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AABANY Tax Committee Quarterly Meeting

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On October 9, 2018, the AABANY Tax Committee held its quarterly meeting and dinner at the offices of Ashurst LLP, in order to discuss the Wayfair Supreme Court decision and other state and local tax issues.  Presenters Jessika Wong, of Grant Thornton LLP, and Rebecca Midori Balinskas, of Morrison & Foerster LLP, led a lively and informative discussion about the new landscape for sales taxes, particularly the issues for law firms and other service providers when they provide services to residents of other states.  The discussion addressed the lack of foreign treaty protection for state sales and income taxes, which may be imposed on Asia-based foreign businesses that sell products online to U.S. residents.  The group also discussed various questions related to the effects of the 2017 federal tax reform on state income taxation, such as whether state taxable income includes GILTI.  Special thanks to Sharon Kim, partner at Ashurst LLP, for hosting the event. 

To learn more about the Tax Committee and to contact the Committee Co-Chairs click here.

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NAPABA Congratulates APA Nominees to the Second and Ninth Circuits

On Wednesday, President Trump announced his intent to nominate three Asian Pacific Americans to serve on the U.S. Courts of Appeals. Michael H. Park was nominated to serve as a judge on the Second Circuit. Patrick J. Bumatay and Kenneth K. Lee were nominated to serve as judges on the Ninth Circuit. If they are confirmed, the number of active Asian Pacific American federal appellate court judges would increase to a historic ten. Six Asian Pacific Americans have been nominated to the U.S. Court of Appeals this year, which is the highest number to ever have been nominated to federal appellate courts during a single presidential term. This is also the first time that three Asian Pacific Americans have been nominated to federal appellate court judgeships in a single day.

Michael H. Park is a partner at Consovoy McCarthy Park, where he focuses on litigation and securities enforcement. He has experience in both private practice and government, including in the Office of Legal Counsel at the Department of Justice. He clerked for then-Judge Samuel Alito on the U.S. Court of Appeals for the Third Circuit, and later clerked for Justice Alito on the Supreme Court of the United States. He is a graduate of Princeton University and Yale Law School. If confirmed, Park would be the second Asian Pacific American to serve on the Second Circuit.

Patrick J. Bumatay is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California. He is currently on detail to the Office of the Attorney General in the Department of Justice. Bumatay has held numerous positions in public service throughout the Department of Justice. He clerked for Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York. He is a graduate of Yale University and Harvard Law School. He is an active member of NAPABA, its affiliated bar—the National Filipino American Lawyers Association—and the Tom Homann LGBT Law Association. If confirmed, Bumatay would be the first Filipino American to serve as an Article III federal appellate judge.

Kenneth Kiyul Lee is a partner at Jenner & Block LLP, where his practice focuses on internal investigations and appellate litigation before multiple U.S. Courts of Appeals. He is also member of the firm’s Diversity & Inclusion Committee and maintains a robust pro bono practice. Lee has worked in private practice and as Associate Counsel to President George W. Bush. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit. He is a graduate of Cornell University and Harvard Law School. If confirmed, Lee would join Judge Jacqueline Nguyen, the only other active Asian Pacific American judge on the Ninth Circuit.

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NAPABA Opposes Plan to Redefine “Public Charge” and Limit Legal Immigration

The National Asian Pacific American Bar Association (NAPABA) opposes the proposed changes to “public charge” published Wednesday by the Department of Homeland Security (DHS). We urge our members and affiliated bar associations to join NAPABA in submitting public comments opposing the proposed policy.

Public charge policy has roots in long-time efforts to limit the admission of ‘undesirable immigrants,’ such as Chinese in the 19th century. The proposed rule would re-define a public charge as an immigrant who would be likely to receive government benefits from an expanded list of programs, including nutrition and housing assistance programs for children. The proposed rule will make it easier to designate an applicant as a public charge, and deny their admission to the United States or reject their permanent resident application. DHS also proposes stricter guidance for weighing certain factors when reviewing visa applications, such as age, income, health, English proficiency, and employability. NAPABA is greatly concerned with how these changes will negatively impact Asian and Pacific Islander immigrants, working families, and children’s health.

The proposal has already had a chilling effect on Asian Pacific American communities. Due to reports of these proposed changes, some immigrant families—including those with eligible U.S. citizen members—have unenrolled from important public services for which they qualify. If implemented, the new public charge rules would undermine the safety, health, and security of immigrant families by denying them the support historically provided to new Americans. Asian Pacific American communities will be particularly hard hit, as over 31% of new green card recipients are from Asian and Pacific Island nations and as there is significant variation in average income amongst Asian ethnic groups.

Take charge by submitting a comment on the proposed rule before the DHS proceeds with its final rulemaking by the deadline, December 10, 2018. NAPABA will be submitting comments as an organization, but individuals are encouraged to submit unique comments here. To see available resources, please click here. For more information, contact Oriene Shin, NAPABA Policy Counsel, at 202-775-9555 or [email protected].

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CUP Fellows Program Applications Open Now

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The CUP Fellows Program is a transformative, one-year leadership development experience for early-to-mid career professionals of color across industries, who are deeply committed to supporting their communities through impactful contributions to the nonprofit and public sectors. All purpose-driven professionals of color are encouraged to apply.

ELIGIBILITY REQUIREMENTS

  • Professionals of color across all industries and sectors with 5-10 years of professional work experience.
  • Applicants must be employed full-time in the New York tristate area at the time of application and must plan to remain employed throughout the fellowship. Internships and part-time positions do not meet this requirement.
  • Applicants must not participate in another significant program at the same time as the CUP Fellows Program, which runs from February 2019 through December 2019.
  • Applicants must commit to attending the monthly workshops.

Click here to apply. Please complete the application submission instructions by November 11, 2018. Essay and Statement of Intent should not exceed 500 words. Only complete applications will be considered for the program. Incomplete or late applications will be ineligible. Please note the following guidelines.

  • Resume should be 1-2 pages long, and not exceed 2 pages. Include experience demonstrating your commitment to public service.
  • Statement of Intent should describe how you intend on contributing to your community in the short and long term and how the CUP Fellows Program will help you achieve your aspirations. 
  • Essay should describe a specific activity or organization in which you were directly involved as a leader. What challenges did you face, how did you resolve them, and what did you learn about yourself in the process? 
  • Letter of Recommendation should speak to your personal and professional accomplishments, civic engagement, and commitment to community. Must be 1 page and submitted with your application.
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Volunteers Needed for AALDEF’s Election Protection Program

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The Asian American Legal Defense and Education Fund is in need of volunteers to survey Asian American voters and protect their vote. In past elections, Asian Americans have faced a series of barriers in exercising their right to vote. For example, poll workers were hostile and made racist remarks, poll sites had too few interpreters to assist Asian American voters, translated voting materials were missing or hidden from voters, and ballots were mistranslated listing Democratic candidates as Republicans, and vice versa. When the news media reported on election results and the vote by specific groups, Asian Americans were often overlooked. 

Since 1988, AALDEF has conducted exit polls of Asian American voters and monitored polls in every major election. Help us continue to resolve these issues at the polls by taking part in AALDEF’s 2018 Asian American Election Protection Program. On Election Day, November 6th, volunteers will document voter problems and the availability of language assistance. They will also conduct a nonpartisan multilingual exit poll to get a snapshot of Asian American candidate preferences, party enrollment, and issues of significance to Asian American voters.  

To read AALDEF’s report on the Asian American Vote, click here. Click here to sign up to volunteer. Attendance at one training session is required for all volunteers. All volunteers must be non-partisan and work a 3-hour shift. CLE trainings are 90 minutes, and attorneys can receive 1.5 CLE credits including 0.5 ethics credit. AABANY is the CLE provider for the New York training sessions. If you have volunteered in the past, you do not have to attend another training, but you must register to volunteer again. 

For more information, contact AALDEF Democracy Program Director Jerry Vattamala or Voting Rights Organizer Judy Lei at 800-966-5946 or [email protected].

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Fall Harvest Moon Festival Networking Event

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On September 26, 2018, AABANY’s Real Estate and Solo & Small Firm Practice Committees, with KALAGNY, Citrin Cooperman and HSBC, hosted a Fall Harvest Moon Festival Networking Event. Over 60 people attended the event at Citrin Cooperman’s Fifth Avenue headquarters. AABANY leadership in attendance included Margaret Ling, AABANY Development Director and Co-Chair of AABANY’s Real Estate Committee; Cary Chan, AABANY Co-Chair of Real Estate and Solo & Small Firm Practice Committee; Poonam Gupta, AABANY Immigration Committee Co-Chair; Beatrice Leong, AABANY Government Service and Public Interest Committee Co-Chair; and Vincent Chang, Former AABANY President. VIP Guests included Bridgette Ahn, President of the Network of Bar Leaders; George Xu, President of New Century Development; and Wellington Chan, Executive Director of Chinatown Partnership. Many thanks to our sponsors Ben Liu, CPA, Director at Citrin Cooperman, and David Lau, Retail Business Banking Relationship Manager at HSBC Bank. Everyone enjoyed the networking and the buffet, which included moon cakes to celebrate the Mid-Autumn Festival.

Above: Citrin Cooperman Team and Margaret Ling

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Left to Right: Bridgette Ahn, George Xu, David Lau,Margaret Ling, Ben Liu

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Left to Right: Ben Liu, George Xu, Patrick Yu, Wellington Chan, Margaret Ling, David Fesser

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Left to Right: Jane Chen, Jang Lee, Margaret Ling, Cary Chan

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Stay Tuned with Preet Live

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Preet Bharara, former U.S. Attorney who fought corruption, financial fraud and violent crime, takes his NPR radio show Stay Tuned with Preet on the road this fall. Past episodes have covered topics such as the Kavanaugh hearings, leaks from the West Wing, and the silence of Congressional Republicans. Join Preet in NY on 10/25 with New Yorker staff writer and CNN analyst, Jeff Toobin. Next stop is a conversation with Meet the Press host Chuck Todd in Washington, DC on 11/15. Preet’s last show of the fall will be in Los Angeles with Oscar nominated writer and actor Kumail Nanjiani on 11/29. Come to one–or all! To get more details and purchase tickets, please visit Cafe’s website here. Listen to his previous podcasts here. 

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Volunteer for Thomas Tang Northeast Regional Moot Court Competition

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The National Asian Pacific American Bar Association Law Foundation presents its 2018 Thomas Tang Northeast Regional Moot Court Competition, and is in need of volunteers. This competition provides a unique and memorable experience for student appellate advocates. The event allows law students to showcase their writing and oral advocacy skills, and also to compete for scholarships totaling $10,000. In summary, this year’s problem is on whether a state university has the right to impose disciplinary sanctions on a student for non-curricular expressive conduct, and if it may expel a law student for off-campus expressive activity. For more information on this year’s problem, click here. 

The event will be held on Friday, October 19, 2018, from 9:00 A.M. to 5:00 P.M. at the United States Court of International Trade, One Federal Plaza, New York, New York. NAPABA seeks volunteers for grading briefs and for day-of. Brief graders will review and score briefs submitted by the student teams before the competition, and the time commitment is flexible. Day-of volunteers are welcome to assist for either part of the event or the entire day, and will serve as bailiffs or judges for the oral argument rounds. For a complete schedule of the day’s events, click here. If you are interested in volunteering, please contact Zoe Wong, the Northeast Regional Coordinator, at T[email protected]. For more information, please visit NAPABA’s website here. 

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NAPABA 2018-2019 Elections: Cast your vote by Oct. 9

The National Asian Pacific American Bar Association (NAPABA) is holding its 2018-2019 Board of Governors election. The NAPABA Board of Governors makes the organization’s policies for the given year, and consists of nine officers, ten regional governors, and four appointed At-Large Board Members. The responsibilities of board members include, but are not limited to, supporting NAPABA’s mission statement, endorsing NAPABA events and programs, securing financial supporters, and demonstrating the highest standards of integrity and decorum. For a full list of governor responsibilities, click here. With these responsibilities in mind, AABANY endorses the following candidates (whose statements, biographies, and endorsements can be found by clicking their name): 

Bonnie Lee Wolf, President-Elect 
Alen Hsu, Vice President for Membership

Charles Jung, Vice President for Programs and Operations

Avanti Bakane, Vice President for Communications

Gary Zhao, Treasurer

Jeffrey Javinar, Secretary 

AABANY members who joined or renewed their NAPABA membership by July 1, 2018, are eligible to vote. Ballots have been delivered by email, and must be cast on or before Tuesday, Oct. 9, 2018. If you have any questions, you may contact the NAPABA Nominating & Elections Committee Chair George Chen, [email protected], or NAPABA Executive Director Tina Matsuoka, [email protected]. For general inquiries, please contact [email protected]. 

More information on elections can be found here, and the elections schedule has been reproduced below: 

Oct. 9 | Votes must be cast by 9 p.m. EDT/6 p.m. PDT on this date in order to be counted. Questions or concerns about voting and elections may be directed to [email protected].*

*Staff will be available to assist you throughout the voting period until 5 p.m. EDT/2 p.m. PDT on Oct. 9, 2018, which is several hours before the voting period closes. If you have questions or anticipate a need for assistance, please plan accordingly and contact us in advance of the deadline. No one will be able to assist you during the last few hours of voting.
Oct. 11 | Election results will be announced to the membership.

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Congratulations to Hon. Randall Eng, Recipient of the OCA-NY Lifetime Achievement Award

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The Hon. Randall Eng (Ret.), New York state’s first Asian American Presiding Justice, was honored with the OCA-NY Lifetime Achievement Award on Friday, September 28, at OCA-NY’s 42nd Annual Community Service & Leadership Awards Gala. Justice Eng has dedicated himself to public service for over three decades in a variety of positions. He served as the first Asian American Assistant District Attorney in his hometown of Queens County (1973-1980), the Deputy Inspector General of New York City (1980-1981), and also the Inspector General of New York City (1981-1983). In 2016, Judge Eng was awarded NAPABA’s highest honor, the Daniel K. Inouye Trailblazer Award, and in 2017, he received AABANY’s Norman Lau Kee Trailblazer Award. The OCA-NY Lifetime Achievement Award is yet another well-earned recognition of both his contributions to New York State and the Asian American attorney community. Please join AABANY in congratulating Justice Eng on this well-deserved award and honor.