IN THIS ISSUE : MONDAY, MAY 16, 2011
This Week at the City Bar        
Around the Bar
Member Profile: Daniel R. Alonso
Recent Committee Activity
City Bar in the News
Give the Gift of Membership
   
This Week at the City Bar
MONDAY, MAY 16

12 PM 2 PM, Event
The “Where, Why, and How” of Transformative Mediation: The New Transformative Mediation Sourcebook


6 PM 8 PM, CLE
The New Whistleblower Employee Protections of the Dodd-Frank Act


TUESDAY, MAY 17
9 AM 12 PM, CLE
Electioneering & Lobbying Issues for Nonprofits


6 PM, Event
Annual Meeting of the Association



WEDNESDAY, MAY 18
8 AM 9:30 AM, Event
Negotiating For the Life You Want - Women Partners Workshop Series


6 PM – 9 PM, CLE
The “How To” Of Successful Motion Practice


6:30 PM, Event
Islam and Democracy



THURSDAY, MAY 19
8:30 AM 10 AM, Event
Smart Marketing Means Ready, Aim, Fire: Fire Your Value Proposition at Your Targeted Prospects

8:30 PM 10:15 PM, Event
Legal Project Management: A Case Study - Professional Development Series


1 PM 5 PM, Event
The Holocaust: Reflections Today


6 PM 8 PM, CLE
Examiner Examination: Dissecting The Role of Examiners In Contemporary Corporate Bankruptcy Cases



FRIDAY, MAY 20

9 AM 12 PM, CLE
12th Annual Corporate & Securities Law Update: Advising Clients on Whistleblower, Social Media & Social Networking Developments

Around the Bar
City Bar Presents 2011 Kathryn A. McDonald Awards

On May 11th, Melissa Beck and Virginia Gippetti were awarded the Kathryn A. McDonald Award for excellence in service to the New York City Family Court. From left: Hon. Jonathan Lippman, Chief Judge, New York State Court of Appeals; Melissa Beck, CEO, Legal Information for Families Today (LIFT); Virginia Gippetti, Director of Data Analysis, New York City Family Court; Hon. Edwina Richardson-Mendelson, Administrative Judge for the Family Court of the City of New York; Samuel W. Seymour, President, New York City Bar; and Karen Freedman, Chair, Council on Children.

Madoff: The Wizard of Lies

On May 12th, New York Times reporter Diana B. Henriques spoke at a Public Affairs Luncheon about her new book on Bernard Madoff, “The Wizard of Lies.”

Common Ethical Issues in Pro Bono Representation

On May 12th, Jeremy Feinberg, Statewide Special Counsel for Ethics in New York’s Office of Court Administration, moderated a program on Common Ethical Issues in Pro Bono Representation.

Member Profile
Daniel R. Alonso
As an undergraduate, Dan Alonso didn’t have an interest in becoming a lawyer per se, but a lawyer was what you had to become to be a prosecutor, and a prosecutor was what you had to become to do the sorts of things that were done by Robert Morgenthau and Rudy Giuliani, whose cases had enthralled Alonso as a young man. During his first year at NYU Law, Alonso applied to be a summer intern in the Manhattan DA’s office, and he says not being hired turned out to be a good thing for him. That’s because he instead landed an internship in the New York Attorney General’s Medicaid Fraud Control Unit, where he got to know some great people who would become lifelong mentors. Read more.

Recent Committee Activity
Independent Account Controllers
The Committee on Futures and Derivative Regulation sent a letter to the FTC expressing concern about the Commission’s proposed rule that would implement Section 737 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Commission’s proposal, the letter notes, would not apply the existing exemption for independent account controllers to Commission-set speculative position limits for exempt and agricultural commodities. This omission, the letter argues, would have a significant adverse affect for market participants without an articulated regulatory or market benefit.

LGBT Rights

In a report to Governor Cuomo, the Committee on Lesbian, Gay, Bisexual and Transgender Rights outlined some of the most important issues affecting the LGBT community in New York State, including: the repeal of the Medicaid exclusion of medically necessary health services for transgender New Yorkers; marriage equality for same-sex couples; executive recognition of out-of-state comprehensive legal relationships; extending non-discrimination protections to transgender and gender non-conforming people; and judicial diversity with regard to LGBT. The report urges the Governor to take action with regard to these issues to ensure that LGBT New Yorkers are afforded equal rights and protections.

Legal Issues Affecting Animals
The Committee on Legal Issues Pertaining to Animals sent a letter to Governor Cuomo outlining the areas where the administration could have a positive impact on the lives of New Yorkers and the city's animal population. The letter urges the Governor to support various bills that would: ban state-wide canned hunts; eliminate the force feeding of geese and ducks for the production of foie gras; alleviate extreme confinement in animal farming operations; ban the possession of wild animals as pets and the use of wild animals in entertainment; prohibit continued outdoor tethering of a dog for a period of more than three consecutive hours in any twelve-hour period; and put in place fire safety requirements for pet stores or other places where animals are confined.

Sealing of Criminal Records
The Criminal Justice Operations Committee issued a report in support of A.7624/S.4841, which would allow for the complete sealing of a criminal record for a defendant whose case was dismissed at arraignment or earlier pursuant to Criminal Procedure Law (CPL) §140.45 and §150.50, where the accusatory instrument was legally insufficient. Currently, §160.50 of the CPL allows for complete sealing of criminal records (within the court, police department, and district attorney’s office), upon a successful written motion to dismiss the accusatory instrument for facial insufficiency, but does not allow for complete sealing when a defendant moves successfully for dismissal at arraignment either for a warrantless arrest (per §140.45) or for when a desk appearance ticket was utilized (per §150.50). This oversight, the report notes, would be remedied by the amendments in the proposed legislation.

City Bar in the News
Compliance Reporter, May 10, 2011
NYC Bar Wants Fund Directors Out of 2a-7
The New York City Bar’s Committee on Investment Management Regulation has urged the Securities and Exchange Commission to rethink its proposed amendments to money market fund rules by removing fund boards from the process of determining creditworthiness. In a recent comment letter to the agency, Kenneth Berman, chair of the committee and partner with Debevoise & Plimpton, argued the policy of requiring fund boards to review securities for their financial soundness is antiquated and suggested that the compliance burden be shifted to the funds investment adviser.…Without the objective standards supplied by rating agencies, determining creditworthiness would depend heavily on the “professional investment expertise” that is generally possessed by a fund advisers rather than its board, Berman argued. “A fund board should not be expected to substitute its judgment for that of a rating agency, credit analyst or other investment professional,” he wrote.

Slate/Pro Publica, May 9, 2011
In Fine Print, Banks Require Struggling Homeowners to Waive Rights
While regulators have banned the practice, some banks and others who handle mortgages have still been forcing homeowners into a corner: You want a chance at saving your home? Then youˇ¦ll have to waive your rights.…In January, HSBC, which services approximately 340,000 mortgages throughout the United States, offered a client of Wendy Dolce, an attorney with the City Bar Justice Center in New York, a payment plan with a similar clause. ˇ§It's something that I would never counsel a client to sign or accept,ˇ¨ said Dolce.

Give the Gift of Membership to Law Students or Recent Graduates
Do you know someone who is heading off to law school in the fall? Or a 2011 law school graduate? Either would benefit greatly from Association membership. Membership offers opportunities for networking, committee involvement and continuing education, which are key for new lawyers and law students. Pay their first year of membership and get them on the right track professionally.

Contact the Membership Office at 212-382-6665 or membershipservices@nycbar.org for information.

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