Times Like These in This Issue… PATRICIA M

april 2009 | VOL.24, NO.4

Times Like These in this issue… PATRICIA M. HYNES, President City Bar Justice Center Annual Gala I am proud that the New York City Bar is among the organizations taking the April 7th lead in helping homeowners survive the worst economic crisis in generations. page 5 Times like these remind us why we went to law school in the first place. For many of us, it was to make a difference. Documentary: The Journey for Justice: Since last spring, the City Bar Justice Center has been working with the Federal The A.P. Tureaud Story Reserve Bank of New York to provide homeowners facing foreclosure with April 15th volunteer attorneys. A recent grant from the New York State Housing Trust Fund page 5 has allowed the Justice Center to add another staff attorney to the project. Further assistance is available from the Justice Center’s Consumer Bankruptcy Project, which has received a grant from the New York Getting Appointed to a Criminal Justice State Department of Banking to provide Chapter 13 help to homeowners. With increased support, the Act Panel Justice Center hopes to mobilize more private attorneys to help. April 16th As the accompanying article on the Justice Center’s foreclosure volunteers illustrates, there’s never page 5 been a better time to get involved in pro bono work. The time to make a difference is now. Pleasure, Pain, Physicians and Police: The Law of Controlled Substances and the Practice of Medicine On the Front Lines of Foreclosure April 29th page 8 44th Street Notes recently sat down with City Bar that it’s essentially like a big law firm.” He was Justice Center Project Director Lynn Armentrout referring to the project’s collaborative nature, Hedge Funds in the Current Environment – CLE and six volunteer attorneys for the Lawyers bringing together attorneys with expertise in a April 22nd Foreclosure Intervention Network, a project variety of areas beneficial to foreclosure clients, page 12 providing free legal services to homeowners such as banking law, construction and litiga- facing foreclosure. The project is co-sponsored tion. Even this brief roundtable became at times Out with the Code, in With by the Justice Center and the Federal Reserve like a workshop, as participants offered advice on the Rules – CLE Bank of New York. one another’s cases, providing new insights and April 14th solutions to varied and often complicated issues. page 12 While most of the foreclosure project’s volunteers Also as in a large law firm, the project’s lawyers are solos or from small firms, something interest- are being offered ongoing training, including an Hot Topics & Recent ing happens when they get together. As one Developments in upcoming civil procedure class with renowned Foreclosure – CLE volunteer, Joseph Parenteau, put it: “The great NYU Law Professor Oscar Chase. April 20th thing you have going here with this operation is page 15 continued on p.2 Contents on the front lines of foreclosure: continued from p.1 Edward Reisner Times Like These 1 We asked the volunteers what motivated them to step up in the face of the foreclosure crisis Ed Reisner has volunteered to On the Front Lines and how the experience has affected them take on not one but three cases of Foreclosure 1 personally and professionally. for the project, including one involving a client who did not City Bar Events 4 Howard Yaruss even know his house had been foreclosed and Calendars 10 Howard Yaruss brings extensive sold because he was in prison while it happened. experience working in the Reisner emphasized the satisfaction he has CLE Courses 12 financial industry to the gotten from helping his clients avoid eviction, Committee Reports 17 foreclosure project. Currently and also from doing something to help solve he is handling the case of a 69-year-old woman the country’s larger economic crisis, saying, April 2009 CLE who owned her home free and clear before “It feels good to be promoting our new Registration Form 18 falling for an Internet scam. Yaruss was struck President’s agenda.” by how “disenfranchised” foreclosure clients Upcoming Career Denise Quarles Development & seem. “I can see how a lack of financial educa- Networking Events tion and available mortgage options, and the Denise Quarles has represented and CLE Courses back page inability to afford an attorney, makes clients healthcare professionals in feel so helpless and frustrated,” he said. disciplinary, licensing, employ- City Bar Leaders ment and malpractice matters in Government back page Joseph Parenteau for eight years. She became interested in the Joseph Parenteau was recruited foreclosure project when one of her healthcare to the foreclosure project by clients came to her with a real estate case and Michael Campbell of the she felt powerless to help. While her pro bono Federal Reserve Bank of New clients can require as much attention as her York, one of the project’s co-sponsors. With a paying clients, she said it’s worth it to know 44th Street Notes background in both finance and construction you’re “making a difference.” Editor law, Parenteau brings a unique perspective Eric Friedman and skill set to foreclosure cases, including one Michael Campbell, Associate Editor Federal Reserve Bank Christina Bruno in which a contractor hired to repair a home of New York Graphic Design allegedly went too far and tore it down to Curio Design LLC the foundation. “There’s a certain amount of The Justice Center is especially Marketing Director guilt and penance involved in the work,” said pleased to have Mike Campbell Adele Lemlek handling a case, because he was instrumental in Advertising Parenteau. “Any finance lawyer should be Alison Fidler 212.382.6753 doing something. It’s really time to step up.” the implementation of the Lawyers Foreclosure Daniel Seid 212.382.4742 Intervention Network as a representative of the Executive Director Melissa Weinberg Federal Reserve Bank of New York, a co-spon- Barbara Berger Opotowsky Melissa Weinberg came to the sor of the program. Campbell expressed how 44th Street Notes (ISSN 10791019) is published monthly except July and August foreclosure project with 13 years meaningful it has been for him to see these for $25 per year by The Association of the of litigation experience and cases and the people involved in them up close, Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6604. Periodicals is currently defending a young and said, “The clients light up when you call.” postage paid at New York, NY. Postmaster: Send address changes to 44th Street Notes, woman who was the victim of a predatory 42 West 44th Street, New York, NY lending scheme. “While all these cases garner 10036-6604. For subscription information, please call 212.382.6656. sympathy, you know that without the volunteers these people would not be getting the necessary “I’m proud to tell my other clients This publication is printed with soy-based environmentally friendly inks on legal representation,” said Weinberg. She finds that we are volunteering to help 50# paperfect, which is produced from that her clients are “grateful someone’s actually renewable resources, such as eucalyptus save homes, and they are happy to leaves, that have little or no negative listening.” She also noted, “I’m proud to tell my impact on forests, and is approved by other clients that we are volunteering to help hear that we are doing something The Forest Stewardship Council and the save homes, and they are happy to hear that we Rainforest Alliance are doing something to address this issue.” NYC Bar Members: to address this issue.” To change your address, please contact 212.382.6665 or [email protected]. — Melissa Weinberg www.nycbar.org

photo: Karen Shernit On February 23rd, the City Bar Justice Center held an immigration clinic for clients of Victor Espinal, who was arrested in January for allegedly practicing law without a license. Fifty-four volunteer attorneys and 11 translators, paralegals and coordinators helped approximately 125 clients determine next steps in their cases, as The New York Times and Spanish-language media covered the event.

www.nycbar.org april 2009 | 44th Street notes | 3 CITY BAR EVENTS

Unless otherwise noted, pro- Understand Your Fiduciary Moderator: Cynthia B. Rubin, grams are free of charge; open Responsibilities as a Retirement Flemming Zulack to all members, their guests and Williamson Zauderer, LLP the general public; and held at Plan Sponsor Speakers: the House of the Association. A program for members who offer Hon. Jacqueline Silbermann, Program information is subject retirement plans to their employees Blank Rome LLP; Susan Bender, to change. Please check our Bender Burrows & Rosenthal, LLP 1 Wednesday, 6 PM – 8 PM website at www.nycbar.org for Registration is necessary for this event. The fee, the latest program information. If you offer your employees a defined which includes breakfast, is $15 for members, contribution plan (profit sharing and/or $25 for non-members. Please register online at 401(k) plan), you have responsibilities www.nycbar.org under ERISA. Join us for a discussion Putting ADR on Your RADAR about naming a plan fiduciary, duties as International Pro Bono 1 Wednesday, 9 AM – 10:30 AM an ERISA fiduciary, liabilities for breaches of fiduciary duty, minimizing exposure Opportunities While most ADR organizations require to liability, prohibited transactions, 2 Thursday, 5:30 PM – 7 PM 10 years of law practice before joining their reporting and disclosure obligations, and ranks as an arbitrator or mediator, there customized solutions. The effects of the The program will consist of a panel discus- are steps attorneys can take to prepare for Pension Protection Act of 2006 and new sion about models for pro bono work in other a career in ADR. A panel of arbitrators, trends in the retirement plan marketplace countries, in cross-border work and on a mediators and the attorneys who select will also be discussed. variety of international issues. Panelists will them will lead a discussion on honing Speakers: explain the missions of the organizations the skills that every good arbitrator and Jason Katz, Senior Vice President, with which they are affiliated and provide mediator must possess, providing valuable Investments, UBS Financial Services Inc.; illustrations of the ways in which volunteer tips for developing a successful ADR Kenji Yoshikawa, Financial Advisor, lawyers have served. practice and strategies that women and UBS Financial Services Inc.; Alvin H. Rapp, Moderator: attorneys of color can use to navigate their Founding Partner, RPG Consultants Madeleine Schachter, Baker & careers in this male-dominated profession. McKenzie LLP RSVP to Kenji Yoshikawa at 888.600.3881 Moderator: or [email protected] Speakers: Natalie Holder-Winfield, QUEST Lori Adams, Human Rights First; Jean Diversity Initiatives, LLC Berman, International Senior Lawyers’ Esther Lardent, Speakers: Litigating in the Matrimonial Project; Pro Bono Institute; Hon. Milton Mollen, Counsel, Herrick, Chris Marshall, Advocacy for International Feinstein, Co-Founder, New York JAMS Parts of the Supreme Court Development; Scott Rechler, Ashoka; Office;Ruth Raisfeld, Ruth D. Raisfeld, Edwin Rekosh, Public Interest Law PC, Former Of Counsel, Orrick Herrington 2 Thursday, 8 AM – 9 AM Institute; Lindsay Toczylowski, Asylum Joan Vermeulen, & Sutcliffe, LLP;Stacey M. Gray, The A panel discussion among experts from Access; Cyrus R. Rebecca Vance Center for International Justice; Law Offices of Stacey M. Gray; the Bench and Bar who sit and practice Houlding, Of Counsel, Law Office of Paul Williams, Public International Law in the Matrimonial Parts of the Supreme Joshua Friedman & Policy Group Court about the procedures and how best Co-sponsored by New York State Bar to navigate your way when practicing in There is no fee to attend this program. Please Association, Labor and Employment Section register by contacting Madeleine Schachter (email those Parts. [email protected]) with your Registration is necessary. The fee is $15 for name, affiliation, address, and email address. members, $25 for non-members. Please register online at www.nycbar.org

4 | 44th Street notes | april 2009 www.nycbar.org Sushi Making Speaker: Tureaud, Sr. who, often working with Jeff Googel, Agent, William Morris nationally known attorneys such as Young Lawyers Connect — Agency; Diana Hird, Founder, Hird Thurgood Marshall, handled many First Thursdays Series Associates, Playwright, A Real Live desegregation and other civil-rights cases Cuban & Handout; Jessica Silverstein, 2 Thursday, 6:30 PM – 8:30 PM Legal Recruitment Specialist filed in Louisiana from the 1940s through the 1960s. The program will include a For the price of dinner out, learn how Please RSVP to Jodi Savage at discussion with A.P. Tureaud, Jr., who to prepare maki (sushi rolls), find fresh [email protected] in 1953 sued to become the first black ingredients and more, all while meeting undergraduate to attend a southern other young professionals. This event state university. includes a sushi dinner (prepared by you), Want to be a Partner? How Please register online at www.nycbar.org. drinks and all you need to know for to Write an Effective Business your next dinner party. We will not be Space is limited. able to offer refunds. Please sign up only Development Plan to Get on if you are sure you want to enhance your the Right Path culinary skills. Lost & Found: A Practical Look 15 Wednesday, 8:30 AM Featuring: Sushi by Simon at Orphan Works Legislation The ability to generate and sustain 16 Thursday, 6 PM – 8 PM The fee is $45 for members, $65 for non-members. significant levels of business is a critical Please register online at www.nycbar.org or call skill. Whether you are a partner, trying A public discussion on legislation pending 212.382.4723. to become elevated to partner or are in the United States Congress regarding contemplating a lateral move as a partner, use of “orphan works.” What standards will business development plans are now a apply to the search for copyright owners of City Bar Justice Center regular practice at most law firms and such works? How will infringement claims Annual Gala are carefully reviewed by firm leadership. be handled? What is the role of registries Writing such plans requires strategy, 7 Tuesday, 6 PM Cocktails; with respect to such works? Distinguished creative thinking, self-knowledge and 7:30 PM Dinner speakers representing authors, artists, confidence. Come hear what experts have nonprofit and commercial organizations The City Bar Justice Center’s Annual Gala to say about how to approach business/ will be in attendance. will honor Sullivan & Cromwell LLP and practice development plans in a way that Speaker: Goldman Sachs & Co. for their leadership accurately captures the value you add Maria Pallante, Associate Register for and dedication to public service. and positions you as a rainmaker. Policy and International Affairs, U.S. For more information and to reserve tickets, please Moderator: Copyright Office contact our Gala Office at 212.249.6188 or Diane M. Costigan, Executive Coach In conjunction with Columbia Law School’s [email protected] & Consultant, Firm Leader Inc. Kernochan Center of Law, Media & the Arts Speakers: Please register online at www.nycbar.org Elena Kaspi, Founder and President, Non-Traditional Careers for LawScope Coaching; Tim Leishman, Managing Director, Firm Leader Inc.; Attorneys: A Program for Sharon Mahn, Managing Director, Getting Appointed to a Criminal Law Students and Recent Major Lindsey & Africa Justice Act Panel for the Southern Law School Graduates Registration is necessary. The fee is $15 for and Eastern Districts of New York members, $25 for non-members. Please register 14 Tuesday, 6:30 PM – 8 PM online at www.nycbar.org 16 Thursday, 6 PM – 8 PM Have you discovered that you don’t want to Pursuant to the Criminal Justice Act practice law? Are you still trying to figure (“CJA”), the Southern and Eastern Districts out what you want to be when you grow Documentary: The Journey of New York have established panels of up? Would you like to merge your love of for Justice: The A.P. Tureaud federally financed attorneys appointed the law with other passions? If so, come to represent indigent defendants during hear our panel of attorneys who have Story; and a discussion with A.P. Tureaud, Jr. federal criminal proceedings. This program followed their dreams and are living life will include current CJA panelists who will to the fullest. 15 Wednesday, 6:30 PM discuss the application process and the Southern District’s newly established The life and career of the late New Orleans civil-rights attorney, Alexander Pierre

www.nycbar.org april 2009 | 44th Street notes | 5 mentorship program, which is intended to managers and others who are concerned Stephen McCall, Therapeutic Adoptive/ improve the diversity of its CJA panel. about these issues. Foster Parent, Independent Consultant and Trainer; Reinier Prijten, Adoptive Father; Moderator: Moderator: Joan Siegel, Citizen’s Committee for Edgardo Ramos, Day Pitney LLP, former Edna Sussman, SussmanADR LLC Children Assistant United States Attorney for the Eastern District of New York Speakers: Bill Blackburn, William Blackburn Speakers: Consulting, Ltd.; Jennifer Hogan, Arnold Small Law Firm Breakfast Anthony Ricco, Member, Board of & Porter LLP; Susan LoPiccolo, Pfizer Directors of the Federal Defenders of the Global Engineering; Frank Napoli, Con Effective Stress Management for Solos Eastern and Southern Districts of New Edison Solutions; Dan Peters, IBM Global and Small Firms in Today’s Economy – York, President, New York Criminal Bar Energy Conservation Process Integration; Why Don’t You Spend More Time Association; Erika McDaniel Edwards, John Rousakis, O’Melveny & Myers LLP; Doing What You Love? Donaldson, Chilliest & McDaniel LLP; Bruce Thorpe, WSP Environment & Gary S. Villanueva, Member, Criminal Energy LLC 21 Tuesday, 8:30 AM – 10 AM Justice Act Panel for the Eastern District of New York Co-sponsored by U.S. Green Building Some small firm lawyers work in one area Please register online at www.nycbar.org Council, NYC Chapter while secretly longing to be in another; To register, please contact Judith Wallace at they act as if their “real life” will begin [email protected]. tomorrow. Such attorneys may work Friday Evening Chamber Music extremely hard yet not really care about their ostensible goal: growing their firm, 17 Friday, 6 PM Adopting Close to Home: Come becoming well known in their field or Elizabeth Coleman, Sharon Cucinotta Learn About Children in New earning a substantial income. Others, who may have already achieved much, and Richard Essebag will play music York City Who Need Families for guitar and soprano by Fernando Sor, now wonder, “What next?” If you feel John Dowland, Benjamin Britten, Hector 20 Monday, 6 PM – 8 PM somehow adrift professionally, or seek Villa-Lobos and others. Sopranos Christine (check-in at 5:30 PM) to re-set your course to make life more Andreoli, Sheryl Ann Liston and Nina meaningful, this is the talk for you. Come if you have ever thought about Marie Sciarrotta, mezzo-soprano Carolyn Speaker: adopting or simply want more information Wade, tenor Salvatore Diana and pianist Elizabeth Tillinghast, MD, JD on the process. Learn from the experts Doug Martin will perform arias and duets about the nuts and bolts of the adoption Registration by April 14 is necessary. The fee, which by Puccini, Verdi, et al. process in New York City and hear from includes breakfast, is $15 for members, $25 for non-members. Attendance is limited to 30 people. Suggested donation is $10 at the door. individuals who have changed lives by Please register online at www.nycbar.org For more information, please e-mail adopting children. Most importantly, [email protected] meet our children who are waiting for you to enter their lives. Balancing Zeal, Success and Greening Your Office: Saving Opening Remarks: Fredda Monn, Chair, Children and the Law Ethics in a Law Firm Setting Money While Saving the Planet Committee; Associate General Counsel and Director of the Accountability Review Panel, Professional Development Workshop 20 Monday, 8:30 AM – 11:30 AM NYC Administration for Children’s Services Series — The Essentials (8:30 AM – 9 AM continental Presenter: 21 Tuesday, 8:30 AM – 10:15 AM breakfast) Joan Traub, Adoptions Attorney Law firm practice creates fertile soil for Increased environmental consciousness Moderator: ethical missteps. As attorneys progress into Alexandra Lowe, former Special Counsel, and a heightened attention to the bottom more senior roles, they often face new line are driving a new green movement NYC Administration for Children’s Services, Division of Family Permanency Services ethical challenges, including the everyday among law firms and other businesses. pressures of pleasing clients and partners, Speakers: Our panelists will discuss ways in which building a record of success and coping businesses are assessing and reducing Sarah Gerstenzang, Executive Director, Citizens Coalition for Children; Jaron with demanding clients. This program energy and resource consumption in their Ben-Shalom, Director of Adoptions, NYC explores the kinds of law firm practice offices and saving money in the process. Administration for Children’s Services; situations that are most likely to contain The program will be targeted to lawyers, Marion Shelton, former Judge of the ethical pitfalls for midlevel to senior business professionals, office and facilities Family Court, Bronx County; associates, and provides useful tools to

6 | 44th Street notes | april 2009 www.nycbar.org help lawyers recognize problems and deal Spring 2009 Smart Marketing Registration is necessary. The fee, which includes with them ethically and effectively when Program Series lunch, is $25 for members, $35 for non-members. they occur. Participants will learn to Please register online at www.nycbar.org exercise proper professional conduct when Smart Marketing in a Down Economy: managing others, communicate with Maximizing Networking Opportunities clients and act professionally in difficult 23 Thursday, 8:30 AM – 10 AM Talent Night on the situations and identify and resolve ethical City Bar Stage challenges effectively and in accordance Practical networking techniques to create with legal professional obligations. stronger relationships with referral sources, 23 Thursday, 6:30 PM – 9:30 PM focus prospecting on the best targets and Speaker: make the most of your pre- and post- Here is the opportunity to present your Jack Marshall, JD, President and founder, writing and presentational skills to the ProEthics, LTD networking activities. The next programs are on May 7 and May 21. producers of the City Bar’s legendary 12th 2.0 transitional/non-transitional ethics NY CLE Night Shows. Singers, dancers, musicians, Speakers: credits provided. Fee and registration information magicians, sketch comedians, humorists are available at www.nycbar.org Carol Schiro Greenwald, Consultant, Marketing Partners; Walter Timoshenko, and writers should contact Entertainment Chief Marketing Officer, Weiser LLP Committee Chair Peter Dizozza at [email protected], 917.915.7635 and Registration is necessary. Please register online at schedule your performance slot. Life After the Firm: Leaving the www.nycbar.org Practice but not the Passion 21 Tuesday, 6:30 PM – 8 PM City Bar Contemplative Small Law Firm Luncheon If thinking about what to do after retiring Lawyers Group from your current job wasn’t challenging Family Mediation—Amplify Your 23 Thursday, 7 PM enough, these economic times make the Practice While Helping Clients Save thought of leaving even more frightening. Money During an Economic Crisis Please join us at our monthly meeting. This program will give you a dozen or more This month’s topic will be “Inner Lawyer- 23 Thursday, 12:30 PM – 2 PM tips to think about as you contemplate: ing: Practical Tools for the Contemplative what next? It promises to be a lively, Learn how solos and small firm practition- Lawyer.” The meeting will include guided interactive session with a panel of lawyers ers can complement their practice by acting mindfulness meditation practice and a who have successfully managed their as counsel to clients during a Family talk by Robert Chender, who is a certified transition and will be moderated by a Mediation process. Topics will include a mindfulness meditation teacher and renowned author and lecturer on the topic. brief overview of the mediation process, attorney. There will be time for questions Moderator: latest developments in mediation, hot tips and discussion after the talk. No medita- Jeri Sedlar, Senior Advisor, Mature for lawyers whose clients are involved in tion experience is necessary – everyone Workforce, Conference Board; Author, Don’t mediation and information on where and is invited. Retire, REWIRE!: 5 Steps to Fulfilling Work how to find qualified mediators. Please register online at www.nycbar.org that Fuels Your Passion Moderator: Speakers: Mark A. Josephson, CPA, CFP, CFE, Henri Gueron, Retired counsel, Con Murray & Josephson, CPAs, LLC The Future, the Present and the Edison; Richard T. McDermott, Retired Speakers: partner, Clifford Chance US; Anne Beane Origins of the Reasonable Doubt Eli Uncyk, Uncyk, Borenkind & Nadler, Rudman, Retired Chief of the Asset LLP; Chris Sorenson, JD, LCSW, Attorney/ Rule and the Right to a Jury Trial Forfeiture Unit, New York County District Mediator, Immediate Past President, Family Attorney’s Office; Warren Sinsheimer, 28 Tuesday, 7 PM – 9 PM and Divorce Mediation Council of Greater Retired partner, Patterson Belknap Webb New York; Alla Roytberg, Law Offices & Tyler LLP No one may be convicted by an American and Mediation Center of Alla Roytberg; court unless shown guilty “beyond a The fee is $15 for members, $25 for non-members. Attorney/Mediator, Co-President, Family reasonable doubt.” This rule originated Please register online at www.nycbar.org and Divorce Mediation Council of Greater New York; Glenn E. Dornfeld, Attorney/ centuries ago, not to protect criminal Mediator, Past President, Family and defendants from erroneous convictions, Divorce Mediation Council of Greater but to protect the souls of jurors. How New York; Past President, NYS Council have this rule and the role of juries evolved? on Divorce Mediation What purpose do they serve today? What Sponsored by Lexis/Nexis is their future?

www.nycbar.org april 2009 | 44th Street notes | 7 Moderator: restrictive “schedules.” Substances in economic times and will focus on real life Albert Feuer, Law Offices of Albert Feuer Schedule I (e.g. marijuana and Ecstasy) experiences and practical suggestions on Speakers: may never be used, even under medical how to manage your career, deal with Hon. George Bundy Smith, Retired supervision. Substances in the lower senior colleagues and clients and survive Associate Judge, New York Court of Appeals; schedules (such as painkillers, stimulants real work situations. Panelists will be Chadbourne & Parke, LLP; Tracey L. and tranquilizers) are available by prescrip- practicing women attorneys from diverse Meares, James Professor, Yale Law School; tion. The DOJ also licenses physicians to backgrounds and levels of authority. Q. Whitman, Professor, Yale Law School, prescribe psychoactive substances and can Author of The Origins of Reasonable Doubt– Co-sponsored by the National Association of Theological Roots of the Criminal Trial act against physicians for prescribing them Women Lawyers and the North American outside the legitimate practice of medicine, South Asian Bar Association. Please register online at www.nycbar.org often regarding pain management. Registration is necessary. The fee is $10 for students, Alongside these federal powers exists the $15 for members, $25 for non-members. Please traditional regulation of medicine by state register online at www.nycbar.org Women in IP Breakfast Series— medical boards and offices of professional Recent Developments in conduct. Join a discussion of the CSA and Patent Law its relationship to science, medical practice and the Commerce Clause. Books at the Bar 29 Wednesday, 8:30 AM – 9:30 AM Speakers: Branch Rickey—Baseball’s Ferocious This is the second breakfast of a four-part Marcus Reidenberg, MD, FACP, Professor Gentleman by Lee Lowenfish series on Women in Intellectual Property. of Pharmacology, Medicine, and Public 30 THURSDAY, 6:30 PM This program will feature leading law-firm Health, Head, Division of Clinical 6 PM - Wine & Cheese Reception and in-house patent law practitioners who Pharmacology, Weill Cornell Medical College; Joseph Spillane, PhD, Associate will discuss their experiences as attorneys Attorney Branch Rickey made the Brook- Professor and Chair of the Department involved in patent litigation, prosecution of History, University of Florida; Buford lyn Dodgers “America’s team.” By signing and counseling, with a focus on the impact Terrell, JD, LLM, Professor of Law (ret.), Jackie Robinson, he single-handedly thrust of recent significant decisions on patent South Texas College of Law baseball into the forefront of the civil rights movement. Lowenfish evokes the peculiarly lawyers and their clients. Other breakfasts Please register online at www.nycbar.org will be held on May 28 and June 25. American complex of God, family and Moderator: baseball that informed Rickey’s actions and Caren Khoo, Assistant General Counsel, his accomplishments. His book offers an IP Litigation, Verizon From Backpack to Brief Case: intriguing, richly detailed portrait of a man Speakers: A Transitional Program for whose life is itself a crucial chapter in the Leora Ben-Ami, Kaye Scholer LLP; Law Students history of American business, sport and Leslie Morioka, White & Case LLP society. The fee, which includes breakfast, is $15 for 30 Thursday, 8:30 AM – 11:30 AM Speaker: Lee Lowenfish, Author, Branch Rickey – members, $25 for non-members. Please register From Backpack to Briefcase is a transition Baseball’s Ferocious Gentleman online at www.nycbar.org program for law students moving from the classroom to the workplace. The program Please register online at www.nycbar.org is especially important in these turbulent Pleasure, Pain, Physicians and Police The Law of Controlled Substances and the Practice of Medicine 29 Wednesday, 6:30 PM Library News – McKinney’s Forms Added The U.S. is approaching 100 years of Remote access for solo practitioners and small law firm members to the Westlaw federal drug control, but the legal theory Forms database has been upgraded to include McKinney’s Forms for New York. of drug control remains obscure. Under This popular database also includes American Jurisprudence Legal Forms, New the Controlled Substances Act (CSA), York Legal and Business Forms, Nichols Cyclopedia of Legal Forms, National the Department of Justice determines the Transactional Forms and West’s Legal and Business Forms. medical utility, safety and abuse potential of psychoactive substances and classifies them in one of five progressively less

8 | 44th Street notes | april 2009 www.nycbar.org april 2009 Registration Form

Putting ADR on Your RADAR small Law Firm Breakfast Women in IP Breakfast Series — 1 Wednesday 21 Tuesday Recent Developments in Patent Law The fee is $15 for members, $25 for non-members The fee, which includes breakfast, 29 Wednesday is $15 for members, $25 for non-members The fee, which includes breakfast, Litigating in the Matrimonial Parts is $15 for members, $25 for non-members of the Supreme Court Life After the Firm: Leaving 2 Thursday the Practice but not the Passion From Backpack to Brief Case: A Transitional The fee, which includes breakfast, 21 Tuesday Program for Law Students is $15 for members, $25 for non-members The fee is $15 for members, $25 for non-members 30 Thursday The fee is $10 for students, $15 for members, Want to be a Partner? How to Write an small Firm Luncheon $25 for non-members effective Business Development Plan 23 Thursday to Get on the Right Path The fee, which includes lunch, 15 Wednesday is $25 for members, $35 for non-members The fee is $15 for members, $25 for non-members

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www.nycbar.org april 2009 | 44th Street notes | 9 CITY BAR EVENTS APRIL 2009 sunday monday tuesday wednesday thursday friday saturday 1 2 3 4 9 AM – 10:30 am 8 AM – 9 AM Putting ADR on Litigating in the Your RADAR Matrimonial Parts 6 PM – 8 PM of the Supreme Court Understand Your 5:30 PM – 7 PM Fiduciary International Pro Responsibilities Bono Opportunties as a Retirement 6:30 Pm – 8:30 pm Plan Sponsor First Thursdays Series–Sushi Making 5 6 7 8 9 10 11 6 PM cocktails; 7:30 PM dinner City Bar Justice Center Annual Gala

12 13 14 15 16 17 18 6:30 pm – 8 pm 8:30 am 6 pm – 8 Pm 6 pm Non-Traditional Want to be a Partner? Lost & Found: Friday Evening Careers for Attorneys: How to Write an A Practical Look Chamber Music A Program for Effective Business at Orphan Works Law Students and Development Legislation Recent Law Plan to Get on the 6 pm – 8 Pm School Graduates Right Path Getting Appointed 6:30 pm to a Criminal Justice Documentary: Act Panel for the The Journey for Southern and Eastern Justice: The A.P. Districts of NY Tureaud Story 19 20 21 22 23 24 25 8:30 am – 11:30 am 8:30 am – 10 am 8:30 am – 10 am Greening Your Small Law Firm Smart Marketing Office: Saving Money Breakfast: Effective Program Series While Saving the Stress Management 12:30 pm – 2 pm Planet 8:30 am – 10:15 am Small Law Firm 6 PM – 8 PM Professional Luncheon: Family Adopting Close Development: Mediation to Home Managing Zeal, 6:30 pm – 9:30 pm Success and Talent Night on the Ethics in a Law City Bar Stage Firm Setting 7 pm 6:30 PM – 8 PM City Bar Contempla- Life After the Firm tive Lawyers Group 26 27 28 29 30 7 pm – 9 pm 8:30 Am – 9:30 AM 8:30 Am – 11:30 AM The Future, the Women in IP From Backpack to Present and the Breakfast Series Brief Case Origins of the 6:30 pm 6:30 pm (6 PM – wine Reasonable Doubt Pleasure, Pain, & cheese reception) Rule and the Right Physicians and Police Books at the Bar: to a Jury Trial Branch Rickey– Baseball’s Ferocious Gentleman

10 | 44th Street notes | april 2009 www.nycbar.org CLE COURSES APRIL 2009 sunday monday tuesday wednesday thursday friday saturday 1 2 3 4 6 pM – 9 PM 6 pM – 9 PM 8:45 aM – 1 PM Hot Topics Affecting Summary Jury Trials: Current Issues in Cooperatives & Procedure, Practice Insurance Condominiums 2009 & Pitfalls Regulations 2009 3.0 credits* 3.0 credits* Credit: TBD

5 6 7 8 9 10 11

12 13 14 15 16 17 18 9 aM – 11 aM 6 pM – 9 pM 9 aM – 10:30 aM 9 AM – 4 PM Out With the Code, Cross Pollination: Seeking Approval: Gain the Edge! in With the Rules What the Matrimo- Board Governance in Negotiation Strategies 2.0 credits* nial Lawyer Needs to Coops & Condos for Lawyers & Know About Trusts Business Professionals 6 pm – 8 pm 1.5 credits* & Estates & What 6.5 credits* Document Retention the Trusts & Estates 2.0 credits* Lawyer Needs to Know About Matrimonial Law 3.0 credits*

19 20 21 22 23 24 25 6 pm – 9 pm 6 pm – 9 pm 9 am – 1 pm Hot Topics & Recent Financial Reporting: Hedge Funds in the Developments in Hot Topics & Trends Current Environment Foreclosure 3.0 credits* 4.5 credits* 3.0 credits*

wed: 5 pm – 7 pm; thu: 9 am – 5:30 pm; fri: 8:30 am – 5:30 pm Sixth Annual Institute on Tax Aspects of Mergers & Acquisitions 17.5 credits*

26 27 28 29 30 6 pm – 9 pm Planning for 6 pm – 9 pm 6 pm – 9 pm Tele-Futuring: Same-Sex & Privilege Issues in Legal Ethics in Telecommunications Unmarried Couples: Troubled Times: Popular Culture Law & Policy in 9 am – 12 pm Perspectives from 3.0 credits* 2009 & Beyond Estate Planning, NY In-House & Outside 3.0 credits* Executive Order & Litigation Counsel Other Updates 3.0 credits* 3.0 credits* 1 pm – 4 pm Probate, Property & Family Law 3.0 credits*

*The program provides transitional credit for newly admitted attorneys www.nycbar.org april 2009 | 44th Street notes | 11 CLE COURSES

ADR/ARBITRATION/ liability. The registration process, require- and What the Trusts & Estates MEDIATION/NEGOTIATION ments applicable to registered advisers Lawyer Needs to Know about and operating issues involving hedge funds Gain the Edge! Negotiation will be examined. Finally, top practitioners Matrimonial Law Strategies for Lawyers & and regulators will discuss their views on 15 Wednesday, 6 PM – 9 PM hedge fund issues. Business Professionals A premiere faculty of matrimonial and Although this program is intended for trusts and estates attorneys will examine 17 Friday, 9 AM – 4 PM professionals in the hedge fund industry the crossover of issues both practice areas You negotiate every day. In fact, your as well as experienced lawyers who practice encounter. Whether you practice in ability to negotiate effectively may be the in hedge funds, lawyers who are interested matrimonial law or T&E, this program in developing hedge funds expertise will most critical skill you possess. Yet most is a must for you. Specifically, the program also benefit. negotiate instinctively or intuitively. This will cover tax issues, the role of third seminar will help you approach negotia- Program Chair: parties and disclosure issues. tions with a strategic mindset. And make Nora M. Jordan, Davis Polk & Wardwell Program Chair: no mistake—no matter how much you’ve Faculty: Michael D. Stutman, Mayerson Stutman negotiated, you can still learn. Adding Thomas A. Biolsi, Associate Regional Abramowitz Royer LLP that one new tactic may be the difference Director, Northeast Regional Office, Faculty: between winning and walking away U.S. Securities & Exchange Commission; Howard F. Sharfstein, Schulte Roth & Norman B. Champ III, Executive Vice empty-handed. Learn from one of the Zabel LLP; Hon. Jeffrey S. Sunshine, President & General Counsel, Chilton Supervising Court Judge, Acting JSC, nation’s leading experts and instructors Karl A. Investment Company LLC; Kings County Supreme Court, Civil Term on negotiating techniques and become D’Cunha, Senior Managing Director, a more effective lawyer. Houlihan Smith & Company, Inc.; N. Adele Credit: 3.0 PP* Hogan, White & Case LLP; Michael (This program may provide CPE credit.) Co-sponsored by ALI-ABA Huber, Vice President & Assistant General Program Instructor: Counsel, Goldman Sachs & Co.; Stuart J. Martin Latz, National Negotiation Kaswell, Executive Vice President & ethics Expert & Author of Gain the Edge! General Counsel, Managed Funds Associa- Negotiating to Get What You Want tion; Leor S. Landa, Davis Polk & Out With the Code, in With Wardwell; Denise Landers, Senior Special (St. Martin’s Press, 2004) Counsel, Division of Trading Markets, U.S. the Rules: What’s New Credit: 6.5 total: 5.5 skills & 1.0 ethics* Securities & Exchange Commission; About the New Ethics Rules Thomas Allen McKinney, Managing Director, FrontPoint Partners LLC; Robert & What’s Not E. Plaze, corporate & securities Associate Director for Regulation, 14 Tuesday, 9 AM – 11 AM Division of Investment Management, U.S. Hedge Funds in the Current Securities & Exchange Commission, Paul A diversified panel of ethics experts Saltzman, Managing Director & General will discuss the significant changes in Environment Counsel, Ellington Management Group LLC New York’s new ethics rules. By using 22 Wednesday, 9 AM – 1 PM Credit: 4.5 total: 4.0 PP & 0.5 ethics* hypotheticals, the panel will explore issues that lawyers and law firms routinely It has been a time of unprecedented change confront everyday in their practice. for hedge funds. This course will provide estate planning Program Chair: an overview of the rules related to operat- Professor Richard M. Maltz, Frankfurt, ing a hedge fund. Faculty will discuss Cross Pollination: What the Kurnit, Klein & Selz, PC how to avoid problems in the enforcement environment and provide best practices for Matrimonial Lawyer Needs to protecting hedge fund advisers from Know About Trusts & Estates

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

12 | 44th Street notes | april 2009 www.nycbar.org Faculty: This program will explore strategies to Co-sponsored by the Lesbian, Gay, Anthony E. Davis, Hinshaw & Culbertson optimize estate and tax planning for Bisexual & Transgender Law Association LLP; Michael H. Stone, Senior Fellow, couples—both same-sex couples and of Greater New York (LeGaL) The Samuel and Ronnie Heyman Center on unmarried heterosexual couples—whose Program Co-Chairs: Corporate Governance, Adjunct Professor relationships lack full legal recognition. of Law, Benjamin N. Cardozo School of Carmelyn P. Malalis, Outten & Golden Also discussed will be recent developments Law; Carol L. Ziegler, Adjunct Professor LLP; Ron L. Meyers, Cane, Boniface & of Law, Columbia Law School in the law on the recognition of same-sex Meyers, PC relationships, with particular attention Credit: 2.0 ethics* Program Faculty: to Governor Paterson’s executive order Erica Bell, Weiss Buell & Bell; Allen A. and its implementation. Drexel, Hogan & Hartson LLP; William P. Lapiana, Rita & Joseph Solomon Professor Legal Ethics in Popular Culture Co-sponsored by the Lesbian, Gay, Bisexual & Transgender Law Association of Wills, Trusts, and Estates, Director, Estate Planning, Graduate Tax Program, New York 30 Thursday, 6 PM – 9 PM of Greater New York (LeGaL) Law School; Hon. Renee R. Roth, Former American popular culture—movies, books, Program Co-Chairs: Surrogate, New York County; Judith E. television, theater—loves lawyers, whom Carmelyn P. Malalis, Outten & Golden Turkel, Turkel Forman & de la Vega LLP LLP; Ron L. Meyers, Cane, Boniface & it often presents as true heroes. But it also Special Offer: Meyers, PC hates lawyers, whom it sometimes presents If you attend both programs, the afternoon as scoundrels. Usually it does both in the Program Faculty: program, Probate, Property & Family Law, same story. But love or hate, the popular Kermitt J. Brooks, First Deputy Superin- will cost only $172 for members and $260 culture often succeeds in portraying tendent of Insurance, NYS Department of for nonmembers. Insurance; Paul A. Ferrara, Alston & Bird difficult legal ethics and professional issues Credit: LLP; David C. Jacobson, Director, UBS 3.0 total: 2.5 PP and 0.5 ethics* that can inspire discussion far better than Private Wealth Management; Arthur S. typically dry classroom hypotheticals. Leonard, Professor, New York Law School Make no mistake: This is not Perry Mason. insurance “L.A. Law” and “The Practice” have buried Special Offer: him forever. Au revoir, Perry. Today, the If you attend both programs, the afternoon program, Planning for Same-Sex & Unmar- Current Issues in Insurance popular culture has figured out how to ried Couples: Probate, Property & Family Law, Regulation 2009 dramatize the gap between what may will cost only $172 for members and $260 (or may not) be professionally right and for nonmembers. 3 Friday, 8:45 AM – 1 PM what is (or is not) morally right and does The 19th annual program on Insurance so with subtlety and nuance. This CLE Credit: 3.0 PP* Regulation features regional and national course will use clips from television and leaders exploring topical issues of impor- film to highlight current legal ethics issues tance to the insurance industry, with and then follow each one with discussion Planning for Same-Sex & opportunities for questions and interaction. of the issue and its resolution under the Unmarried Couples: Probate, This year some of the topics to be explored new rules. Property & Family Law include: suitability regulation for life Faculty: insurance and annuity sales and securities Professor Stephen Gillers, Emily Kempin 28 Tuesday, 1 PM – 4 PM regulation for indexed annuities, perspec- Professor of Law, New York University tives on insurance regulation from the School of Law This program will explore special concerns in legal planning for couples—both viewpoints of State legislators and regula- Credit: 3.0 ethics* same-sex couples and unmarried hetero- tors and a Washington lawyer, and the sexual couples—whose relationships always-stimulating Commissioners’ lack full legal recognition and best Roundtable featuring commentary by the family practices for anticipating further changes Insurance Commissioners of Connecticut, in the law. Issues addressed will include District of Columbia, Illinois, New Jersey Planning for Same-Sex & probate proceedings, the drafting of and New York. Unmarried Couples: Estate wills and trusts, matters of family law (such Co-sponsored by ABA/TIPS Insurance Planning, the New York as adoption and assisted reproduction) and Regulation Committee & the Insurance their interaction with estate matters, Federation of New York, Inc. (IFNY) Executive Order & Other planning for break-ups and divorce and This program will not be taped. You only Updates in the Law ethics in the representation have the chance to see it live. of same-sex couples. 28 Tuesday, 9 AM – 12 PM

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice www.nycbar.org april 2009 | 44th Street notes | 13 Program Co-Chairs: Faculty: pattern covering a variety of contexts, Roger M. Moak, Certified Arbitrator; Clifford S. Robert, Robert & Robert including an internal investigation, criminal Francine L. Semaya, Nelson Levine de PLLC; Jason L. Paris, Paris & Chaikin, and regulatory investigations, and civil Luca & Horst, LLC PLLC; Hon. Martin E. Rithholz, NYS litigation. The expert panel will track a Faculty: Supreme Court Justice, Queens County hypothetical fact pattern to address the Craig A. Berrington, Wiley Rein LLP; Credit: 3.0 total: 2.0 skills & 1.0 PP* relevant legal standards and best practices Leah Campbell, Willkie Farr & Gallagher on a wide range of key privilege issues, LLP; Hon. Eric R. Dinallo, Superintendent including privilege issues involving the role of Insurance, NYS Insurance Department; of in-house counsel, conflicts that may arise Robert H. Easton, Document Retention: Ethical, Deputy Superintendent between parent and subsidiary corporations, and General Counsel, NYS Insurance Legal & Practical Advice for internal investigations, current and former Department; Hon. Steven M. Goldman, Determining the Documents Commissioner, New Jersey Department of employees, waiver of the attorney-client Banking and Insurance; Hon. Thomas E. You Should (and Are Required privilege and work product doctrine, Hampton, Commissioner, Department of to) Preserve disclosure of information to third parties Insurance, Securities and Banking, District such as external auditors and public of Columbia; Mark J. Happe, Acting 14 Tuesday, 6 PM – 8 PM relations firms, and cooperation with the President & Chief Compliance Officer, government and regulators internationally This program will provide practical advice MMC Securities; David M. Jaffe, Regional and in the context of potential civil and ethical guidance for in-house and Chief Counsel, Financial Industry Regula- exposure, as well as other issues. tory Authority (FINRA), Department of outside counsel who confront document Enforcement, District 10; William D. Latza, retention issues in the context of criminal Program Co-Chairs: Stroock & Stroock & Lavan LLP; and regulatory investigations, as well as Andrew P. Plunkett, Assistant General Donna L. LaMagna, Corporate Counsel, civil litigation. The program will discuss Counsel, PriceWaterhouseCoopers LLP; Gregg L. Weiner, Fried Frank Harris Legal Department, Marsh & McLennan the proper design and implementation Shriver & Jacobson LLP Companies Inc.; Alan S. Rachlin, Principal of document retention policies, the legal Attorney, NYS Insurance Department; requirements that arise in the context of Faculty: Hon. Michael T. McRaith, Illinois Director investigations and litigation, and penalties Hon. Denise Cote, United States District of Insurance, Division of Insurance; and other sanctions that have been Judge, Southern District of New York; Michael Moriarty, Deputy Superintendent Barbara S. Gillers, Fried Frank Harris imposed for document retention failures. for Property and Capital Markets, NYS Shriver & Jacobson LLP; Joanna C. Insurance Department; Andrew W. Reich, The program will address the particular Hendon, First Vice President & Assistant Baker Hostetler LLP; Hon. James L. challenges that arise with respect to General Counsel, Merrill Lynch & Co.; Seward, NYS Senator, President of National preservation of electronic documents. Martin L. Perschetz, Schulte Roth & Zabel Conference of Insurance Legislators The panel will include perspectives of the LLP; Walter G. Ricciardi, Paul, Weiss, (NCOIL); Hon. Thomas R. Sullivan, private practitioner, the government official Rifkind, Wharton & Garrison LLP; Commissioner, State of Connecticut and the in-house lawyer. Lawrence J. Zweifach, Gibson, Dunn & Insurance Department Crutcher LLP Program Chair: Credit: To Be Determined Steven R. Peikin, Sullivan & Cromwell LLP Credit: 3.0 total: 1.5 PP & 1.5 ethics* Faculty: Alan J. Brudner, Managing Director, Head litigation of Litigation & Investigations, Americas, Real Estate UBS Investment Bank; William F. Johnson, Summary Jury Trials: Procedure, Chief, Securities Fraud Unit, Office of the Hot Topics Affecting Practice & Pitfalls U.S. Attorney, Southern District of New York; Cooperatives & Condominiums Lewis J. Liman, Cleary Gottlieb Steen & 2 Thursday, 6 PM – 9 PM Hamilton LLP 2009 This program will explore the policy goals Credit: 2.0 total: 1.5 PP & 0.5 ethics* 1 Wednesday, 6 PM – 9 PM and potential benefits and pitfalls of This program will provide practitioners summary jury trials, procedural and with an overview of important issues evidentiary variances with regular trial Privilege Issues in Troubled Times: affecting cooperatives and condominiums, practice, insights from the point of view of Perspectives from In-House & including updates on recent case law and the judge and attorneys for both plaintiffs legislation and a consideration of current and defendants, and brief demonstrations Outside Litigation Counsel issues facing cooperative and condomini- of effective summary jury techniques. 29 Wednesday, 6 PM – 9 PM um boards and owners. Program Chair: A review of the attorney-client and work David Paul Horowitz, Ressler & Ressler product privileges in the corporate context, and Law Office of David Paul Horowitz conducted through a hypothetical fact

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

14 | 44th Street notes | april 2009 www.nycbar.org Annual Enrollment for Oxford Medical Program

Program Chair: The annual open enrollment for the City Bar’s sponsored Oxford Medical Program is now Dale J. Degenshein, Stroock & Stroock underway for an April 1, 2009, effective date. During this time, qualifying members who are & Lavan LLP Sole Proprietors may enroll in the same benefit plans provided to small employer groups Faculty: of 2-50 members and employees. After April 1, 2009, members who are sole proprietors Andrew P. Brucker, Schechter & Brucker will have to wait until April 1, 2010, to enroll. (Members and employees in firms enrolling PC; Kenneth E. Demario, Bureau Chief, two or more individuals are eligible to enroll on the first of any month during the year.) Real Estate Finance Bureau, NYS Depart- ment of Law; Dennis H. Greenstein, Members have a choice of medical plans, including High Deductible Health Plans and plans Marissa J. Piesman, Seyfarth Shaw LLP; providing for in-network coverage only, which can substantially reduce premiums. High Counsel, Real Estate Finance Bureau, NYS Deductible Health Plans, used with health savings accounts, combine premium savings Department of Law; Steven D. Sladkus, with tax benefits and have become increasingly popular among our members. Wolf Haldenstein Adler Freeman & Herz LLP; E. Gail Suchman & Eva Talel, Stroock For enrollment information and details on all of your program options, please contact & Stroock & Lavan LLP Marsh at 888.882.2269 or [email protected]. Credit: 3.0 PP*

Seeking Approval: Board Governance in Coops & Condos

16 Thursday, 9 AM – 10:30 AM This updated seminar is intended for attorneys who represent cooperatives and condominiums and, in particular, those who serve as directors on cooperative and condominium boards. It will address issues concerning board governance, including the role of counsel, conflicts, indemnifica- tion and confidentiality as well as those issues that arise when considering prospec- tive purchasers in both cooperatives and condominiums. Program Chair: Dale J. Degenshein, Stroock & Stroock & Lavan LLP Faculty: Kenneth H. Amorello, Schechter & Brucker, P.C.; Vincent Di Lorenzo, Professor of Law, St. John’s University School of Law; Eva Talel, Stroock & Stroock & Lavan LLP Credit: 1.5 total: 1.0 PP & 0.5 ethics*

Hot Topics & Recent Developments in Foreclosure

20 Monday, 6 PM – 9 PM This program will focus on the roots of the foreclosure crisis in New York City and recent developments in foreclosure prevention, including the new New York State law and the initiatives stemming from the federal bailout. Experienced attorneys will bring you up to date on this

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice www.nycbar.org april 2009 | 44th Street notes | 15 rapidly changing area of law and prepare Sixth Annual Institute on Paul, Weiss, Rifkind, Wharton Amy Sargent, you in counseling and representing your Tax Aspects of Mergers & Garrison LLP; Ernst & clients. Whether you are beginning to Young LLP; Mark J. Silverman, Steptoe Eric Solomon, practice in the area of foreclosures or are & Acquisitions & Johnson LLP; Assistant Secretary, Tax Policy, U.S. Department of an experienced practitioner who desires to 22 Wednesday, 5 PM – 7 PM; the Treasury; Linda Z. Swartz, Cadwalader refresh your knowledge of the important 23 Thursday, 9 AM – 5:30 PM Wickersham & Taft LLP; Jeffrey C. aspects in this burgeoning field, this (Reception 5:30 PM – 6:30 PM); Trossman, Blake, Cassels & Graydon LLP; program is not to be missed. 24 Friday, 8:30 AM – 5:30 PM William P. Wasserman, Ernst & Young Robert H. Wellen, Program Co-Instructors: LLP; Ivins, Phillips, & The Institute will explore current tax Barker; Thomas F. Wessel, KPMG LLP; Meghan Faux, Co-Director, Foreclosure Rose L. Williams, Ernst & Young LLP; Prevention Project, South Brooklyn Legal developments and planning opportunities Bernard Wolfman, Fessenden Professor of Services; Josh Zinner, Co-Director, relating to mergers and acquisitions. The Law, Emeritus, Harvard Law School; Diana Neighborhood Economic Development speakers include nationally recognized L. Wollman, Sullivan & Cromwell LLP Advocacy Project corporate tax specialists and top Treasury This program is exempt from the Credit: 3.0 PP* and IRS officials. The program starts on Wednesday evening with a panel entitled Passport Series. “Basic M&A Tax Rules” and continues on Credit: 17.5 total: 15.0 PP, 1.5 ethics & 1.0 tax & accounting Thursday and Friday with an in-depth look skills.* (This program provides CPE credit.) at a full range of issues. Financial Reporting: Co-sponsored by the Center for the Study telecommunications Hot Topics & Trends of Mergers & Acquisitions at Penn State University, The Dickinson School of Law 21 Tuesday, 6 PM – 9 PM Tele-Futuring: Program Co-Chairs: Telecommunications Law Designed for corporate and securities Michael L. Schler, Cravath, Swaine & attorneys who help and advise clients with Moore LLP; Samuel C. Thompson, Jr., & Policy in 2009 & Beyond complex financial disclosure requirements, Professor of Law & Director, Center for the 27 Monday, 6 PM – 9 PM this program will provide an in-depth Study of Mergers and Acquisitions, Penn State discussion of current financial issues, Dickinson School of Law New technologies and fundamental including the latest Securities and Faculty: market shifts are challenging old rules Exchange Commission and Financial William D. Alexander, Associate Chief and policies. This program will address Accounting Standards Board guidance Counsel (Corporate), Internal Revenue how these changes are shaping policy on topics related to the financial crisis, Service; John P. Barrie, Bryan Cave LLP; today as panelists and participants discuss Peter H. Blessing, Shearman & Sterling including fair value accounting issues, developments in wireless and wireline LLP; Peter C. Canellos, Wachtell, Lipton, as well as the out-and-out latest in the communications, the views of the new Rosen & Katz; Glenn R. Carrington, Ernst administration and the regulatory para- progress toward international accounting. John J. Clair, Jr., & Young LLP; Latham & digms for the future. The panelists will This program is also ideal for dual practi- Watkins LLP; Edward S. Cohen, Deputy discuss the development challenging the tioners in law and accounting. Associate Chief Counsel (Income Tax & Accounting); Internal Revenue Service; John current framework, how policymakers in Program Co-Chairs: J. Creed, Simpson Thacher & Bartlett LLP; Albany and Washington are responding Shari Helaine Lichtman, Attorney & CPA, Julie A. Divola, Pillsbury Winthrop Shaw and the new administration’s priorities. Litigation and Professional Education; Pittman LLP; Peter L. Faber, McDermott, Thomas Rees, Managing Director, Forensic Program Chair: Will & Emery LLP; Kathleen L. Ferrell, and Litigation Consulting, FTI Consulting Eileen E. Huggard, Director, New York Davis Polk & Wardwell; David L. Forst, & Connecticut State Public Policy, Verizon Faculty: Fenwick & West LLP; Patrick C. Gallagher, Communications Deborah Doane, Vice President Market- Kirkland & Ellis LLP; Eric W. Hilfers, Faculty: ing, EDGAR Online Inc; Linda A. Cravath, Swaine & Moore LLP; Jeffrey H. Kahn, Professor of Law, Penn State Dickinson Jonathan Askin, Associate Professor of MacDonald, Senior Managing Director, School of Law; Steven A. Musher, Associate Clinical Law & Founder/Director, Brooklyn Forensic and Litigation Consulting, FTI Chief Counsel (International), Internal Law Incubator & Policy Clinic, Brooklyn Consulting; Jeff Mahoney, General Revenue Service; Joseph M. Pari, Dewey & Law School; Jamilla Ferris, Hogan & Counsel, Council of Institutional LeBoeuf LLP; Deborah L. Paul, Wachtell, Hartson LLP; Peter McGowan, General Investors; Jon K. Nelson, Senior Manager, Lipton, Rosen & Katz; Susan Cooper Counsel, New York Public Service Bruce I. Regal, National Professional Services Group, Philpot, Cooley Godward Kronish LLP; Commission; Senior Counsel, NYC Law Department PricewaterhouseCoopers LLP; Randall Robert A. Rizzi, O’Melveny & Myers LLP; Matthew A. Rosen, Skadden, Arps, Slate, Sogoloff, Partner, Deloitte & Touche LLP Credit: 3.0 PP* Meagher, & Flom LLP; Jeffrey B. Samuels, Credit: 3.0 PP*

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

16 | 44th Street notes | april 2009 www.nycbar.org COMMITTEE REPORTS

Civil Court of the City of New York Legal Issues Pertaining to Animals Consumer Affairs The report expresses opposition to New York City Council bill Report expressing support for Intro. 660, which would amend the Intro. No. 653-A with regard to treatment of carriage horses in Administrative Code of the City of New York to clarify that debt New York City. While it seeks to improve conditions, the bill buyers, including those entities that refer debts to other agencies would not significantly promote the health, safety and well-being for collection and/or litigation, are considered “debt collection of the carriage horses and does not address the most critical agencies” under local law and accordingly must be licensed by concerns relating to the carriage horse industry; the bill may the New York City Department of Consumer Affairs in order to actually worsen their conditions. The report reiterates continued collect debts from New York City residents. support for Intro. No. 658-A, which would ban the carriage horse industry altogether in New York City. civil rights Amicus Brief: Amnesty International USA v. McConnell, filed with National Security Task Force the U.S. District Court, Southern District of New York. The brief Amicus Brief: Al-Marri v. Spagone, filed with the U.S. Supreme argues that the FISA Amendments Act of 2008’s express authoriza- Court. The brief argues that the existing legal system is capable tion of the government to acquire the constitutionally protected of handling terrorism prosecutions and that data from the past communications of Americans, without individualized warrants, two decades demonstrate that terrorism prosecutions in the federal meaningful judicial oversight and meaningful limitations on the courts have overall led to just, reliable results without security dissemination of acquired information will have a chilling effect breaches or other problems that threaten our nation’s safety, and on constitutionally protected speech, including communications that terrorism suspects should be afforded the protections given between attorneys and their clients, and undermines the right to, to criminal defendants rather than be indefinitely detained. and need for, effective assistance of counsel that is fundamental to the rule of law. Professional and Judicial Ethics Formal Opinion 2009-02 considers what a lawyer’s ethical duties Energy are when another party to a litigation or transaction is self-repre- Letter to Congress arguing that current tax credit programs that sented. The opinion concludes that DR 7-104(A) (2) permits a serve as the primary federal incentive for renewable power are no lawyer to advise a self-represented person adverse to the lawyer’s longer adequate in encouraging private investment and that they client to seek her own counsel and to make certain other related should be modified to permit the renewable energy industry to statements. These statements may include, where appropriate, continue to help drive U.S. economic and job growth. identification of general legal issues that the self-represented person should address with a lawyer, undisputed statements of fact or Investment Management Regulation law such as the position of the lawyer’s client on a contested issue and references to court-sponsored programs designed to assist a Letter to the SEC providing suggestions for improved regulatory self-represented litigant. A lawyer may also at any time explain or structure in the financial services industry that have particular clarify the lawyer’s role to the self-represented litigant and advise relevance to the investment management industry, including that person to obtain counsel. Finally, the opinion notes, the coordinating among financial regulators, effectively pursuing lawyer must volunteer this information if she knows or should investment fraud while also promoting the efficient functioning know that a self-represented person misunderstands the lawyer’s of the capital markets, increasing transparency by industry role in the matter. participants regarding their financial positions and business activities, increasing fund directors’ effectiveness at carrying Formal Opinion 2009-03 considers the conflicts that arise when out their oversight responsibilities and reviewing regulations hiring law-school graduates who work in legal clinics operated that apply to money market funds. by law schools. The opinion concludes that firms must balance a number of competing interests, including the interest of the graduate’s former client in protecting her secrets and confidences, the interests of other clients in being represented by the counsel of their choice and the interests of both law students and law firms in not unduly restricting the students’ employment opportunities.

www.nycbar.org april 2009 | 44th Street notes | 17 april 2009 cle registration form

hot Topics Affecting Cooperatives & Gain the Edge! Negotiation Strategies for Planning for Same-Sex & Unmarried Couples: Condominiums 2009 Lawyers & Business Professionals Probate, Property & Family Law April 1 April 17 April 28 Member Nonmember Member Nonmember Member Nonmember Live program (includes materials): $215 $325 Live program (includes materials): $375 $475 Live Program (includes materials): $215 $325 CDs (includes materials): $335 $405 (Prices per session) DVDs (includes materials): $445 $535 hot Topics & Recent Developments CDs (includes materials): $335 $405 Materials only (no CLE credit): $105 $135 in Foreclosure DVDs (includes materials): $445 $535 April 20 Materials only (no CLE credit): $105 $135 summary Jury Trials: Procedure, Member Nonmember Practice & Pitfalls Live program (includes materials): $215 $325 Privilege Issues in Troubled Times: Perspectives April 2 CDs (includes materials): $335 $405 from In-House & Outside Litigation Counsel Member Nonmember DVDs (includes materials): $445 $535 April 29 Live program (includes materials): $195 $305 Materials only (no CLE credit): $105 $135 Member Nonmember CDs (includes materials): $335 $405 Live Program (includes materials): $215 $325 DVDs (includes materials): $445 $535 Financial Reporting: Hot Topics & Trends CDs (includes materials): $335 $405 Materials only (no CLE credit): $105 $135 April 21 DVDs (includes materials): $445 $535 Member Nonmember Materials only (no CLE credit): $105 $135 Current Issues in Insurance Regulation 2009 Live Program (includes materials): $215 $325 April 3 CDs (includes materials): $335 $405 Legal Ethics in Popular Culture City Bar, IFNY or ABA/TIPs Member Nonmember DVDs (includes materials): $445 $535 April 30 Live Program (includes materials): $205 $315 Materials only (no CLE credit): $105 $135 Member Nonmember Live Program (includes materials): $265 $375 Out With the Code, in With the Rules: hedge Funds in the Current Environment What’s New About the New Ethics Rules April 22 Member Nonmember & What’s Not registration Live Program (includes materials): $335 $475 April 14 Advance registration is advised for live programs Member Nonmember CDs (includes materials): $445 $615 and video replays. An additional fee of $25 will be charged Live Program (includes materials): $245 $355 DVDs (includes materials): $605 $765 CDs (includes materials): $365 $435 Materials only (no CLE credit): $105 $135 for registrations received later than 3:00 p.m. one business DVDs (includes materials): $475 $565 day prior to the program. For more information or to Materials only (no CLE credit): $105 $135 sixth Annual Institute on Tax Aspects of register for a program: visit our website at www.nycbar.org, Mergers & Acquisitions (with Penn State) call 212.382.6663, fax 212.869.4451 or mail your Document Retention: Ethical, Legal & Practical April 22–24 registration to: City Bar Center for CLE, New York City Advice for Determining the Documents You Member/Penn State Alum Nonmember Bar, 42 West 44th Street, New York, NY 10036. Should (and Are Required to) Preserve Live Program (includes materials): $795 $995 April 14 (All three days) cancellationS & Refunds April 22 Pre-conference Only: $205 $315 Member Nonmember For live programs and video replays, refunds and program Materials only (no CLE credit): $175 $225 Live Program (includes materials): $215 $325 credits are available provided cancellation is made in CDs (includes materials): $335 $405 Tele-Futuring: Telecommunications Law & writing and received by the City Bar Center prior to DVDs (includes materials): $445 $535 the program. Materials only (no CLE credit) $105 $135 Policy in 2009 & Beyond April 27 A $35 administrative fee will be charged for all refunds. Cross Pollination: What the Matrimonial Member Nonmember The cancellation fee will be deducted directly from the Lawyer Needs to Know About Trusts & Estates Live Program (includes materials): $195 $305 refund. For program credits, no administrative fee will be & What the Trusts & Estates Lawyer Needs CDs (includes materials): $335 $405 charged. Program credits must be used within one year of DVDs (includes materials): $445 $535 to Know About Matrimonial Law the original program date. Cancellations must be in writing Materials only (no CLE credit): $105 $135 April 15 and faxed to the City Bar Center, 212.869.4451. Member Nonmember Planning for Same-Sex & Unmarried Couples: Refunds and program credits are not available for Live Program (includes materials): $205 $315 Estate Planning, the New York Executive Order the purchase of CDs, DVDs, course materials or online CDs (includes materials): $335 $405 & Other Updates in the Law programs. Scholarships are available. Please call DVDs (includes materials): $445 $535 April 28 212.382.6663 for an application. Materials only (no CLE credit) $105 $135 Member Nonmember Certificates for attending a program are given out and Live Program (includes materials): $215 $325 seeking Approval: Board Governance in Coops signed by a CLE staff member at the end of & Condos (Prices per session) CDs (includes materials): $335 $405 the program. You are responsible for keeping a April 16 DVDs (includes materials): $445 $535 copy of the CLE certificate for your own records. Member Nonmember Materials only (no CLE credit): $105 $135 An administrative fee of $15 will be charged for Live Program (includes materials): $165 $275 replacement CLE certificates. CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 cle credit information Materials only (no CLE credit) $105 $135 CLE credit applies to New York and California (for live programs only). Illinois credit differs and ethics credits are pending.

All registrations must be prepaid by either credit card or a check made payable to: City Bar Center for CLE or New York City Bar.

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44th Street notes | april 2009 periodicals

Professional development

Upcoming Career Development & Networking Events and CLE Courses (For more information, see listings inside) City Bar Leaders 1 Wednesday, 9 AM – 10:30 AM in Government Putting ADR on Your RADAR

2 Thursday, 6:30 PM – 8:30 PM The following City Bar leaders are the latest of Young Lawyers Connect – First Thursdays Series our members to be appointed to positions in Sushi Making State and Federal government.

14 Tuesday, 6:30 PM – 8 PM Preeta Bansal, a Justice Center board member, was appointed Non-Traditional Careers for Attorneys: A Program General Counsel for the Office of Management and Budget in the for Law Students and Recent Law School Graduates Obama Administration.

15 Wednesday, 8:30 AM Kirsten Gillibrand, Chair of the Government Ethics Committee Want to be a Partner? How to Write an Effective Business from 2003-2004, was appointed by New York Governor David Development Plan to Get on the Right Path Paterson to replace Hillary Rodham Clinton as U.S. Senator. 16 Thursday, 6 PM – 8 PM Jeh Johnson, an Executive Committee member and former Chair Getting Appointed to a Criminal Justice Act Panel of the Judiciary Committee from 2001-2004, was appointed General for the Southern and Eastern Districts of New York Counsel for the Department of Defense in the Obama Administration. 17 Friday, 9 AM – 4:30 PM CLE: Gain the Edge! Negotiation Strategies for Peter Kiernan, Chair of the New York City Affairs Committee from Lawyers & Business Professionals 2004-2007, was appointed Counsel to Governor Paterson.

21 Tuesday, 8:30 AM – 10 AM Small Law Firm Breakfast: Effective Stress Management for Solos and Small Firms in Today’s Economy – Why Don’t You Spend More Time Doing What You Love? South African

21 Tuesday, 8:30 AM – 10:15 AM Constitutional Court Professional Development Workshop Series: The Essentials – Justice Albie Sachs Balancing Zeal, Success and Ethics in a Law Firm Setting with New York City 21 Tuesday, 6:30 PM – 8 PM Bar President Patricia Life After the Firm: Leaving the Practice but not the Passion M. Hynes in February. 23 Thursday, 8:30 AM – 10 AM Justice Sachs spoke at Spring 2009 Smart Marketing Program Series: the City Bar on the Smart Marketing in a Down Economy – Maximizing Networking Opportunities South African experience and the 30 Thursday, 8:30 AM – 11:30 AM From Backpack to Brief Case: A Transitional Program Constitutional Court. for Law Students photo: Karen Shernit