IN THIS ISSUE: MONDAY, AUGUST 5, 2013
This Week at the City Bar
Around the Bar
Member Moves and Milestones
BNY Mellon Signs on to City Bar's Statement of Diversity Principles
Recent Committee Activity
Volunteers Sought for Monday Night Law
City Bar Chorus Holding Auditions
   

This Week at the City Bar
TUESDAY, AUGUST 6
9 AM – 11 AM,
CLE
Successful Art Succession: Estate Planning and Practical Issues for Collectors (Video Replay)



WEDNESDAY, AUGUST 7
9 AM – 12 PM,
CLE
Insurance Law: The Basics (Video Replay)



THURSDAY, AUGUST 8
9 AM – 11:30 AM,
CLE
Internet Rights & Technology: Practical Legal Guide to Doing Business on the Internet (Video Replay)



TUESDAY, AUGUST 13
6:30 PM – 8:30 PM,
Event
Careers in Compliance

Around the Bar

On July 31st, Judge Sheila Abdus-Salaam of the New York State Court of Appeals presided over the 2013 Thurgood Marshall Summer Law Internship Program mock trial. The students argued the Fisher v. University of Texas affirmative action case. Pictured with Judge Abdus-Salaam are the four counsel: Tiffany Cheung, Alan Eiland, Fatumata Fofana, and Muibat Ajomagberin.

Member Moves and Milestones
Switching firms? Made partner? Receiving an award? The 44th Street Notes wants to help City Bar members spread the word. Send your news to MemberNews@nycbar.org and we’ll run it in this space and/or in the Membership section of our website.

BNY Mellon Signs on to City Bar's Statement of Diversity Principles
BNY Mellon is the latest signatory to the City Bar's Statement of Diversity Principles, affirming the company's commitment to diversity goals that have specific time targets and milestones for achieving diversity. Andrew Fitzsimons, Chief of Staff of Legal at BNY Mellon, said, "We are working hard to further improve diversity within the Legal Department in many forms and we believe that signing on to these principles is another signal of our commitment to do what is right. We’re delighted to join the many other corporate law departments and law firms who are signatories."

The City Bar thanks Mr. Fitzsimons and BNY Mellon General Counsel Jane Sherburne for their leadership, and invites other corporate legal departments and law firms to join the more than 100 firms and corporations that have signed on to the Statement. As the Statement says, "With greater diversity, we can be more creative, effective and just, bringing more varied perspectives, experiences, backgrounds, talents and interests to the practice of law and the administration of justice. A diverse group of talented legal professionals is critically important to the success of every law firm, corporate or government law department, law school, public service organization and every other organization that includes attorneys."

Recent Committee Activity
Purchase Price Adjustment Clause
In a report entitled Purchase Price Adjustment Clauses And Expert Determinations: Legal Issues, Practical Problems And Suggested Improvements, the Committee on International Commercial Disputes looks at the Purchase Price Adjustment Clause from a legal and practical point of view. The report notes that there has been a substantial increase in the number of court cases concerning the proceedings prescribed by Purchase Price Adjustment Clauses, which highlights the fact that many parties, and particularly foreign parties, may not be familiar with the legal issues relating to these clauses. In particular, the report seeks to clear up the confusion between this proceeding, which is an “expert determination” and an arbitration, and presents an extensive analysis of the case law. The report also sets forth specific recommendations to guide practitioners in this area, including model clauses.

Animal Enterprise Terrorism Act
The Committees on Civil Rights and Animal Law jointly filed an amicus brief in Blum v. Holder with the U.S. Court of Appeals, First Circuit. The brief urges that the Animal Enterprise Terrorism Act (AETA) be found unconstitutional as by its terms the Act punishes free speech activity such as leafleting, protests and boycotts. The AETA was enacted ostensibly to provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals who take actions against animal enterprises. The brief argues that the AETA denies due process of law under the Fifth Amendment by failing to provide constitutionally mandated notice of what is illegal and makes individuals susceptible to arbitrary enforcement, therefore chilling speech. The brief also notes that the use of the word “Terrorism” in the title of the Act in itself chills speech.

Public Safety as a Factor for Setting Bail
In a joint report, the Committees on Criminal Courts and Corrections and Community Reentry expressed opposition to A.6799/S.4483, which would require judges to consider public safety as a factor for setting bail. Though the Committees recognize the goals of the Bill and applaud the Legislature's attempts to revise New York's current bail scheme, the report argues that the Bill does not achieve the stated goals. There is no evidence that the Bill would be effective in protecting public safety; indeed, the report notes, available data from states with statutes similar to the proposed Bill shows no difference in re-arrest rates. In addition, the report expresses disfavor with the Bill because: 1) the provision that requires judges to set bail in the least restrictive means runs counter to the public safety provisions; and 2) the Bill does not provide adequate definitions or tools to assist courts in assessing public safety effectively.

Volunteers Sought for Monday Night Law
The City Bar's Committee for Legal Services for Persons of Moderate Means in conjunction with the City Bar Justice Center is seeking volunteer attorneys to staff the Monday Night Law clinic, which begins its 23rd year in September. MNL is designed to address the public’s need for affordable and accessible legal assistance by providing clinics every Monday evening at the Association where volunteers meet with clients who have been screened by the Association’s Legal Referral Service, which coordinates MNL’s scheduling. Volunteers must attend two training sessions in September and commit to attend the clinic one Monday evening per month from October 2013 through August 2014.

For more information about the program and how to apply, click here.

City Bar Chorus Seeks Tenors, Baritones and Basses for Gala 20th Anniversary Concert
The 80+ voice New York City Bar Chorus is conducting auditions (brief, private and low-pressure) for tenors, baritones and basses for its 20th Anniversary Year. Our repertoire ranges from The Fab Four to Queen, jazz to gospel, and South Pacific to West Side Story, Pippin and Rent. We rehearse two or three Tuesday evenings per month, from 6:45 to 8:15 PM, in midtown Manhattan (Radio City/Rock Center area) to produce what our audiences describe as a professional-quality sound. We perform frequently, serving our community by bringing music to people in group residences and medical facilities and also singing for luminaries of the bench and bar. Prior choral or a cappella experience is preferred but not mandatory if you have a good ear. You also don't have to be a salesperson -- unlike other choruses, we don't require members to sell tickets, and annual dues are modest.

Come help us celebrate our 20th year of spreading musical joy, which will culminate in a gala performance at the City Bar on Friday evening, November 15, 2013. If you practice or study law, or otherwise work in a law firm, in-house corporate or government law department, court, law school, legal non-profit, or any other legal setting, whether as a lawyer or non-lawyer, and would like to join us, please e-mail us here as soon as possible. For more information, visit our website or Facebook page. See and hear us in action here.

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