44th Street March 2005 Vol. 20, No. 3 TES NThe Association of the Bar of the City of New York The Association of the Bar of the City of New York Program Highlights Human Rights and Due Process: INSIDE 3/1 Gonzales Nomination Focuses Spotlight Elderlaw Project Pro Bono by Bettina B. Plevan, President Training ...... 7 he recent confirmation ment in response to suits brought on Judge Gonzales avoided confronting 3/24 hearings on Alberto behalf of detainees seeking due the issues raised, except to say he United Nations: Proposals Gonzales’ nomination to process. We addressed these issues did not support torture (a stance for the 21st Century . . . .9 T serve as attorney general in amicus briefs filed in three cases articulated by President Bush). The provided an opportune time to bring involving challenges by persons legal positions, except for some in CLE ...... 12 into focus the government’s purport- detained as enemy combatants the now infamous – and later – Hedge Funds - ed legal justification for a series of (Padilla v. Rumsfeld, Rasul v. Bush, retracted – August 2002 Justice Current Developments 3/3 policies developed in the post-9/11 and Hamdan v. Rumsfeld). Department memo, which attempted environment. A series of legal After his nomination was to limit the liability of U.S. person- – The IRS’s New “Tax Exempt memoranda, originally kept secret announced, we wrote directly to nel for committing torture, have not Compensation Enforcement Project” 3/7 until they were leaked, and Judge Gonzales setting forth our been retracted. Rather, they remain eventually made public by the questions and concerns regarding in effect as support for the adminis- – Check 21: What You Need Administration, supported the these memoranda, the legal argu- tration’s approach to detainees and To Know 3/21 policies. While most deal with how ments they espouse and his role in national security policy. There has the government should treat developing the administration’s been widespread criticism that these Table of Contents detainees in the “war on terrorism,” legal positions in these areas. We policies not only lack clarity regard- some arguments go to the basic lim- then helped brief Senate Judiciary ing how detainees should be treated, NEW COMMITTEE REPORTS . . .3 its of presidential power. Committee staff and members on but also have brought worldwide This Association has been active the legal aspects of these issues for shame upon us because of the lack PLAN YOUR RETIREMENT ...... 5 in challenging the legal arguments the confirmation hearings. While of decency in that treatment. advanced in these memoranda and many of the questions we framed Continued on pg 2. ASSOCIATION SERVICES ...... 6 in court briefs filed by the govern- were asked during the hearings,

CALENDAR OF EVENTS . . .7-10 Post-Retirement Pursuits Open Up New Worlds EVENT SPOTLIGHT ...... 9 – A Look Ahead to the “Lawyers’ retirement pursuits run the full spectrum,” said Ed Labaton, chair of the ABCNY Senior Lawyers New Congress 3/7 Committee. The Association has many challenging and rewarding programs for senior lawyers who are not interested in full-time retirement. Several enthusiastic “retirees” recently shared their experiences with 44th CITYBAR CENTER FOR CLE ...... 11-18 Street Notes.

COMMITMENT TO DIVERSITY . .19 countries, such as Tibet, Colombia, supply. Not content with this – Designing an Assessment Plan Dynamics of a Bangladesh, the Congo, Liberia, responsibility, he took advantage of for Your Firm Successful Retirement Albania, Uzbekistan, Kyrgyzstan Con Edison’s employee education Nowadays, with all the legal and Georgia. Gueron, whose tireless program and put himself through THE CITY BAR FUND ...... 20 obstacles new immigrants must face work frequently takes him to INS Fordham Law School at night, – Unbundled Legal Services in the wake of 9/11, it wouldn’t hurt hearings and immigration court, is where he took his law degree in to have a lawyer with the brains of a currently working on two cases. 1993 at the respectable age of 57. 2005 Cardozo Lecture nuclear engineer. A native Parisian, Henri Gueron After working 20 years as a Enter Dr. Henri M. Gueron. immigrated to America some 40 nuclear engineer for Con Ed, “Academic Freedom” Gueron is a recent retiree who vol- years ago and graduated from M.I.T. Gueron branched out to become a Wed. March 23, 7 pm unteers three days a week at the with a doctorate in nuclear engineer- senior attorney at Con Edison, spe- City Bar Fund’s Refugee Assistance ing. Con Edison hired him in 1974, cializing in intellectual property law, To be delivered by Program, where he works exclusive- not as a lawyer, of course, but as an energy law, and contracts until his Lee C. Bollinger, ly on asylum cases and has success- engineer and utility executive. He retirement in 2001. President, Columbia University. fully represented 10 applicants and eventually, became the utility’s their families from many far-flung director of nuclear fuel and coal See page 9 for details. Continued on pg 4. Human Rights and Due Process Continued from pg.1

The essence of the Bush supporting terrorism. These work for balance of power specific intent was to obtain Administration’s argument regard- detainees essentially exist in a “no established by the Supreme Court. information.] ing detainees is that: man’s land” of law, unprotected The president’s assertion of such While the U.S. must be vigilant, by either domestic or international Article 2 power is of particular we do not believe the 9/11 attacks • The Geneva Conventions are law. Therefore, the argument import in the current situation, as justify the abandonment of basic “obsolete” and “quaint” in the goes, they have no rights. They the war on terrorism has no principles of human rights and due words of Mr. Gonzales. The have no right to counsel, to be limited battlefield and would process. Detainees should have the administration’s interpretation of brought up on charges, to access seem to have no end. protection they are entitled to under the Conventions departs from the courts or to escape indefinite U.S. and international law, includ- U.S. policy of the last half century Judge Gonzales has not commitment. Indeed, the non- ing, as eight of the nine Supreme and from the common understand- renounced any of these policies. In citizen detainees may be tried by Court Justices said in Hamdi v. ing of the international community. contrast, this Association argued, in military commissions under the our brief in Hamdan, that at least Rumsfeld, the right of access to • The U.S. is no longer limited by sole control of the Executive minimal protections of the Geneva judicial process to challenge their its own long-standing policy to Branch and sentenced to death Conventions do indeed apply to all detention. The continued resistance abide by the full range of prohibi- without recourse to the Judicial persons detained during an armed of the government to this decision is tions against torture and cruel, Branch (if they are acquitted by conflict, irrespective of POW status. one policy the attorney general has inhuman and degrading treatment the commissions, they may still Common Article 3 of the the power to change. set forth in the Geneva be detained indefinitely). Any Conventions has attained the status The new attorney general, as the Conventions and the Convention “privileges,” such as a status of customary international law, and nation’s chief legal officer, should Against Torture and Other Cruel, hearing or meeting with counsel, provides basic rights to all persons be the prime exponent of these basic Inhuman or Degrading Treatment. extended to the detainees, the so detained, including freedom from principles. We must look to him • U.S. personnel engaging in torture argument goes, are provided torture and the right to a hearing to defend our liberties. We hope may be able to assert a defense of solely at the President’s discretion. with basic legal protections before Judge Gonzales will rise to this necessity – that the torture was • The final peg of the argument is being sentenced. The Convention responsibility. “necessary” to prevent future that U.S. laws and treaties ratified Against Torture also applies and not terrorist attacks. by the U.S. would be unconstitu- only covers torture but other cruel, • The U.S. may detain any person tional if applied to limit inhuman or degrading treatment identified by the president as an presidential authority in treating despite contrary arguments adhered “enemy combatant.” Anyone, detainees and in undertaking to by the administration for months. military operations more [In a December 30th memo, the including American citizens, can 44th Street be so labeled and detained, generally. As we wrote to Judge administration retreated from two including, as the Justice Gonzales, “{t}his novel view runs particularly indefensible legal argu- Department admitted in a recent counter to well-settled interpreta- ments it had made: that treatment N TES oral argument, a “little old lady” tions based on constitutional can only constitute torture if it caus- JAYNE BIGELSENEDITOR who gives money to a charitable history, structure, and text, not es pain equivalent to losing an • organization she believes helps • least of which are grants of organ or of similar severity, and that MATT KOVARY ASSOCIATE EDITOR orphans without realizing the author ity to Congress under someone committing torture can be government has identified it as Article I,” and ignores the frame exonerated as long as his or her MARK SCHWARTZ ART DIRECTION/LAYOUT

Nominees for Association Offices & Committees ARLENE MORDJIKIANPRODUCTION ASSISTANT

The following candidates have been nominated for the Association's various offices and committees. Those elected SHARON MACNAIR ADVERTISING will be announced at the Annual Meeting of the Association on May 17, 2005. Pursuant to By-law XXIII, other (212) 382-6630 nominations must be posted no later than April 1, 2005. BARBARA BERGER OPOTOWSKYEXECUTIVE DIRECTOR President Executive Committee Nominating Committee Bettina B. Plevan Class of 2007 (for election to five positions) Printed on recycled paper Joseph Hill Jane E. Booth 44TH STREET NOTES (ISSN 10791019) is Vice Presidents Zachary W. Carter published monthly except July and August for $25 per year by The Association of the Barbara S. Jones Executive Committee Evan A. Davis Bar of the City of New York, 42 West 44th Barry M. Kamins Class of 2009 Leroy Frazer, Jr. Street, New York NY 10036-6689. Carlos Ortiz Cathleen A. Clements Hector Gonzalez Periodicals postage paid at New York NY. Barbara S. Gillers Bruce A. Green Postmaster: Send address changes to 44TH Secretary Jeh C. Johnson Joan Guggenheimer STREET NOTES, 42 West 44th Street, New Cyrus D. Mehta James A. Yates Barbara Jaffe York NY 10036-6689. For subscription Gregory P.N. Joseph information, please call (212) 382-6695. Treasurer Audit Committee Edwina F. Martin ABCNY Members: James L. Lipscomb Laurie Berke-Weiss To change your address, please contact (212) 382-6665 or [email protected] Allan L. Gropper Marcia E. Simms www.abcny.org 2 NEW COMMITTEE REPORTS

Bankruptcy and Corporate Reorganization judicial proceedings and the right to be tried by an independent and Proposed Revisions to 11 USC Section 365(c)(1) The proposed revisions impartial tribunal. would amend section 365(c)(1) to differentiate between limited, generally accepted instances where a trustee cannot assume or assign an executory International Commercial Dispute Resolution contract or unexpired lease and the instances where assumption is permit- Proposed amendment of the New York Civil Practice Law and Rules ted but assignment is prohibited without consent. This amendment would Section 7502(c) to permit attachments and preliminary injunctions in end confusion and the recording of disparate decisions on a debtor’s rights connection with national and international arbitrations. The report argues to assume or assume and assign a contract where assignment is prohibited that New York law regarding the authority of the courts to issue the provi- by applicable law. sional remedies of orders of attachment and preliminary injunction in Crisis Managers and Disinterestedness Under the Bankruptcy Code. This cases involving arbitration is inconsistent, contrary to the prevailing rule report addresses the situation in which a company hires a crisis manager to in effect in other jurisdictions and seriously out of date. New York is one help avoid filing for bankruptcy or to prepare for such a filing, but may be of the world’s major centers for national and international arbitration yet unable to retain the crisis manager after the bankruptcy filing because of New York law fails to give its courts authority in this area, prejudicing the the stringent “disinterestedness” requirement of Bankruptcy Code section rights of New York citizens and companies. The proposed amendment 327(a). The report analyzes the current state of the case law, discusses the would extend the court’s current authority to issue provisional remedies in attempts of some courts to permit crisis managers to be retained after the domestic arbitrations to include all arbitrations, including international filing, and proposes legislative changes to the statutory definition of disin- arbitrations. terestedness which would permit crisis managers to be retained as profes- sional persons despite previous service as officers or directors. International Human Rights Letter to the International Commission on Inquiry on Darfur expressing Bankruptcy and Corporate Reorganization, Uniform State Laws concerns about serious violations of international human rights and Letter to the New York State Legislature recommending that the humanitarian law that have been committed in Darfur, including war Legislature repeal New York’s existing fraudulent transfer statute and crimes and crimes against humanity. The letter urges that the U.N. replace it with a statute based on the Uniform Fraudulent Transfer Act Security Council refer the situation in Darfur to the International (UFTA). The letter goes on to reason that the existing statute is based on Criminal Court to ensure that justice is done. the Uniform Fraudulent Conveyance Act (UFCA), which was promulgat- ed in 1918, and only four states including New York still base their fraud- Judicial Administration, Election Law, Government Ethics ulent transfer statute on the UFCA. By enacting a fraudulent transfer Comments to the Office of Court Administration with regard to proposed statute based on the UFTA, New York would have a statute that was more rules addressing judicial elections. The proposed rules would establish modern and practical and would promote uniformity among the states. judicial qualifications commissions to evaluate judicial candidates and make other changes with regard to judicial elections and campaigns. The Civil Rights, International Human Rights, International Law, comments made a number of recommendations with regard to the pro- Military Affairs and Justice posals, and stressed the Association’s concern that the shortcomings of the judicial election process run too deep to be significantly improved by the Letter from the Association President to Alberto Gonzales expressing the establishment of these qualifications commissions. The comments noted Association’s concern with regard to several legal positions taken by the the Association’s long-time support for selection of judges by a merit United States government in connection with the September 11 attacks. appointment process and, until that is achieved, its support of a process by The policies causing concern include legal justifications for extreme inter- which political parties would establish independent committees that rogation techniques, unduly limited application of the Geneva would recommend only three persons per vacancy, from which the parties Conventions to the “war on terrorism”, the use of military commissions to would pledge to choose their candidate. try enemy combatants, the transfer of prisoners to countries that practice torture and the assertion of presidential authority to ignore statutes and Matrimonial Law treaties in pursuing the “war on terrorism”. Amicus Brief: Chen v. Fischer. The brief filed, with the New York Court of Appeals, urges the court to hear an appeal of this Appellate Division, Civil Rights, Federal Courts, International Human Rights, Second Department decision, the practical effect of which is to make join- International Law, Military Affairs and Justice der of all interspousal torts in divorce proceedings mandatory. Mandatory Amicus Brief: Hamdan v. Rumsfeld. The brief, filed with the United States joinder will cause divorce cases to be more protracted and more adversari- Court of Appeals, District of Columbia Circuit, argues that the Geneva al. The brief states that if Chen is left to stand it will increase the number Convention applies to the conflict in Afghanistan. The brief makes the and complexity of contested divorces in New York; lead to discovery abus- case that Hamdan, a foreign national captured in the Afghan conflict, is es in matrimonial cases; result in increased cost to divorce litigants; pro- entitled to the protections afforded a prisoner of war, until his status is long divorce litigation; and have a harmful effect on domestic violence vic- determined in a proceeding, and in any event is entitled to the protections tims, as they are the group most likely to have a personal injury cause of of Common Article 3 of the Geneva Conventions. Common Article 3 action against their spouse. protections include basic judicial safeguards such as the right to be present at trial, the right to cross examine adverse witnesses, the right to prompt, Continued on pg 10. 44TH STREET NOTES MARCH 2005 3 Post-Retirement Pursuits Open Up New Worlds

Continued from page 1. at it for awhile, to get a vision of what’s inside Russia’s Business Climate your stone. You become completely absorbed in what you’re doing.” Dennis Hawkins and Roger Pugh help courageous attorneys One Foot in the Office build entire legal sys- For James Nespole, retirement would mean tems in the former living his dream as a “gym rat,” and writing Soviet Union. Both mystery novels in Venice, Italy. He is, however, Hawkins and Pugh in the “step down” program at Fulbright & observed that the Jaworski, where he is a partner. “In a past life I entrenched system of ran litigation for the City of New York,” he said. Henri M. Gueron government corruption The $100-million cases he handles at Fulbright in former Soviet coun- “Law is something I came to rather late in my have taken him to South Africa, England, France, Roger Pugh tries discourages for- career,” says Gueron, who joined the City Bar Texas and the American West. eign investors. “All you can do is encourage and Nespole will still attend to his firm, but plans Association in 1994. “The practice of law is a assist these newly independent countries, but they to take classes at Columbia University next year precise and very well-framed activity that have to decide what to do for themselves,” and spend more time with his four grandchildren. attempts to be as logical as science. The require- said Pugh. ment of clarity is common to both fields,” he “Fulbright’s clients are institutionalized,” he explained. “You build relationships over the many Hawkins spent most of 2004 handling confides. years. You’ve got to move away gradually.” projects for the American Bar Association’s “As my retirement age approached, I knew I Central European and Eurasian Law Initiative. wanted to continue my work as an attorney. I “Our Kiev office is around the corner from read about the City Bar Fund’s Public Interest Mentoring Independence Square,” he said. “I could look programs in the Association’s newsletter [44th Young down the block and see hundreds of thousands of Street Notes]. Carol Bockner [ the Fund’s Attorneys opposition people with orange banners, singing, Director of Pro Bono Initiatives] arranged several winning the attention of the world community for interviews for me, including one with Lauris Retirement is a the Ukraine.” Hawkins said. Wren, who was at the time the Director of the third career for Kay A former teacher of the emotionally handi- Refugee Assistance Program, and I signed up. Murray. First a capped, he attended St. John’s Law School at researcher and college Since then, I have had the good fortune of night. He went on to head the rackets division in teacher with a mas- achieving a seamless transition from a very ful- Brooklyn for District Attorney Charles “Joe” ter’s degree in psy- filling career to a fascinating, post-retirement Hynes and worked for NYPD Internal Affairs chology, she was involvement in a new area of law.” before retiring at age 55. He also served as coun- admitted to the Bar at sel to the executive secretary of the City Bar. age 41 and served 22 Kay Murray Small years as general coun- “I wanted to teach something on corruption, Business sel to the New York City Department of Juvenile but I didn’t have the necessary Ph.D.,” he Justice. explained. Despite that, Hawkins received an e- Advocate Besides coordinating a mammogram van at mail from the National Center for State Courts, “Most attorneys are the Harlem Community Courthouse for Judges seeking someone to work with a new anti-corrup- overachievers. We do and Lawyers Breast Cancer Alert, she is a direc- tion unit in Mongolia. They sent me there in things to build our tor of the New York Bar Foundation. She sits on January, 2003, in minus-20-degree weather. It resumes,” said Idelle the board of her co-op complex, a “naturally was incredible; I was smitten. So I went to Howitt. After a fast- occurring retirement community” with fitness, Georgia before the Rose Revolution. In Serbia, I track career in health and social activities for long-time trained the judiciary on how to handle a high pro- government, banking residents. file case – a trial for folks who had assassinated Idelle Howitt and finance, she Mentoring young attorneys is her prime the prime minister.” retired to Florida at age 50, when her Wall Street focus. She serves on City Bar’s C. Bainbridge Just about every August, Roger Pugh and his Smith Fund scholarship committee and on the appraisal firm merged with another company. wife Joanne would take their five children to live Board of Visitors at Columbia Law School. As a While continuing to write and lecture on tax abroad, often in a developing country like member of the Character and Fitness Committee and employee benefits law, she said, “I was sur- Mexico, Sudan or Kenya. Roger, a corporate and of the First Judicial Department, she interviews securities partner at Edwards & Angell, and then rounded by people significantly older than I was. applicants for admission to the bar. They would say, ‘Lord, if only I were 60 again, “My husband mentored me. We were Bar at Donovan Leisure Newton & Irvine, loved to I would do this and that.’ So I came back to junkies,” recalled Murray, whose late husband, travel. “When I discovered perhaps a little naive- New York.” Archibald, was president of the State Bar ly that I was going to be encouraged to retire in Volunteering through the City Bar Fund’s Association and head of The Legal Aid Society. 1992,” he saw an article in the Times about older Public Service Network, she teaches small busi- “Years ago we began inviting students and facul- Peace Corps volunteers. ness ownership to people on public assistance. ty and lawyers and judges to our home to help While looking for professional leads, Howitt has the students. I still run into successful lawyers taken up stone carving. “I’m working inside on the subway or on the street who remember tiger’s eye alabaster,” she explained. “You stare that we helped them start out.” 4 44TH STREET NOTES MARCH 2005 Post-Retirement Pursuits Open Up New Worlds

With so much knowledge of business devel- “You have to connect with Western law firms and “That day, I made a decision to go back into opment, he was shocked when a 25-year-old universities. Talk to people.” For example, at a law enforcement to try to help with the terrorist interviewer rejected him. He and Joanne, an public swimming pool in Croatia, he struck up a situation. I told [incoming Police Commissioner] NYU M.B.A., finally qualified with help from conversation with a man who turned out to be the Ray Kelly that I don’t care, I’ll do anything.” At their congressman. Sent to Paraguay, they U.N. High Commissioner for Refugees. That led the end of 2004, Hammerman, 67, retired after advised a savings and loan co-op and helped the to plum assignments. three years from his dollar-a-year post as NYPD Paraguayan-American Institute build revenue deputy commissioner for legal matters. streams. Never Too Late “I had too much fuel and energy that would Back in the United States, Pugh served as an have been wasted if I had retired after Merrill assistant city corporation counsel, until the cou- To Realize Your Dream Lynch,” he said. “This department is so diverse, ple, through Washington, D.C.-based Freedom Steve Hammerman’s resume includes stints so ecumenical. It’s amazing, but it’s 10 hours a House, joined American Volunteers in at Dewey Ballantine, the U.S. Attorney’s office day, 6 days a week, at least, and I’m married to International Development. Assigned to Riga, and Paul, Weiss, Rifkind, Wharton & Garrison. my best friend. My wife started a program for Latvia, on the Baltic Sea, they advised 13 non- He was regional administrator for the Securities women with disabilities at the Hospital for Joint governmental organizations on strategic planning and Exchange Commission. He became general Diseases. We’re going to devote more time to and fundraising. Joanne picked up consulting counsel and vice-chairman at Merrill Lynch. He help disabled people obtain new chances. jobs, and Roger followed her, coordinating was in their World Financial Center offices on “I’ve been so fortunate in my life, but 50 years international monitors for Ukrainian elections for Sept. 11, 2001. ago, I was totally crestfallen. I was a gymnast. I the National Democratic Institute. “Volunteering could do 200 pushups, but the Police Department is like looking for a job,” Pugh advised. told me I was too short for them. I got even. I got my dream by finally getting in here.”

Plan Your Retirement: Senior Lawyers Committee Offers Ageless Advice

hen acting State Supreme Court “The program digs beneath the surface to help in government. Others can teach or launch new Justice Paula J. Omansky attorneys nearing retirement age to deal with careers apart from law. Financial planning, he reached mandatory retirement some of the options and problems that spring up said, is critical. W age at the end of 2004, word with a life-cycle change,” said Edward Labaton, “Our goal is to connect senior lawyers with spread that she planned to take Hebrew and vio- chair of the Senior Lawyers Committee and a their interests,” explained Doris Keeley, secretary lin lessons. “Not to achieve any proficiency,” she senior partner at Goodkind Labaton Rudoff & of the committee who is retired from Citibank. mused, “just to learn how to get all those gor- Sucharow. “Networking is crucial and we’re a conduit for geous sounds out of four strings. It’s always “In the legal world in the last 20 years, a information.” been a mystery to me.” quiet revolution that no one’s talking about has The Senior Lawyers Committee meets once a Also required to retire at 70, acting Justice taken place at virtually all of the large firms and month. It provides one-on-one mentoring for John A. K. Bradley signed up for classes in digi- some small and medium ones,” Labaton students at Martin Luther King Jr. High School tal photography at the New School. Considering explained. “They’re requiring attorneys, even and sponsors an extremely popular series of pub- his penchant for trekking to places like a Mount partners, to retire, as early as age 63. Some are lic affairs luncheons and special events. Everest base camp, updated picture-taking skills permitted to be of counsel. But still, many feel will come in handy. Besides visiting Bali, Java, they’re at the peak of their powers. They aren’t SAVE THE DATE India and Mount Rainier in 2005, he will also at all ready to stop working.” serve as a per diem judicial hearing officer, Even when generous retirement packages Retirement: Fresh Challenges supervising jury selection at 60 Center Street. with substantial lifetime benefits and an office & Opportunities “You get conflicting advice about retirement,” and secretarial assistance are included, he said, said Bradley. “They say that you can’t go to “it eases the pain, but some lawyers still are dis- May 25, 2005 work full time and suddenly stop. But also, that satisfied with having to retire at this point in their The 2005 retirement program, sponsored by the you shouldn’t tie yourself up right away, because careers.” all kinds of new possibilities will come to you. Labaton, an avid squash player who himself Senior Lawyers’ Committee, will be held at The thrust of it, I believe, is that you’ve got to works “a two-thirds schedule” at his firm, said Association on May 25th at 5 p.m. The line-up remain active.” there are tremendous opportunities to do part- includes a psychotherapist, a money management Bradley credited the Association’s annual pro- time legal work for charitable, arts or other non- gram on retirement planning for helping him. profit institutions, or as dollar-a-year employees advisor, an Association staffer knowledgeable about pro bono opportunities and a prominent guest speaker to share retirement experiences. 44TH STREET NOTES MARCH 2005 5 ASSOCIATION SERVICES

The City Bar Association, A Place for Law Students to Relax and Study

ired of hanging out in the law school student lounge? Why not Another career enhancing opportunity available to law student members visit the City Bar instead. The Association, which has more than is to join one of the Association’s committees. Becoming a committee 1,500 law student members, is conveniently located on West 44th member is an excellent way to meet and get to know practitioners in that T Street, where it offers educational programs for lawyers and the field. These contacts, and the relationships that may develop, can be invalu- public most evenings. able to the young lawyer. If you are interested in learning more about the Law school can be a difficult and confusing time. In addition to the law student member program please visit our website at www.abcny.org and pressures of a daily curriculum, there is also the pressure of charting a click on the Law Student page. career. How do you know what practice area you want to work in? Where can you network? How do you get to know and talk to practicing attorneys? Upcoming Programs of Interest to Law Students The answers to these questions may be found at the Association, which A Look Ahead to the New Congress: offers full annual memberships to law school students for only $25. The fee What to Expect, How to Stay Informed also entitles members to have full access to the Association’s Law Library, Monday, March 7, 2005 the largest private law library in the country. 8:30 - 10:00 am Our Committee on Law Student Perspectives understands that law school cannot possibly teach you everything a young lawyer needs to know Career Opportunities In Labor & Employment Law: about day-to-day practice, so the committee seeks to enhance the law school A Panel Discussion for Law Students experience through the programs it offers at the Association. To do this, the Thursday, March 10, 2005 committee plans a number of programs on what it is really like to practice 6:30 pm - 8:30 pm in a particular area of law. (See winter/spring 2005 programs listed at right.) These programs give students an insight to a practice area that they Careers In New Media and Internet Law: cannot gain from reading the course casebook. Annually, the committee A Panel Discussion for Law Students presents a program on “The Art of Schmoozing,” which teaches valuable Tuesday, March 15, 2005 networking and communication skills not often found in law school. 6:30 pm - 8:30 pm

6 44TH STREET NOTES MARCH 2005 ABCNYMarch 2005 Calendar of Events

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 is subject to change. Please check our website at www.abcny.org for the latest program information.

1 Tuesday, 6-8 pm assistance. This orientation and train- 7 Monday, 8:30 - 10 am 7 Monday, Noon-2 pm ing program is for attorneys interest- Catholic Judges and the ed in volunteering at our on-site legal A Look Ahead to the New ADR LUNCHEON Death Penalty: clinics for the elderly or taking a pro Congress: What to Expect, bono case. Volunteers will learn the The Promise of A Conversation with the basics of benefits for older New How to Stay Informed and Transformative Mediation Hon. Guido Calabresi Yorkers and how to prepare simple How to be Heard in Corporate America wills, health care proxies, powers of The third part of this three-part series High-level Washington insiders will The transformative mediation model attorney and living wills. Attorneys will explore the legal, social, and ethi- share their insights on the new is often associated with resolving con- who attend the training are expected, cal questions which arise when Congress and what to expect on flicts in the family law arena. within one year, to volunteer at two Catholic judges bring their religious issues ranging from class action and However, this conflict resolution the- legal clinics, or accept three case values and perspectives to bear on medical malpractice, to the Supreme ory may also hold great promise for assignments, or prepare and execute their role in death penalty cases. Court, Social Security, the Patriot companies that want to foster good one basic will for a homebound sen- Judge Calabresi serves on the U.S. Act, and the economy. working relationships and enhance ior. In the event that an attendee Court of Appeals for the Second productivity and morale within their fails to satisfy the volunteer require- Circuit and is former dean of Yale Speakers: business organizations. Our panel of ment, he or she will be charged for Law School. A reception will follow. REPRESENTATIVE experts will describe what transforma- the cost of the training ($165 for Please Note: This program will take JERROLD NADLER (D-NY) tive conflict theory is, how it has members, $255 for non-members). place at Fordham University School Member, House Judiciary Committee been successfully applied in corpora- CLE credit will be provided. Credit of Law, 140 West 62nd Street, tions and other large institutions in breakdown TBA. BERNARD NUSSBAUM Rooms 430 B and C, New York, NY. Wachtell, Lipton, Rosen & Katz; for- the past and how the approach may help to support the goals of your Moderator: mer White House Counsel to Co-sponsored by: organization in the future. VIVIENNE DUNCAN President Clinton Fordham University School of Law Program Director, Elderlaw Project, Institute of Religion, Law & BENJAMIN GINSBERG Moderators: City Bar Fund Lawyers' Work; The Guild of Patton, Boggs LLP; national counsel STEPHANIE MORSE-SHAMOSH Catholic Lawyers of the Archdiocese to the Bush-Cheney presidential cam- First Vice President, UBS Financial Speakers: of New York; The St. John's paign Services, Inc. ALICE HERB University Catholic Lawyer Assistant Clinical Professor of Family TAMERA LUZZATTO FAITH WU Practice and Associate at Law, SUNY Chief of Staff to Senator Hillary Attorney-Mediator For more information and to register by Health Science Center at Brooklyn Clinton Monday, February 28, please contact Speakers: Amy Uelmen, Dir., Institute on MARTIN PETROFF TERENCE SAMUEL PROF. ROBERT A. BARUCH BUSH Religion, Law & Lawyer's Work at Lamson & Petroff Chief Congressional Correspondent, Institute for the Study of Conflict (212) 636-7328 or email lawreli- U.S. News and World Report Transformation, Inc., Hofstra Law [email protected] STEVEN RATNER School Law Offices of Steven M. Ratner CHRISTINE VARNEY Hogan & Hartson; SALLY POPE, M.Ed., J.D. former Federal Trade Commissioner Spaces are limited and are filled on a Fellow, Institute for the Study of 1 Tuesday, 6-9:30 pm first-come, first-served basis. For more To RSVP, please go to www.abcny.org. Conflict Transformation, Inc. information, please contact Olivia Elderlaw Project Pro Bono Herman, Program Coordinator, at: Registration by March 2 is necessary. Training [email protected]. The fee, which includes lunch, is $20 The Elderlaw Project provides low- for members; $30 for non-members. income seniors with free legal services Please register on page 10 or online at in various areas of law, including www.abcny.org. health care, wills and public benefits. One-on-one legal clinics and on-site community forums provide clients with important information and

44TH STREET NOTES MARCH 2005 7 ABCNY March 2005 Calendar of Events

8 Tuesday, 9-10 am JONATHAN GARDNER 10 Thursday, 6:30-8:30pm Mark Lopeman, clarinets. Also per- Goodkind, Labaton, Rudoff & forming are Clare Detko, violin; SMALL LAW FIRM EVENT Sucharow LLP Career Opportunities In Katherine McHale, viola; Irene ten Cate, cello; and Ted Shapiro, piano. Having a Website is Like JUSTIN SWARTZ Labor And Employment Outten & Golden LLP Having a Business Card Law: A Panel Discussion Admission is $10 at the door. Please join the Committee on Small For Law Students For more information, please call Law Firms for a presentation on the This program for law students will (212) 788-1093. importance of having a website. The focus on how to prepare for a career discussion will include why you 10 Thursday, 12:30-2 pm in labor and employment law. The should have a website and how to topics discussed will include: distinc- build an effective site to grow your tions between labor and employment SMALL LAW FIRM LUNCHEON practice. law; distinctions between the repre- 15 Tuesday, 6:30-8:30 pm Saving Time and Money sentation of management, employees, Speaker: By Avoiding the Avoidable and unions; and the intersection of Careers in New Media and JUDY MINES Interruption labor and employment law with other Internet Law: A Panel TAG Online, Inc. practice areas. Panelists will also dis- This will be a discussion of the bene- Discussion for Law cuss the various settings in which fits of thinking ahead. By setting up There is no fee for this event and coffee attorneys can practice labor and Students procedures and taking certain steps to will be served. employment law. A networking This program for law students will avoid a problem, you can prevent reception will follow and refresh- focus on how to prepare for a career events that will keep you from getting ments will be served. in New Media and Internet Law. your work done. The program will The panelists will first define and also discuss the benefits of planning Moderator: describe these practice areas, then dis- for less than catastrophic events, such 8 Tuesday, 6:30 - 8:30 pm DARRELL S. GAY cuss their experiences, potential career as not being able to physically get Coudert Brothers LLP opportunities, and the best way to Diversity Pitfalls: into your office, or what happens if prepare for opportunities in these the electricity goes off. Speakers: Becoming a Leader in the fields. A networking reception will HANAN B. KOLKO follow and refreshments will be Workplace Despite the Moderator: Meyer, Suozzi, English & Klein, P.C. served. CAROL A. SEELIG Politics of Race, Gender, JULIE B. KRASNOGOR Professional Practice Management Moderator: Religion and Sexual Krasnogor & Krasnogor LLP Advisor ARLENE C. CHASE Orientation OMAR T. MOHAMMEDI Sr. Director/Business & Legal Affairs, Speakers: Through interactive role playing and Commissioner, New York City Sony BMG Music Entertainment KATHLEEN LUCEY the use of multimedia presentations, Commission on Human Rights; The Montague Technology Management, a panel of employment and labor Law Firm of Omar T. Mohammedi practitioners will offer their expert Inc. LAURIE N. ROBINSON advice in handling issues such as PHYLLIS WEISS HASEROT Assistant General Counsel, CBS harassment and disparate treatment Practice Development Counsel 15 Tuesday, 6:30-8:30 pm in the workplace. This program is Broadcasting, Inc. designed to provide career develop- GREG WILLIAMS Associate Roundtable ment for attorneys at all stages in Akin Gump Discussion Series their careers, as well as substantive WILLIAM BELMONT The Committee on Recruitment and guidance for the employment law The Belmont Group, LLC Retention of Lawyers invites female attorney. 11 Friday, 6 pm associates to discuss their concerns JEFF LEVINE and thoughts about attorney reten- FRIDAY EVENING CHAMBER Introduction: The System Shop tion issues at the Committee's inau- MUSIC AT THE ASSOCIATION DANIEL SILVERMAN gural Associate Roundtable Skadden, Arps, Slate, Meagher & Supported by LexisNexis. Modern Chamber Music Discussion Series. Various partners Flom LLP for Clarinets and senior level attorneys from New Registration by March 3 is necessary. York City firms will moderate the Moderator: The fee, which includes lunch, is $20 This program will include Poulenc's roundtable discussions. Attendance is NATALIE HOLDER-WINFIELD for members, $30 for non-members. Sonata for Two Clarinets and his free and is limited to the first 50 Quest Educational Initiatives Please register on page 10 or online at Sonata for Clarinet & Piano; attorneys who express interest in Webern's Quartet for Violin, Speakers: www.abcny.org. attending the session. Clarinet, Tenor Saxophone & Piano, ABIGAIL PESSEN Op. 22; Hiyoku's Sonata for Two Mediation Services For more information, please contact Clarinets; and Martinu's Serenade for Hazel-Ann Mayers, at (212) 846-4774 Violin, Viola, Cello, and Two or [email protected]. Clarinets. Mary Beth Fenlaw and

8 44TH STREET NOTES MARCH 2005 ABCNY March 2005 Calendar of Events

16 Wednesday, 8:30-10 am 23 Wednesday, 7 pm 29 Tuesday, 6:30 pm LILLIAN MOY Executive Director, Legal Aid Society Staging a Career 2005 Annual Benjamin N. The Relevance of of Northeastern New York, Chair, NYSBA Committee on Legal Aid Comeback: Getting Past Cardozo Lecture International Criminal the Red Flag on Your “Academic Freedom” Justice in Today's World HON. JAMES MCGUIRE former Counsel to Governor Pataki Résumé Lee C. Bollinger, the President of What is the International Criminal Been away from practice for a while? Columbia University, will deliver the Court? How can criminal justice be HON. JAMES YATES Got a gap on your résumé that needs Association's annual Cardozo achieved internationally? Post-Abu former Counsel to Assembly Speaker explaining? Trying to re-tool to a Lecture. The topic of the lecture will Ghraib, can the ICC make a differ- Sheldon Silver new practice area or setting? This be “Academic Freedom.” ence? Join noted international law The Cardozo Lecture was established interactive panel is designed to help experts Philippe Kirsch and Ruth Co- Sponsored by Legal Services for in 1941 in remembrance of former you position yourself for a successful Wedgwood for a conversation on the New York City and the Legal Aid Supreme Court Justice Cardozo's career comeback. Speakers will role of the International Criminal Committee of the New York State "love for the law, passion for justice, address the challenges of "making Court in our world today. Bar Association. and sympathy for humanity." your case" as a candidate, including writing effective cover letters and A reception will follow. Moderator: answering tough interview questions. DAVID STOELTING To register, email [email protected] Chair, Committee on African Affairs or call (212) 382-6660. Moderator: Speakers: EVENT SPOTLIGHT GIL ALLISON PHILIPPE KIRSCH Senior Vice President, Career President, International Criminal Monday, March 7, 2005 Consulting, Right Management Court Consultants 24 Thursday, 7 pm 8:30 - 10 am RUTH WEDGWOOD A Look Ahead to the New Speakers: The United Nations: Edward B. Burling Professor of ARI A. KATZ Proposals for the 21st International Law and Diplomacy; Congress: What to Expect, Legal Recruiting Manager, Bingham Century Director of the International Law and How to Stay Informed and McCutchen LLP Organization Program, The Paul H. How to be Heard A discussion on the reform of the Nitze School of Advanced SANG J. LEE United Nations as it approaches its International Studies, The Johns ave you ever wondered President, SJL Attorney Search sixtieth anniversary. Hopkins University what kind of backroom deals go into the final Registration by March 11 is necessary. Moderator: Co-sponsored by: copy of a bill? Do you The fee, which includes breakfast, is ELIZABETH F. DEFEIS H Canadian Consulate General hear “social security is a priority,” $10. Please register on page 10 or Professor of Law, Seton Hall then “It’s a red herring—they’re online please visit www.abcny.org University School of Law pushing tax reform” and wonder LINDA FASULO 31 Thursday, 6:30 pm who’s right? As the member of a UN Correspondent, NBC News; preeminent bar association, you longtime contributor, National Public 19 Saturday, 8 pm have the legal expertise, but are you Radio; author, An Insider's Guide to Is Permanent Public Lawyers’ Orchestra the UN (Yale University Press) Funding of Legal Services concerned that you don’t know the system well enough to effectively Early Spring Concert Achievable in New York? HON. PATRICK F. KENNEDY A Panel Discussion voice your opinion on the issues? The program will include Liszt, Les United States Ambassador, On March 7th the Association’s Preludes; Saint-Saens, Concerto for Representative for United Nations Welcoming Remarks: Federal Legislation Committee is Piano No. 2 in G minor, Op. 22 Management and Reform, United HON. JUANITA BING NEWTON hosting an event that will endeavor (Debra Takakjian, piano); Beethoven, States Mission to the United Nations Deputy Chief Judge of Justice Symphony No. 6, Op. 68 to answer your questions. At “A STEPHEN STEDMAN Initiatives and Administrative Judge (“Pastorale”) with David Bernard, Look Ahead to the New Congress: Research Director, High-Level Panel of the NYC Criminal Court Music Director and Debra Takakjian, What to Expect, How to Stay on Threats, Challenges & Change, piano. Please note: The program will BETTINA B. PLEVAN Informed and How to be Heard,” a Office of the Special Adviser, United President of the Association of the take place at the Pope Auditorium, Nations distinguished panel of Washington Bar of the City of New York 113 West 60th St. at insiders (listed on pg. 7) will be RUTH WEDGWOOD Columbus Ave., Manhattan. discussing issues including: class Edward B. Burling Professor of Panelists: Admission is $15 ($10 for seniors/ stu- International Law and Diplomacy; DAVID GRUENBERG action and medical malpractice; dents at the door. For more informa- Director of the International Law and former Counsel, NYS Senate Social Security Privatization; possi- tion, please call (212) 788-1093 or go Organization Program, The Paul H. ble Supreme Court nominees and to www.lawyersorchestra.org Judiciary Committee Nitze School of Advanced the Patriot Act. Join us for this International Studies, The Johns DWIGHT LOINES informative event beginning at 8:30 Hopkins University Political Director, a.m. at the house of the Association. Region 9 of the UAW 44TH STREET NOTES MARCH 2005 9 Association President Testifies at Death Penalty Hearing

Association President Betsy Plevan testifying at a New York State Assembly hearing on the death penalty held at the House of the Association on January 21st. Betsy was joined by Jeffrey Kirchmeier, Chair of the Association’s Capital Punishment Committee. Betsy reiterated the Association’s strong opposition to the death penalty. However she also warned that if the death penalty is to resume, specific revisions of New York law and procedure are needed to reduce the likelihood of the execution of the innocent. The testimony was based on a report by the Association’s Capital Punishment Committee which can be found on our website at www.abcny.org.

Association reports are available online at www.abcny.org. Or, you may order reports by writing New Committee Reports to the Director’s Office, calling (212) 382-6624, or emailing [email protected]. Please be sure Continued from pg 3. to include the committee name when making your request.

President State Courts of Superior Jurisdiction Statement with Respect to Release or Transfer of Detainees at Letter to the Administrative Justice, Supreme Court of the First Judicial Guantanamo. The statement referred to press reports suggesting the U.S. District, Civil Term commenting on the current draft of proposed rules for intends to release hundreds of detainees from Guantanamo and noted that the Commercial Division. The letter expresses concern that several of the to the extent prisoners are to be released or transferred to other govern- proposed rules would require judges to rule that a party has waived rights ments, such action is subject to the limitations of applicable U.S. law, even in situations where such waiver would be too harsh, leaving the including treaties, with regard to turning over the detainees to nations penalty of waiver too extreme and falling unduly on the party rather than with a reputation for torture. the attorney.

March 2005 ABCNY Registration Form ❐ ADR Luncheon - March 7 ❐ Staging a Career Comeback... - March 16 ❐ $20 Member ❐ $30 Non-Member ❐ $10 ❐ Small Law Firm Luncheon - March 10 ❐ $20 Member ❐ $30 Non-Member Name: ______Number of Reservations: ______Address: ______Total Enclosed: $______Please charge to my: ______❐ Mastercard ❐ Visa ❐ American Express City: ______Card Number: ______State:______Zip:______Expiration Date: ______Phone: ______Signature: ______Please return this form to: Meeting Services, Association of the 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.

10 44TH STREET NOTES MARCH 2005 CityBar Center for CLE March 2005 CLE Course Calendar

Monday Tuesday Wednesday Thursday Friday 123 4 REAL ESTATE CORPORATE & SECURITIES 6-9 p.m. 9-1 p.m. Basics of Real Estate Lending Hedge Funds - Current 3 credits Developments in Operating & Regulatory Issues 4 credits

7 8 91011 NON-PROFIT ELDER LAW ORGANIZATIONS 6-9 p.m. 6-9 p.m. Fundamentals of Medicaid & The IRS’s New “Tax Exempt Long-Term Care Planning Compensation Enforcement 3 credits Project:” What Non-Profits Need To Know See March 17 for Part II. 3 credits

14 15 16 17 18 LEGAL WRITING ENERGY LAW TAX & ACCOUNTING ELDER LAW 9-4:45 p.m. 9-12 p.m. 6-9 p.m. 6-9 p.m. Real World Document Hot Topics in Energy Law: Income & Estate Tax Aspects Current Issues in Medicaid & Drafting: Form, Style and Legal & Regulatory of Life Insurance Long-Term Care Planning Substance Developments 3 credits - Part II 7 credits 3 credits 3 credits

21 22 23 24 25 COMMERCIAL LAW PRODUCT LIABILITY FAMILY LAW CORPORATE & SECURITIES 6-9 p.m. 6-9 p.m. 6-9 p.m. 9-1 p.m. Check 21: Business, Legal & Navigating the Labyrinth of Advising Lesbian, Gay, Introduction To The Deal: Regulatory Perspectives on Complex (Including Bisexual and Transgender What’s Involved In A Bank Check Processing in the 21st Multidistrict) Product (LGBT) Clients on Protecting Financing? Century Liability Litigation Their Families and 4½ credits 3 credits 3 credits Relationships 3 credits

Cancellations & Refunds For live programs & video replays, refunds & 28 29 30 31 program credits are available provided cancel- ETHICS CRIMINAL LAW LEGAL WRITING lation is made in writing & received by the 6-9 p.m. 6-9 p.m. CityBar Center prior to the program. A $25 6-9 p.m. administrative fee will be charged for all Ethics for the Immigration Truth or Consequences: Discovery of Electronic refunds. The cancellation fee will be deducted Lawyer Growth and Development of Evidence: What You Need to directly from the refund. For program credits no administrative fee will be charged. 3 credits Federal Criminal Fraud Law Know With Respect to Program credits must be used within one year Enforcement Discovery of Paperless of the original program date. Cancellations 3 credits must be in writing & faxed to the CityBar Documents Center at (212) 869-4451. Refunds & program 3 credits credits are not available for the purchase of tapes, CDs, DVDs, course materials or online programs.

44TH STREET NOTES MARCH 2005 11 CLE March 2005 Course Listings by Practice Area

PATRICK McCARTY Commodities Futures Trading Commission Headquarters Office ROBERT E. PLAZE Associate Director Securities and Exchange Commission ROBERT VAN GROVER Seward & Kissel COMMERCIAL LAW CORPORATE & SECURITIES CLE Credit: 21 Monday, 6-9 p.m. 3 Thursday, 9-1 p.m. 4 credits in professional practice/practice man- agement. This program provides transitional Check 21: Business, Legal & Hedge Funds--Current credit for newly admitted attorneys. Regulatory Perspectives on Developments in Operating & st Live Program: Check Processing in the 21 Regulatory Issues $315 Member, $455 Non-member Century New rules and SEC enforcement activity has made the field of hedge funds increasingly com- Check 21, short for the Check Clearing for the plex. This program covers current developments 24 Thursday, 9-1 p.m. 21st Century Act, took effect on October 28, in hedge funds and brings together leading 2004. This program will explore the process of experts in the field to discuss among other things Introduction to the Deal: check clearing established by the new federal SEC enforcement issues and the new registration What's Involved in a Bank law, and the practical effect of this law for banks requirements. Operating issues including con- Financing? and their customers. This course will explain tractual disputes and trading systems, and rules major concepts and terminology used in the and regulations related to forming and operating This program will introduce lawyers to the statute and implementing regulations, including hedge funds will be presented by individuals basics of what to expect in a bank financing, for the new Check 21 warranties, indemnities and from leading investment firms. The program will corporations and other business entities. A fac- recredit rights. It will also provide a glimpse at also touch on a variety of interesting topics ulty of experienced practitioners will explain the challenges faced by banks, large and small, in including how to avoid problems in the enforce- issues that arise in a bank financing, including an implementing the new law, and will glance into ment environment and the best practices for pro- overview of the credit process, structuring, what issues that may be faced by bank customers, cor- tecting hedge funds from liability. constitutes secured or unsecured loans and the porate or consumer, when they write checks. circumstances under which they occur, timing Program Chair: considerations, due diligence procedures, Program Co-chairs: N. ADELE HOGAN financing statement searches, real estate issues, including environmental surveys and practical WILLIAM KLIMASHOUSKY Cravath, Swaine & Moore LLP pointers in getting a financing deal signed and Citibank, N.A. Faculty: closed. This program will address the concerns SOPHIA R. VICKSMAN STEPHANIE R. BRESLOW of both the lender's and the borrower's counsels. Schulte Roth & Zabel LLP Federal Reserve Bank of New York DAVID N. BROOKS Program Chair: Faculty: Fortress Investment Group LLC BRUCE P. LEVINE LLOYD G. HARRIS Buchanan Ingersoll, P.C. Vice President NORMAN B. CHAMP III JPMorgan Chase Bank Co-Chief Operating Officer & General Counsel Faculty: Chilton Investment Company, Inc. JILL R. MINDLIN STEPHANIE A. HELLER GARRETT I. FILLER Schulte Roth & Zabel LLP Counsel & Vice President General Counsel & Managing Director Federal Reserve Bank MILAN K. TYLER Ellington Management Group LLC Phillips Lytle LLP HENRY V. WYSOCKI RUTH S. GOODSTEIN Senior Counsel Senior Vice President CRAIG D. ZLOTNICK The Clearing House Payment Company L.L.C. UBS Financial Services Otterbourg Steindler Houston & Rosen, PC Alternative Investment Group CLE Credit: CLE Credit: JOHN G. GAINE 3 credits in professional practice/ 4½ credits total: 2 skills, 2 professional practice/ President practice management. This program provides practice management & ½ ethics. This program Managed Fund Association transitional credit for newly admitted attorneys. provides transitional credit for newly admitted NORA M. JORDAN attorneys. Live Program: Davis Polk & Wardwell Live Program: $185 Member, $285 Non-member $315 Member, $455 Non-member

12 44TH STREET NOTES MARCH 2005 CLE March 2005 Course Listings by Practice Area

LYNN A. NEILS CLE Credit Chief, Major Crimes Unit Both Programs: U.S. Attorney's Office, Southern District of 6 credits in professional practice/ New York practice management. PAUL L. SHECHTMAN Each Program: Stillman & Friedman, P.C. 3 credits in professional practice/ practice management. These programs provide CLE Credit: transitional credit for newly admitted attorneys. CRIMINAL LAW 3 credits total: credit breakdown to be deter- SAVE UP TO $115 BY REGISTERING FOR mined. This program provides transitional cred- BOTH PROGRAMS it for newly admitted attorneys. 29 Tuesday, 6-9 p.m. Both Programs: $315 Member, $455 Non-member Truth or Consequences: Growth Live Program: $185 Member, $285 Non-member Individual Program and Development of Federal $185 Member, $285 Non-member Criminal Fraud Law Enforcement Post-Enron, there has been substantial attention paid to federal securities fraud prosecutions. The panoply of federal fraud statutes, however, extends far beyond just the world of securities. Numerous other federal statutes, covering, for example, mail, wire, bank, healthcare, and ERISA fraud (to name just some) have continued in their development and remain important tools for federal prosecutors. An understanding of the expansion and development of these fraud pros- ecution tools is important to attorneys prosecut- ing or defending individual and corporate actors ELDER LAW alike. It is critically important that business ENERGY LAW people, executives, accountants, and their coun- 15 Tuesday, 9 - 12 p.m. sel (both in-house and at outside law firms) be 2 MEDICAID PROGRAMS: able to identify, and promptly and appropriately Hot Topics in Energy Law: handle, conduct that may be regarded as "fraud- The Fundamentals of Medicaid ulent" under one or more federal statutes. This Legal & Regulatory program will examine the growth and recent and Long-Term Care Planning Developments development of federal criminal fraud laws. Thursday, March 10, 6-9 pm This program will alert new and experienced Program Chair: & practitioners to the watershed of activity seen in ANDREW D. KAIZER Current Issues in Medicaid and the energy markets, ranging from legal and reg- Wilmer Cutler Pickering Hale & Dorr LLP ulatory initiatives on the state and federal level to dramatic developments in the financial arena. Faculty: Long-Term Care Planning An experienced faculty comprised of prominent ELKAN ABRAMOWITZ Thursday, March 17, 6-9 pm legal practitioners as well as regulatory staff will Morvillo, Abramowitz, Grand, Iason & Are your elderly family members or friends con- discuss the following: Silberberg, P.C. cerned about paying for the exorbitant costs of long term care? Is there a way to ensure that DANIEL R. ALONSO • Development of Renewable Portfolio they receive quality long-term care while having Chief, Criminal Division Standards in NY State the opportunity to preserve assets for their loved U.S. Attorney's Office, • Implementation of the FERC's Standards of ones? Is the answer Medicaid, Medicare, Long- Eastern District of New York Conduct Term Care Insurance? What must be done to • New York State and regional energy related MARK G. CALIFANO make the costs of long-term care affordable and issues Chief Legal Counsel what steps can clients take to maximize asset • What the Rating Agencies are doing Independent Inquiry Committee into the United preservation in the face of long term care costs? • Merchant Financing: can this project be saved? Nations Oil for Food Programme What if the client is incapacitated? A panel of experts in Elder Law will address these timely GARY P. NAFTALIS Program Chair: topics at this two-part seminar. The first pro- Kramer Levin Naftalis & Frankel LLP JOHN L. CARLEY gram will focus on the basics and the second Assistant General Counsel program will cover current topics. Consolidated Edison Company

44TH STREET NOTES MARCH 2005 13 CLE March 2005 Course Listings by Practice Area Faculty: those attending the knowledge and tools neces- documentation necessary and useful for BARBARA S. BRENNER sary to address such issues before they become strengthening the legal protection for all parties, Couch White, LLP ethical dilemmas and to help prevent situations including children. The program will discuss that would require discontinuance of representa- custody and adoption, estate and financial plan- CARL HOEMKE tion or more serious problems. ning as well as dissolution issues. The program Managing Director will also explore the legal ramifications for Standard & Poor's Program Co-Chairs: LGBT couples who married in other jurisdic- MARC RICHTER ALLEN E. KAYE tions but continue to reside in New York. Associate General Counsel Law Offices of Allen E. Kaye, PC Consolidated Edison Company Program Co-chairs: NANCY H. MOROWITZ LISA R. BADNER SAM M. LANIADO Fragomen, Del Rey, Bernsen & Loewy, LLP Counsel Read & Laniado, LLP DAN R. SMULIAN New York City Equal Employment Practices ANDREA WOLFMAN The New York Immigration Coalition Commission Thelen Reid & Priest LLP Faculty: CHRISTOPHER J. COLLINS PROFESSOR ELEANOR STEIN ROBERT E. JUCEAM Proskauer Rose LLP Albany Law School Fried, Frank, Harris Shriver & Jacobson LLP Moderator: KATHERINE KENNEDY HAL R. LIEBERMAN PROFESSOR EDWARD D. STEIN Senior Attorney Hinshaw & Culbertson Associate Professor Natural Resources Defense Council Inc. MICHAEL D. PATRICK Cardozo School of Law Fragomen, Del Rey, Bernsen & Loewy LLLP CLE Credit: Faculty: 3 credits total: 2 ½ professional practice/prac- ELLEN YAROSHEFSKY ERICA BELL tice management & ½ ethics. This program pro- Clinical Professor of Law Weiss, Buell & Bell vides transitional credit for newly admitted Executive Director, Jacob Burns Ethics Center BONNIE E. RABIN attorneys. Benjamin N. Cardozo School of Law Cohen Hennessey Beinstock PC Counsel, Hinshaw & Culbertson Live Program: DEAN SPADE CLE Credit: $185 Member, $285 Non-member The Sylvia Rivera Legal Resource Program 3 credits in ethics. This program provides tran- Urban Justice Center sitional credit for newly admitted attorneys. JAY WEISER Live Program: Associate Professor of Law $215 Member, $315 Non-member Zicklin School of Business, Baruch College ERIC I. WRUBEL Dobrish & Wrubel, LLP Co- sponsored with: Lesbian, Gay, Bisexual and Transgender Law Association of Greater New York (LeGaL)

CLE Credit: 3 credits total: 3 credits in professional practice/ practice management. This program provides transitional credit for newly admitted attorneys. ETHICS FAMILY LAW 28 Monday, 6-9 p.m. Live Program: 23 Wednesday, 6-9 p.m. $185 Member, $285 Non-member Ethics For The Immigration Advising Lesbian, Gay, Bisexual Lawyer and Transgender (LGBT) This program will focus on common ethical Clients on Protecting Their issues that arise in both business-based and fam- ily-based immigration law. Experienced practi- Families and Relationships tioners will examine a variety of ethical situa- Individuals in LGBT relationships lack many tions that arise in actual day-to-day practices. protections automatically afforded to those who Additionally, hypothetical situations will be used enjoy the benefits of heterosexual marriage and to address typical ethical issues that immigration must take proactive steps to safeguard their fam- lawyers face. Every effort will be made to give ilies' interests. This seminar will explore the

14 44TH STREET NOTES MARCH 2005 CLE March 2005 Course Listings by Practice Area 14 Monday, 9-4:45 p.m. Real World Document Drafting: Form, Style, and Substance Document drafting is as important to the suc- cessful negotiation of a deal as the negotiation sessions themselves. Well-drafted legal docu- ments articulate the terms of the transaction, but LEGAL WRITING also protect and advance the client's interests, NON-PROFIT ORGANIZATIONS reduce the likelihood of disputes, and establish 30 Wednesday, 6-9 p.m. the framework for successful business relation- 7 Monday, 6-9 p.m. ships. Document drafting is not intuitive. Even Discovery of Electronic the best lawyers must use drafting techniques The IRS's New "Tax Exempt Evidence: What You Need To that clearly articulate their transactions, and even Compensation Enforcement Know With Respect To the best writers must integrate legal and business concepts to create effective contracts. Project”: What Non-Profits Discovery Of Paperless Need To Know This program integrates the legal principles, Documents In this environment of Sarbanes-Oxley and skills, and experience related to negotiating and increasing scrutiny of the compensation paid to Document discovery rules designed for the dis- drafting a range of contracts. It explores the company executives, federal and state regulators covery of paper documents leave many ques- underlying principles of contract law that apply to are now focusing on non-profit organizations. The tions unanswered with respect to the discovery specific contract provisions and considers alterna- IRS has recently begun a major enforcement of paperless documents. Our panel will explore tive ways to resolve issues in the document nego- issues being faced with respect to electronic evi- operation "to identify and halt abuses by tax- tiation process. The focus is on producing readi- dence, including whether backup data must be exempt organizations that pay excessive compen- ly comprehended legal documents that can serve searched and produced, whether embedded data sation and benefits to their officers and directors." as roadmaps for business relationships and can must be searched and produced as drafts, reduce the possibility of related litigation. whether a waiver of privilege occurs when a An expert faculty of regulators, accountants and computerized database is produced, and whether private practitioners will discuss how to deter- Throughout the day, the instructor will respond the burden for the costs of such electronic dis- mine what constitutes "reasonable" compensa- to participants' comments and questions. The covery may be shifted to the requesting party. tion for executives and board members of chari- last half-hour of the program will be devoted to ties, private foundations and other not-for-profit a discussion of ethics and professional responsi- Program Chair: organizations. The panelists will cover general bility issues in document drafting. STEVEN R. SCHOENFELD standards for executive compensation, the law of Torys LLP intermediate sanctions, eliminating the appear- Instructor: ance of private inurement and the specific targets MARVIN GARFINKEL Faculty: for IRS scrutiny beyond Forms 990, 1099 and Wolf, Block, Schorr and Solis-Cohen LLP KERRY A. BRENNAN W-2. This discussion may be of particular inter- Pillsbury Winthrop LLP est to those involved in setting compensation at Co-sponsored with: ALI-ABA HONORABLE JAMES C. FRANCIS IV not-for-profit health and mental health organiza- tions, since some have been noted for paying United States Magistrate Judge CLE Credit: their executives high salaries. SETH D. KRAUSS 7 credits total: 6½ skills and ½ ethics. This pro- Vice President, Regulatory Group gram provides transitional credit for newly Program Co-Chairs: Morgan Stanley admitted attorneys. This program is approved MARTHA L. GOLAR for MCLE credit in other MCLE jurisdictions. R. JASON STRAIGHT Senior Attorney Manager - Legal Technologies Consulting Port Authority of New York and New Jersey Live Program: Eastern United States $350 Member, $450 Non-member Kroll Ontrack DAVID G. SAMUELS Perlman & Perlman, LLP KENNETH J. WITHERS Senior Judicial Education Attorney GINGER TRUNKES Federal Judicial Center Principal Court Attorney Supreme Court CLE Credit: Appellate Division, First Department 3 credits total: credit breakdown to be deter- Faculty: mined. This program provides transitional cred- PAUL R. DORF, Ph.D., APD it for newly admitted attorneys. Managing Director Live Program: Compensation Resources, Inc. $185 Member, $285 Non-member

44TH STREET NOTES MARCH 2005 15 CLE March 2005 Course Listings by Practice Area

WILLIAM F. GASKE siderations, Daubert developments, trial prepa- Patterson Belknap Webb & Tyler LLP ration and demonstrative evidence, as well as emerging and future expert issues. Our discus- ROBERT PIGOTT sion of experts will take into account state and Assistant Attorney General and Section Chief federal court distinctions, mass tort, class action New York State Department of Law and individual case distinctions and testifying Charities Bureau versus non-testifying distinctions. JAMES E. ROCCO Principal Consultant Removal decisions will be discussed, including James E. Rocco Associates, Inc. those naming non-diverse defendants and the REAL ESTATE doctrines of fraudulent joinder and fraudulent FREDERICK H. ROTHMAN 2 Wednesday, 6-9 p.m. misjoinder; removal of diversity-based cases Director of Tax Services more than a year after commencement; removal Loeb & Troper Basics of Real Estate Lending deadlines and ‘first served vs. later-served defen- DAVID M. ROTTKAMP dants’, evolving class action removal theories This program will provide an overview of differ- Loeb & Troper and, generally, removal traps and pitfalls for the ent kinds of real estate-related loans, including unwary practitioner. mortgage portfolio loans, securitized loans and CLE Credit: mezzanine loans; and will then review the basics 3 credits in professional practice/practice man- The program will also cover MDL, addressing of mortgage lending from both the lender's and agement. This program provides transitional such topics as trends in the siting of MDLs, coor- the borrower's perspectives. credit for newly admitted attorneys. Portions of dination of federal MDL proceedings with state this program may qualify for CPE credit. cases, when cases are not consolidated, denial of Program Chair: transfer developments and the like. These MDL ELLEN L. SHAPIRO Live Program: issues are of immense importance in today's han- Katten Muchin Zavis Rosenman $185 Member, $285 Non-member dling of products and related litigation. Faculty: We will include judicial and academic perspec- ANTHONY J. COLLETTA tives on these timely topics. Sullivan & Cromwell LLP Program Chair: FERDINAND J. GALLO III WILLIAM J.A. SPARKS Katten Muchin Zavis Rosenman WR Grace & Co. CLE Credit: Faculty: 3 credits in professional practice/practice man- LOREN BROWN agement. This program provides transitional DLA Piper Rudnick Grey Cary credit for newly admitted attorneys. HON. JOHN F. KEENAN Judicial Panel on Multidistrict Litigation Live Program: United States District Judge $185 Member, $285 Non-member PRODUCT LIABILITY Southern District of New York 22 Tuesday, 6-9 p.m. ALAN E. ROTHMAN Kaye Scholer LLP Navigating The Labyrinth Of CATHERIINE M. SHARKEY Complex (Including Associate Professor of Law Columbia Law School Multidistrict) Product Liability The following program: Litigation CLE Credit: You Don't Practice Criminal 3 credits in professional practice/practice man- The focus of this seminar will be on practical Law? So, What Do You Do If A steps to assist the practitioner in the managing of agement. This program does not provide transi- complex, including Multidistrict Litigation tional credit for newly admitted attorneys. Client Calls You In The Middle (MDL), products cases. Several timely subjects Of The Night About A Criminal related to products liability litigation will be dis- Live Program: cussed, including the rapidly changing field of $185 Member, $285 Non-member Matter? punitive damages. Decisions of major impor- has been re-scheduled for: tance, including State Farm, matters affecting New York state and federal practice, and major Thursday, April 28, 6-9 p.m. publications, among other topics, will be covered. The presentation on experts will include expert See April’s 44th Street Notes for details. retention, case management and discovery con-

16 44TH STREET NOTES MARCH 2005 CLE March 2005 Course Listings by Practice Area

Revenue Code and life insurance policies and These programs are presented under the planning. This will be an ideal introduction for the general practitioner, and a valuable review auspices of the CLE Committee, Burton N. and update for counsel who deal with these mat- Lipshie, Chair, and the CityBar Center for ters on a more frequent basis. Continuing Legal Education. Scholarships are available. Please call (212) 382-6663 for Program Chair: THEODORE PAUL MANNO, JD, LLM an application. Member of the New York Bar TAX & ACCOUNTING Is there a program you would like to attend Faculty: or a speaker you would like to hear? 16 Wednesday, 6-9 p.m. RICHARD S. SIMONS Please contact the CityBar Center with your Solo Practitioner Income & Estate Tax Aspects of suggestions. Life Insurance ALLEN M. GRALITZER, LLM, CLU, ChFC, CLMI Tax and life insurance are two areas with which Member of the New York Bar many general practitioners might not feel com- fortable, so when a question deals with the taxa- CLE Credit: tion of life insurance, it could be a double wham- 3 credits in professional practice/practice man- my. This seminar will familiarize you with how agement. This program provides transitional policy surrenders and other amounts paid out dur- credit for newly admitted attorneys. ing the insured's life are taxed; how death bene- fits are treated for federal income and estate tax Live Program: purposes; how employee benefits and buy-sell $185 Member, $285 Non-member agreements utilizing life insurance can be struc- tured in a tax-wise manner; and many other insights into the interaction between the Internal

44TH STREET NOTES MARCH 2005 17 MARCH 2005 CLE REGISTRATION FORM

❏ Basics of Real Estate Lending — March 2 ❏ Current Trends in Medicaid & Long-Term Care Planning — March 17 Program ❏ $185 Member ❏ $285 Non-member Program ❏ $185 Member ❏ $285 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member CDs ❏ $315 Member ❏ $385 Non-member CDs ❏ $315 Member ❏ $385 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member DVDs ❏ $425 Member ❏ $505 Non-member DVDs ❏ $425 Member ❏ $505 Non-member ❏ ❏ ❏ ❏ Materials______only $95 Member $125 Non-member Materials______only $95 Member $125 Non-member ❏ Hedge Funds - Current Developments — March 3 ❏ Check 21: What You Need to Know — March 21 Program ❏ $315 Member ❏ $455 Non-member Program ❏ $185 Member ❏ $285 Non-member Audiotapes ❏ $405 Member ❏ $565 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member CDs ❏ $425 Member ❏ $585 Non-member CDs ❏ $315 Member ❏ $385 Non-member Videotapes ❏ $525 Member ❏ $655 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member DVDs ❏ $575 Member ❏ $725 Non-member DVDs ❏ $425 Member ❏ $505 Non-member Materials only ❏ $145 Member ❏ $225 Non-member ❏ ❏ ______Materials______only $95 Member $125 Non-member ❏ IRS’s New “Tax Exempt Compensation Enforcement Project”— March 7 ❏ Navigating the Complex Product Liability Litigation—March 22 Program ❏ $185 Member ❏ $285 Non-member Program ❏ $185 Member ❏ $285 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member CDs ❏ $315 Member ❏ $385 Non-member CDs ❏ $315 Member ❏ $385 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member DVDs ❏ $425 Member ❏ $505 Non-member DVDs ❏ $425 Member ❏ $505 Non-member Materials only ❏ $95 Member ❏ $125 Non-member ❏ ❏ ______Materials______only $95 Member $125 Non-member ❏ Fundamentals of Medicaid & Long-Term Care Planning- — March 10 ❏ Advising LGBT Clients on Protecting Their Families...— March 23 Program ❏ $185 Member ❏ $285 Non-member Program ❏ $185 Member ❏ $285 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member CDs ❏ $315 Member ❏ $385 Non-member CDs ❏ $315 Member ❏ $385 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member DVDs ❏ $425 Member ❏ $505 Non-member DVDs ❏ $425 Member ❏ $505 Non-member Materials only ❏ $95 Member ❏ $125 Non-member ❏ ❏ ______Materials______only $95 Member $125 Non-member ❏ Fundamentals of Medicaid & Long-Term Care Planning--March 10 ❏ Introduction to the Deal— March 24 And Program ❏ $315 Member ❏ $455 Non-member Current Trends in Medicaid & Long-Term Care Planning--March 17 Audiotapes ❏ $405 Member ❏ $565 Non-member ❏ ❏ Program $315 Member $455 Non-member CDs ❏ $425 Member ❏ $585 Non-member ❏ ❏ Audiotapes $405 Member $565 Non-member Videotapes ❏ $525 Member ❏ $655 Non-member ❏ ❏ CDs $425 Member $585 Non-member DVDs ❏ $575 Member ❏ $725 Non-member ❏ ❏ Videotapes $525 Member $655 Non-member Materials only ❏ $145 Member ❏ $225 Non-member DVDs ❏ $575 Member ❏ $725 Non-member ______❏ Materials only ❏ $145 Member ❏ $225 Non-member Ethics for the Immigration Lawyer — March 28 ______Program ❏ $215 Member ❏ $315 Non-member ❏ Real World Documents Drafting —March 14 Audiotapes ❏ $325 Member ❏ $395 Non-member ❏ ❏ ______Program $350 Member $450 Non-member CDs ❏ $345 Member ❏ $415 Non-member ❏ Hot Topics in Energy Law — March 15 Videotapes ❏ $415 Member ❏ $485 Non-member Program ❏ $185 Member ❏ $285 Non-member DVDs ❏ $455 Member ❏ $535 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member Materials only ❏ $95 Member ❏ $125 Non-member CDs ❏ $315 Member ❏ $385 Non-member ______❏ Videotapes ❏ $385 Member ❏ $445 Non-member Truth or Consequences — March 29 ❏ ❏ DVDs ❏ $425 Member ❏ $505 Non-member Program $185 Member $285 Non-member ❏ ❏ Materials only ❏ $95 Member ❏ $125 Non-member Audiotapes $295 Member $365 Non-member ______CDs ❏ $315 Member ❏ $385 Non-member ❏ Income & Estate Tax Aspects of Life Insurance — March 16 Videotapes ❏ $385 Member ❏ $445 Non-member ❏ ❏ Program $185 Member $285 Non-member DVDs ❏ $425 Member ❏ $505 Non-member ❏ ❏ Audiotapes $295 Member $365 Non-member Materials only ❏ $95 Member ❏ $125 Non-member CDs ❏ $315 Member ❏ $385 Non-member ______Videotapes ❏ $385 Member ❏ $445 Non-member ❏ Discovery of Electronic Evidence — March 30 DVDs ❏ $425 Member ❏ $505 Non-member Program ❏ $185 Member ❏ $285 Non-member Materials only ❏ $95 Member ❏ $125 Non-member Audiotapes ❏ $295 Member ❏ $365 Non-member ______CDs ❏ $315 Member ❏ $385 Non-member Videotapes ❏ $385 Member ❏ $445 Non-member DVDs ❏ $425 Member ❏ $505 Non-member Tapes are sold with the accompanying written materials from the Materials only ❏ $95 Member ❏ $125 Non-member program. All registrations must be prepaid by either credit card Program materials can be purchased separately from the program. (CLE or a check made payable to: Association of the Bar. credit may not be given for materials only.) Mandatory NYS sales tax is included in the purchase price for tapes and materials. All sales of tapes, Name: ______CDs, DVDs and materials are final. Please allow 3-5 weeks after the pro- gram date for your order to be processed. Address: ______Please see our cancellations & refunds policy on pg. 11. City: ______State: ______Zip:______

Advance registration is advised for live programs & video replays. An addi- Phone: ______Total enclosed: $ ______tional fee of $25 will be charged for registrations received later than 3:00 Please charge to my ❑ MasterCard ❑ Visa ❑ American Express p.m. one business day prior to the program. For more information or to register for a program visit our website at www.abcny.org, call (212) 382- Card Number______Exp. Date ______6663, fax (212) 869-4451 or mail your registration to: CityBar Center for CLE, Association of the Bar, 42 West 44th Street, New York, NY 10036. Signature ______

18 44TH STREET NOTES MARCH 2005 COMMITMENT TO DIVERSITY

Designing An Assessment Plan for Your Firm

t is a natural tendency to jump right in and start implementing diversi- Associate Interviews and Focus Groups ty programs, particularly the ones that you’ve heard other legal • Delve into the issues facing associates within specific demographic employers use effectively. However, it is imperative to understand the groups; I specific diversity issues at work in your organization in order to cus- • Identify concrete recommendations on how to foster a more inclusive tomize your approach. work environment; While there are many common challenges for legal employers, each • Provide a voice to demographic groups in a safe space for candid organization has its own culture and, as a result, may have different priori- discussion. ties with respect to diversity and inclusion. If nothing else, collecting infor- mation about your specific organization will counter any criticism that your Partner & Leader Interviews firm doesn’t have a specific diversity-related problem. • Gauge readiness for change and buy-in for diversity efforts; At our January 18th diversity meeting, signatory firms and legal depart- • Contrast perception of work environment and diversity issues with ments participated in an interactive session that analyzed a case study with associates. examples of demographic, benchmarking, survey, and interview data. Key Administration Interviews The “What” and the “Why” • Document what the organization has undertaken in the past or is currently Before you decide how to make your organization diverse and inclusive, implementing with respect to HR, recruiting, and marketing activities; you need to know what is going on at your organization, and why. • In implementing future initiatives, understand what successes and Demographic data tells you what your firm looks like, while the survey and challenges have occurred in the past. interview data help you understand why. When designing an assessment plan, it is important to keep in mind that Exit Interviews different individuals are compelled to action by different types of data. • Contact valued attorneys who have left your organization to understand While some individuals are convinced by numbers, others are motivated by the real reasons why they left and where they ended up; stories and quotes, and others by competitive pressure. Therefore, it is best • Confirm or deny the common wisdom regarding why certain demographic to take a multi-faceted approach, even if each phase isn’t taken all at once. groups leave your organization.

As you review your data, it is useful to ask yourself the following questions: • What is your organization doing well, especially compared with other legal employers?; By asking these questions, • What are the areas where you’ve made progress?; • What are the biggest challenges your organizations faces? your organization is making a statement What are the highest priorities to address? • What are your internal successes? Which practice groups or office locations are leading the way in your organization? that diversity and inclusion are important • Which groups are lagging behind? issues to the firm’s leadership. From Information to Action Many of the issues raised in the data collection process need careful deliberation and planning to design and execute the appropriate action. However, there are some simple ideas that can be implemented immediate- ly. These “quick wins” can be an important tool to signal that your organi- Demographic Data zation takes the input from the assessment seriously and buys time until the • Create a snapshot of the diversity of the firm long-term strategies are put into place. In addition, it builds momentum (representation of each demographic group by level); and buy-in that your organization will need to implement the more contro- • Assess the “inputs,” in terms of the diversity of entry level and lateral versial and challenging programs and policies. hires, including a comparison to the pool of available talent; Finally, diversity assessments are two-way streets. Not only will your • Assess the “outputs,” such as turnover by year and the makeup of the firm learn more about status of diversity but, by asking these questions, leadership. your organization is also making a statement that diversity and inclusion are important issues to the firm’s leadership. However, this also sets up an Employee Survey expectation that recommendations will lead to action. Therefore, it’s impor- • Determine what the key issues are in your organization; tant to follow through with implementation of diversity activities suggested • Evaluate the effectiveness of your diversity initiative by setting a in the sessions. baseline and then re-administering the survey on a regular basis. To learn more about conducting diversity assessments or upcoming diversity working sessions, please see our website at www.abcny.org or contact Meredith Moore, director of the Association’s Office for Diversity at [email protected]. 44TH STREET NOTES MARCH 2005 19 THE CITY BAR FUND Addressing Unbundled Legal Services

t the City Bar Fund Rachel Andron, a 2003 graduate of Frequently the dream job isn’t new knowledge in this area of law (“CBF”) our staff and Northeastern Law School. The exactly what it seems, particularly and our understanding of the con- volunteer attorneys are fellowship is being supported by for new graduates, expectations cept of unbundling, CBF was able to A dedicated to improving Cravath, Swaine & Moore and don’t often match reality…Is work- establish a bankruptcy clinic. CBF lives, one client at a time. But Proskauer Rose LLP. ing on this project with CBF what was fortunately able to hire John always in the back of our mind is the Rachel’s fellowship and the con- you expected? McManus, the lawyer I originally sad reality that for each client whose cept of unbundling led to two new In certain ways, particularly the had shadowed, as the Director of life we’ve touched, there are many popular programs, CBF’s Consumer people that I am working with and the clinic. more New Yorkers in need that must Bankruptcy Clinic and the Thursday learning from, they are exactly what face life-altering obstacles with no Afternoon Law Clinic. At the I hoped for, and in fact I couldn’t Have you had a chance to enjoy access to legal assistance. In the Consumer Bankruptcy project, have dreamed of a better work envi- CBF’s connection with the constant search for ways to leverage clients receive advice and assistance ronment. The work I am doing is Association? scarce legal services resources, in filing bankruptcy forms. At the very different from what I expected, Absolutely, that is a huge fringe the CBF has been developing Thursday Afternoon Clinic, a joint but equally thrilling. benefit of this fellowship opportuni- programs that provide “unbundled” project of CBF, the Association’s ty. I have access to accomplished legal services. Legal Referral Service and the New How is the work different from what members and committees and con- The concept of unbundling York County Supreme Court’s you expected? nections that could take other involves breaking down a client’s Office of the Self Represented, My background is more in fami- lawyers years to make. I am privi- needs into specific and discreet parts, clients proceeding pro se receive ly and matrimonial law, particularly leged to sit on several committees allowing attorneys to offer assistance legal and strategic advice. domestic violence, and the project including Legal Services for Persons on the most critical aspects of the As Rachel nears the end of the was initially tailored to that area of of Moderate Means and the case and guidance to the client on second year of her fellowship, the law. But in legal services, some- Domestic Violence Task Force. how best to handle the rest of the Notes editor checked in on Rachel’s times you need to take your cues case pro se. This allows the City Bar progress and her thoughts about the from your clients. While working How do you think the fellowship Fund to expand the number of clients program. on the City Bar Fund’s Hotline experience is different from a regu- reached. While offering simple (which helps low income callers lar staff attorney position? advice and direction is not a perfect What drew you to wanting to work needing legal assistance), we noticed While I, of course, do some scenario, it can save a client from at the City Bar Fund and with the an exorbitant number of callers ask- work with clients and am learning to being forced to wade unguided unbundling project in particular? ing for help with bankruptcy forms handle a case just like any other through a complex legal system alone I always knew that I wanted to and cases…and there simply weren’t young attorney right out of law or not proceeding at all. practice public interest law, and enough options of places to send school, I also know that I have a The City Bar Fund’s ability to dreamed of practicing at an agency them to for help. When the one fixed amount of time to accomplish provide these unbundled services that shared my passion and commit- agency in the City that handled this specific goals. It’s important that, results from the generosity of two ment to families in need like the work closed its bankruptcy clinic, when the fellowship is over, these law firms, an innovative fellowship City Bar Fund. But I also under- we knew we had to do something. It projects take on a life of their own. program, and a wonderful young stood that traditional legal services is simply not acceptable in a city as I know that I have goals that must lawyer. The Association applied for can’t solve all legal problems big as New York that there are no be built into the infrastructure of the an Equal Justice Works Fellowship, because of the lack of resources. I resources to help poor people get a organization and go beyond the which offers dedicated young was excited about how the City Bar fresh start by filing for bankruptcy. fellowship. I don’t think that many lawyers an opportunity to work with Fund’s unbundling project could tap other young attorneys are given the a top public service provider in the into creative ways to reach more So what did you and CBF do to opportunity to step away from indi- development and creation of a legal people and empower them to remedy the problem? vidual cases, and examine the big service project for two years with become better advocates for them- First, I went down to a bankrupt- picture to create programs that will salary paid by generous participating selves in situations where traditional cy clinic that was closing to shadow both last and meet the direct needs law firms. We were fortunate to hire legal representation is lacking. one of its lawyers. Armed with my of clients.

44th Street N TES The Association of the Bar of the City of New York

March 2005 44TH STREET NOTES MARCH 2005