COLUMBIA LAW SCHOOL Magazine Winter 2012 READ ADDITIONAL WEB-ONLY PROFILES and ARTICLES Listen in DOWNLOAD PODCASTS of LAW SCHOOL EVENTS

Columbia Law School Winter 2012 Magazine

“Alternative “Focus on our billing?” core practices?” “New sources “Missed of revenue?” “Is the billable “Will clients opportunities hour dying?” abroad?” pay more if we win?” “Is the economy “Who will turning around?” be the next “Are we Dewey?” maximizing new “How can we technologies?” thrive in a more globalized “Do today’s world?” clients “How do demand we best more?” “Add an train overseas young lawyers?” “How to office?” compete “Expand into “Are additional with hot areas of firm failures foreign practice?” inevitable?” firms?” “Can we do more with less?” “More firm mergers “A new recruitment ahead?” model?”

“Big bonuses?” “Will our firm culture survive expansion?”

What Does the Future Hold for Large Law Firms p. 24

working.indd 10 1/7/13 4:15 PM

Fromthe Dean

Thank You AS WE CONCLUDE THE FALL SEMESTER, I’d like to express our gratitude for the generous support we received from so many graduates and friends last year. I am pleased to report that we set a new fundraising record: $51.3 million in new cash and new pledges in 2011–12. This is 35 percent more than our prior fundraising record set in 2007–08, and triple the level of support we received prior to when I began my service as dean in 2004. In five of the eight years I have served as dean, we have more than doubled the Law School’s traditional fundraising level. We owe this success to the many graduates and friends who have supported us so generously.

SIGNIFICANT GROWTH IN NEW CASH AND PLEDGES

51.3

37.9 36.3 37.5 34.9 DOLLARS ($) IN MILLIONS DOLLARS 17.9 18.8 19.0 16.3 17.1

02–03* 03–04* 04–05 05–06 06–07 07–08 08–09 09–10 10–11 11–12

*INDICATES YEARS BEFORE DEAN SCHIZER’S APPOINTMENT

Much of this support comes from new donors. In fact, we have received gifts of $500,000 or more from 97 donors since 2004. Of these donors, 70 had given much more modestly (and, in many cases, not at all) before then. This support of our graduates and friends has CAMPAIGN GIFTS OF $500,000 OR MORE* allowed us to increase the size of the voting faculty substantially, and to launch new curricular initiatives  New or previously in national security law; transactional studies; climate 27 modest donors change law; sexuality and gender law; law, business,  Existing donors and public policy; comparative law; institutional and social change; and a broad range of other fields. 70 * Based on a total of 97 gifts of $500,000 Campaign gifts have also allowed us to increase or more received the level of financial aid for our students, establish 60 since 2004. new endowed scholarships, and guarantee summer funding to all first- and second-year students since 2008. We have also substantially enhanced our loan repayment assistance program for the J.D. Class of 2008 and subsequent classes, and launched a number of new postgraduate fellowships as well. We have established 22 new endowed professorships and 11 new faculty research funds. Additionally, we have added a new floor to Jerome Greene Hall and made a number of other physical improvements to our vibrant campus. And, of course, we have much more still to do! Thank you again for your generosity and your commitment to our School. Your support helps us to train future generations to be stewards of the rule of law and leaders in every sector across the globe.

LAW.COLUMBIA.EDU/MAGAZINE 1 Tableof Contents:

features

34 THE BIG DROP BY PETER COY The euro zone is riddled with problems, and regional uncertainty is at an all-time high. Experts from Columbia Law School’s new Ira M. Millstein Center for Global Markets and Corporate Ownership examine how various potential outcomes are likely to impact the United States and the rest of the global financial system. 40 A TANGLED MESS BY CARRIE JOHNSON The Law School’s new Center for Constitutional Governance is off to a fast start. Its recent event on the territorial conflicts occurring between various Asian nations in the South China Sea showed the extent to which the news of the day can be impacted by issues of governmental structure and process.

THE LEADING EDGE BY AMY FELDMAN Columbia Law School graduates serving as leaders at some of the world’s most successful and respected law firms examine the state of the profession. How has the economic crisis impacted large firm practice, what has changed over the years, and, most importantly, what’s on the horizon? 24

2 COLUMBIA LAW SCHOOL MAGAZINE FALL 2011 16 departments

5 16 20 21 22 NEWS & EVENTS SEE ALSO SETTING THE BAR FACULTY FOCUS PROFILES IN Gabrielle Wolf, David Antitrust Law, EU Law, Anu Bradford SCHOLARSHIP He, Merim Razbaeva, C. Scott Hemphill Curtis J. Milhaupt Adam Brunk

48 54 ALUMNI PROFILES AT ISSUE ESSAYS 56 FINANCIAL STABILITY 48 THE ADAPTER 54 FAMILY FOCUSED BY JEFFREY N. BY AMY FELDMAN BY PHILIP M. GENTY GORDON During an era of great AND JANE M. SPINAK By failing to institute economic uncertainty, For the past 30 years, important reforms Goldman Sachs attorney Columbia Law School’s relating to money David Greenwald ’83 family law clinics have market funds, the has honed an invaluable adapted with the times SEC has left the expertise in financial to address a shifting set financial system in a regulatory reform. of unmet needs. vulnerable position.

50 THE TRAILBLAZER 58 BY ANNA LOUIE CLASS NOTES SUSSMAN At the Ms. Foundation 76 for Women, Anika IN MEMORIAM Rahman ’90 is leading one of the country’s 80 QUESTIONS most important and PRESENTED influential women’s Da Chen ’90 rights organizations.

THE LEADER BYY JO Y. WANG Financial expert V-Nee Yeh ’84 has experienced great success in the business world while also lending a hand on policy issues in his native Hong Kong. 52 Columbia Law School Magazine

Dean david m. schizer Associate Dean for Development and Alumni Relations sonja carter Executive Director of Communications and Public Affairs elizabeth schmalz Editor matthew j.x. malady Managing Editor joy y. wang Assistant Editor kelly carroll Photography Director peter freed Copy Editor lauren pavlakovich Design and Art Direction b&g design studios Printing maar printing service, inc.

Columbia Law School Magazine is published twice a year for alumni and friends of Columbia Law School by the Office of Development, Alumni Relations, and Communications.

Opinions expressed in Columbia Law School Magazine do not necessarily reflect the views of Columbia Law School or Columbia University.

This magazine is printed on FSC certified paper.

Change of address information should be sent to: columbia law school 435 West 116 Street, Box A-2 New York, NY 10027 Attn: Office of Development, Alumni Relations, and Communications

alumni office 212-854-2680

class notes and inquiries 212-854-5833 [email protected]

find us online! Visit law.columbia.edu/magazine THROUGHOUT THE MAGAZINE, ICONS ALLOW YOU TO SAY, DO, SEE, AND LEARN MORE.

Join the news & events Conversation Go Beyond EXPLORE TELL US WHAT Mary Jo White National YOU THINK IN OUR Security Event INTERACTIVES Focuses on COMMENTS SECTION Combating New Center RELATED TO Terrorism Dean to Highlight schizer ARTICLES Mary Jo White ’74 tappeD for recently visited nyc Bar Columbia Law School task force Public Law for a discussion on The CenTer for ConsTiTuTional GovernanCe will national security law, Dean David m. schizer fosTer an inTeraCTive neTwork of publiC law alumni during which she was recently named and professionals. stressed the need to the New York City for a wide range Bar Association’s Columbia Law School’s Center for Constitutional Governance of tools to address Task Force on New debuted this past summer under the leadership of Gillian e. threats from al-Qaeda. Lawyers in a Changing Speaking before a Profession. He will be Metzger ’95 and trevor W. Morrison ’98. the new center will packed audience, joined by more than strengthen the Law School’s existing presence in the public White drew from nine 30 members of the law community by sponsoring cutting-edge workshops and years of experience legal community in conferences on constitutional law issues, while also serving as as a U.S. Attorney for a combined effort to an interactive forum for graduates who have dedicated their the Southern District address what City Bar careers to public law and government service. of New York, a role in President Carey Dunne which she prosecuted referred to as “the the center will attract constitutional scholars and visiting dozens of terrorism plight of the young professors to Columbia Law School, as well as increase the Law cases. “I don’t believe lawyer,” which includes School’s influence in the fields of comparative public law, public legal prosecutions navigating challenges international law, and transnational law. are the only way to of the current job as co-directors, Metzger, the Stanley h. Fuld Professor of combat this threat,” market. “[T]he time has Law, and Morrison, the Liviu Librescu Professor of Law, will she said, adding that come for the leaders focus their energies on issues related to government structure, the military is also of our profession to View More largely responsible for respond,” said Dunne in governmental relationships, federalism, and separation of addressing national announcing formation powers. Both professors are recognized as leading scholars in WATCH VIDEOS AND security concerns. • of the new task force. • the field of public law. •

BROWSE SLIDESHOWS Guha Delivers lectures on the state of inDian Democracy

Acclaimed Indian historian and writer Ramachandra Guha recently presented three lectures at the Law School that examined various influences on Indian society. The event was sponsored by the Dr. B.R. Ambedkar Chair in Indian Constitutional Law and organized by Professor Jagdish Bhagwati. In his concluding lecture, titled “The Past and Future of Indian Democracy,” Guha outlined a range of factors contributing to India’s democratic achievements and discussed potential threats to its future. • Web

Browse photos from the three-day event. view more law.columbia.edu/mag/guha-photos ProFeSSor JaGdiSh BhaGWati and raMaChandra Guha durinG the diSCuSSion at CoLuMBia univerSity’S LoW LiBrary Exclusives 12 COLUMBIA LAW SCHOOL MAGAZINe WINter 2012 READ ADDITIONAL WEB-ONLY PROFILES AND ARTICLES Listen In DOWNLOAD PODCASTS OF LAW SCHOOL EVENTS

4 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 News Events:

DONALD B. VERRILLI, JR. AND DEAN DAVID M. SCHIZER

Class of 2012 JUSTICE SAMUEL A. ALITO JR. Justice Alito Visits Columbia Urged to Engage Law School in Public Service United States Supreme At Graduation 2012, a distinguished and Economics, introduced Court Justice Samuel and diverse group of Columbia Law Verrilli. During Dean Schizer’s A. Alito Jr. recently visited Columbia Law School students processed through address to students, he asked the School and served as the south lawn of Columbia’s Morn- Class of 2012 to take aim at the the featured speaker ingside Heights campus to the cheers world’s most daunting challenges. at a Law School of family, friends, and well-wishers. “Lawyers who are true to their conference on Burkean constitutionalism The J.D. and LL.M. degree candi- beliefs and committed to making organized by Professor dates represented a wide range of the world a better place will always Thomas W. Merrill professional backgrounds—including be busy and challenged,” Dean and Professor Philip the military, engineering, journalism, Schizer said. “The world desperately Hamburger. Burkean scholars from across and academia. needs your talents.” the country came U.S. Solicitor General Donald B. Earlier in the ceremony, Professor together to discuss the Verrilli, Jr. ’83, who previously served Robert J. Jackson Jr., the 2012 recip- jurisprudence attributed as deputy counsel to President Barack ient of the Willis L.M. Reese Prize for to Edmund Burke, the 18th-century British Obama and as an associate deputy Excellence in Teaching, drew from legislator who is often attorney general in the U.S. Depart- many of his own experiences when called the father of ment of Justice, delivered the keynote speaking to the graduates. classical conservatism. address. He spoke to the Class of 2012 “Rather than thinking about During his remarks, Alito praised Burke about the merits of public service. today as the end of your legal educa- for the importance he “There is no better time to serve tion, I’d encourage you to think of placed on stability and than during a time of great chal- it as the beginning,” Jackson said. time-tested rules—a perspective, Alito lenges,” Verrilli said. “That time is “Indeed, that is what is so special, Members of the CLASS OF said, that is especially now. And there is no better person and valuable, about studying the useful in the context of than you.” law. The degree you’re about to serving as a judge. • David M. Schizer, Dean and the receive says much more about your 1962 Lucy G. Moses Professor of Law; capacity to learn than it does about led the procession of graduates Harvey R. Miller Professor of Law what you already know.” •

“We will need massive spending cuts and major revenue increases to avert a fiscal catastrophe that would make the current fiscal cliff look like child’s play. The crucial question, then, is how the burden of higher taxes and lower social spending will be distributed.” —Professor Alex Raskolnikov

LAW.COLUMBIA.EDU/MAGAZINE 5 news & events

ANU BRADFORD JESSICA BULMAN-POZEN JODY S. KRAUS DAVID POZEN Four Professors Join the Law MICHAEL B. MUKASEY Former U.S. Attorney School Faculty General Opens In July, Anu Bradford, Jessica Bulman-Pozen, Jody S. Kraus, and David Pozen became the newest members of the Columbia Law School faculty. Friedmann With the addition of these four scholars, Dean David M. Schizer has now Conference added a total of 32 faculty members to the Law School in his more than eight years as dean. Bradford, who came to Columbia Law School by way of the University Michael B. Mukasey, of Chicago Law School, is a renowned scholar of international law and former U.S. Attorney international relations. Her research projects examine the influence of state General and federal power, domestic preferences, and international organizations on interna- court judge for the tional economic law. Southern District of New York, kicked Bulman-Pozen, who recently served as an attorney-adviser in the U.S. off the 38th annual Department of Justice’s Office of Legal Counsel, is a scholar and teacher Wolfgang Friedmann of administrative law, antidiscrimination law, constitutional law, and Conference in federalism. She previously served as a law clerk to U.S. Supreme Court International Law at Columbia Law Justice John Paul Stevens and Judge Merrick B. Garland of the U.S. Court School with a of Appeals for the District of Columbia Circuit. discussion of the Kraus, previously the David E. Kaufman & Leopold C. Glass Professor of sometimes tumultuous relationship between Law at the University of Pennsylvania Law School and a co-director of the the United States Institute for Law and Philosophy, is an expert on contracts and commercial and the International law. His scholarship focuses on the relationship between moral and economic Criminal Court. The theories of law in general, and on contract law in particular. Columbia Society of International Law Follow Us David Pozen, who was most recently a special adviser to the U.S. Depart- hosted the event, on Twitter ment of State’s Legal Adviser, brings expertise in several areas of public law titled “Courts, Judges, @ColumbiaLaw and in the law of nonprofit organizations. He previously served as special assis- and Justice in the tant to Senator Edward M. Kennedy on the Senate Judiciary Committee. • International Legal System,” which also included a panel discussion on the rule of the independent judiciary in nations PISTOR WINS PRESTIGIOUS MAX PLANCK AWARD that have recently transitioned to Professor Katharina Pistor was recently selected as a Max Planck democratic systems Research Award winner for 2012. The award, sponsored by the Alexander of government. • von Humboldt Foundation and the Max Planck Society, is bestowed upon two recipients annually in the areas of natural sciences and engineering, life sciences, or the humanities. Pistor, who created the Law School’s Center on Global Legal Transformation in 2010, was recognized for her work on the regulation of international financial markets. She plans on view more using part of the award prize money—approximately $920,000—to fund See photos from the Friedmann continued research at the center, which includes analysis of how financial Conference lecture. regulatory efforts undertaken by various nations impact the global law.columbia.edu/ financial system, as well as work examining the limitations of emergent mag/friedmann-12 global property rights regimes. •

6 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 news & events

Law School Launches New Center Focused on Global Markets THE IRA M. MILLSTEIN CENTER FOR GLOBAL MARKETS AND CORPORATE OWNERSHIP WILL WORK TO ADDRESS PRACTICAL ISSUES IN GLOBAL FINANCE.

This past summer, Columbia Law School established the Ira M. Millstein Center for Global Markets and Corporate Ownership,

PROFESSOR JOHN C. COFFEE JR. providing a new base for research on some of the most pressing issues impacting global financial markets. The new center is named for Ira M. Millstein ’49, who serves Coffee and as a senior partner at Weil, Gotshal & Manges in Manhattan Graduates and as a lecturer-in-law at the Law School. Millstein is also Serve on director of the Program on Global, Economic and Regulatory Interdependence, which the Law School administers jointly with Task Force Columbia Business School. The center will be co-directed by Jeffrey N. Gordon, who serves as the Law School’s Richard Paul Richman Professor of Law, and Professor John C. Professor Robert J. Jackson Jr. Coffee Jr. and several The newly formed Center for Global Markets and Corporate alumni were selected Ownership has already begun work on two chief projects. as members of New “Interdependence in the Global Economy” is a study focused York State’s Task on promoting progress in both the global economy and society. Force on Commercial Meanwhile, “The Project on Investment, Ownership, and Control Litigation in the Law School in the Modern Firm” will focus on new institutions emerging as 21st Century. The launches group devised leaders in the world’s changing financial markets. The project will recommendations for result in the first comprehensive examination of the character, improving the flow 3 motives, and influence of these institutions. The center will also NEW ACADEMIC and quality of complex CENTERS delve into research on the public’s trust in financial markets and commercial litigation focus on relationships between investors and corporations. • in New York courts. The task force, which included Roberta A. Kaplan ’91, Ronald C. Minkoff ’80, Clifford G. Tsan ’03, and Lecturer- IMMIGRATION EXTERNSHIP PROGRAM in-Law Jeremy R. HONORED BY NEW YORK CITY COUNCIL Feinberg ’95, was comprised of current The New York City Council recognized Columbia Law School’s Immigration and retired judges, Defense Externship program this past spring with a proclamation during the commercial litigators, city’s Immigration Heritage Week. Students participating in the externship academics, and work with attorneys from The Legal Aid Society’s Immigration Law Unit on business leaders. • projects that provide direct representation and counseling to immigrants facing deportation. “Their victories, large and small, have impacted countless New Yorkers in individual cases and in the groundbreaking legal precedent they set,” Council Member Daniel Dromm, chair of the council’s committee on immigration, said of the program. •

“Kirtsaeng v. John Wiley & Sons, Inc. presents one of the fundamental questions for the globalized media world: Can a United States copyright holder prevent the importation [and resale] of products manufactured for overseas markets [at cheaper prices]?” —Professor Ronald Mann

LAW.COLUMBIA.EDU/MAGAZINE 7 news & events

Liebman and Cleveland Join U.S. Delegation Law School to China

Professors Benjamin L. Liebman and Sarah Celebrates H. Cleveland visited Beijing as part of the United States delegation for the Reunion 2012 U.S.-China Legal GRADUATES CAME TOGETHER TO RECONNECT AND TO Experts Dialogue. REMINISCE ABOUT THEIR TIMES IN MORNINGSIDE HEIGHTS. The discussions, co-sponsored by the U.S. State Department Graduates of all stripes returned to Graduates attended tours of Center for Chinese and China’s Ministry Columbia Law School this past sum- the Museum of Modern Art, the Legal Studies of Foreign Affairs, recently marked its mer for Reunion 2012, a two-day Waldorf=Astoria, the New York Public focused on the benefits stemming event that featured discussions, Library, and the Law School. On Sat- from, and the practical tours, and reconnecting. This year’s urday afternoon, a barbeque was held 25th ANNIVERSARY implementation of, the Reunion weekend celebrated 14 in the Jerome Greene Annex, followed rule of law. • graduating classes: those ranging by a mentoring session in the Faculty from 1942 to 2007 and including House. The Law School’s most recent members of all class years ending graduates—the Class of 2012—were in either a two or a seven. invited to join this session and glean REMEMBERING DAVID BERGER Members of all honored classes advice from fellow graduates. kicked things off on Friday evening As always, the highlights of with an inclusive group affair that Reunion were the personal connec- allowed guests of all ages to mingle tions made during the weekend. and converse over cocktails and hors Back at Columbia Law School for her d’oeuvres at the Waldorf=Astoria. 50th reunion, New York Supreme The next day, Dean David M. Court Justice Rena K. Uviller ’62 ran Schizer presented his state of the into a couple she married 30 years Law School address to the graduates, earlier. Patrice Jean ’02, a member touting curricular innovations and of the Reunion 2012 committee, the growing roster of faculty mem- brought her new son to campus as bers as two of the Law School’s most one of her guests. Darren Jerome exciting recent achievements. “D.J.” Collins Jr. was born in October Over the course of the weekend, 2011 on a night when Jean went into graduates took part in several panel labor during a Reunion leadership discussions related to of-the-moment cocktail reception. legal issues. For instance, Reunion “Friends teased D.J. about how he 2012’s most honored guests, mem- wanted to go to law school and just bers of the Stone Circle—a group couldn’t wait,” Jean said. that includes those who graduated The weekend came to a close on THE 2012 LONDON OLYMPICS MARKED THE 40TH ANNIVER- SARY OF THE TRAGIC DEATH OF DAVID M. BERGER ’69, A from the Law School in or prior to Saturday night, as members of all WORLD-CLASS WEIGHTLIFTER WHO RECEIVED HIS J.D. AND M.B.A. FROM COLUMBIA. HE COMPETED AS A MEMBER OF 1962—hosted a discussion for their returning classes joined together for THE ISRAELI OLYMPIC TEAM THAT JOURNEYED TO MUNICH fellow classmates on the use of dessert and dancing in the Roone FOR THE 1972 GAMES. DURING THE FINAL WEEK OF COMPETI- TION, A GROUP OF PALESTINIAN TERRORISTS BROKE INTO neuroscience in the courtroom. Arledge Auditorium. • THE OLYMPIC VILLAGE AND TOOK 11 ISRAELI TEAM MEMBERS HOSTAGE, ULTIMATELY KILLING BERGER AND HIS COMPATRI- OTS. IN 1973, THE LAW SCHOOL ESTABLISHED THE DAVID M. Browse the Reunion 2012 website. BERGER MEMORIAL PRIZE, WHICH IS AWARDED ANNUALLY web exclusive law.columbia.edu/mag/reunion-2012 TO A THIRD-YEAR STUDENT INTERESTED IN INTERNATIONAL LAW AND WORLD PEACE. (PHOTO COURTESY OF BARBARA BERGER)

“In a November 6 plebiscite addressing Puerto Rico’s troubled relationship with the United States, 54 percent of the voters called for an end to the island’s current ‘commonwealth’ status. What they want instead, though, is a thornier question.” —Professor Christina Duffy Ponsa

8 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 news & events

DEAN DAVID M. SCHIZER, STEPHEN FRIEDMAN, PROFESSOR MICHAEL J. GRAETZ, REBECCA KYSAR, AND PETER C. CANELLOS Dean Schizer Leads Panel PROFESSOR CAROL B. LIEBMAN CAROL LIEBMAN on State of WINS Law School’s AWARD FOR NALSA EXCELLENCE the Economy Chapter IN TEACHING WHILE THE REUNION PANELISTS AGREED THAT THE ECONOMY Receives Carol B. Liebman IS HURTING, EACH HAD THEIR OWN PREFERRED STRATEGY recently received FOR SPURRING GROWTH. Top Honor a 2012 Presidential Award for Excellence Focused efforts to promote economic growth and fiscal stability in Teaching from Columbia University. over the long term will be critical to the ongoing U.S. economic Columbia Law School’s Liebman, an expert recovery, Dean David M. Schizer told Reunion 2012 guests this past chapter of the National in negotiation, summer, but stimulus efforts are extremely challenging to execute Native American Law mediation, and legal effectively. Dean Schizer, who was joined on the panel by Stephen Students Association education, was one Friedman ’62, Peter C. Canellos ’67, Professor Michael. J Graetz, and was honored as of five professors to Rebecca Kysar of Brooklyn Law School, added that reforming our Chapter of the Year receive the award. Colleagues, students, housing and mortgage markets, as well as entitlement programs at the Federal Bar Association’s Indian and former students and the tax code, would represent moves in the right direction. Law Conference sent the selection “No single step will do the trick,” Dean Schizer said in assessing in Santa Fe, N.M. committee dozens of the challenges that lie ahead, including massive budget deficits Columbia Law School letters supporting her and an increasingly global economy. students also received candidacy. “No one Each panelist joining Dean Schizer for the discussion suggested individual awards at the Law School a different approach to reform, including Graetz’s support for a during the national has done more to conference. Allison provide students national consumption tax, and Friedman’s call for more effective, Neswood ’13 was with meaningful easier-to-understand regulation. named the 2011–2012 2L experiential learning Bad risk management on the part of financial institutions was a of the Year, and Caitlin than Professor major factor in the financial crisis, said Friedman, who is chairman Smith ’12 earned first Liebman,” wrote of the private equity firm Stone Point Capital. He added that place in the 11th Annual Dean David M. regulation is crucial to ensuring the stability of the financial system. NNALSA Writing Schizer in his letter Competition. Precious nominating Liebman Despite the more than $860 billion that the federal government has Benally ’13 was elected for the award. • spent to stimulate the economy, the dean noted that the U.S. saw only NNALSA president for a 1.5 percent growth in 2011. The country’s $1.3 trillion deficit, he said, 2012–2013, taking over is approximately 11 percent of the country’s gross domestic product, that post from recent and roughly 13 million Americans are out of work. While there may be Law School graduate Join Columbia Law no simple answers or easily achieved panaceas waiting around the Shawn Watts ’12. • School Alumni corner, Dean Schizer concluded by noting that deficit reduction and on Facebook. economic stimulation are both vital to economic recovery. “The deficit law.columbia.edu/ mag/fb will decline only if the economy starts to grow,” he said. •

LAW.COLUMBIA.EDU/MAGAZINE 9 news & events

PROFESSOR GILLIAN E. METZGER Dean Addresses Metzger Discusses New Students Tax Power at ABA Annual LIBYAN AND TUNISIAN Meeting at Orientation OFFICIALS THE J.D. CLASS OF 2015 AND THE LL.M. CLASS OF 2013 BEGIN DISCUSS THEIR STUDIES IN MORNINGSIDE HEIGHTS. TRANSITION Professor Gillian E. Metzger ’95 took part Dean David M. Schizer welcomed the J.D. Class of 2015 and the Libyan Supreme Court in a panel discussion LL.M. Class of 2013 to Columbia Law School this past autumn. In Chief Justice Kamal on the limitations his address to more than 600 incoming students, Dean Schizer, Bashir Dhan visited of congressional the Law School this who has led the Law School for more than eight years, stressed power during the past fall to discuss the the unique benefits of a legal education and the important role law 2012 American Bar difficulties that arise plays in improving numerous facets of society. Association Annual when governments Meeting this past “[T]he legal profession is the steward of the rule of law, which transition to autumn in Chicago. is the bedrock of our freedom and prosperity,” he said. “In order democracy. Said Metzger, the Stanley for citizens to make their own choices and to live free and Mechichi, Tunisia’s H. Fuld Professor of state secretary for independent lives, the law must be clear and predictable, and Law and Law School reform in the Ministry rights must be rigorously enforced. . . . Lawyers obviously are the vice dean, spoke about of the Interior, joined heart and soul of this effort.” how Congress’ tax Dhan for a panel power played a role Dean Schizer went on to highlight several graduates of Columbia discussion co-hosted in the U.S. Supreme Law School who have acted on that ideal. In particular, he noted by Professor Katharina Court’s decision to that U.S. Solicitor General Donald B. Verrilli, Jr. ’83 and U.S. Attorney Pistor, director of the uphold the individual Columbia Law School General Eric H. Holder, Jr. ’76 had once sat in the very seats soon mandate portion of Center on Global to be occupied by those in attendance. In addition, judges such the Affordable Care Legal Transformation. as Ruth Bader Ginsburg ’59, Roderick L. Ireland ’69, Hironobu Act. As co-counsel on Libya and Tunisia Takesaki ’71 LL.M., and Susan Denham ’72 LL.M. continue to build on an amicus brief filed both experienced in the case by a group Columbia Law School’s long-standing legacy of judicial service. government overthrow of law professors in Ultimately, Dean Schizer stressed that Law School students during the Arab Spring January 2012, Metzger should make every effort to find something they love to do that period, and both argued that the Dhan and Mechichi also makes a valuable contribution to the world. minimum coverage elaborated on the “[W]e all have different tastes, strengths, and values, so in provision falls within challenges those the coming years, you have to figure out what you love to do,” Congress’ tax power. • countries face with he noted. “Columbia is an ideal place to start looking for your respect to holding professional passion.” elections, drafting The 364 students in the J.D. Class of 2015 were chosen from more constitutions, and than 6,500 applicants. More than 50 percent of the class scored in reforming previously web exclusive the 99th percentile of the LSAT exam, and more than 30 students existing laws. • Review the amicus brief Metzger helped draft already hold advanced degrees. Students in the LL.M. Class of 2013 for the ACA case. come to Columbia Law School from more than 50 countries, with law.columbia.edu/ the largest groups hailing from China, Japan, and Brazil. • mag/aca-brief

“The Bo Xilai case has widely been viewed in China as a victory for those pushing for further legal reforms. Yet the case also reveals a central charac- teristic of the legal system: It is largely irrelevant when it comes to the most sensitive cases in China.” —Professor Benjamin L. Liebman

10 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 news & events

FELICE K. SHEA AND GEORGE WHEELER MADISON

RICHMAN Madison and CENTER HOSTS TAX EHUD OLMERT REFORM Shea Receive PANEL Former Professor Michael J. Israeli Prime Graetz and two other Minister Visits leading tax scholars Wien Prize met this past fall for Law School a panel discussion THE AWARDS CEREMONY HIGHLIGHTED THE NEED FOR PUBLIC SERVICE IN LAW, WITH A SPECIAL FOCUS ON THE PLIGHT OF hosted by the Richard THOSE SUFFERING POST–HURRICANE SANDY. Paul Richman Center for Business, Law, The Center for Former Treasury Department General Counsel George Wheeler Madison ’80 and and Public Policy. The Israeli Legal Studies participants discussed former New York State Supreme Court JusticeFelice K. Shea ’50 were honored as welcomed Ehud various ideas for Olmert to Jerome the 2012 recipients of the Lawrence A. Wien Prize for Social Responsibility during altering the U.S. tax Greene Hall this past a luncheon at the Pierre Hotel in Manhattan this past autumn. The Wien Prize, code to advance the November as part of named for the late Lawrence A. Wien ’27, is presented each year to alumni who nation’s best interests. the Milbank, Tweed, “The status quo is not have worked to enhance the public good. This year’s event was dedicated to the Hadley & McCloy possible,” said Graetz. Faculty-Student victims of Hurricane Sandy, and, during his opening remarks, DeanDavid M. “Haircuts on taxes Intellectual Life Series. Schizer noted that the Law School donated food to City Harvest for those in need. won’t do enough. We Olmert, who served Professor Robert J. Jackson Jr., who previously worked for Madison, have to do something as prime minister big.” Visiting faculty provided a warm introduction for the event’s first honoree. Madison took on of Israel from 2007 member Mihir Desai to 2009, discussed the role of general counsel of the Treasury Department in 2009 and helped and Andrew Stern, recent developments to draft and implement the Dodd-Frank Wall Street Reform and Consumer a senior fellow at in the Middle East, Protection Act. He also advised the solicitor general’s office on its defense of the the Richman Center, as well as Israel’s joined Graetz on the relationship with the Affordable Care Act before the U.S. Supreme Court. panel. Suggestions U.S. In addition to his Shea, who was introduced by her granddaughterZoe Shea ’11, said that it was for increasing revenue time as head of the common in her day for female lawyers to move toward public interest, since law and combating the Israeli government, firms did not often hire women. However, Shea always intended to work in public national debt ranged Olmert served as a from a tax on carbon cabinet minister for service and began her career at The Legal Aid Society’s Harlem office. She went on dioxide emissions to seven years, and as the to serve on the New York State Supreme Court bench for more than two decades enacting a national mayor of Jerusalem for and, after her retirement, returned to The Legal Aid Society as a volunteer.• value-added tax. • a decade. •

SEXUALITY AND GENDER LAW CLINIC FILES BRIEF IN DOMA CASE

The Columbia Law School Sexuality and Gender Law Clinic recently filed a brief with the U.S. Court of Appeals for the 2nd Circuit arguing that the Defense of Marriage Act (DOMA)—a federal statute that defines marriage as a union between a man and a woman—is unconstitutional. “One of the Constitution’s most significant promises is that government will not single out certain groups for disfavor unless there is a legitimate reason for doing so,” Professor Suzanne B. Goldberg, co-director of the clinic, said in reference to the brief. This past fall, the 2nd Circuit held that the statute violated the U.S. Constitution, and the U.S. Supreme Court announced in December that it will hear the case in 2013. • PROFESSOR SUZANNE B. GOLDBERG

LAW.COLUMBIA.EDU/MAGAZINE 11 news & events

MARY JO WHITE National Security Event Focuses on Combating New Center Terrorism DEAN to Highlight SCHIZER Mary Jo White ’74 TAPPED FOR recently visited NYC BAR Columbia Law School TASK FORCE Public Law for a discussion on THE CENTER FOR CONSTITUTIONAL GOVERNANCE WILL national security law, Dean David M. Schizer FOSTER AN INTERACTIVE NETWORK OF PUBLIC LAW ALUMNI during which she was recently named AND PROFESSIONALS. stressed the need to the New York City for a wide range Bar Association’s Columbia Law School’s Center for Constitutional Governance of tools to address Task Force on New debuted this past summer under the leadership of Gillian E. threats from al-Qaeda. Lawyers in a Changing Speaking before a Profession. He is Metzger ’95 and Trevor W. Morrison ’98. The new center will packed audience, joined by more than strengthen the Law School’s existing presence in the public White drew from nine 30 members of the law community by sponsoring cutting-edge workshops and years of experience legal community in conferences on constitutional law issues, while also serving as as a U.S. Attorney for a combined effort to an interactive forum for graduates who have dedicated their the Southern District address what City Bar careers to public law and government service. of New York, a role in President Carey Dunne which she prosecuted referred to as “the The center will attract constitutional scholars and visiting dozens of terrorism plight of the young professors to Columbia Law School, as well as increase the Law cases. “I don’t believe lawyer,” which includes School’s influence in the fields of comparative public law, public legal prosecutions navigating challenges international law, and transnational law. are the only way to of the current job As co-directors, Metzger, the Stanley H. Fuld Professor of combat this threat,” market. “[T]he time has Law, and Morrison, the Liviu Librescu Professor of Law, will she said, adding that come for the leaders focus their energies on issues related to government structure, the military is also of our profession to largely responsible for respond,” said Dunne in governmental relationships, federalism, and separation of addressing national announcing formation powers. Both professors are recognized as leading scholars in security concerns. • of the new task force. • the field of public law. •

GUHA DELIVERS LECTURES ON THE STATE OF INDIAN DEMOCRACY

Browse photos from the three-day event. view more law.columbia.edu/mag/guha-photos PROFESSOR JAGDISH BHAGWATI AND RAMACHANDRA GUHA DURING THE DISCUSSION AT COLUMBIA UNIVERSITY’S LOW LIBRARY

12 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 news & events

Friends and Colleagues

Gather to Honor Graetz Discusses Energy Policy Richard Gardner at National This past spring, more than 100 prominent Press Club graduates joined family and friends at a Law School celebration honoring Professor Richard N. Gardner, who retired from teaching in 2012. The two-day, invitation-only event, titled Professor Michael J. “The Challenges We Face,” featured panel Graetz, the Columbia Alumni Professor discussions on various pressing international of Tax Law and the issues, including human rights and global trade. Wilbur H. Friedman In introducing Gardner, John H. Coatsworth, Professor of Tax Law, the Provost of Columbia University and former recently delivered a speech at the dean of Columbia’s School of International and Public Affairs, marveled at LAW SCHOOL National Press Club in the breadth of the longtime professor’s accomplishments. STUDENT Washington, D.C., on “No one else I know has managed to be a scholar, lawyer, teacher, policymaker, EARNS GOLD the past and future of the U.S. government’s economist, diplomat, institution builder, comedian, and raconteur—all without IN LONDON energy policies. resorting to reincarnation,” Coatsworth said. Graetz argued that Caryn Davies ’13 won the country’s energy Gardner first began teaching his renowned Law School seminar, Legal her third Olympic policies have been Aspects of U.S. Foreign Economic Policy, more than five decades ago. He medal this past stymied by political summer as a member is both a leading expert on international law and a skilled public servant. pandering and of the U.S. women’s During his years at the Law School, Gardner took time away from teaching misguided initiatives, rowing team. Davies among other to serve as U.S. ambassador to Italy during the Carter administration, and competed in the challenges. The speech President Bill Clinton later appointed him as U.S. ambassador to Spain. women’s eight event drew upon material along with eight During a lunchtime address, Zbigniew Brzezinski, the national security included in a spring teammates, and the adviser to President Jimmy Carter, praised Gardner’s scholarly work for 2012 essay, titled group finished a “Energy Policy: Past having “anticipated both the challenges of the emerging post-colonial and half-length ahead of or Prologue,” which post-imperial world and the need for an enlightened response.” the Canadian team Graetz published to earn a gold medal. Gardner’s wide-reaching legacy as a teacher became especially apparent in , the Davies also earned Dædalus during the event’s panel discussions, as participants included former students quarterly journal of the a gold medal in the American Academy of who went on to successful careers in law, business, government, and the women’s eight at Arts and Sciences. • nonprofit sector. the 2008 Beijing During one discussion, Paul A. Volcker, the former chairman of the Olympics, and she won a silver in Federal Reserve, praised Gardner for his commitment to teaching—and the same event at to his students. the 2004 Games view more “Year after year, he told me with great confidence that each successive in Athens. • Watch a video of Gardner seminar has attracted ever more capable students with ever more Professor Graetz’s recent speech. brilliant prospects,” Volcker said during his presentation at the event. “That law.columbia.edu/mag/ should be a source of confidence about the future of the world.”• graetz-pressclub

“With three ballot-box wins on election day for marriage recognition and one against a gay marriage ban, as well as a raft of federal appeals court decisions striking down the Defense of Marriage Act, the days of marriage inequality may be coming to an end in some parts of the U.S.” —Professor Suzanne B. Goldberg

LAW.COLUMBIA.EDU/MAGAZINE 13 news & events

MICHAEL B. OREN Israeli Law School Ambassador and Former Supreme Court Launches Center President Visit Law School for International

Israel’s ambassador Arbitration to the United States, Michael B. Oren, This past year, Professor George expert in the field. Bermann, who recently spoke to a A. Bermann ’75 LL.M. founded credits deVries and Smit as catalysts packed audience at the Columbia Law School’s Center for for his interest in arbitration, contin- Law School about the relationship between International Commercial and ues to build on the solid foundation Israel and the U.S. Investment Arbitration Law. The those former colleagues created. During his talk, which CIA GENERAL new center further enhances the Law The center will advance the Law was hosted by the Law School’s long-standing position at School’s unmatched reputation for School’s Center for COUNSEL Israeli Legal Studies, HOLDS the forefront of international arbi- academic excellence in international Oren described the FORUM AT tration teaching and scholarship. arbitration by organizing, among two countries as LAW SCHOOL “Columbia is in the enviable posi- other endeavors, a distinguished sharing spiritual ties, tion of launching its new center with speaker series, a workshop series a strategic alliance, Stephen W. Preston, an outstanding array of programs and drawing upon scholars and practi- and a commercial the chief legal connection. A few officer at the Central activities—and thus with an excep- tioners in residence, and a special months later, Aharon Intelligence Agency, tionally high profile in international annual lecture. Barak, former recently spoke at a arbitration already in place,” said Additional faculty members and president of the Israeli closed-door forum Bermann, who is the Jean Monnet researchers contributing their Supreme Court, visited for students, faculty, the Law School to alumni, and invited Professor of EU Law and the Walter expertise to the center include discuss human rights guests at Columbia Gellhorn Professor of Law. “However, Adjunct Professors Robert Smit ’86 issues. Barak, who Law School. (His the center will not merely consolidate and Alejandro M. Garro ’90 J.S.D., served on the Israeli remarks have all of the Law School’s strengths; it in addition to Lecturers-in-Law Supreme Court for since been made 28 years, maintained public.) In Preston’s will attract new energies and give O. Thomas Johnson and Ian Laird. that applying presentation, titled impetus to fresh initiatives that make International investment law expert proportionality to law “CIA: Lawless is key in defending an already vibrant situs for education Anthea Roberts, a visiting professor Rogue or Regulated and research in international arbitra- for the 2012–13 academic year, human rights while also Business?” he advancing important discussed how CIA tion still more vibrant.” will also join the distinguished state interests. • activities, such International arbitration became a group. The new center will work in as the raid on major field of teaching and scholar- coordination with the Vale Columbia Osama bin Laden’s ship at Columbia Law School in the Center on Sustainable International compound, are view more stringently reviewed 1960s and 1970s, when Professor Investment, which, under the See photos from and approved. • Henry P. deVries began teaching the leadership of Lecturer-in-Law Karl the Law School visits topic. Professor Hans Smit ’58 LL.B. P. Sauvant, has staged conferences by Oren and Barak. law.columbia.edu/ joined deVries in the ’60s and became on international investment law and mag/oren-barak a widely hailed and well-respected arbitration, among other topics. •

“If guidelines on targeted killings by drones are codified, it is likely that top officials will, at some point, make the decision to reveal key details on standards and procedures. That would be a good thing for democracy, the rule of law, and national security interests.” —Professor David Pozen

14 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 news & events

PROFESSOR TIM WU Tim Wu Honored PAUL G. GARDEPHE, ROBERTA A. KAPLAN, ANDREW J. LEVANDER, AND EDWARD SOTO by World Economic Forum Reunion 2012

The World Economic Forum has selected Panel Focuses on Professor Tim Wu as a 2012 Young Global Leader. Wu, who recently returned to Politicization the Law School after serving as a senior adviser to the Federal Trade Commission, of Litigation is best known for his groundbreaking work As part of the Reunion 2012 weekend, several graduates gathered on network neutrality to discuss how rising political and public pressures can impact the issues and Internet course of litigation and present an array of challenges for trial lawyers. freedom. The World In an increasingly polarized political landscape, heavy media attention Economic Forum Wu selected recognized 192 people and the rise of the 24-hour news cycle can influence a trial or a from 59 counties as as one of decision in ways not anticipated in the past, according to participants. Young Global Leaders “The problem is the atmosphere we live in generally,” said Roberta for their professional 192 A. Kaplan ’91, a partner at Paul, Weiss, Rifkind, Wharton & Garrison. achievements and YOUNG GLOBAL “We live in a world of instantaneous news, of Twitter, of cable news commitment to LEADERS that, in my opinion, is not really news. It’s not unbiased.” shaping the future. • Judge Paul G. Gardephe ’82 of the United States District Court for the Southern District of New York moderated the panel, which also included Andrew J. Levander ’77 and Edward Soto ’78. According to Levander, who is chairman of Dechert, the increased presence of politicization can impact many different HARVEY GOLDSCHMID aspects of the judicial process. And as the media and the general REAPPOINTED AS IFRS public become more involved in the day-to-day progression of FOUNDATION TRUSTEE litigation, he noted, judges and litigators may find themselves being influenced by the same pressures as everyone else. They are Professor Harvey J. Goldschmid ’65, the Law “only human,” Levander said. School’s Dwight Professor of Law, was recently While the panelists agreed that the impact of politicization on reappointed as a trustee of the IFRS Foundation, litigation is usually not a positive one, Soto, a partner at Weil, Gotshal & the oversight committee of the International Manges, warned that lawyers cannot ignore its potential impacts. Accounting Standards Board (IASB) in London. “This is a factor that any good litigator needs to take into As an independent subset of the IASB, the account,” he said. “There are a number of consultants at major law foundation works to develop a transparent set of international financial reporting standards and firms whose job it is to give you the background information you to promote adherence to those standards. This need to be able to—for lack of a better phrase—understand or will be Goldschmid’s second term as a trustee. • play that piece of the puzzle.” •

LAW.COLUMBIA.EDU/MAGAZINE 15 SeeColumbia Law School students excel outside the classroomAlso: BY JOY Y. WANG Gabrielle Wolf ADDING VALUE

As a summer associate in the general counsel’s office at Credit Suisse after her first year of law school, Gabrielle Wolf ’13 witnessed the impact securities law can have on people’s lives. “It brought a lot of color to the financial regulatory issues that have been in the news,” says Wolf. “With the tax and white-collar defense cases, there was much more on the line than just money. Careers were at stake.” An added challenge, Wolf notes, was that many of the cases she was helping to contest were crafted by some of the government’s top lawyers. “One day it might be interesting to switch over to the prosecutorial side,” says Wolf, who delved into corporate legal practice at Skad- den, Arps, Slate, Meagher & Flom this past summer. At the Law School, she served as political chair for the Columbia Law Women’s Association. Wolf has also focused on using her legal skills to make a lasting impact on New York City. The Barnard graduate helped draft the employee manual for Harlem’s new Global Community Char- ter School and worked closely with both the head of the school and its executive board to help make their educational vision a reality. “The experience taught me how much flexibility there is within a school’s education system to meet certain goals and community needs,” says Wolf. “I hope the school will help students realize they have opportunities within their reach and can add value to the world.”

16 COLUMBIA LAW SCHOOL MAGAZINE SPRING 2012 PHOTOGRAPHED BY DAVID YELLEN David He REACHING OUT

David He ’13 received a As a law student, He imme- behind-the-scenes preview diately sought out expert of work at a corporate law sources for guidance and firm even before arriving at took advantage of various Columbia Law School. He, mentorship opportunities, who has a background in including the Law School’s applied economics, worked as Peer Mentoring Program, a client development analyst which pairs incoming in the New York City office of students with those in their Cleary Gottlieb Steen & Ham- second and third years of law ilton, where he reported on school. Those experiences developments in Asian capital were so beneficial that, a year markets, in addition to han- later, He made it a point to dling other tasks. At Cleary, serve as a peer mentor to 14 whether he was compiling a incoming students. “That first report on competing firms year of law school is such a or trying to plan out an ideal stressful and uncertain time,” career path, He relied on the he says. “We’ve all gone advice of his direct supervisor. through the same thing, so “I could count on him to it’s instinctual to want to help me talk through all my reach out and help.” thoughts but to not push me He’s commitment to men- in one direction or the other,” toring has also crossed over He says. Based on that bal- into his work as co-president anced advice, He felt certain of the Columbia Business that pursuing a career in law and Law Association. During would be his best move. his second year at the Law School, he launched the organization’s mentoring program, which pairs 60 first-year students with 15 student mentors through a comprehensive survey and matching system. “What is most helpful is impartial advice,” explains He, who plans to practice corporate law at Davis Polk after graduation. “I realized that as a mentor you don’t always have to provide the answers—the importance lies in outlining the options.”

LAW.COLUMBIA.EDU/MAGAZINE 17 Merim Razbaeva GLOBAL IMPACT

A native of Kyrgyzstan, Merim Razbaeva ’13 LL.M. speaks frankly about the corruption that can plague the small Central Asian nation that is home to about 5.5 million people. The country has experienced two political revolutions in the past seven years, and, she notes, in the midst of instability, some government officials have taken to enriching themselves at the expense of the greater good. “If the government won’t defend the public interest,” she says, “it’s necessary to put rules in place to make sure investment in Kyrgyz- stan’s emerging market is in the interest of the country.” As an attorney at the University of Central Asia, an international treaty–based organization, Razbaeva encountered difficulty in getting answers from government agencies on questions about taxation and implementation of the treaty. “I understood that I didn’t have enough knowledge, but there was no one to talk to or ask for advice,” she says. Razbaeva decided to take matters into her own hands by pursuing an LL.M. at Columbia Law School. During her first days on campus, she attended a discussion on international investment law. After the event, Razbaeva approached one of the speakers to chat. She was excited to find that the panelist had not only visited Kyrgyzstan, but also advised the country on its successful efforts to join the World Trade Organization. At the Law School, she has focused on gaining the legal expertise necessary to facilitate development in the Eurasian region. “I’m looking forward to practicing at an international law firm and working across multiple legal systems,” Razbaeva says.

18 COLUMBIA LAW SCHOOL MAGAZINE SPRINGWINTER 2012 2012 Adam Brunk TEACHING SUCCESS

Adam Brunk ’13 generally Irell & Manella Prize. The spends his weekdays award honors students who like the average law demonstrate outstanding student—juggling a busy leadership in the Columbia schedule that includes Law School community. classes, study time, and This spring, Brunk heads work on various projects. His to Paris, where he will Saturday mornings during complete his last semester the school year have been as part of the Law School’s less typical. While most of Global Alliance program at Brunk’s classmates were the University of Paris I and catching up on rest, he Sciences Po. Much of his headed back to lecture halls time abroad will be spent on campus. As a teacher for learning the intricacies of and then vice president of European law, a topic he has the Law School’s High School explored as articles editor Law Institute, he helped train for the Columbia Journal of more than 120 high school European Law. students each weekend on While overseas, Brunk the basics of criminal law, will take a break from constitutional law, and the teaching, but he hopes to mock trial process. remain involved with educa- “The experience really tion issues after law school. “I teaches you patience,” says could see running for a school Brunk, who spent two years board position,” says Brunk, working as a middle school who will join Gibson, Dunn & science teacher before start- Crutcher in Manhattan after ing law school. “It’s about graduation. “I want to be able learning how to be a better to give back in that way.” communicator so that the person you’re speaking with understands you and isn’t left with a ton of questions.” For his efforts, Brunk earned the Law School’s

LAW.COLUMBIA.EDU/MAGAZINE 19 setting the bar COLUMBIA LAW SCHOOL INNOVATIONS

On Guard professor c. scott hemphill connects scholarship with government service as head of new york’s antitrust bureau

BY JOY Y. WANG

ON A RAINY TUESDAY AFTERNOON in early autumn, about half something about it,” says Hemphill. “It’s great when an investi - a block south of the now-famous Zuccotti Park, Professor C. Scott gation is firing on all cylinders, and we’re figuring out what actu- Hemphill strides into a 26th-floor conference room located in Manhat- ally happened based on documents and interviews and coming tan’s Financial District. The antitrust and intellectual property expert to a conclusion about it all.” seems as comfortable in this utilitarian government office as he does Hemphill brings to the position a deep understanding of both in the classrooms of Jerome Greene Hall, where he returned every law and economics. He clerked for Judge Richard A. Posner of the Wednesday evening this past fall to teach a course on antitrust law. 7th Circuit Court of Appeals, and then for U.S. Supreme Court Jus- Hemphill began serving as chief of the New York State attorney tice Antonin Scalia from 2003 to 2004, before earning a doctorate general’s antitrust bureau in early 2012, and he makes the transi- in economics from Stanford University. Since joining Columbia tion from government lawyer to energetic instructor appear as Law School, his work has focused on the interplay between inno- easy as a quick subway ride uptown. vation and competition in the marketplace, and he has written “I teach students that articles about the generic pharmaceutical industry, as well as how talking about antitrust copyright infringement affects the fashion industry. is storytelling in a way,” Now, in the attorney general’s office, Hemphill uses his exper- he explains. “How you tise to solve real-world problems. He takes on cases that often talk about and shape begin with initial complaints of antitrust activity, which then trig- the facts has a powerful ger the investigation process, and, at times, end with high-drama effect on the outcome of courtroom litigation. the case.” Hemphill’s stu- “Antitrust is intellectually quite fulfilling and frequently offers dents put that lesson to the opportunity to jump into an unfamiliar industry and find out work by grappling with what makes it tick,” says Hemphill. “From the standpoint of learn- a host of hypothetical ing about new industries, this job is like drinking from a fire hose.” situations drawn from His time in the attorney general’s office also dovetails with his the kinds of conduct scholarly work. Hemphill is currently collaborating with Colum- he investigates in New bia Law School Professor Tim Wu on an article analyzing parallel York’s antitrust bureau. exclusion, the term used when several players in one industry—for While his day-to-day instance, credit card companies or pipe makers—act collectively to work in the antitrust prevent entrance by competing outside parties. office adds depth to his In discussing antitrust concepts, Hemphill draws from a deep teaching, it also fulfills well of scholarly and practical knowledge. He segues easily between Hemphill’s long-held desire to engage in public service. So when explaining how a group of fashion designers in the 1930s set up a Attorney General Eric T. Schneiderman offered him the job, the deci- guild to prevent piracy of their designs to detailing how regulations sion to take on the new role came naturally. The East Tennessee affect generic drug companies. Then Hemphill quickly brings the native now oversees the work of 14 government antitrust lawyers, as conversation back to the recent economic downturn, noting the well as a chief economist. Occupy Wall Street protestors camped out in the park nearby. “The most exciting part of [my work in the antitrust bureau] “Now more than ever,” says Hemphill, “robust competition is is the chance to uncover anti-competitive activity and to do important, because it is the path to economic growth.”

20 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 ILLUSTRATION BY RETROROCKET faculty focus EU LAW

Connecting the Dots professor anu bradford brings a rigorous, incisive approach to the study of international trade law and the european union

BY KAITLIN BELL BARNETT

PROFESSOR ANU BRADFORD’S desk in Jerome Greene Hall is covered tional law entails, and how international law ought to be inter- with grim news articles about the economic fate of Europe. preted,” she says. Because countries’ interests often diverge, she adds, Bradford, an expert in European Union law and international trade international law is more contested than generally acknowledged. law, spends a great deal of time thinking about the gap between what A native of Finland, Bradford credits her time living and working in Europe’s economic situation calls for and what political institutions EU member nations with enhancing her understanding of the dynamics can deliver. While some commentators have asserted that Europe that shape decision making on the world stage. As a 20-year-old study- is an inherently weak entity that can barely handle its own prob- ing law in Helsinki when Finland joined the European Union in 1995, lems, she cautions against such generalizations. Bradford says she was inspired by the promise of Bradford says those viewpoints, for instance, a common European market and open borders. ignore an important, and enduring, source of She later worked as an adviser to members of the continent’s power: the global influence of both the Finnish and the European parliaments the EU’s stringent regulatory standards. before practicing international antitrust law at Companies that want to do business with Cleary Gottlieb Steen & Hamilton in Brussels. Europe’s 500 million consumers must comply Bradford was drawn to academia in America, with the EU’s regulations regarding issues of she says, because of the emphasis on critical think- health, food safety, privacy, and the environment. ing and the intellectual push and pull between And, as Bradford explains in an upcoming law professor and student. During the past decade, review article, it is often cheaper and more effi- she has built a distinguished academic career in cient for corporations to adjust their worldwide the United States—including stints at Harvard business practices to the strictest regulations. and the University of Chicago Law School. “That gives the EU great leverage,” says Brad- In addition to time spent teaching in the U.S., ford, who joined the Law School faculty this past Bradford also serves on the board of the Finnish summer. “It is often in the position to set not just Innovation Fund. In 2010, she was named to the rules for the EU, but for the global markets. A lot of the rules that are World Economic Forum’s Young Global Leaders list. generated in Brussels come to shape the daily lives of companies and Bradford is quick to mention that she makes every effort to impart consumers in America and around the world.” a global legal perspective to her students, many of whom will end up For another recent project, Bradford has begun a comprehensive advising U.S. companies that must answer to regulators half a world empirical study on how liberalizing trade regulations affects enforce- away. “It’s wonderful,” she says, “to follow the careers of my students and ment of antitrust laws in more than 100 countries. Her scholarship receive messages about how they’ve ended up in Brussels, or in Geneva, often highlights the way domestic preferences and constraints influ- and to see them putting into good use what they’ve learned here.” ence nations’ behavior in the global arena. Bradford argues that every powerful nation attempts to shape international law to fit its national KAITLIN BELL BARNETT has written for The Boston Globe and interests. “Countries often have their own notion of what interna- Parents magazine, among other publications.

BRADFORD’S WORK HIGHLIGHTS HOW DOMESTIC PREFERENCES AND CONSTRAINTS INFLUENCE NATIONS’ BEHAVIOR IN THE GLOBAL ARENA.

ILLUSTRATION BY DEAN ROHRER LAW.COLUMBIA.EDU/MAGAZINE 21 profiles in scholarship CURTIS J. MILHAUPT

Double Play for curtis j. milhaupt ’89 , advanced research on japan and other asian nations allows for a more nuanced view of legal systems both at home and abroad

BY PETER KIEFER

PROFESSOR CURTIS J. MILHAUPT ’89 can lish Milhaupt’s latest paper, which focuses on the recall with crystal-like clarity the first time he structure of state-owned enterprises in China and wandered the streets of the Shinjuku section of received mention in two issues of The Economist. Tokyo. He was an undergraduate at the Univer- In discussing his work, Milhaupt notes that sity of Notre Dame and had just arrived in Japan he takes advantage of every opportunity to talk on his first trip to Asia. Milhaupt was not carrying about his research with colleagues at the Law a map, did not have the address of his host family, School, and with students in the classroom. “We and had only studied Japanese for a few months. have such an incredibly diverse and worldly stu- It was absolute bliss. dent body,” he says. “I feel very privileged to be “For a 19-year-old kid from a small town able to teach and exchange ideas with students. in Wisconsin, Tokyo was about as different as This is a real motivation for me as a professor.” you could get,” says Milhaupt from his office When not teaching or, for instance, engaging in Jerome Greene Hall. “I guess you might say in research on the mechanisms of Chinese state that I like being disoriented.” capitalism, Milhaupt says he invariably finds Much has changed since that day in 1981, for both Milhaupt—the himself around baseball diamonds. His teenage son, Conrad, a tal- Law School’s Parker Professor of Comparative Corporate Law and ented shortstop and pitcher, plays for several traveling teams that com- Fuyo Professor of Japanese Law—and for the country that quickly pete throughout the New York metropolitan area. In 2011, Conrad’s became his life’s passion. When he first visited and fell in love with local squad won the district championship, which includes virtually Japan, it was still considered a developing country but was seen as all of Manhattan. being on the cusp of elevating to a position of economic power. Milhaupt attends many games, and this past summer he may have While Milhaupt earned an undergraduate degree in government been the only person with a schedule more jam-packed than that of and international studies, Japan fully emerged as a global economic his son’s teams. He visited India, then traveled to South Korea, North force. After graduating from the Law School in 1989, Milhaupt Korea, Beijing, Tokyo, and Hawaii—his late wife Terry’s home state. went to work for the New York City–based firm Shearman & “ONE BENEFIT OF BEING A COMPARATIVIST IS GAINING A Sterling in its sovereign debt and mergers and acquisitions DEEPER UNDERSTANDING OF YOUR OWN LEGAL SYSTEM.” departments. But when an opportunity to return to Japan arose in 1992, thanks to a Japan Though much of his research tends to be outward-looking, Mil- Foundation fellowship to pursue advanced legal studies at the Uni- haupt realizes the nuanced intellectual perks of his life’s work. “One of versity of Tokyo, his trajectory towards academia was all but assured. the benefits of being a comparativist is the deeper understanding that Milhaupt began teaching at the Law School in 1999 and heads the you reach about your own legal system,” he says. “Studying a foreign Center for Japanese Legal Studies. He has published seven books during legal system exposes the assumptions—oftentimes unstated or uncon- his time in Morningside Heights and has expanded his focus to include scious—that shape our attitudes toward law.” Korea, Brazil, China, and India—his recent work explores how India, China, and other nations have achieved economic success despite the PETER KIEFER is a journalist who has written for The New York Times, absence of robust legal systems. The Stanford Law Review will pub- among other publications.

22 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 ILLUSTRATION BY STEPHEN GARDNER

THE Leading EDGE Columbia Law School graduates serving as managing partners and chairmen at some of the world’s most successful and respected law firms take a close look at the state of the elite bar. How has the economic crisis impacted large firm practice, what has changed over the years, and what’s on the horizon?

24 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 chairmen—many of them part of a new generation of management at their firms—are searching for the right strategy for the new legal environment. Some are expanding overseas in an effort to ride the global economy, while others are focused on strengthening core practices and building-out related businesses that suit the times, such as financial regulation and antitrust work. All hope that their culture, their training, and their expertise with respect to the highest-of-high-end work—complex transactions, thorny litigation matters, and the like—will give them an edge. Columbia Law School Magazine spoke with seven graduates who serve as managing partners or chairmen at some of the world’s most prominent law t has been a rough few years firms—Boies, Schiller & Flexner; Cravath, Swaine & for the legal industry. The financial crisis of 2008 hit Moore; Davis Polk; Dechert; Milbank, Tweed, Hadley Wall Street clients hard, and many law firms were & McCloy; Sullivan & Cromwell; and Wachtell, Lip- affected by that downturn. Revenue growth during ton, Rosen & Katz—as well as two top in-house general 2012 was slow, and it is unclear when, or if, law firm counsels. We wanted to get a sense of how the elite bar Ibusiness will return to pre-2008 levels. Meanwhile, is reacting to changes in the marketplace, and what cli- the risks that some firms were taking became apparent ents that use large law firms expect when it comes to when Dewey & LeBoeuf collapsed in 2012, shocking representation. Change, it seems, is everywhere. EDGE an industry unaccustomed to spectacular failures. “There used to be an oligopoly of New York firms,” Although the financial pressures are front-and- notes Joseph C. Shenker ’80, the chairman of Sulli- center, important developments within the legal van & Cromwell. “Now there is not.” Shenker ticks off industry extend beyond just economics: Globaliza- components of the current legal landscape: increased tion has meant even New York City’s top law firms globalization and competition from foreign firms, an can find themselves competing with foreign shops, oversupply of lawyers, increasing consolidation, and while technological advances have helped turn large the possibility of additional firm failures. swathes of legal work into a commodity business. “The world has changed,” echoes Dechert chair- From inside the glass-clad office buildings of man Andrew J. Levander ’77. “There is fee pressure, Manhattan’s elite law firms, managing partners and and there is a proliferation in the number of lawyers.

By Amy Feldman Photographed by Miller Mobley

LAW.COLUMBIA.EDU/MAGAZINE 25 So where firms like ours operate, and want to operate, is doing the He may be right in theory, but, in practice, it has proven cutting-edge, value-added work. If it is humdrum work, clients can extremely difficult for law firms and their clients to agree on how hire a small firm or a regional firm to do it.” to replace the billable hour. Alternatives abound, including fixed That bifurcation of the legal market has resulted in top firms rates for projects, monthly retainers, and variations on contingency vying ever harder for the plum assignments, and for the brightest fees that call for firms to provide discounts for broken deals and lost law school graduates, at a time when nationally both law school cases, but allow for a premium payment when achieving success. enrollment and demand for top-shelf legal services are down. Moving away from the billable hour is “not an entirely comfortable Against that backdrop, how does an elite firm maintain, or even notion for lawyers,” says C. Allen Parker ’83, who became Cravath’s improve on, its standing? In discussions about the future of the presiding partner at the beginning of 2013. “So you have to step elite bar, key topics—such as globalization, fee pressures, recruit- back and ask, why do we bill by the hour? It’s like democracy. It’s the ment and training, and how much (or how little) to expand—came worst system, except for everything else. We don’t always know how up again and again. So, too, did the Dewey collapse, and what it to value a law firm’s contribution, so we’ve fallen to rate-times-hours.” might signify for the legal profession. While Cravath has become more proactive about proposing While each of the seven firm leaders has made different choices alternative-billing arrangements, Parker argues that clients need to based on their own firm’s history, culture, and expertise, they understand that alternative billing is not a code word for discount. largely agreed on one thing: Many of the old ways of doing busi- “What the most thoughtful clients mean is having law firms put some ness are gone. And they are not coming back. skin in the game in the early part of the assignment,” he says. “So maybe we’ll work for 80 percent of our billable rates on a summary judgment motion, but on victory, you will pay us an amount that THE RISE OF brings us up to 120 percent of our billable rates. A bad arrangement ALTERNATIVE BILLING is: We’ll work for 80 percent, and if we win we’ll get 100 percent.” While the pressure for alternative-billing methods has been building our years ago, Evan Chesler, of Cravath, Swaine & for years, the recent economic climate brought the issue to the forefront. Moore, caused a stir with an opinion piece in Forbes, “In this environment, every client, whether they are under duress or not, titled “Kill the Billable Hour,” which argued that the is looking to control and limit fees, and to make their outside legal work way law firms charged clients made no sense—even for as productive and efficient as possible,” saysJonathan D. Schiller ’73, the lawyers. “If you are successful and win a case early on, co-founder and managing partner of Boies, Schiller & Flexner. “In that youF put yourself out of work,” Chesler wrote. “If you get bogged down effort, they are turning to flat fees and alternative-billing arrangements, in a land war in Asia, you make more money. That is frankly nuts.” and trying to get away from unbudgeted hourly billing.”

Andrew J. Levander graduated from Columbia Law School in 1977. He serves as chairman of Dechert.

26 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 C. Allen Parker graduated from Columbia Law School in 1983. He began serving as Cravath, Swaine & Moore’s presiding partner in January 2013. Jonathan D. Schiller graduated from Columbia Law School in 1973. He serves as managing partner at Boies, Schiller & Flexner, which he co-founded.

At the same time, the balance of power between firms and some In other words, at Hearst, as with most corporations, business units large corporate clients has changed, as in-house corporate legal must come up with estimates of costs and revenues, and show how departments have grown in both talent and size—with legal teams big decisions make sense for the company as a whole. A law firm that at some companies now comprising hundreds of lawyers. does not fully understand this reality, Burton argues, fails to grasp how “Everything is about navigating around business operates today. the billable hour,” says Eve Burton ’89, She shares a story about a very large firm the senior vice president and general Hearst had hired for a fixed monthly fee. The counsel at media giant Hearst Corpora- on twitter firm recently came to Burton and asked for What do seven Law School graduates tion, which now does the majority of its serving as leaders at some of the more money to account for extra hours it had legal work in-house. “It’s not just about world’s most powerful law firms see worked. “I said, ‘That’s not how we look at it,’” as the future of the elite bar? cost. It’s about the way we want to have http://ow.ly/fUcyc she recalls. “‘We can’t afford to pay any more relationships with lawyers who help us.” than this. You’ve got to change what you do to

28 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 fit the budget. You want to create a Cadillac, and I need a Volkswagen. To the extent that you want to take my VW Daniel A. Neff Bug and turn it into a sedan, you do it at your own cost.’” graduated from In some instances, technological advancements have Columbia Law School in 1977. allowed firms to change the way they offer advice, thus He serves as impacting fee arrangements. Thomas J. Reid ’87 LL.M., co-chairman of the managing partner of Davis Polk, provides an exam- the executive ple of a practice that is becoming more common within committee at the profession: The firm chose to upload elements of Wachtell, Lipton, Rosen & Katz. its advisory work on the Dodd-Frank regulations to an online database. The subscription price per client for database access is much lower than any one client would pay for advice, but the firm has not seen its profits on the work decrease, since multiple clients use the service. “In places where the delivery of advice can be effective, but does not necessarily need to be individualized, we have responded to the changing dynamic,” he says. In such instances, as with some other alternative-billing scenarios, the potential for a win-win situation exists. “If I was a client, I wouldn’t be happy if I gave a law firm something I thought was straightforward to accomplish, and it took them twice as long to accomplish it, and counsel to do more routine work, like reviewing documents. “In many therefore I had to pay them twice as much,” says Daniel A. Neff ’77, respects,” Kaden says, “the tables have really turned. For many years, the co-chairman of Wachtell, Lipton, Rosen & Katz’s executive com- the structure of the fee system at outside law firms was predicated on mittee. “It’s not wrong for lawyers to ask to be paid for the expertise rewarding inefficiency. The more people, the more time, the more they have gained over their careers, and it’s not wrong for clients to say large rocks you could hammer down into small rocks and glue back they want to pay for competence, not for things that take too long.” into large rocks, the more lucrative the assignment. Those days, for From the clients’ perspective, the issue is not only about fees, but most companies, are long gone.” about the types of projects for which companies seek assistance from The new normal is still likely to include standard hourly billing, but outside counsel, says Ellen Oran Kaden ’77, the senior vice president with alternative-billing arrangements becoming more prevalent as a and chief legal officer at Campbell Soup. With larger in-house legal viable alternative. At Boies Schiller, for example, alternative billing departments, often staffed by lawyers who worked at large law firms expanded to more than half of the firm’s total billings for the first time earlier in their careers, companies are more likely to handle in-house in 2010. At Dechert, meanwhile, the firm has begun talking with asso- work they might previously have sent out, while retaining outside ciates at an earlier stage about both alternative billing and business development. And none of the firm leaders interviewed, even those who expect that their own firms will continue to predominantly bill by “In this environment, the hour, would dismiss the shift out of hand. every client, whether EXPANSION: WHY? WHERE? HOW? they are under duress or uring the boom years, many large law firms rushed to add overseas offices, but even in tougher times some not, is looking to control remain committed to building their business abroad. Among the elite firms, there are primarily two distinct and limit fees, and to ways to confront globalization: Some are continuing to expandD abroad, particularly in major financial centers such as Hong make their outside legal Kong and Frankfurt, while others are sticking to core practices at home, or partnering with foreign firms on an as-needed basis. The first work as productive and strategy addresses globalization head-on, but can be riskier—global markets could shift, and there are inherent costs that go along with efficient as possible.” opening far-flung offices and finding the right lawyers to staff them. —JONATHAN D. SCHILLER ’73 At one end of the spectrum is Dechert, with more than 900 lawyers and 26 offices, as far afield as Dubai, Almaty (Kazakhstan), Tbilisi (Georgia), Luxembourg, and Dublin. “We have tried to position ourselves as doing really high-quality, cutting-edge work in the global arena—cross-border transactions, cross-border litigation, arbitra- tions—so some of the offices we have opened are part and parcel of that strategy, and some are more fortuitous,” Andrew Levander says.

LAW.COLUMBIA.EDU/MAGAZINE 29 Mel M. Immergut graduated from Columbia Law web exclusive School in 1971. Read Mel Immergut’s one-on-one He serves as conversation with chairman of Professor Michael Sovern. Milbank, Tweed, law.columbia.edu/mag/immergut Hadley & McCloy.

“The model where you have under one roof one of the best Dutch tax lawyers and one of the best Chinese competition lawyers is an expensive proposition,” he says. “I don’t know how the other firms are doing, but I hear enough grumbling that certainly, for now, we’re very comfortable not having got- ten involved in geographic expansion.” Milbank is in the middle of the pack when it comes to overseas expansion. It has 11 offices and one-quarter of its lawyers work outside the U.S., but the firm is moving cautiously. It has experienced both successes abroad, such as its office in São Paolo, and failures, such as its Moscow office, which was shuttered in the wake of the 1998 ruble crisis. “We are very careful in making the decision to open an office, and we spend an inordinate amount of time deciding which new location fits within our global strategy,” says Milbank Chairman Mel M. Immergut ’71. “Since we have a relatively small number of offices compared with many firms, it’s about being in the right places.” Beyond geography, the shifting legal environment has also led some firms to consider adding new practice areas, or to shift focus in the direction of legal fields that are especially Similarly, Sullivan & Cromwell has 12 offices—including those in relevant at the moment. But those decisions involve numerous variables, Frankfurt, Hong Kong, and Tokyo—and has added practices in the laws as well as an array of considerations that are unique to each firm. “We are of the U.K., France, Germany, and Hong Kong. The firm, which earns not looking to pick up some unrelated area,” says Wachtell’s Neff. “We nearly half its revenues from non-U.S. clients, has long had a program just don’t see it. We’re not interested in growth for the sake of growth. that allows foreign lawyers to spend time at the New York City office. It’s got to support our core practices.” “The challenge we all have as the world becomes more global, and Other firm chairmen also noted the importance of pursuing prac- New York becomes less of the dominant financial center, is how do tice areas that either were integral to their core businesses or that made you remain globally relevant?” Joseph Shenker says. “That’s the big sense for long-term growth. Sullivan & Cromwell, for example, has picture. We need to make sure that we are not insular. For a firm like expanded in the areas of intellectual property and international tax ours, which specializes in global transactions, we need to compete enforcement. Dechert, meanwhile, is expanding its white-collar crime with the European law firms and, in time, the Chinese law firms.” practice (adding a group in London focused on the U.K. Bribery Act), At the other end of the spectrum, consciously going against the trend and in the fields of international arbitration and global M&A. toward opening foreign offices, is Cravath, which operates out of locales Davis Polk recently expanded its Washington, D.C., office to grow in just two cities: New York City, where the bulk of the partners practice, its antitrust and financial regulatory practices—enforcement work has and London. When the firm’s work requires more foreign expertise, been a hot area since the economic crisis. “Expansion is always going to Cravath teams up with a foreign firm, such as Slaughter and May in the be constrained by our core practice areas, or adjacent essential practices U.K. “We obviously understand that there’s a lot of globalization going to the core,” says Davis Polk’s Thomas Reid. So, for example, its expan- on, but we have made a decision that our clients are best served by hav- sion in Washington, D.C., has included a partner to do work related to ing us focus on the things at which we are best,” Allen Parker says. the Committee on Foreign Investment, which reviews transactions that Wachtell’s Daniel Neff, similarly, argues against opening overseas have the potential to result in control of U.S. businesses by foreign coun- offices, raising the question of whether an office of a U.S. firm abroad tries. “We had not had that practice before, but because we saw foreign can adequately maintain the culture and caliber of its headquarters. investment in the U.S. become larger and larger, we added it,” says Reid.

30 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 Eve Burton graduated from Columbia Law School in 1989. She serves as senior vice president and general counsel at Hearst Corporation. Joseph C. Shenker graduated from Columbia Law School in 1980. He serves as chairman of Sullivan & Cromwell. While macro-level developments in the U.S. and internationally can be useful in assessing opportunities for increased profits, leaders at elite New York City firms tend to be skeptical when it comes to taking on trendy or unproven niche areas of practice. With respect to development and growth through the recruitment of young attorneys, many firm leaders reported that the current economic climate has resulted in a seemingly counterintuitive reality. In a difficult market that includes more lawyers than jobs, it would be easy to assume that law firms have the upper hand with respect to hiring. But these partners say that the competition for the best law school graduates, from Columbia Law School and elsewhere, has never been tougher. Milbank is spending “more time, money, and effort” recruiting associates, Mel Immergut says, even though the size of the firm’s summer classes and first-year classes has shrunk since the financial crisis. Other firms, meanwhile, view their individualized training programs, or lower partner/associate ratios, or abundance of inter- Thomas J. national offices, as pluses when it comes to recruiting new associ- Reid, LL.M.,

graduated POLK ates. Sullivan & Cromwell, for example, has expanded its hiring to include Asian and European law students, in addition to graduates from Columbia DAVIS Law School in OF 1987. He serves as managing partner at COURTESY “The challenge we all have Davis Polk. as the world becomes PHOTO more global is how do you GOING FORWARD o what do these trends add up to, and what will the future remain globally relevant? bring for the nation’s top firms at a time of market consolidation? While each managing partner and chairman inter- That’s the big picture. We viewed for this story believes that his firm is well positioned for success going forward, these leaders of the elite bar need to make sure that we understandS that challenges lie ahead. Many did not hesitate to point out risk factors and potential pitfalls that could invite trouble down the line. are not insular.” For instance, despite Dewey’s collapse, some partnerships continue —JOSEPH C. SHENKER ’80 to offer big bonuses and guarantees to lure top lawyers—and their business—in an increasingly competitive market. “The firms that give bonuses and guarantees to people are at risk if the work they are doing dries up,” says Jonathan Schiller, the managing partner of Boies Schiller. More broadly, the bifurcation of the legal market—between the elite firms and more commodity-driven ones—seems to be here to stay. For the latter, “There will be really intensive fee pressure,” says Cravath’s Allen Parker. “It’s possible you will see more failures of law firms that just don’t have an understanding of what they are and how to act on it.” from schools in the U.S., as it becomes an increasingly global firm. The Dewey blowup is “absolutely” a sign of things to come, Davis “It’s a brains business, and you want to make sure that your talent Polk’s Thomas Reid adds. “There are more mergers now, and there may is drawn from as big a pool as possible,” says Joseph Shenker. be more failed law firms,” he says. “That just goes back to the supply/ With the competition between law firms more intense, effective demand imbalance. I think that will test a lot of firms to the max, partic- and efficient training has become even more important. One recur- ularly firms that don’t have a strong culture and don’t operate as teams.” ring issue is how best to train junior attorneys to specialize—at a time On the other hand, even as the weak get weaker, the strong and when clients expect increasingly deep knowledge about specific legal the focused can indeed get stronger, with the best-run firms gain- areas—but also make sure those attorneys are flexible enough to shift ing from that coming shakeout. With increasing choices regarding as the economy does. At Cravath, for example, which has its own rig- whom to call, clients will look to the smartest lawyers, and the most orous training system that seeks to produce generalist lawyers, when trustworthy firms, to do the job. bank lending evaporated in January 2009, the partners who had “Clients are more vocal today about making sure that they are getting specialized in that area moved into M&A and securities work, Allen good value for the dollar,” Parker says. But ultimately, he adds, their Parker says. Adds Wachtell’s Neff: “If you’re a junk bond lawyer, and needs are the same. “Clients want first-rate legal advice for good value.” the market shuts down for three or four months, you need to be able to know how to do other things, even if they are in the securities field.” AMY FELDMAN has written for The New York Times, Money, and Time.

LAW.COLUMBIA.EDU/MAGAZINE 33

After numerous months of uncertainty and growing fears related to financial contagion, the euro zone is teetering . . . and no one knows exactly what to expect next. Experts from Columbia Law School’s new Ira M. Millstein Center for Global Markets and Corporate Ownership examine how we got into this mess and what additional euro zone problems might portend for the global financial system.

LAW.COLUMBIA.EDU/MAGAZINE 35 hen asked about Gordon notes that U.S. banks such aftermath than in anticipation,” he says. the continuing as JPMorgan Chase have attempted to “There’s a lot of reason for concern.” euro zone prob- reduce their exposure to Europe’s most This past autumn, Gordon and Profes- lems, Professor troubled nations, as have U.S.-based sor Ronald J. Gilson were busy preparing Katharina Pistor money market mutual funds. But because for a December conference in Brussels notes that, most exposures still are not fully understood, on how to stabilize Europe by creating a of the time, she fears that big U.S. banks are vulnerable to banking union, with a single regulator and thinks Europe will losses at European counter-parties could rules for how a bank that gets in trouble muddle through cause a generalized pullback in interbank will be repaired by the entire euro zone, its financial crisis, lending, with disastrous consequences, not just one country. The Europeans could and that spillover damage to the rest of the says Gordon. That is essentially what hap- learn something from the U.S., Gordon world will be minimal. pened four years ago when Lehman Broth- says: When Bank of America was weak- But, Pistor confides, she cannot seem to ers collapsed and the Federal Reserve had ened during the 2008 financial crisis, it shake the fear that things could get very to step in as the go-between for banks was supported by federal authorities, not much worse. Troubles have moved from that were suddenly afraid to deal with one just regulators in its home state of North small, peripheral nations, like Greece and another directly. “The vectors of financial Carolina. “Europe’s balkanized system has Ireland, to Spain, a core member of the distress and contagion are clearer in the created enormous instability,” he adds. 17-nation, single-currency euro zone. What economists refer to as a “doom loop” of interdependence has developed, in which Spain’s weak banks drag down the sovereign government, and losses on sovereign bonds, in turn, further weaken the banks. It is hard not to wonder about an end point—even if the resulting images may not be pleasant. “If Spain blows up, and then the pressure goes against Italy, or maybe even pushes France, then the idea that Germany could rescue the sinking boat becomes hard,” says Pistor, the Michael I. Sovern Professor of Law and the director of Colum- bia Law School’s Center on Global Legal Transformation. “Hell could break loose.” “Is it important to the U.S. As similarly dire worst-case scenario hypotheticals become that the Europeans more prevalent, Columbia Law School scholars continue to focus on the potential for finan- straighten out? Absolutely. cial contagion from Europe. Over the summer, Jeffrey N. If you scratch every one of Gordon, Columbia Law School’s Richard Paul Richman Pro - fessor of Law, and Professor our big banks, you’re going Robert J. Jackson Jr. were named co-directors of the Law School’s new Ira M. Millstein to find major holdings all Center for Global Markets and Corporate Ownership. Grap- over Europe.” pling with the crisis in Europe is one of the center’s first mis- —IRA M. MILLSTEIN ’49 sions: “Interdependence in the Global Economy” is one of its two founding projects.

36 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 By initially focusing on two major projects: The “Interdependence in the Global Economy” project aims to promote global economic Jeffrey N. Gordon growth and social Columbia Law and Robert J. To facilitate a progress, while School launched Jackson Jr. serve more broad “The Project the Ira M. Millstein as co-directors, understanding of on Investment, Center for and Ira M. Millstein global financial Ownership, and Global Markets is chairman of markets and Control in the and Corporate the center. foster research Modern Firm” Ownership, on timely issues, will offer detailed building on the including those analysis related Law School’s that involve to the institutions long-standing the appropriate emerging as reputation as a relationship owners in the leader in the field between investors shifting world of of corporate law. and corporations. equity finance.

In mid-September, as fall classes lands arguing that the new ESM be used Markets and Corporate Ownership, made began, it was looking like Europe had to clean up only future banking prob - his name in the antitrust field, while devel- begun to get a handle on its troubles. lems, not past messes, no one is resting oping advanced expertise in corporate struc- The European Central Bank had just easy. Least of all Ira ture and accountability strengthened its promise to buy bonds M. Millstein ’49, a issues. He eventually of countries that stuck to their reform longtime supporter of devoted his career to commitments, and the red-robed jus - Columbia Law School pro bono work in the tices of the German Constitutional Court and senior partner at web exclusive field, becoming chair- Learn more about in Karlsruhe rejected a challenge to the Weil, Gotshal & Manges Columbia Law School’s man of a business sec- euro zone’s permanent rescue fund, the in New York City. Millstein Center. tor advisory group of European Stability Mechanism (ESM). Millstein, who will law.columbia.edu/mag/ the Organization for Millstein-center But with Spain’s debt crisis festering, serve as chairman of the Economic Coopera- and Germany, Finland, and the Nether - new Center for Global tion and Development

LAW.COLUMBIA.EDU/MAGAZINE 37 and active in a World Bank Global Corpo- in short, enabled Greece to get in over its their operations by issuing commercial rate Governance Forum. He traveled to Sin- head, says Jeffrey Gordon. paper, which is essentially short-term bor- gapore, Malaysia, the Philippines, Japan, Now the downside has become appar- rowing in the capital market. American China, and Russia, among other coun - ent. Banks in Germany and France are money market mutual funds own a lot tries, for the cause. “It’s my life,” he says, trying to unload loans they made to the of that commercial paper—or did before “and it’s what I like to do.” In the 1980s, nations of the southern tier. Greece, Ire- the warning lights began to flash. Repo he co-founded the Institutional Investor land, and Portugal lost access to the lending is another pathway. It is a form Project at Columbia Law School, which private credit markets, and Spain is in of securitized borrowing in which banks focused on enforcing shareholder rights, danger of losing access as well, mean - “sell” high-quality securities like govern- and upon whose work the new center’s ing it would be able to borrow only from ment bonds and agree to buy them back mission is partly based. official sources like the European Cen - in the future at a slightly higher price. The Millstein views financial crises through tral Bank, the European Union, and the transaction is the equivalent of paying inter- the prism of governance, which is why he International Monetary Fund. Deposi- est on a loan. Columbia Law School profes- thinks the new Center for Global Markets tors in Spanish banks are pulling their sors, including Gordon, are studying how and Corporate Ownership is well-placed to money out, in part because they fear there can be a “run” on the shadow banking investigate financial contagion as applied their euros will be forcibly converted to system—say, when mutual funds refuse to to the euro zone situation. less-valuable new pesetas, says Merritt B. roll over their maturing commercial paper, “Is it important to us that the Europeans Fox, the Michael E. Patterson Professor or lenders start questioning the value of col- straighten out?” asks Millstein. “Absolutely. of Law and NASDAQ Professor for Law lateral posted for repo loans and demand If you scratch every one of our big banks, and Economics of Capital Markets. “The bigger discounts. you’re going to find major holdings all fear,” says Fox, “would be, even if you think The invention of deposit insurance over Europe. If Spain goes down, is that there’s only a 5 percent chance that your has largely done away with conventional going to have a wild impact on the United country’s going to pull out of the euro, bank runs by taking away the incentive for States? Of course it is.” you’re going to take [your euros] out of depositors to be the first ones to withdraw the local bank and put them in a country their money from a troubled bank. But that’s not going to pull out.” there is no such reassurance for lenders in By now, European regulators should the shadow banking system. o how did we get have developed a clear understanding For international authorities, the night- into such a mess, of the potential exposure of each major mare scenario is a cross-border repeat of anyway? During bank to losses at other banks. Apparently, the failure of Lehman Brothers in 2008. the boom times, though, that has not happened. This past The fourth-biggest securities firm in the global financial summer, the European Central Bank’s U.S. had its AAA credit rating reaffirmed integration was Financial Stability Review resorted to a by Standard & Poor’s on Friday, Septem- mostly regarded simulation to study the contagion prob- ber 12, 2008. Invisibly to credit raters, as a good thing. lem. “Only minimal information on finan- though, Lehman was already experienc- Savers had more cial institutions’ interlinkages is in the ing a run. By the end of that weekend, its options for places public domain,” the bank wrote. situation was so hopeless that it filed the to put their money, while companies and To Katharina Pistor, that reality is biggest bankruptcy petition in U.S. his- households had deeper pools of cash to unacceptable. “I found this shocking,” tory at 1:45 a.m. on Monday, September draw on for investments in housing, facto- Pistor wrote in a blog post on the Insti - 15. That event, more than any other, was ries, and business equipment. The tight - tute for New Economic Thinking website responsible for touching off the financial est integration occurred between the at the time. “Shouldn’t supervisors and panic that resulted, in 2009, in the first nations of the single-currency euro zone. regulators know more about the legal worldwide decline in economic output Interest rates converged. The Greek structure of these inter-bank relations? since the Great Depression. government could get 10-year loans And how would an integrated European almost as cheaply as Germany could, supervisor monitor euro zone banks and Greece’s mostly successful manage- without a clearer picture of their struc - ment of the 2004 Summer Olympics ture than a probability chart based on t could happen was viewed as its debut into the society proxy data can possibly render?” again, this time of stable, advanced Perhaps even more with Europe as economies. Quietly, disconcerting, the the epicenter. though, the Greek links from Europe to “Nobody really economy was becom- the rest of the world understands the ing uncompetitive web exclusive are not just through interconnections Read Professor Pistor’s blog because of govern- post discussing the ordinary bank lend- in the world finan- ment overspending euro zone crisis. ing. There is a huge cial system,” says and pay raises that law.columbia.edu/mag/ shadow financial sys- Jeffrey Gordon. pistor-euro outpaced productiv- tem, as well. Banks “Nobody. So there’s a great deal of cau - ity gains. Integration, raise money to finance tion about the unknown unknowns. It’s

38 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 not just the damage from Europe, it’s the tation-only confer- During his presen- uncertainty about the extent of the con - ence called “Financial tation, Miller wor- tagion that has made parties conserva - Risk and Regulation: ried that the global tive. We don’t know what would happen Unfinished Busi- on twitter framework for saving What will happen if the euro to U.S. financial institutions if Greece ness,” which was zone crisis gets worse? or shutting down big Law School professors were kicked out of the euro. Some have co-organized by Ira analyze what’s at stake financial institutions said it would be a Lehman event. No one Millstein and Charles for the U.S. and lacks an adequate the rest of the world. is really eager to run the experiment.” Calomiris, who is http://ow.ly/g1gCz dispute-resolution The Dodd-Frank Wall Street Reform the Henry Kaufman mechanism. In his and Consumer Protection Act represents Professor of Finan- prepared remarks, he an attempt, however imperfect, to pre - cial Institutions at Columbia Business noted that “there is no reason to think vent contagion within one country. What School. Harvey R. Miller ’59, the attor- that the next ‘Lehman’—and the dis - is sorely lacking is an equivalent for the ney and bankruptcy expert who is also a putes that arise from it—will not be sig - world as a whole. lecturer-in-law at Columbia Law School nificantly larger and more complicated” This past spring, the Richard Paul and a partner at Weil, Gotshal & Manges, than the original Lehman scenario. “If Richman Center for Business, Law, and served as one of the featured speakers at there is any ‘unfinished business’ in the Public Policy presented a daylong, invi - the event. current framework,” he added, “it is the development of a flexible, cross-border dispute resolution mechanism that will adequately contain the conflicts that are likely to arise during the next crisis.” There is a well-known say- ing on Wall Street that you can borrow as much money as you want, just as long as you don’t need it. Financial crises tend to break out when organizations that counted on being able to borrow freely are suddenly cut off by the capital markets. For participants in the new “Interdependence in the Global Economy” project of the Ira M. Millstein Center for Global Markets and Cor - porate Ownership, the chal- “Nobody really understands lenge is to help formulate robust institutions and regu- the interconnections lations that are resistant to global contagion. “There are many terrific in the world financial system. things about creating a global economy with global oppor- Nobody. So there’s tunity, but there are risks that arise as well,” says Gordon. “We need to be thinking very hard a great deal of caution about new institutions that can understand the risks and respond to them. Isolation is about the unknown one way to avoid the spread of disease, but that’s highly costly. unknowns.” We really ought to be able to do better than that.” —PROFESSOR JEFFREY N. GORDON PETER COY is a business writer and the economics editor at Bloomberg Businessweek.

LAW.COLUMBIA.EDU/MAGAZINE 39

The Law School’s new Center for Constitutional Governance is off to a fast start. Its recent event on the territorial clashes between various Asian nations in the South China Sea examined the bold power plays taking place in the region and showed why the U.S. has every reason to be concerned.

BY CARRIE JOHNSON

Photo Illustration by Darren Braun

LAW.COLUMBIA.EDU/MAGAZINE 41 surrounding China. Profes- sor Sarah H. Cleveland, who recently returned to the Law on twitter School after serving for South China Sea conflicts two years as counselor on lead to regional, international tension. Center for international law with the Constitutional Governance State Department, notes examines the sticking points. that these conflicts over http://ow.ly/fN36Z his past spring, in turquoise waters 140 miles small oceanic landmasses west of the Philippines, tensions over control of an unusually impor- can have gigantic economic tant triangle-shaped collection of rocks and reef bubbled to the sur- and political ramifications, and she has engaged her colleagues at face. A massive, steel-hulled Philippine Navy ship was engaging in a the Law School on the issue. routine patrol of the area when it spotted a group of Chinese fishing At its most basic level, says Professor Matthew C. Waxman, “this boats allegedly trawling for giant clams, baby sharks, and turtles. is a territorial dispute among multiple parties with conflicting The fertile fishing ground, known as the Scarborough Shoal, is a claims.” But Waxman, a national security expert, pointed out there favorite of poachers, and, as would become unmistakably clear, it is plenty more going on. “It is also, though, about a rising China is the subject of a long-standing territorial dispute between China and how it will project its rising power in the region,” he adds. and its neighbors. “The stakes are huge, not only for the parties in the region but for As the Philippine ship prepared to tow the fishing boats to shore broader geopolitics and for the global economy, especially since so and arrest those onboard, a pair of Chinese surveillance vessels much trade passes through those waters.” appeared from the distance to block any naval action. A stare down Beyond the Scarborough Shoal, additional boundary conflicts of sorts ensued. Neither country blinked. And, day by day, more in the South China Sea involving important shipping routes ships from each nation joined the fray. and vast natural resources have drawn in a panoply of other After more than five weeks, the United States reportedly helped governments—namely Vietnam, Indonesia, Malaysia, Brunei, broker an agreement that resulted in the ships from both countries and Taiwan. (China and Japan, meanwhile, are engaged in saber leaving the area. But fast forward nine months, and remnants of the rattling over islands near large natural gas and oil deposits in the standoff persist. According to various reports, the Chinese roped East China Sea.) The conflicting claims involve a mix of interna - off the entrance to the shoal’s lagoon and have stationed three ships tional law—such as the U.N. Convention on the Law of the Sea, there to prevent Philippine boats from entering. China also restricted which delineates the scope of participating nations’ water and Philippine imports such as bananas and pineapples; lawmakers in natural resources rights beyond their shores—and the various the Philippines responded by renaming the contested territory the boundaries and maritime laws created by the respective nations. West Philippine Sea and placing fish aggregating devices in the area This past fall, the unfolding disputes took center stage at an event to, in essence, fence off some of the region’s best fishing spots. All the hosted by Columbia Law School’s new Center for Constitutional while, rhetoric between the two nations remains at a fevered pitch. Governance, a multifaceted program that allows scholars to explore Even before this most recent dustup, the U.S. government has the meaning of democracy and sovereignty in the U.S. and around paid close attention to the sovereignty clashes taking place in the waters the world. The center co-sponsored a high-level roundtable

“At the State Department, I thought a lot about the scope of territorial sovereignty,

Professor Sarah non-intervention, and the H. Cleveland propriety of threats and use of force. And then there is China’s increasingly muscular posture on the international stage.” —PROFESSOR SARAH H. CLEVELAND

42 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 discussion that examined the competing claims of sovereignty Cleveland, an expert in international law, notes that she con- in the South China Sea region and the various legal issues at fronted some of the most challenging issues at play in the South play. It featured representatives from the governments of the China Sea dispute during her time with the State Department. “In Philippines, China, and Vietnam; international boundary expert that role, I thought a lot about the scope of territorial sovereignty, Coalter G. Lathrop; U.S. State Department Legal Adviser Harold non-intervention, and the propriety of threats and use of force,” she Hongju Koh; and Sir Daniel Bethlehem, the former legal adviser to the says. “And then there is China’s increasingly muscular posture on the U.K. Foreign and Commonwealth Office who was a visiting professor at international stage.” Columbia Law School this past fall. Bernard H. Oxman ’65, the nation’s Even as panelists at the Law School conference talked through leading expert on the law of the sea, who teaches at the University of possible ideas for bringing an end to the face off, China continued Miami School of Law, returned to campus for the event, as well. to assert its dominance in the waters that bring in more than 3 mil- Cleveland organized the conference, which was scheduled to lion tons of fish each year—a quarter of that country’s annual haul. coincide with International Law Week at the United Nations and According to Cleveland, the issue is one that will not succumb to drew a crowd of more than 150 people, including representatives an easy solution, and there is no better place for examining various from approximately 30 foreign governments. Participants exam- dimensions of the problem than Columbia Law School. ined several overlapping issues that combine to form the crux of “It has been exhilarating to be able to come back to the Law School the conflicts—including the legal ramifications stemming from and bring together academics and government officials to try to work how various oceanic landmasses are defined, the stated justifica- through some of these pressing issues as events unfold,” she says. tions underlying competing claims of sovereignty, and potential methods for determining the primacy of those claims. “The South China Sea program helped facilitate the exchange of knowledge between academia and governments on this very pressing but little understood issue,” Cleveland says, “while also providing a protected forum in which governments could air the legal and factual issues at stake. We wanted to help move the conversation beyond the sticking points.” And, make no mistake about it, those sticking points are teeming with geopolitical ramifications. The 1.4 million square miles of the South China Sea play host to nearly half of the world’s commercial hen the Center for Constitu- shipping freight every year. In the shallow waters near the contested tional Governance began operations in July, its leaders envisioned Scarborough Shoal, more than 3,000 different species of fish flour- events and discussions that would feature exactly the type of ish. The area is also the source of much of the world’s horseshoe dynamic lineup present at the South China Sea conference. And the crabs, which clamber around underground hills and plateaus. center’s co-directors, Professors Gillian E. Metzger ’95 and Trevor Deep below the ocean bottom, meanwhile, untapped oil and W. Morrison ’98, plan to implement a broad array of programs and natural gas reserves beckon. Sovereign control of the unin - events in the coming years. habited islands and outcroppings in the area could result in vast “One thing that a center like this can do is provide an institutional economic and strategic benefits for the prevailing country, so the means for scholars on the faculty to take advantage of overlapping Philippines are far from the only nation concerned about China’s interests,” says Morrison, the Liviu Librescu Professor of Law. “It will continued flexing of its muscles in the region. help us to reach out and interact with the world at large, while also pro- At the same time, diplomats are working to defuse tensions before viding an institutional way to deepen connections within the faculty.” they ignite further. Secretary of State Hillary Rodham Clinton, for The center will cast a wide net, hosting discussions for Columbia one, encouraged officials in China to sign off on a code of conduct Law School faculty, bringing in outside scholars, and sponsor- with its neighbors during her visit there this past fall. (The last time ing events open to Law School students. Its blueprint spans the strains ran so high, in 1988, 70 Vietnamese sailors died in a firefight globe—from examining the growing influence of the executive with Chinese forces as each side rushed to plant its flag on a rocky branch and the American president, to considering the structure island chain known as the Spratlys.) And international law scholars of developing constitutions and examining voting rights initiatives are searching for ways to use their expertise to help avoid any more in emerging democracies. bloodshed, in part by bringing the governments together to discuss Morrison notes that issues related to constitutional and gov- non-military options for resolving existing conflicts. ernmental structure—the separation of powers and the push and “Much of the debate has not been in a legal framework,” Koh pull among Congress, the president, and the courts—have inter- noted at the conference. ested him for years. He has written, for instance, about the power “What you have heard of the executive branch to detain alleged enemy combatants, the today is the beginning of role of the courts in reviewing such detentions, and the interac- a conversation. . . . Even if tion between the legislative and executive branches on questions of web exclusive we cannot resolve all dis- presidential power. Read news updates on putes, we can enter into The Law School faculty, Morrison says, includes a community of territorial conflicts in the South China Sea. various codes of conduct. scholars intent on exploring the implications of those issues as they law.columbia.edu/mag/ It helps to have this con - apply to the U.S. and the rest of the world. “Questions of government territorial-conflicts versation within the zone structure are not just of interest to bureaucrats,” he says. “They go to of law.” the heart of the relationship between government and its people.”

LAW.COLUMBIA.EDU/MAGAZINE 43 Co-Director Gillian Metzger, who also serves as a vice dean at the Law School, says the idea to create the Center for Constitutional Governance emerged after a series of conversations with Pro- fessor Henry Paul Monaghan, a widely published constitutional law scholar who has engaged in a great deal of recent research on foreign judicial review. Metzger calls him “the driving force” behind the idea of bringing faculty members together to discuss governance issues that have international parallels. She and Morrison are running with the idea. “My goals for the center are both internal and external,” Metzger says. “On the internal side, I hope it will be a mechanism for pooling and expanding the strengths of Columbia Law School’s public law faculty, with benefits for the faculty and students generally. On the external, my goal is to have the center serve as a forum The recent South China Sea conference, moderated by Bernard H. Oxman ’65 (center), where lawyers and officials at all levels of govern- featured numerous high-ranking government representatives and legal experts. ment can interact with legal academics on issues of shared concern.” but powerful, behind-the-scenes roles of the White House Counsel’s Not surprisingly, several of the professors most closely affiliated Office and the Justice Department’s Office of Legal Counsel, the latter with the center say their views on questions of governmental structure of which operates as what Morrison calls the most important central- and federalism derive in part from the perspectives they developed ized source of legal advice within the executive branch. while working in the executive branch. Morrison served as an associate Sarah Cleveland advised the executive branch on international counsel to President Barack Obama and came away with the impres- law and human rights issues as a legal counselor in the Obama sion that much more scholarship is needed on the little-understood, State Department. And Matthew Waxman honed his experience in national security law during a tenure that brought him from the National Security Council to the Pentagon and the State Depart- ment during the George W. Bush administration. “I see Gillian and Trevor several times each day, and we’re con- stantly talking,” Waxman says. “In the coming years, there’s going to be so much overlap between national security and various structural issues—for instance, how to allocate power among different government institutions.”

Center Co-Director Trevor W. Morrison ’98

ven though the Center for Constitu- tional Governance is just a few months old, it has already sponsored two other events in addition to the South China Sea conference. Trevor Morrison, Gillian Metzger, and Professor Nathaniel Persily, along with nearly a dozen other scholars, gathered for a conference this past fall to discuss the implications of the U.S. Supreme Court’s ruling on the Affordable Care Act (ACA), the signature domestic legislation of the Obama presidency. The event brought to campus health care policy experts, supporters of the health care

44 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 law, and Georgetown Law Center Professor Randy Barnett, the intellectual web exclusive architect of several of the Learn more about the arguments made in court new Center for Constitutional Governance. for striking down the ACA. law.columbia.edu/mag/ccg Papers presented at the Center Co-Director Gillian E. Metzger ’95 conference—including one by Persily and MIT political science professor Andrea Campbell on how the decision has impacted public opinion on the health care law—will be published as a book by Oxford University Press. The second marquee event hosted by the center was a daylong workshop that featured Duke University Law Professor Curtis Bradley and Morrison examining the ways that government officials are constrained by law. Or, as Morrison describes it: “What’s the relationship between law and politics? How should we be appraising what the government does? We’re looking at the government structure—the roles of the three branches—and applying these old ideas to modern problems.” He pointed to several real-world scenarios where the issue comes into play, including when the president wants to use military force in places such as Libya, and in the power allocation between the executive branch and Congress over the debt-ceiling crisis of 2011. For Sara Mark, the center’s new executive director, working to a background in nonprofit management, says that her first prior- ensure the success of events such as the one featuring Bradley and ity in getting the center off the ground has been to assemble what Morrison has amounted to a whirlwind of activity. Mark, who has she refers to as “institutional building blocks.” That means putting together a board of advisers, building a website for the center, organizing larger-scale conferences and workshops, and placing scholarship in law journals. “The new center is devoted to exploring the legal boundaries of government power in essential policy areas, including health care, national security, the economy, and education,” Mark says. “And right now, the contours of Center federal, state, and private sector authority, and the role of government itself, are at the forefront of debate. There is so much to examine.” Spotlight Metzger and Morrison agree, and the co-directors say they are committed to experimenting with ideas and formats for Professors Gillian E. Metzger ’95 and Trevor future programs. “Eventually the center could host visiting W. Morrison ’98 will co-direct the Center for scholars, or hold panel discussions for students with the fac- Constitutional Governance. ulty,” Metzger notes. The center will focus on government structure, In the meantime, those involved with the Center for governmental relationships, federalism, and Constitutional Governance will continue to consider the separation of powers issues. structural developments at play in current events such as those unfolding in the South China Sea and the Professors Sarah H. Cleveland, Matthew C. developments that have taken place in the aftermath Waxman, Jessica Bulman-Pozen, and others will participate in center events and initiatives. of the Arab Spring. “So often when it comes to transitions, there’s so The center will expand on the Law School’s much emphasis on individual rights such as free speech,” strengths in transnational law and international Matthew Waxman says. “But at least as important are some public law. of the big structural issues: How to allocate power among Constitutional law experts, visiting professors, government branches? What kind of judicial review will and government officials from around the globe there be? How do you share power with religious institu- will engage with legal scholars on issues of tions, and with the military?” shared concern. In other words, Waxman says, “It’s an extremely exciting time to be thinking about constitutional structure.”

CARRIE JOHNSON covers the U.S. Justice Department for National Public Radio.

LAW.COLUMBIA.EDU/MAGAZINE 45 46 COLUMBIA LAW SCHOOL MAGAZINE FALL 2011 At Issue Essays in 54 focus: The people, personalities, and perspectives making an impact this season

ALUMNI PROFILES 48

AT ISSUE ESSAYS 54

CLASS NOTES 58

IN MEMORIAM 76

QUESTIONS PRESENTED 80

Anika Rahman ’90 page 50

PHOTOGRAPHED BY PETER FREED LAW.COLUMBIA.EDU/MAGAZINE 47 david greenwald: THE ADAPTER

As a trusted adviser plying his trade during an era of great economic uncertainty, Goldman Sachs attorney David Greenwald ’83 has no trouble keeping busy BY AMY FELDMAN

David Greenwald ’83, deputy tial that a country or two might European management commit- Having benefitted from many general counsel and international leave the euro zone. “I think we tee and as co-chair of Goldman’s mentors—including Arthur general counsel at investment have a couple more years until firm-wide suitability committee, Fleischer Jr., senior counsel at bank Goldman Sachs, has spent all the regulatory changes are [in which was created in the after- Fried Frank, and Rich Friedman, the past four years immersed in place], and then we’ll be at the math of the crisis and is charged Goldman’s merchant banking the global financial crisis. new normal,” he says, “whatever with setting standards for clients chief—Greenwald gives back by The weekend before Lehman the new normal will be.” and financial products. mentoring others. “I tell people Brothers filed for bankruptcy in Greenwald, who grew up in A competitive man, Greenwald all the time that they should have September 2008, Greenwald Newark and Glen Rock, N.J., has run several marathons—five mentors, plural,” he says. “It’s like was sitting in the American where his father was an execu- in New York and two in Phila- you have a board of directors.” Airlines lounge at Kennedy tive in an apparel manufactur- delphia. “I’m not fast, but I try to Greenwald also has maintained International Airport, waiting to ing company and his mother break four hours,” he says. “I did his connections with Columbia fly home to London, when his cell was a stay-at-home mom, knew 4:01 in New York, and then two Law School. He is on the school’s phone rang. Instead of boarding early on that he wanted to be weeks later ran Philly in 3:49. The board of international advis- his plane, Greenwald spent the a corporate lawyer. He went only competition is with myself.” ers and co-chaired his 25th class next three weeks in New York from Columbia Law School to reunion. (He will co-chair his City, at the center of the financial Fried, Frank, Harris, Shriver & “SOMETIMES I STEP 30th class reunion this June.) storm, returning home only after Jacobson, where he focused on BACK AND SAY, In addition, Greenwald travels finalizing documents that facili- mergers and acquisitions and ‘THIS IS ONE OF THE to Manhattan each year to par- tated the investment by Warren worked with two large clients: ticipate in the Deals workshop. “I Buffett’s Berkshire Hathaway in private equity firm Forstmann MOST FASCINATING talk about the difference between Goldman Sachs. Little and Goldman Sachs. PERIODS OF TIME TO practicing law at a law firm and “It was really scary at that In 1994, Greenwald joined PRACTICE LAW.’” practicing in-house,” he says. “It’s time, because it looked like the Goldman as a lawyer in its pri- —DAVID GREENWALD a lot of fun.” world was going to come to an vate equity business. He became So fun, in fact, that Greenwald end,” Greenwald recalls. “But it a partner at the firm in 2000 says when he is ready to step back was fascinating. Sometimes I and moved to London with his from legal practice, he just might step back and say, ‘This is one of family in 2006 to take over as want to teach full time. But for the most fascinating periods of Goldman’s international general now, with regulatory reform time to practice law.’ But at the counsel. Greenwald says he loves pending and the crisis in Europe same time, it’s exhausting.” living in London, which offers an unresolved, Greenwald has far And for Greenwald, the beat ideal base for travel, both within too much going on to step back. goes on. These days, he spends Europe and to Russia and China. much of his time assessing the When not poring over pro- AMY FELDMAN has written for impact of financial regulatory posed regulatory reforms, he The New York Times and Time, reform and gauging the poten- serves as counsel to the firm’s among other publications.

48 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 PHOTOGRAPHED BY CARDONI THE ADAPTER

LAW.COLUMBIA.EDU/MAGAZINE 49 anika rahman: THE TRAILBLAZER

Ms. Foundation President and CEO Anika Rahman ’90 is leading one of the country’s most vital women’s rights organizations at a critical point in time BY ANNA LOUIE SUSSMAN

Anika Rahman ’90 has spent During a recent speech at and one another. But at a time leagues, donors, and grantees, the bulk of her career advocating Columbia Law School, Rahman when many highly valued rights strategizing about how best for women’s rights in the global urged those in the audience to are in jeopardy, choosing which to approach the issues of the arena, so she is no stranger to see beyond the dazzling accom- organizations to assist can be day. She also writes regularly uphill battles. And it’s a good plishments of a few high-profile immensely difficult. on women’s issues, and her thing, too: Rahman, who serves women and gird themselves for “The hardest decisions,” Rah- well-reasoned advocacy pieces as president and CEO of the the hard work that lies ahead. man says, “are always about appear often in the opinion Ms. Foundation for Women, “I really want to bring home people—who to fund, how to pages of newspapers from all ascended to the helm of the that women’s rights are unfin- pick from among the array of over the country. organization in early 2011, a year ished business,” she says. “I’m women’s issues and say, ‘OK, A student of history, Rahman when state legislators proposed fed up with hearing about the these are the places where we says she is excited about the a record number of bills restrict- first woman CEO, or astronaut, can make a difference.’” opportunity to supplement the ing women’s rights. or secretary of state. We should Rahman spends the bulk of Ms. Foundation’s legacy, which Of course, that grim reality is be at a level where we are no her days in meetings with col- includes helping establish some part of why she took the job. longer talking about firsts. We of the first hotlines and shelters “I was excited,” she says, have to get to the core issues DURING A RECENT for survivors of intimate-partner referring to the array of modern and make sure that women as a SPEECH, RAHMAN violence, as well as creating Take obstacles that go hand-in-hand group are able to rise.” URGED THOSE IN Your Daughter to Work Day. with leading a 40-year-old orga- As head of the Ms. Founda- (When Rahman’s young daugh- nization dedicated to building tion, Rahman is in a perfect THE AUDIENCE TO ter visited the Ms. Foundation and strengthening the women’s position to lead the charge. GIRD THEMSELVES office, she was pleased to find movement. “I like a challenge.” Founded in 1973 by several FOR THE WORK that the corridors there were Rahman, who was born in prominent feminists, the orga- THAT LIES AHEAD. wide enough to accommodate Bangladesh, moved to America nization is, in her words, “by cartwheeling.) “I REALLY WANT to study international relations women, for women.” “I’m always thinking, ‘What at Princeton University. Prior In 2011, the Ms. Foundation TO BRING HOME is the next Take Your Daugh- to joining the Ms. Foundation, provided $4.4 million in grants THAT WOMEN’S ter to Work Day?’” Rahman she was founding director of the and other support to more than RIGHTS ARE says. “‘What is the next thing international program at the 100 organizations represent- UNFINISHED BUSI- that will inspire mass par - Center for Reproductive Rights, ing four key program areas: ticipation and will push us NESS,” SHE SAYS. and then served as president building democracy, economic forward?’ That’s always at the of Americans for UNFPA—an justice, ending violence, and back of my mind.” organization supporting the women’s health. The founda- United Nations Population tion also works to build capac- ANNA LOUIE SUSSMAN has written Fund. She is a focused and ity at the grassroots level, trains for The Atlantic, The New York driven leader, and she uses her up-and-coming leaders, and Times, and The Wall Street Jour- words to inspire. helps connect grantees to donors nal, among other publications.

50 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 PHOTOGRAPHED BY PETER FREED LAW.COLUMBIA.EDU/MAGAZINE 51 v-nee yeh: THE LEADER

V-Nee Yeh ’84 has applied his well-honed financial acumen to both the public and private sectors. The results, in every case, have been impressive. BY JOY Y. WANG

Every weekday, V-Nee Yeh ’84 The transcripts from the Argyle Street Management, quick to point out that there wakes up to the sound of an executive council’s meetings Cheetah Investment Manage- is more to his line of business alarm clock buzzing at an will likely remain classified for ment, and Samena Capital—each than just the investments and unlikely time: 3 a.m. The another two decades, but Yeh, of which has experienced periods strategies alone. fund-management expert then whose term ended on July 1 of of sustained success. “What makes my life inter- spends the next several hours this past year, notes that his When pressed, Yeh rattles esting right now is not just the answering emails that stream in service occurred during a par- off growth figures for the firms work that I do, but the partners from clients and partners of the ticularly exciting time to be with the tone of a modest but I have who are great people and four hedge funds and private involved in policy decisions for proud parent, although he is great friends,” says Yeh. equity firms he helped found. “I the territory. His long-standing friendships have a very idiosyncratic cycle,” “If you look at Hong Kong, “WHAT MAKES MY are no small feat in a competi- says Yeh, who is based in Hong we have unemployment in the LIFE INTERESTING IS tive financial field, where rela- Kong and admits that he is par- 3 percent range, inflation in the NOT JUST THE WORK tionships can sometimes be ticularly meticulous in keeping 4 percent range, the lowest tax THAT I DO, BUT THE strained due to the pressures of up with his email. rates in the world, and a really deal-making. “What I’m most Until this past summer, part strong fiscal position,” he says. PARTNERS I HAVE proud of,” says Yeh, “is that not of Yeh’s early morning routine Yeh has no immediate plans WHO ARE GREAT only have my firms been suc- also included about an hour at to return to government ser- PEOPLE AND cessful, but all the partners have a computer with a secure con- vice, aiming instead to focus GREAT FRIENDS.” remained partners.” nection reviewing confidential his talents on Asia’s burgeon- As a founding shareholder but —V-NEE YEH papers on Hong Kong’s govern- ing private sector. With a not an executive at the firms, Yeh mental policy options regarding résumé that includes seven may be on the receiving end of everything from education to years at the Lazard houses, he hundreds of emails, but he is less financial reform. The task was says the analytical thinking involved than his partners in the key to his role as a member of borne from his time at Colum- day-to-day management of the the region’s executive council, bia Law School prepared him companies. And that is exactly the main policy-making board of particularly well for finance. how he prefers it. Hong Kong’s executive branch. His track record in business “It gives me the flexibility to While Yeh’s appointment supports that assertion. be in and out of the office as I in 2009 came as a surprise (“I Yeh founded Value Partners please,” says Yeh. That means he don’t belong to any political Group nearly two decades ago, is able to make it home for din- party or have a track record in and the company now oversees ner with his wife and daughter politics,” he says), his financial more than $7 billion in assets, at 6:00 every evening. It also acumen helped the council making it Asia’s second-largest allows him to end his day by 8 guide Hong Kong’s economy asset-management group. In the p.m. so that he can be ready to through the aftermath of the past 10 years, he sought to repli- start his 3 a.m. routine again global financial crisis. cate such success with his firms the following morning.

52 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 PHOTOGRAPHED BY GARETH BROWN LAW.COLUMBIA.EDU/MAGAZINE 53 at issue: FAMILY FOCUSED

Looking back on 30 years of family advocacy by Columbia Law School’s clinical program BY PHILIP M. GENTY, EVERETT B. BIRCH INNOVATIVE TEACHING CLINICAL PROFESSOR IN PROFESSIONAL RESPONSIBILITY & JANE M. SPINAK, EDWARD ROSS ARANOW CLINICAL PROFESSOR OF LAW

Within Columbia Law School’s celebrated clinical program, family advocacy holds a special distinction: The Child Advocacy Clinic and its “spin-offs,” the Family Advo- cacy Clinic and the Prisoners and Families Clinic, are Columbia’s oldest continu- ous clinical offerings, marking 30 years in 2012. This anniversary will be celebrated with a conference to be held at the Law School on April 20, 2013.

This focus on family advocacy them voluntarily in foster care. clear purpose to represent these statute changed so that represen- is distinctive in another way. The These parents were unable to children and change the prac- tation of children in such cases family law clinics have evolved care for the children and had tices in Family Court. would be mandatory. Eventually, throughout the 30 years to sought help from the child wel- For the next eight years, Jane these goals were achieved—the address a shifting set of unmet fare system. Jane saw that these worked with former colleagues statute was amended, and needs; a combination of legis- voluntarily placed children often Vivian Berger (Nash Professor Lawyers for Children, a legal lative issues and changing pri- had needs that were not being of Law Emerita), Steve Ellmann services program specializ- orities in services have typically adequately addressed by the fos- (Professor of Law, New York ing in this representation and been at the core of this evolution. ter care agencies and the Family Law School), Jean Koh Peters utilizing the interdisciplinary Sometimes the impetus for Court. When she was asked to (Sol Goldman Clinical Profes- model that Jane had pioneered, a particular clinical focus was help launch the Child Advocacy sor of Law, Yale Law School), was established. a perceived gap in legislation. Clinic (CAC) at Columbia Law Nina Freedman (certified social At other times, the focus In 1981, Jane was an attorney School in 1982, she felt that if worker and children’s advocate), of our clinical work has been representing children in Fam- these children had lawyers, their Dr. Mary Banach (Associate Pro- driven by the opportunity for ily Court for the Juvenile Rights experiences in foster care could fessor of Social Work, University an innovative model of advo- Division of The Legal Aid Soci- be improved, and with appropri- of New Hampshire), and several cacy created by new legislative ety. She became aware that ate services they might even be other law and social work col- initiatives and new colleagues. although there was a statute able to return home to their par- leagues to build a model program When Philip joined the faculty mandating representation of ents. The CAC thus began with a of interdisciplinary representa- in 1989, he brought a devotion children in cases where children tion of young children and ado- to legal advocacy for parents, a had been removed involuntarily lescents who were in voluntary traditionally underserved client from their parents on allega- foster care placements. Jane’s population. At about the same tions of abuse or neglect, there facebook goals were to get the system to time, a new child welfare ini- Join Columbia Law School was no corresponding require- Alumni on Facebook to pay more attention to these cases, tiative had been implemented ment of representation for chil- receive news and updates. to encourage other lawyers to that provided services to at-risk dren whose parents had placed facebook.com take on this work, and to get the families to prevent children

54 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 enacted the Adoption and Safe folk University Law School), the Families Act (ASFA). Among CAC began to represent children the provisions of ASFA was a in immigration proceedings, uti- general time limit of 15 months lizing a recent federal law that for foster care placements, a provides the possibility of natu- restriction with grave potential ralization for undocumented consequences for incarcerated children in foster care. parents, whose prison sentences The current CAC makes a full typically run much longer than circle back to addressing unmet 15 months. needs of youth. Focusing on These new legislative chal- the significant increase in the lenges were part of the impetus number of adolescents who for the creation of the Prisoners are aging out of the foster care and Families Clinic. Philip, Vis- system and have many serious iting Clinical Professor Laurie legal needs as they attempt to Barron (Executive Director, Fein- establish independent adult stein Institute, Roger Williams lives, the CAC is representing University School of Law), these youth and young adults and Daniella Liebling (certi- on issues that would otherwise fied social worker), designed a go unresolved. This advocacy clinical program that combined has been driven, in part, by “preventive lawyering,” through two federal statutes: the Fos- prison educational sessions on tering Connections to Success the rights and responsibilities of and Increasing Adoptions Act incarcerated parents, with legal of 2008, which continues fed- representation in administra- eral payments for youth in fos- tive and court proceedings. The ter care until they turn 21; and Prisoners and Families Clinic the Chafee Foster Care Inde- has continued to operate at the pendence Act of 1999, which intersection of the criminal jus- requires foster care agencies from entering foster care. Jane, THE FAMILY tice and child welfare/family law to improve independent living Philip, and Mary Banach rede- LAW CLINICS systems for more than 15 years. planning. As the federal gov- signed the clinic to help parents During that time, the focus has ernment has increasingly paid HAVE EVOLVED get access to these “preventive shifted to parole and post-release attention to these older youth, so services.” The Family Advocacy THROUGHOUT advocacy, but the goals remain the has the CAC, as it tries to secure Clinic operated for several years, THE 30 YEARS same: protecting and strength- for them an easier and more providing representation to par- TO ADDRESS A ening parent-child relation- productive exit from foster care. ents in administrative proceed- SHIFTING SET OF ships for families affected by Thus, during the past 30 years, ings and Family Court, while parental incarceration. as the needs of indigent fami- helping many children avoid UNMET NEEDS; A When Jane returned to lies have evolved, Columbia’s lengthy foster care placements COMBINATION OF Columbia Law School from a Child Advocacy, Family Advo- and achieve reunification with LEGISLATIVE ISSUES leave of absence of several years cacy, and Prisoners and Families their families. AND CHANGING to serve as the attorney-in- Clinics have adapted accord- charge of the Juvenile Rights Another motivation for our PRIORITIES IN ingly. Throughout these chang- work has been challenges that Division (JRD) of The Legal Aid ing times, we have attempted arose as a result of new legisla- SERVICES HAVE Society in the late 1990s, she to maintain two constants: a tive restrictions. While the rights TYPICALLY BEEN AT decided to draw on that expe- transformative educational of incarcerated parents had been THE CORE OF rience to have Columbia Law experience for students, and a concern of Philip’s throughout THIS EVOLUTION. School students work directly the provision of much-needed his legal career, the issues took with JRD lawyers in represent- direct services to society’s most on new urgency in the late 1990s ing their child clients. Many of vulnerable families. with the passage of two pieces of these clients were older youth, legislation. In 1996, Congress including those with signifi- imposed restrictions on federally cant immigration issues. Again, funded civil legal services pro- a legislative impetus spurred web exclusive grams that, among other things, the CAC to action. For several Learn more about prohibited them from providing years, working with clinical staff Columbia Law School’s Child Advocacy Clinic. any assistance to clients who are attorney Ragini Shah (Associate law.columbia.edu/mag/ incarcerated. In 1997, Congress Clinical Professor of Law, Suf- columbia-CAC

ILLUSTRATION BY JOHN BERRY LAW.COLUMBIA.EDU/MAGAZINE 55 at issue: FINANCIAL STABILITY

Yielding to industry pressure, the SEC has punted on a crucial issue of financial stability reform. That is bad news for the future of our financial system. BY JEFFREY N. GORDON, RICHARD PAUL RICHMAN PROFESSOR OF LAW

In an all-too-familiar pattern, the Securities and Exchange Commission (SEC) has backed down in the face of industry pressure and dropped a key proposal to prevent a repetition of the 2008 financial crisis. Despite the steadfast efforts of former chair Mary L. Schapiro, a divided commission recently rejected further steps toward reform of money market funds, a $3 trillion financial intermediary that was at ground zero of the financial crisis and still presents a continuing threat to financial system stability.

A powerful industry group, At the onset of the finan- lar invested in turn triggered a as a bailout and subsequently mutual funds and some of cial crisis, the Lehman Broth- massive run—$300 billion in stripped Treasury of its guaran- their clients, have persuaded ers bankruptcy forced a large a week—that was halted only tee power and limited the Fed three SEC commissioners to money market fund, Reserve by extraordinary government as well. ignore the near implosion of Primary, to “break the buck,” intervention. The U.S. Treasury In 2010, the SEC adopted the money market fund sec - or drop below the $1 fixed net guaranteed all existing money measures in an effort to add tor in 2008. Here are their asset value (NAV) that makes fund deposits and the Federal some stability to money market names, for now is an account- a money fund a functional sub- Reserve provided emergency funds. In particular, it required ability moment: Luis A. Agui- stitute for a bank transactional liquidity facilities and took on the funds to hold more liquid lar, Daniel M. Gallagher, and account. The prospect of receiv- unprecedented credit risk. Con- assets and limited the types of Troy A. Paredes. ing less than $1 for each dol- gress rightly saw these actions assets that can be held. These

56 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 measures were understood as would add considerable stabil- partial, to buy time for the regu- ity to the money market fund lators to investigate the money industry. These were the cru- market fund stability problem cial elements of the squelched more thoroughly. SEC proposal. Through subsequent research Money market funds assem- and analysis, this is what we ble diversified packages of have learned (or been reminded short-term credit claims, par- of): Money market funds buy ticularly short-term claims securities that are not risk-free. issued by banks and other Indeed, some funds may “reach financial institutions. In their for yield” because many inves- present fixed-NAV form, tors are attracted by higher money funds can play a useful yields, and the sponsor’s profits transactional role as a bank typically increase as the pool of substitute, especially for large managed assets grows larger. It institutions with significant isn’t hard to identify the funds cash balances that exceed the that are “reaching.” The market limits of deposit insurance is very efficient—higher yields guarantees. But the stabil - mean higher risk. In times of ity of the financial system is financial distress, the intensity a public good that cannot be of the investors’ “run” is sig- sustained in the presence of nificantly greater at funds with pervasive free-riding. The higher yield (and risk). present money fund structure We have also learned that is like a nuclear power plant the stability of the money fund atop an earthquake fault: The industry depends upon implicit question of a disaster is not sponsor guarantees. Various whether, but when. analyses from Moody’s, the But Congress foresaw that a SEC, and the Boston Fed have economies and reaching for THE SECURITIES particular financial regulator agreed that support from spon- yield to minimize losses from AND EXCHANGE might be stymied by industry sors—subsidizing the fund to fee waivers—all without any forces. Thus the Dodd-Frank COMMISSION HAS protect net asset value—was all testing of sponsor capacity to legislation places ultimate that prevented more than two provide support and without BACKED DOWN responsibility in a “college” of dozen funds from breaking the any binding commitment to IN THE FACE OF regulators, including the SEC, buck during the crisis period do it. INDUSTRY PRESSURE that make up the Financial that began in 2007. The core problem, which AND DROPPED Stability Oversight Council The July 2012 report of the SEC staff identified and (FSOC). The FSOC has two A KEY PROPOSAL Treasury’s new Office of Finan- sought to address in the relevant powers: First, it can cial Research underscores this reforms rejected by the three TO PREVENT “issue recommendations” to continuing problem. Funds are commissioners, is that money A REPETITION the SEC to apply “heightened seriously exposed to the credit funds hold risky assets but OF THE 2008 standards and safeguards” for risk of their portfolio assets. have no independent capac- FINANCIAL CRISIS. an activity, like maintaining Treasury found that 105 funds ity to bear loss—no capital a money market fund, that are at risk of breaking the nor any other loss-absorbing it deems a systemic threat. buck if any of their largest 20 layer. In times of systemic Second, the council can issuers default. Sponsor sup- instability, money fund users determine (by a two-thirds port is crucial. will run because being first in vote) to subject particular Yet, in a punishingly low line to redeem may increase money market funds or fund interest rate environment, the chance of receiving 100 complexes to Fed oversight the industry has been con - percent of their investments. upon a determination that solidating to maximize scale A required “holdback” of a they “could pose a threat to small percentage of depos - the financial stability of the ited funds for a fixed period United States.” would reverse the run dynam- The SEC having punted, twitter ics because it would mean that the ball is now in the FSOC’s Follow us on Twitter an investor’s best chance to court. This is an accountability for news and updates. @ColumbiaLaw avoid loss is in not running. moment for other U.S. financial That plus a small capital layer regulators as well.

ILLUSTRATION BY KEN ORVIDAS LAW.COLUMBIA.EDU/MAGAZINE 57 class notes: STAYING IN TOUCH

Columbia Law School graduates from around the world share news of their professional and personal accomplishments

1950 LOIS C. WALDMAN accepted a 2012, Josephson taught a ALI CLE (formerly known on real estate development, nomination to join the Colum- legal course on philanthropic as the ALI-ABA), which is land use, financing and com- bia Law School Association organizations at Brooklyn a joint venture between the mercial real estate, corporate board of directors. Waldman Law School. American Law Institute and law, and transactional law. has previously served as the American Bar Association Mandelbaum is president of co-director of the American SETH ROSNER recently that strives to promote con- the firm, as well as a found - Jewish Congress Commission received the Michael Franck tinuing legal education. ing member. on Law and Social Action in Professional Responsibility New York City. Award from the American 1960 1964 Bar Association. The award JAMES A. SPADY, who 1954 recognizes legal profession- previously served as direc- YALE KAMISAR, LL.B., profes- als who have dedicated their tor of the University of sor emeritus at the University careers to legal ethics and Pennsylvania’s Fels Institute of Michigan Law School and disciplinary enforcement. of Government, was recently the University of San Diego Rosner, who practices law in honored by the institute in School of Law, recently Saratoga Springs, N.Y., is a connection with its 75th co-authored the 13th edition founding director and former anniversary. At a June of Modern Criminal Procedure. president of the Association convocation, bound letters The casebook was first pub- of Professional Responsibility from many of Spady’s 600 lished in 1965. Kamisar has Lawyers and has served inter- former graduate students been co-author of all 13 edi- mittently as a member of the were distributed, and it was tions of the publication. ABA House of Delegates for announced that a seminar 45 years. room (with an oil portrait of GEORGE H. LOWE, LL.B., 1955 Spady) and a graduate stu- rejoined Bond, Schoeneck WILLIAM JOSEPHSON is 1959 dent scholarship would be & King in Syracuse, N.Y., working with the New York State ROBERT WHITMAN recently named in his honor. where he serves in the firm’s Law Revision Commission to celebrated his 45th anni- litigation department, revise not-for-profit corporation versary of teaching at the 1961 concentrating his practice law in New York. Josephson University of Connecticut BARRY R. MANDELBAUM, LL.B., on white-collar criminal also teaches a course on the School of Law, where he is managing partner at defense and complex federal law of nonprofit organizations specializes in American legal Mandelbaum Salsburg, a civil litigation. Lowe returned at New York University’s history, as well as trusts and firm with offices in New to the firm after serving as School of Continuing and estates law. Whitman also Jersey, New York, and a United States magistrate Professional Studies. In produces programs for the Florida. His practice focuses (continued on page 60)

58 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 class of: ’60

JOEL MALLIN ’60 ON DISPLAY

Joel Mallin ’60 still recalls exactly what he did with the first Throughout the course of his career, Mallin put a prior- paycheck he received as a tax law associate at the Manhat- ity on building his art collection. He and his wife, Sherry, tan office of Roberts & Holland. “I went and bought a Kirch- began acquiring sculpture in the 1980s, and their col- ner woodcut,” he says, adding that the German Expressionist lection now includes works by Richard Serra and Andy print was small—only about 8 inches by 6 inches. “I gave the Goldsworthy, as well as a section of Big Bambú (pictured gallery $50 and paid the balance over six months.” above), a sculptural installation that appeared on the roof A lifelong art enthusiast, Mallin began working at Roberts of the Metropolitan Museum of Art in 2010. & Holland on the recommendation of then Columbia Law Mallin explains that he is semi-retired these days, but School dean William C. Warren, one of the firm’s founders. he remains very busy. The couple’s 15-acre Westchester Tax law was a natural fit for Mallin, who shifted away from a property currently features 70 outdoor sculptural instal- career in metallurgical engineering to attend the Law School. lations and between 2,000 and 3,000 visitors come by “In engineering school, you’re taught that there’s an answer each year to view them. “We do this because it gives us to every problem,” he says. “When you get to law school, great joy,” says Mallin. “It’s a labor of love.” that is very useful. I certainly dealt with num- bers very easily and was able to analyze ideas in MALLIN’S EXTENSIVE ART COLLECTION terms of tax savings and alternate possibilities.” INCLUDES COMMISSIONED WORKS In 1964, Mallin put his tax acumen to work in FROM SCULPTORS RICHARD SERRA AND Washington, D.C., where he served as a staff ANDY GOLDSWORTHY. assistant for the chief counsel of the Inter- nal Revenue Service. The Bronx native soon returned to private practice and eventually started his own company, which specialized in leasing heavy-duty transportation equipment.

LAW.COLUMBIA.EDU/MAGAZINE 59 1966 1969 judge for the Northern District 1966 directors. Pronin has his J. DONALD (DONNY) DIAL JR. of New York since 2004. Lowe own practice in New York was recently selected for is co-chair of the New York State that specializes in legal advice inclusion in the 2013 edi- Bar Association’s Committee on and regulatory compliance tion of The Best Lawyers in Access to Justice. consultation to securities America. Dial practices in broker-dealers and clearing the Columbia, S.C., office of 1965 firms. He has served as trea- Haynsworth Sinkler Boyd, surer of the board since 2004. where he focuses on trusts and estates, as well as tax law. JOSEPH RYAN serves as lead independent trustee of RLJ RODERICK L. IRELAND recently Lodging Trust, a publicly began his third year as chief KARL HOLTZSCHUE, LL.B., traded real estate investment justice of the Massachusetts recently received the Profes- trust based in Bethesda, Md. Supreme Judicial Court. sionalism Award from the In 2006, Ryan retired from Ireland, who became the real property law section of his position as executive vice state’s first African-American the New York State Bar Asso- president and general counsel chief justice when he was ciation. Holtzschue was chair with Marriott International. appointed in 2010, has been of the section from 2007 to a member of the court since 2008. His book, Holtzschue 1968 1997, when he was appointed VICTOR E. SCHWARTZ, a on Real Estate Contracts as an associate justice. former professor and dean at and Closings: A Step-by-Step the University of Cincinnati Guide to Buying and Selling 1970 College of Law, has been hon- Real Estate is now available in CHARLES E. DONEGAN, LL.M., ored with a professorship in a Kindle edition. received a certificate in his name at the school. His mediation this past May former students helped endow CHRISTOPHER R. SEPPÄLÄ from the Federal Mediation a Victor E. Schwartz Chair has been appointed vice and Conciliation Service, an in Tort Law at the law school president emeritus of agency that handles arbitra- where he taught for so many the International Court tion and mediation of labor years. Schwartz currently chairs of Arbitration of the disputes, as well as contract the public policy group at the International Chamber of negotiations. Donegan Washington, D.C., office of Commerce for the period specializes in arbitration, Shook, Hardy & Bacon. Since of July 1, 2012, to June 30, A. LEE LUNDY JR., LL.B., was and his office is located in 1976, he has served as a 2015. Seppälä is a partner at recently honored with the Washington, D.C. co-author for the nation’s most White & Case in Paris, where Grahovac Award by Meritas widely used torts case book, he specializes in interna- Law Firms Worldwide, which CORMAC K.H. O’MALLEY is Torts: Cases and Materials. tional dispute resolution. He is a global alliance of inde- editor of the recent book, also serves as special adviser pendent, full-service law The Men Will Talk to Me: D. BRUCE SHINE was named to the contracts committee of firms. A partner at Tydings Kerry Interviews by Ernie chair of the Tennessee the Fédération International & Rosenberg in Baltimore, O’Malley. His father, Ernie, Supreme Court’s alternative des Ingénieurs-Conseils. Lundy was recognized for served as an officer in the dispute resolution commission. his service, leadership, and Irish Republican Army dur- His term will last until 2014. 1967 dedication as a Meritas mem- ing Ireland’s fight for inde- Shine heads a law firm based in IRWIN PRONIN accepted a ber lawyer. Lundy previously pendence and was the author Kingsport, Tenn., that handles nomination this past spring served as chairman at Meritas, of three books. O’Malley has cases in a range of practice to serve another term as trea- and he continues to work as edited numerous posthu- areas, including labor and surer of the Columbia Law an active participant within mous volumes of his father’s employment law. School Association board of the organization. (continued on page 62)

60 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 class of: ’77

CATHERINE R. McCABE ’77 KEEPING WATCH

As a child, Environmental Protection Agency judge “We brought a lawsuit on behalf of the Army and the Catherine R. McCabe ’77 spent summers swimming and EPA, and we got the company to share responsibility for catching frogs at her family’s home on Lake George in the long-term cleanup,” says McCabe. “Because we sued for the Adirondacks. Over the years, air pollution from power $1.8 billion, it made the front page of The New York Times.” plants caused the lakes in the region to become increas- In 2005, after more than two decades with the Justice ingly acidic, which damaged fish populations. Department, McCabe joined the EPA as the deputy admin- As the environmental impact grew more apparent, istrator of its Office of Enforcement and Compliance Assur- McCabe’s career provided her with the opportunity to help ance. There, she supervised approximately 800 agency preserve that ecosystem—she litigated Clean Air Act cases employees. In 2012, McCabe began working as an adminis- as an attorney for the Justice Department’s environmental trative appeals judge at the EPA. It’s quite a change, she says. enforcement section. “The installation of pollution controls As a judge, McCabe presides over cases involving environ- and the resulting significant pollution reductions have a mental permitting and enforcement issues. “It’s a very differ- direct benefit on protecting the lakes I love,” McCabe says. ent aspect of the practice,” she says. “But it’s exciting to be But the impact of McCabe’s work extends far beyond the reading, thinking, and writing law again.” Adirondack region. As a young attorney in the early 1980s, for instance, she helped the McCABE’S CAREER PROVIDED HER WITH Justice Department enforce the cleanup of THE OPPORTUNITY TO HELP PRESERVE AN the Rocky Mountain Arsenal outside of Den- ECOSYSTEM THAT SHE TRULY LOVES. ver. McCabe explains that the Army manufactured chemical weapons there through World War II and that subsequent corporate use of the land led to contamination of the area’s groundwater.

LAW.COLUMBIA.EDU/MAGAZINE 61 work. He currently lives section of the New Jersey State Liebman in Portland, Ore., work of the late pop artist in Stonington, Conn., and Bar Association. was appointed by Oregon James Rizzi. serves as a consultant on Governor John Kitzhaber international legal matters. to the state’s Public Officials 1973 Compensation Commission. ROBERT F. HERRMANN was BRUCE RATNER, developer and In this role, Harnden will among a team of writers who majority owner of the new recommend compensation for recently completed Law For Barclays Center in Brooklyn, the governor, the legislature, Architects: What You Need To received formal approval all appellate and circuit court Know, which was published from the NBA for the New judges, and the state attorney by W.W. Norton & Company Jersey Nets basketball team general, among others. this past spring. The book to relocate to Brooklyn and focuses on how legal con- play at the arena. In a state- TED RUTHIZER practices cepts can affect the archi- ment, Ratner and Nets immigration law as a partner tectural process. Herrmann principal owner Mikhail and co-head of the business has served as a partner at Prokhorov thanked DAVID AUDREY STRAUSS was recently immigration group at Kramer the New York City law firm STERN ’66, commissioner of named chief legal officer of Levin Naftalis & Frankel in Menaker & Herrmann for the NBA, for his role in mak- Alcoa, the nation’s largest New York City. Ruthizer also the past 28 years. ing the move possible. producer of aluminum. She teaches a seminar focusing on works in the company’s New immigration law at Columbia 1974 1971 York City office and also Law School. JOHN GUBBINS recently JULIAN L. McPHILLIPS JR. holds the titles of chief com - released his new novel practices law as the senior pliance officer and corporate MELVYN J. SIMBURG was Profound River. The work partner, founder, and secretary. Strauss serves as recently appointed vice chair of historical fiction tells president of McPhillips president of the New York of the international intel- the story of Dame Juliana Shinbaum, a six-lawyer firm Council of Defense Lawyers, lectual property rights com- Berners, a nun who was operating out of a renovated as a fellow of the American mittee of the American Bar credited with inventing fly 1870s Victorian house near College of Trial Lawyers, Association’s section on inter- fishing. Gubbins lives with downtown Montgomery, and is vice president of the national law. Simburg was his wife, Carol, in the Upper Ala. His firm specializes in Federal Bar Council. also reappointed as editor for Peninsula of Michigan. civil rights, personal injury, the international intellectual employment, and criminal 1972 property rights section of RICHARD LISKOV has been defense matters. MICHAEL H. BARNETT was The International Lawyer, a appointed as a lecturer-in-law by named vice chair of the quarterly journal published the Columbia Law School faculty. WILLIAM S. SINGER, who prac- board of directors for the by the ABA. He practices at He will teach a seminar on U.S. tices law at Singer & Fedun American Health Assistance the law firm Simburg, Ketter, insurance regulation. Liskov in Belle Mead, N.J., recently Foundation, an organiza- Sheppard & Purdy in Seattle. practices at Chadbourne & received the 2012 ACLU-NJ tion that provides funding Parke in New York City and Bill of Rights Award. The for research on age-related HENRY WELT was recently previously served as deputy award recognized Singer’s degenerative diseases. appointed chair of the superintendent and gen- work on behalf of the LGBT Barnett is of counsel at Lieber Entrepreneurship for eral counsel of the New York community in New Jersey. & Associates and also holds the Fashion and Design Insurance Department. Singer was also honored with an M.S. in hospital admin- Industries Department at the Presidential Award from istration from the Mailman the Fashion Institute of 1975 the 2012 New Jersey Associa- School of Public Health at Technology (State University RANDALL A. MACKEY accepted tion for Justice, and received Columbia University. of New York). Welt continues a nomination this past spring the first ever Lifetime Achieve- to practice law, and he serves to continue serving on the ment Award from the gay EDWIN A. HARNDEN, the man- as co-CEO of the James Rizzi Columbia Law School lesbian bisexual transgender aging partner at Barran Studio, which represents the (continued on page 64)

62 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 BRUCE L. DAVIS ’79 TECH SAVVY

Bruce L. Davis ’79 wants people to spend less time technology extends back several decades. In the 1980s, he fiddling with their phones and more time engaging with helped Activision navigate the volatile video game industry the things around them. As the head of Digimarc, a com- as the company’s CEO and chairman. Thereafter, he went pany specializing in digital watermarking technology, on to create TV Guide On Screen, an electronic program Davis hopes to facilitate that shift by advancing technolo- guide that was eventually acquired by Rovi Corporation. gies that enable smartphones and tablet devices to be At the moment, though, he could not be more excited more efficient and interactive. about his most recent foray into the realm of technologi- “A lot of the time you spend messing around with your cal innovation. “I’m fascinated with the notion that media mobile device is inefficient—you’re typing a lot of stuff,” objects can be given digital identities that allow them to be says Davis. It doesn’t have to be that way, he adds. Davis reliably and automatically identified by digital devices with points to Digimarc’s digital watermarking process, which cameras and microphones, giving mobile devices the capa- is based on embedding a carrier signal into a photo or bility to see and hear like people do,” says Davis. a document. For instance, smartphone users can scan Davis’ image below using the Digimarc Discover appli- DAVIS HOPES THAT TECHNOLOGICAL cation and be linked directly to additional information ADVANCEMENTS WILL ENABLE online—and the process can be done without having to SMARTPHONES AND TABLET grapple with several tiny cell phone buttons. DEVICES TO BE MORE INTERACTIVE. Davis, who helped establish the intellectual property practice at the San Francisco office of Orrick, Herrington & Sutcliffe early in his career, has served as the CEO of Digi- marc since 1997, but his work in the field of cutting-edge

class of: ’79

PHOTOGRAPHED BY TK LAW.COLUMBIA.EDU/MAGAZINE 63 Association board of direc- STEVEN GLICKSTEIN and State Supreme Court. Her of Phillips Nizer’s German tors. Mackey, who will be the his wife recently moved current courthouse is home practice and provides coun- board’s Salt Lake City vice to Paradise Valley, Ariz. to 17 judges, six of whom are sel to clients from Germany, president, is president of Glickstein continues his work Columbia Law School gradu- Austria, and Switzerland. Mackey Price & Mecham, a at Kaye Scholer in New York ates, including Presiding business law firm in Salt Lake City, where he has been a part- Justice LUIS A. GONZALEZ ’75. JOSHUA RUBENSTEIN, a City. He has served on the ner since 1985. He specializes co-managing partner at Katten board since 2000. in product liability litigation. ELLEN ORAN KADEN was hon- Muchin Rosenman in New ored by Executive Women York City, was recently named JOSEPH W. SCHMIDT accepted STAN KASTEN, a longtime of New Jersey at its annual International Lawyer of the a nomination this past spring baseball executive, is a part- Salute to the Policy Makers Year by Citywealth magazine to become the Columbia Law ner in a group that recently awards dinner. She was one as part of the publication’s School Association board of became the new owners of the of 35 New Jersey executives Citywealth Magic Circle directors’ Chicago vice president. Los Angeles Dodgers. Magic recognized as women of Awards 2012. The award cel- Schmidt is senior vice president, Johnson, of Los Angeles Lakers professional distinction by ebrates leading advisers to the general counsel, and secretary fame, is also a member of the New Jersey Governor Chris wealth industry. for Dover Corporation. group. Kasten, former presi- Christie at the dinner. Kaden dent of the Atlanta Braves and is senior vice president and ROBERT WECHSLER currently 1976 Washington Nationals, will run chief legal and public affairs serves as the director of research GARY APFEL was recently the team. officer for Campbell Soup. for City Ethics, a nonprofit named by Super Lawyers She is also a trustee emerita of website that provides a cen- magazine as a top attorney KENNETH E. MEISTER recently Columbia University. tralized location for infor- in Southern California for opened Meister Mediation mation on local government 2012. Each year, no more Services, a mediation and 1978 ethics programs. Wechsler than 5 percent of the lawyers alternative dispute resolution TIMOTHY FISHER serves as also writes the site’s local in California receive this practice, in Brooklyn, N.Y. president of the Connecticut government ethics blog, and honor. Apfel, whose practice Meister specializes in finan- Bar Foundation, which he has recently completed focuses on financial and con- cial services, broker-dealer functions as the primary the book Local Government sumer financial services, is a matters, and employment funding source for legal aid Ethics Programs. partner at Pepper Hamilton dispute resolution. in Connecticut and spon- and oversees the firm’s Los sor of numerous programs 1980 Angeles office. He also serves ALAN S. NAAR accepted a to advance justice and the DANIEL FLYNN recently pub- as co-chair of the firm’s nomination this past spring rule of law. Fisher is a part- lished a book titled Love consumer financial services to serve another term on the ner in McCarter & English’s Life 101: What Near-Death practice group. Columbia Law School Asso- Hartford office. Experiences and the Mystics ciation board of directors. He Teach Us about Love, Romance PHILIP P. CROWLEY is the will be the organization’s New 1979 and the School of Life. Flynn’s assistant general counsel and Jersey vice president. Naar ALAN BEHR recently joined book describes how people environmental law counsel is a partner at Greenbaum, Phillips Nizer’s New York who undergo near-death for Johnson & Johnson. He Rowe, Smith & Davis, where City office as a partner in the experiences often return with serves as a director for the he specializes in commercial firm’s corporate and business an enlightened, 20/20 hind- Association of Corporate litigation. He has served on law department. Behr repre- sight perspective on what is Counsel in Washington, D.C., the board since 2000. sents clients in international important in life. Flynn prac- and the New Jersey Corpo- and domestic intellectual tices environmental law in the rate Counsel Association. 1977 property matters, and he also greater New York City area. Crowley is also a member of SHEILA ABDUS-SALAAM is maintains an arbitration and the board of trustees at Ste- an associate justice of the mediation practice. A citizen KENNETH J. LANGAN was vens Institute of Technology Appellate Division, First of both the United States and recently appointed assistant in Hoboken, N.J. Department, of the New York Germany, he is a member (continued on page 66)

64 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 class of: ’83

VICTORIA BJORKLUND ’83 NONPROFIT ROCKSTAR

When Victoria Bjorklund ’83 shook hands with members of That work earned her widespread recognition, including from the Rolling Stones at Radio City Music Hall one evening in the American Bar Association’s business law section, which 2006, the meeting represented more than an opportunity honored Bjorklund with its Vanguard Award for Lifetime to interact with rock ‘n’ roll royalty. The band performed Achievement and Commitment to Nonprofit Law in 2012. that night in support of the Robin Hood Foundation, a Bjorklund has served as the pro bono legal counsel for nonprofit organization working to end poverty in New Doctors Without Borders since 1988. One of the proudest York City, and Bjorklund, a partner at Simpson Thacher moments of her career, she says, was when that organi- & Bartlett and founder of the firm’s exempt organizations zation, which provides medical care to the needy around practice group, drafted the contract for the benefit. the world, received the Nobel Peace Prize in 1999. “I work on the legal plumbing behind the scenes so that “The contact I have with people while working in this field charities can focus on their missions,” says Bjorklund, who is intensely gratifying,” says Bjorklund. “I can’t think of a more also serves as a member of New York Attorney General fulfilling field of law.” Eric T. Schneiderman’s Leadership Commit- tee on Nonprofit Revitalization. “I WORK ON THE LEGAL PLUMBING BEHIND THE After September 11, many nonprofit orga- SCENES SO THAT CHARITIES CAN FOCUS ON nizations in New York City shifted their focus THEIR MISSIONS,” SAYS BJORKLUND. to helping victims, their families, and the small businesses affected by the terrorist attacks. Bjorklund quickly took note, engaging in intensive pro bono work and providing invaluable legal expertise during relief efforts.

LAW.COLUMBIA.EDU/MAGAZINE 65 general counsel for Southern lawsuits. Thomasch has been cializes in litigating termite Society for the Prevention of California Gas Company, named “A Super Lawyer” by damage claims. Cruelty to Animals and is a which is headquartered in Law & Politics every year member of the Council on Los Angeles. The company is since 2006 for both product ANDREA LEE NEGRONI was Foreign Relations. the largest natural gas distribu- liability defense and intellec- named adjunct associate pro- tion utility in the United tual property litigation. fessor of law at the American JOSEPH F. WAYLAND recently States and services a territory University Washington College returned to the New York City that encompasses approxi- CRAIG WEINLEIN, LL.M., recently of Law in Washington, D.C. office of Simpson Thacher & mately 20,000 square miles published The Art of Witness Negroni recently co-taught the Bartlett after serving as acting throughout Central and Preparation: How to Prepare class Beyond the Law Firm: The chief of the U.S. Department Southern California, from Your Witnesses to Testify Role of Corporate, Government of Justice Antitrust Division. Visalia to the Mexican border. Effectively at Civil Trials, and Non-Profit Institution Wayland, a partner in the Hearings, and Depositions. Counsel, with fellow Law School firm’s litigation practice, STEPHEN MADSEN was The book was written to help graduates PETER C. HARVEY ’82, served as the government’s recently inducted into the attorneys teach witnesses to JEH C. JOHNSON ’82, CONNIE top antitrust lawyer subse- Order of Merit at the Italian testify persuasively at civil E. SIMMONS ’82, ANDREW W. quent to his appointment Consulate in New York City, trials, hearings, and deposi- WILSON ’82, and ROD BOGGS ’66. by Attorney General ERIC H. receiving a diploma and tions. Weinlein is a partner HOLDER, JR. ’76. pin for his service to the at Carrington, Coleman, 1983 Republic of Italy. Madsen Sloman & Blumenthal, where JULIE M. ALLEN was recently 1984 serves as a partner in he specializes in intellectual appointed to the board of Cravath, Swaine & Moore’s property matters and handles directors for the New York litigation department. trademark cases. City branch of the Everybody Wins! children’s literacy DAVID SUSSMAN recently was 1982 group. Allen is a partner in named senior vice president the corporate department and chief legal officer for the of Proskauer Rose. She is content distribution division of co-head of the firm’s capital NBCUniversal. In his new markets group and focuses her role, Sussman is responsible practice on general corporate for the legal and business affairs law and securities matters. of a multibillion-dollar content portfolio that includes 18 C. ALLEN PARKER was recently national cable networks and elected presiding partner at PENELOPE (PENNY) ANDREWS, 11 regional sports networks, as Cravath, Swaine & Moore in LL.M., became Albany Law well as the NBC and Telemundo New York City. Parker had been School’s 17th president and dean. broadcast networks. the deputy presiding partner She is the first female president of the firm since 2007. He has of the law school, which was 1981 PETER M. CARDILLO was extensive experience in a broad founded in 1851. Andrews, who DANIEL THOMASCH, a part- recently recertified in the range of finance, banking, was born and raised in South ner with Gibson, Dunn & specialty area of business and related matters, including Africa, has taught in the U.S., Crutcher in New York City, litigation by the Florida Bar syndicated loan transactions, Germany, Australia, Holland, was recently inducted as a fel- Association. Board certifica- acquisition financings, and lev- Scotland, and South Africa. low of the American College of tion is the highest mark of eraged recapitalizations. Parker Along with various other awards, Trial Lawyers. Thomasch spe- competency and experience serves on the board of visitors for Andrews holds a Women of cializes in product liability and given by the Florida Bar. Columbia Law School and the South Africa Achievement patent infringement actions, Cardillo is a founding part- board of trustees of the National Award. She has consulted often devising litigation strat- ner of Cardillo Law Firm in Humanities Center. He is a for numerous organizations, egies for multiple interrelated Tampa, Fla. The firm spe- board member of the American (continued on page 68)

66 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 class of: ’88

NANCY NORTHUP ’88 INTO THE FRAY

Nancy Northup ’88, the president and CEO of the Center During her nearly 10 years with the center, she has for Reproductive Rights, cuts directly to the heart of the overseen the opening of offices in Colombia, Kenya, matter when it comes to what drives her work. “What we and Nepal. “We’ve been deepening and strengthening work toward is a day when women’s reproductive rights the international work that we do,” says Northup, who are viewed as fundamental human rights and not an issue recently visited the center’s new office in Nepal. “I make of politics,” she says. it a point not to just engage with legal colleagues but to While Northup is able to express the center’s mission also visit local clinics.” succinctly, her daily efforts tend to be extremely chal- In addition, Northup has focused on building the cen- lenging and often attract national media attention. For ter’s pro bono network during her tenure. She notes that instance, since 2004, the Center for Reproductive Rights the estimated value of pro bono support to the cen- has represented Mississippi’s only reproductive rights ter annually from domestic and foreign law firms has clinic in its fight to overturn a state law that would impose increased from $79,000 to $4.6 million during that span. restrictions on its services. If the law remains in effect, the clinic will not be able to con- UNDER NORTHUP’S LEADERSHIP, THE CENTER tinue operating, and Mississippi will be the FOR REPRODUCTIVE RIGHTS HAS OPENED only state in the U.S. without such a facility. OFFICES IN COLOMBIA, KENYA, AND NEPAL. Northup and her team scored a victory in 2012, when a district judge issued a partial preliminary injunction that allowed the clinic to remain open while litigation moved forward on the constitutionality of the state statute.

LAW.COLUMBIA.EDU/MAGAZINE 67 including the United Nations of Compton, Calif., on behalf investigations, and complex Pennsylvania. She specializes Development Fund for Women, of Latino voters that will result civil litigation. He previously in white-collar investigations, and has published extensively in district elections for city served on the board from including health care fraud. on topics related to gender and council for the first time in that 2000 to 2004. Magid has served as the racial equality, South African city’s history. board’s Philadelphia vice legal issues, Australian legal president since 2010. issues, and international justice. DANIEL B. KOHRMAN serves as a senior attorney with JAMES A. WILSON was recently TERESA BRYCE BAZEMORE AARP’s legal advocacy unit, named a 2012 Ohio Super accepted a nomination this past AARP Foundation Litigation. Lawyer in the field of anti - spring to become the Columbia Kohrman represents older trust litigation by Super Law School Association board workers in class-action age Lawyers magazine. Wilson of directors’ Philadelphia vice discrimination cases. He also serves as a partner at the president. Bazemore is presi- is a member of the boards Columbus, Ohio, office of dent of Radian Guaranty Inc., of the American Diabetes Vorys, Sater, Seymour and a subsidiary of Radian Group Association and the Pease. He represents clients Inc., a global credit risk man- National Employment in a broad range of antitrust agement company. Lawyers Association. STEPHEN B. KEOGH, a law- matters, including criminal yer with the firm Keogh, investigations and trials. PAMELA EMMERICH, LL.M., DAVID PAUKER was recently Burkhart & Vetter in recently received an honor- inducted as a fellow into Norwalk, Conn., was hon- 1986 ary fellowship from The the American College of ored by the Connecticut EDWARD B. FOLEY was recently Hebrew University of Bankruptcy, an honorary Probate Assembly with named the Chief Justice Jerusalem. A graduate of professional and educational the Glenn E. Knierim Pro Thomas J. Moyer Professor The Hebrew University’s association of bankruptcy Bono Award. The award for the Administration of Rothberg International School, and insolvency profession- was created this past year to Justice and the Rule of Law Emmerich was recognized als. Pauker was also recently recognize attorneys assist- at The Ohio State University for her dedication and appointed to the board ing Connecticut residents Moritz School of Law in leadership in a wide array of of directors of Lehman who cannot afford legal Columbus, Ohio. Foley, philanthropic, educational, Brothers under its bank- representation in the state’s who is regarded as one of and Jewish communal causes. ruptcy plan. Pauker serves probate courts. In addition the nation’s leading experts Emmerich currently serves as the executive managing to providing decades of legal on election law, is also the as president emeritus of the director at Goldin Associates, assistance to individuals and director of Election Law American Friends of The a financial advisory and families in the probate courts @ Moritz, a nonpartisan Hebrew University’s Greater turnaround consulting firm of lower Fairfield County, research, education, and New York Region board. in New York City. He leads Keogh has served for many outreach program. Goldin’s national restructur- years, without compensation, GAY GRUNFELD recently ing advisory practice. as conservator to incapaci- EFREM M. GRAIL recently became a name partner at the tated individuals. finished a two-year term as San Francisco civil rights litiga- 1985 president of Neighborhood tion firm Rosen Bien Galvan PETER E. BALL accepted a LAURIE MAGID accepted a Legal Services Association in & Grunfeld. She focuses her nomination this past spring nomination this past spring southwestern Pennsylvania. practice on complex civil to become the Columbia Law to become first vice president The organization offers free ser- litigation, with an emphasis School Association board of of the Columbia Law School vices for individuals who would on civil rights, employment directors’ Boston vice presi- Association board of direc- otherwise be denied access to law, business, and attorneys’ dent. Ball is a partner at Sally tors. Magid is an assistant legal resources. Grail serves fees cases. Grunfeld recently & Fitch in Boston, where he United States Attorney at as a partner at the Pittsburgh concluded the settlement of a specializes in white-collar the U.S. Attorney’s Office office of Reed Smith. He con- voting rights case with the city criminal matters, government in the Eastern District of ducts internal investigations,

68 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 litigates complex business dis- Champion Award this past the New York City law firm group head, and lead region putes, handles injunctions and spring. The award was pre- Menaker & Herrmann, where counsel for U.S. Markets at civil trials, and provides advice sented by the New York City she specializes in intellectual MasterCard Worldwide. on compliance matters. Bar Association. Liu is a cor- property matters, employ- porate senior vice president, ment law, and issues related general counsel, and secretary to construction. of Xerox Corporation, where he oversees the company’s ALICE F. YURKE accepted legal and government affairs. a nomination to join the He is also the vice chairman Columbia Law School of the Asian American Association board of direc- Diversity Advisory Council for tors. Yurke is a partner at Comcast Corporation. Liu is a Jones Day in New York City, member and former chairman where she works in the bank- of the board of directors for ing and financial sectors, with the Minority Corporate an emphasis on structured Counsel Association. and derivative products. KAREN GLEDHILL, an attorney YOUNG-CHEOL JEONG ’86 J.D., Yurke frequently speaks at with Robinson Bradshaw & ’84 LL.M., has joined Apex LORRAINE S. McGOWEN recently industry-wide conferences Hinson in Charlotte, N.C., was LLC in Seoul, South Korea, received a 2012 Diversity & and has authored several recognized with the 2011–12 as managing partner. Jeong Inclusion Champion Award. articles on issues facing finan- Distinguished Service Award specializes in corporate and The New York City Bar cial products. Yurke serves by the North Carolina Bar finance matters at the firm. Association presented the on several boards, including Association’s health law sec- He spent the past five years award. McGowen is a partner the board of the Tenement tion. She is co-chair of the as a professor at Yonsei in the restructuring practice Museum. She is also vice firm’s health care practice University Graduate School group at Orrick, Herrington chancellor for the Episcopal group. Gledhill has served of Law in Seoul. During that & Sutcliffe. She is also a Diocese of New York. on several boards of direc- time, Jeong published two member of the firm’s board tors, including the National casebooks and numerous law of directors and has chaired 1988 Children’s Oral Health review articles. the firm’s diversity and inclu- DAVID BAYNE was reelected Foundation. In addition to sion initiative since 2005. to the board of selectmen in her pro bono work, she vol- WALTER T. KILLMER JR. McGowen is involved with a Darien, Conn. This is his third unteers as a mentor for young accepted a nomination this number of committees and term on the board. Bayne is practitioners and has served past spring to continue serv- boards, including the board of a partner specializing in as chair of the Mecklenburg ing as the Columbia Law directors for Legal Momentum litigation of complex commer- County Bar’s Leadership School Association board of and New York Lawyers for the cial cases and professional Institute. Among numerous directors’ Los Angeles vice Public Interest. malpractice defense at awards and accolades, Gledhill president. Killmer is a prin- Kavanagh, Maloney & was selected as the Charlotte cipal at Rodi Pollock Pettker 1987 Osnato in New York City. Health Care Lawyer of the Christian & Pramov, where he CHERYL L. DAVIS was among Year for 2012. specializes in estate and trust a team of writers who NADIA A. DOMBROWSKI planning, fiduciary adminis- recently completed Law For recently joined Bank of 1989 tration, and charitable giving. Architects: What You Need To America in New York City MARJORIE E. BERMAN He has served as the board’s Know, which was published as senior vice president and accepted a nomination this Los Angeles vice president by W.W. Norton & Company associate general counsel for past spring to become secretary since 2010. this past spring. The book retail banking and distribu- of the Columbia Law School focuses on how legal concepts tion. Prior to joining Bank of Association board of directors. DON H. LIU was honored with can affect the architectural America, Dombrowski served Berman is a partner at Krantz & a 2012 Diversity & Inclusion process. Davis is a litigator at as the senior vice president, Berman, where she specializes

LAW.COLUMBIA.EDU/MAGAZINE 69 in business disputes, employ- the department, including that offers one-on-one career as the Columbia Law School ment conflicts, and white-collar adult protective services and coaching for attorneys, train- Association board of directors’ criminal matters. She has child protective services. ing to law firms and legal San Francisco vice president. served as a member of the board Carmenaty also recently departments, and unique Dorf is a partner at Shearman since 2010. implemented a successful CLE courses. & Sterling, where he special- volunteer attorney program izes in public and private GEORGE CANELLOS was at the department. 1991 mergers and acquisitions. named deputy director of THOMAS E. BUTLER recently Dorf has served the board in the Securities and Exchange DA CHEN is the author of joined LeClairRyan’s New York this capacity since 2010. Commission’s Division the novel My Last Empress, City office as a shareholder in of Enforcement this past which was published in the the firm’s litigation department. spring. Before he assumed autumn of 2012. The new Butler focuses his practice on this new role, Canellos served book recounts the tale of a complex commercial matters as director of the SEC’s tragic love story that takes and related litigation, as New York Regional Office, place in 19th-century China. well as on other forms of where he oversaw a staff of A New York Times bestselling dispute resolution. approximately 400 enforce- author, Chen currently lives ment attorneys, accountants, in Southern California with ANDREW R. DOMINUS investigators, and compli- his wife and two children. accepted a nomination to ance examiners. join the Columbia Law JEANNE M. HAMBURG, a mem- School Association board of FRANCINE NORZ TOBIN is a ber of the New York City directors. Dominus serves prosecuting attorney in the office of Norris McLaughlin as general counsel at KBC ELKA SACHS, a partner with 14th judicial circuit of South & Marcus, led a workshop Financial Holding in New Krokidas & Bluestein in Carolina. She leads the called “Opportunities & York City. Boston, has been named one white-collar crime division. Challenges in the Expanding of Banker & Tradesman’s Digital World” at the 1992 Women of FIRE, an annual 1990 SURTEX 2012 Conference, JUDITH CHURCH was recently award honoring the key AVRAHAM “AVI” AZRIELI, LL.M., an event devoted to selling appointed to the Antioch female players in the area’s released his fifth novel, and licensing original art and College Board of Trustees. FIRE (Finance, Insurance, The Mormon Candidate, design for various products. Church, who served as and Real Estate) sector. Sachs’ this past spring. The book Hamburg has expertise in counsel at the New York nonprofit and for-profit tells the story of a reporter all aspects of trademark and City office of Debevoise & corporate work includes investigating the murder of copyright law, handling both Plimpton for 20 years, has creating organizational struc- a former Marine who was transactions and litigation. authored multiple journal tures, advising entities in set to expose a presidential For the past three years, she articles on intellectual prop- tax planning and tax exemp- candidate’s involvement in a has been recognized by Super erty and is the co-author of tion compliance, negotiat- scandal relating to deceased Lawyers as a New York Who Owns the Past? Cultural ing and implementing joint American veterans. Super Lawyer for intellectual Policy, Cultural Property, ventures and other corporate property and intellectual and the Law. Church has affiliations, and providing RUDY CARMENATY was property litigation. served on the board of direc - assistance with employment, recently appointed director of tors of several organizations, executive compensation, and legal services for the Nassau ELISE R. HOLTZMAN accepted including the Advisors of shareholder arrangements. County Department of Social a nomination to join the the American Council for Services in Long Island, N.Y. Columbia Law School Cultural Policy. EARL ZIMMERMAN was elected He supervises a staff of attor - Association board of directors. to the board of directors of neys, in addition to repre- Holtzman is a law coach and MICHAEL S. DORF accepted the New York City College senting and providing coun- founder of The Lawyer’s Edge, a nomination this past of Technology Foundation. sel to numerous areas within a New Jersey–based company spring to continue serving (continued on page 72)

70 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 JOHN SAROFF ’04 CUTTING EDGE

Nearly every working day, John Saroff ’04 finds himself in a film treatment chronicling the civil rights achievements of large, white-walled Manhattan studio bustling with photogra- Professor Jack Greenberg ’48. Universal Pictures ultimately phers busily snapping pictures of models dressed in the lat- acquired rights to the project, which is still in development. est fashions. He’s the first to admit that the scene is not what Soon after graduation, Saroff began honing his digital most people expect when asked to imagine a traditional legal media skills at NBCUniversal, where he worked on the setting. But then again, Saroff, who serves as vice president company’s Hulu.com transition team. He then went on of digital factory and sales production for the luxury goods to help start Google TV Ads, which works with television website vente-privee, is not the most traditional attorney. networks to sell excess advertising time. Saroff joined vente-privee at the end of 2011, a few “If there has been a common thread to my career, months after the stateside branch of the popular French it’s that I’ve always wanted to be on the cutting edge company partnered with American Express. He supervises of media,” says Saroff. “I’m living proof that there are vente-privee’s editorial vision and provides insight into any options out there beyond the more traditional legal jobs.” intellectual property and trademark law issues that arise. During the weekly photo sessions he oversees, Saroff says “IF THERE HAS BEEN A COMMON the company will photograph nearly 850 products. So THREAD TO MY CAREER, IT’S there is never a shortage of demand for his expertise. THAT I’VE ALWAYS WANTED TO BE While he notes that a job in the luxury retail industry ON THE CUTTING EDGE OF MEDIA.” is not something that he would have predicted while in —JOHN SAROFF law school, Saroff says he knew early on that his legal career would include a creative focus. In 2004, after serving as an intern at New Line Cinema, he partnered with his Law School roommate Michael Bogner ’05 to pitch a

class of: ’04

LAW.COLUMBIA.EDU/MAGAZINE 71 Zimmerman, a partner at chapter of the Arizona mercial disputes. She spe- serves as a partner in the Sutherland Asbill & Brennan Women Lawyers Association. cializes in employment law, Phoenix office of Quarles & in New York City, recently premises liability, worker’s Brady, focuses her practice received the Charles T. DEAN M. FINK currently serves compensation, contractual on securities and corporate Lester, Jr. Award recognizing as the presiding judge of the disputes, and insurance cov- finance matters. his contribution and com- Arizona Tax Court. Fink also erage, in addition to other mitment to the firm’s pro hears various civil matters practice areas. ROGER C. PENG recently bono program. for the Maricopa County joined the firm Loeb & Loeb Superior Court. 1996 in Beijing. Peng specializes 1993 BRAD MELTZER published his in mergers and acquisitions, CHERYL BABER currently serves JOHN S. REARDON accepted a latest book, Heroes for My private equity, venture capi- as an assistant United States nomination this past spring Daughter, which tells the tal, and complex commercial Attorney in the Northern to become the Columbia Law story of 55 inspiring people, transactions, with a special District of Oklahoma. Baber School Association board of including artists, inventors, focus on telecommunica- previously served as a law clerk directors’ Washington, D.C., scientists, and explorers. tions law and other technol- in that district and also prac- vice president. Reardon is Meltzer, whose previous ogy sectors. He previously ticed law at Crowe & Dunlevy a management consultant works have been included on worked in the Beijing office in Tulsa, Okla. at Reardon Consulting and The New York Times’ best- of Paul Hastings and has also serves as president of sellers list, is also the author practiced in the greater the Columbia Law School of political thrillers and China region since 2000. Alumni Association of comic books, and he hosts Washington, D.C. Brad Meltzer’s Decoded on SHANTANU J. SURPURE the History Channel. He lives accepted a nomination to join 1995 in Florida with his wife and the Columbia Law School BENJAMIN M. LAWSKY was three children. Association board of direc- recently appointed by New tors. Surpure is managing York Governor Andrew 1997 attorney at Sand Hill Counsel Cuomo as the superinten- in Mumbai, where he focuses dent of a new state agency, his practice on venture capital the Department of Financial and private equity. Services. In his new role, DEANNA CONN, a partner Lawsky supervises all insur- 1998 at the Tucson, Ariz., office ance companies in New York, BINTA NIAMBI BROWN was of Quarles & Brady, was all New York State–chartered recently named a 2012 Young recently selected as one of the depository institutions, Global Leader by the World state’s 2012 Top 50 Pro Bono and the majority of United Economic Forum. Brown Attorneys by the Arizona States–based branches and was the only outside coun- Foundation for Legal agencies of foreign bank- sel in the United States that Services and Education. ing institutions. Prior to his the World Economic Forum Conn focuses her practice on most recent appointment, selected for the distinction commercial and intellectual Lawsky served as Cuomo’s JENNIFER EICHHOLZ was this year. She is a partner property litigation, intellec- chief of staff. named as a 2012 Southwest in the corporate practice at tual property transactions, Rising Star by Super Lawyers Kirkland & Ellis’ New York Internet law, e-commerce, CORI FLAM MELTZER recently magazine. She was also City office. Brown recently licensing and technol- started her own firm, CFM recently selected for inclu- delivered a presentation titled ogy transactions, copyright, Mediation, a full-service sion in the securities and “Remember Your Name” trademark, and trade secrets mediation firm based in corporate finance category during a TEDx event at Scott matters. She currently serves South Florida. Meltzer medi- of the 2012 Southwest Super Air Force Base near Belleville, as president of the southern ates all types of civil com - Lawyers list. Eichholz, who Ill. TEDx sessions are local,

72 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 independently organized member of the firm’s litigation merged with another firm to Masud-Elias previously events designed to highlight practice and its securities liti- form Sfera Legal. The new worked as a corporate lawyer, “ideas worth spreading” and gation and intellectual prop- entity is located at Plaza Roble specializing in life sciences simulate TED talk experi- erty practice groups. Corporate Center in San José, and pharmaceutical transac- ences at the local level. Costa Rica. tions. She lives in Philadelphia 1999 along with her husband and MICHAEL P. BEYS accepted a DYLAN WILLOUGHBY and two dogs. nomination this past spring his electronic/synthpop to become president of band Lost in Stars recently ERIC RYTTER, LL.M., has joined the Columbia Law School debuted their song “Growing Dorsey & Whitney as a partner Association board of direc- Circles” on KCRW in Los and head of the firm’s private tors. Beys is a partner at Angeles. Willoughby, who is equity practice in New York Beys, Stein & Mobargha spe- also a published author and City. Rytter advises clients on cializing in commercial liti- poet, has been playing the a broad range of legal mat- gation, white-collar criminal synthesizer since the 1980s. ters, including those involving defense, and real estate law. He is an attorney at Antoni cross-border acquisitions and He has served on the board Albus in Los Angeles, where growth equity investments. since 2008. he specializes in insurance Prior to joining the firm, J. BRETT BUSBY currently coverage litigation. he practiced at Cadwalader serves as a justice of the Texas FRANCISCO COX, LL.M., an Wickersham & Taft. Court of Appeals, 14th District, attorney with Balmaceda, Cox 2000 in Harris County, Texas. & Piña, recently worked as KARIN McNAIR accepted JAMES SILVERGLAD Governor Rick Perry appointed part of a litigation team that a nomination to join the recently joined CLS Bank Busby in June, and he was later successfully represented Karen Columbia Law School International as associate elected to a full six-year term. Atala at the Inter-American Association board of direc- general counsel. Silverglad Busby was previously a part- Court of Human Rights. Atala, tors. McNair, a past board previously worked at Katten ner in the appellate section at a judge based in Chile, had been member, is an associate at Muchin Rosenman. He lives Bracewell & Giuliani. He also denied custody of her three the New York City office of in New York City. served as an adjunct profes- daughters after the Chilean Hughes Hubbard & Reed, sor at the University of Texas Supreme Court held that her where she specializes in trusts CHARLES YU recently pub- School of Law. sexual orientation would nega- and estates law. lished a collection of short tively impact the children. stories titled Sorry Please PAUL SIKORA, LL.M., displayed 2001 Thank You: Stories. Yu’s his mobile installations at the JASON A. HAIM accepted a previous work, How to Live UNESCO headquarters in nomination this past spring Safely in a Science Fictional Paris on World Philosophy Day. to become the Columbia Law Universe, was selected as a top The exhibition was arranged by School Association board book of 2010 by Time maga- the American ambassador to of directors’ Miami vice zine and received a positive UNESCO, David Killion, and president. Haim is managing review from The New York his wife, artist Kristin Eager director at Breakers Capital Times. A practicing attorney, Killion. Sikora has loaned seven Partners, a real estate invest- Yu has also served as the mobiles to the organization’s ment firm he founded. director of business affairs official residence. for Digital Domain, a visual MEHRIN “MIR” MASUD-ELIAS effects company based in ARIC WU, a partner at Gibson recently accepted a position Southern California. Dunn & Crutcher in New York ERIC SCHARF-TAITELBAUM, LL.M., as the first associate gen- City, was named to the Crain’s is a founding partner of the eral counsel of the Abramson 2002 New York Business “40 Under Costa Rican law firm FSV Cancer Center at the EDGARDO CAVALIÉ, LL.M ’00, 40” list for 2012. Wu is a Abogados, which recently University of Pennsylvania. J.D. ’02, is general counsel for

LAW.COLUMBIA.EDU/MAGAZINE 73 Enfoca Inversiones, a profes- Darren Collins, have a daugh- Lippman to serve on the April 14 of 2012. The cer- sional investment group in ter and a son. Task Force on Commercial emony was held in Key Largo, Lima, Peru. Cavalié and his Litigation in the 21st Century, Fla. Bonner is an associate in colleagues at the firm were JOHN “MARK” McWATTERS, which examined options for the Miami office of Ver Ploeg recently named the Mergers LL.M., was appointed to the strengthening New York as & Lumpkin. He previously and Acquisitions Team of the Texas Department of Housing a financial and commercial served as an assistant public Year at the Latin American and Community Affairs center. Tsan practices with defender in Miami. Counsel Awards hosted (TDHCA) by Governor Rick the law firm Bond, Schoeneck by the International Law Perry. TDHCA addresses a & King in Syracuse, N.Y., 2007 Office and the Association of broad spectrum of housing where he is a member of the KEVIN B. FRANKEL recently Corporate Counsel. and community development firm’s e-discovery and infor- joined Kirkland & Ellis in issues, and oversees titling, mation management practice San Francisco as a litiga- TAL J. GOLOMB was recently licensing, inspection, and group. Tsan handles litigation tion associate. Frankel is named partner in Fried Frank’s enforcement of manufactured in federal and state courts. a member of the executive New York City office. Golomb housing. McWatters is direc- leadership committee of the specializes in real estate law, and tor of graduate programs and 2004 Leukemia & Lymphoma his recent representations include an adjunct professor at the ROBERT A. FUMERTON was Society’s Team In Training, work with the Forest City Ratner Southern Methodist University named a partner at the New for which he received a 2011 Companies on development of Dedman School of Law and York City office of Skadden, Corporate Achievement the multibillion-dollar Atlantic an adjunct professor at the Arps, Slate, Meagher & Flom. Award. Prior to joining Yards in Brooklyn. The devel- Cox School of Business. He is a Fumerton, who is a member Kirkland & Ellis, Frankel opment includes Barclays certified public accountant and of the firm’s litigation group, worked in the New York City Center, the new home of the a member of the state bars of works with international and office of Paul, Weiss, Rifkind, Brooklyn Nets. Texas and New York. domestic clients on complex Wharton & Garrison. corporate, commercial, and 2003 securities litigation, as well as 2008 RAVI PUROHIT accepted a nom- on arbitration proceedings. JAY D. RAO accepted a nomina- ination to join the Columbia tion to join the Columbia Law Law School Association 2005 School Association board of board of directors. Purohit is MATTHEW E. HOFFMAN recently directors. Rao is an associate a director at Alinda Capital accepted a position as a consul- at the New York City office of Partners, a private investment tant with Chatham Financial, Simpson Thacher & Bartlett, firm in Greenwich, Conn. a firm that advises clients on where his practice includes how to manage their risk of restructuring and bankruptcy exposure to fluctuations in law matters. interest rates, foreign exchange rates, and commodity prices. 2009 PATRICE P. JEAN was elected Hoffman is working in the COURTNEY BROWNE accepted partner in the New York City hedge advisory group, advising a nomination to join the office of Kenyon & Kenyon, corporate clients. Previously, Columbia Law School an intellectual property law he worked as a mergers firm, this past year. She spe- and acquisitions adviser to cializes in intellectual prop- small business owners in the erty litigation and has more Southampton, Pa., office of the than 10 years of experience Benjamin Ross Group. advising pharmaceutical, Follow us chemical, and biotechnology CLIFFORD G. TSAN was 2006 on Twitter companies in areas of patent appointed by New York (WILLIAM) ALLEN BONNER @ColumbiaLaw law. Jean and her husband, State Chief Judge Jonathan married Brittany Nicolli on

74 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 Association board of direc- works on cases for the Idaho tors. Browne is an associate Conservation League to in the New York City office of ensure that water in the Follow us on Twitter Skadden, Arps, Slate, Meagher state’s lakes, rivers, and aqui- @ColumbiaLaw & Flom, where she specializes fers is clean, free-flowing, in corporate finance. and abundant. 2010 2012 BRYAN J. HURLBUTT works MICHAEL ANDERSON joined with the nonprofit advo- the Utah-based firm Parr please email your news to [email protected] cacy law firm Advocates for Brown Gee & Loveless as an with the heading “Class Notes Submission” in the subject line. Please be certain to include your year of graduation in the West, which focuses on associate in the commercial the email. Photo attachments are welcomed, but due to western land issues. He is litigation group. He special- space limitations, Columbia Law School Magazine cannot guarantee publication of submitted photographs. a staff attorney and serves izes in international law, as Class notes submissions may be edited for clarity and space. Columbia Law School as the organization’s Idaho well as in media and First Magazine cannot guarantee publication of all items. Water Fellow. Hurlbutt Amendment law.

LAW.COLUMBIA.EDU/MAGAZINE 75 in memoriam: The Columbia Law School community extends its deepest sympathy to the loved ones of recently deceased alumni, faculty, and friends

of federal grants as chairman of and a decorated veteran who Smith was a member of the Malcolm S. the Grant Appeals Board. In hon- founded the International Fel- Council on Foreign Relations Mason ’34 LL.B. or of his career, Mason received lows Program at Columbia Uni- and the Washington Institute NOVEMBER 1, 2011 a Lifetime Achievement Award versity. He passed away on April of Foreign Affairs, in addition from the Federal Bar Association 13, 2012, at the age of 94. to other notable organizations. Malcolm S. Mason ’34 LL.B. Grants Committee in 2005. Smith grew up in Omaha, He is survived by his wife of was an expert in the field of fed- Mason co-wrote Essentials of Neb., and earned degrees from 40 years, Mary Edson Smith; eral grants law who brought a Grant Law Practice, an American Dartmouth University and the his sons, Edward, David Jr., and wealth of knowledge on grants Law Institute and American Bar Sorbonne in Paris. After complet- Jeremy; and six grandchildren. and subsidies to several federal Association publication focusing ing his studies at Columbia Law agencies throughout his career. on the many legal and admin- School in 1942, he served for four He passed away on November 1, istrative procedures involved in years in the U.S. Navy as a lieuten- Robert Markewich ’46 2011, at the age of 101. obtaining subsides and grants- ant. Smith was wounded in action APRIL 23, 2011 Born in the Bronx in June of in-aid. He published his memoirs at Saipan and later received the 1910, Mason spent the majority of in a series titled From the Other Purple Heart. Robert Markewich ’46 was a his career working in Washington, Side of the Water. After the war, Smith worked New York City attorney who D.C. In 1934, he became an attor- Mason is survived by his as a corporate lawyer and then specialized in labor law, cor- ney for the newly created Agricul- daughter Jan and her husband, joined the Eisenhower adminis- porate litigation, and appellate tural Adjustment Administration, Ed Freundschuh; his son, tration, first as special assistant matters. He passed away on a New Deal agency that oversaw Mike; and his granddaughters, to the secretary of state, then April 23, 2011, at the age of 92. the distribution of subsidies to Sharan Freundschuh Atak and as assistant secretary of the Air After graduating from farmers during the Great Depres- Amber Freundschuh. Force in 1953. In 1960, Smith Columbia Law School, Marke- sion. Four years later, Mason took retuned to Columbia as dean of wich joined the law firm on the role of litigation supervisor the School of International and founded by his father, Samuel for the National Labor Relations Public Affairs. During his ten- Markewich. The firm, Marke- Board, and he was later named ure, he founded and directed wich Friedman & Markewich, general counsel for the Office of the Columbia International Fel- handled mostly labor law mat- Alien Property, an agency tasked lows Program, a two-semester ters, representing local and with managing property seized seminar focused on preparing international unions. from the Axis powers during and students to deal with complex Markewich also embarked after World War II. global changes in a practical way. on what he called some “abso- Following a brief stint in pri- In 1964, Smith returned to lutely delicious and rewarding vate practice in New York City, private practice, but he was called theatrical representation.” His Mason returned to the nation’s back to public service when Presi- client list included the owners capital as associate general coun- dent Gerald Ford appointed him of the Lunt-Fontanne Theatre, sel for the Office of Economic David S. Smith ’42 U.S. ambassador to Sweden in who were engaged in a contrac- Opportunity. Mason later worked APRIL 13, 2012 1976. In 1977, Smith resumed tual dispute with the producers for the Department of Health, practicing at Martin and Smith, of the hit Broadway show The Education, and Welfare, where he David S. Smith ’42 was a former a firm he co-founded in Washing- Sound of Music. Among the oversaw the department’s renewal U.S. ambassador to Sweden ton, D.C., before retiring in 1990. producers was Richard Rodgers

76 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 of the famous songwriting duo recognize outstanding leaders in Train built a reputation as a from the infamous Tammany Rodgers and Hammerstein. pro bono representation. knowledgeable and trusted envi- Hall political machine. Turning his attention to civil After retiring from private ronmental adviser, and, in 1970, In 1977, Costikyan embarked appellate law later in his career, practice, Hoagland worked for he was appointed undersecretary on a short-lived bid for the Dem- Markewich became a fellow of two decades in public health of the U.S. Department of the ocratic nomination for New York the American Academy of Appel- and health care reform advo- Interior, where he led the Alaska City mayor. He eventually sup- late Lawyers in the mid-1990s. cacy. He served as chairman of Pipeline Intergovernmental Task ported Ed Koch as the party’s Markewich is survived by his the Caring for Colorado Foun- Force. In that same year, Train candidate and became his cam- wife, Iris; his children, Deborah, dation, which provides financial encouraged President Richard paign manager. After Koch was Judith, Ida, Jeremiah, and Eve support to public health care Nixon to create the Environmen- elected, Costikyan served as his Rachel Markewich ’88; and his organizations in the state, and tal Protection Agency and helped first deputy mayor. Over the next grandchildren, David, Matthew, as the first executive director of secure passage of the National two decades, Costikyan served Jacob, Emily, Andrew, Chloe, the Center for Health Ethics and Environmental Policy Act and on numerous government com- and Tessa. Policy at the University of Colo- the Clean Air Act. He worked mittees, including the joint state rado Denver Graduate School of to ensure passage of the Clean and city Committee on Integrity Public Affairs. He also helped to Water Act in 1972, and, a year in Government, the body tasked establish the Colorado School of later, was named the adminis- with investigating instances of Public Health, a collaborative trator for the EPA. Train left the government corruption and rec- effort undertaken by three of the post in 1977 to become president ommending reforms. He also state’s public universities. of the World Wildlife Fund and worked as a special adviser on Hoagland is survived by was named chairman emeritus of education and governance to his wife, Mary; their children, that organization in 1994. Mayor Rudolph Giuliani in the Peter, Mary, Sara, and Ann; and Train is survived by his wife, mid-1990s. In addition to his 10 grandchildren. Aileen; his daughters, Nancy, many government posts, Cos- Emily, and Errol; his son, tikyan served as a partner, and Charles; and 12 grandchildren. later as of counsel, at Paul, Weiss, Russell E. Rifkind, Wharton & Garrison. Donald W. Train ’48 LL.B. Costikyan served as a Colum- Hoagland ’48 SEPTEMBER 17, 2012 Edward N. bia University trustee from 1981 MAY 5, 2012 Costikyan ’49 LL.B. to 1993. He also founded the Russell E. Train ’48 LL.B. was JUNE 22, 2012 school’s Occasional Oratorio and Donald W. Hoagland ’48 was a an ardent environmentalist Orchestral Society, and helped pioneer in Colorado’s pro bono who dedicated his career to Edward N. Costikyan ’49 LL.B. organize the society’s annual legal services realm and an conservation. He passed away was a skilled attorney and holiday concert each year. influential advocate for health on September 17, 2012, at the pathbreaking leader in New Costikyan is survived by care reform. He passed away on age of 92. York City politics who served his daughter, Emilie; his son, May 5, 2012, at the age of 90. Train was born in 1920 in as head of Manhattan’s Demo- Gregory; his brother, Andrew; A New York City native, Jamestown, R.I., and was raised cratic Party in the 1960s. He and five grandchildren. Hoagland earned his bachelor’s in Washington, D.C. He gradu- passed away on June 22, 2012, degree from Yale University in ated from Princeton Univer- at the age of 87. 1943. After serving in World sity in 1941 and then entered Costikyan was born in Martin Evans ’49 Word II as a carrier-based the Army as an officer during Weehawken, N.J., in 1924. He NOVEMBER 4, 2011 combat pilot and graduating World War II. Upon being dis- received an A.B. from Columbia from Columbia Law School, he charged in 1946, Train enrolled College in 1947 before graduat- Martin Evans ’49 was a distin- began his legal career in Den- in Columbia Law School. ing first in his class from Colum- guished New York State Supreme ver at the firm now known as Following graduation, Train bia Law School two years later. Court justice for more than 20 Davis Graham & Stubbs. returned to Washington, D.C., After earning his law degree, years. He passed away on Novem- Hoagland, who specialized to serve as counsel for the Con- Costikyan spent three years as ber 4, 2011, at the age of 93. in domestic and international gressional Joint Committee on law secretary for Judge Harold Evans received his bachelor’s mergers, wrote extensively on the Internal Revenue Taxation, and R. Medina 1912 of the U.S. Court degree from New York Univer- benefits of pro bono representa- he was appointed judge of the of Appeals for the 2nd Circuit. He sity and a degree in business tion. He helped found the Legal U.S. Tax Court in 1957. During made his first foray into New York from Harvard Business School. Aid Society of Metropolitan Den- this time, Train began acting on City politics in the mid-1950s as He served in the U.S. Army in ver and the Legal Aid Founda- a passion for conservation. He a district leader for the Demo- North Africa, Italy, and France tion of Colorado. The Colorado founded the African Wildlife cratic Party. In 1962, Costikyan from 1941 to 1945, winning a Bar Association described him Leadership Foundation in 1961 was elected county leader for the Bronze Star for his service and as “the pro bono conscience of and resigned from the tax court New York County Democratic receiving an appointment as the bar,” and created the Donald in 1965 to become president of Party, and he is widely credited chevalier of the French Legion W. Hoagland Award in 1982 to the Conservation Foundation. with disassociating the party of Honor. Following his time

LAW.COLUMBIA.EDU/MAGAZINE 77 in the Army, Evans enrolled at known for his unwavering He is survived by his nephews Columbia Law School, and he commitment to numerous and nieces: Russell Landon, earned an LL.M. from New York nonprofit and philanthropic Linda Landon, Brad Woodworth, University Law School in 1955. organizations. Held passed Charles Woodworth, Ann Ellis, In the early 1960s, Evans was away on April 16, 2012, at the and Jane Rotondi; as well as a member of the reform move- age of 87. many cousins. ment that ousted Tammany Born in New York City Hall political boss Carmine in 1925, Held served in the DeSapio from leadership of the U.S. Navy during World War Thomas R. Farrell ’52 Democratic Party. Evans then II before graduating from JULY 16, 2011 worked in private practice until Princeton University in 1948. 1969, when he began service After earning his law degree, Thomas R. Farrell ’52 was an as a civil court judge. In 1973, he worked as an associate at accomplished attorney and Peter D. Evans was elected to the New two New York City law firms political activist who served on Ehrenhaft ’57 LL.B. York State Supreme Court, and before becoming a partner at Robert F. Kennedy’s presiden- JULY 25, 2012 he would serve on that bench Satterlee, Browne, Cherbon- tial campaign committee. He for 21 years. One year after nier & Dickerson in 1957. Five passed away on July 16, 2011, at Peter D. Ehrenhaft ’57 LL.B. retiring, Evans joined Herzfeld years later, he joined Turk, the age of 83. was a gifted attorney who served & Rubin as of counsel. He held Marsh, Kelly & Hoare (which Born in Bay Shore, N.Y., as a senior law clerk at the U.S. that position with the firm until later became Bryan Cave), Farrell earned his bachelor’s Supreme Court and as a deputy the time of his death. where he specialized in trusts degree at Colgate Univer - assistant secretary of the U.S. Evans was a member of and estates law for more sity before graduating from Treasury. He passed away on numerous professional organi- than 30 years. Thereafter, he Columbia Law School, where July 25, 2012, at the age of 78. zations throughout his career, became a senior partner at he was a member of the Born in Vienna, Austria, in including the Association for the McLaughlin & Stern, where Columbia Law Review staff. 1933, Ehrenhaft became a U.S. Pursuit of Justice and the New he practiced until the time of After serving as a U.S. Army citizen in 1945. At Columbia, he York State Supreme Court Pat- his death. officer in the Judge Advocate was enrolled in a special program tern Jury Instruction Commit- As a trustee for the John General’s Corps, Farrell began that enabled him to earn an A.B. tee. He held leadership positions Merck Fund, Held advised the his law career in the 1950s at from Columbia College, an LL.B. with the Supreme Court Justices organization to provide sup- Simpson Thacher & Bartlett from the Law School, and a mas- Association and worked on the port to the Law School for stu- in New York City. ter’s degree from the School of National Conference of State dents working in the human In 1966, Farrell accepted International and Public Affairs in Trial Judges from 1990 to 1998. rights field. He also obtained an appointment to New York just seven years. After graduation, The Association of Supreme funding to support the Annette City Mayor John Lindsay’s he moved to Washington, D.C., Court Justices honored him with Kade Charitable Trust, which Civilian Review Board, which to serve as a motions law clerk at its Award for Judicial Excellence awarded scholarships to Ger- was created to field citizens’ the U.S. Court of Appeals for the and Leadership in 1998. man and French LL.M. students complaints against police. He District of Columbia Circuit. Evans is survived by his wife, studying at the Law School. A also led community groups A year later, Ehrenhaft joined Meryle; his son, Steven; and great-grandson of New York City created to combat racial dis- the U.S. Air Force JAG Reserve. three grandchildren. candy manufacturer and philan- crimination. Farrell’s civil He remained a member of the thropist John S. Huyler, Held rights work helped him to active reserve for the next 30 helped found the Preservation secure a job as an advance years, during which time he League of New York, an organi- man for Robert Kennedy’s was an appellate military judge zation that works to protect the 1968 presidential campaign, with the Air Force Court of Mil- state’s historic structures and and he was at the Los Angeles itary Review. In 1961, he was landscapes. He also served as Ambassador Hotel on the eve- named senior law clerk by then a board member for the Cathe- ning that the candidate was U.S. Supreme Court Chief Jus- dral of St. John the Divine and assassinated there. tice Earl Warren. After a stint as president of the board of During the late 1960s, in private practice, Ehrenhaft Fountain House, a rehabilita- Farrell joined Paul, Weiss, served as a deputy assistant tion community focused on Rifkind, Wharton & Garrison secretary for tariff affairs at helping people suffering from in New York City, and in the the U.S. Treasury Department. mental illness. 1970s, he co-founded the firm He eventually returned to pri- Huyler C. Colleagues at McLaughlin & Gold, Farrell and Marks. vate practice, specializing in Held ’51 LL.B. Stern remembered Held in The Farrell is survived by his wife, international transactions. APRIL 16, 2012 New York Times as “a wonder- Diane; his six children, Thomas, Ehrenhaft served as a past fully unique and compelling Amanda, Joshua, Cordelia, president of the board of trustees Huyler C. Held ’51 LL.B. was force in the legal and philan- Thaddeus, and Chloe; and of the National Child Research a trusts and estates lawyer thropic circles of New York.” seven grandchildren. Center and on the council of the

78 COLUMBIA LAW SCHOOL MAGAZINE WINTER 2012 American Bar Association’s earning his J.D. from Columbia collapse of the Twin Towers. As School, Barnard founded the international law section. He Law School three years later. executive director, Tomson helped wine tasting club “DeVinimus,” was also on the board for D.C. Tomson served in private prac- manage development of the 9/11 which hosted wine tastings for Appleseed, a nonprofit orga- tice for three years after earning Memorial, which opened in 2011, guests including U.S. Supreme nization that works to develop his law degree, and then began a and the building of One World Court Justices Ruth Bader solutions to public problems in long career in New York state gov- Trade Center, which is slated for Ginsburg ’59 and Antonin Scalia. and around the nation’s capital. ernment. In 1967, he was named completion in 2014. Barnard’s friend Brian Ehrenhaft is survived by his deputy counsel for Governor Tomson is survived by his wife, Threlkeld ’98, in a note to the wife of 54 years, Charlotte; his Nelson A. Rockefeller’s Office of Ingegerd; his son Daniel and his Law School, wrote: “She showed children, Elizabeth, James, General Services. He would later wife Kerry; his son Anders and that we will find the life of and Daniel, and their spouses; serve as head of the state’s first his wife Mary Ellen; his sister, the mind richest when we are his brother, George; and six committee dedicated to the pub- Elizabeth; and five grandchildren. engaged with life as a whole, and grandchildren. lic’s access to government records, with each other.” and was tasked with explaining Barnard is survived by her hus- the newly created Freedom of Bernadette Barnard ’98 band, Daniel Martz; her daugh- Louis R. Tomson ’64 Information Law to state agen- MARCH 12, 2012 ter, Alexandra; and her father MAY 8, 2012 cies. In 1995, Tomson was named and brother. first deputy counsel to Gover- Bernadette Barnard ’98 was a Louis R. Tomson ’64 was a dedi- nor George E. Pataki ’70, and corporate lawyer specializing cated public servant who played he worked closely with several in equity derivatives and securi- a key role in the redevelopment public authorities, including the ties. She passed away on March please email of Lower Manhattan after the Port Authority of New York and 12, 2012, at the age of 46. In Memoriam notifications to September 11, 2001, terrorist New Jersey and the Metropolitan Originally from Kearney, Neb., [email protected] attacks. He passed away on May Transportation Authority, during Barnard earned a bachelor’s with “In Memoriam” in the subject line. 8, 2012, at the age of 71. his three years in that role. degree from the University of Originally from Long Island, In 2002, Pataki named Tom- Nebraska-Lincoln. After receiv- As part of this email, please be certain to include the N.Y., Tomson was the son of son executive director of The ing her J.D. from Columbia full name of the deceased, Bernard Tomson, a former Lower Manhattan Development Law School, she served as an the year of graduation from New York State Supreme Court Corporation, the state-run orga- assistant general counsel at the Law School, and the approximate date of death. justice. He graduated from nization responsible for rebuild- JPMorgan Chase & Co. in New Columbia College in 1961 before ing Lower Manhattan after the York City. While at the Law

MALCOLM WARNOCK ’29 VICTOR C. ROCHELLE ’47 TOWNSEND J. KNIGHT ’52 STUART M. GLASS ’59 ROBERT C. VINCENT ’65 October 9, 2012 June 23, 2012 March 1, 2012 February 5, 2012 September 12, 2012

IRVING M. HERMAN ’37 F. BLAINE SLOAN ’47 LL.M. CECILIA S. KRAELING ’52 STEPHEN S. ZIEGLER ’59 WILLIAM M. GUTTMAN ’66 May 4, 2012 April 16, 2012 October 17, 2011 June 8, 2011 July 13, 2012

MYRON N. KROTINGER ’37 RICHARD K. ABRAHAMS ’48 RICHARD M. CRANE ’53 THOMAS L. BRYAN ’60 CHARLES KLEINHAUS ’66 August 1, 2011 July 27, 2012 July 14, 2012 January 27, 2012 March 9, 2012 GEORGE H. BOYNTON ’38 THOMAS F. AHRENSFELD ’48 BRUCE J. GOULD ’53 J. CAROL DOYLE ’60 RONALD A. ZANONI ’66 November 25, 2012 May 29, 2012 May 8, 2012 January 28, 2012 July 21, 2012 IRWIN GROSSMAN ’38 GERRITT L. EWING ’48 WILLIAM DOUGLAS ARTHUR H. MILLER ’60 March 1, 2012 October 29, 2010 KILBOURN ’53 May 26, 2012 JOHN J. HOGAN JR. ’69 September 9, 2012 November 28, 2012 MALBERRY SMITH ’38 ROBERT S. GREENBAUM ’48 WILLIAM E. OLSON ’60 June 11, 2012 March 5, 2012 RICHARD H.W. MALOY ’53 January 31, 2012 GUSTIN L. REICHBACH ’70 April 28, 2012 July 14, 2012 RANDALL B. KESTER ’40 KAYE H. JONES ’48 HAROLD M. ROTHSTEIN ’60 RICHARD J. ROWE ’53 June 6, 2011 May 31, 2012 June 13, 2012 LAURIE R. ROCKETT ’70 November 23, 2011 March 12, 2012 RICHARD K. HELMAN ’61 HAROLD JAMES ’41 JOSEPH LESSER ’48 CHARLES R. ALBERTI ’54 June 15, 2012 October 29, 2011 July 16, 2012 April 26, 2012 JANETTE GREY SERAILE ’70 ANTONIO August 14, 2011 JOHN R. MURRAY ’41 JOHN MCCORMACK ’48 October 19, 2012 ROBERT LEE ATWOOD ’54 ARBOLEYA-GOMEZ ’62 M.C.L. February 20, 2012 April 24, 2012 April 15, 2011 BARBARA G. KAPLAN ’71 JOHN G. NELSON ’48 November 20, 2011 BETTY B. PARK ’41 LL.M. December 6, 2010 AVROM S. WAXMAN ’55 WILLIAM ROBERTS ’62 July 14, 2012 August 27, 2012 February 29, 2012 LAURA V. JONES ’75 SAM ROSENBLUM ’48 February 21, 2012 JOHN M. CUNNEEN ’42 November 19, 2012 ARTHUR KALISH ’56 ELMER FERBER ’63 September 27, 2011 September 3, 2012 May 13, 2012 JUDSON HAWK MIRIAM (BERENBERG) SIMMONS ’77 LL.M. DONALD B. FERENS ’43 PINCUS NULL ’49 GERSON W. REIFF ’57 LEONARD LUSTIG ’63 May 16, 2012 October 15, 2011 August 8, 2012 July 5, 2012 March 31, 2012 RICHARD L. SCHWARTZ ’81 NATHANIEL F. BEDFORD ’47 JOSEPH STEIN ’51 STEPHEN F. SELIG ’57 STANLEY T. PARDO ’63 July 26, 2012 April 25, 2012 August 19, 2011 June 22, 2012 April 7, 2012

BEECHER N. CLAFLIN ’47 WILLIAM T. FLEMING ’52 MORRIS PAUL TENNER ’57 ARTHUR L. SCHATTEN ’64 MICHAEL P. MADOW ’82 May 3, 2012 March 17, 2012 April 9, 2012 August 31, 2012 April 8, 2012

THOMAS M. LACEY ’47 JOSEPH H. GEOGHEGAN ’52 JULES B. LEVINE ’58 MICHAEL SIDNEY KULICK ’65 JOSEPH A. POWERS ’00 February 19, 2012 January 8, 2012 May 25, 2012 March 11, 2012 March 5, 2011

LAW.COLUMBIA.EDU/MAGAZINE 79 QUESTIONS PRESENTED alumni spotlight Da Chen ’90

Novelist and memoirist Da Chen ’90 left China for America in 1985 at the age of 23. He is the author of seven books, including New York Times best sellers Sounds of the River and Colors of the Mountain.

WHO HAS BEEN YOUR GREATEST INSPIRATION? My late father, who always managed to smile even in the deepest misery.

HOW DO YOU DEFINE SUCCESS? That we finally are able to see ourselves as who we are and be content with that. Also, that we dare speak the truth, in defiance of power, against self-interest.

WHY DID YOU GO TO LAW SCHOOL? Because I wanted to change the world.

WHO IS YOUR FAVORITE LAWYER OF ALL TIME? Isaac Shapiro ’56, who helped me get my first job out of law school, when there were few jobs for Chinese law graduates.

FINISH THIS SENTENCE: YOU WOULDN’T CATCH ME DEAD WITHOUT . . . Chopsticks.

ONE THING YOU ABSOLUTELY MUST DO BEFORE YOU DIE? I’d like to help build lots of schools, with the most caring and dedicated teachers, in the poorest corners of this earth. Schools are temples, synagogues, cathedrals, and mosques for the young of the world.

THING FOR WHICH YOU ARE MOST THANKFUL? Democracy and fresh air.

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