A Big Bar for a Small World in This Issue… PATRICIA M

March 2009 | VOL.24, NO.3

A Big Bar for a Small World in this issue… PATRICIA M. HYNES, President Mayoral Control of the New York City Schools Supporting persecuted lawyers and judges in Pakistan; curbing gender-related March 11th violence in Rwanda; defending the right to counsel in China and India; page 6 educating U.S. lawyers on Islamic law; encouraging the development of young commercial lawyers in South Africa; identifying implications of global warming Everything You Wanted legislation for international trade: these are just some of the recent activities the to Know About Becoming City Bar has undertaken around the world. While we are the New York City an Assistant United States Bar, we have always taken a world view of the role of the Association. Much of Attorney but Were Afraid this stems from the extensive involvement of our members in international and to Ask global law practice, but we also hold a core belief in the importance of assuring that the rule of law March 23rd and basic human rights are established around the world. page 7 Having long understood that the world is indeed small and that injustices, no matter where, should not be tolerated, the City Bar has taken the lead in a number of areas to bring together lawyers from Immigration Remedies for Immigrant Children around the world to explore and address common concerns. The largest international group of lawyers, March 31st the International Bar Association, was founded in our building in 1947. Over a half-century later, in 2001, we convened the first conference of leaders from bar associations of the world’s major cities. page 9 That group has been meeting ever since. Credit Derivatives & Bankruptcy The Association has a special consultative status at the UN through the United Nations Economic Law: What the Securities, and Social Council (ECOSOC), which involves us in many of the major world conferences hosted Finance & Bankruptcy continued on p.2 Practitioner Needs to Know – CLE March 10th page 12 City Bar International Immigrant Justice

42nd Annual UCC Institute— Over the past several months, the City Bar has Program Expanded UCC Practice Update: been involved in a number of international Latest on Secured activities. As always, the activities are varied Thanks to the Fragomen Fellow program, the Transactions, Subprime and reflect the interests of our many commit- City Bar Justice Center has been able to expand Meltdown Developments tees and programs. The following is just a the scope of its Immigrant Justice program & Much More – CLE exponentially over the past two years. And the March 25th, 26th, 27th sampling of what we have been doing in the good news for the Justice Center and its clients page 12 international arena. is that the firm of Fragomen, Del Rey, Bernsen Reports and Letters and Loewy, LLP has committed to the third As usual, our Committee on International year, and third Fellow, of the program. Human Rights (chaired by Mark Shulman) In contrast to many fellowships that are staffed has been diligent in identifying and responding by first-year attorneys, Fragomen Fellows are continued on p.17 continued on p.2 Contents A Big Bar for a Small World: continued from p.1 by the UN, and we’re pleased to host an annual and we also have committees that focus on A Big Bar for a Small World 1 reception of legal advisers to member states particular regions and on issues, such as City Bar International 1 of the United Nations and UN legal staff. immigration and military affairs, that have We are also active in the Union Internationale major international aspects. These committees Immigrant Justice des Avocats, the other major international provide opportunities to hundreds of members Program Expanded 1 lawyer organization. who want to become involved in our interna- City Bar Events 5 At least 15 City Bar committees have a primary tional efforts. Calendars 10 focus on international issues, including the The accompanying article (starting on the cover Council on International Affairs, chaired by and continuing on page 17) provides a snapshot CLE Courses 12 Michael Byowitz, which coordinates the work of international activities we have undertaken in this area. Our committees address interna- in the last several months, to give you a sense Committee Reports 18 tional law, trade, security and human rights, of the Association’s global involvement. March 2009 CLE Registration Form 19

Thurgood Marshall Immigrant Justice Program Expanded: continued from p.1 Summer Law Internship experienced associates from a leading In her latest endeavor, Reichard is leading the Program Employers immigration law firm. The program kicked Justice Center’s collaboration with The Legal Make the Difference back page off in 2007 with an eight-month stint by its Aid Society, AILA, several New York law schools Upcoming Career first fellow and has been on a roll ever since. and a half dozen prominent New York City law Development & Austin T. Fragomen, the firm’s name partner firms on the New York City Know Your Rights Networking Events back page and Vice President of the City Bar Justice Project to provide immigration legal assistance Center, is credited with creating the fellow- to detainees at the Varick Street Detention ship and endowing it with its mission to assist Center in Manhattan. Since December 2008, low income immigrants. teams of volunteer attorneys have been trained With the fellowship increased to a full year, by the Justice Center to conduct screenings and 44th Street Notes Elizabeth (Libby) Reichard hit the ground intakes at the facility to determine whether immigration relief is available to detainees. Editor running in February 2008 by expanding the Eric Friedman Justice Center’s Immigrant Outreach Project, When appropriate, they have been able to make Associate Editor referrals to pro bono and other counsel. Christina Bruno a collaboration with community-based Graphic Design organizations, including the South Queens Of the past year, Reichard said, “Hands Curio Design LLC Boys and Girls Club, Children’s Aid Society down, this is the best experience I’ve had in Marketing Director Adele Lemlek and The Legal Aid Society. The Project my professional career. I am extremely grateful

Advertising organizes legal clinics, presentations and to Austin Fragomen for creating this fellowship, Alison Fidler 212.382.6753 workshops to provide accurate information which has allowed me to provide the types Daniel Seid 212.382.4742 about immigrant rights and options, as well of legal services that drew me to immigration Executive Director Barbara Berger Opotowsky as assistance in the preparation of naturaliza- law in the first place. My knowledge base has 44th Street Notes (ISSN 10791019) tion applications. With Reichard’s network expanded significantly, and I look forward to is published monthly except July and August for $25 per year by The Association of the of connections and her membership in the bringing my new contacts and legal expertise Bar of the City of New York, 42 West 44th American Immigration Lawyers Association back to the firm.” Street, New York, NY 10036-6604. Periodicals (AILA), the Justice Center has been able to postage paid at New York, NY. Postmaster: Lynn Kelly, Executive Director of the City Bar Send address changes to 44th Street Notes, recruit immigration attorneys able to 42 West 44th Street, New York, NY Justice Center, said, “The Fragomen Fellowship 10036-6604. For subscription information, provide the highest quality of consultations is one of our strongest efforts in creating please call 212.382.6656. and services. This publication is printed with soy-based partnerships between the public and private environmentally friendly inks on Over the course of the year, Reichard’s legal communities. As we train business 50# paperfect, which is produced from command of complex immigration issues has immigration attorneys to do human rights pro renewable resources, such as eucalyptus leaves, that have little or no negative allowed the Justice Center to significantly bono work, we are creating synergies within impact on forests, and is approved by increase its caseload. She has handled, the immigration law community that rarely The Forest Stewardship Council and the assisted with and/or mentored pro bono interact otherwise and increasing access to Rainforest Alliance NYC Bar Members: attorneys on more than fifty cases in the justice for clients.” To change your address, please contact Justice Center’s Immigrant Women and Reichard’s fellowship will end in April, when 212.382.6665 or [email protected]. Children and Refugee Assistance Projects. www.nycbar.org she will pass the baton to the next Fellow, Kiera LoBreglio.

2 | 44th Street notes | march 2009 www.nycbar.org New Library Hours Beginning March 7, 2009, the New York City Bar Library will no longer be open on Saturdays. Library attendance on Saturday has declined significantly over the years, with very few members now using the Library on that day. As we’re sure you can appreciate, in today’s challenging economic climate we have to be particularly sensitive to how we use our membership dues. The Library is usually the only service that is operating at the Association on Saturdays, and to keep the Library open we incur operational costs, such as building staff and utilities, in addition to library staff. We are truly sorry that we cannot continue to provide you with Saturday service, and will keep working to increase the resources of the Library available to you here at the Association and from your office and home, including remote services like Hein Online, LLMC digital database, real estate forms and Westlaw forms. We hope that you continue to find the Library, during its hours of operation from 9 a.m. to 9 p.m. Monday through Thursday, © 2009 Leo Cullum from cartoonbank.com. All Rights Reserved. and from 9 a.m. to 7 p.m. on Friday, a valuable resource for your practice.

www.nycbar.org March 2009 | 44th Street notes | 3 March 2009 Registration Form

How the Current Economy will Affect Recent Law Name Number of Reservations Graduates in 2009 2 Monday Company The fee is $15 for members, $25 for non-members Address Litigating in the Appellate Division, First Department 5 Thursday City State Zip The fee, which includes breakfast, is $10 for members, $15 for non-members Phone

Small Law Firm Luncheon Email 19 Thursday

The fee, which includes lunch, is $25 for members, Total Enclosed $ $35 for non-members Please charge to my: Mastercard Visa American Express Online Social Networking for Lawyers 24 Tuesday Card Number Exp. Date The fee is $15 for members, $25 for non-members

Recent Developments in Trademark Law Signature 26 Thursday Please return this form to: Meeting Services, New York City Bar, 42 West 44th Street, The fee, which includes breakfast, is $15 for members, New York, NY 10036-6604. Please make checks payable to the Association of the Bar. If registering for additional persons, duplicate this form. $25 for non-members

4 | 44th Street notes | March 2009 www.nycbar.org CITY BAR EVENTS

Unless otherwise noted, pro- Litigating in the Appellate and the issues that it considers. A few of grams are free of charge; open Division, First Department the international judges will make brief to all members, their guests and remarks related to the more formal the general public; and held at 5 Thursday, 8 AM – 9 AM presentations they will have made at the the House of the Association. UN. This year’s theme is “The equal Program information is subject A panel discussion among experts from sharing of responsibilities between women to change. Please check our the Bench and Bar who sit and practice in and men, including caregiving in the website at www.nycbar.org for the Appellate Division, First Department context of HIV/AIDS.” There will be a the latest program information. about the procedures in the Appellate wine and cheese reception. Division and how best to navigate your Co-sponsored by: way when practicing there. Brooklyn Women’s Bar Association, Moderator: National Association of Women Judges, How the Current Economy David Sculnick, Solo Practitioner New York County Lawyers Association will Affect Recent Law School Women’s Rights Committee, and the Speakers: New York Association of Lesbian and Graduates in 2009 Hon. Karla Moskowitz, Supreme Court Gay Judges Justice, Appellate Division, First Depart- 2 Monday, 6 PM ment; Lisa Sokoloff, Fabiani Cohen & Hall, LLP; Brian Isaac, Pollack Pollack Has the current economy left you worried Isaac & DeCicco, LLP New York Beer at the and wondering: If I have a job or job offer Registration is necessary. The fee, which New York City Bar now, how do I keep it? What do I do if includes breakfast, is $10 for members, Young Lawyers Connect – an employer has rescinded my job offer? $15 for non-members. Please register online First Thursdays Series If I don’t yet have a job, how can I best at www.nycbar.org position myself in this market? Is there 5 Thursday, 6:30 PM – 8:30 PM anything I can do to enhance my skill set while I am still searching for a job? International Women’s Day and You’re tired of the same old beer options, What other challenges should I expect the UN’s Meeting on the Status and that home brewery experiment didn’t to encounter during my job search? work out so well? Luckily, the New York of Women City Bar has invited some of the best local Come hear our panel of experts answer breweries to the Association for a night of 5 Thursday, 6:30 PM – 8 PM these and more questions, so that you beer sampling. Mingle with other young can develop your own action plan to A committee of judges from the Interna- professionals while tasting the finest beer keep you afloat and motivated in this New York has to offer and enjoy light volatile economy. tional Association of Women Judges, the National Association of Women Judges and hors d’oeuvres. We will not be able to offer Speakers: their local New York area and New Jersey refunds. Please sign up only if you are Jill Backer, Associate Director for Employer chapters is hosting a reception for the ready for New York’s best beer. Relations, Brooklyn Law School Career Center; Jessica Silverstein, Recruitment international judges who will be attending Featuring: Coordinator, Strategic Legal Solutions; the United Nations Commission on the Brewery Ommegang, Brooklyn Brewery, Michele Moorman, Manager of Profes- Status of Women session and local mem- Coney Island Lager, Harlem Brewing sional Development, White & Case LLP bers of the bench and bar. We see the Company, Heartland Brewery, He’Brew The Chosen Beer, Lake Placid Craft Registration is necessary. The fee is $15 for reception as an opportunity to introduce Brewing and Olde Saratoga Brewing members, $25 for non-members. Please register our international colleagues from IAWJ to Company online at www.nycbar.org members of the New York-New Jersey area bench and bar, and to expose local judges The fee is $25 for members, $50 for non-members. Please register online at and lawyers to the work of the Commission www.nycbar.org or call 212.382.4723.

www.nycbar.org march 2009 | 44th Street notes | 5 Friday Evening Chamber Music Registration is necessary. The fee for each State Legislature is considering its program is $15 for members, $25 for reenactment amid a nationwide debate 6 Friday, 6 PM non-members. Please register online at regarding effective strategies for closing www.nycbar.org the achievement gap in urban schools. Program to include Erno Dohnanyi’s Third This forum will examine the issues and String Quartet in A minor, Op. 33 controversies concerning New York City’s (violinists Clare Detko and Laura Chang, Policing the Fast Food Nation– experience with mayoral control. violist Wendy Keyes, cellist Irene Ten Nanny State or Public Good? Moderator: Cate), Gabriel Faure’s C minor piano Marcia Kramer, Chief Political quartet (violinist Gabriela Klassen, violist 10 Tuesday, 6 PM – 8 PM Correspondent, WCBS-TV Margot Cohn, cellist Timothy Carter, pianist Robert Terrel Bledsoe), and Franz Diabetes, heart disease and obesity are Speakers: Christopher D. Cerf, Deputy Chancellor, Schubert’s C minor Quartet Satz (Ms. epidemic. In response, New York City has New York City Department of Education; Klassen, Ms. Cohn, Mr. Carter, and mandated calorie posting and banned Hon. Catherine T. Nolan, Member of violinist Dan Hyman). trans fat, and Los Angeles has prohibited Assembly, Chair, New York State Assembly’s Suggested donation is $10 at the door. new fast food restaurants from opening Committee on Education; Diane Ravitch, For more information, please e-mail in poor neighborhoods. How to balance Research Professor of Education, New York [email protected]. public health and individual freedoms? University, Author of The Great School Wars, Experts will discuss and debate these and A History of The New York City Public Schools; Joe Williams, other potential local initiatives to regulate Executive Director of Democrats for Education Reform, Author the fast food industry. Career Resources for Lawyers to of Cheating Our Kids Moderator: Navigate the Current Economy Co-sponsored by: Thomas Merrill, General Counsel, League of Women Voters of the New York City Department of Health Finding a Job in a Down Economy City of New York (part 1 of 2) and Mental Hygiene Speakers: Please register online at www.nycbar.org 9 Monday, 6 PM – 8 PM Jennifer Pomeranz, Director of Legal Initiatives, Rudd Center for Food Policy and With the current state of the economy, Obesity, Yale University; Lynn Silver, MD, Break from the Law: A City many lawyers are looking for—or fear that MPH, Director, Bureau of Chronic Disease Bar Initiative for Practicing and they soon will be looking for—a new job. Control, New York City Department of In this two-part panel series (for Part 2 see Health and Mental Hygiene; Kent Yalowitz, Re-entering Lawyers Arnold & Porter LLP (Mr. Yalowitz March 31), attendees will gain valuable What’s New in Technology represented the New York State Restaurant insight from executive recruiters, outplace- Association in its suit challenging New York 11 and 18 Wednesdays, 6 PM – 8 PM ment professionals and career coaches on City’s calorie posting requirement.) current trends in the legal market, includ- Please register online at www.nycbar.org ing who’s hiring and what skills are in If you hear the word “blackline” and demand, and receive practical tips about assume it must be the name of a hip new how to survive the financial crisis, from rock band, you will want to be sure to sign Mayoral Control of the negotiating a severance package to up for this primer on basic technology transitioning into a new profession. New York City Schools skills! In addition to receiving instruction Panelists for this program will discuss in technology essentials such as creating the current legal landscape, career-search 11 Wednesday, 6 PM – 8 PM and managing documents, emailing, resources and the job-search process. calendaring and blacklining, attendees The New York City school system has will learn how technological devices such Moderator: undergone a dramatic restructuring in as BlackBerrys can be used by lawyers Connie Vasquez, Mazur Carp the past few years. A key change has been remotely to stay in touch with the work- Rubin & Schulman PC direct mayoral control of the Department place. Attendees also will receive a refresher Panelists: of Education. Supporters suggest that on how to conduct legal research. Finally, Diane Costigan, Executive Coach & mayoral control is a necessary component our presenter will discuss how technology Consultant, Firm Leader Inc.; Sharon in the improvement and reform of the Mahn, Managing Director, Major, Lindsay can be used to take your legal practice to New York City schools, while critics & Africa; Zelda Owens, Managing Director, the next level. Please Note: This same Hirecounsel; Marcia Shannon, Principal, contend that there is a greater need for program will be held twice – once on Shannon & Manch, LLP parental involvement and less centralized March 11 and again on March 18. control. The legislation authorizing mayoral control expires this year and the

6 | 44th Street notes | March 2009 www.nycbar.org Panelists: taking direction from a senior attorney. intellectual property protection and use Louis Manios, Training Manager, Participants will develop the necessary on the Internet. Proskauer Rose LLP; Ronald Mirvis, skills to lead their team, including the Head Reference Librarian, New York City Speakers: ability to build consensus and delegate Mark Fiore, Bar Association Weil, Gotshal & Manges LLP, effectively. Participants will learn to obtain Counsel for eBay in the Tiffany v. eBay case; The fee is $15 for members, $25 for non-mem- feedback from senior attorneys, clearly Erik Walsh, Arnold & Porter, Counsel for bers. Please register online at www.nycbar.org communicate directions and goals so Tiffany in the Tiffany v. eBay case; Heather assignments are carried out efficiently Greenberg, In-House Counsel, Topps US and successfully, and cultivate productive Please register online at www.nycbar.org Regional Trade Agreements and working relationships. the WTO: Impetus or Impediment Speaker: Jay Sullivan, Partner, Exec|Comm Small Law Firm Luncheon: 11 Wednesday, 6 PM – 9 PM 1.5 transitional/non-transitional NY MCLE Effective Technology for the In this program a panel of prominent practice management credits will be granted. Small Law Firm Fee and registration information are available international trade professors, practitioners Time Management and Technology and former government officials will at www.nycbar.org discuss regional trade agreements (RTAs) 19 Thursday, 12:30 PM – 2 PM and seek to answer the important question of whether the growing popularity of City Bar Contemplative How do you use (or not use) technology to RTAs will stimulate progress in the Lawyers Group increase productivity, maximize realization multilateral framework of the WTO, or and stay focused on your goals? In this whether they have in fact undermined the 12 Thursday, 7 PM luncheon seminar you will learn how to WTO’s Doha Round. The panel also will manage yourself and your time more The Contemplative Lawyers Group will address the future of trade liberalization effectively by simply changing a few habits. continue its series of presentations on and what the most beneficial approach “Emotional Intelligence in Law Practice.” Moderator: might be. Mark Josephson, CPA, CFP, CFE, The meeting will include guided mindful- Murray & Josephson, CPAS, LLC Speakers: ness meditation practice and a talk by Jagdish Bhagwati, Professor, Columbia Robert Chender, who is a certified mind- Speaker: Law School; Merit Janow, Professor, Lisa Aldisert, fulness meditation teacher and attorney, Pharos Alliance, Inc. Columbia Law School; Gary Hufbauer, Sponsor: Senior Fellow, Peterson Institute for Interna- and a group discussion after the talk. No Lexis/Nexis tional Economics; Chios Carmody, prior attendance or meditation experience Professor, University of Western Ontario, is necessary—everyone is invited. Registration by March 16 is necessary. The fee, Ambassador John K. Canada; Please register online at www.nycbar.org which includes lunch, is $25 for members, $35 Veroneau, Former Deputy U.S. Trade for non-members. Please register on page 4 or Representative, International Trade Commit- online at www.nycbar.org tee Member Pirates and Protocols: Please RSVP to Natasha Woodland at [email protected]. Trademark Use and Protection Everything You Wanted to Know on the Internet About Becoming an Assistant Professional Development 18 Wednesday, 7 PM United States Attorney but Were Afraid to Ask Workshop Series – The Essentials This program will examine the latest Managing Effective Legal Teams trends and developments regarding 23 Monday, 6 PM – 8 PM protection and use of trademarks over 12 Thursday, 8:30 AM – 10 AM the Internet. Topics will include: The 93 U.S. Attorney’s offices, a division (1) strategies for enforcement of trademark of the U.S. Department of Justice, repre- Attorneys will fill a variety of roles rights against online infringers and sent the federal government in criminal throughout their careers, even during the counterfeiters, (2) guidelines for using and civil matters before the United States same assignment. While working on one ‘adwords’ and behavioral advertising on district and circuit courts. Each U.S. project, attorneys can find themselves the Internet and (3) a roundup of recent Attorney’s office is staffed by numerous managing junior associates, paralegals and rulings and decisions to watch regarding Assistant U.S. Attorneys, who serve as administrative staff while at the same time prosecutors in criminal matters and the government’s litigation counsel in civil

www.nycbar.org march 2009 | 44th Street notes | 7 matters, in some of the most interesting Recent Developments in ments, Absa Capital; Elchi Nowrojee, and important litigation occurring in the Trademark Law Director and Counsel, Credit Suisse United States courts. Co-sponsored by: American Bar Association, Africa The panel includes representatives from 26 Thursday, 8:30 AM – 9:30 AM Committee; New York University, the U.S. Attorney’s Offices for the Eastern The Committee on Women in the Profes- Stern in Africa Program and Southern Districts of New York and sion invites you to the first breakfast of a the District of New Jersey, who will Please register online at www.nycbar.org four-part series on Women in Intellectual discuss the application process in their Property. The first breakfast will feature judicial districts. accomplished women in the field of Botein Awards Moderator: trademark law from in-house and law firm Daniel R. Alonso, Kaye Scholer LLP, practices. The presenters will discuss their 30 Monday, 5 PM program Former Chief of the Criminal Division, 6 PM reception United States Attorney’s Office, Eastern experiences as attorneys involved in District of New York trademark and other intellectual property litigation, prosecution and counseling, An annual presentation of awards to Speakers: outstanding court employees in the Greg D. Andres, with a focus on the impact of recent Chief of the Criminal First Judicial Department. Division, United States Attorney’s Office, significant decisions on practicing trade- Eastern District of New York; Federico E. mark law. The breakfasts will be informal Registration is recommended. Please register Virella, Jr., Executive Assistant, United and interactive with audience questions online at www.nycbar.org States Attorney’s Office, Southern District welcome. Other breakfasts will be held on of New York; Charles B. McKenna, Chief recent developments in patent law (April of the Criminal Division, United States 29), recent developments in copyright and Career Resources for Lawyers to Attorney’s Office, District of New Jersey First Amendment law (May 28) and Navigate the Current Economy Please register online at www.nycbar.org managing your intellectual property law career (June 25). Making Your Exit from the Law Moderator: (part 2 of 2) Online Social Networking Dyan Finguerra-DuCharme, Counsel, for Lawyers WilmerHale LLP 31 Tuesday, 6 PM – 8 PM Speaker: Many lawyers think about taking the 24 Tuesday, 6:30 PM Barbara A. Solomon, Fross Zelnick skills they have acquired as lawyers and Have you wondered whether you’re missing The fee, which includes breakfast, is $15 for translating them into a new profession, out because you’re not using LinkedIn, members, $25 for non-members. Please but practical and other considerations register online at www.nycbar.org Facebook or Twitter? This program will prevent them from ever making the move. discuss how lawyers can use social Panelists will discuss how the financial networking sites to enhance career crisis may offer the perfect opportunity development and business generation, Private Equity Investments for lawyers to finally make that switch and how to avoid the pitfalls that can cause in Africa into career/financial coaching, executive irreparable reputational and professional recruiting, academia, philanthropy damage to lawyers and their employers. 26 Thursday, 6 PM or business. Moderator: Moderator: Sub-Saharan Africa is emerging as an Karin Segall, Foley & Lardner LLP Diane Costigan, Executive Coach & investment region yielding high returns Consultant, Firm Leader Inc. Panelists: for private equity funds. This panel will Panelists: Ron Coleman, Goetz Fitzpatrick LLP, discuss the various opportunities and Michael DeCosta, Senior Client Partner, Author, Likelihood of Confusion Blog; challenges faced by investors in each stage Howard Greenstein, The Harbrooke Korn/Ferry International; Alexandra of the life cycle of an African private equity Dapolito Dunn, Group; Phyllis Weiss Haserot, Practice Assistant Dean of investment, as well as examine the impact Development Counsel; Michael Zukewich, Environmental Law Programs and Adjunct Marketing Coordinator, Manatt Phelps of the global financial crisis on the African Professor of Law, Pace University School Phillips private equity market. of Law; Melissa McClenaghan Martin, Founder/President, Career Women’s Registration is necessary. The fee is $15 for Moderator: Initiative; Connie Vasquez, President, Phillip Isom, O’Melveny & Myers LLP members, $25 for non-members. Please AlchemESQ, LLC register online at www.nycbar.org Speakers: Registration is necessary. The fee for each Solomon Wifa, O’Melveny & Myers LLP; Thando Mhlambiso, Managing Principal program is $15 for members, $25 for and Head of Infrastructure Equity Invest- non-members. Please register online at www.nycbar.org

8 | 44th Street notes | March 2009 www.nycbar.org Save the Date_Notes ad.qxp 2/11/2009 5:37 PM Page 1

Immigration Remedies for Speakers: Diana Castañeda, DATE Immigrant Children Moderator, KIND, Inc. E (Kids In Need of Defense), New York Pro TH Bono Coordinator; Boubacar Diallo, 31 Tuesday, 6:30 pm – 8:30 pm E First Thursdays Sophomore, Pace University; Alyssa Rower, V Young Lawyers Connect Sheresky Aronson Mayefsky & Sloan LLP; A Every day, unaccompanied children arrive Katherine Fleet, The Legal Aid Society; S SUSHI MAKING in the U.S. having fled their homes because Maureen Schad, The Door; Anne Marie of dangers ranging from rape, death, Mulcahy, KIND, Inc., New York Pro Thursday, April 2 human rights violations (i.e. trafficking, Bono Coordinator 6:30-8:30 pm child labor) and the upheavals of natural disasters to severe abuse, abandonment or neglect by their family. Other children have been separated from their parents, due to conflict and other adverse circum- stances. An overview of unaccompanied New City Bar Member Benefits — Don't Miss Out! immigrant children in the United States will be presented, as well as the different FedEx remedies available to this particularly City Bar Members save up to 26% on select FedEx® shipping services. There are no costs vulnerable group. In addition, pro bono and no minimum shipping requirements to take advantage of this great member benefit. representation of immigrant children in immigration court and family court will The Law Firm Merchant Account be discussed. City Bar Members save 20-25% off standard fees. Process credit cards and attract clients, win business, improve cash flow and reduce collections.

Link Translations City Bar Members receive a 10% discount on translation, interpretation and document legalization services.

For more information on these and other member discounts, visit www.nycbar.org and click on "Benefits."

www.nycbar.org March 2009 | 44th Street notes | 9 CITY BAR EVENTS MARCH 2009

sunday monday tuesday wednesday thursday friday saturday 1 2 3 4 5 6 7 6 PM 8 AM – 9 AM 6 PM How the Current Litigating in the Friday Evening Economy will Affect Appellate Division, Chamber Music Recent Law School First Department Graduates in 2009 6:30 PM – 8 PM International Women’s Day and the UN’s meeting on the Status of Women 6:30 PM – 8:30 PM New York Beer at New York City Bar 8 9 10 11 12 13 14 6 PM – 8 PM 6 PM – 8 PM 6 PM – 8 PM 8:30 AM – 10 AM Career Resources for Policing the Fast Mayoral Control of Professional Lawyers to Navigate Food Nation – the New York City Development the Current Economy: Nanny State or Schools Workshop Series – Finding a Job in a Public Good? 6 PM – 8 PM The Essentials Down Economy Break from the Law: Managing Effective (part 1 of 2) Legal Teams What’s New in Technology 7 PM 6 PM – 9 PM City Bar Contemplative Lawyers Group Regional Trade Agreements and WTO 15 16 17 18 19 20 21 6 PM – 8 PM 12:30 PM – 2 PM Break from the Law: Small Law Firm What’s New in Luncheon Technology Time Management 7 PM and Technology Trademark Use and Protection on the Internet

22 23 24 25 26 27 28 6 PM – 8 PM 6:30 PM 8:30 AM – 9:30 AM Everything You Online Social Recent Developments Wanted to Know Networking for in Trademark Law About Becoming an Lawyers 6 PM Assistant United Private Equity States Attorney but Investments in Africa Were Afraid to Ask

29 30 31 5 PM program 6 PM – 8 PM 6 PM reception Career Resources for Botein Awards Lawyers to Navigate the Current Economy: Making Your Exit From the Law (part 2 of 2) 6:30 pm – 8:30 pm Immigration Remedies for Immigrant Children

10 | 44th Street notes | march 2009 www.nycbar.org CLE COURSES MARCH 2009

sunday monday tuesday wednesday thursday friday saturday 1 2 3 4 5 6 7 9 Am – 12 Pm 6 Pm – 8:30 Pm Significant Ethical When Having a Issues Facing Inside Home in New York Counsel: What Becomes a Civil In-House Counsel & & Criminal Tax Those Who Advise Liability Them Need to Know 2.5 Credits* 3.0 Credits* 6 Pm – 9 Pm A Primer on Probate & Administration of New York Estates 3.0 Credits* 8 9 10 11 12 13 14 6 Pm – 8:15 Pm 6 Pm – 9 Pm 9 Am – 12 Pm Credit Derivatives & Current Develop- Video Replay: Bankruptcy Law: ments in Copyright Chapter 11: The What the Securities, Law 2009 New Critical Path Finance & Bankruptcy 3.0 Credits* 3.0 Credits Practitioner Needs to Know About These New Products 2.5 Credits* 15 16 17 18 19 20 21 6 Pm – 8 Pm 6 Pm – 9 Pm 6 Pm – 9 Pm 9 Am – 11 Am Ethical Issues for Recent Developments You Don’t Practice Video Replay: Trusts & Estates in Matrimonial Law: Criminal Law & You Distressed Markets: Lawyers Tips & Techniques Get that Midnight Current Issues in 2.0 Credits* to Stay Ahead of Phone Call… Debt Trading, the Curve N.Y. Criminal Investing & Chapter 3.0 Credits* Practice 101 11 Reorganization 3.0 Credits* 2.0 Credits 22 23 24 25 26 27 28 6 Pm – 9 Pm 9 Am – 4:30 Pm 5:45 Pm – 9 Pm 8:45 Am – 5 Pm 9 Am – 5:15 Pm Shaping the City for Article 81: Certified 42nd Annual 42nd Annual UCC 42nd Annual UCC the 21st Century: Training for Uniform Commercial Practice Update Practice Update Current Topics in Guardians, Court Code Institute (Day 2 of 3) (Day 3 of 3) City Zoning & Evaluators & (UCC) Practice 19.0 Credits* Land Use Attorneys for Alleged Update: 9 Am – 12 Pm Incapacitated Persons Latest on Secured 3.0 Credits* Future Perspectives 7.0 Credits* Transactions, Subprime Meltdown on Affordable 6 Pm – 8:45 Pm Developments & Housing & Economic Selected Ethics Issues Much More Development in in Mediation & (Day 1 of 3) New York City: Settlement Negotiations Policy & Practice 3.0 Credits* 3.0 Credits* 29 30 31 6 Pm – 9 Pm Video Replay: Ethical Consider- ations for Corporate Investigations: Updates 2008 3.0 Credits

*The program provides transitional credit for newly admitted attorneys www.nycbar.org march 2009 | 44th Street notes | 11 CLE COURSES

BANKRUPTCY lawyers discuss current topics related recent bankruptcies and other credit events to distressed investing, including market concerning reference obligors. They will also Video Replay: Chapter 11: manipulation and disinformation in discuss significant strategic and policy issues The New Critical Path distressed debt trading, disclosure obliga- CDS raise for bankruptcy practitioners. tions in Chapter 11 cases, the impact of Program Chair: 13 Friday, 9 AM – 12 PM distressed trading on the committee process Robert M. McLaughlin, Katten Muchin in Chapter 11 cases and issues relating to This program addresses the key events Rosenman LLP credit bidding and equitable subordination. that define a typical Chapter 11 case: Faculty: case commencement, asset sales and Program Co-Chairs: Conrad G. Bahlke, Weil, Gotshal & Manges Jonathan J. Ching, plan confirmation. The panelists include Susheel Kirpalani, Quinn Emanuel LLP; D.E. Shaw & Co., L.P.; Ross Pazzol, Katten Muchin Rosenman seasoned restructuring attorneys with Urquhart Oliver & Hedges LLP; Mark A. McDermott, Skadden, Arps, LLP; Robin J. Powers, Sutherland Asbill & experience representing large corporate Slate, Meagher & Flom LLP Brennan LLP; Mark A. Steffensen, debtors, secured and unsecured creditors Managing Director & Deputy General and/or asset buyers. See www.nycbar.org for full faculty listing. Counsel, HSBC Securities (USA) Inc.; Program Co-Chairs: Credit: 2.0 PP Michael F. Walsh, Weil, Gotshal & Manges LLP Paul V. Shalhoub, Willkie Farr & Gallagher LLP; Steven Wilamowsky, Bingham Credit: 2.5 PP* McCutchen LLP CORPORATE & SECURITIES See www.nycbar.org for full faculty listing. Credit Derivatives & Bankruptcy nd Credit: 3.0 PP 42 Annual Uniform Commer- Law: What the Securities, cial Code Institute—UCC Prac- Finance & Bankruptcy Practitioner tice Update: Latest on Secured Video Replay: Distressed Needs to Know About These Transactions, Subprime Melt- Markets: Current Issues in New Products down Developments & Much Debt Trading, Investing & 10 Tuesday, 6 PM – 8:15 PM More Chapter 11 Reorganization An expert panel will present a practical 25 Wednesday, 5:45 PM – 9 PM, 20 Friday, 9 AM – 11 AM guide to credit default swap (CDS) transac- 26 Thursday, 8:45 AM – 5 PM & tions and markets and their possible impact 27 Friday, 9 AM – 5:15 PM The market for distressed debt and assets on fundamental debtor-creditor relation- of financially troubled companies has ships, the focus of which will be in the The 42nd Annual Uniform Commercial grown dramatically in size and complexity context of a bankruptcy or workout Code (UCC) Institute will address leading since the last wave of major Chapter 11 concerning a CDS's reference obligor. Uniform Commercial Code developments. bankruptcies early in this decade. The panel will examine the structure and This year’s program will specifically focus The increasing number of investors in trading of so-called "single-name" CDS, on Structuring Secured Transactions During distressed markets with diverse (and which reference specific corporations or and After the Subprime Meltdown. Imple- sometimes conflicting) strategic and other obligors, as well as index products and mentation of the Emergency Economic investment objectives, combined with CDS based on asset-backed securities. It Stabilization Act, FDIC and Federal the proliferation of credit derivatives will also explain the relevant legal and Reserve Programs and their impact on and related instruments, have potentially regulatory framework within which CDS secured transactions practice will be far-reaching implications for distressed trading occurs, including securities and addressed. Distinguished national practi- investing and the Chapter 11 reorganization commodities laws, and explore relevant tioners, government officials and academics process. In this program, a distinguished aspects of bankruptcy and restructuring will also address other developments on panel of bankruptcy judges, business rules and processes. In addition, our experts secured transactions topics as well as timely investors and advisors and restructuring will discuss current issues arising from cutting edge developments in bankruptcy,

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

12 | 44th Street notes | March 2009 www.nycbar.org domestic and international sales, commer- If you haven’t thought about criminal law attend the full day will receive a certificate cial paper, letters of credit, electronic since you were required to take it in law of training. contracting under the UCC, investment school, what can you expect to encounter Program Co-Chairs: securities and data security and privacy. when a client calls you in the middle of Peachetta deFreitas, Law Office Of Co-sponsored by Penn State’s Dickinson the night about a criminal matter? What Alfreida B. Kenny; Matthew J. Nolfo, School of Law questions do you ask? How do you counsel Matthew J. Nolfo & Associates your client? What should you do—or not Program Chair: Faculty: Professor Louis F. Del Duca, Director, do? This program is a must for any Peggy J. Barbanel, Law Offices of Peggy Uniform Commercial Code Institute; Penn attorney unfamiliar with the practice of Barbanel; Patricia A. Boris, ACSW, State, Dickinson School of Law criminal law. Find out everything you need Roosevelt Division, St. Luke’s-Roosevelt to do to preserve the rights of your client Hospital; James H. Cahill, Jr., Cahill & Faculty: Miriam Davidson, (whether dealing with a minor problem or Cahill PC; Law Office Mark Broude, Latham & Watkins, LLP; of Miriam Davidson, PC; Steven A. Fayer, Timothy Chorvat, Jenner & Block LLP; a serious matter) from the moment your MD, Assistant Clinical Professor of Psychia- Barkley Clark, Stinson Morrison Hecker telephone rings. try, Mount Sinai Hospital; Fern J. Finkel, Neil B. Cohen, LLP; Jeffrey D. Forchelli Program Co-Chairs: Law Office of Fern J. Finkel; Marsha Professor of Law, Brooklyn Law School; Rick J. Pasacreta, Law Office of Rick Flowers, Director of Professional Outreach, L. Richard Fischer, Morrison & Foerster James Pasacreta; Allen S. Popper, Senior Seniorbridge; Marita L. McMahon, Deputy LLP; William Henning, Distinguished Trial Attorney, Criminal Defense Division, Director, Office of Court Administration, Professor of Law, University of Alabama Legal Aid Society Guardian & Fiduciary Services; Thomas J. School of Law; Gary Kaplan, Fried, Frank, Pellegrino, Meirowitz & Pellegrino, PLLC; Harris, Shriver & Jacobson LLP; Michael Faculty: Ira Salzman, Goldfarb Abrandt Salzman Frank R. Dudis, Krimminger, Special Advisor for Policy Counsel on Public & Kutzin LLP; Jay J. Sangerman, Jay J. to the Chairman of the Federal Deposit Assistance Crimes, Investigations Bureau/ Sangerman, PLLC; Scott M. Singer, MS, Insurance Corporation; Albert Kritzer, Public Assistance Crimes Unit, Kings County MPA, Court Clerk Specialist, Guardian and Hon. Michael J. Professor of Law & Executive Secretary, Pace District Attorney’s Office; Fiduciary Support Office, NYS Supreme Yavinsky, Institute of International Commercial Law; Interim Civil Court Judge, Court, First JD Christina Kunz, Professor of Law, William Criminal Court, New York County Andreas Lehnert, Credit: 7.0 total: 4.0 PP, 2.5 skills & 0.5 ethics* Mitchell College of Law; Credit: 3.0 PP* Chief, Household and Real Estate Finance Section, Federal Reserve Board; Jacob Manning, Fellow, Institute of International ESTATE PLANNING ELDER LAW Banking Law & Practice, Dinsmore & Shohl; Mark Menting, Sullivan & Cromwell LLP; A Primer on Probate Frederick Miller, George L. Cross Research Article 81: Certified Training Professor Emeritus, University of Oklahoma for Guardians, Court Evaluators & & Administration of Law Center, Of Counsel, Phillips Murrah New York Estates P.C.; Daniel R. Murray, Jenner & Block; Attorneys for Alleged Anna Pinedo, Morrison & Foerster LLP; Incapacitated Persons 4 Wednesday, 6 PM – 9 PM Sandra Rocks, Cleary Gottlieb Steen & Hamilton LLP; Thomas Smedinghoff, 24 Tuesday, 9 AM – 4:30 PM After a client suffers the loss of a loved one, Edwin Smith, Wildman Harrold LLP; he will turn to his attorney to guide him Bingham McCutchen LLP; Steven Weise, In order to serve as guardian, court through the estate administration process. Proskauer Rose LLP evaluator or attorney for alleged incapaci- This program is intended to provide Please Note: This program is exempt from the tated persons, pursuant to Article 81 of the practitioners with a basic understanding Passport Series. Mental Health Law, a person is required to regarding the filing requirements for Credit: 19.0 total: 17.5 PP & 1.5 skills receive training approved by the Guardian probate wills, the appointment of adminis- (all 3 days)* and Fiduciary Services of the Office of trators for decedents without wills and Court Administration. Part 36 of the Rules dealing with other general administration of the Chief Judge establishes training matters. Discussion will include guidance CRIMINAL LAW requirements for appointment as a guard- on completing the essential Surrogate’s ian, court evaluator or attorney for an Court forms and an exploration of the You Don’t Practice Criminal Law alleged incapacitated person. This all-day ethical issues often raised in administration. course will meet the training requirements & You Get That Midnight Phone Program Instructor: for appointment as a guardian, court Call… N.Y. Criminal Practice 101 Tracy Christen Reimann, LLM, Karlen, evaluator or attorney for an alleged Stolzar & Reimann, LLP incapacitated person, and those who 19 Thursday, 6 PM – 9 PM Credit: 3.0 total: 2.5 PP & 0.5 ethics*

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

www.nycbar.org March 2009 | 44th Street notes | 13 ethics Faculty: The presentation touches on a broad array Hon. John Czygier, Jr., Surrogate, Suffolk of ethical issues, devoting special attention Significant Ethical Issues Facing County to current developments concerning Inside Counsel: What In-House Credit: 2.0 ethics* prosecution and regulatory strategies, Counsel & Those Who Advise conflicts of interests, protection and waiver of the attorney-client privilege, Them Need to Know Selected Ethics Issues in Media- counseling of employee witnesses and the federalization of ethical obligations 4 Wednesday, 9 AM – 12 PM tion & Settlement Negotiations imposed on attorneys under the Sarbanes- This program will explore ethics issues 24 Tuesday, 6 PM – 8:45 PM Oxley legislation of 2002. of significance to inside counsel as well Program Chair: as outside counsel working with inside This program will catalog and address a Frank H. Wohl, Lankler Siffert & Wohl LLP number of ethics issues that can arise in counsel. The topics to be covered include See www.nycbar.org for full faculty listing. corporate-family conflicts in the age of mediation and settlement negotiations. Credit: 3.0 ethics insolvency, secondments, legal outsourcing With a specific focus on confidentiality, overseas, the “no-contact” rule and inside conflicts of interest and related issues, the program will discuss ethics questions from counsel, inside counsel’s responsibilities for FAMILY LAW discovery, advance waivers and the use of the point of view of the mediator, the outside lawyer and even the client. The screens and the pitfalls of inside counsel Recent Developments in Matri- acting as negotiator. program will close with a brief discussion about how to research ethics issues and monial Law: Tips & Techniques to Program Chair: how to get help from an ethics committee David G. Keyko, Pillsbury Winthrop Shaw Stay Ahead of the Curve of lawyers or mediators when needed. Pittman LLP Program Chair and Moderator: 18 Wednesday, 6 PM – 9 PM Faculty: Jeremy R. Feinberg, Statewide Special Ronald C. Minkoff, Frankfurt Kurnit Counsel for Ethics, Office of Court Adminis- A prominent faculty of attorneys will Klein & Selz PC; Roy D. Simon, Howard tration, New York State Unified Court System discuss recent decisions, new legislation and Lichtenstein Distinguished Professor of developing trends in the law of equitable Legal Ethics, Hofstra Law School Faculty: Alexandra Carter, Associate Clinical distribution, maintenance, child support Credit: 3.0 ethics* Professor, Columbia Law School Mediation and custody, and legal and expert fees. Clinic; James B. Kobak, Jr., Hughes Learn about the cutting edge litigation and Hubbard & Reed LLP; Daniel M. Weitz, settlement solutions on all of these issues, Ethical Issues for Trusts & Coordinator, ADR Programs, Office of Court including recent work on dissolution of Estates Lawyers Administration, New York State Unified Court gay/lesbian relations involving out of state System; Stephen P. Younger, Patterson marriages, custody and access rights as well Belknap Webb & Tyler LLP 16 Monday, 6 PM – 8 PM as new pro bono programs. This program is Credit: 3.0 ethics* a must for seasoned matrimonial attorneys The ethical obligations of trusts and estates as well as general practitioners and attorneys are being scrutinized more closely attorneys interested in working in the than ever. This seminar will examine some Video Replay: Ethical matrimonial area. of the most pressing professional responsi- Considerations for Corporate bility issues T&E lawyers face: conflicts Program Chair: Judith E. White, Ira E. Garr PC of interest caused by taking on the dual Investigations: Updates 2008 roles of estate fiduciary and counsel or by Faculty: 30 Monday, 6 PM – 9 PM representing spouses and others with Jason Advocate, Advocate & Lichtenstein LLP; Eleanor B. Alter, Kasowitz Benson differing interests; performing services for This annual updates program explores Torres & Friedman LLP; Susan L. Bender, residents of states and countries in which current issues and recent developments Bender & Rosenthal LLP; Myrna Felder, Law the lawyer is not admitted to practice and relating to ethical duties and responsibili- Offices of Myrna Felder; Hon. Jacqueline W. making incorrect and/or incomplete ties of attorneys and other participants in Silbermann, Blank Rome LLP representations to courts or adversaries. corporate internal investigations involving Credit: 3.0 total: credit breakdown to Program Chair: public companies. These issues are be determined* Ronald C. Minkoff, Chair of Professional discussed from the point of view of Responsibility Group, Frankfurt Kurnit Klein counsel for the corporation, investigating & Selz P.C. counsel and government representatives.

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

14 | 44th Street notes | March 2009 www.nycbar.org Intellectual Property/Internet can be built on a particular lot? The second Future Perspectives on part of the program will focus on the new Affordable Housing & Economic Current Developments in City Construction Codes (effective as of Development in New York City: Copyright Law 2009 July 1, 2008 and required for new buildings as of July 1, 2009) and their implications Policy & Practice 12 Thursday, 6 PM – 9 PM for real estate and land use practitioners. The third topic will be a discussion of 27 Friday, 9 AM – 12 PM This program, intended for practitioners Community Benefits Agreements in the who have a working knowledge of the law This program will focus on contemporary land use approval process. of copyright, will focus on a cross section issues affecting the preservation and of recent developments. A panel of experts Program Co-Chairs: development of affordable housing and will discuss the current law with respect Andrew M. Manshel, President, Jamaica economic development projects in the City, Capital Corporation; Carol E. Rosenthal, to fair use and injunctions, the rights and which will be laid on top of a foundation Fried, Frank, Harris, Shriver & Jacobson LLP risks associated with user-generated summarizing certain structural elements content, the scope of and limitations on Faculty: of legal practice in these fields. Phyllis Arnold, permitted use of “public copyright licenses” Deputy Commissioner, Enforcement and Legal Affairs, NYC Depart- Program Chair: and termination rights. The program will ment of Buildings; Vicki Been, Elihu Root David A. Goldstein, Goldstein Hall PLLC provide a case law update on the covered Professor of Law, New York University School Faculty: topics as well as information that transac- of Law; Thomas Wargo, Director of Zoning Samara Barend, Executive Director, NYS tional and in-house attorneys can use in Division, NYC Department of City Planning Commission on State Asset Maximization; their day-to-day advisory roles. Credit: 3.0 total: 2.0 PP & 1.0 skills* Bruce J. Bergman, Berkman, Henoch, Program Chair: Peterson & Peddy, P.C.; Matthew S. Brett, Jessica R. Friedman, Attorney at Law, Belkin Burden Wenig & Goldman LLP; Of Counsel, Scarola Ellis LLP, Of Counsel, Peter B. Brightbill, Law Offices of Peter Winslett Studnicky McCormick & Bomser Brightbill; Eric J. Deutsch, Managing LLP Faculty: Richard Dannay, Cowan, Liebowitz & Latman, PC; John F. Delaney, Morrison & Foerster LLP; David A. Donahue, Fross Zelnick Lehrman & Zissu, PC; Brian G. Murphy, Frankfurt Kurnit Klein & Selz, PC Credit: 3.0 PP*

REAL ESTATE

Shaping the City for the 21st Century: Current Topics in City Zoning & Land Use

23 Monday, 6 PM – 9 PM

This symposium will focus on one basic skill and two current topics in zoning and land use law. Speakers will include private practitioners and government representatives to provide both public and private perspectives on the land use process. The first portion of the program will be a practical, how-to guide for using the New York City Zoning Resolution and its associated maps and charts. How does the zoning resolution shape a building? What

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

www.nycbar.org March 2009 | 44th Street notes | 15 Director, The Clarett Group; Kenneth K. 5 Thursday, 6 PM – 8:30 PM Program Co-Chairs: Fisher, WolfBlock LLP; Prof. Bruce A. Gilda Mariani, Chief, Money Laundering Green, Louis Stein Professor of Law, Director, State and local tax authorities in New York & Tax Crimes Unit, New York County District Louis Stein Center for Law and Ethics, have stepped up their civil and criminal Attorney’s Office;Fran Obeid, Kostelanetz Fordham University School of Law; Wayne G. enforcement against those who fail to file & Fink LLP Hawley, General Counsel, City of New York tax returns and pay taxes as residents of Faculty: Conflicts of Interest Board; Adam P. Hel- New York State and City. This program Stephen Bercovitch, Tax Counsel, Amper legers, Michael Levitt & Rubenstein LLC; Politziner & Mattia LLP; John J. Coniglio, John L. Kelly, Nixon Peabody LLP; Janno will provide the nuts and bolts of New Section Head, Income/Franchise Field Audit Lieber, President, World Trade Center York’s law on residency, including both its Management, NYS Department of Taxation & Properties, LLC; Joseph J. Lynch, Nixon statutory residency and domicile rules, Finance; Noelle Geiger, Marks Paneth & Peabody LLP; David Robinson, Senior Staff before moving to an interactive fact Shron LLP; Bruce K. Kato, Deputy Director Attorney, Legal Services NYC; Stephen pattern that will address the handling of a of Investigations, Special Investigations Unit Salup, Executive Vice President /General civil audit involving a client who fails to Office of Tax Enforcement, NYS Department Counsel, Starrett Corporation; Deborah pay residency tax, which spirals into a of Taxation & Finance; Michelle Merola, VanAmerongen, Commissioner, New York Hodgson Russ, LLP; Jack Trachtenberg, State Division of Housing and Community criminal investigation. Learn about New Hodgson Russ, LLP Renewal York’s new regulations and how to advise clients in situations that involve individu- Credit: 2.5 total: 1.0 skills, 1.0 PP & 0.5 ethics* Credit: 3.0 total: credit breakdown to als moving to New York, including be determined* CPE credit: 2.5 total: 1.0 auditing, 1.0 employers with temporary New York work taxation & 0.5 ethics assignments, as well as advising clients TAX & ACCOUNTING with outbound issues, such as those who may have second residences out of state or When Having a Home in New spouses who spend long periods of time in New York. The program will provide you York Becomes a Civil & Criminal with ideas on preventive planning and Tax Liability strategic negotiation.

*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice

16 | 44th Street notes | March 2009 www.nycbar.org City Bar International: continued from p.1 to challenges faced by lawyers and the justice system wherever they occur. In the last few months we wrote to bar associations in both China and India, criticizing their hostility to providing representation to persons detained by the government, detainees captured during the Tibetan conflicts last spring and the sole surviving member of the group that terrorized Mumbai. Our letters, sent by Association President Patricia M. Hynes, stressed that no matter how heinous the crime or how regarded by the government and the people, defendants are entitled to representation by counsel. The Committee also addressed treatment of an American lawyer in Belarus, and urged that charges be brought or actions be taken by international authorities regarding demagogues who committed cognizable offenses in Zimbabwe and Chad. The International Environmental Law Committee (chaired by John Rousakis) issued a report on the world trade implications of climate change being considered by Congress. It found that (From left to right): New York City Bar President Patricia M. Hynes with the inaugural a key facet of the proposals would very likely be struck down recipients of The Cyrus R. Vance Access to Justice Award, Juan J. Bouchon and Lawrence J. Lee, and Antonia Stolper, Chair of the Vance Committee. The award is by the World Trade Organization under the General Agreement given to individuals who have made a significant contribution to international pro on Trade and Tariffs (GATT). bono. At the time the award was bestowed, Juan J. Bouchon was a Chilean foreign associate at Skadden, Arps, Slate, Meagher and Flom LLP and Lawrence J. Lee was a The use of secretaries in international arbitral tribunals was the litigation associate at Debevoise & Plimpton LLP. subject of a report by our Committee on International Commer- cial Disputes (chaired by Robert Smit) and the Committee on Arbitration (chaired by Nancy Nelson). The report concludes that International LL.M. Students such secretaries can be useful in these arbitration proceedings, The Association has been reaching out to international lawyers but the parties should consent to the use of, and functions studying for the LL.M. degree in New York and nearby states. performed by, the secretaries. Each year we hold a program and reception for these students, Our Taxation of Business Entities Committee (then chaired welcoming them to the New York legal community and discussing by Mark Stone) issued a report offering proposals regarding the the Association, its involvement in the world and the opportunities “Derivative Benefits” provisions found in the Limitation of and advantages it affords to members. We hope this will not only Benefits Article of certain U.S. tax treaties. draw more foreign lawyers into the Association, but will foster relationships around the world as many of these lawyers Finally, during the period of presidential transition, Association return to practice law in their home countries. committees prepared a number of papers with recommendations to the various transition teams, two of which pertain to interna- Programs tional affairs. The International Human Rights Committee Over the past few months, the Association has presented several submitted recommendations to improve U.S. engagement with the programs addressing international issues. This fall, we presented International Criminal Court. Committees that address financial the latest in a series of programs on Islamic law, this one address- regulatory issues presented recommendations that include the need ing Shariah-compliant finance and Islamic commercial law. This for better global integration of financial regulation. is an effort led by Robert Michael of the Council on International All of these reports are available on the Association’s website, Affairs to educate New York attorneys on the law that governs the www.nycbar.org. activities of approximately a billion people worldwide. We had two January programs addressing international law— Vance Center a CLE program comprising an introduction to international law The Vance Center for International Justice has again identified and a Meeting Hall program addressing whether compliance with promising young South African lawyers and matched them with international law will make the U.S. more secure. In February, New York law firms and corporate law departments. Their year there was a program on the Iraq refugee crisis. spent working in New York will improve their skills, enrich their legal background, and greatly benefit them, their South African This list does not include the reports and activities that are in firms and the South African legal community. the works, and does not include the many prominent speakers that the committees have at their individual and joint meetings. The Vance Center also stimulates pro bono efforts internationally, We encourage City Bar members with an interest in international and was the guiding force behind the Pro Bono Declaration affairs to join and be active in one of the committees in this field. for the Americas, a commitment to providing volunteer legal services that is being adopted by lawyers and firms throughout Latin America. www.nycbar.org march 2009 | 44th Street notes | 17 COMMITTEE REPORTS

AIDS Futures and Derivatives Regulation Letter to the U.S. Department of Health and Human Services urg- Letter to the Commodity Futures Trading Commission ing that HIV be removed from the list of “communicable diseases expressing concerns about proposed amendments to Commission of public health significance.” The recent signing of the Emergency rules 4.26 and 4.36, re: electronic filing of disclosure documents Plan for AIDS Relief gives the Department the authority to remove by commodity pool operators and commodity trading advisors. the statutory prohibition against travel and immigration by people living with HIV. International Human Rights Report to the Obama transition team regarding improving the Capital Punishment relationship between the United States government and the Report to the Obama transition team regarding application of International Criminal Court. the federal death penalty, urging that the Obama administration 1) return to the earlier policy that the Attorney General should Lesbian, Gay, Bisexual and Transgender Rights review only those cases in which U.S. Attorneys request authoriza- Report to the Obama transition team urging: 1) repeal of the tion to seek the death penalty; 2) not seek the death penalty in Defense of Marriage Act, 2) prohibition of discrimination in states without death penalty laws, except in cases with substantial employment based on sexual orientation or gender identity, federal issues and 3) monitor racial data in federal capital cases and 3) repeal the Don’t Ask, Don’t Tell policy and end the ban correct disparities that arise. on LGBT individuals serving in the military, 4) support of the United American Families Act and 5) support of comprehensive Children, Council on sex education. Report to the Obama transition team regarding the delivery of health and human services to at-risk children and families. The Professional and Judicial Ethics report urges that the administration treat the needs of America’s Formal Opinion 2009-01, which concludes that it is impermis- children and families as critical and focuses its recommendations sible under DR 7-104(A)(1) to send a letter or email directly to a on four key areas—foster care, juvenile justice, housing and child represented person and simultaneously to her counsel without first abuse prevention. obtaining “prior consent” to the direct communication or unless otherwise authorized by law, unless the represented person’s lawyer Corrections has provided prior consent to the communication or the commu- Report to the Obama transition team urging the administration to nication is otherwise authorized by law. However, express consent consider measures to ease the transition of the previously incarcer- is not always required, and a lawyer’s prior consent may be inferred ated into society. where the represented person’s lawyer has taken some action manifesting her consent. The scope of the implied consent will be Environmental Law determined by subject matter and temporal considerations, based Report to the Obama transition team highlighting environmental on what a reasonable lawyer would understand was authorized by issues important to New York City, including: 1) funding and de- the represented person’s lawyer. velopment of mass transit, 2) showcasing sustainable building tech- nologies, 3) establishing more stringent fuel economy standards, State Courts of Superior Jurisdiction 4) supporting improvements to maximize the environmental and Letter to the Office of Court Administration expressing support social benefits of maritime transport and 5) strict federal standards for the use of the Supreme Court On-Line Library (SCROLL) and for ship discharges. urging that it be continued (it has already been implemented in New York County) and deployed throughout New York State, as Financial Services Committees it increases productivity of the court system while reducing costs. Report to the Obama transition team urging that the administration seek a new model to regulate financial services and markets. Report expressing support for A.10503/S.7079, which would Additional recommendations include: 1) the regulatory approach amend CPLR 3025(b) to require that a party moving to amend should evolve from one based on form to one based on substance, a pleading attach a copy of the proposed pleading showing clearly 2) consider consolidating regulatory responsibilities into fewer the proposed changes. The report argues that the amendment federal agencies, 3) enhance disclosure and transparency and would make it easier for parties, lawyers and judges to understand improve communication between the industry and regulators precisely what changes the moving party is seeking. and 4) coordinate regulation globally. Trusts, Estates and Surrogates’ Courts Report opposing any change in the law to permit pre-mortem probate of a last will and testament in any type of judicial proceeding.

18 | 44th Street notes | March 2009 www.nycbar.org March 2009 cle registration form

significant Ethical Issues Facing Inside Counsel: Recent Developments in Matrimonial Law: Tips Future Perspectives on Affordable Housing & What In-House Counsel & Those Who Advise & Techniques to Stay Ahead of the Curve Economic Development in New York City: Them Need To Know March 18 Policy & Practive Member Non-member March 4 March 27 Live program (includes materials): $195 $305 Member Non-member Member Non-member CDs (includes materials): $335 $405 Live Program (includes materials): $245 $355 Live Program (includes materials): $205 $315 Videotapes (includes materials): $405 $475 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 Videotapes (includes materials): $405 $475 Videotapes (includes materials): $405 $475 Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 You Don’t Practice Criminal Law & You Get Materials only (no CLE credit): $105 $135 A Primer on Probate & Administration of That Midnight Phone Call…N.Y. Criminal Video Replay: Ethical Considerations for New York Estates Practice 101 Corporate Investigations: Updates 2008 March 4 March 19 March 30 Member Non-member Member Non-member Member Non-member Live Program (includes materials): $205 $315 Live Program (includes materials): $205 $315 Video Replay (includes materials): $245 $355 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 CDs (includes materials): $365 $435 Videotapes (includes materials): $405 $475 Videotapes (includes materials): $405 $475 Videotapes (includes materials): $435 $505 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 DVDs (includes materials): $475 $565 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 When Having a Home In New York Becomes Video Replay: Distressed Markets: Current a Civil & Criminal Tax Liability Issues in Debt Trading, Investing & Chapter 11 March 5 Reorganization Member Non-member March 20 registration Live Program (includes materials): $215 $325 Member Non-member Advance registration is advised for live programs CDs (includes materials): $335 $405 Video Replay (includes materials): $215 $325 and video replays. An additional fee of $25 will be Videotapes (includes materials): $405 $475 CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 Videotapes (includes materials): $405 $475 charged for registrations received later than 3:00 p.m. Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 one business day prior to the program. For more Materials Only (no CLE credit): $105 $135 Credit Derivatives & Bankruptcy Law: What the information or to register for a program: visit our Securities, Finance & Bankruptcy Practitioner shaping the City for the 21st Century: Current website at www.nycbar.org, call 212.382.6663, fax Needs to Know About These New Products Topics in City Zoning & Land Use 212.869.4451 or mail your registration to: City Bar March 10 March 23 Center for CLE, New York City Bar, 42 West 44th Member Non-member Member Non-member Street, New York, NY 10036. Live Program (includes materials): $235 $345 Live Program (includes materials): $215 $325 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 cancellationS & Refunds Videotapes (includes materials): $405 $475 Videotapes (includes materials): $405 $475 For live programs and video replays, refunds and DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 program credits are available provided cancellation is made in writing and received by the City Bar Current Developments in Copyright Law 2009 Article 81: Certified Training for Guardians, Center prior to the program. March 12 Court Evaluators & Attorneys for Alleged Member Non-member A $35 administrative fee will be charged for all Incapacitated Persons Live program (includes materials): $205 $315 March 24 refunds. The cancellation fee will be deducted CDs (includes materials): $335 $405 directly from the refund. For program credits, no Videotapes (includes materials): $405 $475 Member Non-member Family Member DVDs (includes materials): $445 $535 Live Program administrative fee will be charged. Program credits Materials only (no CLE credit): $105 $135 (includes materials): $315 $455 $195 must be used within one year of the original program date. Cancellations must be in writing Video Replay: Chapter 11: The New Critical Path selected Ethics Issues in Mediation & and faxed to the City Bar Center, 212.869.4451. March 13 Settlement Negotiations Member Non-member March 24 Refunds and program credits are not available for Video Replay (includes materials): $215 $325 Member Non-member the purchase of tapes, CDs, DVDs, course materials CDs (includes materials): $335 $405 Live Program (includes materials) $245 $355 Videotapes (includes materials): $405 $475 CDs (includes materials) $365 $435 or online programs. Scholarships are available. DVDs (includes materials): $445 $535 Videotapes (includes materials): $435 $505 Please call 212.382.6663 for an application. Materials only (no CLE credit): $105 $135 DVDs (includes materials): $475 $565 Certificates for attending a program are given out Materials only (no CLE credit): $105 $135 Ethical Issues for Trusts & Estates Lawyers and signed by a CLE staff member at the end of nd March 16 42 Annual UCC Practice Update: Latest on the program. You are responsible for keeping a Member Non-member Secured Transactions, Subprime Meltdown copy of the CLE certificate for your own records. Live Program (includes materials): $245 $355 Developments & Much More An administrative fee of $15 will be charged for CDs (includes materials): $335 $405 March 25, 26 & 27 replacement CLE certificates. Videotapes (includes materials): $405 $475 Member/Penn State Alum Non-member DVDs (includes materials): $445 $535 Live Program (includes materials): $895 $1,095 cle credit information Materials only (no CLE credit): $105 $135 March 25th Pre-Conference Only $245 $355 (includes materials): CLE credit applies to New York and California (for Materials only (no CLE credit): $175 $225 live programs only). Illinois credit differs and ethics credits are pending.

All registrations must be prepaid by either credit card or a check made payable to: City Bar Center for CLE or New York City Bar.

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Thurgood Marshall Hafetz & Necheles Upcoming Career Development Herzfeld & Rubin PC & Networking Events Summer Law Internship Kaye Scholer LLP Kelley Drye LLP (For more information, see listings inside) Program Employers Alfreida B. Kenny, Law Office Make the Difference Donald Koch, Law Office 2 Monday, 6 PM Morgan Lewis & Bockius LLP How the Current Economy will Affect Recent We want to thank the legal employers Paul Weiss Rifkind Wharton Law School Graduates in 2009 & Garrison LLP below for providing summer internships 5 Thursday, 6:30 PM – 8:30 PM Reed Smith LLP to inner-city high school students through Young Lawyers Connect – First Thursdays Series the Thurgood Marshall Program in 2008. Ross & Asmar LLP New York Beer at the New York City Bar Participating employers give students from Shearman & Sterling LLP underrepresented and disadvantaged Simpson Thacher & Bartlett LLP 9 Monday, 6 PM – 8 PM Career Resources for Lawyers to Navigate the backgrounds the chance to experience a Skadden Arps Slate Meagher Current Economy: Finding a Job in a Down legal environment and learn about the & Flom LLP Economy (part 1 of 2) profession. Students are selected for the Stroock & Stroock & Lavan LLP program based on academic excellence and Sullivan & Cromwell LLP 11 and 18 Wednesdays, 6 PM – 8 PM personal interviews. In addition to their Sullivan & Worcester LLP Break from the Law: A City Bar Initiative for work, students attend weekly programs Teigland Hunt LLP Practicing and Re-entering Lawyers—What’s where they are able to explore career paths Wachtell Lipton Rosen & Katz New in Technology Wasserman Grubin & Rogers LLP and develop professional networking skills. 12 Thursday, 8:30 AM – 10 AM Weil Gotshal & Manges LLP Professional Development Workshop Series – Any employer interested in joining the White & Case LLP program in 2009 should contact Gabrielle The Essentials: Managing Effective Legal Teams Law Schools Brown at 212.382.6624 or gbrown@nycbar. 12 Thursday, 7 PM org. For more information on the Thurgood Benjamin Cardozo School of Law City Bar Contemplative Lawyers Group Marshall Summer Law Internship, please Brooklyn Law School Library 19 Thursday, 12:30 PM – 2 PM visit www.nycbar.org/SLEOP Fordham University School of Law Small Law Firm Luncheon: Effective Technology Law Firms Corporate for the Small Law Firm McGraw-Hill Companies, Inc. Allen & Overy LLP 23 Monday, 6 PM – 8 PM Seminara Sports LLC Alterman & Boop LLP Everything You Wanted to Know About Arnold & Porter LLP Government/Non-Profit Becoming an Assistant United States Attorney Baker & Hostetler LLP New York City Bar Association but Were Afraid to Ask Carter Ledyard & Milburn LLP New York City Bar Center for CLE 24 Tuesday, 6 PM Covington & Burling LLP New York State Attorney General’s Office Cravath, Swaine & Moore LLP Online Social Networking for Lawyers Judicial Miriam Davidson, Esq., PC 31 Tuesday, 6 PM – 8 PM Hon. Daniel Lewis Davis Polk & Wardwell Career Resources for Lawyers to Navigate Davis Wright Tremaine LLP Hon. Richard Lee Price the Current Economy: Making Your Exit Devereaux Weidenbaum, PC Hon. John Stackhouse from the Law (part 2 of 2) Edwards Angell Palmer & Dodge LLP Hon. James Yates Fulbright & Jaworski LLP

44th Street notes | March 2009 periodicals