Author: Gale Alexander

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AABANY Co-Sponsors Program on Becoming an AUSA

On November 17, AABANY together with several other bar associations co-sponsored a program on “Becoming an AUSA,” hosted by Cleary Gottlieb at their New York office.

Joon Kim, former Acting United States Attorney of the Southern District of New York (SDNY) (and longtime AABANY member) gave opening remarks to welcome the standing room only crowd of more than 100 attendees. He reflected on his years serving with Preet Bharara and then succeeding him after his much-publicized termination during the prior Presidential administration. To this day, Joon remembers the gravity and weight of the words, “My name is Joon Kim, and I represent the United States” whenever he appeared before a judge or jury. The seriousness of representing the United States in numerous cases of public importance has never been lost on Joon. Now a Partner at Cleary, Joon was the first Asian American Acting United States Attorney in the Southern District, following Preet Bharara, who was the first Asian American United States Attorney in the Southern District.

Una Dean, former Assistant US Attorney in the Eastern District of New York (EDNY) and now in-house counsel at IBM, helped organize the program and moderated the opening panel with current United States Attorneys Damian Williams (SDNY) and Breon Peace (EDNY). Una was also a past AABANY Board member.

Both Breon and Damian spoke about their paths to the US Attorney’s office and their desire to work on matters that would have positive community impact. Both expressed the belief that the US Attorney’s office provides a unique opportunity to do just that. Breon talked about criminal investigations and prosecutions his office has been doing, including a case that helped prevent a potential terrorist attack at the US Open. His office prosecuted R. Kelly for human trafficking. They fight hate crimes and also work on affinity fraud cases which target vulnerable members from diverse ethnic and religious communities in New York. In criminal cases, his office actively seeks out alternatives to incarceration and diversion programs as ways to resolve criminal complaints, and also supports programs that facilitate re-entry into society for formerly incarcerated persons. On the civil side, EDNY pursues civil rights cases, fights housing discrimination and brings cases to protect the environment. His civil rights division has also been addressing claims about NYPD’s handling of sexual assault complaints from survivors.

Damian, after being trained at a prominent law firm, believed that, for his further development as a litigator and trial lawyer, the US Attorney’s office was the next logical step. Damian has served in the SDNY for a decade and spoke about his time at the SDNY with great passion and fondness, and his love for the work is palpable. “It is the best job in the world, and the best job I can ever hope to have,” he declared. Assistant US Attorneys fight bullies, he noted, and he relishes working in an environment where everyone is dedicated to doing the right thing, serving the public interest.

Una asked both Damian and Breon what qualities they look for in candidates for their offices. Damian answered that they are looking for good, decent, human beings – “no sharp elbows” – who are team oriented. In other words, they don’t want any jerks. (He used a stronger word, but you know what he means.) Candidates should be good writers who are smart, can think on their feet and exercise good judgment. They must have a strong moral compass, a sense of right and wrong, because so much authority is delegated to junior attorneys at his office, and they must be “doing the right thing, the right way – always.” Candidates need to have a tremendous amount of energy, because they will be working hard. If you are looking for a lifestyle change or money, Damian advised, working at the US Attorney’s Office may not be right for you.

Breon agreed with Damian and added that for him, any candidate that has a win-at-all-costs mentality raises a major red flag. He believes in doing justice, and that means at times, his office may have to decline cases or admit error. A candidate that rushes to judgment would not work out. He also looks for attorneys with the courage to tell investigators or judges that the evidence is not there to bring a case or to prosecute a defendant.

Una then talked about the reason why she put this program together, noting that during her time at EDNY, the composition of the office did not reflect the makeup of the community they served. Breon responded that “it is incredibly important that the [EDNY] is a reflection of the community.” He wants people of diverse backgrounds and experiences in his office to help solve problems, because “diversity is critical to getting the work done.” To promote diversity, EDNY has made changes to make hiring more diverse and inclusive, such as by making the process more transparent, has implemented a mentoring program for all new AUSAs and has sponsored trainings through the Diversity Committee.

Damian pointed out that he is the first African American US Attorney at SDNY and acknowledged that diversity is a challenge that needs to be addressed. He believes that outcomes are better when there are diverse views on the team. He also offered that the jury box will look like New York, so the government table should try to look like New York as well. Damian emphasized that politics has no role to play in the US Attorney’s office, no matter who the sitting President happens to be. He shared that Justice Sotomayor, at the start of her career was an Assistant District Attorney in Manhattan, and in a recent speech, she stated that she became a prosecutor because “it gave her the broadest option to do justice.” Damian agrees with that view.

Breon and Damian both closed by extolling the virtues of public service, particularly at the US Attorney’s office. Damian finds it hard to leave his desk each night because of all the great cases he gets to work on. “When I go home at night,” Breon declared, “I feel like I’ve done something good for the community.” 

After Damian and Breon spoke, the program shifted to a panel of attorneys of color from both SDNY and EDNY, in both criminal and civil divisions, moderated by former AUSA Maria Cruz Melendez, now a Partner at Skadden. The panel included:

·      Sagar Ravi, Assistant U.S. Attorney & Co-Chief, Complex Frauds & Cybercrime Unit, SDNY

·     Rebecca Tinio, Assistant U.S. Attorney & Co-Chief, Civil Frauds Unit, SDNY

·      Hiral Mehta, Assistant U.S. Attorney & Deputy Chief, Business and Securities Fraud Section, EDNY

·      Marietou Diouf, Assistant U.S. Attorney, International Narcotics and Money Laundering Section, EDNY

·      Camille Fletcher, Assistant U.S. Attorney, Narcotics Unit, SDNY

·      Dara Olds, Assistant U.S. Attorney, Civil Division, EDNY

·      Ivory Bishop, Assistant U.S. Attorney, General Crimes, EDNY

All the panelists echoed the passion of Damian and Breon in their love of their work and the weight accorded to representing the United States in court on important cases of great public interest, in both criminal and civil matters.

Hiral Mehta (EDNY) spoke about the proactive nature of the office and the flat structure. There is no hierarchy, and everyone’s input is sought. Ivory Bishop (SDNY) talked about getting to work on all types of cases, from street crimes to public corruption.

Rebecca Tinio (SDNY) mentioned that her cases were great for training, because they go to trial. Her unit works on high stakes cases, such as the tax and bankruptcy case involving Purdue Pharma, the anti-kickback cases involving Novartis, and groundbreaking cases involving the Clean Air Act.

Maria asked the panel what role diversity plays in the cases that the offices see. The panelists gave examples from cases they worked on, in which their own diverse backgrounds and experiences allowed them to connect with and relate to the witnesses in the case, ultimately leading to successful outcomes.

Maria asked the panel to address the hiring process. Dara Olds (EDNY) stated that her office has separate criminal and civil tracks. Rebecca (SDNY) explained that her office has one unified process for all applicants. Both offices have initial interviews, some conducted by those on the panel. Both offices request writing samples, which are reviewed to determine whether a candidate will advance. If the candidate gets through the first round, they are interviewed by more senior AUSAs, including section chiefs. The final round would involve the US Attorney and their executive staff.

Sagar Ravi (SDNY) stated that they are always accepting applications, and Hiral (EDNY) confirmed the same for his office, except during times when a hiring freeze is in place. Currently, there is none so right now “the doors are open.”

What if an applicant thinks that they do not have the right credentials to apply? Dara (EDNY) noted that the US Attorney’s office does not accept applicants straight from law school and encouraged everyone who has obtained several years of experience to apply, regardless of whether they are applying from a large firm or if they had clerked for a judge. Camille Fletcher (SDNY) advised that even if you don’t get called for an interview the first time, you should try again.

After the panels were done, all the attendees stayed for a reception with food and drinks generously provided by Cleary. Many of the panelists stayed to speak directly with the panelists and ask the questions they were not able to during the main program. The room was buzzing with lively conversations among prosecutors, attorneys, and law students in attendance.

Much thanks and appreciation go to all the speakers and moderators for the evening. Thanks to Una Dean for spearheading the event, to Cleary for being such a gracious host, and to all the co-sponsors:

·      Amistad Long Island Black Bar Association

·      Caribbean Attorneys Network

·      Dominican Bar Association

·      Hispanic National Bar Association – Region II

·      Korean American Lawyers Association of Greater
New York

·      Metropolitan Black Bar Association

·      Muslim Bar Association of New York

·      New York City Bar Association

·      National Black Prosecutors Association

·      South Asian Bar Association of New York

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    AABANY Descends on Las Vegas for the NAPABA Convention

    From Nov. 3 through 6, NAPABA held its National Convention in Las Vegas at the Cosmopolitan, for three days of programming, meetings, plenary sessions and the 34th anniversary Gala capping things off on Saturday night.

    AABANY members and friends once again came out in large numbers, with nearly 100 people signed up for AABANY’s WhatsApp group, organized by Co-VP of Programs and Operations Beatrice Leong. The group’s members updated each other on programs they planned to attend, made lunch and dinner plans, and connected with each other about various receptions, parties and events around Las Vegas.

    Many bonds were made and strengthened among AABANY attendees over the course of the Convention, and many new connections were made with the approximately 2800 registered attendees from around the country.

    We congratulate all the awardees and honorees recognized at the Convention, with special shout-outs to the following AABANY honorees:

    • Kathy Hirata Chin, Daniel K. Inouye Trailblazer Award
    • Jeffrey Mok, Best Under 40
    • Christina Lee, Partners Network In-House Counsel Network Diversity Leadership Award

    We also congratulate AABANY Platinum Sponsor Allen & Overy on receiving the Law Firm Diversity Award.

    The AABANY Trial Reenactment Team presented its latest production, “From ‘Tokyo Rose’ to the ‘China Initiative’: Espionage and AAPIs” on Friday afternoon, Nov. 4, to a capacity audience. We were privileged to be joined by Brian Sun, attorney for Wen Ho Lee, who shared his personal recollections from that landmark case in which a Chinese-American scientist was wrongly accused by the US government of divulging US nuclear secrets to China.

    Many AABANY members and leaders spoke on several programs throughout the Convention. If you are among them, thank you for sharing your knowledge and expertise. Please send us your photos and, if possible, a short recap about your program. You can send it to [email protected].

    Congratulations to Sandra Leung, NAPABA’s new President, and Anna Mercado Clark, NAPABA’s new President-Elect. Both were sworn in by the Hon. Denny Chin, together with the entire NAPABA Board, during Saturday night’s Gala.

    Thanks to NAPABA for putting on a great Convention, which included many first-time attendees. By all accounts, everyone had a wonderful time, learned a lot, forged new connections and renewed existing ones. We look forward to more great things to come in the next year!

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    NAPABA Announces 2022 President’s Award Winners

    WASHINGTON – October 4, 2022. The National Asian Pacific American Bar Association (NAPABA) is proud to announce that the 2022 NAPABA President’s Award will be presented to two groundbreaking organizations that have made a true impact toward the betterment of Asian Americans, Native Hawaiians, and Pacific Islanders (AA & NH/PIs) during a period of great upheaval for these communities. This year’s recipients are: The Asian American Foundation (TAAF) and the Asian & Pacific Islander American Health Forum (APIAHF).

    The NAPABA President’s Award is given annually to individuals or entities who demonstrate an exceptional commitment to the Asian Pacific American community.

    “NAPABA is proud of our partnerships with these two remarkable organizations,” said Acting NAPABA President A.B. Cruz III. “The twin pandemics of COVID-19 and the resulting wave of anti-Asian hate have created unprecedented challenges for AA & NH/PIs. Both TAAF and APIAHF have responded by creating the desperately needed infrastructure to empower communities to meet these challenges head-on.”

    TAAF was established to close the vast AA & NH/PI philanthropic and influence gap in the United States—despite being the fastest growing population in the country, only 0.20% of foundation grantmaking and less than 1% of corporate giving is directly targeted toward AA & NH/PI communities. Founded at the height of the pandemic and anti-Asian hate wave, TAAF has made the largest philanthropic commitment in history focused specifically on AA & NH/PI communities, with particular emphasis on combating anti-Asian hate, education, and narrative change, all areas of priority for NAPABA. Since its launch, TAAF has committed millions in order to develop a strategic response to anti-Asian hate, producing critical resources such as its Rapid Response Toolkit, and building infrastructure through AAPI Action Centers across the country. NAPABA serves as one of TAAF’s National Network partners in the ongoing effort to combat anti-Asian hate.

    APIAHF is the oldest and largest health policy advocacy organization working with AA & NH/PI communities across the nation, in the US Territories, and with the US-affiliated Pacific jurisdictions. In partnership with the Center for Disease Control and Prevention and over 30 national and community AA & NH/PI organizations—including NAPABA—APIAHF launched the National AA & NH/PI Health Response Partnership, a community-centered model that provides on-the-ground public health resources and assistance across the nation. The largest outreach and educational campaign ever conducted for the AA & NH/PI community, APIAHF and its partners provided linguistically tailored and culturally sensitive outreach and educational materials to increase COVID-19 vaccinations. In addressing the “dual pandemic,” NAPABA and APIAHF partnered together to develop a ground-breaking collection of Combat Hate Crimes Toolkits translated into 25 different Asian and NH/PI languages—the largest compilation of its kind. The two organizations also co-developed fact cards for those who may be unsure of their rights to a COVID-19 vaccination. Translated into 26 different Asian and NH/PI languages, this resource educates community members on the benefits of getting vaccinated and encourages them to receive their free COVID-19 vaccinations regardless of immigration status, health insurance coverage, and/or Social Security identification.

    NAPABA congratulates TAAF and the APIAHF as this year’s honorees and will bestow the prestigious award on Friday, November 5 at the Cosmopolitan Las Vegas during the 2022 NAPABA Convention.

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    AABANY IP Committee Hosts Dinner at Dim Sum Palace

    The AABANY IP Committee gathered once again for a night of authentic Cantonese Chinese soul food at Dim Sum Palace on Wednesday, September 14. We started off with the traditional and all-favorite Peking Duck, which was served in small pieces wrapped in pillow-soft buns with cucumber and scallion, moved on to Deep-Fried Shrimp and Scallop, Beef Chow Fun and Shanghai Fried Rice, among other dishes, and finished off with the perfect dessert: Sweet Egg Yolk Creamy Bun.


    With the seemingly endless stream of soul food spinning around on the Lazy Susans, the IP Committee welcomed a wide range of folks in the legal community: law students with a background in the medical and pharmaceutical industries, law firm associates with an expertise in IP litigation and in-house counsel practicing entertainment and media law, to name a few. As always, long-time members and familiar faces of the IP Committee gave a warm welcome to first-time attendees to discuss career trajectories, different environments of law firms and in-house roles and more. This event was the first dinner held since late July, and it was certainly worth the wait!


    The AABANY IP Committee always welcomes first-time attendees and familiar faces alike. If you are interested in joining us for our next event, whether it be a movie showing, musical performance or dinner gathering, please join the IP Committee’s mailing list by contacting [email protected], and also keep an eye out for IP Committee events on AABANY’s Calendar page. To learn more about the AABANY IP Committee, take a couple minutes to look over our committee’s subpage on AABANY’s website.

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    NAPABA Board of Governors Election – Meet the Candidates Town Hall

    Friday, September 23 at 1 PM PT/4 PM ET

    To engage NAPABA members in the Board of Governors elections process, the NAPABA Elections and Nominations Subcommittee is pleased to provide you the opportunity to meet the 2022-23 NAPABA Officer and Director candidates in a moderated discussion.

    In advance of the virtual Town Hall, NAPABA is soliciting questions from our membership. Please submit your questions for our candidates here no later than Wednesday, September 21, at 5 pm ET. 


    Candidate for President-Elect
    Anna Mercado Clark
    Candidate for Treasurer
    Annette Kwok

    Candidate for Secretary
    Kristin Haugen
    Candidate for Director
    Angela Lim

    In preparation of the exercise of your right to vote, we encourage you to take the time to consider the vision each candidate has for NAPABA and the diverse perspectives across the Board as a whole. We believe that the active participation of our membership is essential to a vibrant and diverse organization. NAPABA continues to accept endorsements for each candidate. Visit our website to view candidate statements and to submit an endorsement by Monday, September 26, at 8 pm ET.  

    Register here.

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    NAPABA Launches New Anti-Bullying Resources for Lawyers & Families

    COVID-19 has put a spotlight on the mental health concerns of children and the epidemic of bullying impacting K-12 students across the country. As attorneys, NAPABA members are often asked to serve as a resource for those in need. 
     
    ANTI-BULLYING RESOURCE GUIDE
    For lawyers, we have created a guide on responding to acts of bullying and harassment in K-12 schools. This guide and accompanying CLE webinar will provide you with model responses and a guide to working with impacted families. We thank our partners at the American Arbitration Association/International Centre for Dispute Resolution Foundation (AAA/ICDR Foundation) for their support of this project. We thank the Asian Pacific American Bar Association of Pennsylvania, the Asian American Psychological Association, Act to Change, and the Sikh Coalition for offering their resources and guidance. 

    Download the Guide here.

    IN-LANGUAGE ANTI-BULLYING POSTERS
    For students and families, we have created a multilingual poster on how to recognize and navigate the impacts of bullying. You can share this resource in your local community, with impacted families and students, and clients. This project was created in partnership with the Asian Pacific Islander Health Forum (APIAHF).  

    Download the Toolkit here.

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    NAPABA Applauds the Confirmation of Judge John Z. Lee to the United States Court of Appeals for the Seventh Circuit


    WASHINGTON –     Today, [Sept. 7], the U.S. Senate confirmed Judge John Z. Lee to the United States Court of Appeals for the Seventh Circuit. Judge Lee is the first Asian American appellate judge to serve on the Seventh Circuit. 

    “NAPABA congratulates Judge Lee on his historic confirmation to the United States Court of Appeals for the Seventh Circuit,” said A. B. Cruz III, acting president of NAPABA. “Judge Lee is an experienced jurist with a decade of experience as a U.S. District Court Judge for the Northern District of Illinois. Moreover, Judge Lee’s story, the son of a coal miner and a nurse who immigrated to the United States when he was only five years old, resonates with many in our community.”

    Judge Lee is an active member in the AAPI legal community, serving as a former Board Member of the Asian American Bar Association of the Greater Chicago Area (AABA Chicago) and continues to be active with both AABA Chicago and NAPABA. He was the President of the Board of Directors for the Coordinated Advice and Referral Program for Legal Services (CARPLS), a co-founder of the Willow Creek Legal Aid Clinic in Hoffman Estates (a joint program between CARPLS and Willow Creek Church), and the President of the Board of Directors of Asian Human Services. 

    In addition to his service as a U.S. District Court Judge for the Northern District of Illinois since 2012, Judge Lee worked in private practice and as a trial attorney in the Environmental and Natural Resources Division of the U.S. Department of Justice. He is a graduate of Harvard Law School and Harvard College.

    NAPABA thanks President Biden for nominating Judge Lee and Senator Durbin and Senator Duckworth 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.
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    NAPABA Applauds the Nomination of Arun Subramanian to the United States District Court for the Southern District of New York


    WASHINGTON –     Today, [Sept. 2], President Joe Biden nominated Arun Subramanian to the U.S. District Court for the Southern District of New York. If confirmed, Subramanian would be the first South Asian American judge on the Southern District of New York.

    “NAPABA congratulates Arun Subramanian on his nomination,” said A.B. Cruz III, acting president of NAPABA. “Mr. Subramanian is an experienced trial and appellate attorney with a strong track record of pro bono service. A child of immigrants, he became the first lawyer in his family, and we are proud to see him represent our community. We urge the Senate to swiftly confirm him.”

    Subramanian is a partner at Susman Godfrey LLP where he chairs the firm’s pro bono practice and focuses 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.