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MCarch 2012 OUNTY VisitLus at wwwA.nycla.orgWYER Volume 7 / Number 10 Rocketing to Success INSIDE Journalist and founder of Forbes maga - Job,” on page 7, will provide you with zine, B.C. Forbes, once said, “Think not insight into how to best equip yourself for of yourself as the architect of your career success in a new position—an important Ask for a Raise 1 but as the sculptor. Expect to have to do a read for anyone thinking of changing jobs lot of hard hammering and chiseling and now or in the future. scraping and polishing.” It is true that it takes an enormous amount of time and You’ll find other articles within that I Social Media for effort for one to shape his or her career hope inspire to sculpt your career and as and that over time, one’s career takes a you do so, I encourage you to take the Job Search 3 unique shape because of experiences advantage of NYCLA’s career resources obtained. As a leading bar association, the including our Career Center, which New York County Lawyers’ Association offers job listings through (NYCLA) is here to help you do just that. Stewart D. Aaron legalstaff.com. Members and non-mem - Become a Better President, New York County bers can search job listings and post We are devoted to enhancing the careers Lawyers’ Association resumes there, at no cost. Also consider Leader 6 of our members by providing various attending networking events, joining our educational and networking opportunities. career on the right track, but ideas and LinkedIn group, staying up to date on And, we have dedicated this issue of New insight from career experts and leaders in your CLE credits, and participating in Tips for Summer York County Lawyer to “Rocketing to the legal field. I encourage you to read our committees to sculpt your career Success” to share with you resources and “Ask for a Raise” (below) to hear from into exactly the form you want it. Associates 14 ideas on how to make the most out of About.com’s Legal Career Guides’ Sally your career in the legal field. Kane, on how to research, prepare, and In the meanwhile, please share with me make a compelling case for a salary what resources you’re tapping into to TABLE OF Within this issue you will find informa - increase. shape your career by tweeting me CONTENTS tion not only on NYCLA resources avail - @NYCLAPres, and visit nycla.org to take able to you to help you build or put your Meanwhile, “Tips for Starting a New advantage of our many career resources. Annual Meeting Notice ...... 2 Ask for a Raise ...... 1 Call for Applications ...... 8 Ask for a Raise CLE Institute ...... 4 By Sally Kane, About.com Guide company policies, employment hand - want to postpone your request for a raise. CLE Programs ...... 4 Published: January 26, 2012 books, job descriptions and/or websites Commerical Litigation Treatise ... 11 to determine the pay range for employees Wait until your manager is in a good Committee Meeting Schedule ..... 12 Do you believe you are underpaid at in your position. If compensation infor - mood and not busy with other pressing Committee News ...... 13 work? Asking for a raise can be an intimi - mation is not published, talk to your obligations. Research demonstrates that Court Simplification ...... 14 dating process. However, armed with human resources department or manager Mondays are typically not the best day to Electronic Research Center CLEs .. 10 research, preparation and the simple tips to gain insight into the company’s com - ask for a raise. below, you can create a compelling case pensation policies. Ethics Hotline ...... 5 for a salary increase. 5. Advocate your case. Events Calendar ...... 2 3. Develop your sales pitch. Fashion Law Committee ...... 13 Difficulty: Average Present your case for a raise to your Focus on Advocacy ...... 13 Time Required: Indefinite Prepare and rehearse a presentation to employer, supporting your position with Leadership-Become a your employer outlining your value to tangible data and evidence of your value Better Leader ...... 6 Here’s How: the company. Mention your accomplish - to the company, if possible. Now is not Libel Law Misconceptions ...... 12 ments, awards and goals. Emphasize any the time to be modest about your accom - 1. Determine the market value of your specialized skills, knowledge or expertise plishments. You must toot your own horn. Library Notes ...... 10 position. you bring to the position that sets you Library Resources ...... 10 apart from others. Provide concrete Your attitude will set the tone for the Message from Stewart Aaron, Take some time to research the market value examples, facts, figures, percentages and negotiation. Advocating your position President of NYCLA ...... 1 of your job. Internet-based salary calculators other hard data where possible. Save e- calmly and rationally will advance your Message from Barbara Moses, such as Salary.com and on-line resources mails or letters in which clients, co- cause further than raising your voice, President of the NYCLA such as the U.S. Department of Labor’s workers, vendors or others have com - arguing, being confrontational or giving Foundation ...... 3 Occupational Outlook Handbook may pro - mented positively on your work efforts. ultimatums. vide helpful compensation information. Demonstrate how you have transcended Networking-Build Your Rolodex ... 6 Network with your peers at other law firms the boundaries of your position to add Tips: New Jobs-Tips ...... 7 and companies to determine what people in value to the company. Networking Do’s and Don’ts ...... 7 your position at your experience level are 1. Solicit other offers. NYCLA In the News ...... 6 paid. Professional associations such as the 4. Select the right moment. Recent Events ...... 8 American Bar Association and National One of the most effective ways to obtain Sealing Reform ...... 13 Federation of Paralegal Associations also The best time to request a pay raise is a raise is to get a higher job offer from Social Media for the Job Search .... 3 often maintain salary information. immediately after you saved the company another company and use that offer as money, received an award, completed a leverage. However, play this card care - Tips for Summer Associates ...... 14 2. Research your firm’s compensation large project or achieved some other note - fully. If the employer does not match or What’s Tweeting ...... 2 practices. worthy accomplishment. Likewise, if you beat the company’s offer, you must be Young Lawyers’ Section Events .. 14 have just joined the firm or your recent per - willing to accept the other offers. SOPA ...... 15 Review the salary guidelines outlined in formance has been less than stellar, you may (See Ask for a Raise on page 15) 2 March 2012 / The New York County Lawyer EVENTS CALENDAR Notice of Annual Meeting & Reception Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. May 24, 2012 at 5:30 p.m. NYCLA Home of Law, 14 Vesey Street March April Annual Report of the President Public Forum: Getting on the Catwalk: Practice of Law: Trial Technique for Treasurer’s Report Careers for Lawyers in Fashion Law Beginners Election of Officers and Directors March 8 - 7 p.m. April 12 – 6 p.m. Panelists: Karen Ash , Partner and Speaker: Jeffrey M. Kimmel National Co-Chairperson, Intellectual This event will feature detailed discus - On January 30, 2012, the following were nominated as officers and directors by the Property Department, Katten Muchin sions concerning trial strategy, witness Committee on Nominations: Rosenman LLP; Charles Colman, Charles preparation, jury selection, Colman Law, PLLC; David Faux, Law opening/closing statements and Nomination of Officers: Offices of David Faux ; Guillermo direct/cross examination. Hearsay Board of Directors: Jimenez, Professor (F.I.T.-SUNY, Iona, objections and other evidentiary issues I.S.M.); Barbara Kolsun, General Counsel will be discussed. President – Stewart D. Aaron Secretary – Susan J. Walsh & VP, Stuart Weitzman, LLC; Members only President Elect – Barbara Moses Treasurer – Carol A. Sigmond Heather McDonald, Baker Hostetler LLP; Vice President – Lewis F. Tesser Event Chair & Moderator: Quinn Special Event: Edith I. Spivack Taurman (NY Law School) Award Ceremony Director – Class of 2015: Open to the public April 23 – 6 p.m. The NYCLA Women’s Rights Thomas G. Draper , Jr. Eugene B. Nathanson CLARO Volunteer Recognition Committee will present Donna Joseph M. Drayton Felix Shipkevich Program Lieberman, Executive Director of the Gordon Eng Asha Smith March 13 – 6-7 :30 p.m. New York Civil Liberties Union, with Hon. Margaret J. Finerty Daniel K. Wiig Fordham University, Lowenstein Building the Edith I. Spivack Award. Adrienne Koch Alison Wilkey Open to the public Judicial Reception March 15 - 5:30-7:30 p.m. Special Event: 49 th Charles Evans The Committee on the Supreme Court will Hughes Memorial Lecture Director – Class of 2014 : host a reception honoring newly elected, April 26 – 6 p.m. appointed, re-elected and re-appointed Speaker: Hon. Judith S. Kaye, of Counsel, Jonathan Pressment judges. Skadden, Arps, Slate, Meagher & Flom; Welcome Remarks: Hon. Jonathan former Chief Judge, State of New York Committee on Nominations: Lippman, Chief Judge of the State of New Open to the public York ; Special Remarks: Hon. Bernard J. Class of 2015: Fried, retiring Supreme Court Justice, Law Day Luncheon Commercial Division, New York County April 27 – 11:30 a.m. Catherine A. Christian Susan B. Lindenauer Cipriani Wall Street Howard W. Burns Susan J. Walsh Practice of Law: Legal Ethics You Need The Justice Louis J. Capozzoli Gavel James B. Kobak, Jr. to Know Award will be presented to Hon. March 15 – 6 p.m. Sherry Klein Heitler, Administrative An inside look at the attorney disciplinary Judge for Civil Matters, First Judicial Class of 2014: process and the new Rules of Conduct, District how to avoid disciplinary complaints and Open to the public Michael J. McNamara how to respond to disciplinary com - plaints. Speaker: Lewis Tesser, Esq. Members only NYCLA Meet-Up: Advance Below is a proxy for your use if you cannot attend the Annual Meeting. Please Special Event: Ready, Set, Lead! Your Career send your completed proxy to Anne Wells by e-mail at [email protected] ; by Women’s Future: Where Do We Go March 28 – 6 p.m. mail, Attention, Anne Wells, New York County Lawyers’ Association, 14 Vesey From Here? Meet with career experts to learn Street, New York, NY 10007; or by fax (212-406-9252) prior to the Annual Mar. 23 - 6-9 p.m. – Melville Marriott everything you need to know to Meeting on May 24, 2012. In honor of Women’s History Month, grow your career, change jobs or NYCLA is hosting this event in partner - land a job ship with other local bar associations Members only PROXY Open to the public For Annual Meeting of Members of the New York County Lawyers’ Association To be held May 24, 2012

Know all people by these presents: That the undersigned Member of New York County Lawyers’ Association hereby constitutes and appoints Stewart D. Aaron, Barbara Moses, and Lewis F. Tesser or any of them, proxies of the undersigned, with full power of substitution to each, for an in the name, place and stead of the RT : Should you be a specialist or a generalist @atlblog undersigned, to attend the Annual Meeting of Members of the New York County in your law practice? Some wise words from Lawyers’ Association, to be held at the Home of Law, 14 Vesey Street on May 24, @TomWallerstein bit.ly/wK4O2H 2012 at 5:30 p.m. and any adjournment or adjournments thereof; and thereat to vote upon all matters that may properly come before said meeting as fully and with @NYCLA Learn about careers for lawyers in the fashion the same effect as the undersigned might or could do if personally present at said industry at our next public forum conta.cc/ygUHZk meeting or any adjournment or adjournments thereof. The undersigned hereby revokes any proxy or proxies heretofore given by, for or Learn ways to develop & improve your trial @NYCLA on behalf of the undersigned to vote at said meeting or any adjournment or practice techniques at NYCLA’s upcoming CLE adjournments thereof. ow.ly/8Up0P

@MarkRaganCEO The 5 things that annoy people most about their jobs bit.ly/znbBEh Dated: ______(Signature) @LawPracticeTips The Professional’s Social Network: ______LinkedIn bit.ly/uszCdz #LawPractice #in (Printed name)

(Provisional and law student members may not vote) March 2012 / The New York County Lawyer 3 MESSAGE FROM BARBARA MOSES NEW YORK PRESIDENT OF THE NYCLA FOUNDATION COUNTY LAWYER Dear Friends: benefits that NYCLA offers to its mem - bers. The NYCLA Foundation helps to Stewart D. Aaron The law is a noble profession. But it is make up the difference through the gen - also a career and, like any career, erosity of NYCLA members and others. President requires nurturing at every stage. If you are in a position to “give back” to NYCLA can help. the NYCLA community, I urge you to go Sophia J Gianacoplos to www.nycla.org and choose “Giving to Executive Director Have you ever attended a NYCLA host - NYCLA.” You can also mail a check, ed networking event? They are as varied payable to the “NYCLA Foundation,” to Melissa J. Yahre as NYCLA’s membership. In January, NYCLA Foundation, 14 Vesey Street, Assistant Executive Director of NYCLA hosted not one but two New New York, NY 10007. We are grateful Marketing and Membership Year’s networking events: one on for every contribution and are pleased to Development January 8 at the Home of Law (with say “thank you” with a selection of complimentary cocktails and refresh - DVDs, books, prints , and other gifts, ments), and one on January 25, in Perhaps you are looking for your first described on our website. Since the Ariella Greenbaum Battery Park City, to celebrate Chinese legal job, changing jobs, or trying to get NYCLA Foundation is recognized by the Editor New Year with NYCLA’s Asian Practice back into the work force after the eco - IRS as a 501(c)(3) organization, gifts Senior Communications and Committee and the US-China CEO nomic toll of the last few years. Did you received by year-end are deductible to Social Media Manager Association. The Young Lawyers’ know that NYCLA was the first bar asso - the extent provided by law. Section followed up in February with ciation in the New York area to provide “NYCLA Squares,” sponsored by Lucky online local and national job listings? At NYCLA needs both your support and Strike Lanes , which featured a talented the NYCLA Career Center, you can your ideas. Please do not hesitate to con - group of “ready for prime time” NYCLA search for a legal job, post your resume, tact me with suggestions for fundraising executives and committee chairs – plus and sign up for job alerts – all through or related topics. You can reach me at New York County Lawyer is door prizes! the NYCLA website. The Career Center [email protected] . published by also welcomes postings from legal Committee involvement is another great employers who want to advertise open Long Islander Newspapers way to network with other professionals positions to NYCLA’s membership. Tip: Sincerely, under the auspices of in your field (or in a field that interests For the most up-to-date information on the New York County Lawyers’ you). And unlike other bar associations, new job opportunities, check your week - Association. For advertising NYCLA does not restrict committee ly e-news and sign up for job alerts. information, call 631-427-7000. membership through waiting periods or Mailing address: 149 Main Street, application requirements. You can jump These are among the programs that make Barbara Moses Huntington, NY 11743. right in, work on the important issues of us proud to be members of NYCLA. As President of the NYCLA the day, and rub shoulders with accom - you know, however, your dues do not Foundation plished practitioners in the field. cover all of the costs and expenses of the Copyright © 2012 New York County Lawyers’ Association. All rights reserved. New York County Lawyers’ Using Social Media In Your Job Search Association grants permission for articles and other material herein or By Robert Half Legal consider it. Not only have many pro - tion, one of the most beneficial aspects portions thereof to be reproduced and fessionals come to view a LinkedIn of LinkedIn is that you can leverage distributed for educational or profes - If you’re hoping to land a new position profile as just as essential as a resume, your contacts to identify new ones. sional use through direct contact with this year, or if your ongoing job search but also hiring managers and head - clients, prospective clients, profes - could use a boost, you may want to pay hunters are using it more often for Twitter: Another tool for expanding sional colleagues and students pro - more attention to the power of social recruiting purposes. and energizing your network is vided that such use shall not involve media. Here are some suggestions for Twitter, which has grown in popularity any matter for which payment (other how you can best use popular social LinkedIn is also useful for connecting as a career-building medium. Once than legal fees or tuition) is made media sites to enhance your job search: with others in your field by joining you’ve joined Twitter by creating a and provided further that all repro - LinkedIn: If you’ve yet to establish a specialized groups that focus on your brief profile, you can begin connecting ductions include the name of the profile on LinkedIn, you may want to areas of interest and expertise. In addi - with others by finding people to “fol - author of the article, the copyright low.” Start with professional groups notice(s) included in the original and other legal resources, then expand publication, and a notice indicating your reach by following people those people are following or by searching the name and date of the Association by location, specialties or interests. By publication from which the reprint is following prominent people and firms made. Subscription rate: $10.00 per in your field, you can stay up-to-date year for non-members on industry developments and trends, gaining knowledge helpful in your other networking activities and job New York County Lawyer is published interviews. monthly (except January and August) for $10 per year by New York County Lawyers’ Facebook: Unlike the more buttoned- Association, 14 Vesey Street, New York, NY up LinkedIn, Facebook started primari - 10007. Periodicals postage paid is mailed at ly as a social networking site for New York, NY and additional mailing telling friends what you’re up to, shar - offices. POSTMASTER: Send address ing photos and playing games. Since people now also network with it on a changes to: New York County Lawyer, 14 professional level and employers may Vesey Street, New York, NY 10007-2992. search for information on job appli - cants using it, be careful about what USPS #022-995 you say on Facebook. Despite count - ISSN: 1558-5786 less cautionary tales, users continue to damage their reputation by showing a $10.00 of membership dues is deducted for lack of discretion on the site . a one-year subscription to the New York County Lawyer .

To Advertise in Photo Credits New York County L awyer, Alanna Gluck Call 631-427-7000 Marian Goldman 4 March 2012 / The New York County Lawyer CLE Institute individual seller Richard T. Farrell , Brooklyn Law This March, the CLE Institute • Permissible ways to write checks Litigation School ; Stephen Gassman , Gassman, offers a wide variety of programs • Engagement letters Baiamonte, Betts & Tannenbaum ; Hon. for practitioners of all levels. A • Bookkeeping rule and Civil Trial Practice Institute : A Bridge Judith J. Gische , S up. Ct., NY County ; complete calendar for March CLE • Producing records Sarah Jo Hamilton , Scalise & Hamilton ; courses is provided. Be sure to the Gap for Attorneys Interested in Litigation David Jaroslawicz , Jaroslawicz and check our website at www.nycla.org Immigration Law Jaros LLC ; Herbert Monte Levy , Esq .; for updated information. March 9 and 10, 9 a.m.-5 p.m. Hear from an extraordinary panel of Hon. Israel Rubin , Greenberg Traurig ; Mission Impossible: What You Need to judges, litigators and leading academics, Jay G. Safer , Locke Lord Bissell & Know to Practice Immigration Law to take you through the entire state civil Liddell LLP ; Elliott Scheinberg, Esq .; March Successfully trial process. Harold Lee Schwab , Lester Schwab Katz Two sessions: & Dwyer, LLP ; Richard L. Spinogatti , Featured • Tuesday, March 6, 6-9 p.m. - Non- • Learn ways to develop and improve Proskauer Rose LLP ; Barry Temkin , immigrant Work-related Visa trial practice techniques within the Mound Cotton Wollan & Greengrass ; and Programs Categories and Obtaining a Green context of personal injury, matrimo - Hon. Louis York , Sup. Ct., NY County . Card nial and commercial litigation Matrimonial Law • Tuesday, March 13, 6-9 p.m. - • Hear directly from judges and sea - Ethics Institute Family-based Immigration, Removal soned litigators Proceedings and Overview of Matrimonial Law: The Basics and Ethical Dilemmas Confronted by Real Asylum Program chairs: Robert Kelner , Kelner Beyond Estate Attorneys & Kelner and Hon Robert Lippman Two-part program: March 21 and 28, Presented by NYCLA’s Ethics Institute In these difficult economic times, immi - (Ret.) 6-9 p.m. March 27, 6-9 p.m. gration law reform continues to be a Faculty: Clifford Aaron , London Fischer Hear from a panel of experts about the Learn about the ethical challenges faced contentious issue. Attend this two part LLP ; Hon. Richard F. Braun , Sup. Ct., basics of matrimonial law and beyond: on a daily basis by real estate practition - CLE and: NY County ; Tracee Davis , Zeichner ers including such issues as: Ellman & Krause LLP ; Hon. Laura • Hear how to handle the initial contact • Gain an overview of what you Drager , Sup. Ct., NY County ; Professor with a client; grounds, jurisdiction • Representing both the buyer and seller need to know to practice immigra - and service • Representing the buyer and the lender tion law successfully from a panel SAVE the DATE: • Learn how to go about handling • Other types of dual status ( e.g., of experts uncontested divorces , and domestic attorney and mortgage broker) • Learn how to obtain the proper immi - violence issues. • Acting as an attorney and real estate grant visa or “green card” for your Bridge the Gap 1 , April 20 and 27 • Explore agreements including prenup - broker client Design Contracts and Other tual, stipulation of settlement and sep - • Using clerks or paralegals to attend Design Issues , April 18 aration, child support, custody and closings Co-chairs : Eugene J. Glicksman and Update on Cybersecurity Issues , attorney for the child, equitable distri - • Escrow and comingling of funds Gilbert C. Ferrer, Co-chairs, NYCLA April 24 bution, domestic violence and ethical • Acting as counsel to co-op/condo and Committee on Immigration and (See CLE on Page 5) Nationality Law

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Cooper , and Security Challenges Supreme Court , New York County and March 22, 6-9 p.m. Steven Eric Liebman , Special Referee , 3 MCLE Credits: 1 Ethics; 2 PP; along with court attorneys and seasoned Transitional and Non-transitional (also NJ) Dr. N.G. Berrill, Director practitioners . Preparing the Construction Accident Real Estate Law Case : Plaintiff, Defendant and Expert Perspectives on the Labor Law Purchasing and Managing Rent March 26, 6-9 p.m. Regulated Property in NYC 3 MCLE Credits: 3 Skills; Transitional [ Over 25 Years \ March 8, 9 a.m.-12:30 p.m. and Non-transitional Join us for a program presented in part - nership with the Rent Stabilization Ethical Issues in Real Estate Practice Association (RSA) that will explore the March 27, 6-9 p.m. issues associated with purchasing and 3 MCLE Credits: 3 Ethics; Transitional Providing Consultation to Attorneys managing rent regulated property in New York City that will cover: NYCLA’s CLE Institute now an & the Courts on Psycho-legal Matters Accredited Provider in New Jersey • Rent Regulation: The Basics New York County Lawyers’ • Due Diligence: What Should I know Association’s CLE Institute is current - About the Building ly certified as an Accredited Provider • Criminal Cases: Competency Issues, Criminal • Due Diligence: What Should I Know of continuing legal education in the About the Tenants State New Jersey. Courses qualifying Responsibility, Extreme Emotional Disturbance, Risk • Management Tools & Resources for CLE credit in New Jersey will be • Tenant Screening so designated on the NYCLA website. Assessment, Sex Offender Workups & Dispositional • Leases and Rent Registration Be sure to consult www.nycla.org for • Violations program details and program locations. Planning • Maximizing the Rent Roll Please note that Tuition Assistance is available for qualified attorneys for March live programs offered by the CLE Institute. Check our website at • Matrimonial & Family Court Cases: Program Guide www.nycla.org for more information and how to apply for Tuition Custody/Visitation, Neglect/Abuse, Termination, Assistance. Check our website for Tax Audits: How to Avoid Them; How course details, faculty, complete pro - Delinquency, Family Violence, & Adoptions to Defend Them gram descriptions and pricing. March 5, 6-8 p.m. 2 MCLE Credits: 1 PP; 1 Skills; Transitional and Non-transitional • Civil Cases: Competency Issues, Head Trauma, NYS Voluntary Compliance Disclosure Ethics Hotline Sexual Harassment, Discrimination, Immigration, March 12, 6-8 p.m. 2 MCLE Credits: 1 PP; 1 Skills; & Post-Traumatic Stress Disorders Transitional and Non-transitional March 1-15 Mission Possible: What You Need To Sarah Diane McShea Know to Practice Immigration Law 212-679-9090 Successfully March 6 and 13, 6-8 p.m. 6 MCLE Credits: 2 Ethics; 2 PP; 2 Skills; March 16-31 Comprehensive Diagnostic & Transitional and Non-transitional (also NJ) Sarah Jo Hamilton 914-725-2801 Treatment Services The Grounding of the Costa Concordia: The High Cost of Hitting Please Note: Assignments are Rock Bottom subject to change. March 6, 12-2 p.m. 2 MCLE Credits; 2 Professional Practice; Questions to the Hotline are limit - MAIN OFFICE Transitional and Non-Transitional (also NJ) ed to an inquiring attorney’s prospective conduct. The Hotline 26 Court Street, Suite 1711, Brooklyn, NY 11242 Race, Law and Gender does not answer questions regard - 718-237-2127 March 7, 6-8:05 p.m. ing past conduct, the conduct of 2.5 MCLE Credits: .5 Ethics; 2PP; other attorneys, questions that are Transitional and Non-transitional (also NJ) being litigated or before a disci - LONG ISLAND OFFICE Purchasing and Managing Rent plinary committee or ethics com - Regulated Property in NYC mittee, or questions of law. This 45 North Station Plaza, Suite 404, Great Neck, NY 11021 March 8, 9 a.m.-12:30 p.m. notation shall not be construed to 516-504-0018 3.5 MCLE Credits: 1.5 PP; 2Skills; contain all Hotline guidelines. For Transitional and Non-transitional a full discussion of Ethics Hotline Program Co-sponsor : Rent guidelines, please see “Guidelines MANHATTAN Stabilization Association (RSA) on NYCLA’s Ethics Hotline,” 139 Manhattan Avenue, New York, NY 10025 Civil Trial Practice Institute: A Bridge September 2006, New York The Gap for Litigators County Lawyer , Vol. 2, No. 7. To 212-280-3706 March 9 and 10, 9 a.m.-5 p.m. view the article, visit NYCLA’s 16 MCLE Credits: 3 Ethics; 6 Skills; 7 website at www.nycla.org, click WWW.NYFORENSIC.COM on Ethics (on the left-hand side of Register online: the page) and then on Ethics [email protected] www.nycla.org Hotline. 6 March 2012 / The New York County Lawyer NYCLA In The News Membership

A round-up of recent national and local news stories featuring NYCLA and its members. Bloomberg BNA Daily Tax Report New York Real Estate Lawyers’ Tax Clinics, Pro Bono Programs Blog January 11, 2012 NYCLA Honors Loretta E. Lynch Stephen Lessard, program coordinator February 18, 2012 of NYCLA’s Tax Court Bar-Related This blog post invites readers to Pro Bono Program, is quoted about join NYCLA and the Metropolitan how the program relieves the adminis - Black Bar Association to honor trative burden of the Tax Court in Loretta E. Lynch, United States dealing with pro se taxpayers and pro - Attorney for the Eastern District of vides an effective means of improving New York at the Tenth Annual Ida communication between the govern - B. Wells-Barnett Justice Award ment and unrepresented taxpayers . Ceremony.

National Arbitration and Mediation, Metrocorpcounsel.com Inc./namadr.com Thomson Reuters Column: 40 Hon. Elizabeth Bonina Speaks at the Distinguished CLE Lecturers And New York County Lawyers’ Acclaimed Thomson Reuters Association Treatise Build Your Rolodex & Network January 27, 2012 February 23, 2012 NYCLA program, “So You Want to be NYCLA’s upcoming CLE, winning a Trial Lawyer” is mentioned in this commercial cases in New York State through NYCLA article. Courts is featured on this web site. Did you know that as a NYCLA member background and what you are you can search on nycla.org for other looking to do. FOCUS is key here. Thomson Reuters News & Insights New York Law Journal members and their contact information? This part of the e-mail should not New York court administrators back February 23, 2012 Take advantage of this benefit to net - be an essay or your resume in restoring court hours Bar Groups Honor Lynch work—build relationships with people in written form. Think of it as a January 30, 2012 A photo from NYCLA’s 10th annual your profession and help you in your job polite 1-2 line introduction to give This article mentions that NYCLA’s Ida B. Wells Justice Award search. Log onto nycla.org with your the reader an idea of who you are recent report highlights the widespread Ceremony is included in this news - member ID and then click on ‘Member and what you are looking to do. impact of last year’s budget cuts on paper. Search’ under the ‘Members 3. Research – Do. Your. Homework. the court system. New York Law Journal Only’section. From there, you can search You must do your research before for other NYCLA members by practice writing a networking e-mail. This New York Law Journal Lawyers’ Titles and Law Firm Names area, firm, law school, and more! will help frame your questions. It NYCLA Urges Congress to Fund U.S. in the Hi-Tech Era will also show the reader that you Courts February 24, 2012 After you have found networking con - have a genuine interest in what February 17, 2012 A 2008 NYCLA ethics opinion is tacts, you might think, “how do I write she/he or her/his company does, etc. This article covers how NYCLA is cited in this article. an initial networking e-mail?” Here are 4. Questions - After you have done urging Congress to resist further budg - Leader to Leader /New York State some guidelines to get you started: your research, ask 1-2 specific et cuts to the federal court system . Bar Association questions. Ask for advice or any Congratulations to the 2011 Bar 1. Introduction – The first line other questions you have about the Metrocorpcounsel.com Leaders Innovation Award Winners should answer “how did you get company, industry, or the path the Letter from the President of the New February/March issue my name?” This is where you contact took to get where she/he is York County Lawyers’ Association NYCLA was awarded a Bar Leaders need to establish a connection: Is today. February 17, 2012 Innovation Award at the New York she/he a fellow NYCLA member? 5. Sincere Thank You – Always This letter from NYCLA’s President to State Conference of Bar Leaders and Where did you find her/his name? thank the person you are writing to the readers of metrocorpcounsel.com this publication featured a photo of 2. Who are you? – Tell the reader a for her/his time. Acknowledging talks about NYCLA’s career resources. NYCLA leadership at the ceremony. little bit about yourself. Share your busy schedules goes a long way! Become a Better Leader: Commit to Continuous Learning By Joelle K. Jay, Ph.D. your colleagues tell you that you need to Learning is leadership. Learning is an in mediocrity, and that’s no place for a learn to be more decisive, or when your essential component of leadership. Some leader. Refuse to buy into the assumption In order to excel in your work, in your life, profession requires that you get an experts go so far as to say learning is lead - that the economy, the market you’re in, or or as a leader, you need to commit to con - advanced certification, or when your boss ership, a leader’s constant quest for the your products are creating your results. If tinuous learning. Many leaders know this, sends you to a workshop to learn specific improvement of the business, people, and you’re not happy with what you’ve got, go but many more are missing the opportuni - skills, you are learning by command. results. As a leader, what do you need to out and learn what needs to change. You’ll ties for powerful learning that could really learn? What leadership skills, strategic prac - feel more in control, and you will learn to help them get ahead on their goals. There’s nothing inherently wrong with tices, or management techniques will help lead the way to a more powerful and prof - these approaches to learning. Any learning you be more effective? Look at your results, itable place. Leaders are encouraged to learn “on the that advances your expertise and builds and notice where there’s room for improve - job.” The problem is that many of us don’t. your capacity may be worth your time. ment. What do you need to learn in order to Learning is life. In addition to learning for Either because we’re too busy, we forget, improve those results? This is the kind of all of the practical and rational reasons that we don’t know what we need to learn, or Or it may not, and that’s the problem. You learning that supports powerful leadership. contribute to your effectiveness as a leader, we don’t have the resources we think we have so much potential, and there are so there’s one more: learning is part of the need, we end up learning by chance or many opportunities to learn, and there is so Learning is profit and competitive edge. fun of life. When was the last time you command. Neither one is very powerful. much to be gained by learning that it sim - The soul of business is innovation; the soul picked up a new sport, game or hobby? ply doesn’t make sense to relegate your of personal leadership is the innovation of We learn these things not because we have Learning by chance means you take oppor - learning to the whims of chance and com - the self. You can’t have one without the to, but because we want to. Your vision tunities to learn whenever they show up, but mand. You need to learn by choice. other. If you want to have, run, or be part and goals will be infused with a new sense you don’t necessarily go looking for more. of a business that succeeds in a time of of exuberance when you commit to learn - A conference brochure arrives; it seems Learning by choice means carefully set - change, you need to be willing to change, ing what you need to learn in order to interesting; you go . A friend recommends a ting up your own learning opportunities as well. Think about it. If another compa - achieve them. You will know that you can book; it looks good; you read it. You take based solely on what you need to get bet - ny is doing better than yours, what do you do anything you want to as long as you opportunities to learn as they come to you – ter results. need to learn to be better able to compete? know how to learn. in other words, when it’s convenient. If you personally are stuck in a rut in your Learning by choice is based on a number career, what do you need to learn to get a Learning is an essential component of Learning by command means you learn of assumptions. more competitive edge? Without asking leadership, but not all learning experiences when someone else demands it. When these questions, you will start to languish (See Become a Better Leader on page 10) March 2012 / The New York County Lawyer 7 Tips for Starting a New Job The desired end result of your career devel - opment efforts is greater career resilience . Career resilience is your ability to success - fully adapt to career changes (whether they be economically, organizationally, or self- initiated), make smart career decisions, effectively market yourself and your value, and proactively manage your career. Career resilience derives from a strong understand - ing of yourself, your strengths, and your goals. Your economic value in the market - place and your ability to anticipate and adapt to career-related changes and chal - lenges are also factors of career resilience. Various techniques and tools are essential in proactively managing your career.

Your career is a constantly evolving following activities during each of the résumé. Staying on top of your accom - specified time periods. plishments and keeping your résumé cur - rent will help you stay fresh and ensure 30 Days you are on the right track. You should During the first 30 days on the new job, think about these questions: you should: • How will I keep myself on track • Learn about the company and its when I find myself straying? products or services • Who will be on my career support • Understand the company’s “written” team? values and cultural traits • How will I know if I am on the • Understand organizational structure wrong track? (reporting relationships) • Learn about the responsibilities of To become resilient, you really need to be your role forward thinking and oriented toward the • Set small and achievable goals to future. You need to ask yourself the basic generate modest wins question, “How can I best equip myself • Meet with key managers to under - for success now and tomorrow?” To help stand company dynamics you equip for your new career, you need to develop a 30-60-90 day plan. 60 Days Within 60 days of being on the new job, The 30-60-90 Day Plan you should: It is all too easy to lose oneself in the excite - • Recite the issues the company faces ment and challenge of a new career, job, and with respect to its products and services industry. You have worked hard to make the • Know the company’s key customers transition. Now it is time to make the right by name impact, right? Yes and no. Of course, you • Understand who holds power and must learn all you need to learn and do all influence in the company (it is not you need to do. Included in “all you need to necessarily the managers) learn” and “all you need to do” is the idea of • Set preliminary expectations about having a plan. Unless you expect this to be your role the last job you will ever have, this job is • Take on slightly bigger problems or part of your overall career strategy. As projects to generate important wins already learned, it is important to have spe - • Meet with key influencers to better cific goals at each stage of one’s career. assess company dynamics

Before you start your new job, you need 90 Days to sit down and establish some goals for After 90 days on the new job, you the first 30 days, 60 days, and 90 days. should: Some questions to help you get started • Make recommendations/observations are listed below: that you notice about product and • What do you want to accomplish to service strengths/weaknesses validate your new employer’s faith? • Gain perspective on what key cus - • What do you want to accomplish to tomers think about the company lay the groundwork for continuing • Reshape your role to fit the needs of progress? the organization and customers • Build relationships with key internal Depending on your manager and the and external stakeholders company’s policies, you should establish • Introduce plans and recommenda - some basic goals with your immediate tions for tackling bigger problems superior for each of these milestones, and • Be open to feedback and insight then work together to set a review about your contributions and style process in place. You should focus on the ©2012 TalentGuard Networking Do’s and Don’ts Who do you know who can help you secure your next job? Networking—a way of meeting people in your chosen industry who you can build relationships with and help you in your search—can be a valuable of the aspect of the job-search process. Statistics show that 60 percent of people find jobs through successful networking. When networking, keep the following do’s and don’ts in mind:

Do always err on the side of “professional” Do check your communications for misspellings, grammar, etc. Do your homework. Take the time to learn about your networking contact’s com - pany or past experience. DON’T send along your resume unless the contact has requested it . DON’T ask about job openings. DON’T expect anyone to do the work for you. 8 March 2012 / The New York County Lawyer Recent Events NYCLA Honors United States Attorney

NYCLA’s President, Stewart D. Aaron, poses with Ida B. Wells-Barnett, Justice Award winner, Loretta E. Lynch, United States Attorney for the Eastern District of New York (third from left) following the Award ceremony at NYCLA Home of Law on Tuesday, February 21. R. Nadine Fontaine, left, president-elect of the Metropolitan Black Bar Association; Catherine A. Christian, a Manhattan assis - tant district attorney who presented the award (second from left); Brooklyn Supreme Court Justice Yvonne Lewis (third from right); and Queens Supreme Court Justice Pam Jackman-Brown (second from right) were also on hand to congratu - late Ms. Lynch. (Photo credit: Rick Kopstein, New York Law Journal)

Federal Courts Committee Hosts Special Guests

The Honorable Victor Marrero, Magistrate Judge for the Southern District of New York, was the guest speaker at the January 18 Federal Courts Committee meeting hosted by former Committee Chair Richard A. Williamson of Flemming Zulack Williamson Zauderer. Pictured from left to right are Mr. Williamson, Judge Ellis, and Gregg Kanter, Chair of the Committee. The Honorable Robert Levy, Magistrate Judge for the Eastern District of New York, was the guest speaker at the December 7 Federal Courts Committee meeting hosted by Jai Chandrasekhar of Bernstein Litowitz Berger & Grossmann LLP. Pictured from left to right are Judge Levy, Carolyn Kubitschek, Gregg Kanter, Congratulations! Chair of the Committee, and Mr. Chandrasekhar.

NYCLA Congratulates:

Hon. Sherry Klein Heitler, Administrative Judge for Civil Matters, First Judicial District as its Call for Applications: Honorable Charles L. Brieant, Jr. Judicial Internship Justice Louis J. Capozzoli Gavel Award recipient First- and second-year law school students are invited to apply to the Southern District of New York’s Honorable Charles L. Brieant, Jr. Judicial Internship for the summer of 2012. Work under the supervision of the Chief Judge to & research and write about issues that confront the Court as a whole and benefit from a $5,000 tuition credit.

The Honorable Kevin Nathaniel To apply, send a cover letter, a resume, a writing sample, and a transcript to The Honorable Loretta A. Preska, 500 Pearl Street, Room 2220, New York, New York 10007, by March 19. Fox Appointed Chief Magistrate Judge of the Southern District of New York March 2012 / The New York County Lawyer 9 Recent Events CLE Hosts Mentoring Kick-Off Mentors and mentees of the 2012 ”class” of NYCLA’s Mentoring Program gathered on February 8, for a kickoff cocktail reception and pro - gram. Mentors and mentees met their counterparts, while mingling with other members of the program and the Advisory Board. They then attended a CLE program on How to Get the Most Out of a Mentoring Relationship and Improve the Way You Practice Law. Fifteen mentors and 15 mentees are participating in the 9-month program which combines one-on-one mentoring relationships with CLE programs and NYCLA President Stewart Aaron meets informal networking opportunities. his mentee for the first time

NYCLA Hosts “Boost Your Energy and Reduce Stress” Alex Hadassah Anzalone, founder of Alex Anzalone Coaching, Holistic Health Coach and New York Attorney with a passion for healthy living, presented “Boost Your Energy and Reduce Your Stress ” on January 19 to a group of NYCLA members. Anzalone taught attendees easy and practical ways to make healthy food choices at work ; have energy all day long, every day ; reduce sugar cravings; and reduce stress . Third time mentor Murray Schwartz (center) meets his mentee.

Public Forum/Networking Mixer

Adam Roth, Esq. (second from left), moderates a panel of experts at NYCLA’s January 26 event, So You Want to Be a Trial Lawyer? Lindsey James, Corporation Counsel Tort Division, Kings County (far left); Hon. Elizabeth Bonina, New York Supreme Court (center); Ryan O’Dell, Bronx Defenders (sec - ond from right); and Charlotte Owens, Brooklyn District Attorneys’ Office, all participated in this Public Forum/Networking Mixer. 10 March 2012 / The New York County Lawyer Library Notes To make suggestions about book, e-book or database New Editions purchases, please contact Dan Jordan by email at Access Your Library Resources [email protected] or by phone at 212-267-6646 West’s New York Practice Series: 2011-2012 General ext. 204. Index Pamphlet (Thomson West). There are multiple areas to hone in on in order to shape your career in the legal field, including the area of legal Featured Internet Site Newly Updated research. The NYCLA Law Library, with a multitude of resources, including fee-based research and copying services and a strong print collection and access to Lexis, Bazelon Center for Mental Health Bender’s Federal Practice Forms Release number 139 Westlaw, Bloomberg and many other databases, can help (http://www.bazelon.org /) (LexisNexis Matthew Bender). you start your career, restart your career, or mold your • A good place to begin research into mental disability Collier on Bankruptcy, 16th edition, Release number career to the best approximation of what you want. Open law. 120 (LexisNexis Matthew Bender). to members, the Law Library offers unlimited, no-cost, • The nonprofit center, has lobbied and litigated in Employment Law in New York, 2011-12 pocket parts onsite access to and training on research tools. order to improve access to mental health services (LexisNexis Matthew Bender). since 1972 Moore’s Federal Practice, 3rd edition, Release number Our professional librarians offer personalized refer - • The text of the Health Care Reform Act and its 172 . (LexisNexis Matthew Bender). ence assistance to users in person, over the phone and implications for mental health, social security dis - New York Civil Practice: CPLR Release number 142 via e-mail on the following services: ability and the threat to children’s disability benefits (LexisNexis Mathew Bender can be found with information on mental health Personal Injury Practice in New York, 2011-12 pam - • Records & Briefs services for children and special education, includ - phlets and CD (LexisNexis Matthew Bender). The reference staff will locate, pull and copy any ing the transition to adulthood and campus mental Record and Brief in the Library’s extensive col - health services. Periodicals lection. Through its Research Services, the • Each issue links to resources such as rules, laws, posi - Library staff will also research the briefs for any tion statements and links to helpful resources. 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Many county bar associations throughout New York State Courts , as updated and invaluable practical and strategic advice.” New York State have recently published expanded in its third edition, continues to book reviews in their newsletters of the be an indispensable resource for anyone Westchester County Bar Association : Third Edition of Commercial Litigation who litigates commercial cases in New The review in the Westchester County in New York State Courts , a joint venture York State courts.” Bar Association Newsletter stated: “The of NYCLA and Thomson Reuters . The original work and subsequent editions critical acclaim by these county bar asso - Oneida County Bar Association : The have become the leading treatise on com - ciations for the Third Edition of this trea - review in the Oneida County Bar mercial law in the State of New York and tise has been extraordinary. NYCLA is Association Bar News concluded: “ The an important resource for commercial proud to share the following excerpts utility of this book for New York practitioners and members of the judici - from some of these book reviews with practitioners cannot be overstated. I know ary alike . . . . In the final analysis, NYCLA’s members. of no other work that provides such Commercial Litigation in New York State comprehensive coverage of the procedural Courts , Third Edition, is an excellent Albany County Bar Association : The and substantive commercial law of this treatise on the subject and a vital and review in the Albany County Bar state. The practitioner is provided with the important addition to the library of the Association Newsletter stated: “A legal law for both the starting point and for the Bench and Bar.” treatise is worth the cost of acquisition if it end of commercial litigation in New York will help you work faster or find answers State and a first-rate analysis of This six volume, 7,769 page treatise, con - that might otherwise evade you. The third everything in between.” tains the work of 144 principal authors. edition of ‘Commercial Litigation in New Former NYCLA President Robert L. York State Courts’ does both and is highly Suffolk County Bar Association : The Haig of Kelley Drye & Warren LLP addition, there are hundreds of pages of recommended if you do any volume of review in The Suffolk Lawyer stated: “ It serves as the Editor-in-Chief. The Third essential litigation forms and jury charges commercial litigation work.” is the opinion of this reviewer that the Edition is a step-by-step practice guide in print and on a CD-ROM that comes Third Edition of Commercial Litigation that covers every aspect of a commercial with the set. Erie County Bar Association : The in New York State Courts is an case in New York State courts, from the review in the Eric County Bar indispensable resource which should be a investigation and assessment that take More information about the Third Edition Association Bulletin concluded by stating part of every commercial litigator’s place at the inception through pleadings, of Commercial Litigation in New York that “this treatise is a ‘must have’ refer - library. Bob Haig and the many judges discovery, motions, trial, appeal, and State Courts is available by calling ence work for both experienced and new and lawyers who contributed to this great enforcement of judgment. Great emphasis Thomson Reuters at 1-800-344-5009 or commercial litigators.” work are truly deserving of the thanks of is placed on strategic considerations spe - online at www.west.thomson.com . the commercial litigation bar for cific to commercial cases. The treatise NYCLA members receive a 40 percent Nassau County Bar Association : The providing us with a comprehensive, also contains 38 substantive law chapters discount from the list price . All royalties book review in the Nassau Lawyer con - authoritative and eminently readable that cover the subjects most commonly from sales of the treatise and its annual cluded that “ Commercial Litigation in source of pertinent information and encountered in commercial cases. In pocket parts go to NYCLA .

• Think about your vision or an impor - This approach will steer you away from coach specializing in leadership develop - Become A Better Leader tant goal. learning by chance and help you choose ment and the author of The Inner Edge: (Continued from page 6) • Brainstorm. What do you need to your learning, so it’s more strategic and The 10 Practices of Personal Leadership, learn in order to achieve this vision leads directly to your vision. which shows leaders how to improve their are equally powerful. Learning by choice or goal? effectiveness by learning to lead them - means understanding exactly what you • Choose one area in which to focus If you really want to lead well and live selves. Her newsletter, Inner Edge need to learn in order to achieve your your learning, and choose the one that well, you must learn to learn well, too. Insights, offers articles, exercises, tips, vision. is likely to have the biggest impact. quotes, and success stories from real lead - • Ask yourself, “What’s the most power - ABOUT THE AUTHOR ers to help you excel. To register, please Try this simple exercise to sharpen your ful way I can learn in this area to get visit www.TheInnerEdge.com and click approach to learning. the best and fastest results? ” Joelle K. Jay, Ph.D. on Newsletter, or email (http://joellekjay.com/) is an executive [email protected]. 12 March 2012 / The New York County Lawyer Committee Connection Misconceptions about New York State Libel Law

By Evelyn Konrad, Esq. York State and Words Matter takes on enormous evidentiary weight. “The approach now used in this State Yet the standard most frequently miscon - The First Amendment of the U.S. for determining which statements are The Hon. Judith Kaye, former Chief strued is the libel defense called “sub - Constitution, especially Freedom of protected opinion and which are unpro - Justice of the New York State Court of stantially true.” The courts often rely on Expression, continues to be the most emu - tected factual assertions is based on a Appeals, put it this way in her majority a 1934 case , the Fleckenstein (8) case. lated part of our Constitution throughout four-part formula enunciated in Ollman decision in Immuno (5): This case states that “substantially true” the world.* The Freedom of Expression, (2) . . . The four factors of the Ollman is applicable only within shadings of however, is also one of the most misun - formula are : (1) whether the statement “... We did not, and do not, hold that all facts, not contradiction. Two examples: derstood areas of constitutional law. And at issue has a precise meaning so as to letters to the editor are absolutely New York courts are known to make it give rise to clear factual implications; immune from defamation actions, or If an attorney claims that he stated the harder to litigate a libel case than for a (2) the degree to which the statements that there is a wholesale exemption for same facts in seven motions or memoran - camel to glide through the eye of a needle. are verifiable, i.e. ‘objectively capable anything that might be labeled ‘opin - da of law, but he had stated those facts of proof or disproof’;... “ ion.’” either in six or in eight court documents. I have been a plaintiff in a New York “... In determining whether speech is Then, in accordance with Fleckenstein , State libel suit, and today, two years after Justice Saxe added that the two context actionable, courts must . . . consider the attorney’s statement is “substantially its commencement and after an Appellate parts of the Ollman formula were the impression created by the words . . true.” Division decision, my questions are changed by the U.S. Supreme Court: .from the point of view of the reason - based on my Record on Appeal and on able person.” Suppose, however, that a litigant states my research which may help other libel “The United States Supreme Court sub - that “Roger is alive and well,” but it litigators in this State. stantially altered the last two ‘context’ In brief, it is the “reasonable person” turns out that Roger died two months considerations of this formula in who would construe a statement as earlier. Is the statement “Roger is alive Current New York State libel law Milkovich (3) , which decision ‘put an end defamatory. and well” to be judged “substantially to the... misperception – traceable to dic - true ”? Clearly not. In his opinion in the Sandals (1) case, the tum in Gertz (4) that... there is a whole - In another recent decision by the Hon. David B. Saxe of the New York sale defamation exemption for anything Appellate Division, 1st Department, Are Malice or Prior Defamation State Supreme Court Appellate Division, that might be labeled ‘opinion.’” namely in GS Plasticos Limitada (6) , the Insurmountable Obstacles to a Libel First Department, demystified libel law court said, “Based on use of the words ‘it Claim? in New York State: Opinion Can be Actionable in New is likely’ and ‘may’ when describing defendant’s purported misconduct, an Proving malice becomes important only average reader would understand these in the case of a “public figure” or some - Meeting Schedule words ‘as mere allegations to be investi - one who has become a “limited public gated rather than as facts.”** This the figure.” However, malice is defined in same rationale won the defendant a deci - one of two ways: (1) the defendant wrote Don’t miss NYCLA’s March Committee Meetings! sion in the oft-quoted and often misun - the defamatory statement knowing it was derstood Brian (7) case. false or with reckless disregard for he March 5 Law Related Ed. 4th Floor Board Room , 5:45pm truth, or (2) the common-law standard of But it is the court that determines what ill will. Judicial Section Room #6, 4th floor, 6 p.m. statements have evidentiary value and which ones do not. In libel cases espe - The fact that a false accusation had pre - March 6 Supreme Court 2nd Floor Lounge , 5:30pm cially, this choice of evidence can be a viously been published “does not mean challenge to objectivity. that the fact that the plaintiff had been falsely accused earlier means that he March 8 Central Screening 4th Floor Board Room , 6 p.m. The Reasonable Person Is Supposed to could not be further injured,” in Stern (9). Determine Meaning of a Word And, in Charles Atlas (10) , the court held March 13 Animal Law 4th Floor, Room # 5 , 6 p.m. that “an individual’s challenge to a cur - A layman’s interpretation of many words rent statement that had not been chal - Civil Rights & Liberties 4th Floor, Room # 6 , 6 p.m. is likely to differ sharply from the mean - lenged earlier did not support a finding Taxation 4th Floor Board Room , 6 p.m. ing that judges might give it. The court in that an individual was libel-proof.” Cypberspace 4th floor, Room #2, 6:30 p.m. my libel suit held that the word “dis - Health Law 4th floor, Room #4, 6:30 p.m.. charged” was not defamatory because an In the defendant’s letter to the editor, at attorney may be discharged by a client at issue in the dismissed libel case, the any time, with or without cause. This fact defendant boasts that he had never met March 14 Membership 4th Floor Board Room , 8:30 a.m. is well known to the legal community. the plaintiff nor spoken to her. In But what about the “reasonable person” Immuno (5) , the editor had sent the March 15 Tort Law 4th Floor, Room # 5, 6 p.m. who gets his news from a Village news - McGreal letter to the plaintiff before paper and from cable news channels? publication, giving the plaintiff a chance Might that “reasonable person” interpret to make corrections. March 20 Civil Court Practice 4th Floor Board Room , 5:30 p.m. “discharged” as “fired,” with all its nega - Immigration 4th Floor, Room # 5 , 6 p.m. tive implications? Libel cases may arise out of contract Young Lawyers’ Section Blank Rome, 6:30 p.m. disputes, out of employment practices, From their decision dismissing the libel in a professional competition , and even *Guest speakers, Andrew Gurman, Managing Director, Michael Lord & Co. and Jill suit being discussed here: “The assertion in the context of volunteer services. Backer, Brooklyn Law School Career Center, on “The State of the Job Market” that plaintiff, an attorney, had been dis - And the court decisions and the prece - charged by a client, was true. . .” But dent cases are as varied as the situations March 21 Law & Literature 4th Floor, Room #6, 6 p.m three of the appellate judges ignored their ending in a libel suit. The libel suit own unanimous decision, reprinted in mentioned in this article which I was a *Typhoon by Joseph Conrad the voluminous Record on Appeal, where plantiff occurred after six years of con - Minorities & The Law 4th Floor, Room #5, 6 p.m. the same three judges had granted plain - tentious land-use litigation and it Women’s Rights 4th Floor, Room # 4 6 p.m. tiff’s 6 October 2009 motion “for an involved much of the libel law outlined Criminal Justice Section 4th Floor Board Room , 6 p.m. order relieving her as appellant’s coun - above. sel,” after eighteen months of successful litigation. * From a study by Prof. David S. Law of March 29 Election Law 4th Floor, Room #2, 6 p.m. Washington University and Prof. Mila Substantial Truth Versteeg of the University of Virginia, As a NYCLA member you can join any committee you like. previewed in “We the People’ Loses Since truth of a statement is a complete Followers,” The New York Times, Join today at www.nycla.org . defense against a libel action, the phrase February 7, 2012, and to be published in that a statement is “substantially true” (See Libel Law on page 13) March 2012 / The New York County Lawyer 13 Committee Connection Criminal Justice Section Advocates for Sealing Reform Committee More New Yorkers than ever have dis - Other than these exceptions, a conviction basic needs, and a criminal conviction coverable criminal records that could follows an ex-offender to the grave. But can be an insurmountable hurdle to News come up during a background check. the New York legal community is look - employment. Currently, New York State does not have ing to create change in this arena to allow Committee on an expungement or sealing law applica - a person with a criminal record to have a The New York State Bar Association Supreme Court Award ble to adults who are convicted of “second chance” after a suitable period of (NYSBA)’s Criminal Justice Section’s felonies, misdemeanors, or petty offens - lawful living and rehabilitation, to pursue Final Report and Recommendations es, other than drug defendants who have employment, licensing, housing, educa - Regarding Sealing of Certain Crimes in Committee on the Supreme completed judicial diversion programs, tion, and other benefits without the stig - New York State was approved by the Court’s recipient of the Louis J. DTAP programs , or certain sentences of ma of a prior arrest or conviction. NYSBA House of Delegates on January Capozzoli Gavel Award at our parole. Without employment, ex-offenders can - 27, 2012. The Report recommends an 2012 Law Day Luncheon on April not meet their own or their families’ amendment to the Criminal Procedure 27 at Cipriani Wall Street will be Law that would permit a person to apply Hon. Sherry Klein Heitler, to seal a record of conviction , rendering Administrative Judge Civil Fashion Law Committee Brings Style to NYCLA court records inaccessible and protected Branch, Supreme Court. The unless the person is arrested for or for - Award will be presented to her by mally charged with any misdemeanor or NYCLA’s Fashion Law Committee is Hon. Betty Ellerin, former felony offense. notorious for bringing style to NYCLA. And in March, for lawyers interest - Presiding Justice, Appellate This past fall, it hosted a panel of ed in exploring careers in the fash - NYCLA’s Criminal Justice Section , Division, First Department. Fashion Lawyers on the challenges of ion industry, the Committee will which has advocated for sealing reform Fashion Law, which included FIT host a Public Forum open to the for several years, contributed amend - Environmental Law Professor Guillermo Jimenez who cov - public, Getting on the Catwalk: ments to the Report for inclusion in a Committee Fights for ered “The Innovative Design and Piracy Careers for Lawyers in Fashion state bill. “NYCLA has been on record as Protection Act” (IDPPA) now pending in Law , on March 8 at 7 p.m . Water Regulations supporting legislative reform of New Congress, and the three distinct kinds of York’s antiquated statutory scheme for “knocking off” a Fashion Design. While Event Chair Quinn Taurman , NY NYCLA’s Environmental Law sealing arrest, prosecution and conviction one kind of ‘knocking off’ is legal, the Committee recently submitted Law School , will moderate a panel records for those involved in the state’s second kind risks civil penalties, and the comments in response to the of experts including Karen Ash , criminal justice system,” says Hon. third kind risks criminal penalties. New York State Department of Partner and National Co- Michael Yavinsky, former Chair of the Environmental Conservation’s Chairperson, Intellectual Property Section and Member of the Board of Panelist Viviana Mura, Esq. expounded Department, Katten Muchin Directors . “ The NYSBA’s current sealing (DEC) proposed regulation of the on using Trademark Law to protect Rosenman LLP ; Charles Colman , proposal should be supported …because it use of New York’s water Fashion Designs, e.g. the famous shoes Charles Colman Law, PLLC ; David is a natural extension of the NYCLA resources that would implement a whose “red soles” noted Designer Faux , Law Offices of David Faux ; position.” permitting, registration and Christian Louboutin has been attempting Guillermo Jimenez , Professor reporting program for water to trademark. Ms. Mura also explained (F.I.T.-SUNY, Iona, I.S.M.) ; NYCLA proposed a two-year waiting withdrawals equaling or exceed - the spectrum of protection generally Barbara Kolsun , General Counsel period before a person convicted of a ing a threshold volume of & VP , Stuart Weitzman, LLC ; and available under Federal Trademark Law. negligible petty offense can apply for 100,000 gallons per day. Heather McDonald , Baker sealing and a 20-day notice requirement Panelist Joseph Murphy, Esq., a Fashion Hostetler LLP . to apprise prosecuting agencies of a seal - and Patent Attorney, explained the use ing application. of patents to protect Fashion Designs in Focus on footwear, underwear, and in outerwear NYCLA members interested in this area Join the Criminal Justice Section to help such as dresses. He emphasized how are encouraged to email Fashion Law NYCLA advocate for sealing reform and Advocacy Design Patents could be used to greater Committee Chair Joseph Murphy at other key criminal justice issues—visit nycla.org and click on ‘Committees’ to effect to protect Fashion Designs. [email protected]. NYCLA is urging Congress to get involved . resist legislation that would entail further drastic reductions Libel Law (6) GS Plasticos Limitada v. Bureau Veritas, in the budget for the federal judi - FOOTNOTES 84 A.D.3d 518; 922 N.Y,S.2d 365 (151 Dept. ciary. NYCLA’s President (Continued from page 12) (1) Sandals Resorts Int’l Ltd. v. Google, Inc., 2011) Stewart D. Aaron sent letters to 86 A.D.3d 32; 925 N.Y.S.2d 407 (1S1 Dep’t (7) Brian v. Richardson. 87 N.Y.2d 46 (1995) senators and representatives, June 2012 in the New York University 2011) (8)Fleckenstein v. Friedman, 241 A.D. 212, along with information from the Law Review . (2) Oilman v. Evans, 750 F.2d 970, (DC Cir 271 N.Y.S.624 (1934) Chief Judges of the Southern and ** The defendant in the libel case previ - 1984), cert denied, 471 U.S. 1127, (1985) (9) Stern v. Cosby, 645 F. Supp. 2d 258, Eastern Districts of New York ously mentioned that each of his four (3) Milkovich v. Lorain Journal Co., 497 U.S. (S.D.N.Y.2009) detailing the effect that budget damaging statements as “unimpeachable 1 , (1990) (10) Charles Atlas Ltd. v. Time-Life Books, cuts would have on their courts, facts,” not as allegations, even though (4) Gertz v. Robert Welch, Inc. 418 U.S. 323, Inc., 570 F. Supp. (S.D.N. Y,1983) and a copy of the Public Hearing Report published last month by every one of these statements was and is 339 (l974) (II) Roche v. }.1uivihill, 214 AD.2d 376,625 NYCLA. proven to be false in the 830-page Record (5) Immuno AG v. 1’.1oor-Jankowski, 77 N.Y,S.2d 169 (lS! Dep’t. 1995) on Appeal, referred to in plaintiff’s briefs. N.Y.2d 235 (N.Y, Ct. of Appeals 1991)

STRICTLY PROFESSIONAL

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TO PLACE YOUR AD CALL TODAY 631-427-7000 14 March 2012 / The New York County Lawyer Young Lawyers Tips for Summer Associates

By Brett S. Ward that it is not all work and also provides and whose office is dark every night important. Moving laterally, especially the attorneys with an opportunity to get when they leave. Also, if you hear of an in your first few years out of law school, Five years ago, there would be many who to know the summer associates on a important case going on, contact the is a difficult thing to do. Further, it is would simply offer the following advice more personal level. The main purpose assigning partner and see if you can help something you will have to explain every in response to this article title: “do not do is for you to have fun, but this is not Las out. Offer to come in over the weekend time somebody reviews your resume. anything really stupid and you will be Vegas, what happens during the social or stay late at night to assist. Whether Work is likely going to be a major part of fine.” But as anybody reading this events does not necessarily stay at the the offer is accepted or not, you have your life for many, many years to come. already knows, times have changed. social events. Stories about excessive likely made a good impression. If you like the people with whom you Almost uniformly, summer associate class alcohol consumption and other unfortu - work, that is a benefit upon which you sizes have decreased, as have the size of nate conduct, such as rude and insensi - Learn As Much As You Possibly Can : cannot put a price. the classes hired after law school. Simply tive behavior, are going to get back to the Much of the above advice is focused on put, there is no guarantee that a summer hiring partners. That being said, you how you can impress your superiors. But Brett Ward is the co-chair of NYCLA’s associate position will automatically turn should make an effort to attend most, if take some time to make sure you want to Young Lawyers’ Section and Partner at into a post-law school job. Here are a few not all, of the scheduled events. And work at that firm – the cultural fit is Blank Rome LLP. tips for those who want to better their own when you are there, try to have a good chances that it will land you an offer : time, just stay in control .

Make No Mistake, This is Your First Dress for Success: If you are going to Impression : Whether your assignments stand out, make sure it is because you are Young Lawyers’ Section Events are substantive or not, require tremendous working hard or because you are producing effort or are quite brief, or you are excellent work. Your summer with the law Tuesday, March 6 Brooklyn Law School assigned to work with a senior partner or firm is not the time to get an experimental Confirmed Panelists: Danielle Eckelt , junior associate, your time as a summer haircut or try out the latest clothing fash - In Practice Senior Regional Director, Kaplan associate is your first, and may be your ions. If your firm requires business attire, 12:30-1:30 p.m. PMBR ; Ann Gittleman Wallier , only, chance to make a good impression wear a suit every day. If the attire is busi - Director, Kinetic Partners ; Susan on your employer. It is unlikely that you Manhattan D.A.’s Office ness casual, make sure you know what that Moon , Columnist, Above the Law , Vice are going to be inundated with large term means and live by the rules. If you President, Wyndham Worldwide ; Neil amounts of substantive work requiring all are dressed in a more casual fashion than Thursday, March 8 Squillante , President, PeerViews Inc. ; nighters, so take the time you have to some of the attorneys around you, you are Josh Warrum , Co-Founder and COO , excel at your first few assignments. If you making a mistake. Law school provides Public Forum : Getting on the are asked to digest a deposition, make you with three years during which you can Catwalk: Careers for Lawyers in ADstruc, Inc . sure your digest is easy to read, sufficient - wear jeans and sneakers every day. Dust Fashion Law ly detailed, and typo free. The summer off the nice suits and conservative 7 p.m. Tuesday, March 20 will fly by and your opportunities to work ties/blouses for the summer job. NYCLA Home of Law with different lawyers may be somewhat Section Meeting: State of the Legal limited, so make sure the first few attor - Make Your Superiors Notice You : If Monday, March 19 Job Market neys with whom you work are impressed you are trying to make an impression on 6:30 pm with the product you put on their desk. a senior partner with whom you have not Public Forum : The Lawyer Who Blank Rome had the chance to work, make casual Speakers : Jill Back , Brooklyn Law Be Social, But Not Too Social: Isn’t a Lawyer: Alternate Careers interactions work for you. Make an School ; Andrew Gurman , Michael Inevitably, summer programs have vari - for Attorneys effort to arrive at the office earlier than Lord & Co ; Elizabeth Halpern , ous social events that are scheduled that partner or consistently leave later Time 6:30 p.m Blank Rome LLP . throughout the season. This provides the than that partner. Attorneys definitely firm with an opportunity to show you notice who is working when they arrive Court Simplification in New York

By Stephen P. Younger malpractice, or commercial dispute. ommendations addressing how to fill New York County judicial positions in the new structure Lawyers ’Association, to join the chorus The time is long overdue for serious This complex structure also imposes and other related issues. of voices calling for reform. court reform in New York. Our out - substantial and unnecessary costs on moded court structure is almost 50 years court users and taxpayers, a problem that The 2007 study commissioned by Chief Source: Special Commission on the old and New Yorkers can no longer worsens as the number and complexity Judge Kaye echoed these recommenda - Future of the New York State Courts, afford the inefficiencies it produces. of cases grow .1 A 2007 study commis - tions. In November 2011, NYSBA’s A Court System for the Future (2007) sioned by former Chief Judge Judith S. Executive Committee re-affirmed these at 109. As any New York litigator can tell Kaye found that consolidating our courts recommendations to simplify our state’s you, the New York court system is would save approximately $500 million court structure and made this issue one Mr. Younger is a partner in Patterson highly fragmented and unwieldy. annually by reducing costs for business - of its top legislative priorities. To that Belknap Webb & Tyler LLP and is There are 11 separate trial courts with es and individuals who use the courts end, NYSBA is working this year with immediate past president of the New different jurisdictions, rules, processes, and by reducing budget expenditures for the Fund for Modern Courts and other York State Bar Association. Noah Stein and systems. The structure is cumber - the state. stakeholders to convene a broad coali - of Patterson Belknap assisted in the some to administer and, for attorneys tion of business, legal, civic, good-gov - preparation of this article. and litigants (especially the unrepre - Because of these problems, advocates ernment, and other groups who favor sented), it can be a nightmare to navi - have increasingly been calling for such reform, to build consensus and FOOTNOTES gate. For example, a family in crisis reform. In 1998, the New York State press for change. As more groups join that needs to adjudicate matrimonial, Bar Association (NYSBA) passed a res - the effort, the coalition will seek to 1. The caseload of the courts has quadru - custody, and domestic violence matters olution recommending that the multiple introduce the constitutional amendment pled in the last 50 years, from about one may need to obtain relief by going trial courts be consolidated into a two- necessary for this reform and try to million new filings annually to more than back and forth between three separate tiered system. Because the current achieve first passage in the 2012 leg - four million. The complexity of these cases also has increased, for example , due courts, the Supreme Court, Family court structure is provided for in the islative session and second passage in 2 to heightened standards for judicial over - Court, and a criminal court. Similarly, state constitution, the NYSBA resolu - the 2013 session, so that the amend - sight in child permanency cases and injured plaintiffs must litigate simulta - tion also included a recommendation ment can be presented to voters in mandatory conferences in foreclosure neously in the Supreme Court and the for a constitutional amendment that November 2013. cases. Court of Claims whenever both the would permit the Chief Judge and the 2. New York requires that proposed consti - state and a non-state actor are named Office of Court Administration to estab - The coalition is currently encouraging tutional amendments be passed by two con - parties in a personal injury, medical lish necessary court divisions, plus rec - other bar associations, including the secutive sessions of the state’s legislature. March 2012 / The New York County Lawyer 15 SERVICE DIRECTORY

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By Eric Adler designed to “enable or facilitate” copy - loose access to service providers upon For these purposes, rogue websites are right infringement or websites that “avoid allegations rather than judicial determina - defined to including websites that merely SOPA bucks the trend of condescending confirming a high probability” of tions. Copyright infringement demands “facilitate” the commission of criminal IP legislative backronyms. With the original infringement. § 103(a)(1)(B)(i-ii). nuanced fair use considerations. Private infringement. § 102(a). This is a slippery “E-PARASITE” epithet mercifully aban - Copyright owners are unlikely to reflect definition, especially where the doned, the “short title” succinctly reflects If a holder of an IP right (not necessarily impartially on fair use (especially paro - Constitution demands narrow tailoring. the bill’s intended purpose: Stop Online the owner) believes it is harmed by a dy) before firing off a § 103(4) notifica - Piracy Act. “rogue” website, this private actor sends tion. Service providers have no incentive Giving the government the power to a takedown notice to the website’s pay - to raise the issue. meddle with the structure of the But, legislative analysis often requires read - ment processor and advertisers. § Internet has geeks up in arms. They ing beyond the Short Title. For your amuse - 103(b)(4). In response, the notified serv - These concerns raise the specter of prior shut down Wikipedia for a day, and ment, I attempt to parse the 78 page bill. ice providers must shun the rogue “as restraint, and led Prof. Larry Tribe to blacked out the Google logo in protest. expeditiously as possible, but in any case recently conclude SOPA “is a blunder - It seems this was effective. While the International Rogues . Websites dedicat - within 5 days,” 103(b)(1-2). SOPA prom - buss rather than a properly limited Internet geeks took to the streets ed to the theft of US property are a real ises complete immunity to deputized response, and its stiff penalties would protesting in front of Senator problem. Proponents of the bill call them intermediaries taking such expeditious significantly endanger legitimate web - Schumer’s office, old media baron “International Rogue Websites.” To com - action. § 104. sites and services.” Rupert Murdoch tweeted: “@rupert - bat these rogues, SOPA proposes two murdoch Seems blogosphere has suc - powerful new tools; one for the govern - The alleged rogue may file a counter- In addition to the due process concerns of ceeded in terrorizing many senators and ment (§ 102), and one for private actors notice proclaiming its innocence. § § 103, § 102 raises certain technological congressmen who previously commit - (§ 103). Since they share a similar struc - 103(b)(5). In response, to such a counter- and censorship concerns. ted. Politicians all the same.” ture, journalists and commentators tend notice, the deputies are allowed, but not to conflate the two sections. required, to restore services to the web - New Government Powers . Under § 102, Eric Adler practices patent and technolo - site. There is no corresponding immunity the attorney general may move, in rem, gy law at Adler Vermillion & Skocilich, Private Actors and Deputized for deputies that restore service. for a TRO ordering Internet service LLP. He is a member of EMIPS and Intermediaries . Under § 103(a), the providers and search engines to deny Cyberlaw committee and tweets from rogues are defined as websites primarily Blunderbuss . Under SOPA, websites access to rogue websites. @teachingaway.

make enough money to pay my mort - you need to accomplish to merit a pay be found online at www.about.com. All Ask for a Raise gage” or “My husband was just laid off increase. Do you need to work more hours rights reserved. from his job.” or assume additional responsibilities? (Continued from page 1) Sally is an attorney, editor and writer spe - 2. Provide business reasons to justify a 3. Do not base your appeal on emotion. Look beyond money at your total com - cializing in legal, career and business raise. pensation package. If your employer is topics. She has published hundreds of Although salary is a highly personal not in a financial position to offer more career-related articles in print and web- Providing your employer business rea - issue, approach the discussion as a busi - money, he may be able to offer other based media and serves as editor-in-chief sons, rather than personal reasons, for ness negotiation. Keep your tone profes - monetary benefits such as paid parking, of Paralegal Today, an international mag - giving you a raise makes it easier for him sional and refrain from allowing your extra vacation time, a project-based azine covering the paralegal profession, to justify a salary increase. Examples of emotions to influence your discussion. bonus, enhanced work benefits or compa - and editor for Litigation Support Today, business reasons include: “I consistently ny perks such as box seats. an international magazine serving the liti - outperform my higher-paid peers,” or 4. Develop a back-up plan. gation support profession. Her latest proj - “I’ve saved the company X amount of (c) 2012 Sally Kane ect is a legal careers book to be published dollars by implementing the XYZ pro - What if your boss does not grant your (http://legalcareers.about.com/). Used by Delmar, Cengage Learning. You can gram.” Personal reasons include: “I don’t request for a raise? Ask what specific goals with permission of About Inc., which can follow her on Twitter at sallyannekane.

THE MEDIUM IS THE MESSAGE

MARSHALL MCLUHAN

WHERE YOU SAY IT CAN BE AS IMPORTANT AS WHAT YOU SAY

TO PLACE YOUR AD CALL 631-427-7000 16 March 2012 / The New York County Lawyer

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