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January/February 2006 Visit us at www.nycla.org Volume 2 / Number 1

I NSIDE NYCLA’sNYCLANYCLA Foundation Foundation91st Annual capitalcapital Dinner: campaigncampaign A Celebrationraisesraises overover of Jurists $700,000$700,000 and Lawyersinin itsits firstfirst of yearyearColor

CALENDAR OF EVENTS March 8: Third Annual Silent Auction 3

MEMBER PROFILE Catherine Horta 3

MESSAGE FROM THE PRESIDENT

A More Among the annual dinner guests were (from left to right): Hon. David N. Dinkins, former New York City Mayor, who received Diverse the Distinguished Service Award; Hon. George Bundy Smith, Associate Judge of the New York State Court of Appeals, who Judiciary received the William Nelson Cromwell Award; Hon. Judith S. Kaye, Chief Judge of the State of New York; and Norman L. Reimer, NYCLA President. 5 “Celebrating Jurists and Lawyers of Bundy Smith, Associate Judge of the Color” was the theme of NYCLA’s 91st New York State Court of Appeals, re- Annual Dinner held on December 13 at ceived the William Nelson Cromwell the Waldorf Astoria Hotel. More than Award, NYCLA’s highest award, which NYCLA EXPRESS: 50 men and women leaders in the legal, recognizes “unselfish service to the CUSTOMIZABLE, corporate and nonprofit sectors were profession and the community.” MEMBERS- recognized. In his opening remarks, William F. Kuntz II paid tribute to Hon. ONLY SITE Norman L. Reimer, NYCLA President, Constance Baker Motley, Senior Judge, said “We take pride in how far we have U.S. District Court, Southern District of 7 come as lawyers of every racial and New York, who died in September. ethnic background now play a vital role Among the other honorees were New on every level and in every sector of York City government officials Ð for- the legal profession. Moreover, we re- mer Congressman Herman Badillo, for- dedicate ourselves to the goal of ensur- mer Mayor David N. Dinkins and for- ANNUAL ing equal opportunity for all.” mer Manhattan Borough President DINNER The evening’s keynote speaker was Percy E. Sutton. Other honorees includ- Edwin David Robertson, NYCLA President-Elect, presented the Michele Coleman Mayes, Senior Vice ed: Margaret Fung, Executive Director, SPECIAL SECTION Distinguished Service Award to President and General Counsel of Pit- Asian American Legal Defense and ney Bowes, Inc., and Hon. George Hon. David N. Dinkins, former New See NYCLA’s ANNUAL DINNER Page 11 York City Mayor. 10 NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 2

I NSURANCE U PDATE

NEW YORK COUNTY LAWYERS’ ASSOCIATION APPOINTS NEW INSURANCE BROKER / ADMINISTRATOR EFFECTIVE JANUARY 1, 2006

Aon’s Affinity Insurance Services, Inc. (Affinity) has been selected as the new broker/administrator for the NYCLA Sponsored Member Insurance Program. Effective January 1, 2006, Affinity will replace the current administrator, JLT Services. Affinity Insurance Services, Inc. is Aon’s affinity group marketing and operations specialist, integrating product development, delivery and service for affinity group and association clients. Through these groups Affinity serves the insurance needs of over 7 million policyholders. Here are several plans that are available to members of the New York County Lawyers’ Association:

• Accidental Death & Dismemberment • Long Term Disability Plan • Dental Insurance • Hospital Indemnity Plan • Long Term Care Insurance • Health Insurance • Practice Overhead Expense • 10/20 Year Level Term Life Insurance • Term Life Insurance

FOR MORE DETAILS ON THE ABOVE PLANS INCLUDING THE EXCLUSIONS, LIMITATIONS, RATES, ELIGIBILITY, AND RENEWAL PROVISIONS CONTACT AON AFFINITY INSURANCE SERVICES AT 1-800-539-9285

Aon’s Affinity Insurance Services, Inc. 159 East County Line Road • Hatboro • PA 19040 • 1-800-539-9285

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January-February / New York County Lawyer 3

T ABLE OF CONTENTS CALENDAR OF EVENTS NYCLA’s 91st Annual NYCLA Express…7 All events are free and held at NYCLA’s Home of Law, 14 Vesey Street, Dinner…1 unless otherwise noted. Events are subject to change; please check the Library Notes…8 Association’s website, www.nycla.org, for schedule changes and additions. Calendar of Events…3 The Law Firm and the JANUARY MARCH Member Profile…3 Summer Associate…8 NYCLA BENEFIT: PETE HAMILL’S EXECUTION IN AMERICA: THE STATE DOWNTOWN: MY MANHATTAN OF THE DEATH PENALTY IN 2006 Member Benefit…4 NYCLA’s Annual Dinner…10 Tuesday, January 17 Thursday, March 2 6:00 PM 6:00 PM Dues Increase…4 Law & Literature Committee Place: NYCLA Home of Law Ð 14 Vesey Street Place: NYCLA Home of Law Ð 14 Vesey Street to present award…14 Speaker: Author, editor and journalist Pete Speakers: Sister Helen Prejean, author of Addendum… 4 Hamill will discuss the history of lower Dead Man Walking: An Eyewitness Account CLE Programs…15 Manhattan and read an excerpt from his lat- of the Death Penalty in the United States, and Career Day…4 est book, Downtown: My Manhattan. Fol- George H. Kendall, Senior Counsel, Holland NYSBA wins lawsuit over lowing his presentation, there will be a re- & Knight LLP. Mr. Kendall works exclusive- Save the Date: March 4 ception and book signing. ly on the firm’s community services team that FTC enforcement of Ticket prices include an autographed copy of devotes all of its attention to pro bono conference on violence Mr. Hamill’s book and support for the cata- matters. He previously worked at the NAACP Gramm-Leach-Bliley Act…15 loging and preservation of NYCLA’s Legal Defense Fund in New York and since against women…4 archival collection: $1,000 Ð Benefactor, 1980 has represented individuals facing the Hofstra University School $500 Ð Patron, $250 - Sponsor, $125 - death penalty. Mr. Kendall will present a Message from the of Law’s Essay Contest…16 Non-Member, $100 - Member national overview on the death penalty and President…5 Sponsors: Library, History and Law & Sister Helen Prejean will discuss her latest County Lawyer Editorial Literature Committees book, The Death of Innocents: An Eyewitness Past Events…6 For more information, call Terence J. Account of Wrongful Executions. Following Fitzgerald at 212-267-6646, ext. 206. the presentations, there will be a reception Policy…17 and book signing. Third Annual Silent CLE Tech Programs…17 SUSTAINING MEMBER EVENT AT THE FREE Auction…6 NEW-YORK HISTORICAL SOCIETY Sponsor: NYCLA Justice Center Spring Mentoring Thursday, January 19 Co-Sponsor: Holland & Knight LLP NYCLA selects AON as 5:00 - Tour Program…18 6:30 PM - Panel discussion CONFERENCE: VIOLENCE AGAINST insurance provider…7 Place: New-York Historical Society, WOMEN: PRIVATE CONCERNS TO 170 Central Park West COLLECTIVE ACTION Sustaining Members are invited to this event, Saturday, March 4 which includes a tour of the landmark exhibi- 10:00 AM Ð 5:00 PM tion, “Slavery in New York,” and panel discus- Place: NYCLA Home of Law Ð 14 Vesey Street sion, titled “The Enduring Legacy of Slavery.” Cost: $100, advance registration is required A panel of scholars from history, law, linguistics Sponsors: NYCLA Women’s Rights Com- Member Profile and business will explore the legacy of slavery mittee, NGO Committee on the Status of in the United States. Women, International Federation of Women RSVP: Email Carly Jacobson at Lawyers and the New York Women's Bar Name: Catherine Horta [email protected]. Association Residence: New York, NY For more information and to register, email Denise Scotto, Esq., Vice Chair of the NGO Employer: Morgan Stanley FEBRUARY CSW at [email protected]. (An article about the conference is on page 4.) Position: Financial Advisor/Retirement OPEN HOUSE FOR NYCLA Planning Specialist COMMITTEE AND SECTION IDA B. WELLS-BARNETT JUSTICE CHAIRS AND CO-CHAIRS AWARD PROGRAM Admitted to the Bar: 2003 Wednesday, February 1 Wednesday, March 8 8:30 AM Education: Fordham University 6:00 PM Place: NYCLA Home of Law Ð 14 Vesey Street Place: NYCLA Home of Law Ð 14 Vesey Street School of Law, 2002 NYCLA chairs, co-chairs and interested Sponsors: Minorities and the Law Committee committee and section members are invited NYCLA member since 2002 and the Metropolitan Black Bar Association to a breakfast featuring a web conference with Patricia Pomerleau, founder and CEO THIRD ANNUAL SILENT AUCTION of CEOExpress, the developer of NYCLA’s Wednesday, March 8 information portal, NYCLA Express. Ms. Q. What brought you to NYCLA and what keeps you as a member? 5:30 PM Pomerleau will discuss the newest upgrades Place: NYCLA Home of Law Ð 14 Vesey Street A. I joined NYCLA in the fall of 2002 when I started practicing bankruptcy law. I was at- to NYCLA Express and how members can Sponsor: Minorities and the Law Committee tracted to NYCLA’s wide range of programs and CLE offerings. When I left the practice take advantage of the portal’s extensive re- Held in conjunction with the Ida B. Wells- of law in the spring of 2004 to join Morgan Stanley, NYCLA became my single greatest sources and capabilities. Barnett Justice Award Program, the Silent link to the law. NYCLA is my primary source of CLE programs and I have attended sever- (For more information, please log on to Auction benefits NYCLA’s Summer Minori- NYCLA’s homepage, www.nycla.org.) al lectures and events, including the Annual Dinner. I am also in my second year as a vol- ty Judicial Internship Program. unteer at the Legal Counseling Clinic run by Lois Davis, Pro Bono Director. Not only is (An article about the Silent Auction is on PUBLIC FORUM: THE SEVENTH AN- the training I receive from the Clinic valuable, but I truly enjoy interacting with other at- page 6.) NUAL NASD LISTENS… AND SPEAKS torneys and counseling the Clinic’s clients. The Legal Counseling Clinic has made me re- Monday, February 6 alize just how intimidating it can be for the public to navigate the legal system alone and IN THE SHADOW OF THE LAW 5:00 PM how invaluable it is for people to have a resource like the Clinic where they can consult a Wednesday, March 15 Place: NYCLA Home of Law Ð 14 Vesey Street 6:00 pm lawyer free of charge. The few hours per month that we give to the Clinic can make a huge Speaker: Katherine M. Bayer, Deputy Re- Place: NYCLA Home of Law Ð 14 Vesey Street difference in people’s lives. gional Director, NASD Dispute Resolution, Sponsors: Library, History and Law and Northeast Region Literature Committees Sponsors: Arbitration and ADR, Labor Re- Q. What do you enjoy most about being a Financial Advisor/ Author Kermit Roosevelt, Assistant Profes- lations and Employment Law, and Securities Retirement Planning Specialist? sor of Law, University of Pennsylvania Law and Exchanges Committees School, discusses his novel, In the Shadow A. Although I love studying financial markets, what I enjoy most is forging relationships of the Law, a gripping account of the inner with clients and helping them achieve their goals and dreams. As I interview a new client SUSTAINING MEMBER RECEPTION workings of a fictitious Washington, D.C. about his or her financial situation, my most important task is that of “issue spotting”: pin- Thursday, February 16 law firm. A reception and book signing will 6:00 PM pointing areas that need improvement and laying the foundation for a successful future. I follow his presentation. Place: National Arts Club, 15 Gramercy make sure that my clients’ comprehensive financial needs are addressed, which means going Park South beyond current investment strategy to estate planning, retirement planning and planning for Sustaining Members are invited to this major life events, such as a sick parent in need of long-term care, a child’s wedding, or chil- reception located in the historic Tilden dren’s and grandchildren’s college education. This means that I often work closely with es- Mansion in Gramercy Park. tate-planning attorneys, CPAs and insurance specialists. Speaker: Hon. John T. Buckley, Presiding Justice, Appellate Division, First Department My clients include professionals, small businesses and families, many of whom are attorneys RSVP: Email Carly Jacobson at cjacob- who require specialized advice on tax-advantaged and tax-free investing, or need to know [email protected]. how to invest in individual stocks without running into possible conflicts of interest. My goal is to always give my clients the peace of mind that comes with a solid financial plan, well-diversified portfolio and secure future for their families. NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 4

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MEMBER BENEFIT

MUSEUM CONCERT SERIES PIANO FORTE AT THE METROPOLITAN MUSEUM OF ART Members receive a 20% discount on select programs at the Metropolitan Museum of Art. The piano recitals listed below are regularly priced at $40; the discounted price is $32. The discounted tickets also entitle members to enjoy the museum at no cost (a $15 savings) and include a 10% discount on parking. Ticket holders for Friday and Saturday events are invited to dine at the Trustees’ Dining Room overlooking Central Park and the balcony bar is open for drinks - the museum is open until 9:00 PM. Please be sure to tell the museum that you are a NYCLA member and pro- vide your NYCLA ID number. Ticket holders can meet the artists at a post-concert champagne reception. New York County Lawyers’ Association Thursday, January 19 – 8:00 PM Stephen Kovacevich: “Produced the sort of playing that now places him among the CAREER DAY world’s small number of reigning Classical Masters." - Financial Times Berg - Sonata, Opus 1; Beethoven - Bagatelles, Opus 126, Nos. 1, 2, 5, 6; SATURDAY, APRIL 8, 2006 Beethoven - Sonata No. 28 in A Major, Opus 101; Schubert - Sonata in B flat Major, D. 960 If you were admitted to the bar over the past three to five years and This is Mr. Kovacevich’s only New York recital. would like an opportunity to be interviewed on Saturday, April 8, Thursday, February 2 – 8:00 PM 2006 for a position with large or mid-sized law firms that are cur- Marc Laforet: "A breath of true poetry was present from start to finish." - Le Fi- rently hiring, please submit the following information to Carla Ja- garo, Paris cobson at [email protected]: Chopin - Ballade No. 1 in G Minor, Opus 23; 4 Mazurkas, Opus 33; Sonata No. 2 in B flat Minor, Opus 35; 5 Waltzes; Nocturne in D flat Major, Opus 27, No. 2; Scherzo No. 2 in B flat Minor, Opus 31 1. Resume This is Mr. Laforet’s only New York recital. 2. Writing sample 3. Law school transcript Thursday, February 23 – 8:00 PM 4. Attorney ID John O’Conor: “Brought real poetry to his recital of later-period Beethoven . . . incisive, even visionary projections that drove to the heart of the matter." - The 5. $100 Processing Fee: Forward your credit card number or mail a Washington Post check for $100 (payable to NYCLA), to NYCLA, 14 Vesey Beethoven - Sonatas in C Minor, Opus 111; F Major, Opus 10, No. 2 Schubert - Street, New York, NY 10007. Impromptus, D. 899; Twelve Waltzes, D. 145 This is Mr. O’Conor’s only New York recital. Keynote Speaker Hon. Michael A. Cardozo, New York City Corporation Counsel

Program Committee Co-Chairs NYCLA ANNOUNCES MODEST DUES INCREASE Hon. Ira Gammerman and Hon. William C. Thompson The Association has announced a modest $5.00 dues increase effective April 2006 in the Membership categories indicated below. NYCLA works to keep dues increases to a minimum but costs continue to rise steadily Program and a small increase is necessary. We appreciate your continued support Career development workshops of our Association. (resume writing, honing interview skills and networking) CLE credit available Category Dues Amount Law Student $25 Please Note: Admittance is limited to the first 200 NYCLA Admitted less than 1 year (no change) complimentary members who pre-register. Admitted 1 to 3 years $105 For more information, contact Harriet Astor, Membership Admitted 4 to 6 years $160 Admitted 7 to 9 years $240 Director, at [email protected] or 212-267-6646, ext. 212. Admitted 10 to 12 years (no change) $315 Admitted 13+ years $395 Sustaining Member (no change) $550 Associate Member $155 Public Sector Discount (no change) 60% (of active member dues) SAVE THE DATE MARCH 4, 2006

Addendum On Saturday, March 4, 2006, the NGO Committee on the Status of Women, to- gether with the International Federation of Women Lawyers, the New York In the December 2005 issue of NEW YORK COUNTY LAWYER, we printed an Women's Bar Association and the New York County Lawyers’ Association’s edited version of a speech, “The History of the Attorney-Client Privilege,” given by Women’s Rights Committee, will hold a one-day conference at the NYCLA Home Lewis F. Tesser at a Lille Bar Association program. We omitted Mr. Tesser’s open- of Law to examine issues related to the topic, "Violence Against Women: Private ing remarks, which acknowledged John Langbein, a legal historian from Yale Uni- Concerns to Collective Action." The fee to attend is $100 and advance registration versity, for his groundbreaking research, and Mr. Tesser’s assistant, Ben Trachten- is required. Since the conference is open to attendees of the UN Commission on berg, a recent graduate of Columbia University. the Status of Women, there will be no CLE credit available. Please contact Denise Scotto, Esq., Vice Chair of the NGO Committee on the Status of Women, NY, at [email protected] for more information and to register. NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 5

January-February / New York County Lawyer 5

MESSAGE FROM THE PRESIDENT Norman L. Reimer New York County Lawyers’ Association 14 Vesey Street New York, NY 10007-2992. Phone: (212) 267-6646 In support of a more Fax: (212) 406-9252

diverse judiciary Norman L. Reimer President n December 13, 1,200 lawyers roughly equal percentage of men and ly appointed to the Court of Appeals as a gathered at the New York Coun- women in those boroughs in the First practitioner, would not have been eligi- Sophia J Gianacoplos Oty Lawyers’ Association’s 91st Department and the significant minority ble to serve on the Appellate Division. Annual Bar Dinner at the Waldorf Asto- population Ð about 75% in the Bronx and Executive Director ria to celebrate jurists and lawyers of 40% in Manhattan. In the Second De- Even with this dubious limitation on color. Honorees included leading partment, out of the 22 justices, only one eligibility, the pool of qualified minority Lucas A. Ferrara African-American, Hispanic and Asian- is African American, one is Hispanic and women Supreme Court justices is Chair, Newsletter American lawyers from every segment and, with the retirement of Justice Son- vast. Nevertheless, in recent years the Editorial Board dra Miller, only three are Governor has exercised of the profession. It was an occasion to Marilyn J. Flood celebrate the legal profession’s progress women. his authority in a manner Counsel to NYCLA toward inclusiveness, while recognizing that has not enhanced di- how far we still have to go, not only in While there is no basis versity on the Appellate Executive Director of the law, but throughout society. Michele to conclude that a judge of Divisions, often import- the NYCLA Foundation Coleman Mayes, Senior Vice President a particular background is ing upstate judges to and General Counsel at Pitney Bowes, inherently more qualified serve in New York’s most Anita Aboulafia Inc., was our dynamic and thought-pro- than another, a diverse ju- diverse jurisdictions. In Editor voking keynote speaker. Hon. George diciary serves two vital in- the First Department, for Bundy Smith, Associate Judge of the terests: it instills respect example, the Governor Paul J. Roberts New York State Court of Appeals, re- and confidence among has appointed six white Advertising Manager ceived the William Nelson Cromwell those who are subject to men from other regions Long Island Business News Award and thanked those who had con- its edicts and it provides in the state. This is not to 631-913-4235 tributed to his long and distinguished ca- an inspirational role impugn in any manner reer in public service. And, last but cer- model for all citizens. the qualifications of these Further, the Appellate Divisions are designees, who are each superb jurists. Copyright © 2005 New York tainly not least, William F. Kuntz II paid County Lawyers’ Association. eloquent tribute to Hon. Constance courts of unique importance. The Court All rights reserved. New York County Lawyers’ Association Baker Motley, who passed away in Sep- of Appeals, New York’s highest court, is In the wake of isolated but serious al- grants permission for articles and tember. a court of limited jurisdiction that ac- legations of judicial impropriety, there is other material herein or portions thereof to be reproduced and cepts a minuscule fraction of cases for a growing call for reform of New York’s distributed for educational or In celebrating jurists and lawyers of review. Most frequently, the Appellate judicial selection methods. New York professional use through direct contact with clients, prospective color, we also recognize that overcoming Divisions are the courts of last resort - City Mayor Michael R. Bloomberg, New clients, professional colleagues the socioeconomic obstacles that dispro- the final word in most civil and criminal York State Attorney General Eliot and students provided that such use shall not involve any matter portionately affect minorities remains a appeals. Spitzer and New York City Corporation for which payment (other than Counsel Michael A. Cardozo have called legal fees or tuition) is made long-term challenge. There is, however, and provided further that all an inequity in our legal system that Notwithstanding the central role of the for the abolition of judicial elections in reproductions include the name of the author of the article, the should be less difficult to rectify. Appellate Divisions, the selection favor of an appointive system. The court copyright notice(s) included in process by which judges are appointed to system itself, under the leadership of a the original publication, and a notice indicating the name and One pivotal component of New York’s those courts is subject to largely unfet- commission chaired by former Fordham date of the Association publication judiciary, the Appellate Divisions, does tered control by the Governor. The Gov- Law School Dean John D. Feerick, has from which the reprint is made. Subscription rate: $10.00 per not reflect the racial, ethnic and gender ernor is the sole appointing authority, called for reform of the elective system. year for non-members. diversity of the citizens they serve. with no direct role for either the elec- NYCLA has empanelled a Task Force on While lawyers of color and women are torate or the legislative branch, and a Judicial Selection, co-chaired by former New York County Lawyer is achieving an ever more prominent role in screening process that affords the Gover- NYCLA President Rosalind S. Fink and published monthly (except January and August) for $10 the profession, the all important Appel- nor broad latitude. Furthermore, the Susan B. Lindenauer, which is currently per year by New York County late Divisions are a notable exception. Governor is limited to selecting the Ap- weighing a number of innovations. Its Lawyers’ Association, 14 Vesey Street, New York, NY 10007. pellate Division justices from among the mission is to propose a system that pro- Periodicals postage paid is mailed Of the 15 justices sitting on the Ap- state’s elected Supreme Court justices. vides the best chance of having a judicia- at New York, NY and additional mailing offices. POSTMASTER: pellate Division, First Department, there This restriction is of questionable value ry of highly qualified judges. Any sys- Send address changes to: New is only one African-American, one His- because it excludes all other judges serv- tem must ensure full opportunity for ju- York County Lawyer, 14 Vesey panic and one Asian-American judge. ing on the state’s vast array of courts, as dicial service by the ever-growing pool Street, New York, NY 10007-2992. And with the recent retirement of Justice well as highly qualified practitioners and of highly credentialed men and women USPS #022-995 Betty Weinberg Ellerin, there is only one legal academics. It is ironic that New lawyers and judges of color. ISSN: 1558-5786 woman. This contrasts starkly with the York State’s nationally acclaimed Chief $10.00 of membership dues Judge, Judith S. Kaye, who was original- is deducted for a one-year subscription to the New York County Lawyer. NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 6

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PAST EVENTS

Justice Betty Weinberg Ellerin Week NYCLA held a reception for retiring justice, Betty Weinberg Ellerin (third from left), Associate Justice of the Appellate Division of the Supreme Court, State of New York, First Department, on December 5. Justice Ellerin stood next to a larger-than-life-size cut out of herself. The event, which celebrated Justice Ellerin’s 29 years as a jurist, was hosted by the Association's Judicial Section, whose co-chairs are Hon. Carol R. Edmead (far left), Justice, Supreme Court, New York County, and Hon. Phyllis B. Gangel-Jacob (second from left), Associate Justice, Appellate Term, First Department. Also in attendance were Norman L. Reimer (far right), NYCLA President, and Hon. Sherry Klein Heitler (second from right), Justice, Supreme Court, New York County.

Bloomberg Law Search NYCLA and Bloomberg Professional Service hosted a reception in November celebrating the NYCLA Committee on Library’s archives. Pictured is Constantin Cotziasm, Manager of the Bloomberg Law Project, which offers Arbitration and ADR the revolutionary Bloomberg Law Search. This soft- ware enables users to find and retrieve current and The Committee on Arbitration and ADR historical SEC filings, and can be accessed free of hosted its annual “Lunch with a Judge” charge from the Library’s computers. The Library’s on December 16. The guest speaker was collection includes more than 200,000 volumes, Judge Milton Mollen (pictured), former including scholarly archival documents, old treatises, Presiding Judge of the Appellate Division, superseded documents and rare books that date as Second Department. Judge Mollen is a far back as the 17th century. Among the historic well-known and successful mediator and documents recently discovered in the archives are arbitrator. He spoke to the Committee the six-volume Nuremberg trial transcripts and a first about his techniques in resolving cases. edition, two-volume signed copy of U.S. President Leona Beane, chair of the committee, Ulysses S. Grant’s Personal Memoirs of U.S. Grant. posed with the judge.

NYCLA committees and sections celebrate the holidays The NYCLA Solo and Small Firm Practice Committee and Entertainment, Media, Intellectual Property and Sports Law Section (EMIPS) hosted a holiday party at NYCLA on December 14. Four other committees and sections – Cyberspace Law Committee, Real Property Law Section, Senior Lawyers Committee and the Young Lawyers’ Section – attended the gathering. Some of the atten- dees are pictured.

Pro Bono Awards Reception Martin D. Novar (left), Chair, EMIPS Section, poses with Ronald The Law Related Education Committee held a Pro Bono Awards Ceremony and Reception J. Katter, Co-Chair, Solo and Small in November to recognize 50 attorneys who volunteer in outreach programs that edu- Firm Practice Committee. cate New York City high school students about legal issues and the justice system. Among the programs these lawyers participate in are: Lawyer in the Classroom, High School Mock Trial Competition, New York High School Essay Contest and Brooklyn Job Corps. Pictured (from left to right) are: Marian Burnbaum, member of the Pro Bono Award Committee; Edwin David Robertson, President-Elect, NYCLA; Michael T. Three Solo and Small Firm Dougherty, member of the Pro Bono Award Committee; Hon. Eileen Nadelson, Justice, Committee members (from left to Civil Court, City of New York; Justice Richard Lee Price, Chair, Law Related Education right): Anand Ahuja, Evette E. Committee; Regina Flannery, New York City Department of Education; and Kris Fischer, Harrison and Gregory A. Editor-in-Chief, New York Law Journal, which co-sponsored the event. Blackman enjoy the festivities.

Committee on Minorities and the Law’s Third Annual Silent Auction

The Committee on Minorities and the Law is seeking sup- items, please call Louis Crespo, Auction Chair, at 646-386-3794, email him at port for its Third Annual Silent Auction, to be held on Tues- [email protected] or fill out the form below accompanied by your donation and send it day, March 8. The Auction, which benefits the Summer Judi- to NYCLA Foundation, Silent Auction, 14 Vesey Street, New York, NY 10007. cial Minority Internship Program, will be held in conjunction All donations need to be received by February 17. with the Ida B. Wells-Barnett Justice Award ceremony, an Thank you in advance for your generosity. event sponsored by NYCLA and the Metropolitan Black Bar Association. Name______The Summer Minority Judicial Internship Program, estab- lished in 1989 thanks to the generosity of Judge Harold Baer Address______Jr. and his wife, Dr. Suzanne Baer, provides minority law students with eight-week stipended intern- ships with state and federal judges. More than 150 students have participated in this program and ______gained hands-on experience, developed mentoring relationships with judges and enhanced their writing skills by attending workshops conducted by volunteer attorneys. Phone: ( ) ______Email ______Everyone is invited to donate items to the auction such as gift certificates for restaurants or luxu- ry goods, spirits and tickets to sporting or theater events. Cash contributions or checks, made Amount of donation: ______payable to the NYCLA Foundation, are also greatly appreciated and are tax deductible to the extent Make check payable to the NYCLA Foundation provided by law. To make a contribution or to refer vendors who may be interested in donating NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 7

January-February / New York County Lawyer 7

NYCLA Express: customizable site exclusively for NYCLA members professional lives. It contains content in a newest feature, which enables users to import their 2005 Dietary Guidelines to the BBC’s Walk- dozen practice areas and up-to-the-minute browser bookmarks into their NYCLA Express ing With Dinosaurs and PC World’s 100 Best news and health, entertainment, travel and personal links. For instructions on how to import Products of 2005. These links have also been shopping links. To access NYCLA Express, your bookmarks, log on to: http://www.ceoex- archived for easy reference. log on to NYCLA’s website, www.nycla.org, press.com/import/importinst.asp. enter your member information and then • User Manual Ð The User Manual offers click on NYCLA Express in the left-hand • Weather Center Ð The ‘Weather Center’ demonstrations and tutorials on how to use column. You can even make NYCLA Ex- enables you to track up-to-the-minute weath- the site, as well as a Q&A section for first- press your homepage and access it from any er conditions and the five-day forecast of time users. The User Manual is located in the computer. New York City and cities (of your choosing) left-hand column of NYCLA Express. If you from around the world. still have questions after reading the User Features of NYCLA Express Manual, please feel free to click on the ‘Feed- NYCLA Express is our customizable, Take advantage of NYCLA Express’s fea- • Link of Interest Ð Visit the ‘Link of Inter- back’ section, located below the User Manu- members-only site that organizes all of the re- tures, which include: est’ section, which is updated daily and in- al, and send NYCLA a message. Someone sources members need in their personal and cludes an eclectic mix of websites Ð from will respond to your email within 24 hours. • Import Bookmarks – Check out the site’s Baseball Almanac, Ellis Island History and

NYCLA selects Aon as insurance provider

The New York County Lawyers’ As- ¥10-Year Level Term Life on new responsibilities,for which they mailed a transition letter to all of those in- sociation is proud to announce that Aon’s ¥ 20-Year Level Term Life may need some type of insurance protec- sured in the previous program and plan to Affinity Insurance Services has been se- ¥ Accidental Death & Dismemberment tion. The NYCLA-endorsed products actively promote the NYCLA program lected as the endorsed provider of life, ¥ Short-Term and Long-Term Disability allow members to minimize their risks through various other marketing channels. accident and health insurance to its mem- ¥ Dental and protect their lifestyles. bers. Affinity is Aon’s affinity group ¥ Hospital Indemnity NEW YORK COUNTY LAWYER: How marketing and operations specialist, inte- ¥ Long-Term Care NEW YORK COUNTY LAWYER: How would a NYCLA member contact Affini- grating product development, delivery ¥ Major Medical does Affinity plan on getting the word out ty if he/she has a question about the en- and service to affinity organizations and ¥ Business Overhead Expense that it is the new endorsed provider of dorsed program? their members. Affinity has been provid- member benefits to NYCLA members? KELLEY: Our dedicated toll-free tele- ing insurance products and services to NEW YORK COUNTY LAWYER: How KELLEY: There are several ways we will phone number for the NYCLA-endorsed association members for over 55 years. does Affinity approach the association be communicating this change. In addition program is 1-800-539-9285. Our mailing New York County Lawyer recently asked benefits marketplace? to this article, we will have several adver- address is Affinity Insurance Services. Scott Kelley, senior vice president of KELLEY: This is a good question. We ad- tisements throughout the year in New York Inc., Life & Health Division, 159 E. Affinity, about the products and services here to the insurance principle of risk County Lawyer. Furthermore, we have County Line Road, Hatboro, PA 19040. available to NYCLA members. management as it pertains to an individ- ual, which is the systematic process of NEW YORK COUNTY LAWYER: What managing an individual’s or family’s risk VALUATION & APPRAISAL SERVICES insurance products does Affinity provide exposures to minimize the adverse im- to NYCLA members? pact of risk on a person’s health, income SOMETIMES VALUING ABUSINESS, PRACTICE OR LICENSE KELLEY: As the new administrator of the and life style. Every NYCLA member CAN BE AREAL PUZZLE. NYCLA-endorsed insurance program, should be risk adverse. Each should as- we offer the same insurance products and sess his/her situation based on specific plans as the prior administrator. Many of needs and then balance the potential risks M FORENSI CX the NYCLA-endorsed insurance plans he/she may be exposed to against the SREU BENRYQ are offered through a group master policy costs of protecting against those risks. issued to the Association. As such, the NYCLA members have the opportunity GEL OPVNWVA plan’s provisions and premium rates are to protect against risks by participating B APPRAISAL designed specifically for NYCLA mem- in the endorsed program. bers. In addition, the program provides ac- V SBROOKEZX cess to major medical insurance coverage NEW YORK COUNTY LAWYER: Is it BRPEEXPERT for individuals and small groups. Listed correct to assume that an individual below is a summary of the insurance prod- should constantly be assessing his/her ucts in the NYCLA-endorsed program. risk exposures? Determining the value of a Business, Practice, or License/Degree KELLEY: Absolutely. As people reach doesn’t have to be a puzzling experience. new stages in their lives, they may take Mark S. Gottlieb, CPA, PC is recognized as one of the premiere valuation and appraisal firms in our area. Whether your matter involves a divorce, shareholder dispute or tax matter, we have the credentials and Bonding & Insurance experience to identify those issues germane to closely held businesses. Our approach translates to a clear, concise conclusion that you can depend upon as a foundation for your case. ¥ Same Day Results (800) 921-1008 Call us today, we’d be happy to discuss your Business Valuation & Litigation Support needs or send you our most recent newsletter, Serving the Legal Community since 1949 "Valuation Verdicts."

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8 January-February 2006 / New York County Lawyer

Medicare and Medicaid Claims and Proce- NEW UPDATES dures, 4th ed. by Harvey L. McCormick Age Discrimination, 2nd ed. Ð Revised chapter 7 (Thomson West, 2005). Replaces the previous Criminal Procedure in New York, rev. ed. Ð edition published in 2001. 2005 supplement and revised chapters Enforcing Judgments and Collecting Debts in New York Law of Domestic Violence, by Lee New York Ð 2006 supplement H. Elkins and Jane Fosbinder (Thomson West, Evidence in New York State and Federal LIBRARY NOTES 2005). Updated from 1998 edition. Covers the Courts Ð 2006 supplement criminal law of domestic violence, family of- Handling Misdemeanor Cases Ð 2005 cumu- fense proceedings, tort actions, orders of pro- lative supplement tection, etc. Harris 5th Edition NY Estates: Estate Plan- ning and Taxation Ð 2006 supplement Recovery of Damages for Lost Profits, 6th Immigration Law and Defense 3rd ed. Ð Sep- ed. by Robert L. Dunn (Lawpress, 2005). In- tember 2005 release corporates all supplements issued since 1998, Irrevocable Trusts, 3rd ed. Ð 2005 update To make suggestions about book purchases, ple pleadings and a questionnaire reflecting the along with new material. Lindey on Entertainment, Publishing and the please contact the Library staff via email at requirements of the new Act. Arts Ð updates through August 2005 [email protected] or call the Library at The Bluebook: A Uniform System of Citation, Mechanics’ Liens in New York Ð 2006 sup- 212-267-6646, ext. 204. NEW EDITIONS 18th ed. (Harvard Law Review Association, plement American Law of Medical Malpractice, 3rd 2005). Includes updated rules on citing New York Condominium and Cooperative FEATURED INTERNET SITE ed. by Steven Peglais (Thomson West, 2005). Internet sources. Law, 2nd ed. Ð 2006 supplement Law Reporting Bureau Official Reports Provides an overview of the medical-liability New York Driving While Intoxicated, 2nd ed. Service (http://www.courts.state.ny.us/re- tort system, medical issues relevant to mal- Trade Secrets: A Practitioner’s Guide, 2nd Ð 2006 Supplement porter/Decisions.htm) Provides free access practice cases and trials handled by the author. ed. by Henry Perritt Jr. (Practising Law Insti- New York Landlord and Tenant: Rent Control to the text of all decisions published or ab- tute, 2005). Has chapters on trade secrets, se- and Rent Stabilization, 2nd ed. Ð 2005 Release stracted in the Official Reports from January Covenants Not to Compete, 3rd ed. by Mark crecy, competitive advantage, wrongful use, New York Law of Domestic Relations Ð 2006 1, 2000 through the latest Advance Sheet. R. Filipp. (Aspen Publishers, 2005). A loose- defenses, settlements and remedies. supplement Opinions are searchable by keyword, offi- leaf edition of the two-volume, hardcover sec- Rights of Prisoners, 3rd ed. Ð 2006 cumula- cial citation, opinion number, docket num- ond edition by Kurt H. Decker and published PLI COURSE HANDBOOKS tive supplement ber, case name, judge name, attorney name, by John Wiley & Sons, Inc. Reinsurance Law & Practice 2005: New opinion type (i.e., majority, concurring, dis- Legal & Business Developments in a Changing NEW PERIODICALS senting) and the decision date. The headnotes, Handling a Criminal Case in New York, Global Environment. Includes chapters on ac- Air & Space Lawyer (vol. 20, #1) abstracts, case summaries and points of coun- 2005Ð2006 ed. (Thomson West). Step-by-step counting, life reinsurance, health reinsurance Columbia Journal of Environmental sel that appear in the print version of the Offi- guide for handling a New York criminal case; insurer insolvencies, reinsurance collateraliza- Law (vol. 30, #1, 2) cial Reports are not included on this site. includes practice tips and relevant forms. tion and commutation agreements. Fordham International Law Journal (vol. 28, #4) NEW TITLES Immigration & Nationality Handbook, 34th Annual Institute on Employment Law. Consumer Bankruptcy Law and Practice 2005Ð2006 ed. (American Immigration 2 vols. Features section on workplace privacy, Fordham Law Review (vol. 74, #1) Special Guide to the 2005 Act. A 665-page Lawyers Association). Revised to reflect professional and ethical obligations, litigation Georgetown Law Journal (vol. 93, #4) guide on the 2005 Bankruptcy Act that took ef- changes caused by the REAL ID Act, mandat- strategy, whistleblowing, compensation claims, New York University Law Review (vol. 80, #4) fect on October 17, 2005. The appendices in- ing that applicants for state drivers' licenses mental health disability claims, wage and hour Products Liability Law Reporter (vol. 24, #8) issues, global employment claims, family and clude selected statutes and rules, new and must prove they are in the U.S. legally. Virginia Law Review (vol. 91, #6) amended official forms, means test data, sam- medical leave, and military leave. The Law Firm and the Summer Associate: A story through the eyes of the small to medium firm

by Margaret Reuter and Abbey Mather attorney’s concern about hiring a student, I heard another build vital skills, not as a prelude to a permanent offer. firm telling me stories of how great its summer student There are also numerous stories about firms that found Decades ago, a tradition took hold. Law firms would had been. Since our Spring Recruitment Program has the student help so valuable that they surprised them- hire one or two students for the summer before gradua- been a big success, we would like to use this column to selves and decided to extend a permanent offer. tion, the “2L summer.” As large firms began to grow, dispel some common misconceptions. they needed a greater and constant pipeline of students- Concern: “I don’t know whether I will have a signifi- cum-attorneys every year. Today, firms like Sullivan & Concern: “Students don’t know enough to help without cant amount of work this summer. I surely can’t decide Cromwell LLP hire more than 100 second-year students a lot of training and I don’t have time for training.” in the fall whether to hire one, two or no students.” each summer. Reality: Today’s students come fresh from intensive Reality: The fall recruitment season is simply too early, writing programs; many have already had faculty-men- which is why we developed a “just-in-time” spring re- This model simply does not work for the typical small to tored externships in a judge’s chambers or other law of- cruitment program. mid-sized firm in New York City. First of all, many fices and have developed extensive online research skills firms intend to stay small. Moreover, they do not strug- (and not just for fee-based services like Westlaw and Concern: “I wouldn’t know what to pay a student.” gle with high associate attrition that would compel them Lexis). They are ready to provide immediate value in Reality: Career Service offices of any school can pro- to hire continuously just to keep fully staffed. This does serving clients’ needs. vide you with information about typical rates paid by not mean that there is not great benefit to hiring a stu- any type of firm. We find that firms usually pay $15 to dent for the summer. Concern: “I don’t have anyone in the office who can $40 per hour. Several law schools, like New York Law put out the listing, wait for resumes to dribble in and School, have work-study programs that will even subsi- We know many of our students value the medium- and play telephone tag endlessly to set up interviews. It’s dize some types of law firm hiring. Just ask us. small-firm environments; they are attracted by the colle- too tiring.” giality, direct relations with clientele and entrepreneur- Reality: New York Law School’s Spring Recruitment We welcome the opportunity to help you find the right ship opportunities. Our office has sought to develop Program will promote the work of your firm, collect and student for your firm. You will find that the Career Ser- ways for the small and mid-sized firm to hire our stu- deliver the resumes for you in one package and schedule vices office of every City law school will also be happy dents, knowing that we could make life easier for law interviews with any student you select to take place on to help. firms by crafting a “recruitment” program modeled after our campus or at your office. Every law school in the the high-service programs that have evolved to assist City will gladly offer some kind of hiring assistance to large-firm employers in their summer hiring. you as well. Ms. Reuter is the Assistant Dean for Career Plan- ning at New York Law School ([email protected]). I called firms of 80 or fewer attorneys in the downtown Concern: “I have no intention of hiring a permanent as- Ms. Mather is the Associate Director for Employer business district to learn about their needs and elicit sug- sociate; I don’t want to give a student false hope.” Relations ([email protected]). gestions on how we could help. Every time I heard one Reality: Students value these positions as a chance to NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 9

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10 January-February 2006 / New York County Lawyer NYCLA’s 91st Annual Dinner: A Celebration of Jurists and Lawyers of Color

Three honorees (from left to right): Hon. George Bundy Smith, Associate Judge of the New York State Court of Appeals; Margaret Fung, Executive Director, Asian American Legal Defense and Education Fund; and Hon. Carmen Beauchamp Ciparick, New York State Court of Appeals

From left to right: Catherine A. Christian, NYCLA Vice President and Dinner Chair; Norman L. Reimer, NYCLA President; Hon. Judith S. Kaye, Chief Judge of the State of New York; and Edwin David Robertson, NYCLA President-Elect

Louis Crespo Ilarraza (left), a member of the Dinner Committee, posed with three honorees: Joyce Y. Hartsfield, Executive Director, Franklin Williams Commission on Minorities; Hon. William J. Davis, Justice, Appellate Term, 1st Judicial Department; and LaBrena Martin, Senior Vice President & Deputy Counsel, RBC Financial Group. Herman Badillo (left), former Congressman and one of the honorees, Two honorees: Percy E. Sutton (left), and Norman L. Reimer, NYCLA President former Manhattan Borough President and Larry E. Thompson, Senior Vice President and General Counsel, The Depository Trust Company

Ivan K. Fong, Executive Vice President, Chief Legal Officer & Secretary, Cardinal Health, Inc. and Sylvia Fung Chin, a member of the Dinner Committee

New York Law School’s table: Front row (left to right): Abbey Mather, Office Three honorees (from left to right): of Career Services; Carol Buckler, Associate Dean for Professional Hon. Juanita Bing Newton, Deputy Development; Camille Broussard, Deputy Director, Mendik Law Library; Chief Administrative Judge for Justice Moreen Faustin, Office of Career Services. Back row (left to right): Deborah Initiatives; Nadine C. Johnson, Archer, Associate Professor; two alumni who were honored: Nadine President, Metropolitan Black Bar Johnson, President, Metropolitan Black Bar Association, and Manuel Association; and Pui Chi Cheng, Romero, former President of the Brooklyn Bar Association; Mariana Hogan, President, Asian American Bar Professor and NYCLA Board Member; and Frank A. Bress, Professor and Association of New York Chair of NYCLA’s Criminal Justice Section.

Three honorees (from left to right): From left to right: Hon. Robert M. Lourdes M. Ventura, President, Latino Morganthau, Manhattan District Lawyers Association of Queens County; Attorney; Hon. Michael A. Michael J. Garcia, U.S. Attorney, Southern Cardozo, New York City District of New York; and Carol A. Robles- Corporation Counsel; Israel Rubin Roman, New York City Deputy Mayor for (retired Justice, Appellate Division, Legal Affairs & Counsel to Mayor Michael 1st Department), Of Counsel, R. Bloomberg Greenberg Traurig LLP; and Hon. John T. Buckley, Presiding Justice, Appellate Division, 1st Department NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 11

December 2005 / New York County Lawyer 11

An excerpt of Ms. Mayes’s keynote 91ST A NNUAL D INNER H ONOREES speech:

The very talented and Janet Alvarez Michael J. Garcia James B. O'Neal accomplished individuals President, Puerto Rican Bar Association U.S. Attorney, Southern District of Co-Founder and Executive Director, being recognized this New York Legal Outreach evening by the New York David R. Andrews Senior Vice President Government Af- Patricia L. Gatling Carlos G. Ortiz County Lawyers’ Associa- fairs, General Counsel and Commissioner, Commission on General Counsel, Goya Foods, Inc. tion are clearly role mod- Secretary, PepsiCo Inc. (2002-2004) Human Rights for the City els or, to quote Denzel of New York Hon. Michelle Weston Washington, "They are Herman Badillo Patterson shoulders to stand on." Congressman (1970-1977); Robert J. Gerrard Jr. Justice, Appellate Term, 2nd Judicial But will those shoulders Deputy Mayor (1978-1979) Executive Vice President and Department Michele Coleman Mayes, Senior be stalwart when chal- General Counsel, Scripps Networks Vice President and General lenged by the next genera- N. Cornell Boggs III Cesar A. Perales Counsel of Pitney Bowes, Inc., was tion of leaders? General Counsel, Tyco Plastics Julissa A. Gomez Co-Founder and Executive Director, the evening’s keynote speaker. After all, the world as & Adhesives President, Dominican Bar Puerto Rican Legal Defense & we know it is changing Association Education Fund Hugh W. Campbell rapidly. As Thomas Friedman observes in The World is Flat: A President, Bronx County Bar Wanda N. Goodloe Hon. Reinaldo E. Rivera Brief History of the Twenty-first Century, we are in the midst of Association (1997- 1998) Senior Vice President and General Justice, Appellate Division, ‘Globalization 3.0,’ where individuals are globalizing. He goes Counsel, CB Richard Ellis 2nd Judicial Department on to state, "Globalization 3.0 makes it possible for so many Zachary W. Carter more people to plug and play, and you are going to see every U.S. Attorney, Eastern District of Hon. Luis Gonzalez Carol A. Robles-Roman color of the human rainbow take part." In this new world, the New York (1993-1999) Justice, Appellate Division, NYC Deputy Mayor for Legal Affairs idea that race, ethnicity or national origin will matter as much as 1st Judicial Department & Counsel to Mayor Michael R. it has in this country is to burden ourselves from seeing what is Nelson A. Castillo Bloomberg possible. President, Hispanic National Conrad K. Harper Minorities in America simply have no claim to some higher Bar Association President, New York City Bar Manuel A. Romero moral ground when compared with people in China, the Middle Association (1990-1992) President, Brooklyn Bar Association Pui Chi Cheng (2004 - 2005) East or Africa. Indeed, race, ethnicity and national origin must President, Asian American Joyce Y. Hartsfield be updated so that we free ourselves from the past and lead Bar Association of New York Executive Director, Franklin Williams Theodore M. Shaw America into the future. Commission on Minorities President and Director-Counsel, While the leaders of today are indeed shoulders to stand on, Hon. Denny Chin NAACP Legal Defense and they must grasp, as pointed out by Debra Dickerson in The End Judge, U.S. District Court, Abe Hsuan Educational Fund, Inc. of Blackness, that we need to groom leaders willing to look to the Southern District General Counsel, LinkShare limitless future and not to the hunched-over past. I am banking Hon. Sonia Sotomayor that will occur and so should America. Hon. Carmen Beauchamp Seymour W. James Jr. Judge, U.S. Court of Appeals, Ciparick President, Queens County Bar Second Circuit Judge, New York State Court Association (2001 - 2002) ANNUAL DINNER From Page 1 of Appeals Greggory Keith Spence Nadine C. Johnson Vice President and General Counsel, Education Fund; Casar A. Perales, Co-Founder and Executive Di- Hon. Barry A. Cozier President, Metropolitan Black The New School rector, Puerto Rican Legal Defense and Education Fund; and Hon. Justice, Appellate Division, Bar Association Peter Tom, Appellate Division, First Judicial Department. Several 2nd Judicial Department Kenneth G. Standard bar leaders were also honored, among them: Janet Alvarez, Presi- Robert T. Johnson President, New York State Bar dent, Puerto Rican Bar Association; Pui Chi Cheng, President, Hon. William J. Davis Bronx County District Attorney Association (2004-2005) Asian American Bar Association of New York; Julissa A. Gomez, Justice, Appellate Term, President, Dominican Bar Association; Conrad K. Harper, former 1st Judicial Department Meredith J. Jones Hon. Lucindo Suarez General Counsel, NYC Economic Justice, Appellate Term, 1st Judicial President, New York City Bar Association; Nadine C. Johnson, Hon. David N. Dinkins Development Corporation Department President, Metropolitan Black Bar Association; Theodore M. Mayor, New York City (1989-1993) Shaw, President and Director-Counsel, NAACP Legal Defense and James L. Lipscomb Percy E. Sutton Educational Fund; Manuel A. Romero, former President, Brooklyn Blair Duncan Executive Vice President and Manhattan Borough President Bar Association; and Lourdes M. Venura, President, Latino General Counsel, Upper General Counsel, MetLife (1966-1977) Lawyers Association of Queens County. Manhattan Empowerment Zone Catherine A. Christian, NYCLA Vice President, was the Dinner Development Corporation Loretta E. Lynch Larry E. Thompson Chair and Sylvia Fung Chin, Louis Crespo Ilarraza, William F. U.S. Attorney, Eastern District Senior Vice President and General Kuntz II and Glenn Lau-Kee served on the Dinner Committee. Hon. Fern Fisher of New York (1999-2001) Counsel, The Depository Trust & Founded 98 years ago as the “great democratic bar association Administrative Judge, Civil Court Clearing Corporation of the City,” NYCLA was one of the first county bar associations of the City of New York George W. Madison Executive Vice President and Hon. William C. Thompson in the country Ð and the first bar association in New York City Ð Ivan K. Fong General Counsel, TIAA-CREF Justice, Appellate Division, to admit members without regard to race, ethnicity, religion or Executive Vice President, 2nd Judicial Department (1980-2000) gender. In 1936, then NYCLA President George Z. Medalie, who Chief Legal Officer & Secretary, Car- LaBrena Martin was the first Jewish U.S. Attorney for the Southern District of dinal Health, Inc. Senior Vice President & Deputy Gen- Hon. Peter Tom New York, created the Committee on Civil Rights, a body that eral Counsel, RBC Financial Group Justice, Appellate Division, played a critical role in shaping anti-discriminatory legislation in Kirk G. Forrest 1st Judicial Department New York in the 1940s and beyond. Another milestone: in 1942, Vice President, General Counsel Eileen D. Millett then NYCLA President William Dean Embree appointed a com- & Secretary, Minerals General Counsel, Interstate Lourdes M. Ventura mittee that successfully petitioned the ABA to nullify its discrimi- Technologies, Inc. Environmental Commission President, Latino Lawyers natory policy banning black members. Association of Queens County From NYCLA’s Task Force to Increase Diversity in the Legal Margaret Fung Claude D. Montgomery Executive Director, Asian American Managing Partner, Salans Gregory H. Williams Profession, joint membership programs with minority bar associa- Legal Defense and Education Fund President, The City College of tions and Summer Minority Judicial Internship Program, to an Hon. Juanita Bing Newton New York array of pro bono programs and lecture series and forums that Deputy Chief Administrative honor jurists and women of color, the Association has maintained Judge for Justice Initiatives a tradition Ð inclusion of all who wish to join. NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 12

12 January-February 2006 / New York County Lawyer Speeches Delivered at NYCLA’s 91st Annual Dinner

Remarks of neighbors simply for being different, we need to make sure presentation, I speak on behalf of the entire Court of Appeals - that people everywhere get the message sent by our honorees. -Judges Carmen Ciparick, Albert Rosenblatt, Susan Read, Vic- Norman L. Reimer, It is a message that conveys an image of an America that truly toria Graffeo and Robert Smith. Every member of the Court is a model for the world. of Appeals is here tonight. NYCLA President When George Bundy Smith, Carmen Beauchamp Ciparick In tendering this privilege to me, Norman, you mentioned or Peter Tom issues an opinion, when Denny Chin presides that I had the most formidable task of the entire evening--and Good evening everyone. Welcome to the New York County over an important trial, when Michele Coleman Mayes or I agree. It’s not that a presenter would have a bit of difficulty Lawyers’ Association’s 91st annual celebration of our profes- George Madison takes a seat on a corporate board, when Mar- communicating that Judge Smith is worthy of this award. sion. Tonight, New York’s Chief Judge Judith S. Kaye, garet Fung or Cesar Perales brings an action attacking an in- Quite the contrary. It’s fear of inadequately conveying how NYCLA’s President-Elect, Dave Robertson, and I are sur- justice, when Herman Badillo takes a seat in Congress, when very deserving he is, how significant--indeed historic--his rounded on this dais by a most extraordinary gathering of Loretta Lynch, Zach Carter or Michael Garcia takes over a contributions have been throughout his lifetime and remain to lawyers of color. Isn’t this an amazing group? major prosecutor’s office, and when David Dinkins takes the this very day. This evening’s tribute is an occasion like no other. We oath as Mayor of America’s leading city, THE MESSAGE IS High points of Judge Smith’s life are outlined in your pro- come together to celebrate the progress we’ve made toward CLEAR. We succeed because we embrace our differences gram. And a video of his life recently produced by the Judi- inclusiveness, to thank and honor many of those who were rather than exploit them. It took far too long, but we have cial Friends has as its theme that George Smith--brilliant, trailblazers in this effort, and to rededicate ourselves and our learned at last that inclusiveness is the foundation of democra- committed, hardworking and humble--“has been the quiet, bar to the goal of cy, without which the house cannot stand. gentle wind beneath the wings of so many.” I want to steal achieving not just a Still, we cannot celebrate where we are without recogniz- shamelessly from both the program and the video--especially profession, but a soci- ing how far we have to go. After decades of effort, as our mi- its theme--beginning with Judge Smith’s arrival on Planet ety in which equal op- nority populations move into the majority, lawyers of color re- Earth, which was, by the way, immediately a double blessing. portunity is an every- main underrepresented, especially in roles of leadership. Even He arrived with a twin. day reality. here in New York, it is especially lamentable that in the past Judge Smith and his twin sister, District of Columbia Court Ninety-eight years decade, the number of lawyers of color on our appellate tri- of Appeals Judge Inez Smith Reid, were born in Louisiana and ago, a small group of bunals has not kept pace, even as the pool of talent has ex- with their brother Dr. white men got togeth- panded. And for all people of color, while the legal barriers Sidney Smith (a biolo- er to do the unthink- have fallen, the socioeconomic barriers persist. The opportuni- gist) grew up in segre- able. They formed the ty for a legal education is beyond the reach of too many Amer- gated Washington, County Lawyers - icans, especially those of color. D.C. George Smith’s NYCLA - a bar asso- As a career-long criminal defense attorney, I know all too early academic ciation that would be well how disproportionately and unjustly the burden of the na- achievements--and he open to all. They tion’s draconian penal laws and economic policies falls upon has had dozens more shared the revolution- the shoulders of minorities. Just look at the obscene magni- in his lifetime--includ- ary belief that any tude of our prison population Ð especially among nonviolent of- ed a scholarship to person capable of fenders. We cannot exult in the toppling of legal barriers to Phillips Andover gaining admission to equality if we continue to turn a blind eye to the everyday conse- Academy (where he the bar should have quences of policies that relegate huge segments of our nation to was the only African the chance to partici- a cradle-to-prison cycle of despair. American in the Class pate in the activities of the organized bar, regardless of race, From a judge whose heart aches when she must send of '55), then a bache- religion, gender or ethnicity. youngsters to prison, I recently learned of The Children’s De- lor’s degree from Yale NYCLA’s commitment to inclusiveness has been resolute fense Fund’s “Cradle to Prison Pipeline Project.” Just three University (where through the years - as many on this dais can personally attest. months ago, the Project found that 580,000 black men and there were only three These efforts continue today with our unique diversity state- 250,000 Latino men are in prison, while fewer than 40,000 other black students in ments, a long tradition of providing minority judicial intern- black men and 33,000 Latino men graduate from college each the entering class of ships and a brand new diversity initiative to be guided by one year. This is intolerable. It is shameful. It diminishes all of us. 1,000) and a law degree from the Yale Law School. of our honorees, Judge Juanita Bing Newton. As the guardians of our legal system, we have a responsibility Imagine the courage and the drive--let alone the phenomenal While proud of NYCLA’s heritage, even more importantly, to act. ability--it took for him to get into and then through, Andover on a night when we celebrate the entire New York legal pro- So let all of us in this great profession - regardless of prac- and Yale. Brilliant, committed, hardworking and humble. fession, we are most proud that every significant bar group, tice area or position - of every race, ethnicity and gender, em- While George Smith was preparing for finals in his second bar association and legal entity in our community, each in its brace the challenges that lie ahead. Let us use this moment of year of law school, William Sloane Coffin telephoned with an own special way, now displays an irreversible commitment to celebration as motivation to eschew complacency so that the invitation to join a select group to take a Freedom Ride from diversity. We salute all of them. We salute all of you. And diversity we embrace is not merely skin deep, but rather ex- Montgomery, Alabama to Jackson, Mississippi--plainly a risky you should salute yourselves. tends to the heart and soul of American society. venture. The first two buses that attempted the trip were We should remember, however, that we are at this point Let us draw inspiration from the example set by the stoned and burned. Judge Smith was to be on the third bus. due to the heroic efforts of men and women of courage who, lawyers on this dais and others throughout this room. And re- He accepted without hesitation. in the decades following World War II, forever changed Amer- member it was not bombs or bullets that brought us to this When the group arrived in Montgomery, the city was under ican society. Our opportunity to express our gratitude to them point, it was the law. It was the legal profession Ð of which martial law and needed National Guard protection. After a is fading with the inexorable march of time. For people of tonight’s honorees have been exemplary custodians -- that led strategy session with Dr. Martin Luther King Jr. and Reverend color, the civil rights movement was a life-and-death struggle the way to equal opportunity. It was OUR profession and we Ralph Abernathy, and prior to boarding the bus the next morn- to end oppression and achieve a fair shot at the “American should be proud of it! ing, the group stopped for coffee at the lunch counter in the dream.” For others, some of whom joined the effort at risk to NYCLA is honored to salute these outstanding giants of the station. Judge Smith remembers receiving a cup of coffee, but personal safety, political standing or reputation, it was a strug- law and all Jurists and Lawyers of Color. I thank all of you for never tasting it. He and ten others were arrested, jailed, tried gle to eradicate the greatest stain and shame of our national being a part of this tribute. and convicted for breach of peace and unlawful assembly. In- history. For still others, like myself, that movement instilled a deed, a little Googling can get you George Smith’s mug shot-- lifelong belief in the Law. a pretty good likeness to this day, I must say--except that it's It has been a long and arduous journey. Thirty years ago, Remarks of missing George's magical, light-up-the-world smile. Ulti- when I became a lawyer, you could not have filled a dais like mately, some years later, the United States Supreme Court re- this. We can do it now because of the determination of count- Hon. Judith S. Kaye, versed those convictions. That got a smile, I'm sure. less lawyers from every segment of the profession. Many of I mention Judge Smith’s role in these historic events for those pioneers and their direct successors are included among Chief Judge of the State of several reasons. First, given his modesty, humility and utter the remarkable men and women on this dais and in this room. selflessness, I suspect that much of this audience has never be- They know that an inclusive legal profession is vital. They New York fore heard about that part of his life. Second, it seems espe- understand that a judiciary and a bar that exclude whole cially appropriate to tell that story tonight. For so many of us groups of our citizenry cannot foster confidence, respect or Presentation of the William Nelson Cromwell here--starting with County Lawyers' President Norman hope for a better future - that without lawyers of all back- Award to George Bundy Smith Reimer--those Freedom Rides, those early days of the civil grounds and judges of all cultures, the people will lose faith in rights movement, were the source of our inspiration to become our system of justice. Those we celebrate tonight made sure Thank you Norman Reimer, thank you County Lawyers’ lawyers. Judge Smith is indeed the quiet, gentle wind beneath that did not happen. Association for the extraordinary privilege of presenting the the wings of so many of us. We send soldiers around the globe to stand up for democra- William Nelson Cromwell Award to our treasured colleague, And finally, I mention this as an early example of his com- cy. We send diplomats to every capital in the world to press Senior Associate Judge George Bundy Smith. In making this mitment to pursuing, securing and assuring fairness, inclusive- for pluralism. But in a perilous world where people kill their ness and equal opportunity for all, a commitment expressed NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 13

January-February / New York County Lawyer 13

throughout his exceptional career, from his early days with permit me, as a person who has been a judge for the last 30 before his court. A woman of color in a world of men who the NAACP Legal Defense Fund, throughout his administra- years, to say a few more words. lacked it, she earned her right to assert that powerful voice in tion of the Model Cities program, throughout his judicial From the time that I was a youngster growing up in a designing and executing the strategy that lead to victory in clerkships, throughout three decades of exemplary judicial racially segregated Washington, DC, I considered becoming a Brown v. Board of Education. service, including 13 absolutely spectacular years as a Judge judge in order to try to render justice that many of us felt was Then consider the word ‘Honorable.’ She personified it. of the State's highest court. too often denied. During the last number of years, I have Whether in court or as an elected legislator or as the first Yes, brilliance, humility, dedication, commitment--com- been fortunate to sit on a court presided over by Chief Judge African-American woman to hold the position of Borough mitment to his church; to his family, most especially his wife Kaye, certainly one of the greatest jurists of our time. As the President, or as the first African-American woman to become Dr. Alene Smith, to his children, George Jr. and Beth Beatrice, Chief Judge of the State of New York, she administers an a member of the United States District Court for the Southern and to his family of terrific Law Clerks; commitment to prin- array of courts and judges that are among the best in our District of New York, she demonstrated class and style, ciple, especially the principle that each case before him will country. But a good system can always be made better. The emerging as Chief Judge and receiving more than 33 hon- be decided fairly and correctly, with no preconceived agenda; judicial system of New York will remain at the forefront of orary degrees. commitment to the ideal and the reality of justice for all. judicial systems across the country only if bar associations Then consider the word ‘Constance.’ She truly was our I want to conclude this presentation with just a word about and lawyers and lay citizens work to keep it so. constant gardener: a caretaker with love for her distinguished George's constantly amazing work ethic. Talk about hard- Three things are essential if the New York State judiciary is family Ð her husband Joel, and her son Joel Jr. and for her working! Judge Smith is the last to leave our courthouse dur- to fulfill its role as one of the three branches of government beautiful grandchildren whom she truly adored. She was also ing Session, in the wee hours of the morning. Often, in Al- and remain at the forefront of the judiciary in our nation. our constant gardener, weeding out the poison of those who bany, we are greeted in the morning by emails and hand de- First, whether judges are elected or appointed, there must would seek to undermine our republic, whether they were liveries that have arrived from him at 1, 2, or 3 a.m.--except, continue to be screening committees made up of lawyers and hoods under sheets or hoods from our streets, constant in her of course, on days when he commutes between New York lay persons that examine the qualifications of prospects for fear of no group, of no man, of nobody. City and Albany in the dead of night so that he can teach his the bench. In this way, the public itself can participate and Then consider the word ‘Baker.’ A forceful woman who Criminal Procedure Law class at Fordham Law School. As become acquainted with those qualifications. combined complex ingredients from our complex history as the ultimate preparer in every case, he is never without briefs Second, if judges are to continue to be elected, there must she mastered realms to read--I suspect he’s hiding some reading material even be some type of public financing of judicial campaigns. With- of law, policy and here tonight. And he is an “easy mark” when asked to judge out my going into detail on how this would be accomplished, economics in order to yet another law school moot court competition, or advise yet public funding is essential if persons from all walks of life create a coherent another student journal or bar association, or help yet another are to aspire to the bench. Many judicial campaigns have be- body of decisions, youngster in need of guidance. come so expensive that qualified persons are afraid to even writings and public George Bundy Smith is, indeed, the gentle wind beneath enter the fray. remarks that com- the wings of so many of us. He is “the embodiment of un- Third, the attacks upon and treatment of judges must not prise her finely tuned selfish service to the legal profession and the community.” threaten the role of the judiciary as a separate and unique and fully baked intel- He is therefore the ideal recipient of the William Nelson branch of government. Many persons are concerned about the lectual legacy. Cromwell Award, which I am now delighted to present. growing attacks upon judges and courts in our state and coun- I stand to address try. We know that when the Federalist Papers were written, you in her memory, the judiciary was seen as a body that, by its reasoning alone, not because I was her Remarks of would be called upon to resolve some of the great legal con- colleague at the De- flicts of the day. The great legal issues of today and, no fense Fund as many Hon. George Bundy Smith, doubt, of tomorrow, will require the calm and deliberate con- of you were, nor be- sultation by jurists who come from different walks of life. cause I was her col- Associate Judge of the Moreover, attacks upon the judiciary are often verbal. league in judicial ser- Lawyers and judges expect review and criticism of their deci- vice as many of you New York State Court of sions. This is the nature of judging, as we know it. But we were, nor because I Appeals cannot allow criticism of the judiciary to erode the confi- clerked for her as many of you did. I stand to address you be- dence the State and nation have in its judiciary. Nor can we cause on the very day I became a partner in July of 1987, allow judges to be singled out as persons who do not need Judge Motley published a letter in the New York Law Journal. Recipient of the 2005 William Nelson even a cost-of-living adjustment to their income. There may The letter responded to a comment by a sitting United States Cromwell Award be judges who do not need the income. But that is not the sit- Senator that he would be pleased to consider people of color uation in the vast number of cases. for certain federal positions, but had no working list. Judge I am honored to receive this award from the New York In sum, whether judges are chosen with the aid of appro- Motley provided him with that list but she did something County Lawyers’ Association. My thanks to President Norman priate screening committees, whether persons of all walks of else, something extraordinary Ð she actually published that Reimer, to everyone responsible for giving me this award and life can aspire to the bench because public funding is in list on the front page of the New York Law Journal. Would it for the evening. My appreciation also goes to Chief Judge place, or whether attacks upon or treatment of judges threat- surprise you to know that the list included now Judge Parker? Kaye and my colleagues on the Court of Appeals who honor ens the judiciary itself are matters that the New York County Now Judge Batts? Now Judge Daniels? Would it surprise you me with their presence today. Lawyers’ Association, other bar associations, lawyers and lay to know that every lawyer on that list directly benefited from In accepting this award, there are many people whom I persons must take seriously if the judiciary, as contemplated her kindness that day? would like to thank. At the top of the list are my late mother by the Founding Fathers, is to survive. Of course not, because each of you knows what the Sen- and my wife of over Once again, I thank the New York County Lawyers’ Asso- ator knew: that you ignore the words of Judge Motley at your 41 years, Alene. ciation for selecting me for this Award. I will cherish it. And I peril. And I assure you that every lawyer on that list knew When I graduated accept it with the reminder that so many persons who went be- that she or he had better prove worthy or else! You see, those from law school in fore me had a vision that one day, the members of the bar in generous words of praise and approval were not merely to in- 1962, I began working our country would include people of all backgrounds and on form the Senator but to inspire and challenge those listed. for the Legal Defense all levels of the legal profession. The fight is not over. But for She was not only watching the Senator, she was watching and Fund of the NAACP. the part played by this Association and on behalf of all of us watching over each of us. My immediate mentor whom you honor this evening, thank you. And so I offer this brief, if admittedly partial, response to and supervisor was the question presented: What is in a name? When we reach Constance Baker Mot- those pearly gates, I see Judge Motley guarding them as she ley. Over the years Remarks of consults another list. The question will then become: Are you she aided me and and I on that list? Will we have learned her lessons, followed steered me to the William F. Kuntz II, her example, served justice? I hope so. That we shall not look study of law. The upon her again is our loss. That we were blessed to have her judges for whom I Baker & Hostetler walk among us was God’s gift. That she now looks down us clerked Ð Jawn San- is our prayer. difer, Edward Dudley Remembrances of the Hon. Constance Thank you, Your Honor. Your court is adjourned. and Harold Stevens Ð Baker Motley were instrumental in aiding my ascent to Shakespeare posed the question: What is in a name? Well, the bench. It was Bor- when that name is the Honorable Constance Baker Motley, ough President Percy Sutton, one of the people whom you the answer is complex. honor tonight, who was largely responsible for seeing that I be- First of all, she was not a Constance Baker Motley, she came a judge. And Mayor David Dinkins was largely responsi- was the Constance Baker Motley Ð singular, powerful, ble for seeing that I was nominated to the Supreme Court. unique, focused Ð a brilliant law student at Columbia, an ap- Being a person of few words, it is possible for me to say pellate advocate so skilled that Justice William O. Douglas thank you with all the sincerity that I can and sit down. But proclaimed her one of the ten best advocates ever to appear NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 14

14 January-February 2006 / New York County Lawyer Law & Literature Committee to present Professor Lawrence Joseph with award

The Law and Literature Committee will present the Columbia Law Review symposium, "The Lawyerland Es- Professor Lawrence Joseph says," and is being developed into a film by John Malkovich. third NYCLA Law and Litera- Professor Joseph has He has been a member of the board of directors of Poets ture Award to Professor been a law professor at St. House, the Poetry Society of America and The Writer's Lawrence Joseph, a law pro- John's School of Law since Voice, and served on the PEN Events Committee. In 1994, he taught at Princeton University’s Council of the Humani- fessor and prolific writer, on 1987. He has taught courses and seminars in ties and Creative Writing Program. Tuesday, April 4, 2006 at 6:00 tort and employment law, PM at the NYCLA Home of jurisprudence and the legal Professor Joseph has also published and lectured exten- sively in the areas of labor, employment, tort and compensa- Law. The award, which recog- process. In addition to his academic career, Professor tion law, jurisprudence, law and literature, and legal theory. nizes a person’s contributions Joseph is an award-win- In 1989, he lectured on law and poetry in Jordan, Israel and to the fields of law and litera- ning writer; his poems, Egypt. ture, will be presented by prose, essays and criticism have appeared in both na- Professor Joseph began his legal career in Michigan, Daniel J. Kornstein, Chair of tional and international where he served as a law clerk to Justice G. Mennen the Law and Literature Com- publications and his work Williams of the Michigan Supreme Court. He also served as a Consultant on Tort and Compensation Law for the Michi- mittee. A reception and book has been widely antholo- gized. gan State Senate's Commission on Courts and as a Consul- signing will follow the award Photo: Robert Buchta tant for the Governor of Michigan's Commission on Workers' presentation. Professor Joseph is the author of five books of poetry, Compensation, Occupational Disease and Employment. most recently Into It and Codes, Precepts, Biases, and Taboos: Poems 1973-1993 (Farrar, Straus and Giroux, Sep- In 2003, he was named The Reverend Joseph T. Tinnelly, Prior recipients of the Law tember 2005). Among his awards are two National Endow- C.M., Professor of Law at St. John’s School of Law. A gradu- and Literature Award have ment for the Arts poetry fellowships, a fellowship from the ate of the University of Michigan Law School, he was an as- sociate at Shearman & Sterling before embarking on an acad- been Louis Auchincloss and John Simon Guggenheim Memorial Foundation and the Agnes Lynch Starrett Poetry Prize. His prose book, Lawyer- emic career in New York. Professor Joseph is the former Louis Begley. land (Farrar, Straus and Giroux, 1997), was the subject of a Chairperson of the Association of American Law School's section on Law and Interpretation.

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January-February / New York County Lawyer 15 J ANUARY AND FEBRUARY CLE PROGRAMS Wednesday, January 11 Thursday, February 2 6:00 Ð 9:00 PM 6:00 - 9:00 PM ETHICS FOR THE LITIGATOR GETTING STARTED IN ELDER LAW 3 MCLE Credits: 3 Ethics/Professionalism; 3 MCLE Credits: .5 Ethics, 1 Skills, 1.5 Professional Transitional Practice; Transitional Registration Fee: Registration Fee: Member: $125 Member: $125 Non-Member: $165 Non-Member: $165 Thursday, January 12 Tuesday, February 7 6:00 Ð 9:00 PM 6:00 Ð 9:00 PM ANATOMY OF A DEPOSITION CO-OPS AND CONDOS – A PRACTICE GUIDE FOR 3 MCLE Credits: 3 Skills; Transitional THE NEW YORK ATTORNEY Registration Fee: 3 MCLE Credits: 1 Skills; 2 Professional Practice; Member: $125 Transitional Non-Member: $165 Registration Fee: Member: $125 Tuesday, January 24 Non-Member: $165 6:00 Ð 9:00 PM Tuesday, February 14 FORMING THE NEW YORK LIMITED LIABILITY COMPANY 6:00 - 9:00 PM 3 MCLE Credits: 1 Skills; 2 Professional Practice; VIDEO REPLAY: ETHICAL CONSIDERATIONS Transitional IN INTERNATIONAL TRANSACTIONS Registration Fee: 3 MCLE Credits: 3 Ethics/Professionalism; Member: $125 Non-Transitional Non-Member: $165 Registration Fee: Member: $95 THAT’S WHAT WE DO, EVERY DAY.® When your workload Wednesday, January 25 Non-Member: $125 exceeds your workforce, Special Counsel has the answers. Leading law firms and corporate legal departments have come to rely on our 6:00 Ð 9:00 PM (212) 218-7155 Wednesday, February 15 full range of legal workforce solutions. From temporary staffing to ROCK STARS OF RAINMAKING IN THE LEGAL PROFESSION OR HOW TO ATTRACT CLIENTS 6:00 - 9:00 PM direct hire, and with leading edge solutions such as our Concise® (800) 737-3436 3 MCLE Credits: 1.5 Skills; 1.5 Law Practice PROCEDURES AND TECHNIQUES FOR Deposition Summary Service, we handle it all. We do it by COLLECTING AND ENFORCING MONEY specialcounsel.com Management; Transitional containing costs so you can grow your bottom line. Call us today and JUDGMENTS IN NEW YORK Registration Fee: find out how we can do it for you. Member: $125 3 MCLE Credits: .5 Ethics; 1.5 Skills; 1 Professional Non-Member: $165 Practice; Transitional Registration Fee: DID YOU KNOW that Special Counsel now offers medical document Member: $165 Thursday and Friday, Non-Member: $205 review services? Legal Nurse Services has qualified professionals January 26 & 27 on call. Call toll-free today for information. 1-888-58-NURSE 9:00 AM Ð 5:00 PM Tuesday, February 21 (1-888-586-8773) 28TH ANNUAL CRIMINAL TRIAL ADVOCACY 6:00 - 9:00 PM INSTITUTE WILL DRAFTING 101 16 MCLE Credits: 3 Ethics, 6 Skills, 2 Law Practice 3 MCLE Credits: 2 Skills; 1 Professional Practice; Management; 5 Professional Practice; Transitional Transitional A Member of the MPS Group Registration Fee: Registration Fee: Member: $195 Member: $125 Non-Member: $275 Non-Member: $165 Monday, January 30 Monday, February 27 6:00 Ð 9:00 PM 6:00 - 9:00 PM HOW TO ASSERT OR RESPOND TO A FAIR ESSENTIAL LEGAL WRITING STRATEGIES USE DEFENSE IN THE ERA OF BRAND EQUITY FOR THE NEW YORK PRACTITIONER 3 MCLE Credits: 3 Professional Practice; 3 MCLE Credits: 3 Skills; Transitional Transitional Registration Fee: Registration Fee: Member: $125 Member: $125 Non-Member: $165 Non-Member: $165 Tuesday, January 31 Tuesday, February 28 6:00 - 9:00 PM 6:00 Ð 9:00 PM HOT TOPICS IN LANDLORD-TENANT LAW: THE EVOLVING ROLE OF FORENSICS 2006 UPDATE IN CUSTODY LITIGATION 3 MCLE Credits: 3 Professional Practice; 3 MCLE Credits: .5 Ethics; 2.5 Professional Practice; Transitional Transitional Registration Fee: Registration Fee: Member: $125 Member: $125 Non-Member: $165 Non-Member: $165

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NYSBA wins lawsuit over FTC enforcement of Gramm-Leach-Bliley Privacy Act

ALBANY, NY Ð DECEMBER 2005 Ð As a result of a lawsuit filed by the New York State Bar Association (NYSBA) against the Federal Trade Commission, a fed- eral appeals court has ruled the nation’s one million lawyers are not bound by the privacy and information-sharing requirements of a federal law.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the pri- vacy provisions of Title V of the Gramm-Leach-Bliley Act (GLBA), which requires financial institutions to send out notices to customers alerting them to the possibili- ty of disclosure of their personal financial information and providing methods for customers to “opt out” of the institution’s disclosure practices, do not apply to lawyers. Had the FTC’s ruling not been challenged, lawyers would have had to ad- here to the privacy provisions of the Act, including mailing detailed disclosures and opt-out instructions to clients regarding the lawyer’s information-disclosure prac- tices. Such a requirement would have been extremely burdensome for lawyers and confusing to clients, who rightly believe that their confidences are already protect- ed by their attorney’s ethical obligations. NYCountyLawyer_01_06.qxd 1/12/06 11:43 AM Page 16

16 January-February 2006 / New York County Lawyer

HOFSTRA UNIVERSITY SCHOOL OF LAW’S FAMILY LAW ESSAY CONTEST

Hofstra Law School and the Association of Family input from professors, judges and professionals in the Honorable Mention (up to 2): and Conciliation Courts (AFCC) are sponsoring the an- field are allowed but the author must research and write ¥ Certificate of Recognition as Honorable Mention nual Family Law Writing Competition for law students the entire article. Entries cannot be more than 25 dou- Winner to commemorate the establishment of Hofstra’s L.L.M. ble-spaced pages in length. Articles must be in 12-point ¥ Consideration for publication of the article in the program in Family Law. font with one-inch margins. Authors from the United Family Court Review, but preference given to first- States must comply with Harvard’s Blue Book, 18th prize winner Topics for Submission Edition. Authors from outside the United States must • Letter to the Dean of the student’s law school The subject of entries may be within any area of conform to the relevant legal citation format commonly ¥ $250 cash prize courtesy of the Center for Children, family law, although topics that focus on international used in that country and indicate the citation format Families and the Law at Hofstra Law School or interdisciplinary subjects of family law are especially used. encouraged. Articles should concentrate on a current Submission Process: legal issue and must have a strong foundation in legal Awards All submissions must be emailed as a Microsoft research. Use of interdisciplinary sources may also be First Prize: Word or PDF document to the Family Court Review at appropriate for many topics. Entries will be judged on ¥ Certificate of Recognition as First Place Winner [email protected]. Hard copies are allowed so long the quality of legal analysis, originality, depth of re- ¥ Consideration for publication of the article in the as you include three copies and a CD or disk with the search, timeliness, creativity and format. Family Court Family Court Review file but an email submission is preferred. If you mail Review’s Editors and a subcommittee of Editorial Board • Letter to the Dean of the student’s law school hard copies, please address them to: Members will evaluate all articles. ¥ One-year complimentary AFCC student member- Family Court Review ship, including a one-year subscription to the Fami- Attn: Writing Competition Manager Authorship ly Court Review OR Complimentary conference 121 Hofstra University Submissions must be the work of one person. No registration to AFCC’s 43rd Annual Conference Hempstead, NY 11549 joint authorships will be accepted, except articles writ- held May 31-June 3, 2006 in Tampa Bay, Florida Submissions must be received by March 15, 2006. ten jointly by a law student and mental health, social (does not include hotel, transportation and food) The winner will be notified no later than May 15, 2006. science or other relevant graduate student. Submissions ¥ $500 cash prize courtesy of the Center for Children, If you have questions, please contact the Writing must be originally argued and researched legal papers. Families and the Law at Hofstra Law School Competition Manager of Family Court Review at Hofstra Law School students are ineligible to partici- [email protected]. pate. Law students can be from any country. Advice and

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January-February / New York County Lawyer 17 J ANUARY AND FEBRUARY CLE TECH PROGRAMS

The Electronic Research Center serves as a training facility for the legal community.

Wednesday, January 11 1.5 MCLE Credits: 1.5 Law Practice Member: FREE LIVEDGAR: PRECEDENT RESEARCH Registration Fee: Management Non-Member: FREE & DRAFT PREPARATION Member: FREE 10:30 Ð 11:30 AM Non-Member: FREE Registration Fee: Note: CLE certificates will be issued to 1 MCLE Credit: .5 Skills, LEXIS ON THE WEB: BASIC LEXIS Member: $65 participants from the Westlaw offices. .5 Professional Practice; Transitional Non-Member: $85 Wednesday, February 22 1 MCLE Credit: 1 Skills; Transitional Registration Fee: Non-Legal Staff: $35 Thursday, January 26 10:30 Ð 11:30 PM Registration Fee: Member: $65 6:00 Ð 7:30 PM Non-Member: $85 Member: FREE Friday, January 20 LEXIS: LITIGATION Non-Member: FREE Non-Legal Staff: $35 10:00 Ð 11:00 AM ACCESSING LEGAL RESOURCES 1 MCLE Credit: 1 Skills; Transitional Note: CLE certificates will be issued to ON THE INTERNET: AN OVERVIEW participants from the LexisNexis offices. Monday, February 13 Registration Fee: SECURITIES RESEARCH ON 1.5 MCLE Credits: 1.5 Law Practice Member: FREE WESTLAW Management; Transitional 3:00 Ð 4:00 PM Wednesday, January 11 Non-Member: FREE EMPLOYMENT LAW ON Registration Fee: WESTLAW: INTELLECTUAL Note: CLE certificates will be issued to 12:00 Ð 1:00 PM WESTLAW Member: $65 PROPERTY RESEARCH participants from the LexisNexis offices. Non-Member: $85 BANKRUPTCY LAW WITH LEXIS Registration Fee: 1 MCLE Credit: 1 Skills; Transitional Member: FREE Non-Legal Staff: $35 Wednesday, February 22 1 MCLE Credit: 1 Skills; Transitional Registration Fee: Non-Member: FREE 12:00 Ð 1:00 PM Registration Fee: Note: CLE certificates will be issued to Tuesday, February 7 Member: FREE Non-Member: FREE Member: FREE participants from the Westlaw offices. 10:00 Ð 11:00 AM LEXIS: ADVANCED Non-Member: FREE Note: CLE certificates will be issued to 1 MCLE Credit: 1 Skills; Transitional Note: CLE certificates will be issued to Monday, January 23 WESTLAW: BANKRUPTCY LAW participants from the Westlaw offices. participants from the LexisNexis offices. Registration Fee: 11:00 AM Ð 12:00 PM 1 MCLE Credit: 1 Skills; Transitional Tuesday, February 14 Member: FREE Registration Fee: Non-Member: FREE THE LIFE OF A COMPANY ON Thursday, January 12 Member: FREE 6:00 Ð 7:30 PM Note: CLE certificates will be issued to 10:00 Ð 11:00 AM LIVEDGAR WITH GLOBAL Non-Member: FREE SECURITIES INFORMATION INTERNET LEGAL RESOURCES: participants from the LexisNexis offices. Note: CLE certificates will be issued to IMMIGRATION WESTLAW ON THE WEB: 1 MCLE Credit: .5 Skills, participants from the Westlaw offices. ADVANCED WESTLAW .5 Professional Practice; Transitional 1.5 MCLE Credits: 1.5 Law Practice Wednesday, February 22 Management; Transitional 3:00 Ð 4:00 PM 1 MCLE Credit: 1 Skills; Transitional Registration Fee: Tuesday, February 7 Registration Fee: Registration Fee: Member: $65 12:00 Ð 1:15 PM WESTLAW: BEGINNER Non-Member: $85 Member: $65 Member: FREE 1 MCLE Credit: 1 Skills; Transitional Non-Member: FREE Non-Legal Staff: $35 BLOOMBERG PROFESSIONAL: Non-Member: $85 Non-Legal Staff: $35 Note: CLE certificates will be issued to INTRODUCTORY CLASS Registration Fee: participants from the Westlaw offices. Monday, January 23 Member: FREE 1.5 MCLE Credits: 1 Skills, .5 Law Non-Member: FREE 3:00 Ð 4:00 PM Practice Management; Transitional Wednesday, February 15 Thursday, January 12 10:00 AM Ð 12:30 PM Note: CLE certificates will be issued to IMMIGRATION RESEARCH ON Registration Fee: participants from the Westlaw offices. 6:00 Ð 7:30 PM WESTLAW Member: FREE BANKRUPTCY COURT ELECTRONIC Non-Member: FREE FILING SYSTEM ACCESSING LEGAL RESOURCES 1 MCLE Credit: 1 Skills; Transitional Friday, February 24 ON THE INTERNET: AN OVERVIEW 2.5 MCLE Credits: 2.5 Skills; 10:00 Ð 11:00 AM Registration Fee: Wednesday, February 8 Transitional 1.5 MCLE Credits: 1.5 Law Practice Member: FREE 10:30 Ð 11:30 AM WESTLAW: NEW YORK Management; Transitional Non-Member: FREE Registration Fee: Member: $65 MATERIALS Registration Fee: Note: CLE certificates will be issued to LEXIS: BASIC Non-Member: $85 1 MCLE Credit: 1 Skills; Transitional Member: $65 participants from the Westlaw offices. 1 MCLE Credit: 1 Skills; Transitional Non-Legal Staff: $35 Non-Member: $85 Registration Fee: Non-Legal Staff: $35 Wednesday, January 25 Registration Fee: Member: FREE Member: FREE Thursday, February 16 Non-Member: FREE 10:30 Ð 11:30 AM Tuesday, January 17 Non-Member: FREE 10:00 Ð 11:00 AM Note: CLE certificates will be issued to Note: CLE certificates will be issued to participants from the Westlaw offices. 3:00 Ð 4:00 PM COMMERCIAL CONTRACTS & UCC WITH LEXIS participants from the LexisNexis offices. WESTLAW: LITIGATION SECURITIES RESEARCH ON 1 MCLE Credit: 1 Skills; Transitional Monday, February 27 1 MCLE Credit: 1 Skills; Transitional Wednesday, February 8 WESTLAW Registration Fee: 10:00 Ð 11:00 AM Registration Fee: 12:00 Ð 1:00 PM 1 MCLE Credit: 1 Skills; Transitional Member: FREE Member: FREE Non-Member: FREE WESTLAW: BUSINESS Registration Fee: Non-Member: FREE LEXIS: CRIMINAL LAW Note: CLE certificates will be issued to INFORMATION & NEWS Member: FREE Note: CLE certificates will be issued to 1 MCLE Credit: 1 Skills; Transitional Non-Member: FREE participants from the LexisNexis offices. participants from the Westlaw offices. 1 MCLE Credit: 1 Skills; Transitional Note: CLE certificates will be issued to Registration Fee: Registration Fee: participants from the Westlaw offices. Wednesday, January 25 Member: FREE Thursday, February 16 Member: FREE Non-Member: FREE Non-Member: FREE 12:00 Ð 1:00 PM 6:00 Ð 7:30 PM Wednesday, January 18 Note: CLE certificates will be issued to Note: CLE certificates will be issued to LEXIS ON THE WEB: BASIC LEXIS participants from the LexisNexis offices. INTERNET LEGAL RESOURCES: AN participants from the Westlaw offices. 10:00 AM Ð 12:30 PM OVERVIEW 1 MCLE Credit: 1 Skills; Transitional BANKRUPTCY COURT ELECTRONIC Friday, February 10 1.5 MCLE Credits: 1.5 Law Practice Tuesday, February 28 CASE FILING SYSTEM: HANDS-ON Registration Fee: 3:00 Ð 4:00 PM Management; Transitional Member: FREE 3:00 Ð 4:00 PM Registration Fee: 2.5 MCLE Credits: 2.5 Skills; Non-Member: FREE WESTLAW: INTERMEDIATE Transitional Member: $65 WESTLAW: ENTERTAINMENT LAW Note: CLE certificates will be issued to 1 MCLE Credit: 1 Skills; Transitional Non-Member: $85 Registration Fee: 1 MCLE Credit: 1 Skills; Transitional participants from the LexisNexis offices. Non-Legal Staff: $35 Member: $65 Registration Fee: Registration Fee: Non-Member: $85 Thursday, January 26 Member: FREE Member: FREE Non-Legal Staff: $35 Non-Member: FREE Tuesday, February 21 Non-Member: FREE 3:00 Ð 4:00 PM Note: CLE certificates will be issued to 10:30 Ð 11:45 AM Note: CLE certificates will be issued to participants from the Westlaw offices. Thursday, January 19 NEW YORK MATERIALS BLOOMBERG PROFESSIONAL: participants from the Westlaw offices. 6:00 Ð 7:30 PM RESEARCH ON WESTLAW INTRODUCTORY CLASS 1 MCLE Credit: 1 Skills; Transitional Monday, February 13 COMPUTER SKILLS: MICROSOFT 11:00 AM Ð 12:00 PM 1.5 MCLE Credits: 1 Skills, .5 Law OUTLOOK Registration Fee: Practice Management; Transitional

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18 January-February 2006 / New York County Lawyer

NEW YORK COUNTY LAWYERS’ ASSOCIATION ETHICS HOTLINE 2006 GROUP MENTORING PROGRAM The Committee on Profes- 6:00 - 8:00 PM sional Ethics sponsors an ethics hotline for dispensing Home of Law, 14 Vesey Street, New York advice over the phone to attorneys requiring quick guidance on ethical issues. April 26 Keeping Your Firm’s Financial Books

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By Subway: 2 and 3 to Park Place; The program is free and open to all NYCLA members. Pre-registration is required and will be accepted on a A, C and E to Chambers Street; first-come, first-served basis. To register, email: [email protected] or fax this page to: 212-406-9252. Entrance 4, 5 and M to Fulton Street. and facilities for people with disabilities are available. A ramp is provided for wheelchair access; please call 212-267-6646 at least one day in advance to make arrangements. Programs are subject to change. By Bus: M103 to City Hall; M1 and M6 to Fulton Street NYCLA GROUP MENTORING PROGRAM

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Learn Rainmaking from the Experts! Finding new clients and growing existing business relationships are skills essential to the success of any law practice. The CLE Institute is pleased to present Rock Stars of Rainmaking in the Legal Profession or How to Attract Clients on Wednesday, January 25 from 6:00 Ð 9:00 PM, bringing to- gether proven rainmakers from major law firms and an array of practice areas to provide attendees with methods and techniques for attracting clients. Visit our website at www.nycla.org for complete program information and to register online. NYCountyLawyer_01_06.qxd 1/12/06 11:44 AM Page 19 NYCountyLawyer_01_06.qxd 1/12/06 11:44 AM Page 20

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