This Week at the City Bar
MONDAY, MAY 20
9 AM – 5 PM, CLE
2nd Annual White Collar Crime Institute
6 PM – 8 PM, Event
A Conversation with Ram Jethmalani, former Law Minister of India
TUESDAY, MAY 21
8:30 AM – 10 AM, Event
Inside the Hiring Committee: Inside Tips from Recruiters on How to Get Hired
6 PM – 8 PM, Event
Annual Meeting of the Association, and reception for unveiling the portrait of former Association President Samuel W. Seymour and honoring outgoing Executive Director Barbara Berger Opotowsky
6 PM – 9 PM, CLE
Practical Advice on Handling Legal Issues Confronting the Art World Today
WEDNESDAY, MAY 22
8:30 AM – 10 AM, Event
Meeting the Challenge of Change
Smart Marketing Series
9 AM – 5 PM, CLE
16-Hour Bridge-The-Gap: Corporate & Litigation (Register for Both Days) (Day 1 Only)
THURSDAY, MAY 23
8:15 AM – 9:30 AM, Event
Practicing in the Court of Claims
9 AM – 11 AM, CLE
Ethics for Litigators
6 PM – 7:30 PM, Event
So, You Have an Unreported Foreign Account: What Are Your Options, and How
Risky Are They?
The Herman Goldman Memorial Lecture
6:30 PM – 8:30 PM, Event
Fighting Wildlife Crimes with Forensics
7 PM – 8:30 PM, Event
Rule of Law in Afghanistan: First Hand Accounts
Around the Bar
The Hon. Dr. Willy Mutunga, Chief Justice/President of the Supreme Court of Kenya, gave a presentation on May 13th focusing on the implementation of Kenya’s current constitution and the role of the Kenyan judiciary in the transformation of Kenya. The event was sponsored by the African Affairs Committee, the Council on International Affairs and the Cyrus R. Vance Center for International Justice. From left, Hon. Dr. Willy Mutunga; Alex Papachristou, Executive Director, Vance Center; Bret Parker, incoming City Bar Executive Director; Carey R. Dunne, City Bar President.
Recent Committee Activity
E-Discovery Guide for Lawyers
The City Bar’s E-Discovery Working Group has issued an E-Discovery Guide for Lawyers. The Guide is intended to offer an overview of procedures and steps an attorney should take when handling electronically-stored information (ESI), including: the identification of ESI; knowing who is responsible for the ESI and how and where it was stored; and the importance of knowing how the ESI has been preserved. The Guide also offers a list of e-discovery resources attorneys may want to consult for a more detailed explanation of an attorney's duties and responsibilities concerning e-discovery.
Performance Enhancing Drugs in Horseracing
The Animal Law Committee expressed support for S.835, which would prohibit the use of performance-enhancing drugs in New York State horseracing. Specifically, the proposed law would prohibit a person from knowingly providing performance-enhancing drugs to racehorses, as well as entering a horse in a race if the person knows the horse is under the influence of a performance-enhancing drug. By passing the proposed legislation, the report notes, New York would join other jurisdictions in recognizing the harmful effects of these drugs on horses.
The Animal Law Committee expressed general support for A.3661/S.4074, which would make it unlawful for any person to organize, promote, conduct or participate in any contest where the objective of such contest or competition is to take the greatest number of wildlife. Violation of this statute under the proposed legislation would constitute an unclassified misdemeanor punishable by imprisonment of up to one year and by a fine up to $500. The report offers one suggested change: that the propose legislation be amended to specifically address the issue of restitution for reasonable veterinarian or rehabilitation expenses payable by the convicted party as part of their sentence for animals wounded in a prohibited competition.
Domestic Excess Line Insurance Companies
The Insurance Law Committee issued a report on A.5631/S.3858 (the Excess Line Legislation) which would amend the New York Insurance Law by adding a new Article 58 authorizing domestic excess line insurance companies. The Committee first issued comments on the proposed legislation in June 2012 and notes the current pending legislation reflects most of the comments made in the earlier report. The report notes that two concerns remain with respect to the proposed legislation: 1) the application of other provisions of the Insurance Law and 2) the availability of “independently procured” coverage, and it urges that these potential ambiguities in the text of the legislation be remedied.
Allowing All Types of Nonprofits to Become Licensed Budget Planners
In a joint report, the Committees on Consumer Affairs and Civil Court expressed opposition to the proposal that had been in the State’s Executive Budget for 2013-14 that would have amended the Banking Law to permit all types of nonprofit corporations to become licensed budget planners. Restricting budget planners to type B not-for-profit corporations, the report argues, makes it more likely that licensed budget planners will be organizations that genuinely engage in services that involve charitable and educational purposes and thus will be best situated to provide professional services to consumers and would best protect the public from unscrupulous operators. Although the proposal has not been enacted, the report offers these comments in opposition should the proposal be considered in the future.
Inclusion of Same-Sex Spouses in Family Reunification Immigration Laws
In a joint letter to Congress, the Committees on Civil Rights; Immigration and Nationality Law; Lesbian, Gay, Bisexual and Transgender Rights; and Sex and Law expressed support for Senator Leahy’s amendments to the Border Security, Economic Opportunity, and Immigration Modernization Act , S. 744, which would include same-sex spouses and permanent partners in family reunification immigration laws. These amendments, the report notes, update immigration law to reflect advances around the world in recognizing same-sex partnerships and protect the rights of U.S. citizens and lawful permanent residents with same-sex spouses or permanent partners to bring their partners to the U.S. as heterosexual couples do.
City Bar in the News
Wall Street Journal, May 12, 2013
Bankruptcy Costs Attacked
“Federal watchdogs are preparing to exert more control over costs in big bankruptcy cases. In the initial push, the first overhaul of guidelines intended to keep costs in check in about 17 years is expected to be unveiled by July 1. It aims to tamp down on fee and expense applications submitted by attorneys for corporate debtors and sometimes creditors.…Some in the bankruptcy world are pushing back on the oversight. Damian Schaible, chairman of the Committee on Bankruptcy and Corporate Reorganization for the Association of the Bar of the City of New York, said in a letter last year to the Department of Justice that in some cases, hiring fee examiners to pore over expenses can increase the total costs to the estate ‘without commensurate benefit.’”
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