February 2012 Visit us at Volume 7 / Number 9 … · 2016. 12. 9. · February 2012 / The New York...
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Ariella Greenbaum, NYCLA’s Senior Communications and Social Media Manager, shares what NYCLA is doing to help restore court funding. State and Federal courts are experi- encing painful judicial budget cuts that not only jeopardize progress but signifi- cantly reduce access to justice and pub- lic safety in fundamental ways, and over the last several months NYCLA’sTask Force on Judicial Budget Cuts has been actively getting to the bottom of the budget crisis and advocating to help restore funding to the courts. Following issuing a Preliminary Report in mid-2011, the Task Force conducted an electronic survey of attorneys, judges, court staff, members of public policy organizations and the public in November. It focused on the general impact of the budget cuts and whether and how they adversely affected the administration of justice, timeliness of its dispensation, costs and efficiencies, staffing, morale and access to justice. The survey revealed some shocking information about the effects of the budget cuts. Nearly 85 percent of participants strongly agreed or agreed that the court’s efficiency has been compromised. According to one court employee, the backlog is about five months. Prior to the cuts the backlog was two days. Mean- while, over 82 percent of participants strongly agreed or agreed that the budget cuts have had a negative impact on the administration of justice. One respondent noted that people have been held on war- rants that are no longer active as paper is delayed being entered into the system. Nearly 69 percent of participants strongly agree or agree that the public’s access to justice has declined. A family Court Judge stated, trials of cases with children in fos- ter care take longer to complete, which delays the permanency for the children. Over 55 percent of participants strongly agree or agree litigation costs for the pub- lic have increased. Trials are taking longer and experts are needed for additional days. In order to learn more on the effects of the cuts, the Task Force held an all-day public hearing on December 2 that brought together leaders from the New York legal community to testify. Witnesses provided revealing data and first-hand observations into the impact of budget cuts and explained how cuts not only jeopardize progress but significantly reduce access to justice and public safety in fundamental ways. “The New York County Lawyers’ Association has long advocated for access to justice for all NewYorkers,” When the NewYork County Lawyers’ Association was founded in 1908, it was the first major bar association in the United States to admit members without regard to race, ethnicity, religion or gender. Since then, the organization has led the way in supporting diversity in the New York legal community by expanding its efforts to promote diversity in new areas. Throughout the Association’s history it has met the needs of this diverse commu- nity—a melting pot, filled with members from distinctive backgrounds, cultures and races—and in February, African American History Month, we celebrate our past and present efforts to promote diversity in the legal profession. When NYCLA’s first members were practicing in the early 20th century, the legal field was male-dominated and les- bian, gay, bisexual and transgender (LGBT) issues were far from being at the forefront of discussion. In the last centu- ry, the legal field and NYCLA have come a long way, opening the doors to new areas of discussion from women’s rights to LGBT and other issues. Today, fifty percent of NYCLA members are female and, of course, NYCLA was in strong support of NewYork’s legislation legaliz- ing gay marriage. Many of NYCLA’s committees sup- port the organization’s diversity goals. For example, there is the Minorities and the Law Committee, which examines issues of relevance to minority attorneys and law students. It also oversees the Hon. Harold Baer and Suzanne Baer Minority Judicial Intern Program, which provides stipends to law students of color who are placed as interns with fed- eral and state court judges. The Women’s Rights Committee helps advance the work of women in the legal field in NewYork. It works to assure equal rights and opportunities for women in the legal profession and the treatment of women by the legal system. The Asian Practice Committee promotes legal and business communications between New York and Asian countries. Members share experiences and insights about Asian law, interact with lawyers in Asia and grow Asia-related practices. As NYCLA celebrates the headway it has made in promoting diversity, it com- mends other organizations in the New York City tri-state area, such as the Metropolitan Black Bar Association (MBBA), the Association of Black Women Attorneys, the Asian American Bar Association of New York, the Indo American Lawyers’ Association, the Korean-American Lawyers’ Association of Greater NewYork, LeGaL, the Puerto Rican Bar Association and the South Asian Bar Association of New York, for also seeing that people from diverse back- grounds have equal opportunity to become leaders in the legal community. We are proud to work together with these organizations aimed at diversity. Together with MBBA, on Tuesday, February 21st, NYCLA will honor an African American leader in the NewYork legal community with the 10th annual Ida B. Wells-Barnett Justice award, named for Ms. Wells- Barnett, one of the first African American women to run for public office in the United States. I encourage you to turn to page three and visit the Calendar section of nycla.org for more details on the event and to read about the award recipient. We hope to see you there. In the meanwhile, please share with me how you are promoting diversity by tweeting me @NYCLAPres, and visit nycla.org to join a Committee and help effect change in the legal profession. Is Access to Justice Being Jeopardized? NEW YORK COUNTY LAWYER February 2012 Visit us at www.nycla.org Volume 7 / Number 9 Celebrating Diversity I N S ID E TA B L E O F C O N T E N T S Stewart D. Aaron President, New York County Lawyers’ Association Balancing Multiple Generations at Work Pg. 12 Is Access to Justice Being Jeopardized? Pg. 1 What’s Your 2012 Website Resolution? Pg. 6 Back to the Future: Law & Technology in the New Year Pg. 13 Award Benefiting Pro Bono Program......13 Balancing Multiple Generations at Work 12 Career Resolutions .....................................7 CLE Institute ..............................................4 CLE Programs............................................4 CLE Tech Programs .................................10 Commerical Litigation Treatise ...............11 Committee Challenge ..............................13 Committee Connection ............................13 Committee Meeting Schedule..................13 Environmental Law Committee News .....12 Ethics Hotline ............................................5 Events Calendar .........................................2 Federal Courts Committee News .............12 Ida B. Wells-Barnett Justice Award ...........3 Judicial Budget Cuts ..................................1 Law & Technology in the NewYear........13 Library......................................................10 Member Discount ......................................6 Member News ............................................6 Message from Barbara Moses, President of the NYCLA Foundation .........................3 Message from Stewart Aaron, President of NYCLA ..................................................1 Multilingual Lawyering Committee ........13 NYCLA In the News .................................2 NYCLA Mentoring Program .....................4 Professional Liability Insurance ................6 Public Policy Initiative...............................3 Publications ..............................................11 Race, Law, and Gender ..............................5 Recent Events ............................................8 Twitter—what’s Tweeting ........................12 Website Resolutions ...................................6 Young Lawyers ........................................14 Young Lawyers’ Section Events ..............14 (See Access to Justice on page 14)
Transcript of February 2012 Visit us at Volume 7 / Number 9 … · 2016. 12. 9. · February 2012 / The New York...
Ariella Greenbaum, NYCLA’s SeniorCommunications and Social MediaManager, shares what NYCLA is doingto help restore court funding.
State and Federal courts are experi-encing painful judicial budget cuts thatnot only jeopardize progress but signifi-cantly reduce access to justice and pub-lic safety in fundamental ways, and overthe last several months NYCLA’s TaskForce on Judicial Budget Cuts has beenactively getting to the bottom of thebudget crisis and advocating to helprestore funding to the courts.Following issuing a Preliminary Report
in mid-2011, the Task Force conductedan electronic survey of attorneys, judges,court staff, members of public policyorganizations and the public inNovember. It focused on the generalimpact of the budget cuts and whether
and how they adversely affected theadministration of justice, timeliness of itsdispensation, costs and efficiencies,staffing, morale and access to justice.The survey revealed some shocking
information about the effects of the budgetcuts. Nearly 85 percent of participantsstrongly agreed or agreed that the court’sefficiency has been compromised.According to one court employee, thebacklog is about five months. Prior to thecuts the backlog was two days. Mean-while, over 82 percent of participantsstrongly agreed or agreed that the budgetcuts have had a negative impact on theadministration of justice. One respondentnoted that people have been held on war-rants that are no longer active as paper isdelayed being entered into the system.Nearly 69 percent of participants stronglyagree or agree that the public’s access tojustice has declined. A family Court Judge
stated, trials of cases with children in fos-ter care take longer to complete, whichdelays the permanency for the children.Over 55 percent of participants stronglyagree or agree litigation costs for the pub-lic have increased. Trials are taking longerand experts are needed for additional days.In order to learn more on the effects of
the cuts, the Task Force held an all-daypublic hearing on December 2 thatbrought together leaders from the NewYork legal community to testify.Witnesses provided revealing data andfirst-hand observations into the impact ofbudget cuts and explained how cuts notonly jeopardize progress but significantlyreduce access to justice and public safetyin fundamental ways.“The New York County Lawyers’
Association has long advocated foraccess to justice for all New Yorkers,”
When the NewYork County Lawyers’Association was founded in 1908, it wasthe first major bar association in theUnited States to admit members withoutregard to race, ethnicity, religion or gender.Since then, the organization has led theway in supporting diversity in the NewYork legal community by expanding itsefforts to promote diversity in new areas.
Throughout the Association’s history ithas met the needs of this diverse commu-nity—a melting pot, filled with membersfrom distinctive backgrounds, culturesand races—and in February, AfricanAmerican History Month, we celebrateour past and present efforts to promotediversity in the legal profession.
When NYCLA’s first members werepracticing in the early 20th century, thelegal field was male-dominated and les-bian, gay, bisexual and transgender(LGBT) issues were far from being at theforefront of discussion. In the last centu-ry, the legal field and NYCLA have comea long way, opening the doors to newareas of discussion from women’s rightsto LGBT and other issues. Today, fiftypercent of NYCLA members are femaleand, of course, NYCLA was in strongsupport of NewYork’s legislation legaliz-ing gay marriage.
Many of NYCLA’s committees sup-port the organization’s diversity goals.
For example, there is the Minorities andthe Law Committee, which examinesissues of relevance to minority attorneysand law students. It also oversees theHon. Harold Baer and Suzanne BaerMinority Judicial Intern Program, whichprovides stipends to law students ofcolor who are placed as interns with fed-eral and state court judges.
The Women’s Rights Committee helpsadvance the work of women in the legalfield in NewYork. It works to assureequal rights and opportunities for womenin the legal profession and the treatmentof women by the legal system. The AsianPractice Committee promotes legal andbusiness communications between NewYork and Asian countries. Members shareexperiences and insights about Asian law,interact with lawyers in Asia and growAsia-related practices.
As NYCLA celebrates the headway ithas made in promoting diversity, it com-mends other organizations in the NewYork City tri-state area, such as theMetropolitan Black Bar Association(MBBA), the Association of BlackWomen Attorneys, the Asian AmericanBar Association of NewYork, the IndoAmerican Lawyers’Association, theKorean-American Lawyers’Associationof Greater NewYork, LeGaL, the PuertoRican Bar Association and the SouthAsian Bar Association of NewYork, foralso seeing that people from diverse back-grounds have equal opportunity tobecome leaders in the legal community.We are proud to work together with theseorganizations aimed at diversity. Togetherwith MBBA, on Tuesday, February 21st,NYCLA will honor an African Americanleader in the NewYork legal communitywith the 10th annual Ida B. Wells-BarnettJustice award, named for Ms. Wells-Barnett, one of the first African Americanwomen to run for public office in theUnited States. I encourage you to turn topage three and visit the Calendar sectionof nycla.org for more details on the eventand to read about the award recipient. Wehope to see you there.
In the meanwhile, please share with mehow you are promoting diversity bytweeting me @NYCLAPres, and visitnycla.org to join a Committee and helpeffect change in the legal profession.
Is Access to Justice Being Jeopardized?
N E W Y O R K
COUNTY LAWYERFebruary 2012 Visit us at www.nycla.org Volume 7 / Number 9
Celebrating Diversity I N S I D E
T A B L E O FC O N T E N T S
Stewart D. AaronPresident, New York County
Lawyers’Association
Balancing MultipleGenerations at Work
Pg. 12
Is Access to JusticeBeing Jeopardized?
Pg. 1
What’s Your 2012Website Resolution?
Pg. 6
Back to the Future:Law & Technology inthe New Year Pg. 13
Award Benefiting Pro Bono Program......13Balancing Multiple Generations at Work 12Career Resolutions.....................................7CLE Institute..............................................4CLE Programs............................................4CLE Tech Programs.................................10Commerical Litigation Treatise ...............11Committee Challenge ..............................13Committee Connection ............................13Committee Meeting Schedule..................13Environmental Law Committee News.....12Ethics Hotline ............................................5Events Calendar .........................................2Federal Courts Committee News.............12Ida B. Wells-Barnett Justice Award ...........3Judicial Budget Cuts ..................................1Law & Technology in the NewYear........13Library......................................................10Member Discount ......................................6Member News............................................6Message from Barbara Moses, President ofthe NYCLA Foundation .........................3
Message from Stewart Aaron, President ofNYCLA ..................................................1
Multilingual Lawyering Committee ........13NYCLA In the News .................................2NYCLA Mentoring Program.....................4Professional Liability Insurance ................6Public Policy Initiative...............................3Publications..............................................11Race, Law, and Gender..............................5Recent Events ............................................8Twitter—what’s Tweeting........................12Website Resolutions...................................6Young Lawyers ........................................14Young Lawyers’ Section Events ..............14(See Access to Justice on page 14)
February 2012 / The New York County Lawyer2
FebruaryNYCLA Meet-Up: Tech Trends 2012February 2 – 6:00 p.m.Find out the latest developments intechnology and ways to utilize it inyour day-to-day life.Speakers: Matthew F. Knouff, GeneralCounsel & eDiscovery Counsel,Complete Discovery Source; Fred Cohen,Esq., Founder and CEO, Amicus CreativeMedia; James Alexander, CEO andFounder of Vizibility, Inc.Members only
Public Forum: The 13th AnnualFINRA Listens…and SpeaksFebruary 6 – 5 p.m.Open to the public
“In Chambers”February 17 – 12:30-1:30 p.m.Host: The Honorable Debra AnnLivingston, Associate Judge of the U.S.Court of Appeals for the 2nd CircuitMembers only
Special Event: In Honor of BlackHistory Month – Ida B. Wells-BarnettJustice Award ProgramFebruary 21 – 6:00 p.m.Open to the public
Social/Networking Event: The NYCLASquaresFebruary 23 – 6:00 p.m.Find out what’s happening at NYCLAthrough an interactive Hollywood stylegame show.Members only
March“In Practice”March 6, 2012 - 12:30-1:30 p.m.Host: The Manhattan District Attorney’sOfficeMembers only
Public Forum: Getting on theCatwalk: Careers for Lawyers inFashion LawMarch 8 - 6:00 p.m.Panelists: Barbara Kolsun, GeneralCounsel & VP, Stuart Weitzman, LLC;David Faux, Law Offices of David Faux;and Heather McDonald, Baker HostetlerLLP. Event Chair & Moderator: QuinnTaurman (NY Law School)Open to the public
Practice of Law: Legal Ethics YouNeed to KnowMarch 15 – 6:00 p.m.An inside look at the attorney disciplinaryprocess and the new Rules of Conduct,how to avoid disciplinary complaints andhow to respond to disciplinary complaints.Speaker: Lewis Tesser, Esq.Members only
NYCLA Meet-Up: Advance YourCareerMarch 28 – 6:00 p.m.Meet with career experts to learn every-thing you need to know to grow yourcareer, change jobs or land a job.Members only
EVENTS CALENDAREvents are subject to change; please check the Association’s website,
www.nycla.org, for schedule changes and additions.
To Advertise inNew York County Lawyer,
Call 631-427-7000
Stay TunedPublic Forum: “Non-TraditionalCareers for Lawyers”Co-Sponsor: Brooklyn Law School
Social/Networking: ScotchTastingCo-Sponsor: The Scottish BarAssociation of NY
RSVP Todaywww.nycla.orgUnless noted, events are free andheld at NYCLA Home of Law,14 Vesey Street
NYCLA In The NewsA round-up of recent national and local news stories
featuring NYCLA and its members.
New York Law JournalBar Leaders Say Plan Reflects Courts’Needs, Fiscal RealityDecember 2, 2011NYCLA’s President, Stewart D. Aaron,is quoted in this article about theimpact of state and federal court budg-et cuts.
Thomson Reuters News & InsightBudget cuts causing delays, crowdingin NY courts, witnesses sayDecember 2, 2011The article features insight obtained asa result of NYCLA’s public hearing onthe impact of state and federal budgetcuts, and quotes testimony from familylaw attorney Briana Deney.
NY1 NewsPush for Better Judicial BudgetsDecember 7, 2011Inside City Hall’s Errol Louis askedStewart Aaron, Michael Miller, formerNYCLA president, Briana Denney, apartner in the law firm of Newman andDenney P.C., and Glenn Spiegel, apartner at the law firm Newman FerraLLP, about the budget concerns forstate and federal courts.
New York PostArraign in the neckDecember 12, 2011An article on NewYork City arrest-to-arraignment times highlights testimonyfrom lawyer Irwin Shaw given atNYCLA’s hearing on budget cuts.
New York Law JournalNYCLA Poll Finds Courts Are‘Compromised’ Due to CutsDecember 14, 2011Results of NYCLA’s survey on theeffect of court budget cuts are featured.
Thomson Reuters News & InsightSurvey: Budget Cuts having ‘profound’effect on court systemDecember 14, 2011The article highlights NYCLA’s surveyon judicial budget cuts and the taskforce’s work to restore court funding.
New York Law JournalJudge Should Not Be Used As EasyTargetDecember 19, 2011This letter to the editor from NYCLA’sPresident, Stewart D. Aaron, was pub-lished in response to MayorBloomberg’s attack on Judge EvelynLaporte who released Lamont Pridedespite a North Carolina warrant priorto his shooting of NYPD Officer PeterJ. Figoski.
Wall Street JournalBudget woes squeeze federal courts inNYCDecember 27, 2011The article, mentioning NYCLA, dis-
cusses the pattern of recent court budg-et cuts
The Daily RecordNewYork Ethics Committee onLawyers’ Use of Social Media DuringTrialsJanuary 4, 2012Social media use during trials is high-lighted in this article that citesNYCLA’s Committee of ProfessionalEthics address of the issue.
Brooklyn Daily EagleFamily Court in CrisisJanuary 10, 2012Article on State Bar hearings address-ing issues related to the family courtsystem mentions Stewart D. Aaron,president of NYCLA, will make open-ing remarks at January 10 hearing.
The Metropolitan Corporate CounselLetter From The President Of The NewYork County Lawyers’AssociationJanuary 16, 2012A letter from NYCLA President,Stewart D. Aaron on the Association’sdiversity efforts is featured on this pub-lication’s website.
New York Law JournalGovernor Reacts Positively toJudiciary’s Spending PlanJanuary 18, 2012NYCLA’s concerns over the impact ofcutbacks are featured in this articlewhich includes a quote from NYCLA’sPresident, Stewart D. Aaron.
Thomson Reuters News & InsightsTwo reports, one conclusion: NYcourts hit hard by budget cutsJanuary 19, 2012This article focuses on NYCLA’sreport on the judicial budget cuts andthe NewYork State Bar’s report.
New York Law JournalNYCLA Is Latest Bar Organization toExpress Concern About CutbacksJanuary 20, 2012This article mentions how NYCLAissued a report on the judicial budgetcuts
Times Herald-RecordJustice is not served when state cutscourts’ moneyJanuary 21, 2012This article mentions how NYCLAissued a report on the judicial budgetcuts
Thomson Reuters News & InsightsNewYork State Bar conference tacklesbudget cuts, counsel for immigrantsJanuary 24, 2012This article which focuses on the NewYork State Bar’s conference and it’sefforts to tackle budget cuts, mentionsNYCLA’s budget cuts report.
Would you like to be featured in NYCLA In the News? For consideration, sendarticles that feature you to Ariella Greenbaum at [email protected].
February 2012 / The New York County Lawyer 3
Dear Friends:
In my capacity as President of theNewYork County Lawyers’AssociationFoundation, I have frequently used thisspace to ask NYCLA members to sup-port our programs and services withdonations to the Foundation. Thismonth, I want to use the same space tothank you for responding generouslythroughout 2011, and to tell you a littlebit about what the Foundation is able todo with your donations.
The Foundation raised over $60,000for the Second Century Fund, the EdithSpivack Fund, and the Honorable HaroldBaer and Dr. Suzanne Baer MinorityJudicial Internship Program in the yearended December 31, 2011. Contributionscame in all sizes and from all segmentsof the NYCLA community, includingsolo practitioners, members of small,medium and large firms, governmentlawyers, public defenders, law schoolprofessors, and judges. The Foundationis grateful for each and every donation.[We owe a particular debt of gratitudeto James B. Kobak, Jr., NYCLA’s imme-diate past president, and to theHonorable Margaret J. Finerty, a long-time NYCLA member now serving onnumerous committees and task forces,for their substantial – and thoughtful –gifts to the Foundation this year.]
Thanks to your donations, theFoundation was able to make a meaning-ful grant to the Association at the end of2011. And that money (together withdues revenue and payment of pledgesmade during our recent capital cam-paign) is hard at work. The Minorities& the Law Committee is already inter-viewing applicants for the 2012 Baerinternships. Project RESTORE – ourhighly successful pro bono programhelping ex-offenders obtain the licensesthey need to secure gainful employmentand avoid recidivism – is not merelythriving; it has been singled out forappreciation by the Criminal JusticeSection of the NewYork State BarAssociation, which is making its owndonation to the program. The NYCLATask Force on Judicial Budget Cuts con-tinues to shine a bright light on the real-world impact of the $170 million in cuts
absorbed by NewYork’s court systemsince last year. And NYCLA is movingforward with the next phase of its soft-ware upgrade, bringing its computer sys-tem and website into the 21st Century.
To show your support for the programsthat make us proud to be members ofNYCLA, you can simply go towww.nycla.org and choose “Giving toNYCLA.” You can also mail a check,payable to the “NYCLA Foundation,” toNYCLA Foundation, 14 Vesey Street,NewYork, NY 10007. We are gratefulfor every contribution and are pleased tosay “thank you” with a selection ofDVDs, books, prints and other gifts,described on our website.
NYCLA needs both your support andyour ideas. Please do not hesitate to con-tact me with suggestions for fundraisingor related topics. You can reach me [email protected]
Sincerely,Barbara MosesPresident of the NYCLA
Foundation
MESSAGE FROM BARBARA MOSESPRES IDENT OF THE NYCLA FOUNDAT ION
The New York CountyLawyers’ Association congratu-lates Loretta E. Lynch, UnitedStates Attorney for the EasternDistrict of New York, for beingselected to receive the 10thannual Ida B. Wells-BarnettJustice Award. Each yearNYCLA along with theMetropolitan Black BarAssociation present the Award,named for Ms. Wells-Barnett,one of the first African
American women to run forpublic office in the UnitedStates, to a woman of color wholife reflects her spirit and coura-geousness by distinguishingherself in the right for racialand gender equality. The 10thannual award presentation willtake place on Tuesday, February21, at the Home of Law, 14Vesey Street, Manhattan at 6p.m. — all are welcome toattend.
Public Policy InitiativeThe NYCLA Civil Rights and
Liberties Committee (CRLC) submit-ted letters of support to both PublicAdvocate Bill de Blasio andCouncilman Dan Garodnick (Dist. 4),sponsors of proposed City CouncilBill INT 0072-2010, authorizing theCivilian Complaint Review Board(CCRB) to prosecute cases of policemisconduct CCRB has substantiated.
The proposed bill: AuthorizesCCRB attorneys to prosecute substan-tiated police-misconduct cases.Chair, Louis Crespo noted, “havingCCRB prosecute cases of allegedpolice misconduct is an important his-toric development because the pro-
posed bill acknowledges the principalpurpose of the CCRB—an independ-ent oversight agency responsible forfielding and investigating complaintsof police misconduct.”
It also gives the Board the prosecu-torial authority as the NYPD advo-cate’s office, but reserves final deci-sion making with the Commissionerof the NewYork City PoliceDepartment.
And it provides NewYorkers with astronger and independent CCRB,allowing the agency to investigate seri-ous complaints of police misconductthat have been substantiated by CCRB.
The CRLC supports the proposedbill because it will re-engineerCCRB for the public benefit.Moreover, the proposed bill willfurther public trust from all NewYorkers, who appreciate the com-plex challenges that NYPD officersconfront every day to keep our com-munities safe. The CRLC believesthe proposed bill furthers thedynamic of police and community.Granting CCRB authority to prose-cute police misconduct cases willundoubtedly serve and preserve thepartnership of community andpolice and maintain a high level oftrust between them.
Ida B. Wells-Barnett Justice AwardPresented to United States Attorney
NewYork County Lawyer is published
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NEW YORKCOUNTY LAWYER
Stewart D. AaronPresident
Sophia J GianacoplosExecutive Director
Melissa J. YahreAssistant Executive Director ofMarketing and Membership
Development
Ariella GreenbaumEditor
Senior Communications andSocial Media Manager
New York County Lawyer ispublished by
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Mailing address: 149 Main Street,Huntington, NY 11743.
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Happy New Year FromNYCLA’s CLE Institute
Matrimonial and Family LawOn Wednesday, February 15, we willpresent the 2012 Matrimonial andFamily Law Institute. Program co-chairs George Santana, The Law Firm ofGeorge M. Santana, PC and ElliottScheinberg, Esq., have developed a fullday program highlighting the hot buttonissues and insights into key developmentstaught by a distinguished faculty includ-ing: Hon. Jonathan L. Bing, formerNYS Assemblyperson; DoloresGephardt, McCarthy Fingar LLP; DavidGilman, Esq. ; Neil Kozek, KramerKozek, LLP; Ralph Randazzo, Randazzo& Randazzo LLP; Fred Schneider, Esq.;andMichael Stutman, Mishcon de ReyaNew York LLP. Additional speakers to beannounced. Some of the topics to be dis-cussed include:
• Nuance Practice Between Family andSupreme Court in Child CustodyMatters
• Role and Duties of Attorneys for theChild
• Marriage Equality Act: Benefits andPersisting Issues
• Recent Statutory Changes andDecisions Construing Them:Temporary Maintenance Guidelines,Counsel Fee Awards, AutomaticModification of Child Support;
• No Fault Divorce Law and EquitableDistribution Update
• Anatomy of a Law: How the NoFault Divorce Bill Finally BecameLaw
• Alternative Dispute Resolution andIts Impact on Matrimonial Practice,with Demonstration
For attorneys new to MatrimonialPractice, or for lawyers interested inexploring the field, don’t miss BasicMatrimonial Law, a two-evening pro-
gram chaired by Charlotte Lee, Esq. onMarch 21 and 28. Learn how to handlethe initial contact with a client; grounds,jurisdiction and service; handling uncon-tested divorces; financial issues and state-ment of net worth; orders of protection,domestic violence and abuse; agreementsincluding prenuptial, separation and stipu-lation of settlement; child support andcustody; equitable distribution and con-tested divorces.
LitigationOn February 8, the CLE Institute wel-comes back Program Chair RonaldBurke, Kelner & Kelner, who will pres-ent the ever popular Anatomy ofDeposition with faculty members JohnHalebian, Lovell, Stewart Halebian, LLP;Douglas Halstrom, L’Abbate, Balkan,Colavita & Contini LLP; andJay Safer, Locke, Lord, Bissell & LiddellLLP. Since many personal injury andcommercial cases are either won or lostduring the deposition phase, gain practicalguidance and learn the basic depositionskills, as well as techniques for handlingcommonly encountered problems.Discover how to use depositions at trialand how to seek rulings from a trialjudge. A demonstration of how to conducta deposition is also re-enacted.Learn about the risk management issues ofmissing important court dates, as well ascalendaring considerations and the bene-fits of automated rules-based calendaringsystems when we welcome Joseph C.Scott, Esq. of ADERANT,www.aderant.com, www.deadlines.com topresent Calendaring as a RiskManagement Strategy on Thursday,February 2. Understand the malpracticecarrier considerations and mandatesincluding determining who has the ulti-mate responsibility for litigation calendarcontrol and back-up calendar controls andprocedures. A discussion will also be hadconcerning avoiding malpractice claimsby developing a formal risk managementprogram and embracing technologicaladvancements.
NYCLA’s CLE Institute will once againpresent Civil Trial Practice Institute: ABridge the Gap for Attorneys Interested inLitigation on Friday and Saturday March 9and 10. Program chairs Robert Kelner,Kelner & Kelner andHon RobertLippman (Ret.) have brought together an
extraordinary panel of judges, litigators andleading academics, to take you through theentire state civil trial process.You will learnways to develop and improve trial practicetechniques within the context of personalinjury, matrimonial and commercial litiga-tion. Confirmed faculty includes: CliffordAaron, London Fischer LLP;Hon.Richard F. Braun, Sup. Ct., NY County;Tracee Davis, Zeichner Ellman & KrauseLLP; Professor Richard T. Farrell,Brooklyn Law School; Stephen Gassman,Gassman, Baiamonte, Betts & Tannenbaum;Hon. Judith J. Gische, Sup. Ct., NYCounty; Sarah Jo Hamilton, Scalise &Hamilton; David Jaroslawicz, Jaroslawiczand Jaros LLC;Herbert Monte Levy,Esq.;Hon. Israel Rubin, GreenbergTraurig; Jay G. Safer, Locke Lord Bissell& Liddell LLP; Elliott Scheinberg, Esq.;Harold Lee Schwab, Lester Schwab Katz& Dwyer, LLP; Richard L. Spinogatti,Proskauer Rose LLP; Barry Temkin,Mound CottonWollan & Greengrass;Hon.Louis York, Sup. Ct., NY County.Additional faculty will be announced.
Real Estate and Construction LawNYCLA’s Construction Law Committeehas been exceptionally busy planning CLEprograms of interest to its members andtheir clients, as well as other attorneysinterested in the field. On January 30, theypresent Construction Site Consultants:The Project Team Beyond/Behind the
Owner, Contractor and Architect. Apanel of experts will discuss the rolesplayed by consultants on constructionprojects, including expeditors, schedulersand accountants who specialize in con-struction accounting. Learn from theexperts what goes on behind the scenesand beyond the customary players of own-ers, contractors and architects. Then onMonday, February 7 join the Committeefor Public Contracting.
NYCLA’s CLE Institute and theCommunity Housing ImprovementProgram (CHIP) will co-sponsor a morn-ing program on February 29 on Dealingwith Unusual Landlord/TenantSituations, for example what to do whena tenant dies in a landlord’s apartmentbuilding, or how to handle the lease of atenant who is called into military service.
On Thursday morning, March 8NYCLA’s CLE Institute will co-sponsor aprogram with the Rent StabilizationAssociation (RSA) on Purchasing RentRegulated Property. Be sure to checkour website for additional details.
TaxationThe Taxation Committee of the NewYork County Lawyers’Association, inconnection with Hodgson Russ LLP andKostelanetz & Fink LLP, is pleased to
February 2012 / The New York County Lawyer4
CLE Institute
NYCLA’s Mentoring Program hasreceived the 2011 Bar LeadersInnovation Award in the Large BarCategory from the NewYork StateConference of Bar Leaders ExecutiveCouncil.
The awards are presented annuallyto honor local NewYork bar associa-tions for their innovative and creativeprofessional and public service pro-grams. Earamichia Brown,Metropolitan Transportation AuthorityOffice of the Inspector General, Chairof the NewYork State Conference of
Bar Leaders, stated that “Bar associa-tions serve and educate the publicwith innovative and timely programsthat make a real difference in theircommunities. We are excited to honorthe bar associations that help thegreater good and improve public con-fidence in the justice system.”
The 2011 awards were presented atthe Bar Leaders Breakfast, held dur-ing the NewYork State BarAssociation’s Annual Meeting onFriday, January 27, 2012.
NYCLA Mentoring ProgramWins 2011Bar Leaders Innovation Award
NYCLA’s CLE Institute kicks offthe new year with a full roster ofprograms designed for attorneys atall levels of their careers and indiverse practice areas. Register forany program at www.nycla.org
(See CLE on Page 5)
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February 2012 / The New York County Lawyer 5
CLE Institute
present the timely CLE program HotTopics and Important Developments inNew York State and City Taxation onTuesday evening, February 7. Counselfor companies, residents and nonresidentsdoing business in NewYork should notmiss our government and private sectorexperts as they discuss a broad range ofimportant topics such as recent develop-ments in NewYork residency audits;recent developments in NewYork combi-nation issues for corporate taxpayers; adiscussion on NewYork’s new taxwhistleblower statute and an update fromthe Office of the NewYork StateTaxpayer Rights Advocate.
Future Taxation ProgramsPrograms include Tax Audits and Howto Avoid Them on March 5 and NYSVoluntary Compliance Disclosure onMarch 12.
Law Practice and TechnologyNYCLA’s CLE Institute welcomesStephanie L. Kimbro, author of VirtualLaw Practice: How to Deliver LegalServices Online, ABA/LPM Publishing(2010) and Virtual Law Practice.org Blogon January 31 to present How to Be aVirtual Lawyer, Co-sponsored byNYCLA’s Cyberspace Committee. Ms.Kimbro will discuss how to deliver legalservices online by creating a virtual lawoffice that is either completely web-basedor by integrating a virtual law office intoa traditional practice. Topics to be coveredinclude: setting up a virtual law office;unbundling legal services;marketing a virtual law office; the use ofsocial media; cloud computing; and bestpractices for on-line delivery of legalservices. Ethics issues related to deliver-ing legal services online will also be cov-ered, including: unauthorized practice oflaw, multijurisdictional law firms, defin-ing the scope of representation; authenti-cating client identity; determining clientcompetency; duties to prospective clients;establishing the attorney/client relation-ship online; and taking online payments.
NYCLA’s Ethics InstituteNYCLA’s Ethics Institute will be co-sponsoring a number of programs thiswinter including: Ethical Issues inIntellectual Property on February 2(rescheduled from an earlier date): Likemost practitioners, IP lawyers face a con-stant and varied array of ethical issuesevery day, but some ethical challenges aresomewhat unique to intellectual propertylaw. In addition, even those who do notconsider themselves an “IP lawyer” arelikely to have IP issues crop up in theirpractices, as more and more businessesmarket their products and services on theInternet, invest in unique and proprietarybusiness methods and core personnel,engage in international markets, and oth-erwise move toward monetizing theirunique and often intangible assets. Intoday’s climate, no lawyer should practicewithout an understanding of some of themore common IP-related ethical issuesthat are likely to arise – or that havealready arisen unnoticed.
Succession Planning for Attorneys andYour Clients on February 9: As the popu-lation continues to age more and moreattorneys and business owners are thinkingabout retirement and how to obtain valuefor the businesses or practices that theyhave spent their entire careers building.Join us for a practical program whichaddresses the issue of succession planningas a way to market the business/practiceand provide for retirement or survivorincome. Other topics to be addressedinclude the downside of failure to developa succession plan; identifying the goalsand objectives of the business owner/lawpractice partners; buy-sell agreements;funding the agreements; valuation of busi-nesses and practices and valuation meth-ods; ensuring successful transitions andavoiding problems.
Legal Malpractice and Its Avoidance:A Current Review, two session programon Feb. 22 and March 1(single sessionenrollment also available): Learn from apanel of experts about what constituteslegal malpractice and how best to avoidit. The program will cover such claims asbreach of fiduciary duty, professionalmisconduct, conflicts, the scope of theattorney-client relationship, determininglegal competency and more. Specialattention will be paid to attorneys’ fees,calculations and justification for charges,as well as fee dispute resolution proce-dures. The program will also focus on thetypes of professional liability insurancepolicies available for legal professionalsand conclude with a discussion of a writ-ten proposal to establish an organizationexclusively focused on resolving fee dis-pute claims of $50,000 or greater inamount, legal malpractice, and breach offiduciary duty cases.
Ethics HotlineFebruary 1-15Bruce Kelly212-715-1080
February 16-29Gordon Eng203-769-8812
Please Note: Assignments are sub-ject to change.
Questions to the Hotline are limitedto an inquiring attorney’s prospec-tive conduct. The Hotline does notanswer questions regarding pastconduct, the conduct of other attor-neys, questions that are being liti-gated or before a disciplinary com-mittee or ethics committee, or ques-tions of law. This notation shall notbe construed to contain all Hotlineguidelines. For a full discussion ofEthics Hotline guidelines, please see“Guidelines on NYCLA’s EthicsHotline,” September 2006, NewYork County Lawyer, Vol. 2, No. 7.To view the article, visit NYCLA’swebsite at www.nycla.org, click onEthics (on the left-hand side of thepage) and then on Ethics Hotline.
CLE InstituteContinued from page 5
NYCLA’s CLE Institute is pleasedto welcome back the ever-popular lec-turer Gloria Browne-Marshall onMarch 7th from 6-8 p.m. at The Homeof Law, 14 Vessey Street, when shepresents Race, Law and Gender.
Professor Browne-Marshall is theDirector of The Law and PolicyGroup, an organization devoted toanalyzing the law and policies whichprimarily affect the lives of children,women and people of color. Theirfindings are disseminated throughcommunity outreach programs, policypapers, theater and film, publications,seminars and the media. One suchpolicy paper, Report on the Status ofBlack Women and Girls, is an ongo-ing look at the state of black femalesin America, focusing on their achieve-ments and challenges – even in the21st century.
Professor Browne Marshall is alsothe author of Race, Law and
American Society, which takes ahistorical look at the Supreme Courtand its significant decisions to linkthe continuing racial injustices stillprevalent in our society with slaveryand post slavery discrimination.
Through her work, ProfessorBrowne-Marshall hopes to bridge thegap between laws, policies and thepeople governed by them to bringabout true diversity and equality inboth the legal setting and the commu-nity at large. Professor Browne-Marshall is also an Associate Professorof Constitutional Law at John JayCollege of Criminal Justice who litigat-ed Civil Rights and Public Law casesfor the NAACP Legal Defense andEducational Fund, Inc., CommunityLegal Services, and Southern PovertyLaw Center, prior to entering acade-mia. She is the recipient of the 2009Ida B. Wells-Barnett Justice Award pre-sented by the NewYork CountyLawyers’Association.
Gloria Browne-Marshall to Speak onRace, Law and Gender
Save the DateRace, Law and Gender, March 7, 2012Civil Trial Practice Institute, March 9 & 10, 2012Ethics and Real Property Law, March 27, 2012
February 2012 / The New York County Lawyer6
One of the most critical forms ofinsurance that you should have as a prac-ticing attorney is Professional LiabilityInsurance. The purpose of the coverageis to protect you, the practitioner againstinadvertent errors made by you, yourpartners or employees during the conductof your practice which could give rise toliability on your part.
It’s not the purpose of this note to tellyou everything about this coverage butrather to give you some of the highlights.To begin with, there is a quite lengthyapplication which must be completedfully and accurately. Coverage can beobtained through using the services of abroker, hopefully one who really knowsthe professional liability marketplace, or,in some cases, through the designatedmanager of a particular insurance com-pany’s program.
Highlights of coverage include:
• Claims made as opposed toOccurrence
• Defense in addition to the limit ofliability (offered by many insurancecarriers)
• Any costs expended in defending an
action do not erode the policyindemnity limit
• Choice of deductibles on the indem-nity side. Where the expense limit isseparate from the indemnity, there isno deductible against the expenses—they are covered from first dollar
The primary determinants of cost are:
• Limit of Liability• Liability Deductible• Area of Practice: some areas are con-sidered very high risk e.g. entertain-ment
• Royalty, public offerings and manyothers. Some are considered lowrisk e.g.• Defense work, estate taxes, realestate closings and others
• Prior claims experience• Office risk management• Number of lawyers
Again, completion of the applicationaccurately is one of the keys to havingyour insurance placed in a first line carri-er and at competitive rates. Always askyou broker for help if you have anyquestions. That will make the placementprocess a smoother one.
Membership
Save with Geico, NYCLA’sNewest Member Discount!
Geico and NYCLA have teamed up to save you money on car, home,renters insurance and more! Get your free no-obligation quote today bylogging in with your user name and ID # at www.nycla.org and clickingon “Members Only – Benefits.”
Professional LiabilityInsurance for Lawyers
With the NewYear here, you’ve proba-bly already started with your NewYear’sresolution. Like many, you might havevowed to drop a few pounds or eat outless. And while NewYear’s resolutionsare generally related to personal better-ment, it is also a good time to refocus onmarketing initiatives, such as websitedevelopment or maintenance, which oftentake a back seat to the “billable work”during the course of the year.
At the core of your website’s successlies your content strategy. The informa-tion on your site is a reflection of yourpractice and a showcase of your expertise.Website content is also the most signifi-cant factor in your site’s search engineranking and it can even serve to super-charge referrals.
EvaluateTo get started, evaluate the current con-
tent on your site. At the least you shouldhave a dedicated page with a few para-graphs of information (not just bulletedlists) for each of your practice areas. Tofurther enhance the site, consider addingfrequently asked questions pertaining tothe types of cases you handle.
Write RegularlyThe information on your site must also
be dynamic and frequently updated.Weekly blog posts are a great way tokeep your visitors engaged and furtherestablish you as an authority in your field.
Keep in mind that content does not
have to come in the form of a sixty pagebrief; short blog posts, a two paragrapharticle you wrote for the local paper, suc-cess stories and even links, with insightfulcomments, to externally hosted articlescan make a huge difference.
Stay on TrackTo help you stay on track, create an out-
line of topics you might write on, thenschedule a time each week where you willtackle one of these posts. Treat your writ-ing time just as if it were a client appoint-ment and don’t double-book. If you can’tmake time to write frequently, enlist thehelp of your staff, or consider checkingout a content library like AmicusCreative’s Insight in Motion which givesyou access to hundreds of editable articlesthat can easily be posted to your site.
As with any NewYear’s resolution, asound content strategy takes time andcommitment. However, if you are stead-fast in your resolve to improve you web-site, you’ll undoubtedly see results thatwill lead to a bountiful 2012.
Matthew F. Knouff,General Counsel &eDiscovery Counsel, Complete DiscoverySource and Fred Cohen, Esq., AmicusCreative Media, are speakers at ourTechnology Trends Meet-Up, taking placeon Thursday, February 2 at 6 p.m. Attendthis event to learnwhat tools are availableto you for managing your online presence,how to get your website work for you andmore. Register now on nycla.org and start2012 on the cutting edge!
What’s your 2012 Website Resolution?
February 2012 / The New York County Lawyer 7
By Robert Half Legal
Every NewYear begins with the best ofintentions, as career-minded professionalstake stock of how far they’ve traveledtoward their goals and where they hope togo from here. The key to realizing ambi-tious goals hinges on breaking them downfrom sweeping changes into smaller com-ponents. Consider, for instance, thesecommon career-related resolutions, alongwith suggestions for enhancing yourchances of making them a reality in 2012:
‘I want to find a new job.’ The begin-ning of a new year is the perfect time torevisit your resume and make sure itreflects the most notable accomplish-ments or changes that occurred in yourwork life during the past year. Focus onother aspects of your job search, such asbuilding your LinkedIn profile,researching new job opportunities andarranging meetings with business con-tacts, including recruiters who special-ize in your field.
‘I want to advance my career.’Whenopportunities for promotion are limited,as they have been lately in many legaloffices, you may have to go on the offen-sive to advance your career. Meet withyour boss or the managing partner toidentify areas for improvement andestablish career objectives. In addition,look for opportunities to take on projectsbeyond your job description that willallow you to raise your profile withinyour office and increase your value toyour employer.
‘I want a raise.’ Set up a meeting withyour manager to discuss your recentcontributions and how you’ve addedvalue, especially during the recession.Make sure you’re up-to-date on the lat-est salary trends by consulting industryresources such as the annual SalaryGuide from Robert Half Legal to deter-mine average pay rates for someone inyour position. Then, present a businesscase to your supervisor for why youdeserve a boost in pay.
Keeping Your CareerResolutions in 2012
Save The DateNYCLA Meet-Up: Advance Your Career
March 28, 6 p.m.
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February 2012 / The New York County Lawyer8
Recent Events
NYCLA’s 93rd Annual Dinner CelebratesLegal Compliance and Enforcement
The dinner was a magical evening that honored
pioneers in legal compliance. Attendees listened
to a jam-packed program and networked
throughout the night.
Over 30 corporate compliance officers were honored for the service and dedication to the field.
Hon. Preet Bharara, United States Attorney forthe Southern District of New York presented time-ly remarks about compliance and our honorees.
Joe Drayton (right),NYCLA BoardMember andPresident of theMetropolitan BlackBar Association min-gles with Hon. PreetBharara (left), UnitedStates Attorney forthe Southern Districtof New York andHon. Theodore D.Jones (right).
Mary JoWhite (right), Former United States Attorneyfor the Southern District of NewYork and partner atDebevoise & Plimpton LLP, receives herWilliam NelsonCromwell Award from Hon. Barbara S. Jones (left).
Rosalind S. Fink (center, bottom), the first womanPresident of NYCLA and Of Counsel at Brill & Meisel,winner of the Boris Kostelanetz President’s Medal iscongratulated by Hon. Shira A. Schiendlin (back left),Rita Warren (far right) and Herbert Rubin (far left).
February 2012 / The New York County Lawyer 9
Recent Events
The day after the dinner, NYCLAPresident, Stewart D. Aaron(right) spends time sharing thevision of the organization withAmerican Bar AssociationPresident, William T. RobinsonIII (left).
NYCLAWelcomesAmerican Bar President
Judicial Budget Cuts
Lori Cohen (left), Partner, Cohen and Funk, PC shares information about the budgetcuts and the impact of state budget cuts on the criminal justice system.
Hon. Joan Madden(left) and Hon.George Bundy Smith(right) listen to testi-mony about impactof state court budg-ets on the criminaljustice system.
Hon. Loretta A. Preska (left), Chief Judge, United States DistrictCourt, Southern District of New York and Edward Friedland (right),District Executive, Southern District of New York share testimonyabout the impact of budget cuts on the Federal Courts.
February 2012 / The New York County Lawyer10
NYCLA’s Library can help you meetyour research needs! The library main-tains a collection of resources gearedspecifically to meet the needs of thepracticing bar—visit nycla.org toaccess our virtual resources or stop by14 Vesey Street to use the library’sfacilities.
To make suggestions about book, e-book or database purchases, call AnnaSmallen or Dan Jordan at 212-267-6646ext. 204, or e-mail [email protected] [email protected].
Featured Internet Site
Bureau of Justice Statistics(http://bjs.ojp.usdoj.gov/)• The U.S. government’s source forcriminal justice statistics which aimsto collect, analyze and publish infor-mation on crime, criminal offenders,victims of crime and the operationsof justice systems on all levels ofgovernment;
• Did you know that illegal immigra-tion was the fastest growing criminaloffense from 2005-2009? View datalike this right from the site’s homepage. Not only can you view FederalJustice Statistics, but you can pullcapital punishment statistics such asduring 2005, 42 percent of peoplesentenced to be executed wereAfrican American and 56 percentwere Caucasian. Since AfricanAmericans were only about 12 per-cent of the population, according tocensus figures, the numbers are notas good as they look at first glance.2010 execution figures were recentlyadded to the site and the percentagesby race only vary by one percentagepoint;
• Major topics of collected statisticsinclude: Corrections. Courts, CrimeType, Criminal Justice, DataImprovement, Employment andExpenditure, Federal LawEnforcement and Victims;
• Each topic and subtopic has a pagewith general information about thetopic; methods of collecting data;and charts with key facts anddetailed spreadsheets;
• Pull PDF files or access older reportsin hard copy.
New Editions
Collier Bankruptcy Pamphlets, 2012 edi-tion (Thompson West).
Handling the DWI Case in New York,2011-2012 edition (Thomson West).
New York Red Book, 2011 edition (NewYork Legal Publishing Corporation).
Opinions of the New York State AttorneyGeneral, 2011 edition (NewYork LegalPublishing Corporation).
Residential Landlord and Tenant Law inNew York, 2011-2012 edition (ThomsonWest).
Newly Updated
Bender’s Federal Practice FormsRelease number 139 (LexisNexisMatthew Bender).
Bender’s Forms of Pleading Releasenumber 119 (LexisNexis MatthewBender).
Criminal Law in New York, 4th edition,2011-2012 Release (Thomson West).
Drafting New York Wills and RelatedDocuments, 4th edition, Release num-ber 42 with CD-ROM (LexisNexisMathew Bender).
Immigration Law & Procedure, revisededition, Release number 135 (LexisNexisMatthew Bender)
Employment Litigation in New York2011-2012 Pocket Parts and CD-ROM(Thomson West).
New Appleman New York InsuranceLaw, 2nd edition, Release number 34(LexisNexis Matthew Bender).
New York Civil Practice: MatrimonialActions Release number 81 (LexisNexisMatthew Bender).New York Law of Domestic Violence,2nd edition, 2011-2012 Supplement(Thomson West).
Practice Before Federal MagistratesRelease number 29 (LexisNexis MatthewBender).
Periodicals
2012 Legal Recruiters Directory: aSupplement to the American Lawyer(December 2011).
E-Discovery: Will Predictive CodingReplace Lawyers in Document Review,Litigation 2011: a Supplement to theAmerican Lawyer (Fall 2011).
In Pursuit of Equitable Disallowance,Corporate Restructuring and Bankruptcy:Special Report New York Law Journal(December 5, 2011).
Law Firm Leaders: Survey: SpecialReport, the American Lawyer (December2011).
Men’s Fatal Cancer Caused by Asbestos,suit alleged: Verdict $22,150,000 VER-DICTSEARCH New York (November 21,2011).
Summer Associate Rankings, theAmerican Lawyer (November 2011).
Terms Can Matter, CorporateGovernance: Special Report, New YorkLaw Journal (November 28, 2011).
LibraryELECTRONIC
RESEARCH CENTERCLE PROGRAMS
All programs are free to NYCLAmembers, unless stated otherwise.
Sign up today at www.nycla.org
February
Tuesday, February 14Westlaw: Advanced10:00 - 11:00 a.m.1 MCLE Credit: 1 Skills;Transitional
Westlaw: Employment LawResearch11:30 a.m. - 12:30 p.m.1 MCLE Credit: 1 Skills;Transitional
Wednesday, February 15Using Bloomberglaw.com forLitigation10:00 - 10:50 a.m.1 MCLE Credit: 1 Skills;Transitional
Using Bloomberglaw.com for aCorporate Transactional Practice11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills;Transitional
Thursday, February 16Lexis: Advance10:30 - 11:30 a.m.1 MCLE Credit: 1 Skills;Transitional
Lexis: Lexis for Microsoft Office12:00 - 1:00 p.m.1 MCLE Credit: 1 Skills;Transitional
Lexis: Court Link1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;Transitional
Wednesday, February 22U.S. Bankruptcy Court ElectronicCase Filing System10:00 a.m. – 12:30 p.m.2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35
Tuesday, February 28Westlaw: Intermediate1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;Transitional
Westlaw: NY Materials3:00 - 4:00 p.m.1 MCLE Credit: 1 Skills;Transitional
New Library Computers
Stop in and use one of thelibrary’s 25 new desktop com-puters, configured with Internetaccess, Lexis, Westlaw, Word,Adobe Acrobat, or bring yourown device and use our WiFi.
February 2012 / The New York County Lawyer 11
Critical Acclaim for Third Edition of NYCLA’sCommercial Litigation Treatise
The Third Edition of CommercialLitigation in New York State Courts, ajoint venture of NYCLA and ThomsonReuters, was recently published. Thecritical acclaim for the Third Edition hasbeen extraordinary, and NYCLA is proudto share some of the recent book reviewswith it’s members.
New York Law Journal: The reviewof the Third Edition in the New YorkLaw Journal concluded that “[t]histreatise is an extraordinarily usefulreference for practitioners in bothupstate and downstate practices, nomatter the size of the firm, and nomatter the simplicity or complexity ofthe lawsuit. Written largely by practi-tioners from large firms, it containssophisticated advice that will be help-ful to even experienced advocates.The set was designed, however, tomeet the needs of the small firm orsolo practitioner as well. In fact, itmay be even more valuable to thosepractitioners who do not handle com-mercial cases on a regular basisbecause the authors present, in a high-
ly accessible manner, everything acommercial litigator needs to know toadvocate in the state courts.”
New York State Bar AssociationJournal: Similarly, the review in theNew York State Bar Association Journalstated that the Third Edition “offers thereader the latest insights and aids fromour most seasoned practitioners in thearea” and commended “the first-rateauthors’ extraordinary product.”
NYSBA Commercial and FederalLitigation Section Newsletter: Anotherreview in the New York State BarAssociation Commercial and FederalLitigation Section Newsletter describedthe authors as “distinguished jurists anda broad array of talented and experi-enced attorneys that reads like a Who’sWho of commercial litigators in NewYork State.”
Law Lines: Finally, the review inLaw Lines published by the LawLibrary Association of Greater NewYork, concluded: “This book is recom-
mended for large law firm library col-lections throughout the United States;and for solo and small firm practition-ers litigating in New York State. Forsolo and small firm litigators, this bookoffers enough ready access on bothsubstantive and procedural questions tomake it an ideal desk reference. Forfirm library collections, this book is anessential and well regarded treatiseoffering advice, tips, and counsel fromthe best collective legal minds availablein New York State.”
This six volume, 7,769 page treatisecontains the work of 144 principalauthors. Former NYCLA PresidentRobert L. Haig of Kelley Drye &Warren LLP serves as the Editor-in-Chief. The Third Edition is a step-by-step practice guide that covers everyaspect of a commercial case in NewYork State courts, from the investigationand assessment that take place at theinception through pleadings, discovery,motions, trial, appeal, and enforcementof judgment. Great emphasis is placedon strategic considerations specific to
commercial cases. The treatise also con-tains 38 substantive law chapters thatcover the subjects most commonlyencountered in commercial cases. Inaddition, there are hundreds of pages ofessential litigation forms and jurycharges in print and on a CD-ROM thatcomes with the set.
More information about the ThirdEdition of Commercial Litigation in NewYork State Courts is available by callingThomson Reuters at 1-800-344-5009 oronline at www.west.thomson.com.NYCLA members receive a 40 percentdiscount from the list price. All royaltiesfrom sales of the treatise and its annualpocket parts go to NYCLA.
Publications
February 2012 / The New York County Lawyer12
Federal Courts CommitteeComments on the ProposedLawsuit Abuse ReductionAct of 2011, H.R. 966
In mid-December, NYCLA’s FederalCourts Committee published a reportsupporting the position that theAmerican Bar Association adopted ear-lier in the year with respect to Rule 11of the Federal Rules of Civil Procedure.The report noted that NYCLA opposeslegislative efforts, such as the so-calledLawsuit Abuse Reduction Act of 2011,H.R. 966 (“LARA”), designed torestore Rule 11 to the pre-1993 lan-guage and structure of the Rule. LARAwould revise Rule 11 to remove theexisting 21-day “safe harbor” provisionthat requires an attorney seeking sanc-tions to send the draft motion to theopposing party.
The motion cannot be filed with thecourt for 21 days, during which time theopposing party can attempt to cure thealleged Rule 11 violation. It would alsomake the award of fees and costs arisingfrom a victorious Rule 11 motionmandatory and automatic. Such anaward is now discretionary.
Committee Connection
By Jennifer FitzPatrick, MSW, LCSW-C
Since mandatory retirement has longbeen abolished in most industries, we areliving in a time where there are multiplegenerations of employees workingtogether. Healthy seasoned octogenariansworking alongside college interns, andevery age group in between, can makefor a particularly generationally diverseworkforce. This age diversity in theworkplace presents challenges in areas ofcommunication, expectations, work ethicand abilities and strengths.
While multigenerational coworkersstruggle to understand each other, someof the most difficult situations involvemanaging a much older or younger staff.Younger managers sometimes categorizetheir older workers as slower and techno-logically deficient. Older managers tendto question younger employees’ experi-ence, maturity and work ethic.
Samantha, a newly hired 28-year oldvice president of a small company ismeeting with David, a 52-year old man-ager who reports to her. Samantha asksDavid to spearhead a project to create aFacebook page for their company. Davidresponds that he does not know muchabout Facebook but comments that histeenage sons use it all the time. WhenDavid asks why the company wouldwant a Facebook page, Samantha rollsher eyes and chalks this up to Davidbeing behind the times.
Robert is a 61-year old supervisor andis constantly receiving requests from histeam about working from home. Whilemuch of his team’s work does not haveto be done on site, he does not believe in
the concept. Since many of this staff arein their twenties and thirties and haveyoung children, he expects that muchwork won’t be getting done at home.Robert tends to have less confidence inemployees wanting flexible schedules.
What can Samantha and Robert do tobetter lead their employees of differentgenerations? Samantha would probablybest engage David if she approached theFacebook situation with patience andadditional training. Robert would likelyinspire the most loyalty with his team bybeing a bit more flexible. If Robert madean effort to put some work-life balancepolicies in place his staff might perceivehim as more reasonable and work evenharder to get their jobs done.
There are challenges from the subordi-nate’s perspective as well.
While it’s usually a mistake to under-estimate a younger manager, many olderworkers do. Sure, it’s possible that ayounger employee might have been hiredor promoted due to nepotism or otherunjustifiable reasons. But typically, thatyounger person is deserving of the posi-tion due to education, experience, leader-ship potential or other abilities.Regardless, it is important to judgeyounger managers on merit rather thanage. While a seasoned employee mayresent a younger person coming in andtelling him what to do, it is likely thisperson has something unique to offer.
Sometimes the resentment toward ayounger boss has more to do with theolder worker than anything the younger
(See Multiple Generations on Page 14)
NYCLA Environmental Law CommitteeUrges DEC to Modify
Marcellus Shale Drilling PlansDrilling could negatively impact water supply and availability, and air quality in and outside of NewYorkCity
NYCLA’s Environmental LawCommittee recently sent a letter to theNewYork State Department ofEnvironmental Conservation (DEC) inresponse to the Department’sSupplemental Generic EnvironmentalImpact Statement on the Oil, Gas, andSolution Mining Regulatory Program(SGEIS). The DEC’s Statement address-es drilling, high-volume hydraulic frac-turing (HVHF) specifically, for naturalgas in the Marcellus Shale which islocated beneath a large portion ofupstate NewYork. Renowned for itspristine watershed, wildlife and air qual-ity, the Marcellus Shale is a waterresource for NewYork City (NYC) anddrilling there in the methods proposedby DEC would adversely impact watersupplies, water availability and air quali-ty, both in and outside NewYork City.
Concerns the Committee addressesin the letter include:
• The proposed drilling setback of4,000 feet from the New YorkCity watershed, and a 1,000 feetsetback from the NYC subsur-face water-supply infrastructure.The Committee believes thatthese proposed setbacks are notsufficiently protective of theNYC watershed or water-deliv-ery system;
• The potential for spills of fractur-ing fluids and instances ofgroundwater contamination simi-lar to those that have occurred dueto HVHF in the Marcellus Shalein Pennsylvania;
• The need for increased scrutinyand public disclosure of the con-
tents of fracturing fluids;• New York State’s insufficientresources to adequately treatwastewater generated by HVHF(flowback). Allowing flowbackto be discharged into waterwaysin the Marcellus Shale couldadversely impact the neighbor-ing NYC watershed;
• Emissions from drilling activitiescould impact air quality in NYC
The Committee urges DEC toreview these concerns and not allowHVHF in the Marcellus Shale.Alternatively, the Committee requeststhat DEC revise the SGEIS to bettermitigate HVHF-related health andenvironmental concerns in and out-side of New York City.
Balancing Multiple Generations at Work
February 2012 / The New York County Lawyer 13
Cyberspace Law Committee Co-chairAllan Pearlman explains the developingfield of Cyberspace Law.
Cyberspace law is the growing area oflaw dealing with personal and professionalrelationships and commerce as they inter-act on the Internet, between mobiledevices and through GPS services. Casesoften overlap with many practice areasincluding intellectual property law, trade-mark, copyright and patent law. For exam-ple, the question of who can properly con-trol an Internet domain name often turnson whether a challenger to a registration –a late-bird trying to take away registrationfrom the early-bird who registered it first– has trademark rights in the disputeddomain name, arises. In this realm, canMick Jagger take control of<mickjagger.com> even though oneDenny Hammerton registered it first? Canthe company that makes the beer,Guinness Stout, take control of thedomain name <Guinness-beer-really-real-ly-sucks.com> even though someone elsedreamed up and registered this domainname first? Can former President Bill Clintontake control of the domain names <william-clinton.com>, <williamjclinton.com> and<presidentbillclinton.com> even though hewas not the early-bird, and someone elseregistered these domain names before hetried to do so?*
Cyberspace Law deals with contractissues, tax issues, cloud computing, priva-cy and security issues, privacy policies, e-
mail issues, brand protection on Facebookand Twitter and other social media plat-forms, Cybercrime (for example, sup-posed “Nigerian Princes” needing to gethelp moving millions of dollars), vote-counting technology, fashion law and bio-metrics to name a few.
We have witnessed the effect which theInternet, mobile phone and communicationstechnology have had on the economy, oncommerce, on politics and on our personaland professional lives. Who would have
imagined 15 years ago that one of the mostprofitable, powerful and influential compa-nies in the world would be an Internetsearch engine (i.e., Google**)? Or that themusic industry would be almost destroyedand then transformed by the Internet? (i.e.,Napster and kaZaa, followed byApple,iTunes, the iPod, iPhone, and iPad).
Ultimately, because the Internet, e-mail, and other mobile technologies haveand will continue to have such far reach-ing effects, lawyers need to be aware of
developments in cyberspace law. Ittouches, affects and relates to many ofthe rights which lawyers are hired toparse and protect.
A great way to learn more about thisgrowing field of practice is by joiningour Committee. The Cyberspace LawCommittee is made up of a lively andfriendly group of lawyers who work in awide range of areas of law. Some aredirectly involved in “cyberspace” issues,others are not but are curious, interested,and wanting to know more, whether tobuild or expand their practice, get helpdealing with some recently encounteredissue, or just satisfy some basic curiosi-ty. One additional advantage to joiningthe Cyberspace Law Committee andparticipating—it’s a great excuse to getout the office and play with cool gadg-ets!
*The answers, based on domain namedispute case decisions: yes, yes, and no.
** Some reasonably contend thatGoogle’s amazing financial success arisesfrom its role as the most successfuladvertising agency ever, rather than itsrole as Internet search engine.
NYCLA ReceivesAward from the NewYork State BarAssociation
Award Benefits ProBono ProgramOn January 26, NYCLA was
presented with an award of appre-ciation by the Criminal JusticeSection of the NewYork State BarAssociation at its AnnualLuncheon. To thank NYCLA forits past support of the Sectionwhen it was in dire financialstraits, $1,000 was donated tobenefit NYCLA’s Project Restoreprogram. The funds will benefitthis program which provides probono counsel to ex-offenders whohave been denied employmentlicenses as a result of adjudicatedcriminal history predating theemployment license application.
A Challenge to Committees to Change the Future
Committee Connection
Don’t miss these exciting award opportunitiesthat allow your committee to share their work andalso help the NYCLA community.
The Eppler Committee Report Prize is award-ed to the committee or section report that has hador may have the greatest impact in effectingimprovements in the law or in our judicial system,
or is the best committee/section report producedby the Association that year.
Kobak Prize for Committee Innovation Awardis a $500 annual prize awarded by the president-elect for a committee’s innovative program that hasa positive impact on the law, judicial system or theAssociation.
Projects completed by May 1, 2012 will be eli-gible for the prizes, which will be awarded at ourannual meeting. The prize winners will have thefunds to contribute to programs and activities tobenefit their NYCLA community.
Committee chairs, there is still time to imple-ment creative projects for 2012!
Meeting ScheduleDon’t miss NYCLA’s February Committee Meetings!
February 6 Law Related EducationFebruary 7 Supreme CourtFebruary 8 Membership
Judicial SectionFebruary 9 Justice Center
Animal LawFebruary 14 Health Law
CyberspaceFebruary 15 Women’s Rights
Law & Literature (Short stories by Anton Chekov)Criminal Justice Section
February 21 Civil Court Practice SectionImmigration
February 22 TaxationFamily Court & Child Welfare
February 23 Election LawFebruary 24 Committee on Pro BonoFebruary 28 Young Lawyers’ Section
As a NYCLA member you can join any committee you like. Join today atwww.nycla.org.
MultilingualLawyeringNYCLA’s NewestCommittee
The Committee examines accessto justice and international prac-tice issues involving multilin-gual clients, promotes the pro-fessional development of multi-lingual attorneys, connects mul-tilingual attorneys with probono projects and offers net-working opportunities to resi-dent foreign attorneys.
Log into www.nycla.org andselect Committees to join today!
Back to the Future: Law & Technology in the New Year
February 2012 / The New York County Lawyer14
Young Lawyers
Friday, February 17
“In Chambers”Host: The Honorable Debra AnnLivingston, Associate Judge of the U.S.Court of Appeals for the 2nd CircuitTime: 12:30-1:30 p.m.RSVP: http://bit.ly/y1dPS2
Thursday, February 23, 2012
Social/Networking EventThe NYCLA SquaresTime: 6 pmEvent Chairs: Lisa Gora (NY LawSchool) and Jason Stewart (BrooklynLaw School)RSVP: Visit our online calendar atwww.nycla.org
Tuesday, February 28, 2012
Section MeetingTime: 6:30 p.m.Location: Blank Rome LLP, 405Lexington Ave, ManhattanGuest Speaker: Tom Golden, FormerHiring Partner at Wilkie Farr & GalagherTopic: What Hiring Partners Look For InApplicantsRSVP: http://bit.ly/yD136x
Tuesday, March 6, 2012
“In Practice”Time: 12:30-1:30 p.m.Host: The Manhattan District Attorney’sOfficeRSVP: http://bit.ly/yIrp6Z
Thursday, March 8, 2012
Public ForumGetting on the Catwalk: Careers forLawyers in Fashion LawTime: 7:00 p.m.Confirmed Panelists: Barbara Kolsun,General Counsel & VP, Stuart Weitzman,LLC; David Faux, Law Offices of DavidFaux; and Heather McDonald, BakerHostetler LLP.Event Chair & Moderator: QuinnTaurman (NY Law School)RSVP: Visit our online calendar atwww.nycla.org
Tuesday, March 20, 2012
Section MeetingTime: 6:30 p.m.Location: Blank Rome LLP, 405Lexington Ave, ManhattanGuest Speaker: Lisa Backer (Brooklyn LawSchool), Andrew Gurman (Michael Lord &Co.) & Colleen Harp (Update Legal)Topic: State of the Legal Job MarketRSVP: http://bit.ly/yW2pdb
March 2012 (TBD)
Public Forum“Non-Traditional Careers forLawyers”Time: 7:00 p.m.Co-Sponsor: Brooklyn Law SchoolLocation: Brooklyn Law SchoolProgram Chair and Moderator: DorianneVan Dyke, Esq.RSVP: http://bit.ly/xY2UPS
Social/NetworkingScotch TastingTime: 6:30pmCo-Sponsor: The Scottish BarAssociation of NYLocation: Home of LawProgram Chair: Donald Mitchell, Esq.
Young Lawyers’ Section Events
manager has done. Reporting to ayounger manager can trigger feelingsof inadequacy, feeling “old,” and regretfor how an older worker’s career hasturned out. The older worker may thinkback to when he began his career andsecond guess choices. Older employeesstruggling with accepting their youngermanagers should focus on getting alongwith them and supporting them as theywould with any other boss. In manag-ing the situation, the older workershould consider:
Keeping an open mind about theyounger manager. Almost everyone weencounter at work can teach us some-thing. At the very least, most youngermanagers have fresh new ideas that caninvigorate the workplace.
Avoiding discussion of the youngermanager’s age. When an older workerstarts to compare the younger manag-er to his daughter or even grand-daughter, it can offend the youngermanager. Younger managers knowtheir age; they don’t need older staffreminding them.
Refraining from too many referencesabout the past. Harping on the way “it’salways been done” or they way things were
“before you were out of diapers” will notbe appreciated by the younger manager.
Making an effort to learn technologythat the younger boss uses. Not only willthis impress a younger manager, it willincrease the older subordinate’s skill set.
Accepting that this person is the boss.Ultimately if the older worker wants toremain in the position, an attitude shift iscritical in remaining employed or evenbeing promoted.
Younger workers also have a chal-lenge understanding their older man-agers. They find themselves frustratedwhen the older manager does notembrace technology, lives in the past ordismisses younger counterparts whenthey don’t recognize pop culture refer-ences of the past.
In working with a boss of an oldergeneration, younger employees shouldconsider:
Respecting the years of experience theolder manager brings to the table. Evenwhen an older boss acts in a way theyounger staff does not agree with, itshould be acknowledged that the decisionmay be based on past experiences fromwhich the older manager has learned.Understanding that “face time” may
be very important to an older manager.It is common for older bosses to be
less open to the trend of working fromhome because it was not somethingwith which they had ever becomecomfortable. If staff members do haveflexible schedules or work off sitefrom the older manager, they maywant to check in regularly and takesteps to reassure the older managerthat work is getting done.
Explaining current pop culture refer-ences without making the older employ-ee feel out of the loop. A twenty-some-thing who mentions something he sawon the latest reality show should take thetime to let his sixty-something boss in onthe joke.
Accepting that meetings and phonecalls may be preferred rather than texting,Skype, instant messaging and e-mail.While many older workers embrace tech-nology, some still favor more traditionalmodes of communication. Going with theflow on the boss’ desired communicationmethod will be appreciated by the oldermanager.
During this economic time, it is guar-anteed that we will continue to see mul-tiple generations collaborating at work.More retirees are reentering the work-force for extra cash and many olderadults are delaying retirement indefi-nitely. With more and more high schooland college graduates entering theworkforce every year, it is important for
workers of all ages to make an effort tounderstand and appreciate each other.
ABOUT THE AUTHORJennifer FitzPatrick, MSW, LCSW-C is
an author, speaker and educator. Founderof Jenerations Health Education, Inc.,she has more than 20 years’ experiencein healthcare. Jennifer is a frequentspeaker at national and regional confer-ences and is an Adjunct Instructor atJohns Hopkins University. Her new book,“Your 24/7 Older Parent” answers theprayers of those dealing with the care ofan elderly parent. For more informationon Jennifer FitzPatrick’s speaking, pleasevisit www.jenerationshealth.com.
Multiple Generations(Continued from page 12)
Access to Justice(Continued from page 1)
NYCLA SquaresEnjoy an evening of fun and net-working with the Young Lawyers’Section on February 23 at 6 p.m.
says Stewart D. Aaron, President ofNYCLA. “The experts who testifiedhelp the organization continue its workto enhance access to justice and deeperreforms. NYCLA’s Task Force onJudicial Budget Cuts, established lastyear, will continue to advocate for thereinstatement of budgets critical to theoperation of the courts and in turn, thequality of life of New Yorkers.”
Turn to page 2 and check outNYCLA in the News to see whichmedia outlets covered NYCLA’s effortsto advocate for restored court funding.
February 2012 / The New York County Lawyer 15
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