NEWSLETTER. CLE Institute. March 2015 CLE INSTITUTE FOCUSES ON CAREERS IN DIFFERENT PRACTICE AREAS PRETRIAL ALTERNATIVES TO INCARCERATION IN THE EDNY

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1 CLE Institute NEWSLETTER March 2015 ETHICAL ISSUES IN INSURANCE LAW Join NYCLA s Insurance Law Committee and a panel of experts for an updated discussion of the hot button ethical issues that arise in the practice of insurance law on Wednesday, March 18. Our all-star panel of experts includes: Paul Dutka, Weil Gotshal & Manges: Mr. Dutka s insights into matters of legal ethics are frequently sought, and he often advises on the intricacies of the attorney-client privilege and the work-product doctrine as applied in complex business settings. Bruce A. Green, Louis Stein Professor at Fordham Law School: Professor Green directs the Louis Stein Center for Law and Ethics.He teaches and writes primarily in the areas of legal ethics and criminal law, and is involved in various bar association activities. Jonathan Lerner, Skadden: Mr. Lerner has published numerous articles on the liability of corporate directors, corporate takeovers, litigation strategy and legal ethics. He has been a lecturer of law at Columbia Law School and an adjunct professor at Brooklyn Law School, where he taught legal ethics; he also has lectured frequently on such topics as the business judgment rule, defamation in business communications, and federal practice and procedure and legal ethics. Marc Voses, Kaufman Dolowich Voluck: Mr. Voses is a seasoned litigator with extensive experience representing domestic and international insurers and reinsurers in coverage and liability issues. He has handled complex coverage issues related to commercial general liability, data and privacy, environmental, professional and management liability policies. In addition, he has handled disputes involving bad faith and extracontractual claims. CLE INSTITUTE FOCUSES ON CAREERS IN DIFFERENT PRACTICE AREAS This March, NYCLA s Young Lawyers Section is sponsoring two programs in its So You re Interested in a Career in Series. On March 11 we will be presenting So You re Interested in Working In-House, featuring a panel of in-house attorneys who will discuss what you need to know to become an in-house attorney. The panel will also focus on the ethical dilemmas confronted by in-house counsel and ethical responsibilities associated with the position. Topics to be discussed include: A day in the life of an in-house lawyer Advantages and disadvantages of in-house positions Skill sets and attributes that make a successful in-house lawyer Moving up the corporate ladder Ethical considerations, including ethical considerations to consider during a transition from private practice or government to in-house or returning to practice or government from an in-house position. Our distinguished panel features Timothy J. Heine, American Expres; Jordan Kanfer, NTT America/NTT Communications, Trina Moore, NYC Transit Authority, Nate Saint Victor, Morgan Stanley, Elizabeth J. Shampnoi, Stout Risius Ross and Program Chair Luwick Francis, NYS Division of Housing and Community Renewal. The following week, on Monday, March 16 we will offer So You re Interested in a Career in the Courts where a panel of attorneys working in varying positions in the courts will discuss the roles and responsibilities of various legal positions in the courts including law clerk, court attorney and referee. The panel will also look at the ethical dilemmas confronted by attorneys working in the courts, as well as other ethical issues that arise. Panelists include Clara Flebus, Esq, Megan McHugh, Law Clerk, Hon. RIchard B. Lowe III, Charles Small, Chief Clerk, Civil Term Kings County Sup. Ct., Phyllis Sambuco, Referee, NY County Sup. Ct., Civil Branch and program, chair Daniel Wiig, Municipal Credit Union. PRETRIAL ALTERNATIVES TO INCARCERATION IN THE EDNY Join NYCLA s Federal Courts Committee and a distinguished panel on Monday March 30 for a discussion about the Special Options Services and Pretrial Opportunity Programs in the Eastern District of New York, led by judges, pretrial services officers, prosecutors and defense lawyers participating in them. The Special Options Services program is designed for defendants aged 18-25, while the Pretrial Opportunity Program is designed for defendants with serious substance abuse problems. The panelists will discuss how participants in the programs are selected, the requirements of the programs, the benefits of participation, and the results obtained to date. The discussion will also include practical advice for attorneys representing defendants who are participants, or might be eligible to participate, in the programs. The faculty includes: Hon. John Gleeson, U.S. District Judge; Hon. Joan Azrack, U.S. District Judge; Hon. Cheryl Pollak, U.S. Magistrate Judge; Hon. Steven Gold, U.S. Magistrate Judge; Amina Adossa-Ali, U.S. Pretrial Services Officer; Clare Kennedy, U.S. Probation Officer; Yara Suarez, U.S. Probation Officer; Nicole Argentieri, Assistant U.S. Attorney and Chief, General Crimes; Mildred Whalen, Federal Defender; and Lisa Hoyes, Federal Defender

2 CIVIL TRIAL PRACTICE INSTITUTE RETURNS TO NYCLA S CLE INSTITUTE THIS MARCH On Friday and Saturday March 13 and 14 we will be presenting and updated version of the 38 th Annual Civil Trial Practice Institute A Bridge the Gap for Litigators. Program Chair Robert Kelner, Kelner & Kelner and Co-chair Emeritus Hon. Robert Lippman (Ret.), have brought together an extraordinary faculty of judges, experienced litigators, academics and medical experts to take attendees through the entire state civil trial process. VS LeBron James Cleveland Cavaliers vs Brooklyn Nets, CLE and Dinner Friday, March 27, 2015 at Barclays Center 6:00 pm CLE program; 7:30 Game (check website for special entrance instructions) 1.5 NY/NJ CLE Credits Treat yourself like royalty and attend a Special Event designed just for NYCLA CLE Institute Attendees and friends. Start the evening at 6:00pm for a CLE program conducted in the PRIVATE Boardroom at Barclay s Center. Then be escorted to your seats for the 7:30 game where you will watch LeBron James Cleveland Cavaliers take on the Brooklyn Nets. You will also be treated to a food voucher allowing you to visit the concessions with a Brooklyn taste, where you can choose from things like artisan pickles, brisket banh mi sandwiches, Sicilian-style slices, and fancy hot dogs, as well as classic stadium treats like popcorn and pretzels. NYCLA Members & Guests: $225 Non-Members: $275 You will learn ways to develop and improve trial preparation and litigation techniques within the context of personal injury and commercial cases. New this year is a session on Mediation in Commercial and Personal Injury cases. This program will also satisfy the first or second year NY MCLE requirements for first or second year newly admitted attorneys. It will also serve as an excellent refresher for more experienced practitioners. Topics Include: Civil Pre-Trial Practice: Commercial Litigation & Personal Injury Litigation Preparation of Plaintiffs and Defendants Conference and Settlement Personal Injury Litigation (With Demonstration) Mediation in Commercial and PI cases Courtroom Techniques: Dealing with Expert Testimony and Hearsay Ethical Issues for Litigators Dealing With Evidentiary Problems During Trial How to Conduct a Voir Dire, With Demonstration Preparation of Opening Statements Direct and Cross Examination of Lay and Expert Witnesses, With Demonstration Preparation of Summations Our expert faculty includes: Clifford Aaron, London Fischer LLP; Hon. Richard Braun, Sup. Ct., NY County; Robert J. Conway, Marshall Conway & Bradley, P.C.;Hon. Ariel Belen (Ret.), JAMS; Tracee E. Davis, Zeichner Ellman & Trause LLP; Ronnie Gallina, JAMS; Allan Hausknecht MD; David Jaroslawicz, Jaroslawicz & Jaros; Robert Kelner, Kelner & Kelner; Jonathan Pressment, Hanes and Boone LLP; Jay Safer, Locke Lord LLP; Hon. Saliann Scarpulla, Sup. Ct., NY County, Commercial Division; Elliott Scheinberg, Esq; Harold Lee Schwab, Lester Schwab Katz & Dwyer, LLP; Lawrence Shields, MD; Hon. George Silver, Sup. Ct., NY County; Richard L. Spinogatti, Proskauer Rose LLP; Hon. Michael Stallman, Sup. Ct., NY County;; NYCLA President Lewis Tesser,Tesser, Ryan & Rochman LLP LAST CHANGE TO REGISTER! 10-MONTH RAINMAKING AND COACHING PROGRAM DESIGNED FOR NYCLA BEING A GOOD LAWYER IS NOT ENOUGH Jaimie Field, The Rain Maker, is offering a 10 month rainmaking coaching and training session beginning THIS MARCH at a discounted rate to NYCLA members Being a Good Lawyer is Not Enough. Be sure to see the details in the ad in the back of this newsletter and watch the YouTube Video on the importance of coaching on click on Calendar, then click on March 2 Event. To Register for this series contact bchase@nycla.org

3 HOT TOPICS IN CORPORATE AND NON-CORPORATE IMMIGRATION LAW Join NYCLA s Multi-Lingual and Labor and Employment Law Committees on Wednesday, March 11 to learn about the movement to modernize corporate and non-corporate U.S. immigration laws and policies, the intersection of immigration and employment law, as well as insights on multilingual attorney advertising, including maintaining a multilingual law firm website and deterring notario fraud. Speakers include Jasmin Singh, Arrufat Gracia, PLLC; Lina Franco, Fuster Law, P.C.; Stephanie DiPietro, Law Office of Stephanie DiPietro, P,C. MEDIATING ESTATES AND TRUSTS AND ELDER LAW DISPUTES As the use of mediation has become mainstream in emotionally charged practice areas such as employment and family law, the use of mediation in trusts and estates disputes is similarly on the rise. Disputes between trustees, executors and beneficiaries are often complex and contentious. This is also the case relating to contested guardianship proceedings pursuant to Article 81 of the Mental Health Law. The use of a mediator with particular expertise in trusts and estates issues can be an effective means to resolve a dispute to the satisfaction of opposing parties. Join NYCLA s ADR, and Elder Law Committees and Estates and Trusts Section on Tuesday, March 31 for an important program to learn how and why mediation is becoming more commonplace in trusts and estates disputes as well as contested guardianship matters and how attorneys should act as a more effective advocate in a mediation. Learn how to prepare a case for mediation, strategies for maximizing the mediation, effective negotiation, using the mediator to your best advantage and getting beyond impasse. Our panel of experts includes Leona Beane, Esq., Stephen J. Grable, Hahn & Hessen, Pauline Yeung-Ha, Grimaldi & Yeung and Moderator Hon. Ariel E. Belen, JAMS. LEARN WHEN TO RETAIN A FINANCIAL EXPERT AND HOW TO USE THEM EFFECTIVELY Join Sam Rosenfarb, Roman Matatov, and Jorge Amador, from Rosenfarb, on Wednesday, March 25 to learn the right time to hire a financial expert to assist you in a trial, transactional matter or when contemplating legal action. Financial experts can provide services ranging from financial consulting, to investigations to valuations to expert witness testimony in such matters as damage calculations, matrimonial litigation, accounting malpractice, estate issues, partnership disputes, business valuations and insolvencies to name a few. Law and Literature Award Ceremony and Program Award Presented to Gilbert King Author of the 2013 Pulitzer Prize Winning Book Devil in the Grove: Thurgood Marshall, the Groveland Boys and the Dawn of a New America Join us as NYCLA s Law and Literature Committee presents its Law and Literature award to Gilbert, author of the 2013 Pulitzer Prize winning book Devil in the Grove: Thurgood Marshall, the Groveland Boys and the Dawn of a New America, a beautifully written account of four black men falsely accused of raping a 17-year-old white woman in Groveland, Fla., in It explores, in painstaking detail, the tactics used by their lawyer, Thurgood Marshall, to chip away at the foundations of Jim Crow laws. After accepting the award, Mr. King will make a presentation about the case and how he researched it by gaining access to unedited FBI files, conducting interviews, while also convincing the NAACP to allow him to view the files of its Legal Defense and Education Fund. The evening concludes with a panel discussion commenting on criminal justice and civil rights issues raised by the book and by Justice Marshall's career among Mr. King, Barbara D. Underwood, NY Solicitor General, former law clerk for Associate Justice Thurgood Marshall, Bruce Green, Louis Stein Professor at Fordham Law School, former law Clerk for Associate Justice Thurgood Marshall and Gloria Browne-Marshall, John Jay College of Criminal Justice and former litigator at NAACP Legal Defense and Educational Fund, Inc. Panel Discussion: Thurgood Marshall s Legacy Tuesday, April 14, :00 PM 8:15 PM 2.5 NY Credits: 2.5 PP 2.5 NJ Credits: 2.5 General Transitional and Non-transitional

4 Being A Good Lawyer Isn t Enough! Why you need to become a rainmaker now & how to do it Rainmakers Are Not Born, They Are Taught sm " is a phrase that Jaimie B. Field, Esq. not only believes, but has proven with almost 15 years of teaching attorneys how to ethically build a book of business. Each and every attorney can learn to bring in new business; and now, more than ever, it is imperative to do so in order to control your career. 10 Month Program Months 1 & 2: The program begins with the development of your Rainmaking Plan. Month 3: Client Relationship Stategies, Productivity Management & Motivation Techniques Month 4: How clients choose attorneys and how to effectively modify your business development strategies to raise your visibility and credibility using tactics which fit into your Rainmaking plans. Month 5: Creating Niche Markets for your practice; Speaking and Writing for Business Development Months 6 & 7: The Role of Social Media in Business Development for Attormeys and How to Use Ethically. Month 8: How to have effective client meetings; create pitches and client service strategies to keep clients happy for life. Month 9: Creating a Referral Strategy & Conscious Cross Marketing Month 10: Continue to upgrade Rainmaking Strategies The coaching agreement is for a 10 month period. The monthly fees {$175 per attorney/month} entitles you to the following: One in person group coaching session in which all attorneys must attend Monthly accountability s and progress reports to keep the attorney motivated Unlimited text, and brief phone contacts as needed Part of coaching includes giving feedback, asking tough questions, fostering discovery and pointing out blind spots. I will ask the group to move past their comfort zones on many occasions. However, I will be extremely respectful of their fears and we will work through them together in the most effective manner for each. 10 month coaching begins March 2nd, bchase@nycla.org to register DON T FORGET TAX DAY Learn about the importance of filing your taxes -- not just to keep you or your clients out of trouble with the IRS -- but also to obtain refunds for over payments, claim tax credits, have proof of income for obtaining loans or buying property, etc. on March 26 at Don t Forget Tax Day: Taxpayer Bill of Rights and the Importance of Paying Taxes Our speakers, Carmela Walrond, Spar Bernstein & Lewis LLP and Rinu Cherian, EA (Enrolled Agent) will also discuss the specific rights that taxpayers have when dealing with the state and federal tax authorities and steps you or your clients can take if you don t have the money to meet your tax obligations. TWO INFORMATIVE FORUMS TO BE HELD AT NYCLA THIS MARCH On Monday, March 9 NYCLA s Asian Practice Committee will sponsor a FREE forum East Meets West-Understanding the Dynamics of the Asian Market: Domestically and Globally sponsored by East West Bank and Baker, Tilly Virchow, Krause, LLP. This Lunar Celebration event will feature a panel of attorneys and business professionals who have worked in Asia or with Asia related business in the US who will share their experiences and give their perspectives on understanding the Asia market and how they are addressing the high level of Asian Investment and Development both in New York and abroad. Panelists include: Margaret T. Ling, Chair, NYCLA: Asian Practice Committee and Senior Underwriting Counsel, Skyline TRG Title Agency; Kevin Kong, Vice President of Legal, Tru Fund Financial Services, Inc.; Janny Cheung, First Vice President, Commercial Real Estate, East West Bank; Savio S. Chan, President and CEO, US China Partners, Inc.; David Tang, China Practice Director, Baker, Tilly, Virchow, Krause, LLP. On Thursday, March 19 NYCLA s Animal Law Committee will sponsor the FREE 2nd Annual Animal Rescue Law Forum. Back by popular demand, this year s forum will include presentations on the following topics: Habeas Chimpus: Is a chimpanzee a person within the meaning of the law such that a habeas corpus petition may be brought to rescue him from abusive captivity. Avian Rescue: Saving injured wild birds. Emotional Support Animals and Disability Rights: Fighting against anti-pet landlords and coop boards. Pet Trusts: How to protect your beloved animal if you become incapacitated. If you love animals, this is one program that should not be missed!!! RSVP to either or both forums to Eberezinsky@nycla.org

5 IRS TAX SEASON ALERT By Eric J. Engelhardt, CPA, Tax Representation Specialist Eric J. Engelhardt, CPA and a frequent CLE Institute lecturer, expects the IRS to encounter many problems this tax season. Between budget cutbacks, the loss of experienced employees and the lack of funds to hire and train new workers, the IRS cannot possibly function properly. At the same time, the IRS is now also responsible for dealing with the new Affordable Care Act and the Foreign Account Tax Compliance Act. For these reasons, we should expect very poor response time from the IRS this tax season. Tax preparers looking to resolve tax matters and for taxpayers calling in with questions, there will be frustrating delays, as well as issues with the IRS timely processing of tax returns and refunds. The Commissioner of the IRS has already gone public with the above issues. Engelhardt has a boutique Tax Firm which caters to Lawyers and Law Firm clients. His office provides Specialty Tax Services regarding IRS, NYS Tax Audits, NYC residency tax matters, various tax problem cases and tax preparation services. He is a volunteer member on the NYS Society of CPA s Relations with IRS Committee. Eric is especially concerned with the IRS lack of funds to combat identity theft and refund fraud. For this reason, he suggests that your 2014 refund, if applicable, be applied as a credit into Eric strongly suggests that you do not reveal your direct deposit information on the bottom of page two of your Federal form Tax advisors, preparers and clients will need to be very careful and patient. Eric J. Engelhardt, CPA is offering a special member discount for all Tax Related Services for NYCLA members and patrons of the CLE Institute. For more details call Eric at ( SAVE THE DATE: April 14: Law and Literature Award Ceremony and Program April 15: Movie Screening and Discussion After Tiller 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. NYCLA s CLE Institute now an Accredited Provider of CPE Courses New York County Lawyers Association s CLE Institute is currently certified as a provider of continuing education courses for accountants in the areas of auditing, accounting, taxation, advisory services, and specialized knowledge. Be sure to consult our website for applicable programs and program details. 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 USB or by direct download from the NYCLA website. NYCLA EXECUTIVE DIRECTOR Sophia Gianacoplos CLE INSTITUTE DIRECTOR Bari Chase PROGRAM ATTORNEY Donna Lennon GRAPHIC DESIGNER & MARKETING Melissa Lucar PROGRAM & SPECIAL PROJECTS COORDINATOR Daler Radjabov REGISTRAR Emilia Berezinsky Follow Us On CLE Institute 14 Vesey Street New York, NY 10007

6 NYCLA CLE Institute March 2015 Registration Form Please check your program(s) of choice: SO YOU RE THINKING OF WORKING IN HOUSE WEDNESDAY, MARCH 11, 2015; 6:30 PM 8:30 PM 2 NY Credits: 1 Ethics; 1 LPM :: 2 NJ Credits: 2 General Young Lawyers Committee: $25 HOT TOPICS IN CORPORATE AND NON-CORPORATE IMMIGRATION LAW WEDNESDAY, MARCH 11, 2015; 6:00 PM 8:00 PM 2 NY Credits: 2 PP :: 2 NJ Credits: 2 General 38TH ANNUAL CIVIL TRIAL PRACTICE INSTITUTE: A BRIDGE THE GAP FOR LITIGATORS FRIDAY & SATURDAY, MARCH 13 & 14, 2015; 9:00 AM 5:00 PM 16 NY Credits: 3 Ethics; 6 Skills; 7 PP/LPM :: 16 NJ Credits: 3 Ethics; 13 General Full Program: NYCLA Member: $255 Non-member: $355 Single Session: NYCLA Member: $175 Non-member: $275 I will attend session SO YOU RE INTERESTED IN A CAREER IN THE COURTS MONDAY, MARCH 16, 2015; 6:30 PM 8:30 PM 2 NY Credits: 1 Ethics; 1 PP/LPM :: 2 NJ Credits: 1 Ethics; 1 General Young Lawyers Committee: $25 ETHICS ISSUES IN INSURANCE LAW WEDNESDAY, MARCH 18, 2015; 6:30 PM 8:30 PM 2 NY Credits: 2 Ethics :: 2 NJ Credits: 2 Ethics NYCLA Member: $40 Non-member: $65 *Part of NYCLA s Insurance Law Committee s Dinner CLE program Series WHEN TO HIRE A FINANCIAL EXPERT AND HOW TO USE THEM EFFECTIVELY WEDNESDAY, MARCH 25, 2015; 6:00 PM 8:00 PM 2 NY Credits: 2 Skills :: 2 NJ Credits: 2 General 2 CPE Credits for accountants: Specialized Knowledge DON T FORGET TAX DAY: TAXPAYER BILL OF RIGHTS AND THE IMPORTANCE OF PAYING TAXES THURSDAY, MARCH 26, 2015; 6:00 PM 7:30 PM 1.5 NY Credits: 1.5 PP/LPM :: 1.5 NJ Credits: 1.5 General NYCLA Member: $25 Non-member: $40 SPECIAL EVENT: LEBRON JAMES CLEVELAND CAVALIERS VS BROOKLYN NETS, CLE AND DINNER FRIDAY, MARCH 27, 2015; 6:00 PM 1.5 NY Credits: 1.5 PP/LPM :: 1.5 NJ Credits: 1.5 General Location: Barclay s Center, Brooklyn New York NYCLA Member: $225* Non-member: $275 * NYCLA members may register and receive the member price for their guests PRETRIAL ALTERNATIVES TO INCARCERATION: SOS AND POP IN THE EDNY MONDAY, MARCH 30, 2015; 6:00 PM 7:40 PM 2 NY MCLE Credits: 0.5 Ethics; 0.5 Skills; 1 PP :: 2 NJ Credits: 2 General NYCLA Member: $35 Non-member: $55 Non-profit/Public Sector/CJA Attorney: $15 MEDIATING ESTATES AND TRUSTS AND ELDER LAW DISPUTES TUESDAY, MARCH 31, 2015; 6:00 PM 9:00 PM 3 NY & NJ Credits: Breakdown TBD NYCLA Member: $95 Non-member: $155 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. Name Firm/Employer Address City State Zip Phone 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. Please return to: NYCLA 14 Vesey Street New York, NY Attn: CLE Institute Fax: Order online at Call ext. 215 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. 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.