1 Forty-Fourth Street Notes

Forty-Fourth Street Notes

Highlights: THE TRUE HEROES March 2007 By Barry Kamins, President

The Trial of Saddam he name of Charles “Cully” Stimson has begun to ters and suggested that companies should reconsider fade into history and will be a footnote in the doing business with them. In response, we wrote to Hussein: A Retrospective: Tnot-too-distant future. As you may remember, members of Congress to urge the Armed Services March 6, Page 5 Mr. Stimson was the administration’s point person for Committee to conduct hearings on the efforts of the detainee policy for the last year as deputy assistant sec- Executive Branch, including those of Mr. Stimson, to Professional Development: retary for detainee affairs. He gained substantial noto- harass and intimidate attorneys providing this repre- Acting Ethically – riety on January 11th when, during an interview with a sentation and to interfere with the attorney-client Incorporating Professional local Washington-based station, he expressed dismay relationship. Responsibility into that attorneys at many of the nation’s top law firms Faced with an avalanche of criticism, Stimson offered Professional Development: were representing prisoners at an “apology” six days later, and resigned on February March 8, Page 6 Guantanamo Bay, Cuba, and 2nd. However, in his statement, he still did not accept that the firms’ corporate clients any responsibility for trying to drive a wedge between should consider ending their The Annual Justice attorneys representing the detainees and the firms’ business ties with those firms. corporate clients. As a senior public official who sets Ruth Bader Ginsburg While an almost universal criti- Distinguished Lecture on policy on the detainees, and as an attorney, Stimson’s cal response silenced his remarks are unprofessional and possibly unethical, in Women and the Law: remarks, unfortunately the poli- that they are prejudicial to the administration of jus- March 13, Page 7 cies of the administration with tice. It is ironic that it is the attorneys who are repre- regard to the detainees have not senting the Guantanamo detainees who are acting in The Legal Clinic for the changed over the past five years. the best traditions of the legal profession. Homeless at Columbia Mr. Stimson, an attorney and former federal and state What is most disturbing however is the bigger pic- Law School: prosecutor, teaches as an adjunct law professor at ture. Stimson’s comments are only a microcosm of Page 11 George Mason and at the Naval Justice School in Rhode the administration’s views and policies with respect to Island. He was also a criminal defense attorney as a JAG the detainees. First, the administration has continued CLE: Negotiating officer. In his comments, he expressed his "shock" that to characterize the detainees as terrorists (as did major American law firms (some of which he men- Private Equity Limited Stimson), although there has never been any proof of tioned on the radio) would represent terrorism sus- that assumption. Every study done by the government Partnership Agreements: pects, hinted that they were paid by unsavory charac- March 22, Page 14 CONTINUED ON PAGE 12 CLE: Are You in ALBANY IN TRANSITION Compliance with the New Attorney Advertising n November 7, 2006, Eliot Spitzer was elected Justice Center, the horror and poignancy of this issue Rules? Practical & in a landslide to become the 58th governor of cannot be overstated. Human trafficking is one of Ethical Insights: ONew York State. Governor Spitzer’s election is the great stains on our society, as we have learned March 14, Page 16 a rare opportunity for the City Bar: this is the first through the City Bar Justice Center’s advocacy work transition period in the New York State Governor’s for trafficking victims. This experience has led the CLE: Forming & Advising office in over a decade, and only the second since 1983. Sex and Law Committee to urge Governor Spitzer to Charitable Organizations: Many City Bar committees sought to take advantage of support strong anti-trafficking legislation. In addi- Understanding & this transition by writing to the Governor, identifying tion to the law enforcement provisions, the commit- Complying with key issues from their perspective that merit the tee stressed the importance of social services for Governor’s attention. We note some of those issues escaped victims, as these services are essential Federal & State Laws: below. They represent only some of the issues the because many victims have absolutely no place to go. March 16, Page 20 Association will be addressing in Albany this year. The threat of homelessness is indeed one of the most effective means by which traffickers can Vol. 22, No. 3 Human Trafficking One of the City Bar’s premiere activities is advocacy control their victims. on behalf of victims of human trafficking. A place The Sex and Law Committee also wrote to Governor where the City Bar’s legislative work dovetails with the Spitzer on several other topics, including the right of legal advocacy for trafficking victims by the City Bar nursing mothers to express breast milk at work, and CONTINUED ON PAGE 3 A publication of The Association of the Bar of the City of New York 1 COMMITTEE REPORTS–MARCH, 2007

As Eliot Spitzer took office as governor, many City Bar states, has made clear that those detained at Committees wrote to him offering their expertise on Guantanamo are entitled to counsel and that the pertinent issues in state government. These commit- above actions by officials indicate a bias inconsistent tees' work is highlighted in the article on page 1, with their responsibilities. "Albany in Transition." Committees writing to the Non-Profit Organizations Governor were: the AIDS Committee, Art Law Letter to the New York State Bar Association offering Contents Committee, Corrections Committee, Health Law comments on its Business Law Section’s proposal to Committee, Mental Health Law Committee, Civil revise the New York Not-for-Profit Corporation Law. The True Heroes 1 Rights Committee, Estate and Gift Taxation Though the committee agrees that the Not-for-Profit Committee, Council on Children, Social Welfare Law Albany in Transition 1 Corporation Law warrants substantial revision, it Committee, Energy Committee, Environmental Law does not agree with many of the proposed changes Committee Reports 2 Committee, Animal Law Committee, Sex and Law and modifications in the Business Law Section’s pro- Committee, Social Welfare Law Committee, and State This Month In City Bar posal. History 2 Affairs Committee. Professional Responsibility Environmental Law Comments on the New York State Bar Association’s Calendar of Events 5-9 Letter to the New York State Department of Proposed Amendments to the New York Code of Environmental Conservation generally supporting the Women of Color Attorneys: Professional Responsibility Rules 1.11, 1.12, 2.1, 2.3, implementation of the Regional Greenhouse Gas Breaking Through the 2.4, 4.2, 4.3, 4.4, and 6.1 – 6.5. “Concrete Ceiling” 10 Initiative (RGGI) in New York. The letter expresses some concerns that the initiative lacks sufficient detail Amicus Brief: Muriel Siebert & Co., Inc. v. Intuit Inc. The Legal Clinic for the regarding how the proceeds of the annual auction will filed with the New York State Court of Appeals. This Homeless at Columbia be used. case, the brief notes, requires the Court to determine Law School 11 whether a corporate "party" within the context of DR Military Affairs and Justice 7-104 includes a former employee who had access to City Bar Center for CLE 13-23 Letters to Congress and to Secretary of Defense Robert attorney-client information about the matter in dis- Gates expressing concern that Executive Branch offi- Nominees Named 22 pute. In an earlier decision the Court determined cials and military personnel have made the representa- that former employees do not fall within the defini- Professional Development: tion of Guantanamo detainees difficult by: discourag- tion of "party" and therefore may be contacted by the Defining Success for Yourself, ing detainees from seeking and utilizing legal assis- opposing counsel without notice to the corporate Setting Your Own Course 24 tance; intimidating lawyers providing pro bono repre- party’s attorney. The brief urges the Court to follow sentation; interfering with the attorney-client relation- the same reasoning in this case and not alter the ship; and encouraging clients of the law firms who rep- bright line rule that has been in place for over 15 resent detainees to pressure the firms to drop these years. cases. The letter focuses on statements made by Deputy Assistant Secretary of Defense for Detainee Affairs Reports are available on the Association’s website, Stimson. The United States Supreme Court, the letter www.nycbar.org, or by calling 212-382-6624. Forty-Fourth Street Notes Jayne Bigelsen Editor Matt Kovary Associate Editor THIS MONTH IN CITY BAR HISTORY Curtis&Company Graphic Design Michael Silverstein he Legal History Committee of the City Bar will be ately rewarded for his efforts; eight days after his Production Assistant a regular contributor to the Forty-Fourth Street inauguration, Hayes appointed Evarts Secretary of Adele Lemlek Notes. They will offer us anecdotes and describe State. Marketing Director T key moments from the history of the New York City Bar Seventy-Five Years Ago . . . In the depths of the Great Alison Fidler Advertising and the practice of law in New York and beyond. (212) 382-6753 Depression, the Alumni Association of Columbia Barbara Berger Opotowsky One Hundred Thirty Years Ago . . . On March 5, 1877, Law School announced that only five out of 130 Executive Director President Rutherford B. Hayes was inaugurated after third-year students had secured jobs after graduation. Printed on recycled paper the disputed presidential election of 1876--thanks in In the March 30, 1932, issue of The New York Times, Forty-Fourth Street Notes (ISSN 10791019) is substantial part to the efforts of William Maxwell Edward Gluck, a member of the alumni association, published monthly except July and August for $25 per year by The Association of the Bar of Evarts, chief counsel for the Republican Party and first admitted that he had begun advising young lawyers the City of New York, 42 West 44th Street, New president of the Association of the Bar of the City of to "set up offices and try it on their own" because York NY 10036-6689. Periodicals postage paid at New York NY. Postmaster: Send New York. Evarts and a team of three colleagues "[t]here are practically no jobs to be had". Gluck also address changes to 44th Street Notes, 42 West argued before a special electoral commission for four reported that the few positions available for recent 44th Street, New York NY 10036-6689. For subscription information, please call (212) weeks before the commission—on an 8-7 party-line graduates not yet admitted to the bar showed an 382-6695. vote--awarded the electoral votes of four disputed unfortunate "tendency to cut salary out entirely"—an NYC Bar Members: states to Hayes, who defeated Democratic candidate arrangement law students (rather unsurprisingly) To change your address, please contact Samuel J. Tilden, another founding member and first "have not generally expressed a willingness to accept". (212) 382-6665 or [email protected] vice president of the Association. Evarts was immedi- www.nycbar.org

2 www.nycbar.org ALBANY IN TRANSITION... CONTINUED FROM PAGE 1 Animal Law Law Committee wrote to Governor Spitzer in in support of the "Healthy Teens Act," a law that Animal welfare issues rarely get the attention January asking for him to lead New York would promote an age-appropriate sex educa- they deserve in the press and in the Legislature, toward the same goal, through such steps as tion program aimed at reducing unwanted preg- but as the Governor began his term, the Animal removing unnecessary barriers to coverage for nancies and the spread of sexually transmitted Law Committee wrote to bring his attention to those already entitled to public insurance, and infections. a variety of issues. The Committee has called providing universal coverage for children. on the Governor to reduce killing of pets based AIDS The Health Law Committee also wrote in sup- on overpopulation, improve the training pro- More than 80,000 New Yorkers have been diag- port of several other issues, including the cedures for law enforcement to recognize ani- nosed with HIV and AIDS, and it is likely that Family Health Care Decision Act, prescription mal cruelty, and improve the protections for thousands more are afflicted without realizing it. drug reform, and the development of electron- animals in domestic violence situations. The The Committee on AIDS wrote on several issues ic health records. last of these protects not only animals but their that will likely surface in the next legislative ses- owners as well, as it is all too common that Council on Children sion, focusing on improving the quality of life abusers will threaten pets as well as people. The City Bar’s Council on Children has identi- for these New Yorkers. fied several policy concerns in its letter to Furthermore, the Committee pushed for more The AIDS Committee urged Governor Spitzer to Governor Spitzer, focusing on the challenges regulations on hunting and trapping to shield work to eliminate rent increases for people living facing New York’s families. Foremost among wildlife, and better protections against cruelty with AIDS in housing subsidized through the these is the fact that thousands of children in for farm animals. federal Housing Opportunities for People with New York State are coming into foster care AIDS program, expand education on HIV pre- The Environment more frequently and staying longer – largely vention and transmission, and improve HIV As more and more dire warnings surface about because of the inadequate resources provided testing and prevention for prison inmates. the state of the environment, ecological issues to implement 2005 reform legislation. The become more pressing. The Environmental Council hopes to work with the State to make Medicaid for Prisoners Law Committee wrote to the Governor stress- reforms more effective. Four committees co-wrote a memo regarding ing several proposals. These include improved Medicaid access for prisoners: Corrections, The Council also offered policy recommenda- regulations aimed at reducing greenhouse gas Mental Health Law, Health Law, and Social tions in several other areas, including increas- emissions, protections for the State’s parkland, Welfare Law. The current practice in New York ing the number of Family Court judges and the improvement of the process for the dis- is to terminate Medicaid eligibility for incarcer- statewide, allocating additional funds for tran- tribution of monies aimed at cleaning up ated people – meaning that they must reapply sitional living centers for youths aging out of brownfields. after release. This process can leave certain peo- foster care, and tracking and assisting undocu- ple unable to access needed care during long Estate Tax mented immigrant children in the foster care delays – especially critical as releasees are often at New Yorkers are at a disadvantage compared to system. residents in most other states due to the struc- risk of physical and mental illness and substance Social Welfare Law ture of the state estate tax law, which precludes abuse. The Committee is pushing for the sus- Many extant aid programs in New York con- New Yorkers from taking advantage of the full pension – rather than the termination – of tain an "income cliff" – a point where a person federal estate tax exemption. This can factor Medicaid benefits during prison terms that can rising to a certain earnings level suddenly sees into retirees leaving New York for other states. then be re-activated after release. a dramatic reduction in his or her benefits. The City Bar’s Estate and Gift Taxation Art Law This creates a disincentive to work, and so the Committee has written to Governor Spitzer The City Bar Art Law Committee wrote to Committee on Social Welfare Law has written asking that this law be amended by allowing a Governor Spitzer asking for his support for a bill to the Governor suggesting several changes separate QTIP (qualified terminable interest that would allow museums to acquire the title to that would address this problem. The Earned property) election for state estate tax purposes. "undocumented property" – artistic items that Income Tax Credit, the Committee believes, is have been lent to a museum and subsequently Civil Rights one of the best anti-poverty measures the state abandoned, left on their doorsteps, or otherwise The Civil Rights Committee has a broad and has, but suffers from several income cliffs; the in the possession of a museum that is unable to active agenda in Albany, but in writing to the Committee argues that these should be elimi- determine their proper ownership. The bill the Governor, it focused on the modernization of nated. the State Human Rights Law, focusing on two Committee has been advocating eases the man- Additionally, the Committee’s letter suggests key points: First, the state should expand the agement of undocumented property while pre- new tax incentives and subsidies to promote monetary relief available, so that it may include serving the rights of the original owners, with the development of affordable housing and attorneys’ fees, punitive damages, and civil particular protections for art that may have been new means to facilitate the transition from penalties. Secondly, the list of protected classes stolen during the Holocaust. incarceration to gainful employment. The should be expanded to include gender identity Public Authorities Reform Committee also argues in favor of the state and expression, citizenship or immigration sta- Public authorities have long been a priority for ensuring that public assistance grants are sus- tus, source of income, and domestic violence statewide reformers, who criticize their prolifer- taining for individuals who are physically or victim status. ation, unaccountability, enormous debt, and mentally unable to work. Health Law questionable practices. The State Affairs * * * Committee believes that Governor Spitzer Nationwide, the debate over universal health should appoint a commission to investigate the care is heating up. Neighboring Massachusetts The City Bar looks forward to working with manner in which public authorities are created and Vermont have made health coverage wide- Governor Spitzer in the coming years – and we and operated, in the hope that the commission ly available, and New Jersey is in the process of think that these memos lay the groundwork will identify shortcomings and make needed rec- doing so as well, along with several other states for our future relationship with the Executive ommendations. from across the nation. The City Bar’s Health Branch in Albany. www.nycbar.org 3 ab

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4 www.nycbar.org MARCH 2007 CALENDAR 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.

1 Thursday, 6-8 pm 2 Friday, 6 pm 6 Tuesday, 7-9 pm Speakers: MICHAEL SCHARF JOB SEARCH NETWORKING FRIDAY EVENING CHAM- THE TRIAL OF SADDAM Director, Frederick K. Cox AND INTERVIEWING BER MUSIC HUSSEIN: A RETROSPEC- International Law Center, Case TIVE Western Reserve University Law This is an interactive workshop that The Lawyers' Orchestra is pleased School will provide guidance on how to net- to present an evening of French The trial and executions of Saddam work and interview, and will present Chamber Music. Debra Takakjian Hussein and his co-defendants have ERIC BLINDERMAN ways to take the fear out of those job and Ondine Musique will perform generated significant interest among Proskauer Rose LLP; former search processes. works by LeClair, Berlioz, DuParc the press, the legal community and Associate Deputy and Chief Legal and Saint Saens. the general public. A panel of Counsel to the U.S. Embassy – Speakers: experts with substantial knowledge Baghdad, Regime Crimes Liaison’s LINDA E. LAUFER, J.D. Eugenia Choi, violin; Aaron Boyd, and experience with the case will Office Director, Judicial Clerkships and viola; Jane O'Hara, cello; Amy debate several important issues Fellowships, Yale Law School Synatzske, soprano and Debra relating to the trial, including the MIRANDA SISSONS Takakjian, piano. appropriateness of a national rather Head of the Iraq Program, CAROL KANAREK, J.D., C.S.W. than international forum, the fair- International Center for Career Management for Lawyers Admission is $10 at the door. For ness of the procedures employed, Transnational Justice more information, please call (212) and the conduct of the executions. Space is limited to 25 people. 788-1093. A representative of the Republic Registration is necessary. The fee is $10. of Iraq Please register online at www.nycbar.org

Honoring law firms and companies for their LAST YEAR ’S INAUGURAL GALA leadership and dedication to public service

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WEDNESDAY , A PRIL 18, 2007 For more information and to reserve tickets, please contact our Gala Office at: 212-249-6188 or [email protected].

www.nycbar.org 5 Registration by February 20 is recom- Registration by March 2 is necessary. matic legal "thriller." The fact pat- 12 Monday, 8:30 am mended to guarantee admission. The fee, which includes lunch, is $25 terns created by some of Hollywood's Please register online at for City Bar members and $35 for best writers and producers serve as LITIGATION BREAKFAST: www.nycbar.org non-members. Please register online the basis to discuss specific ethical PRACTICING IN A at www.nycbar.org. concerns relevant to mid-level associ- MATRIMONIAL PART 7 Wednesday, Noon-2 pm ates as they progress to partnership, If you have experience or interest in a move in-house, to government, or on Learn the ins and outs of practicing WOMEN IN INTELLECTUAL particular intellectual property practice to other careers in the legal profes- in the New York State Supreme PROPERTY: SPRING area or career path, and did not previ- sion. The program will enhance par- Court's Matrimonial Part, the legal terms unique to the Matrimonial SPEED-NETWORKING ously provide that information at the ticipants' abilities to: November Women in IP holiday party, Part, and the pros and cons of certain EVENT AND LUNCH please email your class year, practice I Set an example of proper profes- strategies. specialty/sector (e.g., patent sional conduct when managing Looking for a mentor? Have knowl- Moderator: litigation/law firm, trademark/in- others; edge to share with a mentee? CYNTHIA B. RUBIN house, licensing/non-profit, etc.), and I Maintain discretion as well as con- Interested in building a professional Flemming Zulack Williamson interest information to Caren Khoo at fidentiality; network? Or do you just want to get Zauderer LLP [email protected] by the I Deal with potential conflicts; to know more women in the profes- March 2, 2007, registration deadline. I Address inappropriate client Speakers: sion? Come to the Spring Speed- requests; HON. JOAN LOBIS Networking Event and Lunch, where 8 Thursday, 8:30 am -10 am I Act professionally in difficult situ- Supreme Court Justice, New York you'll meet women attorneys practic- ations. County ing in various intellectual property PROFESSIONAL fields from law firms, corporations, Speaker: ALTON ABRAMOWITZ non-profit organizations, academia DEVELOPMENT MARY R. CRANE Mayerson Stutman Abramowitz and the government. Established in BREAKFAST WORKSHOPS Mary Crane & Associates Royer LLP; Chair, Committee on March 2006, "Women in Intellectual Next Steps: Success Strategies For Matrimonial Law, New York Property" is a program of ongoing City Bar Mid-Level Attorneys 11⁄2 non-transitional NY MCLE credits events designed to promote female will be granted. Fee and registration networking, mentoring and advance- Workshop III - Acting Ethically: The fee for this program is $10. information is available at ment in the field. Stay tuned for our Incorporating Professional Please register online at www.nycbar.org summer 2007 event. Responsibility into Professional www.nycbar.org Development This program starts off with a cine- 2007 To Do List:

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6 www.nycbar.org 12 Monday, 6 pm – Part I 19 Monday, 6 pm – Part II

IDENTIFYING AND MAN- AGING GERIATRIC MEN- Immigration TAL HEALTH ISSUES PART I: The Importance of Recognizing and Ways of Law Training Identifying the Ever-Increasing Prevalence of Geriatric Mental Health Disorders Basic • Intensive • One Week The panelists will discuss the current state of infrastructure for mental health care for seniors and June 4-8, 2007 • Des Moines, Iowa the impact of the upcoming baby boom and lack of cultural pre- Designed for private practice attorneys, paredness; the effect of untreated mental health on physical health; the seminar provides the knowledge and expertise developments in the screening and assessment of dementia, diagnostic to begin or enhance a legal immigration practice. terminology and procedures and limitations and benefits of treatment; common legal problems con- Tuition: $2,500 includes all course materials fronted by seniors with mental plus breakfast and lunch each day health or capacity issues; advance directives and guardianships. Contact: Midwest Legal Immigration Project Speakers: at (515) 271-5730 MICHAEL FRIEDMAN, LMSW Chair, Geriatric Mental Health Email: [email protected] Alliance of New York Visit: www.midwestlegalimmigrationproject.com GARY J. KENNEDY, M.D. Professor, Psychiatry and Behavioral Science, Albert Einstein primary care; provide information MARY MITTLEMAN year's Justice Ruth Bader Ginsburg College of Medicine about accessing community ser- Director, Psychosocial Research Distinguished Lecture on Women vices; discuss redefining familial and Support Program, Silberstein and the Law. The Lecture will be DIANE LUTWAK roles and support and training for Institute for Aging and Dementia; preceded by a buffet reception. Attorney-in-Charge, Legal Aid the caregiver; and offer insights of Research Professor, Department of Society, Brooklyn Office for the family members who are dealing Psychiatry, NYU School of 5:30 pm - Buffet Reception Aging with these matters and who have Medicine experience in advocating on their 7:00 pm CLIFF MEIROWITZ behalf. This program will be of STASIA PASELA Welcome: Law Offices of Clifford A. value to professionals working Family Caregiver BARRY KAMINS Meirowitz, PLLC with the senior population as well President, New York City Bar as family members and friends NATHAN ROMANO CAROLYN REINACH WOLF who are called upon to manage Family Caregiver Introduction: Law Firm of Carolyn Reinach Wolf, problems common to seniors. HON. RUTH BADER P.C. Co-sponsored by: GINSBURG Speakers: NAMI NYC-Metro Justice of the Supreme Court of the Please register online at LLOYD SEDERER, M.D. United States www.nycbar.org Executive Deputy Commissioner, Please register online at Mental Hygiene Services, New www.nycbar.org Moderator: PART II: Methods of and York City Department of Health LYNN HECHT SCHAFRAN Resources for Managing Geriatric and Mental Hygiene 13 Tuesday, 5:30 pm – 9 pm Director, National Judicial Mental Health Disorders Education Program KIM STEINHAGEN THE ANNUAL JUSTICE As a part of the second evening, the LMSW, Project Coordinator, RUTH BADER GINSBURG 7:15 pm - Panel Discussion by panelists will concentrate on easing Geriatric Mental Health Alliance DISTINGUISHED LECTURE Chief Justices the role of familial caregivers, with HON. SHIRLEY S. a specific focus on the city’s efforts ANNE MARKOWITZ RECHT ON WOMEN AND THE LAW ABRAHAMSON to address the high rate of depres- LMSW, Founder and President, Chief Justice, Supreme Court of sion among older adults and inte- AM Recht & Associates, Inc. Please join us as a distinguished Wisconsin grate health and mental health in Geriatric Care Managers panel of Chief Justices deliver this www.nycbar.org 7 HON. CHRISTINE M. DURHAM HON. JED S, RAKOFF 20 Tuesday, 6:30 pm H. RODGIN COHEN Chief Justice, Supreme Court of Chair, Committee on Honors Sullivan & Cromwell LLP Utah WILL THERE EVER BE A ELKAN ABRAMOWITZ FEDERAL CHARTER FOR HON. MICHAEL T. McRAITH HON. JUDITH S. KAYE Presenting to Robert Fiske INSURERS? Director, Division of Insurance, Chief Judge of the State of New Illinois Department of Financial York HON. PIERRE LEVAL A panel of top experts in the and Professional Regulation Presenting to Robert Morgenthau insurance and banking industries HON. MARGARET H. ERNEST T. PATRIKIS will discuss the present superviso- MARSHALL 17 Saturday, 8 pm ry and regulatory structure for the Pillsbury, Winthrop, Shaw, Chief Justice, Supreme Judicial insurance industry, the most Pittman LLP Court of Massachusetts LAWYERS’ ORCHESTRA: recent efforts and legislation pro- EARLY SPRING CONCERT moting federalization of the indus- Please register online at Registration by March 6 is neces- try, and the advantages and disad- www.nycbar.org sary. The fee is $100 for members, The program will include Berlioz' vantages of a federal charter. $125 for non-members and $50 for Overture to "Benvenuto Cellini," 21 Wednesday, 6:30-8 pm non-profit or government lawyers. Brahms' Violin Concerto (Brittany Co-Chairs: Please register at www.nycbar.org. Sklar, Violin, former winner of the WILLIAM P.BOWDEN, JR. STRATEGIES FOR For more information please contact Young Artists' Competition) and Promontory Financial Group A CAREER IN Martha Harris at 212-382-6607. Elgar's Enigma Variations. Please INTELLECTUAL Note: This program will take ERNEST T. PATRIKIS 15 Thursday, 6:30 pm PROPERTY LAW place at the Pope Auditorium, 113 Pillsbury,Winthrop, Shaw, Pittman W. 60th Street (at Columbus LLP Ever thought about a career in THE PRESENTATION OF Avenue), Manhattan. intellectual property law but are THE ASSOCIATION MEDAL BRIAN A. SMITH unsure that you possess the quali- Admission is $20/$15 (seniors/stu- TO: ROBERT B. FISKE, JR. Smith & Newman LLP fications that employers are look- dents) and may be purchased at the AND ROBERT M. ing for? For those who are con- door or online at www.lawyersor- MORGENTHAU Speakers: templating on entering the prac- chestra.org. For more information, WILLIAM P. BOWDEN, JR. tice of IP law, this program will be please call (212) 788-1093. Speakers: Promontory Financial Group very informative. A diverse panel BARRY KAMINS of practitioners, including individ- President, New York City Bar uals from intellectual property

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Budget features Ford and Lincoln Mercury vehicles. 15188-01 BCD # Y776401 CPN # TUGZ507 © 2007 Budget Rent A Car System, Inc. A global system of corporate and licensee-owned locations. 1-800-455-2848 • budget.com 8 www.nycbar.org boutiques, in-house corporation ROBIN DAVIDOV Learn about the relevant law and 26 Monday, 6:30 pm counsel and general practice law Executive Director, Northeast how electronic discovery works. firms, will speak about their day- Maryland Waste Disposal THE QUIET MAJORITY: to-day work and share their varied Authority Moderator: THE REAL DEAL ON career strategies about becoming MARK A. JOSEPHSON, CPA, SMALL FIRM PRACTICE an IP attorney. This program will The Con Side CFP,CFE particularly address the value of a Murray & Josephson, CPAs, LLC If only 10 percent of attorneys technical background, entry into BARBARA WARREN practice in a large firm setting, the practice, litigation versus pros- Consumers Union Speakers: where are the other 90 percent? A ecution, the patent bar, and defin- MICHAEL A. GROSS panel discussion aimed at giving ing the practice within areas of NEIL SELDMAN Vice President, Kryptos Forensics, law students a glimpse into the specialty. All are welcome to President, Institute for Local Self LLC world of small-firm practice. attend. Reliance DANIEL KALAI Moderator: Please register online at Co-sponsored by: Chief Technology Officer, Kryptos www.nycbar.org PAULA A. FRANZESE The Earth Engineering Center of Forensics, LLC Peter W. Rodino Professor of Law, Columbia University 22 Thursday, 9 am – 12:15 pm Seton Hall University School of Registration by March 19 is neces- Law A PUBLIC DEBATE: IS Please RSVP to [email protected] sary. The fee for the luncheon is THERMAL TREATMENT $25 for members and $35 for non- Speakers: 22 Thursday, 12:30 – 2 pm members. Please register below or OF SOLID WASTES GOOD MELINDA D. MIDDLEBROOKS online at www.nycbar.org. Managing Partner, Middlebrooks FOR NEW YORK CITY? SMALL LAW FIRM Shapiro & Nachbar, P.C. LUNCHEON 22 Thursday, 7 pm Welcome: CHRISTINE FAZIO MERCEDES S. CANO Chair, Committee on LEVELING THE CONCERT READINGS Proprietor, Law Offices of Environmental Law, New York ELECTRONIC DISCOVERY BY LAWYERS Mercedes S. Cano City Bar PLAYING FIELD FOR SMALL LAW FIRMS An evening of script contribu- Please register online at The Pro Side tions, including excerpts, redac- www.nycbar.org Effective December 1, 2006, feder- tions or adaptations from legal Speakers: al and state courts now permit liti- transcripts presented by lawyers. NICKOLAS THEMELIS gants to demand discovery of their Director, Earth Engineering adversaries' relevant electronic For more information, please call Center, Columbia University data. All the "big" law firms are Peter Dizozza at 917-915-7635 or already exploiting this powerful [email protected]. JACK LAUBER discovery tool over their adver- New York State Department of saries. Now, small law firms can Environmental Conservation afford to use this service, too. (retired)

March 2007 Registration Form

I Small Law Firm Luncheon: Leveling the Electronic Discovery Playing Field for Small Law Firms – 22 Thursday The fee for the luncheon is I $25 for members and I $35 for non-members.

Name

Company Number of Reservations

Address Total Enclosed $

Please charge to my I Mastercard I Visa I 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 9 WOMEN OF COLOR ATTORNEYS: BREAKING THROUGH THE “CONCRETE CEILING”

hile there has been extensive research Seeking to gain a better understanding of the Suggestions for Legal Employers: on women and racial and ethnic reasons why so many women of color are leav- minorities in the legal profession, ing law firms before having the chance to com- W I Ensure that women of color are includ- few studies have focused specifically on women pete for partnership, the ABA Commission on ed in race and gender diversity efforts, of color. Evidence suggests that women of color Women in the Profession launched the Women including affinity groups. carry a double burden, struggling to overcome of Color Research Initiative in 2003. In 2006, I Review all systems in the firm, including the challenges of being female and minority in a the Commission released Visible Invisibility: recruiting, acceptance and retention profession traditionally dominated by white Women of Color in Law Firms, which presents rates to assess whether they have a dis- males. the preliminary findings of their research. proportionately negative impact on On January 16, 2007, the Minorities in the women of color. Profession Committee hosted Finding a Voice I Key Findings: Track data by race and gender to mea- for Women of Color in Law Firms, a panel discus- sure progress, assess the effectiveness of sion focused on the experiences of women of current efforts and develop strategies to I 49% of women of color experienced color at firms and the latest research in this area. demeaning comments or harassment address areas that need improvement. The panel, moderated by Maxine Williams, I compared to 47% of white women, 34% Make sure assignments are dispersed Manager of Diversity Programs at White & Case of men of color and only 3% of white fairly and that women of color have a LLP, featured: men. fair chance to compete for substantive, meaningful work assignments. I Charles Bone, Founder and Chairman of I 62% of women of color were excluded Bone McAllester Norton PLLC; from informal and formal networking I Paulette Brown, Partner at Edwards Angell opportunities compared to 60% of Suggestions for Women of Color: Palmer & Dodge LLP and Co-Chair of the white women, 31% of men of color and I Visible Invisibility Report; only 4% of white men. Take initiative in developing mentoring relationships, both with women of color I Ona Wang, Partner at Baker & Hostetler I 67% of women of color wanted more LLP; and and/or better mentoring by senior role models and across gender lines. I I Diane Yu, Chief of Staff and Deputy to the attorneys and partners compared to Produce results – get work done in a President of New York University and for- 55% of white women, 52% of men of timely manner and do it well. Take all mer Chair of the ABA Commission on color and only 32% of white men. assignments seriously, even those that may seem simple or mundane. Take Women in the Profession. I 44% of women of color reported being denied desirable work assignments advantage of every opportunity to It is particularly fitting that we are having this demonstrate your skills and commit- dialogue in the wake of the recent passing of compared to 39% of white women, 25% of men of color and only 2% of white ment. former Family Court Judge Jane Bolin, the first I men. Be proactive in overcoming exclusion African American woman in the nation to serve and developing networking opportuni- as a judge. Judge Bolin was also the first African Visible Invisibility: Women of Color in Law Firms, ties within and outside of the firm. American woman to graduate from Yale Law ABA Commission on Women in the Profession, 2006. School, to work as a lawyer in the New York City Law Department, and to be admitted to membership of the City Bar. She was a pioneer in the Diane Yu stressed the importance of being nation’s legal establishment – a role she said she The study found that women of color are being proactive in overcoming exclusion. She "didn’t think about. My work was my primary relegated to low level work assignments, strug- recounted the experience of a woman of color concern." But now, with many more women of gling to disprove stereotypes about their ability associate, who after being excluded from infor- color entering and seeking to advance in the and commitment to their careers while down- mal networking opportunities with other asso- profession, the issue is one we should all think playing their race and gender to fit into the cul- ciates, took it upon herself to create her own. By about. ture of their firms. Many find themselves falling inviting a highly regarded partner to have lunch with a group of associates, the woman went Recent studies have shown that women of color behind other members of their class in terms of experience, which is greatly hindering their from feeling like an outsider to being the orga- are leaving law firms in disproportionately high nizer of the most sought after networking event. numbers. The New York City Bar’s 2006 advancement potential and contributing to growing gaps in salary. It is critical for women of color to be bold in Diversity Benchmarking Report revealed that their efforts to overcome exclusion and bias in women of color at signatory firms have the Women of color feel isolated and marginalized the law firm environment. highest departure rates at all levels with the because they are not given the attention, men- exception of the partnership level. A 2005 toring or networking opportunities needed to NALP study found that 81 percent of women of develop their career. For more information about women of color or color associates had left their firms within five While the principal responsibility rests with law upcoming diversity events, please contact the years (NALP, 2005). firms to establish and maintain cultures that are Office for Diversity: Meredith Moore, Director inclusive and offer fair opportunities to all, at [email protected] or Elizabeth Kowalczyk, Assistant at [email protected].

10 www.nycbar.org THE LEGAL CLINIC FOR THE HOMELESS AT COLUMBIA LAW SCHOOL

ince the fall of 2005, the Legal Clinic for the Homeless at the City those who can't afford yet desperately need legal representation, I also Bar Justice Center has collaborated with students at Columbia take immense satisfaction from the level of autonomy that the Clinic SLaw School to staff a monthly legal clinic at the Regent Family gives me in working with my clients." Residence homeless shelter on 104th Street in Manhattan. Adam Pulver, 2L: "I purposely wanted to be doing some pro bono work While the program’s other homeless shelter clinics are staffed by law firm during my 1L year, when I didn’t have a ton of time and knew I'd have the associates, Director Lisa Pearlstein felt that this would be a perfect highest disillusionment with law school…. Forty hours over the course of opportunity to give law students a hands-on opportunity to do real legal four semesters is nothing, but it does force people to stop and think about work on behalf of disadvantaged clients, while inspiring them to partic- what it means to be a lawyer, and what their duty is outside of the corpo- ipate in pro bono after they graduate. "If we can get law students excited rate bar." about pro bono work while in law school, I’m betting they will continue to be committed to this work at their future places of employment," Pearlstein says. Tell us about your first case. What was it like Columbia Law School was a good match since it is one of only a handful representing a homeless client for the first time? of law schools in the country that requires students to participate in pro Amy McCamphill, 1L: "At first I was a little nervous and uncomfortable bono work; Columbia mandates that they perform at least 40 hours of because I didn't feel particularly qualified to help my client, and I was service in order to graduate. Interestingly, most of the students partici- afraid that she thought the same thing. But I realized that I needed to pating in the Legal Clinic for the Homeless have chosen to begin their learn by doing. She was a victim of domestic violence and had been involvement during their first year, before their hours will even count homeless for a few months, but she was receiving only a small amount of toward the requirement. food stamps and was having a hard time supporting herself and her tod- The Clinic has now trained 37 Columbia law student volunteers. They dler. Her applications for more public assistance benefits had been perform initial intakes with homeless clients at the shelter and work on denied, and she didn't fully understand why. I didn't expect to enjoy each case from start to finish. Students sharpen their lawyering skills by interviewing my client as much as I did—it was challenging and exciting conducting interviews, researching the relevant federal, state, and local trying to unravel the facts of her case and build a case theory. She's very policy regulations, collecting evidence, and representing their clients at likeable, and I think she has a bright future ahead of her. She recently fair hearings before New York State administrative law judges. The stu- moved into permanent housing and is now attending a work-training dents tackle issues ranging from challenging improper denials of public program." assistance, food stamps, and Medicaid, to assisting clients with securing Ken G.: "I have been working with the same client throughout the year on permanent housing. a series of issues. She has been through some unspeakable challenges, but The Forty-Fourth Street Notes recently interviewed a group of Columbia because she is such a proud woman, she has struggled with accepting the Law students about their experiences volunteering with the Legal Clinic idea that she needs help. As a result, my client was initially distant and for the Homeless, and its impact on their commitment to participating reluctant to work with me. But eventually she saw that I really did want in pro bono legal activities in the future. to help, and that there was no shame in accepting benefits that she right- fully deserved. When she finally did receive the benefits, she told me that she could finally purchase a winter coat for her daughter. Her reaction Why did you decide to get involved with the was immensely gratifying, and attests to the ability that we have as law Legal Clinic for the Homeless at Columbia? students to do good for others." Ken Gerold, 1L: "The Legal Clinic for the Homeless is a great way to help individuals and families dealing with substantial hardships. As a What was the most challenging Columbia Law student, I live within several blocks of people who face hunger, crime, and poverty on a daily basis. I hope that by facilitating the aspect of your first case? disbursement of welfare benefits to those who deserve them, we are mak- James R.: "I had never met a client for whom I would be primarily ing life a little bit easier for severely disadvantaged people." responsible face-to-face before, so the experience was a bit daunting. But James Richards, 2L: "Having grown up and studied law abroad, I'd once I got over the initial nerves and started talking to [my client], I start- always admired the strong pro bono tradition of the American bar, and ed to empathize with her situation. Meeting [her] gave her issues a the extent to which it pervades practice here, so when presented with the human face. She had been sanctioned by the welfare authority for miss- opportunity to do some pro bono work while at Columbia, I jumped at ing a meeting relating to her work assignment. She had never received it. Aside from the ethical obligation I feel as a law student to represent notice of the meeting as it was sent to Brooklyn, but she lives in

CONTINUED ON PAGE 12 www.nycbar.org 11 THE TRUE HEROES.... CONTINUED FROM PAGE 1 as long as five years to bring detainees to trial because of delays caused by for its own purposes has concluded that Guantanamo does not house a their attorneys. That is not correct. The cause of the delay has been the high number of "terrorists." That is understandable since the administra- administration’s policy with respect to the detainees. tion’s definition of "enemy combatant" includes people involuntarily con- The administration initially refused to conduct trials. Subsequently, the scripted into Taliban militias and held there by force. It is no surprise, administration refused to work with Congress on the issue of the therefore, that the government has indicated it is planning to bring detainees. Only after the Supreme Court struck down the military courts charges against no more than 10 percent of the detainees. did the President sign a bill, flawed at best, that establishes military tri- Acting in the highest tradition of the legal profession, hundreds of attor- bunals for detainees. neys from New York and around the country have volunteered their time Thus, five years later, attorneys continue to represent clients who were to represent the detainees. The attorneys come from large and small thrown into this legal "abyss" without a fair process to challenge their firms, and the list includes solo practitioners, criminal defense attorneys, detention. What should have occurred to Mr. Stimson, but didn’t, is that commercial litigators, public defenders, and personal injury attorneys. It these attorneys may be the true heroes in this unsettling period of is ironic that Attorney General Gonzales recently stated that it has taken American history.

LEGAL CLINIC FOR THE HOMELESS AT COLUMBIA.... CONTINUED FROM PAGE 11 What are your plans for the future, and what Manhattan… It's very frustrating to see someone who's doing nothing wrong continually have something put in her way for no good reason. effect has your participation in the clinic had on People like [my client] have precious little to go on, and when their ben- these plans? efits are erroneously taken away, it postpones their emergence from Ken G.: "I plan on pursuing a career in corporate law after graduation. homelessness, causing much distress and wasting a lot of their time in the This experience has shown me how much good I can do with a law process." degree. In looking at law firms, the strength of their pro bono programs What have you learned from your experiences will certainly be an important factor in my decision. Not only do I want to continue my pro bono work after graduation, but I want to be sur- representing homeless clients through the Clinic? rounded by the type of people who enjoy using their law degree for Amy M.: "I am learning both legal skills and substantive public benefits social good." law. For my case last semester, I interviewed my client, developed a case Adam P.: "I plan on clerking in federal court for one to two years before theory, gathered evidence, and presented my theory at an administrative doing public interest litigation, somewhere around the intersection of fair hearing. Along the way, I learned a lot about New York welfare law, public health and civil rights. I think my experience in the clinic has particularly its procedural aspects. I like how the clinic enables me to actually helped me to realize that direct services is…not where my develop my skills and legal knowledge while providing much-needed strongest skills lie. But I think it has taught me how to interact with assistance to disadvantaged families at the same time." clients of different backgrounds and to learn how to be empathetic, James R.: "[The clinic] is an extremely useful education in the lawyering while also getting the information I need to do a good job." skills that you just can't learn in a classroom. I think that a successful Amy M.: "I know I am interested in poverty law… My participation in lawyer doesn't just get the law right and hope the rest follows, but rather the clinic has made me more open to a career in legal services, rather identifies with the client, taking into account both immediate and future than in policy work. I've always pictured myself as a researcher or writer, concerns, which may or may not be strictly legal and will almost always but the clinic has showed me how exciting working with clients can be. be defined by individual circumstance. Clients of the Legal Clinic for the Doing pro bono work has greatly increased my awareness of social and Homeless are perfect examples of this. Every action I take is determined economic problems, and transformed my attitude towards poverty stud- by their individual circumstance—the number of children they have, ies from a purely academic interest to a more compassionate involve- whether or not they're pregnant, their physical health, even the day that ment." they're scheduled to move out of the homeless shelter. Assisting them well means making sure that they can eat dinner that night and see their doctor the next day."

Adam Pulver, left, and Amy McCamphill, right, work with clients at the City Bar Justice Center. Both are students at Columbia Law School. 12 www.nycbar.org CITY BAR CENTER FOR CLE MARCH 2007 CLE COURSE CALENDAR

Monday Tuesday Wednesday Thursday Friday 1 2

5 6 7 89 9-5 p.m. 9-12:30 p.m. 9-12:30 p.m. 16 HOUR BRIDGE-THE-GAP WRITING FOR PRACTICAL WRITING FOR PRACTICAL 16 credits* (both days) EFFECT EFFECT 8 credits* (per day) 71⁄2 credits (both days)* 71⁄2 credits (both days)* Part One of Two 31⁄2 credits (per day)* 31⁄2 credits (per day)* 6-9 p.m. Part One of Two Part Two of Two TAKING YOUR FIRM TO THE 6-9 p.m. NEXT LEVEL: RECENT DEVEL- UNDERSTANDING THE DO’S & OPMENTS EVERY ATTORNEY DON’TS OF HOW TO DO IN A SMALLER LAW FIRM BUSINESS IN THE MIDDLE NEEDS TO KNOW EAST 3 credits* 3 credits* 12 13 14 15 16 9-5 p.m. 9-12 p.m.; 12:15-1:45 p.m. (luncheon) 8:30-11 a.m. 6-9 p.m. 9-5 p.m. 16 HOUR BRIDGE-THE-GAP DIVORCE IN NEW YORK IN THE NEXT GENERATION MANAGE- THE BASICS OF FEDERAL FORMING & ADVISING 21ST CENTURY: WHO GETS MENT TRAINING: LAW FIRM 16 credits* (both days) SENTENCING CHARITABLE ORGANIZA- WHAT & HOW MUCH FINANCIAL MANAGEMENT 8 credits* (per day) 1 3 credits* TIONS SERIES: UNDER- 4 ⁄2 credits* 21⁄2 credits* Part Two of Two STANDING & COMPLY- 6-9 p.m. 6-9 p.m. ING WITH THE FEDERAL MEDICAID & LONG-TERM CARE ARE YOU IN COMPLIANCE PLANNING: KEEPING CURRENT WITH THE NEW ATTORNEY & STATE LAWS WITH THE TIMES ADVERTISING RULES? PRAC- 71⁄2 credits* 6 credits* (both days) Additional program in series 3 credits* (per day) TICAL & ETHICAL INSIGHTS on April 13. Part One of Two 3 credits* 19 20 21 22 23 6-8:15 p.m. 6-9 p.m. 6-9 p.m. 6-9 p.m. 9-4:30 p.m. BASICS OF MORTGAGE MEDICAID & LONG-TERM AN INTRODUCTION TO ANI- NEGOTIATING PRIVATE TRIALS OF THE CENTURY FORECLOSURE & BEYOND CARE PLANNING: KEEPING MAL LAW: CURRENT ISSUES EQUITY LIMITED 7 credits* 2 credits* CURRENT WITH THE TIMES 3 credits* PARTNERSHIP AGREEMENTS 6 credits* (both days) 3 credits* 3 credits* (per day) Part Two of Two

26 27 28 29 30 6-9 p.m. 9-12 p.m. 9-12:30 p.m. 9-11 a.m. 9-4:30 p.m. HOT TOPICS VIDEO REPLAY: EMPLOYMENT LAW WHAT EVERY LAWYER CURRENT ETHICAL ISSUES IN SO LITTLE TIME, SO ESSENTIALS: WHAT NEW YORK AFFECTING COOPERATIVES PRACTITIONERS NEED TO KNOW SHOULD KNOW ABOUT THE THE PRACTICE OF SECURI- MUCH PAPER™: & CONDOMINIUMS 2007 ABOUT LEAVES OF ABSENCE, SEXU- RETIREMENT DISTRIBUTION TIES LAW ORGANIZATION & 3 credits* AL ORIENTATION, DISCRIMINATION, RULES 2 credits* TIME MANAGEMENT OVERTIME, RETALIATION & MORE… 4 credits* TECHNIQUES FOR 3 credits LAWYERS 6-8 p.m. 7 credits* ETHICS FOR THE TRADEMARK PRACTITIONER 2 credits* *This program provides transitional credit for newly admitted attorneys. www.nycbar.org 13 MARCH 2007 CLE CALENDAR

ANIMAL LAW newly admitted, while providing essential Live Program (per day): Member $375, Non- information and credits for more experienced member $515 AN INTRODUCTION TO ANIMAL attorneys. This program is particularly distinct LAW: CURRENT ISSUES in that one day will allow attendees to fulfill CLE Credit: March 7 & 12: 16 credits total: 7 all required skills credits and the other day professional practice/practice management, 6 21 Wednesday, 6-9 p.m. will allow attendees to fulfill all required ethics skills & 3 ethics. This program provides transi- credits. Attendance on both days will provide tional credit for newly admitted attorneys. This program will examine a range of current the total professional practice/practice man- issues in animal law. The subject has been on the agement credits required of all newly admitted CLE Credit: March 7: 8 credits total: 6 skills & rise in law schools, bar associations, private and attorneys. A skilled faculty will guide you 2 professional practice/practice management. public practice, and the media. Topics to be through the day-to-day practice of law and addressed are: estate planning issues for com- cover topics of interest to all attorneys, includ- CLE Credit: March 12: 8 credits total: 5 profes- panion animals; the rights of animals in housing legal ethics. sional practice/practice management & 3 ethics. ing, including rent-regulated apartments, co-ops and condominiums; the rights of the disabled to Faculty: CORPORATE & SECURITIES have animals assist them. The faculty will also JOSEPH AMMIRATI review tort issues including negligence, veteri- Senior Manager NEGOTIATING PRIVATE EQUITY nary malpractice and breeder liability. Licensing Klein Liebman & Gresen, LLC LIMITED PARTNERSHIP issues, humane education, defending activists AGREEMENTS and a legislative update including wildlife and HOWARD BENJAMIN Law Office of Howard Benjamin current issues in ecoterrorism are all on the 22 Thursday, 6-9 p.m. agenda. In addition, cruelty and farm animal JEFFREY CARUCCI issues, along with dangerous dog laws and liabil- The program will cover present issues of con- Statewide Coordinator for EFiling ity issues will be discussed. cern to investors who are considering an Unified Court System of the State of New investment in a private equity fund. The fac- York Program Chair: ulty will examine the competing concerns of DARRYL M. VERNON general partners/ fund sponsors and how the DOUGLAS H. EVANS Vernon & Ginsburg LLP issues are typically resolved through negotia- Sullivan & Cromwell LLP tion. Faculty: DAVID L. GRESEN FRANCES B. CARLISLE Program Chair: Klein Liebman & Gresen, LLC Law Office of Frances Carlisle GEORGE J. MAZIN Dechert LLP ELINOR D. MOLBEGOTT AMY HOLZMAN Guzov Ofsink, LLC Law Offices of Elinor Molbegott Faculty: JOE BARTLETT ELLIOT L. HURWITZ AMY TRAKINSKI Fish & Richardson PC Egert and Trakinski Chief Commercial Counsel Chicago Title Insurance Company JOHN HORNBOSTEL Live program: Member $195, Non member $305 Assistant General Counsel MATTHEW S. LERNER AIA Global Investment CLE credit: 3 credits in professional practice/prac- Goldberg Segalla LLP tice management. This program provides transi- KEVIN SCANLAN JOHN M. OLIVIERI tional credit to newly admitted attorneys. Orrick Herrington Sutcliffe LLP Dewey Ballantine LLP BRIDGE THE GAP PHYLLIS SCHWARTZ WILLIAM RAMOS Schulte Roth & Zabel LLP Principal Court Attorney 16 HOUR BRIDGE-THE-GAP To Honorable Dianne T. Renwick Live Program: Member $215, Non-member Supreme Court Justice, Bronx County 7 Wednesday & 12 Monday, 9-5 p.m. $325 MICHAEL S. ROSS CLE credit: 3 credits total: credit breakdown Earn all of your annual CLE credits while Law Offices of Michael S. Ross obtaining invaluable knowledge on a variety of to be determined. This program provides transitional credit for newly admitted attorneys. areas. The Bridge-the-Gap programs fulfill a full Live Program (both days): Member $415, year’s credit requirements for those that are Non-member $665

14 www.nycbar.org CRIMINAL LAW DEBBIE A. MUKAMAL DAVID GOLDFARB Director, Prisoner Reentry Institute Goldfarb Abrandt Salzman & Kutzin LLP THE BASICS OF FEDERAL John Jay College of Criminal Justice The City University of New York IRA SALZMAN SENTENCING Goldfarb Abrandt Salzman & Kutzin LLP 15 Thursday, 6-9 p.m. HON. JAMES ORENSTEIN Magistrate Judge Live Program (both evenings): Member $375, Non-member $515 The U.S. Supreme Court’s decision in United Eastern District of New York States v. Booker in January 2005 fundamentally PAUL SHECHTMAN Live Program (per evening): Member $195, changed the practice of federal sentencing in Non-member $305 criminal cases. In the landmark decision, the Stillman, Friedman & Shechtman, P.C. Supreme Court found that the U.S. Sentencing Live Program: Member $195, Nonmember $305 CLE Credit: March 13 & 20: 6 credits in profes- Guidelines were unconstitutional, yet preserved sional practice/practice management. These ses- their place in the sentencing process. Judges CLE credit: 3 credits total: 2 professional sions provide transitional credit for newly admit- must now consult with the Guidelines, although ted attorneys. the Guidelines are only "advisory" rather than practice/practice management & 1 ethics. This pro- mandatory, raising a host of legal, strategic and gram provides transitional credit for newly admitted attorneys. CLE Credit per session: 3 credits in professional ethical issues for all practitioners. practice/practice management. Each session pro- ELDER LAW vides transitional credit for newly admitted This panel will discuss federal sentencing in the attorneys. post-Booker era, from the new fundamentals to the cutting edge strategies counsel can now MEDICAID & LONG-TERM CARE EMPLOYMENT LAW employ given the greater flexibility under the PLANNING: KEEPING CURRENT law. The panel includes leaders from the federal WITH THE TIMES bench, prosecution and defense, as well as a VIDEO REPLAY: EMPLOYMENT noted sentencing specialist. The panel will also 13 & 20 Tuesdays 6-9 p.m. LAW ESSENTIALS: WHAT NEW focus on the Justice for All Act, a new federal law YORK PRACTITIONERS NEED TO which permits crime victims broad opportunity Are your elderly family members or friends con- KNOW ABOUT LEAVES OF to be heard at sentencing and to raise objections cerned about paying for the exorbitant costs of ABSENCE, SEXUAL ORIENTATION to the sentencing procedures, considered one of long term care? Is there a way to ensure that they DISCRIMINATION, OVERTIME, the most significant and thorny legal develop- receive quality long-term care while having the RETALIATION & MORE… ments in federal sentencing since Booker. opportunity to preserve assets for their loved Lastly, the panel will discuss the latest develop- ones? Is the answer Medicaid, Medicare, Long- 27 Tuesday, 9-12 p.m. ments in the collateral consequences of federal Term Care Insurance? What must be done to convictions and sentences, providing critical make the costs of long-term care affordable and Whether you are a general practitioner, an in- information that every criminal defense attor- what steps can clients take to maximize asset house generalist, or a full time employment ney needs to know before counseling clients on preservation in the face of long term care costs? lawyer, you should not miss this program. the sentencing process. What if the client is incapacitated? A panel of This program is a practical survey of the latest experts in elder law will address these timely top- developments in four core areas of employ- Program Co-Chairs: ics at this two-part seminar. Although both ses- ment law that are rife with traps for unwary KENNETH S. LEVINE sions are applicable to both seasoned and less New York lawyers: parental and medical Carter Ledyard & Milburn LLP experienced attorneys, we are offering the option leaves; sexual orientation and gender identity to attend one or both sessions. Save by attending discrimination; minimum wage and overtime ZACHARY MARGULIS-OHNUMA both. rules; and whistleblowing and retaliation. The Law Office of Zachary Margulis-Ohnuma faculty, some of the New York’s top employ- Program Chair: ment law practitioners, will give you essential Faculty: MATTHEW J. NOLFO tips about sometimes thorny issues that cannot HON. DENNY CHIN Law Offices of Matthew J. Nolfo be ignored. United States District Judge Southern District of New York Faculty: Program Chair: RUSSELL N. ADLER JUSTIN M. SWARTZ HERBERT J. HOELTER Epstein Becker & Green PC Outten & Golden LLP CEO National Center on Institutions and Alternatives VALERIE J. BOGART Faculty: Director, Evelyn Frank Legal Resources Program TARIK F. AJAMI SHARON COHEN LEVIN Selfhelp Community Services, Inc. Outten & Golden LLP Chief of the Asset Forfeiture Unit United States Attorney’s Office DANIEL G. FISH ALPHONSO DAVID Southern District of New York Freedman Fish & Grimaldi LLP Staff Attorney Lambda Legal www.nycbar.org 15 ALAN M. KORAL MARK S. OCHS CURRENT ETHICAL ISSUES IN THE Vedder Price Kaufman & Kammholz PC Chief Counsel PRACTICE OF SECURITIES LAW Committee on Professional Standards JILL L. ROSENBERG 29 Thursday, 9-11 a.m. Orrick, Herrington & Sutcliffe LLP JAMES W. PAUL Clifford Chance US LLP This program will address ethical and legal PEARL ZUCHLEWSKI issues that corporate and outside counsel face Kraus & Zuchlewski LLP JEFFREY T. SCOTT in advising corporations, directors and officers, Sullivan & Cromwell LLP handling shareholder and derivative suits, and Co-sponsored with the New York State Bar responding to government investigations. The Association, Labor and Employment Law Live Program: Member $235, Nonmember program will present a scenario involving the Section $345 discovery of possible accounting irregularities at a public company in which panelists will role Live Program: Member $195, Non-member CLE credit: 3 credits in ethics. This program play various parts, including that of corporate $305 provides transitional credit for newly admitted counsel, outside counsel, auditor’s counsel, and attorneys. SEC counsel. Topics will include attorney- CLE credit: 3 credits in professional client privilege when representing a corporate practice/practice management. This video ETHICS FOR THE TRADEMARK entity, multiple representations, issues regard- replay does not provide transitional credit for PRACTITIONER ing internal investigations, responses to client newly admitted attorneys. In accordance with misconduct, issues dealing with outside audi- the CLE Board’s revised Regulations and 27 Tuesday, 6-8 p.m. tors, and the impact of the Sarbanes-Oxley leg- Guidelines, if you attended this program in the islation. This program’s updated content will past you may not be permitted to apply the CLE This program will focus on ethical issues com- entitle attendees to CLE credit if they attended credit for this program to fulfill your current mon to trademark and unfair competition law the 2006 program. CLE requirements. practitioners. A panel of experts will examine issues such as proper behavior during investi- Program Chair: ETHICS gations and protecting privileged information DANIEL J. KRAMER when interacting with third parties and in- Paul Weiss Rifkind Wharton & Garrison LLP ARE YOU IN COMPLIANCE house clients. WITH THE NEW ATTORNEY Faculty: ADVERTISING RULES? Program Chair: PIERRE M. GENTIN PRACTICAL & ETHICAL INSIGHTS AMANDA C. SAMUEL Managing Director and Head of Litigation Trademark & Copyright Attorney Credit Suisse 14 Wednesday, 6-9 p.m. Colgate-Palmolive Company BARRY W. RASHKOVER The new attorney advertising rules took effect Faculty: Sidley Austin LLP on February 1, 2007. These rules govern MICHELLE V. FRANCIS lawyer advertising in New York, and have gen- Senior Vice President & Deputy General MICHAEL R. YOUNG erated substantial comment and some contro- Counsel Willkie Farr & Gallagher LLP versy. This program will focus on the new News Corporation/News America rules and what you can and cannot do. A Live Program: Member $235, Non-member $345 panel of experts will discuss how the new DANA R. METES rules have changed the current landscape and LeBouef, Lamb, Green & MacRae LLP CLE credit: 2 credits in ethics. This program what attorneys ought to be doing to assure provides transitional credit for newly admitted compliance. MARK N. MUTTERPERL attorneys. Fulbright & Jaworski LLP Program Co-Chairs: FAMILY LAW DAVID G. KEYKO JAMES B. SWIRE Pillsbury Winthrop Shaw Pittman, LLP Arnold & Porter LLP DIVORCE IN NEW YORK IN THE 21ST CENTURY . . . “WHO GETS EDWARD M. SPIRO Live Program: Member $225, Non-Member WHAT & HOW MUCH?” Morvillo, Abramowitz, Grand, Iason, Anello & $335 Bohrer, P.C. 13 Tuesday 9-12 p.m.; 12:15-1:45 lunch & CLE Credit: 2 credits in ethics. This program analysis Faculty: provides transitional credit for newly admitted JOE CALVE attorneys An expert panel comprised of attorneys and Chief Marketing Officer ASA's (American Society of Appraisers) will Proskauer Rose LLP take you through a step-by-step analysis (with Board Member expert testimony and cross-examination) of a NY Chapter of Legal Marketing Association New York City matrimonial dispute involving a number of assets. Included will be a behind- the-scenes "prep session" with plaintiff's and defendant's counsel before trial. As a special 16 www.nycbar.org feature the program will conclude with a lunch, Attorneys: ROBERT SIMON, CPA/ABV,ASA at which time the presiding Judge of the Mock IRA E. GARR President Trial, Justice Jacqueline Silbermann of the New Law Offices of Ira E. Garr PC Robert Simon Fine Art York State Supreme Court, will announce the valuation decisions. There will be an analysis of ELYSE GOLDWEBER Co-sponsored with the New York City the decision-making process, as well as commen- Goldweber, Lauriello, & Epstein LLP Chapter of the American Society of Appraisers tary on the style of each of the experts and coun- sels for the plaintiff and the defendant. This will MICHAEL STUTMAN Live Program: Member/ASA $175, Non-mem- be an invaluable opportunity to learn first hand Mayerson, Stutman, Abramowitz & Royer LLP ber $285 from the tested and experienced valuation and litigation experts who are familiar with the New Appraisers: CLE credit: 41⁄2 credits total: 31⁄2 skills & 1 York State Supreme Court and who specialize in ELIOT BERRY, ASA professional practice/practice management. the unique challenges of valuation testimony in Eliot W. Berry & Co., Inc This program provides transitional credit for Matrimonial Disputes in New York City today. Real Estate Valuations newly admitted attorneys.

Program Co-Chairs: MARTIN A. GREENE, CPA/ABV,ASA INTERNATIONAL LAW RONALD M. GOLD Director of Business Valuations New York State Certified General Real Estate Anchin, Block & Anchin LLP UNDERSTANDING THE DO'S & Appraiser, ASA DON'TS OF HOW TO DO BUSI- JOSHUA LAND NESS IN THE MIDDLE EAST ALTON L. ABRAMOWITZ Principal Appraiser Mayerson Stutman Abramowitz Royer LLP 8 Thursday, 6-9 p.m. JOAN A. LIPTON, CPA/ABV, PH. D Mock Trial Participants: Managing Director With the Muslim population now estimated to Lazar Lipton Valuation Services, LLC be over one billion, and more and more gov- Presiding Judge: ernments reaching back to Islamic legal pre- JUSTICE JACQUELINE W. SILBERMANN CHARLES ROSOFF, ASA cepts to govern their domestic and cross-bor- Deputy Chief Administrative Judge Appraisal Services Associates der affairs, understanding the Do’s and Don’ts for Matrimonial Matters of Shari’a, Islamic law, is becoming an essen- Administrative Judge BERNARD SENCER, ASA, AAA tial tool for global businesses. Yet, with six Supreme Court, Civil Branch Sencer Appraisal Association, Inc schools of law (4 Sunni and 2 Shi’a), and

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Avis features GM vehicles. ©2007 Avis Rent A Car System, LLC 15186-05 www.nycbar.org 17 accelerating trends both toward harmonizing LAW FIRM PRACTICE NEXT GENERATION MANAGEMENT Islamic law with post-Enlightenment Western MANAGEMENT TRAINING SERIES: law and rejecting those very same westernizing precepts in favor of fundamentalist early TAKING YOUR FIRM TO LAW FIRM FINANCIAL MANAGE- Islamic strictures, this is not an easy task. This MENT (Second Session) program will include presentations on the his- THE NEXT LEVEL: RECENT DEVELOPMENTS EVERY tory and basic elements of Islamic law as well 14 Wednesday, 8:30-11 a.m. as advanced discussions of the latest develop- ATTORNEY IN A SMALLER LAW ments in so-called Shari’a-compliant FIRM NEEDS TO KNOW This program is designed to provide training financings. for lawyers who want to participate or are par- 7 Wednesday, 6-9 p.m. ticipating in the financial management of Program Chair: their firm. Modern law firm financial report- ROBERT E. MICHAEL This program will explore how to take your ing and forecasting tools will be discussed. Robert E. Michael & Associates current law practice to the next step. Issues to The comparative value and application of the be discussed include: how to find your "niche" tools will be highlighted as well as cost control Faculty: from small law firm practitioners who have methods and compensation planning tech- ABED AWAD done it; exploring the latest changes proposed niques. The session will conclude with a Law Office of Abed Awad by the Report of the Commission to Examine roundtable discussion of the topics covered Adjunct Professor, Rutgers Law School Solo and Small Firm Practice with members and ideas for immediate application will be of the Commission itself; a look at promoting offered. Panelists will consist of managing BERNARD FREAMON your practice in the wake of the new ethical partners, law firm executive directors and Director rules for attorney advertising; how you can selected members of the Association of Legal Seton Hall Law School Program for the Study meet the challenges of sustaining the growing Administrators who are experts in these of Law in the Middle East client base without running into trouble by topics. receiving valuable information from the New WILLIAM VAN ORDEN GNICHTEL York Lawyers' Fund for Client Protection. Program Chair: Member of NY & MA Bar Associations HARVEY S. FEUERSTEIN Foreign Legal Consultant to Saudi Arabia Program Co-Chairs: Chairman, Executive Committee RICHARD ROTH Herrick, Feinstein LLP PROFESSOR HAIDER ALA HAMOUDI The Roth Law Firm, PLLC Associate-in-Law Faculty: Columbia Law School ALLA ROYTBERG BARRY JACKSON Law Offices and Mediation Center of Alla Executive Director MOHAMED SAAD LAHLOU Roytberg Davis & Gilbert LLP Lahlou & Co. Law Firm Faculty: PHILIP VETH MICHAEL J.T. MCMILLEN MICHAEL J. KNIGHT Director of Finance Dechert LLP Deputy Counsel Thacher Profitt & Wood LLP NYS Lawyers’ Fund for Client Protection WASIM B. SALIMI Co-Sponsored with the NYC chapter of the Attorney at Law GLENN LAU-KEE Association of Legal Administrators Koo Larrabee Lau-Kee & Lane LLP PROFESSOR JOSEPH TANEGA Live Program: Member $195, Non-member Course Director LLM Corporate Finance Law PROFESSOR HARVEY MARKOVITZ $305 University of Westminster School of Law President HBM Associates, Inc. CLE credit for three programs: 6 credits in Live program: Member $195, Non member Professor of Direct Marketing professional practice/practice management. This $305 Zicklin School of Business program is a part of a series. The other two pro- Baruch College grams are: Business Development and Client CLE credit: 3 credits in professional Relations, Friday, February 16 8:30-11 a.m. and practice/practice management. This program TIMOTHY O’SULLIVAN Interpersonal Management & Motivation, provides transitional credit for newly admitted Executive Director & Counsel Thursday, April 12 8:30-11 a.m. attorneys. NYS Lawyers’ Fund for Client Protection CLE credit per program: 21⁄2 credits in profes- Live Program: Member $195, Nonmember sional practice/practice management for March $305 14 and April 12, 11⁄2 credits in professional practice/practice management for February 16. This CLE credit: 3 credits in professional program provides transitional credits for newly practice/practice management. This program admitted attorneys. provides transitional credit for newly admitted attorneys.

18 www.nycbar.org Save 15% by registering or purchasing I Set goals that are both inspiring and realis- first morning will focus on organizational tapes/CDs/DVDs/materials for both days. tic. issues, and the second on writing effective I Implement a personal time management paragraphs and sentences. (You may attend SO LITTLE TIME, improvement program that can continue either session alone, although we recom- SO MUCH PAPER™: to increase your productivity over the mend attending both.) The program will be long run. relevant to all types of expository and per- ORGANIZATION & TIME suasive legal writing, but will not address the MANAGEMENT TECHNIQUES Program Instructor: drafting of contracts and similar formal FOR LAWYERS MEG SPENCER DIXON documents. Principal, Spencer Consulting 30 Friday, 9-4:30 p.m. Program Instructor: Co-sponsored with ALI-ABA STEVE ARMSTRONG Of all the elements you have to work with, WilmerHale LLP none is more precious than time. You have Live Program: Member $350, Non-Member invested years learning the substance of the $450 Live Program (both sessions): Member $375, law. Now you can invest a few hours to learn Non-member $515 1 the principles of organization and time man- CLE credit: 7 credits total: 4 ⁄2 professional 1 agement, and how to apply them every day to practice/practice management & 2 ⁄2 skills. Live Program (per session): Member $195, do more work in less time. This program provides transitional credit for $305 newly admitted attorneys. This program is 1 In this intensive, fast-paced seminar, you will approved for MCLE credit in other MCLE CLE credit both sessions: 7 ⁄2 credits in skills. learn hundreds of ideas, techniques, and jurisdictions. This program provides transitional credit for strategies for managing time, projects, paper, newly admitted attorneys. and people (including yourself). This solu- LEGAL WRITING 1 tion-oriented seminar presents productivity- CLE credit per session: 3 ⁄2 credits in skills. enhancing techniques that are practical and WRITING FOR PRACTICAL EFFECT This program provides transitional credit for workable in the real world of too little time, newly admitted attorneys. too much paper, demanding clients, and con- 8 Thursday & 9 Friday, 9-12:30 p.m. stant challenges. LITIGATION Lawyers often assume their writing has to be Attend this seminar and learn how to: difficult to read because their raw material is TRIALS OF THE CENTURY complex. That's wrong. Even the most com- I Work more productively on your own and plicated material can be turned into clear, 23 Friday, 9-4:30 p.m. in teams. forceful prose, and even the most impatient I Keep track of projects, assignments, ideas, audience can be persuaded to pay attention to There can be no better education and enter- and things to do. your writing. This two-part seminar will tainment than to be seated in the front row I Handle paperwork efficiently and prevent focus on the rhetorical, organizational and of the Los Angeles County Court House on backlogs. stylistic skills you need to write clearly and August 15, 1912, as Clarence Darrow, I Handle unimportant interruptions effi- persuasively — and to establish your credibil- America’s greatest trial attorney, rises to give ciently, yet diplomatically. ity in the face of demanding audiences. The his most memorable closing argument. I Maximize your time.

www.nycbar.org 19 Now you have a front row seat. Listen, profit officers, directors, and trustees, the ELIZABETH GUGGENHEIMER learn, and enjoy! rules governing solicitation of charitable Deputy Executive Director contributions (and the deductibility of such Lawyers Alliance for New York Using actual film footage, re-creations, contributions), and the New York Attorney photos, and verbatim trial transcripts, General's role in overseeing charitable orga- JEFFREY D. HASKELL this unique program offers an unforget- nizations. They will also examine the spe- Senior Vice President, Tax & Legal Affairs table educational experience. See cial rules which apply to private founda- Foundation Source excerpts from the O.J. Simpson trial, hear tions and the support test for determining Clarence Darrow cross-examine William whether an organization is or is not a pri- MICHAEL S. KUTZIN Jennings Bryan in the Scopes "Monkey vate foundation. In addition, there will be Goldfarb Abrandt Salzman & Kutzin LLP Trial," view the cross-examination of thorough analysis of the numerous provi- Herman Goering at the Nuremberg tri- sions in the federal Pension Protection Act MICHAEL A. LEHMANN als, and listen to Clarence Darrow’s clos- of 2006 applicable to charitable organiza- Manatt Phelps & Phillips LLP ing argument in the Leopold and Loeb tions. trial. Learn the ethics of dealing with dif- PAMELA A. MANN ficult witnesses and counsel from the The April program, Forming & Advising Law Offices of Pamela A. Mann, LLC Lindbergh Kidnapping trial. Each exam- Charitable Organizations: The Basics & ple is followed by a practical discussion Beyond, will be held on Friday, April 13 KEVIN MATZ of the lessons from the masters that you from 9-5 p.m. White & Case LLP can apply to improve your own skills as an advocate. The March and April programs are discrete. SPEAKER TO BE ANNOUNCED Although by attending both you will receive New York Attorney General's Charities Program Instructor: a thorough and complete understanding of Bureau TODD WINEGAR forming a charitable organization and the applicable rules concerning these organiza- JEAN L. TOM Co-sponsored with ALI-ABA tions, it is not mandatory that you attend Patterson Belknap Webb & Tyler LLP both. However, if you do you will receive a Live program: Member $350, Non-mem- 20% discount off of the April program – a M. ANTOINETTE THOMAS ber $450 savings of up to $99. Carter Ledyard & Milburn LLP

CLE credit: 7 credits total: 6 skills & 1 Program Co-Chairs: Co-sponsored with: New York County ethics. This program provides transitional PATRICIA J. DIAZ Lawyers’ Association credit for newly admitted attorneys. This Loeb & Loeb LLP program is approved for MCLE credit in Live program: Member $365, Nonmember other MCLE jurisdictions. Credit break- DAVID G. SAMUELS $495 down for other jurisdictions will be avail- Duval & Stachenfeld LLP able at the program. The fee for the April 13th program is PIETRINA SCARAGLINO $365 for members and $495 for non- NONPROFIT ORGANIZATIONS Associate General Counsel members. If you attend both days you New York University School of Law will save 20%, reducing the total fee from FORMING & $730 to $657 for members and from $990 ADVISING CHARITABLE Faculty for March 16: to $891 for non-members. ORGANIZATIONS: IAN J. BENJAMIN Goldstein Golub Kessler LLP CLE credit: 71⁄2 credits total: 61⁄2 profes- UNDERSTANDING & sional practice/practice management & 1 COMPLYING WITH JULIA CHU ethics. This program provides transitional FEDERAL & STATE LAWS Director of Philanthropic Services credit for newly admitted attorneys. UBS Trust Company, NA 16 Friday, 9-5 p.m. REAL ESTATE CAROLYN T. ELLIS These programs, which will be useful to Assistant Attorney General & Section Chief BASICS OF MORTGAGE both experienced and newly admitted NYAG Charities Bureau FORECLOSURE & BEYOND attorneys, provide an overview of New York State and federal law governing the DOUGLAS H. EVANS 19 Monday, 6-8:15 p.m. formation and operation of nonprofit, Special Counsel charitable organizations and the admin- Sullivan & Cromwell LLP Foreclosures are on the rise. istration of charitable assets. The faculty will address the general rules governing PAUL GELLMAN Bruce J. Bergman, author of the treatise tax-exempt status for 501(c)(3) organiza- Assistant Attorney General & Section Chief Bergman on New York Mortgage tions, the mechanics of forming a New NYAG Charities Bureau Foreclosures, will discuss what you need to York nonprofit and obtaining tax-exempt know to successfully and efficiently handle status, the obligations and duties of non-

20 a mortgage foreclosure action and how to EVA C.TALEL considerable amount of wealth in their avoid pitfalls inherent in the process. Stroock & Stroock & Lavan LLP retirement accounts. With proper plan- Receive a thorough primer on mortgage ning, retirement assets can be preserved foreclosures in New York from the person ANTHONY M. VASSALLO for decades for the benefit of your client who literally "wrote the book." Goals, pro- Attorney at Law and his/her family. cedures, strategies and issues will be explored, along with "hot topics" including Live Program: Member $215, Non-member The instructor will analyze in detail the predatory lending and non-judicial foreclo- $325 many rules that you need to know in sure. This updated program will also order to take full advantage of the IRS include a discussion of The Home Equity CLE credit: 3 credits in professional prac- retirement distribution rules. Theft Prevention Act. Whether you are tice/practice management. This program beginning to practice foreclosures or are an provides transitional credit for newly This seminar will help you understand experienced practitioner who desires to admitted attorneys. the estate planning strategies and income refresh your knowledge of the important tax techniques that are available in order aspects in this burgeoning field of law, this TAX & ACCOUNTING to protect your clients’ retirement assets. program is not to be missed. Using practical examples, this seminar WHAT EVERY LAWYER will go beyond the basics and supply you Program Co-Instructors: SHOULD KNOW ABOUT THE with proven strategies that can help pre- BRUCE J. BERGMAN RETIREMENT DISTRIBUTION serve these assets. Berkman, Henoch, Peterson & Peddy, P.C. RULES Given the substantial balances in these KENNETH M. MOLTNER accounts, the need to integrate retire- 28 Wednesday, 9-12:30 p.m. Bressler, Amery & Ross PC ment assets into an estate plan has never been more important. This program will Live Program: Member $195, Non-mem- Many of your clients have accumulated a ber $305

CLE credit: 2 credits in professional prac- Put your trust in… tice/practice management. This program provides transitional credit for newly admitted attorneys.

HOT TOPICS AFFECTING COOPERATIVES & CONDOMINIUMS 2007

26 Monday, 6-9 p.m. Escrow Organizer accounting software offers an easy-to-use and cost-effective solution for managing the receipts and This program will provide practitioners . with an overview of important issues disbursements of client funds affecting cooperatives and condominiums, including updates on recent case law and Some of the many features of Escrow Organizer: legislation and a consideration of current x Multiple bank accounts and unlimited client accounts issues facing cooperative and condomini- x um boards and owners. Real time balances x Reduces paper work Program Chair: x Simplified check printing DALE J. DEGENSHEIN x Monthly bank reconciliation Cantor Epstein & Degenshein LLP x Detail on-screen, printed reports, text and “CSV” files Faculty: x Microsoft Windows and network compatible ANDREW P. BRUCKER It’s the ideal solution for accurately recording client funds. Schechter & Brucker, P.C.

MICHAEL T. MANZI A free evaluation copy is available at our web site: Balber Pickard Battistoni Maldonado & www.escroworganizer.com Email: [email protected] Van Der Tuin PC Toll Free: 877 674-6312 Phone: 631 265-8305

21 show you how you can help your clients take Registration advantage of tax savings opportunities and Advance registration is advised for live pro- add value to your most important relation- Nominees Named ships. grams & video replays. An additional fee of $25 will be charged for registrations The following candidates have been nomi- received later than 3:00 p.m. one business As a special feature, the manual "Practical nated by the Executive Committee for day prior to the program. For more infor- Application of the Retirement Distribution election to five positions on the 2007-2008 mation or to register for a program visit Rules" containing over 50 examples will be Nominating Committee. Ballots will be our website at www.nycbar.org, call (212) distributed at the program as the course mate- sent to the membership. Those elected 382-6663, fax (212) 869-4451 or mail your rials. will be announced at the Annual Meeting registration to: City Bar Center for CLE, of the Association on May 15. Pursuant New York City Bar, 42 West 44th Street, Program Instructor: to By-law XXIII, other nominations must New York, NY 10036. SEYMOUR GOLDBERG, CPA, MBA, JD be posted no later than April 9, 2007. Goldberg & Goldberg, P.C. Tapes are sold with the accompanying written materials from the program. Program materials can be purchased separately from Live Program: Member $205, Non-member Preeta Bansal the program. (CLE credit may not be given $315 Terryl Brown Clemons for materials only.) Mandatory NYS sales Robert Fiske, Jr. tax is included in the purchase price for CLE credit: 4 credits in professional E. Leo Milonas tapes and materials. All sales of tapes, CDs, practice/practice management. This program DVDs and materials are final. Please allow provides transitional credit for newly admitted Sara Moss Russell Neufeld 3-5 weeks after the program date for your attorneys. order to be processed. Carlos Ortiz CPE Credit: 4 credits in taxation. Milton Williams, Jr. Cancellations & Refunds Richard Wolf Mary Marsh Zulack For live programs and video replays, refunds and program credits are available provided cancellation is made in writing and received by the City Bar Center prior to the program. A $35 administrative fee will be charged for all refunds. The cancellation fee will be deducted directly from the refund. For program credits no administrative fee will be charged. Program credits must be used within one year of the original program date. Cancellations must be in writing and faxed to the City Bar Center at (212) 869- 4451. Refunds and program credits are not available for the purchase of tapes, CDs, DVDs, course materials or online programs. Certificates for attending a program are given out and signed by a CLE staff member at the end of the program. You are responsible for keeping a copy of the CLE certificate for your own records. An administrative fee of $10 will be charged for replacement CLE certificates. These programs are presented under the THA T’S WHA T WE DO, EVERY DAY.® With Special Counsel, the leading provider auspices of the CLE Committee, Valerie L. of legal staffing services nationwide, you can reach new heights. Whether you need (212) 218-7155 Fitch, Chair, and the City Bar Center for attorneys, paralegals, or other resources, we provide the most qualified professionals Continuing Legal Education. — from general workload management and litigation support to project management (800) 73 7-3436 for e-discovery and document review projects. And with specialized services like specialcounsel.com Scholarships are available. Please call (212) medical document review, deposition digesting, and court reporting, Special Counsel 382-6663 for an application. is the single place for all of your legal staffing needs — whether on a contract or direct Is there a program you would like to attend hire basis. Call us today. or a speaker you would like to hear? Please contact the City Bar Center with your suggestions. ©2007 Special Counsel, Inc. All rights reserved. A Member of the MPS Group

22 MARCH 2007 CLE REGISTRATION FORM

I BRIDGE THE GAP I ARE YOU IN COMPLIANCE WITH THE NEW ATTORNEY I NEGOTIATING PRIVATE EQUITY LIMITED PARTNERSHIP March 7 & 12 ADVERTISING RULES? PRACTICAL & ETHICAL INSIGHTS AGREEMENTS Member Non-member March 14 March 22 Live Program (both days): I $415 I $665 Member Nonmember Member Non-member Live program (per day): I $375 I $515 Live Program: I $235 I $345 Live Program: I $215 I $325 I I I I I TAKING YOUR FIRM TO THE NEXT LEVEL: Audiotapes: $345 $415 Audiotapes $315 $385 Videotapes: I $435 I $505 Videotapes I $405 I $475 RECENT DEVELOPMENTS EVERY ATTORNEY IN A I I I I SMALLER LAW FIRM NEEDS TO KNOW CDs: $365 $435 CDs $335 $405 I I I I March 7 DVDs: $475 $565 DVDs $445 $535 Member Nonmember Materials: I $105 I $135 Materials I $105 I $135 Live Program: I $195 I $305 I THE BASICS OF FEDERAL SENTENCING I TRIALS OF THE CENTURY Audiotapes: I $315 I $385 March 15 March 23 Videotapes: I $405 I $475 Member Nonmember Member Non-member CDs: I $335 I $405 Live Program: I $195 I $305 Live program: I $350 I $450 I I I I DVDs: $445 $535 Audiotapes: $315 $385 I HOT TOPICS AFFECTING COOPERATIVES & CONDOMINIUMS Materials I $105 I $135 I I Videotapes: $405 $475 2007 I I I WRITING FOR PRACTICAL EFFECT CDs: $335 $405 March 26 March 8 & March 9 DVDs: I $445 I $535 Member Non-member Member Non-member Materials: I $105 I $135 Live Program: I $215 I $325 Live Program (both sessions): I $375 I $515 I FORMING & ADVISING CHARITABLE ORGANIZATIONS: Audiotapes: I $315 I $385 Live Program (per session): I $195 I $305 UNDERSTANDING & COMPLYING WITH FEDERAL & STATE Videotapes: I $405 I $475 Audiotapes: I $465 I $635 LAWS CDs: I $335 I $405 Videotapes: I $595 I $725 March 16 DVDs: I $445 I $535 CDs: I $485 I $655 Member Nonmember Materials: I $105 I $135 I I DVDs: $645 $795 NYCB/NYCLA I ETHICS FOR THE TRADEMARK PRACTITIONER I I Live Program I $365 I $495 Materials: $235 $355 March 27 Audiotapes I $465 I $635 Save up to $95 by attending both sessions Member Non-Member Videotapes I $595 I $725 I UNDERSTANDING THE DO’S & DON’TS OF HOW TO DO BUSI- Live Program I $225 I $335 CDs I $485 I $655 NESS IN THE MIDDLE EAST Audiotapes: I $345 I $415 I I March 8 DVDs $645 $795 Videotapes: I $435 I $505 I I Member Non member Materials $155 $235 CDs: I $365 I $435 Live program: I $195 I $305 I FORMING & ADVISING CHARITABLE ORGANIZATIONS: DVDs: I $475 I $565 Audiotapes I $315 I $385 THE BASICS & BEYOND Materials: I $105 I $135 I I I April 13 Videotapes $405 $475 I VIDEO REPLAY: EMPLOYMENT LAW ESSENTIALS: WHAT CDs I $335 I $405 Member Nonmember NEW YORK PRACTITIONERS NEED TO KNOW ABOUT LEAVES I I NYCB/NYCLA DVDs $445 $535 OF ABSENCE, SEXUAL ORIENTATION DISCRIMINATION, OVER- I I Live Program I $365 I $495 Materials $105 $135 TIME, RETALIATION & MORE… Audiotapes I $465 I $635 I DIVORCE IN NEW YORK IN THE 21ST March 27 Videotapes I $595 I $725 CENTURY . . . "WHO GETS WHAT & HOW MUCH?" Member Non-member CDs I $485 I $655 March 13 Video Replay: I $195 I $305 DVDs I $645 I $795 Member Nonmember Audiotapes: I $315 I $385 I I NYCB/ASA Materials $155 $235 Videotapes: I $405 I $475 Live Program: I $175 I $285 I Both programs: CDs: I $335 I $405 Audiotapes: I $315 I $385 Member Nonmember DVDs: I $445 I $535 Videotapes: I $405 I $475 NYCB/NYCLA Materials: I $105 I $135 I I Live Program I $657 I $891 CDs: $335 $405 I WHAT EVERY LAWYER SHOULD KNOW ABOUT THE RETIRE- I I Audiotapes I $837 I $1143 DVDs: $445 $535 MENT DISTRIBUTION RULES I I Materials: I $105 I $135 Videotapes $1071 $1305 March 28 I I CDs $873 $1179 Member Non-member I MEDICAID & LONG-TERM CARE PLANNING: DVDs I $1161 I $1431 Live Program: I $205 I $315 KEEPING CURRENT WITH THE TIMES Materials I $279 I $423 Audiotapes: I $315 I $415 March 13 & 20 Register for both: Save 20% on the 2nd program! Videotapes: I $405 I $475 Member Non-member I BASICS OF MORTGAGE FORECLOSURE & BEYOND CDs: I $335 I $405 Live Program (both evenings): I $375 I $515 March 19 DVDs: I $445 I $535 Live program (per evening): I $195 I $305 Member Non-member Materials: I $105 I $135 Audiotapes: I $465 I $635 Live Program: I $195 I $305 I CURRENT ETHICAL ISSUES IN THE PRACTICE OF Videotapes: I $595 I $725 Audiotapes: I $315 I $385 SECURITIES LAW CDs: I $485 I $655 Videotapes: I $405 I $475 March 29 DVDs: I $645 I $795 CDs: I $335 I $405 Member Non-member Materials: I $235 I $355 DVDs: I $445 I $535 Live Program: I $235 I $345 NEXT GENERATION MANAGEMENT TRAINING: Materials: I $105 I $135 Audiotapes: I $315 I $385 I LAW FIRM FINANCIAL MANAGEMENT I AN INTRODUCTION TO ANIMAL LAW: CURRENT ISSUES Videotapes: I $405 I $475 March 14 March 21 CDs: I $335 I $405 Member Non-member Member Non member DVDs: I $445 I $535 NYCB/ALA Live program: I $195 I $305 Materials Only: I $105 I $135 Live program: I $195 I $305 Audiotapes I $315 I $385 I SO LITTLE TIME, SO MUCH PAPER™: ORGANIZATION & TIME Audiotapes: I $315 I $385 Videotapes I $405 I $475 MANAGEMENT TECHNIQUES FOR LAWYERS Videotapes: I $405 I $475 CDs I $335 I $405 March 30 CDs: I $335 I $405 DVDs I $445 I $535 Member Non-Member DVDs: I $445 I $535 Materials I $105 I $135 Live Program: I $350 I $450 Materials Only: I $235 I $355 I INTERPERSONAL MANAGEMENT ALL REGISTRATIONS MUST BE PREPAID BY EITHER CREDIT CARD OR & MOTIVATION A CHECK MADE PAYABLE TO: CITY BAR CENTER FOR CLE OR NEW YORK CITY BAR April 12 Member Non-member NYCB/ALA Live program: I $195 I $305 Name Audiotapes: I $315 I $385 Videotapes: I $405 I $475 Address CDs: I $335 I $405 DVDs: I $445 I $535 Materials Only: I $235 I $355 City State Zip I REGISTER FOR BOTH: SAVE 15% on 2nd program! Member Non-member Phone Total Enclosed $ NYCB/ALA Live program: I $360.75 I $564.25 Audiotapes: I $582.75 I $712.25 Please charge to my I Mastercard I Visa I American Express Videotapes: I $749.25 I $878.75 CDs: I $619.75 I $749.25 DVDs: I $823.25 I $989.75 Card Number Exp. Date Materials Only: I $434.75 I $656.75 Signature 23 ties, says Brady, you may begin to think about asking how you can volunteer. By participat- Professional Development what is next and are more concrete about what ing in these events you will be building your it is you want both in your career and in your network and expanding the pool of people personal life. In your late forties and fifties, you can turn to for career advice. Perhaps one DEFINING often now with significant experience under day they may present an opportunity that your belt, you may readjust your career and life helps you reach one of your career goals. SUCCESS FOR goals again. YOURSELF, IV. Develop and implement II. Focus on your assets an action plan SETTING Brady suggests conducting a career/life audit. Think about your lifetime goals, says Brady. Ask yourself what are your abilities, what are What do you want to have? Money? A house? YOUR OWN you good at and remember, says Brady, not to A successful marriage? Children? Write all be too humble. To help you determine your your goals down, suggests Brady, and once a COURSE abilities start by benchmarking your achieve- year take a look at your list. Check off the ments, successful projects and things you are things you’ve accomplished and add to or proud of. This means writing them down on a icking off the City Bar’s 2007 delete things from your list. piece of paper. Start doing this as early in your Professional Development Breakfast career as possible, suggests Brady, so two, three, Workshops, Kathleen Brady of Brady & K four years down the road you won’t have to ask Associates Career Planner, LLC, speaking to an Next, develop an action plan by asking your- yourself, What is it exactly that I have done over audience of more than 100 young attorneys on self which of these goals can I accomplish this the years? "Knowing Your Options/Controlling Your year, which in the next five years. Then ask Destiny," urged participants to define success yourself what am I going to do to make this for themselves and then set their own course. happen. Once you write it down, says Brady, a III. Stay connected goal can become a lot more real. Remember, says Brady, as you implement your action plan The first step, says Brady, is to ask yourself what Be in career-building mode at all times, advises be flexible. At different times in your life dif- does success look like? It is different to every- Brady, not just when you don’t like your job. ferent aspects of your life may take priority. one. For some it may mean being content with Pay attention inside your firm, read the your life, for others it may mean achieving newsletters, walk the halls now and then, talk to some measurable accomplishment or leaving a fellow associates and be in the loop. Also pay V. Be patient legacy or having a positive impact on those attention outside your firm. You can do this, around you. Once you have your goals suggests Brady, by attending at least three func- Finally, says Brady, be patient. Planning and defined, says Brady, you can begin moving tions every three months. This can mean going moving ahead in your career takes time. toward those goals by following this five-step to a CLE course, a bar association committee Experiences or transitions you don’t expect success formula. meeting or an alumni event. may arise and delay or alter the course of your plan. Just remember, says Brady, you can control your own career destiny if you are pre- Stay apprised with what is going on in the pared, patient and flexible. I. Know what you want world of work by being aware of the trends in your area of practice and which firms seem to Understand how career development fits into be hiring. This may sound time consuming, your life, Brady advises. Be aware that over For more information on the Professional remarks Brady, but really it should not take time your career goals will change and different Development Breakfast Workshops and a more than 15 minutes a week. things will take priority in your life. In your complete schedule of upcoming sessions, twenties and early thirties you are just begin- please visit www.nycbar.com. ning to commit to an occupation, and perhaps Find out what opportunities are offered outside to a life partner and are looking to future your firm. Get involved in the bar association advancement. In your late thirties and early for- or your law school by going to programs and

PERIODICALS

Forty-Fourth Street Notes March 2007