Month: July 2023

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Allen & Overy Presents AABANY Trial Reenactment: Oyama v. State of California

On May 24, AABANY and Allen & Overy (A&O) presented a reenactment of the historic case Oyama v. State of California, in commemoration of Asian American and Pacific Islander (AAPI) Heritage Month. This landmark case was reenacted by attorneys and law students to tell a captivating story involving AAPI litigants on an important constitutional case known to very few but which has resonance to the present day.

As described on the AABANY Trial Reenactments website:

Inspired by Prof. Rose Cuison Villazor’s law review article, “Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship,” 87 Wash. U. L. Rev. 979 (2010), the reenactment dealt with the California Alien Land Law which prevented “aliens ineligible from citizenship” – i.e., Japanese – from owning land. The case explored the ways in which denial of property rights also served to promote racial discrimination against the Japanese in California. In the case, Kajiro Oyama, a Japanese immigrant who was ineligible for United States citizenship at the time, bought a parcel of farmland which he deeded to his minor son Fred, who was born in the United States and was thus a citizen. Under the Alien Land Laws, this transaction was deemed a fraud and the State of California brought suit against Fred Oyama to escheat the property. The case went all the way up to the United States Supreme Court, where the statute’s constitutionality was placed before the Court for its review.

The in-person reenactment was followed by a lively panel discussion co-sponsored by A&O’s U.S. Asian Affinity Network. The discussion was led by A&O Partner John Hwang and Associate Rachel Lee and featuring guest speakers Professor Rose Cuison-Villazor and Shenyang Wu. As the Interim Co-Dean at Rutgers Law School, Professor Cuison-Villazor shared details of her personal discussion with the Oyama family in 2010 for her paper. Shenyang, a partner at Alpha Law NY PLLC and a co-founder of the Chinese American Legal Defense Alliance (CALDA), reinforced that sentiments from legislation like the Alien Land Act of 1913 are still alive by noting Texas lawmakers’ recent decision to restrict Chinese foreign nationals’ land ownership.

A particularly poignant moment during the panel occurred when John Hwang conducted an informal survey of the number of lawyers who had heard of the Oyama v. California case prior to the reenactment. In a room of more than 50 attorneys and law students, less than 5 people raised their hands. This demonstrates how much more work needs to be done for AAPI and the law in legal education and highlights the importance of reenactments like this. The significance of the case for the AAPI community extends beyond issues of immigration, residency, and land ownership. It symbolizes the power of every voice that deserves to be heard and every story that needs to be told.

We thank Allen & Overy and all of the participants in the reenactment for giving their time to raise awareness of the Oyama family’s legacy. For more information about AABANY’s trial reenactment project, visit https://reenactments.aabany.org/.  

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AABANY Congratulates Jennifer H. Wu on Testifying before the U.S. Commission on Civil Rights on the Federal Response to Anti-Asian Racism

On March 24, 2023, the U.S. Commission on Civil Rights (USCCR) organized a briefing to address the federal government’s response to anti-Asian racism in the United States. Jennifer H. Wu, Co-Chair of the AABANY Women’s Committee and a member of the AABANY Anti-Asian Violence Task Force, provided her testimony during the session. Jennifer highlighted the fact that none of her pro bono clients, who were victims of well-known anti-Asian hate crimes, had ever reported the crimes to federal agencies. “I am here, because I became a civil rights lawyer,” Jennifer declared, “because there has been no federal response to anti-Asian racism.”

During her testimony, Jennifer emphasized the importance of reading AABANY’s reports on anti-Asian violence in 2021 and 2022 to understand “the response from the local community to people in our community dying.” She acknowledged the precipitous rise in anti-Asian hate crimes in New York City and the growing atmosphere among of fear within the AAPI community during the pandemic. Jennifer called for comprehensive support for victims, including providing and advocating for qualified and experienced interpreters in interactions with the police and improved training and education. In addition, “[the] victims need wraparound services [such as] people to help them with [setting up a] Go Fund Me. In order to withdraw funds, you need [a] Social Security number from the United States as well as [a] bank account [in] the United States. They also need [the] ability to apply for U visas if they are undocumented. They need help with healthcare.” Jennifer, herself a daughter of immigrant parents and a mother of three children, expressed her deep “yearn[ing] for a better future.” 

AABANY extends our congratulations and gratitude to Jennifer for her outstanding efforts and advocacy work in support of the AAPI community during a most difficult and challenging time. Her invaluable pro bono work advising and assisting survivors and victims of anti-Asian violence in New York over the past few years were recognized with a Member of the Year Award at AABANY’s 2023 Annual Meeting. We commend her for her dedication and commitment.

To view the full hearing before the USCCR, please click here. 

To view the highlights of AAPI leaders who testified: 

  • Jo-Ann Yoo, Asian American Federation
  • John Yang, Asian Americans Advancing Justice
  • Cynthia Choi, Chinese for Affirmative Action
  • Jennifer Wu, Asian American Bar Association of New York
  • Manjusha P. Kulkarni, AAPI Equity Alliance

please click here. Thanks to Commissioner Magpantay for sharing the highlight video.

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Commercial Division Advisory Council Organizes Lecture Series

During June 2023, the Commercial Division of the New York State Supreme Court hosted a lunchtime lecture series, which was organized by the Commercial Division Advisory Council for summer associates at law firms, interns working with Commercial Division Justices, as well as bar association members. The goal of the series was to educate future lawyers about the Commercial Division and commercial practice, showcase the wide variety of cases that come before the Commercial Division, and highlight the value of clerking, interning, and litigating in the Commercial Division. The series comprised four programs, each featuring a Commercial Division Justice and some of the best-known and most-respected commercial litigators in the United States as speakers. The programs were well attended, and the audience reactions were positive.

If you missed the lectures or are interested in learning more, we invite you to visit the recordings of the four programs which are available through the links below:

June 8th – Motion Practice: Hon. Jennifer G. Schecter and Robert J. Giuffra Jr.
https://kelleydrye.zoom.us/rec/share/nr109KTDQWgEvfNi9hUoULvlzjgr3mYbAWAPh5GJcTFBdj3H3ipfI__x79R-vHzh.1sG-guD3_Ach6xf0

June 13th – Depositions: Hon. Andrea Masley, Sandra C. Goldstein, Stefan Atkinson, and Robert Gretch
https://kelleydrye.zoom.us/rec/share/az7UsGec_0pTENTnxCctSLg-Fda2AP0x49SSLRF4b4KPEm2-B1JHYyrSupDjKi2Z.oo4Y7628eh7uWcnu

June 20th – Written and Electronic Discovery: Hon. Joel M. Cohen, Lynn K. Neuner, Linton Mann III, and Rachel Sparks Bradley
https://kelleydrye.zoom.us/rec/share/K5f2AzkBc75rdelDhcI5arvwVckU0wOXlTA03LIJlQpMPdbtxJ0trAwpo3-ZVq-T.7plVWw-jd44cu3cp

June 27th – Trials: Hon. Robert R. Reed, Loretta E. Lynch, and Daniel J. Toal
https://kelleydrye.zoom.us/rec/share/wHa-KewhYwqf9EXvQwMjbG43XYyZY63LTtFo46KKpfR67Yj3esHfjvk-fJwFwjjp.apjK-44xIr0ZtgrB

To learn more about the Commercial Division of the New York State Supreme Court, please click here.

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NAPABA Prospective Partners Program (PPP) | Application Now OPEN!

Now Accepting Applications!

Application Deadline: Friday, August 18 at 8:00 pm ET

The NAPABA Prospective Partners Program (PPP) application is now open! If you are a senior associate or of counsel at a major law firm who is approaching consideration for partnership, the PPP is designed for you. The PPP aims to increase the number of Asian American, Native Hawaiian, and Pacific Islander partners at major law firms through introduction, mentorship, and relationship building. Sessions will take place at the 2023 NAPABA Convention in Indianapolis, Indiana, November 9-12.

Prospective partners will receive mentorship and guidance on their career development and connect with senior in-house counsel where they will have an opportunity to introduce themselves and the services of their firms.

Additionally, prospective partners will be paired with a partner mentor from a different law firm who will provide feedback and guidance on the prospective partner’s introduction presentation and career development.

The deadline to apply for this program is 8:00 pm ET on Friday, August 18.

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AABANY IP Committee Hosts Talk with Kelly Koyama-Garcia as Part of “Dumplings & Discussion” Series

On June 20, 2023, the IP Committee hosted the next of its “Dumplings & Discussion” series at Fish & Richardson (“Fish”) with Kelly Koyama-Garcia as the guest speaker. She is the SVP, Corporate Secretary & General Counsel at Louis Vuitton America. Participants enjoyed pork and chive dumplings, Buddha’s Delight, chicken dumplings, and many other Chinese dishes. Jeffrey Mok, IP Committee Co-Chair and Principal at Fish, moderated the discussion and kicked it off by asking Kelly her favorite type of dumpling. Without a second thought, Kelly revealed that it is Xiao Long Bao from Din Tai Fung. 

Over the course of the evening, Kelly openly shared her unique experiences that have led her to her current position at Louis Vuitton Americas. Outside of her work, Kelly is an active member of AABANY and the co-chair of the Retail Law Practice Group at the Association of Corporate Counsel. Kelly shared her personal experiences that have paved the way for choosing the legal profession and navigating challenging moments as an Asian female leader in her industry. 

Kelly recounted the start of her interest in the legal profession after interning in D.C. for Congressman Patrick Kennedy in her junior year of college. Surrounded by law students and former lawyers, Kelly was inspired by her colleagues to apply to Boston University Law School and became the first in her family to attend law school. She began her career at Cleary Gottlieb Steen & Hamilton in New York specializing in bankruptcy for five years before joining McGraw-Hill as an in-house counsel focusing on mergers and acquisitions. She pointed out the different skill sets she had to learn transitioning from working at a law firm to working in-house. As Kelly tackled challenges of her position at McGraw-Hill, she also had a clearer idea of how she wanted to progress from there. She recalled applying to a broad range of industries, including fashion and retail, when a serendipitous rejection from DKNY referred her to a position at Marc Jacobs. Kelly took a proactive approach at Marc Jacobs which allowed her to tackle a plethora of legal projects by establishing the first in-house legal department for the brand. In the ten years she spent working at Marc Jacobs, she maintained meaningful relationships, one of whom interviewed her for her current position at Louis Vuitton Americas in 2018. 

Kelly talked about her day-to-day responsibilities at Louis Vuitton and how she creatively strategized for whatever issue came up. At a brand where the legal structure differs greatly from other companies, the biggest legal concerns Kelly finds herself dealing with are consumer-facing privacy laws and compliance that are ever changing. 

Kelly’s journey elicited many thought-provoking questions from all the attorneys attending and she also shared some moments of prejudice she encountered as a woman and person of color. Despite how far she has come since her first day as an associate, Kelly still encounters racism and sexism in her industry. She highlights the importance of visibility and representation by drawing strength from her personal experiences and recognizes that much still needs to be done. 

After the in-depth discussion and lively Q&A that followed, attendees continued to enjoy drinks and food during the networking reception that capped the event. 

Thanks to Jeff Mok, Co-Chair of the IP Committee for organizing a well-attended and insightful program. To learn more about the IP Committee and how you can get involved, go here.

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AABANY Files Comments in Response to the March 24, 2023 Public Briefing on the Federal Response to Anti-Asian Racism in the United States

The Asian American Bar Association of New York (AABANY) submitted a letter on April 24, 2023 to the United States Commission on Civil Rights (USCCR) expressing concern about the ongoing issue of anti-Asian hate and violence in the United States, particularly in New York. In the letter, we highlighted the increase in incidents during the COVID-19 pandemic and outlined the efforts of AABANY’s Anti-Asian Violence Task Force (AAVTF) in addressing these issues, including hosting webinars, publishing reports, advocating for legislative changes, and providing resources to support victims. While we appreciate the USCCR for drawing attention to anti-Asian crimes, we believe that there is much more work to be done. AABANY presented three recommendations to combat anti-Asian hate crimes: improved hate crime data reporting, recognition of the community as a victim and investigative partner, and appropriate training for prosecutors and law enforcement. We emphasized the importance of collaboration between the government, law enforcement, and community organizations to ensure the safety of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

To read AABANY’s public comment in its entirety, please click here. AABANY gratefully acknowledges the efforts of Chris Kwok, Issues Committee Chair, and AABANY Student Leaders Jinny Lim, J.D. candidate, Seton Hall Law School ‘24, and Catherine Tran, J.D. Candidate, Columbia Law School ‘25, in preparing this submission.

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AABANY Asia Practice Committee Presents: Unlocking the Path to Partnership – In-Depth Insights from Ms. Portia Ku, Partner at O’Melveny & Myers’ New York Office

On July 15, 2023, AABANY’s Asia Practice Committee hosted via Zoom an inspiring guest speaker session with Ms. Portia Ku, a partner at O’Melveny Myers’ New York office, who shared her personal journey and provided invaluable insights to empower aspiring lawyers. This event was designed for young lawyers with an Asian background seeking successful legal careers in international law firms. Hardy Zhou, Co-Chair of Asia Practice Committee, and Chenyi Wang, from Carter Ledyard & Milburn LLP, served as moderators. For those who missed the event, please listen to the recording by clicking on the image above.

Ms. Ku addressed various topics crucial to the participants’ professional advancement, including her extensive legal career in Taiwan, Hong Kong, the U.S. and mainland China, her career path to partnership in an international law firm, building a successful legal career as an Asian lawyer, challenges and tips for LL.M. graduates in the United States, achieving success as a female lawyer, navigating recessionary periods, and considerations between working in the United States and Greater China. The event concluded with an engaging Q&A session, allowing the audience to actively participate by posing questions to Ms. Ku. She graciously provided valuable responses, further enriching the attendees’ understanding of successful legal careers. The event proved to be a tremendous success, offering participants practical strategies, inspiration, and knowledge to excel in their legal careers.

AABANY expresses gratitude to Ms. Ku for sharing her expertise. We also thank CLECSS (China Legal Education and Career Seminar Series) for co-sponsoring this event.  Thanks to all the attendees for taking time out of their day to learn and support. To learn more about the Asia Practice Committee and how you can get involved, click here.

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AABANY and Asia Society Co-Host Special Screening of “Dear Corky” on May 31, 2023

On May 31, in honor of Asian American, Native Hawaiian, Pacific Islanders month (AANHPI), AABANY and the Asia Society came together to co-host a special screening of Dear Corky, a short documentary film that captures the late New York photographer Corky Lee’s documentation of New York City’s Chinatown, in his hometown, and Asian American communities across the nation. 

The film tells the inspiring story of Corky, the man behind the camera, who spent over fifty years capturing over a hundred thousand photographs. His life’s mission was dedicated to achieving photographic justice. Starting from his college days, Lee began photographing Chinatowns, and driven by his deep sense of social justice, he captured images of activists, everyday heroes, and celebrities with equal passion. After the passing of his wife in 2001, Corky found comfort in his photographs, as they became his safe haven. He shared that he felt less lonely because he felt connected to the people in his photographs. Corky passed in early 2021 after being hospitalized for COVID-19. He had been out in the community documenting anti-Asian hate and violence during the onset of the pandemic.

Following the screening, Chris Kwok, Chair of AABANY’s Issues Committee, moderated a conversation with the film director Curtis Chin, Virgo Lee, advisor to the Estate of Corky Lee, and Mae Ngai, Asian American Studies Lung Family professor and history professor at Columbia University. 

The panelists shared their fond memories of Corky Lee. They highlighted not only the joy brought to their lives but also the recognition of how impactful he was to the Asian American community. Corky Lee’s photography served as a spotlight and voice of the experiences, struggles, and accomplishments of various communities and movements across the country. His selflessness and passion in his work served as an inspiration to many.

Prof. Ngai also shared a special report on the forthcoming book, Corky Lee’s Asian America, from Penguin Random House. The book will provide a deeper dive into decades of Corky’s activism expressed through his photojournalism. It is now available for pre-order and set to release on February 20, 2024.

AABANY thanks everyone for attending this event as a fitting conclusion of AANHPI Heritage Month. It was truly heartwarming to witness how supported and beloved Corky Lee was.

To view post-screening discussion, please click here for the full video. 

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NAPABA Applauds the Confirmation of Justice Myong J. Joun to the U.S. District Court for the District of Massachusetts


For Immediate Release: 
Date: July 13, 2023		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – Yesterday, the United States Senate confirmed Judge Myong J. Joun to the United States District Court for the District of Massachusetts. Judge Joun is the first Asian American male in Massachusetts to serve as an Article III judge.

“NAPABA congratulates Judge Myong Joun on his confirmation to the U.S. District Court,” said Sandra Leung, President of NAPABA. “An exceptional attorney and judge, Judge Joun is a leader in the community. A U.S. Army and Massachusetts National Guard veteran, he is the second former Asian American Lawyers Association of Massachusetts president to be confirmed to an Article III judgeship.”

Before Judge Joun’s confirmation, Governor Deval Patrick appointed him to the Boston Municipal Court. He worked in private practice, specializing in criminal defense and plaintiff’s civil rights litigation in state and federal courts.

Active in the community, Judge Joun is a former president of the Asian American Lawyers Association of Massachusetts, an affiliate of NAPABA. He has served on the boards of directors for the Harry J. Elam Judicial Conference, the National Lawyers Guild, the Lawyers’ Committee for Civil Rights Under Law of the Boston Bar Association, and the Executive Management Board of the Massachusetts Bar Association. Judge Joun received his J.D. from Suffolk Law School and his B.A. from the University of Massachusetts.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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Asian American Law Journal – Call for Submissions

The Asian American Law Journal at Berkeley Law is now accepting submissions for its 2023-2024 volume!

The Asian American Law Journal at Berkeley Law invites AABANY members to submit an article, essay, book review, transcript of a previous lecture, or other contribution on civil rights, immigrant rights, or any other area of their interest relating to Asian Americans and the law.

What is the Asian American Law Journal (AALJ)? AALJ is one of only two law journals in the United States focused on Asian American communities. Since 1993, we have provided a scholarly forum for the exploration of unique legal concerns of Asian Americans, including but not limited to the East Asian, South Asian, Southeast Asian, Native Hawaiian, and Pacific Islander communities. Each annual volume typically contains articles, book reviews, essays, and other contributions from scholars, practitioners, and students.

What topics and issues does AALJ feature? We welcome commentary, analysis, and research on the diverse experiences of Asian Americans, particularly at the intersections of gender, class, sexual orientation, religion, and race. For example, our recent publications have explored the effects of racial stereotypes on Asian American women, reparations for Asian Americans in California, and the impact of Supreme Court decisions on citizenship. We especially welcome scholarship on timely issues such as critical race theory, recent judicial opinions impacting Asian American communities, and Asian Americans’ roles in advocating for racial justice and BIPOC solidarity.

Is there a specific format or word limit? We recognize that the format of traditional law review articles may limit the ability to capture the ways in which the law intersects with lived experience beyond legal doctrine and formal analysis. Therefore, in addition to academic articles, we also welcome essays and other written formats that explore the unique legal concerns of Asian American communities. Consider our archives for references. (Recently, we have enjoyed Professor Carlos Hiraldo’s Arroz Frito with Salsa: Asian Latinos and the Future of the United States, Professor Mari Matsuda’s Planet Asian America, and Professor Robert Chang’s article, AALJ’s inaugural piece, Toward an Asian American Legal Scholarship.)

Is there a deadline? Yes, all submissions are due on Monday, August 21th, 2023, though we make publication offers on a rolling basis. Please send your submissions via email to [email protected] or through Scholastica.

What does the publication process look like? Over the course of the 2023-2024 academic year, our journal team will work with you to provide substantive feedback, in addition to cite-checking and formatting your article.

What if I have more questions? Please send us an email! We would love to connect.

I don’t have anything to submit, but I know someone who might. What can I do? For those in the position to do so, we would appreciate you forwarding this note to your departments, teams, and friends or colleagues who may be interested in publishing with AALJ.

Thank you for your time, and we look forward to working with you!

Natasha Suterwala and Eva Gu
Submissions Editors
Asian American Law Journal
University of California, Berkeley, School of Law