March 2007 Visit us at www.nycla.org Volume 3 / Number 2

NYCLA celebrates National Women’s History Month INSIDE NANETTE DEMBITZ LECTURE:

CHANGING THE TERMS: A LOOK AT JUVENILE DELINQUENCY

APRIL 17 3

From left to right: Rosalind S. Fink, the first woman to be elected NYCLA president, presides at the unveiling of her portrait; Edith I. Spivack, the first chair of NYCLA’s Women’s Rights Committee; Ann B. Lesk, who will become NYCLA’s president elect in May; and Catherine A. Christian, who will become NYCLA’s president in May.

In 1987, in recognition of women’s accom- Reba T. Swain – Member of the Ms. Spivack worked at the New York City MEMBER PROFILE plishments throughout history, the United Membership Committee in 1924. Department of Law for 70 years, retiring in States Congress designated March as National Ruth Lewinson – NYCLA’s longest- December 2004. She died in 2005. That year, LANCE D. MYERS Women’s History Month. This commemora- serving Treasurer from 1935 to 1971 and NYCLA established the Edith I. Spivack Fund tion is rooted in the nearly 100-year-old member of several committees In 1954, Ms. for Women in Law and Society to support pro- 4 annual observance of International Women’s Lewinson became the first woman whose por- grams for women and celebrate the achieve- Day, which takes place on March 8. This year, trait adorns the second-floor Lounge. ments of women, both in the profession and in the theme of Women’s History Month is Emilie M. Bullowa – Established the the larger society. “Generations of Women Moving History Committee on American Citizenship in 1925 Forward” and NYCLA is presenting two and served as its chair until 1932. NYCLA LEADERSHIP TODAY events to commemorate the celebration. The Florence Perlow Shientag – Director Today, there are more than a dozen women first one, on March 21, is the Civil Court from 1943 to 1949, chair of the Committee on serving as chairs and co-chairs of NYCLA com- Practice Section’s National Women’s History the Domestic Relations Court and member of mittees and sections, in addition to the women Month Luncheon, which honors Hon. Juanita several other committees. serving in leadership positions in special com- Bing Newton, Judge, Court of Claims, Caroline K. Simon – Chair of several mittees, task forces and on the NYCLA Board. Administrative Judge, Criminal Court of New committees – Civil Rights, Legal Aid and Moreover, on May 24, 2007 at NYCLA’s MESSAGE FROM THE York City, and Deputy Chief Administrative Professional Economics – from the late 1940s Annual Meeting, Catherine A. Christian will PRESIDENT Judge, Justice Initiatives. The second event on to the early 1960s. become the Association’s president and Ann B. March 26 is the 10th annual Edith I. Spivack Hon. Nanette Dembitz – Family Court Lesk will become president elect. Independence Award Reception, sponsored by the Women’s Judge and NYCLA Director in the late 1980s. Rights Committee, honoring Janet Benshoof, CATHERINE A. CHRISTIAN In memory of Judge Dembitz’s trailblazing EDWIN DAVID ROBERTSON President and Founder of the Global Justice role as a staunch advocate for children’s rights Ms. Christian, an Assistant District Center, and Founder of the Center for and her work at NYCLA, the annual Nanette Attorney in the New York County District Reproductive Rights. Nancy Northup, the cur- Dembitz Lecture series was created. On April Attorney’s Office, is Counsel for Special rent President of the Center for Reproductive 17, the Lecture will be a panel discussion, Projects in the Office of the Special Narcotics 5 Rights, will also speak. “Changing the Terms – A Look at Juvenile Prosecutor for the City of New York. She is a In addition, working with the Women’s Detention.” (For more information about this member of NYCLA’s Nominating Committee Rights Committee, NYCLA’s CLE Institute event, refer to page 3.) and numerous special committees, among launched a Women in Law – Strategies for Rosalind S. Fink – First woman to be them, the Public Service Awards Committee, ECONSTRUCTING Success Series in November 2006 with elected president at NYCLA (1997). One of Task Force on Independence of the Judiciary D leading authorities on women’s advancement the first members and a past chair of the and Justice Center. Ms. Christian previously THE BAR EXAM and retention issues. Lauren Stiller Rikleen, Women’s Rights Committee, Ms. Fink cur- served as chair of the Minorities and the Law Bowditch & Dewey, LLP, Executive Director, rently co-chairs the Task Force on Judicial Committee and Committee on Committees. MARCH 28 Bowditch Institute for Women’s Success, and Selection with Board member Susan B. She is also a member of the House of author, Ending the Gauntlet: Removing Lindenauer. Delegates of the American Bar Association, Barriers to Women’s Success in the Law, National Conference of Bar President’s 6 was a keynote speaker. The second program in EDITH I. SPIVACK Diversity Task Force, House of Delegates and the series, which takes place on April 26, fea- A NYCLA member for 44 years, Edith Nominating Committee of the New York State tures a panel discussion and networking Spivack served as chair of the newly created Bar Association and the Board of Directors reception with the general counsels of several Special Committee on Women’s Rights begin- and Nominating Committee of Legal Services TASK FORCE ON corporations. ning in 1973. It soon became a standing com- for New York City. mittee and under her extraordinary leadership, PROFESSIONALISM NYCLA’S PAST WOMEN LEADERS the Committee was highly regarded for its ANN B. LESK URVEY NYCLA has a rich history of inclusiveness. advocacy of equal rights under the law for Ms. Lesk, a partner at Fried Frank, Harris, S Women were members since the Association’s women. In recognition of her work with that Shriver & Jacobson LLP and chair of its inception in 1908 and joined the leadership Committee, as well as her service as mentor, Trusts and Estates Department, is also ranks of NYCLA in the 1920s. Among the role model and inspiration to the many women Treasurer of the NYCLA Foundation. She co- 13-14 women who attained leadership positions in lawyers with whom she worked on other chaired NYCLA’s Trusts and Estates Section the Association were: NYCLA committees, NYCLA created the and its Trusts and Estates Legislation and Edith I. Spivack Award in 1997. In 2005, Ms. Spivack was presented with the Award. See WOMENS HISTORY, Page 8 Should the amount of your Life Insurance change too?

Getting married, buying a home, starting a family and retiring are all important life events. Hand in NYCLA 10-Year Level hand with these life events should be the review of Term Life Insurance Plan. your life insurance plan. In a recent report by Features include: LIMRA International, affluent households with IEconomical group rates income greater than $100,000 often lack sufficient ISpouse coverage available life insurance.* If you happen to be one of these IBenefit amounts from $50,000 people, don’t worry. As a member of NYCLA, you to $2,000,000 have exclusive access to our 10-Year Level Term IAccelerated Death Benefit I Life Insurance Plan. Choice of Beneficiary

Contact NYCLA Sponsored Receive a free brochure that will provide you with Member Insurance Program detailed information on eligibility, rates, exclusions, Today! 1-800-539-9285 limitations, renewal provisions and more.

NYCLA Sponsored Member Insurance Program Underwritten by: 159 East County Line Road The United States Life Insurance Company Hatboro, PA 19040 in the City of New York, A member company of American International Group, Inc. 830 Third Avenue New York, NY 10022 *LIMRA International Fast Facts (July, 2004) ©2007 Affinity Insurance Services, Inc. E-3888-307 March 2007 / New York County Lawyer 3

Dembitz Lecture: Changing the terms CALENDAR OF EVENTS Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. FREE to NYCLA members – A look at juvenile detention MARCH Non-members pay $25 to attend the program and PUBLIC FORUM: VIOLENCE AGAINST receive a complimentary year of membership in CHILDREN - CHILD TRAFFICKING AND NYCLA. SEXUAL EXPLOITATION by Mather R. Martin judge. Judge Dembitz received her law Speakers: Hon. Bryan R. Williams, Member, New Thursday, March 8 degree in 1938 from Columbia Law York State Board of Law Examiners; 6:00 – 8:00 PM Eileen Shapiro, Senior Bar Examiner, New York In honor of the pioneer who challenged School, where she was an editor of the Place: NYCLA Home of Law – 14 Vesey Street State Board of Law Examiners; Sara Jo Hamilton, the status quo of juvenile welfare, Law Review and a Kent Scholar. FREE Secretary, Committee on Character and Fitness, Speakers: Guy Jacobson, Esq., Founder and President, NYCLA’s annual Nanette Dembitz Lecture In memory of Judge Dembitz’s trail- Appellate Division, First Department Red Light Children; Suzanne Tomatore, Esq., Director, will take place on Tuesday, April 17 at 6:00 blazing work, four children’s rights RSVP: [email protected] advocates will participate in the April 17 Women & Immigrant Children Project, City Bar PM at the NYCLA Home of Law. Justice Center; Hon. Richard Lee Price, Supreme PUBLIC POLICY FORUM: FEDERAL Sponsored by the Family Court and Child panel to discuss the current state of the Court, Bronx County, Chair, NYCLA Law-Related COURT REVIEW OF STATE CRIMINAL Welfare Committee, this year’s lecture, juvenile justice crisis: Dr. Delores Jones- Education Committee; Denise Scotto, Esq., Chair, CONVICTIONS – PROPOSED CHANGES Children’s Rights Committee, New York Women’s Bar “Changing the Terms – A Look at Juvenile Brown, a professor at John Jay College; Thursday, March 29 Association; and Andrew Geathers, Washington Irving Detention,” features a panel of experts dis- Mie Lewis, a staff attorney and Aryeh 6:00 PM High School debate team member This is the second in Place: NYCLA Home of Law – 14 Vesey Street cussing the current state of juvenile justice Neier Fellow working on the American a series of forums on the exploitation of children. Mr. FREE and the statutory and policy changes Civil Liberties Union Women’s Rights Jacobson will show a clip of a documentary dealing Panelists will discuss the importance of federal with child sexual exploitation. needed to create a preeminent system for Project; and Mishi Faruqee, Director, habeas corpus and measures the U.S. Congress Sponsor: Law-Related Education Committee New York State’s youth. Juvenile Justice Project, Correctional and the Courts have taken to curtail its use. Co-Sponsor: Women’s Rights Committee Association of New York. Nancy Reception to follow. In New York State, it costs upwards of RSVP: [email protected] and write ‘March 8 Speakers: Norman L. Reimer, Executive Director, $468 a day or $171,000 a year to keep one Rosenbloom, director of The Legal Aid forum’ on Subject line. child in a secure detention facility. The Society’s juvenile rights division, will National Association of Criminal Defense Lawyers, and NYCLA Immediate Past President; Hon. Lois LUNCHEON: NATIONAL WOMEN’S HIS- result is an 81 percent recidivism rate for moderate. Bloom, U.S. Magistrate Judge, Eastern District of TORY MONTH ANNUAL LUNCHEON males and 45 percent for females, low edu- Dr. Jones-Brown’s specialties include: New York; and Robert Dean, Co-Chair, NYCLA’s Wednesday, March 21 – 12:30 PM Appellate Courts Committee; Morrie Kleinbart, cational achievement, a violent and threat- juvenile justice, race and crime, criminal Place: NYCLA Home of Law – 14 Vesey Street ADA, Appeals Bureau, New York County ening environment for youth and staff, and justice administration, sociology of law and Honoree: Hon. Juanita Bing Newton, Judge, Court Moderator and Program Chair: Elliot Wales, of Claims, Administrative Judge, Criminal Court of no reconciliation for the victim. the legal socialization of adolescent males. Esq., Chair, NYSBA’s Appellate Courts Committee New York City, and Deputy Chief Administrative It is hard to imagine that the late Judge Ms. Lewis is an attorney specializing in Sponsors: NYCLA’s Federal Courts and Appellate Judge, Justice Initiatives human and immigrants’ rights and is the Courts Committees and Criminal Justice Section, Dembitz would see today’s juvenile jus- Presentation and Remarks: Hon. Jonathan New York State Bar Association’s Appellate Courts tice system as fulfilling its “duty to that author of the Human Rights Watch and Lippman, Judge, Court of Claims, and Chief Committee and Criminal Justice Section child” when that child has been placed in ACLU report, “Custody and Control: Administrative Judge RSVP: [email protected] and write ‘March 29 Tickets: $55.00 each; Table of 10: $550.00 detention. She recognized the problems Conditions of Confinement in New York’s forum’ on Subject line. in the system although her solutions were Juvenile Prisons for Girls,” published in Sponsor: Civil Court Practice Section September 2006. RSVP: Please send a check, payable to NYCLA, not always popular. ‘’My answer is that to: New York County Lawyers’ Association, 14 APRIL society and government have a duty to Prior to working at the Juvenile Vesey Street, New York, NY 10007 and include a NANETTE DEMBITZ LECTURE: that child,” she said during a 1982 inter- Justice Project at the Correctional list of the names of your guests. CHANGING THE TERMS – A LOOK AT view. ‘’I was a very hated judge, but I Association of New York, Ms. Faruqee JUVENILE DETENTION simply do not agree with those who say worked at the DC Prisoners Legal SPECIAL EVENT: EDITH I. SPIVACK Tuesday, April 17 AWARD RECEPTION 6:00-8:00 PM that the mother should always keep the Services Project. She obtained two Tuesday, March 26 Place: NYCLA Home of Law – 14 Vesey Street child and that the child will always do Master’s degrees in Urban Policy and 6:00 PM: Remarks by Ms. Benshoof and Ms. Northup FREE better at home.’’ In fact, this staunch Social Research from the New School 7:00 PM: Reception Speakers: Dr. Delores Jones-Brown, John Jay advocate for children’s rights was best and Oxford University, respectively. Place: NYCLA Home of Law – 14 Vesey Street College; Mie Lewis, Staff Attorney and Aryeh FREE Neier Fellow, ACLU Women’s Rights Project; known for her tendency to remove chil- The panel’s moderator, Ms. Rosenbloom, Honoree: Janet Benshoof, President and Founder Mishi Faruqee, Director, Juvenile Justice Project, dren from their families when she thought works at The Legal Aid Society’s Juvenile of the Global Justice Center, and Founder of the Correctional Association of New York; that home life was the cause of the Rights Division, where the lawyers repre- Center for Reproductive Rights Moderator: Nancy Rosenbloom, Director of the problem. The cousin of U.S. Supreme sent more than half of the young people in Speaker: Nancy Northup, President of the Center Special Litigation Unit, The Legal Aid Society, Court Justice Louis Dembitz Brandeis, custody. for Reproductive Rights Juvenile Rights Division Sponsor: Women’s Rights Committee Sponsor: Family Court and Child Welfare Ms. Dembitz lost her bid to become the RSVP: [email protected] and write March 26 event Committee first woman elected to the New York Ms. Martin is the Communications on the Subject line. RSVP: [email protected] and write ‘April 17 Court of Appeals in 1972. She had a pro- Assistant at the New York County event’ on Subject line. lific 15-year career as a Family Court Lawyers’ Association. DECONSTRUCTING THE BAR EXAM (For more information about this event, please refer Wednesday, March 28 to the article to the left of this calendar.) 6:00 PM Place: NYCLA Home of Law – 14 Vesey Street

SAVE THE DATE TABLE OF CONTENTS Anthony Lewis to receive Law and Literature Award on May 31 Book donations to NYCLA Author Metropolitan Museum Concert On May 31, NYCLA’s Law and chief in London and Supreme Court Collection…6 Series…11 Literature Committee will present the beat reporter in Washington, D.C. Book review…7 Musicians From Marlboro…3 Law and Literature Award to former Author of three books: Make No Law Calendar of Events…3 NYCLA Board approves two New York Times columnist Anthony (1991), Portrait of a Decade (1964), CLE News…12 governance policies…12 Lewis at a reception at the NYCLA and Gideon’s Trumpet (1964), Mr. CLE Programs…13 NYCLA celebrates National Women’s Home of Law. Two-time Pulitzer Prize Lewis earned both his bachelor’s CLE Programs at the NYCLA History Month…1 winner and author of the Op-Ed degree and J.D. from Harvard, where Library…16 NYCLA Express…6 column “Abroad at Home,” Mr. Lewis he later became a Lecturer on Law for Deconstructing the Bar Exam…6 NYLS-NYCLA Honorary Student previously held the title of bureau 15 years. Dembitz Lecture: Changing the Co-Chairs…4 terms - A look at juvenile deten- New discount for members…6 tion…3 News Alert: New Criminal Justice EMIPS Sports Law Procedures…15 Subcommittee…11 Norman Reimer receives State Bar Musicians from Marlboro Editorial Policy…15 award…6 Election Law Committee seeks mem- Past Events…10 NYCLA members are invited to the and provide your NYCLA ID number. bers…11 Practice of Law Series…17 42nd season of Musicians from Marlboro Friday, March 30 at 8:00 PM Ethics Hotline…17 Public Policy Developments…6 at the Metropolitan Museum’s Grace Harbison - ”Twilight Music” for Horn, Library Notes…16 Save the date: Law and Rainey Rogers auditorium. Tickets under Violin and Piano this offer are $25 (regularly $40) and Lower Manhattan News…15 Literature Award…3 Ravel - String Quartet in F Major Member Benefits…4 So, You Want to be a Writer…11 include free admission to the Museum. To Stravinsky - Concertino for String take advantage of this discounted ticket Quartet Member Profile…4 Substance Abuse Hotline…17 offer, please contact Julia Lin at 212-581- Brahms - Trio in E flat Major for Horn, Message from the President…5 Task Force on 5197, ext.12 or [email protected] Violin and Piano, Opus 40 Professionalism Survey…13 4 March 2007 / New York County Lawyer

MEMBER PROFILE

Name: Lance D. Myers NYLS-NYCLA Honorary Residence: New York City Status: Partner, Holland & Knight LLP Student Co-Chairs Admitted to the Bar: 1977 Education: University of Florida, B.S. Business NYCLA and New York Law School (NYLS) have launched a joint project, the Administration; Columbia University School of Law, J.D. Honorary Student Co-Chair Program, which provides law students with experience and insight into the legal community by appointing them Honorary Student Co- NYCLA Member Since 1979 Chairs of NYCLA committees. These Student Co-Chairs attend committee meet- Q. What brought you to NYCLA? ings, conduct research and assist with other committee assignments. “The program A. When I was a third-year associate at White & Case LLP, Mort Moskin, a senior cor- is a wonderful idea because it benefits both the students and the committees,” porate and securities partner, suggested I join NYCLA. He said that I could become a acknowledged Hillary Hughes, Co-Chair of the Corporation Law Committee. member of a NYCLA committee much faster than I could at the City Bar. So, I joined NYCLA and became a member of the Securities and Exchanges Committee. As a result of that committee membership, I have spoken at a conference in San Diego, made sig- New York Law School’s Mariana Hogan, Professor of Law and Director of Externship nificant and long-lasting professional relationships, and exchanged ideas on numerous Programs, and Meg Reuter, Assistant Dean for Career Planning, created the program. securities-related issues of the day. In addition, as a NYCLA member, I have partici- Students were selected through a competitive process and finalists’ names were sent pated in a number of CLE programs as an attendee and as a speaker. to NYCLA. The Membership Committee then reviewed the applications and for- Q. What do you enjoy most about practicing law? warded resumes of promising candidates to appropriate NYCLA committees. A. As a corporate and securities practitioner, I enjoy dealing with an ever-changing legal framework that tends to mirror the constantly evolving business landscape. I am Congratulations to the following students fortunate, as a partner at Holland & Knight, in being able to represent clients in various industries and in various capacities. Some days, I may be representing a client in a com- on their appointment. plicated merger transaction, while on other days, I might be representing an underwriter or issuer in a public or private securities transaction. I know that whatever work I do, Ryan Allen NYCLA will have a CLE program that could be helpful to me and my representation Cyberspace Law Committee of clients. Brian Rauer, Chair

Patrick Brown and Cassita Charles NEW MEMBER BENEFIT Entertainment, Media, Intellectual Property and Sports Law Section Olivera Medenica and Marty Novar, Co-Chairs Ever wonder what to get for the lawyer (or law student, paralegal, judge or court reporter) who has everything? Look no further because NYCLA members are now Thomas Casey entitled to a 15 percent discount on all gift items at The Billable Hour Company. Corporation Law Committee Hillary Hughes and Jose Mayet, Co-Chairs The Billable Hour Company’s mission is to foster work/life balance for legal pro- fessionals through humor. The company’s products include unique, patent-pending Stephanie Kalan and Heather Webb timepieces featuring dials marked in six-minute increments, as well as humorous law-related CD’s, clever personal accessories and desktop items that will put a smile Labor Relations and Employment Law Committee on your face. The Billable Hour Card Store is the world’s only online greeting card Deborah Zarsky, Chair store featuring humorous and customizable greeting cards especially for lawyers and other legal professionals. The store uses print-on-demand technology that allows Mark Lesniak you to send personalized cards to your clients, colleagues, prospects and friends. Trade Regulation Committee Maureen McGuirl and Matthew Wild, Co-Chairs The Billable Hour Company’s website is www.TheBillableHour.com. To receive the NYCLA member discount on your purchases, enter coupon code NYCLA at Step 2 of checkout. While you are at the site, you can sign up to receive The Timesheet, a Margaret Smyth free e-newsletter focusing on work/life balance and legal humor. Immigration and Nationality Committee Gilbert Ferrer and Eugene Glicksman, Co-Chairs

Alicia Surdyk The Ringling Bros. and Barnum & Bailey Circus Foreign and International Law Committee Saturday, March 31 – 11:00 AM Ian Anderson, Chair

Tickets for NYCLA members are $25 Alex Tolston (regularly $32.50). Banking Committee *Family of four saves $30! Herbert Thornhill and Glen Cuccinello, Co-Chairs

Seats are limited and available on a first-come, first-served basis. Make checks payable to NYCLA or pay by credit card. JOS. A. BANK CLOTHIERS (NEW BENEFIT) Send payment and a self-addressed, NYCLA members may apply for the and show your NYCLA ID card and stamped envelope to: NYCLA, Circus, Jos. A. Bank Clothiers Corporate mention the NYCLA Corporate 14 Vesey Street, New York, NY 10007. Card and receive a 20 percent dis- Company number 188486. You can Please call first to assure that tickets are count on all regularly priced mer- also request a Corporate Card and available. Tickets can also be picked up chandise for in-store, catalog and get more information at 800-285- at NYCLA. internet orders. Jos. A. Bank special- 2265, at corporatecard@jos-a- izes in professional, corporate-casual bank.com or by visiting For more information, call Katharine and casual men’s clothing. To receive www.josbank.com. You must have a Wells at 212-267-6646, ext. 209 or your FREE Corporate Card, simply Corporate Card before you can make email [email protected]. visit the nearest Jos. A. Bank store purchases online. March 2007 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Edwin David Robertson New York County Lawyers’ Association 14 Vesey Street Independence New York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252 As the New Year got underway, the Virtually all lawyers are familiar with upholding judicial independence by issue of lawyers’ independence assumed the details of how our core values speaking out when politicians or the special importance. In January, the “inde- embrace independence as a component of media unfairly make judges the scape- Edwin David pendence” issue made national headlines a lawyer’s integrity. Lawyers are sup- goats for merely doing their job of dis- Robertson when a Department of Defense official posed to shrug off any social or economic passionately applying the law to the facts President called upon American businesses to boy- pressure that threatens to dilute their and appropriately turning a deaf ear to the cott lawyers or law firms that represented undivided loyalty to clients. This notion clamor of public opinion. One of the Sophia J individuals detained for national security seems commonplace to lawyers prac- duties of a bar president is to write the reasons at Guantanamo Bay. The orga- ticing in this country; however, other editors, publishers and purveyors of Gianacoplos nized bar called for the statement’s countries’ legal systems are often under- unfair attacks on the bench. We some- Executive Director retraction and, ultimately, the official mined by social, economic or govern- times fall short in explaining the impor- resigned from his post. Ironically, the mental forces that bear on lawyers to tance of judicial independence to the Lucas A. Ferrara official was actually a lawyer and should skew their judgments or muzzle their public who miss the point. The point, of Chair, Newsletter have known better. Even after his resigna- voices. As developing countries or new course, is not that “independence” means Editorial Board tion, the bar’s denunciations continued democracies emerge from dictatorships to “unaccountability” - on the contrary, with various letters and resolutions con- embrace what we call “the rule of law,” “independence” carries many responsibil- Marilyn J. Flood demning those who try to intimidate any they soon understand that an independent ities. “Independence” is embodied in the lawyer who takes on an “unpopular” bar is just as necessary as a fair and notion of opinions that are “independent” Counsel to NYCLA client or cause. The values voiced by the impartial judiciary in assuring the bless- in the sense of being uninfluenced by any Executive Director of bar’s unified response to this incident ings of liberty and justice. improper or inappropriate considerations. the NYCLA Foundation reflect a longstanding tradition of “inde- Until the 1960s, lawyers in our Last year, NYCLA established the pendence” for lawyers here in the United southern states confronted a variety of Task Force on Judicial Independence, co- Anita Aboulafia States, as well as in countries with legal social and economic pressures whenever chaired by former Appellate Division Editor systems based on our judicial process’s they were courageous enough to represent Justice Betty Weinberg Ellerin and “adversary” system. clients seeking to demolish state-spon- Norman L. Reimer, NYCLA Immediate Director of Communications Visitors to our building at 14 Vesey sored segregation. Similar pressures bear Past President. The task force has been Street know that our main meeting hall is on lawyers who labor to vindicate the meeting with media representatives and Mather R. Martin called “Hamilton Hall” in honor of First Amendment rights of unpopular others to discuss the importance of judi- Communications Assistant Andrew Hamilton, the lawyer who repre- writers, speakers or scholars. There is no cial independence and find ways to edu- sented Peter Zenger during his 1735 trial shortage of critics who demean lawyers cate the public about its necessity. Shirley Bracken for seditious libel in colonial New York. striving to uphold our constitutional man- Surprisingly, some of the media persons Advertising Manager Without rehashing the Zenger case (now dates of due process in the realm of crim- were unaware that judicial ethics require recognized as the high-water mark of jury inal procedure. The recent Guantanamo a judge to refuse to comment on pending Long Island Business News nullification), Hamilton’s representation Bay episode shows that we must remain or impending cases and that the uniform 631-913-4262 merits special mention. Zenger’s “local alert to improper pres- responses of “no com- counsel” from New York were discharged sures on the bar. ment” from chambers are Copyright © 2007 New York County Lawyers’ Association. in the early stages of the case. Hence, a We also need to neither evidence of All rights reserved. New York lawyer came from Philadelphia to New remember that a lawyer’s embarrassment nor County Lawyers’ Association grants permission for articles and York to represent him. Zenger, as we all independence is similar admissions of error. other material herein or portions know, was acquitted because of to the sort of indepen- I urge our members to thereof to be reproduced and Hamilton’s courageous advocacy. This dence that we demand speak out and speak up distributed for educational or professional use through direct tradition of “independence” is reinforced from the judiciary. about the importance of contact with clients, prospective by virtually every component of our cur- Judges are supposed to both lawyers’ indepen- clients, professional colleagues and students provided that such rent ethical rules and precepts. be “independent” in the dence and judges’ inde- use shall not involve any matter Today, there are two parts to lawyers’ sense of being free from pendence. When we use for which payment (other than independence. One is the “independent any political or eco- the word “indepen- legal fees or tuition) is made and provided further that all advocate,” undaunted by fear of public or nomic influence that dence,” we have to dispel reproductions include the name private retribution. This sort of “indepen- might taint their judicial laypersons’ confusion of of the author of the article, the copyright notice(s) included in dence” is heroically depicted by the fic- behavior and impar- “independence” with the original publication, and a tional Atticus Finch in Harper Lee’s To tiality. Freedom from “unaccountability.” We notice indicating the name and Kill a Mockingbird. Undoubtedly, improper influences and need to emphasize the date of the Association publica- tion from which the reprint is Gregory Peck’s Oscar-winning portrayal bias, as well as the themes of fairness and made. Subscription rate: $10.00 of Finch in the movie version inspired a appearance of bias, are the hallmarks of impartiality because they resonate more per year for non-members number of us to become lawyers. judicial independence. Sadly, the general sympathetically than the word “indepen- New York County Lawyer is The second part of “independence” is public does not always appreciate the dent” with its connotations of “unac- published monthly (except embodied in the phrase “independent importance of “judicial independence” countable,” “untethered” or “out of January and August) for $10 legal advice” that characterizes the quali- and hardly a week passes without some control.” If we do not educate the public per year by New York County tative nature of what a lawyer must pro- unfair or opportunistic attack on judicial about our core values, then the bench and Lawyers’ Association, 14 Vesey Street, New York, NY 10007. vide to a client. Many of our black-letter independence from the media or a head- the bar will continue to be opportunistic Periodicals postage paid is mailed ethical precepts reinforce and protect this line-hunting politician. But, even sadder targets for cynical politicians and sensa- at New York, NY and additional type of “independence.” We avoid con- is the fact that judges are unable to defend tionalist media. Those cynics are only too mailing offices. POSTMASTER: flicts of interest to assure that our clients themselves from these attacks because eager to portray our learned profession as Send address changes to: New York County Lawyer, 14 Vesey receive advice untainted by even the hint their code of conduct forces them to a secret cabal or a mysterious ritual Street, New York, NY 10007-2992. of divided loyalties. Our ethical rules remain silent as they bear the brunt of an orchestrated by black-robed judges on require us to examine our own personal ad hominem media mugging. This con- raised platforms who invariably say “no USPS #022-995 interests and refrain from taking on a straint actually worsens the impact of the comment” when questioned before a ISSN: 1558-5786 client whose representation would pose media’s unfair coverage, in many press deadline. If we fail to educate the $10.00 of membership dues any conflict. Even in those circumstances instances because it uniformly causes the public about the significance of what we is deducted for a one-year subscription to the New York where the conflicting tugs might be spec- story to contain the phrase, “the judge do and how we do it, we will only County Lawyer. ulative or “iffy,” a lawyer must carefully declined to comment on the decision.” Of encourage the sort of social, economic explain to the client how things might pan course, that adds to the story’s impact by and political pressures that we have Photo Credits: out so that the client may make the ulti- making the judge’s ethically imposed resisted for almost three centuries since Anita Aboulafia mate determination whether to seek silence appear as tacit agreement with the the time Andrew Hamilton spoke up for Mather R. Martin advice from another attorney who is ad hominem attack itself. Peter Zenger. Anthony L. Soudatt unencumbered by that baggage. The organized bar has a good record of Michael Wechsler 6 March 2007 / New York County Lawyer

NYCLA EXPRESS Norman Reimer receives State Bar award Norman L. Reimer, Executive Director of the National Association of Criminal NYCLA EXPRESS offers Banking Practice Area Defense Lawyers and Immediate Past President of NYCLA, has received the David S. Michaels Memorial Award for Courageous Efforts in Promoting Integrity in the by Mather Martin Banking Department. It also has a link to Criminal Justice System from the New York State Bar Association’s Criminal Justice Megalaw, which provides a range of leg- Section. A criminal defense lawyer with expertise in trial and appellate advocacy in NYCLA Express, the customizable, islative and regulatory resources. both state and federal jurisdictions, Mr. Reimer was recognized for the leading roles members-only website offering content To visit the site, log on to he has played on such issues as mandatory recording of custodial interrogations, a members need in their personal and pro- www.nycla.org and click on NYCLA moratorium on death penalty prosecutions and other landmark decisions regarding fessional lives, now includes Banking as a Express in the left-hand column. illegal search and seizure. new practice area. Developed by Herbert Mather Martin is the Communications Louis Thornhill, Chair of the Banking Assistant at the New York County New York County Lawyers’ Association Committee, the Banking site includes sev- Lawyers’ Association. eral helpful links, including Board of Governors of the Federal Reserve, Federal Deconstructing the Bar Exam Deposit Insurance Corporation, Office of A FREE Program for NYCLA Members the Comptroller of the Currency, Office of Non members pay $25 and receive a complimentary year of NYCLA Law Thrift Supervision and New York State Student Membership* March 28, 2007 - 6:00 PM Home of Law, 14 Vesey Street PUBLIC POLICY DEVELOPMENTS (between Broadway and Church Street)

NEW YORK, NY – January 18, 2007 – NYCLA sends a letter to Governor Eliot SPEAKERS Spitzer outlining its support of judicial selection reform. Hon. Bryan R. Williams Eileen Shapiro, Senior Bar Examiner Member of the New York State Board New York State Board of Law Examiners NEW YORK, NY – February 5, 2007 – NYCLA approves a resolution supporting of Law Examiners equal marriage rights for same-sex couples. Sarah Jo Hamilton, Secretary to the Character and Fitness Committee To read the complete text of Board reports and resolutions, statements and Appellate Division, First Department letters and other public policy documents, log on to www.nycla.org and click on News & Publications, and then on the appropriate category. YOU DON’T WANT TO MISS THIS PROGRAM! Learn specific techniques for increasing your essay scores Learn how to avoid fatal mistakes Learn how graders evaluate the essays New Discount for NYCLA Members Learn strategies for answering difficult questions NYCLA is pleased to provide a discount to members on Kaplan, Inc., one of the Learn what you should never, ever include in your essay answer world’s leading providers of test preparation courses and tutoring. Any member who Learn tips that may make the difference between passing and failing has a child in high school or college can take advantage of a $100 discount on any Learn how the New York multiple-choice questions are constructed and how to analyze them SAT, LSAT, GMAT, GRE or MCAT Classroom Course in Manhattan or 10 percent Learn about character and fitness issues that could affect your admission to the bar! off of any Kaplan Premier Tutoring package. Please review Kaplan’s product offer- ings at www.KAPTEST.com and www.KAPLANPremier.com. To receive your dis- NYCLA Members: RSVP to [email protected] or call Katharine 212-267-6646, count, call Joe Aquilia, Pre College Program Director, at 212-590-2808 and provide ext. 209. *Non-Members complete form below. your NYCLA ID number. ACTIVATE YOUR FREE MEMBERSHIP IN THE Book Donations to NYCLA Author Collection New York County Lawyers’ Association As part of NYCLA’s Centennial celebra- the Library reception area before being tion, the Library established a NYCLA added to the collection. Author Collection display case featuring Mary I. Swartz, an assistant corporation Non-member law students attending the Program receive a complimentary publications written or edited by NYCLA counsel for the New York City Law year of NYCLA membership by completing the form below. members. Any member who has written or Department, donated The Fugu Plan, a edited a published book on any subject can book that she co-authored with Marvin participate. The NYCLA Author Collection Tokayer, former rabbi of the Jewish com- Your membership will begin immediately. You can take advantage of free will contain legal books, poetry, histories, munity in Japan and Vice President of the online research in our Library, open committee membership and biographies, novels, essay collections, Jewish Communities of East Asia and the substantial member discounts at fitness clubs, J&R, Staples, Brooks cookbooks, etc. Two books were recently Pacific. Published by Gefen Publishing Brothers and much more. donated to the Collection. House Ltd. in 2004, the book is an account Robert L. Haig, a Past President of of the little-known and never implemented NYCLA and partner at Kelley, Drye & 1930s plan of Emperor Hirohito’s govern- Warren, donated the second edition of ment to settle Japanese-controlled Please fax completed form with $25 program fee to 212-406-9252, or mail Business and Commercial Litigation in Manchuria, then known as Manchukuo, with your payment to NYCLA, 14 Vesey Street, New York, NY 10007. the Federal Courts to the Collection. As with Jewish refugees from Europe. With editor-in-chief, Mr. Haig recruited the 199 the financial support of American Jews, the Credit Card # principal authors who made contributions Japanese hoped to utilize skilled settlers to Expiration Date to this eight-volume, 9,000-page treatise. build up sparsely settled areas along the Authorized Signature______Published in 2005 by Thomson West and Soviet border. The Japanese also wanted to Check payable to NYCLA enclosed the ABA Section on Litigation, this work improve their image in the United States is a major revision and expansion of the but their plan was doomed by their lack of original 1998 work and is intended to knowledge about Jewish life. Based on address the many changes in federal pro- pre-war Japanese foreign ministry docu- cedural and substantive law that have ments known as the Kogan Papers and Name ______occurred since then. It contains 96 chap- Rabbi Tokayer’s interviews with Jewish ters, of which 16 are new. The new chap- refugees and surviving Japanese officials, Address ______ters cover a wide variety of subjects, the narrative covers both the activities of including case evaluation, discovery of the Japanese government and the experi- Telephone ______electronic information, litigation tech- ences of refugees who made their way nology, civility and commercial defama- from Soviet-occupied Lithuania, across Email address ______tion and disparagement. In addition, the Soviet Russia, to China and Japan. Date of Birth ______80 chapters carried over from the first edi- tion have been greatly expanded. Selected All book donations can be sent to the Anticipated Admission Date NY Bar ______chapters provide jury instructions, forms NYCLA Library, 14 Vesey Street, New Month/Year and checklists. A soft-cover ninth volume York, NY 10007; Attention: NYCLA Admission Date Elsewhere ______contains a table of law and rules, a 998- Author Collection. If you have ques- Law School ______page table of cases and a 228-page subject tions, contact the Library at 212-267- Month/Year of Expected Graduation index. This donation will be on display in 6646, ext. 206. March 2007 / New York County Lawyer 7

BOOK REVIEW by Olivera Medenica taining ethical considerations as an equally thorny endeavor. procedures and jury instructions. within sight. As the title suggests, The author gives a practice tip to Dowd has adeptly provided an Copyright Litigation the Handbook is not an academic the unwary copyright advocate: overview of the copyright litiga- Handbook, musing on the future of intellectual “[B]eware: cease-and-desist let- tion process and answered thorny by Raymond J. Dowd, pub- property as we know it, but rather a ters might subject you to a questions that an experienced liti- lished 2006 by Thomson West useful and necessary guide in an declaratory judgment action or gator may not even know existed in area of law that has been notori- contain statements you might later the copyright context. The impor- ously difficult to grasp. In other regret.” “Beware” is indeed the tance of this book lies not only in The Copyright Litigation words, it is the book you must have leitmotif of Dowd’s book. Beware its ability to provide guidance but Handbook is a thorough guide for when you are in the hot seat and of the client that never retains you in its potential for providing much- experienced and inexperienced need answers fast. and subsequently claims you needed authority when little time is practitioners alike, covering every- The Handbook opens with a improperly advised her, beware of available. thing from evaluating a potential brief overview of copyright law filling out the seemingly Mr. Dowd recently joined the copyright claim to recovering dam- and the sources governing the innocuous copyright registration firm of Dunnington, Bartholow & ages, attorney’s fees and costs. scope of protection and infringe- form and beware of accurately Miller LLP and has represented Author Raymond J. Dowd care- ment, as well as remedies and calculating the complicated date copyright, trademark and domain fully walks his audience through enforcement. Perhaps some of the requirements of copyright owner- name owners and content providers the process of filing a copyright most needed information in copy- ship prior to filing suit. in transactional and litigation set- right law authorship, from a practi- The book also addresses federal tings. He writes a regular column lawsuit while dodging the legal pit- tioner’s perspective, is the civil and evidentiary rules that are for the New York Law Journal falls that only the hindsight of information that follows next. critical to any action making its and has served as Adjunct experience can bring the copyright Dowd methodically covers every- way through federal courts. The Professor at New York University’s novice. The Handbook comes thing from the client interview to author provides tactical guidelines School of Continuing and filled with forms, practice tips, ref- obtaining an expedited copyright in drafting a well-thought- out Professional Studies. erences and citations and will be office registration, as well as complaint and enumerates the updated on an annual basis. drafting a cease-and-desist letter, defenses that counsel representing Ms. Medenica is a partner at Dowd is an experienced com- often the first stop before filing a defendants should raise in the Wahab & Medenica LLC and mercial litigator and has copyright complaint. answer. Dowd also covers the serves as co-chair of NYCLA’s approached this book with the If drafting a complaint seems usual grounds on which to file a Entertainment, Media, Intellectual pragmatism of an advocate seeking difficult enough, Dowd views the motion to dismiss and provides an Property and Sports Law Section. to win a client’s case while main- legal maneuvers preceding a filing exhaustive overview of discovery

Shedding new light on the cold hard facts can impact the outcome of your case. With GMSL’s team of forensic specialists, you’ll have all the facts on your side. Led by renowned Certified Forensic Financial Analyst, Mark S.Warshavsky, we discover, analyze, review and reconstruct pertinent information for the best possible outcomes.

Fraud investigations or litigation support...civil or criminal cases...the GMSL brand of forensic accounting can make all the difference in your case.

GMSL: Ready, willing and able.

220 Fifth Avenue • New York, NY 10001 • Tel.212.684.3399 20 Crossways North • Woodbury, NY 11797 • Tel.516.364.3390 www.gmslny.com 8 March 2007 / New York County Lawyer NYCLA celebrates National Women’s History Month

From page 1 of Claims, and Chief Administrative the Brennan Center for Justice at NYU On Thursday, April 26, the CLE Judge, will present Judge Newton with the School of Law and former Consulting Institute presents the second program of Governmental Affairs Committee. award. Attorney at the ACLU Reproductive the series, co-sponsored by the Currently, Ms. Lesk is a member of the Freedom Project. Ms. Northup suc- Professional Services Liaison NYCLA Task Force on the Housing Court EDITH I. SPIVACK ceeded Ms. Benshoof as president of the Committee of the Financial Women’s and the Task Force on Judicial Selection. AWARD RECEPTION – Center for Reproductive Rights. Association (FWA). “So You Got That MONDAY, MARCH 26, 6:00 PM Referral, Now Keep It: How to Keep the NATIONAL WOMEN’S HISTORY The honoree, Janet Benshoof, CLE INSTITUTE’S Client Coming Back to You for More” is MONTH LUNCHEON – President and Founder of the Global WOMEN IN LAW SERIES a networking and program event led by WEDNESDAY, MARCH 21, 12:30 PM Justice Center, and Founder of the In November 2006, NYCLA’s a distinguished panel of speakers: Beth The honoree, Judge Newton, was an Center for Reproductive Rights, is an Women’s Rights Committee launched a Dorfman, Associate General Counsel, Assistant District Attorney in Bronx internationally known human rights new program at the CLE Institute, Chief Legal Office, Premier Banking & County, Executive Director/General lawyer who has devoted her career to Women in Law - Strategies for Success Investment, Bank of America Counsel to the New York State Sentencing safeguarding women’s rights. She has Series, chaired by Susan L. Harper and Investment Services, Inc.; Nancy Guidelines Committee and Executive litigated cases across the nation, as well Natalie M. Hiott-Levine. The first lec- Gardner, Executive Vice President and Assistant to the Deputy Chief as in the U.S. Supreme Court. As ture, “Keys to Advancement and General Counsel, Americas, Reuters Administrative Judge for the New York President of the Global Justice Center, Retention: Balanced Hours and Other Ltd.; Debra Kaye, Managing Counsel, City Courts prior to her appointment to the an organization that seeks to use litiga- Strategies for Removing Barriers to The Bank of New York; and Ghillaine bench. She is a member of several com- tion strategies for securing women’s Women’s Success in the Law,” featured A. Reid, Director of Business and mittees and organizations, including the rights, she works with women leaders of two leading authorities on women’s Commercial Litigation, Gibbons P.C. NYCLA Special Committee to Increase transitional democracies. In August advancement and retention issues – The speakers will reveal what in-house Diversity in the Legal Profession, of 2006, the Center trained judges of the Lauren Stiller Rikleen, Bowditch & counsel and clients really want from which she is Chair, and a member of the Iraqi High Tribunal on international law Dewey, LLP, Executive Director, their outside counsel and why they keep CUNY Law School Board of Visitors and and gender rights. Ms. Benshoof Bowditch Institute for Women’s going back to the same attorney or firm the ABA Commission on Sentencing, founded the Center for Reproductive Success, and author, Ending the to give them new and repeat business. A Corrections and Re-entry. Judge Newton Rights in 1992 as a nonprofit legal advo- Gauntlet: Removing Barriers to networking reception will be held prior has received two honorary degrees and cacy organization dedicated to Women’s Success in the Law, and to the panel discussion. Additional pro- numerous awards, including the advancing and protecting women’s Joan C. Williams, Distinguished grams in the series are planned for later Constance Baker Motley Award from the reproductive rights worldwide. Professor of Law, University of in the year. Association of Black Westchester The second speaker is Nancy California Hastings College of Law, and Lawyers, which was presented to her by Northup, President of the Center for Co-Director, Project for Attorney Judge Motley. Reproductive Rights, who was formerly Retention and Director, Center for Hon. Jonathan Lippman, Judge, Court Director of the Democracy Program of WorkLife Law.

10 March 2007 / New York County Lawyer

P AST E VENTS

Cyberspace Law Committee On January 30, NYCLA’s Cyberspace Law Committee sponsored a free public forum, “Net Neutrality: Will Regulation Preserve or Peril the Internet?” Pictured are (from left to right): Brian Rauer, Chair, Cyberspace Law Committee; Anthony L. Soudatt, technology consultant, Vice Chair, Cyberspace Law Committee and Moderator; Tim Karr, Campaign Director, Free Press and SavetheInternet.com; Marjorie Heins, activist, writer and founder of the Free Expression Policy Project at the Brennan Center for NYCLA celebrates Justice, New York University School of Law; Tim Wu, Columbia Law School, who is credited with coining the term ‘Network Neutrality’ and Black History Month Entertainment was provided by Soldiers of named one of Scientific American’s 50 people of the year in 2006 for his In recognition of Black History Month, Praise Gospel Choir. work on the subject; Hon. Gale Brewer, New York City Council Member NYCLA’s Minorities and the Law Committee and Chair, Committee on Technology in Government, New York City and the Metropolitan Black Bar Association hosted the fifth annual Ida B. Wells-Barnett Council; and Bruce Regal, Senior Counsel, New York City Law Department. Justice Award program February 22 at the NYCLA Home of Law, honoring Dr. Adelaide Sanford (holding the award), Vice Chancellor of the New York State Board of Regents. The Discussion centered on the emerging issue of network neutrality, which event is named in honor of Ida B. Wells-Barnett, an African-American civil rights advocate will determine if the Internet and World Wide Web will continue to be who adamantly fought against segregation and in support of women’s rights. Also pictured accessible in their data transmission format or if content providers and are (from left to right): Xavier R. Donaldson, President Elect, Metropolitan Black Bar end users will be required to pay a premium for prioritized data delivery. Association; Nadine C. Johnson, President, Metropolitan Black Bar Association; Catherine A. The impact of the latter will have consequences for all users, including Christian, NYCLA’s President Elect; David Ushery, WNBC Anchor, NewsChannel 4, who pre- nonprofits like NYCLA that likely cannot afford to pay to ensure that their sented the award to Dr. Sanford; and Edwin David Robertson, NYCLA President. information is delivered in a timely manner.

Immigration and Nationality Law Committee Meet and Greet Unites States Citizen and Immigration Services (USCIS) Ombudsman Prakash Khatri (fourth from left) met On January 11, NYCLA hosted a with NYCLA’s Immigration and Nationality Law Committee on February 13 to give members an opportu- Meet & Greet Champagne nity to share their concerns about problems they may have encountered with USCIS’s immigration bene- Reception for new members at fits process. Appointed by Department of Homeland (DHS) Secretary Tom Ridge in 2003, Ombudsman the Home of Law. Edwin David Khatri provides policy, planning and program advice to the Secretary, Deputy Secretary and other key offi- Robertson, NYCLA President, Meet and Greet cials regarding immigration matters. During his tenure as CIS Ombudsman, he has made numerous recom- and Vincent Rivellese, Co-Chair New members Kathleen O’Leary mendations for process changes to the immigration benefits process. He has traveled to and met with DHS of the Criminal Justice Section, and Vuka Stricevic joined in immigration officials at over 130 USCIS and other DHS facilities and has served as an advisor on DHS immi- made presentations. Among the toasting the new year. The gration reforms. Also pictured are (from left to right): Pamela G. WiIliams, Immigration Law Analyst, guests were Sylvia DiPietro, next Meet & Greet “Cinco de Office of the Citizenship and Immigration Services Ombudsman, DHS; Gilbert C. Ferrer and Eugene J. Chair of the Real Property Mayo” Reception will be held Glicksman, Co-Chairs, Committee on Immigration and Nationality Law; and Marc A. Sorel, Executive Section, and new NYCLA on Thursday, May 3, at the Assistant, Office of the Citizenship and Immigration Services Ombudsman, DHS. member Adam Dayan. Home of Law.

Civil Rights Committee Photo credit: Rick Kopstein On January 10, NYCLA’s Civil Rights Committee sponsored a free public forum featuring a film clip from an upcoming documentary, “Disturbing the Judicial Reception Universe: Radical Lawyer William Kunstler.” The standing-room-only crowd On February 1, NYCLA’s Supreme Court Committee hosted a Judicial Reception with had the opportunity to view a clip tracking Mr. Kunstler’s life, from middle- Assemblywoman Helene E. Weinstein, Chair of the New York State Assembly Judiciary Committee, class family man, to movement lawyer, to “the most hated lawyer in as speaker. Hon. John T. Buckley (third from left), former Presiding Justice, Appellate Division, First America.” Following the viewing, there was a discussion about Mr. Judicial Department, received special recognition for his 26 years on the bench. Hon. Peter Tom Kunstler’s legacy in today’s world, led by (far left) Michael Ratner, Esq., (second from left), Acting Presiding Justice, Appellate Division, First Judicial Department, conducted President, Center for Constitutional Rights, and documentary co-directors, the Call of the Roll for the nearly 100 newly elected, appointed, re-elected and re-appointed state Sarah Kunstler, Esq. (second from left) and Emily Kunstler (third from left), and federal Judges who were honored. Also in attendance was Edwin David Robertson (far right), daughters of the late Mr. Kunstler. Pictured (far right) is Collin D. Bull, Chair NYCLA President, and Hon. Sherry Klein Heitler (first on left), Associate Justice, Appellate Term, of the Civil Rights Committee, which sponsored the event. Supreme Court, First Department, who served as Reception Chair. March 2007 / New York County Lawyer 11 U PCOMING E VENTS

METROPOLITAN MUSEUM CONCERT SERIES EMIPS Sports Law Subcommittee NYCLA members receive a 20 percent dis- Barnatan in his only New York recital. The Entertainment, Media, Also, on Wednesday, April 4 at count on select programs at the Schubert—Four Impromptus, D. 935; Intellectual Property and Sports Law 6:30 PM, Edwin Durso, Executive Vice Metropolitan Museum of Art. The dis- Avner Dorman—Solo Piano Work, Section’s (EMIPS) Sports Law President for Administration at ESPN, counted ticket also entitles you to enjoy the Premiere; Ravel—Gaspard de la Nuit Subcommittee will present Robert will speak at a Sports Law Museum at no cost (a $20 savings) and Raskopf, a partner at Quinn Emanuel Subcommittee meeting about the includes a 10 percent discount on Urquhart Oliver & Hedges LLP, at a changing and growing roles of attor- Friday, April 27 at 8:00 PM: $24 parking. For subscription program (regularly $30) section meeting on Wednesday, neys in the growth of video distribution tickets, call Concerts & Lectures March 14 at the Home of Law at 6:30 of sports content. Ed previously Metropolitan Museum Artists at 212-570-3949, Monday- Featuring the PM. Bob will speak about his experi- served as ESPN’s General Counsel and in Concert: Saturday, 9:30 AM-5:00 PM or Museum’s first resident chamber ence in litigating intellectual property as Chief Operating Officer of Major Sunday, 12:00-5:00 PM. ensemble cases for sports leagues and teams. He League Baseball. Remember to tell them you are a Mary Nessinger, mezzo-soprano has served as chief outside counsel on These meetings are open to the public NYCLA member and entitled to a 20 Schubert—Adagio and Rondo intellectual property, litigation and and free of charge to all. Email the percent discount. Concertante in F Major for Piano Quartet, licensing to the National Football Subcommittee’s chair, David A. Berman, D. 487; Schönberg—String Quartet No. 2 League and its member clubs for over at [email protected] if you want to in F sharp Minor, Opus 10; two decades. He also represents Major attend. Membership to the section is Sunday, March 18 at 3:00 PM: $16 (regularly $20) Brettl-Lieder (Cabaret Songs) (1901); League Soccer, ESPN and MSG. $25.00 annually. Accolades for Pianists: Featuring Inon Brahms—String Quintet in F Major, Opus 88

New York County Lawyers’ Association Free Breakfast Series Election Law Committee seeks members to In honor of NYCLA’s Centennial Anniversary examine election reform issues NYCLA’s Election Law Committee is topics, please contact Wendy Weiser at So, You Want to be a Writer! interested in setting up working groups [email protected]. Discuss the nuts and bolts of writing and publishing with on three election law issues: successful authors, agents and editors. We would also like to invite you to join 1. Improving Ballot Access in New the Committee. To learn more, please York, including exploring filing fee come to our next Committee meeting on April 25 - 8:30 AM alternatives and/or reduced petition April 12 at 6:30 PM at Hughes Home of Law – 14 Vesey Street requirements. Hubbard & Reed LLP, One Battery Park (between Broadway and Church Street) 2. Exploring whether the Board of Plaza, 10th floor. (Hughes Hubbard is Elections should be reformed, including on Whitehall Street between Pearl and Speakers consideration of nonpartisan administra- Bridge Streets, two blocks north of the Susan Isaacs Victoria Skurnick tion of election supervision alternatives. Staten Island Ferry, 4/5 train to Bowling Novelist, Essayist and Screenwriter Editor-in-Chief, Book-of-the-Month Club 3. Redistricting reform: What are the Green, 1/9 train to South Ferry or R alternatives New York should consider? train to Whitehall Street.) Susan Ginsburg Writers House, Senior Agent If you are interested in joining a sub- If you want to attend the meeting, please committee to work on one of these RSVP to [email protected]. RSVP: Katharine Wells at 212-267-6646, ext. 209 or email [email protected]. So, You Want to be a Writer! Free Breakfast Series for NYCLA mem- Ms. Isaacs is a recipient of the Writers for pseudonymously published as Cynthia Victor. bers in honor of NYCLA’s Centennial Writers Award and the John Steinbeck Award. Their novels include Consequences, Relative Anniversary She serves as chair of the board of Poets & Sins, Only You, What Matters Most, The Writers and is a past president of the Mystery Secret and The Susan Isaacs Writers of America. She is also a member of the Three of Us. Ms. Isaacs is a novelist, essayist and screen- National Book Critics Circle, Creative writer. Among the books she has written are: Coalition, PEN, American Society of Susan Ginsburg Compromising Positions, Close Relations, Journalists and Authors, International Ms. Ginsburg’s Almost Paradise, Brave Dames and Association of Crime Writers and Adams Round work as an agent at Wimpettes: What Table. In addition to writing books, essays and Writers House is pref- Women Are Really films, she has reviewed books for The New aced by a distin- Doing on Page and York Times, Los Angeles Times, Washington guished editorial Screen (her first Post and Newsday and written about politics, career. As Executive work of nonfiction). film and First Amendment issues. Editor of Pocket All of her novels . Books at Simon & have been New Victoria Skurnick Schuster and Editor- York Times best- Ms. Skurnick is in-Chief of St. Martins Press and Atheneum Books, sellers. Her fiction the Editor-in-Chief she published such world-famous and critically has been translated of Book-of-the- acclaimed best-selling writers as Alice Walker and into 30 languages. Month Club. She John Irving. Since becoming an agent at Writers In 1985, she wrote was previously a House, Ms. Ginsburg has established a considerable the screenplay for Senior Editor at reputation for representing exciting and timely new Compromising Positions, which starred Susan Pocket Books and work. In the field of commercial nonfiction, her client Sarandon and Raul Julia. Her fourth novel, St. Martin’s Press. list includes science and mathematics titles, Pulitzer Shining Through, set during World War II and In addition to her Prize-winning journalism, business ethics and prac- published in 1988, was adapted into a film star- life on the pub- tical self-help. ring Michael Douglas and Melanie Griffith. Her lishing side, Ms. new novel, Past Perfect, was published in Skurnick is one-half Other programs in the series are: So, You Want February. of the writing team to be a Chef and So, You Want to be a Judge! 12 March 2007 / New York County Lawyer NYCLA board approves two governance policies CLE NEWS

The NYLCA Board of Directors approved policies and procedures for: the submission of concerning the disposal of documents; and pro- by Bari Chase two new governance policies at its February 5 concerns regarding questionable accounting or cedures for NYCLA’s staff to follow to obtain meeting as part of its continuing effort to ensure auditing matters on a confidential and anony- additional information about these policies. CLE Institute presents 30th Annual that its directors, officers and employees observe mous basis; the receipt, retention and treatment Civil Trial Practice Institute high standards in the conduct of their duties and of complaints by the organization regarding such The full text of the governance policies is The CLE Institute will present the responsibilities. Two years ago, the Board matters; and the protection of directors, officers available on NYCLA’s website. Log on to adopted a Code of Conduct for directors, officers and employees reporting concerns from retalia- www.nycla.org and click on “About 30th Annual Civil Trial Practice and employees and an Anti-Trust Policy for tory actions. The second new governance policy NYCLA” and then on “Governance.” The Institute on Friday and Saturday, March employees. One of the new governance policies is a Record Retention Policy that provides a policies are listed (and can be downloaded) 16 and 17. Program chairs Robert S. is a Whistleblower Policy, which establishes schedule for business record retention; a policy on the right-hand side of the page. Kelner and Hon. Robert Lippmann have assembled an extraordinary panel of jurists and litigators to guide attendees through the entire state civil trial process. The program includes numerous skill- building sessions, as well as demonstra- tions on how to develop and improve trial practice techniques, including: confer- ence and settlement negotiations; voir dire; opening statements; direct and cross examination of lay and expert wit- nesses; and summations. The fee is $255 for members and $355 for non-members.

More Skill-Building Programs in March The CLE Institute will present addi- tional skill-building programs in March. What You Need to Know to Practice Immigration Law Successfully will be held on two Mondays – March 12 and 19. This series provides attendees with information and techniques on how to get the right non-immigrant visa or “green card” for their clients. The fee is $145 for members and $180 for non- members. On Wednesday, March 21, we will reprise the extremely popular pro- gram, Procedures and Techniques for Collecting and Enforcing Money Judgments in New York. Along with hearing from a panel of experts, all attendees will receive a complimentary copy of the treatise, Enforcing Judgments and Collecting Debts in New York (West Group). The fee for the program is $175 for members and $215 for non-members. A new course, 12 Test Case Issues for Trial Attorneys to Preserve for Appellate Review will be held on Tuesday, March 27. Since appel- late courts usually do not consider issues raised for the first time on appeal, it is imperative for trial attorneys to make an appropriate record before the trial court regarding an issue to preserve it for appeal. The fee for this program is $125 for members and $165 for non-members.

Ms. Chase is the Director of the New York County Lawyers’ Association’s CLE Institute.

See CLE PROGRAMS on NEXT Page

When your insurance needs are special ...... Your insurance broker should be too! LAWYERS PROFESSIONAL LIABILITY INSURANCE

212-764-6740 877-279-4253

500 Fifth Avenue Suite 2210 New York, NY 10110

www.insurance4lawfirms.com March 2007 / New York County Lawyer 13 Task Force on Professionalism Survey by James B. Kobak Jr. NYCLA has always been at the forefront NYCLA DRAFT DEFINITION OF their duty to serve their clients fairly and skill- in matters of attorney ethics and profession- PROFESSIONALISM fully takes priority over the personal accumu- NYCLA’s Task Force on Professionalism alism. Our Professional Ethics Committee has By professionalism we mean a group pur- lation of wealth. Lawyers must be willing and has been hard at work surveying NYCLA published ethics opinions continuously since suing a learned art as a higher calling in a spirit prepared to undertake zealous advocacy on members and law schools, talking to judges 1912 and we were the first bar association to that it is performing a pubic service, a service behalf of their clients, while retaining enough and representatives of various legal institu- do so. In keeping with this tradition, NYCLA that is indispensable in a democratic nation perspective to provide those clients with con- tions, coordinating with other bar association established the Task Force on Professionalism founded on the rule of law. This calling is no less sidered, well-informed and objective advice. groups and reviewing the work of other study in the wake of corporate governance scandals a public service because it may also be a means Although duties to their clients in partic- groups. As part of its efforts, it is again asking in which attorneys’ actions or failures to act of livelihood. Pursuit of a learned art in the spirit ular matters are paramount, throughout their you to fill out its questionnaire, revised slightly were sometimes implicated. Many at NYCLA of a public service is the essence of being a careers lawyers must remain conscious of and from the version disseminated several months and elsewhere were also concerned that the lawyer. It implies an obligation of dignity, committed to the goal of improving the pro- ago in light of the work done and input practice of law is increasingly perceived as integrity, self-respect and respect for others. fession and the system of justice. This com- received in the interim. Please take a few min- solely a business. This misperception runs The essence of professionalism is a com- mitment includes taking personal and utes to complete the questionnaire. (Even if counter to the professional values that con- mitment to develop one’s skills to the fullest professional measures to increase the avail- you filled out the first questionnaire, feel free tribute to an attorney’s sense of self-worth and and to apply them responsibly and with the ability of legal services and abet even-handed to complete this one because some of the ques- that are intrinsic to the roles that lawyers play utmost diligence to the issue at hand. and efficient application and administration of tions are different and your views may have in our society and system of government. A Professionalism requires adherence to the the legal system for all segments of society. changed.) The Task Force will hold focus definition of professionalism for purposes of highest standards of integrity and a willingness Mr. Kobak, a partner at Hughes Hubbard groups and forums in the future, all leading the Task Force’s work was adapted from to subordinate narrow self-interest in pursuit of & Reed LLP, is a NYCLA Board member toward an important report on the subject. The thoughts of Dean Roscoe Pound, former the fundamental goal of client service. and President of the NYCLA Foundation. more responses it has, the better and more Supreme Court Justice Sandra Day O’Connor Because of the tremendous power they wield complete its programs and conclusions will be. and others and follows. in our system, lawyers must never forget that (Survey is on page 14)

CLE PROGRAMS MARCH Tuesday, March 27 CONSTRUCTION CONTRACTS Member: $125 6:00 - 9:00 PM 2.5 MCLE Credits: 1 Ethics, 1 Skills, .5 Non-Member: $165 Professional Practice; Non-Transitional Registration Fee (4/22-4/23) Monday, March 12 & 19 12 TEST CASE ISSUES FOR TRIAL ATTORNEYS TO PRESERVE FOR Early Registration (on or before 4/14) Member: $150 6:00 - 9:00 PM Non-Member: $190 APPELLATE REVIEW Member: $95 WHAT YOU NEED TO KNOW TO Non-Member: $120 PRACTICE IMMIGRATION LAW 3 MCLE Credits: 3 Skills; Transitional and Non-Transitional Registration Fee (4/15-4/16) Thursday, April 26 SUCCESSFULLY: GETTING YOUR Early Registration (on or before 3/25) Member: $120 5:30 - 8:00 PM CLIENT THE RIGHT NON- Member: $125 Non-Member: $145 WOMEN IN LAW - STRATEGIES IMMIGRANT VISA OR “GREEN Non-Member: $165 FOR SUCCESS SERIES 2006-2007 CARD” - TWO-PART COURSE Registration Fee (3/26-3/27) Wednesday, April 18 PROGRAM 2 - SO YOU GOT THAT 6 MCLE Credits: 1 Ethics, 2 Skills, 3 Member: $150 6:00 - 8:00 PM REFERRAL, NOW KEEP IT: HOW Professional Practice; Transitional and Non- Non-Member: $190 MANAGING STRESS AND TO KEEP THE CLIENT COMING Transitional MANAGING WORK BACK TO YOU FOR MORE Early Registration (on or before 3/10) Wednesday, March 28 RELATIONSHIPS FOR THE 1.5 MCLE Credits: 1.5 Law Practice Member: $145 6:00 - 8:30 PM PRACTITIONER: FROM THE Management; Transitional and Non- Non-Member: $180 VIDEO REPLAY: NEGOTIATING OFFICE TO THE COURTHOUSE Transitional Registration Fee (3/11-3/12) 2 MCLE Credits: 1 Ethics, 1 Law Practice Registration Fee: Member: $170 AND DRAFTING RETAIL LEASES Management; Transitional and Non- Member: $ 50* Non-Member: $205 - HOW TO MAKE THE DEAL; HOW TO AVOID THE BAD DEAL Transitional Non-Member: $75 (includes 1.5 MCLE credits) 2.5 MCLE Credits: 1 Ethics, 1 Skills, .5 Early Registration (on or before 4/16) Non-Attorneys: $35 Friday & Saturday, March 16 & 17 Member: $95 9:00AM - 5:00PM Professional Practice; Non-Transitional Early Registration (on or before 3/26) Non-Member: $120 Saturday, April 28 30TH ANNUAL CIVIL TRIAL Member: $95 Registration Fee (4/17-4/18) 9:00 AM - 1:30 PM PRACTICE INSTITUTE- TWO- Non-Member: $120 Member: $120 INTERDISCIPLINARY FORUM: PART COURSE Registration Fee (3/27-3/28) Non-Member: $145 EFFECTIVE LEGAL AND 16 MCLE Credits: 3 Ethics, 6 Skills, 2 Law Member: $120 THERAPEUTIC RESPONSES TO Practice Management; 5 Professional Practice; Non-Member: $145 Thursday, April 19 ALIENATED CHILDREN IN Transitional and Non-Transitional 6:00 - 9:00 PM Early Registration (on or before 3/14) DIVORCE AND CUSTODY APRIL HOT TOPICS IN PATENT LAW SETTINGS Member: $255 3 MCLE Credits: 1 Ethics, 1 Skills, 1 5 MCLE Credits: 1 Ethics, 2 Skills, 2 Non-Member: $355 Professional Practice; Transitional and Non- Wednesday, April 11 Professional Practice; Transitional and Non- Registration Fee (3/15-3/16) Transitional 6:00 - 9:00 PM Transitional Member: $280 Early Registration (on or before 4/17) HOW TO PROTECT YOUR LAW Attorneys: Non-Member: $380 Member: $125 Member: $125 LICENSE: PRACTICING Non-Member: $165 Non-Member: $165 (includes 5 MCLE credits) Tuesday & Wednesday, March 20 & 21 ETHICALLY AND RESPONSIBLY Registration Fee (4/18-4/19) Non-Attorneys: 8:30 - 10:00 AM 3 MCLE Credits: 3 Ethics; Transitional and Member: $150 Without NYSPA Credit: $50 Non-Transitional Non-Member: $190 BREAKFAST WITH NYCLA - With NYSPA Credit: $60 VIDEO REPLAY: EMERGING Early Registration (on or before 4/9) Member: $125 ETHICAL ISSUES FOR THE Saturday & Friday, April 21 & April 27 Monday, April 30 Non-Member: $165 9:00 AM - 5:00 PM CORPORATE LAWYER Registration Fee (4/10-4/11) 6:00 - 9:00 PM 3 MCLE Credits: 3 Ethics; Non-Transitional Member: $150 BRIDGE-THE-GAP 2: A FORMING THE NEW YORK Early Registration (on or before 3/18) Non-Member: $190 PROGRAM FOR NEWLY LIMITED LIABILITY COMPANY Member: $95 ADMITTED ATTORNEYS - TWO- Non-Member: $120 3 MCLE Credits: 1 Skills, 2 Professional Thursday & Friday, April 12 & 13 PART COURSE Practice; Transitional and Non-Transitional Registration Fee (3/19-3/20) 8:30 - 10:00 AM 16 MCLE Credits: 3 Ethics, 6 Skills, 2 Law Early Registration (on or before 4/28) Member: $120 Practice Management, 5 Professional Practice; Non-Member: $145 BREAKFAST WITH NYCLA - Member: $125 VIDEO REPLAY: Transitional Non-Member: $165 Early Registration (on or before 4/19) Registration Fee (4/29-4/30) Wednesday, March 21 SAFEGUARDING CLIENT AND Member: $255 BUSINESS INFORMATION IN THE Member: $150 6:00 - 9:00 PM Non-Member: $355 Non-Member: $190 PROCEDURES AND E-MAIL AGE Registration Fee (4/20-4/21) 3 MCLE Credits: 1.5 Ethics, 1.5 Skills; Non- TECHNIQUES FOR COLLECTING Member: $280 Please Note: Transitional courses are appro- Transitional AND ENFORCING MONEY Non-Member: $380 priate for newly admitted attorneys. Non-transi- Early Registration (on or before 4/10) tional courses are not acceptable for newly JUDGMENTS IN NEW YORK Member: $95 3 MCLE Credits: .5 Ethics, 1.5 Skills, 1 Monday, April 23 admitted attorneys. Transitional and non-transi- Non-Member: $120 Professional Practice; Transitional and Non- 6:00 - 9:00 PM tional courses are appropriate for both newly Registration Fee (4/11-4/12) Transitional RECENT DEVELOPMENTS IN admitted attorneys and experienced attorneys. Member: $120 Early Registration (on or before 3/19) Non-Member: $145 LICENSING AND TRADE Member: $175 SECRETS Non-Member: $215 3 MCLE Credits: 1 Skills, 2 Professional Registration Fee (3/20-3/21) Monday, April 16 6:00 - 8:30 PM Practice; Transitional and Non-Transitional Member: $200 Early Registration (on or before 4/21) Non-Member: $240 VIDEO REPLAY: DRAFTING 14 March 2007 / New York County Lawyer NYCLA - ETHICS SURVEY

Year of Admission to Practice ______

Gender ______

Practice Setting

Solo or Small Firm ______Legal Services or Not-For-Profit Employer ______Medium-Size Firm ______Law Professor ______Large Firm ______Judiciary ______In House ______Legislative ______Government Attorney ______Other ______

List the area(s) in which you principally practice: (e.g., general practice, matrimonial, What motivates you to act professionally? Conversely, what are the prime motivators of real estate, bankruptcy, civil defense, criminal defense, etc.) unprofessional conduct?

______What do you think of the state of professionalism (as defined above) in the profession ______today? Has it improved or declined over time? Do law schools do enough to promote and teach professionalism? If not, what more ______could they do? What are they doing that you think is helpful? ______What do you believe the profession is getting right? In other words, are there examples ______of highly professional conduct and behavior? ______

______Do other institutions (NYCLA and other bar associations, the courts, law firms) do ______enough to promote and teach professionalism? If not, what more could they do? What ______are they doing that you think is helpful? ______More Pull for Your ______Accounting and Litigation Teams ______

CLE ethics credits became mandatory a number of years ago. Has mandatory CLE of ethics improved professionalism? _Yes _ No Why or why not?

______

What are the most significant issues of professionalism facing you or the profession? How well equipped do you feel you and other lawyers are to deal with those issues? What can you or other lawyers do to maintain professionalism in dealing with other lawyers, including colleagues and subordinates?

______Knowledge of business, finance and accounting are needed not only in your practice, ______but at many stages of the litigation process. That’s why your accountant should be an ______integral part of your team. Our Law Firm Services Group can help optimize your firm’s ______profitability and reduce your tax liability. We can also assist you in understanding a ______case’s complex financial aspects, and provide expert witness testimony on a variety of issues. Isn’t it time you made Israeloff, Trattner & Co. part of your team? How do you think attorneys or the organized bar can combat the negative impression the public is reported to have of attorneys? LAW FIRM ACCOUNTING & CONSULTING BUSINESS, PROFESSIONAL PRACTICE & LICENSE VALUATIONS ______MARITAL DISPUTES/ENHANCED EARNINGS CAPACITY ______FORENSIC ACCOUNTING/EXPERT TESTIMONY ______BUSINESS LOSS/DAMAGE ANALYSIS ______EMBEZZLEMENT & FRAUD AUDITS ______

PLEASE RETURN BY APRIL 16 TO: NYCLA – ETHICS SURVEY, 14 VESEY STREET, NEW YORK, NY 10007 350 Fifth Ave., New York, NY 10118 1225 Franklin Ave., Garden City, NY 11530 212.239.3300 516.240.3300 Visit us on the web at www.israeloff.com March 2007 / New York County Lawyer 15

LOWER MANHATTAN NEWS by Mather R. Martin Melville Gallery (213 Water Street News Alert: between Fulton and Beekman Streets) Here are three events taking place in lower Author Michael Lerner argues that Manhattan during the month of March. Prohibition in New York City did not simply fail as a social reform movement; it New Criminal The Fighting Irishmen: Irish Prize promoted one of the first “culture wars” of Fighters 1820-Present the 20th century as it fueled pre-existing The month of March conflicts among various ethnic, economic, Justice Procedures South Street Seaport Museum - social and religious groups in Manhattan. Schermerhorn Row Galleries For more information, call 212-748-8568. From ancient times to the present, the by Malvina Nathanson The Justice Department is in the fighting spirit of the Irish is unquestioned. Melting Pot Food Tour process of writing regulations to carry When the Irish immigrated to New York, March 10, 12, 16, 17, 19, 22, 23, 26, 30 This new column features topical out this authority. landing at the South Street piers, they and 31 items related to various practice brought this tradition with them. This Enthusiastic Gourmet areas. The inaugural column con- Local Law No. 29, passed by the exhibit, curated by James Houlihan and $45 (reservations required) tains information regarding newly New York City Council on July 19, presented in partnership with the Irish Explore unique food shops and markets and passed legislation pertaining to 2006, signed by the Mayor on July Arts Center, traces the history of these learn about (and sample) ethnic flavors and criminal justice procedures. 27, 2006 and effective 240 days after fighting Irish from the 19th century to the cultures of this vast immigrant community its enactment into law, establishes a present day. on the Lower East Side, Chinatown and Legislation passed as part of the registration scheme for persons con- Little Italy. Tours last three hours. Please 2006 renewal of the federal Violence victed of felony gun offenses. “Gun Book Talk: Michael Lerner presents note: Kosher shops are closed on Saturday. Against Women Act authorizes the offenders” must register in person Dry Manhattan: Prohibition in New For more information, call 646-209-4724. Justice Department to collect DNA with the Police Department within 48 York City samples from most people arrested or hours of imposition of a non-incar- Thursday, March 22 Ms. Martin is the Communications detained by federal authorities, ceration sentence or release from 7:00 PM Assistant at the New York County including those detained by immigra- imprisonment, providing specified $5 (suggested donation) Lawyers’ Association. tion agents. The statute (42 U.S.C. § information and a photograph. Gun 14135a) applies to “individuals who offenders are those convicted of “gun are arrested, facing charges, or con- offenses,” defined in PL §§ 265.02(4) victed or from non-United States per- - (8) or § 265.03(3). The registration sons who are detained under the must be regularly renewed and lasts authority of the United States,” per- until four years from the date of con- sons in the custody of the Bureau of viction where no imprisonment was Prisons convicted of a “qualifying” imposed or from release from prison. federal offense, and persons on proba- tion, parole or supervised release who have been convicted of a qualifying Ms. Nathanson is a member of the federal offense. Qualifying offenses New York Lawyers’ Association’s are listed at 42 U.S.C. § 14135a(d). Criminal Justice Section.

COUNTY LAWYER EDITORIAL POLICY The Editorial Board of New York tent unless appropriate attribution and County Lawyer welcomes the sub- consents have been secured by the mission of articles by members of the author or contributor prior to submis- legal community for inclusion in this sion to the Editorial Board. Unless oth- publication. Submissions will be erwise indicated, all views or opinions edited and may not be returned to the presented are solely those of the desig- writer for approval. The Editorial nated author(s) and do not necessarily Board reserves the right to make the represent those of the New York final decision regarding the suitability, County Lawyers’ Association. content and form of all submissions Material(s) accepted for publication and further reserves the right to incor- shall appear in print and electronic for- porate modifications and edits to same, mats and shall become the property of without prior notice to the author or the Association once posted or pub- contributor. Materials accepted for lished and may not be reprinted or oth- publication are assumed to be original erwise utilized by any person or party work product and shall not contain, in absent the Editorial Board’s expressed whole or in part, any infringing con- written consent. Bonding & Insurance (800) 921-1008 • Same Day Results Toxic Mold Litigation Raymund C. King, MD, JD

Serving the Legal Community since 1949 n invaluable guide to working up assessing the claim and preparing for Aand litigating a mold claim. The trial. There are numerous forms, Administration Janitorial-3D Lost Instruments book reviews the case law, the science checklists and insightful anecdotal Probate -Appeal Liquor-Beer Licenses-Permits and the insurance coverage issues, and experiences of real value to lawyers. provides practical tips and strategies on $125.00, plus $17.95 s/h. Attachments-Stays Fiduciary Trustees Liens-Conservators Bernard Fleischer & Sons LAWYERS WEEKLY BOOKS Go to http://books.lawyersweekly.com 2 John Street, Suite 201 New York, NY 10038-2502 or call 1-800-451-9998 today! www.bfbond.com H5Z307 016 16 March 2007 / New York County Lawyer PERIODICALS Symposium: Justice Blackmun and Judicial Biography: A Conversation with Administrative Law Discussion Forum, Linda Greenhouse, Brooklyn Law Administrative Law Review, vol. 58, Review, vol. 72, no. 1 (Fall 2006). no. 4 (Fall 2006). The Internal Point of View in Law and LIBRARY NOTES Focus: ADR in Film, Dispute Ethics, Fordham Law Review, vol. 75, Resolution Magazine, vol. 13, no. 2 no. 3 (Dec. 2006). (Winter 2007). New Models for Securities Law Mr. Manz is a part-time Reference Enforcement, Brooklyn Journal of Librarian at the New York County Corporate Financial & Commercial Lawyers’ Association. He is also Law, vol. 1, no. 1 (Fall 2006). Assistant Law Librarian and Director Recent Cases: Constitutional Law, of Student Publications at St. John’s Harvard Law Review, vol. 120, no. 3 University School of Law. (Jan. 2007). by William Manz overview of amendments to the Federal Rules of Civil Procedure and a discus- CLE PROGRAMS AT THE NYCLA LIBRARY To make suggestions about book pur- sion of Rule 16(b) orders. Prepared for a chases, please contact the Library program presented in October–December NYCLA ELECTRONIC 1 MCLE Credit: 1 Skills; Transitional Director, Nuchine Nobari, by email at 2006. RESEARCH CENTER Member: FREE [email protected] or by phone at 212- CLE PROGRAMS: MARCH Non-Member: FREE 267-6646, ext. 201. NEW EDITIONS AND APRIL Wednesday, March 21 FEATURED WEB SITES – Best’s Directories of Recommended MARCH 10:00–12:30 PM ETHICS OPINIONS ONLINE Insurance Attorneys and Adjusters BANKRUPTCY COURT (A.M. Best 2007). Monday, March 12 ELECTRONIC CASE FILING Ethics opinions are available in full text Consumer Bankruptcy Law and 11:00–12:00 PM SYSTEM at the following websites: Practice NCLC 2007). LIVEDGAR: LIFE OF A 2.5 MCLE Credits: 2.5 Skills; Criminal Procedure in New York COMPANY Transitional NYCLA (www.nycla.org/index.cfm?sec- (Thomson West 2nd ed. 2006). 1 MCLE Credit: .5 Skills, .5 Member: $65 tion=Library&page=Ethics_Opinions) Entertainment Law (Thomson West Professional Practice; Transitional Non-Member: $85 (chronological list since 1998 in pdf 3rd ed. 2006). Member: $65 Non-Legal Staff: $35 format). Fair Credit Reporting (NCLC 2007). Non-Member: $85 City Bar Labor Certification Handbook, 2007 Non-Legal Staff: $35 Wednesday, March 21 (www.nycbar.org/Publications/reports/rep ed. (Thomson West). 6:00– 7:30 PM orts_ethics.php) (chronological list since New York Construction Law Manual Wednesday, March. 14 INTERNET LEGAL 1986 indexed by year). (Thomson West 2nd ed. 2006). 10:30–11:30 AM RESOURCES: IMMIGRATION Nassau County Bar Association New York Estate Administration LEXIS: COMMERCIAL 1.5 MCLE Credits: 1.5 Skills; (www.nassaubar.org/ethic_opinions.cfm) (LexisNexis 2007). CONTRACTS & UCC Transitional (1994–2003) (arranged by topic). New York Matrimonial Practice 1 MCLE Credit: 1 Skills; Transitional Member: $65 New York State Bar Association (Thomson West 2nd ed. 2006). Member: FREE Non-Member: $85 (www.loislaw.com/nysba) (searchable Physicians’ Desk Reference 2007 Non-Member FREE Non-Legal Staff: $35 Loislaw database). (Thomson PDR). Residential Landlord-Tenant Law in Wednesday, March 14 Thursday, March 22 FEATURED TITLE New York, 2007 ed. (Thomson West). 12:00– 1:00 PM 2:00–3:00 PM Student Loan Law (NCLC 2007). LEXIS: BASIC WESTLAW: INTERNATIONAL General Practice in New York (Robert 1 MCLE Credit: 1 Skills; Transitional LAW RESEARCH L. Ostertag & James D. Benson eds.) NEW UPDATES Member: FREE 1 MCLE Credit: 1 Skills; Transitional (Thomson West 2002). Has 39 chapters Non-Member FREE Member: FREE in six volumes, each written by a leading Bromberg and Lowenfels on Non-Member: FREE Securities Fraud and Commodities expert in the field. The wide range of Thursday, March 15 topics covered include commercial sales Fraud (Thomson West) (Dec. 2006 10:00–11:00 AM Thursday, March. 22 contracts, mechanics’ liens, civil rights update). 6:00– 7:30 PM Couch on Insurance 3rd ed. (Thomson WESTLAW: INTELLECTUAL law, bankruptcy, elder law, personal INTERNET LEGAL injury and local criminal court practice. West) (Dec. 2006 supplements). PROPERTY RESEARCH 1 MCLE Credit: 1 Skills; Transitional RESOURCES: NEW YORK All chapters include sample forms. Criminal Procedure in New York, Second Edition (Thomson West) (2007 Member: FREE MATERIALS Non-Member: FREE 1.5 MCLE Credits: 1.5 Skills; NEW PLI BOOKS replacement pages). Transitional Criminal Procedure, Second Edition Member: $65 Adoption Law Institute 2006. Has 24 (Thomson West) (2007 pocket parts). Thursday, March 15 Non-Member: $85 chapters covering such issues as private Immigration Law and Crimes 6:00– 7:30 PM Non-Legal Staff: $35 placement, tax and financial considera- (Thomson West) (Release #9). INTERNET LEGAL tions, conditional surrenders, interstate Moy’s Walker on Patents (Thomson RESOURCES: AN OVERVIEW and international adoptions and ethical West) (third update). 1.5 MCLE Credits: 1.5 Skills; Wednesday, March. 28 issues for attorneys. Prepared for a Newburg on Class Actions (Thomson Transitional 3:00– 4:00 PM December 2006 program. West) (Dec. 2006 supplement). Member: $65 WESTLAW: ADVANCED New York Charter & Administrative Non-Member: $85 1 MCLE Credit: 1 Skills; Transitional Coping With U.S. Export Controls Code (New York Legal Publishing Non-Legal Staff: $35 Member: FREE 2006. Contains 14 chapters dealing with Corp.) (2005 Amendment Book). Non-Member: FREE a wide range of subjects, including the New York Pretrial Criminal Tuesday, March 20 flow of technology, the U.S. anti-boycott Procedure (Thomson West) (2007 sup- 10:30–11:45 AM law, voluntary self-disclosures, arms traf- plement). BLOOMBERG PROFESSIONAL: APRIL ficking and “end use” controls. There is New York State Administrative INTRODUCTORY CLASS also an extensive appendices section con- Procedure and Practice (Thomson 1.5 MCLE Credits: 1 Skills; .5 Law Wednesday, April 4 taining statutes, orders, regulations and West) (2007 supplement). Practice Management; Transitional 6:00–7:30 PM documents relating to enforcement. Search and Seizure: A Treatise on the Member: FREE COMPUTER APPLICATIONS: Prepared for a December 2006 program. First Amendment (Thomson West) Non-Member: FREE MICROSOFT EXCEL (2007 pocket parts). 1.5 MCLE Credits: 1.5 Skills; Electronic Discovery and Retention Tuesday, March 20 Transitional Guidance for Corporate Counsel FORMS ON CD-ROM 3:00–4:00 PM Member: $65 2006. Includes several chapters dealing WESTLAW: NEW YORK Non-Member: $85 with various aspects of electronic dis- Blue’s Guide to Jury Selection MATERIALS Non-Legal Staff: $35 covery, as well as such topics as an (Thomson West). March 2007 / New York County Lawyer 17

PREPARATION Non-Member: $85 Friday, April. 20 Thursday, April 5 1 MCLE Credit: 1 Skills; Transitional Non-Legal Staff: $35 10:00–11:00 AM 10:00–11:00 AM Member: $65 Wednesday, April 18 WESTLAW: TAX RESEARCH WESTLAW: BEGINNER Non-Member: $85 BANKRUPTCY COURT 1 MCLE Credit: 1 Skills; Transitional 1 MCLE Credit: 1 Skills; Transitional Non-Legal Staff: $35 ELECTRONIC CASE FILING Member: FREE Member: FREE SYSTEM Non-Member: FREE Non-Member: FREE Tuesday, April 17 2.5 MCLE Credits: 2.5 Skills; 10:30–11:4 Transitional Wednesday, April 25 Thursday, April 5 BLOOMBERG PROFESSIONAL: Member: $65 10:00–11:00 PM 12:00–1:30 PM INTRODUCTORY CLASS Non-Member: $85 WESTLAW: REAL PROPERTY BANKRUPTCY: BASIC 1.5 MCLE Credits: 1 Skills; .5 Law Non-Legal Staff: $35 RESEARCH RESEARCH Practice; Transitional 1 MCLE Credit: 1 Skills; Transitional 1.5 MCLE Credits: 1.5 Skills; Member: FREE Thursday, April 19 Member: FREE Transitional Non-Member: FREE 6:00–7:30 PM Non-Member: FREE Member: $65 INTERNET LEGAL RESOURCES: Non-Member: $85 Wednesday April 18 AN OVERVIEW Thursday, April. 26 Non-Legal Staff: $35 6:00–7:30 PM 1.5 MCLE Credits; 1.5 Skills; 2:00–3:00 PM INTERNET LEGAL RESOURCES: Transitional WESTLAW: INTERNATIONAL Wednesday, April 11 IMMIGRATION Member: $65 LAW RESEARCH 10:30–11:30 AM 1.5 MCLE Credits: 1.5 Skills; Non-Member: $85 1 MCLE Credit: 1 Skills; Transitional LEXIS: NEWS & PUBLIC Transitional Non-Legal Staff: $35 Member: FREE RECORDS Member: $65 Non-Member: FREE 1 MCLE Credit: 1 Skills; Transitional Member: FREE Non-Member: FREE

Wednesday, April 11 CLASSIFIEDS 12:00– 1:00 PM LEXIS: ADVANCED 1 MCLE Credit: 1 Skills; Transitional Member: FREE ATTORNEYS WANTED Non-Member: FREE

Wednesday, April 11 3:00–4:00 PM ATTORNEY ATTORNEY WESTLAW: RESEARCH LITIGATION Sidley Austin LLP (New York) seeks Mid-level Associ- Sidley Austin LLP (New York) seeks Mid-level 1 MCLE Credit: 1 Skills; Transitional ate/Corporate - Finance w/ JD or equiv. & 2 yrs. exp. Associate/Corporate Reorganization and Bankruptcy w/ Member: FREE incl. regulatory requirements in capital market transac- JD or equiv. & 2 yrs. exp. incl. Chapter 11 Bankruptcy; Non-Member: FREE tions in Latin America; financial deals with multilateral debtor & creditor legal work for multimillion $ transac- financial institutions in cross border transactions; and tions; and cross-border insolvency. Resume & cover letter Monday, April 16 integration of local law security interest documents to: [email protected] with 05 in subject heading. 11:00–12:00 PM and New York law finance documents. Resume & cover No calls. EOE LIVEDGAR: PRECEDENT letter to: [email protected] with 06 in subject RESEARCH AND DRAFT heading. No calls. EOE

ATTORNEY ATTORNEY ETHICS HOTLINE Sidley Austin LLP (New York) seeks Mid-level Associ- Sidley Austin LLP (New York) seeks Mid-level Associ- March 1-15 April 1-15 Leah Schmelzer Brian Gordon ate/Pooled Investment Entities w/ JD or equiv. & 3 yrs. ate/M&A and Private Equity w/ JD or equiv. & 2 yrs. 718 590-3250 212 809-8000 exp. incl. structured finance lending facilities; structur- exp. incl. M&A transactions involving public compa- ing private hedge funds; and performing 1940 Act analy- nies; cross-border transactions involving multiple for- March 16-31 Sylvia Schweder sis on financial institutions. Resume & cover letter to: eign jurisdictions; transactions involving companies in Clarissa Porter 212 558-4322 [email protected] with 04 in subject heading. No the insurance industry. Resume & cover letter to: nyre- 203 254-2536 calls. EOE [email protected] with 03 in subject heading. No calls. EOE

SUBSTANCE ABUSE HOTLINE ATTORNEY Attorneys, judges, law students and mem- bers of their immediate families can get Sidley Austin LLP (New York) seeks Mid-level Associ- confidential help with alcohol or substance- abuse problems 24 hours a day, seven days ate/Corporate M&A w/ JD or equiv. & 2 yrs. exp. incl. a week, by calling the toll-free hotline 800- cross-border and public M & A transactions; private of- 255-0569. ferings and U.S. public offerings; and structure and for- mation of hedge funds and private equity funds. Resume & cover letter to: [email protected] with 08 in subject heading. No calls. EOE DIRECTIONS TO NYCLA

NYCLA is located at 14 Vesey Street between Broadway and Church, across the street from St. Paul’s Chapel and around the corner from To ADVERTISE IN THIS LEGAL SERVICES DIRECTORY CALL: City Hall. By Subway: 2 and 3 to Park Place; A, C and E to Chambers Street; 4, 5 and M to Joe Parrino Fulton Street. By Bus: M103 to City Hall; M1 and M6 to 631-913-4253 Fulton Street 18 March 2007 / New York County Lawyer CLASSIFIEDS

WILLS, TRUSTS & ESTATES

FLORIDA ESTATES PROBATE AND ADMINISTRATION

Christopher T. Owen, P.A. 1903 S. Congress Avenue Suite 320 Boynton Beach, Florida 33426 (561) 733-6003

New York Office: 200 Madison Avenue Suite 510 New York, New York 10016 (212) 725-7969

Florida Practice Limited to Wills, Trusts and Estates

IT PAYS TO ADVERTISE IN NEW YORK COUNTY LAWYER Call: Joe Parrino 631-913-4253 BUSINESS CARDS

Fiduciary Accounting and Tax Service Barbara A. McConnell

Trust and Estate / Personal Hi-net worth / Gift / Foundation / Guardianship / Dedicated to the placement of attorneys and legal support staff to Manhattan and Court Accounting / Tax Returns Long Island law firms and corporations. Telephone: 631-754-1358 59 Nautilus Avenue Fax: 877-571-4023 Northport, NY 11768 E-mail: [email protected]

To ADVERTISE IN THIS BUSINESS CARDS DIRECTORY CALL: Joe Parrino 631-913-4253

LEGAL SERVICES Classified Full 10-1/4 x13-3/4 Ad 1/2 10-1/4 x 6-7/8 Sizes To ADVERTISE IN THIS LEGAL Kiss A Frog Tag Sales 1/4 5x 6-7/8 Estate Sale & Tag Sale Specialists Please call SERVICES DIRECTORY CALL: Estate Sales about our 1/6 5x 4-1/4 Tag Sales Full or Partial Home Contents rates Joe Parrino Cleanout Service 1/12 3-1/4 x 2-1/2 631-913-4253 (516) 932-3998 (718)-343-1409 kissafrogtagsales.com 1/24 3-1/4 x 1-1/2 Don’t Be Fooled By Those who Offer Less than Full Service Value!

MORE EXPOSURE MORE RESOURCES MORE SERVICES

• Mortgage Services • Title Insurance Services • Commercial Real Estate • Homeowners Insurance • Previews International • Concierge Services • International Relocation Services Traditional Marketing Services • Open House Events • Local/Regional/International Newspaper Advertising • Direct Mail – Just Listed Just Sold Programs

Custom Tailored Programs • Luxury Home Division full-servicefull-service plusplus • Exclusive Magazine Advertising • Elite Direct Mail Program • Professional Photography Services Coldwell Banker Residential Brokerage • Copywriting Services E Marketing Advantages invites you to learn more about our Full • All Our Websites Service Plus Commitment and why no other • ColdwellBankerMoves.com • ColdwellBanker.com company offers more resources, connections • Realtor.com • ColdwellBankerPreviews.com and expertise to ensure you get the highest • OpenHouse.com possible price for the sale of your home. • NYTimes.com • Search Engine Optimization Programs • Web Advertising Serving every neighborhood throughout • LeadRouter Immediate Response System Plus... Long Island & Queens. • International Referral Network • Brand Name Recognition For 100 Years Contact us at 800-648-2221 • Home Protection Plans

ColdwellBankerMoves.com

©2006 Coldwell Banker Real Estate Corporation. Coldwell Banker® is a registered trademark licensed to Coldwell Banker Real Estate Corporation. An Equal Opportunity Company. Equal Housing Opportunity. Owned and Operated by NRT Incorporated.

Coldwell Banker Mortgage, 3000 Leadenhall Road, Mt. Laurel, NJ 08054. Licensed Mortgage Banker - NYS Banker Department. Coldwell Banker is a registered trademark licensed to Coldwell Banker Real Estate Corporation. THERE ARE MORE THAN 180 LAW SCHOOLS IN AMERICA

But Only One Shares Its Campus With A Federal Courthouse And A State Courthouse. Take a look atTouro now

January 16th marked a new era for Touro College Jacob D. Fuchsberg Law Center Kathleen M. Rice, Nassau County District with the opening of its new state-of-the-art, 180,000-square-foot facility in Attorney, Class of 1991 Central Islip, New York. The new Law Center is strategically located adjacent to a federal courthouse and a state courthouse, creating the first planned "law campus" in the United States. Through Touro's innovative Court Observation Program, students no longer just read about the law, they experience the law. The program brings first-semester students into a real arraignment courtroom to observe first-hand the justice system at work. Touro's new curriculum is unique in legal education - in fact, it is the first such program in the country.

A new building, a new location, and a new curriculum. It's all part of bringing law to life.

225 Eastview Dr., Central Islip, NY 11772 Bringing Law to Life • 631.761.7000 • tourolaw.edu 82497MNI