Tag: panel

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Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education

For Immediate Release: 
Date: July 7, 2021

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.

For more information please contact:
HNBA Contact: Daniel Herrera
NAPABA Contact: Edgar Chen 
NBA Contact: Wanda Flowers
NNABA Contact: Colleen Lamarre 
LGBTQ+ Bar Contact: D’Arcy Kemnitz 
SABA-NA Contact: Jasmine Singh 

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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.

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AABANY Co-Sponsors a CLE Program about Anti-Asian Violence and Steps Lawyers Can Take to Combat the Issue on May 26

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.

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NAPABA Hosts Part 2 of its Summer Judicial Series, “APA Judges on the Federal Bench”

On May 7, AABANY co-sponsored a panel of Asian Pacific American judges as part two of NAPABA’s Summer Judicial Series. The event was hosted by the Georgia Asian Pacific American Bar Association (GAPABA) and the National Asian Pacific American Bar Association (NAPABA). In addition to AABANY, the event was co-sponsored by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), the Asian Pacific American Bar Association Educational Fund (AEF), the National Asian Pacific American Law Student Association (NAPALSA), the South Asian Bar Association of North America (SABA), and the South Asian Bar Association of Georgia (SABA-GA).

In honor of Asian Pacific Islander Heritage Month as well as to encourage the growing number of young Asian American lawyers aspiring to the bench, GAPABA and NAPABA organized the panel to share the stories and careers of trailblazing APA judges. The panelists were AABANY member Hon. Denny Chin, of the U.S. Court of Appeals for the Second Circuit, Hon. James C. Ho of the U.S. Court of Appeals for the Fifth Circuit, Hon. Sri Srinivasan, Chief Judge of the U.S. Court of Appeals District of Columbia Circuit, Hon. Jennifer Choe-Groves of the U.S. Court of International Trade, Hon. Theodore D. Chuang, of the U.S. District Court for the District of Maryland, and Hon. Lucy H. Koh, of the U.S. District Court for the Northern District of California.

The panel was moderated by GAPABA Board Member Michael C. Wu and Byung Jin (BJay) Pak, Partner at Alston & Bird. GAPABA President and Of Counsel at Bryan Cave Leighton Paisner Angela Hsu, GAPABA President-Elect and Associate General Counsel at Delta Air Lines Timothy Wang, and GAPABA Communications Co-Chair and Law Clerk for the U.S. District Court for the Western District of Texas Prathyusha Chenji were also in attendance.

Michael and BJay posed several questions to the panelists regarding their backgrounds and experience on the bench. All of the panelists expressed how their upbringing in the U.S. made them keenly aware of their “otherness” and in some cases, motivated them towards public service. Judge Chin (a former AABANY President, 1992-93) shared his background as an immigrant from Hong Kong and his experience growing up in New York City. Judge Chin also noted that, as one of the few Asians in his school and at his work, he was constantly under scrutiny and pressure to perform well. “I felt like Yao Ming,” he stated. Several panelists also reported that they still faced microaggressions in their professional lives, despite their position as judges.

When asked about their career paths and perspectives on diversity on the bench, all of the panelists described varied experiences in private practice, the legislative branch, and executive branch of the government before becoming a federal judge. Many of the panelists also expressed how diversity in the federal government could only lead to better and more informed decisions on behalf of the American people. Many of the panelists also shared their own stories about how they were inspired and encouraged by seeing diverse individuals serving in government and in public positions. All of the judges expressed how the justice system in America ought to be color blind and that all individuals should have the right to a fair trial regardless of their background. Judge Chin also discussed the importance of community and unity despite having diverse perspectives. When asked to respond to Supreme Court Justices Neil M. Gorsuch and Sonia Sotomayor’s discussion on the threat of disunity to national security, Judge Chin concurred, pointing out how even after President Biden’s election, Americans have yet to listen to each other without politicizing every single issue.

The moderators then closed the panel with several questions about advice any of the judges might have for young attorneys, law clerks, and others aspiring to become judges themselves. The panelists expressed how being a judge begins with being a good attorney. All of the judges emphasized the importance of relationships and teamwork, of maintaining a good reputation, and of being respectful and professional to all.

AABANY thanks NAPABA for hosting this series and also thanks the justices for their trailblazing example to the APA community. To watch a recording of the event, click here.

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AABANY Officer Margaret Ling Quoted in New York Law Journal Article about Women in the Law

Margaret Ling, AABANY’s Officer, Director of Development, and founder and co-chair of the Real Estate Committee, was featured in a New York Law Journal article about the New York State Bar Association’s Women in Law panel held on January 26, 2021.

About midway through a New York State Bar Association panel on the challenges of retaining and advancing women attorneys, Margaret Ling, a veteran real estate lawyer, told the story of how she’d once toiled for months on an important matter only to be told by her male superior before a vital, well-attended matter meeting that “you are to sit there and you are to say nothing.”

Read more here (subscription is required).

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AABANY Fall Conference: APA Women in the Legal Profession Panel

“Stronger Together: APA Women in the Legal Profession – Strategies to Support, Lead, and Advance” was one of the many panels presented at AABANY’s Fall Conference this year. Held on Saturday, September 26 from 10:45 am to 12:15 pm, the panelists consisted of:

Moderators:

  • Connie Montoya, Partner, Hinshaw & Culbertson
  • Sandra Yamate, CEO, Institute for Inclusion in the Legal Profession

Speakers:

  • Anna Mercado Clark, Partner, Phillips Lytle LLP
  • Judy Lam, Partner, Maynard Cooper & Gale
  • Honorable Grace E. Lee, Administrative Law Judge, State of New York
  • Sandra Leung, General Counsel, Bristol Myers Squibb
  • Sapna Palla, Partner, Wiggin and Dana

The panel was not recorded to create a safe environment for panelists as well as listeners so that there could be a candid conversation about race and the experiences APA women have had to face throughout their legal careers.

The panel started off with discussing the challenges and barriers of being an APA woman in the legal profession. Shared experiences among the panelists were that they were often overlooked in the courtroom, being perceived and mistaken as the court interpreter or court reporter rather than as the lawyer or judge. Even when they were correctly perceived as the lawyer, the panelists were still treated differently compared to their white male counterparts. In response to these challenges, the panelists discussed how it was okay to feel uncomfortable about these topics and it is important to focus on the microaggressions. If people are more vocal about the uncomfortable situations and share their experiences with the community, it creates a greater ability to mobilize and create change.

The panelists stressed the importance of seeing more APA women in higher positions and one way of achieving that is through having role models and mentors for rising APA lawyers. Current AABANY President, Sapna Palla, highlighted the AABANY Leadership Development Program which has been successful in teaching participants the skills to advance into executive positions, and she hopes to see more programs that do the same.

The panel ended with each panelist going over one action item they were willing to commit to within the next year that will help support and advance APA women in the legal profession. The general consensus among the panelists was to start a mentoring circle. Not only do the panelists want to be an available resource for people who come up to them and have questions, but also they want to be active in following up with mentees and seeking feedback from them.

The panelists also vow to use their positions as a platform to continue this dialogue. Advancing APA women in the legal profession is an ongoing conversation and hopefully, listeners of the panel are inspired to continue the dialogue with their friends, peers, and colleagues.

Thank you to the panelists, Anna Mercado Clark, Judy Lam, Honorable Grace E. Lee, Sandra Leung, and Sapna Palla, and moderators, Connie Montoya and Sandra Yamate for sharing their experiences and leading an important discussion about supporting APA women in the legal profession.

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Fall Conference 2020: Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic

On September 26, 2020, as part of the second day of the 2020 Fall Conference, AABANY hosted a program discussing Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic, which focused on trends and newly compiled statistics related to this discrimination. The panel included:

  • Karen King, Counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP (Moderator)
  • Joe Gim, Deputy Chief of the County Court Trial Bureau in Nassau County
  • Russell Jeung, Professor of Asian American studies at San Francisco State University and Member of the Asian Pacific Policy and Planning Council
  • Stewart Loo, Deputy Inspector of the NYPD Asian Hate Crime Task Force
  • John C. Yang, President and Executive Director at Asian Americans Advancing Justice
  • Jo-Ann Yoo, Executive Director at the Asian American Federation

First, Professor Jeung introduced “Stop AAPI Hate,” an online reporting center organized by the Asian Pacific Policy and Planning Council. Since March 19, 2020, the reporting center has been tracking and responding to incidents of hate, violence, harassment, discrimination, shunning, and child bullying against Asian Americans and Pacific Islanders in California and where possible throughout the United States. In California, there have been over 300,000 reported incidents over the eight month period. There was a major uptick in March when President Trump started calling COVID-19 the “Chinese virus” and in late June when Trump started using the term “Kung Flu.” Although most of the reported incidents have been verbal, there have been an alarming number of incidents where Asian Pacific Americans (APA) were coughed or spat on.

Jo-Ann Yoo then discussed the situation in New York and emphasized that reporting is only as good as its outreach. Joe Gim specified that legally, a hate crime in New York must both involve a person selected to have a crime against them because of their identity and have that factor be a substantial part of the crime.

Next, Stewart Loo introduced the NYPD Asian Hate Crime Task Force, which gets involved with incidents of hate and discrimination when they become crimes. The task force assists victims who cannot speak English but want to report an incident. Due to cultural differences and the length and complexity of reporting a crime to the NYPD, the criminal process can be very daunting. Yoo added that many people are shy or afraid to report, regardless of a language barrier, especially to the media. John Yang then discussed the importance of media pieces in humanizing the statistics and building community strength.

Professor Jeung and John Yang also discussed how APA social status has historically been very conditional. As many APA individuals still toggle between being part of a Model Minority or a Yellow Peril, they are seen as perpetual foreigners, which adds to the rising anti-Asian hate.

The panel concluded with talking about the rise in APA youth supporting Black Lives Matter. In order to be heard on a nationwide scale, everyday citizens must fight for the respect that their communities do not already receive, whether by serving as a poll worker, speaking up in organizations, or simply voting. The panel ended with discussing how APA culture is stereotypically seen as quiet, but in order to see change now, people need to speak up and speak out.

Thank you to the panelists, Joe Gim, Russell Jeung, Stewart Loo, John C. Yang, and Jo-Ann Yoo, and moderator Karen King for leading such an inspiring and important discussion on anti-Asian violence and hate during the pandemic. And thank you to the AABANY Pro Bono and Community Service, and Government Service and Public Interest Committees for hosting the event.

Click here to access the Stop AAPI Hate website.
Click here to access AAF’s COVID-19 Safety Resources.

To view a recording of this program, please click on the video image at the top of this blog post.

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Fall Conference 2020: Enforcement in a Fragmented World

On September 26, 2020, as part of the second day of the 2020 Fall Conference, AABANY hosted Enforcement in a Fragmented World, a panel on unique challenges currently facing attorneys representing clients in white collar and enforcement matters. On the panel were:

  • Edward Y. Kim, Co-Founder of Krieger Kim & Lewin LLP (Moderator)
  • Charu Chandrasekhar, Assistant Regional Director of the Division of Enforcement of the U.S. Securities and Exchange Commission
  • Una Dean, Partner at Fried Frank LLP
  • Joon H. Kim, Partner at Cleary Gottlieb (and former Acting U.S. Attorney for the Southern District of New York)
  • Leo R. Tsao, Chief of the Bank Integrity Unit at the U.S. Department of Justice

The discussion started with the panelists talking about how their work has been affected by the pandemic. They discussed how a lot of the work they do — interviewing witnesses, talking and negotiating with the authorities, and gathering information — relied on in-person work. However, they agreed that justice delayed is justice denied, especially for the people and companies they are investigating. With statutes of limitations and fading memories, enforcement attorneys have been interviewing people over video and phone calls. Despite many successful interviews, they still have the obstacle of building relationships and rapport with potential cooperators over the phone. All in all, they agreed that enforcement has been very active recently and will continue to be for years to come.

Then, each of the attorneys discussed their personal experiences in enforcement. Although the attorneys each had different career paths, they agreed that they all loved their jobs because they are able to focus on doing justice, not winning cases. They discussed how their job is also an incredible honor and responsibility to be able to serve their community and country.

Next, the speakers talked about challenges they have encountered as Asian Pacific American (APA) practitioners. While dealing with drastic underrepresentation in their fields, as well as the ever persistent Model Minority Myth and the Perpetual Foreigner stereotype, the attorneys often faced overt and subtle racism in their work. However, they see a strong trend in many organizations towards actively diversifying the workplace to create a base of attorneys who actually reflect the communities they serve. Additionally, Chandrasekhar and Dean discussed the added challenges of being female APA practitioners. They discussed how government work can actually be a great equalizer. Although there are still many difficulties that come with many sacrifices and compromises, women in government service are taught to stand up and speak out in court about their cases, which builds confidence.

The panel concluded with some of the attorneys discussing the importance of separating the system from the service. They agreed that there are many serious injustices and inequities in the justice system, and the justice system must be reformed and improved by educating people within the justice system. The speakers acknowledged that many of the people working and handling individual cases within the system are genuinely passionate about upholding justice. And these attorneys will continue to do so proudly for the rest of their careers.

In these uncertain times, it is incredibly inspiring to hear from leading practitioners and enforcers in the field of white collar enforcement. Thank you to the panelists Charu Chandrasekhar, Una Dean, Joon H. Kim, and Leo R. Tsao and moderator Edward Y. Kim for sharing their experience and insights in the field of justice.

To view a recording of this program, please click on the video image at the top of this blog post.

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The New York City Bar Association Releases Report “The Diversity Gap: Black and Latinx Representation Disparities in the Legal Pipeline” and Follow-Up Program

The New York City Bar Association announced that their report The Diversity Gap: Black and Latinx Representation Disparities in the Legal Pipeline has been released with overwhelming support from the legal community. To determine the effectiveness of pipeline programs for Black and Latinx students who seek to enter the legal profession, they polled over 800 students from the 15 New York State Law Schools. They thank Ashley Bernal, Professor, York College and author of the report, and The New York Community Trust for funding this important work.

You can read their press release here.

Additionally, they will be hosting a two-part panel presentation entitled, “The Diversity Gap: Black and Latinx Representation Disparities in the Legal Pipeline.”  Details below:

Part I: Pipeline Leaders

Part II: Pipeline Participants

To register for any of the events, please click on the registration link (you will need to create a free account if you are not a city bar member) or email Customer Relations at [email protected]. The series is free for everyone.

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AABANY Presents “How to Network” Panel at Cardozo School of Law

On Wednesday, March 3rd, AABANY’s Student Outreach committee collaborated with Cardozo Law School’s Asian-Pacific American Law Students Association (APALSA) to host a panel on “How to Network.” The panelists included Margaret Ling, Senior Counsel at Big Apple Abstract Corp., Tiffany Ma, Partner at Young & Ma LLP, and Jeff Ikejiri, Vice President of Legal and Business Services at UnitedLex. The moderator was Aakruti Vakharia, Associate at Garwin Gerstein & Fisher LLP and Co-Chair of the Student Outreach Committee. 

Tiffany Ma spoke about her journey from a mid-tier law school to her lateral move to Morrison & Foerster, advising Cardozo law students to take advantage of their location in New York to build their networks and make themselves more competitive. She believes that “the best marketing is sincerity” and she shared her personal technique of establishing three points of commonality with new connections to help others remember her when she follows up with them afterwards.

Margaret Ling also shared a tip to have different business cards—company, personal, school, etc.—so that students can present the best side of themselves in different contexts. Margaret emphasized the importance of doing one’s homework and being aware of social cultural etiquette, always staying as humble as possible throughout the process.

Jeff Ikejiri advised students to think of networking as making friends. He told the story of how he got his current job through someone he met in line for refreshments during a break at a convention years ago. He encouraged students to be similarly outgoing and open to making new connections as well as being proactive in following up with potential connections.

Cardozo law students of all years came to hear insights and tips from the experienced practitioners. Those in attendance found the discussion thoughtful and engaging.

Thanks to Cardozo’s APALSA for co-hosting the event and providing food for the attendees. We hope to host many similar events in the future as AABANY continues to extend its outreach to students in law schools across New York.

To learn more about the Student Outreach Committee, go to https://www.aabany.org/page/121

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Second Circuit Pro Bono Panel Announcement

The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit’s Pro Bono Panel. The deadline to be considered for appointment in 2020 is April 30, 2020.

Pro Bono Panel members will, at the Court’s invitation or on a litigant’s motion for appointment of counsel, represent pro se litigants in civil appeals that present issues of first impression, complex issues of law or fact, or potentially meritorious claims warranting further briefing and oral argument. Pro bono representation will be provided to litigants who would otherwise be unable to pay for counsel and are ineligible for the appointment of counsel pursuant to the Criminal Justice Act.

Cases in which pro bono counsel will be appointed cover a broad range of legal issues, including prisoner civil rights, labor and employment, discrimination, social security, immigration, and tax law.

Applicants must be admitted to and members in good standing of the Bar of the Second Circuit or have an admission application pending before this Court, and have at least three years of appellate litigation experience. Pro Bono Panel members will serve for a three-year term.

Pro Bono Panel members who were appointed by the Court in 2017 for a three-year term must submit a new application if they wish to remain on the Panel.

An application package must contain a resume, a written application (available on the Court’s website at http://www.ca2.uscourts.gov) and three writing samples, preferably appellate briefs on which the applicant was the primary author. These materials must be submitted to David Bober, Director of Legal Affairs, United States Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY 10007, by April 30, 2020.

The Plan for the Appointment of Pro Bono Counsel and the application form are available click here.  

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