Women in the Law, Making It Work

In This Issue: New York Law JournalCLE Calendar

® Volume 6, Number 1 MAGAZINE February 2007 WOMEN IN THE LAW Making It Work • Flexible Policies And Schedules • A Spectrum Of Initiatives • At the Head Of Your Firm • The Path To Judgeship • Women of Color Who Find a Niche In-House

• New Lawyers Over 40 and Their Supervisors Can Find Success PLUS: • Navigating the Crossroads When Personal and Career Needs Conﬂ ict

0226Mag_Cover.indd 1 2/5/07 11:53:12 AM v.

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0226Mag_Contents_cv2-3.indd Cov2 2/5/07 11:52:03 AM NEW YORK LAW JOURNAL

® MAGAZINE Volume 6, Number 1

Features WOMEN IN THE LAW: MAKING IT WORK

STRIVING FOR BALANCE IN A FULL-TIME WORLD 12 Perspectives on fl exible and part-time scheduling and their effects on becoming partner. By Wendy Davis 18 A place to call your own MORE THAN JUST TALK 14 Mentoring and business development initiatives are part of fi rms’ conscious efforts to advance women. By Lisa Pulitzer and Wendy Davis

A STRUCTURE OF THEIR OWN 18 Women at the head of three law fi rms discuss their unique routes to career satisfaction. By Lisa Pulitzer

STEADY BEAT OF PROGRESS 22 22 IN THE JUDICIARY Guiding and welcoming change New York stands out in the national scheme, but pockets of the state are still lagging behind. By Carla T. Main

MOMENTS IN HISTORY 23 A time line of highlights and milestones. By Susan L. Harper

BECOMING YOUR OWN ADVOCATE 30 How women of color in-house attorneys have taken charge of their careers—through networking, PHOTOGRAPHS BY RICK KOPSTEIN 32 strategic efforts and an organization. The importance of connecting By Beth Bar COVER PHOTOGRAPH BY JP FRUCHET/GETTY IMAGES New York Law Journal Magazine February 2007 1

0226Mag_Contents_cv2-3.indd 1 2/6/07 1:07:59 PM NEW YORK LAW JOURNAL MAGAZINE®

Departments Columns EDITOR’S NOTE 4 LEGAL LINGO 6 When it comes to the emerging fi eld IN GOOD SPIRITS 38 of food law, semantics is the top banana. Syrah and Shiraz are two names for the same By Adam Freedman grape, one of the truly ‘noble’ red varieties. By Christopher Matthews COACH’S CORNER 8 RESTAURANTS 41 New lawyers over 40 face challenges, These four chefs are on the brink of fame; as do the younger will they make it to the superstar level? associates who must In the wings of fame 41 By Josh Ozersky supervise them. That’s where understanding, TRAVEL 45 preparation and An attorney swims with sharks—really— fl exibility come in. off Fiji’s Viti Levu coast. By Daniel A. Panitz By Holly English 46 BOOKS 10 The ‘Double Indemnity’ murder captured DIVERSITY IN ACTION the world’s attention during the Jazz Age. The confl icting demands of career By Lawrence Fleischer and family can squeeze very hard, and practice area choices can overwhelm. IN CONCLUSION 48 By Katherine Frink-Hamlett Settlement, and the trial of suffragette Susan B. Anthony, took place on the New York state frontier. 47 PHOTOGRAPHS COURTESY OF DANIEL PANITZ PHOTOGRAPHS COURTESY A shark dive in Fiji 45 By David O. Boehm MARKETPLACE/REAL ESTATE

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0226 bleed pages 3,24,25,26.indd3 3 2/9/07 4:42:46 PM EDITOR’S|NOTE Leaders All

or the fi rst time in these pages, we take a close look at women in the legal profession—a topic that has been the focus of studies, surveys and initiatives in the Fpast few years. The questions for 2007 differ, of course, from those that emerged when women began graduating from law schools at the same rate as men at least 15 years ago. Now that more women have access to legal careers, to what extent are they One firm. One vision. One focus. You. leading and shaping the future of the profession? As judges, law fi rm partners, senior level in-house counsel? Our uncompromising team of dedicated through an unparalleled network of Our features examine all these areas of practice, emphasizing the lingering challenges professionals maintains an unwavering contacts that gets you where you want to to women’s advancement—such as mentoring, and balancing work and family life— and focus on finding the ‘perfect fit’ for you. be with enough options to know you’ve the attempts by fi rms, corporations and women themselves to address those challenges. made the right choice. With a track record that is unmatched in It is also clear from our reporting that women perhaps more than ever are taking mat- the industry, we consistently provide the We will get you to your goal. ters into their own hands, whether it be starting their own law fi rms, leading a law fi rm opportunities our competition misses outreach project or creating novel strategies for rising through the ranks of an in-house law department. Perhaps the numbers of women leaders in the profession are not as high as we might expect, but women are defi nitely taking an active role in the process that determines their future. Our next issue, to be published May 7, will be our annual look at the world of Law Firm CORRAO, MILLER, RUSH & WIESENTHAL Recruiting (and retention)—the issues that law fi rms, law students and lawyers struggle Legal Search Consultants, Inc. with as they enter, and seek to make a success in, a challenging profession. Locating attorneys for the world —Dorothy Hughes new york london Editor, New York Law Journal Magazine 499 Park Avenue, 22nd Floor, New York, NY 10022 68 Lombard Street, London, England EC3V9LJ phone: 212. 328. 6180 fax: 212. 328. 6181 phone: +44(0) 207.477. 6517 cmrw.com PUBLISHER New York Law Journal George M. Dillehay ADVERTISING DIRECTOR MAGAZINE® Brian Corrigan, Esq. bcorrigan@alm.com CLASSIFIED ADVERTISING DIRECTOR February 2007 Martha Sturgeon [email protected] ADVERTISING SALES Alicia Brown [email protected] (Law Firms/East) Joel Hale [email protected] EDITOR-IN-CHIEF (Law Firms/West) Kris Fischer Gary Wm. Harty [email protected] EDITOR, (Display/Northeast) NEW YORK LAW JOURNAL MAGAZINE Simona Kern [email protected] (Display/Southeast) Dorothy Hughes Patty Martin [email protected] PHOTO EDITOR (Display/N.J., Pa.) Rick Kopstein Mitch Prager [email protected] (Display/N.Y.) DESIGN Marnie Maroney [email protected] Freeman Design (Display/Midwest) PRODUCTION MANAGER Daniela Boschetti, Esq. [email protected] (Recruiters/Law Schools/CLE) Susan Ferguson Danny Williams [email protected] We welcome Letters to the Editor. They may be (Marketplace) submitted by fax, to (212) 696-4287, or by e-mail Peter Hano [email protected] to [email protected]. Letters should be sent (Charities/Associations/Retail/Restaurants) to the attention of New York Law Journal Magazine, DIRECTOR OF MARKETING be of reasonable length and contain the name Monika Schreiner and address of the writer. DIRECTOR OF BUSINESS OPERATIONS Copyright © 2007 ALM Properties, Inc., Hal Cohen [email protected] All rights reserved. CIRCULATION MARKETING DIRECTOR Michael W. Bennett [email protected] New York Law Journal Magazine is published CIRCULATION FULFILLMENT DIRECTOR six times in 2007 by the New York Law Journal, Regina Conway-Jackson [email protected] 345 Park Avenue South, New York, N.Y. 10010; 212-779-9200. ALM CHAIRMAN For subscription information: 800-888-8300, Bruce Wasserstein ext. 6234 or 212-545-6234. PRESIDENT/CHIEF EXECUTIVE OFFICER For advertising information: 212-545-6271 or William L. Pollak fax: 212-481-8074. SENIOR VICE PRESIDENT Jack Berkowitz For reprint information: Syndia Torres at SENIOR VICE PRESIDENT 212-545-6111 or [email protected]. George M. Dillehay SENIOR VICE PRESIDENT Printed in the U.S.A. Allison C. Hoffman SENIOR VICE PRESIDENT Stuart M. Williams VICE PRESIDENT/MARKETING Patricia Crocker France VICE PRESIDENT/FINANCE A Publication of the Robert Kondracki VICE PRESIDENT/OPERATIONS John W. Mason VICE PRESIDENT/INFORMATION SYSTEMS Iain Murray

4 February 2007 New York Law Journal Magazine

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0226Mag_EdNote 4-5.indd 5 2/9/07 12:31:05 PM LEGAL|LINGO

rainbow trout belongs to the genus On- chorynchus—the same as Pacifi c salmon. The defense took a turn for the worse, Food Fights however, when the judge pointed out that the company had marketed its product as Milking semantics helps public swallow emerging laws governing edibles. Atlantic salmon. BY ADAM FREEDMAN In 1916, a British court ruled that “ice cream is not meat”—putting an end to a debate that most people didn’t know ex- n Dec. 5, 2006, “trans fat” entered isted. The question arose because a certain New York City’s legal lexicon. On Mr. Berni had been arrested for selling ice Othat day, the Board of Health voted cream on Sunday, in violation of an English to ban this mysterious substance law prohibiting commercial activity on the from all city restaurants, beginning July 1. Christian sabbath. In his defense, Berni ar- The upshot of this new law is that things gued that he fi t within the “cookhouse ex- like French fries, tacos, and doughnuts are ception” that allowed purveyors of “meat” going to be a lot harder to come by, at least to operate on Sundays. The judge, although in their beloved artery-clogging forms. But, sympathetic to Berni’s plight, did not buy when prohibiting something, it is always a the argument that selling ice cream was good idea to call it by the least appealing the same thing as selling meat. Berni was popsicles are frozen “at rest” (quiescently), name possible. So the new regulations don’t convicted under the Sunday Observance without the churning involved in ice cream mention any food by name—just “foods Act. Perhaps it should have been called the making. A Fudgsicle, in case you were won- containing artifi cial trans fat.” Sundae Observance Act. dering, is a quiescently frozen dairy confec- In fact, the regulations don’t even use the Speaking of ice cream, one of the most tion. In other words, it has some milk in it. word “restaurant,” opting instead for the bu- lavishly defi ned terms in American food law Perhaps the most hotly contested word reaucratically bland “food service establish- is “frozen dessert.” The U.S. Food and Drug in Food Law today is “organic.” Organic ment,” sometimes shortened to FSE. tough job, but somebody had to do it. Administration has its own defi nition, as does foods have become a multibillion-dollar Semantics make all the difference: A Going back even further, some of the each state. However, there has been a move- industry, leading to intense debate about law that takes the zing out of your morn- fi rst laws in human history were food laws; ment toward uniformity among the states so the right to use the term in food packaging. ing doughnut might cause a personal crisis, namely, the kashrut—or kosher laws—of that—in the stirring words of New York’s stat- The key issue is whether organic foods can but one that merely takes the trans fats out the Hebrew Bible. “Kosher” is also a modern ute—“there may be free movement of frozen contain any synthetic compound—even of an anonymous FSE hardly seems worth legal term: New York state has regulated desserts between the states.” such seemingly harmless materials as bak- a second thought. the sale of kosher foods since 1915. One Looking at New York’s defi nitions, we ing powder. Just a few months before New York of the fi rst litigants to challenge that law see that “frozen dessert” means ice cream Current federal regulations allow for passed its ban, the Chicago City Council argued that the word “kosher” is not part and frozen yogurt, of course, but with cu- certain non-organic ingredients in food took a decidedly less euphemistic approach of the English language, making the statute rious specifi city also includes “French Ice labeled organic, but not in food labeled when outlawing the sale of foie gras in that impermissibly vague. The court, however, Cream”—and presumably Freedom Ice “100 percent organic.” When either label city—the aldermen came right out and considered that argument to be more than is used, however, federal law helpfully recalled it by its name, which in French liter- a little meshuga—er, unsound. quires that “the product must be produced ally means “fat liver.” Perhaps they couldn’t When it comes to the language of food, and handled without the use of...sewage think of a less appetizing term. the law sometimes plays fast and loose. sludge.” One begins to see what all the fuss Oddly enough, the Chicago legislation Under English common law, for example, is about. goes on to defi ne foie gras as a “rare deli- the word “fruit” traditionally included not Generally, food laws protect the pub- cacy,” which sounds positively fl attering. only things like apples and pears, but also lic from unhealthy food, but every once Possibly the term “rare delicacy” was in- acorns and walnuts. That’s because ancient in a while, the law steps in to protect food tended to convey a subliminal message: authorities stated that if a person rented from people. In the 1990s, 13 states adopted This stuff is eaten by fat cats. land that had oak or walnut trees, then he “food disparagement” laws, also known In any event, Chicago, like New York, would have a legal interest in the “fruits” as “veggie libel” laws. These are statutes cannot bring itself to call a restaurant a res- of those trees. meant to protect agricultural products—a taurant. In the Windy City, residents must In 1957, a British Court held that water group with especially tender feelings—from get their delicacies from “food dispensing was not a “drink” (because nobody drives false and disparaging remarks. establishments,” a name that suggests one under the infl uence of water). In 1998, a group of Texas cattlemen sued might just need a prescription to get a meal In California, a 1991 regulation defi ned Oprah Winfrey under the Texas food dis- there. (Thank you and don’t forget to tip “food products” to include seaweed but not paragement law for airing a program about your dispenser.) chewing gum. Mad Cow Disease. During the show Ms. Win- In 1973, an Australian statute rather ar- Cream while we’re at it. frey vowed not to eat another hamburger, But Is It Kosher? restingly declared that “a reference to...eggs Under the frozen dessert umbrella, one causing beef sales to plunge. “Food law”—the branch of law that and egg pulp shall be construed as a refer- can fi nd “mellorine,” stuff that looks like The trial court, however, ruled against covers trans fat and foie gras—serves to ence to citrus fruit.” Not a sentence that one ice cream but is made from non-dairy fats, the lawsuit, and the U.S. Court of Appeals protect the public against “adulterated” would want to see in a cookbook—unless and even “bisque tortoni,” an Italian frozen for the Fifth Circuit affi rmed. Probably the food. Today’s food laws take their immedi- citrus omelets are your sort of thing. custard that appears to have been popular court thought the cattlemen were trying to ate inspiration from the 1906 Food and Drug Litigation inspires linguistic creativ- in the 1950s and is, one can only assume, a milk their unsold meat for all it was worth. Act, but they have an ancient lineage. ity. Ten years ago, a British company was rare delicacy these days. And that is defi nitely not kosher. • As long ago as 1607, an English legal prosecuted for selling smoked trout under Best of all, the frozen dessert laws cover dictionary listed the intriguing term “Ale- the label “smoked salmon.” The company’s the all-important topic of “quiescently fro- Adam Freedman is a lawyer practicing in New York. His Tastor”: an offi cer appointed to supervise lawyers argued that the word “salmon” is zen confection”—that’s the legal term for a book on legal language, “The Party of the First Part,” will

“the goodness of bread and ale or beer.” A actually synonymous with trout, since popsicle. The phrase refers to the fact that be published by Henry Holt this fall. BY CHRIS GASH ILLUSTRATIONS

6 February 2007 New York Law Journal Magazine

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don’t have friends who have risen high up convincing a fi rm that it ought to invest its in companies and don’t have those connec- time and resources into hiring you. tions, so that’s a big advantage for you. “This is a concern that we get with a Age Matters You will have to get over the initial skep- lot of second career students,” she com- ticism hurdle about your age, but once you ments. “Generally the response is that there Both new lawyers over 40 and their supervisors can ﬁ nd success. prove your abilities, and most especially that is hope to obtain partnership, and it does BY HOLLY ENGLISH you are not averse to being given direction by happen.” Richman doesn’t think that the people younger than you (a major bugaboo), “big fi rm” aspect is more likely to jeopardize you can take your place in a fi rm and excel. your chances: “I don’t get that sense. Once graduated from a second tier law school every day and is diffi cult to prove. (I can’t Stephanie Richman, associate director you’ve been there, summered there, and with high honors and had a lot of extracur- understand why career services “required” of the Offi ce of Career Services, Rutgers gotten an offer, the fi rms extend offers with Iricular activities while in school, which you to put your year of graduation on your ré- School of Law-Newark, advises that it’s way the intent and hope that whoever it is will I believe enabled me to get a summer sumé. That’s exactly the sort of inquiry that too early to get discouraged. As she points come on board and succeed.” associate position, clerkship and offer at a an employer is not permitted to make.) out, you’ve gotten an offer, so you’ve passed Richman warns that older grads must big ﬁ rm (I will start this fall). But I seemed to In any event, I believe you will have to be the most diffi cult hurdle already, which is be prepared for two main lines of ques- have fewer opportunities than other students more careful about the fi rms you select; the who had fewer credentials, which I attributed opportunities at larger ones may not be what to my age (career services required us to put they would be if you started at a younger age. our year of undergraduate studies on our Often smaller fi rms have the fl exibility and résumés). I received a bachelor’s degree imagination to be more innovative and open nearly 20 years prior to law school. Now in to different sorts of applicants. my early 40s, should I even hope to have an That said, you will have many advan- opportunity for partnership, or should I get all tages that a younger attorney does not, e.g., the experience I can and go out on my own professionalism, probably a greater ability for that level of achievement? to relate to clients, skills that are transfer- able from your previous profession, etc., so There’s little question that older grad- don’t sell yourself short. A major one might uates face more hurdles than do younger be that you have peers or friends who are at ones. While strictly speaking age discrimi- high levels in organizations and therefore nation is illegal, the fact is that it occurs are potential clients. Younger people simply BY LINDA HELTON ILLUSTRATION

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8 February 2007 New York Law Journal Magazine

0226Mag_Coach_8-9.indd 8 2/5/07 11:51:13 AM tions/concerns: that they won’t want to on both sides. The young one fears that the marketing. Remember that if he worked in tow to you, but he must be respectful. work for younger people, especially if they older one looks down on her for her lack another industry, very likely he is used to Keep lines of communication open. had a high level of supervisory power in of experience, and has no business bossing more advanced management methods than Another big killer in relationships of any their previous job, and that they may have him around; the older one fears he will be are generally practiced in law fi rms. sort is silence—silence that morphs into a questionable commitment to the law, in seen as “over the hill,” and probably does Set clear expectations. This is a good resentment, fuming, false assumptions and a second or perhaps third career. Be aware have issues around being told what to do thing to do with anyone you’re working with, other unproductive activities. It is vital to of these concerns and, even if you are not by someone his daughter’s age. So try these but perhaps a little more so with someone keep talking. That will be more up to you asked directly about them, address them techniques. who is much older than you are. It allows than him, as you hold more power than he on your own, emphasizing your commit- Don’t stereotype and prejudge. It is you to make clear what is expected so that does. Schedule regular times to talk; make ment to the law, making sure that you have easy to have expectations about an older there are fewer misunderstandings; he can appointments to follow up on issues; and a coherent “story” about why you changed “new” lawyer. However, just because he’s ask questions to clarify those expectations; talk more face-to-face than by e-mail or careers, and commenting that you look older does not mean that he doesn’t “get” together you can set goals and deadlines. phone at the beginning. forward to learning from everyone as you things, that he’s a stick-in-the-mud, that Get some quick runs on the board. Fig- Handle critical feedback carefully. There progress in the law. he can’t work a computer, that he hates ure out some immediate tasks to work on may come a time where you have to let him all change (demonstrably untrue as he’s together with a short timeline that will es- know that he hasn’t done a good job. Follow am an experienced senior associate who gone through the trouble of starting a sec- tablish a good working relationship. There’s all the rules for good giving of feedback (be will soon start working closely with a new ond career), that he thinks all Gen-Xers are nothing like success in a work project to factual, not conclusory; emphasize your part- Iassociate who has far less experience but slackers, etc. Be careful not to prejudge, and overcome initial insecurities. nership as a team, rather than acting like a is much older than I am. I’ve met him certainly be careful not to make remarks Respect all around is key. This is cru- dictator), but be extra sensitive in this case so and he seems friendly and smart, but I’m con- that suggest that you have certain precon- cial. Mutual respect drives positive working that you don’t jeopardize your relationship. cerned how I am going to handle supervisory ceptions based on his age (“about time to relationships; a lack thereof kills them. If If your attitude is open and nonjudg- issues. This is a second career for him—he retire, isn’t it?”), and that can get the fi rm you treat him with respect, and he in turn mental, you have a good chance of trans- held very responsible positions in another into legal trouble to boot. treats you properly, you will be far more forming a possible problem into a thriving industry. We discussed this during the inter- Use his broader knowledge. Just be- likely to succeed than to fail. If you sense and productive relationship. • view process and he said convincingly he cause he was in a different industry doesn’t that he is not being respectful in his attitude didn’t mind the prospect of being supervised mean that that experience isn’t useful. There toward you (for example, loftily dismiss- Holly English, an employment lawyer with Post, Polak, by younger people, but I’m still worried. are many dimensions to success that aren’t ing your direction and suggesting that he Goodsell, MacNeill & Strauchler, P.A. in Roseland, N.J., is the available in law books; perhaps he can pro- knows better as a result of his greater wis- author of “Gender on Trial: Sexual Stereotypes and Work/Life A lot of what drives problems when vide insight on management issues, dealing dom), then you can and must discuss that Balance in the Legal Workplace” (ALM Publishing, 2003). younger bosses supervise older folks is fear, with clients, thinking strategically, or with dynamic with him. He doesn’t need to kow- She can be reached at [email protected].

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0226Mag_Coach_8-9.indd 9 2/5/07 11:51:16 AM DIVERSITY|IN ACTION

since the pool of diverse senior associates is relatively small to begin with. Even smaller are the numbers of on-track associates Crossroads who opt to work fl ex-time—white, black or otherwise. When personal needs and the demands of practice are in confl ict. And, guess what? There’s a really good BY KATHERINE FRINK-HAMLETT reason for the paucity of fl ex-time senior associates: It’s extremely diffi cult to manage and oh, by the way, it’s not the road well am a Latino senior associate at a large with the nanny and two full days a week in traveled to partnership. New York law fi rm. I am on track and, pre-school. You are right: You need to stay focused Iso far, based upon my reviews and in- Things have gotten so bad that the pre- on making partner. If at all feasible, try to formal feedback, my chances to make school has threatened to expel her on two consider other options to help your older partner look extremely favorable. I have occasions. It has been suggested that more pa- daughter that do not require you to adopt worked very, very hard: my practice skills rental time during the week with my daughter a fl ex-time schedule. are excellent and I maintain exceptional cli- might help alleviate some of these issues. My Maybe you can carve out some time ent relations. husband’s career is equally demanding and over the weekend or early in the morning. While I know that nothing is guaranteed, requires him to travel frequently so it’s really ate who worked a fl ex-time schedule and still Perhaps there is an available relative or I feel confi dent that I am headed in the right not an option for him to spend additional time made partner. Are there any diverse associ- good friend who is familiar with your daugh- direction and I have an excellent chance to with our daughter. ates who worked fl ex-time and rose through ter to help during the transition. Or, perhaps make it. Notwithstanding, I am facing a very I’ve been thinking that perhaps I should the ranks? your husband could rearrange his schedule diffi cult crossroads. work a fl exible schedule; maybe one day per temporarily. Remember, your daughter has As the mother of two small children, I week at home to help smooth the transition. Yes—very, very few. So far, I’ve identi- two parents—I would defi nitely revisit the feel like I am in a constant state of tug-of- I really don’t want to do this since I am on fi ed two: an Asian associate who became issue of his availability. war: me in the middle—my career on one track and really need to stay focused on mak- partner and an African-American associate But here’s the real point: Avoid the side and my family on the other. Recently, ing partner. who became special counsel. Each worked fl ex-time schedule if you can at this junc- some behavioral issues have occurred with I’ve heard of other woman who have fl ex-time schedules during their careers. ture. If you can’t, then you’ll be encour- my older child. We have hired a new live-in worked a fl exible schedule and still made There may be others but there isn’t a great aged by the experience of Cheryl Barnes, nanny and the transition has been less than partner but all of these stories refer to white deal of available empirical evidence in this special counsel in the Capital Markets de-

smooth. My daughter spends most of her time women. I have yet to hear of a diverse associ- area. Furthermore, don’t be dissuaded partment of the Washington, D.C. offi ce of PHOTOGRAPH BY RICK KOPSTEIN

10 February 2007 New York Law Journal Magazine

0226Mag_Diversity.indd 10 2/5/07 12:01:29 PM Cadwalader, Wickersham & Taft. Most importantly, she worked with a part- tion that fl ex-time translates to less time. tions in certain disciplines. Ms. Barnes is African-American and ner who valued family and took seriously So, yes—there are women of color who Practice areas are not suitable by race worked on a fl ex-time schedule after the her concerns as a new mother. Ms. Barnes fl ex it and rise. Just know what you are get- or gender although folks tend to gravitate birth of her fi rst child, who is now 6 years emphasizes that it is critically important to ting into—what you might be risking along towards certain disciplines. Consider navi- old. Since her initial fl ex-time stint Ms. have a partner who is willing to facilitate the the way—and proceed with your eyes wide gating areas where there is a dearth of Afri- Barnes has had a second child and has fl ex-time process—otherwise, it’s doomed open. Good luck! can-American female practitioners. gone on to rise through the ranks to be- to failure. On the transactional side you might come, as noted, special counsel at the Second, because of her solid track re- am an African-American female and want to consider structured fi nance, private fi rm (yeah!). cord, the partner and the fi rm valued Ms. a ﬁ rst-year law student at an area law equity, distressed debt trading, consumer Her flex-time schedule consisted of Barnes as a viable contributor to the de- Ischool (a top 10). There seem to be so banking, real estate development and in- sifting through complex documents from partment. many practice areas available so I am tellectual property (with an emphasis on home each Friday for approximately one Third, and not to be underestimated, starting to get a little overwhelmed. My pref- software and related IT matters), tax, estate year, with baby bottles and Elmo in the the needs of Ms. Barnes’ structured fi nance erence is to pinpoint my choices and I would planning and ERISA. Of course, if you have periphery. Although Cheryl and the fi rm clients were somewhat cyclical so she was like some advice on those areas that offer a scientifi c background, the patent arena successfully navigated through this fl ex- able to anticipate demanding periods and long-term career prospects. in IP is particularly attractive. time arrangement, Ms. Barnes admits that it take advantage of schedule lulls. Keep in I’ve been told that it’s a little early to be On the litigation side you should think was more diffi cult than she anticipated and mind that this characteristic is not pres- thinking of speciﬁ c disciplines so I’m wonder- about securities defense and products li- further, chose not to work fl ex-time when ent in all practice areas but predictability ing when is the best time to start narrowing ability with an emphasis in pharmaceutical her second child was born. makes a tremendous difference as to wheth- down my choices. Are there any areas that matters. Other great areas include special The fl ex-time plan was fairly informal. er a fl ex-time plan is workable. are particularly suitable for African-American investigations and government relations Basically, Ms. Barnes and the partner At the end of the day, everything females? (glorifi ed term for lobbying). agreed that she would work each Friday worked out—Ms. Barnes has two beautiful Each of the areas identifi ed works well from home without reduction in the amount children and a great position with a major It is never too early to take ownership within a fi rm for internal growth and also of billable time. Further, not every Friday law fi rm. However, she reiterates that fl ex- of your career. In fact, this is a great time transitions well to in-house opportunities. was completely hands off—client require- time can be diffi cult since there are several to start seriously considering practice Good luck to you also! • ments ultimately controlled so it was un- instances when it is simply more effi cient areas since early interview week takes derstood that there might be some Friday to be in the offi ce rather than working off- place during fall 2007 (it’s right around Katherine Frink-Hamlett, a graduate of New York time in the offi ce. site. Additionally, Ms. Barnes ultimately the corner). It’s a good idea to select University School of Law, is president of Frink-Hamlett Three major factors helped Ms. Barnes’ wound up working longer hours as a re- firms with specific practice areas in mind Legal Solutions, Inc. and can be reached at katherine@ fl ex-time arrangement with Cadwalader. sult—partly to overcome any mispercep- since some law firms have strong reputa- frinkhamlett.com.

the nature of diversity.

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New York Law Journal Magazine February 2007 11

0226Mag_Diversity.indd 11 2/5/07 12:01:35 PM WOMEN IN THE LAW Striving for Balance in a Full-TimeWorld

Firms and lawyers grapple with ﬂ exible scheduling and prospects for partnership.

BY WENDY DAVIS

s a seventh-year bankruptcy my status, or my stature, or my advance- associate at the New York ment—I would do it.” offi ce of Sheppard, Mullin, But, she adds, that doesn’t mean it’s Richter & Hampton, Malani likely to happen. “In theory we think part- Sternstein hopes to become time is a possible thing in the law, but it aA partner in the not-too-distant future. may not be.” She suspects that most lawyers in her Many ambitious women lawyers strug- position feel likewise. After the initial angst- gle with the issue, as do their law fi rms. To ridden learning curve, she said, attorneys date, many are still developing answers. begin to develop professional competence; Even in 2007, at least a quarter-cen- Susan Rosenthal, left, and Malani Sternstein, of Sheppard, Mullin, Richter & bolstered by a newfound confi dence, they tury after law schools began graduating Hampton. start viewing the brass ring of partnership signifi cant proportions of women, female as within their grasp. “When they get to the attorneys still lag behind their male coun- equity partners at law fi rms. The NAWL law schools have graduated women in fi fth year, they say, ‘I’m not half bad at this. terparts when it comes to the highest-pay- based its report on a survey of the AmLaw substantial numbers and law fi rms have I know what I’m doing. I’m making a good ing, most prestigious jobs: partnerships 200, while the city bar surveyed 93 New recruited women at the entry level in living, so if I’m going to do it, I’m going to at large fi rms. York City fi rms. about the same ratio as men.” be ambitious about it.’” “The percentages are obviously up “The impetus for the Survey grew Why aren’t there more women part- At the same time, Ms. Sternstein plans from where they have been, but not where from the now familiar ‘50/15/15’ conun- ners? While there is no one single reason, to have children and, possibly, work part- they should be,” said Mary Jo White, a drum: for over 15 years, 50 percent of law many insiders say that part-time policies, time—that is, provided she can do so partner at Debevoise & Plimpton and school graduates have been women yet formal and informal, play a large role in without hurting her standing in the fi rm. former U.S. Attorney for the Southern for a number of years, only about 15 per- the phenomenon. Though fi rms allow “Any female lawyer is concerned District of New York. cent of law fi rm equity partners and chief part-time work, many lawyers feel that it’s about working part-time, if their goal is Indeed, recent studies by the National legal offi cers have been women,” states simply not realistic to thrive while on a to be a partner,” she said. “If I could do it Association of Women Lawyers and the the NAWL report. “The partnership pipe- part-time schedule—either because their at least for a period of time—and not be New York City Bar Association found that line is actually richer than these numbers practices don’t quite lend themselves to

concerned that it’s going to affect me, or women account for around 16 percent of suggest because, for over two decades, less than full-time work, or because their PHOTOGRAPHS BY RICK KOPSTEIN

12 February 2007 New York Law Journal Magazine

0226Mag_Firms 12-13.indd 12 2/6/07 2:51:55 PM law firms, perhaps inadver- can handle even the most de- up working closer to 80 or 90 percent of tently, are not fl exible to such manding cases, provided they’re a full-time schedule, for just 60 percent arrangements. willing to work full-time while of their former pay. In addition, lawyers Anna Brown, diversity man- they’re under way. who arrange to work from home or oth- agement attorney at Shearman “It’s possible, but you have to erwise spend less than a full week in the & Sterling, denies the firm’s be fl exible. Flexibility goes both offi ce end up missing out on the informal, part-time lawyers are at a dis- ways,” Ms. Beinecke, of Hughes impromptu get-togethers where relation- advantage. “I don’t believe that Hubbard, said. She added that ships are forged; those relationships often being a part-time woman was lawyers working on a fl ex-time result in new assignments or opportuni- seen as a negative for anyone,” schedule should be prepared to ties to meet clients. she said, referring to the fi rm’s fi eld calls and answer e-mails at Gleaning the biggest prizes requires decisions to promote women to home. not just legal skills, but political savvy and partnerships. “The concept of people work- an ability to advocate for oneself—a differ- Of course, it’s not only wom- ing 9-6, four days a week, would ent skill than advocating for clients, said en who want to work part-time. be just fi ne,” provided they were Ms. Rikleen. Even some of the most ag- Many lawyers—male and female—at vari- Candace K. Beinecke available for emergencies, adds Alfred gressive fi ghters for clients shrink when it ous times say they would prefer part-time Youngwood, managing partner at Paul, comes time to standing up for themselves, work, for reasons ranging from family re- a different lifestyle—the opportunity to Weiss, Rifkind, Wharton & Garrison. she said. sponsibilities, including caring for elderly work part-time—we believe we’ll be able Tara Kamradt, a partner at Katten Some successful female partners ac- parents, writing a book, playing in a rock to attract and retain more talent,” said Muchin Rosenman agrees: “When you’re knowledge that other women may face band or pursuing outside interests. Marcia Goldstein, a partner on the man- on a deal, you’re on a deal and if you have problems, but maintain that the women But, empirically, part-time lawyers agement committee at Weil Gotshal. to stay there all night, you’re going to have need to take active steps to make sure tend to be female. A recent NALP study But it’s also clear that, despite the suc- to fi gure something out.” they’re getting good assignments and found that, nationally, 76 percent of law- cess stories, the part-time policies don’t working with desirable clients. yers working part-time at law fi rms were work for all women, law fi rms and clients. Different Skills Lori Leskin, a partner at Kaye Scholer women. Overall, 5 percent of law fi rm Industry observers say that even the best Lauren Stiller Rikleen, author of the 2006 who spent several years telecommuting lawyers worked part-time—12 percent of policies still can be derailed. book “Ending the Gauntlet: Removing Bar- two days a week (though still working full- female lawyers and 1.7 percent of male Holly English, incoming president of riers to Women’s Success in the Law,” said time), proposes that individual lawyers attorneys. the NAWL and author of the 2003 book that the key to part-time work lies in sim- need to “take charge of their careers” to “Gender on Trial: Sexual Stereotypes ply cutting back caseload volume. “We’re make sure they’re getting quality work. Pros and Cons and Work/Life Balance in the Legal Work- all part-time to our clients,” she said. “The Debevoise & Plimpton’s Mary Jo White At the outset, it’s clear that many large place,” said many of the nearly 180 law- trick is to simply take fewer cases.” In oth- agrees. “You have to be very aggressive fi rms allow for part-time work—by part- yers she interviewed for her book reporter words, very few lawyers work 60 hours to see to it that you’re getting the right ners as well as associates. The NALP reed that cutting back on their hours hurt a week for just one client; if they can cut assignments.” • ported that virtually all fi rms of at least them professionally. “Before they went the number of clients they represent, they 100 lawyers allow for part-time work, at on a reduced-hours program they were can also shed some hours. Wendy Davis is a freelance writer who reports on the least in some situations. a superstar and then literally overnight, Even beyond fi guring out the logistics legal profession. What’s more, those policies appear to they were transformed into a distinctly of part-time work—and work for some women, as many large fi rms lesser status and, obviously, found that the sudden rearrange- have female partners who have worked to be very dispiriting,” said Ms. English, ment of schedules part-time at one point in their careers. of counsel at the Roseland, N.J., fi rm Post, when emergencies crop “In our fi rm, if you’re great at what you Polak, Goodsell, MacNeill & Strauchler. up—a host of other is- do, you’re in a position to be a partner,” Susan Rosenthal, managing partner of sues end up discour- said Candace K. Beinecke, chair of Hughes the New York offi ce of Sheppard, Mullin, aging women who try Hubbard & Reed, echoing statements of Richter & Hampton, said a part-time sched- to work fl ex-time. Law many partners at law fi rms. ule doesn’t easily lend itself to all types of firms can be hard for In fact, some firms now boast that legal work. “It’s very hard in some parts anyone to navigate, but they promote lawyers to partners even of the practice to do it and still be given part-time lawyers often while they’re on a part-time status. Weil meaningful work,” Ms. Rosenthal said. find them especially Gotshal & Manges last November an- While lawyers might be able to write riddled with hurdles, nounced it had promoted two lawyers to appeals or draft briefs on their own time- said Ms. Rikleen. the status “fl ex-time partner,” a new type tables, that’s not the sort of work that For one, there is the of partnership designed for lawyers on catapults them into the ranks of equity potential for so-called a long-term fl ex-time schedule—which, partners. “Really, trying to serve your “schedule creep”—the at Weil Gotshal, encompasses less than client involves more than just writing state of affairs that re- full-time work. a brief,” Ms. Rosenthal said. It involves sults when lawyers ar- Many of these policies are explicitly relationships with clients. “If you’re a range to work reduced promoted as women-friendly initiatives, part-timer it’s hard to make that kind of a hours, say 60 percent of designed to recruit and retain good at- commitment.” typical hours for a pro- Mary Jo White torneys. “By having a track that respects Others say that part-time attorneys rated salary, but end

New York Law Journal Magazine February 2007 13

0226Mag_Firms 12-13.indd 13 2/9/07 11:47:00 AM WOMEN IN THE LAW

More Than Just Talk

Law ﬁ rms seek to equip women with tools for career

t White & Case, 100 senior the promotion and advancement to the female associates were in- advancement. women within the fi rm.” vited to spend a weekend “Look for promotions from income in Miami last fall to network to equity partner, and look at subjective with each other and mem- BY LISA PULITZER measures like the quality of assignments bersA of the fi rm’s senior leadership team. the women are receiving and mentoring “It was a day and a half that recognized AND WENDY DAVIS and networking opportunities,” Ms. Os- people’s personal and professional time trow suggested. “One of the things that commitments,” said Kelly Hoey, manager always concerns me is that there are two of professional development at the fi rm. ment,” he recalled. “At this stage, you retreats. different agendas. There’s the women’s “The opportunity to meet with, talk to would think there would be many more While heartened by the recent surge in agenda and the fi rm’s agenda. Sometimes and interact with management is key to women in management positions.” women’s initiatives at the large law fi rms, they are the same, and sometimes they success.” Concerned for the career futures of Holly English, president-elect of the Na- are not.” The two-day retreat and other wom- his daughters, Mr. Goodell went to Duane tional Association of Women Lawyers en’s diversity initiatives at the fi rm were Wall, the fi rm’s managing partner, in the (NAWL) and author of “Gender on Trial: Mentoring born out of a series of focus groups held fall of 2003 to speak about “the most im- Sexual Stereotypes and Work/Life Balance And Networking in 2004 in response to one law partner’s portant issue in law today.” He walked out in the Legal Workplace,” said the key ques- The female attorneys at Katten Muchin call for a “more diverse workplace,” Ms. of their meeting with Mr. Wall’s blessing tion is how these fi rms intend to measure Rosenman’s Chicago offi ce gather once a Hoey explained. The partner was Timo- and a new role—head of the women’s ini- the success of their programs. She cau- month for the “morning mingle”—a break- thy Goodell, global co-head of the fi rm’s tiative program at White & Case. tioned that without a measurement plan fast meeting for lawyers to talk about their mergers & acquisitions practice group Whether via networking programs, in place, management could view many cases, or other issues on their minds. and a member of its management board. courses in business development or new of the programs as failures. “Older women, I think, have a respon- Mr. Goodell announced that he wanted to mentoring policies, law fi rms throughout “It’s hard to look at any outcome mea- sibility to try to bring along younger see that his three daughters “come into a the country are making efforts to devise sures without looking at how the initia- women—to show them, here’s how you different work environment” than the one initiatives designed to encourage women tive was planned and what assessments can build your informal network,” said he grew up in. to remain at fi rms and seek promotion to were done of a fi rm’s needs and goals,” fi rm partner Tara Kamradt, co-chair of “I’m one of fi ve boys and I have three partnership. They create opportunities said Ellen Ostrow, a psychologist and ex- the fi rm’s Women’s Leadership Forum. “If daughters. It was an eye-opening experi- for casual networking, mentoring and all- ecutive coach who specializes in personal I’m talking to a woman that I meet at that ence for me to view the world from a differ- around assistance in navigating law fi rm and career coaching for women lawyers. morning breakfast session, and she’s tell- ent point of view,” said Mr. Goodell. life. Many of the law fi rms have incorpo- “The women’s initiatives at fi rms vary to ing me about some area of expertise that The revelation started Mr. Goodell rated special initiatives for women as part such an extreme degree in terms of their she’s developing, I will refer her to a male thinking about the women in his law of their diversity programs. Some of the stated goals—and their unstated goals. partner that’s doing something similar.” school class and where they might be more recent additions include fl exible Given the reason that women within law Women in the fi rm’s New York branch, today. “I looked around and realized that and part-time work programs, maternity firms pushed for women’s initiatives, meanwhile, are planning to hold a lun- 90 percent weren’t in a law fi rm environ- leave policies and off-site seminars and you would expect that the goal would be cheon for businesswomen in the com-

14 February 2007 New York Law Journal Magazine

0226Mag_Initiative14-17.indd 14 2/6/07 10:30:30 AM FINDING HIGHLY SKILLED PROJECT ATTORNEYS Business Development COMES AT A Some law firms also are at- tempting to teach business development skills. At Nixon PRICE. Peabody, for instance, the fi rm brought in a communications coach to discuss busi- ( like saving $2 million) ness development efforts for women—and how such efforts Learn more about how our project attorneys might be different for women and paralegals can do the same for you. than men. “Oftentimes you’re the only woman in a room, or roberthalflegal.com/2million one of a few women in a room,” Ms. Moore said. “You have to Midtown · 212.557.7878 insure that you can handle 245 Park Avenue, 25th Floor yourself in a conversation in a room full of men, that you know what the boundaries are when it comes to those kinds of situations.” For example, Ms. Moore Timothy Goodell said, conversation can devolve into locker room banter, which might make Project Teams | Project Attorneys | Legal Support | Legal Search munity to discuss estate planning. And some women feel uncomfortable. the Los Angeles offi ce recently arranged Sandra DuBoff, a partner at Phillips © 2007 Robert Half Legal. An Equal Opportunity Employer. 0506-2005 a wine tasting for women partners, invit- Nizer, a mid-sized fi rm, pointed out an- ing friends of the fi rm and clients (and other reason why women might fi nd it some male partners, who showed up as diffi cult to become rainmakers. Many well). potential clients already have lawyers— Many large law firms emphasize often male lawyers—and are reluctant to mentoring in their initiatives. Weil Got- add to their roster of existing attorneys. Drexel University and Drexel Law shal & Manges, for one, revamped its “I’m not shy about asking for business,” mentoring program last year. Now, all she said. “When I ask people and they proudly congratulate fi rst-year attorneys are assigned a men- say we’re not adding to the list, I say, tor; then, as second-years, they pick ‘How many women and minorities are their own partner-mentors. The only on the list?’” JOSEPH H. JACOVINI,ESQ. limit is that no partner can have more “I don’t have those deep-seated net- than three mentees, said partner Andrea working contacts,” she added. “I don’t Board Chairman, Drexel University Bernstein, chair of the fi rm’s diversity play golf with those people giving out Chairman, Dilworth Paxson, LLP committee. business and I wasn’t in the fraternities Other fi rms also are devoting efforts with the people giving out business, so to help women develop business, by cre- that makes it a lot harder.” on receiving the ating networking opportunities aimed at Some initiatives address these sub- women, with events like parties at art tle differences. At the White & Case re- 2007 Judge Learned Hand Award galleries. treat, in addition to spa treatments, yoga “There’s always been informal men- classes and power walks, participants from the Philadelphia chapter of the toring, but I don’t think it’s been as ac- were offered a choice of a wine tasting American Jewish Committee. cessible to women,” added Elizabeth seminar or a golf clinic at the Jim McLean Moore, a partner at Nixon Peabody, Golf School at the Doral Resort and Spa. who co-chairs the fi rm’s Diversity Ac- Those activities are eminently sensible tion Committee. “People tend to mentor nowadays, when women attorneys are Drexel University people who are like them.” Nixon Pea- increasingly hosting client dinners and College of Law body also has recently implemented a being asked to join in on weekend golf Scientia, Ars, Officium formal mentoring program designed to outings. In fact, the idea for the golf clinic Knowledge, Skill, Duty Constantine Papadakis insure that all lawyers at the fi rm have came after a female colleague told Ms. President, Drexel University at least one older colleague assigned Hoey she had signed up for golf lessons to help them, said Ms. Moore, who was at Chelsea Piers. When Ms. Hoey had tapped by New York Governor Eliot asked why, the colleague explained that Spitzer soon after the November elec- one of her clients insisted she partici- Jennifer L. Rosato tion to serve as one of six co-chairs on pate in a charity golf tournament. Professor of Law/Acting Dean www.drexel.edu/law Drexel University College of Law PHOTOGRAPHY BY RICK KOPSTEIN the transition team. “It’s those situations where you say,

New York Law Journal Magazine February 2007 15

0226Mag_Initiative14-17.indd 15 2/9/07 3:00:02 PM WOMEN IN THE LAW

I’ve got to suck it up and do it,” said Ms. Overall, explained Ms. Hoey, the fi rm’s Maternity Leave Hoey, who noted that a good deal of net- retreat last fall covered many areas. “It And Flexible Scheduling working occurs on the golf course and in was a combination of lectures, seminars Ms. Hoey, at White & Case, also touted restaurants. Ms. Hoey recalled how her and focus groups, concentrating on what the fi rm’s most recent initiative—a new own mentor at a prior job insisted she they [senior associates] can do to further fl exible work arrangement policy open learn to golf because it was “what every- their careers not only on a professional to both male and female employees. “It one does in our practice” and an impor- level, but on a social level as well,” said is not a check-the-box policy, it is gender tant way to “network.” Ms. Hoey. and reason blind,” Ms. Hoey explained. “Having these skills is only going to Proskauer Rose’s two-day Women’s “The fi rm doesn’t care if you are a male in help you engage and interact with a great- Law Forum held last October at Long your fourth year who wants to spend four er variety of people, which can only help Island’s Garden City Hotel, included 30 months mountain climbing, a new moth- you expand and develop your career,” she of the fi rm’s women attorneys as well as er, or someone with an aging parent who added. “If the power-brokers are all men 100 of its female clients and prospective needs care. The merits are evaluated on and that’s what they’re doing…you need clients. In addition to networking sessions what it is you do, how you are going to get to be doing whatever it takes to be next and CLE-related seminars, women attor- your work done, and how your proposed to the power—whether they like to play neys indulged in spa treatments, took golf Elizabeth Moore arrangement is going to affect your clients golf, or eat steak and drink red wine at a lessons, learned how to order the “right” and co-workers.” restaurant; you have to act interested and wine when entertaining clients, and heard each other, and to meet the female part- “We’ve done a lot of research within get engaged with those people however “Sex and the City” author Candace Bush- ners at Proskauer. And it gave us, the part- White & Case and there are a lot of push you can.” nell, the keynote speaker, present “Success ners, an opportunity to network and get and pull factors,” said Mr. Goodell. “The She noted that White & Case was not and Sensibility: Women’s Issues in Relation- to know each other better.” big law fi rm life isn’t for everyone.” advocating that women attorneys play ships and the Workplace —the Good, the Ms. Bloom said putting on and attend- According to White & Case’s find- golf when she added the golf clinic to the Annoying and the Really Funny.” ing the conference was the single best ings, men and women stay and leave at list of offerings at the 2006 retreat, and ad- Elise Bloom, a partner in the labor thing she has done as a lawyer because it the same rate in the fi rst three years at a vised that women lawyers can and should and employment law department of Pros- enabled her to become friends with other big fi rm. But in years four through seven, steer their outside networking activities kauer, organized the event. “The goal is women partners and associates—effec- more women are leaving, perhaps in pur- in other, more mutually pleasurable direc- obviously to provide an opportunity for tively making her work environment a suit of a greater work/life balance. tions once a rapport is established. women in-house counsel to get to know more desirable and friendly place. “We are trying to fi gure out ways to

16 February 2007 New York Law Journal Magazine

0226Mag_Initiative14-17.indd 16 2/9/07 11:50:48 AM help retain them in those critical years a part-time program if they decide not to to be somebody in good standing,” said Nannes said the effort has helped the fi rm where they have a stronger pool for part- return full time. Ms. Marafi oti. “There is an expectation recruit women. nership,” Mr. Goodell added. “I think a unique thing about our pro- that they’re interested in returning, and As for Mr. Goodell, he said he is aware Skadden, Arps, Slate, Meagher & Flom gram is that we don’t want to get into we would expect to be able to fi nd a place that some at his fi rm may be skeptical of recently rolled out a new maternity leave why they want to get into the program,” for them.” having a man leading the women’s initia- policy to help new mothers return to work Ms. Garfi nkel noted. “We currently have At Dickstein Shapiro, the fi rm imple- tives program. For that reason, he regular- on a more moderate time schedule than a male litigator who has fi ve children and mented a more user-friendly part-time poli- ly polls the company’s female lawyers for previously possible. Flexible Return from he works on a part-time schedule because cy almost 10 years ago in hopes of increasing feedback, offering to turn over the reins if Maternity, or FRM, “allows attorneys to I think his wife needs him to.” the ranks of women. At the fi rm, lawyers can need be. One reason why he hasn’t done come back on a reduced schedule for “We really have two goals, one is to choose to work reduced hours—generally so is that women have told him that hav- some period of time as a way to ease back retain talented attorneys, and another is 50 percent to 80 percent (or 2.5 to four days) ing a member of the fi rm’s management into the work force,” said Skadden’s As- to assist attorneys, especially women, in of a regular week, based on a 1,950-billable board on their side adds credibility to the sociate Development Director Jodie Gar- managing their lives and careers,” said hour year. Pay also is prorated based on push for equal opportunities. fi nkel, noting it has been requested by 99 Kayalyn Marafi oti, a partner at the fi rm the proportion of time worked. When those “A great goal is to have a higher percent- percent of those who have gone out on and co-chair of its diversity committee. lawyers are on trial, or are closing a deal, age of women partners, but even more im- maternity leave since its inception. “That is our motivation…it is our absolute they might work longer hours, but they are portant is to build a better, more inclusive Under the policy, new mothers can hope and our expectation.” then able to compensate for that by working work environment so everyone feels they work shorter days or fewer hours per day Another new program at Skadden, fewer hours later. have equal opportunities to build their own for up to 12 months, as long as they create “Sidebar,” allows new mothers who want “It was just common sense,” said careers,” said Mr. Goodell. “I want more a schedule that works within the confi nes to stay home with their children for a lon- chairman Michael Nannes, adding that people to feel they are happy coming to a of the practice. In addition, they can ease ger period to remain in touch with the fi rm other partners viewed the part-time pro- place like White & Case to work.” • the separation under a program that al- with the hope they will eventually return gram as an opportunity to both make a lows new mothers to leave their infants to work. Candidates are assigned a men- statement and lure women to the fi rm. The Lisa Pulitzer is a freelance writer, former correspondent in an on-premise child care center for a tor and receive invitations to programs to Women’s Bar Association of the District to The New York Times and author of six true-crime period of time up to three months. keep them current. When they are ready, of Columbia recognized Mr. Nannes’ ef- books. Wendy Davis is a freelance writer who reports Returning mothers, as well as male they can also make themselves available forts last year, bestowing upon him the on the legal profession. New York Law Journal editorial attorneys who request a scaled back or for ad hoc work. 2006 “Star of the Bar” award for helping assistant Janine Friend provided research assistance fl exible schedule, also have the option for “Part of the criteria is that you have the advancement of women attorneys. Mr. for this article.

New York Law Journal Magazine February 2007 17

0226Mag_Initiative14-17.indd 17 2/6/07 10:30:38 AM WOMEN IN THE LAW A Structure Of Their Own Decision makers at three ﬁ rms make busy lives and work balance out.

BY LISA PULITZER

or six years, attorney Siobhan commercial litigation fi rm with offi ces in Moran worked at a large cor- New York City and Long Island. “Those porate fi rm with 800 lawyers. were the issues at the forefront for me. While the work was good, she I can’t recall any one of the three of us ultimately decided to leave saying we wanted to be a women-owned F because there was no balance between fi rm. We just realized one day, ‘we are her career and personal life. Hoping for a women owned.’” change, she moved to a smaller fi rm with Ms. Moran is not alone in her quest to 200 lawyers. But still the fi rm did not offer fi nd a better work/life balance while still the balance she was looking for and so advancing her career into the leadership she left again to work briefl y as in-house ranks of the law. Still, the number of wom- counsel at several Fortune 500 companies en in partnership roles in major law fi rms before opening her own fi rm in 1996 with has grown less than 4 percent during the two partners. last 10 years from about 14 percent in “We were looking for the balance, to 1996 to 17.9 percent in 2006, according be the decision makers, to have more to Judith Collins, research director of the Partners at d’Arcambal Levine & Ousley, from left: Aimee Levine, Michelle control over our lives,” said Ms. Moran, National Association of Law Placement d’Arcambal and Jodi Ousley referring to lawyers at her current law (NALP), a Washington, D.C.-based trade fi rm, Moran • Karamouzis, where she group that provides legal career counsel- her fi ndings on an analysis of the orga- legal employer data of large law fi rms is majority shareholder and managing ing and professional development for law nization’s 2006-2007 “Directory of Legal with more than 50 employees. partner. The fi rm is an eight-attorney students and lawyers. Ms. Collins based Employers,” the annual compendium of Jim Liepold, the executive director of

18 February 2007 New York Law Journal Magazine

0226Mag_Own18-21.indd 18 2/6/07 10:34:29 AM NALP, said data is not available to explain fi rm straight out of law school in 1978 as lawyer full-time. sons why women pursue courses other the low number of women partners even the fi rst associate to fi ve male partners. “I certainly felt at times it was too than the large law fi rm. “It’s not about as the number of women graduating from “Flexibility has always been a hallmark much, and sometimes it is too much,” being a parent and wanting more fl ex- the nation’s law schools is now equal to of the fi rm. A few years after I came here, I said Ms. Kaufman. “Sometimes you have ibility for your kids, it’s about work envi- that of men. started having kids,” she recalled. “I never to devote yourself 100 percent to your job, ronment, and the ability to pursue other “It’s the million-dollar question, and wanted to work part-time. I knew I wanted but then you bounce back.” interests and have more control over your it’s one of the most serious and troubling to spend a lot of time with my children and As much as taking care of families has schedule,” said Aimee Levine, a partner challenges facing law firms,” said Mr. family, but I also wanted to practice as a fallen to women, there are still other rea- with d’Arcambal Levine & Ousley, a fi ve- Liepold, who noted that the issue has been receiving a lot of press of late, with experts weighing in on the causes, the recent implementation of women’s initiatives such as mentoring and training sessions for women attorneys, and work/life resources such as parental leave, mother’s room and back-up childcare, at a number of the nation’s top law fi rms. Mr. Liepold cited raising families and the rainmaking structures that men have dominated for years as possible reasons why women have fared so poorly in attain- ing partnership roles. He also raised the possibility that women just aren’t interested in choosing that career path. “It is really speculation,” Mr. Liepold said. “We just don’t have data that sup- ports the ‘why.’ What’s clear, and what more and more work is focusing on, is that the career pathways of men and women who are choosing private practice is not the same.” Beyond Billable Hours Manhattan attorney Mindy Stern said she joined a large city fi rm right out of law school, never expecting to make it her permanent home. “What I wanted to LawFirmBuilder do was to develop my own practice and to be an entrepreneur,” said Ms. Stern, who is now the managing partner of We are pleased to announce the formation of Schoeman, Updike & Kaufman, a 20-at- LawFirmBuilder, a virtual marketing department led by torney general practice law fi rm whose equity ownership recently shifted to Andrea K. Stimmel. Ms. Stimmel has created award- the fi ve women partners of the fi rm. “I knew I could accomplish that better at winning websites and designed fully integrated marketing a small fi rm.” and communications programs for AMLAW 200 fi rms as Ms. Moran cited other issues. “Big law fi rms really serve one master and well as leading accounting fi rms. She is the president of the that is the billable hour, and to that extent women want something different,” Legal Marketing Association’s Metro New York Chapter. said Ms. Moran, who began her law career at Shearman & Sterling. “It is often women who are dealing with child care LawFirmBuilder is a resource to create and implement and elder care, perhaps more than men. major projects such as websites; fi rm and practice They are usually the ones who have the other responsibilities. Even if women are marketing plans, and major events. LawFirmBuilder available to serve that one master, the way they go about it—using telecommuting specializes in business development training and coaching. and fl ex hours—is not traditional and I think that causes a big problem. I don’t think that large law fi rms have embraced For more information contact: that concept.” “It’s exhausting, but you can raise a [email protected] or 917-446-4696 family and become a successful lawyer in a fi rm,” said Beth Kaufman, an equity part-

PHOTOGRAPHS BY RICK KOPSTEIN ner in Schoeman Updike, who joined the

New York Law Journal Magazine February 2007 19

0226Mag_Own18-21.indd 19 2/9/07 3:02:31 PM WOMEN IN THE LAW

plans and options for her clients, as the and fun.” primary reason for leaving a large law “What has happened with the three fi rm setting to become a partner in a of us is that the whole fi rm is wrapped small, women-owned law fi rm in New around collaboration with each other, and York. with our clients,” said Ms. d’Arcambal. “I don’t think I wanted to end up in One way the fi rm encourages collabo- a women-owned law fi rm,” noted Ms. ration is by requiring that its partners be d’Arcambal, who, during her 20-year familiar with the fi rm’s whole portfolio of legal career, has held positions at both work. Since all the partners have a working large and medium-sized corporations, knowledge of the matters being handled including the Metropolitan Life Insur- by the fi rm, it is far easier for them to con- ance Company. She also served as a sult with an associate and shift workloads commercial litigation partner in the New from one person to another. It also means York City offi ce of Ross & Hardies—now that their clients always have the ability to known as McGuire Woods—a 200-lawyer seek the opinion of another partner in the fi rm that at the time was based in Chi- fi rm, and to get prompt assistance should cago. “I’ve been really happy in-house the attorney assigned to their case be out and at big law fi rms, where I worked on of the offi ce. big cases with lots of people, and it’s “Things happen in our lives, personal been fun. things, and someone is always able to pick “But I’m happier now,” said Ms. up the case,” Ms. d’Arcambal said. “At be- Siobhan Moran, managing partner of Moran • Karamouzis d’Arcambal of her current position. “The hemoth law fi rms, you can’t be as fl exible fl exibility in this fi rm is fabulous. I can be as we are, even about getting the rate. We lawyer commercial litigation fi rm. “Even Ms. Levine’s partner, Michelle myself more now.” don’t have that kind of overhead, so we if you are a white male [at a large fi rm] d’Arcambal, cited the ability to create The female partners of d’Arcambal, can implement different ideas of how to you don’t have the control you have at additional fl exibility for herself, both in Levine & Ousley described their work at- achieve results with fewer hours or fewer your own fi rm.” terms of hours worked and in payment mosphere as “collaborative, supportive people.” Negotiating and Drafting Contract Boilerplate Co-Authored and Edited by Tina L. Stark with Contributing Experts Save 10% “This book deserves to become a standard reference text in law firm libraries and a regular source for any lawyer implementing or litigating a commercial transaction.” —ALI-ABA Insider

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20 February 2007 New York Law Journal Magazine

0226Mag_Own18-21.indd 20 2/9/07 3:36:31 PM Ms. Levine, a graduate of the Columbia University School of Law and former cor- “The ﬂ exibility in this ﬁ rm is porate and commercial litigator for Willkie Farr & Gallagher, said: “I’ve always liked my independence, and I didn’t like being fabulous. I can be myself more now.” in a constricted environment.” Partner Jodie Ousley, a former exam- —Michelle d’Arcambal ining attorney for the Public Assistance and Grants Unit of the New York City Department of Investigation (DOI), said Martha Alsaro, deputy chief legal coun- the board of the National Association of versity initiatives, it is a great opportu- collaboration is something she values. sel for the New York City Law Depart- Women Lawyers, and coordinator of a se- nity for us and for them.” “In my current position, it happens on a ment. Ms. Alsaro said her agency’s goal ries of networking breakfasts and lunches “Most of our clients didn’t know we are day-to-day basis. We have the fl exibility in joining NAMWOLF is to recruit more for women litigators for the New York City women owned,” said Ms. Moran, who is to try new ways of practicing. Our clients women-owned fi rms to list with the law Bar Association. also vice chair of the Women in the Courts like it, and we like it.” department. She also noted that a number She lauded the foresight of the found- Committee for the Nassau County Bar As- In the spirit of staying fl exible, the fi rm of the women lawyers she has encoun- ing members of the fi rm, who, she said, sociation. “I think there are a lot of small is looking for a pool of highly trained at- tered through her work have confi ded provided all of its women attorneys with fi rms that are cutting edge that can do torneys to work on a part-time or contract that fi nding a position that offers “a fl ex- the tools they needed to succeed in the what a lot of corporate fi rms can do, but basis. “We are looking for lawyers who are ible lifestyle” is their main objective when fi eld of law. “I think it was really part of potential clients might be hesitant to hire looking for work here and there, who want conducting a job search. “It is a relevant the plan to advance the people who were a small fi rm. That’s where organizations to keep their pulse on things, but are not issue,” said Ms. Alsaro. worthy of being advanced no matter the like NAMWOLF help.” yet ready for a full-time schedule,” said “Since we became women-owned, gender,” said Ms. Kaufman, who noted Ms. Moran said corporations are Ms. Ousley. we’ve become very valuable because of that the fi rm’s shift in equity ownership drawn to her fi rm, fi rst and foremost, for the diversity we provide corporations, in 2004 of nearly 70 percent to its women the service it can provide its clients. “I A Formal Push whether it is because they have diversity partners did not cause friction for the think as far as employees, associates and The law fi rms discussed in this article are initiatives, or because it is important to men of Schoeman Updike. “I think they other partners, they are drawn to our fi rm members of the National Association of them,” said Ms. Kaufman, a member of recognize that because of corporate di- more for the work/life balance we can of- Minority and Women Owned Law Firms fer,” she said. “We have people, both (NAMWOLF), a national trade organiza- men and women, who have other com- tion based in Milwaukee, Wisc., that helps mitments. Two serve as elected offi cials corporations diversify their outside coun- for the Village of Rockville Centre. Their sel. Following a lengthy selection process, time is needed during the day, and they the group recognizes fi rms committed to are free to meet those responsibilities. diversity, and functions by establishing re- Most professionals know their responsi- lationships between its member law fi rms bilities, and if given a structure in which and outside corporations, who sign up as they could meet both their professional corporate partners. and family responsibility, most people NAMWOLF’s marketing coordinator, would embrace that. Tom Sergeant, reports a “startling” jump “In order to get that balance, you have in membership applications in 2006, with to make a commitment to how you are 23 law fi rms admitted last year, up more going to grow, whether you are going to than 50 percent from the 10 fi rms admit- handle every client that walks in the door, ted in 2002. Currently, NAMWOLF has 47 and a commitment to people who share member fi rms, of which 27 are women- your philosophy. owned. Its 100 corporate partners include “We do complex corporate and com- PepsiAmericas, Accenture and Dupont, mercial litigation. We have that cutting- the recipient of the organization’s 2006 edge work. But at the same time, there is Diversity Award. a commitment to a work-life balance. The New York City Law Department “If work-life balance shifts, it is not go- recently joined NAMWOLF’s Corporate ing to be long term,” Ms. Moran continued. and Public Entities Partnering Program. “It’s sort of a seesaw. Not to say that things The program requires interested corpora- have not been crazy at times. I have been tions and other entities to agree to set a in cases where I have worked 20 hours a goal of eventually expending a minimum day, and I have young children. of 5 percent of their outside counsel bud- “Those days are going to require my get on minority and women-owned law undivided attention—for a period of time. fi rms that have been certifi ed by a cred- Then, I would have to say, how are we go- ible and recognized entity. In addition to ing to get things back to balance,” said the New York City Law Department, NAM- Ms. Moran. WOLF counts the cities of Cincinnati and “It’s about communication and about Indianapolis, and the housing authorities keeping the balance.” • of Fort Wayne, Ind., and Columbus, Ohio, among the program’s 13 members. Lisa Pulitzer is a freelance writer, former correspondent The expenditure is consistent with Mindy Stern, left, managing partner of Schoeman, Updike & Kaufman, and to The New York Times and author of six true-crime the city law department’s objective, said equity partner, Beth Kaufman books.

New York Law Journal Magazine February 2007 21

0226Mag_Own18-21.indd 21 2/6/07 10:34:40 AM WOMEN IN THE LAW

Steady Beat of Progress in the Judiciary

Women are more visible but rates vary widely throughout the state.

BY CARLA T. MAIN

t is all the fault of Chief Judge Judith S. Kaye. Since she ascended to lead the high- and because any woman will look out for another woman, mentoring them, know- est court in the state 13 years ago, Chief Judge Kaye has been known for digging ing there are life-balance issues.” These thoughts were echoed by Justice A. Gail in, delegating, dashing about and otherwise proceeding to drag the Byzantine Prudenti, presiding justice of the Appellate Division, Second Department, who said, judicial system of New York state into the 21st century. Now, as her 14-year term “I was very lucky because when I came out of law school, Sandra Day O’Connor had reaches an end, she has asked if she may keep on leading the New York courts been named to the Supreme Court and that gave me confi dence. And later on Judith I until 2008 when she turns 70, the mandatory retirement age. Kaye was named chief judge, and once again, that was something really inspirational The result of having Chief Judge Kaye at the helm of our judicial system is for me in my career.” this: The whirlwind created by her ubiquitous comings and goings has fostered New York has pulled slightly ahead of the national average for its overall participa- a perception in the popular imagination that the New York judiciary is packed tion of women on the bench. Twenty-nine percent of all judicial seats in the state are stem to stern with women judges. Alas, it is not. The state certainly has come a held by women, according to fi gures compiled through mid-2006 (i.e., pre-election) long way. But there are many pockets in the judiciary of New York where there by the New York State Judicial Committee on Women in the Courts. The national are few women indeed. pattern is that women comprise about 24 percent of judges in any given state, ac- Some might question whether in this post-feminist age, it makes any difference cording to Drucilla Stender Ramey, executive director of the National Association whether we have signifi cant numbers of women in the judiciary, or whether we of Women Judges. should even ask the question. “It’s tremendously important,” said Chief Judge Kaye, What is encouraging about the New York fi gure is not only that it has exceeded the for women “to see our numbers rising” in the judiciary. “There has to be a positive national average by 5 percent, but also, at least overall, women seem to have been impact when women assume a high position,” she continued, “whether it’s in the gaining steadily in New York in recent years. Yet despite gains overall, the numbers judiciary or in the corporate world. It has to be very encouraging, both as a symbol show that women have lost ground at the Appellate Division. At the Supreme Court in

22 February 2007 New York Law Journal Magazine

0226Mag_Judge22-29.indd 22 2/5/07 1:44:01 PM in the private and public sector and developed those qualifi cations you need to ascend to certain positions,” said Justice Prudenti. “As a result,” she observed, “there are so many choices today.” Patterns of Change Chief Judge Kaye is hardly the lone woman in Albany. Three of her associate judges are women: Judges Carmen Beauchamp Ciparick, Susan Phillips Read, and Victoria A. Graffeo. In that sense, the New York Court of Appeals holds it own as one of the best courts of last resort in the nation for gender parity among its judges. In New York, Ohio and the District of Columbia, women comprise a majority on the state’s highest court. A third of the states now have female chiefs. New York is alone, however, in the distinction of having a majority of women on the high court as well as a female chief justice.1 At least one state, Indiana, does not have a woman on its highest court, and until recently the same was true of Oregon and Kentucky. And approximately a third of the states have only one woman on their supreme courts. The Court of Appeals, of course, is highly visible. But drill down deeper where the media spotlight shines less often and we fi nd wildly disparate rates of gender equity. The Judicial Committee on Women in the Courts, chaired by former Appellate Division, First Department, Justice Betty Weinberg Ellerin, issued a formal report in 2002, which looked back over 15 years of progress since the founding of the New York State Task Force on Women in the Courts. The study took a close look at how many women sit on state courts of various types. The committee canvassed disparate courts statewide such as the Court of Appeals, County Court, Family Court, some of the District Courts, Housing Court and Criminal Court, to name a few. The Committee on Women in the Courts has continued to gather updated statistics.2

PHOTOGRAPH BY RICK KOPSTEIN There is both good news and bad news. The general picture has improved over the years. Women have gone from 11 percent of the New “It’s tremendously important [for women] York judiciary in 1986 to 25 percent in 2001 to 29 percent in 2006. Yet one must take care to consider which seats women are occupying. As to see our numbers rising” in the judiciary. they say in Lotto, “you’ve gotta be in it to win it.” The Supreme Court is often considered the prize not only for its inherent status but also —Chief Judge Judith S. Kaye because it puts a judge in the pool for selection for the Appellate Divi- sion. And the Appellate Division, in turn, can be a ripe vineyard for picking Court of Appeals judges. New York City, about a third of the time when litigants go to Supreme Court, a woman In the appellate courts, the number of women depends largely on geography. In will be hearing their case. But take a trip upstate and litigants peering up at the bench 1986, women comprised 13 percent of Appellate Division judges. Women shot up to see a lot less lipstick in some districts. nearly 20 percent in 1996, and fi nally rose as high as 26 percent in 2001. Interestingly, At the same time, the current representation of women on the bench may indicate and perhaps not coincidentally, in the 1990s gender equity studies about the legal a glass half-full. Justice Prudenti, who started her career in the late 1970s, noted, profession were “very much in vogue,” according to Joan Cochet, librarian special- “When I started, women were few and far between, and many of them made their ist at the National Center for State Courts. Indeed, the NCSC online library is replete living in government service.” The passage of time has changed the landscape of the with such studies about the court system nationwide from the 1990s. After the 1990s, profession; now government service is not the only game in town for women lawyers, they virtually disappeared. Since 2000, the number of Appellate Division seats held as rewarding as a career in the judiciary may be. “It took time for women in the law to by women actually went down: to 13 percent in 2006—lower than where women had develop expertise to succeed, to rise in the ranks to positions of power and author- started in the days of big shoulder pads. One woman, Associate Judge Victoria Graffeo, ity. Look, it was only in the last 20 years that women emerged in signifi cant numbers (continued on page 27)

Moments in History Highlights of milestones and turning points. —By Susan L. Harper

1886—Katherine 1890—University of New York (now 1899–National 1923–Julie Regula “Kate” Stoneman New York University, Association of Women Jenney was appointed First woman left) held its fi rst Lawyers was founded in Deputy Attorney admitted to the “woman’s law New York City, previously General, becoming practice of law in class.” formed under the name the fi rst woman New York state. The Women Lawyers’ attorney to work in 1894–M. Club. the New York State Stanleyetta Attorney General’s 1908–New York County Titus First offi ce. In 1900, she Lawyers’ Association 1886—New York State Bar Association, woman became the fi rst woman was formed and permitted founded in 1876, admitted Ms. Stoneman, who admitted to the to appear before the New women to become became its fi rst woman member. New York City bar. York Court of Appeals. members from the start.

PHOTOGRAPHS BY UNIVERSITY ARCHIVES/UNIVERSITY AT ALBANY SUNY/LIBRARIES (STONEMAN); RICK KOPSTEIN (NYU LAW SCHOOL); COURTESY OF THE OFFICE OF THE ATTORNEY GENERAL (JENNEY) New York Law Journal Magazine February 2007 23

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0226Mag_Judge22-29.indd 24 2/5/07 1:54:03 PM C O N T I N U I N G L E G A L E D U C A T I O N CLE WINTER 2007 SCHEDULE MARCH 2007 TAX LAW TRUSTS AND ESTATES SEMINAR: Eleventh Annual New York State and City Tax Institute SEMINAR: Third Annual International Estate Planning Institute DATE/TIME: March 1, 2007 8:45 a.m.-5:15 p.m. DATE/TIME: Thursday, May 3 and Friday, May 4, 2007 LOCATION: The Princeton Club of New York, New York City LOCATION: New York’s Hotel Pennsylvania, New York City SPONSOR: Co-sponsored by the Tax Section and the Committee on Continuing Legal Education SPONSOR: New York State Bar Association (NYSBA) and the Society of Trust & Estate of the New York State Bar Association and the New York State Department of Taxation Practitioners (STEP) and Finance CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] CREDITS: 11.0 MCLE credits CREDITS: 7.5 MCLE Credits, includes 1.0 ethics credit ANTITRUST LAW LABOR AND EMPLOYMENT SEMINAR: 48th Annual Antitrust Law Institute SEMINAR: Employment Law for the General Practitioner and Corporate Counsel: Current DATE/TIME: May 7-8, 2007, 9:00 a.m. Law and Cutting-Edge Issues LOCATION: PLI New York Center, www.pli.edu DATE/TIME: March 8, 2007, 9:00 a.m.-5:00 p.m. SPONSOR: Practising Law Institute LOCATION: The Princeton Club of New York, New York City CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu SPONSOR: Cosponsored by the Labor and Employment Law Section and the Committee on CREDITS: This continuing legal education program has been approved in accordance with the Continuing Legal Education of New York State Bar Association requirements of the New York State Continuing Legal Education Board. CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] CREDITS: 7.5 MCLE credits, includes 1.0 ethics credit INTELLECTUAL PROPERTY SEMINAR: The 23rd Annual Joint Patent Practice Seminar DATE/TIME: Wednesday, May 9, 2007 LOCATION: Marriott Marquis, 1535 Broadway, NYC APRIL 2007 SPONSOR: Connecticut, New Jersey, New York and Philadelphia Intellectual Property Law Associations SECURITIES LAW CONTACT: E-mail us at [email protected] or call (201) 634-1870; Registration: www.jppcle.org SEMINAR: The Investment Management Institute 2007 CREDITS: New York: 7.0 Professional Practice Credits/1.0 Ethics DATE/TIME: April 12-13, 2007, 9:00 a.m. Pennsylvania: 5.5 Professional Practice Credits/1.0 Ethics LOCATION: PLI New York Center SPONSOR: Practising Law Institute PRACTICAL SKILLS CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu SEMINAR: Practical Skills: How to Commence a Civil Lawsuit CREDITS: In accordance with the requirements of the New York State Continuing Legal Education DATE/TIME: May 15, 2007, 9:00 a.m.-4:00 p.m. Board, this non-transitional continuing legal education program is NOT approved for the LOCATION: Albany, Buffalo, Long Island, New York City, Rochester, Syracuse and Mt. Kisco newly admitted attorney within the first two years of admission to the Bar. It has been SPONSOR: New York State Bar Association (NYSBA) approved for experienced attorneys for a maximum of 10.5 credit hours, of which 1.0 CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] credit hour can be applied toward the ethics requirement and 9.5 credit hours can be CREDITS: 6.5 CLE credits applied toward the professional practice requirement.

BANKING LAW PATENT LAW SEMINAR: Asset Based Financing 2007 SEMINAR: PLI’s Patent Bar Review DATE/TIME: April 16-17, 2007, 9:00 a.m. DATE/TIME: May 16-20, 2007, 8:00 a.m. LOCATION: PLI New York Center, www.pli.edu LOCATION: PLI New York Center SPONSOR: Practising Law Institute SPONSOR: Practising Law Institute CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu CREDITS: In accordance with the requirements of the New York State Continuing Legal Education CREDITS: In accordance with the requirements of the New York State Continuing Legal Education Board, this non-transitional continuing legal education program is NOT approved for the Board, this non-transitional continuing legal education program is NOT approved for the newly admitted attorney within the first two years of admission to the Bar. It has been newly admitted attorney within the first two years of admission to the Bar. It has been approved for experienced attorneys for a maximum of 13.0 credit hours, of which 1.0 approved for experienced attorneys for a maximum of 40.5 credit hours, of which 1.0 credit hour can be applied toward the ethics requirement and 12.0 credit hours can be credit hour can be applied toward the ethics requirement and 39.5 credit hours can be applied toward the professional practice requirement. applied toward the professional practice requirement.

PRACTICAL SKILLS TAX LAW SEMINAR: Practical Skills: Family Court Practice SEMINAR: Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other DATE/TIME: April 17, 2007, 9:00 a.m.-4:40 p.m. Strategic Alliances 2007 LOCATION: Albany, Buffalo, Long Island, New York City, Rochester, Syracuse and Mt. Kisco DATE/TIME: May 31-June 1, 2007, 9:00 a.m. SPONSOR: New York State Bar Association (NYSBA) LOCATION: PLI New York Center CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] SPONSOR: Practising Law Institute CREDITS: 7.0 CLE credits CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu CREDITS: This continuing legal education program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board. GENERAL PRACTICE SEMINAR: Women on the Move IV DATE/TIME: Thursday, April 26, 2007 1:00 – 5:10 pm (Networking Reception will follow 5:10 – 7:00pm) LOCATION: The Princeton Club, New York City JUNE 2007 SPONSOR: The New York State Bar Association CONTACT: NYSBA Registrar’s Office – 800-582-2452 PRACTICAL SKILLS CREDITS: 4.5 MCLE credits SEMINAR: Practical Skills: Collections and the Enforcement of Money Judgments DATE/TIME: June 4, 2007, 9:00 a.m.-4:45 p.m. LOCATION: Albany, Long Island, New York City, Syracuse and White Plains NEGOTIATION SPONSOR: New York State Bar Association (NYSBA) SEMINAR: Cutting Edge Negotiation Strategy for Lawyers CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] DATE/TIME: April 26-27, 2007 CREDITS: 7.5 CLE credits. LOCATION: New York, NY SPONSOR: The Center for Negotiation Strategy CONTACT: Lynn Luehwesmann, 1-800-625-3734 SECURITIES LAW CREDITS: 14 SEMINAR: Hedge Funds 2007 DATE/TIME: June 6, 2007, 9:00 a.m. LOCATION: PLI New York Center, www.pli.edu INSURANCE LAW SPONSOR: Practising Law Institute SEMINAR: Insurance Coverage 2007: Claim Trends & Litigation CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu DATE/TIME: April 30-May 1, 2007, 9:00 a.m. CREDITS: This continuing legal education program has been approved in accordance with the LOCATION: PLI New York Center, www.pli.edu requirements of the New York State Continuing Legal Education Board. SPONSOR: Practising Law Institute CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu CREDITS: This continuing legal education program has been approved in accordance with the CORPORATE LAW requirements of the New York State Continuing Legal Education Board. SEMINAR: Corporate Compliance and Ethics Institute 2007 DATE/TIME: June 7-8, 2007, 9:00 a.m. LOCATION: PLI New York Center, www.pli.edu SPONSOR: Practising Law Institute CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu MAY 2007 CREDITS: This continuing legal education program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board. SECURITIES LAW SEMINAR: Foreign Issuers & the U.S. Securities Laws 2007: Strategies for the Changing Regulatory Environment NEGOTIATION DATE/TIME: May 2, 2007, 9:00 a.m. SEMINAR: Cutting Edge Negotiation Strategy for Lawyers LOCATION: PLI New York Center, www.pli.edu DATE/TIME: June 7-8, 2007 SPONSOR: Practising Law Institute LOCATION: New York, NY CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu SPONSOR: The Center for Negotiation Strategy CREDITS: This continuing legal education program has been approved in accordance with the CONTACT: Lynn Luehwesmann, 1-800-625-3734 requirements of the New York State Continuing Legal Education Board. CREDITS: 14 PRIVACY LAW PRACTICAL SKILLS SEMINAR: Eighth Annual Institute on Privacy Law: Evolving Laws & Practices in a Security- SEMINAR: Practical Skills: Basic Elder Law Practice Driven World DATE/TIME: May 2, 2007, 9:00 a.m.-4:30 p.m. DATE/TIME: June 25-26, 2007, 9:00 a.m. LOCATION: Albany, Long Island, New York City, Rochester, Syracuse and Mt. Kisco LOCATION: PLI New York Center SPONSOR: New York State Bar Association (NYSBA) SPONSOR: Practising Law Institute CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] CONTACT: Customer Relations, (800) 260-4PLI, www.pli.edu CREDITS: 7.0 CLE credits CREDITS: This continuing legal education program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board.

0226 bleed pages 3,24,25,26.indd25 25 2/9/07 4:29:36 PM C O N T I N U I N G L E G A L E D U C A T I O N CLE PROGRAMS SORTED BY SUBJECT ANTITRUST LAW NEGOTIATION SEMINAR: The Investment Management Institute 2007 SEMINAR: Cutting Edge Negotiation Strategy for DATE/TIME: April 12-13, 2007, 9:00 a.m. SEMINAR: 48th Annual Antitrust Law Institute Lawyers LOCATION: PLI New York Center DATE/TIME: May 7-8, 2007, 9:00 a.m. DATE/TIME: April 26-27, 2007 SPONSOR: Practising Law Institute LOCATION: PLI New York Center, www.pli.edu LOCATION: New York, NY CONTACT: Customer Relations, (800) 260-4PLI, SPONSOR: Practising Law Institute SPONSOR: The Center for Negotiation Strategy www.pli.edu CONTACT: Customer Relations, (800) 260-4PLI, CREDITS: In accordance with the requirements of the New York CONTACT: Lynn Luehwesmann, 1-800-625-3734 www.pli.edu State Continuing Legal Education Board, this non-tran CREDITS: 14 CREDITS: This continuing legal education program has sitional continuing legal education program is NOT been approved in accordance with the approved for the newly admitted attorney within the first two years of admission to the Bar. It has been requirements of the New York State SEMINAR: Cutting Edge Negotiation Strategy for approved for experienced attorneys for a maximum of Continuing Legal Education Board. Lawyers 10.5 credit hours, of which 1.0 credit hour can DATE/TIME: June 7-8, 2007 be applied toward the ethics requirement and 9.5 credit hours can be applied toward the professional BANKING LAW LOCATION: New York, NY practice requirement. SPONSOR: The Center for Negotiation Strategy SEMINAR: Asset Based Financing 2007 CONTACT: Lynn Luehwesmann, 1-800-625-3734 DATE/TIME: April 16-17, 2007, 9:00 a.m. CREDITS: 14 SEMINAR: Foreign Issuers & the U.S. Securities Laws LOCATION: PLI New York Center, www.pli.edu 2007: Strategies for the Changing SPONSOR: Practising Law Institute Regulatory Environment CONTACT: Customer Relations, (800) 260-4PLI, PATENT LAW DATE/TIME: May 2, 2007, 9:00 a.m. www.pli.edu CREDITS: In accordance with the requirements of the New SEMINAR: PLI’s Patent Bar Review LOCATION: PLI New York Center, www.pli.edu York State Continuing Legal Education Board, this DATE/TIME: May 16-20, 2007, 8:00 a.m. SPONSOR: Practising Law Institute non-transitional continuing legal education program LOCATION: PLI New York Center CONTACT: Customer Relations, (800) 260-4PLI, is NOT approved for the newly admitted attorney SPONSOR: Practising Law Institute www.pli.edu within the first two years of admission to the Bar. It CONTACT: Customer Relations, (800) 260-4PLI, CREDITS: This continuing legal education program has has been approved for experienced attorneys for a www.pli.edu been approved in accordance with the maximum of 13.0 credit hours, of which 1.0 credit CREDITS: In accordance with the requirements of the requirements of the New York State Continuing hour can be applied toward the ethics requirement New York State Continuing Legal Education Board, this Legal Education Board. and 12.0 credit hours can be applied toward the non-transitional continuing legal education program is professional practice requirement. NOT approved for the newly admitted attorney within the first two years of admission to the Bar. It has been CORPORATE LAW approved for experienced attorneys for a maxImum of SEMINAR: Hedge Funds 2007 DATE/TIME: June 6, 2007, 9:00 a.m. SEMINAR: Corporate Compliance and Ethics Institute 40.5 credit hours, of which 1.0 credit hour can be applied toward the ethics require ment and 39.5 LOCATION: PLI New York Center, www.pli.edu 2007 credit hours can be applied toward the professional SPONSOR: Practising Law Institute DATE/TIME: June 7-8, 2007, 9:00 a.m. practice requirement. CONTACT: Customer Relations, (800) 260-4PLI, LOCATION: PLI New York Center, www.pli.edu www.pli.edu SPONSOR: Practising Law Institute CREDITS: This continuing legal education program has CONTACT: Customer Relations, (800) 260-4PLI, PRACTICAL SKILLS been approved in accordance with the www.pli.edu SEMINAR: Practical Skills: Family Court Practice requirements of the New York State Continuing CREDITS: This continuing legal education program has Legal Education Board. been approved in accordance with the DATE/TIME: April 17, 2007, 9:00 a.m.-4:40 p.m. requirements of the New York State LOCATION: Albany, Buffalo, Long Island, New York City, Continuing Legal Education Board. Rochester, Syracuse and Mt. Kisco SPONSOR: New York State Bar Association (NYSBA) TAX LAW CONTACT: Debra York, CLE Registrar, 1-800-582-2452, SEMINAR: Eleventh Annual New York State and City GENERAL PRACTICE [email protected] Tax Institute CREDITS: 7.0 CLE credits DATE/TIME: March 1, 2007 8:45 a.m.-5:15 p.m. SEMINAR: Women on the Move IV LOCATION: The Princeton Club of New York, New York City DATE/TIME: Thursday, April 26, 2007 1:00 – 5:10 pm SPONSOR: Co-sponsored by the Tax Section and the (Networking Reception will follow 5:10 – 7:00pm) SEMINAR: Practical Skills: Basic Elder Law Committee on Continuing Legal Education of LOCATION: The Princeton Club, New York City Practice the New York State Bar Association and the SPONSOR: The New York State Bar Association DATE/TIME: May 2, 2007, 9:00 a.m.-4:30 p.m. New York State Department of Taxation and CONTACT: NYSBA Registrar’s Office – 800-582-2452 LOCATION: Albany, Long Island, New York City, Rochester, Finance CREDITS: 4.5 MCLE credits Syracuse and Mt. Kisco CONTACT: Debra York, CLE Registrar, 1-800-582-2452, SPONSOR: New York State Bar Association (NYSBA) [email protected] INSURANCE LAW CONTACT: Debra York, CLE Registrar, 1-800-582-2452, CREDITS: 7.5 MCLE Credits, includes 1.0 ethics credit [email protected] SEMINAR: Insurance Coverage 2007: Claim Trends CREDITS: 7.0 CLE credits & Litigation SEMINAR: Tax Planning for Domestic & Foreign DATE/TIME: April 30-May 1, 2007, 9:00 a.m. Partnerships, LLCs, Joint Ventures & Other LOCATION: PLI New York Center, www.pli.edu SEMINAR: Practical Skills: Collections and the Strategic Alliances 2007 SPONSOR: Practising Law Institute Enforcement of Money Judgments DATE/TIME: May 31-June 1, 2007, 9:00 a.m. CONTACT: Customer Relations, (800) 260-4PLI, DATE/TIME: June 4, 2007, 9:00 a.m.-4:45 p.m. LOCATION: PLI New York Center www.pli.edu LOCATION: Albany, Long island, New York City, Syracuse SPONSOR: Practising Law Institute CREDITS: This continuing legal education program has and White Plains CONTACT: Customer Relations, (800) 260-4PLI, been approved in accordance with the SPONSOR: New York State Bar Association (NYSBA) www.pli.edu requirements of the New York State Continuing CONTACT: Debra York, CLE Registrar, 1-800-582-2452, CREDITS: This continuing legal education program has Legal Education Board. [email protected] been approved in accordance with the CREDITS: 7.5 CLE credits. requirements of the New York State Continuing Legal Education Board. INTELLECTUAL PROPERTY SEMINAR: The 23rd Annual Joint Patent Practice Seminar SEMINAR: Practical Skills: How to Commence a DATE/TIME: Wednesday, May 9, 2007 Civil Lawsuit TRUSTS AND ESTATES LOCATION: Marriott Marquis, 1535 Broadway, NYC DATE/TIME: May 15, 2007, 9:00 a.m.-4:00 p.m. SEMINAR: Third Annual International Estate Planning SPONSOR: Connecticut, New Jersey, New York and LOCATION: Albany, Buffalo, Long Island, New York City, Institute Philadelphia Intellectual Property Law Rochester, Syracuse and Mt. Kisco DATE/TIME: Thursday, May 3 and Friday, May 4, 2007 Associations SPONSOR: New York State Bar Association (NYSBA) LOCATION: New York’s Hotel Pennsylvania, New York City CONTACT: E-mail us at [email protected] or call CONTACT: Debra York, CLE Registrar, 1-800-582-2452, SPONSOR: New York State Bar Association (NYSBA) and (201) 634-1870; Registration: www.jppcle.org [email protected] the Society of Trust & Estate Practitioners (STEP) CREDITS: New York: 7.0 Professional Practice Credits/1.0 CREDITS: 6.5 CLE credits CONTACT: Debra York, CLE Registrar, 1-800-582-2452, Ethics [email protected] Pennsylvania: 5.5 Professional Practice CREDITS: 11.0 MCLE credits Credits/1.0 Ethics PRIVACY LAW SEMINAR: Eighth Annual Institute on Privacy Law: Evolving Laws & Practices in a Security- LABOR AND EMPLOYMENT Driven World SEMINAR: Employment Law for the General DATE/TIME: June 25-26, 2007, 9:00 a.m. Practitioner and Corporate Counsel: LOCATION: PLI New York Center Current Law and Cutting-Edge Issues SPONSOR: Practising Law Institute DATE/TIME: March 8, 2007, 9:00 a.m.-5:00 p.m. CONTACT: Customer Relations, (800) 260-4PLI, LOCATION: The Princeton Club of New York, New York City www.pli.edu SPONSOR: Cosponsored by the Labor and Employment CREDITS: This continuing legal education program has Law Section and the Committee on Continuing been approved in accordance with the Legal Education of New York State Bar requirements of the New York State Continuing Association Legal Education Board. CONTACT: Debra York, CLE Registrar, 1-800-582-2452, [email protected] CREDITS: 7.5 MCLE credits, includes 1.0 ethics credit SECURITIES LAW

0226 bleed pages 3,24,25,26.indd26 26 2/9/07 4:29:40 PM WOMEN IN THE LAW

(continued from page 23) this is so, but Judge Townsend posits that “it is ascended from the Appellate Division to the Court of a combination of us having some really fabulous Appeals during that time period, but that alone would women, not that other districts don’t, who have not explain such a rapid, 50 percent decline. really worked hard and established themselves. The presiding justice of the Appellate Division, And we have political parties—we have to give Second Department, is a woman—Justice Prudenti— them credit—they’ve realized that women attract as are three of her associate justices (Justices Anita R. women voters.” Judge Townsend pointed out that Florio, Sondra Miller and Gloria Goldstein). But look in the Eighth District region, voting for a woman beyond there, and the ranks of women start to thin judge often transcends party partisan politics. appreciably. At each of the First and Third Depart- “A woman will be able to cross over party lines ments, one woman is on the bench: Justices Angela to vote for a woman.” Having campaigned for of- Mazzarelli and Karen Peters, respectively. And in the fice seven or eight times herself, Judge Townsend Fourth Department, Justices Nancy Smith, Elizabeth observed, “women are very excited to campaign Pine and the newly appointed Erin Peradotto preside. for a woman and to vote for a woman.” The gender disparity in the appellate courts is not Clearly, women hold many important positions in unique to New York state, says Ms. Stender Ramey, New York’s judiciary and often occupy the bench in of the National Association of Women Judges. One signifi cant numbers in some districts. What continues sees it in many states around the country. to lag behind is critical mass consistently throughout Geography too plays a very big role in a woman’s the judiciary in all districts. However, within the inner chances of gaining an elected seat on the Supreme workings of the court system, one can fi nd women in Court. Women currently hold slightly more than a larger numbers if one knows where to look. quarter of all of the Supreme Court elected seats in the Women judges are well represented in the Inte- state. To be sure, that’s more than double the number grated Domestic Violence Court (IDV Court). Women of seats held by women 10 years ago. In courts outside also played key roles in the development of the IDV of New York City, only 11 percent of Supreme Court Court. The court is administered by Judge Judy Har- judges in 2001 were women. Today, that percentage ris Kluger, deputy chief administrative judge, Court

PHOTOGRAPH BY RICK KOPSTEIN has gone up, but largely because the numbers in Nas- Operations and Planning. The IDV Court is part of sau and Suffolk counties have improved. the One Family-One Judge program, a reform set in In the Fourth Judicial District, comprised of 11 motion by Chief Judge Kaye. The IDV courts assign counties with nearly 5 percent of New York’s popula- domestic violence, matrimonial and criminal cases tion (840,000 people), there are no women serving “It’s really important to concerning a single family to one judge in order to in elected seats on the Supreme Court. According to avoid confl icting orders and improve results for fami- the offi ce of Judge Vito Caruso, administrative judge know yourself. Develop lies. The court grew out of pilot programs in New of the Fourth Judicial District, four women sit as act- York criminal courts, explained Judge Kluger. As of ing Supreme Court judges there. In the Fifth Judicial January 2007, “there will be 37 courts, with 24 men District, which includes Syracuse and Utica, two of an area of expertise. and 17 women presiding,” said Judge Kluger. Asked the 17 elected Supreme Court justices are women: about the signifi cance of women on the bench, she Bernadette Romano and Deborah Karalunas. In the Have mentors in life.” responded: “I feel the bench should look like the Sixth Judicial District, including well-known towns —Justice A. Gail Prudenti community.” like Binghamton, Oneonta, Elmira and Cortland, Jus- IDV judges are given intensive training and tice Judith O’Shea is the administrative judge for the bear complex responsibility. The ratio of women district. She used to be the lone woman on the Supreme Court in her district—elected to men presiding on IDV Courts is far closer to 50/50 parity than the proportion or appointed—until Elizabeth Garry was elected last fall. of women in the judiciary generally in New York state. The Third Judicial District The Eighth Judicial District is an exception to this pattern. Headed up by Ad- (which includes Albany County), is a striking illustration. Justice Leslie Stein is ministrative Judge Sharon H. Townsend, the district includes Buffalo and Niagara, in charge of the Rensselaer County IDV Court in that district. She is one of only and is the second largest district outside of New York City. Unlike other upstate two women who sit on the Supreme Court in her county; the remaining 12 elected districts that have a paucity of women, 10 of the 26 elected Supreme Court seats justices are men. And in the Fourth District, where no women hold elected seats are held by women. In addition, Judge Townsend noted, “a significant number of on the Supreme Court, Judge Barbara Potter, elected to the Family Court, presides our family, county and city court judges are women.” It’s hard to say exactly why over the IDV Court.

Moments in History

1925–Ruth 1939–At 31 1940–Birdie Amsterdam First 1949–At the Whitehead years old, woman elected to the Municipal age of 26, Whaley First Jane Matilda Court of the City of New York. Charlotte black woman Bolin was In 1958, she Smallwood 1937–The admitted to the Association appointed became the was elected bar in New York of the Bar to the Court fi rst woman District Attorney state. of the City of Domestic elected of Wyoming Relations (New to the County, 1935–New York of New York York City Family New York becoming the Women’s Bar (now known as Court) and became the fi rst black Supreme fi rst woman Association New York City Bar woman judge in the United States. Court. district attorney was founded. Association) founded in 1870, She died in January at the age of 98. in New York. opened its doors to women.

PHOTOGRAPHS BY UNDERWOOD & UNDEROOD/CORBIS (NYC BAR ASSOCIATION); BETTMANN/CORBIS (AMSTERDAM) New York Law Journal Magazine February 2007 27

0226Mag_Judge22-29.indd 27 2/9/07 3:39:59 PM WOMEN IN THE LAW

Elected Versus Appointed Chief Judge Kaye is awaiting the fi nal report of Complicating matters is the open-ended question the Feerick Commission. “I appointed that commis- of how men and women will gain access to the sion long before [Lopez Torres] to show us ways to bench in the future in New York. The state stands make the present system better. But if you look at at a crucial precipice now because of the recent recent people arriving on the bench, the number decision in Lopez Torres v. New York State Board of women and minorities being appointed versus of Elections. The decision by the U.S. Court of Ap- the number of women and minorities being elect- peals for the Second Circuit upheld the highly ed, they currently are doing better in the elected controversial decision made earlier in the year system than in the appointed system, ironically. I by Eastern District Judge John Gleeson. Lopez would fi nd it very diffi cult to choose one system Torres invalidated as unconstitutional New York’s over the other for women.” unique judicial nominating convention system. Indeed, the appointed systems can have hid- Judge Gleeson had ruled that the system violated den pitfalls for minorities and women because ap- the rights of voters and the rights of candidates pointments require fi nal approval by governors. who lack the backing of party leaders. Governors, after all, are politicians. If the governor But the jury is still out on whether women of a state has a particular political mind-set and fare better in states where judges are elected or a candidate has run afoul of that viewpoint or if where they are appointed through a merit-based he is simply disinclined to appoint women, it may evaluation system. Conventional wisdom has usu- be tough to be appointed, regardless of the merit ally leaned toward women having an advantage in system. Ms. Stender Ramey pointed to the record merit-based systems. “Most people do better in of Governor Frank Murkowski of Alaska as a cau- appointed systems because it takes so much money tionary tale. He appointed 20 men to the bench and to run for offi ce,” said Ms. Stender Ramey, of the one woman. Many of the men were appointed the National Association of Women Judges. “Appointed fi rst time their name came up in the queue. Judge systems tend to level the playing fi eld.” Margaret Murphy made the grade her third time Justice L. Priscilla Hall of Supreme Court, Kings up at bat.3 County, has held both appointed and elected po- While Alaska may seem an extreme example,

sitions. She was appointed to Criminal Court in those who have watched the course of appoint- PHOTOGRAPHS BY RICK KOPSTEIN New York City by Mayor Koch and to the Court of ments to New York courts might not be very sur- Claims by Governor Mario Cuomo. “Women are be- “It is essential to maintain prised by it. “Pataki primarily appoints Republican ing elected much more easily than they used to be,” men from upstate. That means he appoints primar- said Justice Hall, who generally sees advantages for your integrity and your ily white men,” said Dennis Hawkins, executive di- women in the electoral process. rector of the Fund for Modern Courts, a non-parti- Justice Prudenti said she has “been elected reputation from day one.” san organization that has sparred with the Pataki three times” and has also “been through the quali- —Justice L. Priscilla Hall administration over the years seeking reform in the fi cation system, the screening process,” and there- selection of New York’s judiciary. At the moment, fore “sees value in New York’s hybrid system.” Re- the judicial seats that are subject to gubernatorial fl ecting on the latter process, she said she has grown to appreciate its importance, appointment in New York are the Court of Appeals, the Court of Claims and the Ap- and has a deep respect for the thoroughness and seriousness of purpose with which pellate Division. As noted above, women have not fi lled seats in great numbers on the the committees approach the screening process in New York, which she agreed is like Appellate Division. And according to the Women in the Courts 2002 survey, women an FBI background check. are underrepresented on the Court of Claims. Chief Judge Kaye said that over the years she has become much more equivocal And a governor can go out of his way to appoint whom he wants, where he wants. about the perfect system. “After all of my years in the court system and in life, I have to Consider this: Governor Pataki, before departing from offi ce in December 2006, tell you I see advantages and disadvantages in both systems, for women in particular appointed E. Michael Kavanagh of Ulster County to serve on the First Department, and for minorities,” said Chief Judge Kaye. “I don’t know the perfect system.” Appellate Division. Even though Mr. Kavanagh is not a native of New York City, he

Moments in History

1966–Constance Baker Motley 1977–Ann T. Mikoll of Buffalo 1979–Amalya 1981–Elizabeth Holtzman was Appointed to the U.S. District Court became the fi rst woman Lyle Kearse elected Kings County District for the Southern District, becoming outside of New York City to be Appointed to Attorney, becoming the the fi rst black woman appointed as elected to the Supreme Court the U.S. Court of fi rst woman elected a federal judge in New York. and the fi rst woman judge Appeals for the district attorney in to be appointed to the Third Second Circuit, New York City. In Department. M. Dolores becoming the fi rst 1990, she became the Denman was appointed to woman and the second fi rst woman elected the Appellate Division, Fourth black judge on the federal Comptroller of New Department, becoming the appeals court in Manhattan. York City. fi rst woman to be appointed there. In 1991, Justice Denman 1983–Judith S. Kaye became 1980–Women’s Bar became the fi rst woman to be the fi rst woman appointed to the Court of Association of the State of appointed presiding justice of Appeals; she became its fi rst female chief New York was founded. the Fourth Department. judge in 1993.

PHOTOGRAPHS BY BETTMANN/CORBIS (MOTLEY); RICK KOPSTEIN (KEARSE); BETTMANN/CORBIS (HOLTZMAN); RICK KOPSTEIN (SOTOMAYOR, SPIVACK) 28 February 2007 New York Law Journal Magazine

0226Mag_Judge22-29.indd 28 2/9/07 3:40:09 PM would fi t right in at the First Department, since Mr. that niche in the law, whether it is writing, or try- Pataki had previously appointed judges to that ing cases or some other area. In order to become court from other counties outside of the First De- a judge, you must “know your strengths and weak- partment, including Oneida, Albany and Putnam. nesses,” said Justice Prudenti, not only for your These appointments were men. As a recent New own personal growth, but also so that others see York Law Journal article pointed out, Mr. Pataki’s you excel. judicial appointments tended overwhelmingly Justice Hall emphasized, “It is essential to to be white males. (See also “Pataki Imports 75 maintain your integrity and your reputation Percent of First Department Picks,” NYLJ, Feb. 28, from day one. All those people you have cases 2006.) Overall, women fared better in judicial elec- with, your adversaries: How did you treat them?” tions as an avenue to the bench during Mr. Pataki’s Justice Hall pointed out that these are the very tenure in Albany. same people that “the commission will go back But the governor is not the only person who to” during the investigation to determine if you appoints judges in the State of New York. Away are fi t for the bench. from the hothouse of Albany partisan politics, “Be involved,” said Justice Prudenti. “In the bar women fill other appointed judicial seats in association, in the chamber of commerce, dare I substantial numbers. In New York City, Criminal say—in your local political party—so the people Court judges are appointed by the Mayor of New know you and respect you.” The reason is not sim- York through his Advisory Committee on the Ju- ply one of networking, but rather one of reputation diciary. “In the City, the Mayor appoints Family, building. It is important, according to Justice Pru- Criminal and some Civil and Interim Civil Court denti, to build one’s reputation before one ascends judges,” Justice Joseph M. Luria, presiding judge to the bench. Being known in the community and of the New York City Family Court, stated in an building a good reputation before going on the e-mail interview. In addition, justices are desig- bench is like having credit at the bank. “People look nated to the Appellate Term by Chief Adminis- at you differently,” and will respect the decisions trative Judge Jonathan Lippman; they must be you make on the bench, she explained. selected from the Supreme Court. It’s interesting Judge Townsend said, “Get involved politically to note that while women may lag behind men and work on judicial campaigns. Be exposed to peo- when it comes to elected seats on the Supreme ple from both parties.” And some advice is universal Court, they fill appointed seats on the Supreme “A woman will be able to and disarmingly basic. Noted Justice Hall: “You’ll Court in great numbers. “That’s because we ap- have to sign a waiver for the committee to obtain point them,” said Chief Judge Kaye, referring to cross over party lines to vote your tax records. So pay your taxes—on time!” • herself and Judge Lippman. For example, Civil Court judges can be assigned as acting Supreme for a woman.” 1. See National Center for State Courts, “Judicial Section and Retention Membership on State Courts Court justices (in either the Civil or Criminal —Justice Sharon H. Townsend of Last Resort, by Sex,” by Walt Latham, March 21, divisions). However, that taste of glory may be 2004, last updated by NCSC librarian specialist Joan fleeting; Supreme Court justices sitting in non- Cochet as of September 2006. Available at http:// elected seats are not eligible for appointment to the Appellate Division. www.ncsconline.org/WCDS/Pubs/pubs1.asp?search_value+121. 2. See generally “Women in the Courts: A Work in Progress, 15 Years After the Report of Establishing Yourself the New York Task Force on Women in the Courts.” New York State Judicial Committee No matter what reforms come as a result of Lopez Torres, the key thing on the path to on Women in the Courts. April 2002. 3. See Web site of the Alaska Judicial Council at http://www.ajc.state.ak.us/Selection/ becoming a judge, said Justice Prudenti, is to keep in mind that “it’s really important apptlog9.htm. to know yourself. Develop an area of expertise. Have mentors in life.” Justice Prudenti observed that many younger lawyers make the mistake of trying to be all things to Carla T. Main writes often on law and society. She is a former editor of the National Law Journal, an afﬁ liate of the all people, instead of discovering what they are really good at and then excelling at New York Law Journal Magazine.

1985–Betty 1988–Dorothy Chin 1992–Sonia Sotomayor First 2004–Edith I. Spivack retired from the New Weinberg Ellerin Brandt First Asian- Hispanic woman York City Law Department. She joined the First woman American woman to serve appointed to department in 1934 and continued there for appointed as justice as judge in New York U.S. District more than 70 years, serving under 10 mayors of the Appellate state; she was elected to Court for the and 23 corporation counsels. At age 85, she Division, First Civil Court of New York. Southern stepped down from her position as executive Department; in 1999 In 1939, her grandmother, District of assistant corporation counsel, but continued she became the fi rst Gun Lou Chin, became the New York. coming to the offi ce, mentoring young attorneys. She completed her woman to serve as fi rst Chinese-American to service at the department at the age of 94, and died at age 95. presiding justice of serve on a jury in Queens, that court. New York. Susan L. Harper is a securities litigation attorney with Baritz & Colman and a freelance reporter with the New York Law Journal.

Sources: Julie Gick, Principal Law Librarian, New York Supreme Court Civil Term, Legal Firsts: Women and Minorities Parts I and II (unpublished compilations on fi le with New York Supreme Court Civil Term Library); Historical Society of the Courts of the State of New York, “Appellate Division, Fourth Department, 100th Anniversary,” online booklet, “Appellate Division, Third Department, 100th Anniversary,” online booklet; “Appellate Division, Second Department, 100th Anniversary,” online booklet; “Appellate Division, First Department, 100th Anniversary,” online booklet; “The Invisible Bar, The Woman Lawyer in America: 1638 to the Present,” by Karen Berger Morello (1986 Random House, Inc.); “Raising the Bar: Pioneering Women Lawyers in the New York State Attorney General’s Offi ce,” March 14, 2005, New York State Offi ce of the Attorney General; New York University School of Law; Columbia Law School; American Bar Association; Fordham Law School; University of Michigan Law School; Wellesley College; Hughes Hubbard & Reed; New York Courts Online; U.S. Courts online; National Association of Women Lawyers; New York County Lawyers’ Association; New York City Bar Association; New York State Bar Association. Ted Pollack, senior law librarian, New York Supreme Court—Criminal Term, New York County Public Access Law Library provided research guidance.

New York Law Journal Magazine February 2007 29

0226Mag_Judge22-29.indd 29 2/5/07 1:44:42 PM WOMEN IN THE LAW

Becoming Your Own Advocate Three in-house attorneys deﬁ ne their strategies for success.

BY BETH BAR

fter just four years in the “Isolation” and “invisibility” are two legal department at Metro- words often used by women of color to politan Life Insurance’s legal describe their experience in the legal pro- department, Taa R. Grays fession. But the attorneys interviewed for holds an offi cer-level posi- this article, along with many of their peers, tion,A and she says she believes her work are not waiting for the system to change or and leadership at bar associations helped for opportunities to be handed to them. get her there. Joycelyn McGeachy Kuls, They have decided that if they are going who has been in-house at Merrill Lynch to stay true to their ambitions, they have for 10 years, did not let a lack of formal to make it happen themselves. mentoring stand in her way; she formed “I had to fi gure out a way to succeed, her own network of advisers over time. fl ourish and take charge in an environ- And as senior employment counsel in ment I couldn’t change,” said Ms. Mc- MTV Networks’ business and legal affairs Geachy Kuls. department, Fania Washington found that “You have to be your own advocate,” while large law fi rm life wasn’t for her, she said Katherine Frink-Hamlett, Diversity learned terrifi c skills as an associate that in Action columnist for the New York Law translated easily to her work in-house. Journal Magazine and president of Frink- As women of color, these attorneys Hamlett Legal Solutions. “You have to overcame professional obstacles and reach out to people who are at the point challenges and are now leaders inside professionally where you want to be and and outside of their companies. They all you have to ask them ‘how did you get agree that part of their success is due to there?’ This is a thinking and a planning the development of very individual career process.” strategies. As an extraordinary example of cre- “Your career is your own,” said Ms. ating opportunities, Laurie N. Robinson Grays, a 1997 graduate of Georgetown founded an organization that brings to- Taa Grays University Law Center. “It is on your own gether women of color who work in-house. to steer.” As chief operating offi cer of Corporate

30 February 2007 New York Law Journal Magazine

0226Mag_Inhouse.indd 30 2/5/07 12:21:38 PM Getting access to the legal market takes one simple tool.

Counsel Women of Color, Ms. Robinson she said. “Many make the move because developed talents that worked to her they want to reduce the pressures of advantage as in-house counsel at CBS practicing law. They want to start a Broadcasting. Ms. Robinson said her em- family, or spend more time with their ployer has recognized her leadership families. They are not looking to take abilities and created a new position. In on extracurricular activities.” addition to serving as an assistant gen- Ms. Grays said that “20 or 30 years eral counsel in the company’s labor and from now” she could envision becoming employment division, Ms. Robinson is a judge or seeking out a leadership posi- now the director of training and develop- tion beyond that of the in-house sphere. ment at CBS. (See sidebar.) To that end, she said, she will remain an active bar leader. Power of Networking Ms. Grays, 34, began her career at the Developing Allies Bronx County district attorney’s offi ce, Like Ms. Grays, Ms. McGeachy Kuls, 41, investigating organized crime and public began her legal career at the Bronx dis- corruption. trict attorney’s offi ce after graduating At about the fi ve-year mark she knew from Howard University School of Law she wanted to continue developing as a in 1992. litigator but not in the criminal arena. She applied for the position in Mer- She interviewed at MetLife for a position rill Lynch’s securities law department in securities litigation, despite the fact in 1996, knowing the company was look- she had little previous experience in the ing for an attorney with strong litigation fi eld. “I emphasized my managerial and experience. She successfully marketed litigation skills, and my ability to ‘put herself as an attorney with that back- together cases,’” she said. ground. Ms. Grays’ transition to in-house was “I told them ‘I know how to try a case, a smooth one, in part because the attor- think on my feet and interview witness- ney who eventually became her manager es,’” Ms. McGeachy Kuls said. had also been a prosecutor. As a result of She said the transition from the dis- their similar backgrounds, she said, her trict attorney’s offi ce to in-house life was manager knew how she thought about a challenging one largely because of a a case. lack of mentoring opportunities. ALM is the world's leading “We spoke the same language,” Ms. “Going from the courthouse in the communications company focused Grays said. South Bronx to offi ces in the World Fi- on the practice and business of law. It is home As she progressed through Met- nancial Center was like walking through to the premier media brands within the $200 billion U.S. legal market Life—she was promoted this year to the looking glass,” said Ms. McGeachy — including The American Lawyer, Corporate Counsel, The National an offi cer-level position within the legal Kuls, who is now in Merrill Lynch’s em- Law Journal, LegalTech and Law.com. department —Ms. Grays became active ployment law department. “My profes- in local, state and national bar associa- sional world changed completely. I had ALM publications, events and online properties address the tions, becoming a regional director for to learn how to be a lawyer in a different ongoing information needs of today's legal professionals. Because the National Bar Association, and co- context, but I didn’t have many examples these needs are so expansive, ALM products cover a vast range — from chair of the Women’s Bar Association around me to follow.” legal and business news to governmental compliance to competitive of the State of New York’s equal oppor- At times, Ms. McGeachy Kuls said, intelligence to lifestyles. tunity committee. She was elected presi- she felt isolated and invisible, but never dent of the Association of Black Women thought of leaving her job. Our offerings are so relevant and imperative to the lives and practices Attorneys in 2000. “I knew I would fi nd the same or simi- of lawyers that one out of every two uses an ALM product. In total, ALM “The networking I did [as president] lar challenges at the next place I went,” reaches nearly 1 million legal and business professionals annually. We has been invaluable,” said Ms. Grays, she said. “If I decided to leave, I wanted are the cross-media resource to reach the legal community. whose aunt, New York State Supreme it to be my decision. I wanted to leave Formerly known as American Lawyer Media. ALM. Where business Court Justice Marguerite Grays, intro- on my own terms.” thrives and legal matters. duced her to the organization. “As a re- It was at this point that Ms. Mc- sult, I am a known quantity. People who Geachy Kuls took steps that opened are in the bar associations, people I net- doors for her. For one, she said she network with, understand where I work and worked with other men and women of what I do. It only helps my company.” color through organizations like Corpo- Ms. Grays acknowledged that in- rate Counsel Women of Color and the Mi- house female attorneys, whatever their nority Corporate Counsel Association. www.alm.com | 800-888-8300 race, do not often seek out bar leader- She also found it helpful to speak ship positions. with attorneys in other areas of the law, “A lot of it is where women are pro- and found the wisdom and encourage-

PHOTOGRAPH BY RICK KOPSTEIN fessionally when they do go in-house,” ment she was looking for. “You might not

New York Law Journal Magazine February 2007 31

0226Mag_Inhouse30-33.indd 31 2/6/07 11:47:16 AM WOMEN IN THE LAW

Joycelyn McGeachy Kuls MTV Networks, is a graduate of the Uni- versity of Virginia School of Law. Prior to be fortunate enough to fi nd a ‘mentor’ to working at MTV, she spent seven years help you navigate your career path,” she as an associate in the New York offi ce of said. “Keep your ears open and take good a large law fi rm. While at the fi rm, she de- advice from every source.” veloped experience in a variety of areas, Today, Ms. McGeachy Kuls is upbeat including commercial litigation, arbitra- about her job and her career. “I like and tion and collective bargaining. She also respect the people I work with and believe represented companies that were being I am making a positive contribution to the audited for not complying with federal affi rm’s business objective,” she said. fi rmative action laws. Her advice to other women of color: “I worked with varied clients, from develop allies within your organization. union and government clients to major “You need someone to identify with Fortune 100 companies,” Ms. Washing- and who can understand the shorthand of ton, 34, said. “I worked on matters that the stresses you might be under,” Ms. Mc- involved discrimination, harassment, Geachy Kuls said. “Someone you can go to disability discrimination, and general for advice, encouragement and support.” advice and counsel, [and] handled mat- She offered a word of advice to those ters in state and federal court and before developing a career advancement strat- administrative bodies like the Equal Em- egy: “Try to attend one networking event ployment Opportunity Commission and each month.” arbitrators.” Eventually, however, as she gained Law Firm Route Ms. Washington, who was recently promoted to Vice Presi-

PHOTOGRAPH BY NORBERT KULS PHOTOGRAPH BY NORBERT dent, Employment Counsel, at

founder and CEO Laurie N. Robinson, who conceived of and breathed life into the Feeling not-for-profi t organization in 2004. “People connected At Home with [what I am doing] Organization strikes a chord with because they realized they were not alone and in-house counsel women of color. because they had renewed hope discovering and omething was in the air at the Hilton New York when more than 500 knowing that there were women gathered, some from as far away as Europe, to attend Corporate other smart, educated and Counsel Women of Color’s annual conference in October. talented diverse women They were drawn, of course, to speakers from high-ranking posts at out there like them,” Ms. SUPS, the BET Network and Scripps Network, and panel discussions on salary Robinson, 34, said. and benefi ts negotiation, developing strategies for advancing through the ranks Laurie N. Robinson of the in-house legal department and other topics. But the event was also a Forming unique opportunity for women of color to make connections they do not fi nd so Connections easily on a day-to-day basis. A 1998 graduate of Indiana University School of Law-Bloomington, Ms. “You look around, and see that a woman who, for example, has natural hair Robinson is assistant general counsel at CBS Broadcasting, in its labor and is succeeding in corporate America,” said Joycelyn McGeachy Kuls, a director employment division. After she started CCWC, she became director of training and senior counsel in Merrill Lynch’s employment law group, who attended the and development at CBS. conference. “It may be superfi cial, but it is also important. There is always this Ms. Robinson’s own career path sparked the vision that eventually became question ‘how much of myself can I be and still be successful?’ When you see Corporate Counsel Women of Color. She began as an associate at Epstein that [a wide variety of women] are succeeding, it is empowering.” Becker & Green and later Seyfarth Shaw. Her experiences were positive, she Ms. McGeachy Kuls is not alone. Only in its third year, Corporate Counsel said, but she yearned for more exposure to partners of color. Many New York Women of Color (CCWC) has struck a chord with attorneys all over the country, City law fi rms, she said, “didn’t foster mentoring relationships.” and boasts 1,700 members. Ms. Robinson joined the National Bar Association and Minority Corporate The energy at the conference refl ects the driven, outgoing personality of its Counsel Association. But she also reached out beyond formal groups. Ms. PHOTOGRAPH BY RICK KOPSTEIN

32 February 2007 New York Law Journal Magazine

0226Mag_Inhouse.indd 32 2/5/07 12:21:45 PM seniority, the assignments narrowed and Fania Washington Ms. Washington said she was not getting the variety of work she wanted. position at MTV. In interviewing for that “My skills weren’t growing. I wasn’t job, Ms. Washington said she stressed the being challenged,” she said. diversity of skills and knowledge that she She also said the daily stresses of fi ght- gained while working in the law fi rm. ing for the best assignments from partners Ms. Washington said her experience at and overcoming presumptions because MTV has been “overwhelmingly positive.” she was a woman of color grew draining. “The breadth of experience and com- “As a woman of color, I had to try twice plexity of the work has been wonderful,” as hard to get the best assignments,” Ms. she said. “It’s exciting and the issues and Washington said. “That doesn’t mean I matters are challenging, requiring all the didn’t get the assignments, but there was skills I have and [allowing me] to learn this feeling like I had to justify to others that I new ones.” was just as qualifi ed as the next person.” She said her co-workers at MTV are According to a report released last helpful and supportive. year by the American Bar Association’s “Release from the stress of billable Commission on Women in the Profession, hours allows us to really talk with one entitled “Visible Invisibility: Women of another about the matters that we are Color in Law Firms,” Ms. Washington is working on,” Ms. Washington said. “Most not alone. The report cites the possibility importantly, for the most part, my ability that women of color may face “exclusion to do my job has been presumed from day from informal networks, inadequate insti- one. It is not something that I must prove tutional support, and challenges to their on a daily basis.” • authority and credibility.” Ms. Washington made the leap in- Beth Bar is a staff reporter for the New York Law

PHOTOGRAPH BY RICK KOPSTEIN house after a head hunter told her of a Journal.

Robinson made cold calls to partners of color at other law fi rms, including ‘Afﬁ rming and Uplifting’ Conrad Harper of Simpson Thacher & Bartlett. Additionally, she was referred During one presentation at the October conference, entitled “Negotiate Your to Willie E. Dennis, a partner at Kirkpatrick & Lockhart Nicholson Graham and Worth,” the women were asked to ponder a famous quote by noted suffragette to Pamela Jones Harbour, a former partner at Kaye Scholer who is presently a Sojourner Truth in an 1867 speech at the First Annual Meeting of the American commissioner at the Federal Trade Commission. Through those connections, Equal Rights Association. she developed further contacts. “We [women] do as much, we eat as much, we want as much….What we For Ms. Robinson, who grew up in Ft. Washington, Md., networking was a want is a little money.” natural part of her childhood. In the early 1970s she lived in a predominantly “How far have we come?,” Rhonda Joy McLean, an associate general white community, but her father, a lawyer who also practiced labor law, made a counsel at Time Warner Inc., asked attendees. concerted effort to connect with the families of color in the neighborhood. Katherine C. Lee, an attorney at Verizon Wireless, later urged participants “With his detective work, we knew all the black doctors, lawyers and other to “make it rain in corporate America day in and day out,” but to maximize your professionals of color in our community,” she said. “He was a connector. When salary and benefi ts, you must do so strategically. we went to the gas station he would meet new people and pass out his card. If we “You have to protect your reputation,” added Ms. Lee, a senior counsel at went grocery shopping, he would do the same thing. He was always networking.” the company. “Think of yourself as a brand name. Figure out a marketing plan to Ms. Robinson’s own formidable networking skills eventually landed her a ensure that people know your value.” position as an assistant general counsel at CBS Broadcasting in 2002. She was Ms. McGeachy Kuls described the organization’s events as uplifting and happy with the move, but still saw a need to seek out colleagues in the fi eld. affi rming. She said that being in a room with so many different and successful “There was a void with respect to people of color being able to connect women of color is an extremely powerful experience. because we were tucked in our individual organizations,” Ms. Robinson said. Another lawyer who attended, Fania Washington, noted the Ms. Robinson took her networking efforts to the next level. She compiled conference’s long-lasting effects. “It is an opportunity for fellowship and a directory of women of color who worked for corporations, published their mentorship and an opportunity for learning,” said Ms. Washington, a senior names and contact information, and distributed the complimentary directory to counsel at MTV. “You get solid, real-world advice that you are able to take about 200 people. away and apply.” Within months, Ms. Robinson transformed the directory into a not-for- Conference participants also took time for shopping, live performances and profi t organization that became Corporate Counsel Women of Color. Now, the an outing to Broadway’s “A Color Purple,” followed by a chance to meet with its organization has members from all over the United States and abroad, including cast members. from Tokyo, Switzerland and Africa. Next month CCWC will host programs for law students and new attorneys Ms. Robinson has recently been recognized by the Minority Corporate at Howard University School of Law and in Manhattan. The group’s third annual Counsel Association as among the Diversity & the Bar’s 2007 Top Up-And- conference is scheduled for Oct. 3-5. The organization’s Web site address is Coming Young Black Lawyers. http://www.ccwomenofcolor.org/. —Beth Bar

New York Law Journal Magazine February 2007 33

0226Mag_Inhouse.indd 33 2/5/07 12:21:53 PM DIRECTORY OF METRO RECRUITERS

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34 Month 2006 New York Law Journal Magazine

0226 directories 34-37.indd 34 2/6/07 9:50:43 AM DIRECTORY OF METRO RECRUITERS

Date founded: 1991 Recruiters placing attorneys: 4 KLEIN LANDAU ROMM Geographic areas covered: US, Europe and & SCHWARTZ HANK-KROSS LTD Asia KLR handles permanent placements. 75% Placement specialties: In-house into 1001 Avenue of the Americas, of business is from placing individual part- 500 Fifth Ave., Suite 1130 financial institutions, entertainment 11th Floor New York, ners and associates in law firms; 15% is New York, NY 10110 companies and manufacturing companies from mergers of law firms and acquisitions as well as associates, counsels NY 10018 Phone: (212) 382-0505 and transfers of practice groups; and 10% is and partners in law firms http://www.klrs.com from placing in-house counsel. Provides Fax: (212) 382-0987 2006 placements: 50% in-house, 50% law Phone: (212) 512-0523 legal recruiting and consulting services to a E-mail: [email protected] firms national clientele of law firms and Mergers: none Fax (212) 512-0524 companies. Recruits for all substantive Website: www.hankkross.com Fees: negotiated Contact: Judith Kross E-mail: [email protected] practice areas. For more information Notes: Our recruiters bring a deep visit: www.klrs.com understanding of the markets and a Principals: personal supportive attitude to career transition and placement Arthur Schwartz

HIRECOUNSEL HIRECounsel is dedicated to providing our clients 575 Madison Ave., Suite 3000 with the finest temporary, temp-to-perm and perma- KLEIN LANDAU & New York, NY 10022 nent associates, paralegals, litigation support, coders KLR handles permanent and temporary 1-800-371-6020 ROMM Phone: (646) 356-0550 and data entry personnel available. We keep this placements in all substantive practice areas. Fax: (646) 356-0565 promise by offering our candidates an industry-lead- 1725 K Street, NW Suite 602 65% of business is from placing individual www.hirecounsel.com ing benefits package and by hiring smart, experienced Washington, D.C. 20006 USA partners and associates in law firms; 25% is COO & National Managing Director: staff, all of whom are attorneys and paralegals them- from placing in-house counsel; and 10% is Willa R. Fawer, Esq. (646) 356-0550 selves committed to responsive, active service. http://www.klrs.com from mergers of law firms and acquisitions Offices: HIRECounsel is a certified member of the Women’s Atlanta: Janelle Richards (404) 942-3450 Business Enterprise National Counsel (WBENC), Phone: (202) 728-0100 and transfer of practice groups. KLR pro- Chicago: Eric Arnold (312) 624-7668 which certifies that a company is woman owned and vides legal recruiting and consulting services Hartford: Amy Doering (860) 249-7020 Fax (202) 728-0112 to a national clientele of law firms and com- Houston: Nicole Davis (713) 651-0893 over 600 major corporations and government agencies Los Angeles: Brian Hartstein (213) 223-2031 recognize us to fulfill diversity mandates. In addition, E-mail: [email protected] panies. Each of the three principals of the New York: Zelda Owens (646) 356-0529 we offer the most complete and comprehensive legal company is a licensed attorney with five or Philadelphia: Denise Asnes (215) 246-3451 staffing solutions in the industry. With one call, you Principals: Gary E. Klein, Esq. more years of law practice experience and 20 Pittsburgh: Denise Asnes (412) 255-3719 can set in motion a powerful combination of top legal David P. Landau, Esq. or more years of legal recruiting experience. San Francisco: Brian Hartstein (415) 568-2144 personnel, technology support and space management For more information visit: www.klrs.com Stamford: Amy Doering (203) 564-1980 immediately, anywhere in the country. Barry M. Romm, Esq. Washington, D.C.: Thomas Soha www.hirecounsel.com (202) 349-3870

- KLEIN WINDMILLER, LLC Klein Windmiller, LLC was established in 1998 as JURIS PLACEMENTS, INC an alternative to the mainstream approach to legal 230 Park Ave., 10th Floor recruiting. Juris Placements is a national search firm that spe- As former practicing attorneys, we utilize a strate- 600 Germantown Pike, Suite F cializes in the recruitment and placement of lateral New York, NY 10169 Lafayette Hill, PA 19444 gic and highly personalized methodology through- DC: (202) 558-6303 associates, partners and counsel primarily in the New Phone: (212) 808-3038 York City to Washington, DC metro areas. out each stage of the search process. We are able to NYC: (646) 519-7481 Fax: (212) 808-4082 achieve optimal results by understanding PHL: (610) 825-7751 the short term and long term objectives of our Fax: (215) 689-1442 Our client base has grown to over 350 firms and E-mail: [email protected] clients and candidates. employers - including many of the fastest growing Website: www.kwrecruit.com www.jurisplacements.com global as well as national and boutique firms. We Klein Windmiller, LLC has five full time recruiters Principal: Mitchell Satalof – CEO/IP assist groups as well as individuals seeking change. Principal Contacts: who work in teams to offer the full benefit of their [email protected] expertise and perspective. We place associates and Recruiters Steven Becker – DC/VA Nancy Klein, Esq. partners with international, national and local (202) 558-6303 While we work in all practice areas, founder and CEO, Mitch Satalof focuses almost entirely on intellectual Marlene Windmiller, Esq. law firms, financial institutions and a variety of [email protected] corporations in every substantive practice area. Irv Seldin, Esq. – NY/N.NJ property, where he is considered one of the more Amy Banet, Esq. (646) 290-5757 knowledgeable recruiters in the field. We also offer career counseling, resume and [email protected] Bonnie Miller interview preparation services. Donna S. Kramer, Esq. www.kwrecruit.com

LAWSON LEGAL In-House • Mergers • Partners KENDALL-PARKER Kendall Parker recruiters have been active RECRUITERS Associates • Practice Groups ASSOCIATES LLC in legal search and placement for almost 51 JFK Parkway, Lawson Legal Recruiters is a national 1120 Ave. of the Americas, 4th Floor twenty-five years and are exclusively New York, New York 10036 First Floor West legal recruiting firm specializing in Phone (212) 626-6824 engaged in permanent placement. Searches Short Hills, NJ 07078 permanent attorney placements at both Fax (212) 626-6819 are conducted on both a retained or www.lawsonlegal.com Contact: law firms and in-house. Our recruiters John H. Parker, Esq., President contingent basis. Kendall Parker is client 212-626-6821 Principals: are attorneys, who draw their experience driven and its search activities cover a broad Hazel S. Kandall, Chairwoman Gayle Moran, Esq. from decades of practicing at the most 212-626-6823 range of practice areas depending upon [email protected] Richard D. Kirschner, Esq., Senior Vice- prestigious law firms, corporations, and President client growth and needs. Kendall Parker Phone: (973) 763-3065 212-626-6825 government agencies in the world. We also conducts national and international Fax: (973) 763-3064 Thomas M. Jaburek, Vice-President provide our candidates with hands-on, 212-626-6826 searches. Consulting services are offered to Richard Davis, Esq. Jane Piesman, Esq., Vice-President personal and responsive service, and 212 626-6828 clients regarding growth, reorganization, [email protected] handle each resume with the utmost Carla L. Edwards, Asst. Vice-President attorney retention and compensation structure. Phone: (908) 903-0003 212-626-6824 Fax: (908) 903-0043 confidentiality and integrity.

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New York Law Journal Magazine Month 2006 35

0226 directories 34-37.indd 35 2/6/07 9:50:44 AM DIRECTORY OF METRO RECRUITERS

THE PETERSAN LEGAL SUPPORT Legal Support Personnel (LSP) has provided Founded in 1994 by Sandrea Friedman, Peter GROUP, INC. PERSONNEL high-quality legal staffing for New York law Goldfeder and Peter Gosule, three legal search con- firms and corporate legal departments since PETERSAN LEGAL TEMPS sultants with over 50 years of combined experience, 20 West 55th St., 2nd Floor 1994. As New York's premier legal place- we specialize in placing attorneys at all levels and in ment agency, we provide temporary parale- 270 Madison Ave., 15th Floor all areas of expertise with financial institutions, con- New York, NY 10019 New York, NY 10016 gals, attorneys, and litigation support staff to sumer product, pharmaceutical, health care, enter- Phone: (212) 695-3999 Phone: (212) 981-4500 the city's most prestigious firms. Our staff tainment and other Fortune 500 companies. We also Fax: (212) 695-9646 Fax: (212) 981-4560 represent leading law firms worldwide. Our state-of- has personal experience in the field as parale- E-mail: [email protected] the-art database enables us to identify the most qual- E-mail: gals, paralegal managers and placement pro- Principal Contacts: ified attorneys for all your legal hiring needs. [email protected] fessionals, so we understand your needs. We Andy Aaron, Carol Crossdale, Esq., Gwen Feder, Esq, Contact: Brenda Pace, President focus on professional and personal client Sandrea Friedman, J.D., M.S.W., Peter Goldfeder, PeterSan Legal Temps, placing temporary service and carefully screen candidates for Peter Gosule, Michael Hutt, Esq., Jane C. Irwin, Esq., attorneys as well as temporary and permanent para- Website: temporary, temp-to-perm and direct hire Daniel S. Lux, Esq., Sarah Marshall, Esq., legals with law firms and corporations worldwide. www.legalsupportpersonnel.com positions as well as document review and Melissa B. Musman, Esq., Lee Presser, Esq., Contact Andy Aaron at [email protected] e-discovery project support. Stephen Rado, Esq., Larissa Straker, Esq., Please visit our website at www.Petersan.com. Nancy Samanich White, Esq., Rachel Yoel, Esq.

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MESTEL & COMPANY, INC. Mestel & Company the leading national 575 Madison Ave., Suite 3000 attorney placement firm is comprised of a Robert Half Legal is North America’s New York, NY 10022 team of experienced professionals whose rep- leading provider of attorneys, paralegals, 1-800-804-8544 and legal support on a project and direct Phone: (646) 356-0500 utation for honesty, integrity, trust, dedica- ROBERT HALF LEGAL Fax: (646) 356-0545 tion and perceptive career judgment spans hire basis. We offer clients the benefits of an www.mestel.com almost two decades. Our services range from Specialized Legal Staffing international network of skilled legal Offices: placing partners, associates and general 245 Park Avenue, 25th Floor professionals whenever and wherever the Boston: Sarah Minifie Esq. (617) 217-2870 New York, NY 10167 Chicago: Adrianne Kalyna Esq. (312) 624-7660 counsel to facilitating complex firm and need arises. Account Executives with Houston: Avery Ellis Esq. (713) 651-0899 department mergers. We have long standing Phone: (212) 557-7878 extensive legal industry experience are Los Angeles: Lyndon Parker Esq. (213) 223 2036 Fax: (212) 973-1030 Miami: Curtis Lando Esq. (305) 913-7529 professional relationships with the largest skilled in identifying and matching client New York: Ty Rugman (646) 356-0500 law firms in the U.S. and Europe to mid-sized E-mail: and candidate needs. Washington, D.C.: Avery Ellis Esq. (202) 349-3882 and small firms, from Fortune 500 compa- [email protected] nies, banks and investment banks, to closely For more information contact us at held businesses. roberthalflegal.com or at 212-557-7878 www.mestel.com ❖ ADVERTISEMENT ❖

36 Month 2006 New York Law Journal Magazine

0226 directories 34-37.indd 36 2/6/07 9:50:45 AM DIRECTORY OF METRO RECRUITERS

Special Counsel is the largest provider of SAGE LEGAL SEARCH LLC legal staffing services to corporate legal Sage Legal Search places attorneys in firms and SAGE\(saj)\adj: proceeding from or SPECIAL COUNSEL, INC. departments and law firms nationwide. corporations nationwide in all practice areas, with characterized by wisdom, prudence 600 Fifth Ave., Suite 1200 Services include customized staffing and special emphasis in patent, trademark, copyright, project management for e-discovery and doc- and calm good judgment New York, NY 10020 litigation and corporate law. All of our recruiters ument review projects of any size and loca- Phone: (212) 218-7155 tion, as well as providing experienced legal Phone: (212) 867-6322 are experienced attorneys who have spent many professionals for general workload manage- Fax: (212) 937-1915 years on both sides of the recruiting process. They Fax: (212) 218-7170 ment, litigation support, and business trans- E-mail: [email protected] pride themselves in providing ethical, insightful E-mail: action support. Specialized services include 708 Third Ave., 6th fl, NY, NY, 10017 and focus search services. [email protected] permanent placement of legal professionals at all levels, deposition digesting, and court Website: www.sagelegalsearch.com Website: www.specialcounsel.com reporting services through Alderson Principal Contacts: SAGE LEGAL SEARCH - Bringing the right Contact: Carine Hodges, Reporting. Robin Cohen, Esq. attorney and the right position together Executive Director Please visit specialcounsel.com and Judy Simon, Esq. aldersonreporting.com

The two principals of Sivin Tobin have an aggregate of 40 years of legal recruiting experience and the Toby Spitz Associates Inc., successor to Corporate SIVIN TOBIN firm’s recruiters include former law firm partners, in- Counsel Search, Inc. founded in 1984, places full- ASSOCIATES, LLC house counsel, a law firm recruiting coordinator and time attorneys in law firms and corporations. We law school placement director. Over the years, they TOBY SPITZ ASSOCIATES also facilitate mergers of law firms and partner The Chanin Building have placed a myriad of lawyers at firms and compa- groups. Four of our five recruiters are attorneys who 122 East 42nd Street, Suite 1507 nies throughout the US and internationally. Many 110 East 59th St., 29th Floor practiced in law firms and in-house. Each recruiter of those attorneys were placed in or have risen to New York, NY 10022 works in a specialized area of the law so that he or New York, NY 10168 she is familiar with the hiring needs and qualifica- senior positions in their organizations, providing Phone: (212) 319-0990 Phone: (212) 660-3900 Sivin Tobin with a range and breadth of contacts tions for attorneys in the particular specialty. We Fax: (212) 660-3939 throughout the legal community, which is second to Fax: (212) 319-1555 place in all practice areas, with an emphasis on corporate, litigation, intellectual property, regulatory, E-mail: [email protected] none. The firm’s leading position in partner and E-mail: [email protected] practice group movement also enables it to work on Website: www.jdsearch.com labor, real estate, and benefits. The firm is a member Website: www.sivintobin.com of the National Association of Legal Search associate positions which other firms do not have Contact: Toby Spitz, President Principals: Eric Sivin, Esq. access to, enhancing its service in that area. The Consultants and Toby Spitz is a former Member of the Board and Vice President of the organization. David Tobin, Esq. firm has a strong presence in the in-house legal community and is an industry leader in intellectual Further information about Toby Spitz Associates, property placement and in diversity recruiting. Inc. is available at www.jdsearch.com.

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New York Law Journal Magazine Month 2006 37

0226 directories 34-37.indd 37 2/6/07 9:50:46 AM IN GOOD SPIRITS You Say Syrah… And I say Shiraz, but by whichever name, it’s a great and global grape with many different expressions. BY CHRISTOPHER MATTHEWS

yrah. Shiraz. Two names, the ex- The fi rst and by far most successful colo- act same grape and many differ- nization took place in the 1830s, when Syrah Sent expressions from one of the cuttings were taken to Australia. There, Syr- world’s truly “noble” red varieties. ah, mistakenly dubbed Shiraz, fl ourished in Indeed, Syrah has truly become an inter- the warm, arid climate, quickly becoming national grape, a stellar performer in both the most planted grape on the continent. hemispheres, and very fashionable at the But familiarity can breed contempt, and moment, especially under the Australian like Zinfandel in California, Shiraz’s ubiquity Shiraz nameplate. led to disregard in the 1970s and ’80s and, But this is no fl ash in the pan: In the right consequently, a shift to Cabernet Sauvignon spot, Syrah consistently gives dark, full, aro- as the favored red grape. In fact, a “vine matic and deeply fruited wines (blackberry improvement” program in the 1980s even is signature) with spicy, peppery and fl oral uprooted some century-old Shiraz vines in qualities. With its fi ne tannins and inher- the name of modernization. Fortunately, the ently good performance in oak (courtesy tide turned: A coterie of Australia winemak- its high anthocyanins), Syrah also can age ers, mostly in the dry Barossa Valley north magnifi cently, morphing into incredible of Adelaide, “rediscovered” old vine Shiraz, complexity, with notes of earth, leather, claiming it as a national treasure. even truffl es. Barossa is the other great Syrah stan- Yet within this potential greatness, it has dard, potentially the most powerful, he- global, down-to-earth appeal. Explains Mas- donistic wine anywhere, brimming with ter Sommelier Tim Gaiser, currently Edu- seductive fruit but with earthiness and cation Chair for the American Chapter of complexity in the mid-palate—the best of the Court of Master Sommeliers (and a big both worlds. Here, the ideal is the legendary Syrah fan): “It grows well in many places. It Penfolds Grange which, like Hermitage, is has a wide range of fl avors and expressions, not available to mere mortals. Fortunately, and a seductive texture—fi ne, soft tannins, good mid-range Barossa ($20-$30) does ex- not hard, like Cabernet Sauvignon. So, you ist, such as the consistently delicious (and can have a really soft, supple fruit-driven balanced) Piping Shrike. Still, at alcohol wine, but still have some structure.” levels often well over the 15 percent level, Syrah needs a warm, even hot, dry cli- the brawnier Barossas can simply blow mate and poor soils, which are necessary away your palate. Caveat tippler. for it to achieve both adequate ripeness and And yet, even at the lower end of Shiraz, low yields. Unripe Syrah is an astringent, Rosemount’s Diamond Label, for example, unpleasant experience. On the other hand, though much less complex than Barossa if it is too ripe or over-cropped, it loses acid- types, is full of jammy fruit, balanced and ity and aromatics, becoming a diluted ver- great to drink, at a price point and quality that sion of its potential self. It needs a measure Syrah, the sole red grape of the Northern Rhône wine districts, can achieve amazing complexity California wines have diffi culty matching. of restraint, despite a penchant for heat. in some of the most revered ‘appelations’ in all winedom, such as Hermitage, shown above. As in the Southern Rhône, Shiraz/Syrah is Inherently food-friendly, Syrah/Shiraz an important blending partner Down Under, offers a multitude of accessible, versatile Mondeuse Blanc (white). Here, it has ex- bombastic alcohol but prefer expressive too, in some cases more traditionally (i.e., and affordable options to accompany just celled for centuries among the steep, rocky terroir, taut structure and all those heady with Grenache), but most famously not (with about any menu, from autumnal and holi- riverbanks and dramatically terraced vine- aromas. For more affordable and fruit-for- Cabernet Sauvignon). Call it a new world in- day feasts to winter comfort meals to the yards. The sole red grape of the Northern ward Northern Rhône options, the less novation, but the popular Shiraz-Cabernet summer barbeque. Rhône wine districts, it can achieve amaz- exalted districts of St. Joseph and Crozes- combo is being emulated in other countries, ing complexity and longevity, albeit in Hermitage offer good value. A recent fi nd, too, including France’s Provence! It’s a Name Game relatively small quantities, in some of the the 2004 Cuilleron Syrah, a relatively rare The Syrah/Shiraz names have inspired most revered appellations in all winedom: vin de pays from the region with snappy Mondo Syrah elaborate theories about exotic origins— Hermitage, Côte-Rôtie and Cornas. black fruit, pepper and smoke, would make California has also proven fertile perhaps via ancient Syracuse in Sicily, or Like many Syrah fans, Gaiser’s fi rst jaw- for a great, versatile dinner companion. ground for Syrah, with some 10,000 new from the medieval Persian capital of Shi- dropping moment was with an aged Côte- While Syrah reaches great heights in acres planted in the last decade, most raz, brought back to France by returning Rôtie: “It had the earthy complexity of a its birthplace, it has spread far and wide, successfully in the Central Coast and Crusaders. great Burgundy, yet the power and intensity especially in the last few decades, spurred Santa Barbara County. Relatively cool Romance aside, science, through DNA of a great Cabernet, and a truly unique set by its reputation as an “improving variety” spots by California standards, these re- fi ngerprinting, indicates that Syrah is in- of aromas and fl avors.” throughout the Southern Rhône and the gions have produced some fabulous Syr- digenous to the Northern Rhône valley The Northern Rhône remains one of the Midi in France, and as the hip new grape in ah from producers like Qupé (the Bien in France, the probable progeny of two two great benchmarks of Syrah, i.e., “the previously terra incognita like California Nacido Cuvée) and Ojai. While these also

obscure local grapes, Dureza (red) and Francophilic style,” for those who don’t like and Washington State. have fruit, they are not like Australian PHOTOGRAPH BY CHARLES O’REAR/CORBIS

38 February 2007 New York Law Journal Magazine

0226Mag_GoodSpirits.indd 38 2/5/07 12:14:26 PM Shiraz—they have less alcohol and more ing region for Syrah in this country could be commercial, “fi ghting varietal” approach in In a sense, Syrah has become the Merlot floral and pepper elements, closer to the Washington State. From only 200 acres of the Vin de Pays d’Oc category. of southern France, albeit with much more Northern Rhône style. Syrah in 1992, over 40 Washington wineries Capitalizing on Syrah’s international personality—and cachet. Compared with the almost dot-com- are now making Syrah, some of it phenom- reputation, brands like Les Jamelles pres- Could Syrah become a victim of its like craze for California Pinot Noir in re- enal. The high altitude desert, multiple soil ent well-made and affordable, if less com- own success, a la Merlot? Possibly, but not cent years – largely “Sideways” induced types and the very steep learning curve of plex, wines to compete with Australia at likely. Syrah is just more versatile, with a – Syrah’s Golden State success has been the state’s wineries have experts like Gaiser the lower end of the market. Even among far broader range of expression. And for quiet and steady. The current Syrah vogue predicting that Washington will be making more artisanal producers across the ap- Gaiser, because so many world class Syrah- has roots all the way back into the early Syrah on a level with California in the next pellations of the Languedoc, as well as in based wines are made in different parts of 1980s, when a few maverick California fi ve to 10 years. the huge Southern Rhône region, where the planet, and with so many places coming vintners who admired Rhône wines, like Randall Graham (Bonny Doon) and Jo- The Syrah/Shiraz names have inspired elaborate theories about exotic origins, but seph Phelps (Joseph Phelps Vineyards), decided to work with Rhône-style wines science, through DNA ﬁ ngerprinting, indicates that Syrah is indigenous to the Northern and grapes…in California. They were the original “Rhône Rang- Rhône valley in France, the probable progeny of two obscure local grapes. ers,” a group that has now grown into a 200-strong member organization promot- Columbia Winery, McCrea and Reininger blending with other grapes (i.e., Grenache, on line, like in Chile and South Africa (where ing some 22 Rhône grape varieties in the are some noteworthy producers to explore. Mourvèdre and Carignan) is de rigueur, they are yet to make their best wines), he United States, from California to the Finger Over the holidays I enjoyed the 2003 Pow- Syrah’s presence continues to grow at the believes Syrah will eventually unseat Caber- Lakes. By the Rangers’ own offi cial reckon- ers Syrah (Columbia Valley), a middle expense of other grapes. It is used to add net Sauvignon as the world’s leading grape ing, however, Syrah represents about half weight, blackberry delight ($16), which color, tannin, black fruit and structure to for serious, profound red wines. of all the Rhône grapes grown in California, paired beautifully with Asian-spiced roast the mix (for more on the Southern Rhône, A bold prediction, perhaps, but the the clear benefi ciary of their efforts, having duck. see this column in the February 2005 issue best evidence is in the drinking…and it come into its own as a varietal wine. And it Other hot Syrah spots around the globe of the New York Law Journal Magazine). bodes well. • should not be confused with Petite Sirah, are Chile, South Africa (where Shiraz was A testament to its versatility—and abil- another coming grape in California origi- introduced at the same time as Australia), ity to “improve” wines—it also fi gures into Christopher Matthews, a press and communications nally from southern France (a.k.a. Durif). and yes, France. In the vast vineyards of the rosés across southern France (and Cali- specialist, is also an independent wine consultant While California rules in terms of Syrah hot Midi, principally Languedoc-Roussillon, fornia, too!), infusing hue and spice into and educator. He can be reached at cematthews42@ acreage in the United States, the most excit- Syrah is a major player in a shift to a more pink blends. yahoo.com. Event Planners - Let us help you create Summer Associate events in one of our wine cellar venues or in the WineBar!

New York Law Journal Magazine February 2007 39

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0226Mag_Restaurant40-44.indd 40 2/9/07 12:21:48 PM RESTAURANTS Chefs on the Brink Of fame, that is. These four haven’t yet made it to superstar level but they are the ones to conjure with. BY JOSH OZERSKY

he trajectory of chefl y fame is a It’s not surprising, given the line of de- long one, and few cooks traverse scent: Canora made his bones at Gramercy T its full length. Nearly all of them Tavern under Tom Collichio, and later was start out the same way, as a tire- chef de cuisine at Craft. Collichio’s aes- less cog in someone else’s kitchen ma- thetic, underscored by the name of his chine, chopping up onions and seething Craft franchise, is basically the same as with ambition. Canora’s: dedication to ingredients, and After a time, some get promoted to a selfl ess willingness to let them speak sous chef (head assistant) and then for themselves. eventually chef de cuisine (the guy who Hearth, though, is a conceptual im- actually runs the kitchen). Finally, if all provement over Craft, whose build-it- goes well, they get their own restaurant yourself menu is so stripped-down that it somewhere, where they can make a point almost reduces the chef to an abstraction. of cooking the way they wanted to all Canora’s Italianate menu seems under- along. stated, but everything works so perfectly It is at this point that the arc becomes together, and is so lovingly executed and steep: Most chefs get no farther in their plated, that you can see why he has the careers—if they get that far. The ones that reputation of a cook’s cook. do, though, are richly rewarded. Roasted and braised domestic lamb First they see their name in the restau- with lamb sausage, buttercup squash rant’s press release; then in some guy’s and chanterelle mushrooms is a kind of blog; then in The New York Times. Even- endpoint; there’s nothing to add to it, and tually, they ascend into the stratosphere, nothing to say about it. But what it loses and fi nd themselves, at 40, within sniffi ng in buzz it gains in fl avor, which seems to distance of a cookbook deal. be the way Canora likes it: The very summit of the profession, of “My food is about the fl avor, not about course, is a rarefi ed plane occupied by jet- the chef or a sexy description or a com- setting millionaires, one-name megastars the New Year that Dona was closing, a es are equally imaginative, but totally plicated technique. We try to put the juggling a dozen or more restaurants and victim of its landlord’s desire to develop grounded in the flavors he’s working food itself in the forefront of everything smiling for the cameras. The chefs at this a big hotel in its building (Dona closed with. Everyone’s favorite pasta at Dona we do.” level in New York are household names, Jan. 6), was greeted with horror by the was the gnudi, light as air sheep’s milk at least in food-centric households like restaurant’s many admirers. ricotta dumplings dressed with black Number Three: Sam Mason my own. But who make up the next gen- Not that Psilakis is going anywhere truffle butter, crispy speck and sage. It On the other side of the aesthetic eration of top toques, as they say in the soon. Onera will become a more casual, couldn’t have been simpler, or better. I spectrum from Marco Canora is Sam Ma- lifestyle magazines? home-cooking restaurant, and the Aqua had the best partridge of the last five son, the rangy young wunderkind set to Here are four Executive Chefs whose Pazza space, owned by the Arpaia family, years there, delicate as a Faberge egg, open his fi rst restaurant this spring. names are ones to conjure with in food will become the home to Anthos, a grand- and in the next course a venison chop Mason is something of a rock star in circles, but who haven’t quite made it ly ambitious, formal restaurant conceived you could hit someone with, equally as chef circles. He’s a crush object for any to the superstar level yet. My bet is that as a kind of Greek Del Posto. balanced and composed. Even when Psi- number of female foodies and cooks all they will, but bad luck and poor press Anthos will be a star vehicle for Psila- lakis screws up, it’s interesting. over town, and his far-out, high-concept happen to the best of men, and so you kis; but most New Yorkers still don’t know What he does in his next restaurant desserts at wd~50 inspired a cult follow- never know. who he is. That’s a real shame, because his has me actively excited, like a long-suf- ing. virtuosity is rare among young chefs. fering football fan whose team has just Mason is one of the new breed of ex- Number One: Michael Psilakis There are the flashy, baroque flour- made it to the Super Bowl. perimental chefs, infl uenced by the wiz- Of the four chefs profi led here, Michael ishes, the fireworks that every chef of ardry of Spain. A tank of liquid nitrogen Psilakis is the closest to the brink. He’s spirit unveils to attract attention. You Number Two: Marco Canora is as essential to him as a spatula. But it already the mind behind two critically could see them in signature dishes at Strictly speaking, Marco Canora isn’t a would be a mistake to call him a molecu- acclaimed restaurants. Onera, an haute Dona like his crudi, individual serving chef on the brink. He’s 38, an established lar gastronomist; Mason is too playful, Greek on the Upper West Side, got a lot of spoons pairing several disparate but fi gure with a restaurant, Hearth, at 403 excited and improvisational for that. His love, if not much business, for its elevated perfectly suited elements, like uni paired East 12th Street, that is universally re- desserts at wd-50 were famous for sound- treatment of Greek cooking, particularly with crushed fava beans, caviar and spected within the food community. Un- ing horrible but tasting like nothing on via Psilakis’ offal tasting dinner, a tour de burrata cheese, or white tuna, smoked like Michael Psilakis, he has never been earth. force of organ meats. trotter, preserved lemon, kumamoto oys- accused of excess; he’s the epitome of the His fascination with technological And Dona, the ambitious Greek-Ital- ter, cucumber gelée and yogurt. I know good cook who stays in his kitchen and tools, which admittedly borders on the ian fusion restaurant that was owned by that doesn’t sound good, but trust me, gets the job done right. unnatural, is all at the service of a noble Donatella Arpaia, had already been admit- it was. “Our shtick has always been that we project: He just isn’t interested in mak- ted into the small circle of the city’s great But Psilakis isn’t just about weird, don’t have a shtick,” he says of Hearth’s ing dishes that anyone has ever tasted

ILLUSTRATION BY TIM GRAJEK ILLUSTRATION restaurants, at least by me. News around showy stuff; his pastas and meat dish- approach. before.

New York Law Journal Magazine Februry 2007 41

0226Mag_Restaurant.indd 41 2/5/07 2:06:57 PM RESTAURANTS (continued)

He’s a Cook’s Cook arco Canora, the chef-owner chef. Up until then I had been work- You know, I try to be in- at Hearth, was the man behind ing in restaurants and had been in- ventive and keep it interest- MCraft when that restaurant won a terested in food, but it was no more ing without alienating the James Beard Award for the best than a way to get a paycheck. I was guest. If you read the menu new restaurant of 2002. His back-to-basics busy having fun, partying, driving descriptions, I intentionally Italianate cooking has earned wide praise, my motorcycle across country. keep them very short and and Canora a reputation as something of I had just gotten back from San very sweet. I don’t go into, a cook’s cook. Canora will be opening a Francisco, and created a list of 20 “This squash is from this second, as-yet-unnamed restaurant later this restaurants that I would apply to. farm, prepared this way, year in the Michaelangelo Hotel. I met Tom Collichio for the first and I do this with it.” time and we hit it off pretty well, Oh, it’s red-wine braised Marco, given how much critical love and he offered me a job. In one octopus with celery? Then Hearth has received, why isn’t there a spi- year I worked every station in the they get it and they see noff restaurant yet? kitchen and the following year I that there’s celery hearts, was promoted to sous chef. It was celery leaves, celery root, There are a few reasons. One is that a pretty quick escalation, but I was there’s some celery root pu- I’m a big advocate of consistency and pretty surprised that I wasn’t sur- ree, there are some toasted standards. It takes time to set up those rounded by more ambitious cooks. celery seeds on there for kind of things. So I’ve been very hesitant I told Tom that I had no desire to crunch...I’m always a big to open up a place and very shortly af- move around. I wanted to stay in advocate of not flaunting. ter go and do something else and take one place and learn how it works. When I made a menu and myself away. I wanted to instill the in sent it out with my business the cooks the importance of execution, So when did you begin to blossom as The execution side matters a lot, obvi- plan, I thought, this doesn’t do my food and the best way to achieve that is by a chef? ously. But New York diners and critics really justice. But the investors came and ate example. You can’t achieve that if you’re need to see a sexy-sounding menu item, one it, and they had eaten my stuff at Craft, not around. I grew up in a cooking family. I always that seems novel and imaginative. and they knew I had the chops to execute That’s the main reason that there had a sense of what good food was be- these dishes. If I had been Joe Schmo hasn’t been an expansion. But there have cause I grew up on good food. That’s always been a huge challenge and given them that menu, the response been other reasons, like the nature of fi nd- I always had a sensibility of freshness, for me, especially when I opened Hearth. would have been, “So what?” But I did ing a good real estate deal in this town. because I grew up with a garden. My mom Our shtick is that we have no shtick. more with it than it seemed. We don’t have a person working full-time was born and raised in Tuscany and in- What makes our restaurant different is I’m not an innovative chef. I’m into searching for a real estate deal, like the stilled those sensibilities in me from a that we’re going to focus on great food execution and depth of fl avor. And that’s celebrity chefs. They can afford that. Ce- very young age, and that really made a and great service and a great wine list, what people want. At the end of the day lebrity equals huge business. Just look at difference in my progression as a cook. and consistency. That’s our niche. it’s really satisfying. Bar Americain! But if a deal’s available But as far as the functionality of a cook, We’ve seen so many places come and for peons like Paul [Grieco, Hearth’s co- and dealing with 240 covers on a Saturday go in this Manhattan world with high- So now, is the next step another restau- owner] and me, it’s a horrible deal. night, the way we did at Gramercy Tavern, concept shtick—our food is based on rant? Are you ready to take it to the next that was a learning curve for me, and it this tiny island in Greece, our interior is level and become a culinary superstar? But you’re a well-known and well-re- was just a product of my devotion and going to be a David Rockwell [6 million spected chef. seriousness at the time. dollar] spectacle…but when it comes (Laughs.) Right now that’s not I was always good in the kitchen. I down to it, people want you to deliver. something I’m aspiring to. It’s not my But not like a Vongerichten or a Bobby always had great knife skills. That came We stuck to our guns, served great food dream to be the next Jean-Georges and Flay. I’m kind of a big name but not in the from my two years at Dean & DeLuca. at a price point people perceived value have 14 restaurants worldwide. But I’m terms that everybody knows who you are, Every day they go through 45 gallons of in, and that’s it. not averse to growing and expanding, and your restaurant’s packed. I don’t have soup. You can imagine the amount of car- slower track. that kind of profi le yet. rots and onions and celery I diced on a But you wouldn’t have succeeded if you I do like the idea of something in daily basis. So my knife skills were really were just turning out lasagna and spaghetti another country. To do a restaurant in How old are you, Marco? honed. carbonara. Tokyo or London or Milan or Bermuda. The way you learn something in this I think I can take the template of Hearth, I’m 38. I got a late start. I didn’t buckle business is repetition. I’m a huge advocate There’ s no question that we are try- and if I do it somewhere far away I could down and take what I do seriously un- of learning that way, over the schools. I ing to do visually pleasing food, and reproduce it exactly. And I think Paul til I came back and started working at don’t tell cooks it’s a bad idea to go to that we’re not trying to do comfort food and I have the chops to do that. But no, Gramercy Tavern when I was 28 years old. school. But you only get good by working here. It’s definitely more thought out, I’m on the slow track. That was the beginning of my career as a every day. with higher execution involved. —Josh Ozersky

More than any of the chefs here, this But Mason may be a different case. ambitious ones, like coconut-lime ravi- savory; Mason is creating it with his friend is the guy that is really moving into the His desserts at wd~50 were not just theo- oli, or his caramelized apple with miso and “savory guy” Frank Derby, another future—although if the future is a place retically interesting; they were actually ice cream and preserved plums, are even brilliantly imaginative chef with more anyone wants to eat in is anybody’s guess. good. His banana sous vide in whiskey more rewarding for being so challenging ideas that he could possibly express in Few avant-garde chefs have made it big in caramel with smoked chocolate ice cream and exciting. a dozen restaurants. New York, no matter how admired their and Guinness stout foam would have been Tailor, his new restaurant, will feature “There’s no one person behind Tai-

creations were by critics. easy for a Rotarian to like, and his more a menu that is about half sweet and half lor,” Mason told me. “Frank and I form PHOTOGRAPH BY RICK KOPSTEIN

42 February 2007 New York Law Journal Magazine

0226Mag_Restaurant.indd 42 2/5/07 2:07:00 PM 0226Mag_Restaurant40-44.indd 43 2/9/07 12:21:52 PM one big, disgusting think tank.” The day a result. He would marinate short ribs for at it like Miles Davis, taking notes away nique to casual Asian food turned the I visited them at their test kitchen, they 12 days, giving them an almost ridiculous rather than adding to it. Stripping things city upside down, and whose best work were trying out Mason’s butterscotch- depth of fl avor.” down. After all those years of fi ne-dining is going underappreciated at his new res- miso pork belly, served with whiskey and McBride, though, is not serving clas- experience, I’ve stripped it down to the taurant, Momofuku Ssäm Bar; plus a half cider-spiked broth and cold green apple sical French food at 7Square at 224 West black skillet and the good meat.” dozen others. slices. It was, like so much of what Mason 49th Street, but rather elevated American The four chefs here aren’t the only But in a way, I’m glad that none of them does, unreal. food cooked with French technique. So ones on the precipice of greatness. You have reached the pinnacles (or depths)

Number Four: Shane McBride The trajectory of cheﬂ y fame starts with chopping onions in someone else’s kitchen Shane McBride doesn’t look like a chef. He looks like a bouncer. You wouldn’t want and ends ( for the lucky ones) on a rareﬁ ed plane occupied by jet-setting millionaires, to get him mad at you. A Gainesville, Fla. native, he’s big and looks like a brawler. one-name megastars juggling a dozen or more restaurants and smiling for cameras. But his food is subtle, precise and orderly, a model of classical training. McBride, the least well-known of the his braised short ribs have the unmis- could easily name four more, or 10 more, of media exposure and moguldom. The four, was trained by Christian Delouvrier, takable fl avor of root beer; his “dirty rice of comparable talent. There is Zak Pe- sooner they do, the sooner they will leave the venerated chef at Lespinasse, last risotto” is an intensely, robustly harmoni- laccio, the brilliant, pork-happy young the kitchen, designating the cooking to seen working with Alain Ducasse at his ous blend of tasso ham, duck confi t and chef who has shaken up the city with fl unkies, and concentrate more on sign- restaurant in the Essex House. Delou- andouille sausage. The fl avors go crazy, his eclectic cooking at Chickenbone Café ing book deals and looking for sweetheart vrier was a French chef’s French chef, but the food is nothing if not immaculately (now closed), 5 Ninth and Fatty Crab; leases than on the thing that makes them and McBride absorbed all the right les- self-contained; everything is fastidiously Anna Klinger, whose virtuosic but homey matter in the fi rst place. Let’s hope these sons from him in four and a half years plated, and the kitchen, predictably, is Italian cooking at Al Di La in Brooklyn chefs on the brink stay on the brink. • of tutelage. like an operating room. has made the place almost impossible “With Christian it was all about just “I’m trying to have fun,” McBride says. to get into; Will Goldfarb, another mad Josh Ozersky is the editor of New York Magazine’s cooking technique. The way he does “I’m trying to do some cooking that might scientist in the dessert kitchen, whose restaurant blog, Grub Street, and the author, as “Mr. things, the way he roasted things and sound serious but is not. That’s what this Room 4 Dessert is already a shrine for Cutlets,” of “Meat Me in Manhattan: A Carnivore’s Guide braised things was really exacting and restaurant was all about. It’s less serious, the gastronomically adventurous; David to New York” (Ig Publishing 2003). Visit him online at precise, but also incredibly rewarding as a little less stuffy than Lespinasse. I look Chang, who by applying classical tech- www.mistercutlets.com.

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44 February 2007 New York Law Journal Magazine

0226Mag_Restaurant.indd 44 2/5/07 2:07:09 PM TRAVEL Swimming With Sharks Think practicing law in New York City is tough? For a real challenge try tangling with a tiger named Scarface off Fiji’s Viti Levu coast. BY DANIEL A. PANITZ

’ve been a water person about as far back as I can remember. Can’t get enough of it Escape Plan really. Swimming, boating, waterskiing, I FREQUENT FLIERS: Air New Zealand, surfi ng and, of course, scuba diving. Af- ter I realized the world is two-thirds water, it United, American Airlines, Quantas. became a kind of personal responsibility to Round-trip fare is about $2,100 to Nadi, explore as much ocean as I could—at least a 16-hour fl ight. the tropical parts. WHERE TO STAY: At $130/night and 15 Last fall, I had the opportunity to dive minutes from the airport, the Anchorage the famed Shark Reef just off the Viti Levu Beach Resort is a good choice in Viti coast in Pacifi c Harbour, Fiji. One of the last Levu. places on Earth where they feed sharks by hand and without cages, the Shark Reef has www.anchorageﬁ ji.com been protected from fi shing boats for years, Pacifi c Harbour, about 90 minutes almost ensuring shark encounters. Despite from the airport, has a variety of these known dangers, divers venture into accommodations, but none beat the the reef daily. open-air Hot Stones Villas, which sit Since I no longer eat shark, I fi gured, on a lagoon. Your villa comes with a karma and professional courtesy gave me private chef and personal pool. A three- good odds I wouldn’t be the one for dinner bedroom villa runs $595/night; two that day. bedrooms are $395/night (both with a The night before the dive, my two three-night minimum). friends and I raised our glasses after they www.hotstonesvillas.com nervously agreed to join me—only to bow out in the pre-dawn hours. MEET SCARFACE: Bega Adventure At one time, the Fijian Islands to me A deserted beach in Fiji. At right, a dive master Divers is the most acclaimed dive shop were just a romantic idea, an archipelago of reaches out to pet Scarface, the tiger shark. in the region. A two-tank dive runs more than 330 sparsely inhabited tropical around $130. islands nestled in the South Pacifi c. Now I cartoon-like quality. www.ﬁ ji-sharks.com was on my own and about to enter its shark- We took positions on the reef behind infested waters. a rock wall after reaching 100 feet as the of me—a bit too close for comfort. At fi rst light, the dive boat captain set a dive masters 10 feet below opened a Scarface soon doubled back on course 30 minutes southwest of Pacifi c Har- chum buffet for the swarm of circling the dive master after being hand fed bour, toward the Viti Levu coast. Ten of us fi sh. It took no more than a minute for and the dive master was forced to made the trip, just about all strangers from the sharks to show up. take action to protect himself. Australia, Germany and the United States. Two white-tip reef sharks about fi ve stripes and ominous presence, there was This has all the potential of be- Several of the others had recently made the feet in length were the fi rst to arrive. They no mistaking this king of the ocean. The coming a Siegfried and Roy show gone bad, same dive and were back for more, but this quickly blazed a path to the chum through tiger can easily eat a full-grown man in one I thought. was of little comfort. the tightly packed crowd of circling fi sh. shot and the “all business” expression on Minutes later we were signaled to slowly Their behavior suggested a path of least this one’s face suggested that was a distinct make our assent. Everyone kept in a tight Eager Sea Life resistance toward the easiest meal avail- possibility. group, given the number of sharks still cir- After we arrived at Shark Reef and a pre- able rather than eating the convenient live The tiger seemed almost half as wide as cling. I soon found out this was the most dive briefi ng, the crew began dumping raw prey. The sharks passed within inches as it was long as it approached slowly with an dangerous time for us. fi sh parts into the ocean. A whirling circle of they made their way in and out to feed. apparent confi dence in where it ranked on As we rose to about 30 feet, Scarface eager sea life quickly appeared, with large More and more sharks began to arrive the food chain. I could feel my heart beat in made a B-line for one of my diving compan- fi sh beginning to break the water’s surface. during our two dives that morning—large every limb as it came within two feet of our ions, Helen. I was no more than two feet “Shouldn’t we be safely below before start- adolescent schooling grey reefs, sleek and group. I had nothing to repel this monster away. With only camera apparatus between ing a feeding frenzy?” I thought. agile black tips, dog-like lemon sharks and should it graze off course and get “curious” herself and the massive tiger shark, Helen Hundreds of fi sh converged as we de- the big kahuna, a tiger shark. about what a New York City attorney might thrust her camera into Scarface’s nose. scended on our fi rst dive. I was immediately The smaller sharks fed in a violent taste like. Time seemed to stand still as our dive taken with the vast array of large tropical thrashing manner, the larger more slowly. Adrenaline, excitement and fear coursed master frantically reached the scene with a fi sh surrounding us—grouper of unusually Sheer awe and a hyper-awareness of every- through my mind and body. I knew this ad- hooked pole. Fortunately, the camera gear large size, prehistoric-looking jewfi sh, giant thing around me predominated my mind. venture could go horribly wrong but I was and pole were enough to repel a curious and trevallies, humped potato bass, shiny red And then it happened. strangely reassured it would not. The ti- obviously still hungry Scarface. wrasse, glistening rainbow runners and re- ger, whom the dive masters later said was This was no petting zoo. • fl ective red snappers. About a dozen yellow Scarface named Scarface, circled in and around us for fi n tuna glided just overhead, turning the A 10- to 12-foot tiger shark was spotted the next 20 minutes. After several feeding Daniel A. Panitz is with Major, Lindsey & Africa’s New York

PHOTOGRAPH BY PHILIP COBLENTZ/CORBIS; INSET COURTESY OF DANIEL PANITZ PHOTOGRAPH BY PHILIP COBLENTZ/CORBIS; INSET COURTESY light above into a fl orescent yellow hue of about 25 feet away. With its bold vertical passes, Scarface came within several inches ofﬁ ce.

New York Law Journal Magazine February 2007 45

0226Mag_Travel.indd 45 2/5/07 2:09:13 PM BOOKS Middle-Class Murder Snyder’s trial lacked the drama and political intrigue of other famous cases, but the tale of a Queens housewife gone bad captured the world’s attention. BY LAWRENCE FLEISCHER

andis MacKellar, a retired the fact that The New York Times In still another movie based on the case, economics professor at and The New Yorker continue to Rita Hayworth played a too gorgeous Sny- LQueens College, City Uni- refer to Snyder as the fi rst woman der in “The Story on Page One,” directed versity of New York, gives electrocuted in New York, when by Clifford Odets. us the third full-length study of she was in fact the third. Perhaps Snyder’s greatest defender the so-called “crime of the centu- Poor forgotten Martha Place was America’s greatest 20th-century crit- ry,” the 1927 murder trial of Ruth and Mary Farmer. Place, of Flat- ic, Edmund Wilson, who deplored tabloid Snyder and her corset salesman/ bush, Brooklyn, strangled her vulgarity and eloquently compared her to boyfriend. The pair were accused step-daughter in 1895, was re- Thomas Hardy’s “Tess of the d’Urbervilles,” of bashing in the head of Snyder’s fused a commutation by then- another woman who killed a husband in a husband. Governor Theodore Roosevelt, bad marriage. With “The ‘Double Indemnity’ and electrocuted in 1899. Ten Wilson’s account, along with Sophie Murder,” MacKellar follows in the years later, Farmer, a Jefferson Treadwell’s remarkable 1928 play “Machi- footsteps of John Kobler, whose County housewife, was electro- nal,” are unique in their essential sympa- 1938 epic account included sub- cuted at Auburn Prison for mur- thy for a character otherwise belittled or stantial portions of the court dering her neighbor in order to condemned. transcripts, and Leslie Margolin, claim the neighbor’s property who offered a somewhat pulp-ish with fraudulent deeds. Lacking Analysis but still useful account in the late Aiding the historic myopia of While MacKellar gives us a well-written, if 1990s. Both of the other books the newspaper of record and the not lapidary, account of the trial using court are now out of print, so MacKellar supposed greatest engine of fact transcripts and period papers, the book has has the fi eld to himself. Caption for photos tkta sharehalders. “Like checking is the fact that Snyder an overall feeling of a second draft. The case was the basis of maxy ather reputable mutual fuxd families, alone had her picture taken in There is virtually no analysis of impor- Billy Wilder’s 1944 fi lm noir clas- Jaxus is caxcerxed abaut market timixg ix aur the act of death. The image was tant cultural studies of the period, such as sic “Double Indemnity”—the ixdustry.” The ixac snapped secretly during her 1928 Charles Ponce De Leon’s excellent “Self greatest American film, in my execution at Sing Sing by Daily Exposure, Human Interest Journalism and opinion—starring Barbara Stan- News photographer Tom Howard, the Emergence of Celebrity in America 1890- wyck and Fred MacMurray, and the grandfather of actor George 1940” (University of North Carolina, 2002). written by Raymond Chandler Wendt of “Cheers” fame. James It appears that MacKellar and his edi- based on James M. Cain’s tough, Cagney later played a character tor were content to tell a sort of Joe Friday cynical novel. loosely based on Howard in a fi lm story—“Just the Facts ma’am.” The subtitle of MacKellar’s called “Picture Snatcher.” He leaves out Wilson, as well as the great book, “crime of the century,” is a Gene Fowler, who was an actual witness to hugely hyperbolic term given to many mi- The reason was the simple Snyder’s execution and wrote a brilliant nor-league affairs. But it fi ts the Snyder case chutzpah of a middle-class article, which stands along with Clarence for at least one reason alone: More literary housewife from Queens and Darrow’s Leopold and Loeb summation as works—both fi ctive and non- fi ction—have her undergarment/drummer the two greatest Jazz Age accounts to ad- referenced that trial than any other 20th- pal who would commit such vocate against capital punishment. century trial in America. This includes such mayhem and blame it on two Even a greater loss in MacKellar’s ac- famous cases as Sacco-Vanzetti, Scottsboro, passing Italian thugs, as if count is any reference to Fowler’s rework- and the Rosenbergs, which are all arguably Sacco and Vanzetti escaped ing of the article in the orgiastic climax to way ahead of the Snyder case not only in to do a botched robbery and his great but neglected novel “Trumpet in terms of innate drama but also by virtue of murder job. the Dust” (1928), which was largely based the political issues they raised. In fact, Ms. Snyder and on the Snyder case, and its effect on one her paramour, Judd Gray, newsman’s views on life and death. Fowler Tabloid Tale sprinkled the crime scene was haunted by the case and all of his life By contrast, the case H.L. Mencken re- with Italian newspapers in a associated the sounds of toasters with the ferred to as the affair “la Snyder” and what ridiculous attempt to lead the sound of Snyder’s fl esh meeting the wooden Damon Runyon aptly called “the dumbbell police on a wild pasta chase. electric chair. murder” raised no real issues, either politi- Indubitably, the fl apper- In short, MacKellar’s semi-scholarly cal or legal. It has more of a banality-of-evil momma angle also played a book is the best full-length account, but quality, a sordid tabloid story of the Jazz role in the intense interest in those who want the real thing will have to Age over insurance policies and lust that the case. One of its legacies is wait for a truer cultural tale of a case that was elevated to international proportions integrates the tabloid taste of cheap whis- and but for Hitler’s ascendancy might have The 1928 execution of Ruth key with a broader story of endless iconic been made into an opera by Brecht, Weill, Snyder was snapped secretly by images. • and Lenya, who were deeply attracted to Daily News photographer Tom

the case way over in Berlin. Howard. Lawrence Fleischer is counsel to Gotlin & Jaffe. NEWS OF THE DAILY PHOTOGRAPH COURTESY

46 February 2007 New York Law Journal Magazine

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47 Month 2006 New York Law Journal Magazine

0226 markeplace 47.indd 47 2/6/07 10:39:50 AM IN|CONCLUSION On Our Western Frontier After the Revolutionary War, Western New York was shaped by settlers and history, including the trial of suffragette Susan B. Anthony. BY DAVID O. BOEHM

here is more than verdant land, open a keen and engaging County Judge of Liv- space and lakes in the western part ingston County, there was another incident Tof New York state—there is history, involving the same statue of Justice, which and there are stories, going back to remains atop the Canandaigua courthouse the time of the founding of this country. gazing toward the distant southern end of This is the land of the Seneca Nation of In- Canandaigua Lake, where the Seneca Na- dians, not to mention the location of the tion is claimed to have had its ancestry. courthouse where Susan B. Anthony was The story was of Red Jacket, the great tried for illegal voting. Space is limited here Seneca Indian chief who was famous for for more than this briefest look at a part of his eloquence and wisdom. His Indian New York’s western frontier, but step back name was Sagoyewotah—“He keeps them for a moment to the late 18th century, for awake.” It was he who opposed the relin- a look into a state very different from the quishment by the Senecas of their ancient one whose shape we see today. hunting lands and revered burial grounds At the end of the Revolutionary War, by the Treaty of Big Tree in 1797. farmers seeking lands more productive As told by Judge Houston, Red Jacket than those in their stony, unyielding east- appeared at a trial in the Canandaigua ern mountains came to western New York, courthouse in support of a claim by a fel- which was then a dense wilderness. These low Seneca tribesman. Unfortunately, his farmers were joined by others who had claim was rejected. served in Sullivan’s army when it came, Red Jacket was incensed by what he in 1779, to drive out the occupied Seneca regarded as the result’s unfairness and, Nation and were enchanted by the grand as he departed, he observed the statue of expanse of country before them. Justice. Many others came to settle the fertile “Who is that?” he asked. land that lay west of the so-called “Preemp- “That is Justice,” the lawyer replied. tion Line” that crossed the area claimed by “Justice!” the angry Red Jacket said. Massachusetts. (The Preemption Line was “And where does he now live?” the boundary dividing the American Indian lands of western New York State awarded to Even the Cities Flowered New York from those awarded to the Com- Because of its rich farmland, Livingston monwealth of Massachusetts by the Treaty County raised abundant harvests of wheat of Hartford of 1786.) ist, trying civil and criminal cases. He was a in the presidential election (on behalf of proudly bearing the brand “Genesee,” Much of the vast area of Western New conveyancer and a drafter of wills, skilled Ulysses S. Grant). named for the western country. York belonged at that time to the wealthy in many areas of the law in the manner of The wheat was carried north to the landowners of the Phelps and Gordon Justice Robert H. Jackson, who came to the Suffragette on Trial many grist mills in Rochester which, during Tract, the Morris Reserve and the Holland U.S. Supreme Court, in 1941, from his James- Although Susan Anthony was living in the Civil War, became known as the “fl our Land Purchase Company which were eager town law practice in the Western county of Rochester, the U.S. Attorney successfully city.” Years later, beautiful nurseries were to obtain the revenue from the sale of their Chautauqua. sought a change of venue because of An- established by the Ellwanger and Barry land to the new settlers. Ontario County was initially created in thony’s local popularity and her trial was families, and the name was changed to the 1789 and embraced many of the counties held in Canandaigua. Henry Selden, a for- “fl ower city,” which it still bears. The Settlers Got Down to Work in what is now the Seventh Judicial District. mer Court of Appeals judge, was Anthony’s The beautiful, alluvial plain of Livings- On their arrival, the hardy pioneers The entire legal business of the scattered counsel, and co-counsel was Eugene Van- ton County, named “Pleasant Valley” by the hewed down the great hardwood trees on settlements was conducted in Canandai- Voorhis, father of the great Court of Appeals Indians, attracted many early immigrants their property, then cleared and harrowed gua, which is today the county seat of the judge John Van Voorhis. from Ireland and Scotland, as the villages of the land, which would become their farms, much reduced Ontario County. The federal judge, Ward Hunt, prohib- Scottsville and Caledonia attest. They trav- and on which they erected their sturdy log By Chapter 58 of the Laws of 1821, signed ited Anthony from testifying and directed eled inland by boat. Judge Houston held in cabins. by Governor DeWitt Clinton, the Western the jury to return a verdict of guilty, which his possession a preserved stub of the Erie Others opened stores and shops, tav- counties were trimmed and the new coun- it did. The following day, Judge Hunt sen- Canal boat ticket on which his great, great erns and mills. Soon villages were estab- ties gathered into judicial districts. The Sev- tenced Anthony to a fi ne of $100, which she grandmother traveled to Livingston County lished, including the buildings of small enth Judicial District incorporated seven deliberately never paid. The story is told after arriving from Ireland. churches, their choirs sung by ladies of counties, including a new Livingston county that when the judge imposed sentence, the And thus, among other small but con- the settlement. It was not long before the and the smaller Ontario County. arm on the statue of Justice on the court- sequential milestones, began the devel- new attorney arrived and opened his offi ce The original courthouse in Canandai- house dome fell to the ground, prompting opment of what was to become the great on the single street that ran through the gua was replaced in 1858, and in this new James Glynn, a witty Rochester lawyer, to Empire state. • village, his shingle hanging from the limb courthouse, in 1873, Susan B. Anthony, the note that when Justice is not vindicated, it of a tree outside his window. suffragette leader (shown in the engraving is amputated. David O. Boehm is a former judge of the Appellate

The upstate attorney became a general- above), was tried for having illegally voted According to the late J. Robert Houston, Division, Fourth Department. BY BETTMANN/CORBIS ENGRAVING

48 February 2007 New York Law Journal Magazine

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