IN THIS ISSUE: MONDAY, FEBRUARY 4, 2013
This Week at the City Bar
Around the Bar
Legislative Affairs: 2013 Session Preview
Recent Committee Activity
Featured Committee Page: Copyright News
Securities and Finance Law Volunteer Attorneys Needed
City Bar in the News
   
This Week at the City Bar
TUESDAY, FEBRUARY 5
12:30 PM – 2:30 PM, Event
Luncheon with a Judge: Hon. Robert D. Sack, Second Circuit Court of Appeals


6 PM – 9 PM,
CLE
Taking & Defending Depositions: Strategic Tips & Techniques


6:30 PM – 8 PM,
Event
Doing Business in Developing Countries: The Importance of the Rule of Law


6:30 PM – 8 PM,
Event
Turning Lemons into Lemonade: Strategies for Handling Workplace Adversity in Ways That Strengthen Your Personal Brand and Contribute To Overall Success



WEDNESDAY, FEBRUARY 6
9 AM – 5 PM,
CLE
Basic Mediation Training: Conflict Resolution Theory & Techniques

6 PM – 9 PM,
CLE
Co-ops & Other Residential Closings: Preparing for What Lies Ahead


6:30 PM – 8:30 PM,
Event
Protecting the Rights of People with Mental Disabilities in Africa


–8:30 PM,
Event
Securities Litigation: Recent Trends Impacting Class Certification




THURSDAY, FEBRUARY 7
6 PM – 8 PM,
Event
The Dangers of Rights Lawyering in China and the Role of American Law Firms: A Conversation with Chen Guangcheng and Professor Jerome Cohen; Presentation of City Bar Honorary Membership to Chen Guangcheng


7 PM – 9 PM,
Event
Scotch Tasting – Lawyers Connect First Thursdays Series



FRIDAY, FEBRUARY 8
9 AM – 5 PM,
CLE
16 Hour New Jersey Bridge-the-Gap: Satisfy the Mandatory 15 Credits & More
(Day 2 Only)


6 PM – 8 PM,
Event
Friday Evening Chamber Music

Around the Bar
Stetson University School of Law Wins Moot Court


On January 31st, Stetson University School of Law won the 63rd Annual National Moot Court Competition, held at the City Bar. Pictured above are the final round's judges and the competition winners (L-R): Hon. Barry M. Kamins, Supreme Court Justice, Kings County; Chilton Davis Varner, President, American College of Trial Lawyers; Hon. John W. Sweeny, Jr., Supreme Court Justice, Appellate Division, First Department; Stetson School of Law winners Victoria San Pedro, Andrew Harris, and Julia McGrath; Hon. Carol Bagley Amon, Chief Judge of the United States District Court, Eastern District of New York; Hon. Ronnie Abrams, Judge of the United States District Court, Southern District of New York; Carey R. Dunne, President, New York City Bar Association; and Hon. George B. Daniels, Judge of the United States District Court, Southern District of New York.

Legislative Affairs: 2013 Session Preview
As New York State begins its 2013 legislative session, we have only the briefest of moments to reflect on 2012, a session which yielded two new state laws courtesy of City Bar proposals. One clarifies and strengthens the trust provisions that govern the relationship between an artist-consignor and merchant-consignee, and the other expands an attorney's ability to attach a charging lien to a client's monetary recovery to cases where alternative dispute resolution is utilized. A number of other measures supported by the City Bar were also enacted; you can read more about them here.

2013 has been off to an unusually quick start, and with important changes afoot in the Legislature. As a result of November’s election, a new crop of legislators has taken office and the Senate will operate under a new power-sharing agreement between Republicans and the Independent Democratic Conference. The devastation of Superstorm Sandy continues to be felt throughout the state, and the Legislature will begin to address some of the issues that have arisen in the wake of the storm and the implications the disaster will have on the state's finances and future protocols.

Read more.

Recent Committee Activity
African Lions
In a letter to the U.S. Fish and Wildlife Service, the Committee on Animal Law urged that the African lion be added as an endangered species under the Endangered Species Act of 1973 (“the Act”). The Act defines endangered species as any species that is in danger of extinction throughout all or a significant portion of its range. A species may be deemed in danger of extinction because of any of the following factors: 1) there is a present or threatened destruction, modification, or curtailment of the habitat or significant portion of its range; 2) overutilization for commercial, recreational, scientific or educational purposes; 3) disease or predation; 4) inadequacy of existing regulatory mechanisms; or 5) other natural or manmade factors affecting its continued existence. The African lion, the letter argues, meets any and all of the criteria set forth in the Act.


Duties to Prospective Clients
Formal Ethics Opinion 2013-01 issued by the Committee on Professional Ethics explains the duties owed by lawyers to prospective clients under Rule 1.18 of the New York Rules of Professional Conduct. Rule 1.18, adopted by the courts in April 2009, establishes several duties for lawyers that did not previously appear in the governing lawyer ethics rules and could only be gleaned from the case law. The Opinion explains the nature of those duties in a comprehensive and easy-to-understand fashion. Rule 1.18’s duties are determined by the nature of the information received from the prospective client and may restrict the lawyer’s ability to use or reveal the information or to represent adverse parties in the same or a substantially related matter. However, while significant, these duties are less restrictive than the comparable duties owed to former and current clients and permit the use of ethical screens to take on adverse representations.

Featured Committee Page: Copyright News
The City Bar’s Copyright & Literary Property Committee addresses a wide variety of issues of concern to the copyright bar and to industries that are focused on content creation, distribution and publication, including book and magazine publishing, media, entertainment, music, art, film, and online content delivery technologies and business models. The committee follows and reports on noteworthy decisions, new and proposed legislation, and cutting edge developments. To view the committee’s copyright news page click here.

Securities and Finance Law Volunteer Attorneys Needed
The Office for Diversity Pipeline Initiatives is seeking attorneys with securities and finance law experience to participate as Advisor-Volunteers during the new Securities and Finance Law Seminar Series. Advisor-Volunteers will meet after each seminar with diverse law students from local law schools who are interested in learning more about a career in securities or finance law. We ask the volunteers to talk about their practice and career path leading to their current position at a law firm, in-house, with the government or elsewhere. Attorneys can volunteer on one or more of the following dates: 2/8, 3/22, 3/29, 4/5. For more information about the series, please visit the Series FAQ or the Program Website. Interested attorneys should email Gabrielle Brown here.

City Bar in the News
New York Law Journal, February 1, 2013

Q&A: Barbara Berger Opotowsky
“After a 15-year tenure as executive director of the New York City Bar, Barbara Berger Opotowsky is resigning in May. A search committee under city bar president Carey Dunne has been formed to find her successor. Opotowsky has served with nine presidents while overseeing the now 24,000-member organization. She also has overseen a budget of about $15 million for the city bar and another $5 million for its public service affiliate, the City Bar Fund.”


Thomson Reuters, January 30, 2013

Lawyers Owe Duties to Prospective Clients: Bar Association
“An ethics opinion released Wednesday clarified the duties New York lawyers owe prospective clients under a 2009 professional conduct rule. The New York City Bar Association ethics opinion addressed New York Rule of Professional Conduct 1.18, which imposes two main duties on lawyers who have had discussions about a matter with a prospective client. First, the lawyer cannot use or disclose information learned during the consultation, just as the lawyer would be restricted from disclosing information obtained from a former client, the opinion said. Second, the lawyer cannot represent a client with ‘materially adverse’ interests in the same matter or a related matter if the information received from the prospective client could be ‘significantly harmful’ to that prospective client.”

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