IN THIS ISSUE : MONDAY, MAY 14, 2012
This Week at the City Bar
Around the Bar
Recent Committee Activity
Committee Seeking Award Nominations
City Bar in the News
   
This Week at the City Bar
MONDAY, MAY 14
9 AM – 5 PM,
CLE
1st Annual White Collar Crime Institute


12 PM – 2 PM,
Event
You’re Not Paranoid, They Really Are Watching You: Hot Topics in Online
Behavioral Advertising



TUESDAY, MAY 15
6 PM – 8 PM,
Event
Annual Meeting of the Association


6:30 PM – 8:30 PM,
Event
Career Paths in Public Interest


6:30 PM – 8:30 PM,
CLE
Financing Intellectual Property



WEDNESDAY, MAY 16
8 AM – 10 AM,
Event
Feeding Ourselves, Sustaining the Planet


9 AM – 5 PM,
CLE
16 Hour Bridge the Gap: Corporate & Litigation (Register for Both Days) (Day 1 Only)


12:30 PM – 1:30 PM,
Event
EPCRS Questions and Answers with Scott Feldman of the IRS – A Teleconference


5 PM – 6:30 PM,
Event
Public Service for Senior Lawyers: How to Find and Make the Most of These Opportunities


6 PM – 8 PM,
Event
Charter School Co-Locations in New York City



THURSDAY, MAY 17
8:30 AM – 10:15 AM,
Event/CLE
Creating a Game Plan for Business Development
2012 Professional Development Workshop Series


12 PM – 2 PM,
Event
The Obama Partnership – Public Affairs Luncheon


6 PM – 9 PM, CLE
Hot Topics in Energy Law: Legal & Regulatory Developments

6:30 PM – 8:30 PM, Event
Writing on the Side: Attorneys as Fiction Writers

7 PM – 9 PM,
Event
A Meditative Perspective: How Can Mindfulness, Meditation, and Contemplation Affect our Law Practice?



FRIDAY, MAY 18
8:30 AM – 9:30 AM,
Event
The ABCs of Defending Against (or Prosecuting) a Foreclosure Action


9 AM – 11:45 AM,
CLE
Persuasion Skills for Women Attorneys


1:30 PM – 4:15 PM,
CLE
Powerful Advocacy: Theater Techniques for Trial Lawyers


6 PM – 8 PM,
Event
Friday Evening Chamber Music

Around the Bar
Kathryn A. McDonald Awards


On May 7, the New York City Bar presented its annual Kathryn McDonald Awards for outstanding service to New York City Family Court, at a reception which also honored New York City Family Court Judges. On hand were, from left, Hon. Edwina G. Richardson-Mendelson, Administrative Judge, New York City Family Court; Stephanie Gendell, Chair of the City Bar’s Council on Children; honoree Peter Passidomo, Chief Clerk, New York City Family Court; Ann McDonald, daughter of former Family Court Administrative Judge Kathryn McDonald, for whom the awards are named; New York State Chief Judge Jonathan Lippman; and Samuel W. Seymour, City Bar President. Not pictured: honoree Glenn Metsch-Ampel, Deputy Executive Director, Lawyers for Children.

Honorary Membership


On May 8th, the New York City Bar Association elected Hon. Louise Arbour to Honorary Membership “in recognition of her courageous commitment to justice as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and for Rwanda, and for her unwavering leadership as United Nations High Commissioner for Human Rights.” Pictured with her are Hon. Sidney H. Stein, United States District Judge for the Southern District of New York and Chair of the City Bar’s Honors Committee, left, and Samuel W. Seymour, President, New York City Bar Association.

Recent Committee Activity
Regulatory Initiatives Under the JOBS Act
In a letter to the SEC, the Committee on Securities Regulation provided comments on the SEC’s regulatory initiatives under the JOBS Act. In the letter, the Committee addressed the rule changes mandated by Section 201 of the JOBS Act and offered the following suggestions:
1) the new purchaser conditions to Rule 144A and Rule 506, in offerings involving general solicitation, should incorporate a reasonable belief standard; 2) the provision to be added to Rule 506 requiring reasonable steps to determine accredited investor status should not be overly prescriptive; and 3) careful consideration should be given to the interplay of the amended Rules 144A and 506 with Regulation S.

Longevity Annuity Contracts
The Committee on Employee Benefits and Executive Compensation sent a letter to the IRS commenting on a proposed regulation governing the holding of certain longevity annuity contracts by qualified defined contribution plans (QLAC’s). The letter expresses general support for the proposed regulations of QLAC’s, which are designed to provide a stream of income that is guaranteed to last during the remainder of the primary annuitant’s lifetime or over the joint lifetimes of the primary and survivor annuitants. The Committee suggested improvements to facilitate the adoption of QLAC’s by employers for their defined contribution plans.

Reasonable Accommodation for Pregnant Women
The Committee on Sex and Law expressed support for A.9114/S.6273, which would amend New York State’s Executive Law to require the provision of reasonable accommodations for pregnant women in the workplace, absent undue hardship on the employer. The bill, the report notes, would help achieve the substantive equality envisioned by the federal Pregnancy Discrimination Act (“PDA”). The failure of courts to interpret the PDA to require reasonable accommodations for pregnant workers, such as temporary lifting restrictions or more frequent bathroom breaks, has led to a gap in the law that acutely affects New York State’s low-wage workers. By addressing this gap, the bill would help pregnant workers keep their jobs by requiring employers to make reasonable medically-necessary accommodations for pregnancy, and would improve economic security and equal opportunity for pregnant workers without unduly burdening employers.

Anti-lapse Statute
The Committee on Trusts, Estates, and Surrogate’s Courts issued a report in support of A.9478, which would amend Section 3-3.3 of the EPTL, New York’s anti-lapse statute. The proposed amendment would: (i) resolve a discrepancy between EPTL 3-3.3, New York’s anti-lapse statute, and EPTL 2-1.2, which provides that a distribution to issue is to be by representation (as defined in EPTL 1-2.16), and (ii) clarify that the anti-lapse statute applies to a lapse of a disposition of a future estate.

Norman Redlich Capital Defense Distinguished Service and Pro Bono Awards
The Capital Punishment Committee is seeking nominations for the Norman Redlich Capital Defense Distinguished Service and Pro Bono Awards. The Capital Defense Distinguished Service Award will be given to a practitioner in New York who has demonstrated outstanding lifetime commitment to capital defense work, whether as counsel for a capital defendant or as an advocate for reform. The Pro Bono Award will be given to a practitioner, team of practitioners, or law firm in New York that has made a substantial contribution to representing one or more death-row inmates or to the abolition of the death penalty within our criminal justice system on a pro bono basis.

Letters of nomination should be submitted to Jason Gould at jgould@pbwt.com on or before May 31, 2012. The letter should include the name, address, phone number, and e-mail address of the nominee and nominator. It should also state which award the nominee is being proposed for, and provide a detailed description of the basis for the nomination.

Recipients of the award will be announced at the annual habeas corpus training program hosted by the New York City Bar Association on July 11, 2012.

Click here for additional information.

City Bar in the News
Bloomberg BNA, May 9, 2012
New York’s Shift From Code to Rules Pared Duty Regarding Misdirected Docs
“A lawyer who receives a document that was sent by mistake must promptly notify the sender but has no other ethical obligation beyond the normal duty of truthfulness, the New York City Bar Association’s Ethics Committee has advised (New York City Bar Ass’n Comm. on Professional Ethics, Op. 2012-1). In light of New York’s adoption of Rule 4.4(b) when it shifted to a version of the Model Rules of Professional Conduct in 2009, the committee withdrew an earlier opinion that required lawyers to stop reading a misdirected document and to return it or destroy it on request. But a lawyer still may choose to take that route after consulting with the client, the opinion makes clear. The committee also pointed out that lawyers are required to follow applicable law and that courts have the authority to sanction lawyers for reading an opponent's confidential or privileged information.”


Miami Herald, May 9, 2012

Justice and the Guantanamo Trial (Editorial)
“In a series of remarkable speeches this year, the Pentagon’s chief war crimes prosecutor in Guantanamo, Brig. Gen. Mark Martins, has been arguing that the controversial military commissions established to try the perpetrators of the terrorist attacks of 9/11 represent a justice system that is ‘fair and legitimate’ and deserving of confidence. Gen. Martins’ addresses, first at the New York City Bar in January, and later at Harvard Law School, represent the government’s most elaborate and lucid defense of a judicial system that has been widely condemned as grossly unfair by civil liberties advocates at home and abroad. The prosecutor believes the critics themselves are being unfair.”


New York Law Journal
, May 8, 2012

Personal Notes on Lawyers
“The New York City Bar has presented its annual Kathryn A. McDonald Awards recognizing “excellence in service to the Family Court” to Glenn Metsch-Ampel, deputy executive director of Lawyers for Children, and Peter Passidomo, chief clerk for the New York City Family Court.”

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