NEW YORK CITY BAR Forty-Fourth Street Notes

MISSED OPPORTUNITIES By Barry Kamins, President

Highlights: his Association was founded in 1870 to confront the last twelve years. In his three terms as the a crisis of confidence in the judiciary. Over the appointing authority of New York’s appellate judges October 2006 Tpast one hundred and thirty-six years we have and of judges on the Court of vigorously argued that merit selection of judges is the Claims, Governor Pataki has best method of ensuring a strong judiciary. We have appointed only two African- The Miller Commission: also promoted increasing diversity on the bench at American and two Hispanic Improving Justice For both the state and federal levels because a sufficiently judges to the First and Second Children of Divorce and diverse judiciary enhances public confidence in the Departments and has never Separation: administration of justice. In the Governor’s recent appointed an African-American October 6, Page 5 selection of a judge for our state’s highest court, we judge to either the Third or believe that an opportunity to bolster these principles Fourth Departments. Of the approximately sixty current Forum: Re-Entry of was missed. Court of Claims judges, all appointed by the On August 18, 2006, Governor George Pataki nomi- Persons with Governor, one is African-American and one is nated Hon. Eugene F. Pigott to the New York State Criminal Records: Hispanic. Of the 305 judges in New York State he has Court of Appeals. Initially, it should be noted that October 18, Page 8 appointed during his tenure, only a handful are Justice Pigott is an excellent judge with impressive minorities. qualifications and a distinguished record as an appel- Take Control! Career late judge. However, it is also true that in failing to These statistics are even more troubling when one Planning for reappoint the Hon. George Bundy Smith, an equally considers that the First Department, which covers Junior Associates: excellent appellate judge with impeccable credentials, Manhattan and the Bronx has, according to the 2000 October 25, Page 9 the Governor has left the state’s highest court without Census, a minority population of 42% and 75%, an African-American judge for the first time in more respectively. In the Second Department, comprised Diversity Benchmarking than two decades. of ten counties, with half of the population of New York State, 45% of the residents are people of color. Reports Reveal Progress, The decision not to reappoint Judge Smith is even Notwithstanding these diverse populations, of the 38 Stagnation and Decline: more disappointing when one views it in the context of appellate justices in those departments, only four, or Page 12 the Governor’s record of judicial appointments over CONTINUED ON PAGE 4 CLE: UCLA Law Second CITY BAR, A FREQUENT FRIEND OF THE COURT Annual Institute on U.S., E.U. & Canadian Anitrust he Association and many of its committees have District Court (SDNY), while the other, ACLU v. Aspects of M&A: recently been active in filing amicus curiae briefs National Security Agency (NSA), was filed in the U.S. October 24 & 25, Page 15 Tat the local, state, national and international lev- District Court, Eastern District of Michigan. els. Through these briefs, our committees provide Both briefs argue that the practice of wiretapping CLE: UCLA Law Third their considerable expertise on some of the most time- privileged attorney-client communications in the ly and significant issues affecting the world today. The Annual Institute on name of national security—without a court warrant briefs take no position on the facts of a given matter, Corporate Goverance, and pursuant to undisclosed standards that are never but instead speak to the legal issues underlying the subjected to judicial scrutiny—chills a broad spec- Securities & Related case. Here are a few examples of briefs that the Aspects of M&A: trum of constitutionally protected speech, including Association has filed during the past few months. communications between attorneys and their clients. October 23 & 24, Page 15 Government Surveillance The briefs argue that the NSA Surveillance Program Two amicus briefs were filed in cases dealing with the Vol. 21, No. 8 should be enjoined because: (i) it fails to comply with U.S. government’s practice of wiretapping privileged the Foreign Intelligence Surveillance Act of 1978 communications. Submitted by the Committee on (FISA), which is the exclusive means by which elec- Civil Rights (Sidney Rosdeitcher, chair) and drafted by tronic surveillance may be conducted within the Cravath, Swaine & Moore, one brief, Center for United States; (ii) in FISA, Congress lawfully circum- Constitutional Rights v. Bush was filed in the U.S. scribed the President’s Article II powers; CONTINUED ON PAGE 4 A publication of The Association of the Bar of the City of New York 1 COMMITTEE REPORTS — OCTOBER, 2006

Contents Employee Benefits to discourage his work for a client on whose behalf he had been scheduled to appear in court to discuss "Employer Stock Litigation: The Tension Between Missed Opportunities 1 controversial evidence suggesting possible govern- ERISA Fiduciary Obligations and Employee Stock ment involvement in two Moscow bombings. Since Ownership," a report. The recent litigation involving City Bar, A Frequent his arrest, Mr. Trepashkin has been held in a facility Friend of the Court 1 employer stock held in Eligible Individual Account with substandard conditions and has not been given Plans (EIAP) raises numerous issues for courts, plan appropriate care for existing physical conditions. Committee Reports 2 sponsors, plan fiduciaries and anyone with a personal The letter urges President Bush to raise Mr. or professional interest in U.S. employee benefits poli- Professional Development: Trepashkin's case with President Putin. Client Development is Achieved cy. These issues include: should the holding of Through a Variety of Approaches 3 employer stock in employee benefit plans be subject International Security Affairs to the same fiduciary standards as other plan invest- Calendar of Events 5-10 The Prevention and Prosecution of Terrorist Acts: A ments, to the standards set forth in the securities laws, Survey of Multilateral Instruments. This report sur- Thurgood Marshall Summer or to some other standards? And does, or should, veys the conventions on terrorism, the treaties that Law Internship Program 11 ERISA impose any special duty on a plan fiduciary require prosecution or extradition of suspected ter- who obtains non-public information about a compa- rorists and those that require other anti-terrorism State Attorney General Debate 11 ny's prospects in his or her role as a corporate officer? measures relating to financing and securing nuclear The report examines these issues and others, and Committees Seeking facilities. The report also looks at the anti-terrorism New Members 11 offers for consideration suggestions and recommen- efforts in the U.N. context, and the potential contri- dations that are based on experience in this field. bution of the International Criminal Court and Diversity: 2006 Benchmarking Family Court and Family Law other international tribunals to the prosecution of Reports Reveal Progress, suspected terrorists. Finally, the report describes the Stagnation, and Decline 12 Letter to New York City Administration for Children's array of international measures relevant to prevent- Services (ACS) expressing support for the agency's ing terrorist acquisition of weapons of mass City Bar Center for CLE 14-22 burgeoning collaboration with the Nurse-Family destruction. Third Annual Law Practice Partnership program. The letter specifically endorses Management Symposium 23 ACS's initiative to allocate monies from its preventive Military Affairs and Justice services budget to underwrite the cost of program Testimony before the U.S. Senate urging that it act Special Thanks from the support from the Partnership for pregnant teens in City Bar Justice Center 24 quickly, in light of the recent decision in Hamdan v. the agency's foster care population, and expresses Rumsfeld, to establish an expert panel with a man- hope that a collaborative effort with ACS will enable date to advise Congress and its committees about the Nurse-Family Partnership to flourish and expand the appropriate means to establish a military com- in the New York metropolitan area. mission system. The testimony points out that legis- International Human Rights lation authorizing the panel's creation and the Lesbian, Gay, Bisexual and Transgender Rights method of selecting its members would be relatively simple to draft, and once authorized, such a panel Amicus brief filed with the facilitation of the Vance Forty-Fourth Street Notes could begin its work without delay to provide Center for International Justice Initiatives in the Jayne Bigelsen Editor immediate useful advice and drafting assistance to Constitutional Court of Colombia urges that the Matt Kovary Associate Editor Congress. exclusion of otherwise qualified same-sex partners Curtis&Company Graphic Design from receiving the valuable partnership benefits Professional and Judicial Ethics Michael Silverstein afforded by la Ley 54 de 1990 violates the fundamental Production Assistant Formal Opinion 2006-3 concludes that a lawyer may constitutional principle of equality before the law. ethically outsource legal support services overseas to Adele Lemlek The brief provides an overview of the carefully con- Marketing Director a non-lawyer if the lawyer: (a) rigorously supervises sidered judgments other courts and adjudicative bod- the non-lawyer, so as to avoid aiding the non-lawyer Alison Fidler Advertising ies have reached when faced with similar questions. (212) 382-6753 in the unauthorized practice of law and to ensure Although these courts and international human rights Barbara Berger Opotowsky that the non-lawyer's work contributes to the Executive Director bodies represent diverse legal systems and cultures, lawyer's competent representation of the client; (b) Printed on recycled paper the brief notes, they have recognized that laws that preserves the client's confidences and secrets when discriminate against individuals or their relationships Forty-Fourth Street Notes (ISSN 10791019) is outsourcing; (c) under the circumstances described published monthly except July and August for on the basis of sexual orientation violate a fundamen- in this Opinion, avoids conflicts of interest when $25 per year by The Association of the Bar of tal right to equality and are a form of unfair discrimi- the City of New York, 42 West 44th Street, New outsourcing; (d) bills for outsourcing appropriately; York NY 10036-6689. Periodicals postage nation. paid at New York NY. Postmaster: Send and (e) under the circumstances described in this address changes to 44th Street Notes, 42 West International Human Rights Opinion, obtains the client's informed advance con- 44th Street, New York NY 10036-6689. For sent to outsourcing. subscription information, please call (212) Letter to President Bush expressing concern over the 382-6695. arrest and imprisonment of Mikhail Trepashkin, a NYC Bar Members: To change your address, please contact Russian lawyer. The letter questions whether Mr. (212) 382-6665 or [email protected] Trepashkin was arrested and imprisoned in an effort www.nycbar.org

2 www.nycbar.org CLIENT DEVELOPMENT IS ACHIEVED THROUGH A VARIETY OF APPROACHES

boards, and use these opportunities and their field." There can be many Hired Guns at a law Professional Development natural people skills to target those outside the firm, adds Leishman. Not only do they attract firm who may eventually bring in business. business but they contribute to the reputation of the firm. There are not too many Rainmakers out there, id-level associates are often so busy notes Leishman, with a given large firm having meeting their billable hours that only a few true Rainmakers. That’s because dur- they can’t imagine finding time for Brain Surgeon M ing the early years of an associate’s career at a client development. But it is just at this time firm, expertise and technical skills are more val- The Brain Surgeon is someone who does not that mid-level associates must start thinking ued than the relationship skills of a Rainmaker. bring in much new business but, because of about transforming themselves from workers "Firms need to make an effort to recruit, devel- their special talents and expertise, makes it to value-added associates with client develop- op and retain the Rainmakers," says Leishman. possible for colleagues in the other three prac- ment potential, says Timothy Leishman of tice styles to bring in new work. "The Brain Leishman Performance Strategy Inc., speaking Surgeon," explains Leishman, "is thinking to an audience of mid-level associates at the Point Person about the law all the time." They can often City Bar’s Professional Development Breakfast solve the unsolvable and help the firm develop Workshop, "Developing Professional and The Point Person is someone whose strength is its business in new and creative ways. Client Relationships." in relationship skills, and who focuses on current Typically, says Leishman, there are not many clients and developing new business from that Brain Surgeons in a firm. existing client. Leishman notes that the Point Types of Partners "The first thing for both lawyers and law firms “The early success of any lawyer has Identify Your Strengths to realize," notes Leishman, "is that business its roots in the natural strengths and There is room and need for all four styles in a generators come in different styles and there is talents of the lawyer...but whichever successful firm, says Leishman. The early suc- no one right way of doing business develop- style you fall into, there are key cess of any lawyer has its roots in the natural ment. Some partners succeed in finding new components of the other styles that strengths and talents of the lawyer. Therefore, clients by networking in the community while you can learn from.” it is important to rely on your strengths to others attract business with their leading repu- guide you up the ladder of success. By relying tations. It is important to look at yourself, on your natural abilities and strengths, things determine which style you fall into, and then Person often gives free advice to clients because will come more easily. leverage your skills," says Leishman. they want to make sure they are accessible to Each style pays attention to different things. The best way to determine your style is to think them. They visit their clients often and know the But whichever style you fall into, there are key about what you do with your discretionary client and the client’s industry well. components of the other styles that you can time. Are you more externally focused: do you According to Leishman, it can be more expen- learn from. It is important to remember to like to go out and meet people? Or are you sive for a firm to gain business from a new client step outside your comfort zone a little, said more internally focused, spending time culti- than it is to generate business from an existing Leishman. vating your existing relationships. Are your client. The value of the Point Person is that they relationship skills your strength, or do you rely If you are not the type that likes to network, cultivate ongoing relationships with the firm’s more on your expertise? think about what the Rainmaker would do in top clients. This is not to say the Point Person a social situation. Rainmakers often act like According to Leishman, there are two different can’t bring in new clients, but when they do it is hosts, say hello and goodbye to everyone, and types of people: those externally focused and often the result of earning the trust of someone introduce people to one another. those internally focused. "There are also two who works for an existing client, and then different areas people excel in, expertise and moves to another organization and turns to the Ask yourself, for example, what qualities does relationships. As you pair up the different Point Person for help. a Point Person possess that would be impor- groupings of these qualities you find that part- tant to your success. The Point Person is, ners fall into four basic practice styles, the above all, loyal to their client. So even if you Rainmaker, the Point Person, the Hired Gun, Hired Gun are not a Point Person, consider how you can and the Brain Surgeon." make your client the most important person Having a knack for winning new business from in your mind, says Leishman. new clients is what defines the Hired Gun. Going from a worker to a value-added client Rainmaker Unlike the Rainmaker, the Hired Gun does so based on a reputation as a specialist, rather than developer takes time, effort and persistence. The Rainmaker’s strength, says Leishman, is in through networking. "Hired Guns," Leishman By asking yourself and others for feedback networking. The Rainmaker has a knack for notes, "do whatever is necessary to build their about what qualities you should work on, winning new business from new clients public profile. They spend time on speaking Leishman maintains, you will give yourself the through networking. Rainmakers are always engagements, writing books and articles, and best chance to succeed with your own person- out at events, chairing meetings and sitting on participating in bar association activities -- any- al style. thing that builds them as an expert in their www.nycbar.org 3 MISSED OPPORTUNITIES... CONTINUED FROM PAGE 1 Marist Institute, asked registered voters to eval- appointive systems throughout the country, about 10%, are minority judges. uate the impartiality of the New York bench. there is an advantage given to incumbents who While 71% of registered voters throughout the have served with distinction. The New York The two minority judges appointed by the state felt that New York judges were basically process appears to be unusual in its failure to Governor to the Appellate Division, Second impartial, only 51% of African-American vot- give a sitting judge any advantage or accommo- Department are no longer on that court and ers felt that our judges were fair. dation for years of distinguished service on the two other minority appellate judges in the bench. When a judge has fulfilled his or her First and Fourth Departments (appointed by The Governor’s recent decision not to appoint responsibilities over a fourteen-year period, previous Governors) are over seventy years of Judge Smith also raises an issue that may not perhaps there should be a presumption that the age and thus ineligible for appointment to the have been contemplated by those who drafted judge will be reappointed. Doesn’t the judge Court of Appeals. Since appellate judges are the legislation enacting the twelve member merit such a presumption over others who have frequently selected as candidates for our high- Commission on Judicial Nominations. The not served on the Court? The failure to retain est court, this lack of diversity at the appellate Commission was created to implement the that judge sets a bad precedent and jeopardizes level will impact the pool of candidates avail- 1977 amendment to the State Constitution the integrity of the appointive process itself. able to the Commission on Judicial changing the Court of Appeals to an Nomination. With no pool of minority appel- appointive bench. Apparently nothing in the As we approach the election season and the end late judges, the Commission would need to rules gives any deference to a Court of Appeals of one Governor’s tenure, it is hoped that a new select a minority candidate from the trial bench judge who is seeking reappointment. When a administration will seriously consider diversity or outside the judiciary. Court of Appeals judge has completed his or in the judicial appointment process. It bears her fourteen-year term, in order to be reap- repeating that a sufficiently diverse judiciary Why is diversity so critical? Public confidence pointed, that judge must submit to the reminds all citizens that equal justice under the in our judiciary is diminished when the bench Commission process as if he or she had never law lives as a central principle in our truly does not reflect the diversity of the communi- sat on the Court of Appeals. In most diverse state and nation. ty it serves. A recent poll, conducted by the

A FREQUENT FRIEND OF THE COURT... CONTINUED FROM PAGE 1 argues that the district court did not abuse its discretion in enjoining oper- (iii) Congress’ enactment of the Authorization for Use of Military Force ation of New York's judicial nominating convention system and ordering Against al Qaeda did not overrule or modify FISA and thus does not direct primary elections as a temporary remedy. The brief goes on to urge legalize the NSA Surveillance Program; and (iv) the NSA Surveillance that the District Court and the Legislature should consider thoroughly all Program does not comply with the Fourth and First Amendments. available options, including improving the judicial convention system and, in what the City Bar would consider a more preferable option, moving to A few months later the Committee on Civil Rights filed a subsequent a merit-based appointment system. amicus in Center for Constitutional Rights v. Bush. This brief emphasizes that the government’s invocation of the state secrets’ privilege, in Equal Protection Across the Globe response to numerous lawsuits challenging illegal government activities, Equal rights for same-sex couples was the subject of amicus briefs filed is troubling and threatens to undermine the rule of law and the role of close to home and abroad. In New York, our committees on Sex and Law the courts and legislature in our system of checks and balances. The brief (Maria Cilenti, chair) and Lesbian, Gay, Bisexual and Transgender Rights also argued that the invocation of the state secrets’ privilege in these cir- (Lisa Badner and Allen Drexel, co-chairs) submitted amicus briefs in cumstances is unwarranted because the administration’s public state- Hernandez v. Robles and companion cases, which argued that same-sex ments provide all the information needed to determine the illegality of couples were unconstitutionally denied the right to marry in New York. the NSA Surveillance Program. The briefs identified the many instances where the law put same-sex part- ners and their children at a serious disadvantage as compared with oppo- Establishment Clause site-sex couples and their families. The New York Court of Appeals ruled The violation of the Establishment Clause was the focus of an amicus against our position, and we are now pursuing legislative action to achieve brief submitted by the Education and Law Committee (Jonathan equal rights for same-sex couples. Rosenberg, chair) and drafted with the assistance of Duane Morris LLP. It was filed in the U.S. Court of Appeals for the Second Circuit in Bronx Prepared jointly by the committees on International Human Rights Household of Faith v. Board of Education of the City of New York. The brief (Martin Flaherty, chair), and Lesbian, Gay, Bisexual and Transgender argues that the District Court's decision should be reversed and that the Rights, and drafted by Weil Gotshal & Manges LLP, an amicus brief was Department of Education should be allowed to enforce Standard filed by the City Bar in the Constitutional Court of Colombia. The filing Operating Procedure Sec. 5.11, which precludes parties from conducting of the brief was facilitated by the Vance Center for International Justice worship services in the New York City public schools. As the main pub- Initiatives. The brief urges that Colombia’s courts reconsider the question lic spaces at the school used by the appellant to conduct its worship ser- whether the definition of a domestic partnership as existing between a vices are available to only one group at a time, and usually only on man and woman is contrary to fundamental rights guaranteed by the Sundays, a message of favoritism and exclusivity is being conveyed which Colombian Constitution. can be seen as a demonstration of the city's endorsement of such activities. The brief argues that the exclusion of otherwise qualified same-sex part- As a result, the brief argues, this domination of the forum crosses a crit- ners from receiving the valuable partnership benefits afforded by a ical line: private religious speech, which might in other circumstances be Colombian Law (la Ley 54 de 1990) violates the fundamental constitutionally protected, has instead become governmental speech and Constitutional principle of equality before the law. The brief provides an therefore must be prohibited under the Establishment Clause. overview of the carefully considered judgments other courts and adjudica- tive bodies around the world have reached when faced with similar ques- Selection of Judges tions. The brief notes that although these courts and international human The City Bar submitted an amicus brief to the U.S. Court of Appeals for rights bodies represent diverse legal systems and cultures, they have recog- the Second Circuit in Lopez Torres v. New York State Board of Elections. nized that laws that discriminate against individuals or their relationships Submitted by the Task Force on Judicial Selection (Robert Joffe, chair), on the basis of sexual orientation violate a fundamental right to equality and prepared by Skadden Arps Slate Meagher & Flom LLP, the brief and are a form of unfair discrimination. 4 www.nycbar.org NEW YORK OCTOBER 2006 CALENDAR CITY BAR Unless otherwise noted, programs are free of charge; open to all members, their guests and the general public; and held at the House of the Association. Program information subject to change. Please check our Website at www.nycbar.org for the latest program information.

4 Wednesday, 6 pm integration of alternative dispute SHARON PRESS Bar, and a general overview of the resolution and parent education Director, Dispute Resolution many committees, services, and INTELLIGENT into the case management Center (Tallahassee, Florida) benefits our members enjoy. INTERVIEWING: process. We will also be review- Barry Kamins, the President of the IS THAT WHAT I ing empirical data on the needs of MARSHA KLINE PRUETT, City Bar, will give opening children of divorce and separa- remarks, then student members of REALLY LOOK LIKE? PH.D., M.S.L. tion and appropriate parenting Associate Professor in Law and the City Bar will discuss the bene- plans. Other subjects for discus- Psychiatry, Yale University School fits of membership including: par- Interviewing: a skill that can be sion include early screening, front of Medicine ticipation on committees, the City learned and must be practiced! As loaded services, and obstacles that Bar Justice Center, the Minority you prepare for your next job will be faced in implementing the HON. JANICE ROSA Fellowship Program, networking search, come learn how to prepare recommendations of the Miller New York State Supreme Court opportunities, and access to the for and practice your interviewing Commission. The participants in Justice, 8th Judicial District City Bar Library and Technology skills. In this program, you will be the conference will include law Center. During the program, given the opportunity to learn professors, judges, practicing HON. ROBERT ROSS committee members in atten- about different interviewing styles lawyers, mediators and other New York State Supreme Court dance will be invited to introduce and receive feedback (if you partici- ADR professionals, and mental Justice, Nassau County themselves and their respective pate in the mock interviews). health professionals familiar with committees. In addition, several the Miller Commission Report. HON. students who now sit on commit- Speakers: JACQUELINE SILBERMAN tees will discuss their experiences LORI FREUDENBERGER Speakers: Administrative Judge, New York as committee members. Assistant to the General Counsel, HON. JUDITH S. KAYE State Supreme Court, New York Brown Raysman Millstein Felder & Chief Judge of the State of New County, Civil Branch Opening Remarks: Steiner LLP York BARRY KAMINS HON. JEFFREY SUNSHINE President, New York City Bar MAUREEN M. REID HON. ANN T. PFAU New York State Supreme Court Director of Human Resources, First Deputy Chief Administrative Justice, Kings County Please RSVP at Clifford Chance LLP Judge, New York State Unified [email protected] Court System HON. SHARON TOWNSEND STEPHEN ROSEN, PhD Administrative Judge, New York Chairman, Celia Paul HON. SONDRA MILLER State Supreme Court, Erie County 10 Tuesday, Noon-2 pm Associates/Premium Career Director of the Office of Family Management for Attorneys Services, New York State Office of DANIEL WEITZ PUBLIC AFFAIRS Court Administration Coordinator of ADR Programs, JULIA HERR SMITH LUNCHEON New York State Office of Court President, Esquire Prep, LLC BARRY F. ARMATA Administration The Public Affairs Luncheon Armata & Davis, LLC (Bristol, Registration by September 29 is nec- Series features speakers who CT) Co-sponsored by: essary. The fee, which includes address matters of public interest. New York State Judicial Institute; refreshments, is $15. Please register The Luncheons provide a forum HON. JULIA DEWEY Hofstra University School of Law; online at www.nycbar.org to enable members of the Bar Chief Administrative Judge, Pace Law School Association to network, socialize Family Superior Court (New and discuss matters of interest. Haven, CT) For more information on 6 Friday, 8:30 am-4 pm The Luncheons are open to the the agenda, please contact public. HON. LEONARD P.EDWARDS Anne-Marie Jolly at THE MILLER COMMISSION: Judge-in-Residence, [email protected] Speaker: IMPROVING JUSTICE FOR Administrative Office of the MICHAEL R. GORDON CHILDREN OF DIVORCE Courts (San Francisco, CA) Chief Military Correspondent for AND SEPARATION 5 Thursday, 6:30 pm The New York Times; Co-Author, ROBERT EMERY Cobra II: The Inside Story of the This program will discuss changes Director of the Center for WELCOMING RECEPTION Invasion and Occupation of Iraq in the family law curriculum to Children, Families and the Law, FOR LAW STUDENTS incorporate changes in family law University of Virginia Dept. of practice and will explore the Psychology This annual event gives law stu- dents an introduction to the City www.nycbar.org 5 Topic: "The Iraq War: History & advisory opinion on nuclear power. After Hitler came to power, term benefits of establishing Prognosis" weapons of the International Hirschberg — a socialist and a Jew an HSA? Court of Justice, this program will — had to flee the Germany he had ■ What features should be consid- Luncheon Chair: address whether U.S. policy meets loved. He ended his days in New ered when opening an HSA? JEROME R. ROSENBERG the requirements of the Nuclear York, largely unknown to the pub- ■ How can HSA funds be used? Non-Proliferation Treaty and lic. Douglas Morris, a practicing ■ What happens to your HSA Luncheon Vice-Chair: other international law, and rec- criminal defense lawyer, legal histo- when you go on Medicare? EMILY CAMPBELL ommend steps for development rian, and author of Justice ■ Arguments for and against HSA’s of law and policy in this sphere. Imperiled: The Anti-Nazi Lawyer ■ HSA & HDHP Options available Co-sponsored by: Max Hirschberg in Weimar through the New York City Bar Committee on National Security & Speakers: Germany (University of Michigan Counter-Terrorism, Federal Bar RONALD BETTAUER Press 2005), vividly recreates the Speakers: Association, Empire State Chapter Deputy Legal Adviser, State atmosphere of Hirschberg’s historic ROY S. LYONS Department trial against Hitler and provides a Senior Vice President, Marsh Registration by October 6 is thoughtful analysis of its signifi- Affinity Group Services required to guarantee admission. PETER WEISS cance. Registrations received after October 6 President, Lawyers' Committee on SEAN TAHANY are subject to availability. The fee, Nuclear Policy Introduction: Large Group Sales Manager, Oxford which includes lunch, is $30. Please JUDGE DAVID G. TRAGER Health Plans register on page 10 or online at Judge, United States District Court, www.nycbar.org 10 Tuesday, 7-9 pm Eastern District of New York Please RSVP to [email protected] CROSSING SWORDS WITH Speaker: 10 Tuesday, 6-9 pm THE FÜEHRER: A JEWISH DOUGLAS MORRIS LAWYER CONFRONTS Assistant Federal Defender, Eastern 12 Thursday, 4-6 pm PRO BONO HITLER IN COURT District of New York IMMIGRATION ASSISTANCE PRO BONO Commentator: FOR DOMESTIC VIOLENCE The years after World War I in OPPORTUNITIES FOR JONATHAN BUSH SURVIVORS Germany were among the most IN-HOUSE COUNSEL Columbia Law School tumultuous in twentieth century This program will train volunteer European history. Germans This program will include a one- attorneys to help abused immigrant reacted in differing ways to their hour panel discussion on how to 11 Wednesday, 6 pm women and children obtain legal country’s new democracy, the develop a pro bono program, permanent residency in the United Weimar Republic. On the one including how to partner with out- States. Attorneys who attend this hand, a virulent and violent right- HEALTH SAVINGS side counsel and not-for-profit legal free training are required to provide wing wished to destroy it, spread- ACCOUNTS: DO THEY ADD service providers, and a one-hour pro bono case representation ing the canard that Germany had UP FOR YOUR FUTURE? CLE on ethical considerations for assigned by one of the sponsoring lost the war only because leftists in-house counsel who undertake organizations. 3 CLE credits are and Jews had "stabbed the nation Health Savings Accounts and their pro bono work. A reception will available for this training program. in the back." On the other hand, companion qualified high follow. In the event that an attendee does the new Republic had few brave deductible health plans have not fulfill the volunteer commit- defenders. Among them was Max become extremely popular as a way This program is dedicated to the ment, he or she will be charged for Hirschberg, a veteran who had of lowering health insurance pre- memory of Joan Guggenheimer, the cost of the program ($225 been awarded the Iron Cross for miums and building tax advan- former General Counsel of Association member, $335 non- fighting in the German Army taged accounts to be used for future JPMorgan Chase & Co. member). during the war and a lawyer who health care expenses. After attend- established himself as a leader in ing this seminar you’ll be able to Welcome: For more information, please call Munich’s criminal defense and determine if HSA’s can benefit you BARBARA BERGER Barbara Rodriguez at pro-Republic bar. In one high and your employees in 2007. OPOTOWSKY (212) 382-4711. profile case after another, he rep- Executive Director, resented prominent Social The seminar will review the follow- New York City Bar Co-sponsored by: Democrats in disputes involving ing: Sanctuary for Families who was responsible for starting Developing an In-House Pro the war and for losing it. In the ■ What is a Health Savings Bono Program and Accessing late 1920s, Hirschberg squared off Account (HSA)? Opportunities 10 Tuesday, 6:30 pm against Adolf Hitler himself in a ■ How do HSA’s and insurance hotly fought libel case. By the interact? Moderator: IS THE UNITED STATES IN time the Weimar Republic came ■ Who is eligible to open an HSA? KWANZA R. BUTLER COMPLIANCE WITH to its disastrous end in 1933, ■ What is a qualified high Director, Public Service Network, INTERNATIONAL LAW ON Hirschberg had been one of the deductible health plan? City Bar Justice Center ■ Does it matter when you open NUCLEAR WEAPONS? most important eyewitnesses to a thoroughly politicized judiciary an HSA during the year? that enabled the Nazis to rise to ■ What are the short and long In this 10th anniversary year of the 6 www.nycbar.org Speakers: MADELEINE SCHACHTER might be of interest to you, Admission is $10 at the door. For CAROL BOCKNER Vice President and Deputy including its historic and present more information, please call Director of Pro Bono Initiatives, General Counsel, Hachette Book role in upholding the rule of law. (212) 788-1093. City Bar Justice Center Group USA A reception will follow after the program so that you can share MARK O’BRIEN Co-sponsored by: your experiences with the New 16 Monday, 3-5:30 pm Executive Director, Pro Bono Net Pro Bono Net; New York State York legal community. We also Bar Association’s President invite former international ASSIGNMENT MADELEINE SCHACHTER Committee on Access to Justice; LL.M.’s to attend the program and OF RECEIVABLES IN Vice President and Deputy Greater New York Chapter of reception. CROSS-BORDER Association of Corporate General Counsel, Hachette Book TRANSACTIONS: US Group USA Counsel If you plan to attend, please email CONSIDERS [email protected]. WANJI WALCOTT Please RSVP by October 6 to Sara RATIFICATION OF Group Counsel, American Chang at (212) 382-6648 or UN CONVENTION Express Company [email protected]. 13 Friday, 6 pm The UN General Assembly BONNIE L. YEOMANS LAWYERS’ ORCHESTRA approved the Convention on the Vice President, Assistant General 12 Thursday, 6:30 pm PRESENTS “SONGS FOR Assignment of Receivables in International Trade several years Counsel & Privacy Officer, CA, BARITONE AND PIANO” Inc. WELCOMING PROGRAM ago. The US has signed, but not ratified the convention, which AND RECEPTION FOR This program will include works Ethical Considerations for INTERNATIONAL LL.M. requires five countries to adopt by Frederick Keel, Ralph Vaughan it for the Convention to take In-House Counsel Pro Bono STUDENTS Williams, Francesco Paolo Tosti, effect. This meeting will consid- Gastaldon, Ruggiero Leoncavallo, er whether the US should move Speakers: The Association welcomes inter- Giuseppe Verdi, Douglas Moore, toward ratification and whether, RUSSELL PEARCE national LL.M. students to a pro- Oley Speaks, and Meishu Kashima alternatively or concurrently Professor, Fordham University gram and reception. The pro- with Gary Giardina, Baritone; with the ratification process, School of Law gram will inform you about the Takemi Ueno, Piano. related amendments should be activities of the Association that made to the Uniform Commercial Code. The

GROW YOUR FUTURE WISELY When you’re ready for retirement planning, choose the program created by lawyers for lawyers, and run by experts. ABA Retirement Funds offers full service solutions including plan administration, investment flexibility and advice.

LEARN HOW YOU CAN GROW YOUR FUTURE WISELY Call an ABA Retirement Funds Consultant at 1-800-826-8901 www.abaretirement.com

For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Program consultant, call (800) 826-8901, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the New York State Bar Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 02.2006 www.nycbar.org 7 Convention would generally pro- JEFFREY TOOBIN SHARON M. McGOWAN TONY THOMPSON vide uniform legal rules for the Bestselling author, New Yorker Staff Attorney, ACLU Lesbian Clinical Professor, Re-Entry assignment of contractual rights staff writer and Senior Legal Gay Bisexual Transgender Project Clinic, New York University Law to payment arising out of com- Analyst, CNN School mercial and loan transactions if PAULINE PARK the assignment of receivables is Co-sponsored by: Chair, New York Association for GLENN MARTIN international. This meeting, con- Harvard Law School's Law & Arts Gender Rights Advocacy (NYA- Co-Director, National HIRE vened by the Association and sev- Initiative GRA) Network, Legal Action Center. eral other organizations, will give those active in transactions that FRANKLIN ROMEO ANNE SWERN would be affected by the 17 Tuesday, 6:30 pm Blackmun Fellow at the Center First Assistant District Attorney, Convention – primarily asset- for Reproductive Rights; former Kings County based lending, factoring, securiti- BUSINESS BASICS: Kirkland & Ellis Fellow, Lambda zation, project finance and debt LEGAL ISSUES Legal Defense and Education TRAINING SESSIONS: trading – a chance to learn more Fund about the Convention and discuss This seminar will discuss the five CRIMINAL JUSTICE 101: RAP its ramifications with representa- most critical legal issues for a MICHAEL SILVERMAN SHEET REVIEWS AND CER- tives of the US State Department. start-up business. The topics Executive Director & General TIFICATES OF RELIEF Please Note: This program will include: incorporation, partners Counsel, Transgender Legal The Bronx Defenders and Legal take place at the CitiCorp Center, & investors, commercial leases, Defense & Education Fund, Inc. Action Center 153 East 53rd St., 14th Floor financing, employees, and com- (Lexington Ave. & 53rd St.), pliance with regulations. At the Co-sponsored by: DENIALS OF APPLICATIONS Manhattan. conclusion of the formal presen- Lesbian/Gay/Bisexual/ FOR PUBLIC HOUSING tation there will be a question Transgender Issues Committee, City Bar Justice Center and Legal and answer period. Please Note: New York County Lawyers’ Action Center 16 Monday, 6 pm This program will take place at Association; LeGaL (The Lesbian, the Donnell branch of the New Gay, Bisexual & Transgender Law 3 CLE Credits will be provided CAREERS IN THE WORLD York Public Library at 29 West Association of Greater New and there is no fee for this pro- OF BOOK PUBLISHING 53rd Street, Manhattan. York) gram. To register, please send an email to Sara Chang at Come to a panel discussion and Speaker: [email protected] by Friday, Q&A session with lawyers who KEVIN DRAKEFORD 18 Wednesday, 3–6 pm October 13th. built successful careers in the Drakeford & Kane, LLP book publishing industry - as FORUM: Re-entry of Persons authors, in-house counsel, outside In conjunction with: with Criminal Records 19 Thursday, 12:30 – 2 pm counsel, and agents. Topics will Civil Court Practice Committee, include: how books get pub- New York County Lawyers’ This program will examine how SMALL LAW FIRM LUN- lished; what makes a bestseller; Association to promote the successful and CHEON the most interesting issues for productive re-entry and reinte- lawyers and authors in the indus- gration into society of persons NETWORKING AS A try today; and what you need to 17 Tuesday, 7-9 pm with criminal records. The pro- MARKETING TOOL know about working with gram will provide an overview of authors, publishers and agents. TRANSGENDER the issues and specific training to This is the second program of LEGAL RIGHTS handle two common legal prob- the three-part Marketing Series Moderator: lems facing persons with criminal which will discuss networking. THERESA PARK A panel discussion about current records. "Networking" went from buzz Literary agent and founder, The judicial, legislative, and political word to mainstream staple in Park Literary Group developments on the local, state, Welcome: any discussion of business. So and federal levels, affecting the BARRY KAMINS how does networking affect you Speakers: legal and civil rights of transgen- President, New York City Bar as a lawyer? Our panelists will JON P.FINE dered persons. examine what networking means Associate General Counsel, Moderator: for them as small firm practi- Amazon.com Moderator: ELLIS COSE tioners and how networking DONNA M. LEVINSOHN Author & Contributing Editor, helps their practices and can ROBERT F. LEVINE Warshaw Burstein Cohen Newsweek Magazine help yours. Founding Partner, Levine, Plotkin Schlesinger & Kuh, LLP & Menin Overview: Speakers: Speakers: DEBBIE MUKAMAL MARTIN S. KLEIN JAMES B. STEWART POOJA GEHI Director, Prisoner Re-Entry Kamerman, Meyrowitz & Bestselling author, New Yorker Staff Attorney, Sylvia Rivera Law Institute, John Jay College of Soniker P.C. contributor and Pulitzer Prize- Project Criminal Justice winner MAIA T. SPILMAN Law Office of Maia T. Spilman 8 www.nycbar.org The choice of New York Attorneys. Lawyer’s Professional Liability Insurance you can count on… from a company you can trust!

NYCBA-sponsored products for today’s USI Bertholon-Rowland legal professionals is the LPL Insurance Administrator for also include: the New York City • Disability Income Bar Association. • Workers’ Comp

USI Bertholon-Rowland Offers Competitive To learn more please contact us at and Comprehensive Lawyer’s Professional 800-727-2525 or visit our website Liability Insurance. www.brcorp.com/abcny

Registration by October 16 is nec- by all. How have alternative cer- Speakers: change the U.S. international tax essary. The fee for the luncheon is tification programs changed the VICKI BERNSTEIN, M.P.P. system from worldwide taxation $25 for members and $35 for non- landscape of education reform in Director of Alternative of income to exemption from members. Please register at page New York City? What are the Certification, New York City U.S. tax of business income 10 or online at www.nycbar.org. pros and cons of having teachers Department of Education earned abroad, offering his own from alternative certification pro- unique insight in this long- Supported by LexisNexis. grams teaching in the most diffi- IRIS CHEN, J.D.-M.B.A. debated subject. cult of New York City’s schools? Executive Director, Teach For How does the current regulatory America, New York City Office Welcoming Remarks: 19 Thursday, 7 pm framework affect the quantity BARRY KAMINS and quality of teachers reaching KAREN ZUMWALT, PH.D. President, New York City Bar PATHWAYS TO THE New York City’s students? Are Evenden Professor of Education, CLASSROOM: alternative certification programs Teachers College, Columbia Moderator: ALTERNATIVE TEACHER enough – or the right way – to University MARK STONE CERTIFICATION IN solve our teacher shortage prob- Holland & Knight LLP lem? These are some of the ques- NEW YORK CITY 24 Tuesday tions the program will address in Speaker: Program 6:30-7:30 pm seeking to present a diverse set of PAUL R. McDANIEL Over the last fifteen years, the Reception 7:30-8 pm pool of teaching candidates has opinions on this issue of vital James J. Freeland Eminent importance to the future of pub- Scholar in Taxation and drastically changed both in New HERMAN GOLDMAN lic education. This event will be Professor of Law, Levin College York City and around the coun- LECTURE try. Short-term, intensive alter- of interest to lawyers, educators, of Law, University of Florida and anyone interested in educa- native certification programs, TERRITORIAL such as Teach for America and tion reform. VS. WORLDWIDE 25 Wednesday, 6 pm the New York City Teaching Moderator: INTERNATIONAL TAX SYS- Fellows, now exist alongside tra- TAKE CONTROL! ditional teacher preparation pro- ELISSA GOOTMAN TEMS: WHICH IS CAREER PLANNING FOR grams embedded in undergradu- Education Reporter, The New BETTER FOR THE U.S.? ate and graduate schools of edu- York Times JUNIOR ASSOCIATES cation. This is a change that has Professor Paul R. McDaniel will been embraced by many, but not discuss the proposal of the The M&A associate who became President's Tax Reform Panel to General Counsel of the Boston www.nycbar.org 9 Red Sox? The former associate Moderator: global legal environment. Experts 30 Monday, Reception: 6 pm; working in a business develop- KATHY BRADY will lead interactive sessions deal- Premiere: 7 pm ment capacity for a hedge fund? Brady & Associates Career ing with such topics as the Or the former litigation associate Planners, LLC increasing importance of interna- “HITLER’S COURTS: working on high profile cases as tional courts, escalating tensions BETRAYAL OF THE RULE an Assistant U.S. Attorney? Speakers: between state sovereignty and OF LAW IN NAZI What’s your "dream job"? And do JASON M. BAN human rights, the reasons for and GERMANY” you know how to make it happen? Chief Compliance consequences of the U.S.'s chang- ing relationships with the rest of Officer/Associate Counsel, Laurus A documentary film by award- Whether you want to improve the world, and the importance of Capital Management, LLC winning directors Joshua Greene your odds at partnership or jump professional organizations in and Shiva Kumar presented by over to the business side, come holding a mirror to power. JEFFREY A. BRANDON Touro College Jacob D. learn the skills necessary to set Director, Waller Capital Fuchsberg Law Center and the yourself apart from your competi- Luncheon Address: Corporation New York City Bar. A question tion and position yourself to JOSE ALVAREZ and answer session along with achieve your goals. You’ll learn Hamilton Fish Professor of ALAN D. SURCHIN light refreshments will follow. self-assessment and career plan- Pittleman & Associates International Law & Diplomacy, ning tools from career manage- Columbia University School RSVP is required by calling (631) ment professionals and recruiters of Law; President, American JULIA HERR SMITH 421-2244 ext. 355 or e-mail who recruit for professional sports Society of International Law President, Esquire Prep, LLC [email protected] leagues, music and entertainment companies and top-tier financial Registration is free for NYC Bar firms. You’ll also hear from 26-28 Thursday-Saturday members, ILA members, members Save the Date lawyers who’ve used multiple tools of co-sponsoring organizations, and to reach their dream job goals. INTERNATIONAL LAW WEEK- for students. The cost for others is Wednesday END 2006 $50 payable in advance or at the November 1, 2006 This program is targeted to junior door. Complete registration infor- THE EVOLVING WORLD OF associates. Law students soon to mation is available at Third Annual Law Practice INTERNATIONAL LAW become junior associates are wel- www.ambranch.org. All payments Management Symposium come to attend. should be made out to James This three-day event will explore Lynch, ABILA Honorary Treasurer, Saturday the rapid evolution of public and Sobel & Company, 293 Eisenhower December 2, 2006 private international law and the Parkway, Livingston, NJ 07039. resulting consequences for the How to Become a Judge

October 2006 Registration Form

■ Public Affairs Luncheon – 10 Tuesday The fee, which includes lunch, is ■ $30 ■ Small Law Firm Luncheon: Networking as a Marketing Tool – 19 Thursday The fee for the luncheon is ■ $25 for members, ■ $35 for non-members.

Name

Company Number of Reservations

Address Total Enclosed $

Please charge to my ■ Mastercard ■ Visa ■ American Express

City State Zip Card Number

E-mail Expiration Date

Phone Signature Please return this form to: Meeting Services, New York City Bar, 42 West 44th Street, New York, NY 10036-6689. Please make checks payable to the Association of the Bar. If registering for additional persons, duplicate this form.

10 www.nycbar.org Photo: Rick Kopstein

State Attorney General Candidate Debate. The Thurgood Marshall Summer Law Internship Program, Class of 2006. three Democratic candidates for state attorney general – Barry Kamins (far left), President of the New York City Bar Association, congratulat- Andrew Cuomo, Mark Green and Sean Patrick Maloney ed 42 high school students who recently completed the Thurgood Marshall Summer – held court at the New York City Bar Association on Internship Program. Speakers for the program included Bronx County Supreme September 6, six days before the primary election, to Court Justice Sallie Manzanet (second from left), Cecilia Marshall, granddaughter of debate the issues and advance their campaigns before a Justice Thurgood Marshall (front row, second from right) and Chair of the Program’s full house of Association members and reporters. The Committee, Tamara Stephen (back row, second from right). Also pictured are early morning program was moderated by Barry Kamins, Matthew Seminara, Saperstein Fellow for the Program (back row, far right) and City Bar President, and Kris Fischer, editor-in-chief of the Mariann Owens, the staff coordinator of the Program (front row, far right). Every New York Law Journal, which co-sponsored the public summer, through the cooperation of participating legal employers, the internship debate with the City Bar. program provides paying summer jobs for qualifying students, opening the window to college, law school and a possible career in law.

COMMITTEES SEEKING NEW MEMBERS

Committee on Transportation Committee on Foreign and Comparative Law The Transportation Committee is looking for new members. The The Committee on Foreign and Comparative Law's current main committee's agenda includes the intersection of local transportation focus is on Chinese law, Russian law, and Islamic law. However the and homeland security, transportation aspects of various regional scope of the committee is broad and the focus constantly changes development projects, new technologies, the growing practice of pri- according to the interests of its members. Its October meeting will vate financing for public projects, and oversight of the region's public feature a presentation on Women's Rights and Slavery under Islamic transportation authorities. In addition, the Committee plans an Law. The Committee's upcoming events include a Great Hall Program indepth review of the cost-benefit methods that are now prevalent in on November 6 on The History and Development of Islamic Law, as evaluating transportation projects. Please contact Andrew Hayes at well as a CLE program in March on “Doing Business under Islamic [email protected], or telephone 212-554-3120 for Law.” The Committee is actively seeking committee members who more information. have Arabic or Mandarin proficiency, but welcomes all those with an interest in foreign law. To apply for membership, contact the Chair, Robert Michael, at [email protected]. Committee on Mental Health Law The Committee on Mental Health Law welcomes new members to Drugs and the Law Committee participate in its projects for the 2006-07 year. Primarily the Are you interested in the intersection between criminal justice Committee advocates in favor of legislative bills and other govern- and health care? Between international human rights and ment actions which would affect people with mental health disorders, narcoterrorism? Between public health and public order? including requiring equal mental health insurance coverage, and If so, you are invited to apply to join the Drugs and the Law eliminating solitary confinement for prisoners with mental illnesses. Committee. The Committee's broad scope of inquiry includes New This year the Committee is also co-sponsoring several programs, York State medical marijuana legislation, local policing policies, including a panel discussion on geriatric mental health issues. international drug control and counterterrorism, advances in The Committee frequently holds joint meetings with other medical research, and religious freedom. Contact Noah Potter, the committees to hear presentations by guest speakers on various topics. Committee Chair, at [email protected] to learn more. The Committee is seeking people who would like to work on its pro- jects, and looks forward to hearing from new members with new ideas. To apply for membership, contact the Chair, Ginger Trunkes, at [email protected].

www.nycbar.org 11 Diversity

openly gay attorneys are reported this year by The racial and gender diversity of General 2006 DIVERSITY signatory firms. Of the over 18,000 attorneys at Counsels in signatory corporations sur- signatory firms, 425 are counted as openly gay passes the Fortune 500. Compared to the BENCHMARKING (2.3%), compared to 272 (or 1.6%) in last Fortune 500, where 6% of General Counsels year’s study. The number of firms reporting at are minorities (29), the NYC Bar signatories REPORTS REVEAL least one openly gay attorney increased from 52 are ahead of the curve with triple the percent- PROGRESS, to 74. We attribute this gain, in part, to our urg- age, 18.8% (MCCA, 2006). With one-quarter ing of firms to solicit a more accurate count of of the top jobs in signatory law departments STAGNATION, AND diverse attorneys through a confidential and held by women (4), the signatories outper- anonymous survey. However, the reported form the Fortune 500, where 15% of general DECLINE numbers for attorneys with disabilities remain counsels (76) are women. largely unchanged.

Corporations and firms can learn from Benchmarking is a powerful tool to assess how Turnover Diminishes Women and Minority each other. Corporate law department signa- organizations are progressing towards their Representation Across Levels. For the first tories are faring better than firms with greater goals. The 2006 New York City Bar Diversity time, we collected data on turnover rates. At representation of women overall (44.2% vs. Benchmarking reports indicate that New York every level, racial/ethnic minorities have a 35.5%) and at all levels. Corporations are law firms and legal departments can be proud of higher turnover rate than their white counter- keeping pace with firms generally with regard progress in certain areas and need to intensify parts. The differential is the most pronounced to minorities (15.5% vs. 15.1%) and exceed their focus in others. The benchmarking reports for senior associates and special counsel. With firms at the upper tiers. are based on statistical information from 93 respect to gender, women associates have a New York City law firms and 15 corporate law However, firms are leading the way with somewhat higher turnover rate overall than departments, all of which are signatories to the respect to counting their openly gay attorneys men associates. The gender gap is greatest for Association’s Statement of Diversity Principles. (2.3% vs. 0.6%) and attorneys with disabili- mid-level associates where over 40% of women This is the second year we have collected data on ties (0.1% vs. 0.0%). Only three signatory cor- departed compared to over 30% of men. law firms and the first year for corporate law porations provided data on their openly gay departments. attorneys, and no companies reported attor- Corporate Law Department neys with disabilities. This data suggests that Key Findings: both corporations and firms have opportuni- Law Firm Key Findings: ties to learn from each There is more diversity Progress for New Women Partners. One of the other. in lower levels of signa- most encouraging developments since the last tory law departments “The 2006 New York Furthermore, there are study is the substantial increase in the propor- than in upper tiers. City Bar Diversity lessons to be learned in the tion of new women partners. In 2005, women Nearly one-fifth of the Benchmarking reports progress made for new represented 29.1% of new partner promotions, 4th level, or junior-most women partners. The data a marked improvement over 20.3 in 2003. indicate that New York attorneys, in signatory suggest that firms have Likewise, women represented 20.1% of lateral law firms and legal law departments are more work to do but are partner hires in 2005 compared to 12.8% in racial/ethnic minorities. departments can be proud on the right track with 2003. The proportion drops to of progress in certain areas regard to women. 11% for level 3 (manag- and need to intensify their However, much still needs ing attorneys) and 9.5% to be done to attract, Stagnation and Decline for New Minority focus in others.” for level 2 (Deputy retain, and advance Partners. Gains achieved by new women part- General Counsels). racial/ethnic minorities. It ners are not shared by racial/ethnic minorities, There is an upswing is time for firms, and the with minorities representing 7.4% of new part- with nearly one-fifth of signatory general coun- profession as a whole, to re-double their ner promotions in 2005 compared to 7.0% in sel positions occupied by racial/ethnic minori- efforts on this front. 2003. The proportion of minority lateral part- ties. ner hires actually decreased from the already The report captures the demographics of the low 5.5% to 3.2%. One-half of the bottom rung of signatory law New York offices as of January 2006. departments is comprised of women, dropping Individual organization data is kept strictly to 41.5% at the next level. Women represent confidential. To learn more about the diver- More Data Collected on Openly Gay one-quarter of the top two tiers in the law sity benchmarking studies or to download the Attorneys. One of the most gratifying departments. reports, visit www.nycbar.org. Please direct improvements is that almost twice as many questions to Meredith Moore, Director of the Office for Diversity, by e-mail to [email protected] or 212-382-6689. To collect comparable data across corporations with 2. Deputy GC/CLO, Division or Practice Head, Direct varying law department structures, we requested data Reports to GC/CLO for 4 levels with representative titles given: 3. Managing Attorneys, High Level Specialists 1. General Counsel (GC), Chief Legal Officer (CLO) 4. All Other Attorneys 12 www.nycbar.org What’s the only integrated solution that includes research, client development and practice management so it’s easier for your firm to reach new levels of excellence?

New ... LexisNexis Practice Advantage™ From LexisNexis® Total Practice Solutions

Take your firm to the highest level of excellence in the business and practice of law with the new LexisNexis Practice Advantage integrated solution. Increase productivity and profitability more easily with a single solution that gives you our exclusive research sources with powerful practice management capabilities and client development tools—all organized around the way you work every day.

• Manage cases, time and billing more efficiently with fewer errors • Grow your client base and existing business with powerful marketing tools from Martindale-Hubbell® products • Save, share and organize research results from exclusive sources including Shepard’s ® Citations Service • Save time and money by managing your business and practice of law in one place • Conduct investigations and manage effective discovery lexisnexis.com/excel Get The Advantage … LexisNexis Practice Advantage 877.810.5324

LexisNexis, the Knowledge Burst logo, Shepard’s and Martindale-Hubbell are registered trademarks and LexisNexis Practice Advantage AL9231 is a trademark of Reed Elsevier Properties Inc., used under license. © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. www.nycbar.org 13 CITY BAR CENTER FOR CLE OCTOBER 2006 CLE COURSE CALENDAR

Monday Tuesday Wednesday Thursday Friday 4 5 6 2 3 6-9 p.m. 9-5 p.m. RESIDENTIAL CLOSINGS: VIDEO REPLAY: HOT TOP- SOUP TO NUTS (DAY 2) ICS ON THE CURRENT 3 credits* LEGAL, TAX & ACCOUNT- ING ENVIRONMENT FOR Also on September 28th TAX-EXEMPT ORGANIZA- TIONS: WHAT YOU DON’T KNOW CAN HURT YOU 71⁄2 credits 9 10 11 12 13 9-12 p.m. 6-9 p.m. 6-9 p.m. ENVIRONMENTAL LAW: THE LAW, THE MEDIA & WHERE IS YOUR EVIDENCE? MAJOR RECENT YOUR CLIENTS HIGH TECH EVIDENCE, THE DEVELOPMENTS IN THE 3 credits* SECRETS IT MAY HOLD & THE EU: ESSENTIAL TOOLS PROSECUTORS & INFORMATION FOR DEFENSE ATTORNEYS NEED CORPORATE & TO ACCESS IT ENVIRONMENTAL 3 credits* ATTORNEYS 3 credits* 16 17 18 19 20 9-12:30 p.m. 6-9 p.m. 6-9 p.m. 6-9 p.m. FUNDAMENTALS OF TRUST HOT TOPICS IN ACCOUNTING INCOME & PRINCIPAL EMPLOYMENT LAW NEW ETHICAL RULES FOR RULES UNDER THE REVISED NEW LICENSING ESSENTIALS: WHAT NEW ATTORNEY ADVERTISING YORK STATE LAWS: ETHICAL & LIA- 3 credits* YORK PRACTITIONERS ARE COMING: LEARN BILITY ISSUES YOU NEED TO KNOW NEED TO KNOW ABOUT WHAT YOU SHOULD BE 4 credits* LEAVES OF ABSENCE, GEARING UP TO DO 6-9 p.m. SEXUAL ORIENTATION 3 credits* WILL THE DOJ THOMPSON MEMO- RANDUM SURVIVE? LEGAL & FAC- DISCRIMINATION, OVER- TUAL CHALLENGES TO THOMPSON TIME, RETALIATION & MEMORANDUM PROVISIONS MORE… 3 credits* 3 credits* 23 24 25 26 27 8:50 a.m.-7:45 p.m. (Part 1 of 2) 8:30-6 p.m. and 6-8 p.m. reception (Part 2 of 2) 8:50-5:30 p.m. (Part 2 0f 2) 6-9 p.m. 9-1 p.m. UCLA LAW THIRD ANNUAL INSTITUTE ON UCLA LAW THIRD ANNUAL UCLA LAW SECOND ANNUAL ESSENTIAL TRIAL SKILLS: ETHICAL ISSUES FOR CORPORATE, SECURITIES & RELATED INSTITUTE ON U.S., E.U. & INSTITUTE ON CORPORATE, ASPECTS OF MERGERS & ACQUISITIONS TIPS & TECHNIQUES TO INSURANCE INDUSTRY CANADIAN ANTITRUST ASPECTS SECURITIES & RELATED 19 credits* ENSURE YOU’LL SHINE IN PRACTITIONERS 6-8 p.m. OF MERGERS & ACQUISITIONS ASPECTS OF MERGERS YOU DON’T PRACTICE IN THE AREA OF 8 credits* COURT 4 credits* & ACQUISITIONS DOMESTIC VIOLENCE? WHAT DO YOU 6 credits* DO IF A CLIENT OR FRIEND CALLS WITH 6-9 p.m. 19 credits* A DOMESTIC VIOLENCE SITUATION? Also on November 2nd 2 credits* UPDATE 2006—CURRENT 6:15-7:15 p.m. (Part 1 0f 2) DEVELOPMENTS IN UCLA LAW SECOND ANNUAL INSTITUTE MATRIMONIAL LAW ON U.S., E.U. & CANADIAN ANTITRUST 3 credits* ASPECTS OF MERGERS & ACQUISITIONS 8 credits* 30 31 9-12:00 p.m. 9-5 p.m. HEALTH SAVINGS SPEAKING TO WIN: ACCOUNTS: WHAT THE ART OF ARE THEY, HOW DO EFFECTIVE SPEAKING THEY WORK & ARE FOR LAWYERS THEY A GOOD IDEA? 71⁄2 credits* 3 credits*

*This program provides transitional credit for newly admitted attorneys. 14 www.nycbar.org OCTOBER 2006 CLE CALENDAR

ANTITRUST This Institute provides an in-depth analysis of your client, or be critical to the success of your significant corporate, securities, and related prosecution. Criminal trial attorneys must **UCLA LAW SECOND ANNUAL issues arising in mergers and acquisitions. know the sorts of information being gathered INSTITUTE ON U.S., E.U., AND Each session is structured to provide an analy- and stored, how to interpret the data, and how CANADIAN ANTITRUST ASPECTS sis of important and current M&A issues by to legally obtain the information sought. some of the world’s most experienced M&A OF MERGERS & ACQUISITIONS lawyers, judges, governmental officials, and This program will address: investment bankers. M&A regulators from 24 Tuesday, 6:15 p.m. – 7:15 p.m. & several different countries, including France, ■ How internet archives function and 25 Wednesday, 8:50 a.m. - 5:30 p.m. Germany, and the UK, will be participating in whether they reliably archive the historical the program. On Monday evening, there will state of websites This Institute provides an in-depth analysis of be an Introduction to Basic M&A Legal ■ How the government and the defense the principal issues arising in antitrust merger Principles for attendees who are not experts in enforcement in the United States, the European should be authenticating computerized data this field. Union, and Canada. The sessions are struc- and handling chain of custody ■ tured to present a thoughtful analysis of the How to determine whether inculpatory or Program Chairs: most significant issues from experienced exculpatory e-mails and electronic docu- H. RODGIN COHEN antitrust lawyers and economists. Comments ments are authentic Sullivan & Cromwell LLP ■ will be provided by high-level DOJ, FTC, E.U. How to draft an affidavit in support of a and Canadian antitrust regulators. search warrant and the search warrant itself SAMUEL C. THOMPSON, JR. so that law enforcement officers can lawful- Professor & Director Program Chairs: ly access the computer files that contain the UCLA Law Center for the Study of Mergers ILENE KNABLE GOTTS relevant information and Acquisitions at the Wachtell, Lipton, Rosen & Katz ■ How to draft a subpoena containing the UCLA School of Law language and/or jargon that will produce SAMUEL C. THOMPSON, JR. the data relevant to your client’s defense Additional faculty to be announced Professor & Director ■ How to obtain the data collected by "GPS" UCLA Law Center for the Study of Mergers and other wireless technology and how that Co-Sponsored by the UCLA Law Center for and Acquisitions at the data could support a prosecution or defense the Study of Mergers and Acquisitions UCLA School of Law ■ How to assess a defendant’s claim that he did not intentionally browse or archive pic- Live Program: Additional faculty to be announced tures from child pornography websites and Member/UCLA Alum $695 how an internet user’s browsing history can Non-member $895 Co-Sponsored by the UCLA Law Center for be captured. the Study of Mergers and Acquisitions CLE Credit: Program Chair: 19 credits total: 15 professional practice/practice Live Program: ANDREA ZELLAN management, 3 skills & 1 ethics. This program Member/UCLA Alum $425 Brafman & Associates, P.C. provides transitional credit for newly admitted Non-member $495 attorneys. Moderator: CLE Credit: HONORABLE JAMES ORENSTEIN **This program is exempt from Passport series. 8 credits in professional practice/practice man- United States Magistrate Judge agement. This program provides transitional Eastern District of New York CRIMINAL LAW credit for newly admitted attorneys. Faculty: **This program is exempt from Passport series. WHERE IS YOUR EVIDENCE? DAVID FREY HIGH TECH EVIDENCE, THE Assistant District Attorney CORPORATE & SECURITIES SECRETS IT MAY HOLD & THE Chief, Computer & Technology TOOLS PROSECUTORS & Investigations Unit **UCLA LAW THIRD ANNUAL DEFENSE ATTORNEYS NEED Richmond County District Attorney's Office INSTITUTE ON CORPORATE, TO ACCESS IT SECURITIES AND RELATED ERIC FRIEDBERG ASPECTS OF MERGERS & 12 Thursday, 6-9 p.m. Stroz Friedberg LLC ACQUISITIONS Technological innovations hold information BRYAN GORCZYK and data that may be key to your defense of Forensic Concepts LLC 23 Monday, 8:50 a.m. – 7:45 p.m. & 24 Tuesday, 8:30 a.m. – 6:00 p.m. (Reception 6:00 p.m. – 8:00 p.m.) www.nycbar.org 15 JOHN HEINZ pany has fired all employees who in the gov- Program Chair: Detective Investigator ernment's view are not "cooperating." Finally, KIM SUSSER Queen’s County District Attorney’s Office the panel will discuss the initiatives within the Director, Matrimonial & Family Law Unit DOJ and Congress to modify the Thompson New York Legal Assistance Group CHARLES A. ROSS Memorandum provisions. Herrick Feinstein LLC Faculty: Program Chair: AMANDA NADEL CLE Credit: ANDREW WEISSMAN The Bronx Defenders 3 credits in professional practice/practice man- Jenner & Block LLP agement. This program provides transitional Former Enron Task Force Director LISA RIVERA credit for newly admitted attorneys. New York Legal Assistance Group Faculty: Live Program: MATTHEW FRIEDRICH CYNTHIA RUBIN Member $175 Non-Member $285 Principal Deputy Assistant Attorney General Flemming Zulack Williamson & Zauderer LLP Chief of Staff WILL THE DOJ THOMPSON Criminal Division, Department of Justice ELIZABETH SAYLOR MEMORANDUM SURVIVE? Emery Celli Brinckerhoff & Abady LLP LEGAL & FACTUAL CHALLENGES HONORABLE JOHN GLEESON PROFESSOR LISA SMITH TO THOMPSON MEMORANDUM United States District Judge Eastern District of New York Brooklyn Law School PROVISIONS Kings County District Attorney’s PAUL M. SMITH Prosecutor’s Clinic 16 Monday, 6-9 p.m. Jenner & Block LLP Family Justice Center

This panel will explore cutting-edge issues CHARLES A. STILLMAN SHARON STAPEL central to all those who represent corpora- Stillman, Friedman, & Shechtman Supervising Attorney tions and white-collar executives. In 2003, the Family / Domestic Violence Practice Department of Justice, in light of the spate of CLE credit: The Legal Aid Society corporate scandals commencing with the 3 credits in professional practice/practice man- demise of Enron in December 2002, imple- agement. This program provides transitional CLE credit: mented the Thompson Memorandum. It credit for newly admitted attorneys. 2 credits total: 1 credit in professional requires all federal prosecutors to consider a practice/practice management and 1 skills. series of factors in determining whether to Live Program: This program provides transitional credit for charge corporations for the actions of their Member $205 Non-member $315 newly admitted attorneys. employees. YOU DON'T PRACTICE IN THE Live Program: These mandatory guidelines have come under Member $175 Non-member $285 recent attack and have been the subject of AREA OF DOMESTIC VIOLENCE? WHAT DO YOU DO IF A CLIENT criticism in court and in Congress. In U.S. v. ENVIRONMENTAL LAW Stein, one provision of the Thompson OR FRIEND CALLS WITH A Memorandum regarding the payment of DOMESTIC VIOLENCE SITUATION? MAJOR RECENT DEVELOPMENTS attorney fees by a corporation for its employ- ees was held by District Judge Kaplan to be 24 Tuesday, 6-8 p.m. IN THE EU: ESSENTIAL INFORMA- unconstitutional under the due process clause TION FOR CORPORATE & of the Fifth Amendment and the Sixth Real Estate, Wills, Trusts, Elder Law, Housing, ENVIRONMENTAL ATTORNEYS Amendment. Guardianship, Personal Injury, or Employment Law - no matter your practice area, you never 10 Tuesday, 9- 12 p.m. This panel will examine the longevity and know when the issue of domestic violence may possible future impact of the "Thompson come up. This panel will provide a broad New and rapidly evolving environmental Memorandum." The panel will address, from overview of domestic violence and how to rec- mandates in the EU have brought environ- the perspectives of outside defense counsel, ognize the signs, as well as practical guidance mental compliance to the forefront of interna- in-house counsel, and the government, the regarding safety concerns, how to discuss the tional business practice. With globalization practical and legal issues raised by the issue without confrontation or avoidance, and and the continuing expansion of international Memorandum. In addition to analyzing the legal remedies relevant to your practice. trade and environmental requirements, no underpinnings of the legal attack on the Regardless of who you are advising, you will corporate, environmental, securities, banking Memorandum, the panelists will address how leave the evening with a step-by-step guide or insurance lawyer can afford to be unfamil- to defend cases in which the government is through this often tense and intimate conver- iar with these developments. This program relying on the Thompson Memorandum and sation, which is fraught with challenges and will examine the EU Emissions Trading how to develop the factual record to support a potential misunderstanding. Legal referrals Scheme to combat global warming, the challenge. The panel will explore other provi- and social service resources will also be REACH proposal for regulating hazardous sions of the Memorandum that may be sub- provided. chemicals, "whole facility" environmental per- ject to successful challenge. One such provi- mitting (IPPC), and the Waste Electrical and sion is that the government consider, in decid- Electronic Equipment (WEEE) directive mak- ing whether to indict a company, if the com- ing producers responsible for the recovery and 16 www.nycbar.org recycling of their electrical and electronic BERNICE K. LEBER SETH B. SCHAFLER products. Arent Fox PLLC Senior Counsel Chair, NYSBA Task Force on Lawyer Proskauer Rose LLP Program Chair: Advertising JOHN ROUSAKIS PHILIP J. STEVENS, ARM O’Melveny & Myers LLP JAMES W. PAUL ARM, Vice President Clifford Chance US LLP AIG Insurance Management Services Faculty: THOMAS BYRNE JEFFREY T. SCOTT P.BRUCE WRIGHT Chief Environmental Counsel Sullivan and Cromwell LLP LeBoeuf Lamb Greene & Macrae LLP Honeywell International Live program: Co-sponsored with The Insurance Federation K. RUSSELL LAMOTTE Member $235 Non-member $345 of New York, Inc. (IFNY) Beveridge & Diamond, P.C. CLE credit: Live program: KENNETH RIVLIN 3 credits in ethics. This program provides transi- Member of the City Bar/IFNY $235 Allen & Overy LLP tional credit for newly admitted attorneys. Non-member $ 345

Live program: ETHICAL ISSUES FOR INSURANCE CLE credit: Member $205 Non-member $315 INDUSTRY PRACTITIONERS 4 credits in ethics. This program provides tran- sitional credit for newly admitted CLE credit: 27 Friday, 9- 1 p.m. attorneys. 3 credits in professional practice/practice man- agement. This program does not provide transi- This program will address a number of the FAMILY LAW tional credit for newly admitted ethical issues encountered by attorneys who attorneys. practice in the insurance industry, whether in- UPDATE 2006-CURRENT house or as a private practitioner. The pro- DEVELOPMENTS IN ETHICS gram will be split to focus on insurance, rein- MATRIMONIAL LAW surance and other types of risk management NEW ETHICAL RULES FOR alternatives and their corresponding ethical 25 Wednesday 6-9 p.m. ATTORNEY ADVERTISING ARE considerations. Discussion topics will include: COMING: LEARN WHAT YOU ■ Attorney-client privilege and work product There have been recent significant develop- SHOULD BE GEARING protection of materials from underlying ments, including decisions rendered by all the UP TO DO litigations prior, during and after coverage courts, from the Supreme Court to the Court litigation of Appeals, and anyone dealing with a matri- ■ 19 Thursday, 6-9 p.m. When is the same counsel inappropriate for monial matter needs to know about them. the same insured ■ New rules have been proposed to govern Self-evaluation privilege and notice of cir- A panel of prominent attorneys and a sitting lawyer advertising in New York, and may be cumstance Judge, all who have been involved in many of implemented as early as January 2007. As law ■ Ethical considerations for risk retention the cases that will be discussed, will examine firms and lawyers themselves become increas- groups the impact of the latest changes on the follow- ingly global and advertising expands from the ■ Ethical considerations for reinsurance ing substantive issues: traditional print and media forums to the mediations and arbitrations. ■ Attorney Fees and Enforcement Issues Internet and blogs, modern marketing tactics ■ Equitable Distribution may in many ways be incompatible with the Program Co-Chairs: ■ Custody new advertising requirements. ROBYN S. CROSSON ■ Support Proskauer Rose LLP Join us to hear a panel of experts discuss how This program is intended for the seasoned the proposed rules would change the status CHARLENE C. MCHUGH matrimonial and family law practitioner inter- quo, the issues they raise, and what the rules Sidley Austin LLP ested in learning how recent decisions and might mean for you. Bring samples of your case developments are affecting the practice, materials and your questions. Faculty: as well as attorneys new to the practice who SUSAN E. GRONDINE need practical advice on how to handle a mat- Program Chair: Certified Arbitrator rimonial case. CAROL SCHIRO GREENWALD Boston, MA Professional Services Marketing Consultant Program Chair: ANDY HARLFINGER MICHAEL DAVID STUTMAN Faculty: Senior Specialty Claims Attorney Mayerson Stutman LLP WILL HORNSBY Travelers Property Casualty Corporation Staff Counsel Additional Faculty to be Announced. American Bar Association ROGER M. MOAK Certified Arbitrator Live Program: Member $195 Non-member $305 www.nycbar.org 17 CLE credit: ramifications for employers and consumers INTELLECTUAL PROPERTY 3 credits in professional practice/practice man- from both an operational and policy perspec- agement. This program provides transitional tive. This presentation will be of interest to all HOT TOPICS IN LICENSING credit for newly admitted attorneys. key participants in the process of considering and implementing HSAs, such as in-house 17 Tuesday, 6-9 p.m. HEALTH CARE counsel, employers, health plans, financial institutions and healthcare providers. This program will follow the negotiation of a HEALTH SAVINGS ACCOUNTS: hypothetical license agreement from the initial WHAT ARE THEY, HOW DO THEY Program Chair: negotiation through dispute resolution. WORK, AND ARE THEY A LINDA A. MALEK Among the topics that the panel will address Moses & Singer GOOD IDEA? are the goals of a licensing agreement and how they may differ depending on the degree of Faculty: 30 Monday, 9-12:00 p.m. maturity of the brand, the pros and cons of JAMES GANDOLFO different types of licensees, types of compen- Vice President In this program, prominent leaders in the sation arrangements, grants of rights for both PFPC Inc. healthcare industry representing payors, traditional and new media, quality control providers, financial institutions, and con- provisions, international licensing issues, and JAMES R. TALLON, JR. sumers will each explain how Health Savings enforcement and alternative dispute resolu- President Accounts (HSAs) will function under new tion. An experienced panel of in-house and United Hospital Fund of New York federal law and regulations. Each speaker will outside counsel will also bring you up-to-date cover his/her organization's role in the opera- on recent cases, pending legislation and other Additional faculty to be announced tion of such HSAs. The presentation will current legal issues in the licensing area. include an overview of the practical applica- Live Program: tion of HSAs for employers, and will also Program Chair: Member $215 Non-member $325 include a panel discussion of the viability of CLAUDIA RAY HSAs in the long-term and the challenges O’Melveny & Myers LLP CLE Credit: posed by asking consumers to make decisions 3 credits total: credit breakdown to be deter- regarding the cost allocation of their own Faculty: mined. This program provides transitional healthcare. The group will also consider JERRY CALABRESE credit for newly admitted attorneys. issues related to shifting of healthcare costs CEO, Lionel LLC from the employer to the consumer and the Chesterfield, MI “I can start Monday.”

You’ll find the right job on lawjobs.com, because it really delivers. Lawjobs.com offers rich content and thousands of targeted, current jobs

from across the nation. Plus, it’s the only legal career center backed by ALM, a leading legal media and information company. Look no further.

18 www.nycbar.org THEODORE C. MAX JILL L. ROSENBERG vides transitional credit for newly admitted Mintz, Levin, Cohn, Ferris, Glovsky Orrick, Herrington & Sutcliffe LLP attorneys. & Popeo PC PEARL ZUCHLEWSKI Live Program: SUSAN PROGOFF Kraus & Zuchlewski LLP Both days: Member of the City Bar or co-spon- Fish & Neave Intellectual Property Group soring organizations $355 Non-member $495 Ropes & Gray LLP Co-sponsored with the New York State Bar One day: Member $177.50 Non-member Association, Labor and Employment Law $247.50 REBECCA SANHUEZA Section Assistant General Counsel MEDIA Time Inc. Live Program: Member (City Bar or co-sponsoring organiza- THE LAW, THE MEDIA & Live Program: tion) $215 Non-Member $325 YOUR CLIENTS Member $205 Non-member $315 CLE credit: 11 Wednesday, 6-9 p.m. CLE credit: 3 credits in professional practice/practice man- 3 credits total: 11⁄2 skills & 11⁄2 professional prac- agement This program provides transitional In any age of 24-hour news cycles and satura- tice/practice management. credit for newly admitted attorneys. tion coverage, the media can make or break a case. The Law, The Media & Your Clients,a LABOR & EMPLOYMENT LAW LITIGATION seminar designed for both civil and criminal practitioners, will introduce the concepts and EMPLOYMENT LAW ESSENTIAL TRIAL SKILLS: TIPS & practices necessary to attract to and/or deflect ESSENTIALS: WHAT NEW YORK TECHNIQUES TO ENSURE YOU’LL attention from clients, cases and causes. PRACTITIONERS NEED TO KNOW SHINE IN COURT Led by an Emmy Award winning news produc- ABOUT LEAVES OF ABSENCE, er/attorney turned communications profes- SEXUAL ORIENTATION 26 & November 2, Thursdays, 6-9 p.m. sional, a nationally known reporter and editor with over a decade covering the law, and a liti- DISCRIMINATION, OVERTIME, Don’t miss this trial skills program which will gator with ample experience in the public eye, RETALIATION & MORE… explore various trial techniques. This two- the course will cover the subject from a variety evening program will provide you with the of perspectives. 18 Wednesday, 6-9 p.m. fundamentals involved in preparing for and conducting civil and criminal trials. In the Program Chair: Whether you are a general practitioner, an in- first evening of the program, the expert panel GORDON PLATT house generalist, or a full time employment comprised of judges and practitioners will Gotham Media Ventures lawyer, you should not miss this program. cover opening and closing statements, jury This program is a practical survey of the latest selections and in limine motions. In the sec- Faculty: developments in four core areas of employ- ond evening of the program, the panel will ALISON M. LYNN ment law that are rife with traps for unwary provide training on direct and cross examina- Television Producer New York lawyers: parental and medical tion of fact witnesses and expert witnesses, NBC News leaves; sexual orientation and gender identity depositions, interrogatories and demonstrative discrimination; minimum wage and overtime evidence. In this interactive program, the DIRK OLIN rules; and whistleblowing and retaliation. The panel of highly skilled litigators will conduct Director of the Institute of Judicial Studies faculty, some of the New York’s top employ- mock demonstrations of many essential trial Editor of Judicialreport.com ment law practitioners, will give you essential techniques. This program is designed for Institute of Judicial Studies tips about sometimes thorny issues that can- seasoned litigators looking to hone skills as not be ignored. well as those with less litigation experience. MARK S. ZAID Mark S. Zaid, P.C. Program Chair: Parts I & II are independent and it is not JUSTIN M. SWARTZ required that you attend Part I to attend and Live Program: Outten & Golden LLP benefit from Part II. Member $205 Non Member $315

Faculty: Program Chair: CLE credit: TARIK AJAMI VICTOR OLDS 3 credits in professional practice/practice man- Outten & Golden LLP Vice President & Senior Attorney agement. This program provides transitional Morgan Stanley credit for newly admitted attorneys. ALPHONSO DAVID Staff Attorney Additional faculty to be announced Lambda Legal CLE credit: ALAN M. KORAL 6 credits total: 3 credits in professional prac- Vedder Price Kaufman & Kammholz PC tice/practice management. This program pro-

www.nycbar.org 19 NON-PROFIT RANDOLPH MCLAUGHLIN At this seminar, you will participate in fun, Executive Director practical, improvisational exercises – to be VIDEO REPLAY: HOT TOPICS ON Hale House done in class and then at home – that will THE CURRENT LEGAL, TAX & enable you to improve on your own and con- ACCOUNTING ENVIRONMENT JOANN LUEHRING quer anxiety. Whether you are a trial lawyer Roberts & Holland LLP or simply have to give that occasional talk, FOR TAX-EXEMPT ORGANIZA- don’t miss this unique opportunity to TIONS: WHAT YOU DON’T KNOW ROBERT PIGOTT improve an essential skill. CAN HURT YOU Assistant Attorney General NYS Attorney General's Office You will learn: 3 Tuesday, 9-5 p.m. ■ Why lawyers are often poor speakers ADAM H. REISS, CPA ■ How to improve your voice, appearance This program will address the recent legislative Goldstein Golub Kessler LLP and delivery and Internal Revenue Service developments ■ How to write a speech or testimony affecting tax-exempt organizations, including: GERALD A. ROSENBERG and get your message across (a) recent legislative initiatives (both federal Assistant Attorney General ■ How to use humor in a beneficial way and New York State) designed to curb the NYS Attorney General's Office ■ How to respond to questions without non-charitable activities and practices of tax- hesitation exempt organizations (and their directors, DAVID A. SHEVLIN ■ How to deal with a hostile or indifferent trustees, and officers); (b) recent Internal Senior Counsel audience Revenue Service regulatory activity in the Simpson Thacher & Bartlett LLP "intermediate sanctions" area; (c) legislative ■ How television changes what you should do fallout from Hurricane Katrina; and (d) the PHILIP T. TEMPLE continued legislative and Internal Revenue McCarthy Fingar Donovan Drazen Program Instructor: Service efforts to close the "charitable funds" & Smith LLP pipeline to terrorist organizations. The pro- STEVEN STARK Former Lecturer on Law, Harvard Law School gram will also discuss accounting issues faced M. ANTOINETTE THOMAS NPR commentator by tax-exempt organizations and the applica- Carter Ledyard & Milburn LLP tion of Sarbanes-Oxley type considerations to Author, "Writing to Win: The Legal Writer," and "Meet the Beatles: A Cultural History of these organizations, as well as the legal, tax CLE credit: the Band That Shook Youth, Gender, and and accounting issues of joint venture 71⁄2 credits total: 6 professional practice/practice the World" arrangements between tax-exempt organiza- management & 11⁄2 ethics. This video replay tions and for profit entities. does not provide transitional credit for newly CLE credit: admitted attorneys. Ethical issues that attorneys who represent 71⁄2 credits in skills. This program provides transitional credit for newly admitted attorneys. tax-exempt organizations face (including, for Video Replay: example, the potential conflict of advising Member $385 Non-member $525 both the organization and one or more of its Live Program: Member $350 Non-member $450 directors, trustees or officers) will also be PUBLIC SPEAKING discussed. REAL ESTATE SPEAKING TO WIN: THE ART OF Program Co-Chairs: EFFECTIVE SPEAKING FOR MARC A. KUSHNER RESIDENTIAL CLOSINGS: LAWYERS Seyfarth Shaw LLP SOUP TO NUTS 31 Tuesday, 9–5 p.m. MICHAEL S. KUTZIN 4 Wednesday, 6-9 p.m. Goldfarb Abrandt Salzman & Kutzin LLP More than any other profession, the practice of The first session of this program is on law depends on the effective use of words, DAVID G. SAMUELS September 28th, 6-9 p.m. Perlman & Perlman, LLP communication and persuasion. Through the study of some great American political speech- This program will cover the purchase and sale es and presentations of recent times, this prac- Faculty: of cooperatives, condominiums and houses. tical seminar focuses on the basics of oral IAN J. BENJAMIN The panelists will cover such general matters advocacy for all lawyers. Goldstein Golub Kessler LLP as form of ownership, due diligence, transfer taxes, title insurance and lien searches, and Whether you are called upon to give legislative LAURA E. BUTZEL the contract of sale (understanding the con- testimony, deliver a presentation to clients or Patterson Belknap Webb & Tyler LLP tract, the loan contingency clause and the an oral argument, or simply talk to the press, most frequently negotiated contract provi- this program will enable you to understand CYNTHIA CARLSON sions); discuss a number of commonly what makes the great speakers effective and use McLaughlin & Stern LLP encountered problems (such as combined those techniques yourself as a lawyer. ELIZABETH M. GUGGENHEIMER Legal Director Lawyers Alliance for New York 20 www.nycbar.org apartments); and address "how to" close a TAX & ACCOUNTING transaction. FUNDAMENTALS OF TRUST Registration Program Chair: ACCOUNTING INCOME & PRINCI- MINDY H. STERN PAL RULES UNDER THE REVISED Advance registration is advised for live Schoeman, Updike & Kaufman, LLP NEW YORK STATE LAWS: ETHICAL programs & video replays. An additional fee of $25 will be charged for registra- Faculty: & LIABILITY ISSUES YOU NEED TO KNOW tions received later than 3:00 p.m. one KRISTIN V. BELLOUNY business day prior to the program. For Senior Vice President and Senior more information or to register for a 16 Monday, 9-12:30 p.m. Underwriting Counsel program visit our website at Fidelity National Title Insurance Company www.nycbar.org, call (212) 382-6663, fax New York State has significantly revised the (212) 869-4451 or mail your registration trust laws as it pertains to accounting income DAVID L. BERKEY to: City Bar Center for CLE, New York and its application to a tax reporting position. Gallet Dreyer & Berkey, LLP City Bar, 42 West 44th Street, New York, The substantial changes in the definition of NY 10036. MELVYN MITZNER accounting income under New York State law Senior Vice President and Chief grants the trustee certain discretionary rights Tapes are sold with the accompanying Underwriting Counsel in determining the amount of accounting written materials from the program. Commonwealth Land Title Insurance income that is payable to an income Program materials can be purchased sep- Company beneficiary. arately from the program. (CLE credit LandAmerica Financial Group, Inc. may not be given for materials only.) and Lawyers Title Insurance Corporation Under the revised New York State trust laws, Mandatory NYS sales tax is included in the income beneficiary has significant rights as the purchase price for tapes and materi- RICHARD A. NARDI well. The income beneficiary can take certain als. All sales of tapes, CDs, DVDs and Loeb & Loeb LLP actions to enhance his/her annual income dis- materials are final. Please allow 3-5 weeks tributions from a trust. An analysis of the new after the program date for your order to ALAN B. REIS IRS final regulations on the definition of be processed. Reis Cooper LLP accounting income as well as sample drafting language with conformity with IRS rules will MATTHEW W. RYAN be included. Cancellations & Refunds Vice President For live programs and video replays, This program is a must for trust and estate HSBA Private Bank refunds and program credits are avail- attorneys, accountants and any attorney able provided cancellation is made in involved in preparing trust tax returns or ALVIN SCHEIN writing and received by the City Bar income tax returns for a trust beneficiary. Save Seiden & Schein, P.C. Center prior to the program. yourself from any ethical and/or liability issues CLE credit: by learning the fundamentals of these new A $25 administrative fee will be charged for all refunds. The cancellation fee will 6 credits total: 21⁄2 professional practice/practice rules. As a special feature to the program the be deducted directly from the refund. management, 21⁄2 skills & 1 ethics. This program manual "Fundamentals of Trust Accounting provides transitional credit for newly admitted Income and Principal Rules Under the Revised For program credits no administrative attorneys. In accordance with the CLE Board’s New York State Laws", that contains over 120 fee will be charged. Program credits Regulations & Guidelines, if you attended this examples, will be distributed. must be used within one year of the orig- program in the past you may not be permitted to inal program date. Cancellations must apply the CLE credit for this program to fulfill Program Co-Instructors: be in writing and faxed to the City Bar your current CLE requirements. Center at (212) 869-4451. SEYMOUR GOLDBERG, CPA Refunds and program credits are not Live Program: Goldberg & Goldberg, P.C. available for the purchase of tapes, CDs, Member $375 Non-member $515 DVDs, course materials or online pro- (both evenings) JOSEPH M. SAMULSKI grams. Member $187.50 Non-member $257.50 Managing Director & Division Head These programs are presented under the (per evening) The Bank of New York Former Chief of Law Department, New York auspices of the CLE Committee, Valerie County Surrogate’s Court L. Fitch, Chair, and the City Bar Center for Continuing Legal Education. Live Program: Scholarships are available. Please call Member $235 Non-member $345 (212) 382-6663 for an application. Is there a program you would like to CLE credit: attend or a speaker you would like to 4 credits total: 3 professional practice/practice hear? Please contact the City Bar Center management & 1 ethics. This program provides with your suggestions. transitional credit for newly admitted attorneys. 3 CPE credits in taxation. www.nycbar.org 21 OCTOBER 2006 CLE REGISTRATION FORM ■ VIDEO REPLAY: HOT TOPICS ON THE CURRENT ■ HOT TOPICS IN LICENSING ■ YOU DON'T PRACTICE IN THE AREA OF LEGAL, TAX & ACCOUNTING ENVIRONMENT FOR October 17 DOMESTIC VIOLENCE? WHAT DO YOU DO IF A TAX-EXEMPT ORGANIZATIONS: WHAT YOU DON’T Member Non-member CLIENT OR FRIEND CALLS WITH A DOMESTIC KNOW CAN HURT YOU Live Program: ■ $205 ■ $315 VIOLENCE SITUATION? October 3 Audiotapes: ■ $315 ■ $385 October 24 Member Non-member CDs: ■ $335 ■ $405 Member Non-member ■ ■ Video Replay: ■ $385 ■ $525 Videotapes: ■ $405 ■ $475 Live Program: $175 $285 ■ ■ Audiotapes ■ $465 ■ $635 DVDs: ■ $445 ■ $535 Audiotapes: $215 $255 ■ ■ CDs ■ $485 ■ $655 Materials only: ■ $105 ■ $135 CDs: $225 $275 Videotapes ■ $595 ■ $725 Videotapes: ■ $275 ■ $335 ■ EMPLOYMENT LAW ESSENTIALS: WHAT NEW DVDs ■ $645 ■ $795 DVDs: ■ $315 ■ $375 YORK PRACTITIONERS NEED TO KNOW ABOUT Materials ■ $155 ■ $235 Materials: ■ $105 ■ $135 LEAVES OF ABSENCE, SEXUAL ORIENTATION ■ RESIDENTIAL CLOSINGS: SOUP TO NUTS DISCRIMINATION, OVERTIME, RETALIATION ■ UPDATE 2006-CURRENT DEVELOPMENTS September 28 & October 4 & MORE… IN MATRIMONIAL LAW Member Non-member October 18 October 25 Live Program: ■ $375 ■ $515 (both evenings) Member Non-member Member Non-member ■ $187.50 ■ $257.50 (per evening) Live Program: ■ $215 ■ $325 Live Program: ■ $195 ■ $305 Audiotapes: ■ $465 ■ $635 Audiotapes: ■ $315 ■ $385 Audiotapes: ■ $265 ■ $335 CDs: ■ $485 ■ $655 CDs: ■ $335 ■ $405 CDs: ■ $285 ■ $355 Videotapes: ■ $595 ■ $725 Videotapes: ■ $405 ■ $475 Videotapes: ■ $355 ■ $425 DVDs: ■ $645 ■ $795 DVDs: ■ $445 ■ $535 DVDs: ■ $395 ■ $485 Materials: ■ $155 ■ $235 Materials Only: ■ $105 ■ $135 Materials: ■ $105 ■ $135 ■ MAJOR RECENT DEVELOPMENTS IN THE EU: ■ NEW ETHICAL RULES FOR ATTORNEY ■ ESSENTIAL TRIAL SKILLS: TIPS & TECHNIQUES TO ESSENTIAL INFORMATION FOR CORPORATE ADVERTISING ARE COMING: LEARN WHAT ENSURE YOU’LL SHINE IN COURT & ENVIRONMENTAL ATTORNEYS YOU SHOULD BE GEARING UP TO DO October 26 & November 2 October 10 October 19 Member Non member Member Non-member Member Non-member Live Program: ■ $355 ■ $495 (both evenings) Live Program: ■ $205 ■ $315 Live Program: ■ $235 ■ $345 ■ $177.50 ■ $247.50 (per day) Audiotapes: ■ $315 ■ $385 Audiotapes: ■ $345 ■ $415 Audiotapes: ■ $315 ■ $385 CDs: ■ $335 ■ $405 CDs: ■ $365 ■ $435 CDs: ■ $335 ■ $405 Videotapes: ■ $405 ■ $475 Videotapes: ■ $435 ■ $505 Videotapes: ■ $405 ■ $475 DVDs: ■ $445 ■ $535 DVDs: ■ $475 ■ $565 DVDs: ■ $445 ■ $535 Materials: ■ $105 ■ $135 Materials Only: ■ $105 ■ $135 Materials Only: ■ $105 ■ $135 ■ THE LAW, THE MEDIA & YOUR CLIENTS ■ **UCLA LAW THIRD ANNUAL INSTITUTE ON ■ ETHICAL ISSUES FOR INSURANCE INDUSTRY October 11 CORPORATE, SECURITIES & RELATED ASPECTS OF PRACTICTIONERS Member Non-member MERGERS & ACQUISITIONS October 27 Live Program: ■ $205 ■ $315 October 23 & 24 Member/ Member Non-member Audiotapes: ■ $315 ■ $385 UCLA Alum Non-member Live Program: ■ $235 ■ $345 CDs: ■ $335 ■ $405 Live Program: ■ $695 ■ $895 Audiotapes: ■ $345 ■ $415 Videotapes: ■ $405 ■ $475 Audiotapes: ■ $815 ■ $975 CDs: ■ $365 ■ $435 DVDs: ■ $445 ■ $535 CDs: ■ $835 ■ $995 Videotapes: ■ $435 ■ $505 Materials Only: ■ $105 ■ $135 Videotapes: ■ $905 ■ $1065 DVDs: ■ $475 ■ $565 DVDs: ■ $945 ■ $1125 Materials: ■ $105 ■ $135 ■ WHERE IS YOUR EVIDENCE? HIGH TECH Materials: ■ $100 ■ $150 EVIDENCE, THE SECRETS IT MAY HOLD & THE ■ HEALTH SAVINGS ACCOUNTS: WHAT ARE THEY, **This program is exempt from Passport series. TOOLS PROSECUTORS & DEFENSE ATTORNEYS HOW DO THEY WORK, AND ARE THEY A GOOD IDEA? NEED TO ACCESS IT ■ **UCLA LAW SECOND ANNUAL INSTITUTE ON October 30 October 12 U.S., E.U., & CANADIAN ANTITRUST ASPECTS OF Member Non-member Member Non-member MERGERS & ACQUISITIONS Live Program: ■ $215 ■ $325 Live Program: ■ $175 ■ $285 October 24 & 25 Member/ Audiotapes: ■ $315 ■ $385 Audiotapes: ■ $265 ■ $335 UCLA Alum Non-member CDs: ■ $335 ■ $405 CDs: ■ $285 ■ $355 Live Program: ■ $425 ■ $495 Videotapes: ■ $405 ■ $475 Videotapes: ■ $355 ■ $425 Audiotapes: ■ $545 ■ $575 DVDs: ■ $445 ■ $535 DVDs: ■ $395 ■ $485 CDs: ■ $565 ■ $595 Materials: ■ $105 ■ $135 ■ ■ Videotapes: ■ $635 ■ $665 Materials Only: $105 $135 ■ SPEAKING TO WIN: THE ART OF EFFECTIVE DVDs: ■ $675 ■ $725 ■ FUNDAMENTALS OF TRUST ACCOUNTING SPEAKING FOR LAWYERS Materials: ■ $100 ■ $150 INCOME & PRINCIPAL RULES UNDER THE REVISED October 31 **This program is exempt from Passport series. NEW YORK STATE LAWS: ETHICAL & LIABILITY Member Non-member ISSUES YOU NEED TO KNOW Live Program: ■ $350 ■ $450 October 16 Member Non-member ALL REGISTRATIONS MUST BE PREPAID BY EITHER CREDIT CARD OR Live Program: ■ $235 ■ $345 A CHECK MADE PAYABLE TO: CITY BAR CENTER FOR CLE OR NEW YORK CITY BAR Audiotapes: ■ $330 ■ $395 CDs: ■ $350 ■ $420 Videotapes: ■ $420 ■ $490 Name DVDs: ■ $460 ■ $540 Materials: ■ $65 ■ $65 Address ■ WILL THE DOJ THOMPSON MEMORANDUM SURVIVE? LEGAL & FACTUAL CHALLENGES TO City State Zip THOMPSON MEMORANDUM PROVISIONS October 16 Phone Total Enclosed $ Member Non-member ■ ■ Live Program: $205 $315 ■ ■ ■ Audiotapes: ■ $265 ■ $335 Please charge to my Mastercard Visa American Express CDs: ■ $285 ■ $355 Videotapes: ■ $355 ■ $425 Card Number Exp. Date DVDs: ■ $395 ■ $485 Materials Only: ■ $105 ■ $135 Signature 22 www.nycbar.org THIRD ANNUAL LAW PRACTICE MANAGEMENT SYMPOSIUM Growing a Vibrant Law Practice

n law school we all learned about torts, con- Symposium. The symposium, titled Growing a The day will conclude with a plenary session tracts and the rule against perpetuities. We Vibrant Law Practice, is co-sponsored by the which is a must for every lawyer who runs his Istudied for finals and passed the bar, at Association of Legal Administrators, and will be or her own practice. "Challenges for Solo & which point we finally knew what we were on Wednesday, November 1st from 8:30-4:00. Small Firms: Maintaining Your Sanity in a doing and were ready to be lawyers. Or so we This year our symposium will feature two Time of Stress" will help prevent burnout. thought. But now, whether a few years out of tracks of workshops, one for startups and the Most of the workshops will last 45 minutes and school, or leaving a lengthy firm career, some of other for growing firms, two plenary sessions, a will provide participants with helpful hand- you are embarking on a small firm adventure networking breakfast and a networking lun- outs and checklists to use in their practice. The and are facing questions that might leave you cheon. In addition to obtaining valuable infor- cost of attendance is $10 for New York City Bar clueless. What do you do with a client who mation at the workshops, participants will have members ($50 for non-members). There will doesn’t pay his bill? Isn’t it impolite to brag, so the opportunity to interact with exhibitors be time for networking and browsing the how do I get the word out about my new firm? whose businesses cater to the needs of small exhibits throughout the day. A list of all And most importantly, how do I stay sane while firms. exhibitors and workshops and the registration I practice law and run an office? Throughout the day, workshops will cover such forms are available on our website. Whether you are on the verge of hanging out topics as the selection of a corporate form, rent- More information is available in the calendar your shingle or a small law firm practitioner ing an office, writing a business plan, and on the Association’s website, www.nycbar.org. interested in the growth of your practice, the obtaining necessary insurance. We will present New York City Bar will answer your questions at tips on dealing with difficult employees and the upcoming Law Practice Management clients, and demonstrate new technology including Treos, Blackberries, and lawyer blogs.

THIRD ANNUAL LAW PRACTICE MANAGEMENT SYMPOSIUM GROWING A VIBRANT LAW PRACTICE NOVEMBER 1, 2006, 8:30AM - 4:00PM TIME TRACK 1 TRACK 2 8:30 - 9:00 am Networking Breakfast 9:00 - 9:45 am Start-up Basics Employment Issues for Growing Firms 10:00 - 10:45 am Business Plans for Lawyers Law Firm Finances/Accounting 11:00 - 12:00 pm Plenary Session Marketing Skills Workshop and Use of Lawyer Blogs to Attract New Clients 12:00 - 1:00 pm Networking Lunch Sponsored by LexisNexis 12:45 - 1:45 pm Your Client Refuses to Pay- Now What? Fee Dispute Arbitration Process and How to Encourage Client Payment 1:00 - 1:45 pm Technology for Start Ups

2:00 - 2:30 pm Excellence in the Business and Practice of Law: Integrating Research and Practice Management 2:00 - 2:45 pm Technological Solutions for Growing Firms 3:00 - 4:00 pm Plenary Session Challenges for Solo & Small Law Firms: Maintaining Your Sanity in a Time of Stress www.nycbar.org 23 SPECIAL THANKS FROM THE CITY BAR JUSTICE CENTER ...to the following law firms and corporations whose generosity sustains our vital work.

CITY BAR JUSTICE CENTER

Firms Corporations

Abbey Spanier Rodd Abrams & Paradis LLP Kenyon & Kenyon LLP Altria Group, Inc. Alston & Bird LLP King & Spalding LLP American Express Company Anderson Kill & Olick PC Kirkland & Ellis LLP Bank of America Arent Fox PLLC Kramer Levin Naftalis & Frankel LLP Bertholon Rowland Corp Arnold & Porter LLP Lankler Siffert & Wohl LLP Citigroup Baker & Hostetler LLP Latham & Watkins LLP Colgate Palmolive Company Bender Burrows & Rosenthal LLP LeBoeuf, Lamb, Greene & MacRae, L.L.P. Credit Suisse First Boston Bingham McCutchen LLP Mayer, Brown, Rower & Maw LLP Deloitte Boies Schiller & Flexner LLP Mayerson Stutman Abramowitz Royer LLP Ernst & Young LLP Cadwalader, Wickersham & Taft LLP Mendes & Mount LLP General Electric Company Cahill Gordon & Reindel LLP Milbank, Tweed, Hadley & McCloy LLP JPMorgan Chase & Co. Carter, Ledyard & Milburn LLP Milberg Weiss Bershad & Schulman LLP Lehman Brothers Inc. Chadbourne & Parke LLP Morgan & Finnegan LLP Marsh Affinity Group Services Cleary Gottlieb Steen & Hamilton LLP Morgan, Lewis & Bockius LLP Merrill Lynch & Co., Inc. Clifford Chance US LLP Morrison & Foerster LLP MetLife, Inc. Cravath, Swaine & Moore LLP O'Melveny & Myers LLP News Corporation Davis Polk & Wardwell Orrick, Herrington & Sutcliffe LLP Pfizer Inc Debevoise & Plimpton LLP Patterson, Belknap, Webb & Tyler LLP Seabury & Smith, Inc. Dechert LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP St. Paul Travelers Companies, Inc Dewey Ballentine LLP Pillsbury Winthrop Shaw Pittman LLP Studley, Inc. DLA Piper Rudnick Gray Cary LLP Proskauer Rose LLP The Goldman Sachs Group, Inc. Dorsey & Whitney LLP Reed Smith LLP TIAA-CREF Duane Morris LLP Salans Time Warner Inc Edwards Angell Palmer & Dodge, LLP Schoeman, Updike & Kaufman, LLP Viacom Inc. Fragomen, Del Rey, Bernsen & Loewy, LLP Shearman & Sterling LLP Fried, Frank, Harris, Shriver & Jacobson LLP Sidley Austin LLP Fulbright & Jaworski LLP Simpson Thacher & Bartlett LLP Last year, the City Bar Justice Center reached Gibson, Dunn & Crutcher LLP Skadden, Arps, Slate, Meagher & Flom LLP more than 25,000 people seeking legal assis- Goodwin Procter LLP Sonnenschein Nath & Rosenthal LLP tance — immigrants, battered women, the Heller Ehrman LLP Stibbe PC homeless, the elderly, cancer survivors, con- Herman, Sloan, Robarge & Sullivan LLP Stroock & Stroock & Lavan LLP sumers filing for bankruptcy and struggling Herrick Feinstein LLP Sullivan & Cromwell LLP small businesses - leveraging the volunteer Hogan & Hartson LLP Troutman Sanders LLP pro bono services of the New York City bar. Holland & Knight LLP Vinson & Elkins LLP Hughes Hubbard & Reed LLP Wachtell, Lipton, Rosen & Katz To learn more about giving and volunteer Hunton & Williams LLP White & Case LLP opportunities, contact the City Bar Justice Jones Day Weil, Gotshal & Manges LLP Center at 212-382-6754 or visit us at Katten Muchin Rosenman LLP Willkie Farr & Gallagher LLP www.citybarjusticecenter.org. Kaye Scholer LLP Wilson, Elser, Moskowitz, Edelman & Dicker LLP Kelley Drye & Warren LLP Winston & Strawn LLP

NEW YORK CITY BAR

Forty-Fourth Street Notes October 2006