Vanita Gupta to become highest ranking AAPI in agency history
WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) congratulates Judge Merrick Garland, Lisa Monaco, Vanita Gupta and Kristen Clarke on their nominations to serve in the Department of Justice in the Biden-Harris administration.
“NAPABA heartily congratulates these four stellar individuals on their nominations to lead the Department of Justice. These nominees have a long history of public service, including at the Department of Justice,” said A. B. Cruz III, president of NAPABA. “Notably, if confirmed, Vanita Gupta would become the highest ranking Asian American and Pacific Islander (AAPI) to ever serve at DOJ and the first woman of color to serve as Associate Attorney General. We are both proud of and encouraged by the nomination of Vanita and strongly recommend the Biden-Harris administration to continue to draw upon the demonstrated value of AAPI attorneys by actively engaging them to serve in other key leadership roles.”
We thank President-elect Biden for nominating Ms. Gupta to the position and fervently urge him to nominate an AAPI for a Cabinet Secretary 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 in government and the judiciary on the local, state, and federal levels, 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.
WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) strenuously condemns the violent actions and defiant breach of both security and safety at the U.S. Capitol by militants. Critical cornerstones of our Constitutional democracy are the peaceful transition of power within our government and the right of citizens to peacefully protest. Neither violence nor the threat of violence is at all acceptable and has no rightful place here. We call on the Administration, all elected officials, public servants, and all Americans to denounce the violence we witnessed today, support efforts needed to quiet the unrest, demand it cease immediately, and cause an immediate return to our foundational principles of a peaceful democracy and the rule of law.
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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.
ABA Presidential Appointments | NAPABA Endorsement Deadline is January 22, 2021 8:00 PM ET
Each year, the American Bar Association places a call for nominations for their Presidential Appointments. The NAPABA Selection Committee is seeking recommendations for the American Bar Association’s Presidential Appointments for the 2021-22 Bar Year.
For many years, NAPABA members and leaders have represented both our organization and the AAPI community within the American Bar Association.
NAPABA provides its members with exclusive opportunities to help them raise their professional profile. You MUST be an active NAPABA member to receive our endorsement for an ABA Presidential appointment.
Do you have great ideas? Issues that propel you? To secure NAPABA’s support for an endorsement, please fill out the form on our website by 8 PM ET on January 22, 2021.
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) congratulates Josh Hsu on his appointment as Counsel to the Vice President. Hsu is the first Asian American Pacific Islander (AAPI) to serve in the lead legal role for the Vice President of the United States.
“Josh Hsu has been a rising star and major contributor within the NAPABA community for many years. In 2015, he was recognized as one of NAPABA’s Best Lawyers Under 40. We are delighted that the Biden-Harris administration has appointed him to a senior leadership position as Counsel to the Vice President,” said A.B. Cruz III, president of NAPABA. “Vice President-elect Harris had one of the most diverse staffs in the Senate and her recent executive office appointments demonstrate her continued commitment to creating a government that better reflects the American citizenry. We celebrate Josh in his new role and trust that the Biden-Harris administration will continue to recognize the value of AAPI attorneys by rightfully placing them in leadership roles.”
Prior to his appointment, Hsu served as National Policy Director for Vice President-elect Harris’ presidential campaign and was formerly Deputy Chief of Staff and General Counsel for her Senate office. He has served as Chief Counsel for Nominations in the U.S. Senate Judiciary Committee under Ranking Member Patrick Leahy and as an attorney in the national legal department at the American Civil Liberties Union. Hsu clerked for the Honorable Denny Chin on the U.S. District Court for the Southern District of New York and graduated from Georgetown University Law Center and Georgetown University.
NAPABA advocated for a senior level appointment for Josh Hsu. We thank President-elect Biden and Vice President-elect Harris for appointing him 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 in government and the judiciary on the local, state, and federal levels, 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.
On December 18, 2020, the Membership Committee hosted their weekly virtual Membership Mixer, with 22 participants in attendance. This week, AABANY celebrated the end of 2020 on Zoom.
Participants were asked: “What was the best thing that happened to you in 2020 and what is your 2021 Resolution?” Participants reported that the best thing that happened to them in 2020 were cutting their commutes to have more time to themselves, spending time with family, exercising more, and learning to cook. As for New Year’s Resolutions, members said their goals were to be more active, take the COVID-19 vaccine, and find new jobs.
At the end of the mixer, Barry Kazan, a Partner at Mintz & Gold LLP, was awarded 2020 “MVP” (Most Valuable Participant) of AABANY’s Online Membership Mixers, for his great accomplishment of attending 23 out of 27 online mixers! In addition, Barry actively engaged in every mixer, including during our joint mixer with the Filipino American Lawyers Association of New York (FALA-New York), offering to pick up the membership fees for members of FALA-New York who were not already members of AABANY and vice versa. Thank you, Barry!
Member Barry Kazan
Candace Yu, AABANY Intern, won our Mixer prize this week. She had a choice between a six month online gym membership, or $50 in cash. Candace chose the cash.
The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc, but due to COVID, we have moved online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30pm on Friday and the main event ends at 7:30pm but many often stay on after 7:30pm for smaller breakout groups.
Membership Committee will continue to host weekly virtual mixers until it is safe to gather together again in person.
We are giving away door prizes in some weeks. In order to win, you must be a member and must RSVP on the aabany.org website to get a raffle number. Non-members can join the mixer but won’t be eligible to win a prize.
On Thursday, December 10th, AABANY held its annual Holiday Party on Remo. The Remo event room was decorated with a holiday theme, including holiday character-themed table names and a crackling fireplace in the background. More than 30 AABANY members signed on to Remo to celebrate the holiday season.
To kick off the celebration, President Sapna Palla thanked everyone for coming and wished everyone happy holidays. She also took the opportunity to encourage everyone to join AABANY’s Virtual Gala being held on February 24, 2021 to recognize our Virtual Gala award honorees, Frank H. Wu, President of Queens College, City University of New York, and Sneha Desai, Deputy General Counsel of BASF.
Throughout the night, guests were able to move from table to table and talk with different people. Many guests enjoyed the optional Holiday Wine & Cheese Gift Basket or Hot Chocolate & Treats Gift Basket they ordered through AABANY.
Thanks to everyone who took the time to join us virtually to celebrate the season. AABANY wishes everyone happy holidays!
On December 4, 2020, the Membership Committee hosted their weekly virtual Membership Mixer on Remo, with 13 participants in attendance, catching up with each other. Then, on December 11, 2020, the Membership Committee hosted a Law Students’ Study Break Mixer on Remo, inviting students to take an hour break from studying for finals and come meet members, unwind and get a morale boost! It was a successful event, with 14 participants in attendance.
The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc, but due to COVID, we have moved online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30pm on Friday and the main event ends at 7:30pm but many often stay on after 7:30pm for smaller breakout groups.
Membership Committee will continue to host weekly virtual mixers until it is safe to gather together again in person.
On December 5, the AABANY Litigation Committee hosted its annual Trial Advocacy Program, featuring the Honorable Diane Gujarati as this year’s keynote speaker. The all-day program, which started in 2012, gives attendees the opportunity to participate in mock trials led by experienced faculty members. Additionally, the distinguished and experienced faculty members present morning and afternoon panels on effective trial advocacy.
The day started with a keynote speech by Judge Gujarati, who discussed her experience as a trial lawyer and gave advice to the attendees. She emphasized the importance of attention to detail and preparation, as well as flexibility. While working before and during the trial, unexpected challenges will arise, and it is crucial to be able to take the time to regroup and remain focused even in such a high pressure environment. Additionally, she highlighted the importance of having good “people skills” because trial attorneys must relate, talk, and listen to a wide range of people. Judge Gujarati also noted the importance of trial attorneys truly advocating for their clients and, in concluding her speech, emphasized that trial lawyers must, of course, conduct themselves honestly and ethically.
Then, the morning panel started with faculty members Manisha Sheth and Mark Berman giving a presentation on conducting effective opening statements and direct examinations. They emphasized the importance of rehearsing the opening statement, since it is the first thing the jury will hear and thus is incredibly important. Additionally, the opening statement should be a punchy, relatable, easy-to-follow description of the case that incorporates an emotional element to it in order to situate the jury with the client’s story. During the direct examinations, it is important to ask simple, open-ended, non-leading questions and practice with the witness beforehand. While asking these questions, it is equally important to be an active listener and avoid talking too much; direct examinations should be focused on humanizing the witness and letting them tell their own story.
Once the panel concluded, the students were divided into two break-out groups to participate in mock trials. This year’s scenario consisted of a parent of a three-year-old suing a day care for negligence after the child broke his arm under staff supervision. The participants were divided into a pair of plaintiff’s counsel and a pair of defendant’s counsel, and then conducted opening statements and direct examinations. The faculty members listened to the two sides and then worked directly with the students to give feedback and critique.
After a lunch break, faculty members Joe Gim and James Cho started the afternoon panel by presenting on cross-examinations and closing statements. Unlike during the direct examination, during the cross-examination, the trial lawyer is the star. In a standard cross, the goal is to plant seeds of doubt into the credibility of the witness by impeaching them or forcing them into a “gotcha moment” where the witness contradicts themselves. To accomplish this, the trial lawyer must first make the witness comfortable with easy, unintimidating questions, then lay the foundation for later admissions, and finally lock in a crucial contradiction or admission of guilt. The discussion then turned to the closing statement. Similar to an opening statement, it is critical to continuously rehearse the closing statement in order to present the story in a seamless and relatable manner. In addition to memorizing the first and last line, it is also helpful to practice in front of non-lawyer friends and family, since that will be most similar to the actual jury. Following this presentation, the students returned to break-out rooms to conduct cross-examinations and closing statements and receive additional critique from the faculty.
Despite being held on Zoom this year, Trial Advocacy Program was a great success. The participants all really enjoyed the program, and they were able to learn from the experienced faculty and get hands-on trial experience. Thank you to Jenny Wu, Aakruti Vakharia, and Luna Barrington, Co-Chairs of the AABANY Litigation Committee, for organizing the event. And thank you to Judge Gujarati and the faculty members Manisha Sheth, Mark Berman, Joe Gim, James Cho, Sam Yee, Connie Montoya, Yasuhiro Saito, and Peter Polchinski.
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.
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.
