OCTOBER 2009 | VOL.24, NO.8
What a Difference a Lawyer Makes in this issue… PATRICIA M. HYNES, President Committees Seeking New Members If we live by the rule of law, then right to counsel should be seen as a funda- page 2 mental right. That’s because our justice system, which is supposed to be a level Refugee Roulette: Disparities playing field, is for all practical purposes inaccessible without legal services. in Asylum Adjudication October 5th Clients often arrive at the City Bar Justice Center after trying to go it alone, page 4 and it’s amazing to see what a difference legal representation makes. The Justice Clicking “Refresh”: Center’s Consumer Bankruptcy Project, for example, handles some 100 A New Look at Fair bankruptcy filings a year with a virtual 100% success rate. By contrast, the Use in the Digital Age failure rate for pro se bankruptcy filings in New York State is a stunning 90%; October 7th the sad paradox, of course, is that people filing for bankruptcy usually can’t page 5 afford a lawyer to help them. Boot Camp 2009: Basic Training for Lawyers “Legal services are no less than The Justice Center recently teamed up with The October 13th & 14th Legal Aid Society and the American Immigration back page the very means by which the rule Lawyers Association to set up clinics inside the Poverty and Welfare of law is implemented, and an Varick Federal Detention Facility for detained in the U.S. – A Human immigrants through the NYC Know Your Rights Rights Violation? October 15th individual’s access to legal services Project. Having counseled over 50 detainees, we page 6 is a test of whether a society lives discovered that over one-third of them had some basis for relief. Federal Sentencing: A Revolution Without Results? by the rule of law.” October 22nd And yet by law, immigrants have no right to page 7 counsel. Even those with unassailable claims must leap high language and cultural hurdles, and without access to legal services, what chance do Ethics, Discipline, and Real World Obligations – CLE those detainees have? Plenty of immigrants who have lived here for many years and who, through October 6th a lawyer’s successful involvement, have narrowly escaped the breaking up of their families, or their page 12 forced return to a country where their life may be in danger, will tell you how important legal Accounting for Lawyers – CLE services have been to them. October 7th page 15 Lessons learned from the NYC Know Your Rights project have contributed to a recent report by the City Bar’s Immigration and Nationality Law Committee supporting the right to counsel for indigent Cap and Trade and Government Incentives detainees. Characterizing removal proceedings as “criminal trials in all but name,” and citing the for Renewable Energy – CLE Supreme Court’s holding in Gideon that indigent defendants have a Sixth Amendment right to October 21st appointed counsel, the report argues for this same basic right to be extended to immigrants. As Justice page 10 continued on p.2 Contents what a difference a lawyer makes: continued from p.1 What a Difference Brandeis wrote more than 80 years ago, removal can result “in loss of both property and life; or of a Lawyer Makes 1 all that makes life worth living.” Right to counsel must be considered an integral part of the debate Committees Seeking on immigration reform. New Members 2 Like the U.S. Constitution, international covenants and treaties like the International Covenant on City Bar Events 4 Civil and Political Rights, the United Nations Declaration on Human Rights, and the International Calendars 8 Convention on the Elimination of All Forms of Racial Discrimination confer basic due process rights on individuals facing loss of liberty. The Vance Center for International Justice at the City Bar has led CLE Courses 10 an increasing global awareness of the fundamental right to counsel and the moral obligation of lawyers, Committee Reports 16 as custodians of the legal system, to provide pro bono legal services. In 2008, the Vance Center October 2009 CLE launched the Pro Bono Declaration for the Americas, the first Americas-wide statement of a lawyer’s Registration Form 18 responsibility to provide pro bono legal assistance, and so far over 400 lawyers, legal institutions, and non-governmental organizations have signed the Declaration, pledging to perform pro bono work. Boot Camp 2009: Basic Training for Lawyers back page Legal services are no less than the very means by which the rule of law is implemented, and an October Career individual’s access to legal services is a test of whether a society lives by the rule of law. Development and Networking Events and CLE Courses back page Committees Seeking New Members
The International Trade Committee addresses and monitors international investor protection, developments in the World Trade Organization, and issues relating to trade in goods and services, including multilateral and bilateral trade agreements such as NAFTA and dispute settlement of cases brought under such agreements. To apply, please contact the Chair, Helena Sullivan, at [email protected].
44th Street Notes The Science & Law Committee examines cutting-edge issues at the intersection where Editor science, technology, and medicine meet the law. Among its more recent activities, the Eric Friedman committee published a paper regarding Persistent Vegetative State and New York law Associate Editor regarding end-of-life issues; sponsored a symposium on Nanotechnology, Law, and Policy; Christina Bruno and examined issues regarding the use of DNA evidence in criminal prosecutions. No Graphic Design Carrie Chatterson Studio science background is necessary for membership, just some interest in these kinds of issues. Marketing Director To apply, please contact the Chair, Eric Kraus, at [email protected] or 212.898.4032. Adele Lemlek
Advertising Alison Fidler 212.382.6753 Siddiiqa Habibullah 212.382.4742
Executive Director OCTOBER 2009 Barbara Berger Opotowsky Registration Form Name Number of Reservations 44th Street Notes (ISSN 10791019) is published monthly except July and August Public Affairs Luncheon for $25 per year by The Association of the 6 Tuesday Company Bar of the City of New York, 42 West 44th The fee, which includes lunch, is $30 Street, New York, NY 10036-6604. Periodicals Boot Camp 2009: Basic Training Address postage paid at New York, NY. Postmaster: for Lawyers Send address changes to 44th Street Notes, 13 & 14 Tuesday & Wednesday 42 West 44th Street, New York, NY City State Zip 10036-6604. For subscription information, The fee is $50 for members, $110 for please call 212.382.6656. non-members (includes 1 year of City Bar membership), and free to students Phone This publication is printed with soy-based and alumni of sponsoring law schools environmentally friendly inks on 50# paperfect, Email which is produced from renewable resources, small Law Firm Luncheon such as eucalyptus leaves, that have little or 22 Thursday no negative impact on forests, and is approved The fee, which includes lunch, is $30 for Total Enclosed $ by The Forest Stewardship Council and the members, $45 for non-members Please charge to my: Mastercard Visa Amex Rainforest Alliance. Please return this form to: Meeting Services, NYC Bar Members: New York City Bar, 42 West 44th Street, To change your address, please contact New York, NY 10036-6604. Please make Card Number Exp. Date 212.382.6665 or [email protected]. checks payable to the Association of the Bar. www.nycbar.org If registering for additional persons, duplicate Signature this form.
2 | 44th Street notes | OCTOBER 2009 www.nycbar.org www.nycbar.org OCTOBER 2009 | 44th Street notes | 3 CITY BAR EVENTS
Unless otherwise noted, programs Refugee Roulette: Disparities Luncheon Chair: JEROME R. ROSENBERG are free of charge; open to all in Asylum Adjudication members, their guests, and the Luncheon Vice-Chair: general public; and held at the 5 MONDAY, 6:30 PM – 8:30 PM; EMILY CAMPBELL House of the Association. RECEPTION 6 PM – 6:30 PM Co-sponsored by Committee on National Program information is subject Immigration law practitioners have long Security & Counter-Terrorism, Federal to change. Please check our suspected that the likelihood of winning Bar Association, Southern District of New website at www.nycbar.org for asylum depends in large measure on which York Chapter the latest program information. asylum officer or immigration judge is Registration by October 1 is required to guarantee assigned to adjudicate a case. Drawing admission. Registrations received after October 1 are on enormous databases of case and court subject to availability. The fee, which includes lunch, Dinner Cruise on the Spirit information, the speakers will address is $30. Please register online at www.nycbar.org this idea. of New York Speakers: Young Lawyers Connect – JAYA RAMJI-NOGALES, Professor, Letting It All Hang Out: Better First Thursdays Temple University, Beasley School of Law; PHILIP G. SCHRAG, Professor, Lawyering Through Awareness 1 THURSDAY, 6:30 PM – 10 PM Georgetown University Law Center; of Client and Self Last year’s dinner cruise was so much fun ANDREW I. SCHOENHOLTZ, Professor, 6 TUESDAY, 5:30 PM – REGISTRATION; (and sold out so fast) that we’re doing it Georgetown University Law Center 6 PM – 8:30 PM – WORKSHOP again. Join us on the Spirit of New York for Comments by: dinner, drinks, and dancing, not to mention HON. ROBERT KATZMANN, U.S. Court The successful and satisfying practice of spectacular views of NYC. Please note that of Appeals for the Second Circuit law depends on having positive client the Spirit of New York leaves promptly at relationships. Emotional competence, Co-sponsored by The American Immigration 7:00 PM from Chelsea Piers, and space is Lawyers Association, New York Chapter; including an understanding of basic limited. Registration fees include dinner Brooklyn Law School, Safe Harbor Project; psychological principles and psychodynamic (vegetarian and kosher options available) The New York Immigration Coalition; New processes, facilitates good relationships. and open beer and wine bar. York Law School, Safe Passage Immigration Yet, lawyers traditionally receive little training Sponsored by New York Law Journal, Program; New York University School of in this area. This workshop will explore how Law, Immigrant Rights Clinic Practical Law Company, Spirit Cruises peer support might better equip lawyers to address the emotional aspects of practice. The fee is $50 for members, $75 for non- Refreshments will be served. Please register online members. Please register at www.nycbar.org at www.nycbar.org Speakers: or call 212.382.4723. We will not be able MARJORIE A. SILVER, Professor, Touro to offer refunds. Law Center; editor and contributing author, Public Affairs Luncheon The Affective Assistance of Counsel: Practicing Law as a Healing Profession (2007); ROBIN 6 TUESDAY, Noon – 2 PM STEINBERG, Founder and Executive Director, Friday Evening Chamber Music The Bronx Defenders; SOFIA YAKREN, The Public Affairs Luncheon Series features 2 FRIDAY, 6 PM Associate, Beldock, Levine & Hoffman LLP; speakers who address matters of public Author, Lawyer as Emotional Laborer, (2008); David Sheng (violin), Ellen Butters (viola), interest. The luncheons provide a forum ANDREW BLATTER, JD, LCSW Brad Heller (cello), and Alok Dutt (piano) to enable members of the Association to Please register online at www.nycbar.org will play Beethoven’s piano quartet in E-flat network, socialize, and discuss matters major, Op. 16. Aaron Campbell (cello) and of interest. Liza Wu (piano) will play Prokofiev’s sonata Speaker: Long Term Care Planning in for cello and piano, Op. 119. Brian Hill JOSEPH V. DeMARCO, DeVore & DeMarco (French horn) and friends will play 20th- LLP; former Chief, Computer Hacking and a Recessionary Environment century music for winds. Intellectual Property Unit, U.S. Attorney’s 6 Tuesday, 6 PM Office, Southern District of New York Suggested donation of $10 at the door. For more information, please e-mail Topic: Until recently, many investors were planning [email protected] Identity Theft, Information Security & to use their retirement assets to self-insure the Terrorism: The Hidden War on America 4 | 44th Street notes | OCTOBER 2009 www.nycbar.org cost of long term care. With the recent Books at the Bar career planning information particularly economic turmoil, those plans may need to Securing the City relevant in a troubled economy, as well as be revisited and amended. Disposable income practical and substantive insights into the and assets available for this type of planning 8 THURSDAY, 6 PM – 8 PM practice of law. Whether seeking a job at a have certainly been affected. To see if your The New York Police Department is the large or small law firm, in government or at long term care strategy still makes sense, or City’s front line against terrorism. Join a public interest organization, these sessions if you need to start thinking about one, you Newsweek’s Paris Bureau Chief Christopher will provide information that will help you will find this seminar helpful. Dickey as he discusses how one of the achieve success when you join a firm or other Speakers: nation’s largest urban police forces works legal employer. ROY S. LYONS, Managing Director, each day to prevent another 9/11. A wine Sessions include: Marsh; JOHN J. MARCEL, CLU, CFP, and cheese reception will begin at 6 PM • Integrating Deferment/Unemployment President, Madison Park Consultants, with a book discussion to follow. into Long-Term Career Plans Inc.; MATTHEW J. NOLFO, Law Offices • Communication Skills All Young of Matthew J. Nolfo Speaker: CHRISTOPHER DICKEY, Author, Associates and Students Should Learn Spouses are invited and refreshments will be Securing the City • Networking—Establishing Strategic served. To email your reservation to attend, Alliances Please register online at www.nycbar.org please contact [email protected] or call • The Anatomy of Litigations and Marsh at 888.882.2269. Seating is limited. transactions • Understanding a Law Firm as a Business Boot Camp 2009: and Your Role as an Associate Clicking “Refresh”: A New Look Basic Training for Lawyers • Adding Value: How to Stand Out and Hit the Ground Running at Fair Use in the Digital Age 13 TUESDAY, 10 AM – 5 PM & • Networking Reception 7 WEDNESDAY, 6 PM 14 WEDNESDAY, 1 PM – 8:15 PM Please see the back page for more information about This two-day program will provide recent This panel discussion will address the ways sessions and registration. in which copyright law’s fair use doctrine has law graduates and current law students with evolved (or may be tested) in an era in which the rise of news aggregation, social network- ing, and a variety of other websites increas- ingly allow internet users to combine and transform content from endless sources and media. How transformative are online montages and mash-ups? Is the aggregation of headlines or content from news providers infringement or fair use? Does posting copyrighted content on a user’s Facebook or MySpace page undermine the market for that content? When does a blogger’s summary of an article appropriate enough content to constitute copyright infringement? Panelists will offer a broad range of perspectives on these and other issues from the bench, bar, media industry, and legal academy. Moderator: ANDREW DEUTSCH, DLA Piper LLP Speakers: HON. LEWIS A. KAPLAN, U.S. District Court Judge, Southern District of New York; LAURA MALONE, Associate General Counsel, Intellectual Property Governance, The Associated Press; WILLIAM W. FISHER, Hale and Dorr Professor of Intellectual Property Law, Harvard Law School; Director, The Berkman Center for Internet and Society; SUSAN KOHLMANN, Jenner & Block LLP Please register online at www.nycbar.org www.nycbar.org OCTOBER 2009 | 44th Street notes | 5 On the 180th Anniversary of the How extensive is poverty in the United States Freshfields Bruckhaus Deringer US LLP; Passage of New York State’s First and how well does our social welfare system Member, City Bar Council on International perform in preventing and ameliorating Affairs;HON. DELISSA A. RIDGWAY, Judge, Anti-Cruelty Law in 1829 poverty? Do our anti-poverty policies comport U.S. Court of International Trade; Member, with Human Rights norms? Hear from a City Bar Council on International Affairs 13 TUESDAY, 6:30 PM – 8:30 PM panel of experts on poverty, social welfare, and Please register online at www.nycbar.org A discussion of a number of bills that the application of human rights principles to were left hanging when the New York State issues of poverty and social welfare. legislature went out of session, such as felony Moderator: Practicing Law and cruelty to wildlife, dog fighting, puppy TIMOTHY CASEY, Senior Attorney, Cultivating Wisdom: mills, canned shoots, and farm animal Legal Momentum confinement. New York State was once a A Meditative Perspective Speakers: humane leader, but have we fallen behind CATHERINE ALBISA, Executive Director, City Bar Contemplative Lawyers Group on some issues? National Economic & Social Rights 20 TUESDAY, 7 PM Moderator: Initiative; MARTHA DAVIS, Associate Dean JANE HOFFMAN, President, Mayor’s and Professor, Northeastern University Charles Halpern will draw on his experience Alliance for NYC’s Animals School of Law; JANET GORNICK, Director as a public interest lawyer and CUNY Law of Luxembourg Income Study and Professor School dean to discuss the ways that lawyers Speakers: of Political Science & Sociology, CUNY- DEBORA M. BRESCH, can practice law more effectively by cultivat- Government Graduate Center Relations, ASPCA; PATRICK KWAN, NYS ing wisdom and bringing it to bear in their Director, The Humane Society of the United Co-sponsored by Human Rights Institute, professional lives. MICHELLE VILLAGOMEZ, States; Senior Columbia Law School; Legal Momentum; He has practiced meditation for the past 20 Manager, Advocacy and Campaigns, Center for Constitutional Rights; Interna- years and has led meditation workshops for Government Relations, ASPCA; SAMANTHA tional Women’s Human Rights Law Clinic, lawyers, judges, and law students, including MULLEN, NYS Humane Association CUNY Law School a meditation workshop for California judges. Please register online at www.nycbar.org Please register online at www.nycbar.org He is currently teaching a Boalt Hall course, Effective and Sustainable Law Practice: The Meditative Perspective. He is a co-founder and Intelligent Interviewing: Telling Program and Reception board chair of the Center for Contemplative Your Story, Selling Yourself for 2010 International Mind in Society. Speaker: 14 WEDNESDAY, 6 PM LLM Candidates CHARLES HALPERN, Scholar in Residence In this competitive job market, understanding 15 THURSDAY, 6:30 PM – 7:30 PM – and Lecturer, Boalt Hall School of Law, how to tell a potential employer why he or Panel Discussion with Q&A; University of California at Berkeley; Author, she should select you is crucial. Interviewing 7:30 PM – 8:30 PM – Reception Making Waves and Riding the Currents: is a skill that can be learned and must be Activism and the Practice of Wisdom (2008) The panelists will speak about how they practiced. Come learn how to prepare for came to be involved in international practice. Please register online at www.nycbar.org interviews and practice your interviewing They will offer advice to international LLM skills. In this program, you will be given students on effective contact-making and the opportunity to learn about different networking, including how joining the New Integrated Networking: interviewing styles. York City Bar and participating in one of its Meet, Talk, Tweet, Blog Speakers: committees can be an effective route to do so. LORI FREUDENBERGER, Former Prosecutor; Meet, mingle, and network with panelists Small Law Firm Luncheon – MAUREEN M. REID, Principal, Maureen M. and other City Bar leaders. Growing Your Practice Reid LLC; JULIA HERR SMITH, President, Welcome: First of a three-part luncheon series Esquire Prep, LLC PATRICIA M. HYNES, President, New York 22 THURSDAY, 12:30 PM – 2 PM The fee, which includes refreshments, is $15 for City Bar members, $25 for non-members. Please register How do you integrate all your networking Moderator: options into a coherent, planned, targeted online at www.nycbar.org MICHAEL L. SHER, Member, New York City effort to attract new clients? At this session Bar Council on International Affairs and you will learn how to combine traditional Task Force on International Legal Services; Poverty and Welfare in the Former Chair, UN Committee networking activities with your Web site and the new social networking Web options United States – A Human Speakers: such as blogs and Twitter. Rights Violation? MICHAEL H. BYOWITZ, Wachtell, Lipton, Rosen & Katz; Member, New York City Bar Moderator: 15 THURSDAY, 6 PM – 8 PM Executive Committee; LUCY MARTINEZ, MARK A. JOSEPHSON, CPA, CFP, CFE, Murray & Josephson, CPAs, LLC
6 | 44th Street notes | OCTOBER 2009 www.nycbar.org Speakers: Speakers: strides in the legal profession. The panel DAVID BIRDOFF, Of Counsel, Feldman BENJAMIN BRAFMAN, Brafman & will also discuss how minority and female Weinstein & Smith; ELLEN AUWATER, Associates, P.C.; RUBEN CASTILLO, U.S. attorneys can further their careers, particu- Auwater Associates District Judge, Northern District of Illinois; larly during the current economic climate. Former Commissioner, U.S. Sentencing Sponsored by Lexis/Nexis Commission; KATHLEEN COAD, Supervis- Moderator: Registration by October 19 is necessary. The fee, ing U.S. Probation Officer, Southern District NATALIA MARTIN, Director of Diversity, which includes lunch, is $30 for members, $45 for of New York; RAY LOHIER, Deputy Chief, Simpson Thacher & Bartlett LLP non-members. Please register on page 2 or online Securities and Commodities Fraud Task Speakers: at www.nycbar.org Force, U.S. Attorney’s Office, Southern HON. DEBRA A. JAMES, Supreme District of New York; JANEANNE MURRAY, Court Justice, Civil Branch, New York Principal, Murray Law LLC; EDWARD ZAS, County; HON. VERNA L. SAUNDERS, New Assistant Federal Defender, Federal Defend- Federal Sentencing: A Revolution York City Civil Court Judge, Housing Part; ers of New York, Appeals Division KARLA G. SANCHEZ, Patterson Belknap Without Results? Examining the This event will be limited to 75 people. CLE credit Webb & Tyler LLP; ERIKA McDANIEL EDWARDS, Present to Shape the Future is available. Registration will be on a first come-first Donaldson, Chilliest & served basis. Please register online at www.nycbar.org McDaniel LLP 22 THURSDAY, 6 PM – 9 PM Please register online at www.nycbar.org The U.S. Supreme Court’s 2005 decision in
United States v. Booker fundamentally Perspectives of Minority Female changed the practice of sentencing in federal criminal cases. Despite this massive doctrinal Judges and Litigators JAZZ MUSICIANS! shift, however, recent sentencing statistics 22 Thursday, 6:30 PM – 8:30 PM We are looking for experienced reflect that pre- and post-Booker sentences do musicians who might be interested Reports have found that minority female not vary widely. This panel discussion aims in forming a jazz band. We hope attorneys often face special challenges during to explore why this has been the case and to play gigs at the City Bar and their careers because of their gender and what the future holds for federal sentencing. at community venues. Please send an race or ethnicity. This program will have a email to [email protected], and Moderator: distinguished panel of minority judges and include your instrument(s), experience JOHN GLEESON, U.S. District Judge, litigators discuss how their gender and race level, and best days/ nights that you Eastern District of New York or ethnicity have impacted their careers and would be available to get together. how minority women can continue to make
www.nycbar.org OCTOBER 2009 | 44th Street notes | 7 CITY BAR EVENTS MAYOCTOBER 2009 2009
sunday monday tuesday wednesday thursday friday saturday 1 2 3 6:30 PM – 10 PM 6 PM Young Lawyers Connect– Friday Evening First Thursdays Chamber Music Dinner Cruise on the Spirit of New York
4 5 6 7 8 9 10 6 PM – 8:30 PM NOON – 2 PM 6 PM 6 PM – 8 PM Refugee Roulette: Public Affairs Luncheon Clicking “Refresh”: Books at the Bar Disparities in Asylum A New Look at Fair Use Securing the City 5:30 PM – 8:30 PM Adjudication in the Digital Age Letting It All Hang Out: Better Lawyering Through Awareness of Client and Self 6 PM Long Term Care Planning in a Recessionary Environment
11 12 13 14 15 16 17 10 AM – 5 PM 1 PM – 8:15 PM 6 PM – 8 PM Boot Camp 2009: Basic Boot Camp 2009: Basic Poverty and Welfare in Training for Lawyers Training for Lawyers the United States – A 6:30 PM – 8:30 PM 6 PM Human Rights Violation? On the 180th Anniversary Intelligent Interviewing: 6:30 PM – 8:30 PM of the Passage of New York Telling Your Story, Program and Reception State’s First Anti-Cruelty Selling Yourself for 2010 International Law in 1829 LLM Candidates
18 19 20 21 22 23 24 7 PM 12:30 PM – 2 PM City Bar Contemplative Small Law Firm Luncheon – Lawyers Group – Integrated Networking: Practicing Law and Meet, Talk, Tweet, Blog Cultivating Wisdom: 6 PM – 9 PM A Meditative Perspective Federal Sentencing: A Revolution Without Results? Examining the Present to Shape the Future 6:30 PM – 8:30 PM Perspectives of Minority Female Judges and Litigators
25 26 27 28 29 30 31
8 | 44th Street notes | october 2009 www.nycbar.org CLE COURSES OCTOBERMAY 2009
sunday monday tuesday wednesday thursday friday saturday 1 2 3 6 pm – 9 pm 8:30 AM – 10:30 AM Trial Skills: Protecting Hot Topics Affecting the Record Cooperatives and 3.0 Credits* Condominiums: Cases and Marketplace Developments in the Last Six Months 2.0 Credits*
4 5 6 7 8 9 10 6 pm – 9 pm 6 pm – 9 pm 9 AM – 1 PM 9 AM – 4:30 PM 9 AM – 12 PM Sealing the Record: Ethics, Discipline, and Accounting for Lawyers: Real World Document Insurance-Linked Current Issues in Real World Obligations Beyond the Balance Drafting®: Form, Style, Securities: What You Litigation Confidentiality 3.0 Credits* Sheet—Recognizing and Substance Need To Know About 3.0 Credits* the Red Flags of Fraud 7.0 Credits* These Financial Instruments 4.0 Credits* 6 PM – 9 PM Current Issues in 3.0 Credits* Patent Practice 3.0 Credits*
11 12 13 14 15 16 17 6 PM – 9 PM 6 PM – 9 PM 6 PM – 9 PM 9 AM – 5 PM Current Issues in The Cans and Can’ts Hot Topics in 16-Hour Bridge-the-Gap: Connection with of Trust Decanting: Bankruptcy Corporate and Litigation Reductions in Force How to Pay Over Litigation 2009 (Day 1 – Litigation Day) (RIFs) and RIF Assets from One 3.0 Credits* 8.0 Credits* Litigation Trust to Another 3.0 Credits* 3.0 Credits*
18 19 20 21 22 23 24 6 PM – 8 PM 9 AM – 12 PM 9 AM – 5 PM A Walk Through Cap and Trade and 16-Hour Bridge-the-Gap: the Courts Government Incentives Corporate and Litigation 2.0 Credits* for Renewable Energy (Day 2 – Corporate Day) 3.0 Credits* 8.0 Credits* 6 PM – 8 PM Ethical Issues Routinely Confronted By Solo and Small Firm Practitioners 2.0 Credits* 25 26 27 28 29 30 31 6 PM – 9 PM 6 PM – 9 PM 9 AM – 3:30 PM 9 AM – 12 PM 9 AM – 12:30 PM Basics of Residential and Managing for Value: Complying with FCPA “Say On Pay”: Where We Hot Topics in Commercial Foreclosure How to Develop and in a Heightened Enforce- Are, How We Got Here, Advertising and and Beyond in Today’s Use Alternative Billing ment Environment and Where We’re Headed Marketing Law 2009 Market Strategies 6.0 Credits* 3.0 Credits* 4.0 Credits* 3.0 Credits* 3.0 Credits* 6 PM – 8:45 PM 6 PM – 9 PM Expert Testimony: Current Legal Recent Developments Ethical Issues and Practical Solutions 3.0 Credits* to Common Practice Problems 3.0 Credits*
*This live program provides transitional/non-transitional credit to all attorneys.
www.nycbar.org october 2009 | 44th Street notes | 9 CLE COURSES
bankruptcy to fulfill the MCLE Bridge-the-Gap require- and self-regulatory activity in the areas of ments, you must attend both days. Save by general advertising practices, comparative Hot Topics in Bankruptcy registering for both days! advertising, green advertising, endorsements Litigation 2009 Faculty: and testimonials, children’s advertising and HON. LUCY A. BILLINGS, privacy, substantiating advertising claims, 15 THURSDAY, 6 PM – 9 PM Supreme Court Justice, Bronx County; ANDRAL BRATTON, network clearance, and intellectual property, The long-anticipated surge in bankruptcies Principal Attorney, Appellate Division, First as well as updates on federal, state, and local has arrived in full force, bringing with it a host Department; KAREN D. COOMBS, General regulatory enforcement priorities. of contested matters and other litigations. At Counsel, International Quality & Productiv- Program Chair: this program, a panel of experts will examine ity Center; KEVIN CORBETTE, Senior JEFFREY A. GREENBAUM, Frankfurt some of these legal issues and important cases, Manager, Forensic & Dispute Services, Kurnit Klein & Selz PC including selected trading contract safe harbor Deloitte Financial Advisory Services LLP; and setoff issues in the Lehman bankruptcy, Faculty: SUSAN DONNELLAN, procedural and substantive issues faced amidst Deputy Superinten- ANDRA DALLAS, Staff Attorney, Children’s the deluge of 363 sales, and selected problems dent for Policy & Chief Ethics Officer, NYS Advertising Review Unit, Council of with the potential reach of Section 541 of the Insurance Dept.; JEREMY FEINBERG, Better Business Bureaus; ANTHONY A. Bankruptcy Code. Statewide Special Counsel for Ethics, NYS DiFRANCESCA, Editor, Broadcast Standards Office of Court Administration; DONNA Program Chair: & Practices, ABC Television Network; FULLER, Senior Manager, Forensic & Dispute MARK M. ELLIOTT, Bingham LEONARD L. GORDON, Director, Northeast Services, Deloitte Financial Advisory Services McCutchen LLP Region, Federal Trade Commission; MARK LLP; MARK A. LIMARDO, Katten Muchin LERNER, Satterlee Stephens Burke & Burke Faculty: Rosenman LLP; RONALD C. MINKOFF, LLP; MARLA TEPPER, General Counsel, MARK C. ELLENBERG, Cadwalader Frankfurt Kurnit Klein & Selz PC; KENNETH NYC Department of Consumer Affairs Wickersham & Taft LLP; JULIA FROST- M. MOLTNER, Bressler, Amery & Ross, P.C.; Credit: 4.0 PP* DAVIES, Bingham McCutchen LLP; rick ostrove, Leeds Morelli & Brown, BRUCE H. MATSON, LeClairRyan P.C.; Jennifer Parkinson, Director, Barclays Capital; STEVEN R. PEIKIN, Credit: 3.0 PP* CORPORATE & SECURITIES Sullivan & Cromwell LLP; DAVID PIKUS, Bressler, Amery & Ross P.C.; JACK PLATT, Cap and Trade and Government bridge-the-gap Attorney at Law; LABE M. RICHMAN, Attorney at Law Incentives for Renewable Energy 16-Hour Bridge-the-Gap: Credit: 16.0 credits total: 7.0 PP/PM, 21 WEDNESDAY, 9 AM – 12 PM Corporate and Litigation 6.0 skills & 3.0 ethics (both days)* This program will provide you with a primer 16 & 23 FRIDAYS, 9 AM – 5 PM; Credit: 8.0 credits total: 3.5 PP, on new cap-and-trade of greenhouse gases October 16 – Litigation Day; 3.0 skills & 1.5 ethics (per day)* regulations, carbon credits, and renewable energy October 23 – Corporate Day projects. You will also learn about sources of government funding, tax credits provided in The Bridge-the-Gap programs fulfill a full year’s consumer protection recent stimulus packages for renewable energy, credit requirements for those who are newly and recent litigation in the environmental and admitted, while providing invaluable informa- Hot Topics in Advertising climate change area. Attendees will leave the tion and credits for more experienced attorneys. and Marketing Law 2009 seminar with an understanding of cap-and-trade A skilled faculty will guide you through the and renewable energy matters, expanding their 30 FRIDAY, 9 AM – 12:30 PM day-to-day practice of law and cover topics of knowledge into new practice areas where interest to all attorneys, including legal ethics. This annual program gives a timely update on climate-friendly deals might go forward when This program is unique because we offer one day recent developments in the law governing other work is less active. of litigation and one day of corporate; you can advertising and marketing. This year’s program Program Chair: purchase both days together or just one. In order will cover recent cases, legislative developments, N. ADELE HOGAN, White & Case LLP
*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice
10 | 44th Street notes | OCTOBER 2009 www.nycbar.org Faculty: Faculty: and a discussion of the impact of “Say on Pay” KEVIN BROOKS, Senior Managing Partner, MARGARET M. AYRES, Davis Polk & on boards and compensation committees. THiNK GREEN! Global, Inc.; ALICE Wardwell; JULIA K. BAILEY, Assistant The program is intended for those who practice LEBLANC, AIG Corporate Affairs; MARK General Counsel, International Transaction in the corporate governance, board advisory, LENCZOWSKI, Managing Director and & Compliance, Honeywell; JAMES J. public company, executive compensation, and Associate General Counsel, J.P. Morgan; BENJAMIN, JR, Akin Gump Strauss Hauer general corporate areas. DANIEL RIPP, President, Bradley Woods & & Feld LLP; PAUL R. BERGER, Debevoise Co. Ltd.; RICHARD R. WEIHE, Managing & Plimpton LLP; JAMES COLE, JR, Program Chair: KENNETH P. KOPELMAN, Director, Karbone Inc. Wachtell, Lipton, Rosen & Katz; TIMOTHY Kramer Levin Naftalis & Frankel LLP Credit: 3.0 PP* DICKINSON, Paul Hastings Janofsky & Walker LLP; REID M. FIGEL, Kellogg Faculty: Huber Hansen Todd Evans & Figel, PLLC; STEPHEN L. BROWN, Director & Associate Complying with FCPA in a RICHARD W. GRIME, O’Melveny & Myers General Counsel, Corporate Governance, LLP; jay holtmeier, WilmerHale; TIAA-CREF; BRIAN T. FOLEY, Managing Heightened Enforcement LUCINDA A. LOW, Steptoe & Johnson LLP; Director, Brian Foley & Company, Inc.; Environment: What Advice MARK F. MENDELSOHN, Deputy Chief, PEARL MEYER, Senior Managing Director, You Need to Give Your Clients Fraud Section, Criminal Division, Steven Hall & Partners DANFORTH and When U.S. Department of Justice; Credit: 3.0 PP* NEWCOMB, Shearman & Sterling LLP; 28 WEDNESDAY, 9 AM – 3:30 PM CHERYL SCARBORO, Assistant Director, The Foreign Corrupt Practices Act (“FCPA”) Division of Enforcement, Securities and ESTATE PLANNING has now become one of the focal points of the Exchange Commission; LAURENCE A. Securities and Exchange Commission and the URGENSON, Kirkland & Ellis LLP; JANE L. The Cans and Can’ts of Department of Justice enforcement programs. WEXTON, President, Wexton Advisors, Inc.; Trust Decanting: How to DON ZARIN, Holland & Knight LLP Enforcement actions, civil and criminal, are on Pay Over Assets From the rise and the cost of resolving FCPA actions Credit: 6.0 PP* is getting even more onerous. At the same time, One Trust to Another foreign anti-corruption laws and enforcement are 14 WEDNESDAY, 6 PM – 9 PM also increasing. U.S. and foreign-based compa- “Say On Pay”: Where We Are, A trustee’s power to pay over assets from one nies increasingly face FCPA risks in their varied How We Got Here, and Where trust to another is a valuable technique. international business activities. Such risks can, Whether relying on common law, EPTL however, be detected and managed before We’re Headed 10-6.6(b), or another state statute specifically problems arise. An experienced faculty of private 29 THURSDAY, 9 AM – 12 PM authorizing a transfer, the ability to pour over or practitioners, regulators, and prosecutors will Advisory “Say on Pay” votes burst onto the “decant” assets from one trust to another permits provide an in-depth analysis of the FCPA’s governance scene this past proxy season, with a trustee to accomplish tax goals (for example, to current trends and their implications. The faculty increasing numbers of shareholder proposals change a grantor trust to a non-grantor trust or will discuss timely important information on and, for the first time, TARP-required votes at avoid state fiduciary income tax), to change the latest enforcement trends, international nearly 400 financial issuers. “Say on Pay” has provisions relating to trustees, to add or delete developments, compliance best practices, and become a rallying cry for all stripes of partici- spendthrift provisions, and to achieve many risk assessment and mitigation. pants in the corporate governance debate, and other planning goals and objectives. This Topics to be covered include trends in interna- has spawned a number of legislative initiatives program will address the prerequisites for taking tional cooperation among enforcement officials; that would mandate votes at all public compa- advantage of this powerful tool, provide drafting analysis of recent record-setting cases against nies. At this program, an experienced panel of tips and practical advice about the potential uses companies and individuals; conducting due corporate governance and compensation of decanting, explain when decanting is diligence of foreign commercial intermediaries, practitioners will provide a review and analysis unavailable, and explain the changes that are agents, distributors, and joint venture partners to of the “Say on Pay” debate, a recap of the 2009 being proposed to the statute. This program is minimize liability risks; weighing the pros and experience including an analysis of voting results aimed at lawyers with a basic understanding of cons of voluntary disclosure; conducting internal on traditional shareholder-initiated “Say on Pay” the drafting and administration of trusts. The investigation in challenging countries; represent- proposals and TARP-mandated proposals, a look updated content of this program will entitle ing individuals in FCPA investigations and trials; at how companies have been interacting with attendees to CLE credit even if they attended and what the future holds for global anti-corrup- “Say on Pay” proponents both before and after the 2008 program. tion compliance and enforcement. the vote, an examination of the current status of Program Chair: Program Chair: legislation/regulation and its likely road forward, PAMELA EHRENKRANZ, Wachtell Lipton CLAUDIUS O. SOKENU, Arnold & Porter LLP Rosen & Katz *This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice www.nycbar.org OCTOBER 2009 | 44th Street notes | 11 Faculty: in these types of practices. This program will For more than a decade, risks traditionally MERYL G. FINKELSTEIN, Fulbright & help attendees avoid disciplinary complaints covered by insurance products have also been Jaworski LLP; GLENN G. FOX, Alston & and legal malpractice claims by first recognizing transferred using securities and other financial Bird LLP; ELIZABETH H.W. FRY, Pillsbury ethical issues before they ripen into an ethical products. At the same time, secondary trading Winthrop Shaw Pittman LLP; RICHARD S. dilemma and then applying common sense in life insurance policies, with its implications ROTHBERG, Cooley Godward Kronish LLP approaches to problems that could not be for capital markets and hedging strategies, has Credit: 3.0 total: 2.0 PP, 0.5 skills & avoided. Speakers will use real life hypotheticals fundamentally challenged traditional notions 0.5 ethics* to stimulate discussion of problems that arise of “insurable interest.” Clearly the line between in everyday practice. insurance and other financial products has been Program Chair: blurred. This program will explore the structure, Ethics RICHARD M. MALTZ, Frankfurt, Kurnit, uses, and regulations of various insurance-linked Klein & Selz, P.C. financial products, providing practical advice Ethics, Discipline, and Real and focusing on recent legal and market Faculty: developments. World Obligations DEBORAH A. SCALISE, Scalise & Hamilton Program Co-Chairs: 6 TUESDAY, 6 PM – 9 PM LLP; LEWIS TESSER, Tesser, Ryan & Rochman, LLP DANIEL A. RABINOWITZ, Sullivan & A premier faculty drawn from the judiciary, Cromwell LLP; EARL ZIMMERMAN, the disciplinary bar, and law firms will focus on Credit: 2.0 ethics* Sutherland Asbill & Brennan LLP the ethical and disciplinary issues confronting Faculty: attorneys in everyday practice, including BRIAN T. CASEY, Locke Lord Bissell & conflicts of interest, problems in representing Current Legal Ethical Issues Liddell LLP; RACHEL B. COAN, Katten closely-held entities, fee issues, common 29 THURSDAY, 6 PM – 9 PM Muchin Rosenman LLP; FRANCIS R. disciplinary complaints, and the ethical MONACO, Dewey LeBoeuf LLP; ALBERT J. responsibilities of partners and associates. Join us to hear this nationally renowned ethicist and well-regarded speaker address current issues PINZON, Cozen O’Connor Program Chair: of legal ethics. Programs typically feature eight Credit: 3.0 PP* EDWARD M. SPIRO, Morvillo, Abramowitz, to nine distinct topics which are chosen close in Grand, Iason, Anello & Bohrer, P.C. time to the event to maximize topicality. Some Faculty: of these pertain to specific areas of law practice intellectual property MADY J. EDELSTEIN, Deputy Chief including civil and criminal litigation and Counsel, Departmental Disciplinary corporate and transactional work. Issues Current Issues in Patent Practice Committee, Appellate Division, NYS common to all areas of practice—rules 8 THURSDAY, 6 PM – 9 PM Supreme Court, First Judicial Department; governing fees, conflicts of interest, confidential- HON. MARCY S. FRIEDMAN, Acting ity and privilege, unauthorized law practice by At this program, a panel of experts will teach NYS Supreme Court Justice, Civil Branch, lawyers, the no-contact rule, and malpractice you the legal issues that are essential to advising New York County; DAVID G. KEYKO, and liability to non-clients—are also included. clients on patent questions. This seminar, Pillsbury Winthrop Shaw Pittman LLP; HAL The topics are geared toward an audience of designed for both patent and non-patent R. LIEBERMAN, Hinshaw & Culbertson LLP diverse interests. Audience questions and practitioners, will focus on the practical aspects of evaluating and using patents in business, using Credit: 3.0 ethics* comments are encouraged. both lecture and roundtable discussions. Topics This program will not be taped. You will only to be addressed include description of a patent, have the chance to see it live. Ethical Issues Routinely claim construction, licensing, due diligence, and Program Instructor: infringement claims. Confronted By Solo and STEPHEN GILLERS, Emily Kempin Professor Program Co-Chairs: Small Firm Practitioners of Law, New York University School of Law T. DAVID BOMZER, Day Pitney LLP; 21 WEDNESDAY, 6 PM – 8 PM Credit: 3.0 ethics* RICHARD RAYSMAN, Holland & Knight LLP Solo practitioners and small firms face ethical Faculty: perils unique to their practices. Medium and insurance JAMES W. DABNEY, large firm practitioners who intend to start a Fried Frank Harris JAMES R. new law firm will face many of the same Shriver & Jacobson LLP; Insurance-Linked Securities: What KLAIBER, ethical problems. However, most of these Milbank Tweed Hadley & You Need to Know About These MARK I. KOFFSKY, ethical dilemmas can be avoided by simple McCloy, LLP; DAVID risk management techniques and a basic Financial Instruments Deputy General Counsel, SMSC; LEICHTMAN, Lovells LLP; THOMAS J. understanding of common pitfalls that arise 9 FRIDAY, 9 AM – 12 PM
*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice
12 | 44th Street notes | OCTOBER 2009 www.nycbar.org MELORO, Willkie Farr & Gallagher LLP; Law firms of all sizes are increasingly PETER A. SULLIVAN, Hughes Hubbard & discussing alternatives to the billable hour. Reed LLP More and more companies are using the Credit: 3.0 PP* economic environment as a reason to force rethinking of the billable hour. Getting management data from your accounting and LABOR & EMPLOYMENT LAW timekeeping systems is crucial. This program will examine the methodology for under- Current Issues in Connection standing the relationship between fees billed, with Reductions in Force (RIFs) time spent and revenues collected, so the data can be used to devise flat fees and still make and RIF Litigation money for the law firm. You will learn how 13 Tuesday, 6 PM – 9 PM to obtain management data from your accounting and timekeeping system data to Reductions in force (RIFs) are causing track practice area or attorney time and millions of employees to lose their jobs and profitability, referrals in and out, and 80/20 have had a devastating effect on our econo- client data. my. In addition, businesses often face litigation fallout after a downsizing takes Program Chair: place. This program will explore current CAROL SCHIRO GREENWALD, Professional issues faced by employers and employees in Services Marketing Consultant connection with RIFs, including: how RIF Faculty: decisions are made, avoidance of disparate GLEN SILVERSTEIN, Leader & Berkon LLP, impact discrimination, the use and negotia- ANDREA B. PRIGOT, President, Amicus tion of separation agreements, RIF statistics, Consulting, Inc. and litigation fallout. The program will Credit: 3.0 PM* review the effect of the United States Supreme Court’s recent New Haven firefight- er’s decision, Ricci vs. DeStefano, on disparate Legal writing impact analyses. Who should attend? Federal and state practitioners interested in counseling Real World Document Drafting®: clients on appropriate RIF procedures, Form, Style, and Substance negotiation of separation packages, and litigation of RIF-related claims. 8 THURSDAY, 9 AM – 4:30 PM Program Chair: Document drafting is important to the MARTIN W. ARON, Edwards Angell Palmer successful negotiation of a deal, particularly & Dodge LLP because most deals are today actually Faculty: negotiated by exchange of document drafts DR. CHRISTOPHER ERATH, Senior Vice with comments. Well-drafted legal docu- President, NERA Economic Consulting; ments not only articulate the terms of the HOPE SARAH GOLDSTEIN, Bryan Cave transaction, but also protect and advance LLP; PAUL M. RITTER, Kramer Levin the client’s interests, reduce the likelihood Naftalis & Frankel LLP of disputes, and establish the framework for successful business relationships. Credit: 3.0 PP* This program integrates the legal principles, skills, and experience related to negotiating LAW FIRM PRACTICE MANAGEMENT and drafting a range of contracts and other documents. It explores the underlying Managing for Value: How to principles of law that apply to specific Develop and Use Alternative contract provisions and considers alternative Billing Strategies ways to resolve issues in the document negotiation process. The focus is on produc- 27 TUESDAY, 6 PM – 9 PM ing readily comprehended legal documents
*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice www.nycbar.org OCTOBER 2009 | 44th Street notes | 13 that can serve as roadmaps for business NYS Supreme Court Justice, Bronx County; courts situated in New York County, we will relationships and can reduce the possibility HON. LUIS A. GONZALEZ, Presiding Justice, take a step-by-step walk through the courts and of related litigation. The last half-hour of the Supreme Court, Appellate Division, First the clerk’s offices. We will discuss literally to program will be devoted to a discussion of Department; ROSS N. HERMAN, NYS Office which room to go and to which clerks to speak. ethics and professional responsibility issues in of Attorney General; PATRICIA A. LUCA, Attendees will be provided with some helpful document drafting. Platzer, Luca & Pearl LLP; BRIAN J. SHOOT, hints and information about some of the Sullivan, Papain, Block, McGrath & “unwritten rules” by which the clerks abide. Special Feature: Program attendees will Cannavo P.C.; JOYCE MORIN UTZ, Radna & A Walk Through the Courts is designed to help receive a free copy of the program instructor’s Androsiglio LLP; JESSE S. WALDINGER, you and your staff get the job done most book, Real World Document Drafting®: Waldinger Associates, P.C. efficiently for your client. A Dispute Avoidance Approach (©ALI-ABA, 2008). This book will help you draft better Credit: 3.0 Skills* Program Chair: transactional documents, franchise and KENNETH M. MOLTNER, Bressler, Amery & distribution agreements, IP licenses, Ross, P.C. commercial leases, settlement agreements, Sealing the Record: Current Issues Faculty: and other documents. in Litigation Confidentiality SUZANNE ALENICK, Managing Attorney, Freshfields Bruckhaus Deringer LLP; This program will not be available on tape. 5 MONDAY, 6 PM – 9 PM You will only have the chance to see it live. HON. ARTHUR ENGORON, New York City This program will explore current issues in Civil Court Judge, New York County; Co-Sponsored by ALI-ABA balancing the public’s right of access to the RICHARD RODRIGUEZ, Managing Clerk, Program Instructor: judicial process against private litigants’ Sheppard Mullin Richter & Hampton LLP; MARVIN GARFINKEL, Drinker, Briddle & interests in protecting their trade secrets or JAMES A. ROSSETTI, Chief Deputy County Reath LLP other confidential information from disclosure. Clerk, New York County Clerk’s Office A growing number of courts deny sealing Credit: 7.0 total: 6.5 skills & 0.5 ethics* Credit: 2.0 PP* requests even if they are supported by all parties. Who should attend? Federal and state practitioners interested in maximizing their Litigation Expert Testimony: Recent chances of winning a sealing motion, or in Trial Skills: Protecting the Record counseling clients at the outset of litigation Developments and Practical as to what information can realistically be Solutions to Common 1 THURSDAY, 6 PM – 9 PM protected from disclosure. Practice Problems Effective advocacy can be like walking a Program Chair: 28 WEDNESDAY 6 PM – 8:45 PM tightrope. How do you maximize your MICHAEL J. FRIEDMAN, Winston & prospects for victory at trial while laying Strawn LLP This program focuses on identifying and the foundation for a successful appeal at Faculty: resolving problems associated with the retention, the same time? This interactive program, GEORGE F. CARPINELLO, Boies, Schiller & noticing, preparation, and use of experts, both featuring a mock malpractice trial, will Flexner LLP; CAROLYN FOLEY, Davis Wright in motion practice and at trial. Recent develop- teach you the nuts and bolts of making Tremaine LLP; GEORGE FREEMAN, Legal ments will be highlighted, best practices will be your record, from jury selection to verdict Department, The New YorkT imes Company; emphasized, and practical solutions to common and beyond. LEON FRIEDMAN, Professor, Hofstra practice problems will be explored. Our panelists, consisting of prominent University School of Law; ARTHUR MILLER, Program Chair: members of the appellate and trial judiciary, Professor, New York University School of DAVID PAUL HOROWITZ, Ressler & Ressler experts in appellate practice, and accom- Law; Special Counsel, Milberg, LLP; DAVID & Law Office of David Paul Horowitz plished trial lawyers, will grapple with a SCHULZ, Levine Sullivan Koch & Schulz, LLP Faculty: variety of fascinating and thorny trial record Credit: 3.0 PP* HON. EILEEN BRANSTEN, Supreme Court issues that can ambush the unwary practition- Justice, New York County, Civil Branch; er. You will learn techniques applicable to BRUCE G. HABIAN, Martin Clearwater & any personal injury case. A Walk Through the Courts Bell LLP; HON. LISA MARGARET SMITH, Program Chair: U.S. Magistrate Judge, Southern District of 19 MONDAY, 6 PM – 8 PM JOHN P. LOPRESTI, JR, Law Offices of John New York P. LoPresti, Jr. The court system can seem like a gigantic maze, Credit: 3.0 skills* Faculty: particularly for beginning practitioners or even ANDREW BAROVICK, Law Offices of Steven managing attorneys and their staff. So let’s be E. North, P.C.; HON. LUCY A. BILLINGS, very practical. Focusing on the state and federal
*This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice
14 | 44th Street notes | OCTOBER 2009 www.nycbar.org real estate restructuring objectives and strategies, as well as an overview of alternative workout models Hot Topics Affecting Cooperatives and several “hot tips” for lenders and and Condominiums: Cases and borrowers both in the foreclosure process and Marketplace Developments in the in loan workouts. Last Six Months Program Co-Instructors: BRUCE J. BERGMAN, Berkman, Henoch, 2 FRIDAY, 8:30 AM – 10:30 AM Peterson & Peddy, P.C.; RICHARD S. FRIES, This program is essential for those who practice Bingham McCutchen LLP coop/condo law. First there will be a review of Credit: 3.0 PP* cases decided in the past six months. A discus- sion dedicated to sponsor problems, issues, and remedies will follow. Each segment will have TAX & ACCOUNTING a short presentation followed by a full panel discussion to delve into and examine the fine Accounting for Lawyers: Beyond points of each topic, including ILSA, construc- the Balance Sheet—Recognizing tion defects, the Martin Act, and a sponsor’s the Red Flags of Fraud refusal to give up control of the building. 7 WEDNESDAY, 9 AM – 1 PM Program Chair: ANDREW P. BRUCKER, Schechter & Dare we say it: Accounting for lawyers can be Brucker P.C. fun? Our new program comes right from what Faculty: you’ve told us you need to know about account- DALE J. DEGENSHEIN, Stroock & Stroock ing. Instead of just a review of the basic financial & Lavan LLP; RONALD JAY GOLD, Kagan statement, this program will help lawyers Lubic Lepper Lewis Gold & Colbert, LLP; identify the markers of potential trouble. Listen MATHEW J. LEEDS, Ganfer & Shore, LLP; to our lively and insightful lawyers, who have STEVEN D. SLADKUS, Wolf Haldenstein proven time and again their ability to make sense Adler Freeman & Herz LLP out of “numbers” and “spreadsheets,” as they team up with leading forensic accounting and Credit: 2.0 PP* business valuation experts to walk through several true-to-life scenarios. Case discussion will address three different “schemes”: revenue Basics of Residential and recognition, loan portfolio reserves and losses, Commercial Foreclosure and and inventory valuation. Beyond in Today’s Market Program Chair: SHARI HELAINE LITTAN, 26 MONDAY, 6 PM – 9 PM Attorney & CPA, Litigation & Professional Education Handling foreclosures today is different than Faculty: it once was. New York was the first state to DANIEL L. BERGER, Pomerantz Haudek comprehensively address the foreclosure crisis Grossman & Gross LLP; SHARON SABBA by overhauling its foreclosure laws. Many FIERSTEIN, CPA, Litigation & Corporate practitioners lack the understanding of the Financial Advisory Services, Marks Paneth & foreclosure process. Are you prepared to advise Shron LLP; HENRY B. GUBERMAN, CPA/ and represent your clients? This program will ABV, CFF, CFE, CDFA, DABFA, Principal, cover New York residential and commercial Lazar Lipton Valuation Services, A Division foreclosure in detail by discussing what you need of Parente Randolph, LLC; ANNE MARIE to know to successfully and efficiently handle MINOGUE, Associate Director, Business Risk a mortgage foreclosure action and avoid pitfalls Group, Protiviti; FRAN OBEID, Obeid & inherent in the process. Goals, procedures, Lowenstein LLP; THOMAS REES, CPA, strategies, and issues will be explored, along Managing Director, Forensic and Litigation with “hot topics” including predatory lending Consulting, FTI Consulting; DANIEL and non-judicial foreclosure. The new subprime ZELENKO, Crowell Moring LLP; JAMES D. statute will be addressed. The program will also ZIRIN, Sidley Austin LLP cover the latest and most important workout and Credit: 4.0 PP* *This live program provides New York & California transitional/non-transitional credit to all attorneys. Credit abbreviations: PM=practice management; PP=professional practice www.nycbar.org OCTOBER 2009 | 44th Street notes | 15 COMMITTEE REPORTS
AIDS Education and the Law Letter to the Centers for Disease Control and Prevention, U.S. Depart- Report opposing A.8398/S.5636, proposed New York legislation that ment of Health and Human Services, supporting the Department’s would: (1) reduce the statute of limitations for due process claims under proposed regulations, which would remove HIV from the list of the Individuals with Disabilities Education Act (IDEA) for unilateral “communicable diseases of public health significance” and remove HIV parental placement in a private school; (2) require mandatory mediation testing from the routine medical examination of lawful permanent prior to commencement of a due process hearing under Education Law resident applicants. 3602-c; and (3) impose limitations on access to special education for students receiving transportation to non-public schools outside their Civil Rights district of residence. The report urges that the Legislature reject these Legal Issues Pertaining to Animals portions of the Bill and defer consideration of all other provisions of the Letter to Congress urging the repeal of the Animal Enterprise Ter- Bill until such time as the Regents have had an opportunity to consider rorism Act (“AETA”), 18 U.S.C. § 43, because as currently drafted the issues raised during the recent public hearings. the AETA’s expansive definition of damages threatens to criminal- ize public speech activities, and AETA infringes on protected First Immigration and Nationality Law Amendment actions like pamphleteering, peaceful protest, and Letter to the U.S. Department of Homeland Security urging it to demonstrations by animal rights and other groups. The letter also review the current policy regarding mandatory detention under Section urges that pending indictments under AETA be dismissed and that 236(c) of the Immigration and Nationality Act (INA) and start exercis- the Attorney General forebear from seeking any further prosecutions ing discretion in the detention of lawful permanent residents even if an under the statute. individual is an arriving alien under INA Section 101(a)(13)(C) or falls under the mandatory detention provisions of INA Section 236(c). Corrections Report expressing support for A.1747/S.3344, which would give Inter-American Affairs the New York State Department of Health oversight of healthcare International Security Affairs services in correctional facilities. Such oversight, the report argues, Military Affairs and Justice would ensure that health services at prisons and jails meet the same Letter to U.S. Senate Committee on Foreign Relations urging that the standards as hospitals throughout New York, significantly raising Inter-American Convention Against the Illicit Manufacturing of and the overall level of professionalism in prison health care. Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials be ratified as it will allow the United States to partner Report expressing support for A.8065/S.4368-A, which would meaningfully with the Latin American nations to overcome common strengthen the standard under which employers and licensing agencies obstacles through collective action. in New York consider applicants and employees with criminal records, by requiring employers and state agencies to articulate an “immediate International Human Rights and substantial connection” of the criminal conviction to proposed Letter to the All China Lawyers Association expressing concern over (or current) employment that also creates an unreasonable risk to reports by lawyers in China of increased harassment in the course of persons or property. their work, in particular, the harassment of Shanghai human rights Report expressing support for A.2266/S.1266, the New York Voting lawyer Zheng Enchong, the denial of annual licensing for numerous Rights Notification and Registration Act, which would require courts rights defense lawyers, and the continued disappearance of lawyer to inform a defendant that incarceration for a felony conviction will Gao Zhisheng. Such intimidation undercuts the role of lawyers, result in the loss of voting rights at the time he or she pleads guilty or who are essential to a society to be governed by the rule of law, and is sentenced, provide that defendants receive information regarding is inconsistent with the international standards set forth in the UN voting once they become eligible to vote, and require criminal justice Basic Principles on the Role of Lawyers. agencies to inform the Board of Elections when an individual becomes Letter to the Prime Minister of Cambodia expressing concern that eligible to vote after completing a term of incarceration. attorneys in Cambodia are being subjected to threats and intimida- Criminal Justice Operations tion. Such threats and intimidation are inconsistent with the Royal Government of Cambodia’s commitment to international standards as The report “Immigration Detainers Need Not Bar Access to Jail set forth in the UN Basic Principles on the Role of Lawyers. Diversion Programs” reviews the role that detainers play in the criminal justice and immigration systems and urges the removal Human Rights in Action: A Brief History of the New York City Bar’s of barriers to participation in jail diversion programs so that Work to Promote Peace and Respect for Human Rights in Northern immigrants with detainers are not automatically disqualified Ireland. This report surveys the Committee on International Human (formally or informally) from consideration for participation Rights’s longstanding work in Northern Ireland and its valuable and in jail diversion programs. important role in promoting peace and respect for human rights in this region of the world.
16 | 44th Street notes | OCTOBER 2009 www.nycbar.org International Trade Letter to the U.S. Department of State raising concerns about the The opinion concludes that under the New York Rules of Professional new policy adopted by the Response Team of the Directorate of Conduct (the “Rules”), a lawyer may ethically ask a witness to refrain Defense Trade Controls that it will not respond to inquiries from from voluntarily providing information to an adversary, but the Rules external legal counsel unless counsel identifies all parties to the do prohibit lawyers from assisting witnesses in avoiding court process, proposed or actual export transaction and specifies the defense intimidating witnesses, or bribing them. In addition, the opinion article, data, or service involved. advises that lawyers should remain wary of providing legal advice to unrepresented witnesses. Legal Issues Pertaining to Animals Formal Opinion 2009-6 considers whether (assuming informed Report expressing support for the Shark Conservation Act of 2009 consent at the outset of a joint representation of multiple clients) the (S.850), which would amend the High Seas Driftnet Fishing Morato- clients may delegate complete authority to their lawyer to negotiate rium Protection Act and the Magnuson-Stevens Fishery Conservation and bind them collectively to a settlement, thereby waiving any right and Management Act to close the loophole that currently allows trans- to review and approve the settlement. The opinion concludes that the port of shark fins that were illegally obtained as long as the fins were informed written consent of each and every client is required in order not obtained aboard that vessel, and correct the current shortcomings to bind multiple clients jointly represented by the same lawyer and in the application of the finning ban in the U.S. Pacific Ocean. Both that the requirement of individual informed consent may not be of these components will strengthen the ban on shark finning. waived by any of the jointly represented clients.
Lesbian, Gay, Bisexual, and Transgender Rights State and Local Taxation Dignity Now: The Campaign to Stop Bullying and Bias-Based Harassment The report The Quorum Problem Affecting the New York State and New in New York City Schools, co-authored by the New York Civil Liberties York City Tax Appeals Tribunals examines the problem of Tribunals Union, discusses the history of New York City’s law designed to provide being unable to provide the required prompt analysis of tax con- some degree of protection for students against bullying and harassment, troversies, because they lack the requisite quorum prescribed under notes the City Administration’s resistance to implementing the law, and the statute to render a decision, and there is no provision to allow a concludes that recent regulations in this area fall short and more must quorum to be formed. The report offers several possible solutions to be done to fully protect New York City’s youth. the quorum problem and urges that corrective action be taken so that the Tribunals can deliver prompt and fair reviews. Lesbian, Gay, Bisexual, and Transgender Rights Sex and Law Amicus Brief: Debra H. v. Janice R. filed with the New York State Court of Appeals. The brief urges the court to grant standing to the non-biological, non-adoptive mother of a child conceived by the mother’s same-sex partner through anonymous donor insemination and raised jointly by both mothers in the context of a committed relationship, to seek custody or visitation rights—as well as a duty of support—as to that child upon the dissolution of the parents’ relationship.
National Security and the Rule of Law, Task Force Letter to President Obama expressing concern with and opposition to legislation that would authorize indefinite or prolonged detention without trial of persons considered by the executive branch to be dangerous to national security.
Professional and Judicial Ethics Formal Opinion 2009-5 considers whether a lawyer may ask a witness who has not been subpoenaed and is not otherwise under court process to refrain from voluntarily providing information to other parties to the litigation.
www.nycbar.org OCTOBER 2009 | 44th Street notes | 17 OCTOBER 2009 cle registration form
trial Skills: Protecting the Record Current Issues in Connection with Reductions in Basics of Residential and Commercial October 1 Force (RIFs) and RIF Litigation Foreclosure and Beyond in Today’s Market Member Non-member October 13 October 26 Live program (includes materials): $195 $305 Member Non-member Member Non-member CDs (includes materials): $335 $405 Live program (includes materials): $215 $325 Live program (includes materials): $215 $325 DVDs (includes materials): $445 $535 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 hot Topics Affecting Cooperatives and Condominiums: Cases and Marketplace the Cans and Can’ts of Trust Decanting: How Managing for Value: How to Develop and Use Developments in the Last Six Months to Pay Over Assets from One Trust to Another Alternative Billing Strategies October 2 October 14 October 27 Member Non-member Member Non-member Member Non-member Live program (includes materials): $215 $325 Live program (includes materials): $215 $325 Live program (includes materials): $205 $315 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135
sealing the Record: Current Issues in Litigation hot Topics in Bankruptcy Litigation 2009 Complying with FCPA in a Heightened Confidentiality October 15 Enforcement Environment: What Advice October 5 Member Non-member You Need to Give Your Clients and When Member Non-member Live program (includes materials): $215 $305 October 28 Live program (includes materials): $195 $305 CDs (includes materials): $335 $405 Member Non-member CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 Live program (includes materials): $335 $445 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 CDs (includes materials): $445 $615 Book Only (no CLE credit): $105 $135 DVDs (includes materials): $605 $765 16-Hour Bridge-the-Gap: Corporate Materials only (no CLE credit): $105 $135 and Litigation ethics, Discipline, and Real World Obligations October 16 & 23 Expert Testimony: Recent Developments and October 6 Member Non-member Practical Solutions to Common Practice Problems Member Non-member Live program (both days): $445 $695 October 28 Live program (includes materials): $245 $355 Live program (per days): $395 $535 Member Non-member CDs (includes materials): $365 $435 CDs per day (includes materials): $485 $655 Live program (includes materials): $205 $315 DVDs (includes materials): $475 $565 DVDs per day (includes materials): $645 $795 CDs (includes materials): $335 $405 Book Only (no CLE credit): $105 $135 Materials only (no CLE credit): $235 $355 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Accounting for Lawyers: Beyond the Balance A Walk Through the Courts Sheet—Recognizing the Red Flags of Fraud October 19 “Say On Pay”: Where We Are, How We Got October 7 Member Non-member Here, and Where We’re Headed Member Non-member Live program (includes materials): $195 $305 October 29 Live program (includes materials): $225 $335 CDs (includes materials): $335 $405 Member Non-member CDs (includes materials): $335 $405 DVDs (includes materials): $445 $535 Live program (includes materials): $215 $325 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 CDs (includes materials): $335 $405 Materials only (no CLE credit): $105 $135 DVDs (includes materials): $445 $535 Cap and Trade and Government Incentives for Materials only (no CLE credit): $105 $135 Current Issues in Patent Practice Renewable Energy October 8 October 21 Current Legal Ethical Issues Member Non-member Member Non-member October 29 Live program (includes materials): $205 $315 Live program (includes materials): $205 $315 Member Non-member CDs (includes materials): $335 $405 CDs (includes materials): $335 $405 Live program (includes materials): $265 $375 DVDs (includes materials): $445 $535 DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 Materials only (no CLE credit): $105 $135 Hot Topics in Advertising and Marketing Law 2009 ® Real World Document Drafting : ethical Issues Routinely Confronted By Solo and October 30 Form, Style, and Substance Small Firm Practitioners Member Non-member October 8 October 21 Live program (includes materials): $205 $315 Member Non-member Member Non-member CDs (includes materials): $335 $405 Live program (includes materials): $385 $485 Live program (includes materials): $215 $325 DVDs (includes materials): $445 $535 CDs (includes materials): $335 $405 Materials only (no CLE credit): $105 $135 insurance-Linked Securities: What You Need DVDs (includes materials): $445 $535 to Know About These Financial Instruments Materials only (no CLE credit): $105 $135 October 9 Member Non-member Live program (includes materials): $215 $325 city bar center for CLE policies CDs (includes materials): $335 $405 Member rates apply to City Bar and co-sponsoring organization members. A $25 “walk-in” fee will be charged for DVDs (includes materials): $445 $535 Materials only (no CLE credit): $105 $135 reservations received after 3:00 p.m. one business day prior to the program. For more information on registration, cancellations, refunds, fees, and credit, please visit our website at www.nycbar.org or call 212.382.6663.
All registrations must be prepaid by either credit card or a check made payable to: City Bar Center for CLE or New York City Bar.
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Signature 5x5 _notes ad.qxp 9/17/2009 10:56 AM Page 1
SIXTH ANNUAL LAW PRACTICE MANAGEMENT SYMPOSIUM BASIC TRAINING FOR LAWYERS: continued from back page 4:00 PM – 5:30 PM: Understanding a Law Firm as a Business and Your Role Jumping In and Staying Afloat as an Associate In this session you will learn about a law firm’s in Your Solo or Small Firm business structure, firm economics, and legal business fundamentals and how you, as an associate, affect the law firm as a business. Practice Applying this knowledge will help you perform NOVEMBER 5, 2009 | 8:30 AM - 5 PM | NEW YORK CITY BAR as a business-minded (and profitable!) associate and, ultimately, better serve your own legal career. “There is no substitute for hard work” – Thomas Edison Speaker: Rick Trilling, Professor, Boston Amid the continued economic gloom of 2009 it takes a leap of faith, a University School of Law; Partner, Lemelman healthy dose of optimism, and lots of planning to start a small law firm. & Trilling • Networking Breakfast 5:45 PM – 7:15 PM: Adding Value: How to • Track 1 - Small Firm Startup on a Shoestring Budget Stand Out and Hit the Ground Running • Track 1 - Best Strategies to Grow Your Small Firm in a Down Economy It is more important now than ever to stand out • Track 2 - Small Firm Tech Support as a junior attorney at your job. In this session, • Track 2 - Solo and Small Law Firms: Equalizing the Legal Playing Field professional development directors and partners • Networking Lunch Plenary Session: Cost-Effective Marketing, Online Presence, and Social Networking from leading firms will provide information on • • Plenary Session: Escrow Accounts: Learn the Rules/Avoid the Pitfalls how to become an indispensable part of your • Plenary Session: Business Opportunities/Association’s Legal Referral Service legal team or practice group, with a focus on • Plenary Session: Cultivating Work-Life Synergy for a Solo or Small Law Firm Practitioner work habits and time management, professional- • Wind-Down Reception with Live Music by the “Mad Jazz Hatters” ism, and the development of a specialty or expertise. You will learn how to become a “go-to” Register online at www.nycbar.org | For more information, email Alla Roytberg at [email protected] attorney, thereby increasing the security of your position and enhancing your professional success and satisfaction. Moderator: Ian Nelson, Vice President, Practical Law Company Speakers: Michael S. Hong, Paul, Weiss, Rifkind, Wharton & Garrison LLP; Susan Kohlmann, Jenner & Block; Joanne Ollman, Chief Professional Resources Officer, Proskauer Rose LLP; June Witterschein, Professional Development Director, New York City Law Department 7:15 PM – 8:15 PM: Networking Reception The fee for the program is $50 for members, $110 for non-members (includes 1 year of City Bar membership), and free to students and alumni of sponsoring law schools. Transitional NY MCLE credit may be available for some programs. For complete program descriptions and to register, please visit www.nycbar.org Sponsored by Brooklyn Law School, Cardozo School of Law, Columbia Law School, Fordham Law School, Hofstra Law School, New York Law School, New York University School of Law, Pace Law School, St. John’s University School of Law, University of Connecticut School of Law, the New York Law Journal, and Practical Law Company
www.nycbar.org OCTOBER 2009 | 44th Street notes | 19 44th Street notes | OCTOBER 2009 periodicals
Professional development
1:30 PM – 2:45 PM: Communication Boot Camp 2009: Skills All Young Associates and Students October Career Development Basic Training Should Learn This session will provide tools to enhance and Networking Events and for Lawyers listening and communication skills in order CLE Courses This two-day program will provide recent law to better assess partners’ perspectives and 1 THURSDAY, 6:30 PM – 10 PM graduates and current law students with career goals and increase presentation effectiveness Dinner Cruise on the Spirit of New York planning information particularly relevant in to generate confidence, instill trust, and Young Lawyers Connect – First Thursdays a troubled economy, as well as practical and communicate knowledge clearly. substantive insights into the practice of law. Speaker: Jay Sullivan, Partner, Exec/Comm 6 TUESDAY, 6 PM – 9 PM Whether seeking a job at a large or small law CLE – Ethics, Discipline and Real World 3:00 PM – 5:00 PM: Networking—Establishing firm, in government or in public interest, these Obligations Strategic Alliances sessions will provide information that will help The session will discuss the art of networking and you achieve success when you join a firm or 6 TUESDAY, 5:30 PM – 8:30 PM how to meet potential employers and clients that other legal employer. Letting It All Hang Out: Better Lawyering will enable you to build and cultivate your own Through Awareness of Client and Self Day One professional career support network. Speakers will 13 & 14, TUESDAY & WEDNESDAY Tuesday, October 13, 10 AM – 5 PM provide tips on all aspects of personal marketing, including: how to present oneself in a professional Boot Camp 2009: Basic Training for Lawyers 10:00 AM: Registration environment, how to follow up on an initial 14 WEDNESDAY, 6 PM contact, how to sustain meaningful contact, how 10:30 AM – 12:30 PM: Integrating Deferment/ Intelligent Interviewing: Telling Your Story, to uncover potential career opportunities, and Unemployment into Long-Term Career Plans Selling Yourself Successful attorneys begin planning their careers how to transform information into opportunity. well before their first job. At this session, recent Speakers: Tracy LaLonde, Partner, Akina; 15 THURSDAY, 6:30 PM – 8:30 PM graduates and law students will learn how to Mark Parise, Kramer Levin Naftalis & Program and Reception for 2010 International LLM Candidates create and implement a successful career plan Frankel LLP and while doing so implement both professional 20 TUESDAY, 7PM and financial strategies for navigating deferments Day Two City Bar Contemplative Lawyers Group – or unemployment. Wednesday, October 14, 1 PM – 8 PM Practicing Law and Cultivating Wisdom: Moderator: Lisa cuevas, Director of 1:00 PM: Registration A Meditative Perspective Attorney Programs and Resources, Weil, 21 wednesday, 6PM – 8 PM Gotshal & Manges LLP 1:30 PM – 3:45 PM: The Anatomy of Litigations and Transactions CLE – Ethical Issues Routinely Confronted Speakers: Camille Chin-Kee-Fatt, Director In this session, you will learn the logistics of By Solo and Small Firm Practitioners of Career Services, Brooklyn Law School; running a case from the filing of the complaint 22 THURSDAY, 12:30 PM – 2 PM adam hemlock, Weil, Gotshal & Manges through the discovery process, pre-trial motions, Small Law Firm Luncheon: Integrated LLP; Carol Kanerek, Principal, Kanarek & and post-trial briefs. You will also learn about Networking – Meet, Talk, Tweet, Blog Brady LLC; Suzanne R. Katz, Financial the negotiation of the key terms of a transaction Planning Specialist, Morgan Stanley Smith and the drafting process, from a term sheet or Barney LLC; Linda E. Laufer, Firmwide letter of intent to the definitive transaction and Director of Attorney Development, Morgan, ancillary documents. Lewis & Bockius LLP Litigation Speaker: STEVEN KOBRE, Kobre & Kim LLP Transactional Speaker: Charles Fox, Fox Professional Development LLC continued on p.19