Fall Conference 2020: Allyship and Black Lives Matter—Racism, Bias, and Xenophobia in Our Communities

On September 26, 2020, as part of AABANY’s 11th Annual Fall Conference, the AABANY Real Estate Committee and Issues Committee hosted a plenary session on the ongoing racial reckoning following the death of George Floyd and the rise in xenophobia against Asian Americans since the beginning of the pandemic. The panel included:  

  • Margaret T. Ling, Development Director and Real Estate Committee Co-Chair at AABANY and Senior Counsel at Big Apple Abstract Corp. (Moderator)
  • Letitia James, 67th Attorney General for the State of New York
  • Rahul Agarwal, Executive Assistant United States Attorney at the United States Attorney’s Office for the District of New Jersey
  • Paula T. Edgar, Attorney, CEO of PGE LLC, and Partner of Inclusion Strategy Solutions LLC
  • Chris Kwok, Co-Chair of the Issues Committee and Asia Practice Committee at AABANY and a mediator and arbitrator with JAMS
  • Carmelyn P. Malalis, Chair and Commissioner of the New York City Commission on Human Rights

The esteemed panel discussed their experience addressing the issues of racism, bias, and xenophobia in their different capacities as government officials, bar association leaders, and diversity and inclusion specialists, especially in the context of the ongoing pandemic. As the opening speaker, Paula Edgar provided an informative presentation on systemic racism, the varying responses of Corporate America, and the importance for companies and law firms to invest in resources for diversity training as part of an urgent call to incorporate actionable plans into their missions for equity and inclusion. More importantly, allyship transcends performative activism, or surface-level activism, on social media and demands a sustained and active approach to listen to the experiences of marginalized communities, educate oneself on race-related history and issues, and speak out against any injustice. 

In highlighting the importance of using our vote at this historical moment, New York State Attorney General Letitia James suggested that the participation of more people of color in law-enforcement can be one of the ways to sustain the BLM movement and push for substantive, lasting changes. Some of the projects at the Attorney General’s Office include a lawsuit against the US Postal Service for their attempt to delay the vote-by-mail ballots and an effort to advocate for immigrants to ensure that they are counted in the 2020 US Census. Attorney General James emphasized the need to stay hopeful and utilize our vote as citizens to protect our democracy. 

Rahul Agarwal focused on the recent rise in hate crimes against Asian Americans and stressed the importance of active reporting on the part of community members to help law enforcement personnel investigate these crimes and open cases. Rahul explained that the law enforcement community takes reports on hate crimes very seriously because the perpetrators’ hatred often affects many individuals, and since the targeted population can become fearful, it is crucial for law enforcement to act quickly. 

Noting from a survey the significant increase in people’s perception and experience with racial inequality since 2016, Carmelyn Malalis described the active outreach by the New York City Commission on Human Rights to marginalized communities and its employment of staffers who speak a total of over 30 different languages at the Commission to increase community engagement. Echoing Attorney General James’ comment on the value of allyship, Commissioner Malalis added that allyship also means recognizing that the constructed narratives about marginalized groups are often inconsistent with the lived experiences of people in those communities. She emphasized the need to actively work on dismantling one’s biased preconceptions. 

Referring to the Stop AAPI Hate’s recent record of about 2,600 hate crimes and incidents against Asian Americans in the past six months, Chris Kwok suggested that the actual number is most likely a lot higher since there has been insufficient attention directed towards AAPI hate crimes and a general lack of active reporting in the AAPI community. Chris highlighted the importance for Asian Americans to support the BLM movement since we are all fighting to challenge white supremacy and ensure justice in the United States. He concludes by emphasizing the need to say “BLM”— since black lives had been defined as property for decades, we, as allies in the BLM movement, should acknowledge the hashtag’s reflection of that history and recognition of the equal rights that every person deserves.

Thank you to Margaret, Attorney General James, Commissioner Malalis, Rahul, Paula, and Chris, for this insightful panel discussion. Thanks also to the AABANY Real Estate Committee and Issues Committee for organizing this event. To view a recording of the plenary session, click here or on the image above.

Fall Conference 2020: COVID-19 and Global Financial Distress: Where do We Go From Here?

On September 26, 2020, as part of AABANY’s 11th Annual Fall Conference, the AABANY Commercial Bankruptcy and Restructuring Committee hosted a panel discussion entitled “COVID-19 and Global Financial Distress: Where do We Go From Here?” The panel included: 

  • Courina Yulisa, Bankruptcy and Restructuring Associate at Dorsey & Whitney LLP (Moderator)
  • William Hao, Counsel in Alston & Bird’s Financial Restructuring & Reorganization Group
  • Vijar Kohli, Co-founder of Golden Door Asset Management
  • Vincent Roldan, Partner at Mandelbaum Salsburg’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups

The panelists observed a general increase in commercial bankruptcy filings accompanied by a decrease in individual Chapter 11 filings compared to last year. As the opening panelist, William Hao remarked that the phenomenon was partly due to court closures during the pandemic, which made it harder to complete filings. New York City in particular, as Vijar Kohli and Vincent Roldan explained, has been suffering from a significant reduction in traffic, negatively affecting traffic-dependent industries such as hotels and has led to a domino effect on retailers, landlords and suppliers. The absence of employees entering and leaving office buildings signaled the slow reopening of businesses. The panelists also discussed the increased accessibility of Subchapter 5 under the CARES Act to small businesses in addition to larger corporations to speed up the recovery process. And while there has been heightened pressure on landlords since the pandemic began, Vijar suggested that tenants pay attention to details such as rent payment deadlines in existing contracts and openly negotiate with landlords to lessen the COVID-imposed financial impact. 

Regarding corporate strategies to preserve and increase liquidity, Vijar noted that the most significant move has been to preserve cash by increasing sales or reducing expenses. Since the protracted business recovery has added more uncertainty to the long-term trajectory of their business profitability, the lack of capital is still unfortunately a difficult problem to resolve. Vincent described the recent changes in the restaurant industry, where establishments have been transitioning to providing delivery-only services to cut production costs. Despite these challenges, William mentioned that the Paycheck Protection Program (PPP) can be helpful in getting capital temporarily, and again stressed that strategic negotiations with landlords can be particularly instrumental in preserving capital. 

The panelists foresaw a slow recovery timeline for small businesses and that real estate businesses, in particular, may take up to two to three years—also depending on the vaccine distribution timeline—to bounce back to a normal level of business operations. No major changes are likely in the next three months, since the next stimulus plans would not include much for businesses and thus it is up to businesses to ensure their own survival right now. Vincent stated that companies need to pay attention to signs of economic distress to plan their next moves and contact bankruptcy lawyers to know their rights. And unlike the 2008 financial crisis, Vijar explained that this year’s economic downturns have also been accompanied by high rates of unemployment and the replacement of local, small businesses with new technology companies. 

Thank you to Courina, William, Vijar, and Vincent, for this insightful panel discussion. And thank you to the AABANY Commercial Bankruptcy and Restructuring Committee, co-chaired by William and Vincent, for organizing this event. To view a recording of the panel, click here or on the image above.

NAPABA Congratulates Katherine Tai on Nomination for U.S. Trade Representative

For Immediate Release: December 10, 2020

Contact: Priya Purandare, Executive Director

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) congratulates Katherine Tai on her nomination to be U.S. Trade Representative (USTR) in the Biden-Harris administration. If confirmed, Tai will be the first woman of color to lead the agency.

“Katherine Tai has been a valued member of our NAPABA community, and we are thrilled that President-elect Biden has nominated her to be U.S. Trade Representative,” said A.B. Cruz III, president of NAPABA. “Her background is a story that many AAPIs can relate to—like many of us, Katherine is the daughter of immigrants who came to this country to embark on a better life. Since then, she has excelled in her illustrious career, counselling our nation’s leaders on trade policy in past administrations and in Congress. NAPABA congratulates Katherine and urges the Senate to confirm her as Trade Representative.”

Tai is currently Chief Trade Counsel and Staff Director of the Trade Subcommittee in the Ways & Means Committee in the U.S. House of Representatives. She formerly served as Chief Counsel for China Trade Enforcement in the Office of the U.S. Trade Representative, and clerked for Judge John D. Bates, U.S. District Court for the District of Columbia and Judge Deborah K. Chasanow, U.S. District Court for the District of Maryland.

NAPABA advocated for Katherine Tai’s nomination. We thank President-elect Biden for nominating her to the position.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

Purchase the 2020 NAPABA Convention On-Demand CLE Pass

NAPABA is currently offering On-Demand CLE Pass that is available for purchase. This pass contains over 2230 minutes of eligible on-demand CLE including Ethics and Elimination of Bias credit in some jurisdictions.

Click here to purchase the on-demand CLE pass.

On-Demand CLE Credit Information

  1. This program offers a maximum of 2230 minutes of CLE including up to 120 minutes of Ethics credit and 180 minutes of Elimination of Bias credit in some jurisdictions.
  2. Please note, you can watch a session as many times as you wish, but you can only receive CLE credit one time.
  3. If you watched the program when it took place live from Nov. 4-7, you will not receive CLE credit for viewing the on-demand presentation. You will only receive CLE credit (depending on your jurisdiction) for any new programs you watch on-demand.
  4. To receive on-demand CLE credit for sessions viewed, collect the code words stated during each CLE presentation you view and submit the CLE codes words to this survey (https://www.surveymonkey.de/r/62DKVS8) to verify your attendance. Please collect all code words for the sessions you are seeking on-demand CLE credit and submit ONE survey by December 11 at 5 p.m. ET.


You will only have access to the library until December 8 
– Don’t delay!

In addition to CLE sessions, you also gain access to other on-demand content such as:

• Plenaries: Gain access to three thought-provoking plenary sessions covering topics such as voting rights, diversity and inclusion, and AAPIs as allies. 

• Keynote Series: An exclusive series of conversations with high-profile speakers who represent the diversity–both in politics, experience, and demographics–in our country.

• Entertainment Breaks: Pick up a new hobby this holiday season! Check out our various entertainment breaks such as yoga, dancing, or even a cooking class!

If you registered for the live event, you already have access to the 2020 NAPABA Convention | Virtual Experience On-Demand Pass. To access the sessions, log into the virtual platform and find the CLE session in the Agenda. Once you click the agenda item, you will see the video on the page.

Asian American Federation Offers Free “Stay Safe From Hate” Booklet

The Asian American Federation has created a “Stay Safe From Hate” booklet that contains proven and effective methods recommended by experts at the Center for Anti-Violence Education for you and your loved ones to stay safe in hateful and threatening situations.

The FREE Stay Safe from Hate booklet:

  • Helps you to communicate calmly and de-escalate tense situations
  • Teaches you easy techniques to defend yourself physically, and
  • Shows you how to protect others using bystander intervention methods.

Click here to download the booklet.

NAPABA Announces 2020-21 Board of Governors

NAPABA is proud to announce the 2020-21 Board of Governors —comprised of officers, directors, regional governors, and at-large board members. NAPABA is committed to having a best-in-class 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. Tune in and congratulate the NAPABA Board as they are sworn in at the Gala on Saturday, Nov. 7 during the 2020 NAPABA Convention | Virtual Experience.

AABANY congratulates our Board member, David Sohn, and member, Anna Mercado Clark, on their joining the NAPABA Board of Governors. 


Executive Committee

President
A.B. Cruz III I San Antonio, TX

President-Elect
Sidney Kanazawa I Los Angeles, CA

Treasurer
Hogene Choi I Palo Alto, CA

Secretary
Judy M. Lam I Los Angeles, CA

Immediate Past President
Bonnie Lee Wolf I Columbus, OH

Directors
Director
Jim Goh I Denver, CO

Director
Marty Lorenzo I San Diego, CA

Director
Philip Nulud I Los Angeles, CA

Director
Brendan Wong I Toronto, Canada

Regional Governors
Central Regional Governor
Johnny Wang I St. Louis, MO

Central California Regional Governor
Christopher Sukhaphadhana I Tempe, AZ

Eastern California/Nevada Regional Governor
Gino Barrica I Sacramento, CA

Northeast Regional Governor
Anna Mercardo Clark I New York, NY

Northeast Regional Governor
David Sohn I New York, NY

Northern California Regional Governor
Mark Punzalan I San Francisco, CA

Northwest Regional Governor
Elaine Pascua I Seattle, WA 

Southeast Regional Governor
Christine D. Han I Washington, DC

Southern California Regional Governor
Denise Crawford I Santa Ana, CA 

Southwest Regional Governor
Lance Ream I Denver, CO

At-Large Board Members
At-Large Board Member
Sanjeev Bhaskar I Charlotte, NC

At-Large Board Member
Angela Lim I San Francisco, CA

At-Large Board Member
Peter Sabido I Portland, OR

At-Large Board Member
Jennifer Won I Los Angeles, CA

AABANY Congratulates Chris Kwok on Publishing an Article in the New York Law Journal on Mediating Employment Disputes Ethically

The Asian American Bar Association of New York (AABANY) congratulates Issues Committee Chair, Asia Practice Committee Co-Chair and Board Director Chris Kwok on his recent article published on September 1, 2020 in the New York Law Journal entitled “Mediating Employment Disputes Ethically: Ensuring Quality and Fairness in the #MeToo, #BLM, #COVID-19 Era.”

In the article, Mr. Kwok begins by exploring the value of mediation and the importance of mediators upholding ethical standards to ensure a just process in the #MeToo, #BLM, #COVID-19 era. Mr. Kwok then delves into the novel challenges that virtual negotiations bring, ranging from the issue of confidentiality and stability of internet connections to the ethics of avoiding categorization of damages as reparations for sexual harassment.

In 2005, the American Arbitration Association, American Bar Association, and Association for Conflict Resolution promulgated the Model Standards of Conduct for Mediators that has since served as a central guide for mediators who encounter ethical conundrums. The article concludes by suggesting that the emergence of unprecedented technological and confidentiality concerns in a challenging time call for a potential revisitation of the Model Standards of Conduct and prompts readers to ponder the changing scope of ethical duties mediators need to take on.

To read the article, click here.

NYC Care is Now Available Citywide

Membership in NYC Care is now available to New Yorkers in each borough. NYC Care is a health care access program for people who are not eligible for or cannot afford health insurance. The program ensures all New Yorkers, regardless of their income or immigration status, have equal access to comprehensive, high-quality care.

NYC Care members can benefit from personalized, coordinated care and, most importantly, the confidence and safety that comes from belonging to a system that cares about their health and their future.

With NYC Care, you can:

  • Receive care at NYC H+H locations across the city.
  • Receive preventative care, mental health support, and substance abuse services. 
  • Talk to customer service representatives in your language. 
  • Receive 24 hour access to low-cost prescription medications. 
  • Get your first appointment in two weeks or less.

To enroll, call 646-NYC-CARE.

To learn more about NYC Care, visit nyccare.nyc.

Please join the effort to spread the word in your community about this important service through our multilingual fliers below (or click here for more resources):