April 2008 Visit us at www.nycla.org Volume 4 / Number 3 NYCLA’s Foreign and International Law INSIDE BOOK-SIGNING Committee presents Law and Terrorism Series - RECEPTION for Belva Lockwood: The Libel Terrorism: Woman Who Would The Intersection of British Be President Libel Law and the First Amendment On Thursday, April 17, NYCLA’s Foreign and International Law Committee is presenting a program, “Libel Terrorism: The Intersection of British Libel Law and the First Amendment,” at the offices of Skadden, Arps, Slate, Meagher & Flom LLP at Four 3 Times Square from 6:00-8:05 PM featuring a distinguished panel of experts: Dr. Rachel Ehrenfeld, an author who was sued for libel by a Saudi-Arabian billionaire whom she accused of supporting ter- MESSAGE FROM rorism; Samuel A. Abady, a civil liberties and criminal defense attorney; Floyd Abrams, a partner at Cahill Gordon & Reindel THE PRESIDENT LLP; Daniel J. Kornstein, a founding partner at Kornstein Veisz Wexler & Pollard, LLP and Dr. Ehrenfeld’s lawyer; Hon. Rory I. Libel Tourism and the War on Terror Catherine A. Christian Lancman, New York State Assemblyman, 25th Assembly District In 2004, Dr. Ehrenfeld, Director of the New York-based in Queens; Dean Ringel, a partner at Cahill Gordon & Reindel American Center for Democracy and Center for the Study of LLP; and Hon. Dean G. Skelos, New York State Senator, 9th Corruption & the Rule of Law, was sued for libel in London’s High ADVOCATING EQUALITY… Assembly District in Nassau County and Senate Deputy Majority Court of Justice by Khalid bin Mahfouz, a banker to the Saudi royal CREATING OPPORTUNITIES Leader. The moderator is Nicholas Rostow, University Counsel family. Dr. Ehrenfeld had accused Mr. Mahfouz of supporting al- and Vice Chancellor for Legal Affairs, SUNY and chair of Qaeda and other Islamic terrorist groups prior to September 11, NYCLA’S SUMMER NYCLA’s Foreign and International Law Committee. Attorneys 2001 in her book, Funding Evil: How Terrorism Is Financed – and MINORITY JUDICIAL attending the program may earn 2.5 MCLE credits: 1 Ethics; 1.5 How to Stop It (2003). In filing the lawsuit in the United Kingdom, INTERNSHIP PROGRAM Professional Practice. The registration fee: Non-attorneys and Mr. Mahfouz joined a surge of other wealthy, nonresidents of Arabic attorneys without MCLE Credit: Free; Members (with 2.5 MCLE descent who have sought punitive damages for alleged defamation credits): $30; Non-members (with 2.5 MCLE credits): $55. after being accused of funding terrorist activities. 5 Unlike the U.S., which ruled in New York Times v. Sullivan (1964) that public figures who sue media defendants must show that defamatory statements were “made with actual malice,” the ANNUAL MEETING U.K. is among the scores of countries that do not provide such extensive safeguards for freedom of speech. NOTICE “England’s libel laws favor the individual’s rights over the public. They allow bin Mahfouz and other terror financiers, known as ‘libel 6 tourists,’ to veil in secrecy their funding of al Qaeda, other Islamic terror organizations and global propagation of radical Islam. British laws earned the U.K. the label—‘libel capital of the Western world’— MEMBER PROFILE and rained wealth on Britain’s libel bar.” Mae Watson Grote - Rachel Ehrenfeld Subsequently, after losing the libel judgment to Mr. Mahfouz, Dr. Ehrenfeld filed a suit, Ehrenfeld v. Mahfouz (2006) in the U.S. Court of Appeals for the Second Circuit. In June 2007, the Court dismissed the case for lack of personal jurisdiction and declined to address whether subject matter jurisdiction existed. The Court ruled that New York State courts should decide whether the state’s long-arm statute confers jurisdiction against Mr. Mahfouz. In 6 December 2007, the New York Court of Appeals ruled that New York law does not confer jurisdiction because Mr. Mahfouz has insufficient ties to New York for the courts to assert jurisdiction over him. This decision was affirmed in a related court case by the U.S. Court of Appeals for the Second Circuit on March 3, 2008. Mr. Mahfouz has never sought to enforce his judgment in New York, where Dr. Ehrenfeld lives and has assets. According to SPOTLIGHT ON Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O’Shea TRAINING AND whose article about the case appeared in the New York Law Journal column on March 17, 2008: “This raises the inference that DEVELOPMENT the existence of the judgment, and not recovery of damages or See LAW AND TERRORISM, Page 14 7 GROW YOUR 401(k) WISELY Six things you won’t hear from other 401(k) providers... We were created as a not-for-profit 1. entity, and we exist to provide a benefit We leverage the buying power of the 2. ABA to eliminate firm expenses and minimize participant expenses Our fiduciary tools help you manage 3. your liabilities and save valuable time Our investment menu has three tiers to 4. provide options for any type of investor, and our average expense is well below the industry average for mutual funds We eliminated commissions, which erode 5. your savings, by eliminating brokers LEARN HOW 6. 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EFFECTS OF ASFA AND NEW YORK’S 8:00 PM: Program FREE APRIL PERMANENCY LAWS ON NEW YORK Place: NYCLA Home of Law – 14 Vesey Street Examination of the operations of problem- CENTENNIAL CELEBRATION EVENT: CITY’S FAMILY COURTS AND FAMILIES: Cost: Free for NYCLA Members, $25 for FWA solving courts throughout the U.S. Such courts BOOK SIGNING WITH JILL NORGREN, WHAT SHOULD THE NEXT 10 YEARS Members, $32 for Non-Members include: drug courts, mental health courts and AUTHOR OF BELVA LOCKWOOD: THE LOOK LIKE? Event Organizers: NYCLA’s Women in Law domestic violence courts. WOMAN WHO WOULD BE PRESIDENT Thursday, April 17 Strategies for Success Series, subcommittee of Sponsors: Criminal Justice Section and Civil Wednesday, April 16 6:00 PM the Women’s Rights Committee, and the Rights and Liberties Committee 6:00 PM Place: NYCLA Home of Law – 14 Vesey Street Professional Services Liaison Committee of the Place: NYCLA Home of Law – 14 Vesey Street FREE Financial Women’s Association FREE MAY Speakers: Hon. Lee H. Elkins, Kings County Keynote Speaker: Andrea Nierenberg, presi- Reading and book signing. CENTENNIAL CELEBRATION EVENT: Family Court; Sharon E. Selby, Esq., Weil, dent of the Nierenberg Group, and author of RSVP (Limited seating): [email protected] THE FINANCIAL CONSEQUENCES OF Gotshal and Manges LLP, part of the team that Million Dollar Networking: The Sure Way to and write ‘April 16 event’ in the Subject line. CRIMINAL CONVICTIONS - NEW FEES prepared the City Bar Council on Children’s Find, Grow and Keep Your Business, will lead a (For more information, please refer to the AND FINES IN NEW YORK’S CRIMINAL position paper, “The Permanency Legislation of group discussion, “Networking is Both Strategic article on this page.) JUSTICE SYSTEM 2005: An Unfunded Mandate – Critical and Serendipitous.” Thursday, May 15 Resource Needs for New York City’s Children CENTENNIAL CELEBRATION EVENT: John Hancock Funds will sponsor a wine-and- 6:00 PM and Families”; Michele Cortese, Esq., Deputy FOREIGN AND INTERNATIONAL LAW cheese reception. Place: NYCLA Home of Law – 14 Vesey Street Director, Center for Family Representation, COMMITTEE PRESENTS LAW AND RSVP (by April 17): [email protected] and FREE Inc. and previously a law guardian and attorney TERRORISM SERIES - LIBEL write ‘April 21 event’ in the Subject line. Speakers: Sarah B. From, Director of Public for foster care agencies; and Sabra Jackson, TERRORISM: THE INTERSECTION OF (For more information, please refer to the Policy and Communications, Women’s Prison Parent Advocate, Child Welfare Organizing BRITISH LIBEL LAW AND THE FIRST article on page 8.) Association; Glenn Martin, Associate Vice Project AMENDMENT President of Policy and Advocacy, The Fortune Moderator: Stephanie Gendell, Thursday, April 17 CENTENNIAL CELEBRATION MEMBER- Society; Alan Rosenthal, Executive Director, Associate Executive Director for Policy and 6:00 – 8:05 PM SHIP PROGRAM: MANAGING YOUR Center for Community Alternatives; and Public Affairs, Citizens’ Committee for Place: Skadden, Arps, Slate, Meagher & Flom LAW SCHOOL DEBT Michael Yavinsky, Chief Court Attorney, Children of New York Inc.