September 2011 Archives

ELECTRONICALLY-IN-TOUCH

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 September 2011

 

Dear Young Lawyers Section Members:

 

Welcome to the latest issue of Electronically-In-Touch, the e-publication of the NYSBA Young Lawyers Section. We hope you will take the time to add the contents of this newsletter to your fall reading, as the latest issue presents a message from the Young Lawyers Section Chair, James R. Barnes, Esq. regarding the Section's Fall Meeting and upcoming activities. Two interesting articles are also presented. The first is an article by Ariel Glasner, Esq. on international white collar crime, and discusses a recent development in the field. The second, by Joseph H. Nivin, Esq. concerns issues in family law in New York State, and discusses the recent jurisprudence of New York appellate courts in the area of domestic violence and child neglect. We have also included information about NYSBA events, including the upcoming YLS Fall Meeting. Please keep your articles and news coming to Electronically-In-Touch.

 

Nilesh Yashwant Ameen, Esq.

Editor, Electronically-In-Touch

 

 

SECTION CHAIR'S MESSAGE


Fall Kick-Off 2011

 

With summer officially behind us, the fall has arrived with school back in session, football weekends and the promise of autumnal foliage on the way.  The Young Lawyers Section has been actively planning many programs and initiatives that will be taking place or kicking-off in the weeks and months to come.

 

The Section will be gathering for its statewide Fall Meeting in Albany on Thursday and Friday, October 20th and 21st.  Michael Fox, our Section's Chair-Elect, is serving as Program Chair for the Fall Meeting and has planned what promises to be a fantastic program.  There is truly something for everyone and we encourage you to start making your plans to join us in Albany for an enjoyable couple of days.  The primary venue for the program will be the New York State Bar Center in Albany, and will begin on Thursday afternoon with our Executive Committee meeting.  Think of our Executive Committee as the Section's leadership council which is comprised of officers, committee chairs, district representatives and section liaisons.  In the meeting, Section business is discussed, Executive Committee members provide reports on past and future programs, and Section-wide initiatives are planned.  Our Section is fortunate to have a large and active Executive Committee.  We always encourage new and potential members to attend our meeting, since it is a great opportunity to meet new people and learn how to get involved.  If you are planning on coming to Albany for the program, I welcome you to attend our Executive Committee meeting, as I am confident that you will likely find something that is of interest to you going forward.

 

Immediately following our Executive Committee meeting, we will take a short walk to the New York Court of Appeals for a special tour.  We have been invited by the Honorable Victoria A. Graffeo, Associate Judge of the Court of Appeals, to visit the highest court in our State.  The Court of Appeals Hall is a magnificent 19th century building which has been home to the Court of Appeals since 1917.  After our tour of the Court, we will be going to dinner at Jack's Oyster House, a renowned Albany restaurant.  Jack's will be the perfect setting to share an evening of camaraderie with old and new friends, as we will be joined by leaders of the Bar Association and program faculty.

 

Friday will feature a full day of cutting-edge continuing legal education programming (8 credit hours) at the Bar Center, appropriate for all attorneys regardless of your practice focus.  Mike has assembled an impressive faculty of seasoned practitioners and judges, who will be presenting on topics including: pleadings in state and federal court, bankruptcy, depositions and discovery, ethics, jury selection and arbitration/mediation.    An informal reception will immediately follow the CLE program.  We look forward to seeing you in Albany and encourage you to register at your earliest convenience (please see the link below, which will lead you to the program brochure and registration form).

http://www.nysba.org/AM/Template.cfm?Section=Events1&Template=/Conference/ConferenceDescByRegClass.cfm&ConferenceID=4805

 

During the summer, I mentioned that the theme of this year for our Section is "The Future is Now."  While young attorneys are primarily focused on all that is involved with beginning a career in the law, we need to realize that there are opportunities at the present time which will have an immediate impact today, both in our personal lives and in the community as a whole.   Our Section is focused on building bridges and forming lasting relationships.  Our work is aimed at providing our members with a firm foundation, which is manifested in our networking and professional development initiatives, continuing legal education programs and community service projects.

 

I encourage you to introduce yourself to our Section leaders, who will work with you to get involved in a meaningful way.  Our Section officers include Michael Fox (Chair-Elect), Dana Syracuse (Treasurer) and Lisa Schoenfeld (Secretary).  We have many working committees chaired by: Simone Archer and Alma Lafferty (Diversity Committee), Anne Dello-Iacono (Membership Committee), Anne Nicholson (Mentoring Committee) and Molly Timko (Public Service and Pro Bono Committee).  Nilesh Ameen serves as Editor of our Electronically-In-Touch publication, and Anting Wang serves as Editor of Perspective (our Section's journal).  Sarah Gold continues her work as our district representative coordinator, and we have representatives for each district of our State.  We also have liaisons to each of the substantive sections of the Bar Association.  Finally, I would be remiss without mentioning the support that we receive on a daily basis from the Bar Association staff.  Tiffany Bardwell serves as our Staff Liaison, and she is joined by many other members of the Bar staff that help make our programs and initiatives a reality.  Successful programs are the result of a collaboration of many dedicated individuals, and we are fortunate to have great team.

 

Anne Nicholson has been hard at work with her Mentoring Committee on starting a new mentoring program, which will kick-off at Cardozo Law School on Monday, October 3rd.  This program is designed to pair young attorney mentors with law student mentees.  We are really excited about this program, and look to expand it in the future to other parts of the State.  While young attorneys often look to veteran attorneys for mentoring (and there are many opportunities in the Bar Association, both in our Section and beyond, that provide young attorneys with mentors), we need to be mindful that we, as young attorneys, are in a position to provide law students with help and guidance.

 

Currently, many programs are being planned in our districts and with other sections for the fall, so please stay tuned for details.   We have many opportunities for you to get active and be involved with our Section.  I look forward to hearing from you and working with you this year.  See you in Albany!


James R. Barnes, Esq., Young Lawyers Section Chair

 

 

WHITE COLLAR CRIME


A Shifting Landscape: Extradition of Foreign Nationals to the United States for Antitrust Crimes


By Ariel Glasner, Esq.


Until this past year, the Antitrust Division of the United States Department of Justice (DOJ) had never succeeded in extraditing a foreign national to the United States to face charges arising from a criminal antitrust investigation In March 2010, however, a British citizen by the name of Ian Norris was extradited to stand trial for price-fixing and obstruction of justice in connection with a conspiracy involving carbon products.  The extradition of Norris signals a new willingness by the DOJ to reach the conduct of foreign nationals and foreign corporations alleged to have committed antitrust crimes.

 

Please follow the link to continue reading this article:

http://www.nysba.org/AM/Template.cfm?Section=Home&Template=/CM/HTMLDisplay.cfm&ContentID=54494



FAMILY LAW

 

When Domestic Violence Constitutes Child Neglect- Judicial Analysis of Impairment within the Meaning of Family Court Act ยง1012(f)(i)


  By Joseph H. Nivin, Esq.


In the child protective part of New York Family Court, jurists face dueling responsibilities when called upon to determine whether domestic violence constitutes child neglect. First, the Family Court must execute the purposes of N.Y. Family Court Act (FCA) Article Ten, which are "to help protect children from injury or mistreatment and to help safeguard their physical, mental, and emotional well-being." However, when determining whether to interfere with parental behavior, courts must be cognizant of the risk of "unwarranted state intervention into private family life."


Please follow the link to continue reading this article:

http://www.nysba.org/AM/Template.cfm?Section=Home&ContentID=54790&Template=/CM/HTMLDisplay.cfm



YLS FALL MEETING


     Young Lawyers Section Fall Meeting

       Thursday, October 20 - Friday, October 21, 2011

     State Bar Center, Albany


    Register Now!

 


Join the Young Lawyers Section at their Fall Program. The meeting will kick off on Thursday with an Executive Committee meeting open to all, followed by a behind-the-scenes tour of the New York Court of Appeals by Honorable Victoria A. Graffeo, Associate Judge. All attendees and guests are then welcome to join Section leadership and faculty for a dinner at the legendary Jack's Oyster House.

 

Friday's CLE program topics include:

  • Initial Pleadings - State and Federal Litigation
  • General Initiation of Bankruptcy Practice and Differences
  • Depositions and Discovery
  • Ethics in Everyday Practice and Ethics in Litigation
  • Jury Selection
  • Arbitration and Mediation

 

The program provides up to 8 MCLE credits, 6.0 credits in skills and 2.0 credits in Ethics. This program is transitional and suitable for credit for newly admitted attorneys.

 

 

Please visit www.nysba.org/ylsFall11 to view the program of events and register.

 

 

IP LAW SECTION ANNOUNCEMENT


"THE STATE OF INTELLECTUAL PROPERTY - WHAT WOULD OUR FOUNDING FATHERS THINK TODAY?"
  

  Intellectual Property Law Section Fall Meeting (NYSBA):

 Thursday, October 20 to Sunday, October 23, 2011
The Rittenhouse Hotel

210 West Rittenhouse Square
Philadelphia, PA
www.nysba.org/IPFallMtg2011



Electronically-In-Touch is the monthly electronic news-publication of the NYSBA Young Lawyers Section (YLS). It is a member driven publication, encouraging YLS members to write articles, and as such we would welcome submissions from members on any relevant topic, including practice tips, substantive legal articles, case updates, work/life advice, and information regarding upcoming meetings and events. Please submit articles to Nilesh Yashwant Ameen, Esq., at nilameen@aol.com, no later than the 10th of the month.







 

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