COUNTYNEW YORK LAWYER

June 2010 Visit us at www.nycla.org Volume 6 / Number 5 NYCLA Inducts Officers and Board Members at INSIDE 18th Annual Lunch With May 27 Annual Meeting a Judge Program NYCLA held its Annual Meeting on May Pg. 2 27, inducting the following officers: James B. Kobak Jr., partner at Hughes Hubbard & Reed LLP, as president; Stewart D. Aaron, Message From Stewart partner at Arnold & Porter LLP and presi- Aaron, President, NYCLA dent of the NYCLA Foundation, as presi- dent elect; Barbara Moses, principal at Foundation Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., as vice president; Pg. 3 Susan J. Walsh, partner at Moskowitz, Book & Walsh, LLP, as secretary; and Gail Donoghue, retired, former special counsel NYCLA Announces to the Corporation Counsel of the City of New York and member of the Law Victories in Court of Department’s Executive Staff, as treasurer. Appeals Rulings The members of the Board inducted were: Scott M. Berman, partner, Friedman Pg. 4 Kaplan Seiler & Adelman LLP; Collin D. NYCLA officers (from left to right): Vice President Barbara Moses, President Elect Stewart Bull, Law Offices of Collin D. Bull; Jeffrey D. Aaron, President James B. Kobak Jr., Treasurer Gail Donoghue and Secretary Susan J. R. Coleman, partner, Hughes Hubbard & Walsh. Meet the Chairs Reed LLP; Sylvia E. Di Pietro, Law Looking Ahead efforts to ensure adequate funding for Offices of Sylvia E. Di Pietro; Hon. Betty In his acceptance speech, Mr. Kobak New York’s indigent defense system, Pg. 8 Weinberg Ellerin, senior counsel, Alston & said, “As part of our strategic plan, we are pledging: Bird and former presiding justice, examining everything about the organiza- I can assure you that NYCLA is not Appellate Division, First Department; tion from top to bottom: our mission and going to sit idly by and allow the Environmental Law Dyan M. Finguerra-DuCharme, counsel, goals and our impact in the community, as inadequate existing situation to get White & Case LLP; Jeffrey M. Kimmel, well as the effectiveness of our communi- worse. We took action on the ques- Committee Wins 2010 partner, Salenger, Sack, Schwartz & cation with our members, the broader com- tion of inadequate rates for assigned Klaus Eppler Award Kimmel, LLP; Stephen C. Lessard, associ- munity and even among ourselves...We are counsel. We filed briefs in the ate, Orrick, Herrington & Sutcliffe LLP; a membership organization and have to Hurrell-Harrell case challenging the Pg. 11 Hon. Joseph Kevin McKay, Acting Justice, demonstrate that we are a resource for systemic inadequacy of indigent Supreme Court, Kings County; Janiece lawyers and judges -- and not just a defense in New York State. Looking TABLE OF Brown Spitzmueller, supervising attorney, resource but an indispensable resource.” ahead, funding for indigent defense New York City Department of Housing Stressing his commitment to maintain is one issue on which NYCLA is CONTENTS Preservation & Development; and Rita W. NYCLA’s advocacy role in public policy never going to stop being feisty. Annual Meeting...... 1 Warner, partner, Warner Partners, P.C. issues, he cited NYCLA’s most recent (See Annual Meeting on page 11) Annual Report ...... 1 MESSAGE FROM ANN B. LESK, PRESIDENT CLE Programs ...... 11 Early Career Attorneys: OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION Client Development ...... 15 Environmental Law Committee Wins Eppler Prize...... 11 Annual Report 2009-2010 Ethics Hotline...... 10 INTRODUCTION This year also saw NYCLA’s Home of Law Events Calendar...... 2 This Annual Report summarizes another year receive a much-needed new roof and related Library Notes...... 10 of achievement for the New York County repairs, so that our landmarked building is now Lunch with a Judge ...... 2 Lawyers’ Association early in its second centu- watertight and fit for another 100 years. Meet the Chairs ...... 8 ry. NYCLA has continued to demonstrate the Member News ...... 2 wisdom of its founders, who created a bar asso- THE HOME OF LAW Message from Director of the ciation that was open to all lawyers. Our 10,000 In August 2009, NYCLA’s 79-year-old members bring many perspectives and a wide Home of Law began undergoing major façade CLE Institute...... 5 variety of backgrounds to today’s legal issues. rehabilitation to protect the integrity of the Message from Dan Jordan, This diversity has helped NYCLA to produce building. The first phase of the work entailed Library Director ...... 4 innovative, practical suggestions – many of replacement of the flat and mansard roofs and Message from Stewart D. Aaron, which are mentioned below – to improve our skylights, pointing and crack repair of the rear President of the legal system and to make our courts more façade, and correction of wall movement on the NYCLA Foundation ...... 3 accessible to all people. NYCLA has responded to the economic down- Vesey Street façade. We are pleased to report NYCLA Foundation...... 3 This has been another challenging year for turn by increasing its pro bono programs, espe- that the building is once again water and weath- NYCLA Announces Victories in the legal profession. Although financial mar- cially in areas such as consumer credit and fore- er tight. Courts of Appeals Ruling ...... 4 closure, and working with other organizations kets rose sharply, unemployment remained The second phase, which includes the instal- Officers’ Profiles ...... 9 high, both in general and among lawyers. that are providing assistance to victims of eco- lation of new rear façade windows and storm nomic pressures. At the same time, NYCLA windows on the Vesey Street façade, will begin Recent Events...... 8 has expanded its assistance to its own members in June and be completed by the end of August. Rule 6.4 of New York Rules of who are suffering from the contraction of the The $2.23 million project will not only pre- Professional Conduct Amended .....3 economy. It has added forums and continuing serve our Cass Gilbert building for the future 2010 Attorneys’ Guide ...... 10 legal education programs that are relevant to but will also enable the Association to continue 2010 New York County current developments. (See Annual Report 2009-2010 on page 6) Criminal Courts Manual...... 10 2 June 2010 / The New York County Lawyer EVENTS CALENDAR Member News Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. Hon. Pam Jackman Brown, who chairs NYCLA’s Ida B. Wells-Barnett Justice Award Committee and is a member of the Judicial Section and Minorities and the NYCLA Civil Court Practice Section and Law Committee, has been named an Acting Justice of the Supreme Court, Queens June mail to: Civil Court Practice Section County, assigned as a matrimonial judge. Dinner, NYCLA, 14 Vesey Street, New The following NYCLA members have been appointed to the Chief Judge’s CIVIL COURT PRACTICE York, NY 10007 Attorney Emeritus Advisory Council, which, with the support of the Feerick Center SECTION’S ANNUAL AWARDS for Social Justice at Fordham Law School, offers advice on how to maximize pro DINNER MATRIMONIAL LAW SECTION’S bono representation by retired lawyers: Catherine A. Christian, former NYCLA Monday, June 14 ANNUAL COCKTAIL PARTY president; John D. Feerick, former Dean, Fordham Law School and former chair, 6:00-9:00 PM – Reception followed by Tuesday, June 15 NYCLA Justice Center; Kathy Hirata Chin, former Board member; William F. dinner 6:00-8:00 PM Kuntz II, former Board member; and Fern Schair, member, NYCLA Task Force Place: New York Athletic Club – 180 Place: Seaman’s Institute, The Top Deck on Judicial Selection. Central Park South – 241 Water Street (Parking is available Honorees: Hon. Jonathan Lippman, across the street.) Glenn Lau-Kee, a former NYCLA Board member and partner at Kee & Lau-Kee Chief Judge of the State of New York; Honoring the three most recently PLLC, and his father, Norman Lau Kee, have received the George Bundy Smith Hon. Sherry Klein Heitler, Administrative appointed New York County matrimonial Pioneer Award from the Commercial and Federal Litigation Section of the New Judge, First Judicial District; Ernie judges: Hon. Matthew F. Cooper, Hon. York State Bar Association in honor of their outstanding record of public service Belzaguy, Esq.; First Deputy Chief Clerk Ellen B. Gesmer and Hon. Deborah and their dedication to providing New York City’s Chinatown community with (retired), New York City Civil Court, Kaplan. exceptional legal services. Citywide Administration; and Joseph Tickets (includes open bar and hors Barry R. Temkin, chair of NYCLA’s Professional Ethics Committee, member Gebbia, Deputy Chief Clerk (retired), d’oeuvres): Members (as of May 31, of the Futures and Derivatives Committee and counsel to Mound Cotton Wollan & New York City Civil Court, Small Claims 2010): $150; Non-members: $220 Greengrass, recently published an article in Defendant, the journal of the Defense Presentation of Awards: Hon. Fern A. Reception Chair: Charlotte C. Lee Association of New York, Inc., entitled "Open Questions on the Duty to Advise of Fisher, Deputy Chief Administrative RSVP (by June 10): Ms. Lee, 212-732- the Right to Select Independent Counsel." Judge for New York City Courts 3366 or email [email protected]. Tickets: $190 per person; $1,900 for a Please make checks payable to NYCLA table of 10 Matrimonial Law Section and mail to: RSVP: Robert Silversmith, Esq. at 212- Charlotte C. Lee, 277 Broadway, Suite 505-2821. Please make checks payable to 100, New York, NY 10007. Perfect Your Pitch Redo your "30-second commercial" and adapt your sales pitch NYCLA to Hold 18th Annual to every new prospect. Learn what's wrong with simply describing the type of law you practice. Most people have canned speeches--leave with a new and interactive version! Lunch With a Judge Program Speaker: Jeremy Rawitz, president of Sales Strategy Corporation and a Sandler trainer, has been a corporate trainer, Summer associates from New York mentor and coach for 15 years. He helps business owners create Jeremy Rawitz law firms are invited to the Home of Law extraordinary results in their businesses through training and coaching. to enjoy lunch and a panel discussion with state and federal judges, offering Date/Time: Tuesday, June 15 - 6:00 PM them a rare opportunity to become better Location: NYCLA Home of Law – 14 Vesey Street acquainted with the bench. The panel dis- FREE and open to NYCLA Members only cussions, to be held on June 10, 17, 29 RSVP: [email protected] (space is limited) and July 6, are designed to give law stu- dents unique judicial perspectives on top- ics of great importance to new lawyers. Lunch with a Judge Registration Form The 2010 Program is chaired by Hon. Helen Freedman, Associate Justice, NYCLA’s 18th Annual Program for Summer Associates Hon. Loretta Preska (top row), Chief Appellate Division, First Department, with Program Chair: Hon. Helen Freedman, Associate Justice, Appellate Division, Judge, Southern District of New York, the assistance of Brett Ward and Daniel First Department, with the assistance of Brett Ward and Daniel Wiig, posed with summer associates at NYCLA’s Wiig, co-chairs of NYCLA’s Young co-chairs of NYCLA’s Young Lawyers’ Section Lawyers’ Section. 17th Annual Lunch with a Judge Program in 2009. June 10 The Road Not Taken Confirmed speakers include: CAREER PATHS Hon. Richard Braun, Justice, Hon. Doris Ling-Cohan, Supreme Court, NYS Supreme Court, New York State 2010 Topics Hon. Paul Crotty, United States District Court Hon. Denny Chin, The Road Not Taken (Career Paths) Second Circuit Court of Appeals How to Avoid Reading about Your June 17 How to Avoid Reading About Your Disbarment in the Law Journal ETHICAL ISSUES FOR YOUNG LAWYERS Disbarment in the Law Journal (Ethical Hon. Paul Crotty, Hon. Denny Chin, Second Circuit Court of Appeals United States District Court Issues for Young Lawyers) Hon. Debra James, Supreme Court, NYS Hon. Bernard Fried, Justice, Law and the Real Order (T.V. Fiction vs. Supreme Court, New York County Reality: Appropriate Courtroom June 29 Law and the Real Order – T.V. Fiction vs. Reality Hon. Debra James, Acting Justice, Behavior) APPROPRIATE COURTROOM BEHAVIOR Supreme Court, New York State To Ask or Not to Ask, What is the Right Hon. Bernard Fried, Supreme Court, NYS Hon. Shirley Kornreich, Justice, Question? (Cross Examining a Hon. Richard Braun, Supreme Court, NYS Supreme Court, New York State Witness) Hon. Doris Ling-Cohan, Justice, July 6 To Ask or Not to Ask, What is the Right Question? Supreme Court, New York State For more information, please contact CROSS EXAMINING A WITNESS Alanna Gluck at [email protected] or Hon. Loretta A. Preska, Chief Judge, United States District Court Hon. Loretta A. Preska, Chief Judge, Hon. Shirley Kornreich, Supreme Court, NYS United States District Court 212-267-6646, ext. 209. PLEASE COMPLETE FORM BELOW TO REGISTER

Firm ______In these hard economic times, NYCLA’s programs have Contact ______provided me with the guidance and confidence I need to start my own law practice. From the seminars and pro- Telephone ______Fax ______grams offered, such as the Practice of Law Series, to the resources provided in the Library, to the member benefits Email______offered to solo and small firms, NYCLA has been invalu- Number of reservations for each program: able to me and its members have served as my mentors. _ June 10_ June 17_ June 29_ July 6 Blueth B. Bromfield-Elliot NYCLA Member since July 2001 Please send each participant’s name, home address, email and law school to NYCLA two weeks prior to each program. June 2010 / The New York County Lawyer 3

NEW YORK COUNTY LAWYER James B. Kobak Jr. President MESSAGE FROM STEWART D. AARON PRESIDENT OF THE NYCLA FOUNDATION Sophia J Gianacoplos Dear Friends: is). But the message I most want to convey sate for the income lost through dues Executive Director is that NYCLA needs your financial sup- waivers and will enable the Association to NYCLA IS WONDERFUL!! For my port, in any amount. continue to have a generous dues waiver Mariana Hogan second letter to you as President of the New The NYCLA Foundation serves as the policy. Chair, Editorial Board York County Lawyers’ Association fundraising arm for NYCLA. Your contri- You can make your contribution online (NYCLA) Foundation, I wanted to start bution to the NYCLA Foundation will be by going to NYCLA’s website at Marilyn J. Flood with something eye-catching. I first thought used by NYCLA towards its building www.nycla.org and clicking on NYCLA Counsel to NYCLA of opening with a discussion of NYCLA’s repairs and costs of operation, which Foundation or by mailing a check payable to Executive Director of the rich history as the first inclusionary bar increase every year. I invite you to join your the NYCLA Foundation to: NYCLA association in New York City. Then, I con- colleagues and fellow members in con- Foundation, 14 Vesey Street, New York, NYCLA Foundation sidered addressing how much NYCLA has tributing to the NYCLA Foundation. With NY 10007. As the Foundation is recog- to offer with its CLE programs, running the a gift of $250 or more, we will send you nized by the IRS as a 501(c)(3) organiza- Anita Aboulafia gamut from “how to” training for newly Brethren and Sisters of the Bar: A tion, your gift is deductible to the extent pro- Editor admitted attorneys to specialized programs Centennial History of the New York County vided by law. Director of Communications for seasoned practitioners. I also contem- Lawyers’ Association. Other special gifts If you have any suggestions for me with plated leading with all the pro bono oppor- are available for large contributions. respect to NYCLA’s fundraising objectives, tunities available at NYCLA that serve the To retain members who are particularly I’d love to hear them. I can be reached at public good and give valuable experience to hard hit in these economic times, NYCLA [email protected]. New York County Lawyer is participating lawyers. Alas, all of that has been granting far more dues waivers Sincerely, published by would have taken up too much space. So, I than in the past. A contribution to the Long Islander Newspapers decided instead on the short and pithy, Foundation earmarked for “Dues Waiver under the auspices of “NYCLA IS WONDERFUL!!,” (which it Relief” will be used by NYCLA to compen- Stewart D. Aaron the New York County Lawyers’ Association. For advertising information, call 631-427-7000. Please join your NYCLA colleagues and fellow members and contribute to the Second Century Fund and to the restora- tion and repair of the Home of Law. Mailing address: 149 Main Street, Huntington, NY 11743. CONTRIBUTION LEVEL

Contribution Designation NYCLA Foundation Gift/Recognition Copyright © 2010 New York County Lawyers’ Association. All rights $100 Member NYCLA Centennial DVD reserved. New York County $250 Friend Autographed Centennial Book Lawyers’ Association grants permis- $500 Partner Limited Edition Print sion for articles and other material $1,000 Fellow Autographed Centennial Book and Limited Edition Print herein or portions thereof to be $2,500 Supporter Autographed Centennial Book, Limited Edition Print and Recognition on Plaque at the Home of Law reproduced and distributed for educa- $5,000 Patron Autographed Centennial Book, Framed Limited Edition Print, Tiffany Crystal Windham tional or professional use through Box and Recognition on Plaque at the Home of Law direct contact with clients, prospec- $15,000 Leader All Patron Gifts and Recognition, Plus a Naming Opportunity at the Home of Law tive clients, professional colleagues and students provided that such use shall not involve any matter for which payment (other than legal fees Plan for the Future: or tuition) is made and provided fur- ther that all reproductions include the Remember NYCLA in Your Will name of the author of the article, the copyright notice(s) included in the Gifts received through wills and estate plans are vital to the much-needed renovations and improvements underway at the landmarked Home of Law and to the success of NYCLA pro bono original publication, and a notice and educational programs and resources for lawyers, including: its Law Library and free access to indicating the name and date of the information sources, discounted CLE programs, committees open to all members, professional Association publication from which ethics programs and hot-line resources, and activities for lawyers in transition. the reprint is made. Subscription rate: A planned gift makes a lasting contribution to the future of the Home of Law and NYCLA’s serv- $10.00 per year for non-members ices for lawyers and the public. Please consider NYCLA in your will or estate plan.

For more information, please email the Foundation’s Executive Director, Marilyn J. Flood, at New York County Lawyer is published [email protected] or call her at 212-267-6646, ext. 222. monthly (except January and August) for $10 per year by New York County Lawyers’ Association, 14 Vesey Street, New York, NY 10007. Periodicals postage Rule 6.4 of the New York Rules of Professional paid is mailed at New York, NY and addi- tional mailing offices. POSTMASTER: Send address changes to: New York County Conduct Amended Lawyer, 14 Vesey Street, New York, NY 10007-2992. By Lewis F. Tesser involved in reform of the law or its scope of participation in such activi- administration, notwithstanding that ties, a lawyer should be mindful of USPS #022-995 On May 4, 2010, the Appellate Division the reform may affect the interests of a obligations to clients under other ISSN: 1558-5786 amended Rule 6.4 of the Rules of client of the lawyer. When the lawyer Rules, particularly Rule 1.7. Professional Conduct. The amendment is knows that the interests of a client may The New York Rules of Professional $10.00 of membership dues is deducted for intended to address concerns raised by the be materially benefitted by a decision Conduct, amended on May 4, 2010 to a one-year subscription to the New York organized bar concerning requiring client in which the lawyer actively partici- reflect this change, are available on County Lawyer. notification of a lawyer's participation in pates, the lawyer shall disclose that NYCLA’s website. Visit www.nycla.org law-related activities that might have an fact to the organization, but need not and click on Ethics on the left-hand col- Photo Credits adverse effect on the client. As amended, identify the client. When the lawyer umn. Rule 6.4 now reads as follows (deletions knows that the interests of a client may Anita Aboulafia indicated by strikethrough, additions indi- be adversely affected by a decision in Mr. Tesser, a partner at Tesser, Ryan Patrick DeLince cated by underlining): which the lawyer actively participates, & Rochman LLP, is the director of Alanna Gluck A lawyer may serve as a director, the lawyer shall disclose that fact to the NYCLA’s Ethics Institute and co-chair Chris Risley officer or member of an organization client. In determining the nature and of the CLE Committee. 4 June 2010 / The New York County Lawyer NYCLA Announces Victory in Court of Appeals Ruling On May 6, the New York Court of that command our present concern…. The Harring, NYCLA joined with other bar under Gideon, the U.S. Supreme Court’s Appeals reinstated a civil suit, ruling that absence of representation at critical stages associations and law professors in support landmark 1963 decision guaranteeing the indigent defendants denied their constitu- is capable of causing grave and irrepara- of indigent defense reform litigation in fil- right to counsel for all. Even the judges tional right to counsel do not have to first ble injury to persons who will not be con- ing an amicus brief, whose principal who dissented cited the “inadequacies” of be convicted before seeking to vindicate victed.” author was Susan J. Walsh, NYCLA sec- the criminal legal services system. that right. In its ruling on the case, Since its founding 102 years ago, retary. Referring to the complaint, the Court’s Hurrell-Harring, et al. v. New York, NYCLA’s bedrock principles have In its 4-3 decision, the Court of Appeals ruling stated: brought by the New York Civil Liberties included promoting the administration of concluded that the plaintiffs had suffi- [T}en of the 20 plaintiffs -- two from Union, the Court concluded, “Wrongful justice and reforms in the law and ensur- ciently pled the “constructive denial” of Washington, two from Onondaga, two convictions … are not the only injustices ing access to justice for all. In Hurrell- their constitutional right to representation (See Court of Appeals Ruling on page 11) NYCLA Announces Victories in Two Cases Involving Partners in Same-Sex Couples Court of Appeals Rules in Favor of Former Same-Sex Partner Seeking Child Support By S. Scott Roehm welcomes the decision. indisputably has jurisdiction to determine including families of same-sex couples By a vote of 4-3, the Court of Appeals in whether an individual parent – regardless and non-traditional families formed by In a closely watched case, the New York H.M. v. E.T. reversed an earlier Appellate of gender – is responsible for the support non-biological, non-adoptive parents, Court of Appeals recently decided that a Division ruling that because H.M. and E.T. of a child.” should enjoy the same rights and protec- lesbian who gave birth while in a commit- are both women – and only for that reason In its brief, NYCLA urged the Court not tions under the law. The Court’s decision ted relationship is entitled to seek child – Family Court lacked jurisdiction to hear to close Family Court’s doors to a growing is a positive step toward achieving that support in family court from her former H.M.’s support petition. Pointing to pub- class of needy children and their parents end. partner. NYCLA, represented pro bono by lic policy in favor of obligating all indi- based solely on the parties’ Orrick, Herrington & Sutcliffe LLP, par- viduals to provide support for their chil- gender. NYCLA did so in support of its Mr. Roehm is a pro bono fellow at ticipated in the case as amicus curiae and dren, the Court held that “Family Court belief that all families in New York, Orrick, Herrington & Sutcliffe LLP. Court of Appeals Decision Expands Rights of Non-Biological Same-Sex Parents By Susan Sommer The Court ruled that "New York will rec- qualifies as a parent. The recent decision formally adopt their child and they met with ognize parentage created by a civil union in adds one more category of parent, those in an adoption lawyer prior to their son's birth. The New York Court of Appeals ruled Vermont." Marriages of same-sex couples an out-of-state legally recognized relation- But when it came time for the second-parent that Debra H., a non-biological mother rep- are not available in New York, but the state ship with a child's biological parent, but adoption, Janice, who is an attorney, advised resented by Lambda Legal, is a legal parent recognizes unions performed in other juris- does not go far enough. Debra "as a lawyer" that they didn't need to and can seek custody and visitation from her dictions. The decision in Debra H. v. Janice Although this is a terrific outcome for get the courts involved and Debra would former partner, Janice R. Prior to the birth of R allows Debra to go to trial court and seek Debra H., it does not solve the dilemma for always be the boy's parent. When the cou- their son, the couple had entered into a civil custody and visitation, as well as provide many New York children. People should not ple's relationship ended in 2006, Debra con- union in Vermont, where both partners are her son, now six and a half years old, with have to travel out of state to establish their tinued to parent her son, who moved with recognized as legal parents of a child born in financial support. Unfortunately, however, a legal relationship with their children. The Janice into an apartment only a block away. the relationship. NYCLA was among the majority of the court stopped short of over- New York Legislature should follow the In May 2008, Janice abruptly refused bar associations, family law professors and ruling its 1991 decision in Alison D. v. lead taken by many other states and pass Debra any further contact with the boy. child welfare entities that joined in the filing Virginia M., which held that only a person legislation clarifying children's legal rela- Debra filed for emergency joint custody and of an amicus brief in the case. related by biology or adoption to a child tionships with both their intended parents, restoration of parental access. The trial court regardless whether the parents have entered ordered interim regular ongoing visitation into a marriage or civil union. and allowed Debra's petition to proceed to a Debra and Janice had agreed to raise a hearing. When Janice appealed, Lambda DUFFY & POSILLICO AGENCY INC. family together in a two-parent household Legal entered the case in early 2009 on and conceived their son using in vitro fertil- Debra's behalf. Court Bond Specialists ization. Debra was by Janice's side through- The decision, in which all seven Court of BONDS * BONDS * BONDS * BONDS out labor and delivery and cut their son's Appeals judges concurred, expands the umbilical cord; her last name was included rights of non-biological same-sex parents. Administration • Appeal • Executor • Guardianship in their son's name on his birth certificate. In the years that followed, Debra gave him the Ms. Sommer is Director of Injunction • Conservator • Lost Instrument nurture and care of a mother. Constitutional Litigation at Lambda Stay • Mechanic’s Lien • Plaintiff & Defendant’s Janice had promised that Debra would Legal. Bonds Serving Attorneys since 1975 Complete Bonding Facilities MESSAGE FROM DAN JORDAN IMMEDIATE SERVICE! LIBRARY DIRECTOR During the months of June, July and August, new windows and storm windows 1-800-841-8879 FAX: 516-741-6311 will be installed at the Home of Law. This will affect the operations of the NYCLA 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) Library as new windows will be installed in the North Reading Room and balcony NYC Location: 108 Greenwich Street, New York, NY 10006 in June and storm windows will be added in the South Reading Room later in the renovation. The NYCLA Library will continue serving members during the renovation, though some rooms will not be open to patrons on certain days. Staff will be able to retrieve materials as needed. As the schedule of renovations becomes available, Diana C. Gianturco information will be posted in the Library, online and in NYCLA’s electronic newsletters. Every effort will be made to maintain all services during this renova- ATTORNEY AT LAW tion. If you have any questions about NYCLA Library Services, please contact me at [email protected] or call 212-267-6646, ext. 201. P.O. BOX 419 Requests for reference assistance can be sent to [email protected]. LONG BEACH, NY 11561 Tel: 888-805-8282 Fax: 516-706-1275 Text: 321-480-1678 Coming Up NYCLA’s Criminal Justice Section will soon announce its annual Public Service APPEARANCES IN Fellowship Essay Competition. Newly admitted public sector attorneys (practicing QUEENS COUNTY up to seven years) in the field of criminal justice who carry more than $30,000 in educational debt are invited to compete. Information about this year’s essay topic E-mail: [email protected] will be in the July/August issue of New York County Lawyer. June 2010 / The New York County Lawyer 5 MESSAGE FROM BARI CHASE DIRECTOR, CLE INSTITUTE Summer at the CLE Institute The New York Center for Neuropsychology This summer, the CLE Institute will be at NYCLA during the summer, space is offering both live and Video Replay pro- limited so register early to ensure your grams. place at this very popular program. & Forensic Behavioral Science On June 9, we present Understanding Program Chair Mark Rosen will pres- the Tax Provisions of the Health Care ent the fifth program in his series that Reform Legislation and HIRE Act. Our takes an in-depth look at practice in the expert panelists will guide the non-tax federal criminal system, From Dr. N.G. Berrill, Director specialist through the changes made by Sentencing to Appeal in the Federal the Health Care Reform and HIRE Act, Criminal System on June 28. A panel of explaining the ramifications of the law experts will discuss the issues relevant to and helping to make the choices faced by appealing a conviction in the federal crim- your clients more manageable. NYCLA’s inal system. Learn who is entitled to a Ethics Institute will co-sponsor direct appeal, what issues can be raised, [ Over 20 Years \ Confronting Ethical Issues in where and when to file Insurance Practice on June 17. Using a and the typical barriers to appeal. series of hypotheticals, a panel of experts will discuss the ethical issues confronted Save the Date: The next Bridge the by attorneys engaged in the day-to-day Gap 1 will be held on July 20 and 27 Providing Consultation to Attorneys practice of insurance law. The issues will while Bridge the Gap 2 will be on be discussed from the point of view of August 10 and 17. These two full-day pro- & the Courts on Psycho-legal Matters insurance specialists, as well as from the grams will satisfy the first- or second-year vantage point of a leading ethicist. These MCLE credit requirements. NOTE: Due issues are of even greater importance in to construction at NYCLA this summer, light of the new New York Rules of both programs will be held at the • Criminal Cases: Competency Issues, Criminal Professional Conduct, which became Bloomberg LLP headquarters, 731 th effective on April 1, 2009. On June 21, Lexington Avenue at 59 Street. Consult Responsibility, Extreme Emotional Disturbance, Risk NYCLA’s Immigration and Nationality our website at www.nycla.org for topics Law Committee will co-sponsor a pro- to be covered, faculty and registration Assessment, Sex Offender Workups & Dispositional gram discussing the Latest options. Developments in Obtaining H-1B Visas Be sure to check our website at Planning for Professionals in “Specialty www.nycla.org for a complete listing of Occupations.” Review the updated forms programs in our Summer Video Replay and find out how the most recent changes Series. NOTE: Only “experienced” attor- could affect your clients. neys may receive CLE credit for attending • Matrimonial & Family Court Cases: NYCLA’s Federal Courts Committee Video Replay programs. will once again co-sponsor Winning Custody/Visitation, Neglect/Abuse, Termination, Cases in Federal Court on June 30 and NYCLA’s CLE Institute Now an July 7. Program Chairs Hon. Paul A. Accredited Provider in New Jersey Delinquency, Family Violence, & Adoptions Crotty, S.D.N.Y., and Joel Silverstein, The New York County Lawyers' Stern & Kilcullen, LLC, have assembled Association’s CLE Institute is currently an unparalleled panel of experts to explore certified as an Accredited Provider of con- the latest issues involved in practice in tinuing legal education in the State New • Civil Cases: Competency Issues, Head Trauma, federal court. NOTE: Due to construction (See Message From Bari Chase on page 11) Sexual Harassment, Discrimination, Immigration, & Post-Traumatic Stress Disorders

Comprehensive Diagnostic & Treatment Services

26 Court Street, Suite 912, Brooklyn, NY 11242 718-237-2127

&

45 North Station Plaza, Suite 404, Great Neck, NY 11021 516-504-0018

WWW.NYFORENSIC.COM 6 June 2010 / The New York County Lawyer

With over 75 NYCLA programs currently non-members, potential funders and the public Annual Report 2009-2010 being offered, the CLE Institute is raising the at large. The Department promotes public visibility of its excellent content and exception- forums, lectures, special events, pro bono pro- (Continued from page 1) al roster of speakers. The outstanding advice, grams, public policy initiatives and newly to offer programs and services in a more com- knowledge, guidance and skills presented by issued ethics opinions, which continue to pio- fortable setting. We are grateful to the our unsurpassed faculty from the bench, bar, neer tangible reforms in our system of justice. House/Facilities Committee’s past chair, Rhea government agencies, academia and the corpo- Kemble Dignam, and current chair, Carol A. rate sector are now available to audiences Publicity Sigmond, in addition to the committee mem- throughout New York State, the United States These programs and initiatives have gar- bers, for tirelessly managing this very complex and even the world. nered excellent media coverage. More than 80 project. articles appeared in law-related and consumer To finance the repairs to the Home of Law, Audio Reference Library for Experienced publications over the past 12 months – from the NYCLA Foundation undertook a Attorneys front-page articles and photos in the New York Centennial Capital Campaign, announced at the The Institute continued to expand and Law Journal to articles and calendar listings in Annual Meeting in 2005. By the end of 2008, enhance its DVD/CD Audio Reference Library. the Downtown News, Gotham Gazette, the Campaign had yielded over $1.6 million More than 50 programs are currently available Brooklyn Daily Eagle and in such cutting-edge through the generosity of firms, the NYCLA Pictured from left to right: Bruce A. Green, in digital format and contain several new fea- social media as Above The Law and many other and Foundation Boards and NYCLA members. Randy Cohen and Lewis F. Tesser. tures – PDF versions of the course materials, blogs. The two Facebook pages, NYCLA’s The building needs more work to replace its copies of PowerPoint slides inserted in the newest media outlets, are used to publicize aged elevator, improve access for persons with Whitney Museum), galleries and auction hous- DVD versions of the programs, expanded menu events, programs and public policy initiatives. disabilities and increase bathroom facilities. To es (including Sotheby’s), trade publications choices and professional music and titles. Over the past year, attendance for the fund these repairs, the Foundation will contin- (The Art Loss Register), appraisers and insur- NYCLA’s DVD/CD Audio course packages Association’s lectures, public fora, award pre- ue to seek firm and individual contributions, as ance companies (JEMKroll Holdings LLC). have also been revised and updated, allowing sentations, book signings and receptions has well as government and foundation grants. We Over 200 people attended seven discussions, a experienced practitioners to meet all of their bi- been exceptionally high. thank the legal community and our members keynote address by New York State Assembly annual MCLE credit requirements in General for responding to the Foundation’s call to sup- Member Daniel J. O’Donnell discussing New Practice, Intellectual Property Law, Real New York County Lawyer port the Second Century Campaign and encour- York State and the arts and a cocktail reception Estate, Art Law, Federal Criminal Practice, The New York County Lawyer, NYCLA’s age those who enjoy the Home of Law to con- held at the Gagosian Gallery, where NYCLA’s Civil Practice, Estate Planning/Wills and print newspaper published 10 times a year, pro- sider a donation or an additional gift, if you Entertainment, Media, Intellectual Property Trusts, and Ethics. motes the Association’s events, public policy have already contributed. and Sports Law (EMIPS) Section presented work, CLE Institute and members’ activities. It the EMIPS Award to Ambassador Stuart E. Pilot Mentoring Program Established also provides extensive coverage of member- CONTINUING LEGAL EDUCATION Eizenstat. For the last several years, NYCLA’s Task ship events and benefits, and features profiles (CLE) INSTITUTE Force on Professionalism studied ways that of board members and committee/section lead- Educating and Training Attorneys Ethics Institute legal proficiency and professionalism could be ers, information about career-development The CLE Institute continued to educate and After a successful launch in 2008, the Ethics improved. Interviews and focus groups were workshops and myriad articles of topical inter- train attorneys in law practice management, Institute continued to thrive this year, especial- held at large, mid-size and small firms. A key est. There has been an increase in the number of ethics and professionalism, professional prac- ly in light of the adoption of the new New York theme that emerged from the interviews and members who have contributed articles related tice and skills. Many new programs were Rules of Professional Conduct, which became focus groups was the need for mentoring of to their practice areas. In addition, during this developed to keep pace with the changing effective April 1, 2009. Not only did the young attorneys as the best way to increase pro- past year, the newspaper has featured special needs of the legal profession, especially in light Institute offer programs aimed at easing the fessionalism among lawyers and increase their theme issues – Benefits of NYCLA of the stagnant economy. Programs were transition of New York lawyers from the old job satisfaction. To that end, the Task Force Membership, Pro Bono Programs and Criminal offered at different times to fit into the sched- Code provisions to the new Rules, but a sub- and NYCLA’s CLE Institute developed a Pilot Justice. The Department will continue to add ules of busy practitioners - during the evening, group of the Board of Advisors of the Ethics Mentoring Program, a one-year program com- content of interest to our readership. in the morning and even on weekends. Courses Institute became the editors of Oxford bining formal training with individual access to ran the gamut from updates on changes in the University Press’s new publication, The New mentors for questions, consultations and NYCLA E-News law, to skill building and professional develop- York Rules of Professional Conduct: Practice advice. NYCLA Mentoring Program Board The semi-monthly electronic newsletter, ment, to advanced programs in specific practice and Procedure, to be published this summer. Members – Hon. Laura Ward, Lewis F. Tesser, NYCLA E-News, continues to provide members areas, in addition to courses tailored to recent Lewis F. Tesser, chair of the Ethics Institute, Madeleine Giansanti Cag, Nancy Morisseau and non-members with information concerning graduates, newly admitted attorneys and pro- serves as editor-in-chief, Bari Chase, director and Bari Chase – conducted an extensive vet- law-related news items, upcoming events, CLE fessionals seeking an overview of a particular of the CLE Institute, is editorial director, ting process to select the initial mentees, as programs, member benefits and downtown area of the law. An unparalleled roster of Wallace L. Larson Jr. is executive editor, well as solicited prominent members of the resources. Thanks to a software upgrade in experts from the bench, bar, government, aca- Michael S. Ross is editorial consultant, Hon. legal community to serve as mentors. Jim January, the publication now contains photos demia and related disciplines taught the pro- Gerald Lebovits and Edwin David Robertson Kobak serves as a special advisor to the men- and graphics. grams, offering their insights, knowledge, tac- are contributing editors and Carol Buckler and toring pilot program and advisory board. It is We appreciate the members of the tics and guidance to attendees. James B. Kobak Jr. are editorial advisors. Rule anticipated that if the pilot program proves suc- Communications Committee and its chair, editors include: Andral Bratton, Janessa cessful, it will be expanded to the full member- Mariana Hogan, for their wise counsel and Extensive Selection of Live Programs Bernstein, Gordon Eng, Robert Fettman, Bruce ship in 2011. A special thank you to the men- guidance throughout the year. Programs were offered in both substantive A. Green, Sarah Jo Hamilton, John R. Horan, tors who have devoted so much time and effort law and skill building. While some programs Devika Kewalramani, Wallace L. Larson Jr., to the project: Hon. Lois Bloom, Collin D. Bull, MEMBERSHIP focused on new developments in specific prac- Richard M. Maltz, Sarah Diane McShea, Hon. Stephen Crane, Hon. Louis Crespo, At the time of NYCLA’s founding in 1908 tice areas, such as The New New York Power of Ronald C. Minkoff, Martin Minkowitz, Sylvia Di Pietro, Sarah Jo Hamilton, Hillary and for many years thereafter, NYCLA was the Attorney and New Developments in the Federal Deborah A. Scalise, Barry R. Temkin, Ellen Hughes, Robert Kelner, Charlotte Lee, Olivera only bar association in Manhattan open to Rules of Civil Procedure and Evidence 2009- Yaroshefsky and Carol L. Ziegler. Medenica, Murray Schwartz, Carol A. lawyers regardless of ethnicity, religion, gender 2010, others explored new areas of the law, The Institute continued to offer monthly sub- Sigmond and Hon. George Bundy Smith. and race. Today, NYCLA’s membership such as Bedbugs: A Property Owners’ Liability stantive law CLE programs on diverse topics, NYCLA thanks the CLE Committee and its remains richly diverse and includes over Nightmare and Understanding Renewable each one with a strong ethics component co-chairs, Hon. Stephen G. Crane and Lewis F. 10,000 experienced and new attorneys in large Portfolio Standards: The Impact to the Energy emphasizing how to deal with the ethical ques- Tesser, and the Board of Advisors of the Ethics firms, corporations and the public sector, solo Industry. The CLE Institute partnered with tions arising in different practice areas. Institute for their invaluable support and guid- and small-firm practitioners, academics, judges other organizations to develop programs in spe- Programs offered by the Ethics Institute have ance throughout the year. and law students. cialty areas, such as the Federal Criminal included: Confronting Ethical Issues in Trusts Practice Institute (co-sponsored by the Federal and Estates Law, From Holiday Cheers to COMMUNICATIONS Member Benefits Program Bar Council). Among the programs developed Lawyers’ Fears: How to Avoid Ethical Pitfalls The Communications Department main- The Association is firmly committed to at the Holiday Party, Intellectual Property and to assist lawyers in honing both their legal and tained its focus on communicating to members, (See Annual Report 2009-2010 on page 7) business skills and in dealing with the econom- Ethics, Preparing or Coaching the Witness: ic downturn were: Lawyering Skills for the 21st Where Is the Ethical Line? and Ethical Issues Century, Representing the Professional Client, in Real Estate and Construction Law. The How to Ethically Manage a Law Practice and Institute also conducted a special panel discus- Drafting Basic Legal Correspondence. sion in October, Shysters, Sharks and Saviors: The CLE Institute also sought to capitalize Are Legal Ethics Immoral? Lewis F. Tesser, on topical news events by offering Roberts v. moderated the provocative discussion between Tishman Speyer: Ramifications for Tenants, Bruce A. Green, Louis Stein Professor, Landlords, Developers and Investors and Fordham University School of Law, and Randy Direct From the Headlines: From Verdict to Cohen, “The Ethicist” columnist of The New Sentencing in the Federal Criminal System. York Times Magazine. The Institute also offered video replays of some of our most popular courses, such as the Civil CLE Programs Available Online Trial Practice Institute, to allow attorneys to at Lawline.com view programs that they were not able to attend NYCLA’s CLE Institute renewed its strate- in person. gic partnership with Lawline.com, a leading In addition, our seminal program, Art distributor of online CLE content, to stream Litigation and Dispute Resolution Institute (co- many of its high-quality video lectures online. chaired by Hon. Stephen G. Crane and Attorneys can access selected programs from Raymond J. Dowd), once again was a sold-out NYCLA’s CLE Institute and fulfill their MCLE At the 2009 Public Service Awards Reception, Guest Speaker Hon. Luis A. Gonzalez (third success. The Art Law program, sponsored by requirements at the time and place most con- from left), Presiding Justice, Appellate Division, First Department, posed with (from left to the Gagosian Gallery, was a full-day seminar venient for them – on the web, an iPod or MP3 right): Seymour James Jr., attorney-in-charge, Criminal Division, The Legal Aid Society; bringing together an expert faculty drawn from player. Merging the CLE Institute’s superior NYCLA President Elect James B. Kobak Jr.; Criminal Justice Public Service Fellowship the bench, bar, museums (including the content with Lawline’s user-friendly technolo- Awardees Justin Braun and Shilpy Goswami; and Public Service Awards Committee Chair gy has proven to be an effective combination. and Immediate Past President Catherine A. Christian. June 2010 / The New York County Lawyer 7

cases. In response to this crisis, in January NYCLA members visiting the Library during Annual Report 2009-2010 2010, NYCLA and the Civil Court in New that time, more than one-third had been admit- COMPLIMENTARY York County launched a Volunteer Lawyer ted to practice since 2000. These new lawyers (Continued from page 6) for the Day Consumer Credit Project. The were responsible for over 40 percent of the enhancing the value of membership and pro- project provides free consultations to self-rep- visits. ESTATE vides an extensive array of services and bene- resented litigants in Civil Court consumer The Library’s patron computer network con- fits. The retail benefits program offers many cases who are representing themselves. Since tinues to be heavily used for research sessions. ADMINISTRATION discounts and group ticket sales afford mem- the project’s launch, more than 100 litigants Capacity is adequate at present so it is rare that bers an opportunity to attend numerous cultur- have been assisted. Moreover, the Manhattan a user has to wait for a terminal unless a CLE al and sporting events at reduced rates. CLARO (Civil Legal Advice and Resource training session is in progress. NYCLA mem- SERVICES Office) Project is responding to the over- bers requesting wireless access in the Library Membership Department’s Response to whelming needs of unrepresented debtors sued have also been on the rise. Complimentary: Economic Woes by their creditors in New York Civil Court by The Library Director continues the “Take-a- • Estate Valuations for 706 Schedule B Membership added many resources to assist advising them on self-representation strategies. Look” program to attract new members by • Security Transfers/ members hurt by the unprecedented changes in The Legal Counseling Project, NYCLA’s showcasing the Library to non-members. On our economy, organizing constructive pro- oldest and most popular volunteer opportunity, request, new and more senior NYCLA mem- Consolidation of Assets grams, such as How to Market Your Practice provides free weekly counseling to individuals bers are given extra attention and a tour to
Upon receipt of a list of all items in Successfully in the Great Recession. In addition in the areas of family, employment, consumer familiarize them with the available resources. the estate, we will provide a 706 to our many free and discounted services, like bankruptcy and landlord/tenant law. Lay Likewise, specialized tours have been given to Schedule B Ready Valuation within online job postings and free access to online guardians who managed low- or no-asset cases some committees. 3 business days research, NYCLA also offers dues waivers and received assistance in filing initial, annual and Special collections include Records and
free use of conference rooms. final accountings through our Article 81 Briefs from the New York Court of Appeals We will contact transfer agents, Guardianship Project. The Elder Law and four Appellate Divisions, a rich collection dividend reinvestment plans, Member Programs Project held a well-attended forum that pro- of administrative materials and earlier versions financial institutions, etc. and The Association has welcomed new mem- vided advice on the preparation of basic estate- of provisions from the NYCRR, cases, statutes provide you with a list of bers to the Home of Law with Meet and Greet planning documents. At the end of the presen- (current and superseded), Keycite/Shepards documentation required to deposit Receptions, where they have the opportunity to tation, volunteer attorneys were available to searches, law review articles, expert witness meet committee and section chairs and learn help with the execution of health care proxies and verdict background research, asset/people- and consolidate all assets to about the benefits of committee participation. and living wills. Project Restore continued to finder searches and New York Law Journal ref- one professionally managed New members enjoyed a champagne toast to successfully represent previously incarcerated erences. Income from fee-based services off- estate account the New Year in January, a Cinco de Mayo individuals challenging denials of employment sets some of the costs of maintaining the Leverage your Time & Streamline Reception in May, an Oktoberfest Beer Tasting licenses. The Uncontested Divorce Project Library while providing needed services to in October and expanded social networking provided help to low-income individuals in members and the wider bar. Library service your Trust and Estate Practice opportunities this year with a popular Karaoke obtaining divorces. requests came, for the most part, from New by Outsourcing to Us Spring Fling. The Membership Department With the support of dedicated volunteer York attorneys and law firm libraries, with repeated its informative Enhancing Your attorneys, NYCLA’s pro bono programs pro- some from out of state and Europe. Professional Networking Skills professional vided assistance to over 1,000 individuals this Bloomberg Professional, Westlaw, Lexis development program and expanded its spon- past year and the Association is grateful to each and the Bankruptcy Court continue to offer sorship of innovative programs, like the 12-part volunteer. CLE programs in the Library, with registra- Practice of Law series. In the summer of 2009, As the communities served and the legal tions filling up faster than ever. we hosted the 17th annual Lunch with a Judge needs of those living in them change, NYCLA The Library catalog, at www.nycla.org, Series, chaired by Hon. Karla Moskowitz, will continue to redefine and revise programs enables attorneys to view current Library hold- Serving the Trust & Estate Community Associate Justice, Appellate Division, First to meet those needs. This cannot be done with- ings from any computer, anywhere and any- for 28 Years Department, providing summer interns with an out the support of the extraordinarily commit- time. The Library Director regularly advises 400 Columbus Avenue opportunity to hear unique judicial perspec- ted group of members on the Pro Bono members on accessing legal research materials tives on topics of importance to new lawyers, Committee. I would like to acknowledge their remotely. Valhalla, NY 10595 such as career paths, ethical issues and appro- tireless work and especially thank its chair, The Library continues to review resources (914) 741-9700 www.yvarstrustservices.com priate courtroom behavior. Plans are underway Lisa E. Cleary. (See Annual Report 2009-2010 on page 12) for the 2010 Series, chaired by Hon. Helen Freedman, Associate Justice, Appellate Part 137 Attorney-Client Fee Dispute Division, First Department, and chair of Program NYCLA’s Judicial Section. In its seventh year of operation, the Part 137 NYCLA has continued to cultivate its rela- Attorney-Client Fee Dispute Program has con- tionships with law schools throughout the tinued to ensure that attorneys and clients have metropolitan area. In an effort to develop col- an informal and expeditious way of resolving laborative programming to bring law students fee disputes through arbitration or mediation. into the organized bar, NYCLA enhanced its This past year, NYCLA received 305 requests honorary student co-chair pilot project with for arbitration and closed 284 cases. The suc- New York Law School, which is designed to cess of the Program is a tribute to the volunteer engage law students in committee work. arbitrators and mediators. Members of the Membership developed and produced an Joint Committee on Fee Disputes and array of special programs for younger mem- Conciliation look forward to working with the bers, including Managing Your Law School new committee chair, James E. Daniels. Debt, Deconstructing the Bar Exam and Transitioning from Classes to Clients. Hon. Luis A. Gonzales, Presiding Justice RESEARCH AND TECHNOLOGY of the Appellate Division, First Department, As NYCLA enters its second century, the Library continues to serve members as the was the guest speaker at our 2009 Public st Service Awards Reception, at which attor- “lawyers’ toolbox” for the 21 century. The neys in the public sector were honored and Library has embraced the digital era and added the 2009 Criminal Justice Public Service strength to its online offerings. In addition to Fellowships were awarded. free access to Lexis, Westlaw and Bloomberg Since last year, NYCLA’s Membership Professional (B-Law), the Library now offers Department increased its member benefits, members access to many other databases offered a vast array of new programs and provid- including Loislaw, Congressional Universe, ed new services. Thank you to the Membership Legaltrac, Indexmaster, State Capital Universe Committee and its chair, Hon. Louis Crespo, for and scores of non-legal databases. their invaluable support and dedication. Each day, seasoned and young lawyers, paralegals and law students visit the NYCLA PRO BONO Library and use its resources – print, electronic NYCLA’s founding mission articulates a and microform – assembled over the last centu- commitment to assuring access to justice for ry. Some NYCLA members visit several times the poor and disadvantaged whose legal needs a week while others just drop in once a month. involve core concerns like housing, family The highly experienced and trained staff offer issues, access to benefits and employment. assistance to patrons in the efficient and effec- This commitment comes from our tradition of tive use of Library resources. Other members public service. For more than 20 years, email, fax or phone in requests for assistance NYCLA has been providing legal assistance to and avail themselves of the Library’s fee-based individuals who have nowhere else to turn. services. Funding from the IOLA Fund has helped Library Usage and Holdings NYCLA fulfill its mission of providing free Annual patron visits to the Library increased legal services to low-income individuals. 9 percent in 2009 over the previous year. This The sharp downturn in the economy has occurred despite the noise of construction for a resulted in consumer debt cases overwhelming new roof and pointing, repairing and cleaning court dockets, with the number of pro se defen- of the building’s façade. dants doubling over the last five years. In fact, In January 2010, the Library took a census, the New York City Civil Court has reported which revealed 369 unique patrons had made that these cases now exceed landlord/tenant 920 visits to the Library that month. Of the 8 June 2010 / The New York County Lawyer Meet The Chairs

We are continuing our series of profiling newly Committee Plans Exchange Commission's Division of Investment appointed committee and section chairs, co-chairs and Sharing his thoughts about the Committee’s plans, Mr. Management. vice chairs. Here are profiles of four new committee and Kresky said, “In this politically engaged time, election Prior to his appointment as co-chair of the Young section chairs and co-chairs. law issues are very much on the front burner. In England, Lawyers' Section, Mr. Wiig chaired its Subcommittee on a subject of the recent post-election negotiations between the Judiciary, where he organized the Section's success- Harry Kresky the Conservative and Liberal-Democratic parties was ful "In Chambers" Program. In addition to his service to Law Office of Harry Kresky changing to a system of proportional representation. Here NYCLA, Mr. Wiig serves as chair of the Judge Chair, Election Law Committee in the U.S., the conduct of party primaries, the Electoral Recruiting Team for the National Moot Competition , Harry Kresky currently a private College, campaign finance regulation, election adminis- sponsored by the City Bar's Young Lawyers’ practitioner, has represented inde- tration and new ways of registering and voting are all Committee. Additionally, he is a member of the pendent voters, candidates and par- under scrutiny by the courts, legislatures and voters. The Commercial Division Committee of the New York State ties for the past 30 years, as well as Election Law Committee can be a significant voice in Bar's Commercial and Federal Litigation Section. He insurgents seeking ballot access in these dialogues.” wrote an article for the spring 2007 issue of the Fordham major party primaries. Mr. Kresky Journal of Corporate and Financial Law, titled "U.C.C. Daniel K. Wiig was appointed by Mayor Michael Article 2 Warranties and Internet-Based Transactions: Mintz & Gold LLP, Associate Bloomberg to serve on the 2002 New Do the Article 2 Warranties Sufficiently Protect Co-Chair, Young Lawyers’ Section York City Charter Commission. He Internet-Based Transactions With Unprofessional has served as counsel to the New Daniel K. Wiig is an associate at Internet Merchants?” York State Independence Party and now represents the Mintz & Gold LLP, where his prac- Mr. Wiig received a B.A., cum laude from St. John's party’s New York City organizations. He chairs the Ballot tice focuses primarily on commer- University and an MBA from Fordham University. He is Access Subcommittee of New York City Bar’s Election cial litigation. He began his legal a cum laude graduate of Brooklyn Law School, where he Law Committee. career as the Commercial Division was a Fellow of the Center for the Study of International Mr. Kresky has written extensively on election reform law clerk to Hon. Richard B. Lowe Business Law. issues. An op-ed he authored in support of open primaries III, New York State Supreme Court, recently appeared in the Sacramento Bee. He currently Commercial Division. He then Section Plans represents 11 non-aligned voters in federal litigation served as law clerk to Hon. Eileen “In addition to its sponsorship of the "In Chambers" defending Idaho’s open primary system. He serves as Bransten, also in the Commercial Program,” Mr. Wiig explained, “the Young Lawyers' counsel to independentvoting.org. In 2007-2008, he Division. Previously, while attending evening law Section plans to sponsor several new programs, including teamed up with attorneys from Holland and Knight to pre- school, he was the law clerk for the General Counsel's "In Practice," which will bring together practice leaders vent the destruction of the historic St. Brigid’s Church in Office of Ernst & Young LLP. Prior to his legal career, with young lawyers, social networking events and an out- Manhattan’s East Village. Dan worked in project management and client relations reach to local area law students.” Harry Kresky is a graduate of Columbia Law School, at Thomson Financial (now Thomson Reuters) and was where he served as an editor of the Columbia Law Review. a compliance examiner for the U.S. Securities and (See Meet The Chairs on page 15) RECENT EVENTS Supreme Court Committee’s Law Day Luncheon On April 23, NYCLA’s Supreme Court Committee hosted its annual Law Day Luncheon at Cipriani Wall Street and presented the Louis J. Capozzoli Gavel Award to Hon. Carmen Beauchamp Ciparick (pictured, fourth from left), Senior Associate Judge, New York State Court of Appeals. Hon. Helen E. Freedman (fifth from left), Associate Justice, Appellate Division, First Department and chair of NYCLA’s Judicial Section, presented the award to Judge Ciparick. Hon. Cyrus R. Vance Jr. (third from left), New York County District Attorney, delivered the Law Day remarks. Special distinguished service certificates were presented to Hon. Edward H. Lehner, Justice, Supreme Court, New York County, and several Justice Freedman (on the left) present- other members of the judiciary. Among those in attendance were ed the Louis J. Capozzoli Gavel Award NYCLA President Ann B. Lesk (second from left) and the co-chairs to Judge Ciparick. of the Supreme Court Committee, Thomas M. Smith (far left) and Morrell I. Berkowitz (far right). Meet and Greet This year’s Law Day theme, “Law in the 21st Century: Enduring The speeches of Judge Ciparick and Ms. Lesk are available on Traditions and Emerging Challenges,” emphasizes the need to shape NYCLA’s website at www.nycla.org; click on News & Cinco de Mayo and adapt to new conditions, as those in the legal profession renew Publications and then on Speeches. their commitment to the enduring principles of Reception law, become knowledgeable about other legal systems, recognize the need to adapt their Cyberspace Law Committee Presents Forum, practices and acquire new cultural understand- “Click on the Dotted Line: Internet Website ings. Privacy Policies”

On April 27, NYCLA’s Cyberspace Law NYCLA’s Cinco de Committee presented a forum, “Click on Mayo Reception was the Dotted Line: Internet Website Privacy a great event for new Policies, Terms of Use and Service, and members to learn Disclaimers: Can All That Stuff You about the various Never Read Actually Hurt You?” On May 5, NYCLA hosted a Meet & Panelists discussed the enforceability of Greet Cinco de Mayo Reception for committees, CLE website terms, good practices and a few new members. NYCLA President Ann courses and mentor- pitfalls for website owners, businesses and BBB Serving Metro New York; Sarah B. Lesk welcomed everyone to the ing programs provid- their attorneys in identifying issues, Feingold, Esq., general counsel to Home of Law. Among the committee developing policies and drafting the ‘fine Etsy.com, an online marketplace for chairs in attendance were Vinoo ed by NYCLA. As always, NYCLA print’ terms for websites. An energetic hand-crafted items and artwork; Natalie Varghese (third from left), chair, Solo question-and-answer session followed the Sulimani, Cyberspace Law Committee and Small-Firm Practice Committee, provided its mem- presentation. Panelists (from left to right) member, internet and intellectual proper- and Keith Schmidt, co-chair, Criminal bers with strong sup- were: Ester Horowitz, privacy, identity ty attorney and principal, Sulimani Law Justice Section, who spoke with new port and an opportunity to meet and build theft and fraud-prevention consultant; Firm; and Allan R. Pearlman, members about becoming involved contacts with fellow attorneys. Brian Rauer, Cyberspace Law Committee Cyberspace Law Committee member and with the NYCLA community. The member and executive director, Better tax, civil litigation and appeals attorney, next Meet & Greet Reception, a Business Bureau (BBB), Mid-Hudson and author of http://LifeLawandTaxes.com “Champagne Toast to the New Year,” Raed M. Issa Long Island regions and general counsel, and forum moderator. will be held on January 6, 2011. NYCLA Member since May 2009 June 2010 / The New York County Lawyer 9 Officers’ Profiles

Here are profiles of NYCLA’ recently elected officers. VICE PRESIDENT cus brief before the Court of Appeals in support of indi- Profiles of the members of the Board will appear in the BARBARA MOSES gent defense reform litigation. She has served two terms July/August issue of New York County Lawyer. Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, on the Board of Directors and currently serves as chair of P.C., Principal the Committee on Committees and co-chair of the PRESIDENT Barbara Moses, a principal of Membership Working Group. Ms. Walsh is also a mem- JAMES B. KOBAK JR. Morvillo, Abramowitz, Grand, ber of the NYCLA Executive and Nominations Hughes Hubbard & Reed LLP, Iason, Anello & Bohrer, P.C., han- Committees and a former chair of NYCLA’s Criminal Partner dles complex business disputes in Justice Section and Criminal Courts Task Force. Ms. James B. Kobak Jr. chairs Hughes state and federal trial and appellate Walsh lectures nationally to criminal defense lawyers for Hubbard & Reed’s Antitrust Practice courts nationwide, and in arbitration the office that trains and oversees federal defenders and and its internal Practice Standards and administrative proceedings. She appointed lawyers, and has appeared in that capacity in Ethics Committee and has been has extensive experience in securities New York, Atlanta, New Mexico and Florida. She has involved in all aspects of antitrust, a fraud litigation, securities regulatory been an adjunct professor of law in advanced trial advo- wide variety of commercial litiga- proceedings, class and derivative cacy at New York Law School since 2005. Ms. Walsh tions, and in arbitrations and media- actions, partnership disputes, and copyright, trademark graduated with honors from George Washington tions as both an advocate and a neu- and trade secrets litigation. She also handles attorney dis- University School of Law and Tufts University. tral. He currently acts as lead counsel to the SIPA trustee ciplinary matters and conducts internal corporate investi- TREASURER liquidating Lehman Brothers, Inc. A former president of gations. In conjunction with the Brennan Center for the NYCLA Foundation, he chaired the Task Force on Justice, Ms. Moses has filed amicus briefs in several high- GAIL DONOGHUE Professionalism, helped found and served for many years profile cases requiring the courts to balance Americans’ Gail Donoghue retired from the as secretary of the Denis G. McInerney NYCLA civil liberties with the nation’s security. In addition to her Office of the Corporation Counsel, American Inn of Court and has been a member of numer- private practice, Ms. Moses teaches a year-long, first-year where she served as a member of the ous committees, among them are the Executive, course at NYU School of Law. A former chair of the executive board and special counsel House/Facilities, Investments, Professional Ethics and Federal Courts Committee, Ms. Moses is a member of the to Hon. Michael Cardozo. In that Trade Regulation Committees, which he previously NYCLA Communications, Federal Courts and Finance capacity, she exercised oversight chaired. He has also been a member of the Task Forces Committees and a delegate to the NYSBA House of over the Special Federal Litigation on Judicial Independence and Judicial Selection and Delegates. She has appeared on ABC's Nightline as a and Family Court Divisions and serves as a delegate to the ABA and NYSBA House of securities litigation expert, presented at numerous CLE reported to the Corporation Counsel Delegates. In 2006, Mr. Kobak received the Boris programs and written several articles on securities litiga- on all matters related to the criminal Kostelanetz President’s Medal in recognition of his dedi- tion topics, including, “They Were Shocked, Shocked: the justice system. She worked closely with commissioners of cation to NYCLA and distinguished service to the legal ‘Discovery’ of Analyst Conflicts on Wall Street,” 70 City agencies to address significant litigation matters and profession. He serves on the American Arbitration Brooklyn Law Review 98 (2004). From 1997 through develop policy and risk-management strategies. She also Association’s panel of arbitrators, as well as the mediation 2006, Ms. Moses co-chaired ALI-ABA's annual Broker- personally led litigation teams defending the City on high- and arbitration panels of the United States District Courts Dealer Regulation course of study. She is also a member profile matters involving civil liberties, such as the chal- for the Southern and Eastern Districts of New York. Mr. of the American Bar Association (Litigation Section), lenge to the subway bag search program and policing Kobak has lectured and written widely on antitrust and New York City Bar Association and American Law strategies for the Republican National Convention. She is antitrust-intellectual property issues. He has taught semi- Institute. Ms. Moses received a B.A. magna cum laude a member of the NYCLA Audit, Executive, Finance, nars on antitrust-intellectual property issues for over a from Dartmouth College and a J.D. cum laude from House/Facilities, Investments and Public Service Awards decade at Fordham and University of Virginia Law Harvard Law School. Committees, and the Task Force on Professionalism. She Schools and formerly chaired the Intellectual Property was a member of New York City Bar for many years and served on its Judiciary Committee. Ms. Donoghue served Committee of the ABA Antitrust Section. He was editor SECRETARY of the ABA Antitrust Section’s publication Intellectual as a member of the faculty of the Practising Law Property Misuse: Licensing and Litigation. Mr. Kobak is SUSAN J. WALSH Institute’s Civil Rights Litigation Conferences for 14 also a member of the American Law Institute, a former Moskowitz, Book & Walsh, LLP, Partner years and on its Municipal Law Conference for four years. board chair of the New Jersey Music Society and a trustee Susan J. Walsh, a partner at Moskowitz, Book & Walsh She was a member of the faculty of the Georgetown of the Jersey City Museum. He received the Rossman and a career criminal defense attor- Conference on Civil Rights and taught at skills-develop- Memorial Award from the Journal of the Patent and ney, has a practice that includes trials ment workshops at the New York City Bar. She provided Trademark Society. He is a graduate of Harvard College and appeals in both federal and state promotional training at the NYPD, civil litigation training and the University of Virginia School of Law, where he jurisdictions. In recent years, her at the offices of the District Attorneys in Queens, was the associate editor of the Virginia Law Review. practice has expanded to include Brooklyn and the Bronx and appeared as a guest lecturer employment litigation in both state at Benjamin Cardozo and Pace Law Schools. The and federal courts. She has tried Corporation Counsel recognized her for her work in pub- PRESIDENT ELECT numerous jury trials to verdict and lic service with a Special Recognition Award; she has also STEWART D. AARON has been lead or co-counsel on sever- been the recipient of the NYCLA Public Service Award. Arnold & Porter LLP, Partner al published appellate decisions. Ms. In addition, she authored an article on state constitutional Stewart D. Aaron is a partner in the Walsh has also represented individuals in international rights that appeared in the New York Law Journal. Ms. New York office of Arnold & Porter, extradition proceedings and before the Securities and Donoghue is a cum laude graduate of Pace Law School, where he also serves as the adminis- Exchange Commission, and has appeared before the New where she was a case and comment editor of the inaugu- trative partner. He practices commer- York Court of Appeals and Second Circuit Court of ral issue of the Pace Law Review, and holds an LL.M. in cial litigation with an emphasis on Appeals. She was the principal author of NYCLA’s ami- taxation from NYU School of Law. securities law matters. For over 25 years, Mr. Aaron’s practice has involved the representation of clients in litigated matters in state and feder- Estates and Trusts Section’s Ruth Lewinson al courts, and before regulatory bod- ies and self-regulatory organizations. He is the president Memorial Lecture of the NYCLA Foundation, overseeing the Foundation’s Second Century Campaign, and chairs the NYCLA On May 12, NYCLA’s Estates, Trusts and Surrogate’s Investment Committee. Mr. Aaron, who chaired Court Practice Section presented the Ruth Lewinson Memorial Lecture with lecturer Michael P. Ryan (pic- NYCLA’s Federal Courts Committee from 2001 to 2004, tured), chief clerk, Nassau County Surrogate’s Court. is a member of NYCLA’s Executive, Federal Courts and Mr. Ryan, who has been chief clerk since 2005, gave a Nominating Committees and its Task Force on Judicial lecture on “Equity in the 21st Century: A Surrogate’s Independence. He also is a delegate to the NYSBA House Court Perspective.” Mr. Ryan, who is responsible for the of Delegates. He is the author of Chapter 58, "Ethical various administrative, budgetary, personnel and policy Issues in Commercial Cases," in Commercial Litigation in tasks in the Surrogate’s Court, is also an adjunct profes- New York State Courts (2006, Thomson West) and vari- sor in New York Law School’s LL.M. in Taxation ous litigation-related articles and advisories. He is a fre- Program. Posing with Mr. Ryan is NYCLA President quent author and lecturer on legal topics, generally in the Ann B. Lesk (at left) and Estates and Trusts Section areas of securities, commercial and prisoners’ civil rights Chair Sylvia E. Di Pietro. The lecture series is named for Ruth Lewinson, litigation. Mr. Aaron serves on the meditation panel of the NYCLA’s first female officer as well as the first woman to that post longer than anyone else in the Association’s his- United States District Court for the Southern District of have her portrait hung in the Home of Law’s Lounge. Ms. tory. New York. He received a B.S. from Cornell University Lewinson, a trusts and estates lawyer, joined NYCLA in Mr. Ryan’s is speech available on NYCLA’s website at and a J.D. summa cum laude from Syracuse University 1920 as one of 33 female members among a total of 3664. www.nycla.org; click on News & Publications and then on College of Law, where he was an editor of the Syracuse She was the NYCLA treasurer from 1935 to 1971, holding Speeches. Law Review. 10 June 2010 / The New York County Lawyer

List, a directory of New York State public provisions. The principles that discuss per- defenders, contains the websites of civil formance and breach of a contract try to legal service organizations and an infor- resolve conflicts involving compatibility, mation bank of public defense data. Online transfer and modification of software, dif- versions of amicus briefs, studies and The ferences in interpretation of contract pro- Public Defender Backup Center Report, visions, problems caused by failure to dis- LIBRARY NOTES with excerpted defense practice tips, book close defects or bugs in software codes, reviews and “From My Vantage Point,” consumer warranties and compensation written by the Executive Director, are for loss. The final principles deal with available in PDF format. Reports, research remedies for breach of contract, including links and current developments in and out modification of the original agreement, of New York State are provided for each limitation of damages, cancellation of the “Hot Topic,” such as domestic violence contract automatically disabling the soft- courts or eyewitness evidence. New devel- ware and specific performance. A summa- To make suggestions about book pur- justice, including a searchable database of opments in criminal defense, publications, ry, overview, statement, comments, illus- chases, please contact Anna Smallen or expert witnesses, criminal case digests and websites and national news stories can be trations, reporters’ notes and case citations Dan Jordan by email at asmallen@ summaries, job listings, links to ethics found in the Defense and Breaking News accompany each principle. There are nycla.org or [email protected] or by codes, opinions, court rules and criminal areas of the site. Contacts at the Public tables of cases and statutes at the end of phone at 212-267-6646, ext. 204. ethics standards from many organizations, Defense Backup Center, a legal support the book. e.g., the ABA Standards for Criminal center, can answer your research ques- FEATURED INTERNET SITE Justice, the Compendium of Indigent tions. NEWLY UPDATED New York State Defenders Defense Standards from the National Art of Advocacy: Summation, Release Association (NYSDA) (www.nysda.org), Legal Aid and Defender Association and NEW EDITIONS no. 29 (LexisNexis Matthew Bender). founded in 1967, is the largest criminal bar the NYSDA Collection of Defense Civil Practice in the Southern District Bender’s Forms of Discovery: association in New York State. It is dedi- Standards from New York and other (Replacement) (Thomson West). Exhaustive Compilation of cated to improving the quality and scope states. For those interested in immigration New York Consolidated Laws Service. Interrogatories, Release no. 81 of legal defense for low income people. law, the Immigrant Defense Project, a for- Session Laws of New York 2009 (LexisNexis Matthew Bender). The Association provides many free mer NYSDA initiative, is an up-to-date (LexisNexis Matthew Bender). Bender’s Forms of Pleading, Release no. resources for people interested in criminal information source. The Chief Defenders 114 (LexisNexis Matthew Bender). NEW TITLE Cooperative Housing Law and Practice Professor Robert A. Hillman, a profes- – Forms, Release no. 69 (LexisNexis sor at Cornell Law School and expert on Matthew Bender). NYCLA Holds Monthly contract law, was the reporter and Dean Entertainment Industry Contracts: Maureen O’Rourke of Boston University, Drafting and Negotiation, Release no. 66 Drawing For Free, Live whose field is intellectual property, was (LexisNexis Matthew Bender). the associate reporter for the Principles of Housing Court Reporter, vol. 37 Issue 3 the Law of Software Contracts that were (Treiman Publications Corporation). Three-Credit CLE Course adopted and promulgated by the American Modern Federal Jury Instructions: Civil, Law Institute on May 19, 2009 to provide Release no. 56 (LexisNexis Matthew Congratulations to Jeremy Bethel, Esq. of Chemtob, Moss, Forman & Talbert, clarification and guidance to courts, Bender). LLP. Mr. Bethel’s sname was selected from those members who paid their first lawyers and others who have to participate New York Civil Practice: CPLR, Release dues invoice in full by April 28, 2010. in transactions and disputes involving no. 135 (LexisNexis Matthew Bender). Members who pay their initial annual invoice in full by the drawing date are auto- computer software. The drafters of the New York Civil Practice: SCPA, Release matically entered in the drawing. One member is selected each month. For infor- Principles planned to have them supersede no. 76 (LexisNexis Matthew Bender). mation about the drawing, call Andrew Segal at 212-267-6646, ext. 208. the Uniform Computer Information Warren’s Heaton on Surrogates’ Courts, Transaction Act of 1999 and Title 2B of Release no. 102 (LexisNexis Matthew the Uniform Commercial Code because Bender). they were not enacted by the states. The book defines important words, provides Periodicals 2010 New York County the scope of application of the principles Asset Valuation, New York Law Journal and discusses how intellectual property Supplement (April 19, 2010). Criminal Courts Manual law, public policy, choice of law, forum Law Day, New York Law Journal The first edition of the 2010 New York County Criminal Courts Manual is a valu- selection and unconscionable terms effect Supplement (May 3, 2010). able tool for any attorney practicing criminal law in Manhattan. The 200+-page implementation of an agreement. The Litigation: E-Discovery Update, New Manual contains the fundamentals of criminal law in New York, including: the book gives attorneys information about York Law Journal Supplement (March 22, structure of the Criminal Court, commencement of action, arraignment practices in how to properly draft and enforce contract 2010). Criminal and Supreme Courts, plea and sentencing issues, pre-trial hearings, a step- by-step guide to Criminal Court trials, post-judgment issues and more. The Manual also contains comprehensive directories listing judicial and non-judicial personnel. The members of the New York County Lawyers’ Association’s (NYCLA) Criminal Justice Section produced the Manual to assist criminal law practitioners of all expe- 2010 Attorneys’ Guide To rience levels in handling cases in New York County. To view the Table of Contents, go to www.nycla.org. Civil Practice In The New York COST: $50 for members; $100 for nonmembers THE 2010 NEW YORK COUNTY CRIMINAL COURTS MANUAL WILL BE County Supreme Court AVAILABLE BY MID 2010. TO ORDER A COPY NOW: The Attorneys’ Guide to Civil Practice in the New York County Supreme Court Complete the order form below and fax it with credit card information to: 212-406- is a valuable tool for all lawyers practicing on the civil side in Manhattan. Produced 9252 or mail it with your check made payable to NYCLA or credit card informa- by the Committee on the Supreme Court, it is a concise resource for details about tion to: NYCLA - Criminal Courts Manual, 14 Vesey Street, New York, NY 10007. judges, court personnel and procedures in the Supreme Court. Highlights include: Commencing a Lawsuit, Assignments and Case Processing under the CCJP, Number of copies @ $50/NYCLA member rate ______Motion Practice, Back Offices and major County Clerk Operations, including Entry NYCLA ID Number______of Judgments, Commercial Division, Judges and Staff, and much more! View Number of copies @ $100/non-member rate______Table of Contents at www.nycla.org.

Name ______TO ORDER: Complete the form below and mail it with your check payable to Firm ______NYCLA to: NYCLA Guide, 14 Vesey Street, New York, NY 10007. Contact Alanna Gluck at 212-267-6646, ext. 209 or [email protected] for more information. Address ______Number of copies_____ @ $50/NYCLA member rate ______Phone ______Email______NYCLA ID Number______Number of copies _____@ $100/non-member rate Credit card number ______Exp. date______Name______Check enclosed Firm______Address______To Advertise in New York Phone ______Email______Credit card number ______Exp. date______County Lawyer Call (866) 867-9121 Check enclosed June 2010 / The New York County Lawyer 11 Environmental Law Committee Wins 2010 Klaus Eppler Award In December 2009, NYCLA’s Klaus Eppler Award, which consists of a greenhouse gas emissions [that are] too sig- Agency (EPA) urging adoption of the Environmental Law Committee wrote a certificate and a $500 prize to enhance the nificant to allow such natural gas drilling to EPA’s Proposed Endangerment and Cause report in response to the New York State Committee’s work. occur in New York State.” Moreover, the or Contribute Findings for Greenhouse Department of Environmental The Marcellus Shale, a subterranean report noted that the fluid formed by Gases Under the Clean Air Act. In July, Conservation’s (NYSDEC) Division of layer of shale rock that runs from New hydraulic fracturing “contains toxic chemi- the Committee published a report, “A New Mineral Resources’ Draft Supplemental York to Tennessee, is believed to hold sub- cals that can have a severe impact on the Era of Brownfields Regulation: An In- Generic Environmental Impact Statement stantial natural gas reserves. In New York health of people, livestock, and wildlife.” Depth View of New York City’s on the Oil, Gas, and Solution Mining State, the Marcellus Shale lies under an area NYSDEC’s Final Impact Assessment Municipal Approach to Brownfields Regulatory Program, opposing natural gas renowned for its wildlife, air quality and Report concluded, “Drilling in the water- Regulation,” supporting a law that gives drilling in the Marcellus Shale. Responding pristine watershed, which supplies New shed requires invasive industrialization and the Mayor’s Office of Environmental to public pressure, NYSDEC decided to York City with drinking water. According [could] create a substantial risk of chemical Remediation the authority to develop and issue tougher regulations on such drilling. to the Committee report, the proposed natu- contamination, and infrastructure damage.” operate the nation’s first municipality- On June 2, in recognition of the report’s ral gas extraction method – high-volume This past year, the Environmental Law directed local brownfield-cleanup pro- impact on environmental policy, the hydraulic fracturing – created “...the poten- Committee has spoken out on other envi- gram. “Brownfields” refer to abandoned or Environmental Law Committee, chaired by tial for groundwater contamination, ronmental issues. Last June, it sent a letter underused industrial and commercial facil- Christopher D. Barraza, received the 2010 increased water use, air pollution, and to the U.S. Environmental Protection ities available for re-use.

indigent defendants based on the subjec- Court Of Appeals Ruling tive judgments of individual jurists. In Directions to NYCLA addition to these allegations of “outright (Continued from page 4) NYCLA is located at 14 Vesey Street between Broadway and Church Street, non-representation. across the street from St. Paul’s Chapel. from Ontario and four from Schuyler The complaint also contained allega- By Subway: 2 or 3 to Park Place; A, C or E to Chambers Street; 4, 5 or M to County -- were altogether without repre- tions that public defenders were unavail- Fulton Street. sentation at the arraignments held in their able to their clients and “often completely By Bus: M103 to City Hall; M1 or M6 to Fulton Street underlying criminal proceedings. Eight of unresponsive to their urgent inquiries and these unrepresented plaintiffs were jailed requests from jail.” after bail had been set in amounts they Hurrell-Harring, et al. v. New York was could not afford. It is alleged that the filed in the name of a Rochester woman, experience of these plaintiffs is illustra- Kimberly Hurell-Harring, and 19 other Ethics Hotline tive of what is a fairly common practice in people who were facing criminal charges. the aforementioned counties of arraigning Ms. Hurell-Harring’s public defender had June 1-15 June 16-30 July 1-15 July 16 - 31 defendants without counsel and leaving advised her to plead guilty after being Don Savatta Barry Temkin Peter Zlotnick Isiris Isaac them, particularly when accused of rela- arrested for trying to sneak three quarters 212-983-6000 212-804-4221 212-692-6887 646-386-4676 tively low level offenses, unrepresented of an ounce of marijuana to her husband, in subsequent proceedings where pleas who was in prison. Ms. Hurrell-Harring, a Questions to the Hotline are limited to an inquiring attorney’s prospective con- are taken and other critically important certified nursing assistant and mother of duct. The Hotline does not answer questions regarding past conduct, the conduct legal transactions take place. One of these two, lost her job and, after spending four of other attorneys, questions that are being litigated or before a disciplinary com- plaintiffs remained unrepresented for months in prison, was released for good mittee or ethics committee, or questions of law. This notation shall not be con- some five months and it is alleged that the behavior. Her case was later reversed and strued to contain all Hotline guidelines. For a full discussion of Ethics Hotline absence of clear and uniform guidelines dismissed by the Appellate Division, guidelines, please see “Guidelines on NYCLA’s Ethics Hotline,” September 2006, reasonably related to need has commonly which held that Ms. Hurrell-Harring’s New York County Lawyer, Vol. 2, No. 7. resulted in denials of representation to conduct was not a crime.

Early Registration Fee: (on or before 6/7) Registration Fee: (6/20 – 6/21) Message From Bari Chase Member: $50 Non-Member: $75 Member: $150 Non-Member: $200 (Continued from page 5) Registration Fee: (6/8 – 6/9) Member: $75 Non-Member: $100 Jersey. Courses qualifying for CLE credit in New Jersey Monday, June 28 6:00 – 9:00 PM will be so designated on the NYCLA website. Be sure to FROM SENTENCING TO APPEAL IN THE Thursday, June 17 6:00 – 9:00 PM FEDERAL CRIMINAL SYSTEM consult www.nycla.org for program details and program CONFRONTING ETHICAL ISSUES IN locations. 3 MCLE Credits: 1 Ethics; 2 Professional Practice; INSURANCE PRACTICE Transitional and Non-transitional Please note: Tuition Assistance is available for qual- 3 MCLE Credits: 3 Ethics; Transitional ified attorneys for live programs offered by the CLE Early Registration Fee: (on or before 6/26) and Non-transitional Member: $125 Non-Member: $175 Institute. Check our website at www.nycla.org for Early Registration Fee: (on or before 6/15) more information and how to apply for Tuition Registration Fee: (6/27 – 6/28) Member: $125 Non-Member: $175 Member: $150 Non-Member: $200 Assistance. Check our website for course details, fac- Registration Fee: (6/16 – 6/17) ulty, complete program descriptions and pricing. Member: $150 Non-Member: $200 Consecutive Wednesday Evenings, June 30 CLE Programs in June Monday, June 21 6:00 – 9:00 PM and July 7 6:00 – 9:00 PM LATEST DEVELOPMENTS IN OBTAINING H-1B WINNING CASES IN FEDERAL COURT Wednesday, June 9 6:00 – 8:00 PM VISAS FOR PROFESSIONALS IN “SPECIALTY 6 MCLE Credits: 2 Ethics; 4 Skills; Transitional and UNDERSTANDING THE TAX PROVISIONS OF OCCUPATIONS” Non-transitional THE HEALTH CARE REFORM LEGISLATION 3 MCLE Credits: 1 Ethics; 1 Professional Practice; 1 Early Registration Fee: (on or before 6/28) AND THE HIRE ACT Skills; Transitional and Non-transitional Member: $175 Non-Member: $225 2 MCLE Credits NY: 2 Professional Practice; Early Registration Fee: (on or before 6/19) Registration Fee: (6/29 – 6/30) Transitional and Non-transitional Member: $125 Non-Member: $175 Member: $200 Non-Member: $250

announced Mr. Kobak, “shortly be issuing a series of mentoring program, launched in January, which he hopes Annual Meeting reports and recommendations about one of the most to expand. “I see NYCLA as a major voice and resource (Continued from page 1) important courts of all in terms of immediacy and depth of for practicing lawyers on ethics issues though our Oxford impact – the Family Court.” University publication [due out in July] on the newly Mr. Kobak spoke about NYCLA’s continued support Regarding pro bono, Mr. Kobak seeks to expand pro- revised New York ethics rules, our extensive CLEs, our for judicial independence, saying, “In addition to our grams that assist the overwhelming number of pro se lit- increasingly cutting-edge ethics opinions and our ethics existing efforts, we are exploring a rapid response mech- igants who have a pressing need for legal assistance on a hotline. We were the first bar association to publish ethics anism for addressing the media and educating the public host of consumer debt issues. In addition, to continuing opinions and our Ethics Institute’s Advisory Board com- about unfair attacks on the judiciary.” these and other existing programs either alone or in part- prises some of the finest ethical thinkers in the country.” On the subject of the courts of New York State, Mr. nerships with other organizations, NYCLA will expand He concluded, “I also see opportunities for NYCLA Kobak also emphasized the work of NYCLA’s Justice Project Restore, which represents convicted felons who and the profession to remake and renew themselves. I Center, chaired by George Bundy Smith, which will con- have wrongly been denied licenses to practice a trade know I will have many challenges as your 57th presi- tinue to make recommendations for improvement in the that would help them reenter society. dent. But I know I have a secret weapon -- a bar associ- courts of New York City, particularly those courts that Acknowledging the need for lawyers to have role mod- ation full of people with talent, dedication and good have an impact on the lives of New Yorkers. “We will,” els, Mr. Kobak discussed the Association’s experimental will.” 12 June 2010 / The New York County Lawyer

should respond. Students also had opportunities Administrative Trials and Hearings, and that Financial support for the program is provid- Annual Report 2009-2010 to explore careers in the law and get tips on improved employment protections be adopted ed by law firms, corporations, individuals and (Continued from page 7) applying to college. Conference evaluations for its administrative law judges to enhance generous grants from NYCLA’s Supreme were extremely positive, endorsing the Justice judicial independence. Court Committee and Federal Courts based on an assessment of patrons’ needs. Center’s commitment to providing resources Committee. Shifts from print to electronic resources are for young people and their teachers. NYCLA Working Group on the Rules of Judicial Evaluations from the interns help to provide progressing in a manner intended to be the least is indebted to the volunteers from the NYCLA Conduct the Minorities & the Law Committee with an disruptive to members. Some low-use items Board and membership who generously and After the New York State Bar Association indication as to the success of the program. As kept in closed-stack areas are being deacces- repeatedly donate their time and talents to the Special Committee to Review the Rules of one intern from the 2009 program said: sioned to allow for better arrangement of mate- various activities in our Youth Law Education Judicial Conduct issued a report recommending I had the honor and privilege of working as rials and space utilization. Project, and particularly to Justice Price and changes in the New York State Code of Judicial a judicial intern for Hon. Deborah A. Batts in The NYCLA renovation project, partially Ms. Lesser. Conduct so that it would conform in structure the Southern District of New York. I am so funded by the Gladys Glickman bequest, now and substantive provisions to the ABA Model incredibly thankful to have had the opportunity as Judge Batts was such an incredible advo- provides for a dry, water-tight facility. New High School Essay Contest Code, a NYCLA Working Group was formed skylights bathe the balcony and North Reading cate for diversity and hands-on learning. She The High School Essay Contest has been to comment on the report. Comprising mem- engaged us in conversations about the fairness Room in natural light. New windows and new sponsored for many years by the Law-Related bers of the Task Forces on Judicial Selection of certain sentences she imposed on convicted storm windows, to be installed this summer, Education Committee, chaired by Hon. and Independence, as well as representatives of defendants. She made sure that we learned the will further improve the facility. NYCLA Richard Lee Price. In May, the Committee pre- the NYCLA Ethics Institute and Judicial effective arguing methods made by certain members are encouraged to drop in and see sented prizes and certificates to public high Section, the Working Group prepared a report, defense attorneys or Assistant United States what the Library can do for them and for their school students who wrote essays on the 2010 adopted by the NYCLA Board and submitted to attorneys and heightened my interest in litiga- practice. topic about internet privacy--whether adults, State Bar for consideration by its House of tion. The experience also taught me the neces- Thank you to the members of the Library such as parents and teachers, have the right to Delegates. sity of good legal research skills. I learned Committee and its chair, Tom Draper. about areas of law that I never thought would read what students post. interest me. I left the internship with written AMICUS BRIEFS memorandums and draft opinions on subjects JUSTICE CENTER Foreclosure Fora Dedicated pro bono attorneys and NYCLA ranging from securities law to copyright law to Hon. George Bundy Smith has guided the To assist homeowners facing foreclosure, the committee members produced a record number employment discrimination. I am so incredibly Justice Center toward an expanded roster of ini- Justice Center, in cooperation with the Feerick of amicus briefs this past year filed with the thankful to the New York County Lawyers’ tiatives, while insuring that ongoing projects Center for Social Justice, elected officials, Court of Appeals. NYCLA joined with six Association for one of the greatest learning continued as priorities. We are very apprecia- advocates and legal services providers, spon- other bar associations on two briefs in Debra experiences in my life. tive of the commitment to social justice of sored fora for community leaders and service H. v. Janice R., a case about custody and visi- Luna Droubi, New York Law School Judge Smith and the members of the Advisory providers in the outer boroughs to address the tation rights, as well as a duty of support, for Board. problems facing tenants in foreclosed build- non-biological, non-adoptive same-sex parents. PUBLIC POLICY INITIATIVES ings. Because the meetings generated requests The NYCLA Appellate Courts Committee filed June 10, 2009 – NYCLA sent letters to the Task Force on Professionalism for more information, a second series on fore- a brief commenting on appellate practices and chairs and members of the New York State The Task Force on Professionalism, chaired closure issues affecting both tenants and home- ethics in People v. Juan Rivera. In a second Assembly and Senate Judiciary Committees by James B. Kobak Jr., NYCLA president- owners is planned for the spring and fall of brief in Larabee v. Governor, NYCLA urged expressing support for an increase in the num- elect, has polled lawyers, judges and law school 2010. the Court to affirm the ruling of the Appellate ber of judges in the New York City Family deans, held focus groups with small- and large- Division, First Department that the State’s con- Courts. firm associates and government attorneys and Public Fora tinuing failure to properly address judicial com- June 22, 2009 – NYCLA’s Environmental set up a blog to gather views on professional- Last October the Justice Center co-spon- pensation violates the New York State constitu- Law Committee sent a letter to the U.S. ism. In January, the NYCLA Board adopted a sored NYCLA’s Criminal Justice Section tion. In H.M. v. E.T., NYCLA advocated for Environmental Protection Agency’s (EPA) report of the Task Force and endorsed the forum, “It’s Not Just a Summons!,” which the Family Court as the proper jurisdiction for Administrator, Lisa P. Jackson, urging adop- launch of a one-year pilot mentoring project examined the collateral consequences for the a mother’s child support petition brought under tion of the EPA’s Proposed Endangerment and pairing 12 new attorneys with more seasoned 600,000 New Yorkers who annually receive a the Uniform Interstate Family Support Act Cause or Contribute Findings for Greenhouse professionals representing a broad spectrum of summons to a local Criminal Court. In against her former same-sex partner. In a brief Gases Under the Clean Air Act. the legal community—corporate, solo and November, the Justice Center co-sponsored signed onto by other bar associations and law June 23, 2009 – NYCLA’s Executive large-firm practitioners and public sector attor- Cardozo Law School’s conference, “New professors, Hurrell Harring et al. v. New York, Committee adopted a report of the NYCLA neys. An advisory board, which will oversee Perspectives on Brady and Other Disclosure NYCLA argued for prospective relief where Ethics Institute urging the Federal Trade the project, will sponsor networking and CLE Obligations: What Really Works?,” a two-day systemic deficiencies deprive the indigent Commission to reconsider its decision to apply programs for the mentors and mentees. The event exploring best practices for prosecutors accused of meaningful and effective assistance the Red Flags Rule to the legal profession. Task Force will now operate under the aegis of in the disclosure of evidence. In April, the of counsel in criminal proceedings. June 30, 2009 – NYCLA sent letters, written the NYCLA Ethics Institute. NYCLA is grate- Justice Center co-sponsored the Women’s by the Criminal Justice Section, to Governor ful for the dedication of the Task Force and for Rights Committee forum, “A Local and NEW COMMITTEE David A. Paterson, Chief Judge Jonathan the enthusiasm of the mentors. International Perspective on Afghanistan— In April, NYCLA’s Board of Directors Lippman and Assembly Codes Committee U.S. Efforts Toward Equality for Afghan approved the creation of a new committee, the Chair Joseph R. Lentol, expressing support for Task Force on the Family Court Women.” Animal Law Committee, which focuses on the inclusion of provisions in the state budget In 2008, a Task Force on the Family Court, legal issues affecting animals and persons with mandating the establishment of caseload stan- co-chaired by Hon. Howard Miller, Appellate TASK FORCES AND an interest in animals, including the intersec- dards for attorneys representing indigent crimi- Division, Second Department, and Professor WORKING GROUPS tion of animal law and other practice areas, nal defendants in New York City. Jane Spinak, Columbia Law School, was Task Force on Judicial Independence such as criminal, housing, tort, trusts and July 2, 2009 – NYCLA sent letters to empanelled to review recommendations for Co-chaired by Hon. Betty Weinberg Ellerin estates, matrimonial and international law. Governor David A. Paterson, Mayor Michael change produced at two major conferences on and NYCLA Past President Norman L. Reimer, R. Bloomberg, Chief Administrative Judge the Family Court that NYCLA and Columbia the Task Force prepared a comprehensive DIVERSITY INITIATIVES Ann Pfau, Deputy Chief Administrative Judge Law School co-sponsored in 2006 and 2007. report, adopted by the NYCLA Board in Founded in 1908, the New York County Fern A. Fisher, Administrative Judge for The Task Force comprises government offi- September, analyzing the operations of the Lawyers’ Association was the first major bar Criminal Matters Barry Kamins, Assembly cials, judges and court personnel, advocates, New York State Commission on Judicial association in the country to admit members Codes Committee Chair Joseph R. Lentol and legal services providers and parent representa- Conduct and recommending changes to pro- without regard to race, ethnicity, religion or Criminal Justice Coordinator John Feinblatt, tives. Five subcommittees of the Task Force vide greater due process and transparency, as gender. Over 100 years later, through the lead- congratulating the New York State Legislature are engaged in looking at trial practice, current well as reforms requiring legislative action. ership of its task forces and committees, for including provisions in the state budget initiatives in the Court and among stakeholders, The Task Force subcommittee for this project, NYCLA continues to play an active role in mandating the establishment of caseload stan- information and data that are or should be col- chaired by Hon. Marcy L. Kahn and Klaus spearheading efforts that support diversity in dards for attorneys representing indigent crimi- lected, the culture of the Court, and the points Eppler, conducted extensive interviews with the legal profession by issuing reports, promot- nal defendants in New York City and urging of entry and initial steps for litigants. The Task current and former staff of the Commission, ing diversity statements and presenting public that adequate funding be appropriated to moni- Force is completing work on a series of reports present and former members of the fora, special events and programs. Following is tor and enforce caseload standards. recommending better ways for the Family Commission, judges, and lawyers who practice an example of one of NYCLA’s ongoing suc- July 21, 2009 – NYCLA’s Civil Rights & Court to operate and serve litigants. NYCLA before the Commission. NYCLA salutes this cessful programs. Liberties and Women’s Rights Committees salutes this energetic and creative Task Force, distinguished Task Force, especially the co- sent letters to New York Senators Kristen E. especially its co-chairs. chairs, and looks forward to its continued con- Minority Judicial Internship Program Gillibrand and Charles E. Schumer in support tributions to the critical issue of protecting judi- Celebrating its 21st anniversary, the of the Paycheck Fairness Act. Youth Law Education Project cial independence. Summer Minority Judicial Internship July 22, 2009 – NYCLA adopted a report of In partnership with Hon. Richard Lee Price, Program is an integral part of NYCLA’s mis- the Federal Courts Committee that favored chair of the NYCLA Law-Related Education Task Force on Judicial Selection sion to increase diversity in the legal profes- the lifting of the Southern District of New Committee, and Debra Lesser, executive direc- Now in its sixth productive year, the Task sion. Established in 1989 by Hon. Harold Baer York’s (SDNY) ban on cell phones, laptops, tor of the Justice Resource Center, the NYCLA Force on Judicial Selection, co-chaired by Jr. and his wife, Dr. Suzanne Baer, the program PDAs and other electronic devices from the Justice Center hosted two more events utilizing Susan B. Lindenauer and Hon. Margaret J. provides law students of color with the unique courthouse. NYCLA President Ann B. Lesk the NYC Youth Law Manual, published in 2007. Finerty, prepared several reports adopted by the opportunity for exposure to the judicial system testified at a July 29 hearing held by SDNY’s Teachers of law-related education in the New NYCLA Board. In response to a set of pro- where it would not otherwise be financially fea- Ad Hoc Committee on Cell Phones. York City public high schools participated in a posed rules of the New York State Commission sible. The program is administered by July 22, 2009 – NYCLA’s Environmental lively seminar in May featuring a speaker on on Judicial Nominations, the Task Force sub- NYCLA’s Minorities & the Law Committee Law Committee published a report, “A New cyberbullying, and panels on other forms of mitted two sets of comments. The Task Force and accepts first- and second-year law students Era of Brownfields Regulation: An In-Depth bullying and internet dangers. Last December, also issued “A Proposal for the Reform of the from the five law schools in New York County, View of New York City’s Municipal Approach ” 90 public high school students participated in New York City Environmental Control Board,” as well as Brooklyn Law School, St. John’s to Brownfields Regulation, in support of the the third citywide student conference, hosted urging that the Environmental Control Board University School of Law and City University New York City Brownfield and Community by Pace University. Skits, performed by stu- adjudicate cases through procedures providing of New York School of Law. To promote the Remediation Act, signed into law on May 11, dent volunteers, illustrated confrontations with greater due process, that the collateral conse- program, a kick-off reception was held in 2009, giving the Mayor’s Office of school safety officers and the police, and gen- quences of cases that may lead to significant September, attended by eligible law students, Environmental Remediation the authority to erated discussions about what young people’s fines or loss of licenses be handled at the law school administrators, sponsors of the pro- develop and operate the nation’s first munici- rights are in these situations and how they respondent’s option by the Office of gram and NYCLA Board members. (See Annual Report 2009-2010 on page 13) June 2010 / The New York County Lawyer 13

how law schools, firms and bar associations opposing natural gas drilling in the Marcellus New York County Criminal Courts Manual, a Annual Report 2009-2010 can enhance professionalism. Shale. The report was written in response to the valuable tool for any attorney practicing crimi- (Continued from page 12) January 27, 2010 – NYCLA’s Federal New York State Department of Environmental nal law in Manhattan, will be published by the Courts Committee published a report, com- Conservation’s Division of Mineral Resources’ Criminal Justice Section. The 200+-page pality-directed local brownfield cleanup pro- menting on a report issued by the New York Draft Supplemental Generic Environmental Manual covers the fundamentals of criminal gram. “Brownfields” refer to abandoned or State Bar Association’s Commercial and Impact Statement on the Oil, Gas, and Solution law in New York, including: the structure of underused industrial and commercial facilities Federal Litigation Section, on the surge in Mining Regulatory Program. The prize is award- the Criminal Court, commencement of action, available for re-use. immigration appeals in the Second Circuit, and ed to a committee or section that has written a arraignment practices in Criminal and Supreme July 31, 2009 - NYCLA joined with the City recommending ways to manage and reduce the report that has had or may have the greatest Courts, plea and sentencing issues, pre-trial Bar, American Academy of Matrimonial Court’s immigration docket. impact in effecting improvements in the law or hearings, a step-by-step guide to Criminal Lawyers – New York Chapter, Metropolitan February 4, 2010 – NYCLA joined with in our judicial system. The award consists of a Court trials, post-judgment issues and more. Black Bar Association, Puerto Rican Bar other bars and law professors on an amicus certificate and a $500 prize to enhance the The Manual also contains comprehensive Association, Inc., Richmond County Bar curiae brief in Hurrell-Harring et al. v. New Committee’s work. directories listing judicial and non-judicial per- Association and Women’s Bar Association of York, challenging the adequacy of New York sonnel. Special thanks to Section Co-Chairs the State of New York in filing an amicus brief State’s indigent defense system. Keith Schmidt and Rhonda Z. Tomlinson. ETHICS OPINIONS in the Court of Appeals in Debra H. v. Janice February 23, 2010 – NYCLA issued a state- March 1, 2010 – NYCLA’s Professional R. in support of a non-biological non-adoptive ment regarding its support of the New York LECTURES Ethics Committee issued Ethics Opinion 741, mother’s standing to seek custody of or visita- Court of Appeals’ opinion that "as a matter of NYCLA hosted a series of lectures, including explaining a lawyer's obligation upon learning tion with her child. law, the State defendants' failure to consider the: Charles Evans Hughes Memorial that a client has lied about a material issue in a September 10, 2009 – NYCLA’s Appellate judicial compensation on the merits violates the Lecture, sponsored by Hughes Hubbard & civil deposition. Courts Committee filed an amicus brief in the Separation of Powers Doctrine." This holding Reed LLP, presenting Preet Bharara, U.S. April 16, 2010 – NYCLA’s Professional Court of Appeals commenting on appellate makes it clear that the Legislature must aban- Attorney, Southern District of New York; Ruth Ethics Committee issued Ethics Opinion 742, practices and ethics in People v. Juan Rivera. don its past practice of linking judicial com- Lewinson Memorial Lecture, sponsored by concerning the practice of limited scope repre- September 14, 2009 - NYCLA adopted a pensation to other issues, such as legislator the Estates, Trusts & Surrogate’s Court sentation, also known as ghostwriting, under report of the Task Force on Judicial Selection salaries. NYCLA had filed an amicus brief in Practice Section, presenting Michael P. Ryan, the new New York Rules of Professional in response to the issuance by the New York one of the cases decided, Larabee v. Governor. chief clerk, Nassau County Surrogate’s Court; Conduct. State Commission on Judicial Nominations of a February 23, 2010 – NYCLA adopted a and Nanette Dembitz Lecture, sponsored by set of Proposed Rules for the Commission. report of the NYCLA Working Group on the Family Court & Child Welfare October 27, 2009 – NYCLA adopted a Judicial Conduct Rules on a report of the New NYCLA PUBLICATIONS Committee, presenting Hon. Paula Hepner, report of a subcommittee of members from its York State Bar Association’s Special Committee NYCLA continues to offer discounts to Supervising Judge, Kings County Family Court, Appellate Courts and Federal Courts to Review Rules of Judicial Conduct. members on special first-rate publications to Kerry Moles, director, Family Wellness Committees in response to a request by the February 25, 2010 – NYCLA sent a letter to assist them in an array of practice areas. Program, Children's Aid Society, Kim Fountain, U.S. Court of Appeals for the Second Circuit Chief Judge Jonathan Lippman urging the The treatise Commercial Litigation in New deputy director, New York City Anti-Violence for comments on its proposed local rules. adoption of an additional rule in the New York York State Courts, a highly successful joint Project, and Stephanie Nilva, Esq., executive October 29, 2009 – NYCLA joined with the State Rules of Professional Conduct that would venture between NYCLA and Thomson director, Day One, on the topic “Changing American Academy of Matrimonial Lawyers – govern the conduct of prosecutors and govern- Reuters/West, is widely recognized as a unique Faces of Domestic Violence: Expanding Access New York Chapter, City Bar, Metropolitan ment lawyers when they learn of credible, and invaluable resource and has become the for Non-Traditional Litigants.” Black Bar Association, Puerto Rican Bar material evidence indicating that the convicted definitive reference work in its field. The five- Association, Inc., Richmond County Bar defendant is likely to be innocent. volume, 6,000-page treatise contains 88 chap- SPECIAL EVENTS Association and Women’s Bar Association of March 10, 2010 – NYCLA President Ann B. ters covering all aspects of civil procedure in NYCLA’s special events constitute an the State of New York in filing a second ami- Lesk testified at a New York City Council pre- New York State courts, as well as numerous invaluable way to recognize the leaders of our cus brief in the Court of Appeals in Debra H. v. liminary budget hearing for fiscal year 2011 on substantive law subjects. This publication has profession and promote public appreciation for Janice R., a custody/visitation case involving a the issue of funding for indigent defense serv- been critically acclaimed in dozens of book our legal system. Thanks to our energetic com- former same-sex couple. ices, voicing opposition to the City’s proposed reviews published in bar journals and legal mittees and sections, led by dedicated chairs and November 16, 2009 – NYCLA adopted the changes to the Indigent Defense Plan. newspapers throughout New York State. The administered by NYCLA’s talented staff, the Task Force on Judicial Independence Report March 11, 2010 – NYCLA and the four 121 authors, led by former NYCLA President Association held the following special events. on the New York State Commission on Judicial other county bar associations in New York City and Editor-in-Chief Robert L. Haig, inspired In June, the Matrimonial Law Section hon- Conduct, recommending changes in the – Bronx County Bar Association, Brooklyn Bar the following observation by Appellate ored special referees of New York County at its Commission’s policies and procedures to Association, Queens County Bar Association Division Justice Eugene L. Nardelli in his New annual cocktail party at Seaman’s Institute and enhance due process. and Richmond County Bar Association – York County Lawyer book review: “Thus, this the Civil Court Practice Section hosted its November 16, 2009 – NYCLA’s Civil adopted a joint resolution expressing “grave treatise has succeeded in obtaining consider- annual awards dinner, honoring Hon. Fern A. Court Practice Section sent a letter to Senator concerns” about the proposed changes to the able time and attention from many of the Fisher, Deputy Chief Administrative Judge for Malcolm S. Smith, temporary president of the City’s Indigent Defense Plan. busiest and best lawyers and judges in New New York City Courts, and Hon. Luis New York State Senate, in general support of March 22, 2010 – NYCLA’s Futures and York State. I am not aware of any other bar Gonzalez, Presiding Justice of the Appellate the Consumer Credit Fairness Act. Derivatives Committee sent a letter to the association project that has inspired such loyal- Division, First Department, with Hon. Juanita November 23, 2009 – NYCLA’s Supreme Commodity Futures Trading Commission in ty and required such a great amount of work by Bing Newton, Dean of the Judicial Institute, as Court Committee sent a letter to OCA com- response to proposed rules regarding regulation so many prominent lawyers and judges over the keynote speaker. Also in June, the Library menting on the Unified Court System’s propos- of off-exchange retail foreign exchange trans- such a long period of time.” Beginning with its Committee hosted a dedication ceremony hon- al, New Request for Judicial Intervention (RJI) actions and intermediaries. first edition in 1995 and continuing through its oring the late Gladys Glickman, longtime Form. May 4, 2010 – NYCLA’s Federal Courts second edition in 2004 to the present, all royal- NYCLA member, who bequeathed $2.9 mil- November 24, 2009 – NYCLA filed an amicus Committee published a report, commenting on ties from the sale of this publication and its lion to NYCLA. The Glickman NYCLA brief in the Court of Appeals in Larabee v. a report issued by the City Bar’s Federal Courts annual Pocket Parts have gone to NYCLA. Authors Display in the Library contains the Governor in support of fair judicial compensa- Committee, on the proposals for the 2010 Duke Our thanks to Bob Haig and the 121 authors for published works of NYCLA members. tion. Conference regarding the Federal Rules of their continued contributions to this project. In October, the Federal Courts Committee December 2, 2009 – NYCLA’s Civil Procedure. In addition, NYCLA’s Attorneys’ Guide to held its annual luncheon honoring the Federal Environmental Law Committee sent a report May 5, 2010 – NYCLA’s Lesbian, Gay, Civil Practice in the New York County Courts in New York City. The Edward to the New York State Department of Bisexual and Transgender Issues Committee Supreme Court is a valuable tool for lawyers Weinfeld Award for Distinguished Environmental Conservation’s Division of sent letters to two New York State legislators, practicing on the civil side in Manhattan. Contributions to the Administration of Justice Mineral Resources opposing natural gas Senator Thomas K. Duane and Assembly Produced by the Supreme Court Committee, was presented to Hon. Gerard E. Lynch, United th drilling in the Marcellus Shale. Member Richard N. Gottfried, urging the adop- the 14 edition of the Guide published in 2009 States District Court, Southern District of New December 9, 2009 – NYCLA President Ann tion of a bill that would amend the laws pro- is a concise resource for details about judges, York. In December, the Civil Court B. Lesk testified at the New York State Senate hibiting discrimination to include offenses court personnel and procedures in the Supreme Practice Section honored the contributions of Standing Committees on Crime Victims, Crime based on gender identity or expression and Court. Proceeds from the sale of the Guide pro- Hon. Joan B. Carey, retiring Administrative and Correction, Judiciary, Codes, and Veterans include offenses regarding gender identity or vided financial support to the Association’s Judge of the Supreme Court, Civil Branch, and Military Affairs regarding IOLA and the expression within the list of offenses subject to numerous programs. Special thanks to Supreme New York County, at a cocktail reception. funding of civil legal services in New York State. treatment as hate crimes. Court Committee Co-Chairs Morrell I. In February, in honor of Black History Month, December 14, 2009 – NYCLA sent a letter May 6, 2010 – NYCLA’s Matrimonial Berkowitz and Thomas M. Smith, and commit- NYCLA hosted the Ida B. Wells-Barnett to the counsel of the Commission on Judicial Law Section testified at a New York State tee member Robert C. Meade Jr. for their dedi- Justice Award Reception, honoring Nominations commenting on the revised Senate public hearing on no-fault divorce and cation and commitment to this project. Jacqueline A. Berrien, associate director-coun- Proposed Rules. matrimonial reform. A book celebrating NYCLA’s Centennial, sel of the NAACP Legal Defense and December 22, 2009 – NYCLA adopted the May 10, 2010 – NYCLA submitted com- Brethren and Sisters of the Bar: A Centennial Educational Fund, Inc. (who became head of Task Force on Judicial Selection report, “A ments based on reports by the Civil Rights & History of the New York County Lawyers’ the Equal Employment Opportunity Proposal for the Reform of the New York City Liberties and Federal Courts Committees on Association, written by Edwin David Commission in April), sponsored by NYCLA th Environmental Control Board,” recommending a report by the New York State Bar Robertson, NYCLA’s 54 president (2006- and the Metropolitan Black Bar Association. procedural reforms for the Environmental Association’s Special Committee on Standards 2007) and a partner at Cadwalader, Also in February, the Supreme Court Control Board. The Report is the sixth in a for Pleading in Federal Litigation. Wickersham & Taft LLP, was published by Committee hosted its annual Judicial series prepared by the Task Force regarding the May 17, 2010 – NYCLA's Family Court NYCLA and Fordham University Press in Reception honoring newly elected, reelected, operation of administrative law tribunals in and Child Welfare Committee sent a letter to 2008. The 432-page illustrated book chronicles appointed and reappointed judges. Among the New York City. the New York State Bar Association comment- the pioneering spirit of the Association’s honorees were Hon. Luis A. Gonzalez, December 24, 2009 – NYCLA filed an ami- ing on a report by its Committee to Ensure founders and members, who put NYCLA at the Presiding Justice, Appellate Division, First cus brief in the Court of Appeals in H.M. v. Quality of Mandated Representation, titled center of a century of public debates over such Department, and Hon. Sheila Abdus-Salaam, E.T., in support of the appellant and biological 2010 Revised Standards for Providing legal issues as judicial selection, a mandatory Appellate Division, First Department. Hon. mother, who is seeking child support from her Mandated Representation bar, legal ethics, indigent defense, just compen- Cyrus R. Vance Jr., the newly elected New former same-sex partner. sation for judges and employees of the court, York County District Attorney, was the January 11, 2010 – NYCLA’s Board of KLAUS EPPLER AWARD and the right to counsel. NYCLA gratefully keynote speaker. Directors adopted the Task Force on NYCLA’s Environmental Law Committee, acknowledges Dave Robertson for his talents as In April, the Women’s Rights Committee Professionalism’s “Report on Professional- chaired by Christopher D. Barraza, will receive a writer, researcher and historian. hosted the 13th annual Edith I. Spivack ism,” which includes recommendations for the 2010 Klaus Eppler Award for its report In June, the first edition of NYCLA’s 2010 (See Annual Report 2009-2010 on page 14) 14 June 2010 / The New York County Lawyer

First row (from left to right): Hon. Luis A. Gonzalez, Hon. Judy H. Kluger, Hon. Jane A. Restani, Hon. Michael V. Coccoma, Hon. Raymond J. Dearie Hon. Robert M. Morgenthau, First row (from left to right): Robert L. Haig, Hon. Jonathan Lippman, Roy L. Reardon, Hon. Sonia Sotomayor and Ann B. Lesk. Back row (from left to right): Hon. Efrain Hon. Loretta A. Preska, Hon. Dennis Jacobs, Hon. A. Gail Prudenti and Hon. Fern A. Alvarado, Hon. Fernando Camacho, Hon. Carla E. Craig, Hon. Steven M. Gold, Hon. Fisher. Back row (from left to right): Hon. Juanita Bing Newton, Hon. Michael Obus, Hon. Sherry Klein Heitler, Hon. Sylvia O. Hinds-Radix, Hon. Barry Kamins, Hon. Douglas E. Henry Pitman, Hon. Edwina G. Richardson-Mendelson, Hon. Barry Salman, Hon. Alan D. McKeon and Hon. Philip G. Minardo Scheinkman, Hon. Richard E. Sise, Hon. Sharon S. Townsend and Hon. Michael L. Pesce

from 1979-1984. Roy L. Reardon, partner at Lawyers' Committees and Estates & Trusts Morris, Arthur I. Winard and Debra Ruth Annual Report 2009-2010 Simpson Thacher & Bartlett LLP, was present- Section’s book signing for They’re Your Wolin. ed with the William Nelson Cromwell Award Parents, Too! How Siblings Can Survive Their REFLECTIONS (Continued from page 13) by Hon. Jonathan Lippman, Chief Judge of the Parents’ Aging Without Driving Each Other As I step down as NYCLA’s President, I Award Reception, honoring Sybil Shainwald, State of New York. The Annual Dinner’s hon- Crazy, by Francine Russo; Arbitration & salute the skill and dedication of our volunteer Esq., who pioneered the struggle for women’s ored guests were Chief Judges, Presiding ADR, Labor Relations & Employment Law leaders. Thank you to all of our committee and rights, focusing her legal career exclusively on Justices and Administrative Judges of both the and Securities & Exchanges Committees’ section chairs and co-chairs, who are responsi- women’s health issues for more than 30 years. federal and state trial and appellate courts 11th annual “FINRA Listens... And Speaks”; ble for all committee and section programs, and Also in April, the Supreme Court Committee throughout New York State. Former NYCLA Government Counsel Committee’s So You to all the participants in NYCLA’s Task celebrated Law Day at its annual Law Day President Robert L. Haig served as the Dinner Want To Clerk?; Cyberspace Law Forces, which have continued to produce Luncheon and presented the Louis J. Capozzoli Chair. Committee’s Head in the Clouds? Implications thoughtful and thought-provoking reports on Gavel Award to Hon. Carmen Beauchamp of Cloud Computing; Women’s Rights and important policy issues. I would like to extend Ciparick, Senior Associate Judge, Court of PUBLIC FORA AND EVENTS Foreign & International Law Committees warm thanks to my fellow officers over the past Appeals. Hon. Cyrus R. Vance Jr., New York Civil Rights & Liberties, Education Law and Justice Center’s A Local and International year, and to wish James Kobak Jr. and next County District Attorney, delivered the Law and Law-Related Education Committees and Perspective on Afghanistan – U.S. Efforts year’s officers great success. There are too Day remarks. the New York Women’s Bar Association’s Toward Equality for Afghan Women; many members of NYCLA’s Executive In May, the Law and Literature Committee Second Annual Gang Prevention Conference: Criminal Justice Section, the National Committee and Board of Directors to name hosted its fifth annual Law and Literature Award Social Evolution in the Age of Obama – From Association of Criminal Defense Lawyers and individually, but all have contributed to Reception, presenting the award to Annette Gang Communities to Community Service, the New York State Bar Association’s Criminal NYCLA’s achievements this year, and some Gordon-Reed, professor of law at New York with keynote speaker Dr. Robert P. Moses, Justice Section’s Problem-Solving Courts have made individual contributions that were Law School and winner of the 2009 Pulitzer civil rights pioneer with the Student Nonviolent Symposium: The Pros and Cons of Treatment truly heroic. Heartfelt thanks to all of you. Prize in History for her book The Hemingses of Coordinating Committee; Criminal Justice in the Criminal Justice System; and I also would like to extend my warmest Monticello: An American Family. Section and Government Counsel Cyberspace Law Committee’s Click on the thanks to NYCLA’s staff, without whom Committee’s inaugural Intern Night 2009, a Dotted Line: Internet Website Privacy Policies. NYCLA could not do one-tenth of what it ANNUAL DINNER networking and informational symposium; achieves. In addition to the “normal” problems On December 15, 2009, more than 1,000 Criminal Justice Section and Justice of coordinating the activities of many lawyers, th NYCLA FOUNDATION lawyers and judges attended NYCLA’s 95 Center’s It’s Not Just a Summons!; Under the leadership of former Board Chair they have risen to the challenge of a changing Annual Dinner at the Waldorf Astoria with the Environmental Law Committee’s Green M. Robert Goldstein and former President legal environment and the deepest recession theme, “Hail to the Chiefs!,” celebrating the Building Innovations in New York City; James B. Kobak Jr., the Foundation raised over since the Great Depression, striving to find invaluable work that the leaders of the federal NYCLA Foundation’s Fabulous Fall Fashion $1.6 million through the Centennial Capital ways to accomplish more with fewer resources. and state courts in New York have done on Benefit, a shopping event benefiting the Campaign to invest in much-needed repairs to I salute each of NYCLA’s department heads: behalf of their courts and our legal system. Foundation; Non-Profit Organizations and the Home of Law. The Foundation’s grants to Anita Aboulafia (Communica-tions), Harriet Hon. Robert M. Morgenthau, retiring District Women's Rights Committees’ Everything NYCLA enabled the Association to replace Astor (Membership), Bari Chase (Continuing Attorney of New York County, was presented You Need to Know About Getting and Serving roofs, repair and clean the façade and install Legal Education), Lois Davis (Pro Bono), and with the Boris Kostelanetz President’s Medal on Non-Profit Boards; Task Force on new windows. Current Board Chair Klaus Daniel Jordan (Library). My final, and deepest, by Hon. Sonia Sotomayor, Associate Justice, Professionalism’s Report and Panel Eppler and President Stewart Aaron are com- thank yous are to Counsel Marilyn Flood (who U.S. Supreme Court, who served as an Discussion on the Mentoring Experience; mitted to continued fundraising through the also serves as Executive Director of the Assistant District Attorney in the DA’s office Elder Law, Law & Literature and Senior Second Century Campaign for the building and NYCLA Foundation) and Executive Director NYCLA projects, as well as special fundraising Sophia Gianacoplos, who together were for programs such as the Summer Minority responsible for leading NYCLA and the Judicial Internship Program. Support for NYCLA Foundation through the past year. NYCLA through the Foundation takes many Both have made extra contributions, above and Check Out NYCLA’s forms, from direct gifts and pledges to remem- beyond their year-in, year-out responsibilities, bering NYCLA in one’s will. NYCLA and the that have enabled NYCLA to address the press- Foundation gratefully acknowledge the firms ing needs of preserving its home. Online Job Postings and individuals who have contributed to the In sum, thank you to all who made the past well being of the Association and its land- year productive and successful. I look forward marked building. to the next year, with the firm expectation that Log on to www.nycla.org and click on Jobs in the Members Only section. it will add to NYCLA’s traditions and achieve- ments. IN MEMORIAM Recent listings include: The NYCLA community was saddened by The New York City Law Department Family Court Division the death of the following members over the Office of the Manhattan Borough President past year. We pay tribute to those departed friends who served NYCLA so well: Brooks R. Immigration/Criminal Staff Attorney – The Legal Aid Society Burdette, David Francis Davidson, Lester Counsel to the New York County Public Administrator Dolin, Robert S. Gettinger, Henry Kohn, Paul Ann B. Lesk F. McAloon, James P. McMahon, Stephen L. May 27, 2010 Post Your Job Openings on NYCLA.org – At No Cost! Are you looking for a qualified lawyer to fill a position? NYCLA will post your job on its Members-Only website, making it visible to over 10,000 attorneys and law students. Simply email your job description, including instructions on how to apply (please send as an attachment, preferably in PDF format), to [email protected]. Substance Abuse Hotline Attorneys, judges, law students and members of their immediate families can get For more information, please call Alanna Gluck at 212-267-6646, ext. 209. confidential help with alcohol or substance-abuse problems 24 hours a day, seven days a week, by calling the toll-free hotline - 800-255-0569. June 2010 / The New York County Lawyer 15 SERVICE DIRECTORY

OFFICE SPACE SERVICES

OFFICE FOR RENT LAWYER TO LAWYER Reach 27,000 members of the MALPRACTICE Wall Street Office LEGAL MALPRACTICE SECURITIES LEGAL PROFESSION in NEW YORK, Starting at: $79/month LITIGATION • Beautiful corporate setting Accepting Referrals LAW BROOKLYN, QUEENS, NASSAU • Attended reception area Of Significant Matters John E. Lawlor, Esq. • Furnished offices From The Profession Securities • Conference rooms Arbitration / Litigation; and SUFFOLK COUNTIES. (hourly rental) YgZ • Video conferencing 516-747-2478 FINRA Arbitrations; • Support professional services YgZ Federal and State CALL TODAY Securities Matters at 110 Wall St., 11th Floor Thomas J. Stock (800) 205-7685 & Associates (516) 248-7700 Serving The Legal Profession 129 Third Street 866-867-9121 For Over 24 Years 88 Second Street Mineola, NY 11501 www.yourwallstreetoffice.com Mineola, NY 11501 johnelawlor.com [email protected] Early Career Attorneys Can Develop Clients by Identifying Referral Sources By Russ Korins, Esq. Junior attorneys joining a firm Other professional experience LLC, assists law firms and attorneys with should learn about the firm’s or interests can be helpful in practice development and marketing. For attorneys early in their careers, a ideal clients and the ways the attracting clients. Perhaps the lack of experience does not need to stand firm has found its best clients in attorney selected a certain practice Hit the Ground Running: Practice in the way of developing clients. Younger the past. Are the firm’s best area because of a longstanding Development for Junior and Summer attorneys can start immediately on build- clients from a specific industry, interest in its issues or clients or Associates How can junior and summer ing the foundation of their practice by of a specific size, or individuals because of a previous job working associates approach their work to gain prac- identifying the best referral sources for in certain careers or situations? in a related area. Such inspirations tice-development skills? In this seminar, their work. Understanding ideal clients can be powerful in attracting attendees will learn how to make the early Many law firms rely on referrals for busi- allows for a faster contribution to a firm’s clients because people remember these stage of their careers a meaningful founda- ness. The goal of any attorney is to be the growth. kinds of personal details. Connecting at least tion for attracting clients. They will learn attorney named when someone asks for a For junior attorneys practicing in more part of your current work to previous expe- how to identify ideal clients of their firms referral. Knowing what kinds of people are than one area or as generalists, it is benefi- rience or other interests is far more effective and how to locate promising leads among most likely to name you as a recommended cial to identify ideal referral sources for than simply telling people that you work as the people they already know. attorney is the key to developing clients. each of multiple specific practice areas. a lawyer without any other information. When an attorney has decided on an area or Then, when speaking with contacts about Many law school graduates begin their Speaker: Russ Korins, Esq., founder areas of practice, he or she can determine your work, target what you emphasize careers under the impression that partners of Russ Korins Consulting LLC, devel- who among friends and contacts are most about your practice based on what they do. are solely responsible for developing a oped a specialty in professional services likely to be a referral source. For example, As an example, consider a junior associate firm’s client base. However, every early- firms after working as an attorney in a law an attorney practicing business law might working on both real estate and business career attorney, no matter how inexperi- firm. He has consulted for business owners pay close attention to other business-serv- law matters. If that associate is speaking enced, already has relationships, connec- since 1999, written articles and given sem- ing professionals, such as accountants, with a real estate broker about work, it is tions and interests essential to building a inars on business development and mar- bankers and other commercial lawyers. A best to talk more about the real estate work client base. Identifying the most likely keting for attorneys. family law or matrimonial associate is like- first because the broker can potentially sources of new business and the most mem- ly to receive referrals from others involved refer clients buying and selling homes. orable reasons for a practice area is a critical Date/Time: Tuesday, June 29 - 6:00 PM in family matters, such as doctors, financial Asking professional contacts questions first step in the business of legal prctice that Location: 14 Vesey Street planners and trusts and estates lawyers. about their work or their life is an effective anyone can take immediately. FREE and open to NYCLA members Identifying these referral sources can take way to learn the best things to tell them only RSVP: [email protected] place even early in a career. about your own practice. Mr. Korins, Russ Korins Consulting (space is limited)

Rachel Hirschfeld Veronica Elise Frösen Meet The Chairs Law Office of Rachel Hirschfeld Law Offices of Yu & Associates, PLLC, Associate Co-Chair, Animal Law Committee Vice Chair, Animal Law Committee (Continued from page 8) Rachel Hirschfeld, a nationally known expert in Veronica Frösen practices primarily in the areas of Kim Bressant-Kibwe estate planning and advocate for people and their immigration, civil litigation and federal litigation. Ms. American Society for the Prevention of Cruelty to pets, was one of the first attorneys in the country to Frösen has experience in family, real estate and employ- Animals (ASPCA), Trusts and Estates Counsel focus on the practice area of animal law. She works ment discrimination law. She has also worked with Co-Chair, Animal Law Committee closely with many animal shelters and sanctuaries, domestic violence victims, helping them to successfully Kim Bressant-Kibwe co-chairs NYCLA’s newest com- and is a frequent author and lecturer, often quoted in obtain VAWA and U-Visa status in a non-profit organi- mittee, the Animal Law Committee, which provides a newspapers, legal journals and other media outlets, zation. She currently works extensively in the area of forum for discussion, debate and, where it deems appropri- including: ABC Nightline, CBS Early Show, The Wall refugee and asylum law. ate, recommendations to the Association concerning the Street Journal, CNN and The Today Show. Ms. Ms. Frösen has always been dedicated to the protec- intersection of animal law and other practice areas, such as Hirschfeld works with the animal committees of the tion of animals through activism and advocacy. She criminal, housing, tort, trusts and estates, matrimonial and American Bar Association, New York City and New helped establish the first Student Animal Legal Defense international law. Animal welfare issues include orders of York State Bar Associations and is a member of the Fund Chapter at New York Law School and assisted in protection, disaster planning (what to do with a pet during National Academy of Elder Law Attorneys, where the establishment of the Alliance for the Safety of and after a disaster) and animal-cruelty and trafficking she serves on the Advanced Programming and Animals and People Program within CONNECT, Inc. laws. Ms. Bressant-Kibwe has worked at the ASPCA for Education Committees. She is the author of PETRI- She currently volunteers with the ASPCA and aspires to more than ten years. She previously was an estate and busi- ARCH: The Complete Guide to Financial and Legal become an animal law attorney, working on legislation to ness-planning advisor for American Express Financial Planning for a Pet’s Continued Care (published by combat breed-specific legislation. Advisors and, prior to that, had a private practice focusing the American Institute of Certified Public Ms. Frösen received a B.A. with honors in on estate and business planning. Accountants), the first textbook published by the International Relations from the University of California She has written articles for the ASPCA member publica- accounting profession on pet protection laws, avail- at Davis. She graduated with honors from New York tion on the topic of pet trusts, has been a guest speaker on able at www.cpa2biz.com. In addition, Ms. Law School in May 2009. local radio stations and has been quoted in numerous print Hirschfeld’s Pet Protection Agreement is available and online publications, including The Wall Street Journal, through LegalZoom.com, an online document service Committee Plans Investment Advisor.com and Women’s World Weekly, reaching millions of people. The Animal Law Committee plans to sponsor continu- especially after the death of the billionaire New York City Ms. Hirschfeld has interned in U.S. Attorney ing legal education programs, seminars and public hotel operator and real estate investor, Leona Helmsley. General Janet Reno’s office in the Department of forums; prepare comments on cases, advisory reports Ms. Bressant-Kibwe received a B.A. cum laude from Justice in Washington, D.C. and for Hon. William G. on proposed legislation and amicus briefs pertaining to Cornell University and J.D. from Georgetown University Bassler. She is an honors graduate of Yeshiva pending litigation or appeals; and provide legal Law Center. University’s Benjamin N. Cardozo School of Law. resources for attorneys in diverse practice areas 16 June 2010 / The New York County Lawyer Picture yourself in front of 27,000 New York lawyers.

It’s a good place to be. Especially if your firm provides services to the legal profession. Whether it’s lawyer-to- lawyer or business-to-business, your advertisement in our network of legal publications puts your message in front of more than 27,000 attorneys, judges and legal professionals in five metro New York and Long Island counties. Let us put you there.

NEW YORK COUNTY LAWYER - QUEENS BAR BULLETIN - BROOKLYN BARRISTER - ATTORNEY OF NASSAU COUNTY - THE SUFFOLK LAWYER

5 PUBLICATIONS ONE CALL ! 866-867-9121

LEGAL MEDIA PUBLISHING - A DIVISION OF LONG ISLANDER NEWSPAPERS - 149 MAIN STREET, HUNTINGTON, NY 11743 P 631.427.7000 - F 631.427.5820