1 Forty-Fourth Street Notes

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:

Load more