What is bankruptcy law? How does it differ from general litigation and transactional practices? Why do people call it “restructuring?” And how do I get a job in this amazing field?
On July 11, 2024, AABANY’s Commercial Bankruptcy and Restructuring, Student Outreach, and Young Lawyers Committees held a panel at the offices of Kelley Drye & Warren LLP to answer these questions—hopefully enticing students and junior attorneys to join the next generation of corporate bankruptcy lawyers and providing added perspectives for the benefit of current legal and non-legal practitioners in the audience.
Our all-female, all-AAPI panel of attorneys from leading law firms—Cleary Gottlieb, Kelley Drye, Mayer Brown, Sidley, and Skadden Arps—went deep. They talked about the nuances of the corporate bankruptcy and restructuring practice and why it is such an appealing field. It’s a great mix of litigation and transactional work, the panelists emphasized, the work is dynamic and varies based on the nature of one’s representation, and bankruptcy’s faster pace makes it rather exciting and provides hands-on experience earlier on in an attorney’s career. The panel also fielded various questions from the strongly turned-out audience such as what qualities make for an effective bankruptcy lawyer and why the practice tends to concentrate in New York.
What further came out of the panel and the rest of the evening was just how closely knit the bankruptcy world is. During the reception, attendees caught up with old colleagues at other firms, and new and old friends stayed long after they finished their last glasses of wine.
On July 6, 2023, AABANY’s Student Outreach Committee hosted a Students Meet Firms event, connecting law students with attorneys at Kirkland & Ellis. The Students Meet Firms series aims to connect rising second-year law students and other students pursuing law degrees with a range of diverse law firms, providing both insight into the legal profession and valuable networking opportunities.
The event, held at Kirkland & Ellis’ New York office, was moderated by Catherine Tran, J.D. Candidate, Columbia Law School ’25, and featured Partners Shaun Mathew and Kevin Lam, and Associates Keli Huang and Chrissy Pak. The panelists shared their personal experiences leading up to their current roles, what drew them to their particular practice areas, and insight into navigating on campus interviewing (OCI) in law school.
The event kicked off with panelists giving an overview the following practice areas: investment funds, shareholder activism and hostile takeover defense, mergers and acquisitions, and general corporate. The panelists agreed that the culture of Kirkland played a major role in fostering a collaborative environment. In particular, Keli highlighted how the partners of the firm welcomed associates to take on early responsibilities and were receptive to hearing her ideas. Chrissy also added that through her intensive research in law school, Kirkland stood out as one of the most diverse firms and its AAPI attorneys are represented at the highest leadership levels. Kevin underscored that Kirkland truly believes in meritocracy and has a willingness to put its resources into entrepreneurial ideas available to all its attorneys. As an example, Shaun recounted when he first joined the firm and noticed the lack of a South Asian affinity group and led the way in creating firm-wide events to bring South Asian attorneys at the firm together.
The panelists then shared their advice for the OCI process and the importance of finding the right fit. Kevin kicked off the discussion by highlighting that as much as the law firms are interviewing candidates, the students are also interviewing the law firms. Chrissy agreed by giving sample questions one could ask the interviewer to really understand the firm’s value and use the interview as an opportunity to learn whether your goals align with the firm’s. While intensive research into Kirkland and its practice areas are vital, the panelists noted how outstanding candidates demonstrated the ability to ask tailored questions. Keli recommended treating networking opportunities as building both insight into the firm and connections with people you may work with in the future. Shaun also reiterated that you are never working alone, and you never know who might be of importance to your goals.
Another factor that Kevin believes separates candidates from the crowd is having passion and authenticity in what they are doing. As the panelists stated at the introduction of the discussion, the culture at Kirkland is built on its people. By showing your critical thinking skills and authentically portraying yourself in an interview, a compelling narrative could come through in a way that is unique to each candidate. Finally, the panelists shared their experience as attorneys at Kirkland and the type of questions they would ask interviewees.
After the discussion, the panelists and participants connected over an array of hors d’oeuvres and beverages.
Thank you to the Student Outreach Committee and Kirkland & Ellis for organizing this informative program. To learn more about the Student Outreach Committee, click here. Click here to read about the prior Students Meet Firms event featuring Cleary.
On June 22nd, 2023, AABANY’s Student Outreach Committee hosted a Students Meet Firms event, connecting law students with attorneys at Cleary Gottlieb Steen & Hamilton LLP. The Students Meet Firms event series aims to connect rising second-year law students (2Ls) and other students pursuing law degrees with a range of diverse law firms, providing both insight into the legal profession and valuable networking opportunities.
The panel, held on Zoom from 7:00- 8:00pm EDT, was moderated by Siqi Li (AABANY Student Leader, Seton Hall Law School ‘24), and featured associates Chihiro Isozaki, Sharon Wang, Samson Lim, and Long Dang. The panelists gave detailed insight into navigating Cleary’s recruitment process, summer associate program, and life at Cleary as a lawyer.
The event kicked off with panelists sharing useful tips on how to succeed in the interview process. In particular, they highlighted the importance of creating a compelling narrative of yourself as an applicant. While intensive research into Cleary and its practice areas are vital, the associates noted how outstanding candidates demonstrated connections between themselves and the firm that went beyond surface superficialities. To best accomplish this, the panelists recommended that interviewees reach out for coffee chats with Cleary attorneys working in the practice areas they are interested in, building both insight into the firm and comfortability with conversations.
The panelists then shared their own experience as summer associates and highlighted Cleary’s unique global rotation program. Through the program, summer associates are given the opportunity to spend four weeks in one of Cleary’s many overseas offices, including Beijing, Brussels, Cologne, Frankfurt, Hong Kong, London, Milan, Paris, Rome, São Paulo, and Seoul. Cleary also provides many other unique opportunities for professional development, such as their “miniMBA” training program and comprehensive mentorship system.
The associates also discussed the workplace culture at Cleary and how they were drawn to the firm because of its friendly, collaborative, and intellectually stimulating environment. The panelists emphasized that work is equitably distributed at Cleary, through a central staffing system. Many associates were also attracted to Cleary’s strong international presence and the opportunity to work with sovereign governments and international institutions.
Finally, the panelists emphasized Cleary’s strong mentorship system, both on a formal and informal level. Panelist Samsom Lim shared how his relationship with his mentor continued months after he finished the summer associate program. Expanding on this point, panelist Sharon Wang discussed the diverse range of opportunities she has encountered in her day-to-day work to connect with more experienced lawyers as an associate at Cleary.
Ultimately, panelist Chihiro Isozaki emphasized that the interview process is a two-way street, where applicants are also given a glimpse into Cleary and the chance to determine if it is the right fit for them. She gives the advice for future Cleary associates to be open, honest, and vulnerable; they should really get to know people on a deeper level.
Thank you to the Student Outreach Committee and Cleary Gottlieb Steen & Hamilton LLP for organizing this informative program. To learn more about the Student Outreach Committee, click here.
Interested in attending a Students Meet Firms event? Upcoming events include:
Kirkland & Ellis: July 6th, 2023 at 6:00pm, with registration closing on July 3rd
The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. CJA Panel Members represent indigent criminal defendants and petitioners for habeas corpus.
Admission to practice before this Court is a necessary qualification for membership on the Panel. The Court seeks attorneys of superior experience and proven competence in federal appellate criminal defense work. The qualifications of attorneys applying for service on the Panel will be examined by the CJA Committee’s Attorney Advisory Group, which will make recommendations for membership on the Panel. Membership on the Panel will be for a term of one to three years, at the discretion of the Court. Attorneys currently serving on the panel need not reapply until the expiration of their present term.
Application forms for membership on the Criminal Justice Act Panel are available at the Court’s website, or by calling 212-857-8702.
A signed original application, one copy of each of your appellate briefs, and three paper copies of the completed application and your resumé, along with a CD containing both your completed applications and resumé, must be received by the Clerk of Court by 5:00 p.m. on Monday, April 3, 2023.
Please check the Court’s website periodically for CJA developments.
On July 20, 2022, AABANY’s Student Outreach Committee hosted a virtual panel discussion to provide advice on the On-Campus Interviewing (OCI) process and how to get a small and mid-sized firm job. The event, part of the Student Outreach Committee’s Pre-OCI Series, ran from 6:30 pm to 7:30 pm on Zoom. The panel was moderated by Student Outreach Committee Vice Chair Jay Hawlader (Summer Associate ‘22 – Barasch & McGarry) and featured the following panelists:
Carolynn Beck (Partner – Eisner, LLP)
Keli Liu (Senior Associate – Greenwald Doherty LLP)
Richard Sui (Associate – Gordon Rees Scully Mansukhani LLP)
James Lee (Associate – Littler Mendelson P.C.)
Panelists discussed the pros and cons of joining a small and mid-sized firm, interview tips, and advice for pivoting into big law. The main takeaways included the increased accountability and resilience built at small and mid-sized firms, networking with associates in addition to partners at law firms to better understand the firm culture, and being proactive in utilizing resources such as mock interviews and the career center. The discussion was followed by a Q&A session, where audience members asked questions about hours, which the panelists stated can vary depending on weekly workload, and recession considerations, to which the panelists mentioned that there exists a demand for a variety of legal services during a recession.
AABANY thanks the Student Outreach Committee for organizing the event and all panelists, moderators, and students who attended. To learn more about the Student Outreach Committee, please visit https://www.aabany.org/page/121.
The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. CJA Panel Members represent indigent criminal defendants and petitioners for habeas corpus.
Admission to practice before this Court is a necessary qualification for membership on the Panel. The Court seeks attorneys of superior experience and proven competence in federal appellate criminal defense work. The qualifications of attorneys applying for service on the Panel will be examined by the CJA Committee’s Attorney Advisory Group, which will make recommendations for membership on the Panel. Membership on the Panel will be for a term of one to three years, at the discretion of the Court. Attorneys currently serving on the panel need not reapply until the expiration of their present term.
Application forms for membership on the Criminal Justice Act Panel are available at the Court’s website at www.ca2.uscourts.gov, or by calling 212-857-8702.
A signed original application, one copy of each of your appellate briefs, and three paper copies of the completed application and your resumé, along with a CD containing both your completed applications and resumé, must be received by the Clerk of Court by 5:00 p.m. on Monday, April 11, 2022. Please check the Court’s website (www.ca2.uscourts.gov) periodically for CJA .
For further information or questions, please contact [email protected].
On June 3rd, the Asian American Bar Association of New York’s Student Outreach Committee (SOC) hosted a panel discussion about the dos and don’ts of being a virtual summer associate. Haynes and Boone summer associate and SOC Student Leader Julie Choe moderated the panel. The panelists were Andrew T. Hahn, Sr., General Counsel and Chief Diversity Officer at Hawkins Delafield & Wood and past AABANY President in 2004; Jeeho Lee, hiring partner at O’Melveny & Myers; Taiyee Chien, summer associate at Kirkland & Ellis and SOC Student Leader; and Victor Roh, summer associate at Davis Polk & Wardwell and SOC Marketing Director and Student Leader.
Julie opened the event by introducing the panelists for the evening. The student leaders then shared their experiences as (virtual) summer associates, and discussed a variety of topics with the other panelists including how to gain diverse work experience, how to reach out to partners, the advantages and disadvantages of a remote program, work-life balance, and more. The panelists also discussed the qualities of a good summer associate, which included being attentive to detail, respectful, taking responsibility for mistakes, being responsive to emails, and keeping your camera on during meetings. The panelists also emphasized the importance of building your own unique “brand” at the firm from your particular strengths and character. After the event, the discussion was opened to the attendees for questions.
AABANY thanks SOC for hosting this timely event in the midst of the pandemic and thanks the panelists for sharing their thoughts and experiences about summer associate programs. AABANY SOC will also be hosting several upcoming events, including a mock interview workshop and two panel discussions as part of the Students Meet Firms series. The first panel will feature attorneys from Cleary Gottlieb. The second presentation will discuss the legal recruiting process with recruiters at Shearman & Sterling. To learn more about AABANY’s SOC, click here. To join the SOC slack channel, click here.
On June 29, Asian American Bar Association of New York (AABANY) Board Director and Real Estate Committee Co-Chair Margaret Ling moderated the American Bar Association’s (ABA) Collaborative Bar Leadership Academy (CBLA) Opening Program titled: “Effective Marketing, Advocacy and Public Relations Strategy.” The panelists for the event were Edgar Chen, Esq., National Policy Director for the National Asian Pacific American Bar Association (NAPABA); Elia Diaz-Yaeger, Esq., President of the Hispanic National Bar Association (HNBA); Tricia “CK” Hoffler, Esq., President of the National Bar Association (NBA); and Dinesh Kumar, Esq., Vice President of Public Relations for the South Asian Bar Association (SABA) of North America. The panelists discussed the role of minority bar associations in facing widespread social and political issues as well as the unique voice of advocacy that minority bar associations can utilize. The discussion also explored different ways of reaching membership through websites, newsletters, and other methods.
AABANY thanks Karl Riley, the Chair of the CBLA, for organizing the panel event as well as ABA for hosting the discussion at such a critical moment for the Asian-American community.
Contact: Edgar Chen, Policy Director WASHINGTON- The Coalition of Bar Associations of Color (CBAC) – 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) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.
“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”
“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement,” wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. “Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession.”
“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”
“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association. “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups. Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”
“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”
“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America. “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities. In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there. This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges. In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar. We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”
With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate. In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.
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). The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com.
The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 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. For additional information about NAPABA, visit www.napaba.org.
Founded in 1925, the NBA is the nation’s oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org.
Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians. For additional information about NNABA, visit www.nativeamericanbar.org.
The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges. In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity. For more information about the LGBTQ+ Bar, visit www.lgbtbar.org.
SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community. With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year. For more information about SABA North America, visit www.sabanorthamerica.com.
On May 26, the Asian American Bar Association of New York (AABANY), along with the New York City Bar Association (NYCBA) and the New York State Bar Association (NYSBA), hosted a CLE program about the rise in anti-Asian violence during the past year. Karen King, AABANY Pro Bono & Community Service (PBCS) Committee Co-Chair welcomed the attendees. Bret Parker, the Executive Director of the New York City Bar Association introduced the program and gave his thanks to the organizers of the event as well. Karen Kithan Yau, AABANY Board Director and the moderator for the event, introduced the program’s panelists: PBCS Committee Co-Chair and Morvillo Abramowitz Partner Karen King; AABANY Board Director, Issues Committee Co-Chair, Asia Practice Committee Co-Chair and JAMS Mediator Chris Kwok; Girls Rule the Law founder Mirna Santiago; Kings County DA Office Bureau Chief Kin Ng; and Legal Aid Society Cop Accountability Project attorney Jennvine Wong.
Karen King and Chris began the presentation for the event. Karen first discussed the origins of anti-Asian racism during the COVID-19 pandemic, explaining that anti-Asian bias incidents began very early on in the pandemic. The number of incidents only tapered off due to the stay-at-home orders, before increasing once again after President Trump’s inflammatory statements blaming Asians for the outbreak. Chris also pointed out that the New York Police Department (NYPD) often neglected to fully investigate the earliest occurrences of anti-Asian hate, regarding them as minor incidents. He also presented a brief history of anti-Asian violence, beginning with the Chinese massacre of 1871 which immunized violence against Asians and ending with the Vincent Chin case. Karen then discussed the causes of the violence against Asians. She explained that societal stress, inaccurate information, underreporting, lack of cultural awareness of the discrimination that Asians face, and prosecution’s tendency to not pursue hate crime enhancements all contributed to the increase in anti-Asian incidents. Chris also noted that the NYPD Asian Hate Crimes Task Force not only lacks funding, but that its members are already assigned to other departments in the NYPD and serve on the Task Force on a volunteer basis. The Black Lives Matter and the Defund the Police movements also eclipsed the issue of anti-Asian violence through the end of 2020. Karen explained that AABANY’s report on anti-Asian violence was written to document this issue and keep it in the public eye.
After the presentation, Karen Yau opened the conversation to the rest of the panelists. She began by addressing Mirna, asking her what it meant to be an ally. Mirna explained that the feeling of “otherness” is something that all minority groups face. She also emphasized the need to break away from tit-for-tat allyship and to build a trans-racial coalition united to fight against racism and hate.
Karen then turned to Kin and asked about the reasons why any hate crimes had yet to be successfully prosecuted. Kin explained that unlike other crimes, law enforcement must not only prove that the perpetrator committed the crime, but also must prove that the perpetrator was motivated by racist sentiments. This process is often lengthy and requires a great deal of investigation. Kin also pointed out that acquiring evidence of hate speech can be prevented by the victim’s inability to understand English. He acknowledged how frustrating the process was, but also encouraged the attendees to report any incidents, as establishing a pattern aids the prosecution of hate crimes.
Karen then followed up by asking how prosecutors dealt with the difficulties of investigating hate crimes. Kin explained that establishing trust between the District Attorney’s Office and people in the community is instrumental in acquiring evidence. He also pointed out that more funding and employing more bilingual individuals to act as a liaison between the DA’s Office and the community would aid prosecution immensely.
Karen then turned to the issue of over-incarceration. Addressing Jennvine, Karen asked her thoughts about combating anti-Asian incidents without turning to incarceration. Jennvine acknowledged the issue, emphasizing how hate crime enhancements disproportionately affect other minorities who are already overrepresented in the prison system. She also asserted that criminalization would obscure the root cause of the violence, white supremacy. Rather than buy into the media’s false narrative of blacks versus Asians, Jennvine explained that many Asian Americans and Pacific Islanders (AAPIs) are subjected to violence because they are trapped in poverty and living in unsafe neighborhoods. Jennvine concluded by contending that turning to the NYPD would not offer a viable long-term solution.
Karen then returned to Kin, asking if the new discovery laws had any effect on the prosecution of hate crimes. Kin explained that the new laws would allow the alleged perpetrator’s defense attorney to call witnesses in their homes because the defense is entitled to interview witnesses. This change has resulted in some individuals being less willing to testify, making underreporting more severe.
Karen then moved the conversation to bail reform. She described one incident where, due to the pandemic, the alleged perpetrator of a bias incident was not put on trial and walked free without an order of protection for the alleged victim for several months before going to court. Jennvine responded by emphasizing the importance of bail reform and how previous bail laws only gave victims a false sense of security. She also pointed out that orders of protection are typically granted and also tend to only give protection in name. Kin also noted that the large gap between the report of the incident and the court date was due to the extraordinary circumstances caused by the pandemic. The absence of an order of protection was due to the lack of a court hearing until the later date.
Karen then addressed Chris, asking about his experiences in speaking with the media. Chris explained that when the report was published in February of 2021, mass media was not aware of the basic facts about anti-Asian violence. When the media coverage began to recede in March, the Atlanta shootings gave new gravity to the situation, though much of the nuance about the issue was lost in the popular narrative which pits blacks against Asians. Nonetheless, Chris also noted that the attention Asians have received in the media is unprecedented.
Karen then turned back to Mirna, asking to what degree the conflict between Asians and blacks is real. Mirna emphasized the need to educate others and to reconsider our own bias when being an ally. She also highlighted Grace Lee Boggs, an Asian woman who was extremely active in the fight for black civil rights in the 1960s. She closed by reiterating the need for listening and empathy across communities.
Karen then inquired about the importance of symbols, such as swastikas, in prosecuting hate crimes. Kin responded that since Asian cultures are extremely diverse, finding a single symbol that could be employed as a hate symbol against Asians would be difficult. Kin also reiterated that the police’s ability to prove a connection between race and the crime depends largely on the amount of effort the police are willing to put into the investigation.
Karen’s final question was about the possibility of a program where alleged perpetrators could receive counseling from victims. Karen King disagreed, questioning its practicality, but supported counseling perpetrators. Mirna concurred, stating that it should never be the burden of the victims to help their perpetrators. Chris also emphasized the importance of education and cultural competency in combating racism and building solidarity.
Kin and Chris then closed the panel discussion by reemphasizing the need for reporting incidents, as the issue of anti-Asian violence would remain invisible unless victims and witnesses stepped forward to bring the issue into the spotlight.
The President of the NYSBA, Scott Karson, concluded the event by thanking the organizers, panelists, and attendees for participating in the event, and reiterated NYSBA’s solidarity with the Asian community. Karen Yau also encouraged attendees to volunteer for AABANY’s Hate Eradication Active Response Team (HEART), an initiative which would allow volunteers to connect community members who had experienced a bias incident with legal and mental health resources.
To learn more about the HEART initiative click here. To view the full video of the program, click here.
