NYSBA State Bar News nameplate

January/February 2014, Vol. 56, No. 1

Annual Meeting 2014 PREVIEW

NYSBA Annual Meeting 2014
Jan. 27 – 31, 2014 New York Hilton Midtown, New York City

NYSBA’s 137th Annual Meeting: Preliminary Calendar

Tuesday, January 28, 2014
Section Meetings

Elder Law Section
Annual Update on Elder Law; Update on Managed Long-Term Care: Enrollment of Dual Eligibles and Other New Developments; Elder Abuse; Retirement Planning with Trusts; Problems Facing the Nursing Home Industry: Fiscal Constraints Caused by Health Insurance Reimbursement Formulas;nauthorized Practice of Law in the Filing of Medicaid Applications; the Role of Private Payment in Assuring Fiscal Solvency; New Models for Enhancing Quality of Care.
Meeting 1:30 p.m. – 6:15 p.m.
Reception following

Entertainment, Arts and Sports Law Section
The program will highlight the following topics:
1) Copyright Fair Use Across the Media—Fine art, publishing, motion pictures and television are all governed by the same legal precepts, but how copyright fair use is applied in practice in each of them can be very different. The norms and concerns are shaped, in part, by different financing and insurance requirements as well as different levels of risk tolerance. We will cover the basic concepts, and then compare and contrast the application across the media. We expect vigorous audience participation in this vibrant discussion.
2) The Battle for Over-the-Air TV Retransmissions: How Aereo and FilmOnX Disruptive Technologies are Pushing Copyright to its Limits, Dividing the Courts and Affecting an Industry—An in-depth moderated panel discussion by leading practitioners in the copyright and broadcast fields focusing on the impact to the broadcast TV industry and the divisiveness created among the federal courts resulting from the mini-antenna technology and related systems employed by Aereo and FilmOnX (f/k/a AereoKiller) to retransmit over-the-air broadcast programming to multiple individual subscribers.
Meeting 1:00 p.m. – 5:30 p.m.
Reception 5:45 p.m.
Offsite: Warwick New York Hotel

General Practice Section and the Committee on Professional Discipline
In this program a panel of experts will engage in a moderated discussion of the benefits and detriments of attorney advertising on the internet. They will explore the implications of such advertising in social media, websites and also traditional advertising, and compare and contrast the ethical considerations in each area. This program will address the questions you have had, or should have, when using the internet for promotion of your practice.
Meeting 9:00 a.m. – 1:00 p.m.

Intellectual Property Law Section
Something Bold, Something New: How Global Changes Can Affect All of You! Topics will include: International Changes in IP—Is it Chaos or the New Normal?; 3-D Printers—Do We Need New IP Laws?; Trademarks, Metadata, and Key Word Searching—Are Things Changing?; Claims Construction—When Should it be Considered? And How Much Deference Should the CAFC Give the District Court?; Top Ten IP Cases of 2013; The Intersection of IP and Financial Transactions: Assets, Monetization and Collateralization Issues; Inter Partes Review: Is This the New Normal?; Ethics: Subject Matter Conflicts. 
Meeting 8:45 a.m. – 12:35 p.m.
Luncheon 12:35 p.m. – 2:00 p.m.
Meeting resumes 2:00 p.m. – 5:30 p.m.
Reception following

Senior Lawyers Section
Strategies for Optimizing and Protecting You and Your Clients’ Assets in Retirement—This half-day program is designed to give practitioners guidance on some of the most common issues confronted when retirement is contemplated. Experts in their respective fields will address the timing of social security benefits and IRA minimum distributions, as well as Roth conversions; the function of a will as opposed to a trust will be examined, along with the criteria for determining when each should be used; types of house transfers and their consequences will be explored, as will the use of charitable trusts and special needs trusts for the benefit of disabled children or grandchildren. The program also will address the planning options available to protect assets for long-term care planning purposes and possible Medicaid eligibility.
Meeting 9:00 a.m. – 1:00 p.m.

Tax Section
The program will discuss Hot Topics in Corporate Tax; Partnership Tax; and International Law; in addition to the following topics: Application of NY False Claims Act to Taxes; a Two-Part FATCA Extravaganza—FATCA Basics For Transactional Lawyers and Advanced FATCA For Those Who Can’t Get Enough.
Meeting 9:00 a.m. – 12:00 p.m.
Reception/Luncheon 12:00 p.m. – 2:00 p.m.
Meeting resumes 2:15 p.m. – 4:00 p.m.

Committee Meetings

Committee on Attorneys in Public Service
Meeting 1:00 p.m. – 5:15 p.m..
Awards for Excellence in Public Service 
Reception 5:30 p.m. – 7:00 p.m.

Committee on Women in the Law
Show Me the Money: Can We Close the Gender Equity Gap? In compensation, promotion and business development, women lawyers remain notched behind male lawyers despite their growing representation in law firms, the government and corporate counsel offices. What can we do to regain momentum and eliminate the long-standing pay and promotion disparity between male and female lawyers? We are pleased to offer a dynamic program reviewing federal and state Fair Pay Acts, enforcement of such legislation by government agencies and private litigants—including strategies to improve the compensation and promotion process—and showcasing strategies for women lawyers to narrow the gender equity gap by honing professional practice skills and by successfully navigating ethical and employment pitfalls resulting from gender bias.
Meeting 9:00 a.m. – 12:15 p.m.
Kay C. Murray Award
Luncheon 12:15 p.m. – 1:30 p.m.
Meeting resumes 1:45 p.m. – 4:15 p.m.
Networking Reception 4:15 p.m. – 5:30 p.m.

Special Event: Charity Corps
What Does the New Nonprofit Revitalization Act Mean for Nonprofit Organizations and the Lawyers Who Work With Them? In 2012 the New York State Legislature passed the Nonprofit Revitalization Act with overwhelming bipartisan support. What does the new law mean to existing and fledging nonprofits? What does it spell for attorneys and law students aspiring to work with nonprofit organizations? New York’s not-for-profit sector will need to be more mindful of oversight and apply good governance measures to continue offering their services. The speakers will discuss the anticipated impact and necessary changes in best practices to day-to-day operations of not-for-profit organizations.
Meeting 9:00 a.m. – 10:30 a.m.

The New York State Bar Association and Fastcase are offering complimentary seminars during the 2014 Annual Meeting to help NYSBA members boost their online legal research skills on Fastcase, a recently added NYSBA member benefit. Attendees will receive one MCLE credit (Law Practice Management). Seating is limited – register early.
Meeting 3:00 p.m. – 4:00 p.m.

Wednesday, January 29, 2014

2:00 p.m. – 5:00 p.m.
I. Educating Tomorrow’s Lawyers: Can Lawyers, Employers, Regulators and Educators Come Together to Address Our Challenges?
II. Supporting Today’s Lawyers: The Rapidly Changing Legal Profession
President’s Reception
Complimentary reception for all members
5:00 p.m. – 7:00 p.m.

Section Meetings

Business Law and Corporate Counsel Sections
New York Business Lawyers: Competing Ethically in a Global Marketplace—Panels will cover NYSBA reports and achievements in assuring New York’s future in the business law world and the newest challenges every New York attorney faces; and transactional ethical issues, including conflict of interest situations, personal interest conflicts, client-to-client conflicts and prospective client conflicts. 
Meeting 9:00 a.m. – 12:15 p.m.
12:15 p.m. – 2:00 p.m.

Commercial and Federal Litigation Section
The program will highlight the following topics:
1) The Interplay of Delaware and New York Law in Resolving Corporate and Commercial Disputes—New York’s importance as a center of commerce and finance, and Delaware’s dominance in the jurisdictional competition for business associations, have given the courts in those states an out-sized role in shaping the decisional law that governs the nation’s corporate and commercial life. The Commercial and Federal Litigation Section is pleased to present a panel discussion of experts about the influential role of Delaware law in the adjudication of business disputes in New York courts, with special guests Vice Chancellor Travis Laster of the Delaware Court of Chancery and Associate Justice David Friedman of the Appellate Division, First Department. Topics to be examined include fiduciary duty in closely held entities and the ability to contract around them; advancement and indemnification of corporate officers and directors; the covenant of good faith and fair dealing; direct and derivative claims; freeze-out mergers; inspection of books and records; oral operating and partnership agreements; and the reliance factor in commercial fraud cases. 
2) Are Your Social Media Communications Legally Ethical? Join the Section in an interactive cutting-edge presentation featuring some of the country’s top speakers on social media ethics. Can you advise a client to “take down” incriminating social media postings? Do you need to inform an unrepresented witness when “friending” to gain access to her “private” postings that you are an attorney and/or the purpose of such communication? Are there any limitations that an attorney must be aware of when accessing “public” social media posts by the other party? Are there limitations when researching a juror on social media? Can you identify your firm’s areas of practice under “specialties” on LinkedIn? Can a judge use social media? The panel will seek to provide the answers to some of these ethical questions.
Meeting 9:00 a.m. – 12:00 p.m.
Stanley Fuld Award
12:00 p.m. – 2:00 p.m

Health Law Section
Hot Topics for NY Healthcare Lawyers—This program will cover current and timely issues of concern to healthcare lawyers in New York, including the NY health insurance exchange, regulation of, and liabilities surrounding, mobile medical apps, genetic testing and applicability to healthcare lawyers, recent OPMC and CPH initiatives, NY regulatory updates, reimbursement challenges and more.
Meeting 9:00 a.m. – 1:00 p.m.
Luncheon 1:00 p.m. – 2:00 p.m.
Meeting resumes 2:00 p.m. – 5:00 p.m.

International Section 
Topics will include: That’s Your Opinion: Opinion Practice in International Transactions; Dispute Resolution Clauses in International Transactions: The Devil You Thought You Knew; Non-Lawyer Ownership of Law Firms: The View From Here and There.
Meeting 8:45 a.m. – 12:50 p.m.
Award for International Distinction
Reception/Luncheon 12:50 p.m. – 2:00 p.m.

Torts, Insurance & Compensation Law and Trial Lawyers Sections
Reception/Dinner 6:00 p.m.
Offsite: The Harvard Club

Trusts and Estates Law Section 
Til Death Do Us Part: Updates on Marriage and Estate Law—Topics will include abandonment, estate tax considerations, portability and disqualification in the context of estate planning and estate litigation.
Meeting 8:50 a.m. – 12:10 p.m.
Reception/Luncheon 12:10 p.m. – 2:30 p.m.
Speaker:  Roberta A. Kaplan, Esq. will give a personal account of the recent Windsor case before the Supreme Court.

Young Lawyers Section
The program will focus on consumer and corporate bankruptcy issues. It will begin with a session on Bankruptcy 101 that will provide an introduction to bankruptcy and key concepts for young practitioners. The panels also will include a discussion of consumer debtor intake, the meeting of the creditors, and an overview of bankruptcy litigation arising in the consumer and corporate contexts.
Meeting 8:45 a.m. – 12:00 p.m.

Committee Meetings

Committee on Animals and the Law
Human Animal Conflict: Balancing Property Rights, Nuisances and Public Safety with Animal Welfare, Conservation and Humanity—This program is not to be missed by lawyers practicing animal, municipal, zoning and environmental law.  The knowledgeable panel will provide a detailed discussion of the most common, and not so common, situations in which both private and public nuisance actions are brought, and the state and federal laws that apply. Topics to be covered will include hot topic nuisance issues, such as geese roundup and eradication, feral cats, animal hospice facilities, hoarding, factory farm practices and the ownership, rehabilitation, exhibition of exotic animals and wildlife and landlord/tenant issues.
Meeting 1:00 p.m. – 5:00 p.m.

Committee to Ensure Quality of Mandated Representation, Co-Sponsored with the Committee on Courts of Appellate Jurisdiction and the Criminal Justice Section
Please join us for a viewing of the documentary “Scenes of a Crime” which explores the real-live case of People v. Adrian Thomas in which the lengthy interrogation of the defendant was videotaped. Defendant Thomas was convicted, and his appeal—including claims that his interrogation was unduly coercive, and that expert testimony should have been allowed—will be argued in the Court of Appeals on Jan. 14, 2014. The film will be followed by a panel discussion on wrongful confessions/videotaping of interrogations.
Meeting 10:00 a.m. – 12:30 p.m.

Committee on Law, Youth & Citizenship
Education and the Law
Meeting 9:00 a.m. – 12:00 p.m.

The New York State Bar Association and Fastcase are offering complimentary seminars during the 2014 Annual Meeting to help NYSBA members boost their online legal research skills on Fastcase, a recently added NYSBA member benefit. Attendees will receive one MCLE credit (Law Practice Management). Seating is limited – register early.
Meeting 9:00 a.m. – 10:00 a.m.

Thursday, January 30, 2014

Section Meetings

Antitrust Law Section
Antitrust Developments Roundup; Navigating Federal and State Regulators During Your Merger; Antitrust Class Certification: Getting Tougher?; Antitrust Trials: Why You Win or Lose; Social Media and Competition Policy; Antitrust Law Evolves: Do Dissents and Concurrences Matter?
Meeting 8:30 a.m. – 5:00 p.m.
Offsite: University Club

Criminal Justice Section
Topics will include: Search and Seizure; New York’s Right to Counsel; Confrontation After Crawford. 
Meeting 9:00 a.m. – 12:00 p.m.
Criminal Justice Awards
Reception/Luncheon 12:00 p.m. – 2:00 p.m.

Dispute Resolution Section
Diving Deep—Taking a Fresh Look at Our Underlying Assumptions and Approaches to Mediation and Arbitration Theory, Practice and Skills; Navigating ADR Forums; Crossing Cultural Divides in Mediation and Negotiation.
Meeting 9:15 a.m. – 12:00 p.m.
Networking Luncheon
Offsite: Dorsey & Whitney LLP
12:00 p.m. – 1:30 p.m.
Meeting resumes 1:30 p.m. – 4:00 p.m.
Reception immediately following
Offsite: New York International Arbitration Center

Family Law Section
12:00 p.m. – 2:00 p.m.
Keynote Luncheon Speaker: Arnold Shienvold, PhD, Riegler Shienvold & Associates of Harrisburg, PA
Divorce Lawyers Under Siege: Strategies for Differentiating Your Client’s Anxieties From Your Own. Dr. Shienvold is a clinical psychologist who specializes in dealing with high conflict families. He is a nationally-recognized expert in forensic custody evaluations and family mediation. In addition to his clinical practice, Dr. Shienvold consults to public and private agencies, teaches and lectures at a multitude of professional conferences and schools, and regularly writes on these topics.
Meeting 2:00 p.m. – 4:30 p.m.
2014 Family Law Update: The Year in Review—We will walk through this year’s interesting cases, current issues, changes in rules and statutes and must-know issues on the horizon.

Food, Drug & Cosmetic Law Section
This session will address important evolving FDA legal issues, including regulation of compounding pharmacies, implementation of new food safety rules, an update from FDA Office of Counsel and an ethics presentation from a preeminent bioethicist.
Meeting 8:45 a.m. – 12:45 p.m.

Municipal Law Section
Land Use and SEQRA Update; “Ethics Jeopardy”; Freedom of Information Law and Confidential Information; Hot Topics Regarding IDAs and LDCs; the Ins and Outs of Article 78 Proceedings; the Application of the Affordable Care Act to Municipalities.
Meeting 9:00 a.m. – 12:05 p.m.
Lunch — on your own
12:05 p.m. – 1:35 p.m.
Meeting resumes 1:45 p.m. – 4:30 p.m.

Real Property Law Section
Panel discussions will include the following: Not-for-Profit Corporation Law—How the Osborn Decision Impacts Real Property Tax Exemptions For Not-For-Profit Corporations; Lease Negotiations Beyond the Lease; 2013 Real Property Case Law Update—Six Court of Appeals Cases, Plus Cases on PCDS and Other Matters; Mechanics Liens—Filing, Bonding, Priority and Recent Case Law; The Constitution Pipeline—120 Miles of Condemnation Litigation.
Meeting 8:15 a.m. – 12:15 p.m.
Offsite: The 21 Club
12:45 p.m. – 2:15 p.m.

Torts, Insurance and Compensation Law and Trial Lawyers Sections
All Roads Lead to Resolution Part I: State of the Union—Trial and the Summary Jury Trial; All Roads Lead to Resolution Part II: State of the Union—Arbitration and Mediation; Ethics Update; #legalprobs—Trial in the Aftermath of Social Media Discovery Rulings; Back to the Future of the Legal Profession—The Modern Day Legal Apprentice?
Meeting 8:30 a.m. -12:00 p.m..
Meeting resumes 1:00 p.m. – 5:00 p.m.

Young Lawyers Section
Bridge the Gap 2014: Intellectual Property; Personal Injury; Appeals; ABC Law; Estate Planning; Environmental, Land Use/Zoning; Criminal Law; Family Law; Matrimonial Law; Work/Life Balance; Ethics; Landlord/ Tenant Residential Real Estate; Social Media.
Meeting 9:00 a.m. – 5:00 p.m.

Committee Meetings

Committees on Civil Rights and Diversity and Inclusion
Contemporary Civil Rights Issues in Relation to the 50th Anniversary of the Civil Rights Act.
Meeting 2:30 p.m. – 5:30 p.m.

Committee on Condominiums and Cooperatives of the Real Property Law Section
Advanced Topics in Condominium and Cooperative Law.
Meeting 2:00 p.m. – 5:00 p.m.

Committee on Immigration
The Future of Immigration Reform—What Will It Look Like and How Will It Define Our Legal Obligations?
Meeting 9:00 a.m. – 12:00 p.m.

Committee on Issues Affecting People with Disabilities
When Special Education is Not Enough: Students Falling Between the Cracks—This program will examine the challenges facing schools, communities and families to meet the needs of an ever growing number of school age children with disabilities that transcend what public schools can offer. In addition to defining the obligations of the public schools to serve this population, the panel will highlight the unique problems facing children involved in the court system, children facing serious family crises, serious mental illness, social maladjustment and drug/alcohol addiction. With a panel of experts from OPWDD, DSS, OMH and the court system, this program will identify the barriers to the development of highly coordinated cooperative community-based model of services and supports for children and families and will share strategies for replacing the outdated and fragmented ones.
Meeting 9:15 a.m. – 12:15 p.m.

Committee on Law Practice Management, Co-Sponsored by the Committees on Attorney Professionalism, CLE, Electronic Communications and Lawyer Assistance
Risk Management 360—The integrated practitioner navigates law practice risks, the stresses of lawyering and ever-changing technology, all while maintaining professional standards. This full-day program wll feature speakers and panelists from multiple disciplines discussing these topics while sharing their expertise about the law of law practice as well as the many resources available to make your practice efficient, effective and rewarding.
Meeting 9:00 a.m. – 5:00 p.m.

Friday, January 31, 2014

Section Meetings

Environmental Law Section
A session filled with discussions on a number of hot topics facing environmental attorneys today, including hydrofracking issues to be decided by the Court of Appeals, the recently announced New York State Department of Environmental Conservation Audit Policy and its related ethical implications, as well as a potpourri of topics that will inform and enlighten the Environmental Law Section.
Meeting 8:50 a.m. – 12:10 p.m.
Reception/Luncheon 12:30 p.m. – 2:00 p.m.

Judicial Section/Council of Judicial Associations
Reception/Luncheon 12:00 p.m. – 2:00 p.m.

Labor and Employment Law Section
Plenary sessions and workshops will include: The Hard Questions Under the Affordable Care Act; New Developments in the Whistleblower Law; DOMA is Dead—The Impact of its Obituary on Other Laws; Impasse Resolution Under the Taylor Law with Emphasis on the New Standard for Interest Arbitration; Recent Developments and Issues in Labor Relations Law.
Meeting 8:30 a.m. – 12:30 p.m.
Dutch Treat Reception and Luncheon 12:30 p.m. – 2:30 p.m.

Young Lawyers Section
Bridge the Gap 2014: See Information from Thursday’s Meeting.
Meeting 9:00 a.m. – 5:00 p.m.

Committee Meetings

Committee on Children and the Law
Advanced Child Protective Litigation—This program will explore recent developments in child protective law and such difficult situations as when the attorney for the child must take the initiative, managing the interconnection with family offense and custody proceedings, complying and coping with Nicolson guidelines on removal of children, involving non-respondent parents and other family resources and pursuing alternatives to foster care placement.
Meeting 9:00 a.m. – 12:15 p.m.

Committee on Not-For-Profit of the Real Property Law Section and the Municipal Law Section
Primer on Real Property Tax Exemptions.
Meeting 9:00 a.m. – 12:10 p.m.