JANUARY 2009 | VOL.24, NO.1

Looking out for our Members in this issue… and the Community Professional Development Workshop Series: PATRICIA M. HYNES, President The Essentials In good times and bad, the Bar looks out for its members back page and contributes to the greater community. In 1946, a lot of Americans were resuming careers they had put on hold to serve in World War II, including Navigating Your Career lawyers seeking to return to their profession in a world with promise of an through Troubled economic boom getting underway. The question was how to connect the Waters – How to Turn returning lawyers to new and emerging opportunities. And so the City Bar, Crisis into Opportunity along with the New York County Lawyers’ Association, started the Legal page 10 Referral Service to help with career placement.

City Bar Justice Again, during the downturn of the early 1990s, the Association invigorated its efforts to help Center’s Legal Clinic lawyers in transition to enhance their career opportunities. In that process, the City Bar built for the Homeless a series of programs that assist lawyers with their career options. page 6 Today, the Association is continuing its efforts to serve its members in difficult economic times. The Legal Referral Service is greatly expanded and continues to provide opportunities for experienced Will Compliance with attorneys to build their practice, as the accompanying article illustrates. We encourage our members International Law Make to apply to the Service to be included on its panels, because you never know when someone will call

Us More Secure? looking for your practice area. continued on p. 2 Advice for the New Administration page 9 The Legal Membership has its

Executive Committee Referral Service Career Benefits Members: Classes of In 1946, the New York City subway cost a The New York City Bar is acutely aware of 2011 & 2012 nickel, a first-class postage stamp three cents, the effects the economy is having on our page 22 a gallon of gas 15 cents, and, in its first year members and law firms across the city. That’s of operation, the median fee for the work why we’re working to make our existing Ethics in the referred by the Legal Referral Service (LRS) programs stronger and developing new net- Electronic Age – CLE was five dollars. working and career development resources page 16 Today, 11 LRS lawyers and paralegals field up to assist all members, from those just starting out to more experienced attorneys who are Twentieth Century Traveler: to 700 calls a day, answering in an average trying to find a new position or re-enter the The Life and Perilous Times of 20 seconds. As they interview and counsel profession. The following highlights some of the Hon. Bentley Kassal callers—in English, Spanish or almost any of the career development programs currently page 9 language in the world through a real-time telephone translation service—they search available at the City Bar. continued on p. 19 continued on p. 3 Contents looking out for our members and the community: continued from p.1

Looking out for our Members We are also enhancing our professional development and career development programs for lawyers and the Community 1 in all stages of their careers. A new initiative this year, Young Lawyers Connect, helps lawyers entering the practice to network and learn about the advantages the Association has to offer. The Legal Referral Service 1 In this issue, you will see a list of upcoming events in these areas.

Membership has its Our commitment to our members is matched by our commitment to all those affected by the Career Benefits 1 economic downturn. The poor will need greater access to legal services, and the City Bar Justice Center will need to increase its ability to provide those services. This creates an opportunity to Homeless but not Helpless 6 serve both our members and the public. Lawyers who are seeking to increase their experience and develop their expertise should consider volunteering for the City Bar Justice Center’s pro bono City Bar Events 8 projects, such as the Legal Clinic for the Homeless featured in this issue. In doing so, you will be Calendars 12 helping those in need of legal services, whose needs are growing as they bear a disproportional share of the economic misfortune. You will also have a great chance to get training and experience CLE Courses 14 in a new field and develop skills by handling pro bono cases under the direction of the Center’s excellent staff attorneys. One of the great by-products of the pro bono experience is that it benefits Committee Reports 20 a lawyer’s career while helping a client’s life. Nominees for City Bar Through good times and whatever storms may lie ahead, the Association will continue to serve Officers & Committees 21 its members while maintaining its role as a leader in shaping ethical standards and public policy, Executive Committee improving access to justice, and generally doing great work that makes a difference. Member Profiles 22 January 2009 CLE Registration Form 23 Fall Events at the City Bar Professional Development Workshop Series: The Essentials back page

44th Street Notes

Editor Eric Friedman

Associate Editor Christina Bruno Pulitzer Prize-winning journalist Linda Greenhouse (left), with Hon. Ruth Bader Ginsburg and New York City Bar Graphic Design Curio Design LLC President Patricia M. Hynes on November 18th, when Greenhouse delivered the Justice Ruth Bader Ginsburg Marketing Director Adele Lemlek Distinguished Lecture on Women and the Law.

Advertising Alison Fidler 212.382.6753 Daniel Seid 212.382.4742

Executive Director Iftikhar Muhammad Chaudhry, who was removed as Barbara Berger Opotowsky Pakistan’s Chief Justice by former President Pervez Musharraf Forty-Fourth Street Notes (ISSN 10791019) and became a symbol of the movement for judicial and is published monthly except July and August lawyer independence in Pakistan, was presented on No- for $25 per year by The Association of the vember 17th with honorary membership in the Association Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6604. Periodicals by City Bar President Patricia M. Hynes and Jed S. Rakoff, postage paid at New York, NY. Postmaster: United States District Judge for the Southern District of Send address changes to Forty-Fourth Street New York and Chair of the City Bar Honors Committee. Notes, 42 West 44th Street, New York, NY 10036-6604. For subscription information, please call 212.382.6656.

Printed on recycled paper. NY Law Journal/Rick Kopstein NYC Bar Members: Flanked by Chief Judge Judith S. Kaye (right) and City Bar To change your address, please contact President Patricia M. Hynes, New York Governor David A. 212.382.6665 or [email protected]. Paterson addressed a packed Great Hall on December 9th www.nycbar.org as Chief Judge Kaye received the New York City Bar’s Association Medal.

2 | 44th Street notes | january 2009 www.nycbar.org Other Member Benefits membership has its career benefits: continued from p.1 City Bar Programs and Events As a City Bar Member, take advantage of In addition to the hundreds of programs produced each year on a variety of topics, the these additional special offers and discounts. City Bar has created several targeted and ongoing program series to respond to different Access Legal Databases Anywhere segments of the legal community. The series are a great way to build relationships with – Westlaw forms other attorneys and find the specific resources that are right for you. – heinOnline – Michigan Law Library The Professional Development Workshop Series:Six breakfast workshops presented by Digital Database leading consultants and experts aimed at providing mid-level associates with the skills they – LexisNexis need to be successful in their careers (see back page for more information) City Bar Library Young Lawyers Connect – First Thursdays: Monthly social events, such as salsa dancing – Wireless access and sushi making, for young attorneys to expand their professional contacts and be part – Computers with free Internet service of a larger community – Free access to Westlaw and Lexis – Low-cost copy services Break from the Law: A City Bar Initiative for Practicing and Re-entering Lawyers: Small Law Firm Center Six programs developed by the Committees on Career Advancement and Management – Free attorney workspace and and Women in the Profession to assist re-entering attorneys; topics include getting ready conference room for the interview process, networking in a social setting and what’s new in technology – online discussion forum The Small Law Firm Luncheon Series: A three-part luncheon series focused on growing – Free member postings page – CLE discounts your practice through budgeting, marketing and client outreach – E-newsletter Committee on Career Advancement and Management: A variety of programs each year – Annual symposium on a range of topics, such as non-traditional career paths, intelligent interviewing and life Hold Meetings and Events after the firm at the Association continued on p. 4 – Special member rate for use of rooms – Modern amenities and on-site catering – Accommodate groups of four to 400 Car Rentals – Avis – Budget – hertz Financial – Bank of America Credit Card – uBS Brokerage Services – Chase Home Mortgage Credit Card Processing Services – The Law Firm Merchant Account Office Resources – RPost Registered Emails – DHL – FedEx Website Development & Marketing – Findlaw Insurance – uSI Affinity (Professional Liability, Workers’ Compensation, Disability Income) – Marsh (Health Savings Accounts, Long Term Care Insurance, Term Life Program, Business Overhead Expense, and more)

For details on all of these products and services, visit www.nycbar.org and click on the Benefits link.

www.nycbar.org january 2009 | 44th Street notes | 3 Lawyer Assistance Program The New York City Bar Lawyer Assistance Program is a free, confidential service available to New York City attorneys, judges, law students and their family members who are struggling with alcohol or drug abuse, depression, anxiety, stress or other addictions and mental health issues. Online Career Resources When you can’t make it to City Bar events, use the Your Career section of www.nycbar.org to network and enhance your skills online. These easily accessible resources allow you to work on many aspects of your career at any time. Professional Development Discussion Forum: An online community where you can gain helpful information and share your own insights Young Lawyers Connect – You’ve Passed the Bar Celebration Ask the Experts: Got a question that’s been nagging you? Submit it online and our experts will answer it Career Counselor Referral Program Career Development Podcasts: Useful career guidance on the go Launched this month, the Program provides members with a referral for a one-on-one session with an experienced career Young Lawyers Connect E-Newsletter: Features an article from counselor. This program is open to all members who are a leading consultant and highlights of programs and resources of admitted to practice and recent law school graduates. Eligible interest to young attorneys members can meet with a participating counselor for an initial Members-Only Online Directory: Use this directory to connect one-hour session for a fee of just $100. with 23,000 other City Bar Members; search by firm, committee, Continuing Legal Education practice area, firm size, law school, and more Members receive up to 35% off regular prices on CLE programs Free Vault Online Career Library: Download Vault and products. The City Bar provides 150 live CLE courses guides or use other career tools at no charge annually, ranging from 1.5 to 8 hours, along with online programs, Legal Career Center: Post your resume and search for DVDs, books and podcasts. While CLE courses are a requirement legal job openings of the profession, they are also an excellent way to develop new skills and gain knowledge in a variety of areas. The City Bar Center for CLE is a New York, California and Illinois Many of our benefits are available through the password- accredited provider. protected Members Only page at www.nycbar.org. For any questions about Member Benefits, please contact Committee Membership our Membership Department at [email protected] As a member of the City Bar, you can apply to join one of 160 or 212.382.6665. committees, which cover a broad range of practice areas and interests. As a committee member, you will work closely with colleagues from a range of fields and backgrounds in developing programs and reports that frame public debate on pressing legal issues and influence local and national policy. Pro Bono Opportunities Volunteer with the City Bar Justice Center and supplement your daily work or keep active while in transition as you assist New York’s most underserved individuals through our various pro bono legal projects. Attorneys may earn one CLE credit for every six hours of eligible pro bono legal service (to a maximum of six pro bono CLE credits per reporting cycle). Legal Referral Service The Legal Referral Service, run by the City Bar and the New York County Lawyers’ Association, provides referrals to pre-screened attorneys. (See cover article) © Collection 1974 Joseph Mirachi from cartoonbank.com. All Rights Reserved.

4 | 44th Street notes | january 2009 www.nycbar.org www.nycbar.org january 2009 | 44th Street notes | 5 justice center updates

Citigroup volunteers provide legal assistance to the homeless at The The Legal Clinic for the Homeless team: Briarwood Family Residence in Queens. From left to right: Natasha (from left to right) Jessica Swensen, Lisa Pearlstein Shepard, Marcia Sheldon, Mara Bryne and Eileen Skuse and Mary Ashby Brown Homeless but not Helpless

In 2007, approximately 9,000 families stayed in New York City’s “When the welfare agency employees hear there’s an attorney on homeless shelters each night. It was the worst year for family the other end of the line, they pay more attention,” said Whitney homelessness in the city’s modern history, and the current Potts, an associate at Holland & Knight LLP who has volunteered economic climate has only made a bad situation worse. at the Regent Family Residence on the Upper West Side of since she was a student at Columbia Law School. The New York City is one of the most expensive urban areas for food cases often require minimal involvement on the part of volunteer in the United States. reported in June, lawyers, but lead to the satisfying and substantial outcome of 2008, that more than one-third of city residents have trouble gaining thousands of dollars in restored or new benefits for clients. affording food. Rising prices force families to make difficult choices between food and other necessities, and because of the In one case, Ms. M., a Spanish-speaking homeless mother of skyrocketing cost of transportation, the cost of fresh foods has two—a 19-year-old daughter with Down’s syndrome and acute risen dramatically, inhibiting healthful diets. In the shelter system, leukemia and a nine-year-old daughter with severe learning where half of all residents are children, the lack of an essential diet disabilities—came to a Justice Center legal clinic at her shelter. has a critically detrimental impact on growth, development and She was desperate for help since the City welfare agency reduced learning. Additionally, the purchasing power of food stamps has her public assistance benefits from $218 to $109 per month, declined as the amount in food stamps provided to individuals because she failed to comply with the City’s requirement that and families has not matched the rising cost of food. public assistance recipients go to workfare appointments and assignments. Ms. M. had attempted to explain to agency The Legal Clinic for the Homeless, started in 1991, works with employees that she needed to be with her daughter while she was highly skilled attorneys to ensure that homeless New Yorkers are undergoing chemotherapy, but due to language barriers she was receiving the public benefits they need to cope with the rising not successful. In short order, a volunteer lawyer from Citigroup prices of daily necessities. The project is staffed by Lisa Pearlstein, collected documentation of Ms. M.’s daughter’s medical condition the director, Mary Ashby Brown and Jessica Swensen, along with and hospital stays and sent it to top-level City welfare agency volunteer attorneys. The project primarily assists homeless families administrators, who granted Ms. M. an exemption from participa- and those at risk of homelessness in securing state and federal tion in the workfare program, raised her benefits to their proper public benefits, vital tools in poverty prevention and alleviation. level and restored the benefits that had been cut. Staff and volunteer attorneys offer advice, advocacy and representa- tion on issues such as accessing and contesting denials and Another key issue for the Legal Clinic for the Homeless is domes- reductions of public assistance, Medicaid, food stamps and public tic violence. Women who are fleeing domestic violence make up housing subsidies. approximately one-third of those served by the project. With the city’s domestic violence shelters often at full capacity, survivors In many cases, the clients have tried to advocate on their own spill over into the regular shelter system. “We expect a rise in behalf with little success. Having an attorney or law student domestic violence survivors entering the shelter system as the advocate for them provides another voice to aid in the process. economy worsens,” noted Pearlstein. “We are able to advocate for

6 | 44th Street notes | january 2009 www.nycbar.org special protections in the public assistance system and housing School; Cooley Godward Kronish LLP; Dechert LLP; Holland priorities available to certain domestic violence survivors.” & Knight LLP; Manatt Phelps & Phillips LLP; Merrill Lynch; Reed Smith LLP and Skadden, Arps, Slate, Meagher & Prior to meeting a Legal Clinic for the Homeless volunteer Flom LLP. The New York Community Trust also has supported attorney, Ms. S. had escaped an abusive husband and ended up the project by funding a staff attorney to focus specifically on at a shelter in Manhattan with her two teenage sons. Ms. S. works young women in shelters, who are often in greater need of help 30 hours per week cleaning apartments, and her oldest son works due to lack of life skills and support systems. approximately 25 hours per week at a warehouse store. Working poor individuals in the shelter system must apply to the City for The Legal Clinic for the Homeless staff trains and mentors an open “single issuance” public assistance case in order to access the volunteers, providing intensive case management and support. Work Advantage, a rent-voucher program that moves individuals At least one staff member attends every clinic with the pro bono out of shelters and into their own apartments. When Ms. S.’s pro volunteers, helping to spot and resolve legal issues. Between bono volunteer met her at a legal clinic, Ms. S. had applied five August 2007 and July 2008, the Homeless Project staff and times over the course of five months for an open single issuance volunteer attorneys served 622 individuals and/or families through public assistance case. Each time, although she kept all of her representation, legal clinics, telephone consultations, community scheduled appointments, losing many days of pay in the process, activities and presentations. the City rejected Ms. S.’s application without notice or good reason. Ms. S.’s pro bono volunteer began working on the case If you are interested in volunteering for the Legal Clinic for the immediately by emailing top-level City administrators who Homeless, please contact Jessica Swensen, Project Coordinator, The Legal Clinic for the Homeless team: supervised Ms. S.’s welfare center. Within two days, Ms. S.’s at [email protected] or 212.382.6708. (from left to right) Jessica Swensen, Lisa Pearlstein and Mary Ashby Brown public assistance case was in open single issuance status. Her shelter case manager reports that Ms. S. should be receiving her housing voucher within the next week and able to sign a lease for a new apartment. “We expect a rise in domestic violence survivors The success of the Legal Clinic for the Homeless comes from its entering the shelter system as the economy model of matching law firms, corporate legal departments and worsens. We are able to advocate for special law schools with one of eight participating shelters in Manhattan, Brooklyn, Queens and . Since two to three attorneys/ protections in the public assistance system and paralegals from each partnering firm or school attend the clinics, housing priorities available to certain domestic the project is enhanced by a sense of camaraderie as volunteers encourage others to attend and are able to consult one another violence survivors.” on cases. Current partners of the Legal Clinic for the Homeless include Alston & Bird LLP; Citigroup, Inc.; Columbia Law — Lisa Pearlstein, Director of the Legal Clinic for the Homeless

www.nycbar.org january 2009 | 44th Street notes | 7 CITY BAR EVENTS

Unless otherwise noted, pro- Browning. Months later, this tabloid- Forum: Promoting Diversity grams are free of charge; open loving couple headed for divorce court Among Labor and to all members, their guests and in a lurid, sensational trial. Employment Arbitrators the general public; and held at Attorney Michael M. Greenburg, lawyer the House of the Association. and author, discusses his book about them 7 Wednesday, 7 PM Program information is subject and provides a 21st-century perspective to change. Please check our on what has become part of media culture: This forum will address the under- website at www.nycbar.org for the celebrity divorce. He is joined by New representation of minorities among labor the latest program information. York Supreme Court Justice Rosalyn and employment arbitrators. We will Richter, who presides over a matrimonial discuss the obstacles to becoming an part in New York County. arbitrator and what has and can be done to address the problem. Interested Litigating in the Medical Speakers: MICHAEL M. GREENBURG parties, including labor and employment Malpractice Parts of the Author, Peaches and Daddy practitioners, arbitrators and ADR Supreme Court organizations, are invited to participate HON. ROSALYN RICHTER in a constructive dialogue on these issues. 6 Tuesday, 8 AM – 9 AM Supreme Court Justice, New York County, Matrimonial Part Speakers: HOMER C. LaRUE A panel discussion among experts from the Refreshments will be served. Please register Arbitrator Bench and Bar who sit and practice in the at www.nycbar.org Medical Malpractice Part of the Supreme ROBERT T. SIMMELKJAER Court about the procedures and how best Arbitrator to navigate your way when practicing in Effective Rainmaking MAYRA BELL those parts. General Counsel, New York City Office of Speakers: 7 Wednesday, 6:30 PM Labor Relations HON. SHEILA ABDUS-SALAAM Supreme Court Justice, New York County How do you attract new clients, build EDDIE DEMMINGS new relationships and develop business Former General Counsel, AFSCME, DC37 CARAMIA R. HART in today’s challenging economic climate? Please register online at www.nycbar.org Kopff, Nardelli & Dopf, LLP Come learn proven and effective business development techniques that any attorney JEFFREY M. KIMMEL Salenger, Sack, Schwartz & Kimmel, LLP can implement to become a successful Young Lawyers Connect — rainmaker. You will leave with practical First Thursdays Series The fee, which includes breakfast, is $10 for tips on how to market your practice and members, $15 for non-members. Please register network effectively with prospective clients. Salsa Dance Class online at www.nycbar.org Whether you are a recent graduate or a seasoned attorney, you will leave armed 8 Thursday, 6:30 PM – 8:30 PM with the knowledge to grow your business Peaches and Daddy Dust off your dancing shoes and join us successfully. for a night of salsa, perfect for anyone 6 Tuesday, 6 PM – refreshments; Speaker: who made meeting new people or learning 6:30 PM – program MARK MARAIA to dance a top priority for the New Year. Maraia & Associates, Inc. Enjoy light food and beverages, meet new “Peaches” was a 15-year-old high school Registration by January 5 is necessary. The fee people and learn to dance the salsa with dropout who in 1926 married “Daddy,” is $15 for members, $25 for non-members. top-ranked Latin ballroom dancer Kevin 51-year-old real estate mogul Edward West Lee. Don’t be intimidated—no dance experience necessary.

8 | 44th Street notes | january 2009 www.nycbar.org Kevin Lee has placed top-three in Latin Professional Development Speaker: Dance and performed at the International Workshop Series – The Essentials DAVID J. ROSENBAUM Hustle and Salsa Competition in Miami, Real-Time Computer Services, Inc. Managing Your Career Florida. He has also performed at the Registration by January 12 is necessary. The fee, South Street Seaport Latin Festival in 15 Thursday, 8:30 AM – 10 AM which includes lunch, is $25 for members, $35 New York City. for non-members. Please register on page 11 or And yes, we know that January 8th is In order for attorneys to progress in their online at www.nycbar.org technically the second Thursday of the careers, they must create a personal strategy to achieve success. Attorneys month, but did you really want to go Friday Evening Chamber Music dancing on January 1st? need to look ahead and assess their short-, mid- and long-term professional The fee is $15 for members, $30 for non-members. 23 Friday, 6 PM and personal goals. This program will help Please register online at www.nycbar.org or call 212.382.4723. attorneys establish priorities, formulate Nina Basescu (violin), Bernadette Jentsch career goals and develop an individualized (piano) and Peter Mole (cello) will play a **We will not be able to offer refunds. Please and strategic action plan while exploring Mozart piano trio. sign up if you are ready to learn to dance. ways to meet professional and personal Suggested donation is $10 at the door. objectives. For more information, please e-mail Twentieth Century Traveler: The Participants will learn to: [email protected] Life and Perilous Times of the • Retain their drive and ambition Hon. Bentley Kassal, Judge, • Create tangible steps and realistic goals Will Compliance with International Assemblyman, Harvard Rugby • Stay focused on those goals and avoid Law Make Us More Secure? distractions Champion, World War II Veteran, Advice for the New Administration Photographer, World Traveler Speakers: KATHLEEN BRADY 27 Tuesday, 6:30 PM to 158 countries and Children’s Principal, Brady & Associates Career Advocate Planners, LLC Lawyers have a tendency to believe that CAROL KANAREK, JD, MSW more law is generally good and that greater 9 Friday, 7 PM – reception; Career Management for Lawyers adherence to law is always better. In no area 8 PM – performance is this presumption timelier or more hotly 1.5 transitional/non-transitional NY MCLE contested than in national security. Over practice management credits will be granted. The Entertainment Committee presents the past seven years, the Association has “Twentieth Century Traveler” honoring Fee and registration information is available at www.nycbar.org been working with special fervor to improve Judge Bentley Kassal, 91, Judge of the New U.S. laws affecting national security and to York Appellate Division, First Department See back page for more information on the 2009 ensure compliance with them and with Professional Development Workshop Series. (retired), Assemblyman, Harvard Rugby international law. With the inauguration Champion, World War II Veteran, Photog- of the new Administration, the Association rapher, World Traveler to 158 countries is pausing to ask the most basic question – and Children’s Advocate. David Rosenberg Small Law Firm Luncheon: Will compliance with international law make and John Gardner will serve as Masters of Effective Technology for the us more secure? Among the topics to address Revels. A wine and cheese reception will Small Law Firm are whether the current international legal precede the performance. regime is adequate to provide security and, There is no fee, but please register at Accessible Anywhere, Any Time if not, can it be reformed to do so; whether www.nycbar.org. For further information, working with international organizations please contact Peter William Dizozza, 15 Thursday, 12:30 PM – 2 PM will provide more security; and what are Chair, Entertainment Committee, at Technology exists to help you stay the costs of complying? 917.915.7635 or [email protected]. accessible, productive and reachable Speakers: by clients anytime, anywhere. In this SCOTT HORTON luncheon seminar you will learn some of Columbia Law School, Harper’s Magazine the tools that are available for ubiquitous accessibility, along with potential pitfalls. elisa massimino CEO & Executive Director, Moderator: Human Rights First MARK JOSEPHSON, CPA, CFP, CFE Murray & Josephson, CPAs, LLC

www.nycbar.org january 2009 | 44th Street notes | 9 SAMUEL RASCOFF KENNETH CHIN and a talk by Robert Chender, who is a School of Law Kramer Levin Naftalis & Frankel LLP certified mindfulness meditation teacher Please register online at www.nycbar.org DUANE HUGHES and attorney. There will be time for Executive Director, Morgan Stanley questions and discussion after the talk. No meditation experience is necessary— Break from the Law: A City Bar WILLIAM MIN everyone is invited. Senior Vice President, The Starwood Program Series for Practicing Organization Please register online at www.nycbar.org and Re-entering Lawyers VERA SULLIVAN Making Your Intentions Known: Founder and President, Diversityforce LLC How to Network in a Social Setting For questions, please contact lisapresent@gmail. Save the Date com. Please register online at www.nycbar.org 29 Thursday, 6 PM – 8 PM Final Rounds of the National Moot After time away from the profession, it City Bar Contemplative can be difficult to communicate with Court Competition confidence that you are ready to re-enter Lawyers Group february 2–5, 2009 the workforce. This program will provide 29 Thursday, 7 PM practical tools and techniques for network- First Thursdays – ing in a social setting, including how to Please join us at our monthly meeting, segue from casual conversation to business where we will be continuing our series of Wine Tasting topics, how to hone a message about presentations on “Emotional Intelligence february 5, 2009 yourself and your capabilities and how in Law Practice.” The meeting will include 6:30 – 8:30 pm to tell brief anecdotes that convey your guided mindfulness meditation practice substance without bragging. A cocktail reception will follow where participants can practice their networking skills. Presenter: JAY SULLIVAN Partner, Exec/Comm The fee is $15 for members, $25 for non-members. Please register online at www.nycbar.org

Navigating Your Career through Troubled Waters — How to Turn Crisis into Opportunity

29 Thursday, 6:30 PM – 8:30 PM

The panelists will describe their current experiences practicing law in these economically trying times and will provide some practical insight into navigating your career, whether in private practice or in an in-house context. Moderator: LISA S. LIM Agency Attorney, New York City Housing Authority Law Department

10 | 44th Street notes | january 2009 www.nycbar.org january 2009 Registration Form

Litigating in the Medical Small Law Firm Luncheon Save The Date Malpractice Parts of the 15 Thursday supreme Court The fee, which includes lunch, 6 Tuesday is $25 for members, $35 for The fee, which includes breakfast, non-members is $10 for members, $15 for AnnualAnnual GalaGala non-members

Effective Rainmaking Honoring 7 Wednesday Sullivan & Cromwell LLP The fee is $15 for members, $25 for non-members and Goldman Sachs & Co. Name Number of Reservations for their leadership and dedication Company to public service. Address City State Zip Tuesday, April 7, 2009 Phone

Email City Bar Justice Center th Total Enclosed $ 42 West 44 Street • New York, NY

Please charge to my: Mastercard Visa American Express To reserve your tickets or for more information, please contact Card Number Exp. Date our Gala Office at: Phone (212) 249-6188, Fax (212) 249-2445, Email: [email protected] Signature Please return this form to: Meeting Services, New York City Bar, 42 West 44th Street, New York, NY 10036-6604. Please make checks payable to the Association of the Bar. If registering for additional persons, duplicate this form.

www.nycbar.org january 2009 | 44th Street notes | 11 CITY BAR EVENTS JANUARY 2009

sunday monday tuesday wednesday thursday friday saturday 1 2 3

4 5 6 7 8 9 10 8 AM – 9 AM 6:30 PM 6:30 PM – 8:30 PM 7 PM Litigating in the Effective Young Lawyers Twentieth Century Medical Malpractice Rain­making Connect – First Traveler: The Life Parts of the Supreme 7 PM Thursdays Series: and Perilous Times Court Promoting Diversity Salsa Dance Class of the Hon. Bentley 6 PM Among Labor and Kassal Peaches and Daddy Employment Arbitrators

11 12 13 14 15 16 17 8:30 AM – 10 AM Professional Development Workshop: Managing Your Career 12:30 PM – 2 PM Small Law Firm Luncheon: Effective Technology for the Small Law Firm 18 19 20 21 22 23 24 6 PM Friday Evening Chamber Music

25 26 27 28 29 30 31 6:30 PM 6 PM – 8 PM Will Compliance How to Network with International in a Social Setting Law Make Us 6:30 PM – 8:30 PM More Secure? Navigating Your Advice for the New Career through Administration Troubled Waters 7 PM City Bar Contempla- tive Lawyers Group

12 | 44th Street notes | january 2009 www.nycbar.org CLE COURSES JANUARY 2009

sunday monday tuesday wednesday thursday friday saturday 1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17 6 PM – 9 PM 6 PM – 9 PM 6 PM – 9 PM 6 PM – 8:45 PM 9 AM – 12 PM Subprime Market Use of Data, Estate Planning Ethics in the Securities Meltdown: Information & Primer: Everything Electronic Age: Reporting: The Criminal Credit Reports in You Need to Know Be Careful When Best Practices Prosecutions Begin Housing Court About Estate Using That Cell 3.0 credits* 3.0 credits* 3.0 credits* Planning, But Were Phone, BlackBerry, Afraid (or Didn’t Blog, Social Think) to Ask Network… 3.0 credits* 3.0 credits*

18 19 20 21 22 23 24 9 am – 12 PM 6 PM – 9 PM 6 PM – 9 PM Super Search The Complexities Discovery Engine Strategies of Buy-Sell Techniques in 3.0 credits Agreements: Matrimonial Cases Drafting & 1 pm – 4 PM 3.0 credits* Preparing Made Investigative Simple Research Strategies 3.0 credits* 3.0 credits

25 26 27 28 29 30 31 6 PM – 8:45 PM 9 am – 12:30 PM 6 PM – 8:30 PM 6 PM – 8:15 PM 9 AM – 5:15 PM Ethical Issues in Women in Introduction to Electronic Discovery: Talk Your Way to the the Practice of Real Negotiation: International Law Identifying, Top of the Profession! Estate: What Every Practical Tips to 2.5 credits* Retrieving, Public Speaking Attorney Must Know Strengthen Your Producing & for Lawyers When Handling a Negotiation Skills Preserving 8.0 credits* Transaction (For You and E-Documents 3.0 credits* Your Clients) 2.5 credits* 3.5 credits

*The program provides transitional credit for newly admitted attorneys www.nycbar.org january 2009 | 44th Street notes | 13 CLE COURSES

ADR/ARBITRATION/ STEPHANIE MORSE-SHAMOSH Program Co-chairs: MEDIATION/NEGOTIATION Director N. ADELE HOGAN UBS Financial Services, Inc. White & Case LLP Video Replay Faculty: NORMAN D. SLONAKER Women in Negotiation: DINA R. JANSENSON Sidley Austin LLP Practical Tips to Strengthen Flemming Zulack Williamson Zauderer LLP Mediator/Arbitrator, JAMS Faculty: Your Negotiation Skills Joseph floyd (For You and Your Clients) PROFESSOR CAROL B. LIEBMAN Vice President Clinical Professor Huron Consulting Group Columbia Law School 27 tuesday, 9 am – 12:30 PM BRUCE H. GOLDFARB HON. KATHLEEN A. ROBERTS (RET.) President and Chief Executive Officer Do you feel your negotiation skills can Mediator/Arbitrator Okapi Partners LLC be improved? Are you as effective at the JAMS negotiation table or in day-to-day negotia- RICHARD F. LANGAN, JR. tions as you would like to be? Using Video Replay (includes materials): Managing Partner & CEO Nixon Peabody LLP interactive discussions and humor, this Member $225, Nonmember $335 program, based on characteristics of CLE credit: 3.5 credits total: 3.0 skills & 0.5 linda e. rappaport effective negotiators, will introduce you professional practice. This video replay does not Shearman & Sterling LLP to the perceived differences between men provide transitional credit to newly admitted Mark a. rhodes and women in communicative preferences, attorneys. Director & Associate General Counsel attitudes towards conflict, negotiating Citigroup Global Markets, Inc. styles and ways of processing information. The program, led by highly effective CORPORATE & SECURITIES ANN ROBERTSON negotiators and mediators, will provide Senior Counsel you with practical tips on how to prepare Securities Reporting: First Solar for negotiation and identify the most Best Practices Live Program (includes materials): important aspects of persuading someone Member $225, Nonmember $335 else to agree. It will also expose gender- 16 Friday, 9 AM – 12 PM specific behaviors that undermine power CLE credit: 3.0 credits in professional in negotiation and teach you to equalize This program is an overview of the various practice. This live program provides New York perceived power imbalances. You will SEC reporting forms and recent SEC & California transitional/non-transitional learn how to apply these skills to everyday trends and developments, including how credit to all attorneys. situations for you and your clients, as well to prepare a Form 10-K, Form 10-Q, Form 8-K and a proxy statement. Current trends as how to use negotiating opportunities to in shareholder proposals, how companies continually improve your skills. Men are The Complexities of Buy-Sell are handling the new proxy statement encouraged to attend. Agreements: Drafting & and corporate governance initiatives, Program Co-Chair: developments in executive compensation Preparing Made Simple margaret L. shaw disclosure, best practices related to officer Mediator/Arbitrator certifications under Sarbanes-Oxley, 21 Wednesday, 6 PM – 9 PM JAMS compliance officers’ duties and trends in Most attorneys represent companies that board-level issues will also be covered. In PAMELA R. ESTERMAN have two or more owners, or individuals addition, you will learn the pros and cons Sive, Paget & Riesel related to repricing underwater stock who own interests in businesses. Preparing a options. New disclosure trends related to buy-sell agreement, or the buy-sell provi- climate change and environmental impact sions of a partnership, LLC or shareholders’ as well as difficult market conditions and agreement, involves complex issues of credit issues will be discussed.

14 | 44th Street notes | january 2009 www.nycbar.org corporate and business law, tax law, estate defendants can best defend against these ESTATE PLANNING planning, accounting and insurance, as allegations and the regulatory and civil well as ethical considerations. This course litigation that will accompany or follow Estate Planning Primer: will cover these aspects of buy-sell agree- these charges. Everything You Need to Know ments. The panel includes corporate, tax Program Chair: About Estate Planning, But Were and estate planning attorneys, as well as an MICHAEL C. MILLER Afraid (or Didn’t Think) to Ask accountant and an insurance professional. Steptoe & Johnson LLP 14 Wednesday, 6 PM – 9 PM Program Chair: Faculty: BRUCE D. STEINER DANIEL J. HORWITZ Kleinberg, Kaplan, Wolff & Cohen, P.C. Estate planning attorneys are not the only Dickstein Shapiro LLP practitioners who need to understand trusts Faculty: WILLIAM F. JOHNSON and estates issues. Such issues arise in MARTIN H. ABO, CPA/ABV, CVA Chief Securities and Commodities virtually every matter from corporate to real Abo and Company, LLC Fraud Task Force estate to matrimonial cases. This program United States Attorney’s Office, SDNY will provide non-estate planning attorneys CAROLYN LLOYD-COHEN with a basic understanding of estate CLU, ChFC, AEP, AIF BARRY W. RASHKOVER planning and insurance issues in order for Preferred Pensions LLC Sidley Austin LLP you better to serve your clients’ needs. ISABEL MIRANDA Live Program (includes materials): Program Instructor: Law Offices of Isabel Miranda, LLC Member $205, Nonmember $315 DAVID K. LEITNER Of Counsel, GluckWalrath, LLP Troutman Sanders LLP CLE credit: 3.0 credits total: credit break- HAROLD I. STEINBACH down to be determined. This live program Live Program (includes materials): Steinbach & Associates, P.C. provides New York & California transitional/ Member $205, Nonmember $315 Live Program (includes materials): non-transitional credit to all attorneys. CLE credit: Member $225, Nonmember $335 3.0 credits in professional practice. This live program provides New York & CLE credit: 3.0 credits total: 2.5 skills & 0.5 California transitional/non-transitional credit ethics. This live program provides New York & to all attorneys. California transitional/non-transitional credit to all attorneys.

CRIMINAL

Subprime Market Meltdown: The Criminal Prosecutions Begin

12 Monday, 6 PM – 9 PM

The subprime market meltdown is finally spilling into the criminal courts as prosecutors announce new indictments and arrests. Charges run the gamut from mortgage origination fraud, in which the alleged victims are homeowners and financial institutions, to fraud in the inner sanctums of major hedge funds, in which the alleged victims are investors in fixed-income security funds. A panel of experts will discuss these cases and the viability of the Government’s legal theories. The panel will also address how targets and

www.nycbar.org january 2009 | 44th Street notes | 15 ETHICS Ethical Issues in the Practice of of issuing such subpoenas, e.g., when is a Real Estate: What Every Attorney judge’s signature necessary and how do you Ethics in the Electronic Age: get a commission? Finally, they will Must Know When Handling Be Careful When Using That address preclusion and resolution motions, a Transaction Cell Phone, BlackBerry, Blog, what they look like and when each is 26 Monday, 6 PM – 8:45 PM appropriate. This program is geared to Social Network… attorneys of all levels of experience.

15 Thursday, 6 PM – 8:45 PM A vast majority of attorneys, whether in Program Chair: a small or large firm, will be involved JUDITH WHITE Using technology to communicate with in a real estate transaction in the course Ira E. Garr P.C. clients, the court and the public is a of their practice. There are a great many necessary part of a lawyer’s job. But ethical pitfalls which one may fall into Faculty: incorrectly using these tools can lead to while handling a real estate transaction. Robert z. dobrish Dobrish Zeif Gross & Wrubel LLP disaster, particularly when it comes to Some of these ethical issues are obvious client confidences and secrets. This and others are far more difficult to ira e. garr program will address common mistakes recognize. This updated course will Ira E. Garr P.C. that lawyers have made with cell phones, examine in detail day-to-day ethical issues speaker phones, voicemail, e-mail and that confront real estate attorneys and Joseph t. mullen wireless handheld devices like BlackBerrys. Private Investigator the general practitioner. Special emphasis J.T. Mullen Company, Inc. Additionally, the program will address will be given to conflicts of interest, the new means of sharing documents with holding of escrow monies and title issues. Live Program (includes materials): the court system, with guidance on how to Member $195, Nonmember $305 use these systems ethically and efficiently. Program Chair: Finally, the audience will learn about how GEOFFREY R. MAZEL CLE credit: 3.0 credits total: 1.5 professional the next generation of Internet communi- Hankin & Mazel, PLLC practice & 1.5 skills. This live program provides cations (e.g., blogs and social networks) New York & California transitional/non- Faculty: carry with them even greater risks to go transitional credit to all attorneys. NEIL B. GARFINKEL with their benefits. Abrams Garfinkel Margolis Bergson, LLP intellectual property/ Program Chair: ARTHUR W. GREIG JEREMY R. FEINBERG Attorney at Law internet Statewide Special Counsel for Ethics NYS Office of Court Administration Live Program (includes materials): Video Replay Member $245, Nonmember $355 Faculty: The Cybersleuth’s Guide to JEFREY E. CARUCCI CLE credit: 3.0 credits in ethics. This live the Internet: Super Search Statewide Coordinator for EFiling program provides New York & California NYS Office of Court Administration transitional/non-transitional credit to all Engine Strategies for the attorneys. Legal Professional DAVID A. LEWIS Proskauer Rose LLP 20 tuesday, 9 AM – 12 PM HON. JACQUELINE W. SILBERMANN (Ret.) FAMILY LAW Of Counsel Do lawyers have a “duty to google?” In a Blank Rome LLP Discovery Techniques in recent decision, the court was incredulous Former Deputy Chief Administrative Judge Matrimonial Cases that plaintiff failed to “google” the missing for Matrimonial Matters and Administrative defendant as part of his due diligence Judge, Supreme Court, New York County 22 Thursday, 6 PM – 9 PM process and upheld the defendant’s claim Live Program (includes materials): of insufficient service of process. Effective Member $245, Nonmember $355 A prominent faculty of seasoned matrimo- Internet searching may now need to become nial attorneys will examine three discovery part of every lawyer’s due diligence routine. CLE credit: 3.0 credits in ethics. This techniques/procedures that are regularly live program provides New York & California At this seminar, attendees will learn the best misunderstood. The faculty will first search engine strategies (including advanced transitional/non-transitional credit to discuss the use of private investigators all attorneys. search features at Google and other search for obtaining information and how that engines) that will assist them in meeting information translates into lawful evidence. their research obligations. These search Next they will examine the use of third- engine strategies also serve as the essential party subpoenas and the proper method

16 | 44th Street notes | january 2009 www.nycbar.org building blocks for conducting effective turning to experts, consultants, skip Co-sponsored by: American Society of research at other Web sites. tracers and private investigators, seminar International Law (ASIL) attendees will quickly learn how to be Attendees will receive a copy of Carol Levitt Program Co-Instructors: their own Cybersleuth. and Mark Rosch’s recently revised 330-page PROFESSOR JOSÉ E. ALVAREZ book, The Cybersleuth’s Guide to the Internet, Attendees will receive a copy of Carol Levitt Hamilton Fish Professor of International IFL Press, 2008 – a $59.95 value! This book and Mark Rosch’s recently revised 330-page Law and Diplomacy & Executive Director of is utilized for both “Cybersleuth’s Guide to book, The Cybersleuth’s Guide to the Internet, the Center on Global Legal Problems Columbia Law School the Internet” programs and attendees of IFL Press, 2008 – a $59.95 value! This book both programs will receive only one book. is utilized for both “Cybersleuth’s Guide to LUCY REED the Internet” programs and attendees of Freshfields Bruckhaus Deringer, LLP Program Co-Instructors: both programs will receive only one book. CAROLE LEVITT Live Program (includes materials): President Program Co-Instructors: Member $175, Nonmember $285 Internet for Lawyers CAROLE LEVITT President CLE credit: 2.5 credits in professional practice. MARK ROSCH Internet for Lawyers This live program provides New York & Vice President California transitional/non-transitional credit Internet for Lawyers MARK ROSCH to all attorneys. Vice President Co-authors: The Lawyer’s Guide to Fact This program will not be taped. You will only Internet for Lawyers Finding on the Internet, American Bar have the chance to see it live. Association, 2006 & The Cybersleuth’s Co-authors: The Lawyer’s Guide to Fact Guide to the Internet, IFL Press, 2008 Finding on the Internet, American Bar Association, 2006 & The Cybersleuth’s LITIGATION Video Replay (includes materials): Guide to the Internet, IFL Press, 2008 Member $195, Nonmember $305 Electronic Discovery: Identifying, Video Replay (includes materials): CLE credit: 3.0 credits in professional practice. Member $195, Nonmember $305 Retrieving, Producing & Preserving This video replay does not provide transitional E-Documents credit to newly admitted attorneys. CLE credit: 3.0 credits in professional practice. This video replay does not provide transitional 29 Thursday, 6 PM – 8:15 PM credit to newly admitted attorneys. Video Replay Today’s Internet environment is rife with The Cybersleuth’s Guide to challenges of complex networked environ- INTERNATIONAL LAW ments, outsourced IT vendors, lax the Internet: Investigative document retention policy enforcement, Research Strategies for the Introduction to International Law the risk of spoliation sanctions and new Legal Professional obstruction crimes for mishandling digital 28 Wednesday, 6 PM – 8:30 PM data. Attorneys needing to identify data to 20 Tuesday, 1 PM – 4 PM preserve, review and produce, in the most The current and recent past Presidents of cost-effective way, will benefit from this the American Society of International Law A lawyer’s research involves much more program. The presentation will cover how (ASIL), an international practitioner and than just finding cases and statutes, to identify the relevant electronic data professor respectively, are offering a primer and whether you’re a transactional within a client’s IT system; the methods on international law. The purpose of the lawyer looking for information on a and strategies for preserving and producing course is to provide practicing lawyers who company, a consumer attorney tracking documents and e-mail from computers, did not study international law in law down a defective product, a matrimonial servers, removable media and backup school with a basic overview and to refresh attorney searching for a spouse’s assets, tapes; and the role of computer forensics the memories of those who did. The focus or a litigator looking for a missing witness, in electronic discovery. Key legal issues will be on concepts, sources, actors and the Internet can be an indispensable surrounding the duty to preserve evidence, specialized practices of international law, source of information. including the recycling of backup tapes, with particular attention to the application the backdrop of criminal obstruction laws Nationally recognized Internet trainers and of international law in U.S. law, including and new amendments to the Federal Rules authors of The Cybersleuth’s Guide to the in key U.S. Supreme Court cases. The aim of Civil Procedure will be addressed, along Internet will show you how to find and overall is to assist law firm practitioners in with real case examples on problems to use specific Web sites to unearth factual better advising clients in the increasingly avoid in electronic discovery. and investigative information FREE (or international commercial world. This course at low cost!) on the Net. Instead of first is co-sponsored by ASIL, the leading international law society worldwide. www.nycbar.org january 2009 | 44th Street notes | 17 Program Co-Instructors: Program Co-Instructors: Faculty: ERIC M. FRIEDBERG CONRAD TEITELL carol alt Co-President Cummings & Lockwood Assistant Deputy Chief Clerk Stroz Friedberg, LLC Civil Court of New York WHITNEY NORTH SEYMOUR, JR. JENNIFER R. MARTIN Solo Practitioner Ernesto belzaguy Vice President First Deputy Chief Clerk Stroz Friedberg, LLC Live Program (includes materials): Civil Court of New York Member $375, Nonmember $475 Live Program (includes materials): JAMES B. FISHMAN Member $195, Nonmember $305 CLE credit: 8.0 credits in skills. This live Fishman & Neil LLP program provides transitional/non-transitional CLE credit: 2.5 credits in professional practice. credit to all attorneys. This program is approved WILLIAM WHALEN This live program provides New York & for MCLE credit in other MCLE jurisdictions. Supervising Attorney California transitional/non-transitional credit DC 37 Municipal Employees This program will not be taped. You will only to all attorneys. Legal Services Plan have the chance to see it live. CLAUDIA WILNER Staff Attorney PUBLIC SPEAKING NEDAP (Neighborhood Economic REAL ESTATE Development Advocacy Project) Talk Your Way to the Top of the Profession! Public Speaking Use of Data, Information & Live Program (includes materials): Member $175, Nonmember $285 for Lawyers Credit Reports in Housing Court CLE credit: 3.0 credits total: 2.5 professional 13 Tuesday, 6 PM – 9 PM 30 Friday, 9 AM – 5:15 PM practice & 0.5 ethics. This live program provides New York & California transitional/ In today’s information age, data is easily This intensive and entertaining program non-transitional credit to all attorneys. bought, sold and reported. NYC Housing will use lectures and demonstrations to Court data is available on the open market improve your speaking skills. Learn the and easily accessible. More and more, the Lexis_Westlaw_vertical.qxp 12/19/2007 10:17 AM Page 1 essentials of knowing your audience, reporting of housing court data is becom- selecting a topic, gathering information, ing a problem for both tenants and developing your speaking style, using landlords. Landlord-tenant attorneys often humor, conquering fear, creating an image, are not aware of their obligations, rights DID YOU handling questions and much more. As a or options with regard to the reporting and special feature, the afternoon will include KNOW... use of this data. This training will explore volunteer speaking demonstrations from the difference between credit reports and four attendees, each of whom will present a tenant screening reports, both of which ...that members have three-minute talk and be critiqued by report housing court data and how the free access to fellow attendees as well as the instructors. court tracks this data. It will provide These volunteer talks, which will be LexisNexis and practitioners with an overview of their interspersed with the afternoon lectures, Westlaw in our library? obligation and their client’s obligation will illustrate the techniques and nuances under the Fair Credit Reporting Act and You’ll need your Login of delivery, speaking voice and style. the dangers of not being in compliance and Password to The afternoon session will be a learning with this law. Practitioners also will learn experience for the volunteers, who will access these features. ways to help clients avoid being reported receive skill-sharpening suggestions in a Call the Membership in the first place, removing data from the non-threatening environment, and for the reports and correcting inaccurate data. Department other attendees who will learn by partici- This expert panel also will explore how the at (212) 382-6665 to pating in the critiques. Take advantage court is tracking judgments and what the of this risk-free setting to polish your get yours! implication of this tracking is for clients. speaking skills, become a better orator and deliver more effective networking Program Chair: and marketing presentations. LOUISE SEELEY Executive Director Co-sponsored by: ALI-ABA City-Wide Task Force on Housing Court, Inc.

18 | 44th Street notes | january 2009 www.nycbar.org the legal referral service: continued from p.1 Or the woman who thought her neighbor’s dog might have gotten and browse their database of 600 lawyers, whose specialties are her goat pregnant. While those matters were not referred, the LRS broken down into 30 categories and 120 subcategories. “Right hopes the initial consultation was helpful in some way. of Sepulcher” was one specialty that came up on a recent day. Charne attributes much of the LRS’s success to its rigorous All of this activity is tracked on two screens in the office of Allen application process. “By maintaining high standards for the J. Charne. The affable Brooklyn native has run the LRS since the lawyers we work with, as well as for our lawyers and paralegals early 80s, when it was reorganized and expanded following a who do the client intake, we ensure that our referrals benefit report by Judith Kaye, a City Bar Executive Committee member clients and that more of the lawyers who work with us will be at the time. retained,” Charne said. The LRS offers callers a way to connect with lawyers who are insured and pre-screened for suitability and experience on their particular issue, as well as someone to talk to if they are not satisfied with how their case is being handled. Of all the calls How the Legal Referral Service Works the LRS receives, most do not lead to referrals to lawyers. In these instances, LRS counselors assist callers by providing basic legal The City Bar’s Legal Referral Service provides referrals to information; by referring callers to the City Bar Justice Center, experienced attorneys whose qualifications are carefully Monday Night Law, other bar association clinics or government reviewed with regard to specific areas of law. Callers can agencies; or by just helping callers understand that their problem call the hotline either at 212.626.7373 (English) or may not call for a legal remedy. 212.626.7374 (Spanish) between the hours of 8:30 a.m. and 6:00 p.m. Monday through Friday, submit their phone Over the years, the LRS, which is a joint project of the New York number online to receive a call, or fill out a written request City Bar and the New York County Lawyers’ Association, has for a referral online. All calls and online submissions are become known not just for its efficiency in managing a high confidential. There is no charge for a conversation with an volume of cases, but for the newsworthy nature of some of the LRS counselor, or for a referral to an attorney. Clients referred cases themselves. As something of a “legal first responder,” the to a lawyer are entitled to an initial half-hour consultation, LRS has been involved with tragedies like the Happy Land Fire which is free if related to an injury due to an accident or a and the TWA and other plane crashes in New York City. faulty product, medical negligence, worker’s compensation In 2001, its experience in handling 100,000 calls per year enabled or Social Security claim. If the call is about any other legal the LRS to help manage the enormous call volume as the City Bar problem, a half-hour consultation with an experienced lawyer Justice Center responded to 9/11 by organizing free legal services will cost $35. If further consultation with or representation for victims. As it happened, just months prior to 9/11, the LRS by the lawyer is required, the fees to be paid for the attorney’s acquired the legal referral website iLawyer.com, and after 9/11 put services are agreed to between the client and the lawyer. it to work on behalf of victims. LRS also set up an emergency website for referrals and sorting out conflicts. For its contribution, Application Process the LRS was honored with the ABA’s Cindy A. Raisch Award Lawyers who want to apply for a legal referral panel can in 2002. download application materials at the City Bar website, www.nycbar.org. The application form contains information Over the years, some LRS-referred cases have been in the news about the requisite experience, writing sample and interview because they’ve involved a name, such as Leona Helmsely when process. All panel members are required to carry professional she fired and evicted her chef while he was on vacation without liability insurance. regard to his tenant rights. The LRS is also known within the legal community for successfully referring cases no lawyer had previ- For application materials, a FAQ and other information, ously wanted to take. The World Yacht case, in which waiters please visit http://www.nycbar.org/LRS/index.htm. claimed their banquet tips were being illegally kept by the cruise Interested attorneys who have questions about the application line, was won by a small firm in the New York Court of Appeals process can contact Clara Schwabe, Managing Attorney, at after it had been turned down repeatedly by other firms. 212.382.6715 or Allen Charne at 212.382.6775. Sixty years of legal calls in New York City inevitably involve cases that are out of the ordinary, although they are more often than not described by clients at intake as naturally as if they were describing a routine problem in, say, Surrogate’s Court. We’re thinking of the gentleman who came in soaking wet on a sunny day, reporting that aliens had abducted him and dropped him into the East River.

www.nycbar.org january 2009 | 44th Street notes | 19 COMMITTEE REPORTS Civil Rights Report expressing support for City Council Intro. No. 826, the unavailable by virtue of convictions. The report offers two Access to Reproductive Health Care Facilities Act, which would suggested amendments to the bill: first, to permit the disclosure balance the protection of protesters’ rights to peaceful expression of the sealed record to Family Court or any other court that may against the rights of clinic patients, doctors and other staff to be dealing with any issues regarding the care, custody or visitation access and deliver health care services without being subjected to of children where the petitioner is involved, and second, to allow a threatening harassment or physical assault. The bill would amend person to reply in the negative to the question “Have you ever been New York City law by eliminating the current requirement that convicted of a felony or misdemeanor?” where the only convictions prosecutors must prove that protest activities are undertaken with on the person’s record have been conditionally sealed. the specific intent to prevent a patient from obtaining, or clinic staff from rendering, reproductive health care services; expanding Environmental Law the definition of protected premises to include the parking lots, Comments to the New York State Department on Environmental driveways, entryways and exits of reproductive health care Conservation on the Department’s Draft Guide for Assessing facilities; clearly defining prohibited conduct as obstructing clinic Energy Use and Greenhouse Gas Emission in Environmental access, including by unwanted physical contact, threatening Impact Statements. The comments commend DEC in moving physical harm, or physically damaging or interfering with the forward on addressing climate change and taking a leadership operations of a clinic; and prohibiting the following and harassing role in developing regional programs that could serve as a model of any individual within 15 feet of a reproductive health clinic. nationally, while offering a number of suggested changes.

Criminal Justice Operations Estate and Gift Taxation Report recommending that Section 440.10 of the Criminal Letter to the IRS providing comments on the proposed revenue Procedure Law, which governs motions to vacate judgments, ruling regarding the estate, gift, generation-skipping transfer be amended to allow all ineffective assistance of trial counsel and income-tax issues that are associated with the establishment claims (IAC claims) to be raised on collateral review: first, because and administration of trust companies that are family-owned or some IAC claims are subject to reasonable disagreement as to controlled (private trust companies). The letter makes a number whether they are reviewable on the record, defendants can be of suggestions for clarification, including that the IRS’s objective unfairly subjected to procedural bars if they choose the wrong of confirming certain tax consequences of the use of a private forum; second, the trial court, which presided over the trial, is trust company that are not more restrictive than the consequences often in a better position to make the first assessment of trial that could have been achieved by a taxpayer directly can best be counsel’s performance; third, the current scheme requires piece- attained if the Service’s guidance is limited to transfer tax issues. meal litigation of IAC claims that are, in part, record based and, in part, non-record based; and fourth, when trial counsel serves Futures and Derivatives Regulation as counsel on appeal, a defendant effectively waives any IAC claims that are based on the record. The proposed amendment Letter to the Federal Trade Commission offering comments on would encourage that IAC claims be brought in the preferable a proposal by the FTC regarding market manipulation and false forum, prevent piecemeal litigation and avoid causing defendants information. The letter commends the Commission’s commitment who have the same lawyer at trial and on appeal to forfeit IAC to promulgating a clear legal standard for market manipulation claims. The report includes suggested draft legislation. while offering a number of comments, including: the proposed rule should clarify the intent element that would apply to the instance of frauds deemed to be market manipulation; the effect Criminal Law of allegedly manipulative conduct on market prices can in some Report expressing support for A.4552, which would permit the circumstances be relevant to the determination of a violation; and conditional sealing of certain drug and marijuana convictions. the Commission should refrain from asserting jurisdiction over Conditional sealing of the designated convictions will allow many Commodity and Futures Trading Commission-regulated com- New Yorkers the opportunity to secure housing, employment, modity futures transactions and prices. education and vocational training that would otherwise be

20 | 44th Street notes | january 2009 www.nycbar.org President Letter to the FDIC urging that IOLTA (Interest on Lawyer Trust Accounts) be covered by the Temporary Liquidity Guarantee Program (TLGP) regardless of the amount in the account. This program provides insurance to certain deposit accounts regardless of amount. The letter argues that OI LTA accounts should be p Fordham University School of Law won the regional rounds of the 59th Annual covered because they are, in effect, non-interest bearing accounts National Moot Court Competition, which took place on November 20th at and because not to include them would greatly reduce a private, the City Bar. The winning team is pictured above with the Bench for the regional widely accepted stream of funds that support legal services for final and the Young Lawyers Committee Chair. From left to right:H on. Eileen society’s most needy. Nadelson, Hon. John E. H. Stackhouse, Michael Hamburger (Fordham team), Stuart A. Summit, Elizabeth Langdale (Fordham team), C. Evan Stewart, Andrew Short (Fordham team), James D. Herschlein and Stephen H. Broer (Young Lawyers Professional Responsibility Committee Chair). The Brooklyn Law School team took second place honors. Both Report proposing amendments to the Judiciary Law Sections teams will advance to the final rounds, taking place February 2–5, 2009. 475 and 475-a (collectively, the “Lien Law”), which govern an attorney’s ability to attach a charging lien to a client’s monetary recovery. As currently written, the Lien Law only permits an attorney to attach a charging lien to a client’s recovery in an “action, special or other proceeding in any court or before any state, municipal or federal department, except a department of labor.” The report argues that the Lien Law should be expanded to permit an attorney to file a charging lien for services performed pre-litiga- tion in arbitration proceedings, and proposes new language.

Science and the Law Health Law Report on the status of the Persistent Vegetative State Law in New York State. The report sets forth what the law is in New York State with regard to the withdrawal of medical and support care for persons with persistent vegetative state (PVS) and evaluates the p The City Bar presented the Thomas E. Dewey Medal to six district attorneys on relevant medical guidelines, case law and statutes on the topic. December 2nd. The award is given every year to an outstanding assistant district The report also makes recommendations for needed legislation and attorney in each of the city’s District Attorney’s offices. The winners are featured urges that New York State enact the Family Health Care Decisions above with Seth Farber, Dewey & LeBeouf LLP, Chair of the Dewey Medal Act, which would authorize surrogate decision-making by persons Committee (far left) and Patricia M. Hynes, President, New York City Bar (fifth from left). The recipients are (from left to right): Terry A. Gottlieb (Bronx), close to individuals afflicted with a PVS who have failed to sign an Charles M. Guria (Brooklyn), Joel J. Seidemann (Manhattan), James Clark Quinn advance directive or healthcare proxy. (Queens), Paul A. Capofari (Staten Island) and Lisa DePasquale (Special Narcotics).

President Treasurer Audit Committee Nominees for City Bar Patricia M. Hynes Donald S. Bernstein Robert J. Anello Allan L. Gropper Vice Presidents Executive Officers & Committees Daniel F. Kolb Sheila L. Birnbaum Committee Christopher L. Mann The following candidates have been nominated for the Barry A. Cozier Class of 2013 Marsha E. Simms City Bar’s various officers and committees. Those elected Barbara S. Gillers Michael H. Byowitz will be announced at the Annual Meeting of the City Elizabeth Donoghue Secretary Bar on May 19, 2009. Pursuant to By-law XXIII, other Debra L. Raskin Sheila S. Boston nominations must be posted no later than February 6, 2009. David E. McCraw

www.nycbar.org january 2009 | 44th Street notes | 21 Executive Committee Members Classes of 2011 & 2012

Andrew Mandell is an Assistant Deputy Court: Matsushita Electric Industrial Co., Ltd. v. Epstein and PGA Commissioner at the New York City Human Tour, Inc. v. Martin. She has served as a member of the City Bar’s Resources Administration, Family Independence Federal Courts Committee. She has also tried a centi-million dollar Administration, counseling on social services insurance coverage action on behalf of Travelers Casualty and and municipal law matters. He previously served Surety Company and a multi-million dollar personal injury case as the General Counsel to the New York City on behalf of New York City. Department of Mental Health, Deputy General Counsel to the New York City Employees’ Retirement System and as an attorney Benito Romano is a partner in the Litigation for the New York State Mental Hygiene Legal Service. At the Department and Chair of the White Collar City Bar, Mr. Mandell formerly chaired the Mental Health Law Criminal Defense Practice Group of Willkie and Science and the Law Committees, and served as a member Farr & Gallagher LLP. Mr. Romano specializes on the New York State Bar Association House of Delegates. in complex criminal and civil litigation in all He is also a member of the Board of Directors of the Douglaston phases leading to trial, including criminal and Civic Association. regulatory investigations. He serves as a member of the Magistrate Selection Panel for the Southern District of New York and serves as Deborah Masucci is Vice President in the Chairman of the Board of Trustees of the state Interest on Lawyer Office of Dispute Resolution in the Litigation Account Fund (IOLA). Mr. Romano also served as United States Management Division of AIG Commercial Attorney, representing the United States in all criminal and civil Insurance. Prior to joining AIG, she held court proceedings in the Southern District of New York. management positions at JAMS and FINRA. She is a former Chair of the City Bar’s Arbitration David A. Schulz heads the New York office Committee and a former member of the International Commercial of Levine Sullivan Koch & Schulz, LLP, a Disputes Committee. She is a member of the Executive Committee media law boutique. Mr. Schulz has a trial and for the International Institute for Conflict Prevention and Resolution appellate practice representing news organiza- and a member of the Executive Committee and Co-chair of the tions in defamation, privacy, newsgathering, ADR Committee for the Federal and Commercial Litigation copyright and related First Amendment matters. Section of the New York State Bar. Ms. Masucci also is a member A lecturer at Columbia Law School, Mr. Schulz has served on the of the American Bar Association’s Dispute Resolution, Litigation New York Committee on Open Government and as a consultant and Business Law Sections. for the Open Society Justice Initiative. Mr. Schulz previously chaired the City Bar’s Communications and Media Law Commit- Mark Morril is Senior Vice-President, Deputy tee and has served on the Judiciary Committee and the Committee General Counsel of Viacom Inc., whose on State Courts of Superior Jurisdiction. He began his legal career businesses include MTV Networks, Paramount at Rogers & Wells, which later merged with Clifford Chance, and Pictures and BET. Mr. Morril is in charge of headed the media litigation group at that firm until 2003. the day-to-day management and supervision of the Viacom Corporate Law Department, Jane Sherburne is Senior Executive Vice with responsibility in diverse areas of the parent company and its President, General Counsel and Corporate operating businesses, including litigation, intellectual property, real Secretary of Wachovia Corporation. In addition estate, benefits and international legal matters. He was previously to managing Wachovia’s legal department, Ms. a Vice President of the City Bar Justice Center and served as Chair Sherburne has responsibility for compliance and of the Committee on Professional and Judicial Ethics. Mr. Morril government relations. Prior to joining Wachovia, also serves on the boards of the Educational Alliance and the Legal Ms. Sherburne served in various capacities at Citigroup, most Action Center; the Executive Committee of the UJA/Federation recently as General Counsel of Citi’s Global Consumer Group, Entertainment, Media and Communications Division; and with responsibility for a global legal department with over 800 the Strategic Litigation Committee of the U.S. Chamber of employees worldwide. Ms. Sherburne also was a partner at the Commerce’s National Chamber Litigation Center. Washington law firm of Wilmer, Cutler & Pickering, specializing in litigation, crisis management and congressional investigations. Lynn K. Neuner is a member of Simpson She interrupted her practice at Wilmer from 1994 to 1997 to serve Thacher & Bartlett LLP’s Litigation Department. as Special Counsel to the President with responsibility for investiga- Her trial and litigation experience covers several tions into ethics matters. areas, including insurance coverage, securities, Lanham Act and false advertising disputes, and general commercial matters. She has presented numerous oral arguments in federal and state court as well as participated in two cases argued before the United States Supreme

22 | 44th Street notes | january 2009 www.nycbar.org January 2009 cle registration form

subprime Market Meltdown: Video Replay: The Cybersleuth’s Guide to the Electronic Discovery: Identifying, Retrieving, The Criminal Prosecutions Begin Internet: Investigative Research Strategies Producing & Preserving E-Documents January 12 for the Legal Professional January 29 Member nonmember January 20 Member nonmember Live Program (includes materials): $205 $315 Member nonmember Live Program (includes materials): $195 $305 CDs (includes materials): $335 $405 Video Replay (includes materials): $195 $305 CDs (includes materials): $225 $275 Videotapes (includes materials): $405 $475 CDs (includes materials): $335 $405 Videotapes (includes materials): $275 $335 DVDs (includes materials): $445 $535 Videotapes (includes materials): $405 $475 DVDs (includes materials): $315 $375 Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit) $59.95 $59.95 use of Data, Information & Credit Reports Talk Your Way to the Top of the Profession! in Housing Court the Complexities of Buy-Sell Agreements: Public Speaking for Lawyers January 13 Drafting & Preparing Made Simple January 30 Member nonmember January 21 Member nonmember Live program (includes materials): $175 $285 Member nonmember Live Program (includes materials): $375 $475 CDs (includes materials): $335 $405 Live program (includes materials): $225 $335 Videotapes (includes materials): $405 $475 CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 Videotapes (includes materials): $405 $475 registration Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Advance registration is advised for live programs estate Planning Primer: Everything You Need and video replays. An additional fee of $25 will be to Know About Estate Planning, But Were Discovery Techniques in Matrimonial Cases charged for registrations received later than 3:00 p.m. Afraid (or Didn’t Think) to Ask January 22 one business day prior to the program. For more January 14 Member nonmember information or to register for a program: visit our Member nonmember Live program (includes materials): $195 $305 website at www.nycbar.org, call 212.382.6663, fax Live Program (includes materials): $205 $315 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 Videotapes (includes materials): $405 $475 212.869.4451 or mail your registration to: City Bar Videotapes (includes materials): $405 $475 DVDs (includes materials): $445 $535 Center for CLE, New York City Bar, 42 West 44th DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Street, New York, NY 10036. Materials only (no CLE credit): $105 $135 ethical Issues in the Practice of Real Estate: cancellationS & Refunds ethics in the Electronic Age: Be Careful What Every Attorney Must Know When For live programs and video replays, refunds and When Using That Cell Phone, BlackBerry, Handling a Transaction program credits are available provided cancellation Blog, Social Network… January 26 is made in writing and received by the City Bar January 15 Member nonmember Member nonmember Live Program (includes materials): $245 $355 Center prior to the program. Live Program (includes materials): $245 $355 CDs (includes materials): $365 $435 A $35 administrative fee will be charged for all CDs (includes materials): $365 $435 Videotapes (includes materials): $435 $505 refunds. The cancellation fee will be deducted DVDs (includes materials): $475 $565 Videotapes (includes materials): $435 $505 directly from the refund. For program credits, no DVDs (includes materials): $475 $565 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 administrative fee will be charged. Program credits Video Replay: Women in Negotiation: Practical must be used within one year of the original securities Reporting: Best Practices Tips to Strengthen Your Negotiation Skills program date. Cancellations must be in writing, January 16 (For You and Your Client) faxed to the City Bar Center, 212.869.4451. Member nonmember January 27 Refunds and program credits are not available for Live Program (includes materials): $225 $335 Member nonmember CDs (includes materials): $335 $405 Video Replay (includes materials): $225 $335 the purchase of tapes, CDs, DVDs, course materials Videotapes (includes materials): $405 $475 CDs (includes materials): $335 $405 or online programs. Scholarships are available. DVDs (includes materials): $445 $535 Videotapes (includes materials): $405 $475 Please call 212.382.6663 for an application. Materials only (no CLE credit) $105 $135 DVDs (includes materials): $445 $535 Materials only (no CLE credit) $105 $135 Certificates for attending a program are given out Video Replay: The Cybersleuth’s Guide to the and signed by a CLE staff member at the end of Internet: Super Search Engine Strategies for introduction to International Law the program. You are responsible for keeping a the Legal Professional January 28 copy of the CLE certificate for your own records. January 20 Member nonmember An administrative fee of $10 will be charged for Member nonmember Live program (includes materials): $175 $285 replacement CLE certificates. Video Replay (includes materials): $195 $305 CDs (includes materials): $335 $405 cle credit information Videotapes (includes materials): $405 $475 DVDs (includes materials): $445 $535 CLE credit applies to New York and California (for Materials only (no CLE credit) $59.95 $59.95 live programs only). Illinois credit differs and ethics credits are pending.

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Signature Professional development Professional Development Workshop Series: The Essentials In 2005, the New York City Bar created the Professional Development Workshop Series to address the needs of mid-level attorneys as they progress in their careers. Due to the success of the previous three series, the New York City Bar will launch its fourth annual workshop series on January 15th. These six programs, presented by top consultants, will teach valuable skills and address the shifting responsibilities and expectations of attorneys who progress to partner, move in-house, into government or on to other careers in the legal profession. Workshops begin at 8:30 a.m. and are free to members and attorneys from sponsoring firms. There is a $60 administrative fee per workshop for non-members. Programs will offer transitional/non-transitional NY MCLE credits.

Managing Your Career* Client Relationships* Managing Effective Legal Teams* Thursday, Jan 15, 8:30 am – 10 am Thursday, Feb 12, 8:30 am – 10 am Thursday, Mar 12, 8:30 am – 10 am Kathleen Brady and Carol Kanarek, JD Diana Hird, JD Jay Sullivan, JD In order for attorneys to progress in their Being a successful attorney depends not just on Attorneys will fill a variety of roles throughout careers, they must create a personal strategy to a superior understanding of the law, but also on their careers, even during the same assignment. achieve success. Attorneys must look ahead building a strong relationship with clients. This While working on one project, attorneys can and assess their short-, mid- and long-term is achieved by having a firm understanding of find themselves managing junior associates, professional and personal goals. This program client needs. This program will teach attorneys paralegals and administrative staff while will help attorneys establish priorities, formu- to become an invaluable resource for clients at the same time taking direction from a late career goals and develop an individualized by understanding their goals, anticipating senior attorney. Participants will develop and strategic action plan while exploring ways underlying concerns and communicating the necessary skills to manage their team, to meet professional and personal objectives. solutions effectively. including the ability to build consensus and delegate effectively.

Balancing Zeal, Success and Ethics The Art of Negotiation*** Communication, Presentation in a Law Firm Setting** and Oral Advocacy Skills*** Thursday, May 14, 8:30 am – 10 am Tuesday, Apr 21, 8:30 am – 10:15 am Thursday, Jun 11, 8:30 am – 10 am John Richardson, JD Jack Marshall, JD Becca Diaz Bonilla, JD Associates use negotiation skills every day Law firm practice creates fertile soil for ethical during their legal careers. Mastery of negotia- Presentation skills are vital for associates, missteps. As attorneys progress into more senior tion techniques plays a significant role in whether they are conducting a meeting, roles, they often face new ethical challenges, determining one’s level of professional success. engaging with senior partners, working with including the everyday pressures of pleasing This program will teach attorneys how to clients, negotiating a deal or arguing a case. clients and partners, building a record of motivate team members, master persuasion The ability to deliver information with poise and command is essential for instilling success and coping with demanding clients. techniques and hone crucial skills for dealing confidence and establishing oneself as a This program explores the kinds of law firm with clients and colleagues. practice situations that are most likely to skilled attorney. In this program, attorneys contain ethical pitfalls for mid-level to senior will learn to enhance advocacy skills and demonstrate competence and authority to associates, and provides useful tools and achieve desired results. engaging problems to help lawyers recognize them and deal with them ethically and effectively when they occur.

* This program provides 1.5 transitional/non-transitional practice management credits for all attorneys, including those who are newly admitted (less than 24 months). ** This program provides 2.0 transitional/non-transitional ethics credits for all attorneys, including those who are newly admitted (less than 24 months). *** This program provides 1.5 transitional/non-transitional skills credits for all attorneys, including those who are newly admitted (less than 24 months). Sponsoring Firms: Akin Gump Strauss Hauer & Feld LLP • Cadwalader, Wickersham & Taft LLP • Chadbourne & Parke LLP • Davis Polk & Wardwell • Epstein Becker & Green, P.C. • Patterson Belknap Webb & Tyler LLP • Proskauer Rose LLP • Shearman & Sterling LLP • Skadden, Arps, Slate, Meagher & Flom LLP • Weil, Gotshal & Manges LLP • WilmerHale LLP • Winston & Strawn LLP

To register, please visit www.nycbar.org, or call 212.382.4723

44th Street notes | january 2009 periodicals