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Mediators Wanted – Presumptive ADR Initiative

Thanks to the Network of Bar Leaders for sharing this important announcement about the Presumptive ADR Program:

The NYS Unified Court System has launched the Presumptive ADR Program, an alternative dispute resolution (ADR) initiative, which will expand existing ADR programs and develop appropriate dispute resolution programs in a broad range of civil cases statewide.

These programs will address various case types and will be implemented systemwide. Some programs will rely on the existing network of ADR programs while others will seek to develop or expand rosters of neutrals who meet the requirements of Part 146 of the Rules of the Chief Administrative Judge. Courts may be seeking neutrals for assistance in areas that may include matrimonial and family law, personal injury, trusts and estates and commercial matters.

The court system is seeking to improve diversity in the court rosters and increase outreach in all judicial districts.  The Network of Bar Leaders is in a unique position to help promote ADR practitioners through this recruitment tool.

We encourage prospective neutrals to submit their information on or before March 20, 2020 by completing and submitting the online form at this link: https://forms.gle/SqnP8AG8irbfqt2a9 so that it can be aggregated and provided to the court system to make outreach more efficient when the time comes.

The information you provide will be forwarded to the NYS Unified Court System’s ADR office and Deputy Chief Administrative Judge’s Special Counsel for ADR Initiatives for Courts within NYC and Outside NYC, for their further consideration when the initiative reaches that stage.

Please note that the court system will contact only those respondents whose professional background, formal training, ADR and subject matter experience, and geographic availability meet the current needs of a particular roster. The court system will also communicate directly with you at a later date if they are in need of any additional information.

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PRESS RELEASE: MENG, VELÁZQUEZ, CHU BILL WOULD ASSIST SMALL BUSINESSES HARMED BY CORONAVIRUS

SBA Disaster Loans Would be Made Available for Virus-Impacted Firms

WASHINGTON, D.C. – Rep. Grace Meng (D-NY), the First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), Rep. Nydia M. Velázquez (D-NY), the Chairwoman of the House Small Business Committee, and Rep. Judy Chu (D-CA), the Chairwoman of CAPAC, have introduced legislation aimed at assisting small businesses that suffer economic harm from the coronavirus outbreak. 

“Small businesses are the backbone of our economy in Queens and throughout New York City,” said Meng. “They enhance our neighborhoods, bring investment and innovation to local communities, and provide jobs to area residents. But concerns about the coronavirus have hit many small businesses hard. In fact, I have heard from many Asian American-owned small business owners in my district that they are severely struggling. We cannot let them suffer. Government must be a strong partner in helping small businesses succeed and we must not abandon them in their time of need. I call on all my colleagues to immediately pass this legislation so that our entrepreneurs and small businesses can get back on track. When small businesses succeed, America succeeds!”

“Small businesses around the country and in New York City are beginning to feel the economic effects of the coronavirus,” said Velázquez. “Many of our Asian-owned businesses in New York have already experienced a decline in sales due to misinformation, fear and stigma associated with the virus. The bill we’ve authored will help businesses access federal loans if they suffer losses related to the outbreak.”  

“The spread of COVID-19 has nothing to do with race or ethnicity, but that has not stopped dangerous misinformation and xenophobia from spreading faster than the disease itself,” said Chu. “In my district, some Asian-owned businesses are reporting a 50% drop in customers, and that’s the case elsewhere around the country as well. For instance, in New York City, before there was even a single case of COVID-19, some restaurants saw as much as an 80% decline in customers. We have even seen instances of illegal, fraudulent letters that baselessly urge people to avoid Asian-owned businesses. These are serious losses that can have long-lasting impacts on our local economies. We cannot let misinformation and fear ruin communities and businesses. This bill would help by providing necessary assistance to help our Asian-owned businesses continue to operate in the face of a disaster they had no control over.”

Economists recently lowered the global forecasts for major economies from 2.6 percent to 2.4 percent. Much of the recent slowing of the economy is linked to the coronavirus, which has weakened demand in travel and tourism. Besides the decline in foot traffic for many retailers and restaurants, particularly those in Chinese communities, small firms have experienced challenges related to their supply chains. Companies sourcing products and services from China have had delays or complete cancellations of orders, resulting in lower profits for the company. Besides these challenges, small firms must start the process of preparing their companies for the potential to have employees become infected and remain home or telework. In many instances, a small employer may be unable to absorb the additional workforce reductions without a coinciding loss in productivity.

Under the bill, the “Small Business Relief from Communicable Disease Induced Economic Hardship Act,” small businesses would be able to access Economic Injury Disaster Loans of up $2 million to help meet financial obligations and operating expenses, which would otherwise have been met if it were not for the virus’ spread. The bill specifies that the loans would be interest free. Companies that are major employers could be potentially eligible for larger loans.

“Properly preparing for the impact of the coronavirus requires a multi-front strategy and that includes being ready to address the very real economic fallout we may see,” Velázquez added. “This legislation would be a good first step to help our small firms in New York and around the nation who sustain economic injury from COVID-19. I look forward to working with my colleagues to advance this measure.”

A copy of the bill is online here and a bill summary is available here.

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Second Circuit Pro Bono Panel Announcement

The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit’s Pro Bono Panel. The deadline to be considered for appointment in 2020 is April 30, 2020.

Pro Bono Panel members will, at the Court’s invitation or on a litigant’s motion for appointment of counsel, represent pro se litigants in civil appeals that present issues of first impression, complex issues of law or fact, or potentially meritorious claims warranting further briefing and oral argument. Pro bono representation will be provided to litigants who would otherwise be unable to pay for counsel and are ineligible for the appointment of counsel pursuant to the Criminal Justice Act.

Cases in which pro bono counsel will be appointed cover a broad range of legal issues, including prisoner civil rights, labor and employment, discrimination, social security, immigration, and tax law.

Applicants must be admitted to and members in good standing of the Bar of the Second Circuit or have an admission application pending before this Court, and have at least three years of appellate litigation experience. Pro Bono Panel members will serve for a three-year term.

Pro Bono Panel members who were appointed by the Court in 2017 for a three-year term must submit a new application if they wish to remain on the Panel.

An application package must contain a resume, a written application (available on the Court’s website at http://www.ca2.uscourts.gov) and three writing samples, preferably appellate briefs on which the applicant was the primary author. These materials must be submitted to David Bober, Director of Legal Affairs, United States Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY 10007, by April 30, 2020.

The Plan for the Appointment of Pro Bono Counsel and the application form are available click here.  

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PRESS RELEASE: ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK TO EXPAND FREE LEGAL CLINIC TO QUEENS IN PARTNERSHIP WITH NEW YORK STATE COMMITTEEWOMAN SANDRA UNG

NEW YORK – March 5, 2020 – On the heels of its success in Manhattan and Brooklyn, the Asian American Bar Association of New York (“AABANY”) is getting ready to expand its Pro Bono Legal Clinic to Queens. 

According to the 2010 Census, of the over one million people identified as Asian American in New York City, nearly half live in Queens.  Located in the heart of Flushing, the Queens Clinic will be available every third week of the month with a specific focus each month on housing, immigration, elder law, or family and matrimonial law. Interpreters in Chinese (including Mandarin, Cantonese, Taiwanese), Korean, Japanese, and other languages will be available during the one-on-one consultation with a volunteer attorney. Karen Lin will be volunteering her time to serve as Coordinator of the Queens Clinic.

The Clinic will be held in collaboration with New York State Committeewoman Sandra Ung, a longtime resident of Queens and leading community advocate. Ms. Ung stated: “Having a free legal clinic in Queens, where there will be translators, gives an opportunity for those who simply do not know where to turn when encountering a legal problem, a place where their concerns can be heard.   This Pro Bono Legal Clinic in Queens is the first step in helping our community better understand their legal rights. Thank you to AABANY for this partnership and making this clinic available to our Flushing community.” 

“As members of the legal profession, our members have achieved their career goals through the struggles of their immigrant parents and grandparents,” states AABANY President Brian Song. “Now it’s time to give back. Many people in our neighborhoods do not have access to reliable information and assistance about legal processes and available legal resources. We can provide assistance in a culturally and linguistically appropriate manner, so that the community understands their rights and remedies. Thank you to our committed volunteers.” 

AABANY’s Pro Bono Legal Clinic opened in 2015 to serve members of the Asian Pacific American community who have limited English proficiency (“LEP”) so that they can have meaningful access to justice. Mobilizing the skills and experience of AABANY’s diverse membership, the Pro Bono and Community Service Committee has spearheaded the Clinic’s effort in helping nearly 2,000 LEP individuals in the vast yet underserved Asian American community in New York through its Clinics in Manhattan’s Chinatown and Brooklyn’s Bay Ridge neighborhoods.   The Manhattan Clinic takes place on the second Wednesday of each month at the Community Room, 33 Bowery Street. The Brooklyn Clinic takes place on the fourth Thursday of every other month at A+ Academy, 6802 8th Avenue. (If a community member is interested in attending these Clinics, please contact judy.lee@aabany.org to double-check their dates and for any additional updates.)

The New York State Bar Association recently awarded the Pro Bono Legal Clinic with its prestigious New York State Bar Association Bar Leaders Innovation Award, in recognition of the impactful work done to provide legal assistance, community education programs, and outreach. AABANY’s theme for its upcoming fiscal year, “Stronger Together: Unity in Diversity,” is especially fitting as the Pro Bono Clinic expands to Queens, the most ethnically and diverse county in the United States, with 138 languages spoken throughout the borough.

The first Queens Clinic will be held on March 17 at the office of the New York State Committeewoman located at 135-15 40th Road, Flushing, New York 11354, on the topic of Housing Law. Subsequent Clinics will be held on the third Tuesday of each month, and the subsequent clinics already scheduled are on April 15 (Immigration Law); May 20 (Elder Law and Public Benefits); and June 17, 2020 (Family, Matrimonial, and Education Law). Community members seeking legal assistance must call to make an appointment at (347) 391-6463 (English and Chinese speakers), (516) 690-7724 (Korean language speakers), or (845) 450-0726 (Japanese language speakers). Appointments will be made based on availability.  Please note that walk-ins will not be permitted at the Queens Clinic.

For more information, please contact Yang Chen, AABANY Executive Director, at (646) 653-2168, or direct any inquiries to main@aabany.org.

The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is a New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

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[POSTPONED] From Students to Faculty: Insights for Today’s First-Generation College Students

Asian American Studies Center at Hunter College
Wednesday, March 11th 5pm – 7pm

Hunter College West Building, 3rd Floor Glass Cafeteria
904 Lexington Ave and 68th Street
Guests will need a photo ID to enter the building

More than half of all college students in the United States are first-generation college students (neither parent had a bachelor’s degree). At Hunter College, more than a third of the undergraduates are the first members of their families to attend college. Join this exciting discussion to learn more about the challenges and opportunities of being a first-generation college student from faculty members, who went from being the first in their families to attend college to being professors teaching and mentoring the next generation of students.

The Panelists

Margaret M. Chin
Associate Professor of Sociology, Hunter College & CUNY Graduate Center
Hung Cam Thai
Professor of Sociology & Asian American Studies, Pomona College & CUNY Thomas Tam Visiting Professor (2019-2020)
Van Tran
Associate Professor of Sociology, CUNY Graduate Center, Hunger College Class of 2004

Moderator

Vivian Louie
Professor of Urban Policy & Director fo Asian American Studies, Hunter College

RSVP: http://bit.ly/AASFirstGen

If you have any questions, please contact Gabriel Galindez (ggalinde@hunter.cuny.edu)

Co-Sponsored by the Sociology Department and Urban Policy & Planning Department

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AABANY Celebrates 2020 Annual Dinner with More Than 800 Attendees

On Wednesday, February 26, 2020, AABANY hosted its 2020 Annual Dinner with the theme “Stronger Together: Unity in Diversity” at Cipriani Wall Street. The dinner attracted over 800 attorneys, judges, prosecutors, in-house counsel, government officials, and dignitaries and sponsorships from more than 60 law firms and corporations.

This year AABANY was proud to honor:

Hon. Sri Srinivasan, United States Court of Appeals for the District of Columbia, with the Public Interest Leadership Award.

Alan Tse, Global Chief Legal Officer, Jones Lang LaSalle, Inc., with the Corporate Leadership Award

Yen Chu, Chief Legal Officer, Equinox Holdings, Inc., with the Women’s Leadership Award

Skadden, Arps, Slate, Meagher & Flom LLP with the Law Firm Diversity Award

To read more about our extraordinary honorees, read the press release here.

This year, Spectrum NY1 News Anchor Vivian Lee served as MC and was joined on stage by Immediate Past President James Cho. 

James presented each of the honorees with special gifts from AABANY. Noting that Alan Tse was considered by his peers to be “The Closer,” James presented him with a bottle of McCallan, a nod to Attorney Harvey Specter from “Suits,” another well-known “Closer.” However, because Alan had to fly back to Chicago, the full-size bottle was replaced with a miniature size, with a ziploc bag that will ensure the bottle gets through security. (We have a feeling that the bottle was consumed well before Alan made it to the airport.)

For Yen Chu, James presented her with a monogrammed workout head towel for her next session at one of Equinox’s many gyms. That is one way to make sure that AABANY is “top of mind” for Yen in the days to come. Finally, for Chief Judge Srinivasan, we figured that as a jurist, he can never have too many robes, so James presented him a wizard’s robe, bearing his name above the Gryffindor crest. Although we doubt we will see Chief Judge Srinivasan wearing that robe on the bench any time soon, we can imagine him donning the robe in chambers, especially on those occasions where he may need to work some judicial wizardry to decide the most difficult cases.

In addition, we were also pleased to present the 2019 class of Don H. Liu Scholars: Grace Cho, Raymond Magsaysay, and Andrew Tran. To read more about the Don H. Liu Scholars, see our press release here.

Congratulations also to the Pro Bono and Community Service Committee. The Pro Bono Clinic was recognized with the New York State Bar Association Bar Leaders Innovation Award. NYSBA President Hank Greenberg attended the Annual Dinner to present the award. To read more about the award, see our press release here.

We thank all of the AABANY Annual Dinner Planning Committee members and volunteers for their hard work in making this year’s celebration a huge success.

We extend sincere thanks to all of our sponsors. Their generous sponsorships make it possible for us to pursue our mission to advance the interests of the Asian Pacific American (APA) legal community and the communities we serve and support our many activities and signature events throughout the year.

Lastly, we thank everyone that attended the 2020 Annual Dinner and celebrated with us.

Thanks to Corky Lee for the photos in this blog post. More photos to come. Stay tuned!

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AABANY Hosts Breakfast Meeting with Chief Judge Srinivasan for Law Students

On Thursday, February 27, AABANY hosted a breakfast event for law students with Chief Judge Sri Srinivasan, U.S. Circuit Judge of the D.C. Court of Appeals, at The Smith in NoMad. Judge Srinivasan was in town for AABANY’s 2020 Annual Dinner where he was presented the Public Service Leadership Award, and the judge was gracious enough to take the time the next morning to advise students pursuing careers in law. Judge Srinivasan familiarized students with his many life experiences by speaking about his upbringing, education, and career. Everything from his judicial philosophy to his love of sports provided attendees with important nuggets of wisdom and essential insights. 

Judge Srinivasan elaborated extensively on the three guiding principles that have shaped his life and his service: doing great work, being a good person, and assuming the best of those around you. 

For his first tenet, Judge Srinivasan addressed the familial and social pressures that are widely prevalent in the Asian-American community, acknowledging the constant push to “climb the ladder” and focus heavily on quantifiable success. However, despite this pressure, he insists that the goal of students shouldn’t be to chase after the most lucrative opportunities to bolster a resume, but instead, students should strive to give their best and humble effort to everything that they do, no matter how small or invisible. Such persistence will pay off and be recognized in the long-run. 

Regarding his second principle, the judge drew heavily from his own experiences with people in the legal field. He insisted that acting transparently in good-faith and modeling kind behavior will in turn make people feel heard which increases the likelihood of reaching mutually beneficial agreements. Judge Srinivasan remarked on how surprised he has been in the past by the benefits of simply listening to others. His way of approaching interacting with other people has influenced those around him, garnering the respect and trust of his peers. 

Finally, Judge Srinivasan insists that, despite our initial inclination to expect the worst of others, there are pleasant surprises to expecting the best of others. Especially in such a partisan environment, he insists that it is important to treat traditional “adversaries” not as ill-intentioned individuals but as normal people with differences in how they approach universal problems. By viewing other people as different rather than evil, the judge believes that compromises can be reached more quickly and effectively. 

After giving students background on his experiences and philosophy, Judge Srinivasan opened himself up for questions from the attendees. Many of the students focused particularly on how they can better represent their ethnic communities and perform optimally in the field. 

Since some of the students present are leaders of affinity groups on their respective campuses, the judge applauded the efforts of the student leaders and addressed the importance of student advocacy groups. He referenced a common saying by his sister, “it’s hard to be what you can’t see,” to reveal how these minority cultural groups give face to their community and provide the next generation with role models to look up to. While he acknowledged this responsibility to represent is daunting and can feel lonely at times, Judge Srinivasan believes that student leaders should reframe their thinking to feel excited in the face of adversity. 

Regarding how to achieve success in the field, the judge suggested looking for mentors who look out for your best interests, preparing for cases thoroughly, and embracing fluidity in argumentation. On a concluding note, Judge Srinivasan stressed the importance of establishing credibility in the forum by advocating zealously while still demonstrating objectivity. 

AABANY thanks Judge Srinivasan for his valuable time and thoughtful advice! If you are curious about the judge’s work, please feel free to click the link below as the D.C. Court of Appeals is one of the only appeals courts that livestream oral arguments on its website. Details at https://www.cadc.uscourts.gov/internet/home.nsf/Content/Oral+Arguments

Thanks to AABANY Legal Intern David Jung for the write-up and photos.

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NAPABA Leadership Advancement Program

Become the Leader You Know You Can Be

Build Your Leadership Skills & Go Farther in Your Career

NAPABA’s Leadership Advancement Program is the chance to challenge yourself and advance in your career. Learn from your strengths and weaknesses, build relationships with your peers and grow as a leader during this year-long experiential program.

Who are we looking for?

All NAPABA members are encouraged to apply, although the selection committee will focus on the following criteria this year:

  • Law firm candidates: this year’s program will prefer candidates with between six and 10 years of experience
  • In-house candidates: preference for a minimum of three to four years of IHC experience, with six to 10 years of overall practice experience

Not sure about whether the program is right for you?

Here’s one 2019 alum’s review:

APPLY NOW! 
Deadline: Thursday, March 12  – 11:59 pm ET

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AABANY Hosts February Monthly Membership Mixer at Atwood

On Wednesday, February 19, 2020, AABANY’s Membership Committee, together with Corporate, Issues, Litigation, Solo & Small Firm Practice, and Professional Development Committees hosted a Membership Mixer with members, colleagues, and friends at Atwood Bar & Lounge in Midtown East. Over twenty attendees filled a private section reserved for our group. Our membership programs provide opportunities to network and to learn more about AABANY by meeting current members and leaders. Keep an eye out for our future events including an outing to see “West Side Story” on Broadway on March 19. To learn more about the Membership Committee, go to https://www.aabany.org/page/130

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Congratulations to Kevin Kim on Receiving the Hong Yen Chang Award at the 9th Annual Columbia Law School APALSA Conference at Columbia University

AABANY congratulates Kevin Kim on receiving the Hong Yen Chang Award at the 9th Annual Columbia Law School APALSA Conference on February 22, 2020.

In June of 2017, Governor Andrew Cuomo appointed Kevin as a Trustee of the City University of New York (CUNY) making him only the third Asian American and the first Korean American to serve on the CUNY Board of Trustees. Previously, Kevin served as a Commissioner of the New York State Liquor Authority, and became the first Asian American appointed to this position. In 2009, Kevin became the first Korean American to win a NYC primary when he became the Democratic nominee for NYC Council (District 19). Prior to that, he worked as a Congressional aide to former Congressman Gary Ackerman, an associate at Davis Polk & Wardwell LLP, and a law clerk for then-U.S. District Court Judge Denny Chin (SDNY). Kevin is also an entrepreneur and the co-founder of Tactile Brain LLC, an innovative mental math program designed by Jeonghee Lee, one of the world’s foremost mental mathematicians. In 2015, the National Ethnic Coalition of Organizations (NECO) awarded Kevin with an Ellis Island Medal of Honor in recognition of his many years of community service. Kevin served on AABANY’s Board as Director of Development in 2017. He currently serves on the Board of Directors of the Korean American Community Foundation (KACF) and the International Student Conference.

Kevin received his B.A. and M.A. from Stanford University and his J.D. from Columbia University School of Law.

Kevin received his award during the Gala Dinner following this year’s Columbia Law School APALSA Conference, entitled “The Path Less Traveled: Success Beyond the Law Firm.” The award is named after Hong Yen Chang, who became the first Asian American lawyer admitted to the New York State bar over 130 years ago. In 1872, 13-year-old Hong Yen Chang came to the United States to be groomed as a diplomat. He earned degrees from Yale University and Columbia University’s law school and passed the bar exam. However, after passing the bar examination, he was first denied admission because of his lack of U.S. citizenship due to the Chinese Exclusion Act. A special act of the New York Legislature allowed his admission in 1888. Hong Yen Chang then moved to California and applied for admission to the bar there but was denied in 1890 due to his lack of citizenship. Not until 2015 was this exclusion remedied, when the California Supreme Court granted an application from members of the UC Davis Asian Pacific American Law Students Association for posthumous admission of Hong Yen Chang.

Before the award was presented, a video was played featuring Congresswoman Grace Meng and US Presidential Candidate Andrew Yang offering their congratulations to Kevin. Hon. Denny Chin introduced Kevin and presented the award to him. In accepting the award, Kevin gave an impassioned speech calling all in attendance, as law students or as lawyers, to become more active in the issues that affect Asian Americans and all under-served and under-represented communities.

Please join AABANY in congratulating Kevin Kim on this recognition and well-deserved honor.

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