Tag: covid-19

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AABANY Relaunches Pro Bono Clinic Remotely to Assist Asian Pacific American Community

During this period of upheaval caused by the evolving Covid-19 pandemic, the Asian American Bar Association of New York (“AABANY”) will be reopening its pro bono legal clinic in a remote capacity to continue aiding the Asian Pacific American community with legal issues including: immigration, housing, employment, family, and elder law. To promote the remote clinic as well as other rich resources relating to the Covid-19 pandemic that AABANY has developed, student volunteers will be going door-to-door this Friday, July 3, to share informational flyers with Asian neighborhood small businesses and residents in Manhattan and Queens.

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. In response to the COVID-19 pandemic, AABANY’s walk-in clinic hours unfortunately had been suspended indefinitely. However, individuals from the Asian Pacific American community can now call and request remote assistance from volunteer attorneys by phone.

Student volunteers from the Asian Pacific American Law Student Associations (“APALSAs”) of NYU, Brooklyn Law, Cardozo, Columbia, CUNY Law, Hofstra, New York Law School, St. John’s, Fordham, Cornell, and Harvard have been working hard to promote the clinic and AABANY’s compilation of Covid-19 related resources via social media and email through their networks and community contacts. On Friday, July 3, they will go into the neighborhoods of Chinatown, Koreatown, Woodside, and Elmhurst to directly get the information out to the community.

“During these unprecedented times, there is a tremendous need for free legal assistance.  Many cannot even afford to meet their basic needs and yet they still face many legal issues with nowhere to turn. I applaud the Asian American Bar Association of New York for offering this much needed service to the immigrant community and the community at large,” says New York Committeewoman Sandra Ung, who in March was set to open the Queens expansion of the Pro Bono Clinic in Downtown Flushing until the shutdown was announced.

“The serious challenges brought on by COVID-19 have severely impacted the APA community in New York,” states AABANY President Sapna Palla. “AABANY’s Pro Bono Clinic has served the APA community for many years before COVID-19 with competent legal services and information, overcoming linguistic, cultural and financial barriers. AABANY is pleased to be able to continue the vital work of the Pro Bono Clinic through remote operations, with proper regard for the health and safety of our community members, so that we can continue assisting them with their legal issues during these unprecedented times.”

See the flyer below for more information and how to contact the clinic for assistance. Check out https://www.aabany.org/page/covid19 for additional resources.

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Court System Mandates Screening of Courthouse Visitors due to COVID-19

Beginning July 6, 2020, the Unified Court System will require all courthouse visitors to participate in questioning and a temperature screening. The changes come as New York begins to re-open and adjust following the COVID-19 pandemic.

A uniformed official will take the temperature of all visitors, including attorneys, witnesses, spectators, prisoners, law enforcement officials, and others, with an infrared thermometer, which requires no physical contact.

Visitors will be asked if in the last 14 days, the visitor has (1) experienced fever, cough, shortness of breath or any other flu-like symptoms; (2) tested positive for COVID-19 or been in close contact with anyone who has tested positive; (3) returned from travel internationally or from states covered by Executive Order 205.1.

If the visitor registers a temperature of 100º or below and answers ‘NO’ to the aforementioned questions, they will be permitted into the courthouse. If a higher temperature is recorded or visitors answer ‘YES’ to any of the questions, the courthouse will request additional information for the visitor and will not be let inside.

For more information or tread the complete memo, please click the image above.

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NAPABA Events Update: 2020 Convention Going Virtual

Dear NAPABA Community,

As a result of the ongoing COVID-19 pandemic and in consideration of the safety and well-being of our members and attendees, NAPABA has postponed all in-person events for the remainder of 2020—the Regional Conference in Charlotte, NC and the NAPABA Convention in Los Angeles, CA. 

NAPABA is planning a dynamic virtual conference in place of the 2020 NAPABA Convention scheduled for Nov. 5-8. We know that the need to connect is powerful, even more so during these unprecedented times. We pledge to use this opportunity to expand the breadth of our reach and explore new ways to keep you informed, engaged, and connected on a global scale.

You will have an exceptional opportunity to visit with old friends and meet new ones, hear recognized experts share insights, identify new business opportunities, and further propel your career trajectory—all from the safety and comfort of your home. The NAPABA virtual experience will be a unique and engaging forum that will bring our community together and serve to touch and inspire each one of us—a NAPABA FOR ALL!

More information about NAPABA’s virtual conference in November will roll out over the summer as we finalize the details. Please make plans to join us for the largest virtual gathering of Asian Pacific Americans attorneys and law students—without the airfare add-ons and travel-sized toiletries.

Thank you for your commitment and support of NAPABA.

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AABANY Publishes Flyer with COVID-19 Legal Relief Resources

On June 16, AABANY published a flyer with a comprehensive list of digital resources for those seeking legal relief arising out of COVID-19 related issues.

The flier provides links for resources in multiple areas, including Small Business Labor and Employment, Restructuring and Bankruptcy, and other pages listing more general information, such as knowing your rights if you encounter anti-Asian racism or harassment and frequently asked questions.

Many of the resources are available in other languages, including Mandarin, Cantonese, Korean, and Japanese.

Click on the image above to access the flyer as a PDF, which includes embedded links to the resources mentioned above.

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Model Minority vs Covid-19: Education through Crisis, For Asians in America

Date: Wednesday, June 17, 2020 | Time: 4PM to 5PM

This event will be broadcasted via Facebook Live on the Queens Memory Facebook Page, www.facebook.com/queensmemory.

Covid-19 has sparked an increase in racism against East Asians in America, whether immigrant or native born. However, racism against all groups of Asian descent has been around for much longer, with racist stereotypes and the model minority myth. Join Queens Memory and partners for an online discussion about the current higher educational experience for Asians in America, who are facing the continuously evolving challenge of racism. Also to be discussed is how Asians in America can provide ally-ship and solidarity to other groups that are experiencing racial oppression.

Moderator

  • Frank Wu, President-Designate, Queens College/CUNY

Panel

  • Joyce Moy, Executive Director, AAARI-CUNY
  • Vivian Louie, Director, Asian American Studies Program & Center, Hunter College/CUNY
  • John Chin, Professor, Urban Policy and Planning, Hunter College/CUNY
  • Madhulika Khandelwal, Director, Asian/American Center, Queens College/CUNY
  • Student Representative from the Student Council, Asian/American Center, Queens College/CUNY

Program sponsored by the Queens Memory COVID-19 Project of Queens College and Queens Public Library, Queens College Asian American Center, and Asian American / Asian Research Institute – City University of New York

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Family & Elder Law Committee Hosts Second General Interest Meeting

On June 10, AABANY hosted another general interest meeting, this time over Zoom, to discuss the formation of a  Family & Elder Law Committee. AABANY members Beatrice Leong, S. Yan Sin, and May Wong, who all practice matrimonial law, said they proposed creating this committee because they noticed a lack of Asian Americans in the field.

Despite AABANY’s history of over 30 years as a bar association, there have been no committees dedicated to matrimonial law, family law or elder law. The Family & Elder Law Committee aims to focus on issues pertaining to divorce, custody, child support, domestic violence, guardianship, estate planning, abuse/neglect, pre- and post-nuptial agreements and a host of other areas. As a committee focused on specific areas of law, the group would be able to provide support to the general membership – and even those who may not be  AABANY members –  by connecting them with lawyers who specialize in these fields and with other resources. The committee would also serve as a way to raise awareness about these areas of law which are more directly related to helping individuals.

During the webinar, Beatrice, Yan and May shared a short presentation detailing the goals and benefits of their proposed committee, as well as giving an overview of  what family law and elder law entail. The webinar co-hosts also addressed the new challenges that have surfaced due to COVID-19 and detailed the ways they were adapting to the changes in the legal field. 

Also in attendance was Pauline Yeung-Ha, an elder law and estate planning attorney who also supports the formation of this new committee. Elder law focuses on helping older adults with the preservation of wealth during one’s lifetime, aiding the elderly in issues related to health care, government benefits, guardianship and more. Estate planning, on the other hand, is centered more around the distribution of assets after one’s death. The two fields intersect heavily, Pauline said, requiring both extensive legal knowledge and the skill set of a social worker. With COVID-19, especially because of its tremendous toll on the older population, her work has been even more difficult than normal, filled with lots of urgent situations often regarding healthcare proxies or home attendants. 

Following the presentation, the hosts opened up the webinar for a brief Q&A session, where they each explained what drew them to the type of law they practice and why they continue to be so passionate about their field. Although working at separate firms, Beatrice, Yan, and May agreed that being able to guide someone through the most difficult times in their lives — both on a legal and personal level — is what makes their jobs so fulfilling. Bringing knowledge in from a variety of fields, including social work and psychology, has allowed people to entrust them with their most valuable assets: their family and their money. 

Pauline shared a similar sentiment, also noting how underserved elder law and estate planning tends to be. She particularly likes the fact that her job allows her to help people, and often requires her to piece together a puzzle from a host of incomplete stories, ultimately aiding older adults financially, while also connecting with and supporting them through a very emotional, sensitive process. The attorney-client bond has been so strong that Pauline still goes out to dimsum with some of her past clients.

To learn more about this committee-in-formation, or to find out how you can get involved with establishing it,  please contact Beatrice Leong ([email protected]), S. Yan Sin ([email protected]), May Wong ([email protected]), or Pauline Yeung-Ha ([email protected]). 

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AABANY’s Pro Bono Committee Hosts a Remote Clinic Introduction Meeting

On Thursday June 4th, AABANY held a virtual introduction meeting for its Pro Bono Legal Advice and Referral Clinic. Since 2015, the Clinic provided in-person consultation to those with legal questions in Manhattan, Brooklyn, and Queens on a walk-in basis or by appointment. Due to COVID-19, these operations have been suspended.  In order to continue serving community needs, the Pro Bono Clinic is transitioning to a remote clinic by setting up a telephone hotline for volunteer attorneys to provide legal information and referrals to all individuals. 

Judy Lee, Pro Bono Committee Co-Chair, and May Wong, a Pro Bono Clinic volunteer, led the meeting and discussed logistical concerns, such as how attorneys will be paired with the callers, the intake forms to maintain records, and the coordination of language interpretation. This will be a challenge during unprecedented times.

Judy and May also focused on confidentiality, how volunteers can best assist callers by being understanding and respectful, and how to use IRAC to answer the questions. They posed a housing and COVID-19 related hypothetical of whether a tenant who moved out from the apartment without providing 30 days’ notice to the landlord can recover his or her security deposit. After presenting the question at hand, they provided sample responses to show that many attorneys may have different approaches in solving the problem but at the same time the tenant is directed to the proper forum to seek relief.

The volunteers may not always know the answers to the caller’s issue but AABANY provides experienced coordinators, training materials, and CLEs to help. For example, such information can be found at: 

Anti Asian Violence – Know Your Rights:

COVID-19 Small Business Relief:

AABANY Covid-19 Resources: https://www.aabany.org/page/648

If you were unable to attend the meeting, you can view the recorded session at https://youtu.be/9FSmNG_Vfxw. We strongly encourage you to consider joining the Remote Clinic.

Please contact [email protected] for more information. To learn more about the Pro Bono and Community Service Committee visit https://www.aabany.org/page/117.

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SupChina CEO Webinar Series: Lorna Davis

On Thursday, June 11, SupChina will be hosting an installation of their CEO Webinar Series. Thursday’s discussion will be with Lorna Davis, former CEO of Kraft China and Danone North America. Davis, with more than 20 years of experience in the consumer goods industry, will be leading a conversation regarding COVID-19’s effects on the food business and food security in China.

The event will be moderated by the SC Johnson Professor in Sustainable Global Enterprise at Cornell University Johnson School of Business Christopher Marquis. 

To purchase tickets and find out more about the event please visit https://events.supchina.com/ceowebinarjune11/. AABANY members who plan on attending can get $10 off with a discount code; please email [email protected] if you are interested. 

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AABANY Co-Sponsors: COVID-19: Relief for Small Businesses Webinar Series Part 2 (Bankruptcy and Restructuring)

On May 28, the Asian American Bar Association of New York (AABANY) co-sponsored “COVID-19: Relief for Small Businesses Webinar Series Part 2” as part of a series dedicated to helping small businesses mitigate financial losses in light of COVID-19. The presentation discussed the various economic relief packages passed under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Payroll Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL), as well as how Chapter 11 bankruptcy and the Small Business Reorganization Act can help small businesses ensure long-term financial stability. The webinar featured William Hao, Counsel at Alston & Bird with extensive experience in bankruptcy, litigation, and out-of-court restructuring and Treasurer of the AABANY Board. The presentation was moderated by William K. Lee, an associate at Alston & Bird LLP and AABANY member.

The presentation began by addressing the various relief packages currently available to small business owners, specifically those regarding eligibility requirements and application information. Small businesses need to submit their payroll processing records, tax filings, Form 1099-MISC, and other supporting documentation to be eligible to receive the PPP principal loan. The loan amount will be the lesser of either $10 million or 2.5 times the average monthly payroll based on 2019 annual statistics. The deadline for PPP loans is June 30, 2020 but will likely be extended for the next round of funding. As for EIDLs, eligible small businesses must have suffered economic injury in connection with COVID-19 and have an acceptable credit history that demonstrates an ability to pay back loans. Businesses may receive a principal loan amount of up to $2.5 million that can only be used to pay for expenses the businesses would have paid for even if the disaster had not occurred with an interest rate of 3.75%.

The presentation also discussed how filing for Chapter 11 bankruptcy could help small businesses reduce debt, restructure certain obligations, and come out of bankruptcy a more financially stable company. Filing for Chapter 11 bankruptcy allows owners to retain ownership of their businesses by restructuring their internal operations and finances, while incentivizing creditors to negotiate a more favorable reorganization plan. However, heavy legal expenses and other administrative requirements have traditionally blocked smaller businesses from being able to file for Chapter 11 bankruptcy. Under the Small Business Reorganization Act, many of the barriers that have deterred small businesses from filing Chapter 11 bankruptcy have been removed by allowing small businesses to qualify as Subchapter V debtors. By filing under Subchapter V, small businesses would not need to incur the significant legal expenses associated with forming a creditors’ committee, paying the appointed trustee, and filing for a disclosure statement. In addition, the Small Business Administration has raised the aggregate noncontingent, liquidated debt limit from $2,725,625 to $7,500,000, and has expedited the process for filing Chapter 11 bankruptcy.

The discussion also provided guidance on the process of filing for Chapter 11 bankruptcy. Small business owners should seek out a lawyer to help prepare and file a petition along with other potential filings such as an initial affidavit. An automatic Subchapter V trustee is appointed upon filing the petition and will formulate a plan to address outstanding debts. 

Debtors should also prepare for court appearances such as Section 341 meetings, during which creditors can come and ask questions regarding company finances and status conferences between all parties to discuss progress toward developing a restructuring plan. These plans must contain a brief history of the business operations of the debtor; an analysis of how much money the company is worth if all of its assets were immediately liquidated; a valuation of future profitability if the company was allowed to continue operating; and any relevant forms. Plans must also outline how to manage and pay various classes of claims and interests including administrative expenses, priority claims, secured claims, general unsecured claims, and equity interests. Secured creditors can be paid over time and can be paid at a potentially lower interest rate whereas unsecured creditors must complete repayment within five years and all income not allocated for the maintenance of the company and basic personal living expenses of the debtor will be applied to make payments. If the plan is mutually agreed upon by all parties, the debtor will pay regular installments to creditors and any liability for debts is waived upon confirmation of the plan. If the plan is nonconsensual, the appointed trustee will make regular payments on behalf of the debtor, and liability is waived upon the completion of payments.

We thank William Hao and William Lee at Alston & Bird for helping to organize this webinar series and for their demonstrated commitment to helping small business owners affected by COVID-19. To learn more about AABANY’s Commercial Bankruptcy & Restructuring Committee, visit https://www.aabany.org/page/353. For any specific details, please refer to the video above.

If any attorneys would like to volunteer with AABANY to assist small business owners adversely affected by COVID-19, please contact [email protected].

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AABANY Hosts “Fortune 500 General Counsel Panel: Leadership During Crisis Webinar”

On May 21, the Asian American Bar Association of New York (“AABANY”) presented its “Fortune 500 General Counsel Panel: Leadership During Crisis,” part three of NAPABA’s General Counsel Webinar Series. The event highlighted prominent General Counsels working in various industries and discussed the impact of COVID-19 in the workplace along with advice for aspiring General Counsels. The panelists included Damien Atkins, General Counsel of the Hershey Company; Peter Beshar, Executive Vice President and General Counsel of Marsh & McLennan; Elisa Garcia, Chief Legal Officer and General Counsel of Macy’s; David Hyman, General Counsel and Company Secretary of Netflix; Alan Tse, Global Chief Legal Officer and Corporate Secretary of JLL; and David Yawman, Executive Vice President of Government Affairs, General Counsel and Corporate Secretary of PepsiCo. The panel discussion was moderated by Michael Wu, Chief Legal Officer and Corporate Secretary of Madewell.

The panel discussed the immediate challenges faced by General Counsels in light of the current pandemic and the transition to an online work environment. Emphasis was placed on adaptability and flexibility as General Counsels and legal departments across all industries have had to quickly put together plans for long-term financing and shifts in day-to-day operations. This emphasis on adaptability also stresses greater cooperation between the legal team, the board of directors, and C-suite executives in forming a coherent strategy in both dealing with the pandemic and also pursuing non-COVID-19 related objectives. As Alan Tse stated, companies are, more than ever, looking toward their legal teams for leadership in navigating through economic uncertainty and changes in corporate governance.

Additionally, the importance of communications and integrating technology into the workplace are vital as General Counsels need to be able to coordinate all the moving parts of the company in making the localized decisions necessary to ensure compliance with local regulations and sustainable growth. While it is important to have contingency plans during times of crisis, General Counsels need to be vigilant and flexible in their approach toward unpredictable and complex problems in the future. Peter Beshar stated that General Counsels should also prioritize “collective cyber resilience, not just of our company, but of broader society” by protecting critical online communication channels. Additionally, General Counsels should form effective response plans to prepare companies from destabilizing cyberattacks.

Recent changes in legislation and the regulatory environment have also driven General Counsels to be more proactive in how they view the relationship between what David Yawman describes as the “great continuum… between the legislative environment and policy issues coming out of societal trends.” Ultimately, General Counsels should recognize that changes in corporate governance are facilitated by both government legislation and company policies and that, as legal professionals, they have a crucial role to play as both a guide for their clients and a trailblazer for corporate policy.

Lastly, the panel discussed efforts to promote diversity within their organizations and the role General Counsels play in ensuring inclusion in the workplace. Inclusion championship should be a fundamental, core value of corporate governance and thus, should be, as David Hyman describes, a “top-down” process embodied by all corporate executives. Individuals and legal teams should be empowered to take initiative in leading pop-up conversations and workshops that champion inclusive leadership that stresses not only diverse participation, but diverse leadership. Companies should also hold individuals accountable and translate inclusion policies into action.

The panel attracted more than 500 registrants, making it the single biggest AABANY Zoom meeting to date. Attendees were eligible to receive 1.0 New York CLE credits, with 0.5 credits fulfilling the Diversity, Inclusion, and Elimination of Bias requirement and 0.5 credits fulfilling the Law Practice Management requirement. We thank Michael Wu for organizing the panel and for moderating a highly informative and substantive discussion. We thank all the speakers for sharing their insights, knowledge and perspectives. The event was covered by Corporate Counsel. Read the article here (Law.com subscription required).

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