Author: Annie Tan

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NAPABA Now Accepting Nominations and Applications for the 2020-21 Board of Governors

The National Asian Pacific American Bar Association (NAPABA) is now accepting nominations for Officer and Director Candidates and applications for At-Large Candidates for the 2020-21 NAPABA Board of Governors.

In 1988, NAPABA was successfully formed by visionary leaders who provided the passion, determination, and support needed to transform the concept of a national Asian Pacific American bar association into a vibrant, diverse, and flourishing organization. Today, NAPABA is the voice for 50,000 Asian Pacific American attorneys, judges, law professors, and law students and represents the interests of nearly 90 national, state, and local Asian Pacific American bar associations.

The organization has grown exponentially over the past decade—maturity, stature, and staff. As a result, the NAPABA Board of Governors has continued to evolve as an oversight and governing body committed to the mission and purpose of NAPABA. The governing Board of 23 and national staff of seven (7) complement and support each other—together focused on NAPABA’s mission through different perspectives and actions.

NAPABA is committed to having a governing board that reflects the diverse Asian Pacific American legal community and has the right blend of skill, expertise, community connections, and diverse perspectives as a whole. To that end, the NAPABA Board of Governors embarked on a positive, forward looking, transformation—transitioning the Board from an operationally engaged group to a more strategically focused governing board that will employ a “best practice” standing committee framework to better execute its organizational oversight responsibilities.

The NAPABA Board of Governors now includes five (5) Officers and four (4) Directors elected by the membership, ten (10) Regional Governors chosen by the NAPABA regions, and four (4) At-Large Board Members who are appointed by the Board of Governors. In addition, the NAPABA Board of Governors has established three (3) Standing Committees: Governance, Nominations and Elections; Finance; and Programs. These new Standing Committees may include a mix of Board and non-Board members and will allow committee members to collectively oversee key strategic areas important to NAPABA, as well as assess matters of consequence in depth, and provide recommendations to the entire Board. Stay tuned for future opportunities to lend your talent and support to NAPABA and participate in NAPABA Standing Committees. 

The Nominating and Elections Committee is now accepting nominations for Officer and Director candidates and applications for At-Large Board Member candidates for the 2020-21 NAPABA Board of Governors. 

Click here to apply or nominate.

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Member Profile: Chris Kwok Reconstructs the Hidden Narratives of Asian America

In response to the anti-Asian violence and harassment exacerbated by COVID-19, Chris Kwok has created important spaces for the APIA community to address and heal from these discriminatory acts. As Chair of the Issues Committee of AABANY, Chris has organized numerous panels and discussions to educate individuals about the history of anti-Asian racism and xenophobia relating to public health crises, and has co-authored an op-ed for the New York Daily News on the topic.

Born in China, Chris moved to the United States in 1979, where his family was among the first wave of Asian immigrants to settle in Flushing. He had always been interested in history and was able to focus on Chinese and Asian American history as an undergraduate at Cornell. He then went on to UCLA Law School to continue his developing interest in civil rights and critical race theory. Chris served as a mediator for the New York District Office of the U.S. Equal Employment Opportunity Commission (EEOC). Chris also served on the White House Initiative on Asian Americans and Pacific Islanders and was the founding chair of the Asian American Pacific Islander Network. Currently, he is a mediator of labor and employment disputes at JAMS.

The idea that Asian Americans are carriers of disease is not new–it is deeply rooted in Western and American thought. Chris cites the bubonic plague outbreak in San Francisco in the early 1900s as an example of APIA communities being subjected to similar hatred and discrimination we see today. In order to better understand and combat the anti-Asian violence and rhetoric from COVID-19, and also to become better citizens and community members, Asian Americans must be aware of their own history in this country. Unfortunately, Asian American history is not mainstream: this education is not taught but must be self-directed. Through his programs and discussions, Chris hopes to share this under-acknowledged history and “reconstruct the narratives that are hidden in plain sight for most Asian Americans.” 

Over the past two months, Chris has organized and been featured in many events addressing anti-Asian violence and harassment. On April 3, he led a panel discussion through the National Asian Pacific American Bar Association (NAPABA) that aimed to educate Asian American lawyers on the history of using public health concerns to justify anti-Asian sentiments. On April 20, Chris participated in a virtual town hall with Alvin Bragg, former Chief Deputy at the New York State Attorney General’s Office, where he spoke to a larger audience about multi-racial coalition building to combat all types of hate crimes. Chris also spoke on a panel for the Asian American Arts Alliance on May 19, where he discussed the rise in COVID-19 hate crimes and how Asian American artists have the power to retell the lost narratives of the APIA community in American history. On May 28, Chris gave the introductory remarks for a panel responding to a virtual trial reenactment of the Vincent Chin case, where he highlighted the relevance of Vincent Chin’s murder in the current environment of anti-Asian harassment and violence. Finally, Chris served as a panelist for the Thomson Reuters Asian Affinity Network on May 28, where he spoke to a corporate audience about the need to build consciousness and address these anti-Asian sentiments in a setting where conversations about diversity and inclusion are generally more constrained.

From the responses he has received from the discussions and panels, Chris has realized that Asian Americans yearn for a space to have these conversations about their histories and identities. The political and social culture that Asian Americans live in limits their opportunities to talk through experiences with discrimination, especially within a public sphere. Chris highlighted that many Asian Americans, given the current context of George Floyd’s murder and the greater Black Lives Matter protests, do not believe they should speak out about their own experiences of anti-Asian violence and harassment. There is no question that the Black community faces longer, systemic, and deadly forms of discrimination. But this does not mean that Asian Americans must be apologetic when talking about their own experiences with racism or stop having conversations addressing their own histories and identities. Rather, the APIA community can show solidarity with the Black community and recognize the experiences of African Americans, while also fighting against and raising awareness of anti-Asian sentiments. Both of these conversations can occur at the same time, as long as Asian Americans acknowledge the context and connection of their experiences to those of the Black community.

Finally, Chris stressed that the APIA community must never stop talking about their history and the prevalence of anti-Asian violence and harassment. Everyone has a different role to play in fighting discrimination and hatred against the APIA community: some may lead important conversations and movements, while others may financially contribute to community groups. Each individual must do “one more thing than what they’re doing already,” as their efforts may inspire others to do the same. When Asian Americans have discussions about their identities and histories, they raise greater consciousness of Asian American issues and contribute to ending these acts of anti-Asian violence and hatred.

We thank Chris Kwok for facilitating much-needed conversations within AABANY and the greater APIA community. Chris will be speaking on a panel for the 2020 Federal Bar Association Eastern District of New York Diversity Forum: The Impact of COVID-19 on Minority Communities on June 23, 2020. To register for this event, see https://www.aabany.org/events/event_details.asp?legacy=1&id=1386519.  For more information on the Issues Committee, see https://www.aabany.org/page/154.

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Department of Health Releases NY Foward Safety Plan Template in Chinese, Korean, and Bengali

On June 8, 2020, Phase 1 businesses, including agriculture, construction, manufacturing, retail, and wholesale trade, are permitted to reopen in NYC. The NYC Department of Consumer and Worker Protection (DCWP) has outlined the relevant sick leave laws for both employers and employees returning to work during this time. The City also offers various resources for those impacted by COVID-19: free COVID-19 testing, a COVID-19 Hotel Program for those who cannot isolate at home, free or low-cost health care, and NYC Well, a confidential 24/7 helpline.

The Department of Health has also released NY Forward Safety Plan Templates for businesses that are re-opening. The templates are available in English, Chinese, Korean, and Bengali.

The Department of Health recommends that employers conduct daily employee health screenings; provide workers with free face coverings; maintain hand hygiene stations; regularly clean shared equipment and frequently touched surfaces; and post signs and markers to show people where to stand.

To access the templates, see below.

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AABANY Co-Hosts Webinar on Employment, Labor, and Safety Issues Related to Returning to Work During COVID-19

On May 27, 2020, the Labor & Employment Law Committee of the Asian American Bar Association of New York (AABANY) co-sponsored an event with Littler and Alston & Bird–Silver-level sponsors of AABANY–addressing safety guidelines for returning to work during the pandemic. The presentation highlighted a variety of topics including re-opening guidelines for different industries, Paycheck Protection Program (PPP) loans, and various sick leave laws.

The webinar featured panelists Yoojin Deniro, Co-Chair of the Labor & Employment Committee of AABANY and Counsel at Advance Publications Inc., and William Ng, a Shareholder at Littler and founding Co-Chair of the Labor & Employment Law Committee. The event was moderated by William Lee, an Associate at Alston & Bird and AABANY member.

To begin, Yoojin Deniro explained that prior to re-opening, businesses must submit a Business Affirmation online and develop and post a Business Safety Plan, which must be retained on the premises and made available to the New York State Department of Health in the event of an inspection. The Business Safety Plan requires guidelines for physical distancing, protective measures (e.g.. providing face coverings to employees at no cost), hygiene and cleaning, communication, and health screenings. 

Next, William Ng discussed how individuals and businesses can make the most of PPP loans. The Paycheck Protection Program Flexibility Act, which is still pending before the Senate, is a bipartisan effort to fix problems with the PPP. If passed, the Act will allow forgiveness for expenses beyond the eight-week covered period; eliminate restrictions limiting non-payroll expenses to 25% of loan proceeds; remove limitations that constrain loan terms to two years; ensure full access to payroll tax deferment for businesses that take PPP loans; and extend the rehiring deadline to offset the effect of enhanced unemployment insurance.

In order to maintain a safe place to work, the panelists recommended that employers safely conduct temperature checks, which are permitted under the Americans with Disabilities Act’s (ADA) “direct threat” exemption. Temperature checks should be conducted by a trained and authorized individual with proper PPE, and symptomatic employees should be sent home in accordance with ADA confidentiality requirements. Employers are also urged to adopt other health screening protocols, including COVID-19 testing and creating health questionnaires. Moreover, employers must provide employees PPE at no cost, and offer necessary accommodations for employees with disabilities. Finally, individuals must continue to practice social distancing in the workplace and develop a comprehensive exposure control plan. Under the Occupational Safety and Health Act (OSHA) of 1970, any confirmed cases of COVID-19 or other illnesses and injuries must be recorded.

The panelists also reviewed various sick leave laws, including the Families First Coronavirus Response Act (FFCRA), which provides Emergency Paid Sick Leave (EPSL) and Emergency Family Medical Leave Act (FMLA) benefits for employees unable to work due to quarantine or isolation orders related to COVID-19. The FFCRA also offers exemptions for small businesses with fewer than 50 employees. New York State has also instituted Paid Family Leave, which grants paid leave for employees who must provide care for a minor dependent subject to a quarantine order. New York City offers Paid Safe and Sick Leave for employers whose business closed due to a public health emergency or who must care for a child whose school or child care provider closed due to a public health emergency. Lawmakers are also in the process of passing statewide New York Paid Sick Leave, which will apply to all employers and vary depending on the size and net income of the employer. Furthermore, in accordance with the ADA, employees can leave or request remote work if they engage in “cooperative dialogue” with their healthcare provider. Employer-specific policies also include Paid Time Off (PTO), sick leave, and personal or unpaid leave. 

We thank our colleagues at Alston & Bird and Littler for co-sponsoring and organizing this informative event with the Labor & Employment Law Committee of AABANY. We also thank the presenters, Yoojin Deniro and William Ng, and the moderator, William Lee, for their time. For more information on the Labor & Employment Law Committee, see https://www.aabany.org/page/398. If you are interested in volunteering with AABANY to assist with small businesses that have been adversely affected by COVID-19, please contact [email protected].

To watch a recording of the presentation, see the video above.

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MNAPABA and NAPABA Stand in Solidarity with the Black Community

The Minnesota National Asian Pacific American Bar Association (MNAPABA) and the National Asian Pacific American Bar Association (NAPABA) released the following statement on June 2, 2020:

“The events of the past few weeks—the deaths of George Floyd, Ahmaud Arbery, and Breonna Taylor, as well as numerous incidents of explicit bigotry, bias, and brutality—are nothing less than disturbing and heartbreaking. The Minnesota Asian Pacific American Bar Association (MNAPABA) and the National Asian Pacific American Bar Association (NAPABA) stand in solidarity with our Black neighbors in the Twin Cities and beyond.

We demand change. When there is an imbalance of power, our position as members of the Bar and our understanding of the rule of law makes it even more critical that we stand strong against any form of injustice. We recognize the generational failures of our government and criminal justice systems in protecting the Constitutional and human rights afforded to Blacks. 

We must address deeply rooted racism in our society. We must work to create trust and fairness in our legal system by addressing systemic bias in the law to safeguard civil rights, civil liberties, and justice for all individuals regardless of race, ethnicity, disability, gender, gender identity, sexual orientation, religious background, or immigration status.

MNAPABA and NAPABA stand in solidarity with the Minnesota Association of Black Lawyers (MABL) and the National Bar Association (NBA) as they seek justice and reform at a local and national level. We stand in unity with our affiliated Asian Pacific American bars and sister bar associations in speaking out against racism in all its forms.”

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AABANY Solo and Small Firm Practice Committee Presents Webinar on Standards of Civility in the Courtroom

On May 28, 2020, the Solo and Small Firm Practice Committee of the Asian American Bar Association of New York (AABANY) hosted a panel–“How to Woo Clients, Wow Judges, and Win Cases”–discussing professional conduct and standards of civility in the courtroom. The panel was also co-sponsored by the Litigation Committee and Judiciary Committee of AABANY.

The event, moderated by Bart Wu, Chair of the Solo and Small Firm Practice Committee of AABANY, featured panelists: Hon. Tanya R. Kennedy, Supreme Court Justice in New York County; Hon. Lizette L. Colon, Acting Supreme Court Justice in Kings County; and Hon. John Wang, a Housing Court Judge who is a fellow member of AABANY and currently running for Civil Court in District 1.

All panelists emphasized the importance of enforcing civil behavior in the courtroom. Judge Kennedy noted that engaging in civility allows litigators to work towards an effective resolution of the case and weed out unnecessary conduct that frustrates the case. Judge Wang added that standards of civility lift up the bar and the bench, and they help counteract negative perceptions that the public has about members of the bar–for example, that some attorneys are uncooperative.

Judge Colon warned panelists that when litigators engage in disrespectful behavior, they get a reputation for being rude and lackluster, not just to the judge, but also to the staff. Similarly, using condescending language, especially targeting an individual’s identity (for example, referring to a female court attorney as “young lady”), is unacceptable. Judge Wang also observed that courtrooms are now virtual due to COVID-19, and attorneys have difficulty adjusting to the new professional setting. They often sigh very loudly and make inappropriate facial expressions, and forget that they are still in a courtroom.

The judges advised attorneys, especially those who are inexperienced or younger, to study their case very well, research the judge and what they expect (such as reviewing the judge’s individual practice rules), and respect the authority of the court. Judge Colon suggested that attorneys get a summary sheet and review the basics of the case: what discovery is outstanding, if there are any motions, what the injuries or claims are, and what the policy is. Judge Kennedy encouraged panelists to ask their colleagues about what the judge is like in order to better understand the expectations of the judge. Judge Wang urged both seasoned and newer attorneys to respect humility and to not undermine the court’s authority by challenging the judge’s ruling in an unprofessional or inappropriate manner.

We thank the judges for their insightful comments and time, and Bart Wu and the Solo and Small Firm Practice Committee for organizing this event. This event fulfilled one hour of CLE credit in Ethics and Professionalism. For more information on the Committee, please see https://www.aabany.org/page/111.

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Asian American Federation Hosts Two-Part Series on Staying Safe During COVID-19 And Beyond

The Asian American Federation (AAF) will be hosting two safety trainings on how individuals can protect themselves and their communities during COVID-19.

On Friday, May 29, 2020, from 3 PM to 5 PM, AAF will be presenting on Using Nonviolent Communication During COVID-19.

On Thursday, June 4, 2020, from 3 PM to 5 PM, AAF will be exploring Using Conflict De-Escalation Strategies In Our Homes.

Register for these events at https://www.eventbrite.com/e/staying-safer-a-two-part-series-tickets-104770272706.

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Asian American Federation Hosts Community Upstander Training To Stop Anti-Asian Harassment

On Wednesday, May 27, 2020, from 1 PM to 3 PM, the Asian American Federation will be hosting an Upstander Training workshop to address the ways that xenophobia and scapegoating since the COVID-19 outbreak continue to rise, most consistently against Asian communities.

Through a presentation and interactive break-out groups, participants will explore opportunities and strategies to be “upstanders” during the current moment and help disrupt this wave of anti-Asian bias through safety interventions, de-escalation tactics, and calling-in strategies.

Register for this event at https://www.eventbrite.com/e/community-upstander-training-tickets-105204906708.

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AABANY Hosts Panel Addressing Anti-Asian Violence and Hate Arising From COVID-19 (Korean)

On Sunday, May 17, 2020, the Pro Bono & Community Service Committee of the Asian American Bar Association of New York (AABANY) hosted the Korean version of its webinar series, “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” The presentation addressed the increase in violent incidents against Asians in the community and included a discussion of the rights that victims and bystanders have when a racially motivated confrontation occurs, as well as what actions rise to the level of a prosecutable offense.

The webinar featured moderator, Sean Dong Min Rhee, a Northeastern University law student, as well as two panelists: Kings County Assistant District Attorney Stephanie Pak and Naomi Jeehee Yang, an Associate at Paul Weiss.

During the presentation, Stephanie Pak explained what actions would constitute a hate crime (P.L. §240.30) and aggravated assault (P.L. §485.05) as set forth in New York Penal Law. She also gave examples of actions that would rise to a criminal level so that community members would be able to recognize incidents which they should report to law enforcement agencies or their local District Attorney’s office. Furthermore, Stephanie emphasized that when Korean victims are called Chinese during an assault, this does not invalidate the action from being prosecuted as a hate crime but rather makes the issue ripe for prosecution.

The other panelist, Naomi Jeehee Yang, shared information on who to contact during or after these incidents, as well as a few helpful tips that can help prosecutors and law enforcement. She stressed the importance of recording an incident because the evidence is often a key component in successfully prosecuting assailants. If this is not an option, it is important to call 911, as phone calls to police are recorded and can also be used as evidence during a criminal trial. Most importantly, Naomi spoke on the significance of reporting these anti-Asian episodes. If incidents are reported there will consequently be a more accurate number of cases in which Asians are being victimized in the community. This, in turn, increases the visibility of this issue and will spur action by government officials and policymakers – bringing about legislation or resources that can be helpful to the Asian community.

Thank you to our panelists, the excellent attorneys at Paul Weiss for their pro bono assistance, and our volunteers at the Pro Bono Committee for planning and organizing our Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic webinars. We will have more community presentations on topics related to COVID-19 and its impact on the AAPI community this month. For more information on anti-Asian harassment and violence, email [email protected], call our hotline at 516-690-7724, and check out the resources that AABANY has compiled at https://www.aabany.org/page/covid19.

View the video of the webinar by clicking on the image above.

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AABANY Member Profile: Hon. John Z. Wang Runs for New York City Civil Court

https://www.instagram.com/judgewang4civilcourt/

Hon. John Z. Wang, a proud member of AABANY, has launched his own campaign to run for New York City Civil Court in the First Municipal Court District, which covers Battery Park, Chinatown, FiDi, Greenwich Village, Soho, Tribeca, and Two Bridges. An active contributor to the Judiciary Committee of AABANY, Judge Wang has organized panels on how to become an appointed and elected judge in hopes of encouraging more Asian American and Pacific Islander lawyers to pursue this path. Now, he hopes to make his community proud by becoming the first Asian American Civil Court Judge elected to the First District.

Judge Wang immigrated to the United States at five years old and grew up in a predominantly working-class Italian American neighborhood in Brooklyn. As one of very few Asian Americans in his community, he recognized the dangers of racism and bigotry and the importance of respecting other cultures and races.

The Judge has devoted his entire career to public service. After graduating from Vassar College and Brooklyn Law School, he received a six-month fellowship to work at Legal Services, where he advocated for claimants of unemployment insurance. Subsequently, he served as a court attorney in Brooklyn Family Court and the Bronx and Manhattan Civil Courts, and clerked for Hon. Anthony Cannataro, a New York State Supreme Court Justice and the Administrative Judge of the New York City Civil Court. Last year, Judge Wang was appointed as a Brooklyn Housing Court Judge. In all his years serving in New York’s courts, he has also contributed to policy-making by helping to restructure parts of the Manhattan Civil Court.

Now, Judge Wang hopes to serve as the first Asian American Civil Court Judge elected to the First Judicial District. Judge Wang views the Civil Court as the people’s court–it serves everyday people with real, working-class issues. He is moved by the stories and individuals that these small claims and credit card disputes represent, and hopes to do his part to deliver justice to everyday people.

Judge Wang also maintains a reputation for treating individuals that come before him with dignity, compassion, and fairness. As the only sitting judge in this contested race, Judge Wang understands the weight of making difficult decisions regarding people’s livelihoods.

AABANY’s Judiciary Committee vetted Judge Wang for his appointment to Housing Court in 2017 and found him highly qualified and well-suited for the role. The Committee noted that “[t]he advocates and judges that encounter Mr. Wang in the courthouse uniformly praise his intellect, work ethic and demeanor.” After more than two years on the bench, Committee Co-Chair Will Wang (no relation) observed: “It is somewhat uncommon for a relatively recent judge to have published the number of opinions Judge Wang has published. To me, this demonstrates both Judge Wang’s work ethic and overall writing ability.”

Judge Wang believes he faces a tough but winnable campaign. The COVID-19 pandemic has created serious challenges, including uncertainty in voter turnout and participation, but he hopes that his experience working in Civil Court will inspire individuals to volunteer and vote for him.

For more information on Judge Wang’s campaign, including how you can volunteer or support his candidacy, visit https://www.judgewang4civilcourt.com/ or email [email protected].

This member profile has been published for informational purposes only and does not constitute and should not be construed as a campaign endorsement.

https://www.instagram.com/judgewang4civilcourt/