On April 12, as representatives of the Asian American Bar Association of New York, President-Elect Benjamin Hsing and Executive Director Yang Chen attended an AI Symposium at Cornell Tech on Roosevelt Island hosted by New York State Attorney General Letitia James. The symposium covered a range of timely topics, including opportunities presented by generative AI, the risks and concerns posed by this transformative technology, and how generative AI might be used to enhance the lives of people in New York State.
The symposium was convened to explore the role of law in dealing with the challenges posed by generative AI even as its potential continues to develop. Many of the panelists came from the academic sector, and a future symposium is planned to include voices and thoughts from the business sector.
We thank the Attorney General for inviting AABANY to participate in shaping this discussion.
The Asian American Law Fund of New York (AALFNY) is pleased to announce that recipients of its 2024 Public Interest Scholarships will now be entitled to receive up to $6000. Awards are given each year to up to 3 law students with a demonstrated commitment to serving the Asian American community in New York State and the greater New York metropolitan area.
The online application is available at https://www.asianamericanlawfund.org/public-interest-scholarship-online-application/. Applicants should include a description of their proposed summer public service project, if applicable, and the name, email address and phone number of a supervisor at the public service organization or other organization that the AALFNY Scholarship Committee may contact. Confirmation of the public service project is not required at the time of the application but will be required before the award of the scholarship. Applicants are responsible for arranging their own projects. A list of organizations that have hosted students in the past is on our website https://www.asianamericanlawfund.org/prior-community-scholarship-recipients/. The list is only provided as an example and no guarantee is made that the organizations will continue to host students in 2024 or that volunteering at one of these organizations entitles the applicant to a Scholarship. Each student is expected to volunteer at least 8 weeks, 35 hours per week, during the summer of 2024 at such project and to apply the award to the payment of law school tuition.
The purpose of the award is to assist law students with their tuition while encouraging them to use their legal knowledge and training to benefit the Asian American community in New York and to foster commitment by law students to public service in New York. Since 1997, AALFNY has funded more than 60 public interest scholarships to law students.
AALFNY was established in 1993 by the Asian American Bar Association of New York to create and support non-profit and charitable efforts to eliminate prejudice and discrimination and to defend human and civil rights.
A copy of our latest annual report may be obtained from AALFNY at P.O. Box 161, 41 Purdy Ave., Rye NY 10580 or from the NY Attorney General’s Charities Bureau website www.charitiesnys.com. Information may also be obtained from AALFNY at [email protected] or the NYS Attorney General at 212-416-8686.
Last week, Governor Kathy Hochul and the New York State Division of Human Rights’ (DHR) Hate and Bias Prevention Unit (HBPU) announced the launch of a new phone hotline 844-NO2-HATE and online form to report hate and bias incidents.
HBPU encourages all New Yorkers to contact the Unit if they or someone they know has experienced a hate or bias incident. This reminder comes as Jewish, Muslim, and other communities across New York State face prejudice in the aftermath of the horrific violence in the Middle East.
In addition, HBPU stands ready to offer a wide range of assistance to community members, including support in filing complaints, organizing educational programming, hosting community dialogues, providing conflict resolution, and more.
“The Division of Human Rights will continue to work to ensure New Yorkers can live with dignity, fulfill their potential, and participate fully in the life of the state. Antisemitism and anti-Muslim hate has no place in our communities. It’s vital that we address hate here at home, and work with our neighbors and communities to build a better world, filled with love for all,” said Commissioner Maria L. Imperial.
Launched by Governor Kathy Hochul in December 2022 and chaired by Lieutenant Governor Antonio Delgado, HBPU has established 10 regional Hate and Bias Prevention Councils across the state. The councils are comprised of a diverse network of stakeholders that include community and faith-based organizations, law enforcement, and other advocacy groups. HBPU also oversees a rapid response initiative, which offers support to communities impacted by hate or bias incidents, and will soon be launching a youth initiative. More information about HBPU can be found at dhr.ny.gov/nohate.
AABANY encourages its members to become involved in the New York State Attorney Emeritus Program (AEP) this year. The AEP is an initiative of the New York State Unified Court System to promote pro bono civil legal service by senior attorneys. AEP, endorsed by Chief Judge Rowan D. Wilson, presents a substantive opportunity for AABANY members to give back and look out for its New York community.
AABANY recognizes the importance of pro bono legal services to ensure fairness in our courts and assist individuals who cannot afford lawyers. Due to the COVID-19 pandemic, New York’s civil justice gap has grown significantly, leading to increased demand for civil legal services in areas such as housing, consumer debt, unemployment benefits, and family law. Through the AEP, senior attorneys who volunteer will provide vital access to justice for New Yorkers facing essential life challenges.
To volunteer, AEP seeks lawyers aged fifty-five or older, retired or still in practice, in good standing, and with ten years experience. Attorney Emeritus volunteers commit to performing 60 hours of pro bono work with an approved legal services organization or court program over the two-year attorney registration period.
Attorney Emeritus volunteers also receive benefits including up to 15 CLE credits and special recognition from Chief Judge Rowan D. Wilson and Deputy Chief Administrative Judge Edwina G. Richardson-Mendelson.
AABANY co-sponsored the Inaugural Hon. Randall T. Eng Award Program on May 31, 2023, organized by and held at the Appellate Division, Second Department of the Supreme Court of the State of New York.
Congratulations to Hon. Randall T. Eng, Retired Presiding Justice of the Appellate Division, Second Department for this award named in recognition of his tremendous and trailblazing career and impact on the AAPI community.
Congratulations to Congresswoman Grace Meng, 6th Congressional District. As the first and only Asian American Member of Congress from New York State, it is only fitting that she is the first recipient of the Hon. Randall T. Eng award. Congresswoman Meng’s advocacy for the AAPI community is impactful and far-reaching and AABANY applauds her tremendous work and service, including her work towards the creation of a national museum of Asian Pacific American History and Culture.
Congratulations to Presiding Justice Hector D. LaSalle and the Appellate Division, Second Department with the successful launch of the Hon. Randall T. Eng Award Program.
The Program included remarks from:
Hon. Lara J. Genovesi, Associate Justice, Appellate Division, Second Department
Hon. Hector D. LaSalle, Presiding Justice, Appellate Division, Second Department
Letitia James, New York State Attorney General
Melinda Katz, District Attorney of Queens
Hon. Lillian Wan, Associate Justice, Appellate Division, Second Department
Karen Kim, President, AABANY
Chief Judge Hon. Rowan D. Wilson was also in attendance, as well as the distinguished judges of the Appellate Division, Second Department, and Brooklyn District Attorney Eric Gonzalez. We would also like to extend our appreciation to the Associate Judges of the Court of Appeals, Hon. Madeline Singas, Michael Garcia, and Anthony Cannataro, for their attendance.
It was a privilege to collaborate with the Hon. Lillian Wan and the co-sponsoring bar associations: KALAGNY, FALANY, SABANY, MUBANY, and SAICBAQ. This event provided a meaningful and memorable way to celebrate and close out AAPI Heritage Month.
On October 28, 2021, AABANY’s Membership Committee, together with the Career Placement Committee and IP Committee, hosted the first annual Founders’ Day at Broadridge’s New York office in midtown Manhattan. Surrounded by dramatic views of the New York skyline, the event celebrated AABANY’s thirty-second year as an association serving AAPI legal professionals and the AAPI community. This celebration honors the founders who helped form AABANY in 1989. Hon. Doris Ling Cohan, Hon. Marilyn Go, Sylvia Chin and Rocky Chin joined the party as honorees. Approximately 50 members and friends gathered together to connect and re-connect over food and drinks. President Terry Shen was joined by many Board members and Committee Chairs for the occasion. Towards the end of the party, the Governor of New York, Kathy Hochul, made a special appearance and gave remarks commending the achievements of AABANY over the past three decades, including fighting Asian hate and serving the AAPI community. As the first female Governor of New York state, she encouraged more women to enter public service.
We hope to establish Founders’ Day as an annual event. Thanks to Governor Hochul, the Founders, and the AABANY leadership for attending and making this first Founders’ Day a memorable one. Thanks also to AABANY’s Diamond Sponsor, Broadridge, for making this event possible at their beautiful space. To see more photos of the event, go to: https://photos.app.goo.gl/CmBvkiEJTY7TeSLYA
On September 22nd, 2021, The New York County Lawyers Association (NYCLA) published a press release announcing its relaunching of the Special Masters Program. A team effort among NYCLA, the Franklin H. Williams Judicial Commission, and the Unified Court System, the relaunched Special Masters Program aims at “offering a pipeline for attorneys of color, as well as underrepresented communities to volunteer in the courts and to inspire them to become part of the court system.” The hope of this program is to “increase the representation of attorneys of color in the New York State Court System.” Vincent T. Chang, former President of AABANY (2007) and now the current NYCLA President, expressed his support and praise for this new program, and stated that he is “confident that the relaunched Special Masters Program will improve opportunities for underrepresented communities to play a greater role in the courts” and that the program will “highlight the skills of attorneys who have been historically less represented in our community.” Through this unique program, Special Masters will have the opportunity to train through NYCLA’s CLE Institute, work closely with Justices within the Supreme Court, Civil Term in New York County, as well as assist judges, conduct legal research, and draft memorandums of law advising the Court on legal issues.
Application Instructions: To apply to the program, please submit your resume and a one-page letter indicating why you are interested in serving as a Special Master and how you are qualified for the role. Please email the documents to the attention of L. Austin D’Souza, the Special Masters Coordinator at [email protected] by Wednesday, November 10, 2021 at 5pm.
In our highly charged political climate today, government lawyers face unprecedented ethical challenges; they must often make decisions that clash between ethical rules and what their superiors demand. There is a growing consensus that rules are frequently unclear, but there is no agreement in how to revise them.
On October 14th, 2021, 11:00 a.m-4:00 p.m ET, the New York State Judicial Institute on Professionalism in the Law and the Commission to Reimagine the Future of New York’s Courts will be holding a virtual Convocation that will bring together outstanding professionals who have had decades of experience in government to address these critical issues and provide much needed reforms.
The Convocation will kick off with Paul D. Clement and Neal Katyal, both leading members of the Supreme Court bar who have led the U.S. Solicitor General’s office. They will speak on the ethical challenges facing today’s government lawyers and whether the government lawyer can (or should) represent both the client and the public’s interest. Three additional panels will follow and will touch on a variety of topics.
The first panel titled, “How are Government Lawyers Different from Their Private Sector Counterparts in Their Ethical Responsibilities? Let Us Count the Ways” will examine conflicts government lawyers may face when advising decision makers in the executive branch and/or the agencies they serve. The second panel titled, “The Right Recipe for Independent Candid Advice: What Should Get Thrown In? What Should Get Left Out?” will discuss what it means for lawyers to exercise independent professional judgment and render candid advice. The final panel titled “ Recalcitrant Clients: What to do When the ‘Client’ Rejects Your Advice (or Worse)” will dive deep into questions such as, “With whom does the government lawyer have an attorney-client privilege?” and “Whose confidential information should be protected?”
Please note that this event is free of charge. To register for the event please click here.
To learn more about the Convocation, please click here.
For more information regarding the Convocation Agenda, please click here.
On August 3, the AABANY Real Estate Committee presented a “Cannabis Law and Real Estate” CLE, which explored the current state of real estate in New York State, within the context of recent cannabis legalization and a growing cannabis industry. Real Estate Committee Co-Chair Margaret Ling moderated the webinar, welcoming four speakers to introduce and explain current cannabis law and real estate practices, before opening the floor for a Q&A session.
Kristin Jordan spoke first, giving a broad overview of New York State’s adult use cannabis bill, the Marijuana Regulation and Taxation Act (“MRTA”), which was passed on March 31, 2021. Kristin is the Executive Director of Asian Cannabis Roundtable, a NYC-based professional networking community for those engaged in the cannabis industry, and Founder of Mannada. She explained how the bill positioned the state’s new cannabis regulatory body under the State Liquor Authority, because developing an entirely new agency would take too long. The new body comprises three agencies, the Office of Cannabis Management, the Cannabis Control Board, and the Cannabis Advisory Board. She also enumerated the different kinds of cannabis licenses available under the MRTA:
Cultivator,
Processor,
Cooperative (non-profit),
Distributor,
Retail,
Microbusiness,
Delivery,
Nursery, and
On-site consumption.
In terms of New York real estate, Kristin noted that cannabis legalization and its budding industry would exact the most tangible effect on leases for retail stores, warehouses, and distribution facilities, because they provide the brick and mortar for cannabis businesses. Finally, she emphasized that since cannabis legalization is so recent, cannabis law and best practices promise a steep learning curve, with so much uncharted territory.
Steve LaFredo, Chief Banking Officer at Piermont Bank, discussed cannabis and real estate specifically as it relates to banking. He emphasized that “banks are safety, soundness, and risk organizations first”; in other words, banking is a slow industry, and it would take time for banks to adapt to the growing cannabis industry. He underscored the difficulty of navigating often differing state and federal law when dealing with cannabis businesses, though he noted that New York State has been relatively progressive, as the first state to create cannabis banking guidelines under the Department of Taxation and Finance. These guidelines aim to preserve the safety, soundness, and security of businesses involved with cannabis. Steve explained that in states that have legalized cannabis, the banking industry tiers cannabis businesses into 3 categories: Tier A, those with direct contact (e.g. growing, producing, selling); Tier B, those that derive more than 25% of their business from the cannabis space; and Tier C, those that derive 25% or less of their business from the cannabis space. Banks are most likely to be receptive to working with Tier C cannabis businesses.
Since they lie precariously between state and federal regulators, most banks have a zero tolerance policy for cannabis. Disclosure and transparency are critical for finding a financial institution with which cannabis businesses can safely operate; smaller, private banks and credit unions will be most likely to open their doors to cannabis businesses. Unfortunately, cannabis businesses are still largely relegated to cash transactions, and since mechanisms for depositing and delivering cash are scarce and expensive, banks are hesitant to get involved. After the federal decision to stand down in states that have legalized cannabis, however, banks have slowly begun entering the cannabis space. Steve expressed optimism about the future of cannabis banking.
Kathleen Deegan Dickson and Danielle Tricolla of Forchelli Deegan Terrana spoke last, focusing on the role of the law firm in the cannabis space. Kathleen is a Partner and Co-Chair of the Cannabis Group at Forchelli Deegan Terrana, and Danielle is an Associate and Co-Chair of the Cannabis Group at Forchelli Deegan Terrana. They underscored the importance of “knowing what you don’t know,” since cannabis legalization not only means new legislation but also changes to existing legislation. Specifically, cannabis legalization involves changes to Public Health Law, Penal Law, Criminal Procedure Law, Civil Practice Law and Rules, Labor Law, Vehicle and Traffic Law, and General Business Law. Like Steve, they touched on the interplay between state legalization and federal prohibition of cannabis. Devoting special attention to law firm clients interested in cannabis, they explained that “cannabis law” is a multidisciplinary practice area, since it affects real estate transactions, leasing, land use, zoning, banking, labor, and employment, among other areas.
The intersection of cannabis law and real estate presents a new and exciting business area, and AABANY thanks the Real Estate Committee Co-Chairs Margaret Ling, Wendy Yu, and Jane Chen for putting together such an informative and current event. To learn more about the Real Estate Committee, visit https://www.aabany.org/page/120.
Westchester County Bar Association in partnership with the NYS UCS Office of Alternative Dispute Resolution, and the Ninth Judicial District are assembling a Court Roster of mediators for the Supreme Court to hear civil matters, with a focus on personal injury matters. Roster Mediators will not be compensated for the first 90 minutes spent in mediation. This initial session does not include time spent in preparing for the mediation session(s). Thereafter, mediators will be paid by the parties at an agreed upon rate of up to the District’s compensation cap.
The September 14, 2021 In-Person Personal Injury Mediation Training is an advanced mediation training program designed specifically for mediators who have completed both basic and advanced Part 146 mediation training. This all-day program will provide mediators with advanced training and skills applicable to the resolution of personal injury actions. The program will provide participants with background on internal and external considerations that impact the mediation of personal injury actions and mediation techniques for addressing these considerations. This program will satisfy the requirements for “Continuing Education for Neutrals” set forth in § 146.3 and 146.5 of the Rules of the Chief Administrative Judge that require Court-appointed mediators undertake six (6) hours of continuing education every two (2) years as determined by the District Administrative Judge.
Space is limited for this training. Therefore, attendance will be prioritized for mediators who have completed 40 hours of training (basic and advanced) and currently serve or wish to serve on a NYS Court mediation roster to handle personal injury cases. This course will not guarantee designation to a NYS Court’s roster, which is subject to the District Administrative Judge’s discretion.
TRAINING APPLICATION
If you meet the above requirements and would like to be considered for this training please complete this application to determine your eligibility. Deadline to submit a completed application is August 11, 2021. You will be notified of your enrollment by September 3, 2021 and will be required to submit a registration fee at the rate of $150.00 at that time. The cost of registration will include costs for CLE credits and food. To apply for the training please click the Start Survey button below.
ROSTER APPLICATION
Mediators who wish to apply to join the Ninth Judicial District’s ADR Program roster must possess the qualifications and training as required by Part 146 of the Rules of the Chief Administrative Judge and recent experience mediating Civil cases. If you wish to apply to join our mediator roster, and have not already done so, please complete a Statewide Mediator Application.
PART 146 TRAINING INFORMATION
Mediators interested in more information on upcoming Part 146-approved training please visit the NYS UCS Office of ADR website.
Thank you very much for your time and interest. Please start the Training Application now by clicking on the Start Survey button below. Extended deadline: 8/11/2021, 7:00pm
