COUNTYNEW YORK LAWYER

March 2009 Visit us at www.nycla.org Volume 5 / Number 2

A MESSAGE FROM THE NYCLA PRESIDENT INSIDE Ann B. Lesk WOMEN’S HISTORY Women’s History Month importance of the marriage relationship: For most of us, leading a full life MONTH CELEBRATIONS Chief Judge Judith Kaye retired at the includes establishing a family. Indeed, end of 2008, as required by New York law. most New Yorkers can look back on, HON. RENEE ROTH TO DELIVER In 1983, she was the first woman appoint- or forward to, their wedding as among LEWINSON LECTURE ed an Associate Judge of the Court of the most significant events of their ON MARCH 31 PG 4 Appeals. In 1993, she became the first lives. They, like plaintiffs, grew up woman to serve as Chief Judge. She sub- hoping to find that one person with sequently became the only Chief Judge to whom they would share their future, serve a full 14-year term, was reappointed, eager to express their mutual lifetime EDITH I. SPIVACK AWARD and retired after 15 years on the Court. pledge through civil marriage. Solely There have been so many tributes to because of their sexual orientation, TO CO-FOUNDER AND Judge Kaye that another would be super- however--that is, because of who they fluous. It is, however, interesting to look at love--plaintiffs are denied the rights EXECUTIVE DIRECTOR OF her tenure as indicative of how the growing and responsibilities of civil marriage. presence of women on the bench might sented only about 19 percent of partners in This State has a proud tradition of EQUALITY NOW PG 3 change our approach both to the law and to firms in large cities (which generally have affording equal rights to all New the administration of our courts. a higher percentage of women than other Yorkers. In January 2009, women held the posi- areas). Sadly, the Court today retreats from that tion of Chief Justice of the highest state There are now enough women running proud tradition. MEET NYCLA’S court in 19 states,1 and in two states state judicial systems to permit social sci- The balance of the 27-page dissent was a women were acting Chief Justices.2 Of ence research on their impact. A 2003 meticulous and scholarly rebuttal of the WOMEN’S RIGHTS these, only one had served longer than paper3 argued that the presence of women constitutional reasoning of the four-judge4 Judith Kaye. This influx of women Chief Chief Justices had two types of impact: in majority. Although Chief Judge Kaye COMMITTEE PG 9 Justices cannot be ascribed to any particu- decisions, but also in the priorities that they failed to attract a majority of the New York lar method of judicial selection. Some are set in their role as court administrators. court, her dissent was cited with approval appointed, elected, selected by their peers Chief Judge Kaye’s career has ample by the majorities in both California5 and on the Court, and at least one is serving by examples of both. Connecticut6 that invalidated state bans on SAFEGUARDING virtue of seniority on the bench. In 2006, the New York Court of Appeals same-sex marriage. The explosion of state Chief Justices is held that under the New York Constitution, Similarly, her final State of the Judiciary COMPUTER DATA, BY not matched by a similar increase in lead- the State had a rational basis for prohibiting speech, delivered on November 12, 2008 at ership of the Federal Courts. Of the 13 same-sex marriage. Hernandez v. Robles New York University, combined a compas- ANTHONY L. SOUDATT Federal Circuit Courts of Appeal, only two (2006 NY Slip Op 5239; 7 N.Y.3d 338; sionate sensibility with dedication to PG 6 have women serving as Chief Judge. Nor 855 N.E.2d 1; 821 N.Y.S.2d 770; 2006 improving the administration of justice. has private practice come close to giving N.Y. LEXIS 1836 July 6, 2006) and relat- She featured, front and center, her concern women a comparable leadership role. ed cases. Chief Judge Kaye, joined by for families, and particularly the children, REGULATORY ROUNDUP, According to a recent National Association Judge Carmen Ciparick, filed a passion- who appeared in Family Court: for Law Placement survey, women repre- ate dissent that started by focusing on the (See Message From The President, Page 12) BY FELIX SHIPKEVICH PG 10 NYCLA Receives Award of Merit from TABLE OF CONTENTS NYS Conference of Bar Leaders Book Review ...... 4 Centennial Book ...... 2 On January 30, NYCLA received the law, New York University School of Law, Delegates in August 2008 and called for all Events Calendar ...... 2 New York State Conference for Bar and NYCLA President Ann B. Lesk. Best jurisdictions to adopt rules, guidelines and CLE Programs ...... 14 Leaders’ 2008 Award of Merit (for bar Practices and its accompanying resolution best practices similar to those contained in CLE Tech Programs ...... 15 associations with 2,000+ members) for its were adopted by the ABA House of NYCLA’s report. Deconstructing the Bar Exam...... 11 report, Best Practices for Judges in the Settlement and Trial of Cases Involving Edith I. Spivack Award ...... 3 Unrepresented Litigants in Housing Court. Ethics Hotline ...... 13 The Award recognizes New York bar asso- Hon. Jacqueline W. Silbermann ciations “for outstanding service to the Joins Blank Rome...... 6 public and the profession through innova- Library Notes ...... 10 tive projects and programs.” Pictured (from Member Benefits...... 2 left to right) are: Michael E. Getnick, pres- Message from the Director of the CLE ident elect, New York State Bar Institute ...... 5 Association, and Linda J. Clark, chair, New Message from the President...... 1 York State Conference of Bar Leaders, pre- Message from the President senting the award to Paula Galowitz, co- of the NYCLA Foundation...... 3 chair (with Hon. Marcy S. Friedman, Metropolitan Museum’s Concerts Justice, New York State Supreme Court, and Lectures...... 13 not pictured) of NYCLA’s Task Force on NYCLA Receives Award ...... 1 the Housing Court and clinical professor of Past Events...... 8 Practice of Law Series ...... 7 Regulatory Roundup...... 10 Safeguarding Computer Data ...... 6 Substance Abuse Hotline...... 15 Women’s History Month Celebrations ...... 3 and 4 Women’s Rights Committee...... 9 Young Lawyers Section Program....15 2 March 2009 / The New York County Lawyer EVENTS CALENDAR Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. March April SPECIAL EVENT IN HONOR OF SPECIAL EVENT: WOMEN’S HISTORY MONTH: EDITH NYCLA’S LAW DAY LUNCHEON I. SPIVACK AWARD RECEPTION Friday, April 24 Wednesday, March 18 11:30 AM 6:00 PM Place: Cipriani Wall Street, 55 Wall Street Place: NYCLA Home of Law – 14 Vesey (between William and Hanover Streets) Street This year’s Law Day celebrates the New York County Lawyers’ Association’s Awardees: Jessica Neuwirth, president and bicentennial of President Abraham Committee on the Supreme Court founder of Equality Now, and Taina Bien- Lincoln. Aimé, executive director of Equality Now Capozzoli Gavel Honoree: Commercial Sponsor: NYCLA’s Women’s Rights Division of the Supreme Court, New York Committee County Law Day Luncheon BY INVITATION ONLY AND NYCLA Sponsor: NYCLA’s Supreme Court MEMBERS Committee FREE Tickets: Patron Table: $2,500; Supporter The Capozzoli Gavel Award RSVP: [email protected] and write Table: $2,100 will be presented to the ‘March 18 Reception’ in the Subject line. (For more information, please email (For more information, please refer to the [email protected] and write ‘Law Day Commercial Division of the Supreme Court article on page 3.) ’09’ in the Subject line.) New York County SPECIAL EVENT IN HONOR OF SPECIAL EVENT: WOMEN’S HISTORY MONTH: RUTH NANETTE DEMBITZ LECTURE Friday, April 24, 2009 ~ 11:30 am LEWINSON MEMORIAL LECTURE Tuesday, April 28 Tuesday, March 31 6:00 PM 6:00 PM Place: NYCLA Home of Law – 14 Vesey Please join us as we honor the Commercial Division at our Place: NYCLA Home of Law – 14 Vesey Street Law Day Luncheon in a triumph of Greek Revival Street Sponsor: NYCLA’s Family Court and Lecturer: Hon. Renee Roth (ret.), Child Welfare Committee architecture among monolithic Corinthian columns Surrogate’s Court, New York County FREE and a 70-foot ceiling with a Wedgwood dome. Sponsor: NYCLA’s Estates, Trusts, RSVP: [email protected] and write Surrogate’s Court Practice Section ‘Dembitz Lecture’ in the Subject FREE line. Cipriani RSVP: [email protected] and write (More information about this event will 55 Wall Street ‘Lewinson Lecture’ in the Subject line. appear in the April issue.) New York, NY (For more information, please refer to the article on page 4.) For more information about how to participate, please email [email protected]. EMIPS Presents Public Forum on March 11 Practice Of Law Series Legal Ethics You Need to Know ferences, settlement conferences and the NYCLA’s Entertainment, Media, The forum speakers are: Elizabeth April 16 – 6:00 PM trial. Proper courtroom etiquette and Intellectual Property and Sports Law Durkin, partner, Durkin & Durkin, LLP; Speaker: Lewis Tesser behavior will also be discussed. Section (EMIPS) is hosting a free public Mike DiMaggio, associate, Collins, forum, “Representing Athletes in McDonald & Gann, P.C. and former An inside look at the attorney discipline THE PRACTICE OF LAW SERIES Sponsorship and Endorsement Deals,” on executive director of the United process. How to avoid and respond to is FREE for all NYCLA members. The March 11 at 6:30 PM at the Home of Law. Supplement Freedom Association; disciplinary complaints. Professionalism programs are led by experienced attor- Speakers will discuss their representation Christopher Chase, associate, Frankfurt, and civility – not as simple as it appears. neys in informal settings to help you of athletes in individualized (as opposed to Kurnit, Klein & Selz, P.C.; Scott manage your practice. All programs are team) sports in negotiations and the main- Shaffer, member, The Lustigman Firm, What Judges Want You to Know held at the Home of Law, 14 Vesey tenance of endorsement and sponsorship P.C.; and Keven Davis, partner, Garvey April 23 – 6:00 PM Street (between Church Street and deals. They will also address the recent Schubert & Barer and attorney for the Speaker: Jeffrey Kimmel Broadway). (See page 7 for complete Michael Phelps and Alex Rodriguez scan- Williams’ sisters. series information.) Refreshments are dals and how to handle such matters as To rsvp, email [email protected] and An experienced trial attorney shares provided. they pertain to endorsements and sponsor- write ‘March 11 forum’ in the Subject his insights. Get important tips on what ships, as their attorneys. line. judges expect during motion practice, To register: [email protected] or preliminary conferences, pre-trial con- call Cindy at 212-267-6646, ext. 209. Job Postings There are two sections of NYCLA’s Members-Only website that contains Member Benefit Job postings.

1. Log on to www.nycla.org and click on Jobs in the Members-Only section. Best Buy for Business Recent Job Listings Include: -Chief Court Counsel NYCLA members are eligible for a Best Buy for Business group discount pro- -Associate of preeminent AV-rated plaintiffs’ side employment law firm gram. Prices are determined on an item-by-item basis and based on a percentage -White-collar crime Policy Director of National Lawyers Association over the store's cost, NOT a discount off the store's published price. To take advan- -Executive Director of community-based not-for-profit agency tage of the NYCLA discount, please go to www.nycla.org, log in and click on -Staff attorney for community legal services agency Benefits in the Members-Only section. Orders can be placed between 8:00am- -Flex-time attorney for small, busy downtown law firm 5:00pm Monday through Friday EST with our account executive. You can order online 24 hours a day, seven days a week once you have established an account.

2. Click on Benefits in the Members-Only section and scroll down and click on To Advertise in Jobs, where you will find LegalStaff.com. NYCLA is the first New York-area New York County Lawyer association to provide online local and national job listings, linked directly on its Call website, through LegalStaff.com. Its Career Center also has a resource center with articles, strategies and helpful tips for job seekers. (866) 867-9121 March 2009 / The New York County Lawyer 3

MESSAGE FROM THE PRESIDENT OF THE NYCLA FOUNDATION NEW YORK James B. Kobak Jr. COUNTY LAWYER Ann B. Lesk In recognition of Women’s History book, Rumors of Our Progress Have Been President Month this month, as well as Black History Greatly Exaggerated; and Gloria Browne- Month last month, I thought I would write Marshall, the recipient of the Ida B. Wells- Sophia J Gianacoplos about something other than the capital Barnett Justice Award last month. Executive Director needs of the building and remind These are only the tip of the iceberg of NYCLA’s members of the many minority- NYCLA’s long history and involvement in Mariana Hogan and women-oriented programs and activi- women’s rights and minority issues and Chair, Newsletter Editorial Board ties that contributions to the Foundation projects. The Pro Bono Department’s and its endowment help make possible. Uncontested Divorce Project provides Marilyn J. Flood This month, the Edith I. Spivack Award, assistance to low-income individuals, many Counsel to NYCLA sponsored by the Women’s Right of them victims of domestic violence, in Executive Director of the Committee, will be presented to Jessica obtaining divorces. The Women’s Rights NYCLA Foundation Neuwirth, co-founder and president of Committee addresses critical public policy Equality Now, an international human issues and holds forums on topics such as Anita Aboulafia rights group, and Taina Bien-Aimé, the Nanette Dembitz and Ruth Lewinson reproductive rights, violence against Editor organization’s executive director. In Memorial Lectures. Both of these accom- women and children, and trafficking in Director of Communications February, Black History Month, the plished women found a home and an audi- women and girls. Minorities and the Law Committee present- ence at NYCLA at a time when other Dollars contributed to the NYCLA Jennifer Ni Wang ed the Ida B. Wells-Barnett Justice Award opportunities were few or non-existent. Foundation sustain these types of programs Communications Assistant to Gloria J. Browne-Marshall, author of In addition to these regular features, and the Minority Judicial Internship Race, Law, and American Society: 1607 to NYCLA has sponsored in the last two years Program, as well as the building. Those the Present and associate professor of alone book signings and attendant talks by: interested in helping to support activities in New York County Lawyer is Constitutional Law at John Jay College of Jill Norgren, author of a book about Belva these areas can contribute directly to the published by Criminal Justice. These events always fea- Lockwood, who ran for the U.S. presidency Spivack Fund for Women in Law and Long Islander Newspapers ture stimulating addresses on matters of in 1864 and 1868 and was the first woman Society or contact the Foundation’s under the auspices of concern to anyone interested in women’s admitted to practice before the U.S. Executive Director, Marilyn J. Flood, about the New York County Lawyers’ and minorities’ rights. Supreme Court; Hon. Carolyn B. Maloney, specific giving ideas or charitable bequests. Association. For advertising Other annual programs on the NYCLA congresswoman and the first woman to rep- And, if you do nothing else, be sure to information, call 631-427-7000. calendar owe their existence to pioneering resent New York’s 14th Congressional attend one of NYCLA’s interesting and Mailing address: 149 Main Street, women lawyers as well. These include the District, who spoke about her provocative informative programs. Huntington, NY 11743. Copyright © 2009 New York NYCLA’s Women’s Rights Committee presents County Lawyers’ Association. All rights reserved. New York County Lawyers’ Association grants per- In Honor of Women’s History Month mission for articles and other mate- rial herein or portions thereof to be reproduced and distributed for edu- cational or professional use through direct contact with clients, prospective clients, professional THE 12TH ANNUAL colleagues and students provided that such use shall not involve any EDITH I. SPIVACK matter for which payment (other than legal fees or tuition) is made and provided further that all repro- AWARDS RECEPTION ductions include the name of the author of the article, the copyright notice(s) included in the original Honorees publication, and a notice indicating the name and date of the JESSICA NEUWIRTH Association publication from President and Co-Founder, Equality which the reprint is made. Subscription rate: $10.00 per year Jessica Neuwirth Taina Bien-Aimé Now for non-members TAINA BIEN-AIMÉ Executive Director, Equality Now Founded in 1992, Equality Now is an interna- New York County Lawyer is published tional human rights organization with offices in monthly (except January and August) New York, London and Nairobi, that works to When for $10 per year by New York County protect and promote the civil, political, econom- Lawyers’ Association, 14 Vesey Street, 6:00 p.m. New York, NY 10007. Periodicals ic and social rights of girls and women across Wednesday, March 18, 2009 postage paid is mailed at New York, the globe. NY and additional mailing offices. POSTMASTER: Send address changes A NYCLA member for 44 years, Edith I. Where to: New York County Lawyer, 14 Spivack served as chair of NYCLA's newly cre- Vesey Street, New York, NY 10007- New York County Lawyers’ 2992. ated Special Committee on Women’s Rights beginning in 1993. It became a standing com- Association USPS #022-995 mittee and under her extraordinary leadership, 14 Vesey Street ISSN: 1558-5786 the Committee was highly regarded for its (between Broadway & Church Street) advocacy of equal rights under the law for $10.00 of membership dues is deducted for a one-year subscription to the New women. In addition to Ms. Spivack’s leader- York County Lawyer. ship, she is remembered for her service as men- tor, role model and inspiration to many women RSVP: [email protected] and write Photo Credits: lawyers. ‘Spivack event’ in the Subject line Anita Aboulafia Cindy Fragliossi For more information, go to www.nycla.org Erika Silverstein and click on the event on the homepage. Joel Vega Jennifer Ni Wang 4 March 2009 / The New York County Lawyer Women’s History Month Celebration: Hon. Renee Roth to Deliver Lewinson Lecture on March 31 By Jennifer Ni Wang Ruth Lewinson Among the city’s first female attorneys, Ruth In honor of Women’s History Month, on March 31, Lewinson accomplished two notable “firsts” at Hon. Renee R. Roth, who served as Surrogate of New NYCLA: She was the first woman officer and the first York County for over 25 years, presents the Ruth woman whose portrait adorns the second-floor Lewinson Memorial Lecture at NYCLA. Judge Roth Lounge, a tribute to her by the Committee on the was responsible for 132 reported opinions, many Surrogate’s Court, for which she was a member and addressing novel issues including the: rights of children liaison-director. born through in vitro fertilization, rights of non-marital Ms. Lewinson graduated New York University fathers in adoption cases and reformation of trusts Law School in 1920. That year, she joined NYCLA involving Subchapter S corporations and grantor and became one of 33 female members among a total retained income trusts (GRITs). of 3664. She succeeded her father Benno Lewinson She is committed to both training lawyers and inform- as treasurer, serving from 1935 to 1971, a record ing the public about her areas of expertise. Since 1980, unlikely to be broken. She was a prominent partici- Judge Roth has been an adjunct professor of law at pant in essentially every event of importance for Fordham Law School, specializing in estates adminis- nearly 50 years, serving as ‘poet laureate’ of the tration. She frequently lectures at professional and bar Association, providing commentary in verse on associations, as well as at synagogues, churches and countless occasions. community-based organizations. Ms. Lewinson was an active and esteemed trust and A NYCLA member for almost 34 years, Judge Roth has estates lawyer. In 1925, while serving as a trustee of Surrogate’s Court Practice Section, the lecture will been a member of the Judicial Section since 1995. She also Hunter College, where Ms. Lewinson graduated Phi begin at 6:00pm. To RSVP, please email Dianna Lamb served on the Executive Committee of the Surrogate’s Beta Kappa, she joined her father’s firm, Lewinson & at [email protected] and write “Lewinson Lecture” in Association of the State of New York and was a director of Lewinson. A year later, Mayor Jimmy Walker appoint- the Subject line. the Fordham Law School Alumni Association. ed her a member of New York City’s Board of Higher Judge Roth received her J.D. from Fordham Law Education, where she served for 13 years. Ms. Wang is the Communications Assistant at the School. Sponsored by NYCLA’s Estates, Trusts, and New York County Lawyers’ Association.’ BOOK REVIEW By Eileen F. Shapiro until 1907, its seed was planted in 1898, reform was not resolved that evening, Robertson’s coverage of two speeches when David Leventritt, a well-respected Charles Strauss seized the opportunity to given at NYCLA’s 1920 annual dinner dra- Brethren and Sisters of the Bar: A Manhattan attorney, decided to run for a propose that a bar association open to all matically illustrates the conflict. United Centennial History of the New York seat on the New York State Supreme lawyers be established. A resolution was States Attorney General A. Mitchell County Lawyers’ Association, by Edwin Court. The Association of the Bar of the adopted, a committee was appointed and, Palmer spoke first. Palmer, who had David Robertson (published by City of New York, then an exclusive, elit- by the beginning of 1908, NYCLA was recently ordered the infamous Palmer Fordham University Press and NYCLA, ist, organization of only 1,200 members, founded. With annual dues set at $10, Raids in which government agents arrested 2008) declared him to be “ ‘not a fit person’ to more than 2,500 members had signed up and summarily deported aliens in a number In less capable hands, a history of the sit in the Supreme Court.” Leventritt was by February 1908. Within the year, of cities, purportedly because they were New York County Lawyers’ Association elected anyway, but the incident prompted NYCLA was up and running: space was Anarchists, Socialists and Communists, (NYCLA) could have been as dull and attorney Charles Strauss to consider the leased, a law library was established, com- proposed the enactment of new federal lifeless as those portraits of long-gone establishment of a bar association open to mittees were formed and NYCLA’s first statutes criminalizing similar speech by NYCLA presidents hanging on the walls all attorneys practicing in Manhattan. dinner was hosted to honor that same U.S. citizens. As Palmer put it, “I believe of 14 Vesey Street. But Edwin David Nothing came of his idea until the judicial Judge Leventritt. that it is urgent that no less punishment be Robertson’s highly enjoyable and fast- elections of 1907. That year, there were a Many of the issues of concern to the meted out to a citizen, naturalized or native paced narrative just crackles with fascinat- large number of open judgeships, includ- members during the early years continue to born... .” In a resounding rebuttal, NYCLA ing anecdotes and lively and memorable ing two seats on the New York Court of engage us today. As Robertson points out, President Charles Evans Hughes Sr. (for- characters. Robertson has given us more Appeals and Strauss, along with several the issue of merit selection of judges has mer governor of New York and U.S. than the history of a bar association, more likeminded attorneys, saw this as an been one of recurring concern to NYCLA’s Supreme Court Justice, and the subject of even than a history of legal practice and opportunity to reform the process of judi- membership during the past 100 years. So, one of those dusty portraits hanging in the culture in Manhattan during the last centu- cial selection through bi-partisan endorse- too, has been NYCLA’s early and ongoing main auditorium of the Home of Law) ry. Rather, by interweaving the history of ments. On October 1, 1907, the New York campaign to improve the inadequate physi- declared that he had no “fear of citizens’ our Association with the wider political Law Journal published an invitation to all cal conditions in the various courthouses in meeting in an ‘open forum and by compe- and social life of our City and, to a large members of the bar of New York County the City. Another issue that confronted tent, free and candid discussion’ expressing extent, with important episodes of our to attend a meeting that evening to consid- NYCLA during the anti-immigrant, anti- views by ‘all those who desire any changes national history, he has shown us why our er how to recruit “fit, capable and reliable Socialist era after World War 1, is one that in our methods or formulae of govern- bar association matters. men” to fill the many vacancies on the is of great relevance to us today: the conflict ment.’” Although NYCLA was not born bench. Although the issue of judicial between national security and free speech. (Continued on page 12)

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Licensed in NY and CA Coverage may vary or may not be available in all states. NYCLA Sponsored Member Affinity Insurance Services, Inc., is the program administrator for Life and Health1 Insurance Program the NYCLA Sponsored Member Life and Health1 Insurance Program. (516) 457-9169 159 East County Line Road Affinity Insurance Services, Inc.; in CA (License #0795465), MN and OK, AIS Affinity Insurance Agency, Inc.; in NY, AIS Affinity Insurance Hatboro, PA 19040 Agency. © 2008 Affinity Insurance Services, Inc. E-6987-1208 1134 Lake Shore Drive, Massapequa Park, NY 11762 www.blasielaw.com March 2009 / The New York County Lawyer 5 MESSAGE FROM BARI CHASE, DIRECTOR OF THE CLE INSTITUTE March Madness at the CLE Institute After a spectacular start to 2009, we Professional Responsibility, since 1995. SAVE THE DATE: A special program, who remain in the workforce and are begin March with programs culled from He was a member of NYSBA’s Corporate Counsel’s Guide to the New forced to carry an extra-heavy workload the recent headlines dealing with the new Committee on Professional Ethics and has Disciplinary Rules, will be held on April and employees who feel that their current disciplinary rules, business crimes and the been a member of the ABA Standing 22 from 6:00-9:00 PM. This program has or former employers have not treated them effects of the economy. Committee on Ethics and Professional been specifically designed for corporate fairly. Join an “all-star” panel of employ- If you have clients at risk of losing their Responsibility since 2004 and that com- counsel to learn how the provisions of the ment attorneys representing both the homes, join us on Tuesday, March 10 from mittee’s chair since 2006. In 2007, he was new Rules of Professional Conduct for employee and management side, chaired 6:00-8:00 PM for Saving the Distressed named co-chair of the New York State New York attorneys that become effective by Murray Schwartz, Schwartz and Perry, Homeowner, presented by William J. Judicial Institute on Professionalism in the on April 1, 2009 will affect the way they at Employment Discrimination: A Horan and Peter J. Wagner of Horan and Law. Rounding out the panel are: Alan practice law and advise their businesses. It Critical Look at the Key Issues From Wagner. Our presenters have helped Friedberg, chief counsel, Appellate is one program no corporate counsel can Both Sides, presented on Wednesday, clients remain in their homes and save sig- Division, First Departmental Disciplinary afford to miss! March 25 from 6:00-9:00 PM. nificant amounts of money on their mort- Committee; Sarah Jo Hamilton, Scalise & An additional consequence of these try- In February, we reprised the popular gage payments by using their first-hand Hamilton; and Sarah Diane McShea, Law ing economic times is an increase in lay- program, From Arrest to Arraignment knowledge of regulatory and compliance Offices of Sarah Diane McShea LLP. offs, massive firings, stressed employees (Continued on page 14) laws, lender and serving practices and sec- ondary market agreements to accomplish a “win-win” resolution without litigation. These methods have proven successful in allowing both lender and borrower to reach a quick and fair resolution without the undue hardship of litigation. In these difficult economic times, it becomes even more important than ever to be aware of the ramifications of filing for bankruptcy protection. On Thursday, March 12 from 6:00-9:00 PM, Wayne Holly, author of Bankruptcy Crimes Law and Procedure and The Bankruptcy Fraud Reporter, and Charles A. Ross, Charles A. Ross & Associates, LLP, will present a program, Bankruptcy Crimes, co-spon- sored by NYCLA’s Bankruptcy Law Committee and Criminal Justice Section. Criminal law violations related to bank- ruptcy proceedings, such as concealment of property from the Bankruptcy Court or trustee, making a fraudulent transfer to defraud creditors, concealing, mutilating or falsifying records and filing a bankrupt- cy petition to deceive or defraud, can lead to fines and imprisonment if a person is convicted. For additional information, you can visit the Bankruptcy Fraud Resource Center at bankruptcyfraud.typepad.com. The March 17 program from NYCLA’s Ethics Institute will focus on the New Disciplinary Rules that become effective April 1, 2009, replacing the old New York Code of Professional Responsibility. The new rules are presented in a new format and adopt a numbering system that brings them in line with the ABA Model Rules. These rules also take into consideration new practice areas and trends that affect the way attorneys communicate with and represent their clients. The New York State Bar Association (NYSBA) submitted a five-year study that included new pro- posed rules to the Administrative Board of the Courts last February. These rules were carefully scrutinized by the Board and for- mally adopted by the Justices of the Appellate Division in December 2008. Highlights of the new rules include: Scope of Representation and Allocation of Authority Between Client and Lawyer, Fees and Division of Fees, Confidentiality of Information, Conflicts of Interest, Duties to Prospective Clients, Diligence and Communication. The complete set of the new rules can be found at www.nycourts.gov/rules/jointappellate. To guide attorneys through the complexi- ties of the new rules and provide context for what it will mean to their practices, we have assembled a panel of experts led by Steven C. Krane, Proskauer Rose, chair of the firm’s Law Firm Advisory Practice Group. Mr. Krane is a past president of the NYSBA (from 2001-02) and has chaired COSAC and its predecessor, the Special Committee to Review the Code of 6 March 2009 / The New York County Lawyer Hon. Jacqueline W. Silbermann Joins Blank Rome as Of Counsel

NYCLA Member Hon. Jacqueline W. University School of Law, New York Award, presented by NYCLA’s Supreme Silbermann (ret.), former administrative Women’s Bar Association and New York Court Committee. She is a board member judge, Supreme Court, New York County, State Association of Women Judges. Justice and former president of Judges and Lawyers has joined Blank Rome LLP as of counsel. Silbermann is a member of NYCLA’s Breast Cancer Alert, a fellow of the New Justice Silbermann’s practice concentrates Judicial Section and, in 2008, she received York State Bar Association and member of on matrimonial law and alternate dispute an award from the Association’s its Family Law and Judicial Section. Justice resolution and mediation. "I chose to join Matrimonial Law Section. She is a prior Silbermann is a graduate of Fordham Blank Rome because of its large group of recipient of the Louis Capozzoli Gavel University School of Law. talented professionals who provide full serv- ice solutions to their clients in every aspect of their businesses. The matrimonial group handles some of the most complex and cut- Safeguarding Computer Data ting edge matrimonial cases and I am thrilled to now be a part of that team." Justice Silbermann has 20 years of experi- in a Viral World - Part One ence handling matrimonial matters and more than 25 years of overall judicial experience. Hon. Jacqueline W. By Anthony L. Soudatt A software firewall, also Silbermann She serves on the boards of Fordham known as a personal firewall, One anti-virus security firm adds a second layer of protec- claimed that it detected more tion and goes much further in malware in the first eight protecting your PC. Software DUFFY & POSILLICO AGENCY INC. months of 2008 than in the pre- firewalls function by monitor- Court Bond Specialists vious 17 years combined. ing the communication ports Malware consists of worms, that applications use to com- BONDS * BONDS * BONDS * BONDS viruses, adware, rootkits, municate with the Internet. Trojans and other spyware. Ports are specific gateways Administration • Appeal • Executor • Guardianship And even if that number is that link communications Injunction • Conservator • Lost Instrument exaggerated, there is no denying that the between two computers via the Internet. ever expanding Internet facilitates a hostile While port numbers can range from 0 to Stay • Mechanic’s Lien • Plaintiff & Defendant’s computing environment, with cyber pirates 65535, not all numbers are used. But Bonds willing, ready and able to invade your com- some, called Well Known Ports, are Serving Attorneys since 1975 puter and plunder your data. specifically allocated for particular servic- Complete Bonding Facilities Purveyors of malware have progressed es. For example, Port 80 is used for HTTP from spoofed emails to targeting highly (web) transmissions, whereas email is IMMEDIATE SERVICE! trafficked websites. Web 2.0, with its ele- transmitted via ports 25 and 110. vation of social networking, has greatly Hackers use these preassigned ports to enabled the distribution of malware. exploit computer systems by masking 1-800-841-8879 FAX: 516-741-6311 Whereas computer users learned to be intrusions to comply with the protocols of 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) more careful of opening emails and the targeted ports. Without any hardware NYC Location: 108 Greenwich Street, New York, NY 10006 attachments from unknown senders, those or software firewall protection, a comput- users and many others have flocked to er system connected to the Internet is social networks like MySpace and potentially exposed to such an undetected Facebook and unknowingly are becoming intrusion. A software firewall remedies DIANA C. GIANTURCO conduits in the malware-distribution this by monitoring commonly used ports model. The very popular social networks and inspecting all traffic passing through ATTORNEY AT LAW allow users to create profiles and embed the ports. In contrast to a router-type fire- them with media that very well may be wall, a software firewall monitors traffic intentionally infected. in both directions – data coming in from P.O. BOX 419 This two-part article looks at the assort- the Internet and data being sent from your LONG BEACH, NY 11561 ment of anti-malware software and other computer out to the Internet. methods that are available to secure and This is a very important feature because Tel: 888-805-8282 preserve your computer data as you navi- Trojans, viruses and other malware are Fax: 516-706-1275 gate the viral-infested waters of the designed to capture data on your comput- Internet. Part one focuses on Microsoft er and transmit it to the hacker’s system. Windows-equipped PCs as they are Without a firewall or with just a router- APPEARANCES IN deployed in much greater numbers and are type firewall, such outbound transmis- prey to the majority of malware infections. sions would be invisible and undetectable QUEENS COUNTY Part two takes a look at Spyware, Trojans to the owner of the infected PC. and other Malware. Hackers also randomly ping computers connected to the Internet to detect their E-mail: [email protected] Firewalls presence and determine their protected A firewall creates a barrier between state. If the computer answers the ping, the your computer or network of computers hacker’s program knows there is a com- and the Internet and prevents unwanted puter connected to the Internet and it can intrusions. The firewall functions by mon- then attempt to penetrate it. The software itoring and filtering the packets of digital firewall can be configured to ignore the Brooklyn Books & Antiques data streaming between a computer and ping, thereby making your computer the Internet. There are two basic types of invisible to the hacker’s probe and causing firewalls for small offices and end users: it to continue its search for the presence of We are looking to buy Collections of hardware and software. If you have a connected computer. installed a wired or wireless router, then Another important feature of software old Books, and entire Estates. you have a hardware firewall. firewalls is that they also monitor applica- Do you need a software firewall if you tions that attempt to connect to the We buy Libraries of Books, Antique Furniture & Furnishings, are already using a router? Absolutely. A Internet, either directly or using another hardware firewall functions by masking or trusted application. When such an attempt cloaking your computer network at the occurs, the firewall allows the user to Autographs, Fine Art, Records, Old Magazines, Internet boundary. The router accomplish- either allow or deny the program access to es this by converting the public IP address the Internet. Photographs, Postcards, Posters, Old Toys. assigned to your computer by your The price for this level of protection is Internet Service Provider (ISP) to a sub- greater user involvement, at least initially, WE DO CLEAN-OUT SERVICES net of private IP addresses that are not in determining which applications are per- directly routable from the Internet. In sim- mitted to connect to the Internet. For trust- ple terms this means that another comput- ed applications, the user gives permission Please call 347-742-0134 E-mail:[email protected] er cannot establish a direct link to your PC once and thereafter the user is never again without being blocked by the router. (Continued on page 7) March 2009 / The New York County Lawyer 7 Free Programs - Newly Expanded PRACTICE OF LAW SERIES Programs led by experienced attorneys in informal settings to help you manage your practice.

Writing Retainer Agreements, Setting Fees and Writing Retainer Agreements, Setting Fees and What Judges Want You to Know April 23 Getting Paid (Part I) March 5 Getting Paid (Part III) March 26 Speaker: Jeffrey Kimmel Speaker: Martin L. Feinberg Speaker: Martin L. Feinberg An experienced trial attorney shares his insights. Get Legal, ethical and practical considerations when you Legal, ethical and practical considerations when you important tips on what judges expect during motion write your retainer agreements and set your fees. How to write your retainer agreements and set your fees. How to practice, preliminary conferences, pre-trial conferences, treat your clients so they want to pay you. treat your clients so they want to pay you. settlement conferences and the trial. Proper courtroom Keeping Your Firm’s Finances May 14 etiquette and behavior will also be discussed. Preparing a Trial Notebook April 30 Speaker: Richard Klass Speaker: Jeffrey M. Kimmel Discussion of various financial matters concerning start- What Every Lawyer Needs To Know About The Part Learn the basics of preparing a trial notebook, issuing ing and running your law practice, including taxes, 137 Fee Dispute Resolution Program June 11 subpoenas, jury selection, opening/closing statements insurance, bookkeeping, software, time recording and Speakers: Martin L. Feinberg and Heidi Leibowitz and direct/cross examination. Evidentiary issues, office systems. Your rights and responsibilities when your client dis- including in limine motions, demonstrative evidence and putes your fees and the law requires that you arbitrate. objections, will be discussed. Legal Ethics You Need to Know April 16 Speaker: Lewis Tesser Writing Retainer Agreements, Setting Fees and An inside look at the attorney disciplinary process. How FREE to NYCLA members Getting Paid (Part II) March 12 to avoid disciplinary complaints. How to respond to dis- LOCATION: Home of Law, 14 Vesey Street Speaker: Martin L. Feinberg ciplinary complaints. Professionalism and civility - not (between Church Street and Broadway). Legal, ethical and practical considerations when you as simple as it appears. TIME: 6:00-8:00 PM write your retainer agreements and set your fees. How to REGISTRATION: Please circle all programs you treat your clients so they want to pay you. Manage Your Relationships with Clients, Judges and wish to attend and fax this page to: Opposing Counsel, So That They Don't Manage You! 212-406-9252 or email: [email protected]. Trial Techniques for Beginners May 7 June 4 Speaker: Clyde Eisman Refreshments are provided. Speaker: Jeffrey M. Kimmel An analytical and practical approach to anticipate, be NAME ______Detailed discussions concerning trial strategy, witness prepared for, handle and avoid conflicts with other play- preparation, jury selection, opening/closing statements ers in the legal profession. Discussion of problems that PHONE ______and direct/cross examination. Hearsay objections and attorneys routinely face (including the "unexpected" EMAIL ______other evidentiary issues will be discussed. curveballs) and suggested resolutions. Attendance limit- NUMBER YEARS ADMITTED TO BAR ______ed to 20. Practice of Law Series’ Retainer Agreements: Getting Paid

By Leona Beane rules, statutes, cases, plus samples – and Conduct go into effect. Thus, a large por- the Practice of Law series. Please refer he’s a good speaker and sometimes also tion of Mr. Feinberg's materials will be to the program notice on this page. I I assume “Retainer Agreements” and humorous. The numerous applicable modified to incorporate the new Rules. If strongly recommend that any attorney “Getting Paid” are always topics of inter- rules that we all must be familiar with you have attended the program in the and, most particularly, the sole practi- est to lawyers, particularly advice on get- relating to retainer agreements, setting past, certainly make sure to attend the tioner (no matter how long you have ting paid. NYCLA offers programs on fees and getting paid are amazing. March series or thereafter to familiarize practiced law) attend the series. You will these topics for members, without charge! I thought, it’s a shame that many yourself with the new Rules. learn a great deal — useful tips and hints Yes, this is one of the great benefits of NYCLA members do not realize the There is another program in the on how to practice law and what to being a NYCLA member that many do not value of what they are missing — this is series relating to Part 137 of the Rules avoid. The information derived from know about. a free program in the Practice of Law of the Chief Judge on arbitration of these programs for the practicing attor- Over the past few years, I had seen list- Series and there truly was a great deal of attorney fee disputes. I attended it and, ney could certainly justify a fee being ings about an evening program on these useful information provided to members. even though I have been serving as an charged. But at NYCLA, they are topics; I knew the speaker, Martin L. A practicing lawyer for over 30 years, I arbitrator and mediator in NYCLA’s fee offered free to members. Feinberg. I assumed it was primarily for obtained useful information, sufficient dispute program for the past several years, There’s a saying, there’s no such thing the neophyte attorney and there would be for me to be interested in attending the I found it worthwhile. (In the current as a free lunch; well, at NYCLA, that nothing for me to learn. Well, I was second evening as well. When the pro- series, this program will be held on June statement is somewhat defied – these wrong. A few months ago, I happened to gram is offered this month, the two- 11.) Mr. Feinberg is a former chair of the free programs even provide coffee and see it listed and the evening was free on evening program will be expanded to Joint Committee on Fee Disputes and cookies! my calendar so I decided to reserve and three evenings (on March 5, 12 and 26), Conciliation, which, through NYCLA, attend. The evening turned out to be very providing the speaker the opportunity to administers Part 137 arbitrations and Ms. Beane is a member of several interesting as the speaker had a lot of spend more time on certain areas. Also, mediations for New York and Bronx NYCLA committees and was previously information to provide – several pages of as a reminder, as of April 1, 2009, the counties. chair of the Arbitration & ADR Committee written materials, including references to new New York Rules of Professional There are additional topics covered in for four years.

ware firewall. Like a router, it can also make basis, perhaps once a week. If possible, it Kaspersky Antivirus (www.kaspersky Safeguarding Computer Data your computer invisible to the Internet. is best to schedule such a sweep overnight .com) and ESET NOD32 Antivirus (Continued From Page 6) Windows XP and Vista come with built-in when the computer is not being used to (www.eset.com). In addition to high prompted to approve the application. There firewalls, but these are limited at best and avoid taxing the memory resources. detection scores, they do not consume a are also some applications that a user may not as reliable, particularly the XP firewall. AV software performs many of the lot of RAM memory when in background not want to “phone home” or connect to the ZoneAlarm (www.zonealarm.com) and functions of a software firewall, such as detection mode. These products and other Internet every time it is run and the user Comodo Firewall (www.comodo.com) are port filtering and program execution con- leading AV software are available in suite can deny permission accordingly. Every two of the best-rated software firewalls trol. But while firewalls concentrate on packages, which usually bundle firewall, approval or denial is reversible should the and are available in free versions for non- Internet traffic, AV software also provides AV and spyware applications in an inte- user change his or her mind. commercial use. detection of malware that is already on grated application. For free AV software, One additional benefit of using a per- your computer, even if it is not yet activat- consider Avira Antivir Personal Edition sonal firewall is that it allows the user Antivirus Software ed. For example, should you receive an (www.free-av.com) or Comodo Antivirus greater control over the handling of web Every computer should also have infected email attachment or download an (www.comodo.com), which are both well cookies and the display of ads in web antivirus (AV) software installed and its infected file, a good AV program should regarded. browsers. For example, I usually disallow virus definition files should be updated be able to detect and notify you of the mal- Next month, Part Two will focus on the acceptance of third-party cookies from regularly. Most leading vendors release ware before you open or execute the file. Spyware, Trojans and other Malware. the websites I visit. updates daily and their AV software can be Once detected, the AV program will Unlike a router, which provides protec- configured to automatically check for allow you to either quarantine the file or Mr. Soudatt is a software consultant and tion to all computers within the network, updates and install them without user delete it. Quarantined files cannot be exe- member of NYCLA’s Communications, software firewalls only protect the computer intervention. The software should also be cuted or opened and are therefore prevent- Cyberspace, Library, Minorities and the on which it is installed. If you are not using configured to perform a system scan ed from inflicting damage. Law and Solo and Small Firm Practice a router, you should definitely use a soft- (memory and hard drives) on a regular Two of the best-rated AV programs are Committees. 8 March 2009 / The New York County Lawyer Past Events At NYCLA

Black History Month Celebration: Ida B. Wells-Barnett Justice Award Presented to Gloria J. Browne-Marshall

In honor of Black History Month, NYCLA and the Metropolitan Black Bar Association (MBBA) hosted the seventh annual Ida B. Wells-Barnett Justice Award Reception on February 11 at the NYCLA Home of Law. The honoree, Gloria J. Browne-Marshall (second from left), author of Race, Law, and American Society: 1607 to the Present, is an associate professor of constitutional law at John Jay College of Criminal Justice. Also pictured (from left to right) are: Xavier Donaldson, president of MBBA; Hon. Pam Jackman-Brown, Civil Court judge and program chair; and Ann B. Lesk, NYCLA president. The award is named in honor of Ida B. Wells-Barnett, an African-American civil rights advocate who adamantly fought against segregation and in support of women's rights. Also pictured (above) is the Refining Faith Choir from Suffolk, Virginia, who sang at the event.

Pro Bono Elder Law Project Offers Criminal Justice Program on Estate Planning Section Examines Violation Pleas in Public Forum NYCLA’s Criminal Justice Section presented a public forum, "Are Violation Pleas A Necessary Evil?" on January 29, analyzing the call for a moratorium on all violation pleas in the New York City Criminal On December 11, NYCLA’s Pro Bono Following his presentation, volunteer attor- Court arraignment parts. Committee sponsored a Pro Bono Elder neys assisted attendees in the preparation of Ann B. Lesk (at left), Law program featuring Clifford A. health care proxies and answered inquiries NYCLA president, poses School of Law; Moderator tives and administrative Meirowitz (pictured far right), Meirowitz & regarding other advance directives. The with the panelists, who Michael J. Yavinsky, inter- judge of the New York Pellegrino, PLLC, chair of NYCLA’s Pro program was co-sponsored by the spoke to the standing- im judge of the New York City Criminal Court; Irwin Bono Elder Law Project and former chair of Association’s Elder Law Committee. Two room-only crowd. They City Civil Court assigned Shaw, attorney in charge, its Elder Law Committee. Mr. Meirowitz members of NYCLA’s Elder Law are (from left to right): to the New York City The Legal Aid Society's gave a presentation on filing such estate- Committee – Laurel Kallen (on the left) and Gary J. Galperin, deputy Criminal Court – New Criminal Defense Practice planning documents as powers of attorney, Beth Pocius (on the right) – answered ques- chief of the Trial Division York County and chair of – New York County; and living wills and health care proxies and tions posed by forum attendees following in charge of Criminal NYCLA’s Criminal Steven Zeidman, profes- advice on how to avoid guardianships. Mr. Meirowitz’s presentation. Court, District Attorney’s Justice Section; Hon. sor, CUNY School of Law Office – New York County Juanita Bing Newton, and director, CUNY and adjunct professor of deputy chief administra- School of Law’s Criminal NYCLA Hosts Book-Signing Reception for Centennial Book law, Benjamin N. Cardozo tive judge for justice initia- Defense Clinic. On January 21, NYCLA hosted a book-signing recep- Speed Networking Program a Huge Success! tion at the Home of Law for Edwin David Robertson, author of Brethren and Sisters of the Bar: A Centennial History of the New York County Lawyers’ Association, NYCLA’s 54th president and a partner at Cadwalader, Wickersham & Taft LLP. In chronicling NYCLA’s history, Mr. Robertson spoke about the panic of 1907, when, he noted, “More than two dozen local banks and trust companies suffered runs and NYCLA hosted its first Speed all facets of practice and made great failed.” He went on to say Instantly, NYCLA became Lesk, Centennial Committee Networking Program and Reception for professional and social connections that after February 1, 1908, the second largest bar asso- Chair Klaus Eppler, Hon. members on February 10. The event along the way. Pictured in the photo at when the New York Law ciation in the United States - Stephen G. Crane (ret.), was billed as “Find a mentor - Find a left (from left to right) are: David Journal published a notice - only the ABA had more chair of NYCLA’s History job - Find a date… and Celebrate Smith, Lauren Ellisberg, Brianna Drux soliciting membership, members.” Mr. Robertson Committee, and President Valentine’s Day early at NYCLA!” and Brent Vegliacicli. Pictured in the “Within six weeks more (in the middle), is pictured Elect and President of the With over 100 attorneys in attendance, photo at right (from left to right) are: than 2,500 lawyers in town with (from left to right): NYCLA Foundation James the lively group socialized and net- Patrick Mercurio, Beth Pocius and signed up for this place... NYCLA President Ann B. B. Kobak Jr. worked with members of the bar from Dmitriy Izaetskiy. March 2009 / The New York County Lawyer 9 In Honor Of Women’s History Month Meet NYCLA's Women's Rights Committee

NYCLA's Women's Rights Committee (WRC) recognizes and honors the achievements of individuals who have advanced the status of women in the profession and the world. Photos by Erika Silverstein - erikasilverstein.com

From left to right: Former WRC Co-Chairs WRC Co-Chairs Mollie E. O'Rourke, Marilyn Flood, General Counsel, NYCLA and Cadwalader, Wickersham & Taft Executive Director of the NYCLA Foundation, LLP (at left), and Susan L. Harper, Marcia Goffin and Hon. Richard Price Baritz & Colman LLP, who also chairs the Women in Law Strategies For almost 40 years, we have championed rights. for Success Series Subcommittee

We work to assure equal rights for women in the profession.

The New York County Lawyers' Association's Women's Rights Committee We have served the legal profession and greater community since 1972.

WRC Legislative Subcommittee Co-Chairs Minna Elias (at left), chief of staff, U.S. Congresswoman Carolyn B. Maloney, and Mollie E. From left to right: WRC Secretary Joana M. Lucashuk, O'Rourke, Cadwalader, Wicker- Chris M. Imperioli, Jonathan S. Katz, Shelly-Ann sham & Taft LLP. Maye and Krista L. Shoquist

We also work to assure equal We offer leadership, scholarship, professional develop- treatment of women. ment and connections to rising young attorneys.

To join the Women’s Rights Committee, log on to NYCLA’s members-only website and click on “Join a Committee.” 10 March 2009 / The New York County Lawyer Regulatory Roundup: January 2009 Chicago's Wind of Change

By Felix Shipkevich orders, discretionary trading, However, not all FX firms the bank. The bank will execute the order at the hedging feature, customer requote. Some either execute an the requested price and not at the prevailing Change seems to be a common theme in statements and independent order at the new available price gapped price. If FX firms fill client orders at Chicago this year. On Election Day, systems testing. Arguably, (thus slipping the client) or prices better than those they receive from a President-elect Barack Obama from the these proposals reflect the start alternatively reject an order bank, their capitalization could potentially be windy city showed he had successfully con- of the major regulatory over- entirely. The merit of either type at risk. Even following the higher capital vinced the American public he can foster the haul that whirled out of the of model is not an issue in these requirements introduced during reauthoriza- rebuilding of the recently handicapped reauthorization. U.S. regulators proposals. The regulators are tion, we must be mindful that multiple domestic financial markets. Similarly, sev- appear to be concerned about concerned that by requoting in instances of such examples might ultimately eral weeks ago, a hurricane of regulatory the lack of uniform regulations one direction, FX firms might result in undercapitalization. proposals aimed at building additional regu- between retail FX and the com- not allow clients the ability to FX firms had two weeks to respond to lation in the retail foreign exchange market modities and futures markets, which are pri- enter the market at a better price. The prac- these proposals, a period that seemed short spun out of Chicago, marily exchange-based industries. That is tice of requoting is a legitimate one used by to some of them. However, firms are even The wind of change towards greater regu- why the premise of these proposals largely FX firms both in the U.S. and abroad, and more concerned about being given the nec- lation in the U.S. began to pick up at the end echoes exchange-type rules. While similari- generally only occurs in response to fast essary time in which to implement any of 2008. Last winter, anticipating legislative ties exist between the exchange-based market conditions or market-depth consider- requirements that might be enacted into law. approval of the Commodities Futures futures and over the counter (OTC) FX, the ations on large orders. The proposed rules encompass a wide vari- Trading Commission Reauthorization, the business models available in the foreign Requoting is also one of the many tools ety of aspects of the FX business that are National Futures Association (NFA) sent a exchange industry do not resemble that of some FX firms can use to control their coun- highly dependent on the current technical team of analysts to study business opera- their exchange-based cousins. terparty risk. While a one-sided requote infrastructure, trading specifications and tions at foreign exchange (FX) firms. The To efficiently regulate the FX market, it is might not appear to be advantageous to a supporting platforms and trading systems aim of these educational visits was to learn important to understand the disparities client, its purpose is to fill a client's order at used. Any changes to the existing require- more about the effects of trading in retail FX between exchange and OTC business oper- the same rate that the firm gets from a count- ments would require substantial modifica- from a customer's point of view. After regu- ational models. Without properly addressing er party. Another proposed rule requires exe- tions to the trading systems and business lating the exchange-based futures industry the various types of OTC models, regula- cution of a limit order when an order is bet- models in use. The wind of change has for more than two decades, the NFA wanted tions cannot adequately provide safeguards ter than the requested price, particularly quickly turned into a small twister and one to better understand the dealing practices of for retail customers. For instance, one of the when there are market gaps. Banks that are that, many hope, will blow itself out in this over-the-counter FX transactions. This was proposed rules requires firms to requote in counterparties to FX firms, however, will not rapidly growing industry. the first time U.S.-based FX firms saw a two directions, both in favor and against the generally execute a limit order at a better proactive step towards regulation beyond client. Generally, FX firms might requote a price than requested. For an FX firm to off- Mr. Shipkevich, vice president and gener- promotional practices and financial require- client depending on the size of the order and set its risk on market gaps and limit orders, it al counsel of Capital Marketing Services, ments. volatility of the market, particularly when must do the same with its own counterparty LLC, chairs NYCLA’s Futures and The resulting set of proposals covers a the market moves in the opposite direction or bank. The firm will usually place an Derivatives Committee. This article was number of topics, including requotes, limit of an order. equivalent transaction to be executed with previously published in FX Week and E-FX.

instructions to the jury requested by the Periodicals parties and verdict summaries are includ- ed. Tables of cases, statutory references The Federal Common Law of Nations, and an index help locate information. Columbia Law Review, vol. 109 no. 1 (January 2009). Newly Updated The Promise and Peril of Corporate Governance Indices, Columbia Law LIBRARY NOTES Attorney Corporate Client Privilege, 3rd Review, vol. 108 no. 8 (December 2008). edition (Thomson West). 2009- 1 cumu- Protecting Status: The Mortgage Crisis, lative supplement. Eminent Domain and the Ethic of Bender’s Federal Practice Forms Homeownership, Fordham Law Review, (LexisNexis Matthew Bender). Release vol. 77 no. 3 (December 2008). no. 130. Space Pirates, Hitchhikers, Guides and Civil Rights Actions (LexisNexis the Public Interest: Transformational Matthew Bender). Release no. 46. Trademark Law in Cyberspace, Rutgers To make suggestions about book purchas- 2009 edition (Thomson West). Collier on Bankruptcy, 15th edition Law Review, vol. 60 no. 4 (Summer 2008). es, please contact Anna Smallen or Dan Legal Malpractice, 2009 edition (LexisNexis Matthew Bender). Release Special Masters and E-Discovery: The Jordan by email at [email protected] or (Thomson West). no. 79. Intersection of Two Recent Revisions to [email protected] or by phone at 212- Sarbanes-Oxley Act in Perspective, Couch on Insurance, 3rd edition the Federal Rules of Civil Procedure, 267-6646, ext. 204. 2008-2009 edition (Thomson West). (Thomson West). December 2008 supple- Cardozo Law Review, vol. 30 no. 2 . ment. (November 2008). Featured Internet Site New Title Defense of Speeding, Reckless Driving Supreme Court Law Clerks’ and Vehicular Homicide Cases Recollections of October Term 1951, Washington and Lee Law School New York Elements of an Action, by (LexisNexis Matthew Bender). Release including the Steel Seizure Cases, St. Current Law Journal Content Thomas P Meritt, is a new volume in no. 45. John’s Law Review, vol. 82 no. 4 (Fall (lawlib.wlu.edu/cljc/index.aspx/) This is West’s New York Practice Series. Mr. Entertainment Law: Legal Concepts and 2008). an easy-to-use index to the titles and Merritt, a New Hampshire attorney, wrote Business Practices, 3rd edition Symposium: District of Columbia v. abstracts of worldwide English language a similar book in the Connecticut Practice (Thomson West). Release no. 3. Heller, Syracuse University Law Review, law reviews, which the NYCLA Library Series. Some of the actions that are treated Folk on the Delaware General vol. 59 no. 2 (2008). offers on its public access terminals. It is include: False Imprisonment, Animal Corporation Law, 5th edition (Wolters Three Pictures of Contract: Duty Power also comprehensive with coverage dating Actions – Dog Bites, Contract Actions, Kluwer Law & Business: Aspen and the Compound Rule, New York from 2005 and covering 1436 journals. Abuse of Process, Government Tort Publishers). 2009- 1 supplement. University Law Review, vol. 83 no. 6 Search results can be filtered by country or Liability, Intentional or Negligent Jones on Evidence, 7th edition (December 2008). by topic and linked to the OCLC World Infliction of Mental Distress, Medical (Thomson West). 2009 pocket parts. Catalog, which shows the closest library Malpractice, Premises Liability, Products Law of Restitution (Wolters Kluwer Law Electronic Research Center CLE with the law review in its collection. The Liability and Wrongful Death/Survival. & Business: Aspen Publishers). 2009- 2 Programs NYCLA Library staff can help you obtain Each action is treated in a chapter that pro- cumulative supplements. the articles you need. The website helps vides research references and lays out the New York Civil Appellate Procedure you create a profile for yourself in order to elements, authority, remedies, Statute of (Thomson West). 2008-2009 pocket part March obtain subsequent articles on any topic. Limitations, defenses and a checklist for and CD-Rom. drafting a complaint. The forms section of New York Civil Practice: Matrimonial Wednesday, March 11 New Editions each chapter uses court documents from Actions (LexisNexis Matthew Bender). 10:30 - 11:30 AM high-profile trials as samples of com- Release no. 175. LEXIS: I Federal Sentencing Law and Practice, plaints and answers. Federal and state (Continued on page 15) March 2009 / The New York County Lawyer 11 Deconstructing the Bar Exam Do Your Best on Law School Exams FREE Program for NYCLA Members A FREE Program for NYCLA Members Non members pay $25 and receive a complimentary year of NYCLA Law Student Membership* Non members pay $25 and receive a complimentary year of NYCLA Law Student Membership* March 26, 2009 - 6:00 PM Home of Law, 14 Vesey Street March 12, 2009 - 6:00 PM (between Church Street and Broadway) NYCLA Home of Law, Speakers 14 Vesey Street Hon. Bryan R. Williams (between Church Street and Broadway) Member of the New York State Board of Law Examiners John Delaney, Esq. Eileen Shapiro, Senior Bar Examiner Author of How to Do Your Best on Law School Exams, Learning Legal Reasoning New York State Board of Law Examiners and Learning Criminal Law. A law professor for 30 years, Mr. Delaney taught at New James Shed, Secretary to the Committee on York University School of Law and New Character and Fitness, Appellate Division, First Department York Law School.

Mr. Delaney “pierces the obscurity, mystification and the ‘hide-the-ball’ teaching that is still practiced in so much of legal pedagogy. Many first-year YOU DON’T WANT TO MISS THIS PROGRAM! students do not know that law schools do not give college-type exams and • Learn specific techniques for increasing your essay scores therefore that college exam skills and LSAT skills are definitely not the skills • Learn how to avoid fatal mistakes they need to excel on law-school exams. They are also unaware that they • Learn how graders evaluate the essays are not systematically taught exam-taking skills in most law schools.” • Learn strategies for answering difficult questions • Learn what you should never, ever include in your essay answer NYCLA Members: RSVP to [email protected] or • Learn tips that may make the difference between passing and failing call Cindy at 212-267-6646, ext. 209 • Learn how the New York multiple-choice questions are constructed and how to *Non-Members complete form on this page. analyze them

NYCLA Members: RSVP to [email protected] or Activate Your Free Membership in the call Cindy at 212-267-6646, ext. 209. New York County Lawyers’ Association *Non-Members complete form on this page. Non-member law students attending either the Exam Prep or Deconstructing the Bar Exam Program receive a complimentary year of NYCLA membership. Simply com- plete the form below. Your membership will begin immediately. You can take advantage of free online “DON’T MISS THIS TERRIFIC PROGRAM; research in our Library, open committees and substantial member discounts at fitness IT MAY BE THE BEST $25 YOU EVER SPEND.” clubs, J&R, Staples, Brooks Brothers and much more.

MORE COMMENTS FROM PRIOR STUDENTS Please fax completed form with $25 program fee to 212-406-9252 or mail with your payment to NYCLA, 14 Vesey Street, New York, NY 10007. "Speakers were excellent.” Credit Card # ______“It was great to hear about the exam from a grader’s point of view.” Authorized Signature ______“Thank you for offering this opportunity to us. I felt much better prepared for the exam and the fitness committee's interview." Expiration Date______Check payable to NYCLA enclosed K “The overall program was excellent." Check Program: Deconstructing Bar Exam, Exam Prep or both programs "It gave me information I did not know previously.” March 12 K March 26 K Both Programs K "Thank you very much for the information concerning this program, I found it quite helpful AND most of all a bit comforting."

When asked if they would recommend the program to others, one student Name ______replied, "I already did." Address ______

Telephone ______Member News Email address ______Date of Birth ______Nelson Aviles, NYCLA Board member and attorney and agency disclosure offi- cer, New York City Department of Finance, has been appointed to the Housing Anticipated Admission Date NY Bar ______Court Advisory Council by Hon. Ann Pfau, Chief Administrative Judge, Office of Court Administration. Month/Year Admission Date Elsewhere ______David Kogelman, a member of NYCLA’s Election Law Committee, has been appointed Elections Committee Counsel for New York State Senator Joseph P. Law School ______Addabbo, Jr. Month/Year of Expected Graduation ______12 March 2009 / The New York County Lawyer

A number of early female members had slow pace of construction in our era. The assigned counsel in criminal cases. Book Review distinguished legal careers. Mary site was purchased in 1927, the corner- Because of space limitations, I have Quackenbos, who served on NYCLA’s stone was laid in December 1929 and, by been able to touch only on a few of the (Continued From Page 4) first Library Committee, was admitted to May 1930, Cass Gilbert’s building was many absorbing subjects in the book. Given the book’s title, Robertson’s sec- practice in 1904. In 1906, she became the officially dedicated by no less a personage Among others covered are: Prohibition, tion on Women in NYCLA could have first woman assistant U.S. attorney, than Judge Benjamin Cardozo (a former corporate abuse, military justice, and the been more extensive, but what he has assigned to investigate peonage and labor NYCLA vice president) and was open for Great Depression and its impact on the included is quite interesting. Unlike the contract abuses among newly arrived use by its members. Although designed in economics of the profession. I cannot Association of the Bar, NYCLA was immigrants. Later, she became a special an earlier age, the building functions beau- close, however, without commenting on inclusive from its inception, opening its assistant to the U.S. Attorney General, tifully today in virtually the same form as the abundant notes at the end of each chap- membership rolls and leadership positions prosecuting antitrust violations. Other Gilbert’s original design. ter. Robertson’s scholarship, which is so to women and minority members of the early members were active in The Legal The chapter headed “Representing the expansive, is not at all tedious. Tracking bar. Women were admitted to practice in Aid Society, the Southern District U.S. Unrepresented” traces NYCLA’s historic down original sources, including contem- New York in 1886, but in 1906, when Attorney’s office and as judges in the role in providing legal services, both civil porary newspaper articles about famous or Jessie Ashley applied for membership to Magistrates’ Court and Domestic and criminal, to the indigent. From its ear- notorious cases, Robertson has uncovered the Association of the Bar of the City of Relations Court. Robertson has an interest- liest days, NYCLA has been active and many amusing and sometimes improbable New York, she was rejected. Jessie Ashley ing story to tell about each one of them. influential in this area as a number of its connections to NYCLA. It is with evident became a charter member of NYCLA in The chapter on the design and construc- founding members were affiliated with glee that he sends the reader on fascinating 1908. The Association of the Bar did not tion of the Home of Law at 14 Vesey The Legal Aid Society and NYCLA was tangents far from the main text. admit women until 1937. Street is particularly fascinating given the an active fundraiser for that cause. In 1929, on the cusp of the Great Depression, Ms. Shapiro, a member of NYCLA’s NYCLA created a panel of volunteer attor- Communications, Federal Courts and Law neys who agreed to accept referrals of and Literature Committees, is an appellate indigent clients. More recently, in 2000, attorney and is also employed by the New NYCLA’s Centennial Book: NYCLA successfully sued the City and York State Board of Law Examiners as a Brethren and Sisters of the Bar State to raise hourly compensation for senior bar examiner. Brethren and Sisters of the Bar: A Centennial History of the New York County Lawyers’ Association, written by Member Benefit Edwin David Robertson, NYCLA’s 54th president (2006- 2007) and a partner at Cadwalader, Wickersham & Taft Crain’s New York LLP, has been published by Fordham University Press and NYCLA. The book recounts the Association’s rich and Business engrossing history in its 432 pages, complete with illustra- tions. It costs $24.95 for NYCLA members and $34.95 for Crain’s New York Business is pleased to offer FREE six-month subscriptions nonmembers. To order a copy of the book, go to to NYCLA members who are not current or recently expired subscribers. Crain’s www.nycla.org or purchase a copy at NYCLA’s Library. provides news, features and information about New York-area business people, The book recounts the Association’s rich and engrossing industries and companies. Offer valid for addresses in New York, New Jersey and history in its 432 pages, complete with illustrations. It costs Connecticut only. To take advantage of this special offer, please log on to $24.95 for NYCLA members; $34.95 for nonmembers. www.nycla.org and click on Benefits in the Members-Only section.

whether, instead of brief jail time or Message From The President more often simply a sentence of “time (Continued From Page 1) served,” our court interventions could be more meaningful, more finally dis- I personally have never before seen positive: whether we could take the such burdens placed on Family Court, opportunity to stop the deadly drum- emotional burdens and calendar bur- Printing beat of drugs, crime, jail, drugs, crime, dens, typically necessitating long court jail—offenders returning immediately days and long court delays—delays to their lawless behavior until the next that in child time are an eternity. No for the arrest. And in collaboration with law fair to the litigants, no fair to the courts. enforcement, prosecutors and defense, She announced a major effort to reor- agencies and service organizations— ganize child welfare proceedings in and even with the neighborhood—the Family Court, and extolled several initia- answer became a resounding yes. Profession tives concerning adoption. She then Judith Kaye’s legacy includes increas- moved on to initiatives in matrimonial lit- ing the visibility and influence of women igation, including pilot projects to provide in New York’s court system. One early mental health screening and assis- Presiding Justice, the Chief Administrative tance of social workers to litigants. quick printing Judge, and three of the four Deputy Chief Her announcement of the court system’s Administrative Judges are women. Chief foreclosure initiative again mingled empa- Judge Kaye’s structural initiatives have the letterhead - business cards thy for the homeowner-defendants and a potential of being an even greater legacy, regretful recognition of the economic and capable of changing the administration of forms - four-color work legal constraints on the extent of judicial justice across the country. remedies. fast turnaround Finally, her discussion of the Criminal Court focused on the “problem-solving 1 This includes Texas, where Hon. Sharon F. courts” that she has championed. There Keller is the Presiding Judge of the Court of [ Criminal Appeals of Texas, are now Community Courts, Mental 2 This includes Hon. Carmen Ciparick, who Health Courts, Domestic Violence Courts, became Acting Chief Judge on Judith Kaye’s retire- Sex Offender Courts, Youth Courts and ment; since then, Hon. Jonathan Lippman has Drug Courts. Her description of the first become Chief Judge. Community Court epitomizes her prag- 3 Turner, Robert. and Breslin, Beau. "The Impact of Female State Chief Judges on the Administration matic approach: of State Courts" Paper presented at the annual Our first venture into problem-solv- meeting of the American Political Science ing justice was in 1993, the Midtown Association, Philadelphia Marriott Hotel, Community Court, smack in the mid- Philadelphia, PA, Aug 27, 2003 . dle of Manhattan, aimed at partnering 2009-02-06 . with the neighborhood to address the 4 The majority comprised two men and two sort of repeat low-level criminal con- women. duct, often driven by drug addiction, 5 In re Marriage Cases, 43 Cal. 4th 757; 183 P.3d that corrodes the quality of life for 384; 76 Cal. Rptr. 3d 683; 2008 Cal. LEXIS 5247 (866) 867-9121 (May 15, 2008). everyone, and sends the offender on a 6 Kerrigan v. Comm’r of Public Health 289 downward spiral of worsening, more Conn. 135; 957 A.2d 407; 2008 Conn. LEXIS 385 threatening crime. We asked ourselves (Ct. October 28, 2008). March 2009 / The New York County Lawyer 13 Metropolitan Museum of Art Concert and Lecture Discounts

Saturday, March 21, at 7:00 PM - Brettl-Lieder; Berlioz—La mort d’ PHOTOGRAPHS Concerts Tickets are $24 (regularly $30) Ophélie and Zaïde; Brahms—Lieder Wednesday, March 11, at 6:00 PM - Ravel—Shéhérazade; Haydn—Arianna Tickets are $18 (regularly $23) a Naxos; Rachmaninoff—Songs, Opus 4 Lecturers: Malcolm Daniel, curator in NYCLA members receive a 20 percent ROBERT LONGO AND RHYS Montsalvatge—Cinco canciones negras; charge; Jeff L. Rosenheim, curator; discount to select concerts at the CHATHAM - The Pictures Songs of Bolcom and Rorem Douglas Eklund, associate curator Metropolitan Museum of Art on Fifth Generation, 1974-1984 Although an independent Department of Avenue and 81st Street. To purchase tick- Friday, April 24, at 6:00 PM - Tickets Photographs was established only in 1992, ets, call 212-570-3949. (You must men- ALEXEI VOLODIN, piano are $32 (regularly $40) the Metropolitan Museum has collected tion code NYCLA89 and provide your (Only New York recital) In a presentation of two seminal works photography as art since 1928, when Alfred NYCLA ID number to get the discount.) Thursday, March 26, at 8:00 PM - from the heyday of the downtown art and Stieglitz donated 22 of his works, including To order tickets online, go to www.met- Tickets are $36 (regularly $45) music scene of the late 1970s, Robert portraits of his wife Georgia O’Keeffe. During the intervening decades and espe- museum.org/tickets, register or log in with Bach—Partita No. 6 in E Minor; Longo will restage his groundbreak- cially since the mid-1980s, the photogra- the source code, then proceed to the event Rachmaninoff—Variations on a ing multimedia piece, Sound Theme by Corelli, Opus 42; phy collection has grown to encompass the on the C&L calendar. Concert tickets Distance of a Good Man full history of the medium, from its inven- Ravel—Miroirs; Stravinsky— include entrance to the museum galleries, (1978), and then join Rhys tion in the 1830s to the present day. including The Cloisters, on the day of the Three Movements from Chatham’s group (of which he ticketed event. Petrouchka was an original member) for a ROBERT LEHMAN performance of Chatham’s COLLECTION REN ZHANG, piano (Only New BOREALIS STRING Guitar Trio (1977) with Pictures Wednesday, March 18, at 6:00 PM - Tickets are $18 (regularly $23) York recital) QUARTET (Only New York for Music, the original slide projec- Lecturers: Laurence B. Kanter, Lionel Saturday, March 14, at 7:00 PM - recital) tion that Longo created in 1979 to accompany the piece. Goldfrank III, curator of Early European Tickets are $24 (regularly $30) Thursday, April 2, at 8:00 PM - Art, Yale University Art Gallery and cura- Haydn—Sonata in E Minor, Hob. Tickets are $36 (regularly $45) tor of the Robert Lehman Collection for 18 XVI:34; Chopin—Polonaise Fantaisie in Patricia Shih, violin; Yuel Yawney, vio- years, and Dita Amory, associate curator A flat Major, Opus 61; Waltzes in F lin; Nikita Pogrebnoy, viola; Shih-Lin Lectures in-charge minor, Opus 70, No. 3; in D flat Major, Chen, cello The Robert Lehman Collection, estab- Opus 64, No. 1; Moszkowski— NYCLA members receive a discount to lished as a curatorial department in 1975 Liebeswalzer, Opus 57, No. 5; Weber— KATE LINDSEY, mezzo-soprano, select lectures at the Metropolitan Museum following the completion of the Robert of Art on Fifth Avenue and 81st Street. To Invitation to the Dance; Schubert— Lehman Wing, represents one of the KEN NODA, piano (Only New York purchase tickets, call 212-570-3949. (You Marche Militaire most extraordinary private collections recital) must mention code NYCLA89 and provide ever assembled in the United States. Friday, April 3, at 7:00 PM - Tickets your NYCLA ID number to get the dis- Presented to the Metropolitan Museum TAMARA MUMFORD, mezzo- are $24 (regularly $30) count.) To order tickets online, go to by the Robert Lehman Foundation fol- soprano, KEN NODA, piano Rossini—La regata veneziana; www.metmuseum.org/tickets, register or lowing Mr. Lehman’s death in 1969, the (Only New York recital) Debussy—Fêtes galantes II; Schönberg— log in with the source code, then proceed to collection of nearly 3,000 works of art is the event on the C&L calendar. Lecture exceptional not only for the quality of tickets include entrance to the museum gal- its best and most famous works of art leries, including The Cloisters, on the day but also for the breadth and depth of its Ethics Hotline of the ticketed event. holdings. March 1-15 March 16-31 April 1-15 April 16-30 Christopher Murray Sarah Jo Hamilton Jason Sunshine James B. Kobak Jr. 718-250-1100 845-412-5011 212-872-7469 212-837-6757 NYCLA Members Questions to the Hotline are limited to an inquiring attorney’s prospective con- duct. The Hotline does not answer questions regarding past conduct, the con- Receive a 15% Discount duct of other attorneys, questions that are being litigated or before a disciplinary committee or ethics committee, or questions of law. This notation shall not be on Business Seminar construed to contain all Hotline guidelines. For a full discussion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’s Ethics Hotline,” Driving Incremental Revenue with Outstanding Service September 2006, New York County Lawyer, Vol. 2, No. 7. Wednesday, March 11, 4:00 - 9:00 PM Lighthouse International, 111 East 59th Street, Manhattan Cost is regularly $75. Enter code nycla1 to receive the 15 percent discount.

The event features highly acclaimed speaker and best-selling author, John New York County Lawyer DiJulius, also known as the authority on world-class customer experience. At this event, you will learn how to make simple changes to your business that will help: Deliver world-class customer service regardless of company size Editorial Policy Leverage customer service to result in repeat BUSINESS The Editorial Board of New York County Lawyer welcomes the submission of Make YOUR FEES irrelevant to your CLIENTS articles by members of the legal community for inclusion in this publication. Upcoming Programs Submissions will be edited and may not be returned to the writer for approval. The Accelerate Your Revenue with Online Marketing Editorial Board reserves the right to make the final decision regarding the suit- - Thursday, April 23 Best Practices in Business Development ability, content and form of all submissions and further reserves the right to incor- - Thursday, May 28 porate modifications and edits to same, without prior notice to the author or con- tributor. Materials accepted for publication are assumed to be original work prod- uct and shall not contain, in whole or in part, any infringing content unless appro- priate attribution and consents have been secured by the author or contributor prior to submission to the Editorial Board. Unless otherwise indicated, all views or opin- ions presented are solely those of the designated author(s) and do not necessarily represent those of the New York County Lawyers’ Association. Material(s) NYCLA members are eligible to receive a complimentary one-year subscription to The New York Enterprise Report accepted for publication shall appear in print and electronic formats and shall , a new magazine that features how-to articles become the property of the Association once posted or published and may not be written by experts for small and midsize business in the tri-state area. To subscribe, reprinted or otherwise utilized by any person or party absent the Editorial Board’s log on to www.nycla.org and click on Benefits in the Members-Only section. For expressed written consent. more information, visit nyreport.com/customerservice. 14 March 2009 / The New York County Lawyer regarding course availability, registration, Member: $125 Non-Member: $175 REPLAY--HOW TO PROTECT Message From Bari Chase speaker and program updates and the Registration Fee: (3/24 – 3/25) YOUR LAW LICENSE (Continued From Page 5) availability of course material for down- Member: $150 Non-Member: $200 2 MCLE Credits: 2 Ethics; load before the program. Non-Transitional in the Federal Criminal System. Now Thursday, March 26 6:00 – 9:00 PM Early Registration Fee: learn the nuts and bolts with From FROM ARRAIGNMENT TO (on or before 4/12) Arraignment to Trial in the Federal TRIAL IN THE FEDERAL Member: $95 Non-Member: $125 Criminal System on Thursday, March 26 CLE Programs CRIMINAL SYSTEM Registration Fee: (4/13 – 4/14) from 6:00-9:00 PM. Program Chair Mark 3 MCLE Credits: 1 Ethics; 2 Professional Member: $120 Non-Member: $150 B. Rosen, professor, John Jay College of March Practice; Transitional and Criminal Justice, and program co-sponsor, Tuesday, March 10 6:00 – 8:00 PM Non-Transitional Friday, April 17 9:00 – 11:30 AM; NYCLA’s Criminal Justice Section, have SAVING THE DISTRESSED HOME- Early Registration Fee: 12:30 – 2:30 PM assembled a distinguished panel, includ- OWNER (on or before 3/24) VR MARATHON: DRAFTING BASIC ing: Marc Agnifilo, Brafman & 2 MCLE Credits: 1 Skills; 1 Professional Member: $125 Non-Member: $175 TESTAMENTARY DOCUMENTS & Associates, P.C.; James Glasser, Wiggin Practice; Transitional and Registration Fee: (3/25 – 3/26) ADVANCE DIRECTIVES and Dana; and Professor Nelson Tebbe, Non-Transitional Member: $150 Non-Member: $200 5 MCLE Credits: 1 Ethics; 2 Skills; 2 Brooklyn Law School, to walk you Early Registration Fee: Law Office Staff: $35 Professional Practice; Non-Transitional through the process. Learn some of the (on or before 3/8) Early Registration Fee: alternatives to prosecution, the role of the Member: $50 Non-Member: $75 Friday, March 27 8:30 – 11:00 AM (on or before 4/15) defense counsel at the grand jury stage, Registration Fee: (3/9 – 3/10) BREAKFAST WITH NYCLA: VIDEO Member: $125 Non-Member: $150 pre-trial discovery, pretrial motions and Member: $75 Non-Member: $100 REPLAY-CONFRONTING ETHICAL Registration Fee: (4/16 – 4/17) defense motions, pleas and plea procedure, ISSUES IN LITIGATION Member: $150 Non-Member: $175 guilty plea agreements, ethical issues aris- Thursday, March 12 6:00 – 9:00 PM 2.5 MCLE Credits: 2.5 Ethics; ing in defense of a client that you may BANKRUPTCY CRIME Non-Transitional Wednesday, April 22 6:00 – 9:00 PM never have thought about and how to avoid 3 MCLE Credits: 1 Ethics; 2 Professional Early Registration Fee: NYCLA ETHICS INSTITUTE: becoming a defendant. Practice; Transitional and (on or before 3/25) CORPORATE COUNSEL’S GUIDE Rounding out March, join the publisher Non-Transitional Member: $195 Non-Member: $125 TO THE NEW DISCIPLINARY of the Asset Search Blog, Fred Abrams, as Early Registration Fee: Registration Fee: (3/26 – 3/27) RULES he presents Show Me The Money: (on or before 3/10) Member: $120 Non-Member: $150 3 MCLE Credits: 3 Ethics; Transitional Hidden Assets, Madoff Securities and Member: $125 Non-Member: $175 and Non-Transitional Other Famous Frauds, on Monday, Registration Fee: (3/11 – 3/12) Early Registration Fee: March 30 from 6:00-9:00 PM. Zhenli Ye Member: $150 Non-Member: $200 Monday, March 30 6:00 – 9:00 PM (on or before 4/20) Gon hid over $207 million cash in various SHOW ME THE MONEY: HIDDEN Member: $125 Non-Member: $175 compartments, suitcases, closets and false Tuesday, March 17 6:00 – 9:00 PM ASSETS, MADOFF SECURITIES Registration Fee: (4/21 – 4/22) walls in his Mexico City home. Walter AND OTHER FAMOUS FRAUDS NYCLA ETHICS INSTITUTE: THE Member: $150 Non-Member: $200 Andersen concealed $365 million in NEW DISCIPLINARY RULES 3 MCLE Credits: 1 Ethics; 2 Professional income by using bearer-share stock certifi- 3 MCLE Credits: 3 Ethics; Transitional Practice; Transitional and Thursday, April 23 and Friday, cates and shell companies. Former UBS and Non-Transitional Non-Transitional April 24 9:00 AM – 5:00 PM banker Stanley Birkenfeld hid assets by Early Registration Fee: Early Registration Fee: CRIMINAL TRIAL ADVOCACY smuggling diamonds in a tube of tooth- (on or before 3/15) (on or before 3/28) INSTITUTE: CRIMINAL DEFENSE paste as an airline passenger at Swiss-U.S. Member: $125 Non-Member: $175 Member: $100 Non-Member: $150 PRACTICE, LEARNING THE border crossings. Now, government Registration Fee: (3/16 – 3/17) Registration Fee: (3/29 – 3/30) BASICS authorities and others are following the Member: $150 Non-Member: $200 Member: $125 Non-Member: $175 16 MCLE Credits: 3 Ethics; 2 Law money trail of Bernard Madoff's $50 bil- Practice Management; 6 Skills; 5 lion Ponzi scheme, hoping to interdict any Friday, March 20 8:30 – 11:30 AM Professional Practice; Transitional and illicit assets he may have concealed. This BREAKFAST WITH NYCLA: VIDEO April Non-Transitional program discusses some of the red flags REPLAY-CONFRONTING ETHICAL Early Registration Fee: (on or before of asset concealment, especially those off- ISSUES IN CRIMINAL LAW Thursday, April 2 9:00 AM – 5:00 PM 4/21) shore. Through its course book and 3 MCLE Credits: 3 Ethics; A DAY OF EVIDENCE Member: $150 Non-Member: $250 PowerPoint presentation, Mr. Abrams Non-Transitional 7.5 MCLE Credits: 2 Ethics; 3 Skills; 2.5 Registration Fee: (4/22 – 4/23) explains how criminal proceeds or pro- Early Registration Fee: Professional Practice; Transitional and Member: $175 Non-Member: $275 bate, marital, bankruptcy estate and other (on or before 3/18) Non-Transitional Law Office Staff: $35 assets may be hidden "under the radar" Member: $95 Non-Member: $125 Early Registration Fee: through multiple jurisdictions, foreign Registration Fee: (3/19 – 3/20) (on or before 3/31) Monday, April 27 6:00 – 9:00 PM bank accounts and agents or nominees. He Member: $120 Non-Member: $150 Member: $175 Non-Member: $225 VIDEO REPLAY: HANDLING YOUR also describes how private litigants may be Wednesday, March 25 6:00 – 9:00 PM Registration Fee: (4/1 – 4/2) FIRST APPEAL able to use discovery/forced collection EMPLOYMENT DISCRIMINATION: Member: $200 Non-Member: $250 3 MCLE Credits: 1 Professional Practice; proceedings to recover such assets that A CRITICAL LOOK AT THE KEY Law Office Staff:$35 2 Skills; Non-Transitional have been concealed during a financial ISSUES FROM BOTH SIDES Early Registration Fee: (on or before fraud. 3 MCLE Credits: 1 Ethics; 2 Professional Friday, April 3 and Saturday, 4/25) All classes are held at NYCLA, 14 Practice; Transitional and April 4 9:00 AM – 5:00 PM Member: $95 Non-Member: $125 Vesey Street, 2nd floor, unless otherwise Non-Transitional BRIDGE THE GAP 1 - A PROGRAM Registration Fee: (4/26 – 4/27) noted. Please check our website, Early Registration Fee: FOR THE NEWLY ADMITTED Member: $120 Non-Member: $150 www.nycla.org, for announcements (on or before 3/23) ATTORNEY 16 MCLE Credits: 3 Ethics; 2 Law Tuesday, April 28 9:00 AM – 12:30 Practice Management; 5 Professional PM Supreme Court Committee Practice; 6 Skills; Transitional and SETTLING CASES IN AND OUT OF Non-Transitional HOUSING COURT Hosts Hon. David B. Saxe Full Program: (on or before 4/2) 3.5 MCLE Credits: 2 Skills; 1.5 Member: $255 Non-Member: $355 Professional Practice; Transitional and vided his insights into what "collegiality" Full Program: (4/3 – 4/4) Non-Transitional means. He highlighted certain virtues Member: $280 Non-Member: $380 Early Registration Fee: (on or before needed to have a fuctioning and success- Single Session: Member: $175 4/26) ful court - civility, self restraint and a Non-Member: $275 Member: $75 Non-Member: $135 common interest in getting the law right, Registration Fee: (4/27 – 4/28) and the ability to persuade, to listen and Monday, April 6 6:00 – 9:00 PM Member: $100 Non-Member: $160 be persuaded. Justice Saxe cited THE ART OF WRITTEN Non-Attorney (No CLE credit): $35 Llewellyn's quote – “the Dissent rides PERSUASION herd on the majority." Conversely, atten- 3 MCLE Credits: 3 Skills; Transitional Thursday, April 30 6:00 – 9:00 PM dees were advised that a concurrence is and Non-Transitional FORMING THE NEW YORK mere vanity. Pictured with Justice Saxe Early Registration Fee: LIMITED LIABILITY COMPANY were the committee co-chairs – Thomas (on or before 4/4) 3 MCLE Credits: 1 Skills; 2 Professional On November 25, Hon. David B. Saxe M. Smith (at left) and Morrell I. Member: $125 Non-Member: $175 Practice; Transitional and (pictured in the middle), Appellate Berkowitz (on the right). Registration Fee: (4/5 – 4/6) Non-Transitional Division, First Department, spoke at [Due to a production error, the com- Member: $150 Non-Member: $200 Early Registration Fee: (on or before 4/28) NYCLA’s Supreme Court Committee’s plete caption did not appear in the Member: $125 Non-Member: $175 meeting. Justice Saxe discussed the oper- Jan/Feb ’09 issue; therefore, it is being Tuesday, April 14 8:30 - 10:30 AM Registration Fee: (4/29 – 4/30) ations of the Appellate Division and pro- reprinted in full.] BREAKFAST WITH NYCLA: VIDEO Member: $150 Non-Member: $200 March 2009 / The New York County Lawyer 15 SERVICE DIRECTORY

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Young Lawyers’ Section’s “In-Chambers” Program Directions to NYCLA NYCLA’s Young Lawyers’ Section has an “In-Chambers” lunch program on Tuesday, April 21 from 12:30-2:00 PM, where participants bring their lunch to the judge’s cham- NYCLA is located at 14 Vesey Street between Broadway and Church Street, across bers. The event will take place at 500 Pearl Street and the participating judge is Hon. the street from St. Paul’s Chapel. By Subway: 2 or 3 to Park Place; A, C or E to Chambers Street; 4, 5 or M to Fulton Henry Pitman, Chief Magistrate Judge of the Southern District of New York. As Street. always, space is limited. If you are interested in attending, email Jeffrey M. Kimmel, By Bus: M103 to City Hall; M1 or M6 to Fulton Street co-chair, Young Lawyers’ Section, at [email protected].

1 MCLE Credit: 1 Skills; Transitional 10:00AM-12:30PM Member: Free Non-Member: Free CLE Tech Member: Free Non-Member: Free BANKRUPTCY COURT (Continued From Page 10) ELECTRONIC CASE FILING Thursday, April 30 SYSTEM 1:30 PM - 2:30 PM 1 MCLE Credit: 1 Skills; Transitional April 2.5 MCLE Credits: 2.5 Skills; WESTLAW: BASIC Member: Free Non-Member: Free Transitional 1 MCLE Credit: 1 Skills; Transitional Monday, April 6 Member: $65 Non-Member: $85 Member: Free Non-Member: Free Wednesday, March 11 10:00 - 11:00 AM Non-legal Staff: $35 12:00 - 1:00 PM WESTLAW: ADVANCED LEXIS: TRUSTS & ESTATES 1 MCLE Credit: 1 Skills; Transitional Thursday, April 16 Thursday, April 30 1 MCLE Credit: 1 Skills; Transitional Member: Free Non-Member: Free 11:00AM-12:15PM 3:00 PM - 4:00 PM Member: Free Non-Member: Free BLOOMBERG PROFESSIONAL: WESTLAW: ENTERTAINMENT LAW Monday, April 6 INTRODUCTORY CLASS 1 MCLE Credit: 1 Skills; Transitional Wednesday, March 11 11:30 AM- 12:30 PM 1.5 MCLE Credits: 1 Skills; .5 Law Member: Free Non-Member: Free 1:30 - 2:30 PM WESTLAW: LITIGATION Practice Management; Transitional LEXIS: NEWS & PUBLIC RECORDS RESEARCH 1 MCLE Credit: 1 Skills; Transitional 1 MCLE Credit: 1 Skills; Transitional Member: Free Non-Member: Free Member: Free Non-Member: Free Substance Abuse Hotline Wednesday, March 18 Wednesday, April 8 Attorneys, judges, law students and members of their immediate families can get 10:00AM-12:30PM 10:30-11:30AM confidential help with alcohol or substance-abuse problems 24 hours a day, seven BANKRUPTCY COURT LEXIS: II days a week, by calling the toll-free hotline - 800-255-0569. ELECTRONIC CASE FILING 1 MCLE Credit: 1 Skills; Transitional SYSTEM Member: Free Non-Member: Free 2.5 MCLE Credits: 2.5 Skills; Transitional Wednesday, April 8 Member: $65 Non-member: $85 12:00-1:00PM Library Notice Non-legal Staff: $35 LEXIS: SECURITIES 1 MCLE Credit: 1 Skills; Transitional The Library would like to remind you through our fee-based service pro- Thursday, March 27 Member: Free Non-Member: Free NYCLA members that onsite use of gram whether you are offsite or onsite. 1:30 PM - 2:30 PM Wednesday, April 8 Bloomberg Law, Lexis and Westlaw is Our resources, books, periodicals, WESTLAW: BASIC 1:30-2:30PM available during all hours of Library records and briefs and the New York 1 MCLE Credit: 1 Skills; Transitional LEXIS: COMPANY AND operation. We have a flat-rate contract State and City administrative materials Member: Free Non-Member: Free FINANCIAL INFORMATION for patron usage so there is no charge for are called upon daily to meet the infor- Thursday, March 27 1 MCLE Credit: 1 Skills; Transitional your onsite use. mation needs of the legal profession 3:00 PM - 4:00 PM Member: Free Non-Member: Free NYCLA’s librarians have access to (members and nonmembers) in New WESTLAW: BANKRUPTCY additional resources through Lexis, York, the country and around the world. RESEARCH Wednesday, April 15 Westlaw and other sources and can assist Contact us at: [email protected]. 16 March 2009 / The New York County Lawyer Picture yourself in front of 27,000 New York lawyers.

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