Gale Branch, Author at WE Blog @ AABANY

April 10, 2023April 10, 2023

TAPABA and NAPABA Decry the Expulsion of Tennessee Legislators as Harmful for Democracy and Rule of Law

For Immediate Release:
Date: April 10, 2023

Contact: Priya Purandare, Executive Director

WASHINGTON – The Tennessee Asian Pacific American Bar Association (TAPABA) and the National Asian Pacific American Bar Association (NAPABA) jointly express grave concern for the abrogation of the rule of law and democracy in the wake of the unprecedented expulsion of two legislators, Justin Jones and Justin Pearson, from the Tennessee House of Representatives and the attempted expulsion of a third. As non-partisan bar associations, we are dedicated to ensuring representation of Asian Pacific Americans and other marginalized communities in the legal profession—including in the judiciary, legislature, and public sphere—and advancing the civil rights of our members and the communities they serve.

When duly elected representatives are dispossessed of their legislative seats, seemingly without adequate due process, their constituents are disenfranchised, and democracy suffers as a result. Expulsions should be rare, and consistent with longstanding precedent, should only follow criminal conviction or after thorough investigation by committee. We note that in the last 157 years, only two representatives have been expelled after allegations of criminal conduct and internal inquiries. The blatant, disparate treatment, even among the three legislators targeted for ouster, and the lack of due process cannot be ignored. TAPABA and NAPABA call on the Tennessee General Assembly to ensure that thorough, careful, and considered due process is always followed in such matters, and that leaders of the House and Senate be mindful that it is not individual legislators, but Tennessee’s districts, and more importantly, their constituents, who are most harmed when deprived of their representation. Tennesseans deserve better.

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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 APA 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.

The Tennessee Asian Pacific American Bar Association (TAPABA) was created on May 1, 2007, as a state-wide, non-profit association of Asian Pacific American attorneys, judges, law professors, law students and those interested in Asian American legal issues. TAPABA is an affiliate of NAPABA.

April 10, 2023April 10, 2023

AABANY IP Committee Hosts “Dumplings & Discussion” Fireside Chat on April 5th with Karen Won

On April 5, 2023, the IP Committee continued its “Dumplings & Discussion” fireside chat series. This time the committee was honored to have Karen Won, Partner at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., as the guest. Participants enjoyed pork and chive dumplings, chicken dumplings, Buddha dumplings, and many other items.

Karen was interviewed by the “Dumplings & Discussion” inaugural guest, Andy Yoo (Savvas Learning Company), and discussed her path to becoming a specialist in trademarks including in life sciences trademarks and drug naming matters. Karen shared many interesting facts about how pharmaceuticals are branded. Karen also talked about career development and work-life balance.

After the in-depth discussion and lively Q&A that followed, attendees continued to enjoy more dumplings and discussions with drinks during the networking reception.

Thanks to Fish & Richardson for being such gracious hosts.

Look out for the next IP Committee event. Click here to learn more about the IP Committee.

April 10, 2023April 10, 2023

AABANY Kicks Off 2024 Fiscal Year with Happy Hour

AABANY’s new fiscal year began on April 1, and on April 6, at Mercury Bar West, 659 Ninth Avenue, over 40 attendees came out for the Fiscal Year ’24 Kickoff Mixer! The event was led by the Membership Committee and co-hosted by the Asia Practice, Litigation, and Women’s Committees. Attorneys, consultants, and friends alike networked, mixed, and mingled over shared appetizers and drinks. New friends ended the night with karaoke.

Learn more about the Membership, Asia Practice, Litigation, and Women’s Committees.

We look forward to seeing everyone at our next event!

April 10, 2023April 10, 2023

AABANY’s LGBT Committee Presents Program on “Trans Rights: Transactional or Transformative” at Nixon Peabody

On March 22, the AABANY LGBT Committee held its annual Spring Educational program at Nixon Peabody consisting of a robust discussion about the current status of trans rights and the rise in anti-trans legislation over the last two years. Featured speakers were Cynthia Cheng-Wun Weaver, Litigation Director at the Human Rights Campaign Foundation, Howard Zelbo, Senior Counsel at Cleary Gottlieb Steen & Hamilton LLP, and Schuylar Bailer, the first trans NCAA D1 Men’s athlete. We thank AC Mariott for sponsoring Schuylar Bailer’s attendance.

The panelists discussed in detail the types of legislative attacks that the transgender community has been experiencing, the legal challenges facing those laws, and the legal landscape with respect to trans rights post Bostock v. Clayton County, Georgia.

We give an especially warm thank you to Nixon Peabody for sponsoring the event and to Gregory Hom from Nixon Peabody who served as the liaison.

To learn more about the LGBT Committee, click here.

April 3, 2023April 3, 2023

AABANY’s Anti-Asian Violence Task Force Organizes Court Watching Event for Sentencing of Jarrod Powell, Yao Pan Ma’s Killer

On March 31, AABANY’s Anti-Asian Violence Task Force, under the leadership of Chair Elaine Chiu, who is also a Professor at St. John’s University School of Law, organized and led a court watching event at New York State Supreme Court to observe the sentencing of Jarrod Powell, who pled guilty to manslaughter in the 2021 killing of Yao Pan Ma. Powell admitted that his act was motivated by racial hatred against Yao Pan Ma, and Powell was convicted of manslaughter as a hate crime. He will serve 22 years in jail plus five years of post-release supervision.

Prof. Chiu wrote on LinkedIn:

More than 50 Asian New Yorkers came out today to #rememberyaopanma at the sentencing of his killer, Jarrod Powell. Together we helped our communities be seen and heard and not forgotten. Congrats to the team at Manhattan District Attorney’s Office for their commitment to these cases. Asian American Bar Association of New York thanks @donblee and @waiyeechan of Homecrest Community Services and Ansen Tang of United Chinese Association of Brooklyn. A big shout out to @maywong of the Pro Bono Committee!

Jeffrey Gu, a member of AABANY’s Anti-Asian Violence Task Force, wrote on LinkedIn:

The raw necessity of just showing up has never been more evident. Over 50 Asian American community members showed up this morning to #rememberYaoPanMa at the sentencing of his killer.

It is not easy hearing victim impact statements and wondering whether, under different circumstances, it could have been your colleague, or friend, or family member viciously attacked on account of their race. The killer admitted in his plea that he targeted Mr. Ma because he was Asian American. There is no amount of justice that can restore what was taken from Mr. Ma’s family: the loss of a father taken from his children, a husband from his wife, a son from his elderly mother.

Thank you to the Asian American Bar Association of New York for organizing the gathering of support. Thank you to Elaine Chiu for inviting me onto AABANY’s Anti-Asian Violence Taskforce and for your diligent work in this space on behalf of victims. Thank you to the Manhattan District Attorney’s Office for working on these cases.

As a community, what we can do is at least show up and refuse to let the stories of the victims of anti-Asian American hate fade away. Follow Asian American Bar Association of New York for future court watching and community gatherings.

Jeffrey is Co-Founder of Make Us Visible, a group advocating for AAPI history to be taught in school from K-12 across the country.

Hannah Yu, Chief of the Hate Crimes Unit in the Manhattan District Attorney’s Office, wrote on LinkedIn:

While this sentencing is the end of this sad chapter, the work of our Hate Crimes Unit continues. We are dedicated to serving every community in Manhattan and ensuring that everyone feels safe to be who they are. It is my sincere hope that the Ma family will continue to heal and find peace.

Her post included the Manhattan District Attorney’s Press Release on the sentencing that included the following quote from D.A. Bragg:

“Mr. Ma’s death was the result of a despicable racially motivated attack. His family endured an agonizing eight months in the hospital while the devoted husband and father of two remained in a vegetative state, before succumbing to his injuries on December 31, 2021,” said District Attorney Bragg. “New York is one of the most diverse cities in the world, and no one should have to fear that they may be in danger because of their background. We will continue to work with our law enforcement partners to ensure that New Yorkers of all origins feel safe.”

AABANY thanks everyone who came out for this court watching event which epitomized the importance of the AAPI community showing up and standing up to speak out against AAPI hate. We thank Prof. Chiu for her leadership and Jeffrey Gu for his support and dedication. We thank Chief ADA Hannah Yu and the Manhattan DA’s office for their continuing fight to seek justice in hate crimes against the AAPI community and all targeted communities.

Support AABANY’s Anti-Asian Violence Task Force through our Turn the Tide (T3) Project. To learn more about the Task Force and its work, contact [email protected].

April 3, 2023April 3, 2023

Asian American Judges Association of New York (AAJANY) Statement Raising Concern about Newly Proposed Program Bill

March 30, 2023 – On behalf of the Asian American Judges Association of New York (AAJANY), we would first like to congratulate the seven candidates who have been nominated to fill the Chief Judge vacancy on the New York State Court of Appeals. Our state’s highest court is a Court for the people, inclusive of every race, ethnicity, gender, religion and more. Likewise, the process of selecting the six Associate Judges and Chief Judge that make up this Court must be thorough and all-inclusive. We wish to emphasize the importance of a fair and thoughtful selection process for any future Associate Judge appointment and express concern over the newly proposed Program Bill.

There has never been an Asian American judge on the Court of Appeals. To date, there have only been five Asian American judges on the Appellate Division, and only in the First and Second Departments. Since 1979, the Commission on Judicial Nomination has published 37 nomination lists for appointment to the Court of Appeals. An Asian American candidate did not appear on a list until the 25th vacancy in 2012. In the entire history of the Commission on Judicial Nomination, an Asian American has only appeared on the list on five occasions.

Jeh Johnson’s report on Equal Justice in the New York State Courts, dated October 1, 2020, highlighted the significant deficiencies in the representation and promotion of Asian American and Latino judges. There are no Asian American or Latino American candidates on the Commission’s current list for the Chief Judge vacancy. On Monday, March 27, 2023, new legislation was proposed which would significantly modify the well-established procedure for filling an Associate Judge vacancy on the Court of Appeals. Were the Governor to select a sitting Associate Judge from the Court of Appeals as the next Chief Judge, and then select from this same list of nominees to fill that vacancy, there will be no opportunity for the Governor to consider an Asian American for the Associate Judge position. In fact, there will be no opportunity for the Governor to consider any candidate of color. Diversity of candidates is paramount in the selection process of an Associate Judge to our highest court, and so we call for that process to be complete, fair, and inclusive of all.

March 20, 2023March 20, 2023

Bankruptcy Committee Convenes for an Evening in K-Town

Closing out the 2023 fiscal year, the Bankruptcy Committee met for dinner on March 15, 2023 in K-Town’s Nubiani located on the corner of 32nd Street and Fifth Avenue. Attendees included private sector practitioners, public sector professionals, in-house attorneys, and a current law student.

Committee members engaged in lively discussions about topical issues in restructuring, including the recent spate of crypto-related insolvencies. The Committee looks forward to more outings in the upcoming fiscal year which starts on April 1. To learn more about the Committee, click here.

March 20, 2023March 20, 2023

AABANY SOC & Bankruptcy Committee Present: What do Bankruptcy Lawyers Do?

On February 21, 2023, AABANY’s Student Outreach & Bankruptcy Committees hosted a virtual panel discussion to inform students about different career pathways for bankruptcy attorneys. The event ran from 6-7pm virtually on Zoom. The panel was moderated by Student Outreach Committee Co-Chairs Sharon Yang and Charlene Hong and featured the following panelists:

· Courina Yulisa (Dorsey & Whitney LLP)

· Patrick Chen (Morgan Stanley)

· Jacqueline Tran (Law Clerk to SDNY Bankruptcy Judge Sean H. Lane)

· Annie Wells (U.S. Trustee Program, Department of Justice)

Panelists discussed the difference between bankruptcy and restructuring and the unique characteristics of bankruptcy as a legal practice. In particular, the panelists highlighted how litigation and transactional skills overlap within a bankruptcy practice group at a firm. The discussion also covered the day-to-day of a bankruptcy law clerk, the various hats an in-house counsel must wear, and the role of a government attorney in the U.S. Trustee Program. The main takeaways included the importance of seeking various internships and opportunities to gain exposure to bankruptcy practice, and the value of networking with bankruptcy attorneys to understand their various roles.

AABANY thanks the Student Outreach and Bankruptcy Committees for organizing the event and all panelists, moderators, and students who attended. To learn more about the Student Outreach Committee, please click here. To learn more about the Commercial Bankruptcy and Restructuring Committee, please click here.

March 13, 2023March 13, 2023

NAPABA Applauds the Confirmation of Arun Subramanian to the U.S. District Court for the Southern District of New York

For Immediate Release:
Date: March 10, 2023

Contact: Priya Purandare, Executive Director

WASHINGTON – March 10 – On Wednesday, Arun Subramanian was confirmed to the U.S. District Court for the Southern District of New York. Subramanian is the first South Asian American to serve on the Southern District of New York.

“NAPABA congratulates Arun Subramanian on his historic confirmation,” said Sandra Leung, president of NAPABA. “A child of immigrants, Mr. Subramanian is the first lawyer in his family, and this week, he became the first South Asian American judge to serve on the Southern District of New York. Like his family, we are proud to see him represent us.”

“The Southern District of New York is one of the most influential and active federal trial courts in the U.S.,” said Priya Purandare, executive director of NAPABA. “In addition to overseeing America’s largest financial institutions, it is also the location of one of the largest populations of AAPIs in the nation. We urge the Senate to continue confirming candidates that are representative of our nation.”

Subramanian was a partner at Susman Godfrey LLP where he chaired the firm’s pro bono practice and focused on consumer protection, antitrust, commercial class actions, and contract and tort litigation. In 2021, Subramanian was appointed by Chief Justice John Roberts to serve on the Advisory Committee for the Federal Rules of Evidence. Subramanian clerked on the U.S. Supreme Court for Justice Ruth Bader Ginsburg, on the U.S. Court of Appeals for the Second Circuit for Judge Dennis Jacobs, and on the U.S. District Court for the Southern District of New York for Judge Gerald E. Lynch. He is a graduate of Columbia Law School and Case Western Reserve University.

NAPABA thanks President Biden for nominating Arun Subramanian and Senate Majority Leader Schumer and Senator Gillibrand for recommending and supporting his nomination.

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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 APA 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.

March 13, 2023March 13, 2023

NAPABA Opposes H.R. 734 and Discrimination Against Transgender Persons

For Immediate Release:
Date: March 9, 2023

Contact: Priya Purandare, Executive Director

WASHINGTON – March 9. The National Asian Pacific American Bar Association (NAPABA) opposes H.R. 734, recently introduced in the House of Representatives as the “Protection of Women and Girls in Sports Act of 2023,” which would effectively ban transgender and intersex girls and women from participating in school sporting activities that align with their gender identities.

NAPABA is proud that last month, its Board of Directors ratified a policy resolution sponsored by its LGBTQ+ Network, that affirms the civil, constitutional, and human rights of transgender and non-binary youths, including those within the AAPI community, and recognizes their rights to participate in school sports and to receive the social, educational, developmental, and physical and mental health benefits of athletic participation. NAPABA’s policy resolution also expressly opposes discriminatory legislation that prohibits transgender students from participating in school sports as violative of their rights under Title IX.

Transgender youth experience disproportionately higher instances of bullying, harassment, isolation, family rejection and suicide, and exclusion from the benefits of athletic participation should not be yet another risk they face. H.R. 734 is inconsistent with NAPABA’s values of equality, community, advocacy, relationships, diversity, equity, inclusion, open-mindedness, and the health and wellbeing of our members and the Asian American and Native Hawaiian and Pacific Islander communities, and the organization’s commitment to all underserved and underrepresented communities.