AABANY Committees Host a Panel on Pursuing a Specialization in Bankruptcy

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. 

Thank you to our panelists Connie Choe, Dabin Chung, Weiru Fang, Hoori Kim, and Shan Lu for their insights, to Patrick Chen and Justin Lee for moderating, and especially to Kelley Drye for hosting our event. 

To find out more about the Commercial Bankruptcy and Restructuring Committee, please click here.

To find out more about the Student Outreach Committee, please click here.

To find out more about the Young Lawyers Committee, please click here.

Congratulations to AABANY Member Glenn D. Magpantay for Receiving NAPABA’s 2020 Daniel K. Inouye Trailblazer Award

Glenn D. Magpantay, a long-time civil rights attorney, advocate, and leader for Asian Pacific American (APA) and LGBTQ rights, is a 2020 recipient of the Daniel K. Inouye Trailblazer Award, NAPABA’s highest honor. Each year, outstanding lawyers are awarded for their exceptional leadership in paving the way for the advancement of other APA attorneys and creating lasting, substantial contributions in the broader APA community.

Glenn’s inspiring commitment to public service and activism started in college and continued after graduation when he was a lobbyist for higher education in the early 1990s. As one of the few Asian people working in the State Capitols at the time, Glenn learned the importance of APA and LGBTQ representation in law.

As a civil rights attorney at the Asian American Legal Defense and Education Fund (AALDEF), he quickly became an authority on the federal Voting Rights Act and expert on Asian American political participation. He fought for the right of Asian Americans to vote in their native language, to put in place translated registration forms and language interpreters at poll sites, and to challenge unconstitutional voter ID requirements in many cities.

At the cornerstone of Glenn’s incredible legal work and advocacy is intersectionality. In addition to working with several law firms on pro bono projects, he has recently led two challenges that reached the U.S. Supreme Court: Hawaii v. Trump (2018), which challenged President Trump’s anti-Muslim travel ban, and DHS v. Regents of the University of California (2020), which challenged President Trump’s proposed cancellation of the Deferred Action for Childhood Arrivals (DACA).

In a recent interview, Glenn reflected on how LGBTQ Asian attorneys have to navigate through a very traditional work environment where they often cannot express who they really are. In response to this, he has worked for over a decade to create a network for LGBTQ Asian attorneys to find peer support and thrive and advance in their careers. As Executive Director of the National Queer Asian Pacific Islander Alliance (NQAPIA), Glenn highlighted the often overlooked stories of LGBTQ Asians, trained a new generation of LGBTQ activists, and cultivated a more diverse face of the LGBTQ movement. And above all, Glenn knows that he could not have done this work without AABANY.

“Ever since I went to my first AABANY event in 1988, they have given me the trust and ability to create these spaces for LGBTQ APA attorneys,” Glenn said. “AABANY is my home because I’ve always felt valued, not just as a public interest lawyer, but also — and especially — as a colorful, openly gay attorney working in the name of Asian American civil rights.”

In addition to the many doors that AABANY has opened for Glenn, he also is incredibly thankful for the support he received from several law firms, such as Weil, Gotshal & Manges, Shearman & Sterling, and Skadden Arps. “I would not have been able to uphold and protect the Voting Rights Act without some of the biggest law firms in New York helping me with issue-spotting, fact-to-rule application, and their commitment to intersectional diversity and inclusion. And I would not have been able to sue New York City for bilingual voting rights without the help of six hundred lawyers from the New York Asian American bar in monitoring polling sites and recording anti-Asian voter disenfranchisement. ”

It’s a lifetime achievement award, but I’m not ready to retire. We have come a long way, but we have not yet come far enough.

Glenn continues to teach and inspire legal minds by teaching legal studies and Asian American studies at Hunter College, Brooklyn Law School, and Columbia University, and his work is far from over.

“The goal was never for me to get an award; it was to change the profession to be more diverse and inclusive where we can achieve our fullest potential,” Glenn said. “It’s a lifetime achievement award, but I’m not ready to retire. We have come a long way, but we have not yet come far enough.”

Please join AABANY in congratulating Glenn on this well-deserved honor and recognition. NAPABA has announced on its website that the Award Ceremony will be held in December 2020. Additionally, NAPABA is honoring its awardees by featuring them on their social media accounts. To access the video on Glenn’s life and achievements, please visit the link below:

https://www.youtube.com/watch?v=nnyLze3Kvnw&feature=youtu.be

Fireworks at Smooth Moves 2012

On Tuesday, April 24, the New York State Bar Association (NYSBA), through its Commercial and Federal Litigation Section, presented Smooth Moves 2012: Career Strategies for Attorneys of Color.  The CLE portion of the event was entitled: “Views from the Corner Office: Diverse GCs Discuss How to Get There and How to Win Their Business.”

The moderator was Hon. Stephen C. Robinson, Partner at Skadden Arps and former judge in the United States District Court for the Southern District of New York.

When Judge Robinson turned to the question of how to get the business of the prominent GCs who were on the panel, he asked how important diversity was in getting hired.

Don LiuDon Liu, Senior Vice President, Secretary and GC at Xerox Corporation replied that with Xerox’s strong leadership on issues of diversity, Xerox placed a high premium on diversity in deciding which outside counsel to retain.

At that point, Sandra Leung, GC and Corporate Secretary at Bristol-Myers Squibb, turned to Don and said, “Let me challenge you a bit on that. Do you mean to tell me that if you had a bet-the-company case and the only lawyer who can win the case for you and who is the proven expert on that type of case and has a winning track record, but he and his firm have a poor showing on diversity, you would not hire that attorney?”

Don answered, “I’ve never been faced with that situation,” which drew appreciative laughter from the audience, “but do you mean to tell me that in this wide world, he would be the only lawyer who can handle that case? I doubt it.  We would certainly consider his qualifications and track record, but we would still place a high premium on diversity.”

Sandra LeungSandra continued to press and was joined by Jeffrey Harleston, Executive Vice President and GC at Universal Music Group, who shared Sandra’s viewpoint and did not think that diversity would take precedence over other factors, especially if the case was not just “bet-the-company” but was “bet-the-industry.” In such a case, diversity or not, the company would go with the best lawyer for the job.

Don, seeming somewhat piqued but contained, replied: “There seems to be a suggestion that picking the diverse candidate somehow implies getting inferior services. I don’t buy that.” The audience applauded loudly for that statement.

The back-and-forth continued and Don seemed to relent slightly in his position but did not retreat from his stance that the hypothetical was unrealistic. Col. Maritza Ryan, Head of the Department of Law at the United States Military Academy, the fourth panelist, noted for the record (yes, transcription was being taken) that she was “the peaceful one.” The audience laughed appreciatively in response.

The debate was certainly lively and enhanced what was already an engaging discussion.  At the end, Don and Sandra, who are long-time friends, gave hearty hugs to each other, making clear that there were no hard feelings.

I didn’t have the benefit of the transcript in recounting the exchanges described above but of all the Smooth Moves programs I have had the pleasure to enjoy these last few years, this is the one for which I would request a copy of the transcript.  If you know how we can get a hold of one, please let me know.

What do you think?  If your company was faced with a bet-the-company or bet-the-industry case, does diversity go out the window in deciding which outside counsel to hire?