woman Many calls to LRS come from those who have made unsuccess- Forty-Fourth Street Notes could not afford a lawyer without selling the house. I offered to ful attempts at retaining an attorney, despite having important help her with a pro se defense and guided her through pleadings, legal issues to resolve. For example, after being turned away by discovery, court appearances, and a successful motion for sum- Jayne Bigelsen Editor several lawyers, a group of dining cruise waiters turned to the mary judgment. That motion was strongly contested by the Referral Service for assistance. Two LRS panel members and Oroma Mpi Associate Editor plaintiff and by co-defendant NewYork City." employment lawyers, Steven M. Sack and Scott A. Lucas, accept- Curtis&Company Graphic Design ed their case. The waiters alleged that their employer, World LRS has nearly 30 major specialty panels, and several subcate- Adele Lemlek Yacht, Inc., illegally kept the automatic gratuity charges it col- gories within each panel. Attorney Angela Scarlato of Angela Marketing Director lected from guests. The case, Samiento v. World Yacht, was Scarlato & Associates has been an active member of the Family Emily Donaldson appealed from the State Supreme Court to the Appellate Law panel for almost two decades. Division and again to the Court of Appeals. On February 14th Production Coordinator "I took on a case involving a client who suffered from manic of this year, New York State’s highest court reinstated the com- depression. He was a photographer by profession and had, dur- Alison Fidler Advertising plaint brought by the 14 waiters. (212) 382-6753 ing a manic stage, gone off to Australia to travel and work," "This is a case about the difference between right and wrong. It Scarlato said. "Upon his return and recovery, he found that his Barbara Berger Opotowsky Executive Director is simply wrong for a restaurant or banquet operator to add a wife obtained a divorce and had the marital residence, a 20% service charge if it has no intention of distributing it to the Manhattan townhouse, transferred to her name solely, along Printed on recycled paper wait staff," attorney Scott Lucas said. "In my practice, I represent with all their assets. The husband had no place to live and little Forty-Fourth Street Notes (ISSN 10791019) is those individuals who don’t get their fair share, such as in this money. Our firm was successful in having the divorce set aside published monthly except July and August for case—where compensation that waiters should have received and obtaining for him his rightful share of the marital estate." $25 per year by The Association of the Bar of was allegedly withheld by their employer," added attorney Steven the City of New York, 42 West 44th Street, New "The Legal Referral Service is a service we offer to the public, York NY 10036-6689. Periodicals postage paid Sack, who has worked with the LRS since 1984. at New York NY. Postmaster: Send address and as such, we take the attorney application process very seri- changes to 44th Street Notes, 42 West 44th In a 6-0 decision (with Chief Judge Kaye taking no part), the ously," said Allen J. Charne, the program’s Executive Director. Street, New York NY 10036-6689. For sub- Court of Appeals ruled that the waiters had a viable cause of "We don’t automatically accept every lawyer who applies to scription information, please call (212) 382- action against World Yacht for violating Labor Law § 196-d, become a member of one of our panels—even those who have 6695. which prohibits employers from retaining "any part of a gratu- been admitted to practice for many years. When we confident- NYC Bar Members: ity" or "any charge purported to be a gratuity for an employee." ly recommend lawyers to the public, it makes it more likely that To change your address, please contact The Court held "the statutory language of Labor Law § 196-d those lawyers will be retained." (212) 382-6665 or [email protected] can include mandatory charges when it is shown that employ- Lawyers interested in becoming an LRS panel member can Main phone number: (212) 382-6600 ers represented or allowed its customers to believe that the download an application online at www.nycbar.org. For addi- charges were in fact gratuities for its employees." The case is www.nycbar.org tional information, please contact Allen Charne at being remanded to the Manhattan Supreme Court for trial. [email protected] or (212) 382-6775. 2 www.nycbar.org

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April in City Bar History Brought to you by the Legal History Committee

our Years Ago . . . On April 12, 2004, The Association of the Bar of the City of New York, joined by the New York Council of F Defense Lawyers and the American Jewish Committee, filed a 37-page amicus brief with the U.S. Supreme Court in Rumsfeld v. Padilla, 542 U.S. 426 (2004), a United States Supreme Court case in which José Padilla sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detainment as an "unlawful combatant." The principal issue before the Court was whether the Congressional authorization for use of military force post September 11, 2001 gave to the President the powers to militarily detain a United States citizen by classifying the detainee as an "enemy combatant". Otherwise, the President would run afoul of the Non- Detention Act which provides that "No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress." The Association argued that Padilla had substantive and procedural due process rights, which he should have been allowed to pursue with the assistance of counsel, and that an examination of the rights and interests asserted in this case by both sides support- NeNew_w_ad_5x3x3_1.1.qxpxp 3/10/2008 4:2:22 PM Page 1 ed the holding of the Second Circuit Court of Appeals that the President had exceeded his authority in this case. "While it fully understands the importance of preventing future acts of terrorism," the Association expressed its belief "that the President’s actions in this and similar cases are dan- WHAT'S AT THE CITY BAR gerously eroding civil liberties and the efficacy" of NEW the right to petition for freedom through the Writ of Habeas Corpus. Ask the Experts: Professional Environmental Despite the efforts of the Association, the Supreme Have a career question Court did not decide the issue presented. Instead, the Development Law Podcasts: and no one to ask? Court held that the habeas corpus petition had been Discussion Forum: Check out Podcasts from our improperly filed. It ruled that because Padilla was Submit a question online Environmental Law being held in a brig (military prison) in South to our Committee on Gain valuable career guid- Committee. New titles Carolina, the petition should have been filed in the Career Advancement and ance from other attorneys, United States District Court for the District of South include Controlling Carbon Management or read past consultants, Aansd kprof tessihoen- EEmixspsiones rThtrsoug: h Cap and Carolina and should have named the commander of al development experts, and the brig and not the Secretary of Defense as the Q&A's. Visit the Career Trade or Tax Programs and respondent. The Court reversed the decision of the Development page at share your own insights, Climate Change Series Kick- 24/7. Visit the Career United States Court of Appeals for the Second www.nycbar.org and click Off Interview with Circuit and remanded the case for dismissal without Development page at on Ask the Experts. Michael Gerrard among prejudice. www.nycbar.org and click others. Visit the Committees However, later, in Hamdi v. Rumsfeld, 542 U.S. 507 on Discussion Forum. page at www.nycbar.org. (2004), argued on April 28, 2004, and decided on ? June 28, 2004, eight of the nine justices of the Court agreed that the executive branch does not have the power to hold indefinitely a U.S. citizen without basic due process protections enforceable through judicial review.

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NEW Y ORK APRIL 2008 CALENDAR CITY BA R Unless otherwise noted, programs are free of charge; open to all members, their guests and the general public; and held at the House of the Association. Program information subject to change. Please check our website at www.nycbar.org for the latest program information.

4 Friday, 6 pm and promote public confidence in our CYRUS R. VANCE,JR. from the perspective of law firm man- criminal justice system? Where do solutions Morvillo, Abramowitz, Grand, Iason, agement as well as senior attorneys. The FRIDAY EVENING CHAMBER MUSIC lie, and what costs would accompany them? Anello & Bohrer panel also will discuss what, if any, roles AT THE ASSOCIATION firms should play in supporting pro Panel II: Beyond the U.S. Attorney Scandal: The fee, which includes lunch, is $70. $30 for bono projects of senior attorneys. “MUSIC FOR CLASSICAL Politics and Prosecutorial Independence public interest and government. Members of GUITAR (AND OTHERS)” How does one draw the line between demo- the judiciary are invited as the Council's Moderator: cratic accountability and prosecutorial inde- guest. Please register online at JOAN G. WEXLER pendence? What does it mean for a prose- www.nycbar.org. Please direct any inquiries Joseph Crea Dean and Professor of Works by G.F. Handel, Mozart, Schubert, cutor's office to become "politicized"? Is that to Rebecca Nelson at (212)382-6660. Law, Brooklyn Law School Villa-Lobos, Erik Satie, Scott Joplin, always a bad thing? What role should leg- Manuel Valls, Antonio Lauro, Francesco islative oversight play in patrolling that line? 14 Monday, 8am – 10am Speakers: Tarrega and Rafael Landestoy MARK H. ALCOTT Discuss these issues with distinguished Paul, Weiss, Rifkind, Wharton & Elizabeth Coleman, Laurence Gagler and NEW YORK panels that will explore these and other ENVIRONMENTAL LAW: Garrison LLP; Immediate Past Patrick Nolan, guitar; Arlene Burrell and questions inspired, in part, by the recent President, New York State Bar Andrea Berger, flute; Sharon Cucinotta, U.S. Attorney firings. YEAR IN REVIEW 2008 Association soprano. Keynote Address/Speaker: Back by popular demand, this annual JAMES D. COTTERMAN Admission is $13. For more information, HON. SHELDON WHITEHOUSE review highlighting the year’s most sig- Altman Weil, Inc. please call (212) 788-1093. United States Senator, Rhode Island; nificant New York judicial, regulatory, Former Attorney General and United and administrative developments by JAMES E. JOHNSON 9 Wednesday, 6 pm Cocktails; States Attorney for Rhode Island leading practitioners and professors of Debevoise & Plimpton LLP 7:30 pm Dinner environmental law. Panelists will cover Moderators: current Albany developments, new BETTINA B. PLEVAN CITY BAR JUSTICE CENTER DANIEL C. RICHMAN developments under the State Proskauer Rose LLP; Immediate Past ANNUAL GALA Professor, Columbia Law School Environmental Quality Review Act, President, New York City Bar events at DEC, and other major environ- Association The City Bar Justice Center’s Annual Gala ELLEN YAROSHEFSKY mental decisions. Light refreshments will will honor Davis Polk & Wardwell and Professor, Benjamin N. Cardozo be served at 8am; speaking will begin JOHN WING CitiGroup Inc. for their leadership and ded- School of Law promptly at 8:30 am. Lankler Siffert & Wohl LLP ication to public service. Chet W. Gerdts of PricewaterhouseCoopers LLP and Brad S. Speakers: Speakers: Co-sponsored by: Karp of Paul Weiss Rifkind, Wharton & PREET BHARARA SCOTT N. FEIN Public Service Committee of the Garrison LLP are co-chairs of the event. Chief Counsel to Senator Charles E. Whiteman Osterman & Hanna Federal Bar Council Schumer, Senate Judiciary Committee See page 11 for Gala advertisement. MICHAEL B. GERRARD Please register online at www.nycbar.org HON. DANIEL M. DONOVAN Arnold & Porter For more information and to reserve tickets, District Attorney, Richmond County 16 Wednesday, 6-9 pm please contact our Gala Office at 212-249- PHILIP WEINBERG 6188 or [email protected] HON. JOHN MCKAY St. John’s University School of Law FUR: REAL OR FAUX? Former United States Attorney, Western HOW IS A CONSUMER TO 12 Saturday, 9 am – 2 pm District of Washington DAVE SAMPSON Bureau of Energy, Climate Change and KNOW? BI-ANNUAL CRIMINAL HON. DENISE O’DONNELL Permitting, Office of General Counsel, New York State Commissioner of Criminal DEC In December 2007, less than a month JUSTICE RETREAT — Justice Services; former United States after the effective date of the New York A SUMMIT ON THE Attorney, Western District of New York Co-sponsored by: Environmental Law State fur-labeling law, at least six major PROSECUTION FUNCTION Institute New York retailers were caught selling WILLIAM K. RASHBAUM garments containing real animal fur To reserve, e-mail [email protected] by which were advertised or labeled as Join practitioners, prosecutors, professors, Reporter, The New York Times Apr. 9th. "faux fur." and politicians in discussing topics of pros- CAPTAIN CHRISTIAN L. REISMEIER ecutorial responsibility and independence Judge Advocate General’s Corps, United 14 Monday, 6 pm This program will examine the current straight from today's headlines. Two panels and pending New York State law and of experts will examine these issues in a States Navy, Office of the Judge Advocate General THE WISDOM OF proposed Federal fur-labeling legisla- roundtable format with opportunity for tion. A panel of experts will discuss audience participation. Highlights of the MANDATORY HON. ERIC T. SCHNEIDERMAN how the law and the fashion industry proceedings to be published in the Record. New York State Senator RETIREMENT OR have dealt with the issue of mislabel- ing and the impact of faux fur on Panel I: Seeking Justice: Making Sense of DECOMPRESSION OF HON. LESLIE CROCKER SNYDER fashion and anti-fur advocacy. the Special Responsibility of the Prosecutor SENIOR ATTORNEYS/THE Retired Justice, New York Supreme Court; Wrongful convictions, Brady violations and PRO BONO ALTERNATIVE Moderators: newly discovered evidence are very much Attorney, Kasowitz, Benson, Torres & Friedman DEBORA M. BRESCH in the news. What steps can prosecutors A panel discussion probing the policy of Legislative Liaison, Eastern Region, and others take to address these concerns mandatory retirement or decompression, ASPCA 4 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 5

CHRISTINE L. MOTT, J.D. tration, how to pursue your case, for members; $35 for non-members. white versus black, Gown versus Cahill Gordon & Reindel, LLP and ways to encourage client pay- Please register on page 7 or online at Town and the fuse to light this ment. www.nycbar.org explosive mixture–a gang rape of a Speakers: black woman by three, white, Duke Moderator: PIERRE GRZYBOWSKI 17 Thursday, 7 - 9 pm lacrosse team players in March 2006. MARK A. JOSEPHSON, Grassroots Coordinator, Fur-Free Campaign, HSUS Throw in a white District Attorney CPA, CFP,CFE seeking election on a justice-for-the- Murray & Josephson, CPAs, LLC UNTIL PROVEN BONNIE ROBSON INNOCENT: POLITICAL black-rape-victim platform in a Deputy General Counsel--Litigation, PETA Speaker: majority black community in May MARTIN L. FEINBERG CORRECTNESS AND THE 2006 and the bomb is detonated. LINDA B. ROSENTHAL Former Chair, Joint Committee on SHAMEFUL INJUSTICES There was, however, one, rather large New York State Assembly Member; Co-sponsor of Fee Disputes and Conciliation OF THE DUKE LACROSSE problem–the gang rape never NYS fur-labeling law occurred. Not wanting to let that RAPE CASE BY STUART Sponsored by Lexis/Nexis [insert very obvious fact derail this morality JACLYN SHARP logo] TAYLOR AND K. C. tale, a cause celebre is born. The Founder/CEO, Imposter (an Animal Friendly JOHNSON perfect cable news story had arrived Lifestyle Brand) to fill the media’s inexorable need for Registration by April 14 is necessary. It had all the elements of a modern a salacious saga. Co-authors Stuart DANIELLE WARREN The fee, which includes lunch, is $25 day morality tale: "rich" versus poor, Taylor and KC Johnson painstakingly Fashion/Textile Designer; Professor, Parsons School of Design

Please register online at www.nycbar.org.

17 Thursday, 8:30-10 am

PROFESSIONAL DEVELOPMENT i’m ready to WORKSHOP SERIES find a firm ADVOCATE FOR YOUR SUCCESS Workshop IV – In the Conference Room and the where I’m not just Courtroom: Communication Skills in Legal Practice another associate. It is imperative for attorneys to communicate clearly and effectively. Whether an associate is conducting a one-on-one or team meeting, participating in a conference with clients, or arguing a case, the ability to deliver information with poise and command is vital for instilling confidence and establishing oneself as a skilled attorney. This program will teach methods of communication that will enable attorneys to advocate and lead meetings with authority.

Participants will learn to: I Connect with legal team members, clients, and those in the courtroom, and retain their attention I Present to instill client confidence I Enhance persuasion and advocacy skills I Use body language, facial expressions, and vocal tones to be most effective I Demonstrate competence and authority in impromptu situations Speaker: BECCA DIAZ-BONILLA, J.D. Consultant Please register online at www.nycbar.org

17 Thursday, 12:30 – 2 pm

SMALL LAW FIRM LUNCHEON THAT’S WHAT WE DO, EVERY DAY.® As the leading provider of legal staffing FEE DISPUTE ARBITRATION services nationwide, Special Counsel can connect you with opportunities (212) 218-7155 PROCESS AND HOW TO that match your skills, experience, and career goals. America’s most (800) 73 7-3436 ENCOURAGE CLIENT PAYMENT respected law firms look to us for talent searches. Whether your expertise specialcounsel.com is general or specific to a practice area, whether you are contemplating YOUR CLIENT REFUSES TO PAY, a lateral move or looking to move in-house, we can help. Call us today. NOW WHAT? New York State's attorney-client fee dispute resolu- tion program requires that clients have the option to arbitrate many attorney-client fee disputes. This pro- ©2008 Special Counsel, Inc. All rights reserved. A Member of the MPS Group gram will explore what is involved in fee dispute arbi- www.nycbar.org 5 126650 April 08 Notes 3/19/08 11:40 AM Page 6

detail this sorry tale of fraud, political cor- 21 Monday, 7 pm; Reception will follow serve on panels eligible for such GARY S. VILLANUEVA rectness, and prosecutorial misconduct appointments. Lawyers selected to Member, Criminal Justice Act Panel for and they don’t hesitate to offer their opin- INAUGURAL JUDGE serve on a CJA panel regularly represent the Eastern District of New York ions as to why this story took off as it did. GEORGE BUNDY SMITH LECTURE indigent defendants during pre-trial They critically examine all facets of the proceedings, trial, sentencing and on Please register online at www.nycbar.org case, including the media coverage and the CELEBRATING THE appeal in matters involving alleged nar- Duke faculty’s and administration’s rush to JURISPRUDENCE OF cotics trafficking, violent crimes, immi- 22 Tuesday, 6:30 pm judgment and condemnation of its own gration offenses and fraud. students. Fast-forwarding to the epilogue, GEORGE BUNDY SMITH: TALENT NIGHT ON THE the District Attorney is disbarred, called a WHY DISSENTS MATTER The panel will include current mem- CITY BAR STAGE "rogue prosecutor" by the North Carolina bers of the CJA panels for the Eastern Attorney General, and sentenced to jail for and Southern Districts of New York, Speaker: Featuring cast members from the recent his role in this case. Further, the Attorney who will discuss the process for getting PROFESSOR Twelfth Night Production, and other tal- General declares the three lacrosse players appointed and the qualifications and CHARLES J. OGLETREE, JR. ented members of the Bench and Bar! "innocent of all charges." The District experience that candidates should have Harvard Law School Jesse Climenko Please let us know if you would like to Attorney who sought election for a full prior to applying for a CJA panel Professor of Law and Vice Dean for the participate, and, if so, what you plan to term to bolster his pension declared bank- appointment. A question and answer Clinical Programs sing, or, if you are not singing, what you ruptcy in January 2008. A morality tale, session will be conducted at the end of plan to do? If you are singing, keep in indeed. the panel discussion. Please register online at www.nycbar.org. mind it's one song per performer. Speakers: Moderator: 22 Tuesday, 6-8 pm For more information, please contact STUART TAYLOR, JR. EDGARDO RAMOS Peter Dizozza, Committee Chair/Piano Correspondent and Columnist, National Day Pitney LLP; former Assistant GETTING APPOINTED TO A Accompanist at (917) 915-7635 or dizoz- Journal; Former New York Times Supreme United States Attorney, Eastern District [email protected] Court Reporter CRIMINAL JUSTICE ACT of New York PANEL FOR THE SOUTHERN 23 Wednesday, 6 pm KC JOHNSON AND EASTERN DISTRICTS Speakers: Professor of History, Brooklyn College and ANTHONY RICCO THE MORTIMER H. HESS the CUNY Graduate Center; 2007-8 OF NEW YORK Member, Board of Directors, Federal MEMORIAL LECTURE Fulbright Distinguished Chair for the Defenders of the Eastern and Southern Humanities, Tel Aviv University The Criminal Justice Act ("CJA") establish- Districts of New York; President, New es a comprehensive system for appointing York Criminal Bar Association CURRENT DEVELOPMENTS LISA FRIEL publicly financed lawyers to represent IN TRANSFER TAXATION Chief, Sex Crimes Unit, New York County defendants financially unable to retain ERIKA McDANIEL EDWARDS District Attorney counsel in federal criminal proceedings. Donaldson, Chilliest & McDaniel LLP This annual lecture is made possible by Pursuant to the CJA, each of the nation's the bequest of the late Mortimer H. Hess, 94 federal judicial districts has established a former senior partner of Hess, Segall, a process for selecting private attorneys to Popkin & Guterman, revered in the pro-

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fession for his incisive mind and broad that he believes will result in tax reform CHRISTOPHER LYON 1997 to 2006 the Department arrested knowledge of taxes, trusts and estates. regardless of who heads the next adminis- Executive Editor, Prestel Publishing 362,000 people for possessing mari- Mr. Hess was devoted to the training of tration. Next he will discuss his opinion juana, in 2006 alone it arrested 33,000 young lawyers and, thus, each year, this that reform by necessity will require WILLIAM PATRY people for marijuana possession. The memorial lecture features a scholarly review of basic policy decisions that have Senior Copyright Counsel, Google, Inc. Department also commonly holds discussion of issues relevant to the been paid lip service in the past, such as marijuana possession arrestees in practice of trusts and estates, in the whether the reform effort would be in the HON. RICHARD POSNER detention for up to 24 hours pending hopes of expanding the knowledge of context of our current income tax system United States Court of Appeals for the arraignment. Published research practitioners in the field. This year’s or as an alternative like a flat tax or a VAT. Seventh Circuit indicates that the marijuana posses- speaker is Lee Sheppard, who has been Finally, he will offer thoughts on the poli- sion arrests are not in central business a contributing editor of Tax Notes for tics of reform and, particularly useful for MAUREEN WHALEN districts, and that the police primarily 22 years. She was trained as a lawyer the practitioner, how the process may Associate General Counsel, J. Paul make the arrests in Black and and is well known for her incisive, unfold. Getty Trust Hispanic neighborhoods. Join us for often trenchant legal commentary on a discussion of the costs and benefits tax questions. Ms. Sheppard covers all Welcoming Remarks: Co-sponsored by: of New York City's marijuana posses- areas of the tax law, including interna- BARRY KAMINS College Art Association; ARTstor; sion arrest policy. tional taxation, corporate taxation, President, New York City Bar Creative Commons partnership taxation, bankruptcy tax Speakers: questions, pensions and tax accounting Moderator: Please register online at www.nycbar.org. BRUCE D. JOHNSON, Ph.D. questions. She is frequently asked to MARK STONE Director, Institute for Special speak on tax subjects. A reception will Holland & Knight LLP 30 Wednesday, 6:30 pm Populations Research, National follow. Development and Research Institutes, Speaker: NEW YORK CITY’S Inc Speaker: JOHN L. BUCKLEY MARIJUANA ARREST LEE SHEPPARD Chief Tax Counsel, Committee on Ways HARRY G. LEVINE, Ph.D. Contributing Editor, Tax Notes and Means, United States House of POLICY THIRTY Professor of Sociology, Queens Representatives YEARS AFTER College and the Graduate Center, City Please register online at DECRIMINALIZATION University of New York www.nycbar.org. Please register online at www.nycbar.org DEBORAH P.SMALL, J.D. In 1977, New York State decriminalized 24 Thursday, 6:30 – 8 pm 29 Tuesday, 6:30 – 8 pm possession of personal use amounts of Executive Director, Break the Chains marijuana. Nonetheless, researchers CAREER OPPORTUNITIES ART, ACCESS AND THE report that New York City is now the Please register online at IN SMALL LAW FIRMS: A PUBLIC DOMAIN: national leader in detaining individuals www.nycbar.org. PANEL DISCUSSION FOR EXPLORING BRIDGEMAN for possession of personal use amounts of marijuana. Beginning with the LAW STUDENTS V. COREL AND ITS advent of quality of life policing, the AFTERMATH New York City Police Department dra- The world of small law firms is often matically increased the number of untapped by law students as they This program will explore the dichotomy arrests for marijuana possession: from search for post-graduate employment. between the Bridgeman v. Corel decision Come hear a panel of small firm prac- and copyright claims in photographs of titioners as they discuss the various two-dimensional, public domain works. opportunities at small law firms and Legal experts and representatives of the April 2008 Registration Form how to find the one that is right for range of stakeholders potentially involved you. A reception will follow and light will discuss the implications of the deci- I Small Law Firm Luncheon: — 17 Thursday refreshments will be served. sion and current practices of image The fee, which includes lunch, is I $25 for members and I $35 for non-members. licensing and distribution. No fee required. Please RSVP to Jodi Savage, Chair of the Committee on Law Moderator: Student Perspectives, at VIRGINIA RUTLEDGE [email protected] Chair, Art Law Committee; Vice President Number of and General Counsel, Creative Commons 28 Monday, Program 6:30 -7:30 pm; Name Reservations Reception 7:30-8 pm Speakers: Company THEODORE FEDER HERMAN GOLDMAN LECTURE President, Art Resource and Artists Rights Address Total Enclosed $ Society PROSPECTS, POLICY AND POLITICS OF FEDERAL City State Zip TAX REFORM IN 2008-2009 Please charge to my I Mastercard I Visa I American Express REVISED ANNUAL Chief Tax Counsel John Buckley will Card Number Expiration Date bring to bear his early 20 years of non- MEETING DATE partisan legislative experience in draft- Phone E-mail ing the major tax laws for this nation The Association’s Annual and his past 13 years of experience in Signature a senior partisan legislative tax policy Meeting, originally scheduled position to address the key tax reform Please return this form to: Meeting Services, issues of our time. Mr. Buckley will for May 20, 2008 will be held New York City Bar, 42 West 44th Street, New York, NY 10036-6689. Please make checks payable to the Association of the Bar. start with a review of the changes in If registering for additional persons, duplicate this form. the tax system over the past 30 years on May 28, 2008, at 6:00 p.m. seen from his unique vantage point www.nycbar.org 7 126650 April 08 Notes 3/19/08 11:40 AM Page 8 g

COMMITTEE REPORTS –s APRIL 2008 r n s s i i n a e t n o f s i i r

Closing a Loophole in New York’s Debtf Collection Law o t r t i i a o A i l t

e Although both Federal and New York State law mandate Committeea issued a report in support of A.8527/S.6203, the t u p f y n c f g i n t e

l that Social Security, disability benefits, pensions, child sup- Exempt Income Protection Act, which would correct this e e i e n s A p r

w t r R i anomaly by amending the Civil Practice Law and Rules. port and other essential income are exempt fromR collection C

d r e

E a

c r l s t

u i l s by creditors and debt collectors, current New York law does The proposed amendments to the CPLR would: 1) exempt e L k i o a o h i

s a r t t not stop them froml freezing a person’s bank account from restraint the first $2500 in a bank account containing C D C i i e

s o S C a l r s c ' n regardless of whether the funds in the accountc are exempt exempt funds such as Social Security, disability payments, i a e u e n Y o t

t c i n n

l from collection. pensions or public assistance whether such funds have been s a i e n o e w g a c i S u directly or electronically deposited within the last 45 days; i m s o c e n Bank accounts containing exempt income are routinely J i

s r n s

u 2) exempt an amount equal to 240 times the minimum r r n e restrained by banks leaving the burden on i the account N d o f u e u C wage, except for such part as a court determines to be F C n o S e

holderl to get the restraint lifted. Under current law, it can

r w a unnecessary for the reasonable requirements of the judg- c d

o take weeks or months to release an accountB that should not P a i i

s s mentn debtor and dependents; 3) make it easier for account t a r r L have been restrained in the first place. Duringf that time a

i i V s s

holders whose funds have been unlawfully frozen to get a r a a e n

person cannot access his or her accounto to pay for basic i t c f f

u restraining notice lifted on their account; and 4) streamline i o f a f

necessities. a J t i t

f s n the process for determining claims when there is a question A A t s

l f E c n

The impact of such erroneous restraints can be devastating, r y e

as to , whether funds are exempt. o a o e A s e r e i i

especially for low income New Yorkers, and puts families in t t c a n s m

r t These proposed amendments to the CPLR, the report w E t m a i peril of hunger, lossn of utilities and eviction. Even after an u l s i e o a r e a u l

e points out, correct an imbalance in the existing scheme l u L

account has been released hundreds of dollars may have i c T s

i m g D o l x m which unfairly places a burden on debtors to show that their i v i n already been lost to bank fees, overdraft fees,e and bounced a r M i u a V r e o funds are exempt, at the same time that they are being R

check fees. s n S c

s C l

i deprived of access to those funds. s o C T e n t a l In an effort to remedy this loophole the Consumeri Affairs s g t m o e a e i e i g r L r c

C t n m u w m d i a n o c i t n n a r e a e

o Children, Council onD which is an M individual school building that the reasonable observ- n S o l i o L t

n Letter to the Director of the ABA Section on Litigation in oppo- er would perceive it as governmental speech endorsing religion. A o l

c e o s i i e s

sition to the Uniform Representation of Childrenr in Abuse, Therefore, the brief argues, it is the Establishment Clause that B a o s R t

c i

d t t i t l o a V h

Neglect and Custody Proceedings Act ("the Act") proposed9 by the provides the most appropriate framework for the requisite s 7 0 t 8 r a

f r w i g s i f 1 n g 1 2 P 1 i

National Conferencec of Commissioners on Uniform State Laws Constitutional analysis of the situation. And under the a

c u u A e i n J R

u P n L P P

o (NCCUSL). The Act, the letter argues, eliminates the mandate of Establishment Clause the City is unquestionably obligated to pre-

i r t l l J a i

e a a s m n s C client-centered confidentiality and takesn from the child-client the vent the endorsement of religion within its public schools. v r i w

i n i i e m n l i a o d n F

right to define the representation andn gives that decision to the a C i o u L e a i o w

t m s r o i l court.t In addition, the Act would undermine the thoughtful and m i r

a Federal Courts r t e n c a r r M e L i

a o e e o

informative work that has been done to define the appropriate i p Letter to the US District Court for the Southern District of New l C r n y d d C u u v P role ofr the attorney for a child and the ABA’s own Standards on g o York urging that all attorneys be permitted to bring wireless-

D e n g o S o

s n

Representing Children in Abuse ande Neglect Proceedings. a l m F enabled PDA's and cellular phones into the SDNY courthouses. f C

i e o R s E r

o The letter urges that changing the policy would improve court

t n s u s n w s a e s Civil Rights h

t processes as these devices have become an important organiza- i o a c n s s t e i r w M i e L t I

Letter to Congress expressing support for Section 102 of H.R. tional tool forr storing information and communications regard- d a

u o T i a a l

L e u i 4156,the Orderly and Responsible Redeployment ing court proceedings, and is supported by considerations of fair- o r c l a n c a h i t T a C e f t Appropriations Act of 2008, which would establisho the United ness as at present Assistant United States Attorneys and Assistant

i n l f S n a w t e i e a

d States Army Field Manual FM2-22.3 Human Intelligence Public Defenders can bring these devices into Southern District u t a r a n A n L n m a

Collector Operations as the standard for interrogation by all gov- courthouses. i o o m m t e a L i i r

r e

t t

S ernment personnel. The adoption of the Army Field Manual a l t o

m Letter to Congress expressing support for S.2450 which would C n p a s f z l w

standards, the letter argues, would providei clear guidance to all o a n a o

a n amend the Federal Rules of Evidence by adding Rule 502, which n i r t I a s e O C

t government officials and contractors as to the practices that are a e n m

c addresses the effect of the disclosure of privileged materials in fed- g t r i S i a r L r w permissible and those that are forbidden and eliminate any cur- i n n

c e o eral courts and proceedings before federal offices and agencies by o s I a a l F y e A

u rent ambiguities.

m c r f

L establishing consistent guidelines regarding the consequences of R c k i i a

o i d f s t e i a a

y a r both intentional and inadvertent disclosure of privileged materi- t t E f t g A a c T

f Education and the Law s n r r , n al in federal proceedings. C i o s o y e A t w o Amicus Brief: Bronx Household of Faith v. Board of Education of n t p u v r i p r i r a u a J

the City of New York filed in the USo Court of Appeals for the d o e t o L International Trade s m C

C r r

C l t Second Circuit. This case involves a church asserting its right to l A i

e m d The report, Bilateral Investment Treaties - Evolution or P e e a k

P l r h a n g use a public school for Sunday worship services. The brief argues u t c l r

a Regression?, proposes an improvement to the language of the s t a i

a s g l a n e y t

that the District Court's decision should be reversedl and that the n i o i a

n next U.S. model Bilateral Investment Treaty (BIT) clause regard- c e n e u s i t i s New York City Department of Education shouldV be allowed to R Y o

p u R s

ing fair and equitable treatment. The report argues that the cur- m d I u J l M C enforce Standard Operating Procedure which precludes parties

m r n l i m rent BIT languagen is inadequate and discourages foreign direct w l i a k a

v from conducting worship services in the New York City public o a e n g r investment. The report proposes language for a new, more pro- n i r a e r n

schools. The activities in this case cross a fundamental line where i w C N i L B gressive model BIT which would better protect foreign investors. C o the church’s private religious speech so dominates the forum v C T m n i E r 8 C www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 9

Legal Issues Pertaining to Animals Report supporting H.R. 3029, which would pro- CLE SPOTLIGHT: GIANTS OF THE TRIAL BAR – hibit the trade, both domestic and international, HANDLING THE HIGH PROFILE CASE of bear viscera and items, products, or substances containing, or labeled or advertised as containing The Giants of the Trial Bar CLE program returns on April 16th (from 6 to 9 p.m.) with a focus on han- bear viscera. Bear gall bladders have been known dling high profile criminal and civil cases. The program’s faculty will instruct attendees on how to deal to fetch high black market prices. As a result of this with managing the media and gag orders; co-defendants; jury selection and jury consultants; sentenc- popularity, wild Asian bear populations have been ing guidelines; and potential ethical constraints, among other problems presented. decimated, causing poachers to turn to American "This year’s program features several new attorneys and recent cases," said Roy L. Reardon, of bears to meet increasing demand. Although many Simpson Thacher & Bartlett, who has been producing the Giants program for over five years. "It will states have prohibited the traffic in bear viscera, appeal to trial lawyers, litigators, and those who just like to see and hear high profile lawyers." federal legislation, the report argues, is neverthe- less needed because of loopholes created by incon- Reardon has handled a number of celebrity cases over the course of his 50-year law career, including sistencies among state laws that allow poaching to one in 2001 where his client, golfer Casey Martin, sued the PGA Tour under the Americans with flourish. Disabilities Act. In a 7-2 decision, the U.S. Supreme Court ruled in Martin’s favor. Earlier, in 1989, Reardon won a $100 million jury verdict for his client, GTE, in a defamation suit against the Home Pro Bono and Legal Services Shopping Network. Letter to Congress urging that the appropria- "People who attend can expect to walk away with an understanding of how the most renowned trial tions restriction that limits how Legal Services lawyers deal with all aspects of handling a high profile civil or criminal case," Reardon said. Corporation grantees may spend their funds "Attendees will enjoy listening to the panelists talk about their cases, but more importantly, they will from state and local governments as well as pri- learn from the mistakes of these experienced lawyers, and will gain invaluable tips on how the pan- vate donors be repealed. Since these organiza- elists attained success with their cases." tions provide free legal services for the poor, these restrictions prevent LSC funded organiza- Reardon reached beyond the east coast to secure one of the panelists, Pamela Robillard Mackey from tions from using non-LSC funds for uses thatclasCsoloifriado.ed Mackeyad_at trepresentedorney_2 6NBA.qx pplayer 2/ Kobe21/2 Bryant008 in9: his50 legalAM troubles Page that1 emerged in 2003. LSC may not be used for, including class action For more information and a full listing of the faculty, see the program listing on page 18. As with our suits, seeking attorney fees, and representing other CLE programs, credit can be obtained in New York and California, and also in Illinois (credit certain documented, and all undocumented allocation differs). immigrants. These restrictions deprive count- less New Yorkers of desperately needed legal representation, deter private funders from donating to LSC-funded organizations, and obstruct state and city efforts to deliver civil legal aid. The only way for a legal aid program Attorney - Tax Associate to perform work barred by the restrictions is to create a new, privately funded organization with separate staff and separate offices, a require- ment so expensive that hardly any organizations Rath, Young and Pignatelli, a 26-lawyer firm in around the country have been able to meet it. By removing these restrictions, the letter argues, Concord N.H. has an immediate opening for an local legal aid organizations would be able to associate with 2 to 4 years of relevant experience to use their non-LSC funds freely, which would enhance their ability to deliver civil legal aid. join its expanding taxation and business transactions practice. V isit our web site at www .rathlaw.com. State Courts of Superior Jurisdiction Letter to the New York State Administrative Board Client s include major N.H. and national corporations. which urges that the Uniform Rules be amended to expressly include e-discovery as a subject at pre- Background in federal business taxation, trust taxa- liminary conferences and proposes suggested language for such an amendment. The proposed lan- tion and/or related est ate planning is desired. guage would be inserted to Rule 202.12 as (c)(3) in Excellent academic credentials, strong analytic abili- the New York Civil Practice Law and Rules. Adding e-discovery as an explicit subject at pre- ties and ability to assume substantial responsibility liminary conferences, the letter argues, will induce litigants to meet and confer on e-discovery issues are essential. An outstanding salary and benefits at an early stage of litigation and contribute to the efficiency of the legal process. Such early disclo- package is available. Please send resume to Larry sure furthers the interest of justice by minimizing surprise at trial and ensuring wide-ranging dis- White, Rath, Young and Pignatelli, P.O. Box 1500, covery of relevant information. One Capit al Plaza, Concord, N. H. 03302

www.nycbar.org 9 126650 April 08 Notes 3/19/08 11:40 AM Page 10

AROUND THE WORLD WITH CITY BAR MEMBERS... violence in Sub-Saharan Africa. The report, work with Latin American and Caribbean CONTINUED FROM PAGE 1 co-sponsored by the City Bar’s Cyrus R. Vance companies and governments, Stolper spends a part of my career." And her career has not Center for International Justice, "looks at laws great deal of time traveling to Argentina, Chile, been lacking excitement. on rape and domestic violence and makes rec- Peru, Columbia, and Venezuela. ommendations for good and best practices," While her current work is in Rwanda, she has "For me," Stolper explains, "this is home prac- Slattery says. The report, which Barad was tically. I grew up overseas in Latin America worked in Haiti, Uganda, Kenya, and South also a part of, "was created to highlight the Africa. In 1994, Barad traveled to South Africa and the Caribbean and I really care about these structural problems," Slattery states, "and to countries. I’m involved with economic devel- to help with the first democratic elections. "I give a sense of what good legislation on these was showing the black women voters, some opment and I feel like my services are needed issues would look like as well as show some of and valued." very old, how to vote. Of course, they had the key themes that need to be addressed." never voted before so they didn’t know how. Stolper served in the Foreign Service before They were so warm and willing to learn, it was Slattery, who worked at the Center as a summer attending law school and finding herself at a gift to be able to be with them," she says. intern during law school, graduated, and spent Shearman & Sterling LLP in 1991 just as the six months with the Federation of Women capital markets in the Latin American region Barad first traveled to Rwanda in 2000 and has Lawyers of Kenya, then spent another six been giving trainings and workshops on ethics were opening up for the first time in fifteen months with the Center and ultimately stayed years. She is now a partner at the firm. and gender-based violence issues on behalf of full-time. "Though often under-recognized, the African Affairs Committee ever since. "It is reproductive rights are fundamental human Stolper became a member of the City Bar as a fascinating! It is my passion." rights, and an area I find very compelling." first year lawyer when one of her professors When Barad wanted to change the Rwandan from New York University was chair of a com- The Center just finished a report covering the mittee and asked her to join the committee. "It definition of rape to encompass a broad range abuse and neglect of women around delivery of the gender-based violence that affects is the premier bar association in the country, if and maternity services, "Failure to Deliver, not the world," Stolper says, "I’ve made a num- women, she drafted a new meaning for a pro- Violations of Women’s Human Rights in posed bill. Upon reading it, the then-Minister ber of great friends and it is absolutely part of Kenyan Health Facilities." Slattery says that my professional career." of Justice said to Barad, "But that covers every- despite the positive initial response to the thing!" Barad replied, "Yes it does." report, because of the post-election crisis in "As an associate, I was on the Inter-American While the attitude towards women in Rwanda Kenya gender-based violence has only Affairs Committee. While on the Committee, may often be one of discrimination and along with a friend and fellow committee inequality, Barad makes it clear that the member, I wrote a book that surveyed the Latin women certainly have not taken these attitudes American securities laws. It was really an to heart. "In Rwanda," she says, "The lower amazing effort," Stolper explains of her com- house of Parliament is 48.8% female. The U.S. mittee work. House of Representatives is 15.5% female." Having served on various committees "I hope I can help Rwandan women by making throughout her time with the City Bar, Stolper the justice system more accessible to them – to is now chair of the Committee for the Cyrus R. bring a rape case not only stigmatizes them, Vance Center for International Justice. The but deprives them of income if the perpetrator Vance Center recently completed the Pro Bono is their husband or partner and goes to jail. My Declaration for the Americas, which Stolper goal is to help the justice system be more pro- says, "brings together lawyers throughout the tective and sensitive to women," Barad region, including the United States in a sup- explains. portive role, with lawyers agreeing to commit to twenty hours of pro bono work per year." Elisa Slattery has a similar goal. Slattery works at the Center for Reproductive Rights as the As she completed this interview, Stolper, who Legal Adviser for the Africa Program. "The was preparing for a trip to Mexico for the Center works on a broad range of reproductive City Bar member Elizabeth Barad. launch of the Declaration, loves the way her rights issues, from maternal mortality and work keeps her constantly in transit. "I have a lot of fun! Every day is a new deal, new com- institutional violence against women – such as increased. "Women are suffering as they try to in health care facilities and schools – to the pany, new country, and new government. I make a life in the internal displacement have the opportunity to meet new people every intersection of HIV and reproductive rights. camps," Slattery says. We frame and promote reproductive rights in a day and to learn about the projects they are Slattery, who traveled to Kenya to conduct field human rights framework," Slattery says. doing and help them succeed in those pro- research says, "It was very compelling. What is jects." Slattery initially came to be a member of the really striking about completing interviews is City Bar because of the African Affairs "Last week, I was in central Argentina, in a that the language of international human place I’d never been before, and we were taken Committee. A co-worker suggested that she rights violations can seem abstract, but hearing join the committee, "I had always been very out to a farm and given a big party. Generally, women’s stories and getting accounts of what when you practice in the U.S. they give you a interested in the committees and programs the happened make these violations very real and City Bar has," she explains. party at the end of the deal – not the begin- grounds the abstract language in personal ning!" Stolper laughs and says, "It is endlessly The main project that Slattery has focused on experience." interesting and continues to be extremely with the African Affairs Committee is a pro- Antonia Stolper also travels extensively for her rewarding." bono report of legislation on gender-based work. As a capital markets lawyer focusing on

10 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 11

REACHING OUT TO IMMIGRANTS IN THEIR COMMUNITIES

"Justice should not depend upon the income level of immigrants," said Judge For young volunteer lawyers, it was an excellent opportunity to test Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit in a the pro-bono waters without having to commit to a long case. speech at the City Bar last year. With this concise statement, Judge Katzmann Because so many immigrants have extensive work and family com- summarized the guiding principle behind the City Bar Justice Center’s efforts mitments, it was determined that the best way to provide these ser- to provide access to justice for the immigrant community. vices was to reach out to potential clients in their own neighbor- Through the Immigrant Women and hoods. Through the auspices of the New York City Council, under Children Project and the Refugee "With the array of the leadership of Speaker Christine C. Quinn and Council mem- Assistance Project, the Center provides bers Jessica S. Lappin, Melissa Mark-Viverito, Joseph P. Addabbo, pro bono legal services in hundreds of false information in Jr., Erik Martin Dilan, Simcha Felder, Kendall Stewart, and the cases in various stages of development. our neighborhoods Brooklyn Delegation, funding was provided to set up outreach nat- In addition to the casework, the Center that places immigrants uralization clinics at organizations including the South Queens recruits and trains volunteer attorneys, in jeopardy, we are so Boys and Girls Club and The Children’s Aid Society. prepares clients for interviews, moni- grateful to have Plans are in the works to extend the naturalization and general- tors the courts, stays on top of the latest knowledgeable and information clinics to other neighborhoods in the city. One or issues, arranges symposia, and advo- more of the events will focus on "Knowing Your Rights." Others cates for legislation to improve immi- caring professionals will be tailored to social workers and parents. Leading this effort is gration processes. provide realistic and the Center’s second Fragomen Fellow, Elizabeth T. Reichard, on Recognizing that immigration cases are informative clinics for loan from the firm of Fragomen, Del Rey, Bernsen and Lowey, LLP. as diverse as the clients involved and our families and social Reichard stresses the importance of involving community-based often don’t fall into neat categories, the workers." organizations, "because they know the needs of local immigrants, Center’s latest initiative is the New York offer safe spaces for consultations and know how to do outreach to City Immigrant Advocacy Initiative those most in need of services." (NYCIAC). The NYCIAC works in col- "The training around immigration issues conducted by CBJC's laboration with experienced immigration lawyers to conduct a series of clinics Fragoman attorneys has been a godsend to staff and parents," said that provide limited general immigration assistance. The first took place in Cathleen Clements, Director of the Office of Public Policy and November, with volunteer lawyers taking over the Center’s offices and provid- Client Advocacy at the Children’s Aid Society. "With the array of ing pro bono consultations to immigrant clients. For many clients it was their false information in our neighborhoods that places immigrants in first opportunity to get expert legal advice at the beginning of their process, the jeopardy, we are so grateful to have knowledgeable and caring pro- GALA AD_final_1.qxp 1/11/2008 4:13 PM Page 1 time when bad advice sends too many clients off on the wrong path to immi- fessionals provide realistic and informative clinics for our families gration, and when a dose of preventive lawyering can make all the difference. and social workers."

HELP US MEET THE CHALLENGE! Honoring law firms and companies for their leadership and dedication The City Bar Justice Center has been issued a to public service challenge by the Robert M. Kaufman Fund No. 2 in the New York Community Trust. If the HONORING Center raises $25,000 to support the Justice CITIGROUP INC . Center’s immigration programs by June 30, DAVIS POLK & W ARDWELL 2008, the Fund will provide a matching grant in the same amount. If you don’t currently have CO-C HAIRS the time to donate legal services, know that CHET GERDTS PRICEWATERHOUSE COOPERS your financial contribution can provide the resources to make a difference in someone’s BRAD S. K ARP life. PAUL , W EISS , R IFKIND , To give, please contact Daniel Fallon at 212- WHARTON & G ARRISON LLP 382-6661. If interested in providing pro bono legal services NEW YORK CITY BAR 42 West 44th Street to help immigrants achieve legal status, please New York City contact Lynn Kelly at 212-382-6678.

Save the Date: For more information and to WEDNESDAY, APRIL 9, 2008 reserve tickets, please contact our Gala Office at: 212-249-6188 or [email protected] www.nycbar.org 11 126650 April 08 Notes 3/19/08 11:40 AM Page 12

CITY BAR CENTER FOR CLE APRIL 2008 CLE COURSE CALENDAR

Monday Tuesday Wednesday Thursday Friday 1 2 3 4 6-9 p.m. 9-1 p.m. 6:30-8:40 p.m. 8:30-1:00 p.m. HOT TOPICS AFFECTING A PRACTICAL GUIDE TO FEDERAL SENTENCING IN THE CURRENT ISSUES COOPERATIVES & LLCs & LLPs AGE OF BOOKER IN INSURANCE CONDOMINIUMS 2008 4.5 credits* 2.0 credits* REGULATION 2008 3.0 credits* Credit breakdown to be determined.

7 8 9 10 11 6-8:15 p.m. THE INSIDER THREAT: ADDRESSING COMPUTER CRIME & ABUSE BY CORPORATE INSIDERS 2.5 credits*

14 15 16 17 18 9-1 p.m. 6-9 p.m. 9-10:30 a.m. 9-5 p.m. 9-1 p.m. HEDGE FUNDS: CULTURALLY COMPETENT SEEKING APPROVAL: INTELLECTUAL PROPERTY FUTURE PERSPECTIVES FORMATION, OPERATION & LAWYERING FOR AT-RISK BOARD GOVERNANCE IN DUE DILIGENCE IN BUSINESS ON AFFORDABLE COMPLIANCE LGBTQ YOUTH: ADVOCAT- COOPS & CONDOS TRANSACTIONS HOUSING & ECONOMIC 4.0 credits* ING EFFECTIVELY IN THE 1.5 credits* 7.5 credits* DEVELOPMENT IN NEW FOSTER CARE & JUVENILE YORK CITY: POLICY & 6-9 p.m. DETENTION SYSTEMS 6-9 p.m. 6-9 p.m. PRACTICE EVIDENTIARY ISSUES IN 3.0 credits* GIANTS OF THE TRIAL BAR: ETHICS, DISCIPLINE & REAL 3.0 credits* EMPLOYMENT LAW HANDLING THE HIGH WORLD OBLIGATIONS 3.0 credits* PROFILE CASE 3.0 credits* 3.0 credits* 21 22 23 24 25 9-12 p.m. 9-5:30 p.m. 8:30-5:15 p.m. SELECTED ETHICS ISSUES IN THE FIFTH ANNUAL INSTITUTE THE FIFTH ANNUAL MEDIATION & SETTLEMENT ON TAX ASPECTS OF MERG- INSTITUTE ON TAX NEGOTIATIONS ERS & ACQUISITIONS ASPECTS OF MERGERS & 3.0 credits* 15.0 credits* ACQUISITIONS Part two of three 5-7 p.m. 15.0 credits* THE FIFTH ANNUAL 6-8:30 p.m. Part three of three INSTITUTE ON TAX ASPECTS FINDING HIDDEN ASSETS: OF MERGERS & WHAT EVERY DIVORCE, ACQUISITIONS BANKRUPTCY & COMMERCIAL 15.0 credits* LITIGATOR NEEDS TO KNOW Part one of three 2.5 credits* 28 29 30 6-9 p.m. 6-9 p.m. 6-9 p.m. WORKPLACE HORRORS: ‘TIL DEATH DO YOU TIPS FOR TRIAL LAWYERS EMPLOYMENT PART…ESTATE PLANNING WHO WANT TO USE DISCRIMINATION FOR SPOUSES TECHNOLOGY TO ORGANIZE 3.0 credits* 3.0 credits* & PRESENT CASES 3.0 credits*

6-9 p.m. TOPICAL ETHICAL ISSUES 3.0 credits*

*This program provides transitional credit for newly admitted attorneys. 12 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 13

APRIL 2008 CLE CALENDAR

CORPORATE & SECURITIES have been making headline news for both good and CHRISTOPHER M. WELLS bad reasons. The industry has attracted the atten- Proskauer Rose LLP tion of investors and regulators more than ever. A PRACTICAL GUIDE TO LLCs Live Program (includes materials): This course will provide an overview of the rules Member $335 Nonmember $475 & LLPs related to operating a hedge fund. Faculty will discuss how to avoid problems in the enforcement CLE credit: 2 Wednesday, 9-1 p.m. environment and provide best practices for protect- 4.0 credits in professional practice. This live program ing hedge fund advisers from liability. The registra- provides New York & California transitional/non- An expert panel will present a practical guide to the tion process, requirements applicable to registered transitional credit for all attorneys. use of LLCs and LLPs. The panel will provide con- advisers and operating issues involving hedge funds crete advice on critical formation and early-stage will be examined. Finally, top practitioners and issues, such as the advantages and disadvantages of representatives of the SEC will discuss the SEC's CRIMINAL LAW the LLC/LLP form, a comparison of LLCs and LLPs to views on hedge fund issues. corporations, the tax benefits of the LLC/LLP form and the choice of state law. As part of the choice-of- Although this program is intended for professionals entity discussion, the panel will discuss specific busi- in the hedge fund industry, as well as experienced FEDERAL SENTENCING IN THE nesses, fact patterns and exit strategies that may dic- lawyers who practice in hedge funds, lawyers who AGE OF BOOKER tate the choice-of-entity decision. The panel will are interested in developing hedge fund expertise describe the mechanics of forming an LLC/LLP and will also benefit. 3 Thursday, 6:30-8:40 p.m. the content of the principal agreements incidental to such formation, including the basic operating agree- Program Chair: The U.S. Supreme Court’s decision in United States ment. Various management structures and control NORA JORDAN v. Booker in January 2005 fundamentally changed arrangements of LLCs and LLPs will be examined and Davis Polk & Wardwell the practice of federal sentencing in criminal cases. considered from different perspectives and in differ- In that landmark decision, the Supreme Court ent strategic and investment scenarios. The use of Faculty: found that mandatory application of the U.S. LLPs for law and other professional practices will be STEPHANIE R. BRESLOW Sentencing Guidelines was unconstitutional, yet discussed, including current issues and events poten- Schulte Roth & Zabel LLP preserved their place in the sentencing process. tially testing their effectiveness with respect to liabili- Judges must now consult the Guidelines, although ty. Securities issues will be considered in the context NORMAN B. CHAMP III the Guidelines are only "advisory" rather than of the formation and growth of an LLC or an LLP. Executive Vice President & General Counsel mandatory, raising a host of legal, strategic and The panel also will examine various executive and Chilton Investment Company, LLC ethical issues for all practitioners. other compensation structures in the context of an LLC, including in particular the use of equity-based GENE A. GOHLKE This panel will discuss federal sentencing in the incentive compensation arrangements and a compari- Associate Director, Office of Compliance post-Booker era, from the new fundamentals to the son to traditional corporate stock option plans. The Inspections and Examinations cutting edge strategies counsel can now employ program is intended to provide to practitioners a U.S. Securities and Exchange Commission given the greater flexibility under the law. The comprehensive introduction to LLCs and LLPs in a panel includes leaders from the federal bench, practical and useful context. RUTH S. GOODSTEIN prosecution and defense. The panel will address Chief Operating Officer the evolving legal standards governing the appeal Program Chair: Central Park Group, LLC of federal sentences, which must consider the fac- GARY J. SIMON tors set forth in 18 U.S.C. §3553(a) as well as the Hughes Hubbard & Reed LLP MICHAEL HUBER Guidelines. Panelists will also discuss the power of Vice President & Assistant General Counsel district courts to consider sentencing policies, such Faculty to be announced. Goldman Sachs & Co. as the disparity between crack and powder cocaine mandated by Congress, and the interplay of loss Live Program (includes materials): LEOR LANDA calculation and restitution in white-collar cases. Member $345 Nonmember $485 Davis Polk & Wardwell Program Chair: CLE credit: DENISE LANDERS ZACHARY MARGULIS-OHNUMA 4.5 credits in professional practice. This live program Senior Special Counsel, Division of Trading Law Office of Zachary Margulis-Ohnuma provides New York & California transitional/non-tran- Markets sitional credit for all attorneys. Portions of this program U.S. Securities and Exchange Commission Faculty: may qualify for CPE credit. GREG D. ANDRES T.A. MCKINNEY Chief, Criminal Division Managing Director United States Attorney’s Office, EDNY HEDGE FUNDS: FORMATION, FrontPoint Partners LLC OPERATION & COMPLIANCE SUSAN E. BRUNE STEPHEN J. OBIE Brune & Richard LLP 14 Monday, 9-1 p.m. Regional Administrator /Regional Counsel Division of Enforcement HON. JOHN GLEESON The hedge fund industry has grown exponentially US Commodity Futures Trading Commission United States District Court, EDNY over the past few years and particular hedge funds www.nycbar.org 13 126650 April 08 Notes 3/19/08 11:40 AM Page 14

HON. GERARD LYNCH Live Program (includes materials): ETHICS United States District Court, SDNY Member $195 Nonmember $305

HARLAN J. PROTASS CLE credit: Law Offices of Harlan J. Protass, PLLC 2.5 credits in professional practice. This live program ETHICS, DISCIPLINE & REAL provides New York & California transitional/non-tran- WORLD OBLIGATIONS Live Program (includes materials): sitional credit for all attorneys. Member $195 Nonmember $305 17 Thursday, 6-9 p.m.

CLE credit: ESTATE PLANNING A premier faculty drawn from the judiciary, the 2.0 credits in professional practice. This live program disciplinary bar, law firms and academia will focus provides New York & California transitional/non- on the ethical and disciplinary issues confronting transitional credit for all attorneys. attorneys in everyday practice, including: ‘TIL DEATH DO YOU PART....ESTATE PLANNING FOR SPOUSES I Conflicts of interest THE INSIDER THREAT: ADDRESS- I Problems in representing closely-held entities ING COMPUTER CRIME & ABUSE 29 Tuesday, 6-9 p.m. I Fee issues BY CORPORATE INSIDERS I Common disciplinary complaints This program will provide practical information for I Law firm reporting obligations for attorney estate planning attorneys regarding the most effective 10 Thursday, 6-8:15 p.m. misconduct ways to represent a husband and wife in achieving I The ethical responsibilities of partners and their testamentary desires. This course will cover Perhaps the most serious threat to the integrity of associates basic strategies and current problem areas in estate a company's digital assets is malicious action by an planning for spouses including: marital deduction insider or ex-employee with access to the corpo- Program Chair: qualification and funding issues, lifetime estate equal- rate network. Insiders are increasingly responsible EDWARD M. SPIRO ization, post-mortem use of disclaimers, testamentary for serious instances of computer crime and Morvillo, Abramowitz, Grand, Iason, Anello & planning and formula clauses. It will also provide an abuse, including data theft, data destruction, ille- Bohrer PC in-depth review of tax apportionment clauses and gal monitoring of e-mail and network traffic, their impact on the overall estate plan. In addition, harassing communications, and leaks of confiden- Faculty: the faculty will spend time exploring what every advi- tial information. This lecture gives instruction on HON. SHEILA ABDUS-SALAAM sor should know about planning with retirement the legal, technical, strategic, public relations, New York State Supreme Court accounts which nowadays often comprise a significant human resources and law-enforcement compo- portion of a couple's assets. Finally, this program will nents to addressing computer crime and abuse by ALAN FRIEDBERG address the many ways in which an ethical conflict can corporate insiders. Among other things, the Chief Counsel arise from the simultaneous representation of spouses, instructors will explain: Departmental Disciplinary Committee the relevant ethical rules, and how to best protect your I How to structure an investigation with refer- Appellate Division, First Department clients in these situations. ence to target offenses under applicable state and federal laws, and target violations of a com- HAL R. LIEBERMAN Program Co-Chairs: Hinshaw & Culbertson LLP pany's policies; TARA L. KAPLAN I The role of computer forensics, network log- John Silberman Associates P.C. ging, packet-sniffers and evidence preservation JAMES W. PAUL Clifford Chance US LLP in the investigation of insider cases of computer KARA B. SCHISSLER crime and abuse; Katten Muchin Rosenman LLP I The roles of corporate executive, HR, legal and CAROL ZIEGLER public relations personnel in insider cyber- Professor of Law Faculty: Brooklyn Law School crime investigations; PAMELA EHRENKRANZ I The pros and cons of referring a matter to law Wachtell Lipton Rosen & Katz Live Program (includes materials): enforcement authorities, and how to choose Member $235 Nonmember $345 between law enforcement authorities; and STEPHANIE HEILBORN I The use of behavioral science techniques to Heilborn LLC CLE credit: identify and manage the attacker. 3.0 credits in ethics. This live program provides New JOANN PALUMBO York & California transitional/non-transitional The instructors will use an entertaining Tarter Krinsky & Drogin LLP credit for all attorneys. PowerPoint presentation, which incorporates anecdotes of actual insider computer crime and Live Program (includes materials): abuse cases. Member $205 Nonmember $315 SELECTED ETHICS ISSUES IN Program Co-Instructors CLE credit: MEDIATION & SETTLEMENT ERIC M. FRIEDBERG 2.5 credits in professional practice & .5 in ethics. This NEGOTIATIONS Co-President live program provides New York & California transi- Stroz Friedberg, LLC tional/non-transitional credit for all attorneys. 23 Wednesday, 9-12 p.m.

DR. ERIC D. SHAW This program will catalog and address a number Consultant of ethics issues that can arise in mediation and set- Stroz Friedberg, LLC tlement negotiations. With a specific focus on confidentiality, conflicts of interest and related issues, the program will discuss ethics questions

14 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 15

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from the point of view of the mediator, the outside vice providers: the New York Rule; "can't we just be Moderator: lawyer, and even the client. The program will close nice to each other?" - the perils of incivility; two can MERIDITH F. SOPHER with a brief discussion about how to research be trouble: useful protocols when representing joint Assistant Attorney-in-Charge ethics issues and how to get help from an ethics clients; "just the facts please"—a checklist for inter- Legal Aid Society committee of lawyers, or mediators, when needed. nal corporate investigations; common interest Juvenile Rights Practice arrangements explained, their benefits, and risks; Program Chair and Moderator: candor to the Court: what you don't say can hurt Faculty: JEREMY R. FEINBERG you or "Ellipsis at Your Own Risk;" malpractice, FLOR BERMUDEZ Statewide Special Counsel for Ethics fiduciary duty, and conflicts: a misunderstood rela- Youth in Out-of-Home Care Attorney New York State Unified Court System tionship and the New York rule in civil cases against Lambda Legal Office of Court Administration lawyers; battle of the forms: when firms and clients contend for different conflict default rules; common KIMBERLY FORTE Faculty: interest arrangements a/k/a joint defense agree- Staff Attorney for Adolescent Practice Team DEBORAH E. EDELMAN ments: what should they say? Legal Aid Society Principal Law Clerk & Law Secretary to Justice Juvenile Rights Practice Herman Cahn Program Instructor: New York State Supreme Court, New York County STEPHEN GILLERS SUSAN HAZELDEAN Commercial Division Emily Kempin Professor of Law Project Director New York University School of Law Peter Cicchino Youth Project LELA LOVE Urban Justice Center Professor of Law Live Program (includes materials): Cardozo School of Law Member $265 Nonmember $375 THERESA NOLAN, MA Division Director JOHN VAGELATOS CLE credit: New York City Programs Paul, Weiss, Rifkind, Wharton & Garrison LLP 3.0 credits in ethics. This live program provides New Green Chimneys Children’s Services York & California transitional/non-transitional credit DANIEL M. WEITZ for all attorneys. Co-sponsored with: the Lesbian, Gay, Bisexual & Coordinator, ADR Programs Transgender Law Association of Greater New New York State Unified Court System York (LeGaL) Office of Court Administration FAMILY Live Program (includes materials): Live Program (includes materials): Member $165 Non member $275 Member $235 Non-member $345 CULTURALLY COMPETENT CLE credit: CLE credit: LAWYERING FOR AT-RISK LGBTQ 3.0 credits total: credit breakdown to be deter- 3.0 credits in ethics. This live program provides New YOUTH: ADVOCATING EFFECTIVE- mined. This live program provides New York & York & California transitional/non-transitional LY IN THE FOSTER CARE & JUVE- California transitional/non-transitional credit for credit for all attorneys. all attorneys. NILE DETENTION SYSTEMS

TOPICAL ETHICAL ISSUES 15 Tuesday 6-9 p.m. FINDING HIDDEN ASSETS: WHAT EVERY DIVORCE, 30 Wednesday, 6-9 p.m. Lesbian, gay, bisexual, transgender, and questioning ("LGBTQ") teenagers are one of the populations BANKRUPTCY & COMMERCIAL This legal ethics program, with an emphasis on most at risk in the United States. In New York, LITIGATOR NEEDS TO KNOW pertinent New York rules, will select from these LGBTQ teenagers are dramatically overrepresented issues, possibly among others: The State Bar's pro- (40% to 50% of the population) in foster care and 24 Thursday, 6-8:30 p.m. posals to amend the New York Code and change its among homeless youth. Further, LGBTQ teenagers format; lessons from the Arthur Andersen, Martha are extremely vulnerable to discrimination, harass- Through case studies of divorce, bankruptcy and Stewart, and Frank Quattrone prosecutions and ment, intimidation and violence in the juvenile debt collection proceedings, this program exam- the investigation of the Valerie Plame Leak; in- detention system. Accordingly, to serve such youth ines how assets are sometimes hidden domestical- house lawyers wearing two (or more) hats: risks to effectively as legal services providers, we must identi- ly and abroad through money laundering, nomi- privilege; professional relationships; metadata; the fy and address their specific needs. This program nees, shell companies and other means. Pretrial rules on paying expert and lay witnesses; introduc- will give attorneys the tools to advocate successfully discovery, pleadings and other courtroom strate- ing "the virtual client" or "client you didn't know for LGBTQ youth who are homeless or in out-of- gies can however, often be used as an effective you had;" the New York twist on confidentiality; home placements, and will address and discuss vari- countermeasure against even those most deter- how to write a consent to future conflicts that will ous dimensions of the juvenile justice problem by mined to hide millions in assets. In the context of stand up if challenged; what does the "Hot Potato" examining, from state, city, and national perspec- divorce, bankruptcy and forced collection pro- rule say and not say?; understanding positional tives, the social services infrastructures intended to ceedings, the following issues will be covered conflicts; settlements conditioned on a lawyer's assist legal services providers in pinpointing the among others: agreement not to sue the defendant again: not issues facing these youth. allowed but why not?; the hidden risks when I Recognizing hidden assets, the red flags lawyers do business with clients or have conflicting Program Chair: I Working with private investigators financial or other interests; informational conflicts; ALLEN A. DREXEL I Letters rogatory & eliciting evidence from seven important conflict of interest rules; the no- Hogan & Hartson LLP foreign bank & other witness pursuant to the contact rule in New York; multijurisdictional prac- N.Y. CPLR / Fed. R. Civ. P. tice; the misdirected fax: what should you do with I U.S. & foreign criminal issues related to asset it? what if you send one?; offers from whistleblow- concealment ers: trick or treat; law firm alliances with other ser- I Asset recovery strategies for complex cases

16 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 17

Program Chair: DAVID G. KENEPP,CPCU, ARM both general practice attorneys on the transaction- DANIEL E. CLEMENT Assistant VP & Manager al team and key business personnel, and involves Law Offices of Daniel E. Clement Market Conduct Services legal and business considerations pertinent to the Office of Corporate Complaince transaction. This course will address issues arising Faculty: Liberty Mutual from patents, trademarks, copyrights, and unfair FRED L. ABRAMS Boston, MA. competition. Issues relating to confidentiality Attorney at Law agreements, antitrust evaluations, and litigation CHARLES H. KLIPPEL will be covered both in national and international LORI LAPIN JONES Senior Vice President & Deputy General Counsel forums. Lori Lapin Jones PLLC Aetna – Law & Regulatory Affairs Chapter 7 Panel Trustee – E.D.N.Y. Hartford, CT Program Co-Chairs: JAMES R. KLAIBER Live Program (includes materials): PAUL KOHLS Milbank,Tweed, Hadley & McCloy LLP Member $195 Nonmember $305 Assistant Vice President, Government Relations Allianz Life Insurance Company of North America RICHARD RAYSMAN CLE credit: Minneapolis, MN Thelen Reid Brown Raysman & Steiner LLP 2.5 credits in professional practice. This live program provides New York & California transition- TRACEY LAWS Faculty: al/non-transitional credit for all attorneys. Senior Vice President & General Counsel JONATHAN DOHERTY Reinsurance Association of America Partner, Transaction Services Washington, D.C. KPMG LLP INSURANCE ROSANNE MEAD DANIEL C. GLAZER Deputy Commissioner Shearman & Sterling LLP Iowa Insurance Division CURRENT ISSUES IN INSURANCE Des Moines, IA JOHN M. GRIEM, JR. REGULATION 2008 Milbank, Tweed, Hadley & McCloy LLP THOMAS E. WORKMAN 4 Friday, 8:30-1 p.m. President & CEO DAVID A. KALOW Life Insurance Council of New York, Inc. Kalow & Springut LLP The 18th annual program on insurance regulation features regional and national leaders exploring Co-Sponsored with: ABA/Tips Insurance JAMES B. KOBAK, JR topical issues of importance to the insurance Regulation Committee and The Insurance Hughes Hubbard & Reed LLP industry, with opportunities for questions and Federation of New York, Inc. (IFNY). interaction. This year some of the topics to be STEVEN J. RIZZI explored include: market conduct; regulation of Live Program: Thelen Reid Brown Raysman & Steiner LLP the reinsurance industry; an update on health and NYCB/ABA/TIPS/IFNY Member $205 life insurance, and a Regulators’ Roundtable Non-member $315 CHARAN J. SANDHU addressing key issues facing insurers, regulators Weil Gotshal & Manges LLP and consumers. CLE credit: Credit breakdown to be determined. This program Live Program (includes materials): Program Co-Chairs: will be approved for MCLE credit in all MCLE juris- Member $415 Nonmember $665 ROGER M. MOAK dictions. This program does not provide transitional Certified Arbitrator credit for newly admitted attorneys. CLE Credit: 7.5 credits in professional practice. This live pro- FRANCINE L. SEMAYA gram provides New York & California Cozen & O’Connor INTELLECTUAL PROPERTY/ transitional/non-transitional credit for all attorneys. INTERNET Faculty: HON. JOEL ARIO LABOR & EMPLOYMENT LAW Insurance Commissioner Pennsylvania Insurance Department INTELLECTUAL PROPERTY DUE Harrisburg, PA DILIGENCE IN BUSINESS EVIDENTIARY ISSUES IN TRANSACTIONS KARA BAYSINGER EMPLOYMENT LAW Sonnenschein, Nath & Rosenthal LLP 17 Thursday, 9-5 p.m. San Francisco, CA 14 Monday, 6-9 p.m. The object of intellectual property due diligence is CRAIG A. BERRINGTON to identify and evaluate the potential strengths and At this program a distinguished panel of employ- Wiley, Rein & Fielding, LLP risks associated with the intellectual property and ment lawyers will address the "hot topics" in labor Washington, D.C. technology rights in a business transaction. This and employment law. The program will include a program, designed for both general practice and discussion of "me too, evidence." A hypothetical HON. ERIC DINALLO intellectual property attorneys, will focus on the involving FMLA will be examined. This program Superintendent of Insurance practical aspects of conducting an effective intel- is a must for employment lawyers, litigation attor- Department of Insurance, State of New York lectual property due diligence analysis, using both neys and in-house counsel, as well as human lecture and roundtable discussions. Attorneys resources professionals. coordinating an intellectual property due diligence should understand the process, which requires Program Chair: interaction of intellectual property attorneys with DAVID MAREK Liddle & Robinson LLP www.nycbar.org 17 126650 April 08 Notes 3/19/08 11:40 AM Page 18

Faculty: LITIGATION ferent trial presentations that have been used in HON. RONALD L. ELLIS personal injury and commercial litigation trials. United States Magistrate Judge The course will offer insights into ways to make United States District Court, SDNY document intensive presentations that are actually GIANTS OF THE TRIAL BAR: interesting, and ways to use video depositions and Additional faculty to be announced. HANDLING THE HIGH other digital evidence in the presentation of your PROFILE CASE side of a case. Live Program (includes materials): Member $215 Nonmember $325 16 Wednesday, 6-9 p.m. Program Instructor: MIKE ROGERS CLE credit: "The Giants are Back -- Again!" Hear the Giants Attorney at Law 3.0 credits total: credit breakdown to be determined. talk about the unique aspects of handling high Adjunct Professor of Law, Chicago Kent College of This live program provides New York & California profile criminal or civil cases; dealing with the Law transitional/non-transitional credit for all attorneys. client, the press, the prosecutor or adversary, the President, Ronin Consulting Ltd. court, "gag orders," jury selection, co-defendants, trial issues, sentencing guidelines, potential ethi- Live Program (includes materials): WORKPLACE HORRORS: EMPLOY- cal constraints, the use of jury consultants and Member $195 Nonmember $305 MENT DISCRIMINATION other special problems such cases present. CLE credit: 28 Monday, 6-9 p.m. Program Chair: 3.0 credits in professional practice. This live program ROY REARDON provides New York & California transitional/non- transitional credit for all attorneys. Can you determine what constitutes employment Simpson Thacher & Bartlett LLP discrimination? Join us in following the story of a job applicant and her subsequent employment and Faculty: interaction with various employees, including her PAMELA ROBILLARD MACKEY REAL ESTATE supervisor "Johnny Groper" and HR representative Haddon, Morgan, Mueller, Jordan, Mackey & "Tammy Go-Along-Get-Along." Law students will Foreman, P.C. perform in a live play during which problems in the HOT TOPICS AFFECTING workplace arise consistent with those commonly ROBERT G. MORVILLO found in employment discrimination case law. Morvillo, Abramowitz, Grand, Iason, Anello & COOPERATIVES & Following each scene, a distinguished panel will dis- Bohrer CONDOMINIUMS 2008 cuss the issues raised and the potential liability of the employer. Topics will include unlawful questions BRENDAN V. SULLIVAN,JR. 1 Tuesday, 6-9 p.m. in an employment interview, Title VII hostile work Williams & Connolly LLP environment claims, the employer’s response to This program will provide practitioners with an complaints of harassment, and issues pertaining to DAN K. WEBB overview of important issues affecting coopera- termination of employment and retaliation. Winston & Strawn LLP tives and condominiums, including updates on recent case law and legislation and a consideration Program Chair: REID H. WEINGARTER of current issues facing cooperative and condo- PAUL F. MILLUS Steptoe & Johnson LLP minium boards and owners. Snitow Kanfer Holtzer & Millus LLP THEODORE V.WELLS, JR. Program Chair: Faculty: Paul Weiss Rifkind Wharton & Garrison LLP DALE J. DEGENSHEIN JESS A. BUNSHAFT Stroock & Stroock & Lavan LLP Director of Employee Relations Live Program (includes materials): St. Francis Hospital Member $225 Nonmember $335 Faculty: ANDREW P. BRUCKER HOWARD B. LEFF CLE credit: Schechter & Brucker PC Attorney at Law 3.0 credits in professional practice. This live program provides New York & California transitional/non- RONALD JAY GOLD VIRGINIA K. TRUNKES transitional credit for all attorneys. Kagan Lubic Lepper Lewis Gold & Colbert LLP Snitow Kanfer Holtzer & Millus LLP BABETTE KROLIK Live Program (includes materials): TIPS FOR TRIAL LAWYERS WHO Terra Holdings LLC Member $215 Nonmember $325 WANT TO USE TECHNOLOGY TO ORGANIZE & PRESENT CASES STEVEN D. SLADKUS CLE credit: Wolf Haldenstein Adler Freeman & Herz LLP 3.0 credits in professional practice. This live program 30 Wednesday, 6-9 p.m. provides New York & California transitional/non- EVA TALEL transitional credit for all attorneys. Stroock & Stroock & Lavan LLP If you are a litigator who is thinking about using technology in a mediation, arbitration or trial Live Program (includes materials): you should attend this CLE program. The pro- Membe $215 Non-member $325 gram will talk about ways to organize and present information with technology in the litigation CLE credit: process. It will address when to use linear soft- 3.0 credits in professional practice. This live pro- ware like PowerPoint and non-linear presenta- gram provides New York & California tions like Sanction or Verdical. The program will transitional/non-transitional credit for all attorneys. show examples of case story boards, focus group presentations, mediation presentations, and dif- 18 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 19

SEEKING APPROVAL: BOARD CLE credit: related fields, and to all real estate finance, land- GOVERNANCE IN COOPS & 1.5 credits in pofessional practice. This live program lord/tenant, condominium/cooperative, land use, CONDOS provides New York & California transitional/non- not-for-profit and public interest lawyers whose transitional credit for all attorneys. practices are inevitably touched by these concepts.

16 Wednesday, 9-10:30 a.m. Program Chair: FUTURE PERSPECTIVES ON DAVID A. GOLDSTEIN This seminar is intended for attorneys who repre- David A. Goldstein & Associates, PLLC sent cooperatives and condominiums and, in par- AFFORDABLE HOUSING & ECO- ticular, those who serve as directors on coopera- NOMIC DEVELOPMENT IN NEW Keynote Speaker: tive and condominium boards. It will address YORK CITY: POLICY & PRACTICE CHRISTINE QUINN issues concerning board governance, including the Speaker role of counsel, conflicts, indemnification and 18 Friday, 9-1 p.m. New York City Council confidentiality as well as those issues which arise when considering prospective purchasers in both This program will focus on contemporary issues Faculty: cooperatives and condominiums. affecting the preservation and development of BRUCE J. BERGMAN affordable housing and economic development Berkman, Henoch, Peterson & Peddy, P.C. Program Chair: projects in the City, which will be laid on top of a DALE J. DEGENSHEIN foundation summarizing certain structural ele- MATTHEW S. BRETT Stroock & Stroock & Lavan LLP ments of legal practice in these fields. Topics will Belkin Burden Wenig & Goldman LLP include discussions of legislative, lending industry Faculty: and clinical strategies to address the home mort- PETER BRIGHTBILL KENNETH H. AMORELLO gage foreclosure crisis; affordable housing preser- Law Offices of Peter Brightbill Schechter & Brucker PC vation in the wake of expiring subsidy programs; public benefit agreements and the potential impact KENNETH K. FISHER VINCENT DI LORENZO of recent tax abatement legislation and zoning Wolf, Block, Schorr & Solis-Cohen LLP Professor of Law changes on development. In addition the faculty St. John’s University School of Law will address general primer sessions on govern- RICHARD M. FROEHLICH ment-sponsored tax exempt bond finance, low- Executive Vice President and General Counsel EVA TALEL income housing tax credits, rent regulation and New York City Housing Development Corporation Stroock & Stroock & Lavan LLP joint ventures in an affordable housing/economic development context. Live Program (includes materials): Member $195 Nonmember $305 Panel options are designed to appeal both to experienced attorneys practicing in these as well as

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FRANCINE KELLMAN TAX Faculty: Vice President of Housing Policy Coordination WILLIAM D. ALEXANDER New York State Housing Finance Agency Associate Chief Counsel (Corporate) Internal Revenue Service JOHN L. KELLY THE FIFTH ANNUAL INSTITUTE Nixon Peabody LLP ON TAX ASPECTS OF MERGERS PETER H. BLESSING & ACQUISITIONS Shearman & Sterling LLP LYNN M. KELLY PETER C. CANELLOS Executive Director, City Bar Justice Center 23 Wednesday, 5–7 p.m., 24 Thursday, 9:00- Wachtell, Lipton, Rosen & Katz 5:30 p.m. & 25 Friday, 8:30-5:15 p.m. D. HARA SHERMAN GLENN R. CARRINGTON Goulston & Storrs PC The Institute will explore current tax develop- Ernst & Young LLP ments and planning opportunities relating to KAREN SHERMAN mergers and acquisitions. The speakers include JOHN J. CLAIR, JR. Law Offices of Karen Sherman nationally recognized corporate tax specialists Latham & Watkins LLP and top Treasury and IRS officials. The pro- DAVID ROBINSON gram starts on Wednesday evening with a panel EDWARD S. COHEN Senior Staff Attorney entitled "Basic M&A Tax Rules" and continues Deputy Associate Chief Counsel (Income Tax & Legal Services NYC on Thursday and Friday with an in-depth look Accounting) at a full range of issues. JOY F. WILLIG Internal Revenue Service Senior Vice President and General Counsel Program Co-Chairs: JOHN J. CREED New York State Housing Finance Agency MICHAEL L. SCHLER Simpson Thacher & Bartlett LLP Cravath, Swaine & Moore LLP Live Program (includes materials): JULIE A. DIVOLA Member $215 Nonmember $325 SAMUEL C. THOMPSON, JR. Pillsbury Winthrop Shaw Pittman LLP Pofessor of Law and Director, Center for the Study of Mergers & Acquisitions, DAVID P.DUBNER CLE credit: Penn State Goldman Sachs & Co. 3.0 credits total: credit breakdown to be determined. Dickinson School of Law This live program provides New York & California transitional/non-transitional credit for all attorneys.

20 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 21

PETER L. FABER ROBERT H. WELLEN McDermott, Will & Emery LLP Ivins, Phillips, & Barker

KATHLEEN L. FERRELL THOMAS F. WESSEL Registration Davis Polk & Wardwell KPMG LLP Advance registration is advised for live pro- DAVID L. FORST ROSE L. WILLIAMS grams & video replays. An additional fee of Fenwick & West LLP Ernst & Young LLP $25 will be charged for registrations received later than 3:00 p.m. one business PATRICK C. GALLAGHER DIANA L. WOLLMAN day prior to the program. For more infor- Kirkland & Ellis LLP Sullivan & Cromwell LLP mation or to register for a program visit our website at www.nycbar.org, call (212) ERIC W. HILFERS Co-sponsored by Penn State University, The 382-6663, fax (212) 869-4451 or mail your Cravath, Swaine & Moore LLP Dickinson School of Law, Center for the Study registration to: City Bar Center for CLE, of Mergers & Acquisitions New York City Bar, 42 West 44th Street, JEFFREY H. KAHN New York, NY 10036. Professor of Law April 23, 24 & 25 Live Program Penn State Dickinson School of Law (includes materials): Member/Penn State Alum $795 STEVEN A. MUSHER Nonmember $995 Cancellations & Refunds Associate Chief Counsel (International) Internal Revenue Service Early bird special, valid until March 21, 2008 For live programs and video replays, (includes materials): refunds and program credits are available JOSEPH M. PARI Member/Penn State Alum $695 provided cancellation is made in writing Dewey & LeBoeuf LLP Nonmember $895 and received by the City Bar Center prior to the program. DEBORAH L. PAUL April 23rd Pre-Conference Only A $35 administrative fee will be charged for Wachtell, Lipton, Rosen & Katz (includes materials): Member/Penn State Alum $205 all refunds. The cancellation fee will be SUSAN COOPER PHILPOT Nonmember $315 deducted directly from the refund. For pro- Cooley Godward Kronish LLP gram credits no administrative fee will be CLE Credit: charged. Program credits must be used ROBERT A. RIZZI 15 credits total: 13.0 in professional practice; 1.0 in within one year of the original program O'Melveny & Myers LLP ethics & 1.0 in skills. This live program provides date. Cancellations must be in writing, New York & California transitional/non-transition- faxed to the City Bar Center, (212) 869- MATTHEW A. ROSEN al credit for all attorneys. 4451. Skadden, Arps, Slate, Meagher, & Flom LLP Refunds and program credits are not avail- **This program is exempt from the Passport able for the purchase of tapes, CDs, DVDs, JEFFREY B. SAMUELS Series. Paul, Weiss, Rifkind, Wharton & Garrison LLP course materials or online programs. Scholarships are available. Please call (212) AMY SARGENT 382-6663 for an application. Ernst & Young LLP Certificates for attending a program are given out and signed by a CLE staff mem- MARK J. SILVERMAN ber at the end of the program. You are Steptoe & Johnson LLP responsible for keeping a copy of the CLE certificate for your own records. An admin- ERIC SOLOMON istrative fee of $10 will be charged for Assistant Secretary for Tax Policy U.S. Department of the Treasury replacement CLE certificates.

MARK STONE Holland & Knight LLP CLE Credit Information WILLARD B. TAYLOR CLE credit applies to New York and Sullivan & Cromwell LLP California (for live programs only). Illinois JEFFREY C. TROSSMAN credit differs and ethics credits are pending. Blake, Cassels & Graydon LLP

WILLIAM P. WASSERMAN Ernst & Young LLP

www.nycbar.org 21 126650 April 08 Notes 3/19/08 11:40 AM Page 22

APRIL 2008 CLE REGISTRATION FORM

I HOT TOPICS AFFECTING COOPERATIVES & I GIANTS OF THE TRIAL BAR: HANDLING THE HIGH I FINDING HIDDEN ASSETS: WHAT EVERY DIVORCE, CONDOMINIUMS 2008 PROFILE CASE BANKRUPTCY & COMMERCIAL LITIGATOR April 1 April 16 NEEDS TO KNOW Member Non-member Member Non-member April 24 Live Program (includes materials): I $215 I $325 Live Program (includes materials): I $225 I $335 Member Non-member CDs (includes materials): I $335 I $405 CDs (includes materials): I $335 I $405 Live Program (includes materials): I $195 I $305 Videotapes (includes materials): I $405 I $475 Videotapes (includes materials): I $405 I $475 CDs (includes materials): I $335 I $405 DVDs (includes materials): I $445 I $535 DVDs (includes materials): I $445 I $535 Videotapes (includes materials): I $405 I $475 Materials only (no CLE credit): I $105 I $135 Materials only (no CLE credit): I $105 I $135 DVDs (includes materials) I $445 I $535 Materials only (no CLE credit): I $105 I $135 I A PRACTICAL GUIDE TO LLCs & LLPs I ETHICS, DISCIPLINE & REAL WORLD OBLIGATIONS April 2 April 17 I WORKPLACE HORRORS: EMPLOYMENT Member Non-member Member Non-member DISCRIMINATION Live Program (includes materials): I $345 I $485 Live Program (includes materials): I $235 I $345 April 28 CDs (includes materials): I $445 I $615 CDs (includes materials): I $365 I $435 Member Non-member Videotapes (includes materials): I $555 I $685 Videotapes (includes materials): I $435 I $505 Live Program (includes materials): I $215 I $325 DVDs (includes materials): I $605 I $765 DVDs (includes materials): I $475 I $565 CDs (includes materials): I $335 I $405 Materials only (no CLE credit): I $105 I $135 Materials only (no CLE credit): I $105 I $135 Videotapes (includes materials): I $405 I $475 DVDs (includes materials): I $445 I $535 I FEDERAL SENTENCING IN THE AGE OF BOOKER I INTELLECTUAL PROPERTY DUE DILIGENCE IN Materials only (no CLE credit) I $105 I $135 April 3 BUSINESS TRANSACTIONS Member Non-member April 17 I ‘TIL DEATH DO YOU PART…ESTATE PLANNING Live Program (includes materials): I $195 I $305 Member Non-member FOR SPOUSES CDs (includes materials): I $335 I $405 Live Program (includes materials): I $415 I $665 April 29 Videotapes (includes materials): I $405 I $475 CDs (includes materials): I $485 I $655 Member Non-member DVDs (includes materials): I $445 I $535 Videotapes (includes materials): I $595 I $725 Live Program (includes materials): I $205 I $315 Materials only (no CLE credit): I $105 I $135 DVDs (includes materials): I $645 I $795 Videotapes (includes materials): I $405 I $475 Materials only (no CLE credit): I $105 I $135 CDs (includes materials): I $335 I $405 I CURRENT ISSUES IN INSURANCE REGULATION 2008 DVDs (includes materials): I $445 I $535 April 4 I FUTURE PERSPECTIVES ON AFFORDABLE HOUSING & Materials only (no CLE credit): I $105 I $135 NYCB/ABA/ ECONOMIC DEVELOPMENT IN NEW YORK CITY: POLICY TIPS/IFNY & PRACTICE I TIPS FOR TRIAL LAWYERS WHO WANT TO USE Member Non-member April 18 TECHNOLOGY TO ORGANIZE & PRESENT CASES I I Live Program (includes materials): $205 $315 Member Non-member April 30 Live Program (includes materials): I $215 I $325 Member Non-member I THE INSIDER THREAT: ADDRESSING COMPUTER CRIME CDs (includes materials): I $335 I $405 Live Program (includes materials): I $195 I $305 & ABUSE BY CORPORATE INSIDERS Videotapes (includes materials): I $405 I $475 CDs (includes materials): I $335 I $405 April 10 DVDs (includes materials): I $445 I $535 Videotapes (includes materials): I $405 I $475 Member Non-member Materials only (no CLE credit): I $105 I $135 DVDs (includes materials): I $445 I $535 Live Program (includes materials): I $195 I $305 Materials only (no CLE credit): I $105 I $135 CDs (includes materials): I $225 I $275 I SELECTED ETHICS ISSUES IN MEDIATION & Videotapes (includes materials): I $275 I $335 SETTLEMENT NEGOTIATIONS I TOPICAL ETHICAL ISSUES DVDs (includes materials): I $315 I $375 April 23 April 30 I I Materials only (no CLE credit): $105 $135 Member Non-member Member Non-member Live Program (includes materials) I $235 I $345 Live Program (includes materials): I $265 I $375 I HEDGE FUNDS: FORMATION, OPERATION & CDs (includes materials) I $365 I $435 COMPLIANCE Videotapes (includes materials): I $435 I $505 April 14 DVDs (includes materials): I $475 I $565 Member Non-member Materials only (no CLE credit): I $105 I $135 Live Program (includes materials): I $335 I $475 CDs (includes materials): I $445 I $615 I THE FIFTH ANNUAL INSTITUTE ON TAX ASPECTS OF Videotapes (includes materials): I $555 I $685 MERGERS & ACQUISITIONS DVDs (includes materials): I $605 I $765 April 23, 24 & 25 I I Materials only (no CLE credit): $105 $135 Member Non-member Live Program (includes materials): I $795 I $995 I EVIDENTIARY ISSUES IN EMPLOYMENT LAW Early bird special (includes materials): I $695 I $895 April 14 (valid until March 21, 2008) Member Non-member April 23rd Pre-Conference Only I I Live Program (includes materials): $215 $325 (includes materials): I $205 I $315 I I CDs (includes materials): $335 $405 Materials only (no CLE credit): I $175 I $225 Videotapes (includes materials): I $405 I $475 DVDs (includes materials): I $445 I $535 Materials only (no CLE credit) I $105 I $135

I CULTURALLY COMPETENT LAWYERING FOR AT-RISK ALL REGISTRATIONS MUST BE PREPAID BY EITHER CREDIT CARD OR LGBTQ YOUTH: ADVOCATING EFFECTIVELY IN THE A CHECK MADE PAYABLE TO: CITY BAR CENTER FOR CLE OR NEW YORK CITY BAR FOSTER CARE & JUVENILE DETENTION SYSTEMS April 15 Member Non-member Live Program (includes materials): I $165 I $275 Name CDs (includes materials): I $335 I $405 I I Videotapes (includes materials): $405 $475 Address DVDs (includes materials): I $445 I $535 Materials only (no CLE credit): I $105 I $135 City State Zip I SEEKING APPROVAL: BOARD GOVERNANCE IN COOPS & CONDOS April 16 Phone Total Enclosed $ Member Non-member Live Program (includes materials): I $195 I $305 Please charge to my I Mastercard I Visa I American Express CDs (includes materials): I $335 I $405 Videotapes (includes materials): I $405 I $475 DVDs (includes materials): I $445 I $535 Card Number Exp. Date Materials only (no CLE credit): I $105 I $135 Signature

22 www.nycbar.org 126650 April 08 Notes 3/19/08 11:40 AM Page 23

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PROFESSIONAL DEVELOPMENT: THE THREE “Fs” OF MENTORING

ccording to Kathy Morris, Chief When seeking out a mentor, many make the essarily have to be scheduled or take place Training and Professional mistake of only looking to a direct supervi- across a desk. ADevelopment Officer at Sidley sor or someone in the same department or Austin LLP, finding mentors, fostering the practice area. It is important, notes Morris, It is also important to learn to be a good mentor relationship and facilitating your to look beyond this group and seek mentors mentee, advises Morris. Keep requests sim- career through mentoring make up the three who are both like and different from you. ple and ask for small favors. Have key issues "Fs" of mentoring. Speaking to a group of Look to people who work on your floor, who ready to discuss when you meet with the midlevel associates at the program, are in the same affinity group, or on a com- mentor. Be willing to be guided by your Maximizing Mentoring Relationships: mittee with you. Then take it further, think mentor. Listen, really listen to your mentor. Enhancing Your Practice and Professional outside the workplace: social events, CLE You may not always like what you hear but Reputation, Morris advised attendees that programs, bar association committees and you still need to receive the advice and guid- with a little effort they can develop and use alumni networks are all great places to find ance graciously, says Morris, or the mentor mentoring relationships to help them suc- mentors. relationship will break down. Finally, always ceed in the workplace. remember, says Morris, to respect the confi- Often where you least expect it is where you dentiality of the relationship. will find your mentor, say Morris. So push yourself, get out and mingle. Finding a Mentor Facilitating Your Career Many work places offer formal mentor programs. These assigned mentor relationships Fostering the Mentor Relationship Early in your career mentors can help you may or may not be successful or may only learn your way around the office, answer serve only a limited purpose. Although it is Too often mentor relationships fail because basic questions and assist with your early important to welcome these relationships the mentee is reluctant to play an active role professional development. Later, as you the key, says Morris, is to have more than one and thinks it is the mentor’s job to move the progress in your career, your mentor’s role mentor as each serves a different purpose. relationship forward. Rather, says Morris, transforms as well. mentoring is a two-way exchange. You play There are four types of mentors which make a huge part in the success of a mentor rela- No longer, says Morris, is the role of the up a "mentor panel", says Morris: tionship. Be communicative. Take the time mentor to let you know where the bath- to speak to your mentor. You may find that rooms are; rather, the mentor’s role should I The loyal mentor, someone in your firm, he or she is relieved you sought out their evolve to being an ally and advocate. By the often a partner who can guide you with counsel. But remember, advised Morris, time you are a mid-level associate your men- your professional development; don’t communicate only when you want tor should become your champion; someone who helps you gain visibility and opens I A peer mentor, a fellow associate, who can something. up leadership and promotional opportuni- provide candid informal advice; Be appreciative of your mentor’s time. ties. He or she should encourage your inde- I A personal life mentor, a role model who Senior lawyers can feel as overworked as pendence but still remain available to help in has achieved the work/life balance goals junior lawyers and it is important to times of trouble. you are striving for; and expresses your gratitude for the time the mentor is taking to guide you. In consider- The goal of a successful mentor relationship, I A civilian mentor, someone from out- ation of your mentor’s time, suggests says Morris, is to help you, help promote you side the firm who can give you a fresh Morris, offer to talk during an elevator ride and guide you now and for years to come no perspective. down to the first floor or a walk around the matter where you work. block to get coffee. Conversations don’t nec-

PERIODICALS NEW Y ORK CITY BA R

Forty-Fourth Street Notes April 2008