IN THIS ISSUE : MONDAY, OCTOBER 1, 2012
This Week at the City Bar
Around the Bar
Recent Committee Activity
Small Law Firm Symposium
City Bar in the News
   
This Week at the City Bar
TUESDAY, OCTOBER 2
8 AM – 1 PM,
Event
Boot Camp 2012


6 PM – 8 PM,
Event
Long Term Care Insurance: Stable Options in an Unsettled Market


6 PM – 9 PM,
CLE
Medical Witnesses: Practical & Ethical Issues Involving Physicians Who Testify



WEDNESDAY, OCTOBER 3
8 AM – 9:30 AM,
Event
Communicating with Presence & Impact – Women Partners Workshop Series


5 PM – 6:30 PM,
Event
Doing Well by Doing Good: The Business Development Benefits of Law Firm Pro Bono


6 PM – 8:15 PM,
CLE
Protecting Your Client in the Current Environment: Residential Real Estate Contracts & Leases – Using, Drafting, & Negotiating Riders


6:30 PM – 8 PM,
Event
The Unspoken Rules of Success in the Legal Profession: What You May Not Hear In Your Professional Development Workshops



THURSDAY, OCTOBER 4
8 AM – 1 PM,
Event
Boot Camp 2012


6:30 PM – 8:30 PM,
Event
What is Leadership


7 PM – 9 PM,
Event
Kickoff Carnival – Lawyers Connect: First Thursdays Series



FRIDAY, OCTOBER 5
9 AM – 4:30 PM,
CLE
MBA Concepts for Lawyers in the Age of Financial Reform

Around the Bar
Strengthening Inter-American Human Rights


On September 27th, the Vance Center hosted H.E. Jose Miguel Insulza, Secretary-General of the Organization of American States, who spoke on “Strengthening the Inter-American System of Human Rights: Dialogue and Engagement.” From left, City Bar President Carey R. Dunne; Secretary-General H.E. Jose Miguel Insulza; Vance Center Executive Director Alex Papachristou.

Recent Committee Activity
Standing to Challenge the FISA Amendments Act of 2008
The Committee on Civil Rights submitted an amicus brief to the U.S. Supreme Court in Clapper v. Amnesty International USA. The case concerns whether economic and professional costs related to the reasonable fear of being monitored under the Foreign Intelligence Surveillance Act Amendments Act of 2008 (FAA) constitute an injury sufficient to give the plaintiffs the right to challenge the FAA. The brief argues that lawyers owe an inviolate duty of confidentiality to clients, and where there is a reasonable risk that a sensitive communication will be overheard by a third-party, the lawyer must refrain from making that communication. Under the broad terms of the FAA, there is a reasonable likelihood that the government may overhear the communications between certain lawyers and their clients or other confidential information relating to the representation. In response, these lawyers must take certain safeguard measures that have resulted in a variety of costs – professional, economic, and ethical – and these costs are a cognizable injury sufficient to confer standing upon the lawyers to challenge the constitutionality of the FAA.


Extraterritorial Transactions
The Committee on White Collar Crime submitted an amicus brief to the U.S. Court of Appeals, Second Circuit in United States v. Mandell. The issue in the case concerns the correct determination of the territorial scope of Section 10(b) of the Securities Exchange Act of 1934 and other federal statutes in criminal cases. The brief argues that presumption against extraterritoriality fully applies to criminal laws and the that the U.S. Supreme Court has consistently recognized that the presumption against extraterritoriality applies to criminal statutes and nothing in recent case law has established any exceptions to this presumption. In addition, the brief notes that nothing in the court’s earlier holding in Morrison suggests that the ruling was limited to civil cases, and indeed Morrison applies to criminal Section 10(b) cases as well as civil.

Use of NYC Public Schools for Worship Services
The Committee on Education and the Law filed an amicus brief before the Second Circuit in Bronx Household of Faith v. [NYC] Board of Education, on an appeal from an injunction preventing the City from enforcing its regulation barring religious worship services in New York City public schools during non-school hours. The brief, the latest in a series of briefs filed by the Association in this long-running case, argues that the injunction creates a violation of the First Amendment’s Establishment Clause by effectively forcing the City to give preferential treatment to Christian churches, as Sunday, their day of worship, is the only day most schools are available. The Brief also maintains that even if the Second Circuit does not find that there is a violation of the Establishment Clause, the regulation should be upheld as a good faith effort by the City to maintain religious neutrality.

9th Annual Small Law Firm Practice Management Symposium
November 8, 2012, 8:30 am – 5:00 pm

The Symposium is a prime event for those who need startup advice and this year we have added a special focus for existing solos and small firm practitioners. Separate workshops are devoted to important topics such as: Expanding Your Client Base, Growing Your Firm While Minimizing Overhead, Cost-Effective Marketing, Technology Tools for Your Practice, and much more. The fee to attend the full-day is only $29 for members ($59 for non-members) if you register by October 8. Register today and take advantage of this special offer.

City Bar in the News
Thomson Reuters, September 28, 2012

NYC bar association: U.S. Supreme Court justices should explain recusals
“Justices on the U.S. Supreme Court should offer a written explanation when they either recuse themselves from a case or deny a request for disqualification, the New York City Bar Association concluded in a report released Friday. All too often, justices fail to disclose their reasoning when stepping down from a case or refusing to do so when asked, inviting speculation about hidden bias, according to the 39-page report, written by the bar’s ethics committee.”


Forbes, September 25, 2012

Sky Capital’s Ross Mandell Files Appeal and Gets an Ally
“On September 18 Mandell submitted his formal appeal to have his conviction thrown out based on the Morrison decision as well as other procedural errors he believed occurred during his trial. Today, Mandell also got a new ally, The Association of the Bar of the City of New York. The New York Bar, sans members of the government, submitted an Amicus brief in support of dismissing the charges and reversing the decision against Mandell and Harrington…It is a convincing brief that is in full support of overturning the convictions of Mandell and Harrington, and seeking a decision that will provide direction in future cases involving foreign security litigation.”


Brooklyn Daily Eagle, September 21, 2012

New York Becomes First State to Institute Pro Bono Mandate
“New York state will require lawyers to perform 50 hours of pro bono work as a condition for getting a license under a rule that will take full effect in 2015, judicial officials said Wednesday…New York City Bar Association President Carey R. Dunne applauded the pro bono requirement, stating that ‘The requirement should foster broader pro bono interest and activity at the law school level and generate a wide range of additional legal assistance to those most in need.’”

To forward this newsletter, click here.

To view this newsletter on the Web, click here.

To change your contact information: email membershipservices@nycbar.org

Click here to unsubscribe from 44th Street Notes e-mails

New York City Bar
42 West 44th Street, New York, NY 10036
(212) 382-6600
www.nycbar.org