AABANY Co-Sponsors: The Third Annual APAC NYC Conference

On April 29, AABANY co-sponsored the “Third Annual Consilio APAC NYC Conference: Caught in the Crossfire: Navigating Regulatory, Transactional and Regulatory Risk in Light of Current US-China Relations” at Fordham Law School. The panel was comprised of several experts in the field: Karen King of Paul Weiss, Che Lai Chang of East West Bank, Brian Burke of Shearman & Sterling, Bill McGovern of Kobre & Kim, and Jon Shaman from Consilio, moderated by Geoffrey Sant of Pillsbury Winthrop. For a fuller description of the topical and timely discussion visit Consilio’s website at:

https://www.consilio.com/2019/05/recap-3rd-annual-consilio-apac-nyc-conference/

AABANY was the CLE provider and attendees were able to receive 1.5 credits in the Areas of Professional Practice requirement. Thanks to Consilio for including us in this insightful and informative program. Thanks also to our Asia Practice Committee for spearheading this event for AABANY. To learn more about the Asia Practice Committee, go to https://www.aabany.org/page/582.

AABANY Co-Sponsors: A Reenactment of Ozawa & Thind

On Thursday, May 23, 2019, AABANY and SABANY co-sponsored a trial reenactment of two Supreme Court cases, Takao Ozawa v. United States (1922), and United States v. Bhagat Singh Thind (1923) at the Ceremonial Courtroom in 225 Cadman Plaza, Brooklyn. These cases revolved around the fight of two Asian Americans to become naturalized U.S. citizens.

Takao Ozawa, was born in Japan but moved to the United States at a young age in 1914. He attended the University of California, became a businessman, converted to Christianity, got married and had children in the United States. He sought to become a naturalized U.S. citizen, but his application was denied. His fight for citizenship went all the way to the Supreme Court, where he argued that people of Japanese descent should be classified as “free white persons” under the Naturalization Act of 1906. However, Justice Sutherland, writing for a unanimous Court, held that a person of Japanese descent could not be classified as “white.” In reaching that decision, the court relied on scientific evidence and found that the term “white persons” in the Naturalization Act of 1906 only includes persons of the “Caucasian race.”

Bhagat Singh was born in India and received his bachelor’s degree there before moving to the United States, seeking higher education in 1913. He completed his Ph.D. at the University of California and went on to give lectures in metaphysics. He also joined the U.S. Army during World War I and became the first turbaned Sikh man to serve alongside American soldiers. After the war ended, he was honorably discharged and applied for citizenship. His petition for citizenship was granted initially in Oregon, but government attorneys initiated proceedings to have it canceled on the grounds that he was not “white.” His case went to the Supreme Court, where he presented scientific evidence asserting that South Asians, such as himself, were actually of Aryan descent and therefore of the Caucasian race and thus he should be granted citizenship.

However, the Supreme Court held that even though it “may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity … the average man knows perfectly well that there are unmistakable and profound differences between them today.” The court backtracked on the rationale it used in Ozawa, where it relied on scientific evidence to find that Takao Ozawa could not be classified as Caucasian, and therefore was ineligible for citizenship.

As a result of the Supreme Court’s rulings in Ozawa and Thind, many Asians were stripped of their citizenship retroactively, leading a man named Vaishno Das Bagai to take his own life. He left a note that read: “But now they come and say to me I am no longer an American citizen. What have I made of myself and my children? We cannot exercise our rights, we cannot leave this country. Humility and insults… blockades this way, and bridges burned behind.”

These two Supreme Court decisions are a stain on our great nation’s history. They set the precedent that being an American was not enough, that to be a real American you had to be “white” based on society’s perception of what qualifies as “white” during a given period of time in history.

The reenactment serves as a reminder of the struggles that Asian Americans had to endure in the past, and it highlights why we must continue to strive to create change for the future generations of Asian Americans.

We thank Judge Denny Chin and Kathy Hirata Chin for leading the reenactment program and thank our judicial all-star cast which included: EDNY Chief Judge Hon. Dora Irizarry, Hon. Kiyo Matsumoto, Hon. Pamela Chen, Hon. Peggy Kuo, Hon. Sanket Bulsara, and Hon. Faviola Soto.

Thanks to SABANY for performing this re-enactment. AABANY was proud to be a co-sponsor, presenting 1.5 CLE credits in the Diversity & Inclusion category.

PRESS RELEASE: AABANY CONGRATULATES KATHY HIRATA CHIN ON BEING SELECTED TO RECEIVE THE INAUGURAL HONG YEN CHANG AWARD BY THE COLUMBIA LAW SCHOOL ASSOCIATION AND ASIAN COLUMBIA ALUMNI ASSOCIATION AT THE NEW YORK COUNTY LAWYERS ASSOCIATION

NEW YORK – May 24, 2019 – The Asian American Bar Association of New York (“AABANY”) is proud to announce that Kathy Hirata Chin, Partner at Crowell & Moring LLP and longstanding member of AABANY, will be honored at the New York County Lawyers Association (NYCLA) at the Inaugural Hong Yen Chang Reception on Tuesday, May 28, 2019. The Columbia Law School Association and Asian Columbia Alumni Association are recognizing Ms. Chin with this honor, and the reception is co-sponsored by AABANY, the Asian Practice Committee of NYCLA, the Korean American Lawyers Association of Greater New York, and the Network of Bar Leaders. Ms. Chin is a 1980 graduate of Columbia Law School.

In 1872, 13-year-old Hong Yen Chang came to the United States to be groomed as a diplomat. He earned degrees from Yale University and Columbia University’s law school and passed the bar exam. However, after passing the bar examination, he was first denied admission because of his lack of U.S. citizenship due to the Chinese Exclusion Act. A special act of the New York Legislature (N.Y. L.1887 c. 249) allowed his admission despite this bar and in 1888, Hong Yen Chang reportedly became the first Asian American attorney admitted to the bar in New York. Hong Yen Chang then moved to California and applied for admission to the bar there but was denied in 1890 due to his lack of citizenship. Not until 2015 was this exclusion remedied, when the California Supreme Court granted an application from members of the UC Davis Asian Pacific American Law Students Association for posthumous admission of Hong Yen Chang.

“Although the very first Asian American lawyer in New York State was admitted over 130 years ago, the legacy of exclusion, discrimination and bias continues to preserve a Bamboo Ceiling in 21st century America,” states AABANY President Brian Song. “We are grateful that Kathy Hirata Chin has been a vital champion, role model and trailblazer in the fight for diversity and inclusion in the legal profession and are proud to count her among our most prominent members. We congratulate her on being selected to receive the Hong Yen Chang Award.”

Kathy Hirata Chin is an accomplished litigator who has handled dozens of appellate cases, concentrating her practice in healthcare and real estate. After graduating magna cum laude from Princeton University and graduating from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar and Editor-in-Chief of The Columbia Journal of Transnational Law, Ms. Chin joined Cadwalader, Wickersham & Taft LLP, becoming one of the first minority and women Partners in 1990.

Nominated by Mayor Rudolph Giuliani, Ms. Chin served on the New York City Planning Commission from 1995-2001. Nominated by Mayor Michael R. Bloomberg, Ms. Chin served on the New York City Commission to Combat Police Corruption in 2003. She has also served on Governor Mario M. Cuomo’s Judicial Screening Committee for the First Judicial Department from 1992-1994; the Magistrate Judge Merit Selection Panel for the Eastern District of New York from 1992-1999; the Gender Bias Committee of the Second Circuit Task Force on Gender, Race, and Ethnic Fairness; the New York County Lawyers’ Association’s Task Force to Increase Diversity in the Legal Profession; and Chief Judge Judith S. Kaye’s Commission to Promote Public Confidence in Judicial Elections from 2003-2006; and the New York County Lawyers’ Association Board of Directors.

In December 2012 and again in December 2014, she was nominated for appointment to the State Court of Appeals by the New York State Commission on Judicial Nomination. In April 2016, she was appointed by Gov. Andrew Cuomo to the First Department Judicial Screening Committee. Since January 2016, Kathy has served as a member of the Second Circuit Judicial Council Committee on Civic Education & Public Engagement, focusing on historic reenactments as a teaching tool. With her husband, the Hon. Denny Chin of the U.S. Court of Appeals for the Second Circuit, and teams of lawyers and judges from AABANY, she has developed and presented reenactments of famous cases such as Korematsu vs. U.S, to teach lawyers and the community about the significant contributions made by Asian Americans to the social, political and legal history of the United States.

Ms. Chin has played a critical role in initiating and sustaining change within many organizations, in the legal profession and the community. Please join AABANY in congratulating Ms. Chin on this well-deserved honor.

For more information, please contact Yang Chen, AABANY Executive Director, at (212) 332-2478, or direct any inquiries to [email protected].

The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is a New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

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AABANY at the CAPA Festival

AABANY was proud to participate in The Coalition of Asian Pacific Americans’ (CAPA’s) Asian American/Pacific Islander (AAPI) Heritage Festival on May 19, 2019. It is the longest continuously running Pan-Asian American Festival on the East Coast and this year’s celebration was particularly special because 2019 marked the 40th anniversary of the Festival.

This year’s theme was celebrating Asian American heroes, and AABANY was proud to be involved. We gave out over forty 2018 Year End Reports, spreading the word about the amazing work that AABANY does every year.

We thank Chris Kwok, Kwok Ng, Francis Chin and Kevin Hsi for helping to man the table this year.

For more information on the event, visit CAPA’s website at: www.capaonline.org or Facebook page at: https://www.facebook.com/AAPIFest/

AABANY at the AAJA-NY Trivia Bowl

On Friday, May 10, 2019, AABANY once again competed in the Asian American Journalists Association – NY Chapter Trivia Bowl against other area news and Asian American organizations. This event raises money for journalism student scholarships. Five rounds covered such topics as spelling, current events, Asian American history, sports, and science and technology. Led by our intrepid captain Chris M. Kwok, we placed a respectable 8th in the AAJA-NY trivia bowl, tying with CBS and MSNBC. Returning champions the NY Times recaptured the Tea Cup, followed by NBC and Newsday. We enjoyed having the help of our new friends from JetBlue!

Thanks to Francis Chin for the write-up and photo for this blog post.

AABANY Tax Club Dinner

On Tuesday, May 21, 2019, the Tax Committee held its quarterly Tax Club Dinner at Tang Pavilion. The diverse group of attendees discussed a wide variety of tax, business, and other non-tax considerations for qualified opportunity zones, a hot new tax incentive that promotes equity investments in certain designated low-income communities. Many qualified opportunity zones can be found in Asian communities, including Flushing, Sunset Park, and Chinatown in Philadelphia. It is anticipated that the next Tax Club dinner, during the summer, will discuss lending businesses and their tax implications for both U.S. and foreign investors.

To learn more about the Tax Committee and how to contact the Co-Chairs, go to https://www.aabany.org/page/453.

Thanks to Tax Committee Co-Chair Libin Zhang, Partner at Fried, Frank, Harris, Shriver & Jacobson LLP, for providing the write-up and photo for this blog post.

Manhattan Family Justice Center CORE I & Advanced Training Offerings

The Manhattan Family Justice Center announced its next round of CORE I trainings. The CORE training series is a learning opportunity for service providers, community leaders, and city agency staff who are working with populations directly or indirectly affected by intimate partner violence, sex trafficking, and/or elder abuse.

All the CORE trainings listed below are free and will take place at the Manhattan FJC, 80 Centre Street, 5th Floor Training Room, New York, NY 10013.

To register for a CORE training, click here.

Intimate Partner Violence Dialogues
Monday, June 3th
10:00 – 12:00 PM
Facilitated by: Arab-American Family Support Center & Mayor’s Office to End Domestic and Gender-Based Violence

Cultural conversations
Monday, June 3th
1:00-3:00PM
Facilitated by: Arab-American Family Support Center

Elder Abuse
Thursday, June 6th
2:00 – 4:00PM
Facilitated by Carter Burden Network

Risk Assessment & Safety Planning
Thursday, June 13th
2:00 – 4:00 PM
Facilitated by: Safe Horizon

Engaging Trauma Survivors
Monday, June 24th
10:00 – 1:00 PM
Facilitated by: Mayor’s Office to End Domestic and Gender-Based Violence

Intimate Partner Violence & the LGBTQ+ Community
Monday, June 24th
2:00 – 5:00 PM
Facilitated by: Mayor’s Office to End Domestic and Gender-Based Violence

Sex Trafficking
Wednesday, June 26th
10:00 – 12:00 PM
Facilitated by: Safe Horizon

The Manhattan Family Justice Center also announced its next round of Advanced Training offerings for May and June. All trainings are FREE and provide professional development for service providers, community leaders, and City agencies on relevant topics regarding intimate partner violence, sex trafficking and elder abuse. All the Advanced Trainings listed below will take place at 80 Centre Street, 5th Floor, New York, NY 10013.

To register, click here.

Thursday, May 30, 10:00am-12:00pm, Tech Abuse
Facilitated by National Network to End Domestic Violence

Thursday, May 30th, 1:00pm-4:00pm, Conducting a Nuanced and Holistic Assessment in Intimate Partner Violence Cases
Facilitated by Steps to End Family Violence

Thursday, June 6, 10:00am-1:00pm, Consumer Law
Facilitated by: CAMBA

For more information, questions about the registration link, or to add any colleagues to the MFJC trainings list, please email Indhira Castro at [email protected].

AABANY’s LGBT Committee Hosts a Roundtable Discussion On Negotiating The Experience of Being Both LGBT and Asian American

On March 5, 2019, the AABANY LGBT Committee held a roundtable discussion titled: “Transactional Identities: Navigating the various contexts of coming out for Asian American lawyers.”  

Presenting were Connie Montoya, Partner, Hinshaw & Culbertson LLP; Janice Jabido, IP Counsel, Pratt & Whitney; and Tony Thomas, Chief Legal & Labor Relations Officer, City University of New York – Brooklyn College.  

Dennis M. Quinio, Manager of Diversity & Inclusion, Milbank, LLP, moderated the discussion.  

Our esteemed presenters jump-started the conversation, sharing their experiences being LGBT and Asian American within the legal profession, their families and their communities at large.  They discussed the struggles of being in the closet; the dynamics of coming out to colleagues, clients, and family members; and strategies for overcoming day-to-day challenges such as microaggressions. Several Asian American LGBT attorneys from private practice, government and the nonprofit sector attended the discussion and shared their experiences in this confidential space, meant to foster a candid and supportive dialogue. We heard about others’ experiences harmonizing identities that may seem to be in conflict and explored how living our “authentic” selves can impact our effectiveness at work.

The law firm of Cleary Gottlieb Steen and Hamilton graciously hosted the event. At the beginning of the roundtable, Sandra Flow, Partner and Chair of the Committee on Diversity and Inclusion at Cleary, delivered warm welcoming remarks, affirming the firm’s commitment to supporting diverse attorneys.  

If you would like to join the AABANY LGBT Committee or learn more, email John Vang at [email protected].  

AABANY Presents: Legal Seminar for Small Businesses

On Friday, May 17, 2019, Sandra Ung, New York State Committee Woman, and Chris Kwok, AABANY Board Director, Issues Committee Chair and Asia Practice Committee Co-Chair, presented a legal seminar for small business owners at Flushing Library. The speakers were Tiffany Ma, Young & Ma, LLP, and William Ng, Littler Mendelson P.C., and they addressed a wide array of issues faced by small business owners in both Mandarin and English.

The discussion centered around how small business owners can take steps to make sure they comply with Federal, State, and City employment laws to avoid liability. In particular, the speakers addressed the minimum wage requirements, the importance of maintaining unemployment insurance, the prevention of anti-discrimination and anti-harassment claims, compliance with ADA accommodation requirements and the New York State Paid Family Leave Act.

There was serious discussion on the pressures small businesses face within the legal regulatory framework, with the additional language and cultural barriers faced by first generation immigrant business owners.

The event was also covered by the World Journal and Sing Tao Daily. To read more about the event from the World Journal, click here. To read more about the event from Sing Tao Daily, click here.

We thank Sandra Ung and Chris Kwok for organizing this information session. We also thank the speakers, Tiffany Ma and William Ng, for volunteering their time to address the concerns of small business owners.

Congratulations to Judge Pamela Chen

Congratulations to Judge Pamela Chen, U.S. District Court Judge at the Eastern District of New York, on being honored by the Brooklyn Women’s Bar Association and the Asian American Judges Association of New York during an Asian American and Pacific Islander Heritage Celebration held at the Brooklyn Bar Association building at 123 Remsen Street in downtown Brooklyn on Monday, May 13. We were joined by many State and Federal Court judges who came out to celebrate with Judge Chen. We even had a lion dance, which may have been the first time this Chinese tradition was observed at the Brooklyn Bar Association.

In 2012, President Obama nominated Judge Chen to serve as a Federal District Court Judge in the Eastern District of New York. The United States Senate confirmed her nomination on March 4, 2013, and she became the first Chinese-American female Article III judge outside of California and the second-ever Chinese-American female federal judge in U.S. history, continuing to add to the rich legacy of the Second Circuit and New York State.

As AABANY Executive Director Yang Chen Stated: “During May, we celebrate Asian Pacific American Heritage Month, and it is a most fitting tribute that we recognize and honor a distinguished jurist like Judge Chen, who has been a champion of diversity and inclusion in the legal profession. Judge Chen has been an active AABANY member for many years, and we proudly followed Judge Chen’s path to the bench and her rise over the years, and congratulate her on this well-deserved honor.”

Please join AABANY in congratulating Judge Pamela Chen.