On October 9, 2020, the Membership Committee hosted their weekly virtual Membership Mixer, with 20 participants in attendance. This week AABANY had the honor of co-hosting the event with the Filipino American Lawyers Association of New York (FALA-New York). The icebreaker question posed to the group was: “Who is your favorite superhero, real or fictional?” Participants reported they idolized Captain Jean Luc Picard, Spiderman, Xena, Buffy the Vampire Slayer, Neo, Jay and Silent Bob, Morpheus, Naruto, Ruth Bader Ginsburg, Oksana Chusovitina, and their bartender. Many of the participants hailed from New Jersey, and the burning question of the night was: “Is the beloved NJ ham dish called a pork roll or Taylor Ham?”
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 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 calendar to get a raffle number. Non-members can join the mixer but won’t be eligible to win a prize.
This week Membership Committee gave away a free Membership. Congratulations to Louise Lingat for winning the prize.
Membership Committee would also like to thank Barry Kazan, a Partner at Mintz & Gold LLP for his generosity! Barry offered to pay FALANY and AABANY memberships for the October 9 Mixer attendees who are not already members of the respective bars.
On October 1, 2020, New York launched COVID Alert NY – the official Exposure Notification App created by the New York State Department of Health in partnership with Google and Apple. The app’s purpose is to help anyone 18+ living and/or working in New York fight against COVID-19 by getting exposure alerts, without compromising their privacy or personal information.
The COVID Alert NY app notifies users if they have been in close contact with someone who has tested positive for COVID-19. Upon receiving an exposure notification, the app will encourage users to contact their physician or the State Health Department hotline (1-833-227-5045) to get more information about quarantining and testing.
Anyone who downloads the app does not have to worry about being tracked, identified or having their personal information shared. The app is completely anonymous and does not track location or movement; no personal data is collected. The app instead uses Bluetooth proximity-enabled exposure notification technology provided by Apple and Google which is safe and secure.
The more New Yorkers using the COVID Alert NY app, the more effective it will be as a tool to fight against COVID-19. The COVID Alert NY app puts the power in the hands of New Yorkers to protect their neighbors, friends, family and community at large. Together, we can slow the spread of COVID-19.
The free smartphone app is now available for download in the Google Play Store and Apple App Store.
Empire Mock Trial is a nonprofit that brings together extraordinary high school students from across the U.S. plus 6 countries. Over the past 6 months, the nonprofit has worked hard to plan a mock trial program for them that is fun, safe, and educational during the age of COVID-19 — this fall, it is finally happening.
Volunteer to judge a mock trial on October 28-31 or November 14-16 (attorneys can judge one trial or multiple). All trials will be held online via Zoom. For most of the students, this is the first time they’ve been able to participate in mock trial in 2020, with COVID having canceled their last season.
The format of each trial depends on which competition you sign-up to judge. Here is a description of each:
Empire @ Home on October (28-31) – students compete from the comfort of their own homes (i.e. you’ll see 12-14 students separately connect to your virtual courtroom). It’s called ‘Empire Chicago’ because we are hosting Chicago themed events for the kids;
Empire One (November 14-16) – one mock trial team assembles in one room to compete against another team (i.e. you’ll see only 2 teams separately connect to your virtual courtroom). It’s called ‘Empire New York’ because we are hosting New York themed events for the kids.
Attorneys can earn up to 3 CLE credits for judging.
If you have any questions, please reach out to Empire Mock Trial via phone or email on their website.
On October 2, 2020, the Membership Committee hosted their weekly virtual Membership Mixer, with 13 participants in attendance. Recently, Membership Committee has used Remo, a new dinner party style platform to hold the mixer. Attendees have the flexibility to visit multiple tables and mix and mingle with guests in a six person group. The icebreaker question this week asked participants if they are looking forward to indoor dining at 25% capacity.
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 people often stay on after 7:30pm for smaller breakout groups. Mixers are not recorded, and are LIVE, so don’t miss out.
Membership Committee plans to continue hosting 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 calendar entry to get a raffle number. Non-members can join the mixer but won’t be eligible to win a prize.
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.
WASHINGTON, DC — The Coalition of Bar Associations of Color (CBAC) issued the following statement in response to several proposals calling for alternatives to the traditional in-person bar examination used to license new attorneys as a direct response to the ongoing challenges presented by the COVID-19 pandemic:
The COVID-19 pandemic has presented extraordinary challenges to just about every aspect of how we conduct our lives. As lawyers, it is our duty to meet these extraordinary circumstances with grace and swiftness, and to adapt as necessary to ensure continued access to justice and protection of the rule of law. In this spirit, the Coalition of Bar Associations of Color supports ABA Resolution 10G strongly urging all state bars to cancel in-person or potentially vulnerable online administrations of the bar exam and consider adopting alternative methods of licensing new attorneys until a safe and secure method of administering a bar exam is available. This will protect the future of the legal profession and ultimately, our society.
Protection of the public in the administration of justice should remain the top priority of state bars. However, during the ongoing pandemic, traditional methods of testing, like large in-person exams, pose tremendous health risks to test takers and those around them and in many instances would violate government-issued restrictions to large gatherings.
Although we commend the states that opted to cancel in-person examinations in favor of online proctored exams, this method has met significant challenges in its administration. These challenges have included fairness, privacy, and technology concerns with the most recent example being the Florida bar. In Florida, bar examinees were informed of the cancellation of the online exam two days before its scheduled date due to numerous issues with the online proctoring system. No official new date or method of testing has been offered. The Michigan online bar exam system crashed during the examination. The State of Indiana encountered similar technology issues when the program was being tested, and they changed to an open book exam allowing answers to be emailed. The current infrastructure for online testing, which presents significant security concerns and glitches, is simply not workable for an exam of this magnitude and import.
As leaders of the Bar Associations of Color we are particularly concerned with the disparate impact that COVID-19 has had on communities of color and more specifically bar examinees of color. As noted in the report accompanying ABA Resolution 10G on this issue, a recent survey showed “a majority of bar applicants do not believe they have reliable internet access, and that white applicants are about 71 percent more likely to have such access when compared to black applicants.” The same survey noted that the majority of bar examinees “do not have access to a quiet space to take a remote bar examination, with white applicants again being substantially more likely to have access to a quiet place than an applicant of color.” People of color and non-traditional students, who have already faced and conquered institutional challenges to complete their legal education, will face additional barriers in the event of additional delays.
Further delays in licensing attorneys are unfair, placing the careers of thousands of attorneys in limbo. Instead, flexibility from state bars is of paramount importance. Adopting alternatives like open book examinations, extended CLE, a diploma privilege, or a Certified Legal Intern program that leads to a provisional license and then to full licensing within 3-6 months, is the most efficient way to adequately safeguard the futures of all bar examinees and the legal profession as a whole.
Additionally, the delays in testing have further exacerbated the stressful circumstances experienced by bar examinees. Graduates have been preparing since May for one of the most important examinations of their careers. To do so, they have sacrificed their income and time for an extended period. Many are facing severe financial difficulties, have no health insurance, and they are competing for jobs in one of toughest job markets in years. Further delays in licensing will disrupt employment plans and leave thousands of graduates with no way of supporting themselves or their families in a moment of global crisis.
Bar examinees have demonstrated their ardent commitment to the legal profession through their resiliency in the last months. The protection of the public in the administration of justice should be extended to bar examinees by decisive action from the state bars that they will serve in their long and successful careers. We call on state bars to consider the options set forth in ABA Resolution 10G that are most protective of bar examinees, their careers, their families, and the legal profession. Options include but are not limited to allowing diploma privileges, administration of remote open book examinations, and creation or expansion of certified legal intern programs leading directly to licensure, a form of diploma privilege.
The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA).
AABANY recognizes and thanks its Student Leaders for all their assistance this summer in fighting COVID-19 and giving back to the Asian American community in New York. Our AABANY student leaders are:
Taiyee Chien, UChicago Law
Long Dang, Columbia Law
Alex Hwang, Cardozo Law
Dianna Lam, Fordham Law
Connie J. Lee, Columbia Law
H. Anthony Park, Ottawa Law
Jenny Park, Columbia Law
Xinyi Shen, Cardozo Law
Sejal Waghray, Emory University
Meng Zhang, Fordham Law
The flyer above contains short descriptions about why each AABANY Student Leader wants to give back and how they have been doing it, such as by volunteering at AABANY’s Pro Bono Clinic or participating in various COVID-19 relief activities and programs over the summer.
Please join us in thanking all our AABANY Student Leaders. We also recognize and thank Will Lee, Vice Chair of the Student Outreach Committee, for his leadership in bringing together our Student Leaders and helping AABANY channel their talents and energy to benefit the New York Asian American community.
On July 23, AABANY’s Real Estate Committee presented a CLE Program on real estate closings in the COVID-19 era. The panel focused on how the real estate market is adapting to COVID-19 through new rules and practices and detailed the current state of property transactions. Speakers included Jason Wang, Licensed Real Estate Salesperson at COMPASS, Wendy Yu, Counsel at Yu Law, and Jane Chen, Associate at Forchelli Deegan Terrana LLP. The program was moderated by Margaret Ling, co-chair of the committee and Senior Counsel at Big Apple Abstract Corporation.
Margaret Ling began the panel with an update on the current New York state real estate legal landscape. This included the 202 executive order mandate by Governor Andrew Cuomo, declaring a state of emergency to permit only essential businesses. As a result, most real estate showings are now virtual and transactions are digital. Open houses are permitted only if social distancing measures are maintained.
Jason Wang spoke on his experience as a real estate salesperson at the inception of the pandemic and shared market observations. Because of at-home quarantine, buyers have begun to realize what they want in a home property and so there is a continued demand for property. Additionally, residents who fled New York City during the pandemic on-set may return in the near future and strengthen the real estate market.
Wendy Yu then outlined client protection concerns during virtual transactions. This includes taking into account that many buyers are now making offers without ever seeing property in person, emphasizing the need to place buyer protection clauses in contracts. Other considerations involve death clauses, in case that one party is no longer capable of continuing the transaction, as well as maintaining a flexible approach, so that either seller or buyer may be granted extra transaction time in case of pandemic-related challenges.
Jane concluded the panel by providing insight into co-op property transactions. Specifically, co-op boards that typically meet on a regular basis are now meeting less frequently, making it difficult for potential buyers to be interviewed for acceptance. Furthermore, because co-op boards are responsible for serving the interests of all building residents, it is important for interested buyers to keep in mind the visitor restrictions that exist in these communities.
Thank you to speakers Jason Wang, Wendy Yu, and Jane Chen for their time and insight, and Margaret Ling for moderating. Those interested in learning more about AABANY’s Real Estate Committee can do so here.
Jane Jeong shares her reflections on the effects of COVID-19 on our day-to-day lives.
I had a really, really good feeling about 2020. On New Year’s Eve 2019, after billing my final hours of the year (I had gotten roped into a Christmas-Grinch corporate merger that finally signed that morning), my boyfriend and I wrapped up the old decade grabbing a cozy dinner with friends in Chelsea, dancing until seven AM at a rave in Brooklyn, refueling at a 24-hour Subway on the way home, and then sleeping the day away like two blissful college freshmen without a care in the world. We woke up only to grab dinner in the West Village, where the quiet streets marked a sobering contrast to all the festivities the night before.
During that dinner, like the two optimistic overachievers we are, we shared several New Year’s resolutions we each had on deck for 2020. My personal list was ambitious: I wanted to find a new job, exercise more regularly, publish my writing, meditate every night, and send my parents on a cruise to celebrate their recent retirement. I hoped to hike Machu Picchu and go to Burning Man for the first time. I already had five weddings, two conferences, two law school recruiting trips, four weekend getaways, and one bachelorette party penciled in my calendar ahead. I had a really, really good feeling about this year, I told him—it was a fresh start of a new decade, and it brimmed with nothing but hope and exciting possibility.
… Well, I guess there is always next year.
There is no way we could have predicted how stunningly our day-to-day lives were about to change just weeks after that dinner. Even among the most fortunate or optimistic of us, there is no denying the emotional toll it has taken to face the stupendous degree and speed by which we parted with our pre-COVID lives. We have all been grieving some kind of loss lately:A loved one, a daily routine, a sense of normalcy or security or freedom, a job, a friendship or relationship, a sense of human connection, vacation plans, wedding deposits, graduation celebrations, our physical health, our mental health… and everything else in between.
My own COVID grief feels like a full-time job sometimes. In my thirty-one years, I have never been more keenly aware of the fragility of life—of just how little control and security we ever had to begin with (despite all the stories we tell to assure ourselves otherwise). There are the big, soul-shattering losses I mourn—like the thousands of lives we have lost and the countless families who are forever changed. I mourn for those of us who suffered alone in quarantined hospital beds during their final hours. I mourn for all the carefree memories and quality time we otherwise would have shared with those we love this year.
And then, of course, there are the smaller losses I miss—the little everyday freedoms I had once taken for granted—like those dinner parties filled with laughter and dates at cute West Village restaurants and sweaty Brooklyn raves and everything else that had all been so ordinary to me just seven months ago. I miss hugging people wherever I go. I miss wearing real pants. I miss old New York—the one brimming with pedestrians, 24-hour subways, rooftop parties, workout classes, bars, restaurants, yoga studios, coffeeshops, comedy shows… and every weird thing we could possibly imagine and then some. I miss the endless plans we used to make, things we used to do, strangers we used to meet.
Depending on the hour or day, I process our losses with varying degrees of grace.Sometimes, I relish the new normal: I appreciate the pockets of time we have gotten back in our days—all those dead minutes we used to pass idling in traffic or blow-drying our hair in the mornings—that now allow me to squeeze in some extra sleep and exercise and Netflix binges. I am grateful for the unexpected opportunity to work side-by-side with my new COVID officemate (and boyfriend, co-chef, roommate, breakfast-lunch-dinner-buddy, haircutter, lover, workout partner, quarantine buddy… all in no particular order). I appreciate how much easier it is now to eat healthier (since we cook most of our meals these days), to save money (it turns out doing nothing is pretty cheap!), and to find pleasure in the utterly mundane things (like rearranging our Tupperware cabinet).
Many days, though, I can’t help but feel like I am trapped in some kind of torturous Westworld loop, in which time is rendered meaningless and every day seems like an exact replica of the one before. July feels exactly like May and May felt exactly like March. I can’t help but dwell on all that we lost—both big and not big—that made the day-to-day once seem more exciting and brimming with promise. I often feel bored, isolated, trapped, lonely, frustrated, and desperate for normalcy again. I feel like I am stuck living at work instead of working from home. I genuinely can’t help but wonder if my youth is passing me by—with my days and weeks and months all bleeding together—all the while as I am stuck at home with nowhere to go.
But maybe… that is exactly the point. Perhaps there was nowhere to go in the first place.
This thought struck me on yet another nondescript Saturday night however many weeks ago (again, who’s counting anymore?), when I was curling up with my journal and realizing just how eerily still my life had become. Maybe this was a natural result of sheltering in place for the better part of this year. Or maybe all those attempts to meditate are actually working. Still, this new quiet is particularly weird for me, because “still” has never been the soundtrack to my life. My pre-COVID self was constantly on the move—always working, always going, always doing. My calendar was jam-packed with brunches and work and workouts and coffee dates and birthday celebrations and dinner parties (sometimes all of the above, all in one day). Even at work, I had my own workstation set up in my best friend’s office so I could avoid sitting alone in mine all day. For any pockets of downtime I had to sit with myself, I filled the quiet with FaceTimes, group chats, podcasts, yoga videos, books, errands, TED Talks—anything to avoid my own solitude. I was rarely, if ever, still.
A part of this is rather natural; I am an extreme extrovert and social butterfly by nature. But I would be lying if I didn’t now wonder whether there had been something more to this. Because for most of my teens and twenties, I never felt quite at home in my own skin. My mind was simply not the kindest place for me to live—and how could it be, when I was the only one in this world who knew all of my flaws and insecurities and mistakes? I was so exacting in all the ways I thought I fell short—all the ways I had wished I were someone “better” than the person I actually was. So was there a part of me that was constantly on the go—over-scheduled, over-stimulated—because I was unknowingly trying to avoid my own self (and all the criticism and anxiety that came with her)? Was I truly seeking joy, or was I unconsciously avoiding pain? And, if the latter, how many disappointments and heartbreaks and mistakes could I have then avoided, had I learned to embrace my own company much earlier in my life? How many Saturday nights in my past did I unknowingly choose to distract myself—with mindless activities and the wrong people—simply because the alternative of sitting alone was too uncomfortable to bear?
I do not suspect I will fully resolve these questions anytime soon; the truth is likely complex and layered somewhere in between. However, at the very least, I am beginning to see that there may be a different, perhaps more productive, way for me to start reframing this never-ending Westworld-loop of 2020. It might not make sense, and it might be scary and isolating and lonely as hell at times, but I am being pulled to my core in ways I never could have expected. I am not sure why it took more than three decades and a global pandemic for me to learn how to nest within for the first time, but regardless of how I got here, I can try to embrace it now—boredom, anxiety, and isolation and all—and see where this path leads me.Because when will I ever again get the gift to spend this much time to be still? After more than three decades of spending my time, money, energy, mind and body on external distractions, it is about time I look within. It is about time I learn there was never anywhere else to go in the first place.
In this way, I suspect my post-COVID life will look very different from the one I had just a few months ago. With some time and distance away from what was once normal, I find myself re-evaluating everything and stripping my life down to the very basics. I am learning I do just fine without all that makeup or pedicures or professional-grade haircuts or six-dollar lattes. I am outgrowing certain friendships and deepening others. I am exploring new recipes (like the perfect avocado toast) and hobbies (like acrylic painting) and DIY haircut tricks (my boyfriend is a good guinea pig). I am slowly mastering the art of doing nothing (and not feeling guilty about it). I am reading more and talking less. I am learning to trust in the disarray, even when I do not understand it.
I am growing and toughening up as we speak—and, if I may presume, I am not the only one. There are little, gentle reminders all around us of our boundless resilience throughout this weird and lonely time. There is my friend Meg, whose marriage crumbled in the early stages of quarantine and is now learning to live alone for the first time in thirteen years—all the while juggling a full-time job and a two-year-old daughter. And then there is Erin, who—after rebounding from a scary bout of COVID and is now seeking to reinvent her second chance at life—decided once and for all to trade in her fancy lawyer job and fancier Brooklyn apartment for the rustic charms of New Hampshire. There is also Dan, who lost both his job and girlfriend in March and—after nursing a badly bruised heart for the last couple of months—is now embracing this opportunity to finally launch that consulting business he had dreamed about since college. In this way, all our grief and fears notwithstanding, there have been unexpected opportunities this year for many of us to dive deep within ourselves and shed what was not meant to be—a relationship going nowhere, a toxic friendship, an unfulfilling job—and write the next chapter for ourselves ahead. We are learning to Marie-Kondo our lives from old attachments—to things, friendships, relationships, habits, jobs, cities, apartments, hopes and dreams—that no longer serve us.
I may no longer boast about that really, really good feeling I had about this year… but, at the end of the day, I still choose hope. And this is not to say that the storms won’t continue to rage on—we are in week who-knows-what of COVID, and there is no telling how much further we have left to go or even how much worse this may get. Our losses may continue to compound for a painfully long time. However, if I may try to find any silver lining here, perhaps it is this: Despite all the pain and senseless loss,we are still surviving. We are still evolving. Wherever we are, whoever we are, we are pulling ourselves through something we do not understand—and maybe that is precisely the test here. What we do with this opportunity, then, depends entirely on us.
Jane Jeong is an attorney at Cooley, writer, yogi, dog-lover, and former Wall Street analyst and fitness instructor. She is a graduate of Yale College and Harvard Law School. She lives in Manhattan.