Forty-Fourth Street Notes

Highlights: UNCHARTED TERRITORY: June 2007 CIVIL COMMITMENT OF SEX OFFENDERS

New York City Bar By Barry Kamins, President Presents 2nd Annual Diversity Champion n April 13th, became the twentieth The Association remains con- Awards: state to enact legislation that civilly commits cerned, however, with portions Osex offenders after the completion of their of the that permit civil June 7, Page 11 criminal sentences. The new law creates a sea change in commitment proceedings to be the way our justice system deals with individuals who applied to first-time offenders The Art of Execution: commit sex crimes. Thus, it was hoped that the legisla- whose crimes are not violent. Through the tive process that led to its passage would have been an In addition, the law permits Camera’s Lens: open and collaborative one that accommodated the confinement of individuals June 19, Page 7 views of the various stakeholders and, at the very least, who commit one of seventeen appeared to be transparent. Unfortunately, that was not non-sexual crimes and certain Effective Representation the case; the legislation was drafted behind closed non-violent crimes if a jury finds, after the fact, that Impossible Under doors with little discussion and no opportunity for the offense was motivated by a desire for ’s public comment. "sexual gratification." Theoretically, it is possible that Proposed Order such confinement can be for life. In addition, the law Restricting Attorney Access To its credit, the law is an improvement on prior pro- posals. For example, the legislation mandates that con- permits a person already released from his prison sen- to Guantanamo Detainees: tence to be detained again and held for more than Page 10 victed sex offenders have access to treatment from the outset of their sentences. It delegates to mental health sixty days without any finding that he is a dangerous officials, rather than law enforcement officers, the pri- sex offender. Finally, the law contains no assurance City Bar Justice Center’s mary role in selecting offenders for possible civil con- that attorneys who are appointed to handle commit- Annual Gala: finement. In addition, the law provides that except in ment proceedings will be adequately trained in both Page 12 "extreme" cases involving the "most dangerous" offend- the fields of mental health law and criminal law. ers, judges presiding in civil commitment proceedings New York is entering unchartered territory and the CLE: Securities should impose conditions of "strict and intensive concern is heightened by the knowledge that prior to Arbitration & Mediation supervision" rather than confinement in secure institu- the bill’s passage, there was little input from relevant Hot Topics 2007: tions. experts. The experience in other states is troubling.

June 5, Page 18 CONTINUED ON PAGE 14 CLE: Current Ethical Issues LAWYERS’ ASSISTANCE PROGRAM for the Entertainment Lawyer: ADDS SUPPORT GROUPS June 4, Page 19 t can feel like there’s never room in the legal profes- "Lawyers are used to being the ones responsible for CLE: Update on sion for lawyers suffering from depression. The taking care of things, for taking care of people. This E-Discovery – Six Months Ihours, the stress the demands: it can make depres- feeling can be an almost insurmountable barrier sion - and other mental disorders - seem even more After the Amendment of towards getting help with depression or other condi- unbearable. From the competitive law school envi- tions – or even to admitting to yourself that you’re the Federal Rules: ronment through achieving partnership, many lawyers suffering." June 6, Page 22 feel as though they can’t confess to suffering from But it doesn’t have to be this way. LAP, already an depression without being humiliated. They further important resource for lawyers suffering from men- Vol. 22, No. 6 worry that any admission of suffering in this way can tal illness or substance abuse, is launching a new pro- hurt them professionally, thanks to a persistent, false ject to try to help: support groups and group thera- stigma regarding mental illness. py for lawyers. This project will reinforce the notion This logically leads to lawyers and law students who that lawyers suffering from depression are not alone, are struggling with or even recovering from clinical that there are others in their position who are also depression feeling very isolated, and avoiding seeking suffering but are learning to overcome the struggles real help. Eileen Travis, head of the Lawyer’s of depression.

Assistance Program (LAP) at the City Bar, remarks, CONTINUED ON PAGE 15 A publication of The Association of the Bar of the City of New York 1 COMMITTEE REPORTS–JUNE, 2007

Contents Criminal Justice Operations ment, while at the same time limiting the legal exposure for the Letter to the NYS Assembly Codes Committee urging consider- employer. Uncharted Territory: Civil ation of the Innocence Project’s model legislation, though Commitment of Sex Offenders 1 imperfect, as a first step toward improving the preservation of Legal Issues Pertaining to Animals biological evidence. Report supporting Council bill Intro. No. 44 Lawyers’ Assistance Program which would amend the New York City Administrative Code Adds Support Groups 1 Election Law to prohibit the operation of a horse-drawn cab in any area of A Proposed New York State Constitutional Amendment to the Borough of Manhattan other than in the area inside or Committee Reports 2 Emancipate Redistricting from Partisan Gerrymanders: immediately adjacent to Central Park. Partisanship Channeled for Fair Line Drawing. This report pro- Volunteers Sought for poses a comprehensive amendment of the reapportionment Report supporting A.4897 and S.3529 which would amend Monday Night Law 2 and redistricting provisions of the New York State Constitution. the Agriculture and Markets Law to penalize as a Class A mis- The report urges that a constitutional amendment is necessary demeanor the intentional killing or stunning of any fur-bear- Calendar of Events 4-8 to mandate redistricting criteria, and to guarantee a process for ing animal by means of an electrical current. The report This Month in City Bar History 9 decennial redistricting that will foster electoral competition and argues that while the fur industry uses several methods, responsive government. including gassing, strangulation, and electrocution, to kill ani- Effective Representation Under the proposed amendment a permanent districting com- mals, the method of electrocution is especially painful and Impossible Under Proposed mission would be created. The amendment would also list the traumatic to the animal, and is an inherently cruel and inhu- Order Restricting Attorney criteria on which the Commission’s plan must be based. mane method of killing animals. Access to Guantanamo Though plans for both legislative and congressional districts Detainees 10 would be wholly insulated from legislative review, a plan may be Letter to Governor Spitzer expressing concern with proposed overturned by the state courts if it is clearly erroneous under the budget cuts in two vital animal welfare , the Animal New York City Bar Presents criteria of the amendment and would still be subject to review Population Program and the Pet Dealer Licensing Law. 2nd Annual Diversity in federal courts. Champion Awards 11 Lesbian, Gay, Bisexual and Transgender Rights Futures and Derivatives Regulation Report supporting A.7438/S.4794-A, The Gender Expression City Bar Justice Center Letter to the Office of the Comptroller of the Currency, Federal Nondiscrimination Act, which would amend the executive law, Second Annual Gala 12 Reserve System, Federal Deposit Insurance Corporation and the the civil rights law and the education law, to prohibit discrim- Office of Thrift Supervision expressing support for the new risk- ination based on gender identity or expression; and to amend At the Gala in Photos 13 based capital adequacy framework jointly proposed by the the penal law and the criminal procedure law to add gender above agencies. identity or expression to the list of offenses subject to treat- City Bar Center for CLE 16-27 ment as hate crimes. The Act would thereby offer protection Making a Move — Labor and Employment Law to transgender and gender variant people from discrimina- Switching Practice Areas 28 Letter to Governor Spitzer urging the administration to adopt tion, harassment, and assault to the same extent such protec- safe harbor legislation that would absolve employers from neg- tions are now provided to racial minorities and gay and lesbian ligent hiring claims in instances where they hire ex-offenders people under New York law. after receiving and reviewing a valid Certificate of Rehabilitation. The proposed legislation would help ex-offend- Reports are available on the Association’s website, ers reintegrate into society by removing barriers to employ- www.nycbar.org, or by calling 212-382-6624.

Forty-Fourth Street Notes VOLUNTEERS SOUGHT FOR Volunteer attorneys must commit to attending the program one Monday evening per month from October 2007, through Jayne Bigelsen Editor MONDAY NIGHT LAW August 2008, at the Association. Volunteers also must attend Michael Silverstein Associate Editor two training seminars, which will be held on Monday, Sept. Curtis&Company Graphic Design The Monday Night Legal Advisory Workshop (LAW), which 17 and Monday, Sept. 24. The sessions are from 5:45 p.m. to begins its 17th year in September, is seeking volunteer attor- 9 p.m. There also will be a supplemental training on small Adele Lemlek neys. Monday Night LAW is designed to address the public's Marketing Director business issues later in the fall. need for affordable and accessible legal assistance by having Alison Fidler Advertising about 15 attorneys available every Monday evening to meet (212) 382-6753 No experience in the topics covered is necessary, but volun- with clients who have been screened by the Association's teers must have been admitted to practice for a minimum of Barbara Berger Opotowsky Legal Referral Service. two years. Executive Director Printed on recycled paper During half-hour appointments, the clients and attorneys New York State skills CLE credit will be available to those Forty-Fourth Street Notes (ISSN 10791019) is discuss problems in the areas of housing, employment, fami- committing to the program, and completing the require- published monthly except July and August for ly matters, and personal bankruptcy. Earlier this year, the $25 per year by The Association of the Bar of ments for the live training. Volunteers also may earn pro the City of New York, 42 West 44th Street, New program added small business counseling, and tax assistance bono CLE credit for clinic work. York NY 10036-6689. Periodicals postage is provided on a monthly basis by the City Bar’s Committee paid at New York NY. Postmaster: Send on Personal Income Taxation. address changes to 44th Street Notes, 42 West For information or an application to participate, please 44th Street, New York NY 10036-6689. For request the Monday Night LAW program description and subscription information, please call (212) The attorneys do not accept cases or represent parties, but volunteers’ questionnaire via E-mail from the Legal Referral 382-6695. they distribute materials; provide explanations and sugges- Service at [email protected], or call LRS at 212-382-6715. All NYC Bar Members: tions to help clients understand and find solutions to their program materials will be distributed via e-mail in August. To change your address, please contact legal problems; and make referrals; where appropriate, to the (212) 382-6665 or [email protected] Legal Referral Service or other legal services providers. www.nycbar.org 2 www.nycbar.org Upgrade to Silverjet.

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* from London $899 one way fly .com Call 877 FLYSILVERJET *Based on round trip purchase, excluding taxes and charges. www.nycbar.org 3 JUNE 2007 CALENDAR 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.

1 Friday, 6 pm 6 Wednesday, will provide attendees with an 7 Thursday, 8:30 am – 10 am 8:30 am - 9:30 am introduction to project finance FRIDAY EVENING CHAMBER transactions and the opportuni- PROFESSIONAL DEVELOP- MUSIC AT THE ASSOCIATION BREAKFAST SERIES: ty to learn more about law prac- MENT BREAKFAST WORK- The PACS Woodwind Quintet WOMEN IN COMMERCIAL tice in this exciting field from a SHOPS LITIGATION PART IV — A panel of diverse practitioners. The group will perform "Roaring VIEW FROM THE BENCH NEXT STEPS: Fork" by Eric Ewazen, "Six Speakers: SUCCESS STRATEGIES Bagatelles" by Ligeti, and "Mladi" TARA A. HIGGINS This breakfast is the last in the FOR MID-LEVEL ATTOR- by Janacek. Barbara Thomashower, Bingham McCutchen LLP 2007 series on Women in NEYS flute; Gretel van Walterop, oboe; Commercial Litigation. For the Mark Lopeman and Mary Beth JONATHAN R. ROD WORKSHOP VI — LEAD- final breakfast, Judges Loretta Fenlaw, clarinet; Daniel Schulze, Latham & Watkins LLP ING EFFECTIVELY: CULTI- Preska and Diane Kiesel will horn; Ted Shapiro, bassoon. VATING DIVERSE WORK provide a view from the bench. ROBERT M. VILTER STYLES Prior breakfasts have focused on Admission is $10 at the door. For Thelen Reid Brown Raysman & part time, flex time and re- more information, please call (212) Steiner LLP Every attorney utilizes his or entry, effective working rela- 788-1093. her own style in managing a tionships and finding and Registration is recommended. case or heading up a deal. In defining success. Please register online at this program, attorneys will 5 Tuesday, 6-8 pm www.nycbar.org identify their style preferences Moderator: as well as those of others, WENDY H. SCHWARTZ SECOND CAREERS — learning how to effectively Partner, Reed Smith LLP STEPS TO A SUCCESSFUL 7 Thursday, 6pm Cocktail lead a dynamic, diverse team. Reception and Networking; Participants will: TRANSITION Speakers: 7pm Award Presentation and HON. LORETTA PRESKA ■ Are you looking for new chal- Dinner Identify their own style District Judge, characteristics and how they lenges? Are you considering Southern District of New York changes in your career? Are you SECOND ANNUAL impact others. ■ facing retirement? Join us and par- DIVERSITY CHAMPION Learn ways to identify and HON. DIANE KIESEL focus on the strengths of ticipate in an informal, interactive New York State Supreme Court AWARD DINNER program with a prominent career CELEBRATING 2007 others. Justice, Bronx County ■ advisor, who is experienced in HONOREES Develop techniques to helping people develop strategies reduce conflict among those Advance registration is recom- with different working for successful career transition. Please join the New York City mended. Please register online at styles. Bar in honoring individuals who www.nycbar.org ■ Enhance strategies to maxi- Speaker: have initiated and sustained mize team success. ALEXANDRA DURAN change within their organiza- Career Advisor tions and the overall New York 6 Wednesday, 6:30 - 8:30 pm Speaker: legal community. Registration by May 31 is recom- LISA L. ABRAMS PROJECT FINANCE IN A Lisa Abrams Consulting mended to guarantee admission. NUTSHELL Early registration is recommended Please register online at as space is limited. The fee is $75 11⁄2 non-transitional NY MCLE www.nycbar.org for Association Members; $125 for This event, designed primarily credits will be granted. Fee and Non-Members. To register or for for summer associates and oth- registration information is more information, please visit: ers interested in exploring a available at www.nycbar.org legal career in project finance, www.nycbar.org

4 www.nycbar.org With Online Legal Research This Fast,You’ll Have Time to Take It Slow!

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www.nycbar.org 5 11 Monday, 6:00 pm Program; There is no fee to attend this pro- District of New York promises to EDWARD BUTTS, Ph.D., 6:45 pm Presentation gram, but registration by June 7th be both enlightening and enter- M.B.A. is necessary. Please register online taining. To facilitate the discus- Assistant Commissioner, PROGRAM COMMEMORAT- at www.nycbar.org sion, we are intending to limit Veterinary and Pest Control ING IN RE GAULT; the total number of attendees to Services, Division of PRESENTATION OF THE The Kathryn A. McDonald Award approximately 35 so please RSVP Environmental Health, New KATHRYN A. McDONALD is named for the former as soon as possible if you are York City Department of AWARDS;AND RECEPTION Supervising Judge of the New York interested in attending. Health and Mental Hygiene HONORING FAMILY COURT City Family Court and is spon- JUDGES sored by the City Bar’s Committees Speaker: WILLIAM DUNN on Children and the Law, Family HON. PAUL A. CROTTY Senior Director and Counsel This year’s presentation of the Court and Family Law, Juvenile United States District Court, for Humane Law Enforcement, Kathryn A. McDonald Award and Justice and its Council on Southern District of New York ASPCA Reception honoring the City’s Children. Family Court Judges will be pre- Seating is limited, registration by JOHN HADIDIAN, Ph.D. ceded by a program commemo- 12 Tuesday, 6 pm June 8 is necessary. The fee, Director, Urban Wildlife rating the 40th anniversary of the which includes lunch, is $30 for Programs, The Humane U.S. Supreme Court decision in HENRY L. STIMSON MEDAL members of the New York City Society of the United States In Re Gault, which established PRESENTATION Bar Association; $35 for non- due process rights and the right members. Please register online at Registration is recommended. www.nycbar.org Please register online at to counsel for juveniles in pro- A presentation of awards to four www.nycbar.org ceedings which could result in a outstanding assistant U.S. attor- curtailment of liberty. neys from the Southern and 13 Wednesday, 6:30 - 8:30 pm Eastern Districts of New York. A 14 Thursday, 7-9 pm Introduction: reception will follow. HON. JUDITH S. KAYE THE ULTIMATE URBAN Chief Judge, New York Court of Moderator: DENIZENS: PIGEONS AND IN THE SHADOW OF Appeals MARK R. HELLERER RATS: ANIMAL WELFARE THE LAW Chair, Stimson Medal Committee AND PUBLIC HEALTH Speakers: ISSUES The novel ''In the Shadow of NORMAN DORSEN Keynote Address: the Law'' is an insightful look Frederick and Grace A. Stokes BARRY M. KAMINS Pigeons and rats are some of the into law firm culture by Professor of Law and Faculty President, New York City Bar most common animals in New Kermit Roosevelt, an Assistant Chair of the Global Law School York City, and probably the most Professor of Law at the Program at the New York HON. GERARD E. LYNCH misunderstood. This panel will University of Pennsylvania. It University School of Law; repre- United States District Judge, discuss the laws, regulations, and deals with the trials and tribu- sented Mr. Gault before the U.S. Southern District of New York governmental policies affecting lations of a large Washington, Supreme Court pigeons and rats, and the myths D.C. law firm and the various Registration is recommended. and facts behind the policies. ethical, professional and PATRICIA PURITZ Please register online at lifestyle issues as seen through Director, American Bar www.nycbar.org Moderators: the eyes of three young associ- Association Juvenile Justice DEBORA BRESCH ates. The book grittily por- Center ASPCA Legislative Services trays the firm as a gilded cage 13 Wednesday, 12:30 pm Department where once idealistic associates PRESENTATION OF are transformed into soulless, McDONALD AWARDS,6:30 pm LUNCHEON WITH PIPER HOFFMAN legal automatons whose lives HON. PAUL A. CROTTY Outten & Golden LLP are reduced to billable hours. Introduction: Professor Roosevelt draws BARRY KAMINS The Litigation Committee is Speakers: upon his own experiences as a President, New York City Bar pleased to announce another lun- STEPHANIE BOYLES, M.S. Supreme Court law clerk and cheon in its very popular lun- Wildlife Biologist, People for the law firm associate to produce a Award Presenter: cheon series with a Judge. This Ethical Treatment of Animals very impressive first novel that HON. JUDITH S. KAYE luncheon with Judge Paul A. is now available in paperback. Crotty of the United States ANDREW BLECHMAN District Court for the Southern Author, Pigeons: The Fascinating Saga of the World’s Most Revered and Reviled Bird

6 www.nycbar.org Speaker: 19 Tuesday, 6:30 - 8 pm Speakers: light issues of concern to law KERMIT ROOSEVELT PREETA D. BANSAL students and paved the way Professor, University of WOMEN IN APPELLATE Skadden, Arps, Slate, Meagher for a smooth transition for Pennsylvania Law School; PRACTICE & Flom LLP law students to the practice of Author of "The Myth of Judicial law through its initiatives and Activism: Making Sense of What's the best way to prepare BETH S. BRINKMANN programming for 15 years. Supreme Court Decisions" for an appellate argument? Morrison & Foerster LLP The former chairs, committee What are the financial and other members, and past program Registration is recommended. challenges of setting up and ALEXANDRA A.E. SHAPIRO presenters will celebrate high- Please register online at maintaining an appellate prac- Latham & Watkins LLP lights of the Committee’s www.nycbar.org tice in a private law firm? What accomplishments from its are the challenges and opportu- BARBARA D. UNDERWOOD inception through the unveil- nities facing women in appellate Solicitor General of New York ing of its new, comprehensive 19 Tuesday, 6 pm practice? Join the Committee web page. on Women in the Profession and Registration is necessary. Please THE ART OF EXECUTION: some of the country's finest register online at The process of applying to law THROUGH THE CAMERA’S appellate litigators for a discus- www.nycbar.org school, navigating through law LENS sion of how to enhance your school, passing the bar, and participation in this growing finding legal employment can This is the third in a series of area of law. A cocktail reception 20 Wednesday, 6:30 – 8 pm be extremely daunting. The programs examining artistic will follow the program. Committee is about to make representations of the bloody 15TH ANNIVERSARY AND the whole process easier, espe- practice of capital punishment. Moderator: WEBPAGE LAUNCH cially for people who have no This program will look at film CARRIE H. COHEN CELEBRATION connections within the profes- and television depictions of Chair, Committee on Women in sion! The Committee has capital punishment. Our dis- the Profession The Committee on Law Student amassed a plethora of infor- tinguished panel will present Perspectives has brought to mation and restructured the the Hollywood take on the ulti- mate penal sanction through film clips and oral presenta- Put your trust in… tions.

Moderator: HON. BARBARA JAFFE Judge, Civil Court of the City of New York

Speakers: Escrow Organizer accounting software offers an easy-to-use PROFESSOR BERNARD BECK and cost-effective solution for managing the receipts and Associate Chair, Department of disbursements of client funds. Sociology, Northwestern University Some of the many features of Escrow Organizer: x Multiple bank accounts and unlimited client accounts ED REDLICH Executive producer of "Without x Real time balances a Trace," and author of the cap- x Reduces paper work ital punishment segment of x Simplified check printing "The Practice," episode entitled x Monthly bank reconciliation "Spirit of America" x Detail on-screen, printed reports, text and “CSV” files Registration is recommended. x Windows and network compatible Please register online at It’s the ideal solution for accurately recording client funds. www.nycbar.org A free evaluation copy is available at our web site: www.escroworganizer.com Email: [email protected] Toll Free: 877 674-6312 Phone: 631 265-8305 www.nycbar.org 7 Law Student section of the City join the panel to receive refer- 21 Thursday, 6-8 pm email Bar’s Website to serve anyone rals from the Association's Legal [email protected], interested in a career as an Referral Service (LRS), which is THE ANNUAL call (212) 382-6665 or register attorney. Aspiring, current, and the oldest and largest referral CITY BAR RECEPTION online at www.nycbar.org former law students will be able service in New York State and AND COCKTAIL PARTY IN to easily access information receives 300 to 500 calls each HONOR OF PRIDE WEEK Co-sponsored by: from: preparing for the Law day from people looking for New York Law Journal School Admission Test, to legal representation? Please Co-Sponsored by: deciding which law school to attend this luncheon program Lesbian, Gay, Bisexual and attend, to surviving and thriving to learn how LRS works and Transgender Law Association in law school, to preparing for how it can help you. of Greater New York, Inc. the bar examination, to web- SAVE based research on career oppor- Moderator: Registration by June 18 is neces- tunities, and many other topics. MARK A. JOSEPHSON, CPA, sary. Please register online at THE DATE Do not miss the opportunity to CFP,CFE www.nycbar.org witness this historic unveiling Murray & Josephson, CPA's, July 25th, 6:00 pm event, and to celebrate our 15 LLC years of service to law students. 28 Thursday, 6 – 8 pm What It’s Really Like to Speaker: Practice Law in NYC as Reception to follow. Please RSVP ALLEN CHARNE SUMMER ASSOCIATES a Woman to [email protected]. Director of LRS, New York City ANNUAL RECEPTION Bar The New York City Bar and the 21 Thursday, 12:30 – 2 pm Sponsored by Lexis/Nexis New York Law Journal will host the annual welcoming cocktail SMALL LAW FIRM Registration by June 14 is neces- reception in honor of summer LUNCHEON sary. The fee, which includes associates, their mentors and BUSINESS OPPORTUNI- lunch, is $25 for members; $35 colleagues. Door prizes will be for non-members. Please register TIES THROUGH THE ASSO- awarded. below or online at CIATION’S LEGAL REFER- www.nycbar.org RAL SERVICE Registration is recommended by June 22. To register, please Are you looking to expand your client base? Would you like to

June 2007 Registration Form

■ Small Law Firm Luncheon: Business Opportunities Through The Association’s Legal Referral Service — 21 Thursday The fee, which includes a luncheon, is ■ $25 for members and ■ $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

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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.

8 www.nycbar.org THIS MONTH IN CITY BAR HISTORY

One-Hundred-Thirty Seven Years Ago . . . One Hundred-Thirty Four Years Ago . . . Association members Joshua Van Cott, John On June 28, 1870, the nascent Association On June 18, 1873, the trial of Superior Court E. Parsons and Albert Stickney prosecuted the assembled for the first meeting held in its orig- Judge John H. McCann began in a special ses- charges against McCann before the Senate on inal home, a four-story brownstone building at sion of the State Senate on corruption charges behalf of the Association. As a result of their 20 West 27th Street that it had purchased the that the Association brought as part of its efforts, McCann was found guilty of six of the prior month for $43,000. Five years later, the campaign to battle the corruption of the seven corruption charges brought against Association moved to a building two blocks Tweed Administration. McCann was one of a him, and the Senate, by a unanimous vote, north at 3, 5 and 7 West 29th Street, where it trio of judges with political ties to the Tweed removed him from office. Cardozo, the father remained for 21 years until it moved to its cur- administration (which included Supreme of Benjamin Cardozo (who served with dis- rent home at 42 West 44th Street in 1896. Court Justices George G. Barnard and Albert tinction on the New York Court of Appeals Cardozo) whom the Association played a and the United States Supreme Court), prime role in removing from the bench. resigned rather than face impeachment, and Barnard was subsequently impeached and removed from the bench upon being found guilty on 25 of 38 articles of impeachment.

Thirty-Five Years Ago . . . In June 1972, the Association was in the fore- front in addressing concerns over the treat- ment of gay men and lesbians under the law. In that month, then-professor Ruth Bader Ginsburg moderated a symposium on summer "Discrimination Against Homosexuals" as reported in the June 1972 issue of The Record. Ginsburg, now Associate Justice of ‘ the United States Supreme Court, once served ass ' ciates ‘07 on the Sex and Law Committee of the Association, and its Executive Committee.

NOTICE TO MEMBERS

As provided in By-Law XI, the Executive Committee is providing notice that the 'dues of Resident and Suburban AA annual (admitted 12 years or more) and Resident Class A (admitted 8-11 years) members will be raised $10, and the dues of recepti 'n Suburban A members will be raised $5, effective with the November, 2007 dues billing. This is an increase of a little over 2%. The increase is necessary to help defray the increase in costs the thursday, june 28, 2007, 6-88pm Association has experienced since the last new york city bar dues increase in 2004, though the increase is far less than that of the cost of living. 42 west 44 street, new york, ny We will maintain our high level of ser- vices through such programs as our rsvp co-hhosted by Library and online data bases, Small Law email [email protected] Firm Center, Legal Referral Service, call 212.382.6665 Lawyer Assistance Program and the Office visit www.nycbar.org for Diversity, while providing a broad range of committee, career development, networking and volunteer opportunities; special thanks to... and serving as a voice for the legal profes- sion on policy issues locally, nationally 0HWV and globally. www.nycbar.org 9 EFFECTIVE REPRESENTATION IMPOSSIBLE UNDER PROPOSED ORDER RESTRICTING ATTORNEY ACCESS TO GUANTANAMO DETAINEES

t press time, lawyers for the US Justice symbol of abuse, mistreatment, and injustice in Bar’s Civil Rights Committee, the Association Department were asking the District the eyes of the entire world. According to stressed that the proposed rules will deprive Aof Columbia Court of Appeals to Kamins, "The practices tolerated there have the detainees of meaningful and effective rep- implement new rules which would sharply done incalculable damage to the reputation of resentation of counsel, and would make it restrict the representation of Guantanamo the United States as an advocate of justice and impossible for lawyers to comply with their detainees. These rules would severely limit the the rule of law. duties under the rules of professional respon- sibility. number of attorney visits with detainees, pre- "While we are hopeful that the Court of vent lawyers from reviewing certain evidence, Appeals for the DC Circuit will reject these We argue that effective representation of restrict lawyer-client communications and pro- rules by the time of the distribution of this counsel is a prerequisite for the court’s own vide for government review of the substance of newsletter, the fact that this proposal could be purposes in conducting its review because the communications, and terminate "next prepared and issued with the authority of the courts depend on robust adversarial legal rep- friend" actions. Department of Justice points to a failure in resentation to reach a just and correct result. The Association is gravely concerned that these judgment within that once highly respected Though the government has argued that the new rules would make effective representation institution." need for lawyer involvement in the representa- tion of detainees is diminished because the of the detainees virtually impossible and would A full copy of the letter can be found on the Military Commissions Act and Detainee be another blow against justice, fairness and Association’s website at www.nycbar.org. the rule of law. Association President Barry Treatment Act greatly limit the scope of judi- Kamins expressed our concerns and questioned The Association is also seeking to file a brief on cial review, the Association stresses that the the need for such drastic measures in a letter to this issue with the District of Columbia Circuit, conditions and restrictions the government Attorney General Alberto Gonzales at the end which is the court that must rule on the has placed on detainees make it is especially of April. The letter was featured in a New York Department of Justice’s request to revise the important that they be able to rely on counsel Times article and in newspapers across the rules. In its brief, prepared by Paul, Weiss, to assert their rights. This is fundamental to world. Rifkind, Wharton & Garrison under the direc- our system of jurisprudence. tion of Sidney Rosdeitcher, who chairs the City The letter explained how these rules would prevent the establishment of a successful attor- ney-client relationship under any circum- stance, let alone with clients who have been detained incommunicado for years and sub- jected to coercive interrogation methods. According to Kamins, "At the heart of the /NE4EST attorney-client relationship is a measure of trust. This trust is unattainable when access is /NE#OURSE denied, thereby depriving counsel of the ability to meet the standards that the ABA Rules of /NE7ORLD Professional Conduct demand." The Justice Department has blamed counsel for 1UALIFYASAN%NGLISH3OLICITORTODAY encouraging unrest and dissent at Guantanamo and used this allegation as its rationale for the )NCREASEYOURREVENUEFOUR FOLD necessity of these rules. The Association finds it incredulous that the government has /PENTHEDOORSTOPRACTICEINCOUNTRIES attempted to blame attorneys for hunger "ERMUDA 3INGAPORE (ONG+ONG *AMAICA $UBAI strikes at Guantanamo when not one infraction ANDTHE#AYMAN)SLANDS of the current rules has been reported. "These allegations are an attempt by the Government %XAMSOFFEREDIN.9 ,! #HI (OUSTONAND-IAMI to evade its responsibility for holding detainees 4AKEYOURSEATATTHEGLOBALTABLE in solitary confinement for prolonged periods of time with little hope for a fair hearing or ever seeing family again. The unrest is a direct .%7!TTENDLIVEREVIEWSANDWRITEYOUREXAMSAT result of these onerous conditions. Blaming /XFORD5NIVERSITY 1,44 2EVISION !UGUST   counsel is a continuation of a disreputable and 4IMETOEXPLORE/XFORDSGARDENSANDAREAL#OTSWOLD6ILLAGE unwarranted smear campaign designed to /FFICIALQUALIFYINGTRANSFEREXAMOFTHE,AW3OCIETYOF%NGLAND7ALES undermine the effectiveness of counsel and must be stopped," says Kamins. 6ISITWWW1,44COMORCALL   One of the Association’s largest concerns is that 4/77,QWHUQDWLRQDO these rules would perpetuate the global senti- 2VBMJGZJOH64"UUPSOFZTUP1SBDUJDF0WFSTFBT 2[IRUG,QVWLWXWH ment that Guantanamo has developed into a RI/HJDO3UDFWLFH 10 www.nycbar.org Diversity NEW YORK CITY BAR PRESENTS 2ND ANNUAL DIVERSITY CHAMPION AWARDS

he New York City Bar’s Enhance Diversity accomplishments at the firm include establish- diversity and New York office hiring commit- Committee will be presenting the second ing the annual Diversity Weekend for new tees, Ms. Salim recently devised a process for Tannual Diversity Champion Award at an recruits and the Latham Diversity Scholars the diversity and hiring committees to collabo- Award Ceremony and dinner being held on Program. Ms. Bowen is also passionate about rate during the fall recruiting season and was June 7, 2007, at the Association. The award rec- working on behalf of young people, for exam- instrumental in rolling out a new mentoring ognizes the critical role individuals have played ple working with the Harlem-based Roberto program for associates of color. Among her in initiating and sustaining change within their Clemente Middle School’s Legal Studies many external activities, Ms. Salim organizes a organizations and the overall New York legal Academy. In order to maximize her impact, series of annual panels at law schools to community. Ms. Bowen cultivates other attorneys who can increase the number of law students of color gain exposure and leadership skills by taking who apply for state and federal clerkships. In over the replication of successful programs. the third year of organizing, each event attracts Criteria over 70 participants and has generated interest from other cities and courts looking for ways of The award seeks to honor individuals who Laurie Robinson embody the New York City Bar’s Statement of replicating the panel. Ms. Salim is able to Diversity Principles. Nominations are limited Laurie Robinson has been described as a extend her influence as an associate by forging to attorneys, although it is not necessary that "visionary" whether it is in reference to her role coalitions and building ownership both inter- they be actively practicing law. Applicants were as founder and CEO of Corporate Counsel nally and externally. welcomed from a wide range of positions and Women of Color or her internal efforts at CBS. sectors within the legal community: govern- A practicing employment lawyer in CBS ment, firm, corporation, and non-profit. Broadcasting’s legal department, Ms. Robinson Hon. John Stackhouse Nominees have been evaluated on their excel- recently assumed additional responsibilities as Justice John Stackhouse has been a tireless lence in one or more of the following areas: Director of Training and Development at CBS. advocate and pioneer for diversity issues Ms. Robinson established Corporate Counsel 1) Influencing Others throughout his over thirty-year career. As a Women of Color (CCWC) to provide a critical 2) Being a Role Model New York County Supreme Court Justice, he is support network to in-house women attorneys 3) Continually Learning currently the Co-Director of the Supreme of color and to promote the advancement of 4) Cultivating Diverse Teams Court Civil Division Anti-Bias Committee, women of color in the legal profession and 5) Innovating and Taking Risks which is charged with the court’s internal diver- workplace. Since 2004, Ms. Robinson has 6) Holding Oneself and Others sity efforts. A long-time advocate for a broad grown the organization to a membership ros- Accountable for Diversity range of diversity initiatives, such as women’s, ter of over 1,700 women attorneys of color 7) External Leadership Involvement disabilities and gay rights, long before they were who work in-house for Fortune 1000 compa- on the radar screen of others in the legal com- nies, Forbes 2000 companies, not-for-profit munity, his participation has raised the stature corporations, and other entities in the United and visibility of minority groups. Motivated by 2007 HONOREES: States of America and abroad. Displaying an a life-long conviction to fight intolerance and entrepreneurial spirit, Ms. Robinson built social injustice, Justice Stackhouse has been CCWC by starting small and working with described as a "trailblazer" by many in the pro- available resources and leveraging additional Sharon Bowen fession. Justice Stackhouse also has a long- resources to fuel organic growth in a "virtuous standing commitment to listening to the Sharon Bowen is a powerful role model and circle." insights and mentoring a diverse array of young catalyst for change in her roles as Vice Chair of people. the Latham & Watkins Diversity Committee, a partner in her firm’s corporate practice, and a Zakiyyah Salim leader within the legal profession. Involved Zakiyyah Salim, although an associate only six since the Diversity Committee’s inception more To learn more about the years out of law school, is already a role model Diversity Champion Award, than a decade ago, Ms. Bowen also serves as in her own right. Motivated by her own path to Chair of the Diversity Hiring Subcommittee of becoming an attorney to create opportunities or to register for the awards the firm’s Global Recruiting Committee. She is for disadvantaged young people to have suc- dinner, visit www.nycbar.org. viewed as the "creative force" behind many of cessful lives and careers, Ms. Salim is involved the firm’s efforts, from organizing to soliciting in a remarkable array of diversity and commu- others to participate. Ms. Bowen’s recent nity activities in addition to her responsibilities as a securities litigation associate at Heller Ehrman LLP. As a member of the firmwide

www.nycbar.org 11 CITY BAR JUSTICE CENTER SECOND ANNUAL GALA

he City Bar Justice Center held its Warner. Co-chairs for the evening were The event raised more than $750,000 to second annual Gala on April 18th. Rosemary T. Berkery, Executive Vice support the wide range of programs and TThe event honored President and General Counsel of Merrill services of the City Bar Justice Center, the Skadden, Arps, Slate, Meagher & Flom and Lynch & Co. and Robert D. Joffe, Partner at pro bono affiliate of the New York City Time Warner Inc. with the City Bar Justice Cravath, Swaine & Moore. Bar. By harnessing resources from the Award for their leadership and dedication Hundreds of lights transformed the City legal profession, the City Bar Justice to public service. Accepting on behalf of Bar’s historic 1897 landmark building into Center annually provides direct legal rep- Skadden, Arps was Robert C. Sheehan, a modern New York lounge. For one night, resentation, information, and advocacy to Executive Partner. Paul T. Cappuccio, 500 guests marveled as the West 44th nearly 30,000 New Yorkers from all five Executive Vice President and General Street House of the New York City Bar boroughs. Counsel, accepted on behalf of Time became a stylish New York club!

Enjoying the Gala evening at the City Bar Justice Center (left to right): Robert C. Sheehan, Executive Partner, Skadden, Arps, Slate, Meagher & Flom LLP and City Bar Justice Award hon- oree; Maria L. Imperial, Executive Director, City Bar Justice Center; Barry Kamins, President, New York City Bar.

THANK YOU

We are extremely grateful to all of those who made the evening possible. Especially the evening's Underwriter, Skadden, Arps, Slate, Meagher & Flom LLP; Benefactors Colgate-Palmolive Company, Cravath, Swaine & Moore LLP, Linklaters, Merrill Lynch & Co., Inc., Sullivan & Cromwell LLP and Time Warner, Inc.; and our Patrons Debevoise & Plimpton LLP, General Electric Company, MetLife, Inc., Paul, Weiss, Rifkind, Wharton & Garrison LLP, and Simpson Thacher & Bartlett LLP.

12 www.nycbar.org Pictured at the City Bar Justice Center Gala (left to right): Barry Kamins, President, New York City Bar; Robert D. Joffe, Partner, Cravath, Swaine & Moore LLP and Gala Co-Chair; Paul T. Cappuccio, Executive Vice President and General Counsel, Time Warner Inc. and City Bar Justice Award hon- oree; Rosemary T. Berkery, Executive Vice President and General Counsel, Merrill Lynch & Co., Inc. and Gala Co- Chair; Robert C. Sheehan, Executive Partner, Skadden, Arps, Slate, Meagher & Flom LLP and City Bar Justice Award honoree.

Looking for experienced lawyers in the financial, private equity, international and energy practices. Now at 420 Lexington.

Contact Nancy Kissinger at 215.981.4356 or [email protected]. Seasoned lawyers wanted.

www.pepperlaw.com www.nycbar.org 13 UNCHARTED TERRITORY: CIVIL COMMITMENT OF SEX OFFENDERS... CONTINUED FROM PAGE 1

About 2700 men are being held involuntarily in civil commitment pro- As the new law is implemented, there must be a close watch on those grams around the country. Many are committed based upon the psycho- aspects of the program that were not fully vetted prior to passage of the logical testimony of uncertified experts, and often warehoused long past bill. The state must monitor the treatment of offenders to insure that they the point that they pose a reasonable threat. Many states are willing to spend inordinate sums of money to warehouse these individuals because the laws that committed them were enacted to satisfy the public’s fear and About 2700 men are being held distaste for sexual offenders. involuntarily in civil commitment To be sure, the problem of sexually violent predators is an extremely diffi- programs around the country. Many cult issue to resolve. The public must feel safe from those individuals who cannot control an impulse to commit crimes of a sexual nature. Thus the are committed based upon the public is not necessarily satisfied that the individual has served his "debt psychological testimony of uncerti- to society" by completing a prison sentence. There is always the fear that the individual will commit the same crime again. No one knows for sure fied experts, and often warehoused if therapy works and there are many experts who maintain that sex offend- long past the point that they pose a ers can never be "cured." reasonable threat. However, there are also due process concerns. Although the United States Supreme Court has upheld civil commitment programs for sex offenders that authorize lifetime confinement, there must be proof of an individual’s "mental abnormality" coupled with a lack of control over his sexual con- receive meaningful and cutting-edge therapy. The state must also insure duct. Thus the Court approved confinement for only "dangerous sexual that funds are still available to meet the mental health needs of persons offenders." The new law permits the Attorney General to file a petition who are not in the criminal justice system. alleging only that an individual is "mentally abnormal," without having to Most important, the state must insure that due process rights are not allege that he is "dangerous." This raises the question whether the being sacrificed merely to satisfy the public’s fear of sex offenders. conforms to the Supreme Court’s minimal standards for confinement.

Seeking a reliable referral source or qualified co-counsel? CALL THE LEGAL REFERRAL SERVICE (212) 626-7373

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"LRS lawyers are screened for experience and competence. I refer to LRS with complete confidence and have never been disappointed." Lew Tesser, Segal Tesser & Ryan Visit www.nycbar.org or www.ilawyer.org For matters requiring special attention, call LRS Executive Director Allen Charne at (212) 382-6775 or Managing Attorney Clara Schwabe at (212) 382-6715. Co-sponsored by the New York County Lawyers' Association.

14 www.nycbar.org 2007 To Do List: ✓ ■ Enroll in a Qualified High Deductible Health Sponsored by: Plan with Oxford. ✓ ■ Significantly reduce your health insurance premiums. ✓ ■ Open Health Savings Account. ✓ Underwritten by: ■ Take tax deduction of up to $5,650*. ■✓ ** Deposit up to $5,650 into HSA. A UnitedHealthcare Company ■✓ Earn Tax Free Interest! Administered by: ✓ ■ Call Marsh Affinity Group Services at 888-882-2269 to start! Affinity Group Services Seabury & Smith Insurance Program Management 777 S. Figueroa St., Los Angeles, CA 90017 * Amounts shown are for family coverage. [email protected] ** Marsh and NYCBA do not provide tax or legal advice. 888-882-2269 • CA License #0633005 • 1/07

LAWYERS’ ASSISTANCE PROGRAM ADDS SUPPORT GROUPS... CONTINUED FROM PAGE 1

The groups will provide a long-term forum for experience of being an attorney in New York able asset. The services provided are free and of lawyers who are recovering from depression to City practicing law while suffering from course, completely confidential. LAP can start have the continued opportunity to discuss how depression. with a consultation after a phone call, and their condition affects and is affected by pursu- LAP’s first support group has started, but any- move through assessment, intervention, peer ing a legal career – combating the isolation one interested in joining a subsequent group support and if necessary, referral to an outside often caused by depression and offering a real should contact the program. Regular atten- mental health provider. Issues that LAP is chance to work together and deal with these dance is critical to the development of group equipped to deal with include, but aren’t limit- issues specific to the legal profession, issues to ed to: alcoholism and drug abuse; depression which non-lawyers may not be able to fully and anxiety; stress and burnout; gambling; eat- relate. Participants can also exchange ideas and Lawyers are used to being the ing disorders; marital and family problems; strategies for coping with depression while ones responsible for taking care of career concerns; financial problems; and bal- functioning in a law practice. things, for taking care of people. ancing work and family. The program exists to help lawyers, law students, and judges with the Additionally, the program itself will help This feeling can be an almost directly improve the process of recovery – see- stresses and difficulties of being in the profes- insurmountable barrier towards ing more people recovering from depression sion that can only be compounded by mental can be a great asset in instilling hope, and pro- getting help with depression. illness, and further offers its services to the viding that example that recovery is possible families of lawyers in the five boroughs. can be an enormous asset in the healing LAP is one of many similar programs operating process. cohesion, which in turn will foster a safe dis- with the Lawyer Assistance Trust, created by cussion environment. As a consequence, there The group sessions will be facilitated by Chief Judge Judith Kaye in 2002. The Trust is is a screening process designed to ensure that Andrew Blatter, a former lawyer who has responsible for promoting education and early members expect to fulfill a regular attendance received his degree in social work and changed intervention programs to help combat the requirement. Anyone interested in participat- careers. His experience as a practicing attorney growing problems of drug and alcohol abuse ing should contact LAP at (212) 302-5787. in New York City will be an asset to the pro- and mental illness in the profession in a way gram, as it reinforces the fact that the groups If the timing and commitment of regular group that is specially geared for lawyers. Please do will be focused intensely on the particular therapy is not ideal for your situation, the not hesitate to contact the Trust at (212) Lawyer Assistance Program still can be a valu- 302-5787. www.nycbar.org 15 CITY BAR CENTER FOR CLE JUNE 2007 CLE COURSE CALENDAR

Monday Tuesday Wednesday Thursday Friday 1

4 5 6 78 6-9 p.m. 6-9 p.m. 6-9 p.m. 8:30 a.m.-2 p.m. 9 – 11 a.m. CURRENT ETHICAL ISSUES INTERSECTION OF BANKRUPTCY & UPDATE ON E-DISCOVERY - CURRENT ISSUES IN D&0 VIDEO REPLAY: IDENTITY TAX: PLANNING & PITFALLS INCLUD- SIX MONTHS AFTER THE LIABILITY & INSURANCE FOR THE ENTERTAINMENT ING THE EMERGENT ROLES OF THEFT: UNDERSTANDING LAWYER: WORKING WITH HEDGE FUNDS & PRIVATE EQUITY AMENDMENT OF THE 2007 THE NEW LAWS & WAYS DEVELOPING TALENT & 3 credits* FEDERAL RULES 6 credits TO PROTECT YOUR 3 credits* PROJECTS IN MUSIC, 6-8 p.m. CLIENTS & YOURSELF INDEPENDENT FILM & 6-9 p.m. FROM BECOMING A SECURITIES ARBITRATION & MEDIA- SOLVING THE MYSTERIES OF TELEVISION TION HOT TOPICS 2007: "THE" UNCONTESTED DIVORCES: VICTIM 3 credits* PROGRAM FOR ATTORNEYS, IN- PRACTICE, PROCEDURE & 2 Credits HOUSE COUNSEL, EXPERTS, ARBI- OTHER SECRETS REVEALED TRATORS & MEDIATORS 3 credits* 2 Credits* 11 12 13 14 15 6-9 p.m. 9 a.m. – 12:30 p.m. 6-8 P.M. 6-8 p.m. HOT TOPICS FOR INVEST- LAWYERING IN THE FASHION EXEMPTIONS TO FEDERAL SOLVING THE MYSTERIES OF INDUSTRY: A PRACTICAL MENT COMPANIES: LEGAL, & STATE WAGE & HOUR UNCONTESTED DIVORCES: GUIDE TO LICENSING, TRADE- LAWS ETHICAL & BUSINESS MARK PROTECTION & OTHER PRACTICE, PROCEDURE & ISSUES INDUSTRY ISSUES 2 Credits* OTHER SECRETS REVEALED 3 Credits* 31⁄2 Credits* 2 Credits* 6-9 p.m. ESTATE PLANNING THAT'S NOT CODE-DEPENDENT: NON-TAX ISSUES IN ESTATE PLANNING 3 Credits* 18 19 20 21 22 6-9 p.m. 6-8:45 p.m. 6-9 p.m. HOW DID THAT BUILDING CLOSING, SELLING OR TECHNIQUES & STRATEGIES GET SO TALL? THE MERGING YOUR LAW IN INVESTIGATING & TRANSFER OF DEVELOP- PRACTICE LITIGATING TAX MENT RIGHTS UNDER NYC 3 Credits* PROSECUTION CASES ZONING LAW 3 Credits* 3 Credits*

25 26 27 28 29 9-11:30 a.m. PRACTICAL STRATEGIES FOR AVOIDING CONFLICTS: STAYING OUT OF TROUBLE WITH CLIENTS & ADVER- SARIES 21⁄2 Credits*

*This program provides transitional credit for newly admitted attorneys. 16 www.nycbar.org www.nycbar.org 17 JUNE 2007 CLE CALENDAR

ADR/ARBITRATION/MEDIATION/ Association – Committee on Arbitration & ADR SUSAN BETTERIDGE BAKER NEGOTIATION and the CPR International Institute for Conflict Davis Polk & Wardwell Prevention and Resolution DONALD R. CRAWSHAW SECURITIES ARBITRATION & Cooperating Organization: Sullivan & Cromwell LLP MEDIATION HOT TOPICS 2007: : Section of Dispute “THE” PROGRAM FOR Resolution RONALD M. FEIMAN ATTORNEYS, IN-HOUSE COUNSEL, Mayer Brown Rowe & Maw LLP EXPERTS, ARBITRATORS & Live Program: MEDIATORS Member $215 Non-member $325 JENNIFER B. MCHUGH Senior Advisor to the Director CLE credit: U.S. Securities and Exchange Commission 5 Tuesday, 6-9 p.m. 3 credits total: 21⁄2 professional practice & 1⁄2 ethics. This program provides transitional credit for newly RICHARD A. ROSEN Senior officials of the NASD and the New York admitted attorneys. Paul Weiss Rifkind Wharton & Garrison LLP Stock Exchange and a panel of experienced prac- titioners will provide practical guidance to navi- DANIEL STEINER gate the consolidation of the NASD and NYSE, CORPORATE & SECURITIES Executive Vice President & General Counsel comply with extensive revisions to the NASD ICI Mutual Insurance Group Codes of Arbitration Procedure and understand HOT TOPICS FOR INVESTMENT significant developments in securities arbitration COMPANIES: LEGAL, ETHICAL & Live program: and mediation. This program delivers practical BUSINESS ISSUES Member $235 Non member $345 suggestions and effective techniques to prosecute and defend securities actions. Audience participa- 11 Monday, 6-9 p.m. CLE credit: tion is a key feature of this annual event. 3 credits total: 2 professional practice & 1 ethics. The asset management industry has experienced This program provides transitional credit for newly Program Chair: substantial shocks over the last four years. All admitted attorneys. ROGER M. DEITZ participants in the industry are facing challenges Dispute Resolution in dealing with the new regulatory environment, CRIMINAL LAW regulators, and service providers. Faculty VIDEO REPLAY: IDENTITY THEFT: RICHARD BERRY This program will review the most important Vice President and Director of recent regulatory developments, discuss ethical UNDERSTANDING THE NEW Case Administration challenges for Chief Legal Officers of Investment LAWS & WAYS TO PROTECT NASD Dispute Resolution Companies under Sarbanes-Oxley and review YOUR CLIENTS & YOURSELF issues relating to the Attorney/Client Privilege in FROM BECOMING A VICTIM BILL BRIENDEL the context of Investment Company regulatory Greenberg Traurig, LLP inspections, investigations and enforcement pro- 8 Friday, 9-11 a.m. ceedings. STEVEN B. CARUSO Identity theft is one of the most prevalent crimes Maddox, Hargett & Caruso, P.C. The program will also discuss the issues involv- perpetrated today. As a result, over the past few ing D&O/E&O insurance for mutual funds and years, New York State and the federal govern- ELIZABETH CLANCY directors, including the interplay of insurance ment have passed laws criminalizing identity Vice President and Northeast and indemnification of directors by the invest- theft and providing for enhanced penalties for Regional Director ment company. Finally, there will be a review of these types of crimes. Further, New York State NASD Dispute Resolution recent insurance claims, theories of liabilities and has also passed a Data Security Notification Law, court decisions addressing these issues. that went into effect in December, 2005. This ROSS B. INTELISANO new law requires companies to notify the Rich & Intelisano, LLP Program Co-Chairs: Attorney General and affected individuals of any PHILIP L. KIRSTEIN security breach involving the release of personal KAREN KUPERSMITH Senior Officer & Independent Compliance identifying information (such as social security Director of Arbitration Officer-Mutual Funds numbers) that could potentially expose those New York Stock Exchange AllianceBernstein Funds individuals to identity theft. HARRY T. WALTERS ROBERT G. ZACK In addition to providing a useful overview of Managing Director Executive Vice President & General Counsel recent legislation, the panel will also discuss the Citigroup Global Markets, Inc. OppenheimerFunds, Inc. means by which private information is obtained by the criminal element; how criminals use this Co-sponsoring Organizations: Faculty: information to their pecuniary advantage; how NASD; New York Stock Exchange; National JAY G. BARIS companies and individuals can protect them- Futures Association; New York County Lawyers’ Kramer Levin Naftalis & Frankel LLP selves from becoming victims; and potential 18 www.nycbar.org criminal and civil exposure faced by companies Moderator: Representing a frail client who experience a lapse in security that leads to JEREMY H. TEMKIN ■ Designing a legal safety net – revocable trust, identity theft. Morvillo, Abramowitz, Grand, Iason, Anello & power of attorney, health care proxy, DNRs, Bohrer, PC Article 81 Program Co-Chairs: ■ Providing a physical safety net – living Faculty: arrangements, caregivers, consultants KATYA T. PRICE JESTIN DANA J. BOENTE ■ Who watches the watchers – accounting pro- Deputy Chief Principle Deputy Assistant Attorney General Organized Crime and Racketeering Section Tax Division, U.S. Department of Justice ceedings and the like ■ United States Attorney’s Office Diminishing capacity and the need for substi- Eastern District of New York PETER J. DRISCOLL tuted judgment Driscoll & Redlich JESSICA R. LYNN Special purpose trusts Assistant District Attorney HON. BARBARA S. JONES ■ Incentive trusts New York County District Attorney’s Office United States District Court ■ Slush fund trusts Southern District of New York ■ Pet trusts Faculty: ■ Trusts to own the family compound RICHARD T. PREISS ERIC M. FRIEDBERG Assistant District Attorney Special purpose fiduciaries Partner & General Counsel Senior Investigative Counsel Stroz Friedberg, LLC District Attorney’s Office ■ Investment advisors New York County ■ Trust protectors AARON SALOMON KARCZMER ■ Limited purpose trustees or executors Assistant District Attorney CATHY SEIBEL New York County District Attorney’s Office Deputy United States Attorney Amending the irrevocable trust – decanting United States Attorney’s Office trusts ERIC ROSS KOMITEE Southern District of New York Assistant United States Attorney Program Chair: United States Attorney’s Office Live Program: ANN B. LESK Member $195 Non-member $305 Fried, Frank, Harris, Shriver & Jacobson LLP ANTONIA MONTONE MERZON Assistant District Attorney CLE credit: Faculty: New York County District Attorney’s Office 3 credits in professional practice. This program pro- GARY B. FREIDMAN vides transitional credit for newly admitted attorneys. Greenfield Stein & Senior LLP Video Replay: Member $195 Non-member $305 ESTATE PLANNING EMILY F. JOHNSON Law Offices of Emily F. Johnson CLE credit: ESTATE PLANNING THAT'S NOT 2 credits in professional practice. This video replay CODE-DEPENDENT: NON-TAX SUSAN PORTER does not provide transitional credit for newly admit- Managing Director ted attorneys. ISSUES IN ESTATE PLANNING United States Trust Company, N.A.

TECHNIQUES & STRATEGIES IN 12 Tuesday, 6-9 p.m. MARK W. SMITH Skadden, Arps, Slate, Meagher & Flom LLP INVESTIGATING & LITIGATING TAX This program examines some common problems PROSECUTION CASES that arise primarily out of our clients' personal rela- Live Program: tionships and philosophy, whose solutions are not Member $195 Non-member $305 20 Wednesday, 6-9 p.m. determined by the provisions of the Internal Revenue Code. Inevitably, one answer to many of CLE credit: With much attention being paid to high-profile tax these problems is some form of trust. 3 credits in professional practice. This program pro- prosecutions, including the KPMG tax shelter case, The program concentrates more on the choices that vides transitional credit for newly admitted attor- a premier faculty of experienced practitioners in the lawyer and client make in dealing with such neys the area of tax prosecution and defense will exam- problems, rather than on technical drafting details. ine both the nuts and bolts of tax prosecutions, as The program will consider problems arising from: well as recent developments in the area. This pro- ETHICS gram will offer practical suggestions and effective Marriage techniques for defending tax prosecutions at both CURRENT ETHICAL ISSUES FOR ■ the federal and state levels, including at the investi- The client who doesn’t want a prenuptial agree- THE ENTERTAINMENT LAWYER: gatory and trial stages. ment WORKING WITH DEVELOPING ■ Pre-divorce planning TALENT & PROJECTS IN MUSIC, ■ Multiple marriages Program Co-Chairs: INDEPENDENT FILM & SEAN HECKER ■ The unmarried but committed couple Debevoise & Plimpton LLP TELEVISION

HARLAN J. PROTASS 4 Monday, 6-9 p.m. O’Shea Partners LLP Entertainment lawyers often take on a proactive role in the development of talent and projects www.nycbar.org 19 that may result in their (formally or informally) PATRICK J. SHARKEY CLE credit for June 7: 2 credits in professional undertaking multiple roles. This program will Mintz, Levin, Cohn, Ferris, Glovsky, practice. This program provides transitional cred- focus on the practical and ethical issues arising and Popeo LLC it for newly admitted attorneys. when lawyers shop and pitch deals, act as man- Boston, MA agers and agents, assist in arranging financing, CLE credit for June 14: 2 credits in skills. This and participate in other ways to develop talent Co-Sponsored with: Suffolk University Law program provides transitional credit for newly and creative properties in music, independent School’s Center for Advanced Legal Studies admitted attorneys. film and television. For practicing lawyers, the program will provide an update on current prac- Live Program: CLE credit for June 7 & June 14: 4 credits total: 2 tices; for newly admitted lawyers, the program Member(NYC Bar/Suffolk Alumni) $195 credits in professional practice and 2 credits in will provide the necessary ethical ground rules. Non-member $335 skills. This program provides transitional credit Representation and other agreements will also be for newly admitted attorneys. reviewed. CLE credit: 21⁄2 credits in ethics. This program provides transi- Live Program: Program Chair: tional credit for newly admitted attorneys. Member Non-member JUDITH B. BASS 6/7 only: $145 $255 Law Offices of Judith B. Bass FAMILY 6/14 only: $195 $305 6/7 & 6/14: $300 $495 Faculty: SOLVING THE MYSTERIES OF KENNETH J. ABDO INSURANCE Vice President UNCONTESTED DIVORCES: PRACTICE, PROCEDURE & OTHER Lommen, Abdo, Cole, King & Stageberg, P.A. CURRENT ISSUES IN D&O SECRETS REVEALED LIABILITY & INSURANCE 2007 STEVEN C. BEER Greenberg Traurig, LLP 7 &14 Thursdays, 6-8 p.m. 7 Thursday 8:30-2:00 p.m. BOB DONNELLY Have you been referred a case or asked by a Directors and officer’s liability and D&O insur- Lommen, Abdo, Cole, King & Stageberg, P.A. friend or family member to file divorce papers? ance are unique and complex areas of the law Whether you are new to the practice of matrimo- which require special consideration and handling. Live Program: nial law or are a more experienced attorney and D&O claims challenge the conduct of senior exec- Member $235 Non-member $345 want to learn to navigate the official forms that utives and board members at public and private need to be filed, this two part program has some- corporations, as well as not-for-profit organiza- CLE credit: thing for everyone. tions. Historically, D&O claims against public 3 credits in ethics. This program provides transi- corporations have been a function of significant tional credit for newly admitted attorneys. This popular annual program has been expanded fluctuations in stock price, which oftentimes to two evenings to ensure that both experienced involve irregularities in the company’s financial matrimonial attorneys and those who are new to PRACTICAL STRATEGIES FOR reporting. In some instances, D&O claims attack the field can benefit from the program. You can AVOIDING CONFLICTS: STAYING business strategies, corporate philosophies and choose to attend both evenings or just one. OUT OF TROUBLE WITH CLIENTS & management styles. D&O claims can involve high- ly publicized situations, such as Enron, in which ADVERSARIES Part I: A renowned matrimonial attorney will the financial wherewithal of the corporation, its present an in depth discussion of the basic matri- employees and investors are totally at risk. 27 Wednesday, 9-11:30 am. monial law you will need to know in representing Directors and officers, and corporate liability clients in uncontested divorces including, but not insurance products address these exposures and With the advent of technological advances for limited to, jurisdiction, grounds and child sup- are a key component of any company's risk man- creating lawyer-client relationships, the growth of port standards. This session is geared towards agement plan. The legal environment continues multi-state practices, migrating lawyers, and attorneys who are new to the practice of matri- to evolve in the wake of the many financial increasingly complex corporate client structures, monial law or more experienced attorneys who restatements, corporate governance under the today’s law practice is rife with potential hot spots could use a "refresher" course. relating to conflicts of interest. This program will Sarbanes-Oxley Act and the enhanced role of the Securities and Exchange Commission in protect- provide a strong foundation for understanding Part II: A Special Referee from New York County ing public investors. With the exposures presented your ethical responsibilities to avoid conflicts of will walk you through the complexities of many by securities class actions at catastrophic levels, the interest and will offer interactive opportunities to official forms and procedures which are required D&O insurance product and the marketplace con- analyze and resolve common ethical dilemmas in obtaining an uncontested divorce. This ses- tinue to evolve. Our panel of professionals from that arise in a broad range of practice areas. sion is geared towards all attendees but more various components of the D&O industry will experienced practitioners may elect to attend this provide their insights on these Issues: Program Chair: session only. PROFESSOR JENNIFER GUNDLACH ■ D & O "101": An Intro to Directors and Officers Associate Clinical Professor of Law Program Co-Instructors: Suffolk University Law School MYRNA FELDER Liability and Insurance ■ Boston, MA Raoul Felder & Associates, PC Recent Legal Developments and the Future of Securities Litigation ■ Faculty: HON. STEVEN E. LIEBMAN Globalization of D & O Insurance and HAL R. LIEBERMAN Special Referee International Risks ■ Hinshaw & Culbertson LLP New York County Additional Hot Topics in D & O Securities Litigation

20 www.nycbar.org ■ D & O Risk Arising from Litigation Involving PRIYA CHERIAN HUSKINS terfeiters. Understanding the ins and outs of the Private Equity Firms Senior Vice President new customs, import and quota regimes. ■ Insureds’ Advocate Panel Discussion Woodruff-Sawyer Implementing and administering human rights San Francisco, CA compliance programs. To bring value when Program Co-Chairs: dealing with their clients’ most pressing issues, SCOTT R. SCHAFFER CHRISTOPHER J. KELLER fashion industry lawyers draw on a variety of Wilson, Elser, Moskowitz, Edelman Goodkind, Labaton, Rudoff & Sucharow LLP disciplines, including intellectual property, con- & Dicker LLP tracts, international trade, and litigation. At this ANN LONGMORE seminar an experienced panel will provide par- JILL LEVY Executive Vice President ticipants with practical insights on dealing effec- Boundas, Skarzynski, Walsh & Black, LLC Willis Executive Risks Practice tively with these and other industry issues. The program will include an in-depth analysis of a T. DAVID ACKERMAN GREG MARKEL typical "licensor" form of fashion trademark Head of Professional Liability Claims Cadwalader,Wickersham & Taft LLP agreement, focusing on key legal and business for North America points for licensors and licensees. Alternatives to XL Insurance Group ROGER M. MOAK traditional licensing arrangements, including Certified Arbitrator & IFNY Chairman joint ventures, purchase options, and co-brand- Faculty: ing deals, as well as special issues in dealing with SCOTT BERMAN MICHAEL MORABITO the celebrity licensor, will be examined. The Berman Kaplan Seiler & Adelman LLP XL Professional Insurance panel will also focus on successful approaches to Hartford, CT international trademark protection, including R. DAMIAN BREW tactical considerations in administering foreign Managing Director / FINPRO ROBERTA NEBEL registration programs, and programs aimed a Marsh USA, Inc. Senior Vice President policing counterfeits. Current topics in the Lehman Brothers importing/sourcing area, including dealing with IVAN DOLOWICH new customs and quota regulations and prac- Kaufman Dolowich Schneider Bianco & Voluck LLP ALEXIS J. ROGOSKI tices, as well as how to implement and adminis- Woodbury, NY Traub, Eglin, Lieberman, Strauss LLP ter a successful human rights compliance pro- Hawthorne, NY gram, will also be addressed. This program is LARRY FINE intended for those who have clients in the fash- Senior Vice President DUANE SIGELKO ion industry, those who practice intellectual National Union Fire Insurance Company of Reed Smith LLP property law, business executives in the fashion Pittsburgh PA. Chicago, ILL industry and both lawyers and business execu- tives who handle licensing agreements. GREG J. FLOOD JOHN VAN DECKER Chief Operating Officer Senior Vice President Program Chair: National Union Fire Insurance Company of Professional Management & Liability KENNETH P.KOPELMAN Pittsburgh PA. Catlin, Inc. Kramer Levin Naftalis & Frankel LLP

SUSAN F. FRIEDMAN GREGG L. WEINER Faculty: Senior Vice President Fried, Frank, Harris, Shriver & Jacobson LLP ELLIOTT J. BROWN Marsh USA, Inc. Senior Vice President & General Counsel Co-sponsored by the Insurance Federation of Marc Ecko Enterprises SUELLEN M. GALISH New York, Inc. Vice President ALAN R. KLESTADT NYMEX Live Program: Grunfeld, Desiderio, Lebowitz, Silverman & Member $395 Non-member $535 Klestadt LLP JUSTIN GILMORE Vice President CLE Credit: NICHOLAS RUBINO XL Professional Insurance 6 credits total: credit breakdown to be determined. Vice President-Deputy General Counsel Hartford, CT This program does not provide transitional credit & Secretary for newly admitted attorneys. Liz Claiborne Inc. KATHLEEN M. GOLDEN Senior Vice President INTELLECTUAL PROPERTY/ Live Program: Marsh USA, Inc. INTERNET Member $195 Non-member $305 CLE credit: CLAIRE GRAHAM LAWYERING IN THE FASHION Debevoise & Plimpton LLP 31⁄2 credits in professional practice. This program INDUSTRY: A PRACTICAL GUIDE London, England provides transitional credit for newly admitted TO LICENSING, TRADEMARK attorneys. SALVATORE J. GRAZIANO PROTECTION & OTHER INDUSTRY Bernstein Litowitz Berger & Grossmann LLP ISSUES

WILLIAM J. HENRIQUES 12 Tuesday, 9-12:30 p.m. Senior Vice President Benfield, Inc. Structuring successful license deals. Navigating license disputes. Winning the fight against coun- www.nycbar.org 21 LABOR & EMPLOYMENT better protect their clients, themselves and their This program is a must for all in-house and law families. firm litigators who do not want to be left behind EXEMPTIONS TO FEDERAL & in the electronic age since many federal judges STATE WAGE & HOUR LAWS Special Feature: The program materials will now have little patience for counsel who are include the "Planning Ahead" Guide issued by uninformed about their clients’ computer reten- the New York State Bar Association Committee tion. 13 Wednesday, 6-8 p.m. on Law Practice Continuity, complete with checklists and forms for lawyers planning ahead Program Chair: Management attorneys face complex determina- for retirement, unforeseen contingencies or the RICHARD B. FRIEDMAN tions and serious legal implications for their sale or merger of a law practice. Dreier LLP clients related to the classification of employees as exempt or non-exempt from the minimum Program Chair: Faculty wage and overtime requirements of the Fair SARAH DIANE McSHEA CHARLES COHEN Labor Standards Act and the New York Labor Law Offices of Sarah Diane McShea Hughes Hubbard & Reed LLP Law. Plaintiffs’ attorneys’ clients may be deprived of significant rights and benefits as a Faculty: HON. JAMES C. FRANCIS IV result of a misclassification. This seminar will LESLIE D. CORWIN United States Magistrate Judge present an update of recent developments and Greenberg Traurig, LLP Southern District of New York hot topics in this challenging area from top man- agement and plaintiffs’ attorneys as well as from SUSAN F. GIBRALTER CHRISTOPHER KOA an attorney from a state enforcement agency. Bertine, Hufnagel, Headley, Zeltner, Drummond Legal Consultant, Legal Technologies & Dohn, LLP Kroll, Inc. (a Marsh & McLennan company) Program Co-Chairs: FRANK MARTINEZ ROBERT L. OSTERTAG THOMAS LAHIFF, JR. Law Offices of Frank F. Martinez, LLC Ostertag O’Leary & Barrett Assistant General Counsel Corporate Litigation JOYCELYN MCGEACHY KULS CLE credit: Citigroup Inc. Director, Employment Law Group 3 credits total: 21⁄2 Practice Management & 1⁄2 Merrill Lynch & Co. Inc. Ethics. This program provides transitional credit DEBORAH E. LANS for newly admitted attorneys. Cohen Lans, LLP Faculty: JENNIFER S. BRAND Live Program: SCOTT UNIVER Labor Bureau Chief Member $195 Non-member $305 General Counsel Office of the New York State Attorney General BDO Seidman, LLP CHRISTINA L. FEEGE LITIGATION CLE credit: Littler Mendelson, P.C. UPDATE ON E-DISCOVERY - SIX 3 credits in professional practice. This program provides transitional credit for newly admitted JUSTIN M. SWARTZ MONTHS AFTER THE AMEND- attorneys. Outten & Golden LLP MENT OF THE FEDERAL RULES Live Program: Live Program: 6 Wednesday, 6-9 p.m. Member$205 Non-member $315 Member$215 Non member $325 The December 1, 2006 amendments to the REAL ESTATE CLE credit: Federal Rules of have significant- 2 credits in professional practice. This program ly impacted discovery practice. Attend this pro- provides transitional credit for newly admitted gram and learn about the which will HOW DID THAT BUILDING GET SO attorneys. have developed and the issues which will have TALL? THE TRANSFER OF DEVEL- arisen in the six months following the imple- OPMENT RIGHTS UNDER NYC LAW PRACTICE MANAGEMENT mentation of the amendments. Discover tech- ZONING LAW niques to satisfy the obligations of parties and CLOSING, SELLING OR MERGING non-parties under the Rules without incurring 18 Monday, 6-9 p.m. YOUR LAW PRACTICE extraordinary costs where possible. This program will provide an overview of the law 19 Tuesday, 6-8:45 p.m. The panel is comprised of leading law firm and governing zoning lot mergers and the transfer of in-house litigators and a federal magistrate judge development rights in New York City, commonly This program addresses important "future plan- and will address topics such as the types and known as "air rights", as well as the mechanics ning" issues for practitioners in diverse practice sources of electronically stored information and practical considerations involved in such settings, including: ("ESI"), the issue of what constitutes accessible matters. The program will review the relevant versus inaccessible ESI, and practical implica- provisions of the NYC Zoning Resolution, ■ Retirement from Law Practice tions of the amended Rules in connection with explain core concepts using real life examples, ■ Closing a Law Practice scheduling orders and conferences. The panel and go through each of the forms and docu- will also discuss parties’ and non-parties’ rights ■ Selling a Law Practice ments required to effect such transfers. In addi- under the amended rules as well as circum- ■ Merging a Law Practice tion, the program will discuss special zoning dis- stances which have or are likely to give rise to tricts with additional incentives for development sanctions against parties and non-parties. An outstanding panel will address these and rights transfers. related topics. Planning ahead enables lawyers to 22 www.nycbar.org A D V E R T I S E M E N T Efficiency and productivity gains using Digital Dictation and Workflow By Amy Clevidence, WinScribe Inc

ou are likely familiar with the term “digital dictation.” It has been a Immediate and automated delivery of dictation improves report turnaround hot topic in the legal industry recently. But are you aware of the time and maximizes productivity. Some systems can literally eliminate or Y differences between a Digital Dictation System and a Digital reduce keystrokes, thus transcription and other administrative costs are Dictation Workflow Management System? significantly lowered. The result is often an immediate increase in company-wide work sharing and productivity which results in significant Digital dictation is a method of recording and editing the spoken word in cost savings for the firm. Donald Nilson, Network Administrator for real-time within a digital audio format. Digital dictation offers several Tressler, Soderstrom, Maloney & Priess had this to say when asked how advantages over traditional cassette tape based dictation. Such benefits their system impacted productivity: “WinScribe has made an enormous include easy editing or insertion of voice into the files, the ability to email improvement in our productivity. We can now author jobs from any PC the files from anywhere, and better sound quality. This type of solution within our firm throughout the country and in a different time-zone. For does provide immediate benefits to users over the analog systems they example, when the Chicago office is over-run, a job can be routed to our replace, but often many problems remain. office in LA. The authors love it!” adds Nilson. “The clarity of the recording, combined with the ability to immediately transfer a dictation to A basic digital dictation system simply allows authors to record digital files any transcriptionist at any location, has allowed the productivity of and have them routed directly to a secretary for transcription. Simplified dictation to transcription increase by at least 20%.” digital dictation systems often lack important system management tools to enable managers and users to clearly identify backlogs of work to be The rate of user adoption is an important aspect of any technology purchase. completed, information on who is doing what, information on support staff Firms who implement these systems find that convincing users to adopt it is efficiency, promotion of priority projects, or the ability to reroute work as often fast and painless. Referring to the solution selected by Bowles, Rice, needed. As a result, firms who utilize these systems often do not realize all McDavid, Graff and Love LLP in West Virginia, Brad Harris, Head of the benefits that a more sophisticated system could offer. Dictation Management said, “There was virtually no learning curve and some people said it was the easiest transition they had ever experienced at A digital dictation workflow management system enhances the benefits of the firm.” digitally collecting voice while embracing the management of the flow of information after capture. Digital Dictation Workflow Management Systems How do you select the system that is right for you? You will obviously be are designed with a powerful array of functionality to ease your workloads. wise to select a system that is proven to deliver a rapid return on investment. The systems are easily administered and allow for the coordination, control Cost savings are directly attributed to increased transcription productivity and communication of activities automatically. and improved document turnaround time, being able to share hardware across multiple offices, and decreased courier costs, and indirectly attributed The core of the system is the intelligent management of dictation files by a to enhanced customer and employee satisfaction levels. server or network of servers. Audio files are still played by a typist, but voice files are sent electronically across LANs, WANs, via telephony or Features and flexibility is also important. You should always remember to over the Internet to intelligent workflow servers that identify a user's details choose the system that can be customized to work for you. Be sure to ask and automatically send his or her dictation to the most appropriate secretary, questions to ensure that you select the one that meets the current and future secretarial workgroups or outsourced transcription providers for completion. needs of your unique organization. Digital Dictation workflow software is often Active Directory integrated and can be used in conjunction with third party systems such as Document, Practice or Case Management systems.

Perhaps one of the most important features is the flexibility in the configuration of these systems and the ease of use of the software. Authors may use a number of recording devices to capture their dictation including their pc and portable dictation recorders. Users can even dictate using the telephone, VoIP or their PDA for maximum flexibility, while secretaries can be located anywhere spread across multiple sites or at home – alone or as part of a typing pool.

A D V E R T I S E M E N T www.nycbar.org 23 Program Co-Chairs: MICHAEL HIRSCHFELD BASICS OF REAL ESTATE STUART BECKERMAN Dechert LLP LENDING Slater & Beckerman, LLP Faculty: 17 & 24 Tuesdays, 6-9 pm CHRISTOPHER COLLINS HON. JAMES M. PECK Vice Chair/Commissioner United States Bankruptcy Court Live Program: New York City Board of Standards & Appeals Southern District of New York $375 Member (both days) $515 Nonmember (both days) Faculty: JOSEPH H. SMOLINSKY $215 Member (per day) MICHAEL J. BEREY Chadbourne & Parke LLP $325 Nonmember (per day) General Counsel Senior Vice-President ROBERT H. TRUST CLE credit for both days: 6 credits total: 3 First American Title Insurance Company Simpson Thacher & Bartlett LLP skills & 3 professional practice. of New York

LOUIS H. TUCHMAN CLE credit per day: 3 credits total: 1⁄2 skills & ROBERT A. JACOBS Kaye Scholer LLP 21⁄2 professional practice. Belkin Burden Wenig & Goldman LLP This program provides transitional credit for CLE credit: newly admitted attorneys. CLE credit: 3 credits in professional practice. This program 3 credits in Professional Practice. This program provides transitional credit for newly admitted YOU DON’T PRACTICE CRIMI- provides transitional credit for newly admitted attorneys. attorneys. In accordance with the New York CLE NAL LAW? SO, WHAT DO YOU Board's Regulations and Guidelines, if you Live Program: DO IF A CLIENT CALLS YOU IN attended this program in the past you may not Member $205 Non-member $315 THE MIDDLE OF THE NIGHT be permitted to apply the CLE credit for this ABOUT A CRIMINAL MATTER? program to fulfill your current CLE require- ments. 18 Wednesday, 6-9 p.m. Summer Programs Live Program: Live Program: Member $215 Non-member $325 JULY: $205 Member $315 Nonmember TAX & ACCOUNTING CLE credit: 3 credits in skills. This program provides tran- INTERSECTION OF BANKRUPTCY A PRIMER ON PROBATE & sitional credit for newly admitted attorneys. & TAX: PLANNING & PITFALLS ADMINISTRATION OF NEW YORK INCLUDING THE EMERGENT ESTATES Attend "You Don’t Practice Criminal Law" and either or both parts of "Nuts & Bolts of ROLES OF HEDGE FUNDS & 11 Wednesday, 6-9 p.m. Criminal Law" and receive a 20% discount on PRIVATE EQUITY all of these programs. Live Program: 5 Tuesday, 6-9 $205 Member $315 Nonmember 16 HOUR BRIDGE-THE-GAP

This program highlights the challenges insolvent CLE credit: 19 Thursday, July & entities face in navigating the Internal Revenue 3 credits total: 21⁄2 professional practice & 1⁄2 1 Wednesday, August 9-5 p.m. and Bankruptcy Codes, with emphasis on recent ethics. This program provides transitional credit developments resulting from the growing role of for newly admitted attorneys. Live Program: hedge funds and private equity in distressed situ- $415 Member $665 Nonmember (both days) ations. The convergent and disparate treatment TRENDS IN LEGAL ETHICS $375 Member $515 Member (per day) within these regimes of the discharge of indebt- edness, net operating losses, and claims trading, 12 Thursday, 9-12 p.m. CLE credit both days: 16 credits total: 7 pro- are practically demonstrated through hedge fund fessional practice/practice management, 6 skills and private equity examples. The discussion Live Program: & 3 ethics. extends to tax/debt modifications and the emer- $265 Member $365 Nonmember gence from bankruptcy. CLE credit per day: 8 credits total: credit CLE credit: breakdown to be determined. This program Program Co-Chairs: 3 credits in ethics. This program provides transi- provides transitional credit for newly admitted STEPHEN M. BRECHER tional credit for newly admitted attorneys. attorneys. Senior Advisor Weiser LLP

24 www.nycbar.org NUTS & BOLTS OF STATE CLE credit: CRIMINAL PRACTICE PART I - 8 credits total: credit breakdown to be deter- Registration PRE-TRIAL PRACTICE mined. This program provides transitional credit for newly admitted attorneys. Advance registration is advised for live pro- 25 Wednesday, 6-9 p.m. grams & video replays. An additional fee of NUTS & BOLTS OF STATE CRIMI- $25 will be charged for registrations Live Program: NAL PRACTICE PART II - TRIAL & received later than 3:00 p.m. one business $195 Member $305 Nonmember POST TRIAL PRACTICE day prior to the program. For more infor- mation or to register for a program visit CLE credit: 1 Wednesday, 6-9 p.m. our website at www.nycbar.org, call (212) 3 credits total: credit breakdown to be determined. 382-6663, fax (212) 869-4451 or mail your This program provides transitional credit for newly Live Program: registration to: City Bar Center for CLE, admitted attorneys. $195 Member $305 Nonmember New York City Bar, 42 West 44th Street, New York, NY 10036. Attend "You Don’t Practice Criminal Law" and CLE credit: Tapes are sold with the accompanying writ- either or both parts of "Nuts & Bolts of Criminal 3 credits total: credit breakdown to be determined. ten materials from the program. Program Law" and receive a 20% discount on all of these This program provides transitional credit for newly materials can be purchased separately from programs. admitted attorneys. the program. (CLE credit may not be given for materials only.) Mandatory NYS sales REAL WORLD DOCUMENT DRAFT- Attend "You Don’t Practice Criminal Law" and tax is included in the purchase price for ING: FORM, STYLE & either or both parts of "Nuts & Bolts of Criminal tapes and materials. All sales of tapes, CDs, SUBSTANCE Law" and receive a 20% discount on all of these DVDs and materials are final. Please allow programs. 3-5 weeks after the program date for your 26 Thursday, 9-5 p.m. order to be processed. ETHICS FOR THE EMPLOYMENT Co-sponsored with ALI-ABA LAWYER Cancellations & Refunds Live Program: 7 Tuesday, 6-9 p.m. For live programs and video replays, $350 Member $450 Nonmember refunds and program credits are available Live Program: provided cancellation is made in writing CLE credit: $235 Member $345 Nonmember and received by the City Bar Center prior to 1 1 7 ⁄2 credits total: 6 ⁄2 skills & 1 ethics. This program the program. provides transitional credit for newly admitted CLE credit: attorneys. 3 credits in ethics. A $35 administrative fee will be charged for all refunds. The cancellation fee will be WOMEN IN NEGOTIATION: SKILLS In addition to the live programs offered in July deducted directly from the refund. For pro- gram credits no administrative fee will be & STRATEGIES FOR and August, video replays are scheduled through- out the summer. charged. Program credits must be used SUCCESS within one year of the original program date. Cancellations must be in writing and 31 Tuesday, 9-12 p.m. faxed to the City Bar Center at (212) 869- 4451. Live Program: $215 Member $325 Nonmember Refunds and program credits are not avail- able for the purchase of tapes, CDs, DVDs, CLE credit: course materials or online programs. 3 credits total: credit breakdown to be determined. Certificates for attending a program are This program provides transitional credit for newly given out and signed by a CLE staff mem- admitted attorneys. ber at the end of the program. You are responsible for keeping a copy of the CLE certificate for your own records. An admin- istrative fee of $10 will be charged for AUGUST replacement CLE certificates. These programs are presented under the auspices of the CLE Committee, Valerie L. 16 HOUR BRIDGE-THE-GAP Fitch, Chair, and the City Bar Center for (PART 2) Continuing Legal Education. Scholarships are available. Please call (212) 1 Wednesday, 9-5 p.m. 382-6663 for an application. Live Program: Is there a program you would like to attend $375 Member $515 Nonmember (part 2 only) or a speaker you would like to hear? Please contact the City Bar Center with your sug- gestions. www.nycbar.org 25 JUNE 2007 CLE REGISTRATION FORM

■ CURRENT ETHICAL ISSUES FOR THE ENTER- Audiotapes: ■ $465 ■ $635 ■ EXEMPTIONS TO FEDERAL & STATE WAGE & TAINMENT LAWYER: WORKING WITH DEVELOP- CDs: ■ $485 ■ $655 HOUR LAWS ING TALENT & PROJECTS IN MUSIC, Videotapes: ■ $595 ■ $725 June 13 INDEPENDENT FILM & TELEVISION DVDs: ■ $645 ■ $795 Member Nonmember June 4 Materials: ■ $155 ■ $235 Live program ■ $215 ■ $325 Member Non-member Audiotapes ■ $315 ■ $385 Live Program: ■ $235 ■ $345 ■ VIDEO REPLAY: IDENTITY THEFT: UNDER- CDs ■ $335 ■ $405 ■ ■ Audiotapes: $315 $385 STANDING THE NEW LAWS & WAYS TO PRO- Videotapes ■ $405 ■ $475 CDs: ■ $335 ■ $405 TECT YOUR CLIENTS & YOURSELF FROM DVDs ■ $445 ■ $535 Videotapes: ■ $405 ■ $475 BECOMING A VICTIM Materials ■ $105 ■ $135 DVDs: ■ $445 ■ $535 June 8 Materials: ■ $105 ■ $135 Member Non-member ■ HOW DID THAT BUILDING GET SO TALL? THE Live Program: ■ $195 ■ $305 TRANSFER OF DEVELOPMENT RIGHTS UNDER ■ INTERSECTION OF BANKRUPTCY & TAX: PLAN- Audiotapes: ■ $215 ■ $255 NYC ZONING LAW NING & CDs: ■ $225 ■ $275 June 18 PITFALLS INCLUDING THE EMERGENT ROLES OF Videotapes: ■ $275 ■ $335 Member Non-member HEDGE FUNDS AND PRIVATE EQUITY DVDs: ■ $315 ■ $375 Live Program: ■ $215 ■ $325 June 5 Materials: ■ $105 ■ $135 Audiotapes: ■ $315 ■ $385 Member Non-member CDs: ■ $335 ■ $405 Live Program: ■ $205 ■ $315 ■ HOT TOPICS FOR INVESTMENT COMPANIES: Videotapes: ■ $405 ■ $475 ■ ■ Audiotapes: $315 $385 LEGAL, ETHICAL & BUSINESS ISSUES DVDs: ■ $445 ■ $535 CDs: ■ $335 ■ $405 June 11 Materials: ■ $105 ■ $135 Videotapes: ■ $405 ■ $475 Member Nonmember DVDs: ■ $445 ■ $535 Live program: ■ $235 ■ $345 ■ CLOSING, SELLING OR MERGING YOUR LAW Materials: ■ $105 ■ $135 Audiotapes: ■ $315 ■ $385 PRACTICE CDs: ■ $335 ■ $405 June 19 ■ SECURITIES ARBITRATION & MEDIATION HOT Videotapes: ■ $405 ■ $475 Member Non-member TOPICS 2007: "THE" PROGRAM FOR ATTOR- DVDs: ■ $445 ■ $535 Live Program: ■ $195 ■ $305 NEYS, IN-HOUSE COUNSEL, EXPERTS, ARBITRA- Materials: ■ $105 ■ $135 Audiotapes: ■ $315 ■ $385 TORS & MEDIATORS CDs: ■ $335 ■ $405 June 5 ■ LAWYERING IN THE FASHION INDUSTRY: A Videotapes: ■ $405 ■ $475 Member Non-member PRACTICAL GUIDE TO LICENSING, TRADEMARK DVDs: ■ $445 ■ $535 ■ ■ Live Program: $215 $325 PROTECTION & OTHER INDUSTRY ISSUES Materials: ■ $105 ■ $135 Audiotapes: ■ $315 ■ $385 June 12 ■ ■ CDs: $335 $405 Member Non-member ■ TECHNIQUES & STRATEGIES IN INVESTIGATING ■ ■ Videotapes: $405 $475 Live Program: ■ $195 ■ $305 & LITIGATING TAX PROSECUTION CASES DVDs: ■ $445 ■ $535 Audiotapes: ■ $315 ■ $385 June 20 Materials: ■ $105 ■ $135 Videotapes: ■ $405 ■ $475 Member Nonmember CDs: ■ $335 ■ $405 Live Program: ■ $195 ■ $305 ■ UPDATE ON E-DISCOVERY - SIX MONTHS DVDs: ■ $445 ■ $535 Audiotapes: ■ $315 ■ $385 AFTER THE Materials: ■ $105 ■ $135 CDs: ■ $335 ■ $405 AMENDMENT OF THE FEDERAL RULES Videotapes: ■ $405 ■ $475 June 6 ■ ESTATE PLANNING THAT'S NOT CODE-DEPEN- DVDs: ■ $445 ■ $535 Member Non-member DENT: Materials Only: ■ $105 ■ $135 ■ ■ Live Program: $205 $315 NON-TAX ISSUES IN ESTATE PLANNING ■ ■ Audiotapes: $315 $385 June 12 ■ PRACTICAL STRATEGIES FOR AVOIDING CON- ■ ■ CDs: $335 $405 Member Nonmember FLICTS: STAYING OUT OF TROUBLE WITH CLIENTS ■ ■ Videotapes: $405 $475 Live Program: ■ $195 ■ $305 & ADVERSARIES DVDs: ■ $445 ■ $535 Audiotapes ■ $315 ■ $385 June 27 Materials: ■ $105 ■ $135 CDs ■ $335 ■ $405 Member Non-member Videotapes ■ $405 ■ $475 (NYC Bar/ ■ CURRENT ISSUES IN D&0 LIABILITY & INSUR- DVDs ■ $445 ■ $535 Suffolk Alumni) ANCE 2007 Materials ■ $105 ■ $135 Live Program: ■ $195 ■ $335 Thursday, June 7 Member Non-member (NYCB/IFNY) Live Program: ■ $395 ■ $535 Audiotapes: ■ $465 ■ $635 CDs: ■ $485 ■ $655 ALL REGISTRATIONS MUST BE PREPAID BY EITHER CREDIT CARD OR Videotapes: ■ $595 ■ $725 A CHECK MADE PAYABLE TO: CITY BAR CENTER FOR CLE OR NEW YORK CITY BAR DVDs: ■ $645 ■ $795 Materials: ■ $235 ■ $355 Name ■ SOLVING THE MYSTERIES OF UNCONTESTED DIVORCES: Address PRACTICE, PROCEDURE & OTHER SECRETS REVEALED City State Zip June 7 & June 14 Member Non-member Phone Total Enclosed $ Live Program: ■ ■ 6/7 only: $145 $255 ■ ■ ■ 6/14 only: ■ $195 ■ $305 Please charge to my Mastercard Visa American Express 6/7 & 6/14: ■ $300 ■ $495 Card Number Exp. Date

Signature 26 www.nycbar.org JULY & AUGUST: CDs: ■ $335 ■ $405 ■ WOMEN IN NEGOTIATION: SKILLS & Videotapes: ■ $405 ■ $475 STRATEGIES FOR SUCCESS DVDs: ■ $445 ■ $535 July 31 ■ ■ Member Non-member ■ A PRIMER ON PROBATE & ADMINISTRATION Materials Only: $105 $135 Live Program: ■ $215 ■ $325 OF NEW YORK ESTATES Attend You Don’t Practice Criminal Law and either or both parts Audiotapes: ■ $315 ■ $385 July 11 ■ ■ Member Nonmember of Nuts & Bolts of Criminal Law & receive a 20% discount on all CDs: $335 $405 ■ ■ Live Program: ■ $205 ■ $315 programs. Videotapes: $405 $475 ■ ■ Audiotapes: ■ $315 ■ $385 DVDs: $445 $535 ■ 16 HOUR BRIDGE-THE-GAP ■ ■ CDs: ■ $335 ■ $405 Materials: $105 $135 July 19 & August 1 Videotapes: ■ $405 ■ $475 Member Nonmember ■ DVDs: ■ $445 ■ $535 NUTS & BOLTS OF STATE CRIMINAL PRACTICE Live Program: ■ $415 ■ $665 (both days) Materials Only: ■ $105 ■ $135 PART II — TRIAL & POST-TRIAL PRACTICE ■ $375 ■ $515 (per day) August 1 Member Nonmember ■ TRENDS IN LEGAL ETHICS ■ NUTS & BOLTS OF STATE CRIMINAL PRACTICE Live Program: ■ $195 ■ $305 July 12 PART I — PRE-TRIAL PRACTICE Audiotapes: ■ $315 ■ $385 Member Nonmember July 25 ■ ■ Live Program: ■ $265 ■ $365 CDs: $335 $405 Member Nonmember Videotapes: ■ $405 ■ $475 Live Program: ■ $195 ■ $305 ■ ■ ■ BASICS OF REAL ESTATE LENDING DVDs: $445 $535 Audiotapes: ■ $315 ■ $385 ■ ■ July 17 & 24 Materials Only: $105 $135 CDs: ■ $335 ■ $405 Member Nonmember Videotapes: ■ $405 ■ $475 ■ Live Program: ■ $375 ■ $515 (both days) ETHICS FOR THE EMPLOYMENT LAWYER DVDs: ■ $445 ■ $535 ■ $215 ■ $325 (per day) August 7 Materials Only: ■ $105 ■ $135 Audiotapes: ■ $465 ■ $635 Member Nonmember ■ ■ CDs: ■ $485 ■ $655 Live program: $235 $345 Attend You Don’t Practice Criminal Law and either or both parts ■ ■ Videotapes: ■ $595 ■ $725 Audiotapes: $315 $385 of Nuts & Bolts of Criminal Law & receive a 20% discount on all ■ ■ DVDs: ■ $645 ■ $795 CDs: $335 $405 programs. ■ ■ Materials Only: ■ $235 ■ $355 Videotapes: $405 $475 DVDs: ■ $445 ■ $535 ■ REAL WORLD DOCUMENT DRAFTING: FORM, ■ Materials: ■ $105 ■ $135 YOU DON’T PRACTICE CRIMINAL LAW? SO, STYLE & SUBSTANCE WHAT DO YOU DO IF A CLIENT CALLS YOU IN July 26 (Co-sponsored with ALI-ABA) THE MIDDLE OF THE NIGHT ABOUT A CRIMINAL MATTER? Live Program: ■ $350 Member July 18 ■ $450 Nonmember Member Nonmember Live Program: ■ $205 ■ $315 Audiotapes: ■ $315 ■ $385

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Avis features GM vehicles. ©2007 Avis Rent A Car System, LLC 15186-05 www.nycbar.org 27 Why make a move the area is experiencing a slump now may not be Professional Development the time to pursue a move. Though making a move from one practice area to another within your existing firm can be Demonstrate to your firm that you have a com- MAKING challenging the panel agreed that it can be done. mitment to the new practice area by taking CLE First, they advised that you think about why it is courses, engaging in pro bono work or joining A MOVE — you want to make the move. You want to make the local bar association committee related to sure you are switching for the right reasons or that area of practice. If you can, noted the SWITCHING you may find yourself in the same situation a panel, try to find a mentor in the new practice PRACTICE few years later. The best reasons are that your area, someone who can give you sound advice desired practice area is truly a better fit for your on how best to make this transition and even AREAS skills and personality. Remember, advised the advocate on your behalf. panel, to ask yourself honestly if it is truly your When you approach the firm about a move it is ften associates find that the practice current practice area and not the firm that you important to sell yourself since it is likely you area they chose after law school is not are dissatisfied with. Running to a new practice don’t have a wide breath of experience in the Oright for them. In this age of mobility area isn’t going to help if you are really trying to new practice area. Be able to make a clear pre- many of these associates transition into a new escape the firm. sentation of why you want to move and what practice area by going to a new firm. But what To determine whether the new practice area is you can bring to the new practice area. if you could switch practice areas within your really a better fit begin by examining your skills Highlight your work ethic and managerial skills existing firm? The benefits to doing this are and interests. Make a list, suggests the panel, of and that you are responsible and can handle many including not having to adjust to a new the skills you have learned and what it is you like leadership. Show them that you have attained firm culture, not having to go through a formal and dislike about your current practice area. the basic lawyering skills and that you would be job search and preserving the continuity of Are you more of a deal maker or a litigator? Do able to excel in either practice area. The sense to your resume. you enjoy working on your own or with others? convey to the firm, the panel noted, is that you are a valuable asset to the firm and that it is to At the City Bar program, "Career Decisions Then make sure these skills and interests are the firm’s benefit to move you to this new 2007" sponsored by the Career Advancement applicable to the new practice area. If you are department rather than lose you all together. and Management Committee (chaired by Tanya unsure what qualities or skills are used in the Gill), the panel offered attendees advice on the practice area, talk to attorneys practicing in that Remind the firm that this move will be a win- various ways to approach, consider, and decide area to find out how they spend their time and win situation for both of you given how upon, a career move within their firm. The what qualities and skills they use. destructive and expensive turn over can be. program was moderated by Danice Kowalczyk, Be honest about the reasons that you want to Remember, the panel advised, you are a known Managing Director, BCG Attorney Search, New make a change and whether this change would quantity to the firm and therefore less of a risk York and International Markets, and the pan- make you happy. Make sure the reasons you than an outside candidate. elists were Karen Eisen, Director, Professional give yourself are compelling too. You wont be Finally, assure the firm and your current depart- Development, Sills Cummis Epstein & Gross able to make the case to the firm if you can’t first ment that you plan to fully discharge any oblig- P.C.; Meela Gill, Lateral Recruiting Specialist, make the case to yourself. ations you have in that department before mov- Kirkland & Ellis LLP; Elena Kaspi, President, ing on to the new one. Lawscope Coaching; and Nicole Donnelly, Managing Director, SJL Attorney Search and How to make the move How receptive a firm is to allowing associates to switch from one practice area to another varies Former Associate and Lateral Recruiter, Schulte Once you have evaluated your skills and inter- from firm to firm. But if you do your prepa- Roth & Zabel, LLP. ests and have determined that they are a good fit ration well and make a clear and convincing for the new practice area, look to see whether The panelists presented their experiences, and proposal to the firm, said the panel, you give opportunities exist in the new practice area. shared their expertise on how to make a suc- yourself the greatest chance for a successful Talk to or observe the lawyers in the department cessful move. transition. you would like to move into. Are they busy or are they idle? Is the practice area growing? If

Forty-Fourth Street Notes June 2007