IN THIS ISSUE : MONDAY, JUNE 11, 2012
This Week at the City Bar
Around the Bar
Stimson Awards Turns Twenty; Prior Awardees Have Made Their Mark
Recent Committee Activity
City Bar in the News
New Member Benefit
   
This Week at the City Bar
MONDAY, JUNE 11
6 PM – 9 PM,
CLE
2012 Elder Law Updates



TUESDAY, JUNE 12
8:30 AM – 10 AM,
Event
Client-Centric Communications – Smart Marketing Series


9 AM – 12 PM,
CLE
Securities Arbitration & Mediation Hot Topics 2012 “The” Program for Attorneys, Experts, Arbitrators & Mediators


6 PM – 8 PM,
CLE
Brief Writing 101: A Step-By-Step Approach


7 PM – 9 PM,
Event
Gunfight: The Battle over the Right to Bear Arms in America





WEDNESDAY, JUNE 13
9 AM – 12:30 PM,
CLE
Lawyering in the Fashion Industry: A Practical Guide to Licensing, Trademark Protection & Other Industry Issues


6 PM – 8:30 PM,
CLE
Parallel Proceedings: Emerging Issues And Best Practices



THURSDAY, JUNE 14
12:30 PM – 2 PM,
Event
Business Opportunities Through the Association’s Legal Referral Service


6 PM – 8 PM,
CLE
Staying on Top of the Latest Developments in Wage & Hour Law: Key Court Decisions, Government Initiatives & Compliance Challenges


7 PM – 9 PM,
Event
Meditation, Mindfulness, and Performance: Can Doing Nothing Help You Do Everything Better?



FRIDAY, JUNE 15
9 AM – 12:30 PM,
CLE
Privacy & Security Law Update: Mobile Services, Internal Security Practices & More

Around the Bar
Diversity Luncheon

The City Bar presented its 2012 Diversity & Inclusion Champion Awards at a ceremony and luncheon on June 5th. The award recognizes the critical role individual attorneys have played in initiating and sustaining change within their organizations and the overall New York legal community. From left: Carey R. Dunne, President, New York City Bar Association, and award recipients Eric J. Friedman, Executive Partner, Skadden, Arps, Slate, Meagher & Flom LLP; Steven Banks, Attorney-in-Chief, The Legal Aid Society; Lorraine S. McGowen, Partner, Orrick, Herrington & Sutcliffe LLP; Don H. Liu, Senior Vice President, General Counsel & Secretary, Xerox Corporation; and Sheila Boston, Chair, Enhance Diversity in the Profession Committee.

Stimson Award Turns Twenty
Prior Awardees Have Made Their Mark
The New York City Bar Association held its 20th annual Henry L. Stimson Medal Award Ceremony on June 5th. The award honors the memory of Henry L. Stimson, the former U. S. Attorney for the Southern District of New York and cabinet member to four Presidents, by the annual awarding of medals in his name to four outstanding Assistant U.S. Attorneys in the Southern District and Eastern District of New York.

Read more.

Recent Committee Activity
Legal Issues Involved in the Western Sahara Dispute
Western Sahara is a territory roughly the size of Colorado situated between Morocco to the north, Mauritania to the south, and Algeria to the east. For more than thirty years, sovereignty over this territory has been in dispute and the process of its decolonization has raised serious implications for the application of principles of international law and United States policy. The United Nations Committee drafted a report entitled, The Legal Issues Involved in the Western Sahara Dispute: The Principle of Self-Determination, which addresses the issue of sovereignty; and examines the claims to self-determination of the peoples of Western Sahara and the territorial claims of Morocco under principles of international law. After analyzing the various legal theories supporting the right to self-determination of the people of Western Sahara and the countervailing right of the state of Morocco to territorial integrity, the report concludes that the people of Western Sahara have a right under international law principles to self-determination that is undiminished by any legitimate territorial or other legal claim of Morocco. The report also makes a number of recommendations on how best to move forward to assure that this dispute is resolved in the near future.

Private Company Flexibility and Growth
In a letter to the Securities and Exchange Commission, the Committee on Securities Regulation provided comments on Title V: Private Company Flexibility and Growth of the Jumpstart Our Business Startups Act of 2012 ( JOBS Act). The comments, which primarily focused on the use of the accredited invest concept, offer the following suggestions, including that the Commission: 1) confirm that "accredited investor" for this purpose has the meaning set forth in Rule 501(a) under the Securities Act; 2) address through rulemaking the question of when a determination must be made whether a given holder is an accredited investor; 3) clarify that holders of securities issued in transactions covered by Rule 701 under the Securities Act would be treated as persons who receive the securities pursuant to an employee compensation plan within the meaning of Exchange Act Section 12(g)(5)(A), as amended by Section 502 of the JOBS Act; and 4) consider amending Rule 12g3-2(a) to bring the 300 U.S. resident holder criterion more in line with the new 2,000 holder standard of Section 501.

City Bar in the News
Thomson Reuters, June 6, 2012
New York State Legal Aid Funds Doubled to $25 Million
“Nonprofit groups that provide free civil legal services to low-income people in New York have received twice the state funding they were awarded last year, state court administrators said…The New York City Bar Association’s Justice Center, whose grant doubled to $288,000 this year, uses the money for programs that aid veterans, homeless people and poor people facing foreclosure, among others. The group also operates a telephone hotline that connects people with attorneys and paralegals who answer simple legal questions. Lynn Kelly, the executive director of the center, said the new money would allow the group to hire additional staff for the hotline, which was able to answer less than 60 percent of the nearly 18,000 calls it received over the last year. The money may also allow the group to expand a program that helps low-income people file for bankruptcy. ‘We try not to re-create what the legal service community already does well,’ Kelly said. Instead, ‘we try to fill in the gaps in service delivery.’”

New York Law Journal
, June 5, 2012

City Bar Issues Opinion on Social Media Research
“Attorneys can use social media to learn about potential jurors as long as they do not communicate with them, according to a new ethics opinion by the New York City Bar. In a formal opinion titled ‘Jury Research and Social Media,’ 2012-2, announced yesterday, the bar group noted that it may be necessary for lawyers to look up jurors on social media sites like Facebook or Twitter because jurors have used those sites inappropriately…‘Indeed, standards of competence and diligence may require doing everything reasonably possible to learn about the jurors who will sit in judgment on a case. However, social media services and websites can blur the line between independent, private research and interactive, interpersonal “communication.”’ The opinion said that ‘communication’ includes any message sent to a juror via social media as well as sending a ‘friend’ request.”

Thomson Reuters
, June 4, 2012

NYC Bar Limits Jury Research on Social Media
“Lawyers can conduct research on social media websites, so long as they do not communicate with potential or sitting jurors, the New York City Bar Association said in an ethics opinion released Monday.

Wall Street Journal
, June 3, 2012

$1,000/Hour Bankruptcies: Attorneys Justify Their Fees
The Justice Department has grown increasingly restless with attorney fees—often exceeding $1,000 an hour—paid by companies going through a bankruptcy reorganization. On Monday, the attorneys will get to press their own case for the fees when they convene in a public meeting in Washington. They will spar with the Justice Department’s U.S. Trustee Program, which monitors bankruptcy proceedings and has been advocating an overhaul of how lawyers are paid in bankruptcy cases…The watchdog would also like attorneys to draw up budget and staffing plans at the outset of a case.…Under the proposed requirement, attorneys would have to explain ‘any substantial upward variation’ between the budget and the ultimate fees charged…Attorneys are concerned that the proposed requirement for detailed budgets would, ‘by exposing [their] legal strategy prematurely,’ hurt their ability to effectively represent a client, wrote Damian Schaible of the New York City Bar Association.”

New Member Benefit
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