NEW YORK CITY BAR Forty-Fourth Street Notes

COME JOIN A COMMITTEE By Bettina B. Plevan, President

his is the time of year that committee chairs have the satisfaction of making significant contribu- begin to select members for the next “committee tions to the profession and the public. Young lawyers Tyear,” beginning in September. Committee ser- receive all this, and the added benefit of getting to vice is a truly special opportunity in our Association know more senior practitioners, and to know them as because of our rich history of influencing public poli- colleagues. As a young lawyer serving on a commit- Highlights: cy, promoting reform of the law and upholding a tee, I had the opportunity to meet court administra- strong judicial system and high ethical standards. tors and to testify at legislative hearings and learn up- close how law is made, and un-made. February 2006 The Association was founded in 1870 by a group of lawyers seeking to end corruption in government, par- Committee service also gives you a chance to learn Committee Preference ticularly the judiciary, and improve society for the good about issues and entire fields of law outside your Form: Page 2 of all citizens. In the years that followed, the practice. Our array of committees, listed on page 3, is Association expanded its mission to include law wide enough to let you pursue your professional and reform, access to justice, and adherence to the rule of personal inclinations. Our Web site, www.nycbar.org, Symposium on Best law at home and abroad. has brief committee descriptions. Practices for the Hiring, Training, Retention and Our committees are the heart of We encourage you to review the list and respond with Advancement of Women the Association. They issue your interest either by sending in the form on page 2 reports, present public symposia, or by e-mailing the information to committeeser- Attorneys, February 7th: conduct CLE programs, prepare [email protected]. You would benefit by also sending Page 4 amicus briefs, advocate for legis- a resume or brief biography, to give the committee lation and undertake public ser- chairs more of a sense of you. While our committees Everything You vice projects in wide-ranging have limited spaces available and a number of them Wanted to Know About areas of interest and importance are very much in demand, other committees have Administrative Tribunals to the public. Serving on a com- vacancies and would welcome new members even and ALJ's: Practice and mittee will expand your contacts and your horizons, during the course of the committee year. Career Perspectives, and let you develop and use skills not generally called So, if you have not tried it, I encourage you to become February 7th: Page 5 upon in everyday law practice. involved in an Association committee and join more Through committee service you can take leadership than 3,000 City Bar members in this stimulating and City Bar Justice Center roles in Association reports and projects, and generally satisfying activity. Defends Seniors Against Medicare Coverage STATE LEGISLATURE REVIEW: Denials: Page 8 A REAL POSSIBILITY FOR REFORM? Securities Litigation: eform is in the air in New York State govern- ■ Former government employees subject to Current Developments & ment. Legislation passed in the 2005 session inquiries regarding ethics violations will no longer be Strategies, February 2nd: Rshould lead to changes in the way state govern- able to avoid investigation by simply leaving state Page 13 ment does business in 2006. For example: employ. ■ As of the beginning of the 2005 session, Assembly ■ Assembly members can now only serve on a limit- Nominees for City Bar members now actually have to be present in the cham- ed number of standing committees and will be sub- Offices & Committees: ber in order to vote “yes” on a piece of pending legisla- ject to sanctions after missing a certain number of Page 24 tion. (Prior to 2005, legislators swiped in an electronic committee meetings. card at the beginning of the day’s session. If they left ■ The Assembly Rules Committee meetings will be Vol. 21, No. 2 chambers they were counted as voting yes to all pieces open to the public with published agendas. of legislation coming to a vote that day.) ■ Passed by both houses, but not yet enacted, is leg- ■ Lobbyists vying for contracts from state agencies will islation creating an Authorities Budget Office ensur- finally be subject to the same lobbying disclosure ing more reporting and sunlight into the operations requirements as those lobbying the Legislature. of the state’s over-700 authorities. CONTINUED ON PAGE 22 1 Contents

Come Join A Committee 1

State Legislature Review 1

Committee Preference Form 2

Association Committees, Councils and Delegations 3

Calendar of Events 4

City Bar Justice Center Defends Seniors Against Medicare Coverage Denials 8

Diversity: Religious Diversity in the Workplace 10

City Bar Center for CLE 12–20

Committee Reports 23

Professional Development: Law Firm Economics Lead Associates to Specialize Early 24 CITY BAR JUSTICE Nominees for City Bar CENTER Offices & Committees 24

Forty-Fourth Street Notes COMMITTEE PREFERENCE FORM Jayne Bigelsen Editor Matt Kovary Associate Editor If you would like information about your background circulated to the designated committee chairs, please send or email sufficient copies of your resume or biographical information along with this form. Curtis&Company Graphic Design Michael Silverstein Production Assistant Yes! I would like to serve on an Association Committee Adele Lemlek Marketing Director Sharon MacNair Advertising (212) 382-6630 Name Date Barbara Berger Opotowsky Executive Director Here is my order of committee preference: (committees are listed on next page) Printed on recycled paper 1. 2. 3. 44th Street Notes (ISSN 10791019) is pub- lished monthly except July and August for $25 per year by The Association of the Bar of the Business (please send mail here) ■ Home (please send mail here) ■ City of New York, 42 West 44th Street, New York NY 10036-6689. Periodicals postage Office Office paid at New York NY. Postmaster: Send address changes to 44th Street Notes, 42 West Street Street 44th Street, New York NY 10036-6689. For subscription information, please call (212) City/State/Zip City/State/Zip 382-6695. Phone Fax Phone Fax NYC Bar Members: Email Email To change your address, please contact (212) 382-6665 or [email protected] Please return form to: Membership Department, The Association of the Bar of the City of New York, 42 West 44th Street, New York, NY www.nycbar.org 10036-6689, fax to (212) 382-6760, email [email protected]. If you need further information, please call (212) 382-6665.

2 www.nycbar.org ASSOCIATION COMMITTEES, COUNCILS AND DELEGATIONS Association Committees, Councils and Delegations

The Profession, Legal Education Criminal Justice Business Issues (continued) and the Organization of the Bar Capital Punishment Futures Regulation Alcoholism and Substance Abuse Corrections Hotels, Restaurants and Tourism Career Advancement & Management Criminal Advocacy Insurance Law Continuing Legal Education Criminal Courts Investment Management Regulation Fee Conciliation Criminal Justice, Council on Labor and Employment Law Law Student Perspectives Criminal Justice Operations and Mergers, Acquisitions and Corporate Legal Education & Admission to the Budget Control Contests Bar Criminal Law Private Investment Funds Legal History Juvenile Justice Product Liability Lesbian, Gay, Bisexual and Project Finance Governmental Affairs Transgender Rights Science and Law Administrative Law Minorities in the Profession Securities Regulation Election Law New York State Bar Association Sports Law Federal Legislation House of Delegates Structured Finance Government Ethics Professional and Judicial Ethics Telecommunications Law Military Affairs and Justice Professional Discipline New York City Affairs Property Issues Professional Responsibility State Affairs Construction Law Recruitment & Retention of Lawyers Uniform State Laws Cooperative and Condominium Law Small Law Firms Housing and Urban Development Women in the Profession Social, Urban and Consumer Land Use Planning and Zoning Issues Public Service Real Property Law AIDS City Bar Public Service Network Bioethical Issues Tax Issues Housing Court Public Service Projects Children, Council on Condemnation and Tax Certiorari Legal Referral Service Children and the Law Estate and Gift Taxation Legal Services for Persons of Civil Rights Non-Profit Organizations Moderate Means Consumer Affairs Personal Income Taxation Senior Lawyers Domestic Violence State and Local Taxation Thurgood Marshall Summer Law Drugs and the Law Taxation of Business Entities Internship Program Education and the Law Young Lawyers Media, the Arts and Environmental Law Intellectual Property The Justice System Health Law Art Law Alternative Dispute Resolution Legal Issues Affecting People Communications and Media Law Arbitration with Disabilities Copyright and Literary Property Civil Court of the City of New York Legal Issues Pertaining to Animals Entertainment Law Encourage Judicial Service Legal Problems of the Aging Information Technology Law Family Court and Family Law Matrimonial Law Patents Federal Courts Medical Malpractice Trademarks and Unfair Competition Housing Court Mental Health Law Judicial Administration, Council on Pro Bono & Legal Services International Affairs Judiciary Project on the Homeless African Affairs Litigation Sex and Law Asian Affairs Minorities in the Courts Social Welfare Law European Affairs State Courts of Superior Jurisdiction Tort Litigation Foreign and Comparative Law Trusts, Estates and Surrogates’ Courts Transportation Immigration and Nationality Law Women in the Courts Business Issues Inter-American Affairs International Affairs, Council on Association Management and Admiralty International Commercial Disputes Internal Affairs Aeronautics International Environmental Law Association Insurance Plans Antitrust and Trade Regulation International Human Rights Benefit Plans for Association Banking Law International Law Employees Bankruptcy and Corporate International Legal Services Investment of Funds Reorganization International Security Affairs Corporation Law International Trade Entertainment Activities Employee Benefits United Nations Books-at-the-Bar Energy Orchestra Financial Reporting City Bar Chorus Entertainment www.nycbar.org 3 NEW YORK FEBRUARY 2006 CALENDAR CITY BAR 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.

Monday-Tuesday, Jan. 30-31 successfully transitioned to in- to all, including current law stu- 7 Tuesday, 8:30 am-2 pm Wednesday- Thursday, Feb. 1-2 house positions. The panel will dents, new attorneys, and attor- 5 & 8 pm (Mon.-Wed.) include lawyers who have made neys looking to change fields. A SYMPOSIUM ON BEST 4 & 8 pm (Thursday) the transition in-house and a panel of seasoned practitioners PRACTICES FOR THE moderator who has been helping will discuss the day-to-day prac- HIRING, TRAINING, RETEN- FINAL ROUNDS lawyers find in-house positions tice. The program will focus on TION AND ADVANCEMENT for more than two decades. The entry into the practice, knowledge OF THE 56TH ANNUAL OF WOMEN ATTORNEYS NATIONAL MOOT COURT panel will discuss the paths that base, defining the practice areas COMPETITION led them to in-house positions within the specialty, who are the and will offer suggestions on how clients, who is the opposing coun- This symposium is the kick-off you can do the same. sel, size and nature of an immigra- event for the City Bar’s Best Twenty-eight regional winning tion law firm, some of the chal- Practices for the Hiring, Training, teams from across the country Moderator: lenges, post 9/11 changes, etc. Retention and Advancement of will participate in the Final KARIN L. GREENE Women Attorneys. The Best Prac- Rounds of the 56th Annual Principal, Greene-Levin-Snyder Program Chair/Moderator: tices, developed by the Committee National Moot Court Legal Search Group JULIE B. KRASNOGOR on Women in the Profession in con Competition. The 56th Annual Krasnogor & Krasnogor LLP junction with the City Bar’s Diver- Moot Court Competition involves Speakers: sity Initiative, contain practical issues that have not been decided BOBBY LIU suggestions for firms and organiza- by the Supreme Court of the General Counsel, MD Sass 7 Tuesday, 8:30 am tions to help retain and promote United States. The first issue con- Investor Services, Inc. women attorneys. The Symposium cerns whether a law effectuates a will provide an in-depth discussion compensable taking for Fifth INTELLIGENT ALISSA MAKOWER of each Best Practice and several Amendment purposes when such INTERVIEWING: IS THAT Vice President, Senior Counsel, outstanding panels of distinguished law imposes a restriction, compli- WHAT I REALLY LOOK Corporate, Transactions & attorneys and professionals will ance with which may be prohibi- LIKE? Securities, Viacom Inc. share their knowledge and insight. tively expensive. The second issue The Symposium will conclude with involves whether the doctrine of Practice, critique, and improve NANCY B. SALTZMAN a networking lunch for all atten- Rooker-Feldman deprives a lower your performance in job inter- Vice President and General dees and panelists. federal court of subject matter views; see yourself as others see Counsel, Westcon Group, Inc. jurisdiction over claims that the you using videotape feedback; Opening Remarks: losing party in a state court pro- convert an "interrogation" into a GREG WALKER HON. BARBARA S. JONES ceeding could have raised, but did dialogue between equals. Executive Director and Managing United States District Judge, not, in the state court proceeding. Attorney, UBS Securities LLC Southern District of New York Speakers: Presented in conjunction with: STEPHEN ROSEN, PhD Registration by January 27 is nec- Moderators: American College of Trial Lawyers Chairman, Celia Paul essary. The fee, which includes DEBORAH EPSTEIN HENRY Associates/Premium Career breakfast, is $10. Please register Flex-Time Lawyers, LLP Management for Attorneys online at www.nycbar.org 1 Wednesday, 8:30 am AKIKO MIKUMO LORI FREUDENBERGER Weil, Gotshal & Manges LLP Assistant to the General Counsel, HOW TO GO IN-HOUSE 6 Monday, 6:30 pm Brown Raysman Millstein Felder & SHEILA WELLINGTON Steiner LLP For some lawyers, going in-house CAREERS IN Professor, New York University is the ultimate legal job. This pro- Stern Business School gram will explore the various IMMIGRATION LAW Registration by February 3 is neces- ways in which some lawyers have sary. The fee, which includes break- Speakers: This program is designed to pro- fast, is $10. Please register online at LYNN L. BAYARD vide an overview of the practice www.nycbar.org Paul, Weiss, Rifkind, Wharton & of immigration law and is open Garrison LLP

CAROLYN BUCK LUCE Principal, Ernst & Young

4 www.nycbar.org SHEILA BOSTON ■ What is the jurisdiction of the 7 Tuesday, 6-8 pm 8 Wednesday, 6 pm Kaye Scholer LLP tribunals? ■ How are tribunals created? EVERYTHING YOU CONTEXTUAL COMMERCE: MICHELE COLEMAN MAYES ■ What are the legal standards NEED TO KNOW ABOUT THE FUTURE OF MOBILE Senior Vice President and General that are applied? LANDLORD-TENANT MEDIA ■ Counsel, Pitney Bowes Inc. What are the career COURT opportunities? Is there really already a $5 billion EDWARD F. GREENE The Committee on Legal Services dollar market for ringtones and General Counsel, Citigroup As the recent report of the City for Persons of Moderate Means wallpapers worldwide? What other Corporate Investment Bank Charter Commission stated: "The invites Joyce Zimberg to discuss new products does the entertain- City’s administrative law judges non-payment proceedings, ment industry expect to deliver to JOAN GUGGENHEIMER and hearing officers represent the holdover proceedings, HP actions, mobile phones? What are the legal Co-General Counsel, JP Morgan face of justice in our City. The evidentiary requirements, stipula- issues and market ramifications? Chase City’s administrative tribunals— tions, and the function of Find out at our panel on mobile or executive branch courts—are Housing Court personnel. entertainment and media. We will KATHLEEN M. McKENNA often the only forums where citi- discuss what’s really happening Proskauer Rose LLP zens have any significant interac- Speaker: with ringtones, where it has been tion with city government." JOYCE ZIMBERG and where it is going. We will dis- LOUISE M. PARENT Court Attorney, Housing Part, New cuss delivery of full track down- Executive Vice President and We hope you will attend, and York City Civil Court loads, streams, mobile videos and General Counsel, American bring your resumes and questions TV to handheld devices. Panelists Express about participation in the admin- will explore mobile games, text and istrative law process at the munic- 8 Wednesday, Noon-2 pm multimedia messaging, mobile KAREN A. POPP ipal, state and federal level. blogging, community and "loca- Sidley Austin Brown & Wood, LLP PUBLIC AFFAIRS tion-based services" (i.e. the deliv- Speakers: LUNCHEON ery of local information, such as CHRIS SIMMONS CAROL ROBLES-ROMAN movie times, restaurant names or Partner and Chief Diversity New York City Deputy Mayor The Public Affairs Luncheon Series the location of the nearest dry Officer, PriceWaterhouse Coopers cleaner). The panelists will raise LLP RICHARD MURPHY features speakers who address mat- ters of public interest. The issues about the ownership of the Professor, Seton Hall University right to distribute content -- What ESTA E. STECHER School of Law Luncheons provide a forum to enable members of the Bar are the implications of this tech- Executive Vice President and nology? Is music over the PDA a General Counsel, Goldman Sachs HON. PHILIP STRANIERE Association to network, socialize and discuss matters of interest. performance right or a record & Co. Richmond County Civil Court company distribution right? How Judge The Luncheons are open to the public. will actors, writers, and performers MARY JO WHITE be paid for this use—or are these Debevoise & Plimpton LLP LAURA HELD uses permissible under current tal- Chief ALJ, NYC Department of Speaker: JOHN C. COFFEE ent contracts? Please come and Registration by January 30 is neces- Finance bring your questions. sary. The fee, which includes lunch, Professor of Law, Columbia University School of Law is $75 for members; $100 for non- CHARLES D. McFAUL Moderator: members. Attendance at the Deputy Chief ALJ, NYC Office of Topic: Emerging Issues in White Collar Crime STEVEN MASUR Symposium will provide 3 CLE Administrative Trials and Managing Partner, MasurLaw credits. Please register online at Hearings www.nycbar.org. For more infor- Luncheon Chair: JEROME R. ROSENBERG Speakers: mation, please contact Carrie H. GLENN NEWMAN SUSAN POVICH Cohen at (212) 416-8242. President, NYC Tax Luncheon Vice-Chair: VP Business & Legal Affairs Commission/Tax Appeals Universal eLabs Tribunal EMILY CAMPBELL 7 Tuesday, 6-8 pm Registration by February 3 is BILL SANDERS ROBERTO VELEZ VP Digital Sales and Marketing, EVERYTHING YOU Chief ALJ, Office of required to guarantee admission. Registrations received after February Sony Pictures Digital WANTED TO KNOW Administrative Trials and Hearings 3 are subject to availability. The fee, ABOUT ADMINISTRATIVE which includes lunch, is $25. Please BURTON KATZ TRIBUNALS AND ALJ’S: President, Boungiorno USA DIANA ZALPH register on page 7 or online at PRACTICE AND CAREER Director of Adjudication, NYC www.nycbar.org PERSPECTIVES Department of Consumer Affairs

■ Who are the Administrative Judges and Hearing Officers?

www.nycbar.org 5 9 Thursday, 6-8 pm Moderator: Admission is $10 at the door. For Referral Service (LRS), which is NANCY ANN CONNERY more information, please call (212) the oldest and largest referral ser- ELIMINATING Schoeman, Updike & Kaufman, 788-1093. vice in New York State and HOMELESSNESS IN NEW LLP receives 300 to 500 calls each day YORK 2005: A PROGRESS from people looking for legal rep- REPORT Speaker: 16 Thursday, 8:30 am-9:30 am resentation? Please attend this JOEL I. BINSTOK luncheon program, presented by During his first term, Mayor President, York Consulting BREAKFAST SERIES Allen Charne, Director of LRS, to Michael R. Bloomberg embarked LITIGATING IN THE learn how LRS works and how it on an ambitious program to sub- II. How will a Court COMMERCIAL DIVISION – can help you. stantially reduce homelessness in Interpret Your Operating PART II New York. Integral to this effort Expense Provision? You Supported by LexisNexis are several initiatives that will be Might be Surprised! The second part of the breakfast the subject of this program: series will focus on litigating in Registration by February 10 is nec- Housing Stability Plus, PATH, the Mr. Danzig will speak about how the commercial division. The essary. The fee, which includes reorganized emergency assistance courts have interpreted operating series consists of five breakfasts, lunch, is $20 for members; $30 for unit and the Household Stability and tax escalation provisions, and each focusing on various aspects non-members. Please register on Initiative. how the interpretation of those of being a woman in commercial page 7 or online at www.nycbar.org provisions can be affected by litigation, including arbitration The panel discussion will include other provisions in a lease, such as and a view from the bench. The representatives from city, state those relating to appraisals, arbi- other parts in the breakfast series 21 Tuesday, 7:30 pm and federal government, a policy tration and an "integration" are scheduled as follows: Part III analyst, public benefits expert and clause. - March 16, Part IV -April 20, and THE ORISON MARDEN service providers, moderated by a Part V - May 18. LECTURE prominent New York journalist. A Moderator: Role of Lawyers in the substantial segment of the pro- NANCY ANN CONNERY Moderator: Rule of Law: Why gram will be devoted to questions Schoeman, Updike & ANDREA MASLEY Professionalism Still Matters and comments from the atten- Kaufman, LLP Principal Court Attorney to Judge dees, who will include those most Charles Ramos, NYS Supreme Welcome: affected by the initiatives. Speaker: Court, Commercial Division BETTINA B. PLEVAN DOUGLAS DANZIG President, New York City Bar Moderator: Partner/Chair, Real Estate Practice Speakers: Association GREG DAVID Group TRACEE DAVIS Editor, Crain’s New York Business Fulbright & Jaworski L.L.P. Zeichner Ellman & Krause Speaker: LOUIS A. CRACO Speakers: Registration by February 3 is neces- MELISSA CRANE Chair, New York State Judicial LAUREN BHOLAI-PARETI sary. The fee, which includes lunch, Principal Court Attorney to Institute on Professionalism Council on Homeless Policies & is $20 for members and $30 for Justice Karla Moskowitz in the Law Services non-members. Please register on page 7 or online at www.nycbar.org Registration by February 10 is nec- Chair: DENNIS CULHANE, Ph.D essary. The fee for the series is $60. PETER G. EIKENBERRY University of Pennsylvania The fee for individual breakfasts is Chair, The Orison Marden 10 Friday, 6 pm $15. Attendance is limited. Please Lecture Committee register online at www.nycbar.org. 10 Friday, Noon-2 pm FRIDAY EVENING For more information, please con- CHAMBER MUSIC AT tact Andrea Masley at (917) 805- 28 Tuesday, 8:30 am - 10 am DIRT LAWYERS THE ASSOCIATION 6267 or Carrie Cohen at LUNCHEON– Park Avenue Chamber (212) 416-8242. PROFESSIONAL Two-part discussion Symphony Woodwind DEVELOPMENT BREAKFAST WORKSHOPS Quintet 16 Thursday, 12:30-2 pm I. Money Saving Tips for SERIES FOR MID-LEVEL Operating Expense & Other Works to be performed will SMALL LAW FIRM ASSOCIATES Additional Rent Charges include Paul Hindemith's "Kleine LUNCHEON Kammermusik" and Paquito WORKSHOP V Mr. Binstok will discuss how the D'Rivera's "Aires Tropicales" with Business Opportunities operating expense and other addi- Barbara Thomashower, flute; Through the Association's Establishing Strategic Alliances tional rent charges are billed and Gretel van Walterop, oboe; Mark Legal Referral Service give tips on how to help your Lopeman, clarinet; Dan Schulze, Networking is really the art of client/tenant not be overcharged. horn; and Ted Shapiro, bassoon. Are you looking to expand your establishing and cultivating client base? Would you like to join the panel to receive referrals from the Association's Legal 6 www.nycbar.org strategic alliances. This workshop Upcoming Professional created an environment filled Moderator: will provide associates with the Development Breakfast with people you'll want to meet - ANDREW CHAPIN “rules of engagement”: ways to Workshops and who'll want to meet you. Career Counselor, Fordham develop a wide variety of profes- Make opportunities, cross-mar- University School of Law sional contacts within the legal Project Leadership ket, learn something you didn't and business communities and Thursday, March 23rd know before. A wine and cheese Speakers: seek mutually beneficial goals, reception will begin at 6:00 pm PHILIP ANDERSON followed by the Speed Assistant District Attorney, while functioning within proper Getting into the Spotlight: Networking event. This program Narcotics Investigation Bureau, business and social protocols. Increasing Your Exposure is intended for practicing lawyers Queens County District Associates will learn valuable tips and Authority Within (and on: only and not open to vendors. Attorney's Office Outside) the Firm Tuesday, April 25th ■ Creating a great first Registration by February 24 is nec- MILAGROS impression essary. The fee is $20. Please regis- ROSARIO ARZUAGA Developing Professional ■ Finding topics of mutual ter online at www.nycbar.org. For Senior Attorney, Harlem Legal and Client Relationships interest more information, please contact Services Thursday, May 25th ■ Making connections count [email protected] ■ Creating benefit for others. JACOB LOUIS STEVENS 28 Tuesday, 6-8 pm Senior Trial Attorney, Bronx Speaker: 28 Tuesday, 6:30-8 pm Defenders MARY R. CRANE SPEED NETWORKING – Mary Crane & Associates FAST BUSINESS FOR BUSY CAREERS IN LITIGATION DERRICK CRAWFORD WOMEN Counsel for Policy and Litigation, 11⁄2 CLE credits in practice manage- Law students wonder what to National Football League ment. This program does not pro- expect in real practice, and how Join us for Speed Networking, the vide transitional credits for newly to develop the kind of career that ADAM S. ZIFFER easy way to meet accomplished admitted attorneys. This event has most interests them. For those Dickstein Shapiro Morin & women. Speed Networking is the no fee for members and attorneys who are considering a career in Oshinsky LLP, Litigation & fast and efficient way to meet from sponsoring firms. There is a litigation, this panel will be very Dispute Resolution Group referral sources -successful, $45 fee for non-members. Please informative. Six practicing attor- knowledgeable women from New register through CLE at neys discuss their varied career CAROLYN WOLPERT York law firms with a wide range www.nycbar.org. paths and positions in litigation Deputy Chief, Pensions Division, of expertise. Marrying the tech- and answer your questions. New York City Law Department niques of "speed dating" with the professional opportunities of a Please RSVP at networking cocktail party, we've [email protected]

February 2006 Luncheon Registration Form

■ Public Affairs Luncheon – 8 Wednesday ■ The fee is $25. ■ Dirt Lawyers Luncheon – 10 Friday ■ The fee is $20 for members, $30 for non-members. ■ Small Law Firm Luncheon – 16 Thursday ■ The fee is $20 for members, $30 for non-members.

Name Number of Reservations

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Please charge to my ■ Mastercard ■ Visa ■ American Express

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Phone Signature Please return this form to: Meeting Services, New York City Bar, 42 West 44th Street, New York, NY 10036-6689. Please make checks payable to the Association of the Bar. If registering for additional persons, duplicate this form.

www.nycbar.org 7 CITY BAR JUSTICE CENTER

CITY BAR JUSTICE CENTER DEFENDS SENIORS AGAINST MEDICARE COVERAGE DENIALS Volunteer Lawyers Take On New Prescription Drug Plan

e read about it in the newspaper, And it gets only more confusing. Many people Medicare premiums, cost-sharing payments saw ads on the sides of buses and have comprehensive medical insurance pack- and many critical benefits not covered by Wcommercials on TV, and those of us ages that include prescription drug benefits Medicare, including prescription drugs. Unlike who are Medicare recipients received moun- through their employer-sponsored or union other Medicare beneficiaries who could choose tains of information in the mail. Everyone retirement plans. Along with all the mail they whether or not to enroll in a Part D plan, the knew about it but everyone was confused. have been receiving from soliciting drug plans, Dual Eligibles had no choice. Under the new AARP, the Social Security Administration and, law, they were automatically enrolled in a "It," of course, is the new Medicare prescription of course, Medicare, they may have received a Medicare Part D plan prior to January 1st, at drug plan – "Medicare Part D" of the Medicare notice from their retirement plan indicating which time their virtually unrestricted Prescription Drug, Improvement, and that their entire health package will be termi- Medicaid drug coverage ended. Modernization Act of 2003 – that went into nated if they enroll in a separate Part D plan. effect on January 1, 2006. This voluntary and Despite the requirement that Dual Eligibles be Also, once enrolled in a Part D plan, most peo- privately administered program, which has automatically enrolled in a Part D plan prior to ple will not be able to switch plans until the made the most significant change in health January 1st, the possibility for error – human next open enrollment period, which is from care for seniors since Medicare was enacted 40 or computer-generated – assured that the tran- November 15 to December 31, 2006, even if years ago, is meant to provide 42 million sition from Medicaid drug coverage to their drug needs change. The participating seniors and disabled persons nationwide with Medicare drug coverage would not be seamless plans, however, can change their formularies access to affordable prescription drug coverage. and that some of the nation’s most disadvan- and take drugs off a plan at any time. taged and vulnerable would find themselves While the program undoubtedly will assist mil- While people can use the government’s user- without any effective drug coverage on January lions of low-income people obtain needed pre- friendly internet tools to find and compare 1st. Indeed, at the beginning of January, thou- scription medication at low cost, the complex- plans, or call 1-800-MEDICARE to get person- sands of people were unable to obtain their ity of the law and the overwhelming choice of al assistance from a counselor over the tele- prescribed drugs because the computer system plans has caused tremendous fear and confu- phone, these options do not work for many was unable to verify their coverage. Moreover, sion among the very populations meant to be seniors who do not have access to (or familiar- the required automatic enrollment was to ran- served. For example, in New York State, there ity with) computers or have been stymied by domly selected plans that did not necessarily are 46 different stand-alone drug plans and an the onslaught of information that they have cover the individual’s needed medications or even larger number of managed health plans been receiving. Many seniors are so frustrated include his or her local pharmacy in the plan’s that provide drug coverage, each with different that they are refusing to consider enrolling in a network of pharmacies. Thus, on January 1st, drug formularies (i.e., the list of drugs and Part D plan, even if they do not already have many Dual Eligibles found that they no longer dosages that a particular plan will cover), pre- prescription drug coverage. had coverage for some or all of their prescrip- miums, deductibles, cost-sharing tiers, utiliza- tion drugs or found that the pharmacy that tion processes, and member pharmacies. Large Of particular concern are the "Dual Eligibles," they had been using for years was not part of numbers of seniors and disabled persons have those seniors and disabled persons who, before the plan into which they had been enrolled. not responded to the numerous bureaucratic January 1, 2006, were enrolled in both notices that they have received in the mail, have Medicaid and Medicare. The Dual Eligibles number about 6.4 million nationwide and not picked a plan, or have picked a plan that The Justice Center Gets Involved does not provide sufficient coverage of the almost 600,000 in New York and make up the drugs that they need, resulting in their inabili- nation’s poorest and sickest seniors and dis- The need for learning more about this new ty to obtain what, in many instances, could be abled persons. Before Medicare Part D became benefit, and how to navigate the information life-sustaining medications. effective, Medicare had covered their basic sources, clearly is tremendous. Since last sum- health services, including physician and hospi- mer, the City Bar Justice Center’s Elderlaw tal care, while Medicaid had covered their Project has been working with legal services organizations and advocacy groups through- out New York City to increase public awareness and develop strategies for legal responses to 8 www.nycbar.org problems arising from Medicare Part D. From including health care and Medicare Part D. As trained to handle Medicare Part D appeals. community outreach and education, to the anticipated, the bulk of the calls concern The appeals, which include an administrative recruitment and training of volunteer attor- Medicare Part D and the staff has been spend- hearing, are straightforward, fact-based, and neys to represent seniors on Medicare Part D ing considerable time assisting clients in select- wonderful experiences for young associates appeals, the City Bar Justice Center staff has ing Part D plans and in explaining the interplay who have never had any client or courtroom been working to ensure that society’s most vul- of Part D benefits with other prescription drug experience. More importantly, these attorneys nerable members obtain the best coverage to programs. are providing an invaluable service in what, for which they are entitled under Medicare Part D. However, despite all the outreach and assis- many, could be life-threatening situations. In the fall, with the help of students from a tance provided by legal services and advocacy Columbia Law School clinic, the Elderlaw groups throughout the city, when the new drug More help is needed. If you are a lawyer and Project began conducting presentations on the law went into effect, hundreds of seniors and are interested in volunteering, please contact new prescription drug program to seniors and disabled persons were unable to obtain the pre- Luz Laulo, the Elderlaw Project Coordinator, at staff at local senior centers. They also trained scription drugs they needed. Although there is [email protected] or 212-382-8858. the staff at those centers on how to help low- an appeals process, it is cumbersome and the income seniors apply for "Extra Help," the gov- law places the burden of establishing medical ernment’s term for a low-income subsidy that necessity on the individual. Without represen- helps cover the costs of premiums, deductibles tation, many people will forgo appealing or will Contact and co-payments, and on how to use the on- lose their hearings because they are unable to line tools designed for assisting people to gather and properly present the evidence. In Information for choose the plan best suited for their individual either case, the results could be disastrous. needs. The staff followed some of those group People, especially the old and disabled, need Seniors presentations with individual one-on-one ses- their medications. Our senior hotline is sions with seniors to assist them in picking the Anticipating a need for volunteer attorneys to right plan. represent people appealing Medicare Part D available to all seniors in In December 2005, having been awarded a two- denials of coverage, the Elderlaw Project collab- the state, regardless of year grant from the federal Administration on orated with the Medicare Rights Center to income and resource levels. the Aging, the Elderlaw Project and Legal develop a Medicare Part D appeals project. The Services for the Elderly jointly launched the Medicare Rights Center is a nationwide con- Calls from outside New New York Seniors Legal Assistance Project sumer service organization that provides infor- York City will be toll-free. (NYSLA), a statewide senior helpline. This mation and assistance to older and disabled The number within statewide project offers advice and brief ser- persons on Medicare. Two law firms – Arent vices over the telephone on legal issues that Fox and Kirkland & Ellis – have assembled New York City is most commonly affect low-income seniors, groups of interested volunteers who have been (646) 442-3333; and outside the five boroughs is (866) 382-7955. The Project will operate from 10 a.m. to 1 p.m. on Mondays, Wednesdays and Thursdays; and from 5 p.m. to 8 p.m. on Tuesdays.

Vivienne Duncan, the director of the City Bar Justice Center’s Elderlaw Project, with Columbia Law School Professor Mary Zulack and two of her students after their presentation at a local senior center. www.nycbar.org 9 on religious diversity in the legal profession. in the workplace. Diversity The panel, which was composed of lawyers of ■ Review firm policies and practices, several different faiths, included: Moise including soliciting for feedback from staff RELIGIOUS Waltner, Program Officer, The Interfaith members of different faiths, to ensure they Center of New York; Mohammed H. Fadel, are perceived as equitable. Associate, Sullivan & Cromwell LLP; Bajindar DIVERSITY IN THE Kaur, Partner, Law Firm of Kaur, Krishna & ■ Make reasonable efforts to accommodate WORKPLACE Sharkey, P.C.; and Michael H. Michael, the unique religious needs of employees. Partner, Michael & Swerdloff, LLC. ■ Consider dietary and ethical restrictions of religious employees when planning holi- rguably, New York City, one the most day parties, meetings, workshops and other culturally diverse cities in the world, is Recommendations events, in and outside of the office. also one of the most religiously A In an effort to be inclusive of different beliefs ■ Accommodate employees’ need for pri- diverse. Legal employers in New York are faced and cultures, employers must balance accom- vate space, such as unused conference with the challenge of accommodating a wide modating employees’ different religious needs rooms, for them to pray, meditate and per- spectrum of religious needs and employees with sensitivity. form other acts of religious expression. with varying levels of religious commitment. It is important to accommodate the unique Dealing with religious diversity requires a ■ Find ways to mitigate conflicts between religious needs of employees and maintain an careful balancing act. On one hand, employers religion and other diversity issues such as environment of professionalism in order to should be inclusive of employees’ different sexual orientation. religious beliefs and degrees of religiosity. Yet, promote and foster diversity within a firm. ■ Ensure workplace flexibility. Religious diversity also leads to a better under- employers should also be sensitive to employ- standing of the different customs and beliefs of ees’ desire for privacy with respect to religious ■ Ensure flexible work policies are avail- international and multicultural clients. expression and avoid the imposition of reli- able for various reasons, including religious gious beliefs of some into the lives of others. observation. Key Facts Here are some suggestions for addressing reli- ■ Explore ways flexible work arrange- ■ According to a Gallup poll, 95% of gious diversity in the workplace: ments can be used for those observing reli- Americans believe in God or a universal spirit gious holidays and weekly Sabbath require- ■ Learn about the religious beliefs and and 48% had discussed their faith at work practices of employees. ments. within 24 hours of being polled ("Religion in ■ Consider providing a certain number of the Workplace: The growing presence of spiri- ■ Become familiar with key holidays that "floating holidays," which employees can tuality in Corporate America," Businessweek may require adherence to fasting, changing use when they like. Online, 1999). diets, praying or other practices that may affect employees during work hours. For more information about religious diversi- ■ In 2001, 71% in New York State identify as ty in the legal profession or upcoming diversi- Christians, 13% as no religion, 5% as Jewish, ■ Allow for structured settings to permit ty working group sessions, please contact 1.9% as Muslims, and 1.7% as Eastern employees to learn about the different reli- the New York City Bar’s Office for Religions (e.g., Buddhist, Sikh, Hindu.) gious practices of their fellow employees, Diversity: Meredith Moore, Director, at Muslims have been the fastest growing religion e.g., through lunch and learn sessions. [email protected], or Elizabeth Kowalczyk, in the state, experiencing a 132% growth since ■ Incorporate religious diversity into Assistant, at [email protected]. 1990. Compared to the US as a whole, NY has existing diversity training to promote a considerably higher representation of Jews understanding and ease religious tensions and Muslims. (American Religious Identification Survey, 2001.) ■ Title VII of the Civil Rights Act of 1964 pro- hibits employers from discriminating against individuals because of their religion. Employers are obligated to provide reasonable accommodation for employees’ religious needs, unless it will cause an undue hardship for the employer (The U.S. Equal Employment Opportunity Commission, 2005). ■ Religion-based charges with the Federal Equal Employment Opportunity Commission have increased 40% in the past ten years, mak- ing them the third-fastest-growing claim behind sexual harassment and people with disabilities (Equal Employment Opportunity Commission, 2005). On November 17, 2005 the City Bar’s Office for Diversity and the Interfaith Center of New York hosted a working group session focused November's diversity panel, from left to right: Moise Waltner, Mohammed Fadel, Bajindar Kaur, and Michael H. Michael. 10 www.nycbar.org Exclusive homes deserve exclusive loans.

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For more details on high deductible health plans, call Marsh Affinity Group Services at Affinity Group Services 888-88-ABCNY (888-882-2269) or e-mail [email protected]. For more Seabury & Smith www.MarshAffinity.com Insurance Program Management information on HSAs, visit . 777 S. Figueroa St., Los Angeles, CA 90017 [email protected] (*4% in 2005 through Exante Bank.) 888-88-ABCNY • CA License #0633005 www.nycbar.org 11 CITY BAR CENTER FOR CLE FEBRUARY 2006 CLE COURSE CALENDAR

Monday Tuesday Wednesday Thursday Friday 1 2 3 9-5:30 p.m. SECURITIES LITIGATION: CURRENT DEVELOPMENTS & STRATEGIES 8 credits

6-9 p.m. BASICS OF REAL ESTATE LENDING 3 credits* 6 7 8 910 6-9 p.m. 6-8 p.m. 6-9 p.m. 9-12:30 p.m. 9-12 p.m. NEW YORK CIVIL BEYOND STRANGI: WHAT YOU NEED TO Video Replay: MOLD Video Replay: PRACTICE UPDATE COPING WITH THE KNOW ABOUT THE COVERAGE ISSUES: ETHICAL 3 credits* CURRENT STATE OF NEW 2005 SECURITIES PAST, PRESENT & CONSIDERATIONS GIFT & ESTATE OFFERING REFORM FUTURE FOR CORPORATE TAXATION OF FAMILY 3 credits* 31⁄2 credits INVESTIGATIONS PARTNERSHIPS 3 credits 2 credits*

13 14 15 16 17 9-12 p.m. 6-9 p.m. 6-9 p.m. Video Replay: ADR IN USING THE MEDIA LAWYERS IN THE DOCK: THE PROFESSIONAL ETHICALLY & WHEN DOES GOOD SPORTS WORLD: THE EFFECTIVELY FOR LAWYERING BECOME SIMILARITIES, YOURSELF & YOUR CRIMINAL CONDUCT? DIFFERENCES, PROS CLIENTS 3 credits* & CONS 3 credits* 6-9 p.m. 3 credits PRIVATE EQUITY FUNDS: STRUCTURES, TERMS & CONDITIONS 3 credits* 20 21 22 23 24 9-5:15 p.m. 6-9 p.m. 6-9 p.m. 9-4:30 p.m. Video Replay: IMMIGRATION PRACTICE LEGAL ETHICS: OUNCES OF ARTICLE 81: CERTIFIED INTELLECTUAL IN FEDERAL COURTS: PREVENTION THAT AVOID TRAINING FOR PROPERTY DUE HOW TO GET IN UNDER A TON OF TROUBLE GUARDIANS, COURT DILIGENCE IN THE NEW RULES 3 credits* EVALUATORS & BUSINESS 3 credits* ATTORNEYS FOR ALLEGED TRANSACTIONS: INCAPACITATED PERSONS COMPLYING WITH 7 credits* MYRIAD BUSINESS & LEGAL ISSUES 8 credits 27 28 6-9 p.m. 6-9 p.m. ABCs OF FINANCIAL THE ROLE & STATEMENTS RESPONSIBILITY OF 3 credits* CORPORATE COUNSEL: WHAT ARE THEIR GATEKEEPING OBLIGATIONS? 3 credits*

*This program provides transitional credit for newly admitted attorneys. 12 www.nycbar.org FEBRUARY 2006 CLE CALENDAR

CORPORATE & SECURITIES Program Chair: ROBERT S. KHUZAMI LAWRENCE J. ZWEIFACH Managing Director, Legal Department SECURITIES LITIGATION: Heller Ehrman LLP Deutsche Bank AG CURRENT DEVELOPMENTS & STRATEGIES Faculty: RICHARD BEMPORAD MARK A. KIRSCH Lowey Dannenberg Bemporad & Selinger, P.C. Clifford Chance US LLP 2 Thursday, 9-5:30 p.m. DANIEL L. BERGER DANIEL J. KRAMER Co-sponsored by the Greater New York Bernstein Litowitz Berger & Grossmann LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP Chapter of the Association of Corporate Counsel HANNAH BERKOWITZ RICHARD A. MARTIN General Counsel - Litigation Heller Ehrman LLP The corporate scandals and changes in case UBS Financial Services Inc. law have altered the landscape dramatically ABBY S. MEISELMAN and increased the stakes involved in litigating JULIE BLACKMAN Associate General Counsel securities cases. In the post-Enron world, it is Trial Strategy Consultant Bank of America, N.A. critical that securities litigators stay current! Julie Blackman & Associates, LLC MARIAN ROSNER An expert faculty of highly experienced and JOHN K. CARROLL Wolf Popper LLP well-known securities litigators will discuss Clifford Chance US LLP important developments in securities litiga- SHERRIE R. SAVETT tion and offer strategies and tactics for prose- MICHAEL P.CARROLL Berger & Montague, P.C. cuting and defending these cases. The faculty Davis Polk & Wardwell will discuss securities cases brought against PAUL C. SAUNDERS issuers, underwriters, audit firms and officers MICHAEL J. CHEPIGA Cravath, Swaine & Moore LLP and directors, and provide practical experi- Simpson Thacher & Bartlett LLP ence from the trenches. This course will offer JEFFREY T. SCOTT outside and in-house counsel an overview of FREDERICK C. DUNBAR Sullivan & Cromwell LLP cutting-edge issues in securities litigation, Senior Vice President ranging from nuts and bolts principles to NERA Economic Consulting ALEXANDER R. SUSSMAN sophisticated strategic advice. Fried, Frank, Harris, Shriver & Jacobson LLP JONATHAN N. EISENBERG The course will include the following topics: First VP and Co-Head – Global Litigation, ANDREW L. WEINBERG Employment and Regulatory Law Director and Senior Counsel ■ Strategies for prosecuting and defending Merrill Lynch & Co. Deutsche Bank Securities Inc. securities class actions ■ The latest case law regarding the standard JAMES D. GOLDSMITH RICHARD D. WEINBERG for pleading claims under the Reform Act Associate General Counsel First V.P. and Assistant General Counsel ■ Trends in securities litigation against KPMG LLP Merrill Lynch & Co. auditors ■ Recent developments in the liability of STUART M. GRANT MICHAEL R. YOUNG underwriters Grant & Eisenhofer, P.A. Willkie Farr & Gallagher LLP ■ Damages and loss causation: the impact of Dura Pharms., Inc. v. Broudo SALVATORE J. GRAZIANO DAVID M. ZORNOW ■ Audit committee member liability: the Milberg Weiss Bershad & Schulman LLP Skadden, Arps, Slate, Meagher & Flom LLP impact of Sarbanes-Oxley ■ How to use experts effectively in securities RONALD B. HAUBEN Live Program: litigation Associate General Counsel Member $375, Non-member $515 ■ Trends in the settlement of securities Ernst & Young LLP cases: the significance of the Enron and CLE credit: WorldCom settlements ROBERT N. KAPLAN 8 credits total: 71⁄2 professional practice/prac- ■ Corporate internal investigations: the Kaplan Fox & Kilsheimer LLP tice management & 1⁄2 ethics. This program advantages and pitfalls does not provide transitional credit for newly ■ Preparing securities cases for trial JAY B. KASNER admitted attorneys. Skadden, Arps, Slate, Meagher & Flom LLP

www.nycbar.org 13 WHAT YOU NEED TO KNOW PRIVATE EQUITY FUNDS: ELDER LAW ABOUT THE NEW 2005 SECURI- STRUCTURES, TERMS & TIES OFFERING REFORM CONDITIONS ARTICLE 81: CERTIFIED TRAINING FOR GUARDIANS, COURT 8 Wednesday, 6-9 p.m. 16 Thursday, 6-9 p.m. EVALUATORS & ATTORNEYS FOR ALLEGED INCAPACITATED An expert panel will discuss the new and This program will provide an overview of the PERSONS amended SEC rules, effective December 1, contractual, regulatory and market issues 2005, significantly modernizing the securities involved in organizing different types of pri- 24 Friday, 9-4:30 p.m. offering process under the Securities Act of vate equity funds, including buyout funds, 1933, including: expanding communications venture capital funds and mezzanine funds. It In order to serve as Guardian, Court Evaluator permitted prior to and during registration; will cover the basic terms and conditions or Attorney for Alleged Incapacitated Persons, revising shelf, other registration and offering found in almost all private equity funds, pursuant to Article 81 of the Mental Health practices in light of current technologies, par- including those relating to distribution water- Law, a person is required to receive training ticularly the Internet; clarifying liability provi- falls, management fees, investment limitations, approved by the Guardian and Fiduciary sions; and imposing additional disclosure "key person" triggers, "no-fault divorces" and Services of the Office of Court Admin- obligations. The presentation will include an "clawbacks." The program will address alter- istration. New Part 36 of the Rules of the overview of the new and amended rules and native products for investing in private equity, Chief Judge establishes training requirements the policies and trends behind them. In addi- including hybrid funds and hedge funds. In for appointment as a guardian, court evalua- tion, the presentation will discuss in detail addition, the program will consider the vari- tor or attorney for alleged incapacitated per- how the rules impact different types of issuers ous structures for private equity funds and sons. This all-day course will meet the train- and change existing registration and offering address the issues arising from the arrange- ing requirements for appointment as a practices. Particular focus will be on the new ments among the professionals of a private guardian, court evaluator or attorney for categories of issuers, specific permitted com- equity fund. Finally, it will explore certain alleged incapacitated persons and those who munications significantly changing the former regulatory regimes that affect fund formation, attend the full day will receive a certificate of quiet period and gun-jumping framework including the Investment Company Act of training. (including a new regime for free writing 1940, the Investment Advisers Act of 1940, the prospectuses, road shows and websites), new Securities Act of 1933, the Employee Program Co-Chairs: prospectus delivery requirements and new dis- Retirement Income Security Act of 1974 and MATTHEW J. NOLFO closure required in reports under the state freedom of information laws. Law Offices of Matthew J. Nolfo Securities Exchange Act of 1934. Program Chair: PEACHETTA DeFREITAS Program Chair: MARCO V. MASOTTI Law Office of Alfreida B. Kenny GARY J. SIMON Paul, Weiss, Rifkind, Wharton & Garrison LLP Hughes Hubbard & Reed LLP Faculty: Faculty: PEGGY J. BARBANEL Faculty: STEPHANIE R. BRESLOW Law Offices of Peggy Barbanel CHRISTOPHER S. AUGUSTE Schulte Roth & Zabel LLP Kramer Levin Naftalis & Frankel LLP PATRICIA A. BORIS, A.C.S.W. JENNIFER J. BURLEIGH St. Luke's-Roosevelt Hospital RACHEL B. GOLDMAN Debevoise & Plimpton LLP Vice President and Counsel FERN FINKEL Giuliani Partners LLC STEPHEN CULHANE Law Office of Fern Finkel King & Spalding LLP RICHARD A. RUBIN CLAUDIA FINE Troutman Sanders LLP YUKAKO KAWATA Chief Professional Officer Davis Polk & Wardwell Senior Bridge CLE credit: 3 credits in professional practice/practice JEFFREY B. SAMUELS ALFREIDA B. KENNY management. This program provides transi- Paul, Weiss, Rifkind Wharton & Garrison LLP Law Office of Alfreida B. Kenny tional credit for newly admitted attorneys. CLE credit: CLIFFORD A. MEIROWITZ Live Program: 3 credits total: credit breakdown to be deter- Law Offices of Clifford A. Meirowitz, P.L.L.C. Member $195, Non-member $305 mined. This program provides transitional credit for newly admitted attorneys. Portions IRA SALZMAN of this program may qualify for CPE credit. Goldfarb Abrandt Salzman & Kutzin LLP

Live Program: JAY J. SANGERMAN Member $195, Non-member $305 Jay J. Sangerman, PLLC

EDWARD M.VIRSHUP The Office of Edward Virshup

14 www.nycbar.org Additional Faculty TBA DANIEL W. MORRISON MADELINE J. RIVLIN Bleakley Platt & Schmidt LLP Adjunct Professor Live program: Pace University School of Law NYCB Member, Non-Legal Professional & SUSAN NEUMAN Family Member $315, Non-member $455 President Live Program: Environmental Insurance Agency, Inc. Member $195, Non-member $305 CLE credit: 7 credits total: 4 professional practice/practice JOHN G. NEVIUS CLE credit: management, 21⁄2 skills & 1⁄2 ethics. This pro- Anderson, Kill & Olick, P.C. 2 credits in professional practice/practice gram provides transitional credit for newly management. This program provides transi- admitted attorneys. KENNETH L. ROBINSON tional credit for newly admitted attorneys. Robinson & Associates, P.C.

ENVIRONMENTAL LAW ANN M. WAEGER ETHICS Farer Fersko, P.A. Video Replay: MOLD COVERAGE Video Replay: ETHICAL CONSID- ISSUES: PAST, PRESENT & CLE credit: ERATIONS FOR CORPORATE 1 FUTURE 3 ⁄2 credits total: 2 professional practice/prac- INVESTIGATIONS tice management & 11⁄2 skills. This video replay does not provide transitional credit for 9 Thursday, 9-12:30 p.m. 10 Friday, 9-12 p.m. newly admitted attorneys. This video replay will evaluate coverage for This seminar will explore current issues and Video Replay: mold under current property and homeown- recent developments relating to ethical duties Member $195, Non-member $305 er's policies, as well as under conventional and responsibilities of attorneys and other general liability policies. Coverage for mold participants in corporate internal investiga- under the new specialty insurance products tions involving public companies. These will also be featured. A panel of national ESTATE PLANNING issues will be discussed from the point of view experts will describe and analyze the conven- of counsel for the corporation, investigating tional and new insurance products as well as BEYOND STRANGI: COPING WITH counsel and government representatives. The share their experiences. Interactive panels will THE CURRENT STATE OF GIFT & presentation will touch on a broad array of also present case studies addressing coverage ESTATE TAXATION OF FAMILY ethical issues, devoting special attention to issues, as well as ways to obtain and maximize PARTNERSHIPS current developments concerning prosecution insurance for existing and future mold claims. and regulatory strategies, conflicts of interests, 7 Tuesday, 6-8 p.m. protection and waiver of the attorney-client Program Co-Chairs: privilege, counseling of employee witnesses, GERARD P.CAVALUZZI This program will provide an in-depth analy- and the federalization of ethical obligations Vice President & General Counsel sis of the current gift and estate tax aspects of imposed on attorneys under the Sarbanes- Malcolm Pirnie, Inc. family limited partnerships. Three leading Oxley legislation of 2002. commentators will discuss the implications of EILEEN D. MILLETT the Fifth Circuit's decision upholding the Program Chair: General Counsel Strangi case, other recent developments in case FRANK H. WOHL Interstate Environmental Commission law, practical strategies for coping with com- Lankler Siffert & Wohl LLP plex tax concerns and what tax planners can Faculty: expect from the IRS in the near future. Faculty: SUZANNE M. AVENA DAVID E. BRODSKY Paul, Hastings, Janofsky & Walker LLP Program Co-Chairs: Cleary Gottlieb Steen & Hamilton LLP PROFESSOR BRIDGET J. CRAWFORD GENE DEVINE Pace University School of Law KATHERINE M. CHOO Managing Director Senior Counsel James C. Herman & Associates, Ltd. KARA B. SCHISSLER Litigation and Legal Policy Katten Muchin Rosenman LLP General Electric Company ANDREA M. FULLER NY/Mid-Atlantic Regional Manager Moderator: PROFESSOR BRUCE A. GREEN Quanta US Holdings, Inc. RONNI G. DAVIDOWITZ Louis Stein Professor of Law Katten Muchin Rosenman LLP Fordham University School of Law JULIE H. HESPE Chief Underwriting Officer Faculty: FREDERICK P.HAFETZ AIG Environmental JONATHAN G. BLATTMACHR Hafetz & Necheles Milbank, Tweed, Hadley & McCloy LLP LYNNE M. MILLER MICHELE S. HIRSHMAN CEO First Deputy Attorney General Environmental Strategies Consulting LLC PROFESSOR MITCHELL M. GANS New York State Department of Law Hofstra University School of Law www.nycbar.org 15 KAREN PATTON SEYMOUR to prosecute lawyers? some issues that will be of practical interest to Sullivan & Cromwell ■ Where should the line be drawn separat- each of various practice settings: ing unethical and unprofessional conduct CLE credit: from criminal conduct? The State Bar’s proposals to amend the New 3 credits in ethics. This video replay does not ■ What steps can lawyers take to protect York Code and change its format; lessons provide transitional credit for newly admitted themselves, when reasonable minds could from the Arthur Andersen, Martha Stewart, attorneys. differ as to where that line should be and Frank Quattrone prosecutions and the drawn? investigation of the Valerie Plame Leak Live Program: (including some surprising things about Member $225, Non-member $335 Program Chair: obstruction of justice and a lawyer's duty with JANEANNE MURRAY regard to documents preservation; in-house Law Offices of JaneAnne Murray lawyers wearing two (or more) hats: risks to LAWYERS IN THE DOCK: WHEN the privilege; the rules on paying expert and DOES GOOD LAWYERING Moderator: lay witnesses; the New York twist on confiden- BECOME CRIMINAL CONDUCT? HON. BARBARA S. JONES tiality rules; possible changes to the New York ETHICAL & PRACTICAL CONSID- United States District Court Judge ethics rules on the horizon; how to write a consent to future conflicts that will stand up if ERATIONS Southern District of New York challenged; what does the "Hot Potato" rule Faculty: say and not say?; understanding positional 16 Thursday, 6–9 p.m. PAUL J. CURRAN conflicts and when they do and don't require Special Counsel you to turn down a matter; settlements condi- When does a creative legal strategy become a Kaye Scholer LLP tioned on a lawyer's agreement not to sue the fraud? When does withholding a client’s con- defendant again; the hidden risks when fidence become a false statement? When does HONORABLE JUDGE BARBARA JONES lawyers do business with clients or have con- preparation of a witness become obstruction United States District Judge flicting financial or other interests; informa- of justice? These thorny questions underlie tional conflicts: something brand new to several recent criminal prosecutions of lawyers JOHN W. MOSCOW worry about; how far are conflicts imputed for conduct within the scope of their legal Rosner Moscow & Napierala LLP within a law office and among co-counsel?; advocacy. These prosecutions – and the seven important conflict of interest rules to prospect of more – have thrown a spotlight on MICHAEL S. ROSS keep you out of trouble; the no-contact rule in the gray area where professional legal stan- Law Offices of Michael S. Ross New York; Multijurisdictional Practice: or is a dards intersect with the criminal law. New York lawyer still a lawyer in Connecticut CATHY SEIBEL and vice versa?; the misdirected fax: what The issue has particular resonance for in- Deputy U.S. Attorney, S.D.N.Y should you do with it? what if you send one?; house and outside corporate counsel who, fac- offers from whistleblowers: trick or treat; law ing the recent surge in investigations of mis- JIM WALDEN firm alliances with other service providers: the conduct at publicly traded corporations, O’Melveny & Myers LLP New York Rule; "can't we just be nice to each attempt to navigate the dual responsibilities of other?" - the perils of incivility; two can be being investigator and advocate. Notably, the ELLEN C. YAROSHEFSKY trouble: useful protocols when representing SEC has publicly stated that targeting lawyers Clinical Professor of Law and Director joint clients; "just the facts please" -- a check- is now one of its priorities, bringing eighteen Jacob Burns Center for Ethics in the Practice list for internal corporate investigations; can- civil actions against lawyers in the first three of Law at the Benjamin N. Cardozo dor to the court: what you don't say can hurt months of 2005 alone. School of Law you or ellipsis at your own risk; malpractice, fiduciary duty and conflicts: a misunderstood But the issue is one of broad appeal to all Live Program: relationship; battle of the forms: when firms lawyers. Prosecutorial targeting of legal advice Member $225, Non-member $335 and clients contend for different conflict and practices raises the possibility that any default rules; common interest arrangements lawyer, not just the bad apples, could end up CLE credit: a/k/a joint defense agreements: what should in the dock. 3 credits in ethics. This program provides they say? transitional credit for newly admitted This timely program focuses on the practical attorneys. Program Instructor: and ethical perils of zealously defending one’s PROFESSOR STEPHEN GILLERS client, while simultaneously avoiding having Emily Kempin Professor of Law to defend oneself. The program, featuring New York University School of Law panelists from the prosecution and defense LEGAL ETHICS: OUNCES OF bars, as well as experts in legal ethics, through PREVENTION THAT AVOID A TON Live Program: a series of topical and thought-provoking OF TROUBLE Member $255, Non-member $365 hypothetical, will address the following: 23 Thursday, 6-9 p.m. CLE Credit: ■ What lessons can be learned from the 3 credits in ethics. This program provides recent prosecutions of lawyers for conduct This program on legal ethics, with an empha- sis on the New York Rules where pertinent, transitional credit for newly admitted related to their roles as advocates? attorneys. ■ What policies, if any, govern the decision will select from the following issues, possibly among others, and with an effort to select 16 www.nycbar.org THE ROLE & RESPONSIBILITY OF CLE credit: due diligence analysis. The object of intellec- CORPORATE COUNSEL: WHAT 3 credits in ethics. This program provides tual property due diligence is to identify and ARE THEIR GATEKEEPING transitional credit for newly admitted evaluate the strengths and risks associated with attorneys. OBLIGATIONS? the intellectual property and technology rights associated with a potential business transac- tion. Unfortunately, the actual process for 28 Tuesday, 6-9 p.m. IMMIGRATION conducting an effective intellectual property due diligence analysis is frequently misunder- A distinguished panel will address whether, stood, which can result in an inadequate evalu- and to what extent, the role and responsibility IMMIGRATION PRACTICE IN ation. The attorney responsible for coordinat- of in-house and outside counsel is one of a FEDERAL COURTS: HOW TO GET ing the intellectual property due diligence gatekeeper, charged with a responsibility for IN UNDER THE NEW RULES effort must interface with general practice preventing wrongdoing by their corporate attorneys on the transactional team as well as clients. Among the issues to be addressed: 22 Wednesday, 6-9 p.m. key business personnel, and accordingly must have sensitivity to both the legal and business ■ If and how in-house counsel – and outside This program will teach you the necessary considerations pertinent to the transaction. counsel -- can prevent misconduct & steps to take after your client’s claim has been This course will address issues in the distinct scandal, whether in smaller clients or the denied by the Board of Immigration Appeals. fields of patents, trademarks, trade secrets, WorldComs and Enrons? What do you do with your one line decision? copyrights and unfair competition, as well as ■ Do lawyers owe their only duty to their How do you get your claim into federal court? internet issues. Unique issues relating to confi- clients, or must they also take into account The program will address the new procedures for filing claims and discuss what to do after dentiality agreements, antitrust evaluations the public interest in averting fraud? and litigation, both in a national and interna- ■ you have filed your claim. What is the impact of the Sarbanes-Oxley tional forum will also be discussed. "reporting up" rules?: Will they lead to a radical redefinition of the role of lawyers Program Chair: SANDRA P.NICHOLS Program Co-chairs: in corporate governance? DANIEL A. DEVITO ■ Law Office of Sandra P. Nichols Can the lawyer-client-auditor relationship Skadden Arps Slate Meagher & Flom LLP be adjusted to better achieve the goal of New York, NY accurate public disclosures in public Faculty: offerings? LEE GELERNT Senior Staff Counsel JAMES J. HARRINGTON Shire Pharmaceuticals, New York, NY Program Chair: ACLU Immigrants’ Rights Project THOMAS H. MORELAND Faculty: Kramer Levin Naftalis & Frankel LLP MATTHEW L. GUADAGNO Bretz & Coven, LLP WALTER BRATIC Vice President Faculty CRA International, Houston, TX JILL E. FISCH JOHN PALMER Alpin J. Cameron Professor of Law Associate Supervisory Staff Attorney U.S. Court of Appeals for the Second Circuit KENNETH J. DOW Director, Fordham Center for Corporate, Assistant Patent Counsel Securities & Financial Law Johnson & Johnson Fordham University School of Law Live Program: Member $195, Non-member $305 Vice President of Patent Law Centocor, Radnor, PA SUSAN HACKETT CLE credit: Senior Vice President and General Counsel BRUCE GOLDNER Association of Corporate Counsel 3 credits total: credit breakdown to be deter- mined. This program provides transitional Skadden Arps Slate Meagher & Flom LLP New York, NY SUSAN P.KONIAK credit for newly admitted lawyers. Richard L. Godfrey Faculty Research Scholar PHILIP M. HAHN Professor of Law, Boston University School of INTELLECTUAL PROPERTY Vice President Law Assistant General Counsel Pfizer Inc., New York, NY SHELDON RAAB Video Replay: INTELLECTUAL Fried, Frank, Harris, Shriver & Jacobson LLP PROPERTY DUE DILIGENCE IN NIGEL JONES BUSINESS TRANSACTIONS: COM- Linklaters, London, England MARK SCHONFELD PLYING WITH MYRIAD LEGAL & Regional Director BUSINESS ISSUES JAMES B. KOBAK North East Regional Office Hughes, Hubbard & Reed LLP U.S. Securities and Exchange Commission 21 Tuesday, 9-5:15 pm New York, NY

Live Program: This program, designed for both the general S. PETER LUDWIG Member $225, Non-member $335 practice and experienced intellectual property Darby & Darby PC, New York, NY attorney, will focus on the practical aspects of conducting an effective intellectual property www.nycbar.org 17 KAREN R. MAYER Live Program: Program Chair: Vice President, General Counsel Member $195, Non-member $305 ELLEN L. SHAPIRO Penguin Putnam Group USA Buchanan Ingersoll PC New York, NY LITIGATION Faculty: BRET I. PARKER STEPHEN S. FRIEDMAN Chief Trademark Counsel & Assistant NEW YORK CIVIL PRACTICE Buchanan Ingersoll, PC General Counsel UPDATE Wyeth, Madison, NJ MARK H. ZAFRIN 6 Monday, 6-9 p.m. Abrams, Fensterman, Fensterman, Flowers, SHIRLEY WEBSTER Greenberg & Eisman, LLP Vice President A panel of leading authorities will provide an CRA International, Houston, TX update of recent developments and trends in Sponsoring Association Committee: Real New York State court practice, including: Property Law, Nancy Ann Connery, Chair Video Replay: ■ Highlights from 2005 Member $375, Non-member $515 ■ Court of Appeals Roundup Live Program: ■ Trends in Commencement & Jurisdiction Member $195, Non-member $305 CLE credit: ■ Disclosure Developments 8 credits in professional practice/practice man- CLE credit: ■ Motion Practice agement. This video replay does not provide 3 credits in professional practice/practice man- ■ Evidence & Calendar Practice transitional credit to newly admitted attorneys. agement. This program provides transitional credit for newly admitted attorneys. Program Chair: LAW FIRM PRACTICE DAVID PAUL HOROWITZ Ressler & Ressler and Law Office of David Paul MANAGEMENT SPORTS LAW Horowitz

USING THE MEDIA ETHICALLY & Faculty: Video Replay: ADR IN THE EFFECTIVELY FOR YOURSELF & PROFESSOR JAY C. CARLISLE, III PROFESSIONAL SPORTS WORLD: YOUR CLIENTS Pace University School of Law THE SIMILARITIES, DIFFERENCES, PROS & CONS 15 Wednesday, 6-9 p.m. PROFESSOR RICHARD T. FARRELL Brooklyn Law School 14 Tuesday, 9– 12 p.m. Learn how to communicate effectively and ethically on behalf of clients, and to promote BRIAN J. SHOOT The nature of professional sports often dictates your own expertise and experience. Sullivan Papain Block McGrath & Cannano PC that disputes be resolved quickly and fairly by experts who understand the complicated rules, ■ A well-known consultant in crisis Live Program: regulations and relationships inherent in each management and communications will Member $195, Non-member $305 sport. These goals are shared by players and discuss the ethical and practical constraints management alike. Accordingly, disputes that that bind attorneys discussing client issues CLE credit: arise in the professional sports context are rou- with the media. 3 credits total: 21⁄2 professional practice/prac- tinely resolved pursuant to a mandatory alter- tice management & 1⁄2 ethics. This program native dispute resolution process. This CLE ■ Marketing practitioners will lead you provides transitional credit for newly admitted program will examine the many different sys- through the variety of media opportunities attorneys. tems employed by various professional sports. available to practitioners and offer practi- An expert panel of practitioners from all sides cal guidelines for maximizing the use of of this process -- management counsel, players' publicity to expand your reputation and REAL ESTATE counsel and arbitrators -- will discuss the simi- practice. larities and differences and pros and cons BASICS OF REAL ESTATE between and among these varying systems and ■ A well-known journalist/editor will detail LENDING provide their insight as to how the ADR guidelines for working productively with process in professional sports might be press professionals. 2 Thursday, 6-9 p.m. improved.

Program Chair: The speakers will provide an overview of dif- Program Co-Chairs CAROL SCHIRO GREENWALD, PH.D. ferent kinds of real estate-related loans, includ- HOWARD L.GANZ Marketing Partners ing mortgage portfolio loans, securitized loans Proskauer Rose LLP and mezzanine loans; and will then review the Faculty to be announced. basics of mortgage lending from both the TAMIR YOUNG lender’s and the borrower’s perspectives. President/CEO CLE credit: eFish LLC 3 credits total: credit breakdown to be deter- mined. This program provides transitional credit for newly admitted attorneys. 18 www.nycbar.org Faculty: cial information adds value to delivering high- FRANCIS X. COONELLY quality services to one’s clients. Yet, account- Senior Vice President & General Counsel ing information and documents often seem Major League Baseball like another language. Registration Advance registration is advised for live L. ROBERT BATTERMAN ABCs of Financial Statements is an intro- programs & video replays. An additional Proskauer Rose LLP ductory course for lawyers who know very fee of $25 will be charged for registra- little about financial information and need and tions received later than 3:00 p.m. one DAVID G. FEHER want to gain a clearer understanding. The business day prior to the program. For Dewey Ballantine LLP course offers clear, simple and comprehensible more information or to register for a vocabulary, giving the practicing lawyer the program visit our website at ROGER P.KAPLAN skills to read and interpret accounting and www.nycbar.org, call (212) 382-6663, fax Arbitrator financial statements as they may apply to (212) 869-4451 or mail your registration Offices of Roger P. Kaplan professional matters. to: City Bar Center for CLE, New York City Bar, 42 West 44th Street, New York, MICHAEL S. WEINER Program Chair: NY 10036. Association General Counsel SHARI HELAINE LICHTMAN Major League Baseball Players Association Attorney & CPA Tapes are sold with the accompanying Litigation, Consulting & Education written materials from the program. CAROL A. WITTENBERG Program materials can be purchased sep- Mediator/Arbitrator Faculty: arately from the program. (CLE credit ADR Associates/JAMS PATRICE SCHIANO may not be given for materials only.) Attorney & CPA Mandatory NYS sales tax is included in Video Replay: Consultant the purchase price for tapes and materi- Member $195, Non-member $305 Protiviti als. All sales of tapes, CDs, DVDs and materials are final. Please allow 3-5 weeks CLE Credit: JOEL B. STRAUSS after the program date for your order to 3 credits in professional practice/practice man- Attorney & CPA be processed. agement. This program provides transitional Kaplan Fox & Kilsheimer LLP credit for newly admitted attorneys. CPE credit: 3 credits in auditing. Live Program: Cancellations & Refunds Member $195, Non-member $305 For live programs and video replays, refunds and program credits are avail- TAX & ACCOUNTING CLE credit: able provided cancellation is made in 3 credits total: credit breakdown to be deter- writing and received by the City Bar ABCs OF FINANCIAL STATEMENTS mined. This program provides transitional Center prior to the program. credit for newly admitted attorneys. Portions of this program may qualify for CPE credit. A $25 administrative fee will be charged 27 Monday 6-9 p.m. for all refunds. The cancellation fee will be deducted directly from the refund. No matter what an attorney’s area of practice, For program credits no administrative the ability to read and understand basic finan- fee will be charged. Program credits must be used within one year of the orig- inal program date. Cancellations must Save the Date! be in writing and faxed to the City Bar Wednesday, April 5th, 6 pm Center at (212) 869-4451. Refunds and program credits are not “The State of New York Court Interpretation: Are We Talking the Talk?” available for the purchase of tapes, CDs, DVDs, course materials or online pro- A panel discussion on the issues involved in providing grams. interpreter services to New York’s multi-lingual population. These programs are presented under the Fern Schair, Senior VP, The American Arbitration Association, auspices of the CLE Committee, Burton will moderate a panel that will include: N. Lipshie, Chair, and the City Bar Center for Continuing Legal Education. Hon. Jonathan Lippman, Chief Administrative Judge Bettina B. Plevan, Association President Scholarships are available. Please call Robert Joe Lee, Court Executive, Language Services Section, New Jersey (212) 382-6663 for an application. Robert Driscoll, Alston & Bird, former Deputy Assistant Attorney General Is there a program you would like to Purvi Shah, Executive Director, SAKHI for South Asian Women attend or a speaker you would like to hear? Please contact the City Bar Center For more information, contact Beatrice Frank at [email protected] with your suggestions. or Fern Schair, [email protected]

www.nycbar.org 19 FEBRUARY 2006 CLE REGISTRATION FORM

■ SECURITIES LITIGATION: CURRENT DVDs: ■ $475 ■ $565 Audiotapes: ■ $465 ■ $635 DEVELOPMENTS & STRATEGIES Materials: ■ $105 ■ $135 Videotapes: ■ $595 ■ $725 February 2 NYCB & ACC CDs: ■ $485 ■ $655 ■ Video Replay: ADR IN THE PROFESSIONAL Member Non-member DVDs: ■ $645 ■ $795 SPORTS WORLD: THE SIMILARITIES, DIFFER- Live Program: ■ $375 ■ $515 Materials: ■ $155 ■ $235 ■ ■ ENCES, PROS & CONS Audiotapes: $465 $635 ■ ■ ■ February 14 IMMIGRATION PRACTICE IN FEDERAL Videotapes: $595 $725 Member Non-member ■ ■ COURTS: HOW TO GET IN UNDER THE CDs: $485 $655 Video Replay: ■ $195 ■ $305 ■ ■ NEW RULES DVDs: $645 $795 Audiotapes: ■ $315 ■ $385 ■ ■ February 22 Materials: $155 $235 Videotapes: ■ $405 ■ $475 Member Non-member ■ BASICS OF REAL ESTATE LENDING CDs: ■ $335 ■ $405 Live Program: ■ $195 ■ $305 February 2 DVDs: ■ $445 ■ $535 Audiotapes: ■ $315 ■ $385 Member Non-member Materials: ■ $105 ■ $135 Videotapes: ■ $405 ■ $475 Live Program: ■ $195 ■ $305 CDs: ■ $335 ■ $405 ■ USING THE MEDIA ETHICALLY & EFFECTIVELY Audiotapes: ■ $315 ■ $385 DVDs: ■ $445 ■ $535 ■ ■ FOR YOURSELF & YOUR CLIENTS ■ ■ Videotapes: $405 $475 February 15 Materials: $105 $135 CDs: ■ $335 ■ $405 Member Non-member ■ LEGAL ETHICS: OUNCES OF PREVENTION ■ ■ DVDs: $445 $535 Live Program: ■ $195 ■ $305 ■ ■ THAT AVOID A TON OF TROUBLE Materials: $105 $135 Audiotapes: ■ $315 ■ $385 February 23 ■ NEW YORK CIVIL PRACTICE UPDATE Videotapes: ■ $405 ■ $475 Member Non-member February 6 CDs: ■ $335 ■ $405 Live Program: ■ $255 ■ $365 DVDs: ■ $445 ■ $535 Member Non-member ■ ARTICLE 81: CERTIFIED TRAINING FOR ■ ■ Materials: ■ $105 ■ $135 Live Program: $195 $305 GUARDIANS, COURT EVALUATORS & ■ ■ Audiotapes: $315 $385 ■ PRIVATE EQUITY FUNDS: STRUCTURES, ATTORNEYS FOR ALLEGED INCAPACITATED ■ ■ Videotapes: $405 $475 TERMS & CONDITIONS PERSONS ■ ■ CDs: $335 $405 February 16 February 24 ■ ■ DVDs: $445 $535 Member Non-member ■ ■ Materials: $105 $135 Live Program: ■ $195 ■ $305 Live Program: ■ $315 ABCNY, Non-Legal Pro- ■ BEYOND STRANGI: COPING WITH THE CUR- Audiotapes: ■ $315 ■ $385 fessional & Family Member ■ ■ ■ RENT STATE OF GIFT & ESTATE TAXATION OF Videotapes: $405 $475 $455 Non-member ■ ■ FAMILY PARTNERSHIPS CDs: $335 $405 ■ ABCs OF FINANCIAL STATEMENTS ■ ■ February 7 DVDs: $445 $535 February 27 ■ ■ Member Non-member Materials: $105 $135 Member Non-member Live Program: ■ $195 ■ $305 ■ ■ ■ LAWYERS IN THE DOCK: WHEN DOES GOOD Live Program: $195 $305 Audiotapes: ■ $315 ■ $385 ■ ■ LAWYERING BECOME CRIMINAL CONDUCT? Audiotapes: $315 $385 ■ ■ ■ ■ CDs: $335 $405 ETHICAL & PRACTICAL CONSIDERATIONS Videotapes: $405 $475 ■ ■ DVDs: $445 $535 February 16 CDs: ■ $335 ■ $405 ■ ■ Videotapes: $405 $475 Member Non-member DVDs: ■ $445 ■ $535 ■ ■ Materials: $105 $135 Live Program: ■ $225 ■ $335 Materials: ■ $105 ■ $135 ■ ■ ■ WHAT YOU NEED TO KNOW ABOUT THE NEW Audiotapes: $345 $415 ■ THE ROLE & RESPONSIBILITY OF CORPORATE ■ ■ 2005 SECURITIES OFFERING REFORM Videotapes: $435 $505 COUNSEL: WHAT ARE THEIR GATEKEEPING ■ ■ February 8 CDs: $365 $435 OBLIGATIONS? ■ ■ Member Non-member DVDs: $475 $565 February 28 ■ ■ Live Program: ■ $195 ■ $305 Materials: $105 $135 Member Non-member ■ ■ ■ ■ Audiotapes: $315 $385 ■ Video Replay: INTELLECTUAL PROPERTY DUE Live Program: $225 $335 ■ ■ ■ ■ Videotapes: $405 $475 DILIGENCE IN BUSINESS TRANSACTIONS: COM- Audiotapes: $345 $415 ■ ■ ■ ■ CDs: $335 $405 PLYING WITH MYRIAD BUSINESS & LEGAL ISSUES Videotapes: $435 $505 ■ ■ DVDs: $445 $535 February 21 CDs: ■ $365 ■ $435 ■ ■ Materials: $105 $135 Member Non-member DVDs: ■ $475 ■ $565 ■ ■ ■ ■ ■ Video Replay: MOLD COVERAGE ISSUES: Video Replay: $375 $515 Materials: $105 $135 PAST, PRESENT & FUTURE February 9 ALL REGISTRATIONS MUST BE PREPAID BY EITHER CREDIT CARD OR Member Non-member A CHECK MADE PAYABLE TO: CITY BAR CENTER FOR CLE OR NEW YORK CITY BAR Video Replay: ■ $195 ■ $305 ■ ■ Audiotapes: $315 $385 Name Videotapes: ■ $405 ■ $475 ■ ■ CDs: $335 $405 Address DVDs: ■ $445 ■ $535 Materials: ■ $105 ■ $135 City State Zip ■ Video Replay: ETHICAL CONSIDERATIONS Phone Total Enclosed $ FOR CORPORATE INVESTIGATIONS February 10 ■ ■ ■ Member Non-member Please charge to my Mastercard Visa American Express Video Replay: ■ $225 ■ $335 Audiotapes: ■ $345 ■ $415 Card Number Exp. Date Videotapes: ■ $435 ■ $505 CDs: ■ $365 ■ $435 Signature 20 www.nycbar.org Working together to take you where you want to go.

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LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. © 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL7851 www.nycbar.org 21 A REAL POSSIBILITY OF REFORM?... not the final statement. In particular, the who lobby state agencies be subject to the same CONTINUED FROM PAGE 1 Committee believes that for Albany to fulfill its reporting requirements as those who lobby the For most of us unfamiliar with the peculiar promise of true representativeness and democ- Legislature. This call was finally answered in intricacies of Albany law making, it’s hard to racy, the following additional reforms, among 2005. Previously, while every contact between imagine that reforms as simple as requiring leg- others, need to occur: a lobbyist and a legislator designed to influ- ence legislation had to be counted in lobbying islators to actually be present when voting ■ Each Committee should be authorized to reports, people could lobby state agencies to could be necessary to mandate. But Albany has hire its own professional staff. Adequate fund- seek contracts worth millions of dollars with an environment and culture all its own. ing for professional staff, facilities and equip- no reporting necessary. The extension of Billions of taxpayer dollars are spent every year ment should be provided to each committee, reporting requirements to those who lobby with little oversight and a "three men in a and should be allocated on a proportional state agencies is a step toward ensuring that room" style of government. majority-minority split. state contracts are given to those best able to ■ All bills reported to the Rules Committee perform them and not simply to people with “THREE MEN IN A ROOM” should be placed on the respective House’s cal- the funds to curry influence with those that endar within two weeks. award them. "Three Men in a Room" is a phrase frequently used to describe New York State government. ■ If three or more members of a committee The Government Ethics Committee also made But what exactly does it mean? In a nutshell, it petition for a hearing on a bill, such consider- repeated requests for the closing of a loophole means that a weak committee system has left ation or hearing should take place unless the that allowed state employees to escape an rank and file legislators with little power as true petition is rejected by a vote of the committee. ethics investigation by simply leaving state governance is left to the governor, assembly ■ Requests to vote on a bill in committee employ. Because the State Ethics Commission speaker and senate majority leader. For exam- should be granted or denied by a committee only had jurisdiction over current state ple, in the Assembly, committee staff works for chair within two weeks of request. employees, an employee under investigation the speaker and not the committee chair, there- for an ethics violation would often leave his or by frequently leaving committee chairs out of AUTHORITIES. Whether it is New York her job for the private sector to escape further the loop on significant legislative matters. shoreline sold to insiders for $30,000 by the investigation. According to the State Ethics Canal Authority or improper bookkeeping by Commission, more than 40 investigations were In both houses, discretionary awards are doled the MTA, one needs to look no further than stymied because of this loophole since 1995. out by the leadership, forcing legislators to the daily newspaper to understand the need for The Association applauds the Legislature for choose between strict obedience to their lead- authorities reform. It was therefore heartening its passage of a law extending the State Ethics ers or loss of funding for one’s districts. These to see significant reform to the state’s Public Commission’s jurisdiction over former state awards include campaign contributions from Authorities in the 2005 session. The reform employees to remedy this problem. legislative campaign committees’ war chests, will apply to the over-700 agencies that spend budget funds the legislators may allocate (so billions of dollars of public money with little Even the most cynical of Albany watchers must called "member items"), and leadership and oversight and accountability. The new legisla- admit that the 2005 session brought good committee assignments which are accompa- tion will require more extensive reporting by news in the terms of rules reform, authorities nied by stipends supplementing salaries. And the authorities and create an Authorities oversight, lobbying and ethics changes. The members of minority parties (Democrats in Budget Office. Further measures are being Legislature deserves applause for these impor- the Senate and Republicans in the Assembly) considered to make authorities more transpar- tant steps forward. The New York City Bar are so powerless that seeing their names on a ent and subject to additional oversight. Association will continue to urge further piece of legislation usually signals its death reform because, if Albany is to truly become knell, hence disenfranchising thousands of LOBBYING AND ETHICS REFORM. Over the effective democracy that New Yorkers New Yorkers simply because they have an elect- the years, the Association’s Government Ethics deserve, these steps must be the beginning and ed leader of the wrong party. Minority mem- Committee has repeatedly urged that those not the last word. bers are also unable to hold hearings with com- mittee funding. QUID PRO BONO? The citizens of New York pay the price for this Do you want to use your skills to benefit the community in rewarding new ways? style of governing. Solid partisan majorities in both houses, combined with legislative leaders The CityBar Public Service Network places attorneys seeking to do pro bono public interest work as volunteers with not known for getting along, leads to necessary nonprofit corporations, legal service organizations and government programs. Network projects can be legal or legislative reforms getting lost in traditional nonlegal, and can also be customized to your interests and skills. The Network works with attorneys at every stage of their career. Albany gridlock. The CityBar Public Service Network has numerous placements available. Here are a few examples: RULES REFORM. As public pressure on ■ Assist budding entrepreneurs in under-served communities obtain financial success in starting, operating, and reforming Albany mounted in the 2005 session, building successful businesses that develop economic power, provide jobs and improve communities; the Assembly adopted legislative rules reforms ■ Become Of Counsel to an organization that provides shelter and services to homeless adults and families that significantly impacted its daily operations. in New York City; ■ The Association’s State Affairs Committee, Serve on the Board of Directors of an organization that advocates for the elderly and seeks high quality, long-term health care for all New Yorkers in the least institutionalized setting possible. which has long been a critic of the undemocra- If you would like to find out more about the many volunteer opportunities available, please call (212) 382-4713 tic functioning of Albany, was pleased to see or e-mail [email protected] for more information. these rules reforms, particularly the end of empty seat voting, but is adamant that these must only be the first steps toward reform and CITYBAR PUBLIC SERVICE network

22 www.nycbar.org COMMITTEE REPORTS — FEBRUARY, 2006

AIDS Letter to the N.Y.C. Campaign Finance Board in connection with the Letter to the New York City Council in support of Resolution 1153, hearing the Board must conduct after each election. The comments reit- which calls upon U.S. Customs and Immigration Enforcement to exer- erate the Association's overall strong support for the campaign financing cise prosecutorial discretion and decline to carry out removal orders in program, and makes recommendations for improving the system's oper- cases where doing so would result in extreme hardship to the immigrant, ation with regard to spending limits, candidates with limited competi- immigrant's family or community, including instances where the foreign tion, non-participating candidates, the Board's procedures, union contri- national suffers from a life threatening illness. For many people living butions, and candidates' coordinated activities with third parties. with HIV/AIDS, the letter points out, enforcement of an order of depor- Futures Regulation tation could have devastating effects since advanced medicines and med- Letter to the Commodity Futures Trading Commission in support of the ical expertise are often not available in the individual's home country. Commission's proposal to define the term "client" in new Commission Letter to the N.Y.S. Department of Health urging the department to Rule 1.3(bb)(2) to clarify that all customers who receive advice from reconsider 10 NYRR Section 52-3.4(a)(8) and 52-8.5, which concern tis- commodity trading advisors are classified in the same manner regardless sue donor qualifications. In their current form, the regulations flatly of the format used to provide such advice; that all advisees of commodi- prohibit any man who has had sex with another man in the preceding ty trading advisors are protected by Commission antifraud jurisdiction; five years from anonymously donating sperm. These regulations, the let- and that antifraud authority applies to all commodity trading advisors, ter argues, are far more prohibitive than is necessary to protect the regardless of the type of services they provide to customers. health and safety of sperm donation recipients, their partners and their Immigration and Nationality Law children. Testimony before the New York City Council in support of the concept Bioethical Issues of the Voting Rights Restoration Act (Intro. No. 628), which would rein- Health Law state the ability of foreign born residents of New York City to vote in Testimony supporting the Family Health Care Decisions legislation, elections for city officials and ballot issues. This would permit non-citi- which would amend the state's Public Health Law to establish proce- zens to exercise their right to choose the individuals who represent them dures for selecting and empowering a surrogate to make health care in city government. The testimony identifies flaws in the legislation decisions for persons who lack capacity to do so on their own behalf and which, if not corrected, would in some cases jeopardize the legal status who have not otherwise appointed an agent to make such decision of non-citizens who vote. under Article 29-C of the Public Health Law. International Human Rights Children, Council on Letter to the President of Liberia urging that Charles Taylor be brought Letter to Congress urging opposition to a final Conference Report that to trial for crimes committed during Sierra Leone's civil war and that cuts services to children who rely on Medicaid for health care coverage. Liberia request that Nigeria surrender Taylor to the Special Court. The If the Conference Report is approved, the letter argues, the legislation Special Court, the letter notes, indicted Taylor over two years ago on 17 would allow states to charge premiums and cost-sharing for children counts of war crimes and crimes against humanity for his role in deaths, (ages six and older) with incomes over the federal poverty line; and fam- rapes, disappearances and maiming of thousand of civilians during ilies with children under age six may be charged if their families are over Sierra Leone's civil war, and impunity for Taylor only undercuts justice 133 percent of the federal poverty line. This would affect an estimated and security in West Africa. six million children who would lose all federal cost-sharing protections. Investment Management Regulation Consumer Affairs Letter to the SEC urging that it file an amicus brief in the case of J.&W. Testimony to the New York State Legislature supporting the enactment Seligman & Co. Inc. v. Spitzer in order to articulate the scope of state reg- of a security freeze law to combat identity theft. The testimony argues ulators’ authority under the Investment Company Act of 1940 and the that giving consumers the option of placing a security freeze on their National Securities Markets Improvement Act of 1996 (NSMIA) to credit information would assist in the fight against identity theft. Under investigate and litigate advisory fee issues. the proposed legislation, consumers would be able to direct the credit Social Welfare Law reporting agencies to stop the release of the consumer's financial data to Letter to the N.Y.S. Legislature urging that legislation be sponsored that creditors, thus effectively preventing an identity thief from obtaining would add an additional energy allowance to the state’s public assistance false credit. The testimony went on to urge that any such law passed grant. The purpose of the energy allowance would be to partially offset allow for a consumer to place the freeze on his or her credit information increases in the cost of living caused by the dramatic spike in energy at any time rather than requiring that consumers can only place the costs that are universally anticipated during the winter of 2006. freeze on their credit information if they reasonably suspect that they are the victim of identity theft. Letter to the N.Y.S. Office of Temporary and Disability Assistance (OTDA) urging OTDA to withdraw its proposal to amend section Election Law 350.4(a)(7) of 18 NYCRR, which would require a family in receipt of Letter to the N.Y.S. Board of Elections and the N.Y.C. Campaign Finance Family Assistance to wait a minimum of 45 days after their Family Board which, while supporting the recently enacted legislation to require Assistance relief has expired before becoming eligible to receive Safety electronic filing of campaign finance statements with the N.Y.S. Board of Net Assistance. This, the letter argues, would create an immediate crisis Elections, points out a potential problem with the legislation. The prob- in the lives of already poor and struggling families and will leave indi- lem the letter outlines is that the software system used by the N.Y.C. viduals less able to undertake the steps necessary to find employment, Campaign Finance Board is not compatible with the system used by the while pushing them deeper into poverty. N.Y.S. Board of Elections, therefore requiring campaigns to make sepa- rate electronic filings with both entities. The letter urges that two sys- tems be made compatible so the process can work efficiently and for the benefit of the public, as the legislation intends. www.nycbar.org 23 widespread economic impact on the firm. Hitscherich summed up by urging attendees to Professional Development Firms push associates to bill as many hours as continue to think about the business funda- possible, yet want to retain them beyond the mentals of their law firms. "Associates who are LAW FIRM ECONOMICS fourth year. "As we all know," says Hitscherich, aware of business fundamentals are more effi- "these two factors are often not compatible." cient, have a better understanding of the importance of managing their time and Choosing a Specialty LEAD ASSOCIATES TO undertaking client development, and ultimate- Understanding the business of law and legal ly are more satisfied in the career path they industry trends in general can also be useful SPECIALIZE EARLY choose to take." in determining what type of law you would For more information on the Professional oung associates are often too knee-deep like to practice. Most associates enter a law Development Breakfast Workshops and a com- in memos and briefs to give the busi- firm with little knowledge of which type of plete schedule of upcoming sessions, please ness aspect of their firms much law they wish to pursue. But today’s higher Y visit www.nycbar.org. thought. But according to Donna M. salaries necessitate higher billing rates and, if Hitscherich of Gnosis Advisors, who spoke to clients are going to be paying more, then they need to know the attorneys working on their an audience of 150 at the City Bar’s Nominees for City Bar Professional Development Breakfast matters have expertise in the issue at hand. Workshop, that can be a big mistake. Consequently, associates are having to special- Offices & Committees Understanding a firm’s organizational struc- ize early in their legal careers. Economics ture, the firm economics, and legal industry have forced the well-rounded lawyer to be The following candidates have been trends can be crucial to a mid-level associate’s replaced by the specialist. nominated for the City Bar’s various growth and happiness at a firm. In choosing a specialty, associates need to think offices and committees. Those elected will be announced at the Annual Meeting The December 6 workshop, titled "The about the economics of the practice area, said Hitscherich. Is it a highly profitable area like of the City Bar on May 23, 2006. Business of Law," encouraged attendees to Pursuant to By-law XXIII, other nomina- think about legal business basics. "By under- securities litigation or M&A’s, or one that is not as leveragable, like employee benefits or trusts tions must be posted no later than standing the business of law you will better March 6, 2006. understand what firms expect from associates, and estates? Associates should think not only about the current economics of the practice what will be expected from you at the firm, and President area, but they should also consider what the what your prospects will be," said Hitscherich. Barry M. Kamins future may hold for the field. Some types of Associates need to have a solid understanding law are more cyclical than others or more vul- Vice Presidents of how profit drives the business of law and nerable during an economic downturn. It is Carey R. Dunne how profitability is best achieved. To calculate important to ask yourself, says Hitscherich: William F. Kuntz, II the profitability of a firm, says Hitscherich, you "Do I like my chosen specialty today and will Loretta E. Lynch need to look at margin, productivity and lever- this speciality still be hot years from now when age. Firms want to increase these three highly Secretary I am up for partnership?" Outside economics Cyrus D. Mehta intertwined elements. Take margin, for exam- coupled with your chosen practice area may ple. In order to increase margin you can lower have a tremendous effect on the prospects of Treasurer expenses and/or increase hourly rate, which is becoming a partner. James L. Lipscomb not usually an acceptable option. Instead firms Executive Committee much ensure that productivity is high, which Mid-level associates can also apply their Class of 2010 means that associates must use as many hours knowledge of the business of law to better eval- Denny Chin as possible in a billable fashion. uate whether they should make a lateral move or stay with their current law firm. With a Lucy F. Reed Hitscherich points out that given the average solid business understanding, associates are Rosalyn H. Richter number of hours associates are expected to bill able to evaluate the financial well-being of John S. Siffert and the rate at which it is acceptable to bill an their current firm and the firm they are con- Audit Committee associate’s time, most associates are not prof- sidering transferring to. Do the firms hold a Robert J. Anello itable until their fourth year. But according to strong position in the market place in your Laurie Berke-Weiss recent studies, close to half of law firm associ- area of practice? Is there good growth poten- Allan L. Gropper ates (43%) leave their firms in the first four tial? And are there opportunities at the firm for Christopher L. Mann years. This high attrition rate, coupled with the client development? Marsha E. Simms poor profitability of younger associates, has

NEW YORK CITY BAR

Forty-Fourth Street Notes February 2006