ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK ANNOUNCES RELEASE OF REPORT ON RISE OF ANTI-ASIAN VIOLENCE IN NEW YORK DURING COVID-19

NEW YORK – February 10, 2021 – The Asian American Bar Association of New York (AABANY) is proud to announce the release of its report co-authored with Paul, Weiss, ​A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions​. Executive editors of the report were Chris Kwok, AABANY Board Director and Issues Committee Chair, and Karen King, Vice Chair of AABANY’s Pro Bono and Community Service Committee and Counsel at Paul, Weiss. The report is dedicated to Corky Lee, who passed away on January 27, 2021 due to COVID-19. Corky was a revered photographer in the Asian American community who had been documenting the effort to combat anti-Asian violence and harassment in the wake of COVID-19. Read more here.

To read A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, click here.

AABANY and Chinatown CLT Host Successful Rent Relief Application Virtual Phone Clinic

By Nick Loh

The Asian American Bar Association of New York (“AABANY”) just concluded a virtual phone clinic to assist Mandarin and Cantonese speaking tenants in applying for the NYS Homes and Community Renewal’s (HCR) COVID Rent Relief Extension Program. This HCR program allowed NYS renters to seek a one-time rental subsidy for the months of April – July 2020. The program originally opened for submission in late July 2020, extended to August 8, 2020, and then re-opened the application process on December 18, 2020 until February 1, 2021. We assisted 83 callers in total: 87.5% of those callers had limited English proficiency, with most callers speaking Cantonese (41.1%) and Mandarin (46.4%). We handled this call volume with a dedicated team of 24 volunteers.

In response to the program’s second extension, AABANY organized a coalition to get bilingual information and resources out to the community. Articles ran in ethnic newspapers during the weekend of January 17, 2021, announcing our COVID Rent Relief Project 2.0. The goal of the project remote clinic was (1) to provide information to callers on how to apply, (2) if necessary, to have the volunteer and caller contact HCR’s Call Center together to reach an interpreter, and/or (3) to have the volunteer act as the interpreter. No legal advice or legal representation was provided.

At a time of increasing isolation due to the COVID-19 Pandemic and in the face of language access barriers for Mandarin and Cantonese speaking NYC residents, the AABANY Virtual Phone Clinic provided a welcome opportunity to build relationships in the community and provide assistance. 

AABANY would like to thank William Lee, Vice Chair of the Student Outreach Committee; May Wong, Remote Clinic Coordinator, and the Organizers of the COVID Response Law Student Team (Nicholas Loh, Xinyi Shen, and Olympia Moy). We thank the 16 law school volunteers (representing 8 different law schools) and 5 community members who made calls, waited on hold to speak to HCR, and provided this valuable assistance to the community.

AABANY would like to thank our community leaders who partnered with us in making this clinic a possibility. They include:

  • AABANY’s Pro Bono and Community Services Committee –  Co-chairs – Asako Aiba, Judy Lee, Karen Lin, and Karen Kithan Yau; Remote Clinic Coordinator – May Wong
  • AABANY’s Vice Chair of the Student Outreach Committee – William Lee
  • Roxy Chang, Community Organizer of Asian American For Equality
  • Lizzie Lee, Community Liaison from NYS Senator Brian Kavanagh’s office  
  •  Damaris Reyes, Executive Director, GOLES, Inc.
  • Jacky Wong, Chinatown Community Land Trust  

AABANY Hosts Weekly Membership Mixer Featuring the Academic Committee on January 22

On January 22, 2021, the Membership Committee hosted their weekly virtual Membership Mixer, with 20 participants in attendance. This week AABANY featured the Academic Committee represented by Co-Chairs Elaine Chiu, James Cho, Suzanne Kim, and Donna Lee. They shared with the group their career paths from being practitioners to professors, gave tips on how to become adjunct professors, and took questions about careers in academia.

This week, the ice breaker question to participants was: “What was your favorite law school class?” Participants responded that their favorite classes were property, criminal law, corporations, evidence, civil procedure, constitutional law, critical race theory, international human rights, law of international development, civil rights, and law and the movies.

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 at some of the mixers. In order to win, you must be a member and must RSVP on the calendar entry on the AABANY website to get a raffle number. Non-members can join the mixer but won’t be eligible to win a prize. 

Congratulations to Dianna Lam for winning this week’s prize: a full HD 1080p webcam with microphone and ring light! May your online courses at Fordham go smoothly, and your classmates and professors see and hear you in the best light!

Please join us on January 29, 2021 for our Meet the Board series, featuring Andy Yoo. Register by Thursday, Jan. 28, at https://www.aabany.org/events/event_details.asp?legacy=1&id=1468892.

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.

General Counsel Roundtable at the 2020 Fall Conference: Promoting Unity and Strength Through Leadership

On Friday, September 25, AABANY kicked off the 2020 Fall Conference, held virtually this year due to COVID-19. The conference theme was “Stronger Together: Unity in Diversity” and commenced with the General Counsel Roundtable program, entitled “Promoting Unity and Strength Through Leadership.” The panelists included: 

Moderator: 

  • Michael Wu, Chief Legal Officer and Corporate Secretary, Madewell, Inc.

Speakers: 

  • Vanessa Allen Sutherland, Executive Vice President and Chief Legal Officer, Norfolk Southern Corporation
  • Deborah P. Majoras, Chief Legal Officer & Secretary, The Procter & Gamble Company
  • Rena Reiss, Executive Vice President and General Counsel, Marriott International, Inc.
  • Ann Munson Steines, Executive Vice President, General Counsel and Corporate Secretary, Nordstrom, Inc.
  • Amy Weaver, President and Chief Legal Officer, Salesforce.com, Inc.
  • David Zapolsky, Senior Vice President, General Counsel and Secretary, Amazon.com, Inc.

The program followed a Q&A format and explored a wide range of topics, from the COVID-19 pandemic to Black Lives Matter and anti-Asian violence. Michael Wu started by asking the panelists how the pandemic has impacted their company operations and their outlook as organization leaders. One major takeaway was that legal departments are shifting into more generalist than specialist roles in order to adapt to crisis operations under a “rescue, recover, and reimagine” mandate. All panelists agreed that while companies and communities are currently in the recovery stage, a re-imagined world will look different from before and rely heavily on virtual and digital channels. Amy Weaver succinctly summarized that “two things are the most relevant today” to companies navigating these complex times: first, be a quick study; second, be able to make decisions quickly. 

The panelists were then asked what challenges in diversity and inclusion their companies are facing and how are they being addressed? Rena Reiss emphasized the need to carve out time and space to discuss racial issues that weren’t previously seen as polite workplace conversation. Vanessa Sutherland and Amy Weaver highlighted the snail’s pace at which financial industries and law firms operate with regard to diversity initiatives and stressed the need for immediate change. 

Michael Wu also asked about challenges Asian Americans face in corporate America, whether or not they are seen as minorities, and what advancement initiatives are in place. Panelists acknowledged the racial xenophobia and anti-Asian violence COVID-19 has wrought, and Ann Steines spoke to Black Lives Matter as an opportunity for allyship to advance the meaningful engagement of all diverse individuals in the workplace. 

At the conclusion of the program, Michael asked the panelists to give advice to diverse lawyers seeking career advancement. In response, Vanessa acknowledged the tendency of diverse attorneys to be risk-averse due to the disproportionate pressure placed on them. She encouraged lawyers of color to not be afraid to take risks, because leaders need to demonstrate that they are capable of making uncomfortable decisions.  

Ann recommended that minority lawyers consciously diversify expertise as their career progresses. “As lawyers we’re told to be experts in the areas we practice in. Then you get to a point in your career where you need to expand your horizons,” she stated. “People don’t always put their arm around the diverse candidate to tell them the advice that all the panelists have been giving today.” Ann thus highlighted the lack of formal and informal mentorship that places diverse attorneys at a disadvantage compared to their white counterparts. 

As the panel drew to a close, Michael asked the GCs to share with up-and-coming lawyers the most valuable advice they have received in their career. David Zapolsky offered the following three-part answer: First, to be business people first and lawyers second. Second, “being a lawyer is about preserving your personal credibility even if you have clients who can’t.” Finally, “if you touch it you own it.” 

The GC Roundtable is typically the highlight of the Fall Conference, and this year’s kept in line with prior GC Roundtables, offering impactful and pertinent viewpoints and guidance for all attendees. With this all-star panel the GC Roundtable kicked off another successful Fall Conference and set a high bar for the programs that followed on Saturday.

Thank you to all the panelists and our moderator, Michael Wu, for their invaluable insights on topical matters that are top-of-mind for in-house counsel and attorneys working in today’s challenging environment. To view a recording of the GC Roundtable, click here or click the image above.

Membership Committee Hosts November 20 Mixer: Happy Birthday, Francis!

On November 20, 2020, 16 participants attended our Weekly Mixer on Remo. This week we celebrated the birthday of Board Member Francis Chin, Director of Technology! His friends dropped in to wish him a happy birthday from California, Kansas, and Japan! His birthday wish is to eat at a buffet safely, without COVID restrictions. We played “Happy Birthday” for him throughout the night. Participants stayed until 8:45pm. 

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 at some of the mixers. 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. 

For our students who are studying hard for undergraduate or law school finals, please take a study break with us for one hour on Friday, December 11. Register here by December 10: https://www.aabany.org/events/event_details.asp?legacy=1&id=1420341