Around the Bar
Legal Clinic for Hurricane Sandy Victims

Alice Morey (center), Managing Attorney for the City Bar Justice Center, counseled Rockaway residents at a legal clinic organized by the Justice Center on Saturday, November 17th. Read more about the clinics here.

Recent Committee Activity
Women in Combat
In a letter to Congress, the Committee on Military Affairs and Justice expressed support for S.3182, which would eliminate the ground combat exclusion policy for female members of the Armed Forces. Women in the military, the letter suggests, should be measured by the same criterion by which military men are measured, that is, by merit, and the career progression for women should not be inhibited by any limitations or restrictions on their service in “combat” positions. Eliminating the ground combat exclusion would: 1) expand career opportunities for women; 2) provide a greater pool of qualified members from whom our combatant commanders may draw; 3) reduce the operational tempo for male counterparts by increasing the total number of personnel available for assignment to units co-located with direct combat forces; and 4) improve consistency concerning assignment policy impacting women and provide field commanders with greater flexibility in meeting combat support mission requirements.

Limitations Period for Fraud Suits
The Committee on White Collar Crime filed an amicus brief in the U.S. Supreme Court in Gabelli v. Securities and Exchange Commission, regarding whether the general time limit for civil penalty actions brought by the government can in effect be extended indefinitely in cases involving allegations of fraud. In Gabelli, the U.S. Court of Appeals for the Second Circuit found that the government’s claim accrued not when the alleged fraudulent conduct ceased but when the violation was actually discovered. The brief argues that the SEC’s effort to impose a “discovery” rule on the applicable limitations period for fraud suits when it seeks civil penalties is both unsupportable and impractical and that the decision of the Second Circuit should be reversed. To treat the five-year statute of limitations as anything but the clear cutoff Congress meant it to be, the brief notes, would undermine the important purposes underlying limitations periods generally.

Fur Products Labeling
In a letter to the Federal Trade Commission (“FTC”), the Committee on Animal Law offered comments on proposed amendments to regulations under the Fur Products Labeling Act. The letter urges the FTC to 1) change the name of Nyctereutes procyonoides from “Asiatic raccoon” to “raccoon dog” in the Fur Products Name Guide; and 2) reject the proposals to allow the use of the terms “finnraccoon,” “tanuki,” or “magnut” in the Fur Products Name Guide to describe Nyctereutes procyonoides. As noted in the letter, the use of the term “Asiatic raccoon” is misleading because Nyctereutes procyonoides is not a raccoon nor is it closely related to a raccoon. It is undisputed that the classification of the Nyctereutes procyonoides is in the canidae family, which includes domestic dogs, foxes, and wolves. Misidentifying the fur of a canid as that of a raccoon violates the purpose of the Fur Products Labeling Act and the Truth in Fur Labeling Act of 2010, as well as the requirement that the name be the “true English name” or “the name by which such animal can be properly identified in the United States” and not a coined name or the name of a fictitious animal.

Small Law Firm Month Ends This Week
Small Law Firm month ends on Friday, so don’t miss this week’s events, your chance to enjoy special offers and savings, and the opportunity to earn a free, up to 3.0 credit, CLE program just by paying your dues by tomorrow, November 27th.*

*Be sure to pay your dues in full by Tuesday to receive the credit for a free, up to 3.0 credit, City Bar Center for CLE program (conditions apply, please visit www.nycbar.org/slfmonth for more information). For those of you who have already checked that off your to-do list, you’ll receive a code by the end of the year (to apply towards a program from February–May, 2013).

City Bar in the News
New York Law Journal, November 19, 2012
Study: Diversity Is Still a Challenge for N.Y. Firms
“Despite law firms’ efforts to promote diversity, results of a new survey of women and minorities at New York firms ‘paint a picture of stagnation,’ according to the New York City Bar’s sixth Diversity Benchmarking Report. The study, which reported data for 2011, is based on the responses of 74 law firms that were signatories to a city bar statement of diversity principles. ‘While new hires across levels are more diverse than attorneys at signatory firms, elevated turnover for women and minorities continues to erode the gains,’ the report said.”

Law360, November 20, 2012
Vacancies Put Pressure on Cuomo to Diversify Top NY Court
“The unexpected death of the only African-American judge on New York’s highest court adds incentive for Gov. Andrew Cuomo to take racial diversity into account as he restocks the seven-member Court of Appeals, sources said Tuesday, especially since the court also is set to lose its lone Hispanic judge.…‘We know Gov. Cuomo is sensitive to the fact that he will be replacing the only two people of color on the Court of Appeals, and there are many highly capable judges and lawyers of color in New York to choose from,’ New York City Bar Association spokesman Eric Friedman said on behalf of the 23,000-lawyer group.”

Bloomberg, November 20, 2012
Fraud Trial for WellCare Ex-CEO Shows Medicaid Program Abuse
“Now federal prosecutors are scheduled to try Farha and four other former executives early next year on criminal charges. The trial in Tampa is part of a new push by the Department of Justice to hold managers responsible for allegedly cheating government medical programs. ‘The strongest deterrent against corporate crime is the prospect of prison time for individual employees,’ said Lanny Breuer, head of the Justice Department’s criminal division, in a September speech before the New York City Bar Association.”

New York Times, November 22, 2012
The Cat’s Meow and the Dog’s Mouthpiece
“As the new chairwoman of the animal-law committee of the New York City Bar Association, Christine Mott heads a group that plays a key role in determining how animals fare in New Yorkers’ homes and beyond. The committee, a volunteer arm of the bar association, deals with everything from the way animals are treated during natural emergencies to which pets are allowed in which New York apartments.”

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