By Sally Kane, About.com GuidePublished: January 26, 2012

Do you believe you are underpaid atwork? Asking for a raise can be an intimi-dating process. However, armed withresearch, preparation and the simple tipsbelow, you can create a compelling casefor a salary increase.

Difficulty: AverageTime Required: Indefinite

Here’s How:

1. Determine the market value of yourposition.

Take some time to research the market valueof your job. Internet-based salary calculatorssuch as Salary.com and on-line resourcessuch as the U.S. Department of Labor’sOccupational Outlook Handbook may pro-vide helpful compensation information.Network with your peers at other law firmsand companies to determine what people inyour position at your experience level arepaid. Professional associations such as theAmerican Bar Association and NationalFederation of Paralegal Associations alsooften maintain salary information.

2. Research your firm’s compensationpractices.

Review the salary guidelines outlined in

company policies, employment hand-books, job descriptions and/or websitesto determine the pay range for employeesin your position. If compensation infor-mation is not published, talk to yourhuman resources department or managerto gain insight into the company’s com-pensation policies.

3. Develop your sales pitch.

Prepare and rehearse a presentation toyour employer outlining your value tothe company. Mention your accomplish-ments, awards and goals. Emphasize anyspecialized skills, knowledge or expertiseyou bring to the position that sets youapart from others. Provide concreteexamples, facts, figures, percentages andother hard data where possible. Save e-mails or letters in which clients, co-workers, vendors or others have com-mented positively on your work efforts.Demonstrate how you have transcendedthe boundaries of your position to addvalue to the company.

4. Select the right moment.

The best time to request a pay raise isimmediately after you saved the companymoney, received an award, completed alarge project or achieved some other note-worthy accomplishment. Likewise, if youhave just joined the firm or your recent per-formance has been less than stellar, you may

want to postpone your request for a raise.

Wait until your manager is in a goodmood and not busy with other pressingobligations. Research demonstrates thatMondays are typically not the best day toask for a raise.

5. Advocate your case.

Present your case for a raise to youremployer, supporting your position withtangible data and evidence of your valueto the company, if possible. Now is notthe time to be modest about your accom-plishments. You must toot your own horn.

Your attitude will set the tone for thenegotiation. Advocating your positioncalmly and rationally will advance yourcause further than raising your voice,arguing, being confrontational or givingultimatums.

Tips:

1. Solicit other offers.

One of the most effective ways to obtaina raise is to get a higher job offer fromanother company and use that offer asleverage. However, play this card care-fully. If the employer does not match orbeat the company’s offer, you must bewilling to accept the other offers.

Journalist and founder of Forbes maga-zine, B.C. Forbes, once said, “Think notof yourself as the architect of your careerbut as the sculptor. Expect to have to do alot of hard hammering and chiseling andscraping and polishing.” It is true that ittakes an enormous amount of time andeffort for one to shape his or her careerand that over time, one’s career takes aunique shape because of experiencesobtained. As a leading bar association, theNewYork County Lawyers’Association(NYCLA) is here to help you do just that.

We are devoted to enhancing the careersof our members by providing variouseducational and networking opportunities.And, we have dedicated this issue of NewYork County Lawyer to “Rocketing toSuccess” to share with you resources andideas on how to make the most out ofyour career in the legal field.

Within this issue you will find informa-tion not only on NYCLA resources avail-able to you to help you build or put your

career on the right track, but ideas andinsight from career experts and leaders inthe legal field. I encourage you to read“Ask for a Raise” (below) to hear fromAbout.com’s Legal Career Guides’ SallyKane, on how to research, prepare, andmake a compelling case for a salaryincrease.

Meanwhile, “Tips for Starting a New

Job,” on page 7, will provide you withinsight into how to best equip yourself forsuccess in a new position—an importantread for anyone thinking of changing jobsnow or in the future.

You’ll find other articles within that Ihope inspire to sculpt your career and asyou do so, I encourage you to takeadvantage of NYCLA’s career resourcesincluding our Career Center, whichoffers job listings throughlegalstaff.com. Members and non-mem-bers can search job listings and postresumes there, at no cost. Also considerattending networking events, joining ourLinkedIn group, staying up to date onyour CLE credits, and participating inour committees to sculpt your careerinto exactly the form you want it.

In the meanwhile, please share with mewhat resources you’re tapping into toshape your career by tweeting me@NYCLAPres, and visit nycla.org to takeadvantage of our many career resources.

Ask for a Raise

N E W Y O R K

COUNTY LAWYERMarch 2012 Visit us at www.nycla.org Volume 7 / Number 10

Rocketing to Success 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

(See Ask for a Raise on page 15)

Ask for a Raise 1

Social Media forthe Job Search 3

Become a BetterLeader 6

Tips for SummerAssociates 14

Annual Meeting Notice .................2Ask for a Raise ..............................1Call for Applications......................8CLE Institute..................................4CLE Programs ...............................4Commerical Litigation Treatise ...11Committee Meeting Schedule .....12Committee News..........................13Court Simplification ....................14Electronic Research Center CLEs..10Ethics Hotline ................................5Events Calendar .............................2Fashion Law Committee..............13Focus on Advocacy......................13Leadership-Become aBetter Leader...............................6

Libel Law Misconceptions ..........12Library Notes ...............................10Library Resources........................10Message from Stewart Aaron,President of NYCLA...................1

Message from Barbara Moses,President of the NYCLAFoundation...................................3

Networking-Build Your Rolodex ...6New Jobs-Tips ...............................7Networking Do’s and Don’ts .........7NYCLA In the News .....................6Recent Events ................................8Sealing Reform ............................13Social Media for the Job Search....3Tips for Summer Associates ........14What’s Tweeting ............................2Young Lawyers’ Section Events ..14SOPA............................................15

March 2012 / The New York County Lawyer2

MarchPublic Forum: Getting on the Catwalk:Careers for Lawyers in Fashion LawMarch 8 - 7 p.m.Panelists: Karen Ash, Partner andNational Co-Chairperson, IntellectualProperty Department, Katten MuchinRosenman LLP; Charles Colman, CharlesColman Law, PLLC; David Faux, LawOffices of David Faux; GuillermoJimenez, Professor (F.I.T.-SUNY, Iona,I.S.M.); Barbara Kolsun, General Counsel& VP, Stuart Weitzman, LLC;Heather McDonald, Baker Hostetler LLP;Event Chair & Moderator: QuinnTaurman (NY Law School)Open to the public

CLAROVolunteer RecognitionProgramMarch 13 – 6-7:30 p.m.Fordham University, Lowenstein Building

Judicial ReceptionMarch 15 - 5:30-7:30 p.m.The Committee on the Supreme Court willhost a reception honoring newly elected,appointed, re-elected and re-appointedjudges.Welcome Remarks: Hon. JonathanLippman, Chief Judge of the State of NewYork; Special Remarks: Hon. Bernard J.Fried, retiring Supreme Court Justice,Commercial Division, NewYork County

Practice of Law: Legal Ethics You Needto KnowMarch 15 – 6 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 com-plaints.Speaker: Lewis Tesser, Esq.Members onlySpecial Event: Ready, Set, Lead!Women’s Future: Where Do We GoFrom Here?Mar. 23 - 6-9 p.m. – Melville MarriottIn honor of Women’s History Month,NYCLA is hosting this event in partner-ship with other local bar associationsOpen to the public

AprilPractice of Law: Trial Technique forBeginnersApril 12 – 6 p.m.Speaker: Jeffrey M. KimmelThis event will feature detailed discus-sions concerning trial strategy, witnesspreparation, jury selection,opening/closing statements anddirect/cross examination. Hearsayobjections and other evidentiary issueswill be discussed.Members only

Special Event: Edith I. SpivackAward CeremonyApril 23 – 6 p.m.The NYCLA Women’s RightsCommittee will present DonnaLieberman, Executive Director of theNew York Civil Liberties Union, withthe Edith I. Spivack Award.Open to the public

Special Event: 49th Charles EvansHughes Memorial LectureApril 26 – 6 p.m.Speaker: Hon. Judith S. Kaye, of Counsel,Skadden, Arps, Slate, Meagher & Flom;former Chief Judge, State of NewYorkOpen to the public

Law Day LuncheonApril 27 – 11:30 a.m.Cipriani Wall StreetThe Justice Louis J. Capozzoli GavelAward will be presented to Hon.Sherry Klein Heitler, AdministrativeJudge for Civil Matters, First JudicialDistrictOpen to the public

EVENTS CALENDAREvents are subject to change; please check the Association’s website,

www.nycla.org, for schedule changes and additions.

NYCLA Meet-Up: AdvanceYour CareerMarch 28 – 6 p.m.Meet with career experts to learneverything you need to know togrow your career, change jobs orland a jobMembers only

On January 30, 2012, the following were nominated as officers and directors by theCommittee on Nominations:

Nomination of Officers:Board of Directors:

Director – Class of 2015:

Director – Class of 2014:

Jonathan Pressment

Committee on Nominations:

Class of 2015:

Class of 2014:

Michael J. McNamara

Below is a proxy for your use if you cannot attend the Annual Meeting. Pleasesend your completed proxy to Anne Wells by e-mail at awells@nycla.org; bymail, Attention, Anne Wells, New York County Lawyers’Association, 14 VeseyStreet, New York, NY 10007; or by fax (212-406-9252) prior to the AnnualMeeting on May 24, 2012.

PROXY

For Annual Meeting of Members of theNew York County Lawyers’Association

To be held May 24, 2012

Know all people by these presents: That the undersigned Member of NewYorkCounty Lawyers’Association hereby constitutes and appoints Stewart D. Aaron,Barbara Moses, and Lewis F. Tesser or any of them, proxies of the undersigned,with full power of substitution to each, for an in the name, place and stead of theundersigned, to attend the Annual Meeting of Members of the NewYork CountyLawyers’Association, to be held at the Home of Law, 14 Vesey Street on May 24,2012 at 5:30 p.m. and any adjournment or adjournments thereof; and thereat tovote upon all matters that may properly come before said meeting as fully and withthe same effect as the undersigned might or could do if personally present at saidmeeting or any adjournment or adjournments thereof.

The undersigned hereby revokes any proxy or proxies heretofore given by, for oron behalf of the undersigned to vote at said meeting or any adjournment oradjournments thereof.

Dated: ___________________________________________ ___________________________________________________(Signature)

______________________________(Printed name)

(Provisional and law student members may not vote)

Notice of Annual Meeting & ReceptionMay 24, 2012 at 5:30 p.m.

NYCLA Home of Law, 14 Vesey Street

Annual Report of the PresidentTreasurer’s Report

Election of Officers and Directors

President – Stewart D. AaronPresident Elect – Barbara MosesVice President – Lewis F. Tesser

Secretary – Susan J. WalshTreasurer – Carol A. Sigmond

Thomas G. Draper, Jr.Joseph M. DraytonGordon EngHon. Margaret J. FinertyAdrienne Koch

Eugene B. NathansonFelix ShipkevichAsha SmithDaniel K. WiigAlison Wilkey

Catherine A. ChristianHoward W. BurnsJames B. Kobak, Jr.

Susan B. LindenauerSusan J. Walsh

RT@atlblog: Should you be a specialist or a generalistin your law practice? Some wise words from@TomWallerstein bit.ly/wK4O2H

@NYCLA Learn about careers for lawyers in the fashionindustry at our next public forum conta.cc/ygUHZk

@NYCLA Learn ways to develop & improve your trialpractice techniques at NYCLA’s upcoming CLEow.ly/8Up0P

@MarkRaganCEO The 5 things that annoy people mostabout their jobs bit.ly/znbBEh

@LawPracticeTips The Professional’s Social Network:LinkedIn bit.ly/uszCdz #LawPractice #in

March 2012 / The New York County Lawyer 3

To Advertise inNew York County Lawyer,

Call 631-427-7000

Dear Friends:

The law is a noble profession. But it isalso a career and, like any career,requires nurturing at every stage.NYCLA can help.

Have you ever attended a NYCLA host-ed networking event? They are as variedas NYCLA’s membership. In January,NYCLA hosted not one but two NewYear’s networking events: one onJanuary 8 at the Home of Law (withcomplimentary cocktails and refresh-ments), and one on January 25, inBattery Park City, to celebrate ChineseNew Year with NYCLA’s Asian PracticeCommittee and the US-China CEOAssociation. The Young Lawyers’Section followed up in February with“NYCLA Squares,” sponsored by LuckyStrike Lanes, which featured a talentedgroup of “ready for prime time” NYCLAexecutives and committee chairs – plusdoor prizes!

Committee involvement is another greatway to network with other professionalsin your field (or in a field that interestsyou). And unlike other bar associations,NYCLA does not restrict committeemembership through waiting periods orapplication requirements. You can jumpright in, work on the important issues ofthe day, and rub shoulders with accom-plished practitioners in the field.

Perhaps you are looking for your firstlegal job, changing jobs, or trying to getback into the work force after the eco-nomic toll of the last few years. Did youknow that NYCLA was the first bar asso-ciation in the New York area to provideonline local and national job listings? Atthe NYCLA Career Center, you cansearch for a legal job, post your resume,and sign up for job alerts – all throughthe NYCLA website. The Career Centeralso welcomes postings from legalemployers who want to advertise openpositions to NYCLA’s membership. Tip:For the most up-to-date information onnew job opportunities, check your week-ly e-news and sign up for job alerts.

These are among the programs that makeus proud to be members of NYCLA. Asyou know, however, your dues do notcover all of the costs and expenses of the

benefits that NYCLA offers to its mem-bers. The NYCLA Foundation helps tomake up the difference through the gen-erosity of NYCLA members and others.If you are in a position to “give back” tothe NYCLA community, I urge you to goto www.nycla.org and choose “Giving toNYCLA.” You can also mail a check,payable to the “NYCLA Foundation,” toNYCLA Foundation, 14 Vesey Street,New York, 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. Since theNYCLA Foundation is recognized by theIRS as a 501(c)(3) organization, giftsreceived by year-end are deductible tothe extent provided by law.

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 atbmoses@maglaw.com.

Sincerely,

Barbara MosesPresident of the NYCLAFoundation

Using Social Media In Your Job Search

MESSAGE FROM BARBARA MOSESPRES IDENT OF THE NYCLA FOUNDAT ION

By Robert Half Legal

If you’re hoping to land a new positionthis year, or if your ongoing job searchcould use a boost, you may want to paymore attention to the power of socialmedia. Here are some suggestions forhow you can best use popular socialmedia sites to enhance your job search:LinkedIn: If you’ve yet to establish aprofile on LinkedIn, you may want to

consider it. Not only have many pro-fessionals come to view a LinkedInprofile as just as essential as a resume,but also hiring managers and head-hunters are using it more often forrecruiting purposes.

LinkedIn is also useful for connectingwith others in your field by joiningspecialized groups that focus on yourareas of interest and expertise. In addi-

tion, one of the most beneficial aspectsof LinkedIn is that you can leverageyour contacts to identify new ones.

Twitter: Another tool for expandingand energizing your network isTwitter, which has grown in popularityas a career-building medium. Onceyou’ve joined Twitter by creating abrief profile, you can begin connectingwith others by finding people to “fol-low.” Start with professional groupsand other legal resources, then expandyour reach by following people thosepeople are following or by searchingby location, specialties or interests. Byfollowing prominent people and firmsin your field, you can stay up-to-dateon industry developments and trends,gaining knowledge helpful in yourother networking activities and jobinterviews.

Facebook: Unlike the more buttoned-up LinkedIn, Facebook started primari-ly as a social networking site fortelling friends what you’re up to, shar-ing photos and playing games. Sincepeople now also network with it on aprofessional level and employers maysearch for information on job appli-cants using it, be careful about whatyou say on Facebook. Despite count-less cautionary tales, users continue todamage their reputation by showing alack of discretion on the site.

NewYork County Lawyer is published

monthly (except January andAugust) for

$10 per year by NewYork County Lawyers’

Association, 14Vesey Street, NewYork, NY

10007. Periodicals postage paid is mailed at

NewYork, NY and additional mailing

offices. POSTMASTER: Send address

changes to: NewYork County Lawyer, 14

Vesey Street, NewYork, NY 10007-2992.

USPS #022-995

ISSN: 1558-5786

$10.00 of membership dues is deducted for

a one-year subscription to the NewYork

County Lawyer.

Copyright © 2012 NewYork CountyLawyers’Association. All rightsreserved. NewYork County Lawyers’Association grants permission forarticles and other material herein orportions thereof to be reproduced anddistributed for educational or profes-sional use through direct contact withclients, prospective clients, profes-sional colleagues and students pro-vided that such use shall not involveany matter for which payment (otherthan legal fees or tuition) is madeand provided further that all repro-ductions include the name of theauthor of the article, the copyrightnotice(s) included in the originalpublication, and a notice indicatingthe name and date of the Associationpublication from which the reprint ismade. Subscription rate: $10.00 peryear for non-members

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

Long Islander Newspapersunder the auspices of

the New York County Lawyers’Association. For advertisinginformation, call 631-427-7000.

Mailing address: 149 Main Street,Huntington, NY 11743.

Photo Credits

Alanna GluckMarian Goldman

MarchFeaturedPrograms

Ethics Institute

Ethical Dilemmas Confronted by RealEstate AttorneysPresented by NYCLA’s Ethics InstituteMarch 27, 6-9 p.m.Learn about the ethical challenges facedon a daily basis by real estate practition-ers including such issues as:

• Representing both the buyer and seller• Representing the buyer and the lender• Other types of dual status ( e.g.,attorney and mortgage broker)

• Acting as an attorney and real estatebroker

• Using clerks or paralegals to attendclosings

• Escrow and comingling of funds• Acting as counsel to co-op/condo and

individual seller• Permissible ways to write checks• Engagement letters• Bookkeeping rule and• Producing records

Immigration Law

Mission Impossible: What You Need toKnow to Practice Immigration LawSuccessfullyTwo sessions:• Tuesday, March 6, 6-9 p.m. - Non-immigrant Work-related VisaCategories and Obtaining a GreenCard

• Tuesday, March 13, 6-9 p.m. -Family-based Immigration, RemovalProceedings and Overview ofAsylum

In these difficult economic times, immi-gration law reform continues to be acontentious issue. Attend this two partCLE and:

• Gain an overview of what youneed to know to practice immigra-tion law successfully from a panelof experts

• Learn how to obtain the proper immi-grant visa or “green card” for yourclient

Co-chairs: Eugene J. Glicksman andGilbert C. Ferrer, Co-chairs, NYCLACommittee on Immigration andNationality Law

Litigation

Civil Trial Practice Institute: A Bridgethe Gap for Attorneys Interested inLitigationMarch 9 and 10, 9 a.m.-5 p.m.Hear from an extraordinary panel ofjudges, litigators and leading academics,to take you through the entire state civiltrial process.

• Learn ways to develop and improvetrial practice techniques within thecontext of personal injury, matrimo-nial and commercial litigation

• Hear directly from judges and sea-soned litigators

Program chairs: Robert Kelner, Kelner& Kelner and Hon Robert Lippman(Ret.)Faculty: Clifford Aaron, London FischerLLP; Hon. Richard F. Braun, Sup. Ct.,NY County; Tracee Davis, ZeichnerEllman & Krause LLP; Hon. LauraDrager, Sup. Ct., NY County; Professor

Richard T. Farrell, Brooklyn LawSchool; Stephen Gassman, Gassman,Baiamonte, Betts & Tannenbaum; Hon.Judith J. Gische, Sup. Ct., NY County;Sarah Jo Hamilton, Scalise & Hamilton;David Jaroslawicz, Jaroslawicz andJaros LLC; Herbert Monte Levy, Esq.;Hon. Israel Rubin, Greenberg Traurig;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 Cotton Wollan & Greengrass; andHon. Louis York, Sup. Ct., NY County.

Matrimonial Law

Matrimonial Law: The Basics andBeyondTwo-part program: March 21 and 28,6-9 p.m.Hear from a panel of experts about thebasics of matrimonial law and beyond:

• Hear how to handle the initial contactwith a client; grounds, jurisdictionand service

• Learn how to go about handlinguncontested divorces, and domesticviolence issues.

• Explore agreements including prenup-tual, stipulation of settlement and sep-aration, child support, custody andattorney for the child, equitable distri-bution, domestic violence and ethical

March 2012 / The New York County Lawyer4

CLE Institute

SAVE the DATE:

Bridge the Gap 1, April 20 and 27Design Contracts and OtherDesign Issues, April 18Update on Cybersecurity Issues,April 24

(See CLE on Page 5)

DUFFY & POSILLICO AGENCY INC.Court Bond Specialists

BONDS * BONDS * BONDS * BONDS

1-800-841-8879 FAX: 516-741-63111 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts)NYC Location: 108 Greenwich Street, New York, NY 10006

Administration • Appeal • Executor • Guardianship

Injunction • Conservator • Lost Instrument

Stay • Mechanic’s Lien • Plaintiff & Defendant’sBonds

Serving Attorneys since 1975

Complete Bonding Facilities

IMMEDIATE SERVICE!

This March, the CLE Instituteoffers a wide variety of programsfor practitioners of all levels. Acomplete calendar for March CLEcourses is provided. Be sure tocheck our website at www.nycla.orgfor updated information.

March 2012 / The New York County Lawyer 5

issues facing matrimonial attorneysChair: Charlotte Lee, EsqFaculty: Hon. Tandra L. Dawson,Domestic Violence Part, Supreme Court,NY County, Hon. Matthew F. Cooper,Supreme Court, New York County andSteven Eric Liebman, Special Referee,along with court attorneys and seasonedpractitioners.

Real Estate Law

Purchasing and Managing RentRegulated Property in NYCMarch 8, 9 a.m.-12:30 p.m.Join us for a program presented in part-nership with the Rent StabilizationAssociation (RSA) that will explore theissues associated with purchasing andmanaging rent regulated property inNew York City that will cover:

• Rent Regulation: The Basics• Due Diligence: What Should I knowAbout the Building

• Due Diligence: What Should I KnowAbout the Tenants

• Management Tools & Resources• Tenant Screening• Leases and Rent Registration• Violations• Maximizing the Rent Roll

MarchProgram GuideTax Audits: How to Avoid Them; Howto Defend ThemMarch 5, 6-8 p.m.2 MCLE Credits: 1 PP; 1 Skills;Transitional and Non-transitional

NYS Voluntary Compliance DisclosureMarch 12, 6-8 p.m.2 MCLE Credits: 1 PP; 1 Skills;Transitional and Non-transitional

Mission Possible: What You Need ToKnow to Practice Immigration LawSuccessfullyMarch 6 and 13, 6-8 p.m.6 MCLE Credits: 2 Ethics; 2 PP; 2 Skills;Transitional and Non-transitional (also NJ)

The Grounding of the CostaConcordia: The High Cost of HittingRock BottomMarch 6, 12-2 p.m.2 MCLE Credits; 2 Professional Practice;Transitional and Non-Transitional (also NJ)

Race, Law and GenderMarch 7, 6-8:05 p.m.2.5 MCLE Credits: .5 Ethics; 2PP;Transitional and Non-transitional (also NJ)

Purchasing and Managing RentRegulated Property in NYCMarch 8, 9 a.m.-12:30 p.m.3.5 MCLE Credits: 1.5 PP; 2Skills;Transitional and Non-transitionalProgram Co-sponsor: RentStabilization Association (RSA)

Civil Trial Practice Institute: A BridgeThe Gap for LitigatorsMarch 9 and 10, 9 a.m.-5 p.m.16 MCLE Credits: 3 Ethics; 6 Skills; 7

PP/LPM; Transitional and Non-transitionalMatrimonial Law: The Basics andBeyondMarch 21 and 28, 6-9 p.m.6 MCLE Credits: 1 Ethics; 3 PP; 2 Skills;Transitional and Non-transitional

Cybersecurity: Risks, Best Practicesand Security ChallengesMarch 22, 6-9 p.m.3 MCLE Credits: 1 Ethics; 2 PP;Transitional and Non-transitional (also NJ)

Preparing the Construction AccidentCase: Plaintiff, Defendant and ExpertPerspectives on the Labor LawMarch 26, 6-9 p.m.3 MCLE Credits: 3 Skills; Transitionaland Non-transitional

Ethical Issues in Real Estate PracticeMarch 27, 6-9 p.m.3 MCLE Credits: 3 Ethics; Transitional

Ethics Hotline

March 1-15Sarah Diane McShea212-679-9090

March 16-31Sarah Jo Hamilton914-725-2801

Please Note: Assignments aresubject to change.

Questions to the Hotline are limit-ed to an inquiring attorney’sprospective conduct. The Hotlinedoes not answer questions regard-ing past conduct, the conduct ofother attorneys, questions that arebeing litigated or before a disci-plinary committee or ethics com-mittee, or questions of law. Thisnotation shall not be construed tocontain all Hotline guidelines. Fora full discussion of Ethics Hotlineguidelines, please see “Guidelineson NYCLA’s Ethics Hotline,”September 2006, New YorkCounty Lawyer, Vol. 2, No. 7. Toview the article, visit NYCLA’swebsite at www.nycla.org, clickon Ethics (on the left-hand side ofthe page) and then on EthicsHotline.Register online:

www.nycla.org

[ Over 25 Years \

Providing Consultation to Attorneys

& the Courts on Psycho-legal Matters

• Criminal Cases: Competency Issues, Criminal

Responsibility, Extreme Emotional Disturbance, Risk

Assessment, Sex Offender Workups & Dispositional

Planning

• Matrimonial & Family Court Cases:

Custody/Visitation, Neglect/Abuse, Termination,

Delinquency, Family Violence, & Adoptions

• Civil Cases: Competency Issues, Head Trauma,

Sexual Harassment, Discrimination, Immigration,

& Post-Traumatic Stress Disorders

Comprehensive Diagnostic &

Treatment Services

WWW.NYFORENSIC.COMdrberrill@yahoo.com

MAIN OFFICE26 Court Street, Suite 1711, Brooklyn, NY 11242

718-237-2127

LONG ISLAND OFFICE45 North Station Plaza, Suite 404, Great Neck, NY 11021

516-504-0018

MANHATTAN139 Manhattan Avenue, New York, NY 10025

212-280-3706

The New York Center forNeuropsychology

& Forensic Behavioral Science

Dr. N.G. Berrill, Director

NYCLA’s CLE Institute now anAccredited Provider in New JerseyNewYork County Lawyers’Association’s CLE Institute is current-ly certified as an Accredited Providerof continuing legal education in theState New Jersey. Courses qualifyingfor CLE credit in New Jersey will beso designated on the NYCLA website.Be sure to consult www.nycla.org forprogram details and program locations.Please note that Tuition Assistance isavailable for qualified attorneys forlive programs offered by the CLEInstitute. Check our website atwww.nycla.org for more informationand how to apply for TuitionAssistance. Check our website forcourse details, faculty, complete pro-gram descriptions and pricing.

CLE InstituteContinued from page 4

March 2012 / The New York County Lawyer6

Did you know that as a NYCLA memberyou can search on nycla.org for othermembers and their contact information?Take advantage of this benefit to net-work—build relationships with people inyour profession and help you in your jobsearch. Log onto nycla.org with yourmember ID and then click on ‘MemberSearch’ under the ‘MembersOnly’section. From there, you can searchfor other NYCLA members by practicearea, firm, law school, and more!

After you have found networking con-tacts, you might think, “how do I writean initial networking e-mail?” Here aresome guidelines to get you started:

1. Introduction – The first lineshould answer “how did you getmy name?” This is where youneed to establish a connection: Isshe/he a fellow NYCLA member?Where did you find her/his name?

2. Who are you? – Tell the reader alittle bit about yourself. Share your

background and what you arelooking to do. FOCUS is key here.This part of the e-mail should notbe an essay or your resume inwritten form. Think of it as apolite 1-2 line introduction to givethe reader an idea of who you areand what you are looking to do.

3. Research – Do.Your. Homework.You must do your research beforewriting a networking e-mail. Thiswill help frame your questions. Itwill also show the reader that youhave a genuine interest in whatshe/he or her/his company does, etc.

4. Questions - After you have doneyour research, ask 1-2 specificquestions. Ask for advice or anyother questions you have about thecompany, industry, or the path thecontact took to get where she/he istoday.

5. Sincere Thank You – Alwaysthank the person you are writing tofor her/his time. Acknowledgingbusy schedules goes a long way!

Membership

By Joelle K. Jay, Ph.D.

In order to excel in your work, in your life,or as a leader, you need to commit to con-tinuous learning. Many leaders know this,but many more are missing the opportuni-ties for powerful learning that could reallyhelp them get ahead on their goals.

Leaders are encouraged to learn “on thejob.” The problem is that many of us don’t.Either because we’re too busy, we forget,we don’t know what we need to learn, orwe don’t have the resources we think weneed, we end up learning by chance orcommand. Neither one is very powerful.

Learning by chancemeans you take oppor-tunities to learn whenever they show up, butyou don’t necessarily go looking for more.A conference brochure arrives; it seemsinteresting; you go. A friend recommends abook; it looks good; you read it.You takeopportunities to learn as they come to you –in other words, when it’s convenient.

Learning by command means you learnwhen someone else demands it. When

your colleagues tell you that you need tolearn to be more decisive, or when yourprofession requires that you get anadvanced certification, or when your bosssends you to a workshop to learn specificskills, you are learning by command.

There’s nothing inherently wrong withthese approaches to learning. Any learningthat advances your expertise and buildsyour capacity may be worth your time.

Or it may not, and that’s the problem.Youhave so much potential, and there are somany opportunities to learn, and there is somuch to be gained by learning that it sim-ply doesn’t make sense to relegate yourlearning to the whims of chance and com-mand.You need to learn by choice.

Learning by choice means carefully set-ting up your own learning opportunitiesbased solely on what you need to get bet-ter results.

Learning by choice is based on a numberof assumptions.

Learning is leadership. Learning is anessential component of leadership. Someexperts go so far as to say learning is lead-ership, a leader’s constant quest for theimprovement of the business, people, andresults. As a leader, what do you need tolearn?What leadership skills, strategic prac-tices, or management techniques will helpyou be more effective? Look at your results,and notice where there’s room for improve-ment. What do you need to learn in order toimprove those results? This is the kind oflearning that supports powerful leadership.

Learning is profit and competitive edge.The soul of business is innovation; the soulof personal leadership is the innovation ofthe self. You can’t have one without theother. If you want to have, run, or be partof a business that succeeds in a time ofchange, you need to be willing to change,as well. Think about it. If another compa-ny is doing better than yours, what do youneed to learn to be better able to compete?If you personally are stuck in a rut in yourcareer, what do you need to learn to get amore competitive edge? Without askingthese questions, you will start to languish

in mediocrity, and that’s no place for aleader. Refuse to buy into the assumptionthat the economy, the market you’re in, oryour products are creating your results. Ifyou’re not happy with what you’ve got, goout and learn what needs to change. You’llfeel more in control, and you will learn tolead the way to a more powerful and prof-itable place.

Learning is life. In addition to learning forall of the practical and rational reasons thatcontribute to your effectiveness as a leader,there’s one more: learning is part of thefun of life. When was the last time youpicked up a new sport, game or hobby?We learn these things not because we haveto, but because we want to. Your visionand goals will be infused with a new senseof exuberance when you commit to learn-ing what you need to learn in order toachieve them.You will know that you cando anything you want to as long as youknow how to learn.

Learning is an essential component ofleadership, but not all learning experiences

Become a Better Leader: Commit to Continuous Learning

NYCLA In The NewsA round-up of recent national and local news stories

featuring NYCLA and its members.

Bloomberg BNA Daily Tax ReportTax Clinics, Pro Bono ProgramsJanuary 11, 2012Stephen Lessard, program coordinatorof NYCLA’s Tax Court Bar-RelatedPro Bono Program, is quoted abouthow the program relieves the adminis-trative burden of the Tax Court indealing with pro se taxpayers and pro-vides an effective means of improvingcommunication between the govern-ment and unrepresented taxpayers.

National Arbitration and Mediation,Inc./namadr.comHon. Elizabeth Bonina Speaks at theNewYork County Lawyers’AssociationJanuary 27, 2012NYCLA program, “So You Want to bea Trial Lawyer” is mentioned in thisarticle.

Thomson Reuters News & InsightsNewYork court administrators backrestoring court hoursJanuary 30, 2012This article mentions that NYCLA’srecent report highlights the widespreadimpact of last year’s budget cuts onthe court system.

New York Law JournalNYCLA Urges Congress to Fund U.S.CourtsFebruary 17, 2012This article covers how NYCLA isurging Congress to resist further budg-et cuts to the federal court system.

Metrocorpcounsel.comLetter from the President of the NewYork County Lawyers’AssociationFebruary 17, 2012This letter from NYCLA’s President tothe readers of metrocorpcounsel.comtalks about NYCLA’s career resources.

New York Real Estate Lawyers’BlogNYCLA Honors Loretta E. LynchFebruary 18, 2012This blog post invites readers tojoin NYCLA and the MetropolitanBlack Bar Association to honorLoretta E. Lynch, United StatesAttorney for the Eastern District ofNew York at the Tenth Annual IdaB. Wells-Barnett Justice AwardCeremony.

Metrocorpcounsel.comThomson Reuters Column: 40Distinguished CLE Lecturers AndAcclaimed Thomson ReutersTreatiseFebruary 23, 2012NYCLA’s upcoming CLE, winningcommercial cases in New York StateCourts is featured on this web site.

New York Law JournalFebruary 23, 2012Bar Groups Honor LynchA photo from NYCLA’s 10th annualIda B. Wells Justice AwardCeremony is included in this news-paper.

New York Law JournalLawyers’ Titles and Law Firm Namesin the Hi-Tech EraFebruary 24, 2012A 2008 NYCLA ethics opinion iscited in this article.

Leader to Leader/New York StateBar AssociationCongratulations to the 2011 BarLeaders Innovation Award WinnersFebruary/March issueNYCLA was awarded a Bar LeadersInnovation Award at the NewYorkState Conference of Bar Leaders andthis publication featured a photo ofNYCLA leadership at the ceremony.

(See Become a Better Leader on page 10)

Build Your Rolodex & Networkthrough NYCLA

March 2012 / The New York County Lawyer 7

The desired end result of your career devel-opment efforts is greater career resilience.Career resilience is your ability to success-fully adapt to career changes (whether theybe economically, organizationally, or self-initiated), make smart career decisions,effectively market yourself and your value,and proactively manage your career. Careerresilience derives from a strong understand-ing of yourself, your strengths, and yourgoals.Your economic value in the market-place and your ability to anticipate andadapt to career-related changes and chal-lenges are also factors of career resilience.Various techniques and tools are essential inproactively managing your career.

Your career is a constantly evolvingrésumé. Staying on top of your accom-plishments and keeping your résumé cur-rent will help you stay fresh and ensureyou are on the right track. You shouldthink about these questions:• How will I keep myself on trackwhen I find myself straying?•Who will be on my career supportteam?• How will I know if I am on thewrong track?

To become resilient, you really need to beforward thinking and oriented toward thefuture. You need to ask yourself the basicquestion, “How can I best equip myselffor success now and tomorrow?” To helpyou equip for your new career, you needto develop a 30-60-90 day plan.

The 30-60-90 Day PlanIt is all too easy to lose oneself in the excite-ment and challenge of a new career, job, andindustry.You have worked hard to make thetransition. Now it is time tomake the rightimpact, right?Yes and no. Of course, youmust learn all you need to learn and do allyou need to do. Included in “all you need tolearn” and “all you need to do” is the idea ofhaving a plan. Unless you expect this to bethe last job you will ever have, this job ispart of your overall career strategy.Asalready learned, it is important to have spe-cific goals at each stage of one’s career.

Before you start your new job, you needto sit down and establish some goals forthe first 30 days, 60 days, and 90 days.Some questions to help you get startedare listed below:•What do you want to accomplish tovalidate your new employer’s faith?• What do you want to accomplish tolay the groundwork for continuingprogress?

Depending on your manager and thecompany’s policies, you should establishsome basic goals with your immediatesuperior for each of these milestones, andthen work together to set a reviewprocess in place. You should focus on the

following activities during each of thespecified time periods.

30 DaysDuring the first 30 days on the new job,you should:• Learn about the company and itsproducts or services• Understand the company’s “written”values and cultural traits• Understand organizational structure(reporting relationships)• Learn about the responsibilities ofyour role• Set small and achievable goals togenerate modest wins• Meet with key managers to under-stand company dynamics

60 DaysWithin 60 days of being on the new job,you should:• Recite the issues the company faceswith respect to its products and services• Know the company’s key customersby name• Understand who holds power andinfluence in the company (it is notnecessarily the managers)• Set preliminary expectations aboutyour role• Take on slightly bigger problems orprojects to generate important wins• Meet with key influencers to betterassess company dynamics

90 DaysAfter 90 days on the new job, youshould:• Make recommendations/observationsthat you notice about product andservice strengths/weaknesses• Gain perspective on what key cus-tomers think about the company• Reshape your role to fit the needs ofthe organization and customers• Build relationships with key internaland external stakeholders• Introduce plans and recommenda-tions for tackling bigger problems• Be open to feedback and insightabout your contributions and style

©2012 TalentGuard

Tips for Starting a New Job

Who do you know who can help you secure your next job? Networking—a wayof meeting people in your chosen industry who you can build relationships withand help you in your search—can be a valuable of the aspect of the job-searchprocess. Statistics show that 60 percent of people find jobs through successfulnetworking. When networking, keep the following do’s and don’ts in mind:

Do always err on the side of “professional”Do check your communications for misspellings, grammar, etc.Do your homework. Take the time to learn about your networking contact’s com-pany or past experience.DON’T send along your resume unless the contact has requested it.DON’T ask about job openings.DON’T expect anyone to do the work for you.

Networking Do’s and Don’ts

March 2012 / The New York County Lawyer8

Recent Events

The Honorable Robert Levy, Magistrate Judge for the Eastern District of NewYork, was the guest speaker at the December 7 Federal Courts Committee meetinghosted by Jai Chandrasekhar of Bernstein Litowitz Berger & Grossmann LLP.Pictured from left to right are Judge Levy, Carolyn Kubitschek, Gregg Kanter,Chair of the Committee, and Mr. Chandrasekhar.

The Honorable Victor Marrero, Magistrate Judge for the Southern District of NewYork, was the guest speaker at the January 18 Federal Courts Committee meetinghosted by former Committee Chair Richard A. Williamson of Flemming ZulackWilliamson Zauderer. Pictured from left to right are Mr. Williamson, Judge Ellis,and Gregg Kanter, Chair of the Committee.

Federal Courts Committee Hosts Special Guests

NYCLA HonorsUnited States Attorney

NYCLA’s President, Stewart D. Aaron,poses with Ida B. Wells-Barnett, JusticeAward winner, Loretta E. Lynch, UnitedStates Attorney for the Eastern District ofNewYork (third from left) following theAward ceremony at NYCLA Home of Lawon Tuesday, February 21. R. NadineFontaine, left, president-elect of theMetropolitan Black Bar Association;Catherine A. Christian, a Manhattan assis-tant district attorney who presented theaward (second from left); BrooklynSupreme Court Justice Yvonne Lewis(third from right); and Queens SupremeCourt Justice Pam Jackman-Brown (secondfrom right) were also on hand to congratu-late Ms. Lynch. (Photo credit: RickKopstein, NewYork Law Journal)

Congratulations!

NYCLA Congratulates:

Hon. Sherry Klein Heitler,Administrative Judge for CivilMatters, First Judicial District as itsJustice Louis J. Capozzoli GavelAward recipient

&

The Honorable Kevin NathanielFox Appointed Chief MagistrateJudge of the Southern District ofNewYork

Call for Applications: Honorable Charles L. Brieant, Jr. Judicial InternshipFirst- and second-year law school students are invited to apply to the Southern District of NewYork’s HonorableCharles L. Brieant, Jr. Judicial Internship for the summer of 2012. Work under the supervision of the Chief Judge toresearch and write about issues that confront the Court as a whole and benefit from a $5,000 tuition credit.

To apply, send a cover letter, a resume, a writing sample, and a transcript to The Honorable Loretta A. Preska, 500Pearl Street, Room 2220, NewYork, NewYork 10007, by March 19.

March 2012 / The New York County Lawyer 9

Recent Events

Public Forum/Networking MixerAdam Roth, Esq. (second from left), moderates a panel of experts at NYCLA’s January 26 event, So You Want to Be a Trial Lawyer? Lindsey James,Corporation Counsel Tort Division, Kings County (far left); Hon. Elizabeth Bonina, New York Supreme Court (center); Ryan O’Dell, Bronx Defenders (sec-ond from right); and Charlotte Owens, Brooklyn District Attorneys’ Office, all participated in this Public Forum/Networking Mixer.

Mentors and mentees of the 2012”class” of NYCLA’s MentoringProgram gathered on February 8, for akickoff cocktail reception and pro-gram. Mentors and mentees met theircounterparts, while mingling withother members of the program and theAdvisory Board. They then attended aCLE program on How to Get the MostOut of a Mentoring Relationship andImprove the WayYou Practice Law.Fifteen mentors and 15 mentees areparticipating in the 9-month programwhich combines one-on-one mentoringrelationships with CLE programs andinformal networking opportunities.

NYCLA President Stewart Aaron meetshis mentee for the first time

Third time mentor Murray Schwartz (center) meets his mentee.

NYCLA Hosts “Boost Your Energy and Reduce Stress”Alex Hadassah Anzalone, founder of Alex Anzalone Coaching, Holistic HealthCoach and New York Attorney with a passion for healthy living, presented“Boost Your Energy and Reduce Your Stress” on January 19 to a group ofNYCLA members. Anzalone taught attendees easy and practical ways to makehealthy food choices at work; have energy all day long, every day; reduce sugarcravings; and reduce stress.

CLE Hosts Mentoring Kick-Off

March 2012 / The New York County Lawyer10

To make suggestions about book, e-book or databasepurchases, please contact Dan Jordan by email atdjordan@nycla.org or by phone at 212-267-6646ext. 204.

Featured Internet Site

Bazelon Center for Mental Health(http://www.bazelon.org/)• A good place to begin research into mental disabilitylaw.

• The nonprofit center, has lobbied and litigated inorder to improve access to mental health servicessince 1972

• The text of the Health Care Reform Act and itsimplications for mental health, social security dis-ability and the threat to children’s disability benefitscan be found with information on mental healthservices for children and special education, includ-ing the transition to adulthood and campus mentalhealth services.

• Each issue links to resources such as rules, laws, posi-tion statements and links to helpful resources.

• If you click on “in Congress” at the top of thehomepage, you can see the Center’s views of pend-ing legislation. Meanwhile, if you choose to lookat “courts” you can find summaries of currentcases, decisions and press releases on administra-tive orders.

• You can subscribe to an e-mail version or to the Alertson various subjects.

New Editions

West’s New York Practice Series: 2011-2012 GeneralIndex Pamphlet (Thomson West).

Newly Updated

Bender’s Federal Practice Forms Release number 139(LexisNexis Matthew Bender).Collier on Bankruptcy, 16th edition, Release number120 (LexisNexis Matthew Bender).Employment Law in New York, 2011-12 pocket parts(LexisNexis Matthew Bender).Moore’s Federal Practice, 3rd edition, Release number172. (LexisNexis Matthew Bender).New York Civil Practice: CPLR Release number 142(LexisNexis Mathew BenderPersonal Injury Practice in New York, 2011-12 pam-phlets and CD (LexisNexis Matthew Bender).

Periodicals

The Clock is Ticking on Rare Tax PlanningOpportunities, Trusts and Estates: a New York LawJournal Special Report, New York Law Journal (January30, 2011).Litigation Department of the Year, the American Lawyer(January 2012).Worker Paralyzed After Being Hit by Beam that Fellfrom Crane: Settlement $12,999,999.99, VERDICT-SEARCH (December 12, 2011).

Library NotesAccess Your Library Resources

There are multiple areas to hone in on in order to shapeyour career in the legal field, including the area of legalresearch. The NYCLA Law Library, with a multitude ofresources, including fee-based research and copyingservices and a strong print collection and access to Lexis,Westlaw, Bloomberg and many other databases, can helpyou start your career, restart your career, or mold yourcareer to the best approximation of what you want. Opento members, the Law Library offers unlimited, no-cost,onsite access to and training on research tools.

Our professional librarians offer personalized refer-ence assistance to users in person, over the phone andvia e-mail on the following services:

• Records & BriefsThe reference staff will locate, pull and copy anyRecord and Brief in the Library’s extensive col-lection. Through its Research Services, theLibrary staff will also research the briefs for anyparticular testimony.

• Expert Witness ResearchThe reference staff will help you identify expertwitnesses in your area of interest. The referencestaff can also search for available expert witnesstestimony from particular experts or on a particu-lar subject matter and reports which can be foundin our extensive collection of trial transcripts.

• Photocopy and Fax ServiceCases, statutes, law review articles, or snippetsfrom legal treatises may be ordered from theNYCLA Library.

• Legislative History and Bill Jacket RetrievalServiceThe Library’s collection includes a large numberof historical statutes and NewYork State BillJackets in both microfiche and hard copy. Ordersmay be placed for bill jackets and legislation notincluded in the Library’s collection. NYCLA’strained reference staff will compile NewYork leg-islative histories upon request.

• New York State Administrative RegulationsThe NYCLA Library has the superseded NewYork Code, Rules and Regulations. As part of thelibrary Research Services, the library’s skilledstaff can help you determine the regulations inplace at an earlier date.

• Interlibrary Loan Lending & PhotocopyThe Library accepts lending and photocopyrequests from other libraries. Certain lending andcopying restrictions apply. The Library providescopy and retrieval services for items held in theLaw Library’s collection. Upon request, theLibrary’s Interlibrary Loan Service (ILL) willhandle borrowing and copying requests for itemsheld at other libraries for our members. NYCLAmembers may also borrow some materials fromthe NYCLA collection for short periods of time atreasonable rates.

• People and Asset SearchesThe reference staff e-collection can assist patronsin locating current and historical addresses forindividuals and perform assets searches for realproperty, aircraft, boats and automobiles.

Questions? Reach the NYCLA Library by e-mail atreference@nycla.org, by phone 212-267-6646, x204,or fax at 212-791-6437.

Copyright RestrictionsNOTICE:WARNING CONCERNING COPYRIGHT RESTRIC-TIONSThe copyright law of the United States (Title 17, United States Code) gov-erns the making of photocopies or other reproductions of copyrightedmaterial.Under certain conditions specified in the law, libraries and archives areauthorized to furnish a photocopy or other reproduction. One of thesespecific conditions is that the photocopy or reproduction is not to be“used for any purpose other than private study, scholarship or research.”If a user makes a request for or later uses a photocopy in excess of “fairuse,” that user may be liable for copyright infringement. This institutionreserves the right to refuse to accept a copying order if, in its judgment,fulfillment of the order would involve violation of the copyright law.

MarchWestlaw: BasicMarch 7 – 10-11 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: LitigationMarch 7 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Lexis: News and Public RecordMarch 8 - 10:30 - 11:30 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Lexis: AdvanceMarch 8 – 12-1 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Lexis: Expert WitnessMarch 8 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: IntermediateMarch 20 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: ImmigrationMarch 20 – 3-4 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

U.S. Bankruptcy Court ElectronicCase Filing SystemMarch 21 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

Using Bloomberglaw.com forLitigationMarch 22 – 10-10:50 a..m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Using Bloomberglaw.com for aCorporate Transactional PracticeMarch 22 - 11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

AprilLexis: IApril 4 – 10:30 – 11:30 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Lexis: Update EnhancementsResearchApril 4 – 12-1 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Lexis: Expert WitnessApril 4 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: AdvancedApril 12 – 10-11 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: Security ResearchApril 12 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

U.S. Bankruptcy Court ElectronicCase Filing SystemApril 18 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

Using Bloomberglaw.com forLitigationApril 19 – 10-10:50 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Using Bloomberglaw.com for aCorporate Transactional PracticeApril 19 - 11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: BasicApril 24 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Westlaw: EmploymentApril 24 – 3 - 4 p.m.1 MCLE Credit: 1 Skills;TransitionalFree and open to the public

Electronic Research Center CLE Programs

March 2012 / The New York County Lawyer 11

County Bar Associations Applaud NYCLA’s Commercial Litigation TreatiseMany county bar associations throughoutNew York State have recently publishedbook reviews in their newsletters of theThird Edition of Commercial Litigationin New York State Courts, a joint ventureof NYCLA and Thomson Reuters. Thecritical acclaim by these county bar asso-ciations for the Third Edition of this trea-tise has been extraordinary. NYCLA isproud to share the following excerptsfrom some of these book reviews withNYCLA’s members.

Albany County BarAssociation: Thereview in the Albany County BarAssociation Newsletter stated: “A legaltreatise is worth the cost of acquisition if itwill help you work faster or find answersthat might otherwise evade you. The thirdedition of ‘Commercial Litigation in NewYork State Courts’ does both and is highlyrecommended if you do any volume ofcommercial litigation work.”

Erie County Bar Association: Thereview in the Eric County BarAssociation Bulletin concluded by statingthat “this treatise is a ‘must have’ refer-ence work for both experienced and newcommercial litigators.”

Nassau County Bar Association: Thebook review in the Nassau Lawyer con-cluded that “Commercial Litigation in

New York State Courts, as updated andexpanded in its third edition, continues tobe an indispensable resource for anyonewho litigates commercial cases in NewYork State courts.”

Oneida County Bar Association: Thereview in the Oneida County BarAssociation Bar News concluded: “Theutility of this book for New Yorkpractitioners cannot be overstated. I knowof no other work that provides suchcomprehensive coverage of the proceduraland substantive commercial law of thisstate. The practitioner is provided with thelaw for both the starting point and for theend of commercial litigation in New YorkState and a first-rate analysis ofeverything in between.”

Suffolk County Bar Association: Thereview in The Suffolk Lawyer stated: “Itis the opinion of this reviewer that theThird Edition of Commercial Litigationin New York State Courts is anindispensable resource which should be apart of every commercial litigator’slibrary. Bob Haig and the many judgesand lawyers who contributed to this greatwork are truly deserving of the thanks ofthe commercial litigation bar forproviding us with a comprehensive,authoritative and eminently readablesource of pertinent information and

invaluable practical and strategic advice.”

Westchester County Bar Association:The review in the Westchester CountyBar Association Newsletter stated: “Theoriginal work and subsequent editionshave become the leading treatise on com-mercial law in the State of New York andan important resource for commercialpractitioners and members of the judici-ary alike . . . . In the final analysis,Commercial Litigation in New York StateCourts, Third Edition, is an excellenttreatise on the subject and a vital andimportant addition to the library of theBench and Bar.”

This six volume, 7,769 page treatise, con-tains the work of 144 principal authors.Former NYCLA President Robert L.Haig of Kelley Drye & Warren LLPserves as the Editor-in-Chief. The ThirdEdition is a step-by-step practice guidethat covers every aspect of a commercialcase in New York State courts, from theinvestigation and assessment that takeplace at the inception through pleadings,discovery, motions, trial, appeal, andenforcement of judgment. Great emphasisis placed on strategic considerations spe-cific to commercial cases. The treatisealso contains 38 substantive law chaptersthat cover the subjects most commonlyencountered in commercial cases. In

addition, there are hundreds of pages ofessential litigation forms and jury chargesin print and on a CD-ROM that comeswith the set.

More information about the Third Editionof Commercial Litigation in New YorkState 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

are equally powerful. Learning by choicemeans understanding exactly what youneed to learn in order to achieve yourvision.

Try this simple exercise to sharpen yourapproach to learning.

• Think about your vision or an impor-tant goal.

• Brainstorm. What do you need tolearn in order to achieve this visionor goal?

• Choose one area in which to focusyour learning, and choose the one thatis likely to have the biggest impact.

• Ask yourself, “What’s the most power-ful way I can learn in this area to getthe best and fastest results?”

This approach will steer you away fromlearning by chance and help you chooseyour learning, so it’s more strategic andleads directly to your vision.

If you really want to lead well and livewell, you must learn to learn well, too.

ABOUT THEAUTHOR

Joelle K. Jay, Ph.D.(http://joellekjay.com/) is an executive

coach specializing in leadership develop-ment and the author of The Inner Edge:The 10 Practices of Personal Leadership,which shows leaders how to improve theireffectiveness by learning to lead them-selves. Her newsletter, Inner EdgeInsights, offers articles, exercises, tips,quotes, and success stories from real lead-ers to help you excel. To register, pleasevisit www.TheInnerEdge.com and clickon Newsletter, or emailInfo@TheInnerEdge.com.

Become A Better Leader(Continued from page 6)

March 2012 / The New York County Lawyer12

Committee Connection

By Evelyn Konrad, Esq.

The First Amendment of the U.S.Constitution, especially Freedom ofExpression, continues to be the most emu-lated part of our Constitution throughoutthe world.* The Freedom of Expression,however, is also one of the most misun-derstood areas of constitutional law. AndNew York courts are known to make itharder to litigate a libel case than for acamel to glide through the eye of a needle.

I have been a plaintiff in a New YorkState libel suit, and today, two years afterits commencement and after an AppellateDivision decision, my questions arebased on my Record on Appeal and onmy research which may help other libellitigators in this State.

Current New York State libel law

In his opinion in the Sandals(1) case, theHon. David B. Saxe of the New YorkState Supreme Court Appellate Division,First Department, demystified libel lawin New York State:

“The approach now used in this Statefor determining which statements areprotected opinion and which are unpro-tected factual assertions is based on afour-part formula enunciated in Ollman(2). . . The four factors of the Ollmanformula are: (1) whether the statementat issue has a precise meaning so as togive rise to clear factual implications;(2) the degree to which the statementsare verifiable, i.e. ‘objectively capableof proof or disproof’;... “

Justice Saxe added that the two contextparts of the Ollman formula werechanged by the U.S. Supreme Court:

“The United States Supreme Court sub-stantially altered the last two ‘context’considerations of this formula inMilkovich(3), which decision ‘put an endto the... misperception – traceable to dic-tum in Gertz(4) that... there is a whole-sale defamation exemption for anythingthat might be labeled ‘opinion.’”

Opinion Can be Actionable in New

York State and Words Matter

The Hon. Judith Kaye, former ChiefJustice of the New York State Court ofAppeals, put it this way in her majoritydecision in Immuno(5):

“... We did not, and do not, hold that allletters to the editor are absolutelyimmune from defamation actions, orthat there is a wholesale exemption foranything that might be labeled ‘opin-ion.’”“... In determining whether speech isactionable, courts must . . . considerthe impression created by the words . ..from the point of view of the reason-able person.”

In brief, it is the “reasonable person”who would construe a statement asdefamatory.

In another recent decision by theAppellate Division, 1st Department,namely in GS Plasticos Limitada(6), thecourt said, “Based on use of the words ‘itis likely’ and ‘may’ when describingdefendant’s purported misconduct, anaverage reader would understand thesewords ‘as mere allegations to be investi-gated rather than as facts.”** This thesame rationale won the defendant a deci-sion in the oft-quoted and often misun-derstood Brian(7) case.

But it is the court that determines whatstatements have evidentiary value andwhich ones do not. In libel cases espe-cially, this choice of evidence can be achallenge to objectivity.

The Reasonable Person Is Supposed toDetermine Meaning of a Word

A layman’s interpretation of many wordsis likely to differ sharply from the mean-ing that judges might give it. The court inmy libel suit held that the word “dis-charged” was not defamatory because anattorney may be discharged by a client atany time, with or without cause. This factis well known to the legal community.But what about the “reasonable person”who gets his news from a Village news-paper and from cable news channels?Might that “reasonable person” interpret“discharged” as “fired,” with all its nega-tive implications?

From their decision dismissing the libelsuit being discussed here: “The assertionthat plaintiff, an attorney, had been dis-charged by a client, was true. . .” Butthree of the appellate judges ignored theirown unanimous decision, reprinted inthe voluminous Record on Appeal, wherethe same three judges had granted plain-tiff’s 6 October 2009 motion “for anorder relieving her as appellant’s coun-sel,” after eighteen months of successfullitigation.

Substantial Truth

Since truth of a statement is a completedefense against a libel action, the phrasethat a statement is “substantially true”

takes on enormous evidentiary weight.Yet the standard most frequently miscon-strued is the libel defense called “sub-stantially true.” The courts often rely ona 1934 case, the Fleckenstein(8) case.This case states that “substantially true”is applicable only within shadings offacts, not contradiction. Two examples:

If an attorney claims that he stated thesame facts in seven motions or memoran-da of law, but he had stated those factseither in six or in eight court documents.Then, in accordance with Fleckenstein,the attorney’s statement is “substantiallytrue.”

Suppose, however, that a litigant statesthat “Roger is alive and well,” but itturns out that Roger died two monthsearlier. Is the statement “Roger is aliveand well” to be judged “substantiallytrue”? Clearly not.

Are Malice or Prior DefamationInsurmountable Obstacles to a LibelClaim?

Proving malice becomes important onlyin the case of a “public figure” or some-one who has become a “limited publicfigure.” However, malice is defined inone of two ways: (1) the defendant wrotethe defamatory statement knowing it wasfalse or with reckless disregard for hetruth, or (2) the common-law standard ofill will.

The fact that a false accusation had pre-viously been published “does not meanthat the fact that the plaintiff had beenfalsely accused earlier means that hecould not be further injured,” in Stern(9).And, in Charles Atlas(10), the court heldthat “an individual’s challenge to a cur-rent statement that had not been chal-lenged earlier did not support a findingthat an individual was libel-proof.”

In the defendant’s letter to the editor, atissue in the dismissed libel case, thedefendant boasts that he had never metthe plaintiff nor spoken to her. InImmuno(5), the editor had sent theMcGreal letter to the plaintiff beforepublication, giving the plaintiff a chanceto make corrections.

Libel cases may arise out of contractdisputes, out of employment practices,in a professional competition, and evenin the context of volunteer services.And the court decisions and the prece-dent cases are as varied as the situationsending in a libel suit. The libel suitmentioned in this article which I was aplantiff occurred after six years of con-tentious land-use litigation and itinvolved much of the libel law outlinedabove.

* From a study by Prof. David S. Law ofWashington University and Prof. MilaVersteeg of the University of Virginia,previewed in “We the People’ LosesFollowers,” The New York Times,February 7, 2012, and to be published in

Misconceptions about New York State Libel Law

Meeting ScheduleDon’t miss NYCLA’s March Committee Meetings!

March 5 Law Related Ed. 4th Floor Board Room, 5:45pmJudicial Section Room #6, 4th floor, 6 p.m.

March 6 Supreme Court 2nd Floor Lounge, 5:30pm

March 8 Central Screening 4th Floor Board Room, 6 p.m.

March 13 Animal Law 4th Floor, Room # 5, 6 p.m.Civil Rights & Liberties 4th Floor, Room # 6, 6 p.m.Taxation 4th Floor Board Room, 6 p.m.Cypberspace 4th floor, Room #2, 6:30 p.m.Health Law 4th floor, Room #4, 6:30 p.m..

March 14 Membership 4th Floor Board Room, 8:30 a.m.

March 15 Tort Law 4th Floor, Room # 5, 6 p.m.

March 20 Civil Court Practice 4th Floor Board Room, 5:30 p.m.Immigration 4th Floor, Room # 5, 6 p.m.Young Lawyers’ Section Blank Rome, 6:30 p.m.

*Guest speakers, Andrew Gurman, Managing Director, Michael Lord & Co. and JillBacker, Brooklyn Law School Career Center, on “The State of the Job Market”

March 21 Law & Literature 4th Floor, Room #6, 6 p.m*Typhoon by Joseph Conrad

Minorities & The Law 4th Floor, Room #5, 6 p.m.Women’s Rights 4th Floor, Room # 4 6 p.m.Criminal Justice Section 4th Floor Board Room, 6 p.m.

March 29 Election Law 4th Floor, Room #2, 6 p.m.

As a NYCLA member you can join any committee you like.Join today at www.nycla.org.

(See Libel Law on page 13)

March 2012 / The New York County Lawyer 13

More New Yorkers than ever have dis-coverable criminal records that couldcome up during a background check.Currently, New York State does not havean expungement or sealing law applica-ble to adults who are convicted offelonies, misdemeanors, or petty offens-es, other than drug defendants who havecompleted judicial diversion programs,DTAP programs, or certain sentences ofparole.

Other than these exceptions, a convictionfollows an ex-offender to the grave. Butthe New York legal community is look-ing to create change in this arena to allowa person with a criminal record to have a“second chance” after a suitable period oflawful living and rehabilitation, to pursueemployment, licensing, housing, educa-tion, and other benefits without the stig-ma of a prior arrest or conviction.Without employment, ex-offenders can-not meet their own or their families’

basic needs, and a criminal convictioncan be an insurmountable hurdle toemployment.

The New York State Bar Association(NYSBA)’s Criminal Justice Section’sFinal Report and RecommendationsRegarding Sealing of Certain Crimes inNew York State was approved by theNYSBA House of Delegates on January27, 2012. The Report recommends anamendment to the Criminal ProcedureLaw that would permit a person to applyto seal a record of conviction, renderingcourt records inaccessible and protectedunless the person is arrested for or for-mally charged with any misdemeanor orfelony offense.

NYCLA’s Criminal Justice Section,which has advocated for sealing reformfor several years, contributed amend-ments to the Report for inclusion in astate bill. “NYCLA has been on record assupporting legislative reform of NewYork’s antiquated statutory scheme forsealing arrest, prosecution and convictionrecords for those involved in the state’scriminal justice system,” says Hon.Michael Yavinsky, former Chair of theSection and Member of the Board ofDirectors. “The NYSBA’s current sealingproposal should be supported…because itis a natural extension of the NYCLAposition.”

NYCLA proposed a two-year waitingperiod before a person convicted of anegligible petty offense can apply forsealing and a 20-day notice requirementto apprise prosecuting agencies of a seal-ing application.

Join the Criminal Justice Section to helpNYCLA advocate for sealing reform andother key criminal justice issues—visitnycla.org and click on ‘Committees’ toget involved.

NYCLA’s Fashion Law Committee isnotorious for bringing style to NYCLA.This past fall, it hosted a panel ofFashion Lawyers on the challenges ofFashion Law, which included FITProfessor Guillermo Jimenez who cov-ered “The Innovative Design and PiracyProtection Act” (IDPPA) now pending inCongress, and the three distinct kinds of“knocking off” a Fashion Design. Whileone kind of ‘knocking off’ is legal, thesecond kind risks civil penalties, and thethird kind risks criminal penalties.

Panelist Viviana Mura, Esq. expoundedon using Trademark Law to protectFashion Designs, e.g. the famous shoeswhose “red soles” noted DesignerChristian Louboutin has been attemptingto trademark. Ms. Mura also explainedthe spectrum of protection generallyavailable under Federal Trademark Law.

Panelist Joseph Murphy, Esq., a Fashionand Patent Attorney, explained the useof patents to protect Fashion Designs infootwear, underwear, and in outerwearsuch as dresses. He emphasized howDesign Patents could be used to greatereffect to protect Fashion Designs.

NYCLA members interested in this areaare encouraged to email Fashion LawCommittee Chair Joseph Murphy atlawyer@joemurphy.com.

Committee ConnectionCommitteeNews

Committee onSupreme Court Award

Committee on the SupremeCourt’s recipient of the Louis J.Capozzoli Gavel Award at our2012 Law Day Luncheon on April27 at Cipriani Wall Street will beHon. Sherry Klein Heitler,Administrative Judge CivilBranch, Supreme Court. TheAward will be presented to her byHon. Betty Ellerin, formerPresiding Justice, AppellateDivision, First Department.

Environmental LawCommittee Fights forWater Regulations

NYCLA’s Environmental LawCommittee recently submittedcomments in response to theNew York State Department ofEnvironmental Conservation’s(DEC) proposed regulation of theuse of New York’s waterresources that would implement apermitting, registration andreporting program for waterwithdrawals equaling or exceed-ing a threshold volume of100,000 gallons per day.

Criminal Justice Section Advocates for Sealing Reform

Fashion LawCommittee Brings Style to NYCLAAnd in March, for lawyers interest-ed in exploring careers in the fash-ion industry, the Committee willhost a Public Forum open to thepublic, Getting on the Catwalk:Careers for Lawyers in FashionLaw, onMarch 8 at 7 p.m.

Event Chair Quinn Taurman, NYLaw School, will moderate a panelof experts including Karen Ash,Partner and National Co-Chairperson, Intellectual PropertyDepartment, Katten MuchinRosenman LLP; Charles Colman,Charles Colman Law, PLLC; DavidFaux, Law Offices of David Faux;Guillermo Jimenez, Professor(F.I.T.-SUNY, Iona, I.S.M.);Barbara Kolsun, General Counsel& VP, Stuart Weitzman, LLC; andHeather McDonald, BakerHostetler LLP.

June 2012 in the New York UniversityLaw Review.** The defendant in the libel case previ-ously mentioned that each of his fourdamaging statements as “unimpeachablefacts,” not as allegations, even thoughevery one of these statements was and isproven to be false in the 830-page Recordon Appeal, referred to in plaintiff’s briefs.

FOOTNOTES(1) Sandals Resorts Int’l Ltd. v. Google, Inc.,86 A.D.3d 32; 925 N.Y.S.2d 407 (1S1 Dep’t2011)(2) Oilman v. Evans, 750 F.2d 970, (DC Cir1984), cert denied, 471 U.S. 1127, (1985)(3) Milkovich v. Lorain Journal Co., 497 U.S.1 , (1990)(4) Gertz v. Robert Welch, Inc. 418 U.S. 323,339 (l974)(5) Immuno AG v. 1’.1oor-Jankowski, 77N.Y.2d 235 (N.Y, Ct. of Appeals 1991)

(6) GS Plasticos Limitada v. Bureau Veritas,84 A.D.3d 518; 922 N.Y,S.2d 365 (151 Dept.2011)(7) Brian v. Richardson. 87 N.Y.2d 46 (1995)(8)Fleckenstein v. Friedman, 241 A.D. 212,271 N.Y.S.624 (1934)(9) Stern v. Cosby, 645 F. Supp. 2d 258,(S.D.N.Y.2009)(10) Charles Atlas Ltd. v. Time-Life Books,Inc., 570 F. Supp. (S.D.N. Y,1983)(II) Roche v. }.1uivihill, 214 AD.2d 376,625N.Y,S.2d 169 (lS! Dep’t. 1995)

Focus onAdvocacy

NYCLA is urging Congress toresist legislation that wouldentail further drastic reductionsin the budget for the federal judi-ciary. NYCLA’s PresidentStewart D. Aaron sent letters tosenators and representatives,along with information from theChief Judges of the Southern andEastern Districts of New Yorkdetailing the effect that budgetcuts would have on their courts,and a copy of the Public HearingReport published last month byNYCLA.

Libel Law(Continued from page 12)

PUT YOUR BUSINESS IN FRONT OF THE LEGAL PROFESSION

TO PLACE YOUR AD CALL TODAY

631-427-7000

S T R I C T L Y P R O F E S S I O N A L

March 2012 / The New York County Lawyer14

Young Lawyers

By Brett S. Ward

Five years ago, there would be many whowould simply offer the following advicein response to this article title: “do not doanything really stupid and you will befine.” But as anybody reading thisalready knows, times have changed.Almost uniformly, summer associate classsizes have decreased, as have the size ofthe classes hired after law school. Simplyput, there is no guarantee that a summerassociate position will automatically turninto a post-law school job. Here are a fewtips for those who want to better their ownchances that it will land you an offer:

Make No Mistake, This is Your FirstImpression: Whether your assignmentsare substantive or not, require tremendouseffort or are quite brief, or you areassigned to work with a senior partner orjunior associate, your time as a summerassociate is your first, and may be youronly, chance to make a good impressionon your employer. It is unlikely that youare going to be inundated with largeamounts of substantive work requiring allnighters, so take the time you have toexcel at your first few assignments. If youare asked to digest a deposition, makesure your digest is easy to read, sufficient-ly detailed, and typo free. The summerwill fly by and your opportunities to workwith different lawyers may be somewhatlimited, so make sure the first few attor-neys with whom you work are impressedwith the product you put on their desk.

Be Social, But Not Too Social:Inevitably, summer programs have vari-ous social events that are scheduledthroughout the season. This provides thefirm with an opportunity to show you

that it is not all work and also providesthe attorneys with an opportunity to getto know the summer associates on amore personal level. The main purposeis for you to have fun, but this is not LasVegas, what happens during the socialevents does not necessarily stay at thesocial events. Stories about excessivealcohol consumption and other unfortu-nate conduct, such as rude and insensi-tive behavior, are going to get back to thehiring partners. That being said, youshould make an effort to attend most, ifnot all, of the scheduled events. Andwhen you are there, try to have a goodtime, just stay in control.

Dress for Success: If you are going tostand out, make sure it is because you areworking hard or because you are producingexcellent work. Your summer with the lawfirm is not the time to get an experimentalhaircut or try out the latest clothing fash-ions. If your firm requires business attire,wear a suit every day. If the attire is busi-ness casual, make sure you know what thatterm means and live by the rules. If youare dressed in a more casual fashion thansome of the attorneys around you, you aremaking a mistake. Law school providesyou with three years during which you canwear jeans and sneakers every day. Dustoff the nice suits and conservativeties/blouses for the summer job.

Make Your Superiors Notice You: Ifyou are trying to make an impression ona senior partner with whom you have nothad the chance to work, make casualinteractions work for you. Make aneffort to arrive at the office earlier thanthat partner or consistently leave laterthan that partner. Attorneys definitelynotice who is working when they arrive

and whose office is dark every nightwhen they leave. Also, if you hear of animportant case going on, contact theassigning partner and see if you can helpout. Offer to come in over the weekendor stay late at night to assist. Whetherthe offer is accepted or not, you havelikely made a good impression.

Learn As Much As You Possibly Can:Much of the above advice is focused onhow you can impress your superiors. Buttake some time to make sure you want towork at that firm – the cultural fit is

important. Moving laterally, especiallyin your first few years out of law school,is a difficult thing to do. Further, it issomething you will have to explain everytime somebody reviews your resume.Work is likely going to be a major part ofyour life for many, many years to come.If you like the people with whom youwork, that is a benefit upon which youcannot put a price.

Brett Ward is the co-chair of NYCLA’sYoung Lawyers’ Section and Partner atBlank Rome LLP.

Tips for Summer Associates

Tuesday, March 6

In Practice12:30-1:30 p.m.Manhattan D.A.’s Office

Thursday, March 8

Public Forum: Getting on theCatwalk: Careers for Lawyers inFashion Law7 p.m.NYCLA Home of Law

Monday, March 19

Public Forum: The Lawyer WhoIsn’t a Lawyer: Alternate Careersfor AttorneysTime 6:30 p.m

Brooklyn Law SchoolConfirmed Panelists: Danielle Eckelt,Senior Regional Director, KaplanPMBR;AnnGittlemanWallier,Director, Kinetic Partners; SusanMoon,Columnist, Above the Law, VicePresident, WyndhamWorldwide;NeilSquillante, President, PeerViews Inc.;JoshWarrum,Co-Founder and COO,ADstruc, Inc.

Tuesday, March 20

Section Meeting: State of the LegalJob Market6:30 pmBlank RomeSpeakers: Jill Back, Brooklyn LawSchool; Andrew Gurman, MichaelLord & Co; Elizabeth Halpern,Blank Rome LLP.

Young Lawyers’ Section Events

By Stephen P. Younger

The time is long overdue for seriouscourt reform in New York. Our out-moded court structure is almost 50 yearsold and New Yorkers can no longerafford the inefficiencies it produces.

As any New York litigator can tellyou, the New York court system ishighly fragmented and unwieldy.There are 11 separate trial courts withdifferent jurisdictions, rules, processes,and systems. The structure is cumber-some to administer and, for attorneysand litigants (especially the unrepre-sented), it can be a nightmare to navi-gate. For example, a family in crisisthat needs to adjudicate matrimonial,custody, and domestic violence mattersmay need to obtain relief by goingback and forth between three separatecourts, the Supreme Court, FamilyCourt, and a criminal court. Similarly,injured plaintiffs must litigate simulta-neously in the Supreme Court and theCourt of Claims whenever both thestate and a non-state actor are namedparties in a personal injury, medical

malpractice, or commercial dispute.

This complex structure also imposessubstantial and unnecessary costs oncourt users and taxpayers, a problem thatworsens as the number and complexityof cases grow.1 A 2007 study commis-sioned by former Chief Judge Judith S.Kaye found that consolidating our courtswould save approximately $500 millionannually by reducing costs for business-es and individuals who use the courtsand by reducing budget expenditures forthe state.

Because of these problems, advocateshave increasingly been calling forreform. In 1998, the New York StateBar Association (NYSBA) passed a res-olution recommending that the multipletrial courts be consolidated into a two-tiered system. Because the currentcourt structure is provided for in thestate constitution, the NYSBA resolu-tion also included a recommendationfor a constitutional amendment thatwould permit the Chief Judge and theOffice of Court Administration to estab-lish necessary court divisions, plus rec-

ommendations addressing how to filljudicial positions in the new structureand other related issues.

The 2007 study commissioned by ChiefJudge Kaye echoed these recommenda-tions. In November 2011, NYSBA’sExecutive Committee re-affirmed theserecommendations to simplify our state’scourt structure and made this issue oneof its top legislative priorities. To thatend, NYSBA is working this year withthe Fund for Modern Courts and otherstakeholders to convene a broad coali-tion of business, legal, civic, good-gov-ernment, and other groups who favorsuch reform, to build consensus andpress for change. As more groups jointhe effort, the coalition will seek tointroduce the constitutional amendmentnecessary for this reform and try toachieve first passage in the 2012 leg-islative session and second passage inthe 2013 session,2 so that the amend-ment can be presented to voters inNovember 2013.

The coalition is currently encouragingother bar associations, including the

New York CountyLawyers’Association, to join the chorusof voices calling for reform.

Source: Special Commission on theFuture of the New York State Courts,A Court System for the Future (2007)at 109.

Mr. Younger is a partner in PattersonBelknap Webb & Tyler LLP and isimmediate past president of the NewYork State Bar Association. Noah Steinof Patterson Belknap assisted in thepreparation of this article.

FOOTNOTES

1. The caseload of the courts has quadru-pled in the last 50 years, from about onemillion new filings annually to more thanfour million. The complexity of thesecases also has increased, for example, dueto heightened standards for judicial over-sight in child permanency cases andmandatory conferences in foreclosurecases.2. New York requires that proposed consti-tutional amendments be passed by two con-secutive sessions of the state’s legislature.

Court Simplification in New York

March 2012 / The New York County Lawyer 15

S E R V I C E D I R E C T O R YREAL ESTATESERVICES

Starting at: $79/month• Mail & ParcelReceiving Services• Phone Answering inYour Name(212) Exchange• Full Floor Corporate Setting w/Well Appointed Reception Area• Conf. rooms (hrly rental)• Furn. Offices (full/part time)

at 110 Wall St., 11th Floor(800) 205-7685Serving The Legal Profession

For Over 25 Yearswww.yourwallstreetoffice.cominfo@yourwallstreetoffice.com

Wall Street Office

OFFICE FORRENTOFFICE FORRENTOFFICE FORRENT

Park Ave South& 32nd St.

3 furnished offices inlaw suite (2 with win-dows & secretary sta-tions) $2250-$2650;and 1 interior office$1600. Amenitiesincluded, new build out

Call Ms. Garcia212-889-2821

22 MMiiddttoowwnn WWeesstt ooffffiiccee sshhaarreess iinn pprrooffeessssiioonnaall ssuuiittee ffoorr rreenntt..

Excellent location. Shared part-time rental with2 other attorneys. 3 conference rooms available.Friendly, low key professional environment.

Receptionist, copying, fax, high-speed internet, tele-phone, kitchen, and windowed, furnished office and conference rooms included. Available immediately. If interested

email mlinnehan@daylinnehanlaw.com or call 914-242-7200.

LAWYER TO LAWYER

SECURITIESLAW

John E. Lawlor, Esq.Securities

Arbitration / Litigation; FINRA Arbitrations;Federal and State Securities Matters

(516) 248-7700129 Third Street

Mineola, NY 11501johnelawlor.com

ADVERTISING

GOT SPACE?List your real estate

offerings here.

Call to place your ad

631-427-7000

By Eric Adler

SOPA bucks the trend of condescendinglegislative backronyms. With the original“E-PARASITE” epithet mercifully aban-doned, the “short title” succinctly reflectsthe bill’s intended purpose: Stop OnlinePiracy Act.

But, legislative analysis often requires read-ing beyond the Short Title. For your amuse-ment, I attempt to parse the 78 page bill.

International Rogues. Websites dedicat-ed to the theft of US property are a realproblem. Proponents of the bill call them“International Rogue Websites.” To com-bat these rogues, SOPA proposes twopowerful new tools; one for the govern-ment (§ 102), and one for private actors(§ 103). Since they share a similar struc-ture, journalists and commentators tendto conflate the two sections.

Private Actors and DeputizedIntermediaries. Under § 103(a), therogues are defined as websites primarily

designed to “enable or facilitate” copy-right infringement or websites that “avoidconfirming a high probability” ofinfringement. § 103(a)(1)(B)(i-ii).

If a holder of an IP right (not necessarilythe owner) believes it is harmed by a“rogue” website, this private actor sendsa takedown notice to the website’s pay-ment processor and advertisers. §103(b)(4). In response, the notified serv-ice providers must shun the rogue “asexpeditiously as possible, but in any casewithin 5 days,” 103(b)(1-2). SOPA prom-ises complete immunity to deputizedintermediaries taking such expeditiousaction. § 104.

The alleged rogue may file a counter-notice proclaiming its innocence. §103(b)(5). In response, to such a counter-notice, the deputies are allowed, but notrequired, to restore services to the web-site. There is no corresponding immunityfor deputies that restore service.

Blunderbuss. Under SOPA, websites

loose access to service providers uponallegations rather than judicial determina-tions. Copyright infringement demandsnuanced fair use considerations. PrivateCopyright owners are unlikely to reflectimpartially on fair use (especially paro-dy) before firing off a § 103(4) notifica-tion. Service providers have no incentiveto raise the issue.

These concerns raise the specter of priorrestraint, and led Prof. Larry Tribe torecently conclude SOPA “is a blunder-buss rather than a properly limitedresponse, and its stiff penalties wouldsignificantly endanger legitimate web-sites and services.”

In addition to the due process concerns of§ 103, § 102 raises certain technologicaland censorship concerns.

New Government Powers. Under § 102,the attorney general may move, in rem,for a TRO ordering Internet serviceproviders and search engines to denyaccess to rogue websites.

For these purposes, rogue websites aredefined to including websites that merely“facilitate” the commission of criminal IPinfringement. § 102(a). This is a slipperydefinition, especially where theConstitution demands narrow tailoring.

Giving the government the power tomeddle with the structure of theInternet has geeks up in arms. Theyshut down Wikipedia for a day, andblacked out the Google logo in protest.It seems this was effective. While theInternet geeks took to the streetsprotesting in front of SenatorSchumer’s office, old media baronRupert Murdoch tweeted: “@rupert-murdoch Seems blogosphere has suc-ceeded in terrorizing many senators andcongressmen who previously commit-ted. Politicians all the same.”

Eric Adler practices patent and technolo-gy law at Adler Vermillion & Skocilich,LLP. He is a member of EMIPS andCyberlaw committee and tweets from@teachingaway.

Online Secondary Liability Issues in SOPA

2. Provide business reasons to justify araise.

Providing your employer business rea-sons, rather than personal reasons, forgiving you a raise makes it easier for himto justify a salary increase. Examples ofbusiness reasons include: “I consistentlyoutperform my higher-paid peers,” or“I’ve saved the company X amount ofdollars by implementing the XYZ pro-gram.” Personal reasons include: “I don’t

make enough money to pay my mort-gage” or “My husband was just laid offfrom his job.”

3. Do not base your appeal on emotion.

Although salary is a highly personalissue, approach the discussion as a busi-ness negotiation. Keep your tone profes-sional and refrain from allowing youremotions to influence your discussion.

4. Develop a back-up plan.

What if your boss does not grant yourrequest for a raise? Ask what specific goals

you need to accomplish to merit a payincrease. Do you need to work more hoursor assume additional responsibilities?

Look beyond money at your total com-pensation package. If your employer isnot in a financial position to offer moremoney, he may be able to offer othermonetary benefits such as paid parking,extra vacation time, a project-basedbonus, enhanced work benefits or compa-ny perks such as box seats.

(c) 2012 Sally Kane(http://legalcareers.about.com/). Usedwith permission of About Inc., which can

be found online at www.about.com. Allrights reserved.

Sally is an attorney, editor and writer spe-cializing in legal, career and businesstopics. She has published hundreds ofcareer-related articles in print and web-based media and serves as editor-in-chiefof Paralegal Today, an international mag-azine covering the paralegal profession,and editor for Litigation Support Today,an international magazine serving the liti-gation support profession. Her latest proj-ect is a legal careers book to be publishedby Delmar, Cengage Learning. You canfollow her on Twitter at sallyannekane.

Ask for a Raise(Continued from page 1)

WHERE YOU SAY IT CAN BE AS IMPORTANT AS WHAT YOU SAY

TO PLACE YOUR AD CALL 631-427-7000

T H E M E D I U M I S T H E M E S S A G EMARSHALL MCLUHAN

March 2012 / The New York County Lawyer16

With CBS Coverage Group, Inc. some choices are better than others