Page 2 - NYSBA Annual Meeting

S2 | MONDAY, JANUARY 27, 2014
| NYLJ.COM

Summit Will Emphasize Academia and Future of the Profession
ic climate and new client demands. This panel will discuss these fac-
tors, how they are impacting the
practice of law, and how lawyers and law irms are responding to
them. The panels will include rep- These developments have also led Law Examiners and the courts. tion, moderated by ABA President
resentatives from the judiciary, the practicing bar and legal educators.
to changes in the legal job market. Too many law students graduate The September issue of the NYSBA Journal focused on legal educa- Jim Silkenat, we will discuss the dramatic changes that are tak-
The Presidential Summit will take place on Wednesday, Janu- with crushing debt and few job prospects. At the same time, there tion and admission to the bar. It includes several excellent articles ing place in legal education and the legal job market and possible
ary 29 from 2:00 to 5:00 p.m. David M. Schraver
is a substantial unmet need for legal by leading voices in the profession strategies to address these chang-
The Summit is the only plenary continuing legal education ses- President
services among the indigent and the working poor. Student loan debt and in academia, on topics includ- ing the cost of legal education, es. The panel will discuss topics including the cost of law school,
sion of the Annual Meeting, and New York State Bar Association
can make it dificult for new lawyers strategies for promoting practice- the extent to which the curriculum
it is offered free of charge to all Annual Meeting registrants. I hope to take legal services or other pub- lic sector jobs, and some may opt readiness in law school graduates, and alternative models for legal prepares students for practice, the need for greater diversity in the
to see many colleagues at the Summit, as we continue to seek In our work this year at the New York State Bar Association, we new lawyers face. Technologi- cal advancements and economic out altogether from a legal career.
Recognizing that there are no education and the bar exam.
At our Presidential Summit this profession, and the job market facing law school graduates. Our
new strategies to approach the have placed a special emphasis uncertainty have given rise to new easy solutions, I asked the Associa- week, we will host two panels with second panel will address the chal-
future of legal education and our profession.
on legal education and the future of our profession. Recent changes expectations on the part of clients, who demand increased accessibil- tion’s Committee on Legal Educa- tion and Admission to the Bar to impressive participants from vari- ous professional backgrounds to lenges and changes facing today’s lawyers, including developments
David M. Schraver is a partner at Nixon in our economy and our society have had an enormous impact on ity, quick turnaround and practice- ready law school graduates who examine these important issues in cooperation with legal educators, discuss the state of legal education and the future of the profession. in the provision of law-related ser- vices, new technology, increased
Peabody.
the challenges and expectations
require little on-the-job training.
practicing lawyers, the Board of
In our irst panel on legal educa-
globalization, a changing econom-

icking initiative, including a system Tackling the Complex Problem of Human Traficking
of special court parts dedicated to intervening in the lives of victims
of prostitution and handling other
human traficking-related offenses. These courts are designed to con- report recommends monetary The report also recommends tional problem, but its widespread
nect victims with services to help awards, whistleblower immunity, that the state establish a civil and pervasive dimensions in the
them reintegrate into society, rather than summarily treating them as and an enterprise disclosure law in labor traficking cases.
private right of action that would allow victims to bring cases United States are only now coming into focus. While it is estimated that
criminals themselves. The parts are operating in 11 counties, and will Glenn Lau-Kee
It also calls for eliminating a coercion requirement in sex traf- against their traffickers in civil court, as exists in 29 other states most victims of forced labor are undocumented and documented
handle most prostitution and human President-Elect
icking cases where an adult inten- and the District of Columbia. This aliens, a majority of human trafick-
trafficking arrests in the state.
Human Traficking is a complex New York State Bar Association
tionally advances or proits from the prostitution of a minor; increas- could undercut the proit motive of human trafickers and provide ing victims in this country are U.S. citizens. And while much of human
problem that must be tackled ing the age of criminal responsibil- compensation to victims. For traficking is hidden or dificult to
with a wide range of laws, initia- tives and programs. The state The Super Bowl, coming to the cial underside—one that exacts a ity to 18 to eliminate prosecution of young victims of sex traficking; more information about the Spe- cial Committee’s work, please visit recognize for what it is, many vic- tims come into contact with courts
judiciary and the New York State Bar Association have made impor- New York area, is a sporting event that prompts the passions, high human cost. The state attorney general of Texas has said that the and changing other areas of state law. The report advocates for the www.nysba.org/humantraficking.
The state judiciary also has and government agencies, and there are opportunities to intervene.
tant contributions to the efforts to hopes and revelries of fans across Super Bowl is “the single largest reclassiication of sex traficking as demonstrated a commitment to In November, the New York
combat the scourge of modern day slavery.
the country. It is a huge commer- cial event as well, as evidenced human traficking incident in the U.S.”
The exploitation of adults and a Class B violent felony; expansion of eavesdropping and video sur- eliminating human trafficking in New York, and better providing for State Bar Association adopted the report of its Special Commit-
by the enormous sums spent on children for commercial sex and veillance authority; and creation of its victims. Last year, Chief Judge tee on Human Traficking, which
Glenn Lau-Kee is a partner at Kee & Lau- Kee, PLLC.
the Super Bowl televisions ads.
But there is also a dark commer-
forced labor—“modern day slav- ery”—is recognized as an interna-
an afirmative defense for trafick- ing victims, among other reforms.
Jonathan Lippman announced the nation’s irst statewide human traf-
examines labor traficking, child traficking and sex traficking. The

cases and the ability of courts Supporting Revision Commission Racial and Gender
prudently to exercise discre-
tion in more complex cases. In September, we submitted to the And Promoting Section Diversity
Equality on the Bench
Legislature our comments and a proposed revision of the Paulin
bill that comports with the Com-
mission’s recommendations.
On other fronts, the section’s mission’s recommendations in
CLE Committee had a banner two years during which it devel- several material respects: it more than doubles—from $136,000 to
oped and delivered an innovative $300,000—the income to which the
three-part Trial Institute Program (addressing inancial issues), leav- Rachel Kretser
Pamela M. Sloan
statute’s formula must be applied, and it provides that a spouse’s
ing the record number of attend- Chair
Chair
maintenance obligation will sur-
ees clamoring for the same-styled program on custody issues; Judicial Section
Family Law Section
vive the recipients’ remarriage.
For several reasons, the Family
planning is already underway. This project was led by Rosalia Law Section believes the Commis- sion’s recommendations should
Baiamonte and Peter Stambleck In the recent past, New York income, just as in our child sup- T
that in several upstate judicial be implemented and the Paulin his has been an exciting
(rising stars in our section), and taught by wonderfully talented enacted several pieces of legis- lation directly affecting our state’s port statute. The Commission recommended the implementa- cial Section. We published our districts fewer than one-fifth of the judges are women, and bill rejected. First, there is no basis for a $300,000 cap; in 2010 the year for the NYSBA Judi-
section members along with trial families: true no-fault divorce, tion of statutory factors a court irst newsletter with the invalu- only a handful are minorities. New York State Tax and Finance
judges from around the state.
Our Executive Committee has same-sex marriage, and main- tenance guidelines applicable would be required to consider before applying the percentage able assistance of our founding editor, Supreme Court Justice In the Third Judicial District which encompasses the state’s Department reported that 80.1 percent of New York State taxpay-
worked hard to make our mem- bership more reflective of our during the pendency of a divorce action (Temporary Guidelines). to income in excess of $136,000 or deviating from the presumptive Deborah Karalunas. The only newsletter written by judges Capitol, for example, there are no women or minorities on the trial ers reported income of less than $100,000, and 14.3 percent report-
state’s diverse Bar. We have swift- Ironically, it is the Temporary award. The Commission further for judges, covering all courts level Supreme Court bench. (Act- ed income between $100,000 and
ly moved new members into lead- ership roles where their voices are Guidelines measure—passed only as a compromise at the close of recommended that the duration of pendente lite maintenance not of record in our state, the “Judi- cial Dispatch” promises to be ing Supreme Court Judges and Appellate Division Judges are not $199,999. Second, the manda- tory application of the formula
heard and their ideas discussed. the 2010 legislative session when exceed the length of the marriage an independent voice for the included in these statistics.)
to $300,000 could easily result
We have amended our bylaws to limit the term length of commit- the legislators failed to agree on post-divorce guidelines—that and the duration of post-divorce maintenance be determined in judiciary. We also established the first State Bar award dedi- No one can seriously ques- tion that the life experiences of in awards that payor ex-spouses cannot pay and still meet their
tee chairs, but created emeritus status for long-serving chairs. has engendered the most post- enactment controversy.
the court’s discretion based on a series of factors, not a formula. cated to judges. The inaugural Distinguished Jurist Award will men and women, and Caucasians and minorities, differ in many obligations to their children and, I daresay, to themselves. Finally
Thus, we have the beneit of expe- The thorny issue of post- Finally, the Commission recom- be presented at our Annual respects, and that those differ- in the 36 reported decisions since
rience and the creativity of youth.
Our section has been success- divorce maintenance guidelines was referred to the New York mended that a party’s increased earning capacity no longer be Luncheon on January 31st, to former Chief Judge Judith Kaye.
ences impact their views and per- ceptions. It is this common sense the implementation of the Tempo- rary Guidelines (where the cap is
ful because of the open-minds, Law Revision Commission (the considered an asset for the pur- While we are proud of these premise that has shaped the $524,000), the trial courts “devi-
hard work, and dedicated com- mitment of the executive com- Commission). After thorough study and public comment, the poses of divorce—i.e., a legislative rejection of O’Brien v. O’Brien and accomplishments, we are most excited about our report, current- increasing body of law (People v. Batson and its progeny) pro- ated” from the formula 25 times, demonstrating that a higher cap
mittee and section officers, each of whom I thank. They are Commission issued its inal report on May 15, 2013, recommending its tortured progeny.
Notwithstanding the Commis- ly in preparation, on the racial and gender composition of New tecting defendants’ fundamental right to a true jury of their peers.
does not yield the uniformity and predictability proponents
a great bunch, and I am proud an arithmetic formula be applied sion’s recommendations, Assem- York’s judiciary. This compre- Since more cases are decided of the Paulin bill say they seek.
to call them my colleagues and friends.
to both pendente lite and post- divorce maintenance, in both bly Bill No. A06728, sponsored by, among others, Assemblywoman hensive statistical analysis will compare, by judicial district, by judges than by juries, isn’t it just as critical to ensure that the Our section believes the Com- mission’s recommendations
cases “capping” the automatic Amy Paulin (the Paulin bill), was the numbers of women, African state’s judiciary relects the popu- strike a fair balance between
Pamela M. Sloan is a partner at Aron- son Mayefsky & Sloan.
application to the irst $136,000 of the parties’ combined gross
introduced last spring. The Pau- lin bill diverges from the Com-
Americans, Hispanics and Asians on the bench to the numbers in lation it serves.
As former Chief Judge Kaye the need for consistent, predict- able results in straightforward
the population as a whole.
Diversity matters in com- observed, “a diverse bench gives the public a belief that they are
merce, the professions, govern- included in the justice system.”
the suppliers of products they con- ment, business and academia. But nowhere is it more important There is value in symbolic rep- resentation, seeing someone who E-Books, Mergers and Social Media
sume; the implications of these developments on antitrust law than in the judiciary, the branch of government charged with both looks like you on the bench. Yet it is more than just the perception
and the next generation of anti- safeguarding our country’s con- of fairness, it is the actual qual- Up for Discussion
trust cases will be signiicant. The rest of the day’s activities include stitutional liberties and dispens- ing justice to its citizenry.
ity of justice that suffers when judicial diversity is lacking. We
panels and discussions of other It is the ability to petition the knew this intuitively, but now
timely and contemporary issues relating to antitrust trials, merger courts that keeps people from seeking justice in the streets. If there are empirical studies con- irming that diverse judges decide to merge with Ofice Max with
investigations, and class actions. Any practitioner with more than we are to successfully encourage members of the public to entrust certain types of cases differently than their white male colleagues, no action—perhaps concluding that the rise of online retailers
a passing interest in antitrust or their disputes to our courts, we and further that diverse judges like Amazon has left the con-
competition issues will not want to miss it. In addition, at our Annual must endeavor to close the “con- fidence gap” which seemingly on appellate benches can also inluence the decisions of their Eric J. Stock
cept of a “dominant” retail ofice superstore in the last millennium.
Meeting dinner, the keynote exists among certain demograph- colleagues and improve the col- Chair
Clearly, antitrust attorneys must
speech will be provided by Wil- liam Baer, the Assistant Attorney ic groups in our society. Statis- tics show that only 60 percent of lective decisionmaking process.1
In short, judicial diversity is Antitrust Section
know how modern markets work if they are to be successful.
General in charge of the Antitrust Division of the Department of Jus- Latino voters and 51 percent of African American voters in New essential because it provides equal opportunity to underrepre- It is no accident, then, that the Antitrust Section of the New York
tice.
York trust our state’s judges to be sented groups, offers role models Antitrust is always at the cut- standing of the current state of State Bar Association has lined up
Many thanks to Barbara Hart, vice-chair of the section, and the fair and impartial, as compared to 76 percent of white voters. to encourage our youth, inspires conidence in our justice system, ting edge of the legal profes- sion. Why? Because the resolu- competition in whatever product market is at issue– and the evo- a day of cutting edge legal and technology issues for its Annual
rest of the section’s leadership (Mark Alcott, NYSBA Journal and most importantly, promotes tion of antitrust cases depends lution of that market can have Meeting on Thursday, Jan. 30,
team for putting together such a fabulous program. Our annual November/December 2006, at 6).
New York state has one of the justice. New York’s demographics are rapidly changing. The judi- on what people are doing—and how markets are working—right dramatic effects on the outcome of the case. After all, a little over 2014. The day begins with a sur- vey of the latest developments in
meeting caps off an amazing year, which included widely attended most diverse populations in the United States, but the rich mul- ciary must keep pace with the changes or risk undermining the now. For example, the antitrust case recently brought by the ive years ago Facebook was an upstart competitor, and MySpace antitrust in 2013, with a discussion of this year’s highlights, including
programs on, among other tiracial, multicultural tapestry public’s conidence in our justice Department of Justice and state was being sued for monopoliza- the Supreme Court’s decision in
things, antitrust developments at the Supreme Court, hospital of New York’s people is not ade- quately relected in its judiciary, system and respect for the rule of law.
AGs against Apple concerns how electronic books are sold, tion. For another example, just ask Office Depot, whose pro- FTC v. Actavis, the E-books and AA/USAir cases, and other leading
mergers, the FTC investigation of particularly on monochromatic As a NYSBA section and as indi- priced, and read in the modern posed merger with Staples was government and private antitrust
Google, and other recent antitrust matters.
benches in certain upstate dis- tricts. While our report is not yet viduals we are concerned about the composition of the judiciary world. The DOJ’s recent high- proile challenge to the Ameri- blocked in 1997 by the Federal Trade Commission based on a cases. The schedule then turns to a discussion of social media and
Eric Stock is the chief of the Antitrust complete, initial statistics show
in New York state. We believe that a broadly diverse judiciary, can Airlines/USAir merger raised complex questions about how the lack of adequate alternatives to the three top office supply competition policy. The meteoric rise of social media platforms such
Bureau of the New York Attorney Gen- one that relects the full range modern airline and travel indus- superstores for purchasing low as Facebook and Twitter have had
eral’s Oice. He is a former partner of Hogan Lovells.
Rachel Kretser is a judge of the Albany City Court.
of gender, race, ethnicity and sexual orientation, » Page S7
tries function. Litigating an anti- trust case requires a deep under-
cost ofice supplies. This year, the FTC allowed Office Depot
a dramatic effect on how people interact with each other and with