IN THIS ISSUE: MONDAY, DECEMBER 17, 2012
From the President: Carey R. Dunne
This Week at the City Bar
Around the Bar
Professional Development Workshop Series Returns in January
Recent Committee Activity
Welcome Home! – Justice Center Year-End Appeal
Committee Seeking Members
Securities and Finance Law Volunteer Attorneys Needed
City Bar in the News
   

From the President: Carey R. Dunne

Friday’s horrible tragedy in Newtown, Connecticut, is just the latest in a series of mass shootings in a country that makes it too easy to buy guns, carry guns and use guns. Federal law and most state laws allow the purchase and amassing of semiautomatic weapons with the most meager of limitations, and some state laws encourage the carrying of firearms in heavily populated environments and encourage their use whenever an individual feels threatened. Surely the idea that we should have a proliferation of firearms to protect ourselves is rendered an absurdity when elementary school children are mowed down. That carnage was inevitable, as are many more to come if measures are not taken to curb the ease with which unstable individuals can purchase and collect all the arms and ammunition they desire.


Read more.

This Week at the City Bar
MONDAY, DECEMBER 17
6:30 PM – 8 PM,
Event
Using Your Law Degree for Something Other than Practicing Law: Exploring Non-Legal Roles within Law Firms



TUESDAY, DECEMBER 18
9 AM – 12 PM,
CLE
Copyright & Trademark Licensing: From the Basic to the Not So Basic (Video Replay)




WEDNESDAY, DECEMBER 19
9 AM – 10:30 AM,
CLE
iPad for Transactional Lawyers (Video Replay)


6 PM – 8 PM,
Event
A Christmas Carol Revisited – A Modern Adaptation



THURSDAY, DECEMBER 20
9 AM – 12 PM,
CLE
Private Equity Structuring (Video Replay)

Around the Bar
City Bar Presents Dewey Medals


The eighth annual Thomas E. Dewey Medal Presentation honored outstanding Assistant District Attorneys from each bureau and the Office of the Special Narcotics Prosecutor. From left: Seth Farber, Chair, Dewey Medal Committee; Thomas E. L. Dewey, Dewey Pegno & Kramarsky LLP; Edward Talty, Bronx County; Lance P. Ogiste, Kings County; Judy Salwen, New York County; Donna Aldea, Queens County; Jodie E. Kane, Special Narcotics; Wanda L. DeOliveira; Richmond County; Linda Fairstein, Author and former New York County Sex Crimes Prosecution Unit Bureau Chief, keynote speaker; Carey R. Dunne, President, New York City Bar Association.

Professional Development Workshop Series Returns in January
We are pleased to announce the 2013 Professional Development Workshop Series. The City Bar’s annual series, led by nationally recognized career consultants, provides attorneys with critical training to help them succeed as they transition into more senior roles. As always, this series is free to City Bar members and attorneys from sponsoring law firms, and most of the workshops provide CLE credit. So whether you are a junior or midlevel associate, or a more senior attorney that just wants to brush up on his or her skills, the Professional Development Series is just one of the many useful resources we offer our members. You can view the brochure on our website and online registration for the workshops is now open.


Special thanks to our sponsors:
Cadwalader, Wickersham & Taft LLP; Chadbourne & Parke LLP; Cleary Gottlieb Steen & Hamilton LLP; Davis Polk & Wardwell LLP; DLA Piper LLP (US); Dorsey & Whitney LLP; Goodwin Procter LLP; Kelley Drye & Warren LLP; King & Spalding; New York City Law Department; Shearman & Sterling LLP; Skadden, Arps, Slate, Meagher & Flom LLP; Stroock & Stroock & Lavan LLP; Winston & Strawn LLP

Recent Committee Activity
Managed Long-Term Care
In both testimony before the New York State Assembly Committee on Health and a letter to the legislature, the Committee on Legal Problems of the Aging expressed concern with the Medicaid transition to care management for long-term care. The Committee highlighted the issues it believes will most greatly affect the aging and disabled community in relation to the implementation of Managed Long Term Care (MLTC) starting in 2013 for all dually eligible Medicaid recipients (individuals eligible for both Medicaid and Medicare benefits). In particular the Committee expressed concern with the limitations being placed on the provision of aid continuing, i.e., the continuation of benefits provided during the appeals of reductions or discontinuances of Medicaid services, and urged the legislature to be proactive in this matter and work with the Department of Health to close this gap so as to avoid unintended and possibly dangerous consequences.

Non-Waiver of Privilege
In a letter to Congress, the Banking Law Committee expressed support for the enactment of S.3394, which would amend federal banking law to clarify that the submission of privileged information to the Consumer Financial Protection Bureau (CFPB) in the course of its supervisory or regulatory activities, or the sharing of information between the CFPB and other specified agencies, would not result in a waiver of the privilege as to any third party. These amendments, the letter notes, would serve to conform existing law to make it clear that the CFPB is included in privilege provisions already applicable to federal banking agencies and would ensure that there is a single, consistent standard for the treatment of privileged information submitted to all federal agencies that supervise banks and other financial institutions.

Welcome Home! – Justice Center Year-End Appeal
The greatest reward for providing pro bono legal services is the satisfaction that comes from directly helping someone change his or her life for the better. One of our Veterans Assistance Project clients recently wrote to tell us that the efforts of his volunteer lawyers in helping him get the benefits to which he was entitled were “beyond any mission I have ever experienced,” and that, “If I had to look for an attorney on my own and paid lots of money I couldn’t receive the service and attention I got from Mr. H....There is not enough time and paper for me to describe the gratitude I have toward him for the effort he put into this case.” He added, “I think that anyone who helps our veterans is truly a way of welcoming us home and saying thank you.”

Your tax-deductible contribution to the City Bar Justice Center will allow us to continue training and supervising volunteer attorneys to make a difference for more veterans as well as for clients of our other projects. To donate, please click here.

Committee Seeking Members
The Foreign and Comparative Law Committee is accepting applications for membership. Its membership consists of New York and foreign lawyers from the public, private and academic spheres who are interested in how different legal systems and jurisdictions approach common legal issues. The Committee is divided into several working groups, each of which focuses on a particular issue and works toward preparing either a written piece or event related to this topic. Current working groups include the Global Regulation of Financial Markets; Sovereign Debt; Foreign Sovereign Immunity; and Comparative Civil and Common Law. The Committee also frequently hosts speakers on topics of interest, including a sitting judge of the International Court of Justice, a senior member of the Austrian Foreign Service, and a dean of the German bankruptcy bar. To apply, please contact the Committee’s chair, David Lindley, david.lindley@pillsburylaw.com or secretary, Anne Lefever, at anne.lefever@pillsburylaw.com.

Securities and Finance Law Volunteer Attorneys Needed
The Office for Diversity Pipeline Initiatives is seeking attorneys with securities and finance law experience to participate as Advisor–Volunteers during the new Securities and Finance Law Seminar Series. Advisor–Volunteers will meet after each seminar with diverse law students from local law schools who are interested in learning more about a career in securities or finance law. We ask the volunteers to talk about their practice and their career path leading to their current position at a law firm, in-house, with the government or elsewhere. Attorneys can volunteer on one or more of the following dates: 1/25, 2/1, 3/8, 3/22, 3/29, 4/5. For more information about the series, please visit the Series FAQ or the Program Website. Interested attorneys should email Gabrielle Brown here.

City Bar in the News
Thomson Reuters, December 11, 2012
Opt-outs in Citi Class Action are a Sign of the Times
“Swisscanto didn't say in its lawsuit why it decided to go it alone rather than take the settlement money, and its lawyer, Stuart Grant of Grant & Eisenhofer, didn’t respond to requests for comment. But at a conference Tuesday hosted by the New York City Bar Association, Max Berger of Bernstein Litowitz Berger & Grossmann said investors routinely opt out if they're not happy with how much they'd earn on a settlement.”

Thomson Reuters, December 11, 2012
Investor Class Action System Needs Review – Judge
“U.S. District Judge Lewis Kaplan said there should be an examination of the way plaintiffs’ lawyers are paid, the standards allowing lawsuits to move forward, as well as a decades-old premise underlying this kind of litigation. ‘Its a jerry-rigged system never thought through from beginning to end,’ he said. Kaplan, who presided over securities litigation stemming from the collapse of Lehman Brothers Holdings Inc, was speaking at a conference on securities litigation hosted by the New York City Bar Association.”


Reuters, December 5, 2012

Exclusive: HSBC Might Pay $1.8 Billion Money Laundering Fine – Sources
“The use of deferred prosecution agreements has surged in recent years because Justice Department officials believe they give prosecutors an option aside from indicting a company or dropping a case.…The agreements ‘have become a mainstay of white collar criminal law enforcement,’ U.S. Assistant Attorney General Lanny Breuer said in September during an appearance at the New York City Bar Association. ‘I’ve heard people criticize them and I’ve heard people praise them. DPAs have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe.’”

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