NYCLA Celebrates Centennial Anniversary: Hon. Judith S. Kaye To

May 2008 Visit us at www.nycla.org Volume 4 / Number 4

NYCLA celebrates Centennial Anniversary: INSIDE

Hon. Judith S. Kaye to be keynote speaker MESSAGE FROM at May 22 Annual Meeting THE PRESIDENT Catherine A. Christian he New York County Lawyers’ Association was ceremony, a gala celebration will take place at the Home of Law with champagne, hors d’oeuvres and live classical music. founded 100 years ago as the first major bar associa- CHILDREN ARE OUR FUTURE T tion in the United States to admit members without When NYCLA celebrated the 75th Anniversary of its Home regard to race, ethnicity, religion or gender. On May 21, 1908, of Law in 2005, Hon. Judith S. Kaye, Chief Judge of the State of NYCLA held its first membership meeting in the New York, an Honorary Member of NYCLA, said, “...in our 5 Metropolitan Life Insurance Company’s Assembly Room. Home of Law we come together as a family to preserve and NYCLA’s first officers, all of whom were members of the enjoy what is best about our profession, while ensuring that the original Committee on Organization, were: President John profession continues to meet the needs of an evolving society.” NYCLA ISSUES Forrest Dillon, a former U.S. Court of Appeals judge for the Eighth Circuit; Vice President Alton Brooks Parker, a former Centennial Theme: Advocating Equality... ETHICS OPINION ON chief judge of the Court of Appeals; Vice President Joseph Creating Opportunities METADATA SEARCH Francis Daly, a former chief judge of the Court of Common NYCLA’s Centennial theme – Advocating Pleas; Vice President William Wallace, a former Federal Equality…Creating Opportunities – embodies NYCLA’s Circuit Court judge; Secretary Charles Strauss; and Treasurer impact on the profession and on public policy. Since its incep- 6 Denis A. Spellissy. (For more information about NYCLA’s tion, NYCLA has advocated for reforms in the law and in the first officers, please refer to the Centennial article on page 9.) administration of justice, elevated the standards of integrity One hundred years later, on May 22, 2008, beginning at 5:30 and professionalism, and provided free legal services to the PM, NYCLA is marking its Centennial Anniversary at its indigent and others in need. The Association’s current roster of NYCLA CELEBRATES Annual Meeting, which is taking place at St. Paul’s Chapel, pro bono programs range from providing legal information and LAW DAY 2008 across the street from the Home of Law. Hon. Judith S. Kaye, assistance in resolving a problem before legal action is taken to Chief Judge of the State of New York, will be the keynote representing individuals who are challenging an adverse deci- speaker. The officers to be inducted are: Ann B. Lesk, a partner sion. The programs address such core concerns as: housing, 8 at Fried, Frank, Harris, Shriver & Jacobson LLP as President, family issues, estate planning and consumer debt. James B. Kobak Jr., a partner at Hughes Hubbard & Reed LLP NYCLA has also advocated for increased diversity in the and president of the NYCLA Foundation as President Elect, profession and the elimination of the remaining barriers to full CENTENNIAL equality for women, minorities and members of the lesbian, Joel B. Harris, a retired partner at Thacher Profitt & Wood LLP AGE as Vice President, Ernest E. Badway, a partner at Fox gay, bisexual and transsexual communities. P Rothschild LLP as Treasurer; and Stewart D. Aaron, a partner at Arnold & Porter LLP as Secretary. Following the induction NYCLA’s Membership NYCLA’s 10,000 members enjoy an expansive committee structure comprising 50 committees and sections that embrace virtually all practice areas. Remembering NYCLA’s NYCLA’s CLE Institute The CLE Institute’s unparalleled roster of experts from the original bench, bar, government, academia and related disciplines con- officers duct a wide variety of programs to keep pace with attorneys’ changing needs.

NYCLA Foundation The NYCLA Foundation, headed by James B. Kobak Jr., is in the midst of a Centennial Capital Campaign. Thus far, it has raised nearly $1.5 million from large firms, NYCLA and 9 NYCLA Foundation Board members, NYCLA past presidents and NYCLA members. The 2007/2008 Centennial Appeal to members has garnered almost $24,000 and still has six months to go. (For more information about the NYCLA Foundation, NYCLA MAY 15 please refer to the article on page 4.) PUBLIC FORUM: FINANCIAL NYCLA Board of Directors The outgoing members of NYCLA’s Board of Directors are: CONSEQUENCES OF Lucas A. Ferrara, David J. Lansner, Susan B. Lindenauer, CRIMINAL William H. Sloane, Anthony L. Soudatt, Rita W. Warner and CONVICTIONS - NEW Stephanie Wheeler. The incoming directors are: Vincent T. Chang, Louis Crespo, Hon. Margaret J. Finerty, Hon. Marcy S. FEES AND FINES IN Friedman, Bruce A. Green, Sue C. Jacobs, Susan Y. Kunstler, NEW YORK’S Barbara Moses, Carol A. Sigmond, Herbert L. Thornhill, Susan CRIMINAL JUSTICE J. Walsh and Richard A. Williamson. SYSTEM All are invited to help NYCLA celebrate its Centennial year. To rsvp, please email [email protected] and write ‘Centennial Annual Meeting’ on the Subject line. 13 Life requires some juggling… don’t drop the ball.

Life is made up of the people you love, the home you create, the career you manage, and it’s constantly evolving. At times, you may feel like you’re juggling all that’s important to you, especially during life-changing events like getting married, starting a family, buying a home, or even starting a new job. Finding quality life insurance to help protect your family’s financial security doesn’t have to be a struggle. Keep all your balls in the air with the exclusive access you have as a NYCLA member to a quality 20-Year Group Level Term Life Insurance Plan. NYCLA 20-YEAR GROUP LEVEL TERM LIFE INSURANCE PLAN Features Include: • Economical group rates • Spouse coverage • Benefit amounts from $50,000 to $2,000,000 • Accelerated death benefit • Choice of beneficiary

To receive a free brochure that will provide you with detailed information on eligibility, rates, exclusions, limitations, renewal provisions and more, contact the NYCLA Life and Health Insurance Administrator at 1-800-539-9285.

Visit us online at www.nyclalifehealth.com

Underwritten by: The United States Life Insurance Company NYCLA Sponsored Member in the City of New York, A Member company Life and Health1 Insurance Program of American International Group, Inc. 159 East County Line Road • Hatboro, PA 19040 70 Pine Street, New York, NY 10270

1 Does not include medical. Affinity Insurance Services, Inc. is the program administrator for the NYCLA Sponsored Member Life and Health1 Insurance Program. Affinity Insurance Services, Inc.; in CA (License #0795465), MN and OK, AIS Affinity Insurance Agency, Inc.; in NY, AIS Affinity Insurance Agency.

CENTENNIAL EVENTS CALENDAR Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. MAY Subject line. (For more information, please refer CENTENNIAL to the front-page article.) CELEBRATION EVENT: THE FINANCIAL JUNE CONSEQUENCES OF CRIMINAL CONVICTIONS - CENTENNIAL NEW FEES AND FINES IN CELEBRATION EVENT: NEW YORK’S CRIMINAL MATRIMONIAL LAW JUSTICE SYSTEM SECTION’S ANNUAL Thursday, May 15 COCKTAIL PARTY 6:00 PM Tuesday, June 3 Place: NYCLA Home of Law – 14 6:00-8:00 PM Vesey Street Place: Seaman’s Institute, The Top FREE Deck – 241 Water Street (Parking Speakers: Sarah B. From, Director of available across the street.) Public Policy and Communications, Honoring matrimonial judges of Women’s Prison Association; Glenn New York County Martin, Associate Vice President of Tickets (includes open bar and hors Policy and Advocacy, The Fortune d’oeuvres): Members (as of May 27, Society; Alan Rosenthal, Co- 2008): $100; Nonmembers: $150 Director of Justice Strategies, Center Reception Chair: Charlotte C. Lee for Community Alternatives; and RSVP (by May 27): Ms. Lee, 212- Michael Yavinsky, Chief Court 732-3366 or email Attorney, Criminal Court of the City [email protected]. Please make of New York and Co-Chair, NYCLA checks payable to NYCLA Criminal Justice Section Matrimonial Law Section and mail Moderator: David Udell, Director of to: Charlotte C. Lee, Lunch In Chambers Program 277 Broadway, Suite 100, the Justice Program, Brennan Hon. Paul Crotty, U.S. District Street, chambers 735. To rsvp, Center for Justice New York, NY 10007. Sponsors: NYCLA Justice Center, Court, Southern District of please email Jeffrey M. Criminal Justice Section and Civil CENTENNIAL New York, will host NYCLA’s Kimmel, co-chair, Young Rights and Liberties Committee CELEBRATION EVENT: “In Chambers” program on Lawyers’ Section, at RSVP: [email protected] and write CIVIL COURT PRACTICE Tuesday, June 10, at 12:30 PM [email protected]. ‘May 15 event’ in the Subject line. SECTION’S ANNUAL in his chambers at 500 Pearl AWARDS DINNER CENTENNIAL Thursday, June 12 CELEBRATION EVENT: 6:00-9:00 PM NYCLA’S ANNUAL Place: New York Athletic Club – 180 MEETING Central Park South TABLE OF CONTENTS Thursday, May 22 Honorees: Hon. Jonathan Lippman, 5:30 PM Presiding Justice, Appellate Place: Meeting at St. Paul’s Chapel Division, First Department; Hon. Alan Kahn, Seasoned CLE Lecturer…4 Members in the News…4 (across the street from NYCLA); Rolando T. Acosta and Hon. Karla Annual Meeting Notice…6 Message from the CLE Director…7 Reception to follow at NYCLA Moskowitz, Appellate Division, First Centennial Calendar of Events…3 Message from the NYCLA Foundation Home of Law – 14 Vesey Street Department FREE Tickets: $150 per person; $1,500 for Centennial Page...9 President…4 A presentation of the President’s a table of 10 Remembering NYCLA’s Original Officers Message from the President…5 Annual Report and the induction of RSVP: Please make checks payable Centennial Celebration Event: Metropolitan Museum Concert NYCLA officers and directors. to NYCLA Civil Court Practice NYCLA’s Library Committee Hosts Book Series…11 NYCLA officers to be inducted are: Section and mail to: Civil Court Ann B. Lesk as President, James B. Practice Section Dinner, NYCLA, Signing Reception...9 NYCLA Issues Ethics Opinion 738…6 Kobak Jr. as President Elect, Joel B. 14 Vesey Street, New York, NY CLE Programs...7 NYCLA Presents Public Forum on Harris as Vice President, Ernest E. 10007 CLE Tech Programs...12 Financial Consequences of Criminal Badway as Treasurer and Stewart D. Discount Offer for NYCLA Members- Convictions...13 Aaron as Secretary. RSVP: [email protected] and Laurence Fishburne in Thurgood…7 NYCLA Task Force Co-Chair Receives write ‘2008 Annual Meeting’ in the Ethics Hotline…11 State Bar Award…6 Exchanging Property Rights…11 NYCLA’s Task Force on Professionalism Gladys Glickman Gives $2.7 Million to Launches Blog…7 NYCLA…4 NYS Unified Court System Offers The Professional Discipline new members. To become a Legal Fellows Program at NYS Unified Clerkships…11 Committee, which studies all member, go to www.nycla.org Court System…11 Past Events…8 matters affecting professional and log on to the Members- Library Notes…10 Practice of Law Series...10 licensing and discipline, has Only section, and then click Lunch in Chambers Program…3 Public Policy Development…4 room for a limited number of on ‘Join a Committee.’ Member Benefits…3 Theater Discounts…11 4 May 2008 / New York County Lawyer A MESSAGE FROM THE PRESIDENT OF THE NYCLA FOUNDATION James B. Kobak Jr. Dear Friend: building, endowment funds cial bequest of at least $2.7 match Gladys’s gift, but all can match continue to be as necessary as million from longtime her in generosity of spirit. NYCLA is celebrating its ever to support and enrich member Gladys Glickman for Contributors of $100 receive a Centennial year with myriad pro- NYCLA’s programming and the Library. This is the largest Centennial DVD about NYCLA and grams, fora and receptions – some services for lawyers and the gift of any kind in NYCLA’s will be a Centennial Member of the looking back at its vibrant heritage public. history, and we are very Campaign. Those who give at higher and others looking forward to the I am proud to report that grateful for it. Gladys wrote levels will be eligible for other spe- future of NYCLA and the profession. almost $1.5 million has been James B. much of a well-known trea- cial gifts commemorating the I hope you will take part in these raised to date from large firms, Kobak tise on franchise law upstairs Centennial, which include an activities. At the same time, the NYCLA and NYCLA in our Library, and we plan to engraved Tiffany crystal Windham NYCLA Foundation has embarked Foundation Board members, NYCLA name an area in the Library after box, a special limited-edition on a NYCLA Centennial Capital past presidents and NYCLA members. her. Centennial print and an autographed Campaign and I hope you will partic- The special 2007/2008 Centennial The Foundation needs the support copy of our Centennial book. ipate in that effort as well. Support by Appeal to members has garnered of every one of our members to I hope you will carefully consider all our members is critical to main- almost $24,000 and still has six months enable us to continue serving as a the contribution levels described taining a Home of Law for all lawyers to go. resource for future generations of below, along with the gifts the in New York in both a metaphorical I am also delighted to announce lawyers and New Yorkers. Probably NYCLA Foundation will provide, and and literal bricks-and-mortar sense. that NYCLA will receive a very spe- few, if any, of our members could be as generous as possible. This 78-year-old Home of Law Contributions of $1,000 or more may needs maintenance and repair and a be pledged over two years. judicious overhauling to meet the CONTRIBUTION LEVEL Contributions at the levels of $5,000 needs of modern lawyers. The carry permanent recognition and NYCLA Foundation commissioned a Contribution Designation NYCLA Foundation Gift/Recognition naming opportunities are available thorough architectural study, which $100 Centennial Member NYCLA Centennial DVD for donations of $15,000 or more. has led to a basic plan for major work $250 Centennial Friend Autographed Centennial Book Donors to the Centennial Capital $500 Centennial Partner Limited Edition Print on both the exterior and interior of $1,000 Centennial Fellow Autographed Centennial Book and Campaign can send their contribu- the building. At a bare minimum, the Limited Edition Print tions (made payable to the NYCLA cost of this necessary effort is in the $2,500 Centennial Supporter Autographed Centennial Book, Limited Foundation) to the NYCLA range of $5,000,000 to $8,000,000 to Edition Print and Recognition on Foundation, 14 Vesey Street, New be incurred over the next several Plaque at the Home of Law York, NY 10007 or make their contri- years. This work simply must be done $5,000 Centennial Patron Autographed Centennial Book, Framed butions online by logging on to and cannot be deferred any longer. Limited Edition Print, Tiffany Crystal www.nycla.org and clicking on Once it is done, the building should be Windham Box and Recognition on NYCLA Foundation and then on sound for many years into the future, Plaque at the Home of Law Online Giving. and NYCLA’s facilities, and therefore $15,000 Centennial Leader All Centennial Patron Gifts and ultimately, its programs and services, Recognition, Plus a Naming Sincerely, will be improved. Opportunity at the Home of Law James B. Kobak Jr. And, of course, aside from the President, NYCLA Foundation

Gladys Glickman, longtime NYCLA member, Alan Kahn: Seasoned CLE lecturer

gives more than $2.7 million to NYCLA Alan Kahn, an attorney and 12, titled “How to Analyze In 1939, Gladys Glickman gradu- legal department of Gruner & Jahr senior tax partner and head of Financial Statements.” He has ated from college; 20 years later, she U.S.A. Publishing, Ms. Glickman had forensic accounting at KBL, a also lectured on various tax graduated from law school and sub- also previously served as general national accounting firm, has law subjects, including: current sequently joined NYCLA. She was a counsel to Parents Magazine been a member of NYCLA for tax trends, taxation of various Sustaining Member, solo practi- Enterprises before starting her own over 40 years. In 2007, Mr. business entities, taxation of tioner and author of Franchising law practice. Kahn received the award for awards, verdicts and settle- outstanding committee chair ments, estate taxation and (published by Matthew Bender), Among the NYCLA committees Alan Kahn first published in 1969 and updated and sections to which she belonged for his work with the Taxation planning, taxation of awards three times a year. Ms. Glickman were the Cyberspace Law and Committee, which he had chaired for and verdicts in eminent domain pro- died last year and made a generous Foreign and International Law the past seven years. He is currently ceedings, ethics, multi-disciplinary bequest in her will of at least $2.7 Committees and the Entertainment, the secretary for the Committee on organizations, financial planning for million to NYCLA. According to Media, Intellectual Property and Committees and serves as NYCLA’s solo and small-firm practitioners, James B. Kobak Jr., President of the Sports Law (EMIPS) Section. Ms. liaison with the IRS in a cooperative starting and maintaining a law prac- NYCLA Foundation, “This is the Glickman was an active member of tax program. tice, taxation of employees’ stock Mr. Kahn, a frequent CLE lecturer, options, working with a forensic largest gift of any kind in NYCLA’s NYCLA’s Trade Regulation th history, and we are very grateful for Committee, participating in forums will teach his 20 CLE course on May accountant and handling tax audits. it.” He added, “Gladys wrote much and researching reports issued by of her well-known treatise on fran- the Committee. She was also a chise law upstairs in our Library, and member of the American Bar we plan to name an area in the Association’s Business Law and MEMBERS IN THE NEWS Library after her.” Intellectual Property Sections and A former vice president in the its Subcommittee on Franchising. This column spotlights members interview with Judge Smith, who is a who have appeared in the media or partner at Chadbourne & Parke have published books. Members are LLP, appeared in the April 2008 invited to contribute information to issue of The Metropolitan Corporate PUBLIC POLICY DEVELOPMENT Anita Aboulafia, Communications Counsel. Director, at [email protected] for inclusion. As of June 1, 2008, Simeon Baum NEW YORK, NY – MARCH 17, 2008 – NEW YORK, NY – NYCLA sent a and Leona Beane, past chairs of letter to Governor David A. Paterson in support of legislation to create an Hon. George Bundy Smith, chair of NYCLA’s Arbitration and ADR Office of Indigent Defense Services as a preliminary step towards the estab- the NYCLA Justice Center and Committee, will begin to serve as lishment of an independent Indigent Defense Commission. Board member, received the chair and vice chair respectively of American Bar Association’s the New York State Bar To read statements, reports, amicus briefs, letters and other documents Commission on Racial and Ethnic Association’s new Dispute related to NYCLA’s public policy initiatives, log on to www.nycla.org and Diversity’s Spirit of Excellence Resolution Section. click on News and Publications. Award in February. In addition, an May 2008 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT

Catherine A. Christian New York County Lawyers’ Association 14 Vesey Street New York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252 Children Are Our Future Catherine A. Christian The education of our youth is 26 years. He has also partici- Our Future.” The conference is President an issue near and dear to me. I pated in the New York State Bar the first in a series to explore have had the opportunity Association’s Statewide Mock what can be done to successfully Sophia J throughout my legal career to visit Trial Competition, the Murry combat the growing crisis of Gianacoplos Executive Director high school classrooms to speak to Bergtraum Evening Adult gang violence that has plagued adolescents about their legal School’s Law for the Layperson many parts of New York City. Mariana Hogan rights, career paths and the impor- Program, Continuing Education Chair, Newsletter In March 2007, the NYC Editorial Board tance of education. I have stressed for Small Claims Arbitrators and Youth Law Manual, the center- Marilyn J. Flood to them that it is with an educa- the Hosting Students in the piece of NYCLA’s Youth Law tion and only with an education Courtroom education program. Counsel to NYCLA Education Project, was pub- Executive Director of that they will be able to succeed. Under his leadership, in addition lished. Written in an easily the NYCLA Foundation In this, my last column as to classroom visits by lawyers, understandable format by a NYCLA’s President, I the Committee and Anita Aboulafia team of lawyer volunteers, the Editor give a heartfelt thanks its subcommittees Manual is designed to educate Director of Communications to NYCLA’s Law- have been respon- high school students about their Related Education sible for numerous Nicole Pierski rights and responsibilities as cit- Communications Assistant Committee and the other innovative pro- izens and provide information Youth Law Education jects, including the Long Island Business News about law-related careers. The Account Executives Project of NYCLA’s sponsorship of an Manual, coupled with teacher Justice Center for the annual essay contest Renee Stuto training seminars, citywide stu- 631-913-4262 many hours its mem- and public forums. dent conferences and career Pat Kunder bers have contributed This year is the 14th days, delivers current, accurate 631-913-4227 over the years to the anniversary of the information about legal issues Copyright © 2007 New York education of young County Lawyers’ Association. New York City High of critical importance to the All rights reserved. New York people. County Lawyers’ Association School Essay Contest. Over 150 approximately 35,000 students grants permission for articles and Under the leadership of New students have entered the com- enrolled in law-related pro- other material herein or portions thereof to be reproduced and York State Supreme Court petition, in which they were grams in New York City high distributed for educational or professional use through direct Justice Richard Lee Price, the asked to write on the subject of schools. In April 2008, a work- contact with clients, prospective clients, professional colleagues Law-Related Education gang violence, specifically: “The shop for parent coordinators and students provided that such use shall not involve any matter Committee’s Lawyer in the Mayor has just established a new was presented by NYCLA for which payment (other than legal fees or tuition) is made Classroom program brings vol- anti-gang commission and has members who discussed crim- and provided further that all reproductions include the name unteer lawyers to New York appointed you as Commissioner. inal, housing, consumer credit of the author of the article, the copyright notice(s) included in City high schools. The lawyers Your goal is to reduce or elimi- and family law. The project is the original publication, and a provide young people with the nate criminal gang activity and guided by the NYCLA Justice notice indicating the name and date of the Association publica- knowledge and tools necessary recruitment in New York City. Center. tion from which the reprint is made. Subscription rate: $10.00 to make their voices heard How would you define a “gang” As we celebrate NYCLA’s per year for non-members within our democracy. The com- or “gang member” and how 100th anniversary, we can take New York County Lawyer is mittee also visits Justice Price’s would you recommend targeting published monthly (except pride in our contributions to the January and August) for $10 Bronx courtroom, where atten- the “gang” or “gang member?” per year by New York County education of our youth and all Lawyers’ Association, 14 Vesey dees range from elementary, Students were asked to discuss of the other accomplishments of Street, New York, NY 10007. middle and high school students existing laws and/or suggest new Periodicals postage paid is mailed this great democratic bar associ- at New York, NY and additional to undergraduates and parents. laws that would support their mailing offices. POSTMASTER: ation. We can also look forward Send address changes to: New Other members of the LRE recommendations. The top four to all that is yet to be done. York County Lawyer, 14 Vesey Committee pay visits to various essayists will receive cash prizes Street, New York, NY 10007-2992. campuses throughout New York at an awards ceremony at USPS #022-995 ISSN: 1558-5786 County, including to elementary NYCLA on May 21. $10.00 of membership dues schools and art institutes. On May 7, the Committee is is deducted for a one-year subscription to the New York Justice Price, who has served sponsoring a conference on gang County Lawyer. as chair of the Committee for violence: “Can We Develop the past 25 years, has presided Gang Prevention Strategies? Photo Credits: Anita Aboulafia over civil and criminal trials for Saving Our Children, Saving Dan Jordan 6 May 2008 / New York County Lawyer

Notice of Annual Meeting on NYCLA Task Force Co-Chair Thursday, May 22 at 5:30 PM at St. Paul’s Chapel receives State Bar Award (across the street from NYCLA)

In April, Professor Jane M. Spinak, Department, will discuss and pri- Annual Report of the President Clinical Professor of Law at oritize the recommendations of Treasurer’s Report Columbia Law School and co- NYCLA’s two Family Court con- chair of NYCLA’s newly formed ferences, “The Family Court in Election of Officers and Directors Task Force on the Family Court, New York City in the 21st Century: received the Howard A. Levine What Are Its Roles and On January 22, 2008, the following were nominated as officers and directors by the Award for Excellence in Juvenile Responsibilities?,” and the 2007 Committee on Nominations. Justice and Child Welfare from the follow-up forum. In addition, Nomination of Officers: New York State Bar Association Professor Spinak was quoted in a President Ann B. Lesk Committee on Children and the New York Times article on April President Elect James B. Kobak Jr. Law. The task force that she co- 18, 2008 regarding a case in Texas Vice President Joel B. Harris chairs with Hon. Howard Miller, in which 416 children were found Secretary Stewart D. Aaron Appellate Division, Second living in a polygamist compound. Treasurer Ernest E. Badway

Board of Directors:

Class of 2009: Bruce A. Green Sue C. Jacobs

Class of 2011: Vincent T. Chang NYCLA issues Ethics Opinion 738 Louis Crespo Hon. Margaret J. Finerty Hon. Marcy S. Friedman by Sylvia Shweder counsel correspondence or other Susan Y. Kunstler material with metadata, the Barbara Moses receiving attorney may not ethically Carol A. Sigmond The Professional Ethics search the metadata in those elec- Herbert L. Thornhill Committee issued Ethics Opinion Susan J. Walsh tronic documents with the intent to 738 in March, concluding that it is Richard A. Williamson find privileged material or if finding unethical for a lawyer to search for privileged material is likely to occur metadata in correspondence, con- Committee on Nominations: from the search.” tracts or other documents sent elec- Class of 2011: Janiece Brown Spitzmueller tronically to opposing counsel. While the Opinion finds that lawyers who receive electronic cor- Sylvia Fung Chin Opinion 738 found that a lawyer Rosalind S. Fink respondence and other documents who sends electronic correspon- Robert L. Haig should not mine the material’s meta- dence with metadata, which is infor- Norman L. Reimer data, it also cautions lawyers who mation describing the history, send documents electronically to tracking or management of an elec- “scrub” the documents (software Printed below is a proxy for your use if you cannot attend the Annual Meeting. Please tronic document and may include exists that deletes the history of a send your completed proxy to Ruth Zipper by email at [email protected]; by mail, changes that were made to a docu- Word or Excel document) or scan Attention: Ruth Zipper, New York County Lawyers’ Association, 14 Vesey Street, ment, is making a disclosure that is New York, NY 10007; or by fax (fax: 212-406-9252) prior to the Annual meeting on them into a PDF format prior to presumed to be inadvertent. “By May 22, 2008. sending material to their adver- actively mining an adversary’s corre- saries. “[E]very attorney has the spondence or documents for meta- obligation to prevent disclosing data under the guise of zealous PROXY client confidences and secrets by representation,” the Opinion states, properly scrubbing or otherwise “a lawyer could be searching only For Annual Meeting of Members of the protecting electronic data sent to for attorney work product or client opposing counsel,” the Opinion NEW YORK COUNTY LAWYERS’ ASSOCIATION confidences or secrets that opposing states. counsel did not intend to be To Be Held May 22, 2008 Several other state bar associa- viewed.” Know all people by these presents: That the undersigned Member of New York tions’ ethics committees have also The NYCLA Ethics Opinion, County Lawyers’ Association hereby constitutes and appoints Catherine A. Christian, recently opined along the lines of which does not address electronic Ann B. Lesk and James B. Kobak Jr., or any of them, proxies of the undersigned, with the NYSBA rule, including that of documents in the form of document full power of substitution to each, for, and in the name, place and stead of the under- Florida, Alabama and Arizona. signed, to attend the Annual Meeting of Members of the New York County Lawyers’ discovery, helps to guide lawyers in Association, to be held at St. Paul’s Chapel on May 22, 2008 at 5:30 PM and any an area in which the American Bar To read Ethics Opinion 738 and all other NYCLA ethics opinions, go adjournment or adjournments thereof; and thereat to vote upon all matters that may Association and the New York State properly come before said meeting as fully and with the same effect as the under- Bar Association have disagreed. In to www.nycla.org and click on News signed might or could do if personally present at said meeting or any adjournment or 2006, ABA Formal Opinion 06-442 & Publications and then on Ethics adjournments thereof. permitted review of metadata in Opinions. documents that opposing counsel The undersigned hereby revokes any proxy or proxies heretofore given by, for or on send electronically. An earlier behalf of the undersigned to vote at said meeting or any adjournment or adjournments Ms. Shweder, a Vice Chair of thereof. opinion by NYSBA did not permit NYCLA’s Professional Ethics mining for such metadata. Committee, is an Assistant United Dated: NYCLA found that the NYSBA States Attorney in the Eastern rule is a better interpretation of the District of New York. The views Code’s disciplinary rules and ethical expressed in this article do not nec- (Signature) considerations and New York prece- essarily represent the views of the dents than the ABA’s opinion on Department of Justice or the this issue. The Opinion states: United States. (Please Print Name) “[W]hen a lawyer sends opposing (Provisional and law student members may not vote.) May 2008 / New York County Lawyer 7 MESSAGE FROM BARI CHASE, CLE DIRECTOR Spring Programs at the CLE Institute will learn the more esoteric issues arising during real ciples and learn the relevant terms used in accounting estate transactions. (Fee: $125, members; $165, non- practice at the program, How to Analyze Financial This spring, the CLE Institute is offering a variety members). Litigators will not want to miss the May 13 Statements. (Fee: $125, members; $165, non-mem- of programs that should appeal to attorneys in many program, Roadblocks, Pitfalls and Ethical bers). On Monday and Tuesday, June 16 and 17, learn different practice areas. Real estate practitioners will Considerations in State Appellate Practice, from the basics of how to evaluate an employment discrim- be interested in the May 15 program, How to Comply 6:00-9:00 PM. A panel from the bench and bar, fea- ination case at Handling Employment Discrimination with the City’s New Building Code, which takes effect turing Hon. Eugene F. Pigott Jr., New York Court of Cases, from 6:00-9:00 PM on both days. (Fee: $175, on July 1, 2008 and applies to owners of both new and Appeals, will cover the civil and criminal sides of the members; $225, non-members). existing buildings. The program will be held from 9:00 appellate process. (Fee: $125, members; $165, non- Finally, don’t miss a special NYCLA Centennial AM-12:30 PM. It is co-sponsored by the Community members). Similarly, on Monday evenings, June 2 and Event on Wednesday, May 21 from 8:30-10:45 AM. Join Housing Improvement Program (CHIP) and Rent 9, from 6:00-9:00 PM, Program Chairs Hon. Gerard us in welcoming members of the Lille Bar Association, Stabilization Association (RSA) and will feature Lynch (SDNY) and Joel Silverstein will lead an who will join with some of their American counterparts speakers from the Department of Buildings. (Fee: $75, unparalleled panel of experts in discussing Winning for a lively discussion at an Ethics Roundtable: members; $125, non-members; $35, non-attorneys). Cases in Federal Court. (Fee: $175, members; $225, Handling Fee Disputes in the U.S. and France. On June 12, from 6:00-9:00 PM, we will conduct a pro- non-members). Further, two additional “how-to” pro- Breakfast will be provided and 2.5 MCLE credits in gram, Beyond the Basics: Co-ops, Condos and 1-4 grams will be presented this spring. On Monday, May Ethics can be earned. (Fee: $50, members; $75, non- Family Real Estate Transactions, where attendees 12 from 6:00-9:00 PM, examine basic accounting prin- members). CLE PROGRAMS IN MAY

Thursday, May 8 Tuesday, May 13 Tuesday, May 20 6:00 – 8:00 PM 6:00 – 9:00 PM 6:00 PM – 7:45 PM GOING GREEN: GREEN BUILDINGS ROADBLOCKS, PITFALLS AND A PERFECT STORM: RACE, LAW AND 101-WHAT EVERY LAWYER SHOULD ETHICAL CONSIDERATIONS IN CRIMINAL JUSTICE KNOW STATE APPELLATE PRACTICE 2 MCLE credits: .5 Ethics, 1.5 Professional 2 MCLE Credits: 2 Professional Practice; 3 MCLE Credits: 1 Ethics; 2 Skills; Practice; Transitional and Non-Transitional Transitional and Non-Transitional Transitional and Non-Transitional Early Registration Fee (on or before 5/18) Early Registration (on or before 5/6) Early Registration Fee: (on or before 5/11) Member: $30 Non-Member: $55 Member: $50 Member: $125 Registration Fee: (5/19 - 5/20) Non-Member: $75 Non-Member: $165 Member: $55 Registration Fee (5/7 - 5/8) Registration Fee (5/12 - 5/13) Non-Member: $80 Member: $75 Member: $150 Non-Member: $100 Non-Member: $190 Wednesday, May 21 8:30 – 10:45 AM Monday, May 12 Thursday, May 15 CENTENNIAL EVENT — ETHICS 6:00 – 9:00 PM 9:00 AM – 12:30 PM ROUNDTABLE: HANDLING FEE HOW TO ANALYZE FINANCIAL HOW TO COMPLY WITH THE CITY’S DISPUTES IN THE U.S. AND FRANCE STATEMENTS NEW BUILDING CODE 2.5 MCLE Credits; 2.5 Ethics; Transitional 3 MCLE Credits: 3 Skills; Transitional and 3.5 MCLE Credits: 2 Professional Practice; and Non-Transitional Non-transitional 1.5 Skills; Transitional and Non-Transitional Early Registration Fee (on or before 5/19) Early Registration Fee (on or before 5/10) Early Registration Fee (on or before 5/13) Member: $50 Member: $125 Member: $75 Non-Member: $125 Non-Legal Non-Member: $75 Non-Member: $165 Staff: $35 Registration Fee: (5/20 - 5/21) Registration Fee (5/11 - 5/12) Registration Fee: (5/14 - 5/15) Member: $75 Member: $150 Member: $100 Non-Member: $150 Non-Legal Non-Member: $100 Non-Member: $190 Staff: $60

Discount offer for NYCLA members- NYCLA’S Task Force on Laurence Fishburne in Thurgood Did you know... ? Hon. Thurgood not just for the man, but for the nation he Professionalism launches blog Marshall, the first African American to bravely challenged and proudly served. serve on the Supreme Court, was a NYCLA member. Special $50* Offer: Available for performances through June 1 only. In April, NYCLA’s Task Force page of NYCLA’s website Laurence Fishburne is a Tony Award Three Easy Ways to Order: on Professionalism launched an (www.nycla.org). The winner, Drama Desk Award winner, 1) Online. Visit www.broadwayoffers.com interactive Professionalism Professionalism Blog is a col- Outer Critics Circle Award winner, and enter code THWCEB8. Blog. Through this blog, the task laborative effort of Task Force Emmy Award winner, Academy Award 2) By Phone. Call (212) 947-8844 and nominee and the recipient of a Theatre mention code THWCEB8. force seeks to generate a sense Chair James B. Kobak Jr., World Award. His performances have 3) In Person. Beginning in May, bring a of community by offering a Hughes Hubbard & Reed LLP, been deemed “brilliant,” “riveting” and print out of this offer to the Booth forum to voice views and and Task Force member “electrifying” by The New York Times. Theatre Box Office, 222 West 45th Street. Perhaps best known to movie audiences increase awareness of issues Madeleine Giansanti Cag, for his performances in the blockbuster Performance Schedule: Tues-Sat at 8 that concern us all. Find out Gregory P. Joseph Law Offices “The Matrix” series, Fishburne has also PM, Wed & Sat at 2 PM, Sun at 3 PM about the professionalism issues LLC. The Professionalism Blog starred in such films as “Mission Impossible 3,” “Bobby,” “What’s Love *Offer valid for performances through June that are being talked about in is only a click away — so come God to Do With It” and “Boyz in the 1. Blackout dates may apply. A $1.50 facilities our community and make sure by the proverbial water cooler Hood,” among many others. Fishburne fee is included in the price of each ticket. you add your thoughts and and let us know the profession- portrays Thurgood Marshall, who rose Schedule subject to change. Offer subject to from the back streets of Baltimore to the availability. Normal service charges apply to comments while you are vis- alism issues you face or fear (or Supreme Court of the United States, online and phone orders. No exchanges or iting. The Professionalism Blog both!) as a legal practitioner. overcoming whatever obstacles society refunds. All sales are final. Cannot be com- can be accessed from the front placed in his way. Thurgood is his bined with other offers. Not valid for prior remarkable story, a triumph of courage— purchases. Offer may be revoked at any time. 8 May 2008 / New York County Lawyer

P AST E VENTS

Supreme Court Committee celebrates 25th Anniversary of Law Day Luncheon and 50th Anniversary of Law Day NYCLA’s Supreme Court Committee celebrated the 25th Anniversary of its Law Day Luncheon and the 50th Anniversary of Law Day on April 18 at Cipriani Wall Street with a presentation of the Capozzoli Gavel Award to the Appellate Division, First Department. Hon. Judith S. Kaye, Chief Judge of the State of New York, presented the award and Hon. Jonathan Lippman (at the lectern), Presiding Justice, Appellate Division, First Department, accepted it on behalf of the Court. Also pictured are former and current members of the Appellate Division, First Department.

Supreme Court Committee co- chairs Howard W. Burns Jr. (far left) and Henry J. Kennedy (far right) presented certificates for 25 years of distinguished judicial service to (from left to right): Hon. Bonnie G. Wittner, Supreme Court, New York County; Hon. Judith S. Kaye, Chief Judge of the State of New York; Hon. Bernard Fried, Supreme Court, New York County; and Hon. Edward J. McLaughlin, Supreme Court, New York County.

NYCLA co-sponsors Speed Networking and Rainmaking Skills Workshop, Part 2

In April, participants from last year’s Speed Networking and Rainmaking Skills Workshop reunited and shared their successes and challenges. Pictured (from left to right) are: Freddy Smith, Financial Women’s Association (FWA) event co-chair and financial advisor with UBS Financial Services, Inc.; featured speaker Andrea Nierenberg, president of the Nierenberg Group; Susan L. Harper, co-chair of NYCLA’s Women in Law Strategies for Success Series, FWA event co-chair and associate with Baritz & Colman, LLP; and Gene Sullivan, business development consultant with John Hancock Funds, which sponsored Four NYCLA the event’s wine-and-cheese reception. committees/sections host public forum on NYCLA Justice Center hosts workshop estate planning on Youth Law Education In March, four NYCLA committees/sections – Real In April, NYCLA’s Justice Center related careers. The NYCLA mem- Property and Estates, Trusts and Surrogate’s Court hosted a workshop as part of its bers who participated were (pic- Practice Sections, and Elder Law and Taxation Youth Law Education Project for tured): Marie A. Richardson, Committees – presented a public forum, “Real Estate parent coordinators of New York member of the NYCLA Justice and Taxation Issues in Estate Planning,” with Martin M. City high schools on various Center Advisory Board, and Brian Shenkman, Esq. (in the middle), partner, Martin M. aspects of criminal, housing, con- D. Rauer, former chair of Shenkman, P.C. Mr. Shenkman, a registered investment sumer credit and family law. NYCLA’s Cyberspace Law adviser, CPA and tax and estates and trusts attorney, There was also a presentation on Committee. Additional presen- discussed the complications that ownership of real the use of NYCLA’s NYC Youth ters were: Maxine A. Ketcher, co- estate in life estates, trusts and LLCs can cause from Law Manual, a 113-page book chair, NYCLA’s Family Court and both a tax-planning and a trust-and-estates perspec- designed to educate high school Child Welfare Committee, and tive. Pictured with Mr. Shenkman are Elaine M. students about their rights and Collin D. Bull, chair, NYCLA’s Harrison, co-chair, Estates, Trusts and Surrogate’s Court responsibilities as citizens and Civil Rights and Liberties Section, and Leo Genn, chair, Real Property Section. provide information about law- Committee. Hon. Harold Baer Jr. speaks at Federal Courts Committee meeting

Hon. Harold Baer Jr., U.S. District Judge, Southern The article is dedicated to Hon. Morris E. Lasker, Senior District of New York, was the guest speaker at the Federal Judge, U. S. District Court, Southern District, who for Courts Committee’s April meeting. Judge Baer served as decades handled the Benjamin v. Malcolm prisoners’ rights the judicial executive at JAMS from 1992 until his litigation and its consent decrees. Judge Baer inherited this appointment to the bench in 1994 and presently serves litigation when Judge Lasker went to Massachusetts as a as chair of the Mediation Committee of the Southern senior judge. There was a discussion about the article, which District Judicial Conference. He discussed two topics: the explained that while the federal courts may not be the most need for the development and funding of prison rehabili- ideally suited or cost-effective institutions to monitor prison tation programs for the federal prison system and issues reform, they have and must exercise their legitimate role in relating to the Southern District mediation program. that regard when there is a controversy properly brought Regarding prison rehabilitation programs, Judge Baer dis- and when the other branches have effectively defaulted. cussed programs undertaken in New York City. He expressed some caution about the programs’ effectiveness, but was open to improvements and expansion in appropriate Pictured from left to right are: Stewart D. Aaron, NYCLA cases. Judge Baer circulated a reprint of an article written by Board member and a partner at Arnold & Porter LLP, who himself and Arminda B. Bepko, A Necessary and Proper hosted the meeting; Hon. Harold Baer Jr., U.S. District Role for Federal Courts in Prison Reform: The Benjamin v. Judge, Southern District of New York; and Thomas V. Malcolm Consent Decrees, 52 New York Law School Law Marino, chair of the Federal Courts Committee and a Review 3 (2007-2008), which discussed the issue. partner at Dunnington Bartholow & Miller LLP. May 2008 / New York County Lawyer 9

Remembering NYCLA’s original officers by Nicole Pierski Law School pro- 1886, was appointed Denis A. Spellissy fessor and later to fill a vacancy on First Treasurer In the fall of 1907, a group of taught at Yale the New York lawyers gathered to address the University Law Supreme Court. He Denis A. Spellissy served as prospect of forming a bar group School. He served was later elected NYCLA’s first treasurer from 1908 to where neither heritage nor politics as president of the chief judge of the 1909 and was a member of the would be obstacles to inclusion. American Bar Court of Appeals but Nominations Committee in 1917. When Edward Grout became trea- They were determined to create, in Association from John Forrest resigned from that Alton Brooks surer in 1909, he was elected to take the words of Hon. Joseph H. Choate 1891 to 1892. Mr. Dillon post in 1904 in order Parker (who would become NYCLA’s Dillon was a to run for U.S. presi- Mr. Grout’s place as a director. He president in 1912), “the great demo- municipal government law expert dent against Theodore Roosevelt. He served on NYCLA’s Board of cratic bar association of the City and the creator of “Dillon’s Rule,” served as president of the American Bar Directors until 1912, the Legislative [where] any attorney who had met which states that the powers of Association from 1906 to 1907 and pres- Committee from 1909 to 1915 and the the rigid standards set up by law for municipalities are limited to those ident of the New York State Bar Nominations Committee from 1914 admission to the bar should, by expressly conferred on them by the Association from 1913 to 1914. He was to 1916. virtue of that circumstance, be eli- states. That principle has served as a NYCLA’s vice president for a short time gible for admission.” The New York tool for reformers and good govern- in 1908 and served as its second presi- William James Wallace County Lawyers’ Association was ment groups to fight municipal cor- dent from 1909 to 1912. Vice President officially incorporated on April 21, ruption in the state legislature and William James Wallace was one of 1908 by 143 “attorneys or counsel- court system. He was NYCLA’s first Charles Strauss the first three vice presidents of the lors of the Supreme Court of the president from 1908 to 1909 and First Secretary and Association and presided at the State of New York in active prac- served on the Board of Directors Ninth President dinner that honored David tice, residing or having offices in from 1909 to 1913. Leventritt’s retirement from the Charles Strauss lived in Manhattan New York County.” NYCLA’s first bench in 1908. He was appointed a his entire life, graduating from Columbia home was at 165 Broadway, on the Joseph Francis Daly U.S. District judge for the Northern Law School in 1875. He served on the 26th floor of the City Investing Vice President District of New York in 1874 and to City’s Water Board and was a member Building. the Second Circuit in 1882. While sit- Joseph Francis Daly became a of the committee charged with selecting On January 20, 1908, the following ting on the Court of Appeals for the judge at the age of 29, serving on the a new courthouse site. He was also a members were elected as officers pro Second Circuit in 1897, he ran as the Court of Common Pleas and eventu- trustee of City College and director of tempore of the Committee on Republican candidate for chief judge ally becoming chief justice of that the Underwood Typewriter Company, Organization. Upon NYCLA’s incor- of the New York Court of Appeals, court. In 1896, that court became located at the time at 30 Vesey Street. poration three months later, they but he lost to the Democrat candi- part of the New York Supreme Charles Boston, NYCLA president were elected as the first officers of the date, Alton B. Parker. In 1907, he Court and Judge Daly assumed a from 1932 to 1934, described Mr. Association. resigned from the bench and returned position on that bench. He served on Strauss’s role in the formation of to practice. In 1908, he, Parker and the Supreme Court until he was NYCLA as “the Godfather of this John Forrest Dillon Joseph F. Daly were the three vice defeated by a Tammany Hall candi- enterprise.” He was NYCLA’s first sec- presidents of NYCLA during John F. First President date in 1898. He was a vice president retary as well as the secretary of Dillon’s term as president. John Forrest Dillon originally of NYCLA from 1908 to 1912, as NYCLA’s Committee on Organization. studied medicine at the University well as from 1915 to 1916. Mr. Strauss was NYCLA’s president of Iowa but switched to law and was from 1921 to 1923. When his term as Ms. Pierski is the Communications admitted to practice in Iowa in 1852. president ended in 1923, the Association Alton Brooks Parker Assistant at the New York County He served as an Iowa state judge elected him to a three-year term to the Vice President and Lawyers’ Association. and was appointed to the U.S. Court Second President Board of Directors in the class of 1926. of Appeals for the Eighth Circuit in He was reelected three times as a 1869. After presiding on that bench Alton Brooks Parker became the sur- director and died before completing his for ten years, he became a Columbia rogate of Ulster County in 1877 and in final term in the class of 1934. Centennial Celebration Event: NYCLA’s Library Committee hosts book-signing reception In April, NYCLA’s Library Committee hosted paigners and their use of the media and analyzed a book-signing reception for the biography Belva the seriousness with which Ms. Lockwood was Lockwood, The Woman Who Would Be President, taken by a review of how she was portrayed in by Jill Norgren (pictured), professor emeritus of editorial cartoons. In addition to her law practice, government at John Jay College and the Graduate Ms. Lockwood was a popular speaker on the lec- Center of the City University of New York. ture circuit and also devoted time working on Professor Norgren poses with James B. Kobak Jr., behalf of the Universal Peace Union. chair of the Library Committee, president of the Professor Norgren’s presentation enlightened NYCLA Foundation and vice president of and informed the audience about Ms. Lockwood, NYCLA. Her book provides the first in-depth the suffrage movement, the practice of law and biography of one of the country’s early women the politics and society of the late 19th and early lawyers, who was the first woman to be admitted 20th centuries. to the bar of the U.S. Supreme Court, the first The event, sponsored by NYCLA’s Library woman to argue before that court and a candidate Committee and held during National Library for the U.S. presidency in 1884 and 1888. Week, was co-sponsored by the book’s publisher, Author Jill Norgren and NYCLA Vice President James Professor Norgren discussed women cam- NYU Press. B. Kobak Jr. 10 May 2008 / New York County Lawyer

The book concludes with a critical analysis of Bender) Release no. 76. sample questions and answers. There is an Employment Coordinator (Thomson West) index and a 2007 supplement. Release no. 2. Franchising (LexisNexis Matthew Bender) NEW EDITIONS Release no. 110. LIBRARY NOTES Building Code of New York State, 2007 edi- Law of Electronic Surveillance (Thomson tion (International Code Council). West) Release no. 8. Energy Code of New York State, 2007 edition Law of Restitution (Aspen Publishers) 2008-2 (International Code Council). Cumulative Supplement. Federal Civil Judicial Procedure and Rules, Moore’s Federal Practice (LexisNexis March 2008 pamphlet (Thomson West). Matthew Bender) Release no. 157. Federal Criminal Code and Rules, March New York Civil Practice: Matrimonial To make suggestions about book purchases, being accessed. There is explanatory material 2008 pamphlet (Thomson West). Actions (LexisNexis Matthew Bender) please contact Anna Smallen or Dan Jordan by Mr. Morse and ancestry.com, which pro- Federal Sentencing Law and Practice, 2008 Release no. 73. by email at [email protected] or vides some full-text information about migra- edition (Thomson West). Proving Medical Diagnosis (LexisNexis [email protected] or by phone at 212-267- tion to the United States and is available Fire Code of New York State, 2007 edition Matthew Bender) Release no. 75. 6646, ext. 204. without cost at many New York Public Library (International Code Council). branches. Fuel Gas Code of New York State, 2007 edi- PERIODICALS FEATURED INTERNET SITE tion (International Code Council). The FTC, the Unfairness Doctrine, and Data One-Step Web Pages, by Stephen P. Morse – FEATURED TITLE The Law Office Guide to Purchasing Legal Security Breach Litigation: Has the http://.stevemorse.org Cross-Examination: Science and Techniques, Malpractice Insurance, 2008 edition Commission Gone Too Far? Administrative If you want to find free or low-cost informa- Second Edition, by Larry S. Pozner and Roger (Thomson West). Law Review, vol. 6 no. 2 (Winter 2008). tion about people living or dead, this portal is S. Dodd. The authors conduct frequent semi- Mechanical Code of New York State, 2007 The Irony of Judicial Elections, Columbia Law a good starting point. Though it is primarily for nars on cross-examination. Mr. Pozner is the edition (International Code Council). Review, vol. 108, no. 2 (March 2008). genealogical research, it provides tools to find past president of the National Association of Plumbing Code of New York State, 2007 edi- Katrina’s Window: Localism, Resegregation birthdays, telephone numbers, relatives, Trial Lawyers. His co-author is a trial attorney tion (International Code Council. and Equitable Regionalism, Buffalo Law Holocaust victims and verification of credit and expert on litigation. They begin the book Property Maintenance Code of New York Review, vol. 55, no 4 (January 2008). cards. Using New York City Vital Records or by giving a systemic overview of the techniques State, 2007 edition (International Code The Legal Theory of Competitive Bidding for the Social Security Death Index, users can sim- to employ, then show how to prepare for trial Council). Government Contracts, Public Contract Law plify the ordering of death certificates. Early and formulate a strategy. Using examples from Residential Code of New York State, 2007 edi- Journal, vol. 37, no. 2 (Winter 2008). census records for the United States and infor- actual trials, but not naming the attorneys, they tion (International Code Council). Nineteenth Annual Supreme Court Review, mation on ports of entry to New York City can provide methods for writing opening state- Touro Law Review, vol. 23, no. 4 (2008). be found here, as well as incarceration records ments and cross-examining witnesses without NEW UPDATES The Progress of Women Lawyers at Big Firms: for New York State. The site can be navigated prior discovery. They demonstrate effective Attorney’s Textbook of Medicine, (LexisNexis Steadied or Simply Studied? Fordham Law vertically or horizontally. ‘One-step’ refers to strategies for conducting redirect examination Matthew Bender) Release no. 140. Review, vol. 76, no. 4 (March 2008). the ability to search several databases at once; and impeaching witnesses, for example, those Bender’s Federal Practice Forms, (LexisNexis Standing on the Wrong Foot: A Case for the information is as reliable as the database who weep or run away with their testimony. Matthew Bender) Release no. 126A. Equal Protection, Syracuse Law Review, vol. Bender’s Forms of Discovery, (LexisNexis 58, no.1 2007). Matthew Bender) Release no. 77. Valuing Laws as Local Amenities, Harvard Bender’s New York Evidence (LexisNexis Law Review, vol. 121, no.5 (March 2008). THE PRACTICE OF LAW SERIES Matthew Bender) Release no.86. Programs led by experienced attorneys in informal settings to help you Collier on Bankruptcy (LexisNexis Matthew CLE tech programs are listed on page 12. manage your practice.

Manage Your Relationships with Clients, Judges and Opposing Counsel, So That They Don’t Manage You! An analytical and practical approach to anticipate, be prepared for, handle and avoid conflicts with other players in the legal profession. Discussion of problems that attorneys routinely face (including the “unexpected” curve balls) and suggested resolutions. Attendance limited to 20.

May 20, 2008 – 6:00 PM Speaker: Clyde Eisman

Preparing a Trial Notebook Learn the basics of preparing a trial notebook, issuing subpoenas, jury selection, opening/closing statements and direct/cross examination. Evidentiary issues including in limine motions, demonstrative evidence and objections will be discussed.

May 27, 2008 – 6:00 PM Speaker: Jeffrey M. Kimmel

Trial Techniques for Beginners Detailed discussions concerning trial strategy, witness preparation, jury selection, opening/closing statements and direct/cross examination. Hearsay objections and other evidentiary issues will be discussed. June 3, 2008 -6:00 PM Speaker: Jeffrey M. Kimmel

What Every Lawyer Needs to Know about The Part 137 Fee Dispute Resolution Program Your rights and responsibilities when your client disputes your fees and the law requires that you arbitrate.

June 17, 2008 – 6:00 PM Speakers: Martin L. Feinberg and Heidi Leibowitz

Great Tips for Building a Successful Practice With over 20 years of experience, Doron provides his top suggestions for building a successful solo and small-firm practice. The emphasis is on specific, straightforward, no-holds-barred, practical advice and personal insights. June 24, 2008 – 6:00 PM Speaker: Doron Zanani FREE series for all NYCLA members. All programs are held on Tuesdays from 6:00- 8:00 PM at the Home of Law, 14 Vesey St. (between Church Street & Broadway) New York. Refreshments are served. To register: email [email protected] or fax this page to 212-406-9252. Please check boxes of all programs you wish to attend. NAME ______EMAIL ______PHONE ______NUMBER YEARS ADMITTED TO BAR ______May 2008 / New York County Lawyer 11 METROPOLITAN MUSEUM THEATER DISCOUNTS CONCERT SERIES NYCLA members can obtain discounted tickets to the shows listed below. Jerusalem Chamber Music Festival For complete details and ticket regulations, please go to www.nycla.org and log in with your username and password. Click on Benefits under Members NYCLA members receive a 20 percent* discount to the only New York appearance of the Jerusalem Chamber Music Only; go to the dropdown menu and click on Leisure & Retail and scroll Festival (Israel) on Thursday, May 15 at 8:00 PM at the Metropolitan down to Onstagesavings.com. Museum of Art. To purchase tickets call 212-570-3949. You must mention code NYCLA and provide your NYCLA ID number. *Tickets are $40 (regularly $50). Schumann—Six Pieces in Canon Form, Opus 56; Beethoven—Trio for Piano, Clarinet, and Viola, Opus 38; Kurtág—Hommage à Robert Schumann for Piano, Clarinet, and Viola, 1990; Schumann—Quartet in E flat Major, Opus 47. Exchanging property rights by Michael S. Brady, Esq. and Pamela Michaels, Esq.

As states and municipalities have acted to restrict and regulate new construction, the value of development rights has skyrocketed. In recent years, some states and local governments have adopted rules permitting unused Michael S. Pamela development rights to be transferred to Brady, Esq. Michaels, Esq. another parcel. These development rights can then be used to construct were located. Accordingly, the IRS NYS Unified Court System offers clerkships improvements, such as a building with found that the TDRs in question con- The New York State Unified Court System qualifications and demonstrated interest in greater floor space or height than stituted an interest in real property is offering one- and two-year clerkships in commercial law. would be permitted in the absence of under the state’s laws. the New York State Supreme Court those development rights. Accordingly, The IRS then considered the duration Commercial Division beginning September For more information on this program, an owner of excess development rights of the rights obtained under the TDRs, 2009. Commercial Division Law Clerks visit the New York State Unified Court may reap a substantial financial wind- because an interest in real property must work directly in chambers assigned to one System website at www.nycourts.gov or fall by selling the transferable develop- be of sufficient duration to be considered of the six justices in the New York County contact the Division of Human Resources, ment rights (“TDRs”) to the owner of to be like kind to a perpetual fee interest Supreme Court Commercial Division. This Commercial Division Clerkship another parcel who desires to develop in real property. The IRS found that “var- program seeks individuals with exceptional Coordinator at 212-428-2515. the other parcel. ious sections of the local Ordinances Of course, where there is a potential cited by Taxpayer provide that gain, there is a potential tax and the Development Rights are as-of-right and Legal Fellows Program at question arises whether gain resulting not discretionary, meaning that they exist from a sale of TDRs can be deferred permanently rather than at the discretion NYS Unified Court System by exchanging TDRs for a fee interest of a city agency or other decision-making The New York State Unified Court System nities will be available throughout the in real property under IRC §1031. authority. As such, these rights appear to is offering one-year Legal Fellowships to state. Applicants must anticipate gradua- More precisely, are TDRs “like-kind” be analogous to perpetual rights.” to a fee interest in real property? In recent law school graduates interested in tion from law school by August 2009 or As a final matter, the IRS considered pursuing a legal career in public service. have graduated no more than three years PLR 200805012, the Internal Revenue whether the taxpayer’s use of the TDRs Legal Fellows will be assigned to work in prior to May 2009. Service (“IRS”) addressed that ques- to benefit a property already owned by judicial offices, assisting with legal tion squarely. The IRS noted that the taxpayer presented a problem in the research and writing. These assignments The Legal Fellows Program is coordinated “[t]he types of property rights and exchange. Citing Rev. Rul. 68-394, 1968-2 will offer valuable professional legal expe- by the Workforce Diversity Office. For more interests that constitute interests in C.B. 338, the IRS concluded that “it is not rience to new attorneys while also information, call Alice M. Chapman- real property . . . for purposes of § 1031 material that the property acquired by exposing them to judicial decision making Minutello at 212-428-2540 or email her at are broad” and that “[w]hether prop- the taxpayer as the replacement property and court operations. Fellowship opportu- [email protected]. erty constitutes real or personal prop- is on property already owned by that tax- erty generally is determined under payer so long as it is acquired in an arm’s Attention: Litigators state or local law.” The IRS then ana- length transaction.” lyzed the two issues commonly Given the IRS’s analysis above, it Desperately Seeking a Case in the New York Law Journal? addressed in a real property like-kind appears that a taxpayer could sell devel- analysis: (i) the nature of the rights opment rights for other like kind real The New York Law Journal has been Looking for a case? Can’t find it in your represented by the TDRs (e.g., property just as easily as the taxpayer removed from the LexisNexis service and reporters? is only available with a two-week embargo whether TDRs constitute an interest in might purchase development rights as on Westlaw. The NYCLA Library sub- More and more cases are available in the real property) and (ii) the duration of replacement property. (See, e.g., PLR the rights obtained under the TDRs. scribes to the New York Law Journal and electronic format only. Please contact 8141112, in which exchanger sold agricul- our librarians will be happy to help you NYCLA’s Reference staff to help you find In determining whether the TDRs tural land development rights to the with your research. these often mentioned, yet unpublished constituted an interest in real property, State as relinquished property.) Of cases, online. the IRS noted that certain tax statutes course, any such transaction should be in the state in which the TDRs were considered only after careful considera- located treated TDRs as real property. tion of local laws governing TDRs in the “Although it is unclear whether jurisdiction in which the taxpayer owns ETHICS HOTLINE* Development Rights are treated as investment property. A taxpayer may not interests in real property for all pur- rely on a private letter ruling, so caution May 1-15 June 1-15 poses” of state law, it was clear that sec- is warranted and competent tax advice Wallace Larson Sarah McShea tions of the state’s tax statute and should be obtained in connection with 212-225-2359 212-679-9090 regulations “treat Development Rights any such transaction. as an interest in real property.” May 16-31 June 16-30 Moreover, a local administrative Mr. Brady, a NYCLA member, is the Mahendra Ramgopal Martin Minkowitz agency had held that a transfer of vice president of Eastern Region 646-964-5843 212-806-6256 development rights was subject to state Operations for Asset Preservation, Inc. gains tax as a transfer of real property. Pamela Michaels, Esq. is a vice president *Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. The Hotline does not answer questions regarding past conduct, the conduct of other attorneys, The IRS also noted that the transfer of and the North East division manager for questions that are being litigated or before a disciplinary committee or ethics committee, development rights was subject to real Asset Preservation, Inc., a national or questions of law. This notation shall not be construed to contain all Hotline guidelines. estate transfer taxes imposed by both Qualified Intermediary for IRC §1031 For a full discussion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’s the city and state in which the TDRs Tax-deferred Exchanges. Ethics Hotline,” September 2006, New York County Lawyer, Vol. 2, No. 7. 12 May 2008 / New York County Lawyer

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