Federal Criminal Practice Institute an Unqualified Success

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1 CLE Institute Newsletter November 2011 Federal Criminal Practice Institute an Unqualified Success On Friday and Saturday October 14 and 15, experienced federal criminal practitioners joined with less experienced attorneys hoping to break into the CJA panel for the Federal Criminal Practice Institute, co-sponsored by the Federal Bar Council. Program Chairs Mark B. Rosen, Mark B. Rosen, Esq., P.C., John Jay College of Criminal Justice and Alan Vinegrad, Covington & Burling LLP, assembled an unparalleled roster of speakers including judges from the Second Circuit Court of Appeals, Eastern and Southern Districts of New York, Clerks and Chief Executives of the Courts, members of the U.S. Attorney s Offices, noted criminal defense attorneys and academics in presenting the program. Hon. Fred Block discusses a fine point with Program Co-Chair Alan Vinegrad during a break. Hon. Reena Raggi, 2d Cir. Court of Appeals, discusses A View From the Judicial Conference Program Co-chair Mark Rosen poses with members of the Ethics Panel, Marc Agnifilo, Esq., Brafman and Associates, P.C., Marshall Miller, Esq., Deputy Chief, Criminal Division, Office of the U.S. Attorney, EDNY, and Professor Nelson Tebbe, Brooklyn Law School NYCLA Executive Director Sophia Gianacoplos CLE Institute Director Bari Chase Program Attorney Donna Lennon Registrar Kieanna Bishop CLE Program & Special Projects Coordinator Cherie Samuels Graphic Designer & Marketing Specialist Mary Stewart

2 The New York Supreme Court, Appellate Division, 1st Department Co-sponsors Criminal Trial Advocacy Institute A Bridge the Gap for Attorneys Interested in Criminal Law On Thursday and Friday, November 3 and 4, the CLE Institute will once again present the Criminal Trial Advocacy Institute. Program Chair Hon. Angela M. Mazzarelli, Associate Justice of the Appellate Division of the Supreme Court, First Department, and her staff have assembled an experienced faculty to focus on the key issues criminal Hon.Angela M.Mazzarelli defense attorneys must be familiar with when representing a client accused of a crime. The program is specifically designed for practitioners interested in improving their knowledge of criminal law and expanding their practice, or as a training program for newly admitted attorneys interested in breaking into the criminal law field. Topics to be discussed include: Drug Law Reform Act: Judicial Diversion Program(including local practices) Drug Reform Act: Conditional Sealing Drug Reform Act: Using it Effectively for Better Sentencing Outcomes Bail Challenging Ethical Dilemmas: Candor, Client Competency and Use of Social Networking After Padilla v. Kentucky--What Defense Attorneys Need to Know Constitutionalizing Professional Standards A Theory of Voir Dire The program will satisfy the first or second year MCLE requirements. Attendance at the program will not guarantee appointment to the Assigned Council Plan. Ethics Institute Update NYCLA s Ethics Institute will be hosting a special series of program, Ethics for Lunch, beginning Wednesday, November 9 th. The first program will focus on Understanding the Attorney Advertising Rules and feature Lewis Tesser and Janessa Bernstein, Tesser, Ryan & Rochman, LLP. Join us for a light lunch and the program focusing on the dos and don ts in attorney advertising. Attention will be paid to content of the ads, disclaimers, misleading or deceptive ads, use of testimonials, use of websites, domain names and other forms of social media. On Tuesday evening, November 15 th, NYCLA s Ethics Institute will co-sponsor Ethical Issues in Intellectual Property. Program Chair Adam Engel, A.E. Engel & Associates, LLC, and a panel of intellectual property attorneys and an expert in ethics will discuss how to deal with the ethical issues that arise on a daily basis in intellectual property practice. Using a series of hypotheticals, a lively and interactive discussion will help attorneys sort out the thorny issues that arise in Can t make it to the live program? No problem. A SPECIAL WEBINAR SIMULCAST of the Ethics for Lunch Program will be available on Marinolegal. com. Watch and participate in the program from your from office your office or home. or home. Check Check our website our website for additional for details. additional details.

3 Art Litigation and Dispute Resolution Institute returns to NYCLA This November The Art Litigation and Dispute Resolution Institute will be held on Friday November 18 th. Now in its 4th year, Co-chairs Hon. Stephen Crane (Ret.), JAMS, and Raymond Dowd, Dunnington Bartholow & Miller LLP have assembled an unparalleled faculty of experts from the art world, academia, bench, bar, and art galleries, as they take you through the most relevant issues in today s art world, including: Photography: From Image to the Internet Daubert & Expert Testimony in Art Cases: A Demonstration Moral Rights: Abolish or Enhance? The Controversy Rages So You Think It s Stolen, Now What? Fine Art Crossing International Borders: Problems and Perspectives Tracing Provenance: The Rules of Evidence and the Art of Investigations The Malevich Estate: The Artist, The Litigation, The Legacy Art Law Co-chairs Hon. Stephen Crane and Raymond Dowd Panelists include Amy Adler, NYU School of Law; Hans Van de Bovenkamp (artist); Judith Bresler, Withersworldwide; Sandra Cobden, Christies; Andrea Crane, Gagosian Gallery; Jane Jacob, Jacob Fine Art; Hon. Barbara Jaffe, NYS Sup. Ct., NY County; Hon. Louis Kaplan, US Dist. Ct., SDNY ; Pery Krinsky, Krinsky PLLC; Thomas Marino, Dunnington Bartholow & Miller LL; Hon. Victor Marrero, US Dist. Ct., SDNY; Hon. Michael Mukasey, Debevoise & Plimpton LLP; Hon. Delissa Ridgway, U.S. Ct. of International Trade; Nancy Wolff, Cowan DeBaets Abrahams Sheppard LLP. Be sure to check our website at www. nycla.org for additional information and updated faculty information. Special Program Focusing on Practicing Law in a Difficult Economy Outsourcing is the wave of the future. But it s not just for big firms and the staffing agencies that serve those firms. Freelance attorneys are a growing cadre of solo practitioners who, enabled by technology, work on a project-by-project basis for other lawyers. More and more lawyers from newly-admitted attorneys who are tired of sitting on the sidelines of the legal job market to experienced attorneys who want an intellectually fulfilling legal career and work/life balance are entering this practice area. Join nationally-recognized freelance attorney and legal research and writing pro Lisa Solomon Lisa Solomon, Esq. Legal Research & Writing, on November 19 th for Freelance Freedom: How to Get Started as an Independent Contractor Lawyer. Ms. Solomon will answer such important questions as: What is the most powerful way to market your services as a contract lawyer? How much should you charge, and how can you make sure you get paid? What ethical issues arise in the freelance lawyering relationship, and how are those resolved? Should you obtain your own malpractice insurance? If you want to concentrate on legal research and writing, do you need your own Lexis or Westlaw/ WestlawNext subscription? How can you get the best deal from these companies? What alternatives are available? How can you compete with foreign LPOs? What impact will the ABA Ethics 20/20 Commission s initial draft proposal concerning changes to the Model Rules of Professional Conduct have on freelance attorneys and the lawyers who hire them? Why is a shaky economy good news for freelance lawyers?

4 Other November Programs The CLE Institute welcomes back noted author and lecturer Gloria J. Browne-Marshall on Tuesday, November 1 for a special program on Race and the Constitution: 2011 Update, postponed from an earlier date.. As Martin Luther King noted, when the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. Explore with Professor Browne-Marshall the may provisions of the U.S. Constitution that specifically refer to race or have particular importance to people of color how they came about, how the provisions have been interpreted and prospects for the future. Interest in structured products has gained traction in recent years as wealthy investors use them to diversify their portfolios, and brokerage firms have found a retail market for them with the relatively unsophisticated investors. Join Program Co-sponsor NYCLA s Futures and Derivatives Committee at Recent Developments in Structured Products, Wednesday, November 16. Hear from a panel of experts about the many forms of structured products, the risks and rewards, oversight and other recent developments concerning the retail structured product market. Lawyers have more ways than ever to market their practices. How can they choose the best ways of marketing themselves to small business and technology entrepreneurs? This roundtable workshop, facilitated by Russ Korins, a law firm marketing consultant and NYCLA member, and Natalie Sulimani, co-chair of the NYCLA Cyberspace Law Committee, will show participants the best ways to market to small business and technology founders and executives. Join them on Tuesday, November 29 for Marketing Your Practice: A Workshop for Small Business and Technology Lawyers -- How to Work Effectively with Clients and Deal with the Ethical Considerations Inherent in Social Media. The panel will cover attorney biographies, practice descriptions, how to describe your work in person, and social media: your clients are all using it; how should you? They will also discuss ethics considerations in website and social media marketing. Participants will learn how to market themselves in many ways but always in a dignified and professional manner. If your clients want an attorney who understands their legal needs from a client s perspective, this workshop is for you. By understanding the world from their perspective and the ways they do business, an attorney can strengthen that connection and build a thriving practice. Want to Be a Mentor? Need Someone to Mentor You? In January 2010, NYCLA s Task Force on Professionalism in conjunction with the CLE Institute launched a pilot mentoring program. The program was formally adopted by the NYCLA Board a year later and, since that time, the mentees have had the opportunity to meet one-on-one with experienced attorneys, attend networking events and customized CLE programs and become active NYCLA committees. Each mentee is mentored by an experienced attorney with a goal toward enhancing the experience of the junior attorney in the legal profession. After an extensive matching up process, each of the mentees is assigned a mentor who serves as a coach, sounding board for ideas, strategist for personal development and a resource on how to navigate the legal profession in New York. The Program also seeks to enhance professionalism by introducing the mentees to programs and services available at NYCLA, including committee membership, forums, professional development and other programs, pro bono opportunities and trainings, CLE classes and social events. Through a series of both structured and informal events, the Mentoring Program also supplements the 1:1 relationship with CLE programs and informal monthly get-togethers, providing the mentees with the opportunity to network with their peers, other mentors and the Mentoring Program s Advisory Board, The next Mentoring Program session will begin in January Experienced attorneys seeking to give back to the legal community are encouraged to apply to serve as mentors. Many mentors agree that they have learned from their young colleagues as well. NYCLA members admitted to the New York State bar between two and six years may apply to be accepted in the 2012 Mentoring Program. Applications can be downloaded from the NYCLA website. More information about the Program and both mentor and mentee applications are available on the NYCLA website at

5 NYCLA CLE Institute Partners with MarinoLegal to Provide On-line CLE and Webinars NYCLA s CLE Institute is pleased to announce that it has partnered with MarinoLegal, a company which has been educating thousands of lawyers since 1946, to stream many of its high quality video lectures online as well as host simulcast on-line webinars of select live NYCLA programs. Currently there are approximately 45 NYCLA programs being offered on-line, with plans to double that amount by the end of the year, as well as cost effective multi-course packages. Our next LIVE WEBINAR will be Wednesday, November 9 as part of our Ethics for Lunch series. The program will focus on Understanding the Attorney Advertising Rules. Be sure to check both the and MarinoLegalcle.com websites for more information and to register. Attorneys can access NYCLA s CLE programs on the web from the NYCLA homepage, by clicking on the MarinoLegal icon. You can also access the NYCLA materials directly by going to SAVE the DATES: Pay to Play in the Financial Sector: Know the Rules Monday, December 5 Bridge the Gap, A Program for Newly Admitted Attorneys Consecutive Fridays, December 9 and 16 NJ Bridge the Gap: 15 MCLE Credits in 5 of 9 Specified Practice Areas Wednesday and Thursday, December 7 and 8 Certified Guardian, Court Evaluator and Counsel for AIP Training Tuesday, December 13 For complete program descriptions, faculty, registration information and pricing, consult our website at NYCLA s CLE Institute now an Accredited Provider in New Jersey New York County Lawyers Association s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the State New Jersey. Courses qualifying for CLE credit in New Jersey will be so designated on the NYCLA website. Be sure to consult for program details and program locations. NOTE: Tuition Assistance is available for qualified attorneys. Consult our website at for the application form, details about the program and qualifications for applicants. If applying for Tuition Assistance, please DO NOT register for the program before submitting the Tuition Assistance application. All persons granted tuition assistance will receive the course materials as a pdf file on a CD or by direct download from the NYCLA website.

6 NYCLA CLE Institute November 2011 Registration Form Please check your program(s) of choice: Race and the Constitution: 2011 Update Tuesday, November 1, 2011; 6:00 PM - 8:05 PM 2.5 MCLE Credits: 2 PP;.5 Ethics; Transitional and Non-transitional (also NJ*) NYCLA Member: $35 Non-member: $55 Criminal Trial Practice Institute A Bridge the Gap Training for Attorneys Interested in Criminal Law Thursday & Friday, November 3 and 4, :00 AM 5:00 PM 16 MCLE Credits: 3 Ethics; 6 Skills; 7 PP; Transitional and Nontransitional Full Program NYCLA Member: $255 Non-Member: $355 Public Sector/Non-profit: $50** Single Day NYCLA Member: $175 Non-Member: $275 I would like to attend: Ethics For Lunch: Understanding the Attorney Advertising Rules Wednesday, November 9, 2011; 12:30 PM 1:45 PM 1.5 MCLE Credits: 1.5 Ethics; Transitional and Non-transitional NYCLA Member: $35 Non-member: $55 SPECIAL WEBINAR SIMULCAST: Ethics For Lunch Can t make it to the live program? View the program from the comfort of your home or office Wednesday, November 9, 2011; 12:30 PM 1:45 PM 1.5 MCLE Credits: 1.5 Ethics; Transitional and Non-transitional NYCLA Member: $35 Non-member: $55 Freelance Freedom: How to Get Started as an Independent Contractor Lawyer Thursday, November 10, 2011, 6:25 PM - 8:30 PM A networking cocktail reception will take place from 6:00 PM 6:25 PM immediately before the program 2.5 MCLE Credits: 1 Ethics; 1.5 PP; Transitional and Non-transitional NYCLA Member: $55 Non-Member: $75 Ethical Issues in Intellectual Property Practice Tuesday, November 15, 2011; 6:00 PM 9:00 PM 3 MCLE Credits: 3 Ethics; Transitional and Non-transitional NYCLA Member: $125 Non-member: $175 Recent Developments in Structured Products Wednesday, November 16, :00 PM 9:00 PM 3 MCLE Credits: Credit Breakdown tba; Transitional and Non-transitional (Also NJ*) NYCLA Member: $125 Non-Member: $175 4th Annual Art Litigation and Dispute Resolution Institute Friday, November 18, 2011; 8:45 AM -5:30 PM 8.5 MCLE Credits: Exact credit breakdown tbd; Transitional and Nontransitional (Also NJ*) NYCLA Member: $200 Non-member: $250 Non-attorney: $50 Marketing Your Practice: A Workshop for Small Business and Technology Lawyers Tuesday, November 29, 2011; 6:00 PM -8:05 PM 2.5 MCLE Credits: 1.5 Skills; 1 Ethics; Transitional and Non-transitional (Also NJ*) NYCLA Member: $55 Non-member: $75 Program Material Preference: Course materials are offered in three different formats, please indicate your preference below. o Direct download from When ready, PDF file of course materials will be available for download from website. o PDF file on CD. Presented at the start of the program. o Hard copy of program text. Presented at the start of the program. NOTE: If you select download or PDF on CD you are not guaranteed to receive hard copy of materials at start of program. All Live classes are Transitional and Non-transitional unless indicated and are held at NYCLA, 14 Vesey Street, New York, NY * Program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for CLE credit. See for the specific credit breakdown. **A business card will be required at registration to confirm status Name Firm/Employer Address City State Zip Phone ACCREDITED PROVIDER STATUS: New York County Lawyers Association is currently certified as an Accredited Provider of continuing legal education in the State of New York and the State of New Jersey. PROGRAM CREDIT FOR OTHER MCLE STATES: Many states with MCLE requirements will grant continuing legal education credits for our programs. Please contact the appropriate State CLE Administration Office for information. Check enclosed in the amount of $ (payable to NYCLA) Charge my: VISA MasterCard AMEX Discover Amount $ Exp. Date Card No. Signature Join NYCLA prior to registering and receive member discount. REFUNDS/TRANSFERS: Please check our website for complete refund and transfer policy. ENTRANCE AND FACILITIES FOR THE DISABLED are available. Please call at least one day in advance to make arrangements: (212) TUITION ASSISTANCE: Tuition assistance is available by application for qualified attorneys. Consult our website for application and submission procedure. Please return to: NYCLA 14 Vesey Street New York, NY Attn: CLE Institute Fax: Order online at Call ext. 215

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