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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Collateral Sources

Report on A.4354/S.1544 which would eliminate the favorable exception to the collateral source rule for plaintiffs who are public employees ( PDF format )

Report on S.4080-A/A.7504-A which would exempt all settlements from collateral source offsets (May 2009) ( PDF format )

Report supporting S. 5555/A.8114 which would amend the civil practice law and rules to exempt all settlements from collateral source offsets in tort claims for personal injury, property damage or wrongful death, and in related subrogation claims ( PDF format )

Absentee Voting

Instituting No-Excuse Absentee Voting in New York (May 2010) ( PDF format )

Abuse and Neglect Proceedings

Letter to the ABA Section on Litigation commenting on the draft Model Act Governing Representation of Children in Abuse and Neglect Proceedings (March 2009) ( PDF format )

Abused Animals

Report on A.9975B/S.6942B which would eliminate the requirement that the impounding organization petition the court to obtain reimbursement for the expense of caring for an abused or neglected animal ( PDF format )

Accessibility

Ensuring Accessibility for People with Disabilities in the Wake of Katrina and of Other Natural and Man-Made Disasters ( PDF format )

Accounting

Disclosure in Management's Discussion and Analysis About the Application of Critical Accounting Policies ( PDF format )

Accounting and Disclosure Requirements

Letter to the SEC commenting on proposed rules to revise the accelerated filer definition and accelerated deadlines for filing periodic reports under the Securities Exchange Act of 1934 ( PDF format )

Accounting Standards

Letter to the SEC in response to Release No. 33-8982, Roadmap for the Potential Use of Financial Statements Prepared in Accordance wit International Financial Reporting Standards by U.S. Issuers (April 2009) ( PDF format )

Administrative Adjudications, Right of Access

"If It Walks, Talks and Squawks . . ." The First Amendment Right of Access to Administrative Adjudications: A Position Paper ( PDF format )

Administrative Procedure - NYC

Report on Ballot Proposals of the 2005 New York City Charter Revision Commission. One proposal would incorporate features of State law with respect to fiscal management and borrowing restrictions. A second proposal relates to the City's administrative justice system ( PDF format )

Testimony to NYC Charter Commission re: Creating Civil Legal Justice Coordinator Position ( PDF format )

Advisory Fees

Letter to the SEC urging them to file an amicus brief in the case of J. & W. Seligman & Co. Incorporated v. Eliot Spitzer in order to articulate the scope of state regulators' authority under the ICA and the National Securities Markets Improvement Act of 1996 (NSMIA)to investigate and litigate advisory fee issues. ( PDF format )

Affordable Housing

Letter to Congress regarding the Manager's Amendment to H.R. 1461 disqualifing certain non-profit organizations from participating in a federal grant program designed to increase the supply of affordable housing for low-income families ( PDF format )

Afghanistan

Letter to President George W. Bush Regarding Human Rights and Security of Women and Girls in Afghanistan ( PDF format )

AIDS/HIV

Letter to Congress regarding the HIV Nondiscrimination in Travel and Immigration Act of 2007 - S.2486 ( PDF format )

Letter to Governor Spitzer urging his administration to consider a number of issues that are of major concern to New Yorkers living with HIV/AIDS ( PDF format )

Letter to the Centers of Disease Control and Prevention, US Department of Health and Human Services regarding the proposed removal of HIV from the list of â€œcommunicable diseases of public health significanceâ€ (August 2009) ( PDF format )

AIDS/HIV Testing

Report on A.7757-A/S.4484.A, A.7610/S.3293, A.7892-A/S.5660 and S.6734 regarding mandatory HIV testing in New York State (Reissued March 2010) ( PDF format )

Air Pollution

Letter to Congress urging ratification of the 1997 Protocol (Annex VI) relating to the treaty known as the International Convention on the Prevention of Pollution from Ships which would establish certain limits on air emissions from large ocean-going vessels ( PDF format )

Alcoholism and Substance Abuse

Report on A.11273-A/S.7833-A concerning the adjudicating of a child (Person in Need of Supervision) to undergo alcohol and drug detoxification (June 2010) ( PDF format )

Report on A.9523-B/S.6361-B concerning youth drug and alcohol detoxification (April 2010) ( PDF format )

Alien Tort Statute

The Alien Tort Statute: Does it Authorize Federal District Courts to Entertain Claims by Aliens Alleging Torts in Violation of International Law Without Explicit Authorization of a "Cause of Action" in Another Federal Statute? ( PDF format )

Alternative Dispute Resolution

Composition of WTO Dispute Settlement Panels ( PDF format )

Mediation Standards Checklist

Alternative Minimum Tax

Letter to Congress regarding the 2007 Reform of the Alternative Minimum Tax ( PDF format )

Americans with Disabilities Act

Letter to the Equal Employment Opportunity Commission commenting on the Commissionâ€™s Proposed Rulemaking to revise its Americans with Disabilities Act (â€œADAâ€) regulations and interpretive guidance â€“ RIN 3046-AA85 (November 2009) ( PDF format )

Animal Confinement Methods

Report on A.8163 regarding the method of confinement of animals raised for food (May 2009) ( PDF format )

Animal Cruelty

Report in support of S.2439 which would require the case tracking database relied on by the FBI to include all animal cruelty offenses ( PDF format )

Report on Legislation to Prohibit the Display of Wild and Exotic Animals for Public Entertainment ( PDF format )

Report regarding S.5144/A.6077-A which would expand the existing definition of aggravated cruelty to animals (April 2010) ( PDF format )

Animal Population Control

A.6158-A/S.4278 Animal population control program (June 2009) ( PDF format )

Animal Rights

Letter to Congress regarding The Animal Enterprise Terrorism Act, 18 U.S.C. Â§ 43 (July 2009) ( PDF format )

Animal Shelters

Report on A.9449-D/S.6412-D requiring the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal (April 2010) ( PDF format )

Animal Testing

Report expressing support for A.7402/S.3528 which would prohibit manufacturers and contract testing facilities from using traditional animal test methods for product safety testing when an alternative has been validated (May 2008) ( PDF format )

Animal Trapping

Report supporting A.1835/S.2142 which would amend the environmental conservation law to allow each county in New York State by local law or ordinance to restrict, limit or prohibit trapping within its municipal limits ( PDF format )

Animal Welfare

Letter on proposed Ground-Based Studies in Neurobehavioral Biology ("Bergman Protocol") (March 2010) ( PDF format )

Animals

Comments on Intro. No. 380, amending the Administrative Code of the City of New York, to clarify the rights of guardians and their companion animals in multiple dwellings; and to grant senior citizens residing in multiple dwellings the automatic right, regardless of three months elapsing, to have companion animals in their apartments ( PDF format )

Letter to Governor Pataki urging him to sign S. 7616 which would prohibit the knowing possession, sale, barter, transfer, exchange or import of certain wild animals as pets ( PDF format )

Letter to Governor Spitzer expressing concern over proposed budget cuts in two animal welfare laws, the Animal Population Program and the Pet Dealer Licensing Law ( PDF format )

Letter to New York City Office of Emergency Management Regarding the need for Emergency Procedures for the Benefit of Animals in Times of Crisis ( PDF format )

Letter to the Department of Agriculture offering recommendations on a variety of topics the Department should consider as it develops policies relating to non-human animals (February 2009) ( PDF format )

Memorandum opposing S. 3330-A/A. 6212-A which would amend the agriculture and markets law, in relation to making it unlawful to force feed birds under certain circumstances unless it is modified to make the unreasonably long implementation period of 11 years shorter ( PDF format )

Memorandum supporting S.2539/A.1641 which would amend the Agriculture and Markets Law to make it a class A misdemeanor to abandon an animal, whether such abandonment occurs in a public or a private place. This amendment is necessary because the current law only prohibits the abandonment of animals in public places ( PDF format )

Report is support of New York City Council Resolution 497 which calls for the increased compliance with Section 809 of the New York State Education Law, which requires instruction on the humane treatment and protection of animals ( PDF format )

Report regarding S.4808/A.1163 which would amend the Public Health Law to prohibit manufacturers and contract testing facilities from using traditional animal test methods for product safety testing when an alternative has been validated and recommended by the ICCVAM (Interagency Coordinating Committee on the Validation of Alternative Methods) and subsequently adopted by the relevant federal agency ( PDF format )

Report supporting S.7691/A.10767 which would amend the Family Court Act and Criminal Procedure Law, in relation to animals being protected under the provisions of a court order of protection ( PDF format )

Report to Governor Spitzer offering suggested actions by regarding important policy decisions facing the incoming administration that will have a substantial effect on the lives of New Yorkâ€™s animals ( PDF format )

Anti Manipulation Rule

Letter to the Federal Trade Commission commenting on the proposals concerning the prohibitions on market manipulation and false information in Subtitle B of the Energy Independence and Security Act of 2007 ( PDF format )

Letter to the Federal Trade Commission commenting on the revised proposals concerning the prohibitions on market manipulation and false information in Subtitle B of the Energy Independence and Security Act of 2007 (May 2009) ( PDF format )

Anti-Human Trafficking

Letter to Governor Spitzer urging he sign into law with modifications A.8679/S.5902 anti-human trafficking legislation ( PDF format )

Antitrust

ANTITRUST "MARKET POWER" AND INTELLECTUAL PROPERTY: WHY FTC AND DOJ ACTION IS NECESSARY ( PDF format )

Ape Protection

Report commenting on the Great Ape Protection Act (H.R. 5852) (July 2008) ( PDF format )

Arbitration

Recommendations Regarding the Arbitration Fairness Act of 2009, H.R. 1020 (July 2010) ( PDF format )

Statement Regarding the Arbitration Fairness Act of 2009, H.R.1020/S.931 (October 2009) ( PDF format )

Arbitration Equitable Remedies

Lack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of Foreign Arbitral Awards ( PDF format )

Arbitration ¡V Equitable Remedies

Amendment of New York Civil Practice Law and Rules Section 7502(c) to Permit Attachments and Preliminary Injunctions in Connection with National and International Arbitrations ( PDF format )

Arizona statute

Report on the Constitutionality of Arizona Immigration Law S.B. 1070 (July 2010) ( PDF format )

Arraignment

Letters to the New York City District Attorneys expressing support for New York Cityâ€™s e-arraignment program ( PDF format )

Asset Backed Securities

Letter to the SEC Regarding Proposed Rule: Asset Backed Securities ( PDF format )

Asylum

Gender-Related Asylum Claims and the Social Group Calculus: Recognizing Women as a "Particular Social Group" Per Se ( PDF format )

Letter to the US Citizenship and Immigration Services commenting on the proposed changes to the affirmation asylum application procedures ( PDF format )

Letter to the US Court of Appeals, Second Circuit, expressing concern with a new procedure which would place all appeals that include an asylum, withholding of removal or Convention against Torture claim on a Non Argument Calendar ( PDF format )

Letter to U.S. Attorney General Michael Mukasey requesting review of the Board of Immigration Appeals decision in the Matter of A-T- (female genital mutilation) ( PDF format )

Attorney Accreditation

Letter to the Department of Veterans Affairs commenting on the proposed rules for Accreditation of Agents and Attorneys; Agent and Attorney Fees ( PDF format )

Attorney Conduct

Comments on the NY State Bar Association's Proposed Amendments to the New York Code of Professional Responsibility Rules 1.1-1.4, 3.1, 3.2, 3.5-3.9 and 8.1-8.4 (May 2006) ( PDF format )

Comments on the NY State Bar Associationâ€™s Proposed Amendments to the New York Code of Professional Responsibility Rules 1.11, 1.12, 2.1, 2.3, 2.4, 4.2, 4.3, 4.4, and 6.1 â€“ 6.5 (January 2007) ( PDF format )

Format Change for Standards of Attorney Conduct in New York ( PDF format )

Attorney-legislators

Reforming NYS's Financial Disclosure Requirements for Attorney Legislators (January 2010) ( PDF format )

Attorney/Client Confidentiality

Proposed Amendment to the Rule of Professional Conduct 1.6 - Authorizing Disclosure of Confidential Information of Deceased Clients (June 2010) ( PDF format )

Attorney/Client Privilege

Amicus Brief: Hepting v. AT & T Corp. (U.S. Court of Appeals, Ninth Circuit, April 2007) ( PDF format )

Letter to Congress regarding the Proposed Attorney-Client Privilege Protection Act of 2007 (S.186) ( PDF format )

Statement Regarding the US Department of Justice Final Rule Allowing Eaves Dropping on Lawyer/Client Conversations ( PDF format )

Attorneys fees

Report on legislation amending Judiciary Law Sections 475 and 475-a (collectively, the â€œLien Lawâ€)(Reissued June 2010) ( PDF format )

Report proposing amendments to the Judiciary Law Sections 475 and 475-a (collectively, the â€œLien Lawâ€) (November 2008) ( PDF format )

Auditors

Letter to the American Institute of Certified Public Accountants commenting on their draft report on Auditor Attendance at Due Diligence Meetings with Underwriters ( PDF format )

Second letter to the American Institute of Certified Public Accountants commenting on their revised draft report on Auditor Attendance at Due Diligence Meetings with Underwriters ( PDF format )

Audits

Comments to PCOAB re: Proposed Auditing Standard ¡V Reporting on the Elimination of a Material Weakness ( PDF format )

Letter to the Public Company Accounting Oversight Board Commenting on PCAOB Release No. 2003-17; Rulemaking Docket Matter No. 008 Proposed Auditing Standard - An Audit of Internal Control Over Financial Reporting Performed in Conjunction with an Audit of Financial Statements ( PDF format )

Letter to the Public Company Accounting Oversight Board Commenting on Release No. 2003-17, Proposed Auditing Standards ( PDF format )

Aviation Safety

Report on Aviation Safety

Bank Products

Letter to the Federal Reserve Regarding (Docket No. OP-1158) Anti-Tying Restrictions ( PDF format )

Report expressing opposition to the Advisory Committee on Bankruptcy Rules proposed amendments to the Federal Rules of Bankruptcy Procedure (February 2008) ( PDF format )

Bank Products

Letter to the Federal Reserve requesting that they issue a final version of its proposed interpretation and supervisory guidance on the Anti-Tying Restrictions on Section 106 of the Bank Holding Company Act Amendments of 1970 ( PDF format )

Bankruptcy

CORPORATE CRISIS MANAGERS AND DISINTERESTEDNESS UNDER THE BANKRUPTCY CODE ( PDF format )

Letter to Congress supporting to the movement to amend, or in a limited fashion delay the effectiveness of, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in light of the recent tragedies caused by Hurricane Katrina ( PDF format )

Report on the Purchase and Sale of Intellectual Property In Bankruptcy Cases and proposed revisions to 11 U.S.C. Section 365(C)(1) ( PDF format )

Bankruptcy Legislation

Letter to Senate Opposing the Bankruptcy Venue Bill (Fairness in Bankruptcy Litigation Act of 2005) ( PDF format )

Re: S. 256 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ( PDF format )

Bar Exam

Public Service Alternative Bar Examination ( PDF format )

Report in Opposition to the Board of Law Examiner's Proposal to Increase the Passing Score on the New York Bar Examination ( PDF format )

Batterers Education

Choosing Between Batterers Education Program Models: Recommendations to the New York City Domestic Violence Criminal and Family Courts ( PDF format )

Bear poaching

Report in support of HR 3029 which would prohibit the trade, both domestic and international of bear viscera ( PDF format )

Beauty Contests

Duties to Prospective Clients; Beauty Contests; Advance Conflict Waivers; Imputation of Conflicts; Screens

Board of Directors - Nonprofits

Report on S.2138 amending the Not-For-Profit Corporation Law in relation to the duty of directors and available relief for breach of duty (October 2009) ( PDF format )

Boards of Directors

Letter to the SEC commenting on the proposal regarding disclosure of compensation of directors serving on special committees of boards of directors ( PDF format )

Budget - NYS Judiciary

Report on the Judiciary's 2003-04 Budget Request ( PDF format )

Cambodia

Letter regarding the threats and intimidation of lawyers in Cambodia (July 2009) ( PDF format )

Cameras in the Courtroom

Report expressing support for A.3950/S.2067 which would permit news coverage by audio-visual means of courtroom trials in New York State ( PDF format )

Campaign Finance

Comments on Amendments Proposed by the Campaign Finance Board, December 2004, Regarding the reporting of employment information and contributions by limited liability corporations and partnerships ( PDF format )

Comments on NYC Campaign Finance Board Proposed Rules Regarding Reporting and Treatment of Contributions (12/04) ( PDF format )

Comments on Rules Proposed by the Campaign Finance Board, July 2004 ( PDF format )

Contributions to Campaigns of Candidates for Surrogate and Appointments by Surrogates of Guardians Ad Litem

Dollars & Democracy: A Blueprint for Federal Campaign Finance Reform - Part I

Dollars & Democracy: A Blueprint for Federal Campaign Finance Reform - Part II

Letter to William Perkins,chair, NYC Council Committee on Governmental Operations Supporting Intro. No. 382-a, A Bill to Amend the NYC Campaign Finance Act ( PDF format )

Campaign Finance Reform

Testimony before the NYC Campaign Finance Board commenting on the NYC Campaign Finance Program which seeks to reduce the corrupting effect of large campaign contributions to public officials, encourage candidates to run for public office who would otherwise lack the resources to do so and to motivate public participation in the electoral process ( PDF format )

Canned Hunts

Report in support of S.784/A.2612 which would extend the prohibition on conducting a canned hunt in a confined area of less than 10 acres to conducting one in a fenced or other area from which there is no means for such animal to escape ( PDF format )

Capital Adequacy Framework

Letter commenting on a proposed new risk-based capital adequacy framework (CAF) ( PDF format )

Capital Punishment

Amicus Brief, People v. Shulman ( PDF format )

Empire State Injustice: Based Upon a Decade of New Information, A Preliminary Investigation of How New York's Death Penalty System Fails to Meet Standards for Accuracy and Fairness ( PDF format )

Letter to State Assembly Urging that Capital Defender Office not be Eliminated ( PDF format )

Statement to the Obama Administrationâ€™s transition team regarding application of the federal death penalty (December 2008) ( PDF format )

Statement urging that the NYS Legislature not rush into reinstating the death penalty but rather first study the practical consequences and costs of capital punishment ( PDF format )

The Pataki Administration`s Proposals to Expand the Death Penalty

Transcript of Association program on "Catholic Lawyers and the Death Penalty," featuring Kings County District Attorney Charles Hynes and Capital Defender Kevin Doyle, held at Fordham University School of Law, 9/8/2004 ( PDF format )

Certification of State Law

Report and Recommendations on Second Circuit Certification of Determinative State Law Issues to the New York Court of Appeals

Chad

Letter to Congress and the Ambassador of War Crimes at the U.S. State Department urging the expeditious prosecution of the former dictator of Chad, HissÃ¨ne HabrÃ© ( PDF format )

Charitable contributions

Letter to the Attorney General's Office endorsing the Attorney General's Legislative Program Bill #63-05 which would amend New York Executive Law regarding the solicitation of charitable contributions ( PDF format )

Charitable gifts

Follow-up letter to the US Senate Committee on Finance regarding the Committees December 2006 report on certain provision of the Pension Protection Act of 2006 relating to charitable gifts ( PDF format )

Report commenting on certain provisions of the Pension Protection Act of 2006 relating to charitable gifts of fractional interests in tangible personal property ( PDF format )

Charitable organizations

Letter to the National Conference of Commissioners on Uniform State Laws commenting on the Uniform Prudent Management of Institutional Funds Act ( PDF format )

Report on the Uniform Prudent Management of Institutional Funds Act ("UPMIFA") (April 2009) ( PDF format )

Charitable Remainder Trust

Comments on Revenue Procedure 2005-24 which provides a safe harbor rule pursuant to which a spousal right of election will be disregarded for purposes of determining whether a charitable remainder annuity trust ("CRAT") or a charitable remainder unitrust ("CRUT") meets the requirements of Internal Revenue Code ¡±¡± 664(d)(1)(B) or (d)(2)(B), respectively, from the trust¡¦s inception. ( PDF format )

Letter to the IRS highlighting inconsistencies in two recently issued Private Letter Rulings which set forth the calculation method of the income interest upon early termination of a net income with makeup charitable remainder unitrust (NIMCRUT) ( PDF format )

Charter Commission

Ballot Proposals of the 2003 New York City Charter Revision Commission ( PDF format )

Letter to Frank Macchiarola, Commissioner of the 2003 Charter Revision Commission, Providing Preliminary Comments ( PDF format )

Letter to Mayor Bloomberg regarding the appointment of a new Charter Revision Commission (Janaury 2010) ( PDF format )

Charter Revision Commission

Issues for Consideration by the Charter Revision Commission (April 2010) ( PDF format )

Child Client

Letter to the ABA in support of the ABA Litigation Sectionâ€™s opposition to the Uniform Representation of Children in Abuse, Neglect and Custody Proceedings Act proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) ( PDF format )

Child Custody

Amicus Brief filed with the Intern American Commission on Human Rights in the Matter of Atala. The brief argues that the Chilean Supreme Court's denial of custody to Ms. Atala of her children solely on the basis of her sexual orientation is discriminatory and violates her rights protected by the American Convention on Human Rights ( PDF format )

Amicus Brief: Debra H. v. Janice R. filed in New York State Court of Appeals, July 2009 ( PDF format )

Amicus Brief: Merits Brief, Debra H. v. Janice R. filed in New York State Court of Appeals (October 2009) ( PDF format )

Report in support of legislation which would amend the Domestic Relations Law and Family Court Act to require a court, prior to issuing any order of custody and/or visitation, to review child abuse and maltreatment, orders of protection, warrants of arrest and sex offender registries (A.7329/S.4877) ( PDF format )

Child Support

Amicus Brief: H.M. v. E.K. filed in the New York State Court of Appeals (December 2009) ( PDF format )

Child Welfare

Letter to Governor Patterson regarding financial reductions to the State's budget (August 2008) ( PDF format )

Letter to Sheldon Silver, Speaker of the NYS Assembly, Regarding the New York City Administration for Children's Services Budget ( PDF format )

Children

Letter to Governor Paterson regarding the provisions in Article 7 budget legislations which impact children and families (April 2010) ( PDF format )

Letter to Governor Spitzer highlighting issues that should be given priority by the administration including children, families, family court and juvenile justice ( PDF format )

Statement to the Obama Administration's transition team regarding services for at-risk children and families (December 2008) ( PDF format )

Children with Disabilities

Report supporting S.7469/A.10071 (â€œP.J.â€™s lawâ€) which would require school-bus drivers and attendants transporting children with disabilities to complete training in childrenâ€™s special needs ( PDF format )

Children with Mental Disabilities

Report supporting the passage of "The Children's Mental Health Act of 2006" (A.9649/S.6672), which would provide for the establishment of a children's mental health plan ( PDF format )

Chile

Letter to Senator Eduardo Frei Ruiz-Tagle, President of the Senate of Chile, expressing support for the appointment of Judge Carlos Cerda Fernandez to the Supreme Court of Chile ( PDF format )

Chimpanzees

Report on S.1916/H.3295 the Chimpanzee National Sanctuary Systems (CHIMP Act) ( PDF format )

China

Council on International Affairs Title...Report of the Association's Mission to China December 6 - 17, 2009 (May 2010) (to be published in the Columbia Journal of Transnational Law) ( PDF format )

Letter to the All China Lawyer Association expressing concern over the recent intimidation of lawyers in China following their public commitment to provide legal services to individuals detained following protests in Chinaâ€™s Tibet Autonomous Region (TAR). ( PDF format )

Letter to the All China Lawyers Association expressing concern over reports by lawyers in China of increased harassment in the course of their work. (July 2, 2009) ( PDF format )

Letter to the All China Lawyers Association regarding reports by lawyers in China of increased harassment in the course of their work ( PDF format )

Choice of Court Agreements

Report on the Hague Convention on Choice of Court Agreements ( PDF format )

City Bar Fund Annual Report

City Bar Fund Annual Report 2002-2003 ( PDF format )

City University of New York

Part 1: Remediation and Access: To Educate the “Children of the Whole People”

Part 2: Governance and Funding: "By the Popular Will, Not by the Privileged Few"

Civil Court Judges

Letter Regarding A.11398/S.1745-A Which Calls For an Increase in the Number of Judges in the New York City Civil Court (June 2010) ( PDF format )

Civil Liberties/Security

Amicus Brief: ACLU v. Department of Defense (US Ct of Appeals, Second Circuit, September 2006) ( PDF format )

Amicus Brief: Bismullah v. Gates (U.S. Court of Appeals, District of Columbia Circuit, May 2007) ( PDF format )

Amicus Brief: Gonzales v. ACLU (U.S. Court of Appeals, Second Circuit, August 2005) ( PDF format )

Amicus Brief: Hamdan v. Rumsfeld ( PDF format )

Amicus Brief: Hamdan v. Rumsfeld (U.S. Court of Appeals, District of Columbia Circuit, December 2004) ( PDF format )

Amicus Brief: Hamdan v. Rumsfeld (US Supreme Court, January 2006) ( PDF format )

Amicus Brief: Hamdan v. Rumsfeld, (U.S. Supreme Court, January 2006) ( PDF format )

Amicus Brief: Hamdan v. Rumsfeld, on a petition for certiorari (US Supreme Court, September 2005) ( PDF format )

Amicus Brief: Jose Padilla v Donald Rumsfeld ( PDF format )

Amicus Brief: Padilla v. Hanft (Fourth Circuit) ( PDF format )

Amicus Brief: Padilla v. Hanft (U.S. Supreme Court) ( PDF format )

Amicus Brief: Padilla v. Rumsfeld, (US Supreme Court, April 2004) ( PDF format )

Association letter to Senate Select Committee on Intelligence, regarding USA Patriot Act hearings ( PDF format )

Letter to Attorney General Alberto Gonzales Urging he withdraw the proposed order restricting attorney-client relations at the Detention Camp at Guantanamo Bay ( PDF format )

Letter to Congress regarding the establishment of a professional advisory panel with a mandate to advise Congress about the appropriate means to establish a military commission system to respond to the Supreme Court decision in Hamdan v. Rumsfeld ( PDF format )

Senate Armed Services Committee Questions for the Record at the Hearing on July 19, 2006 on whether to continue to receive testimony on military commissions in light if the Supreme Court decision in Hamdan v. Rumsfeld, responses by the Chair of the Committee on Military Affairs and Justice ( PDF format )

Class Actions

Consumer Class Actions in New York ( PDF format )

State Class Actions: Three Proposed Amendments to Article 9 of the Civil Practice Law and Rules ( PDF format )

Client Conflicts

Formal Opinion 2005-05: Unforeseeable Concurrent Client Conflicts

Climate Change

A Guide to Understanding Climate Change Legislation (March 2008) ( PDF format )

Climate Change Mitigation and Adaptation Principles (December 2009) ( PDF format )

Cloning

Statement in Opposition to a Federal Legislative Ban on Therapeutic Cloning ( PDF format )

Collective Bargaining

Position paper in opposition to the National Labor Relations Board's interpretation of the National Labor Relations Act regarding collective bargaining and the threat of terrorist attacks ( PDF format )

Columbia

Letter to the President of Colombia expressing concern that recent statements made by him are inconsistent with international standards that safeguard the independence of lawyers and judges ( PDF format )

Commercial Division

Letter providing comments on the proposed rules for justices of the commercial division ( PDF format )

Letter to Chief Judge Kaye commenting on the July 2006 OCA reporton the Commercial Division Focus Groups ( PDF format )

Commercial Rent Control

Report on City Council Legislation regarding Commercial Rent Control (July 2010) ( PDF format )

Commodity Pool

Letter to the Commodity Futures Trading Commission regarding the Commissionâ€™s proposal to amend its governing commodity pool operator periodic account statements and annual financial reports (March 2009) ( PDF format )

Letter to the North American Securities Administrators Association (NASAA) commenting on the proposed revisions to the Guidelines for Commodity Pool Programs ( PDF format )

Commodity Trading Advisor

Letter to the Commodity Futures Trading Commission in support of the Commission's proposal to define the term "client" of a commodity trading advisor in a new Commission rule ( PDF format )

Commodity Trading Advisor, Advertising by

Letter to the Commodity and Futures Trading Commission expressing support for the proposal to amend the rules governing advertising by commodity pool operators, commodity trading advisors ( PDF format )

Common Interest Privilege

Recommendations that State Civil Courts Adopt the Common Interest Privilege

Community Benefit Agreements

The Role of Community Benefit Agreements in New York City's Land Use Process (March 2010) ( PDF format )

Compensation Plans

Letter to the IRS commenting on Notice 2010-6 (Correcting Documentary Failures Pursuant to Section 409A) (May 2010) ( PDF format )

Condemnation and Tax Certiorari

Comments on Recommendations to Eliminate the Potential for Future Corruption in the Real Property Assessment Unit of the NYC Department of Finance ( PDF format )

Letter to the New York City Tax Commission commenting on proposed amendments which seek to regulate the conduct of non-attorney representatives appearing before the Tax Commission ( PDF format )

Confidentiality

Formal Opinion 2005-3: Voluntary Attorney Testimony Concerning Former Clients

Confidentiality Agreements

Model Confidentiality Agreement ( PDF format )

Conflict of Interest

Advanced Waivers of Future Conflicts: Multiple Representations; Informed Consent; Waiver of Conflicts

Corporate Legal Departments and Conflicts of Interest between Represented Corporate Affiliates

Congo, Republic of

Letter to the President of the Republic of the Congo expressing concern about the case of Ms. Nlandu ( PDF format )

Congressional Ethics

Report on the Creation of an Independent Ethics Commission, August 2007 ( PDF format )

Consent Decrees

Letter to Congress opposing proposed Federal Consent Decree Fairness Act (S.489/HR1229) ( PDF format )

Construction

Alternate Methods of Public Works Procurement ( PDF format )

Letter in support of A5805/S1099 which would amend the Lien Law to cover hybrid public/private projects ( PDF format )

Letter to Governor Pataki Regarding the Use of Liberty Bonds to Finance a Power Plant in Queens ( PDF format )

Construction Procurement Laws

"Building in the 21st Century" Public Construction Law Reform and Opportunities for Savings, Record of Program Proceedings that took place on November 25, 2008 ( PDF format )

21st Century Construction 20th Century Construction Law ( PDF format )

After having commented on the Preliminary Report in February 2009, letter providing additional comments to the State Asset Maximization Commission on its now Final Report (October 2009) ( PDF format )

Comments to the State Asset Maximization Commission: Modernizing Public Construction Procurement for New York's Public Owners - If Not Now, When? (February 2009) ( PDF format )

Consumer Debt

Amicus Brief: Portfolio Recovery Associates LLC v. King (January 2010) ( PDF format )

Letter to OCA commenting on the Advisory Committee on Civil Practice's proposed Rule 216.2 which addresses privacy concerns in the filing of papers in civil proceedings (April 2010) ( PDF format )

Consumer Protection

Letter to the NYS Legislature regarding A.1393, the Online Consumer Protection Act (May 2009) ( PDF format )

Contract of Sale - Real Property

Model form of Contract of Sale -- Office, Commercial and Multi-Family Residential Premises plus Commentary ( PDF format )

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Letter to the President of Pakistan urging the Pakistani government to comply with its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ( PDF format )

Cooperative Apartment Purchase/Sale

Memorandum in opposition to proposed local law, Intro. 504, that would amend the New York City Human Rights Law to require apartment cooperative boards to set forth in writing specific reasons for withholding consent to the sale of an apartment ( PDF format )

Copyright Law

Comments to Copyright Office re: Notice of Inquiry Regarding the Problem of Orphan Works ( PDF format )

Corporate Bankruptcy

Corporate Bankruptcies: Trends in Asset Sales and Liquidations (March 2010) ( PDF format )

Corporate Control Contests

Letter to the SEC commenting on the proposed NASD Rule 2290 Regarding Fairness Opinions in Corporate Control Transactions (May 2006) ( PDF format )

Corporate Control Contests

Comment re: Notice to Members 04-83 - Request for Comment on Whether to Propose New Rule That Would Address Conflicts of Interest When Members Provide Fairness Opinions in Corporate Control Transactions ( PDF format )

Comments to NASD re: on Whether to Propose New Rule That Would Address Conflicts of Interest When Members Provide Fairness Opinions in Corporate Control Transactions ( PDF format )

Corporate Ethics

Corporate Ethicsin an Age of Steroids ( PDF format )

Corporate Governance

Letter to the SEC Concerning (File No. S7-14-03; Release No. 34-48301) Disclosure Regarding Nominating Committee Function and Communications Between Security Holders and Boards of Directors ( PDF format )

Report of the Task Force on the Lawyer's Role in Corporate Governance ( PDF format )

Corporate retirement programs

Employer Stock Litigation: The Tension Between ERISA Fiduciary Obligations and Employee Stock Ownership ( PDF format )

Court Restructuring

Report on the Merger of the Bronx Supreme and Criminal Courts (June 2009) ( PDF format )

The Chief Judge's Court Restructuring Plan, with Certain Modifications, Should be Adopted

Courthouse policy

Letter to the US District Court for the Southern District of New York urging that all attorneys be permitted to bring wireless enabled PDA's and cellular phones into the SDNY courthouses ( PDF format )

Credit Ratings

Letter to the SEC commenting on proposed amendments to rules relating to credit ratings disclosure (File No. S7-24-09) and concept release on possible rescission of rule 436(g) under the Securities Act of 1933 (File No. S7-25-09) (December 2009) ( PDF format )

Cross Border Rules

Letter to the SEC commenting on proposed revisions to the Cross-Border Tender Offer, Exchange Offer and Business Combination Rules and Beneficial Ownership Reporting Rules for Certain Foreign Institutions ( PDF format )

Custodial interrogations

Report on A.5213/S.7877 which would require electronic recording of custodial interrogations in felony cases (June 2010) ( PDF format )

Darfur

Letter to Secretary of State Rice Recommending that the US Representative to the UN Security Council Vote to Refer the Darfur Situation to the International Criminal Court ( PDF format )

Letter to the International Commission of Inquiry on Darfur Recommending that the UN Refer the situation in Darfur to the International Criminal Court ( PDF format )

Death Tax

Letter to Congress regarding reinstating the state death tax credit at the federal level. ( PDF format )

Debt Buyers

NO report under this category is currently available
Debt Buyers

Report in support of Intro. 0660-2007 which amends the administrative code of the City of New York in relation to buyers of consumer debt (January 2009) ( PDF format )

Debt Collection Practices

Comments on proposed amendments to the New York Fair Debt Collections Practices Act (NYFDCPA) ( PDF format )

Report on A.3926-D/S.7071-A requiring that debt collection agencies be licensed by the state (Revised June 2010) ( PDF format )

Report on the Consumer Credit Fairness Act - A.7558-A/S.4398-A (Reissued May 2010) ( PDF format )

Testimony on the Consumer Credit Fairness Act - A.7558/S.4398 (May 2009) ( PDF format )

Debtors and Creditors

Report expressing support for A.8527/S.6203, the Exempt Income Protection Act ( PDF format )

Demonstrations

Letter to Mayor Bloomberg Regarding the Right to March in New York City ( PDF format )

Department of Defense

Letter to Secretary of Defense Robert Gates regarding statements made by Deputy Assistant Secretary of Defense for Detainee Affairs, Charles D. Stimson, at an interview with federal news service on January 11, 2007 ( PDF format )

Letter to the Senate Armed Services Committee regarding the nomination of Robert M. Gates as Secretary of Defense ( PDF format )

Department of Justice

Letter to Congress supporting the holding of broad oversight hearings in the Senate to review the current state of the Civil Rights Division of the Department of Justice ( PDF format )

Derivative Transactions

A.8536/S.3878-A Derivative and Replication Transaction-Extender ( PDF format )

Derivatives

Letter to congress regarding the Over-the-Counter Derivatives Markets Act of 2009 (October 2009) ( PDF format )

Desegregation

Amicus Brief: Parents Involved in Community Schools v. Seattle School District No. 1, filed in the U.S. Supreme Court ( PDF format )

Detainees

Amicus Brief: Boumediene v. Bush (filed in the U.S. Supreme Court, August 2007) ( PDF format )

Letter to Congress expressing concern regarding the Uniting and Strengthening America Act of 2001 ( PDF format )

Letter to President Elect Obama Offering Recommendations Regarding Detention and Trial of Detainees ( PDF format )

Letter to President Obama regarding indefinite or prolonged detention without trial (July 2009) ( PDF format )

Letter to Professor Jose Alverez supporting the Resolution passed by the American Society of International Law on the Use of Armed Force and the Treatment of Detainees ( PDF format )

Letter to the INS opposing the Interim Rule which bars the release of the identity or other information relating to Service detainees being housed or otherwise maintained in non-federal facilities ( PDF format )

Letter to the INS urging that the current custody procedures which specify the period of time in which the INS must make a determination following an arrest without a warrant not be amended ( PDF format )

Detainees, release of

Amicus Brief: Kiyemba v. Obama (re: Petition for Certiorari, U.S. Supreme Court, May 2009) ( PDF format )

Amicus Brief: Kiyemba v. Obama (U.S. Supreme Court, December 2009) ( PDF format )

Detainees, Right to Counsel

City Bar Statement Condemning Attacks on Department of Justice Lawyers Who have Represented Guantanamo Detainees (March 2010) ( PDF format )

Letter to Senate Armed Services Committee Re: Proposed Section 1037 of the National Defense Authorization Act for Fiscal Year 2011 (May 2010) ( PDF format )

The Right to Counsel for Detained Individuals in Removal Proceedings (August 2009) ( PDF format )

Detainees, Treatment of

Analysis of DOD Directive 3115.09 ( PDF format )

Detention of Lawful Permanent Residents

Letter to the Department of Homeland Security regarding mandatory detention under the Immigration and Nationality Act (July 2009) ( PDF format )

Development, Hudson Yards

Report on the Financing of the Hudson Yards Infrastructure Project ( PDF format )

Disabilities

Access Rights of People with Disabilities and their Service Animals

Best Practices Guidelines for Employer Interviewing Job Candidates with Disabilities ( PDF format )

Comments on the reauthorization of the Individuals with Disabilities Education Act ( PDF format )

Report on The Medicare Independent Living Act of 2007 (H.R.1809) which would provide Medicare coverage of power wheelchairs for use outside the home (February 2008) ( PDF format )

The United Nations Convention on the Rights of Persons with Disabilities (November 2008) ( PDF format )

Website Accessibility for People With Disabilities ( PDF format )

Disclosure of Classified Information

Letter to Congress urging the opposition of the amendment to S.236 proposed by Senator Kyl which would broaden Section 798(a) of Title 18 of the United States Code ( PDF format )

Disclosure of client confidences and secrets; scope of the exception concerning the client's intention to commit a crime.

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK FORMAL OPINION 2002-01

Disclosure of privileged materials

Letter to Congress expressing support for S.2450 which would amend the Federal Rules of Evidence by adding Rule 502 which addresses the effect of disclosure of privileged materials in federal courts and proceedings before federal offices and agencies ( PDF format )

Discovery

Comments on Proposed Electronic Discovery Amendments to the Federal Rules of Civil Procedure ( PDF format )

Letter to the Administrative Office of the United States Courts commenting on whether or not problems in practice exist under Federal Rule of Civil Procedure 30(b)(6) that would best be addressed through an amendment to the Rule or whether continued development of case law would suffice ( PDF format )

Discrimination

A755-A/S.958-B and A.1055-A/S.4460 which would prohibit employment discrimination and housing discrimination against victims of domestic violence (June 2009) ( PDF format )

It is Time to Enforce the Law: A Report on Fulfilling the Promise of the New York City Human Rights Law

Letter to Congress expressing support for H.R. 2015, The Employment Non-Discrimination Act (ENDA) ( PDF format )

Letter to NYC Council Speaker Miller urging that the City enact the Local Civil Rights Restoration Act (Intro 22-A) ( PDF format )

Letter to the U.S. Department of Labor urging that the ninety-day waiver of the affirmative action requirements of Executive Order 11246 that the Deputy Assistant Secretary granted on September 9 to companies awarded federal contracts for Hurricane Katrina relief activities be rescinded ( PDF format )

Report in support of legislation which would amend New York State's Human Rights Law to prohibit employment discrimination (A.1222/S.3052) and housing discrimination (A.5916/S.3072) against actual or perceived victims of domestic violence and stalking ( PDF format )

Report on City Council Int. No. 305, in relation to prohibiting housing discrimination against actual or perceived victims of domestic violence, sex offenses or stalking ( PDF format )

Diversity

Letter to President Obama regarding the nomination of minority candidates to United State Attorney positions ( PDF format )

Diversity in the Profession

Diversity Benchmarking Study - A Report to Signatory Law Firms ( PDF format )

Report and Recommendations with Regard to the Statement of Goals for Increasing Minority Retention and Promotion

Resource Guide: Best Practices Standards for the Recruitment, Retention, Development, and Advancement of Racial/Ethnic Minority Attorneys ( PDF format )

Diversity on the Bench

Letter to Governor Spitzer urging greater diversification of New York Stateâ€™s judiciary through the appointment and election of members of the LGBT and other under-represented populations (February 2008) ( PDF format )

Divorce and Maintenance Laws

Report on A.11447 Review and Assess the Divorce and Maintenance Laws of New York State (June 2010) ( PDF format )

Dog Runs

Testimony before the New York City Department of Health & Mental Hygiene on permitting animals off-leash in parks ( PDF format )

Testimony before the New York City Department of Parks and Recreation, February 22, 2007 commenting on the current policy of permitting off-leash exercise and socialization for dogs in designated parks ( PDF format )

Dog Tethering

Report expressing support for A.7147/S.6046 which would prohibit dogs from being tethered for more than six hours in any twenty-four hour period (April 2010) ( PDF format )

Report expressing support for New York City Council proposed ordinance Sec. 17-102 which would restrict tethering of dogs that takes place outdoors to no more than three continuous hours in any 12-hour period ( PDF format )

Domestic Violence

Letter to NYC Housing Authority urging that it continue and strengthen efforts to ensure that its policies most effectively help battered women seek and maintain safety ( PDF format )

Domestic Violence Perpetrators

Report on A.10492/S.7411 which would enhance the penalty for domestic violence perpetrators who repeatedly violate orders of protection ( PDF format )

Domestic Violence Victims

Report on A.1055-B/S.4460-A which would prohibit housing discrimination against victims of domestic violence (March 2010) ( PDF format )

Report on A.4516-D/S.3438-B regarding merit time for incarcerated survivors of family or household violence (Reissued January 2010) ( PDF format )

Domestic Violence, Emergency Residential Services

Report on A.10228/S.7185 which would permit all victims of domestic violence, including non-qualified aliens, to be eligible for emergency domestic violence residential services ( PDF format )

Downed animals

Report on S.3352/A.10564 and S.7847/A.10843 which would alleviate some of the cruelty that exists with respect to nonambulatory and downed animals in agriculture ( PDF format )

Drug Convictions, Sealing of

Report expressing support for A.4552 which would permit the conditional sealing of certain drug and marijuana convictions (November 2008) ( PDF format )

Drug Offenders

Letter to Congress urging support of HR 4213, the Elimination of Barriers for Katrina Act, which would allow all victims of Hurricane Katrina or Hurricane Rita, even those who have a prior drug conviction, to obtain important federal benefits ( PDF format )

Drug Prohibition

A Wiser Course: Ending Drug Prohibition (June 1994) ( PDF format )

A Wiser Course: Ending Drug Prohibition, Fifteen Years Later" â€“ A Statement from the Committee on Drugs and the Law (April 2009) ( PDF format )

Drug Use

Report on A.8147/S.5191 regarding the use of a controlled substance obtained during medial treatment for an overdose as evidence (January 2010) ( PDF format )

Education

Amicus Brief, Kruger v. Bloomberg ( PDF format )

Comments on the reauthorization of the Individuals with Disabilities Education Act ( PDF format )

Dignity for All Students Act (Reissued May 2010) ( PDF format )

Ending Discrimination in Gifted Education in the New York City Public Schools ( PDF format )

Letter to Congress opposing legislation that would allow the McKinney-Vento Homeless Education Assistance Act requirements to be waived in schools accepting a child displaced by Hurricane Katrina ( PDF format )

Letter to Governor Pataki urging in accordance with the mandate in Campaign for Fiscal Equity v. State the state ascertain the actual cost of providing a sound and basic education in New York City ( PDF format )

Strengthening School Leadership and School-Level Accountability: Rethinking Principals’ Rights and Responsibilities After Governance Reform

Education, Funding for

Amicus Brief: Campaign for Fiscal Equity, Inc. v. Pataki (New York State Court of Appeals, August 2006) ( PDF format )

Election Law

Amicus Brief: Muntaqim v. Coombe (U.S. Court of Appeals, Second Circuit)(Voting Rights Act Protects Felons' Right to Vote) ( PDF format )

Filling United States Senate Vacancies in New York (May 2010) ( PDF format )

Letter to Governor George E. Pataki Regarding New York State's Implementation of the Federal Help America Vote Act "HAVA" ( PDF format )

New York's Failure to Comply with the "Motor/Voter" Law

Testimony before the New York City Council in support of the Voting Rights Restoration Act (Intro. No. 628) which would allow foreign born residents to vote in municipal elections ( PDF format )

Election law reform

Recommendation on Governmental Structure and Election Issues for the 2010 Charter Revision Commission (June 2010) ( PDF format )

Statement to the 2010 Charter Revision Commission (July 2010) ( PDF format )

Election Procedures

Letter to Michael Cardozo, Corporation Counsel, regarding the Election Modernization Task Force ( PDF format )

Electoral College

Proposed Constitutional Amendment Providing for the Direct Election of the President and Vice President of the United States ( PDF format )

Electric Regulation

Report on Electric Regulation in the State of New York ( PDF format )

Electric Utilities

Electric Utilities Restructuring in New York: A Status Report

Electronic Court Records

Report Recommending a New York State Court Rule Requiring that Sensitive Personal Information be Omitted or Redacted from Documents Filed with Civil Court (February 2010) ( PDF format )

Electronic Discovery

Explosion of Electronic Discovery in All Areas of Litigation Necessitates Changes in CPLR ( PDF format )

Letter Regarding Amendments to the Federal Rules of Civil Procedure Concerning Electronic Discovery ( PDF format )

Letter to E-discovery Working Group of the New York State Unified Court System on Electronic Discovery in the New York State Courts (June 2010) ( PDF format )

Letter to the New York State Administrative Board urging the Uniform Rules be amended to expressly include e-discovery as a subject at preliminary conferences and proposing suggested language for such an amendment ( PDF format )

Manual for State Trial Courts Regarding E-Discovery Cost Allocation (August 2009) ( PDF format )

Electronic Documents

A Lawyer's Ethical Obligations to Retain and to Provide a Client with Electronic Documents Relating to a Representation

Electronic Filing

Comments on the Report and Recommendations of New York State Bar Association's Task Force on Electronic Filing of Court Documents ( PDF format )

Letter to the Commodity Futures Trading Commission commenting on whether there are any conflicts between the criteria and relief in Advisory 18-96 and Commission Regulation 4.13(a)(4), Electronic Filing of Part 4 Exemptions ( PDF format )

Letter to the Commodity Futures Trading Commission expressing concerns about the proposed amendments to Commission rules 4.26 and 4.36 concerning the electronic filing of disclosure documents by commodity pool operators and commodity trading advisors ( PDF format )

Letter to the New York City Department of Finance on the Proposed Amendments to Section 11-208.1 of the Administrative Code ( PDF format )

Report in support of legislation which would authorize an experimental program in which orders of protection filed and entered by the family courts of certain counties could be transmitted by fax or electronic means to sheriffs and police departments (A.7554/S.4704) ( PDF format )

Electronic Surveillance

Amicus Brief: ACLU v. National Security Agency (US Court of Appeals, Sixth Circuit, October 2006) ( PDF format )

Amicus Brief: ACLU v. National Security Agency (U.S. District Court, Eastern District of Michigan, Southern Division, August 2006) ( PDF format )

Amicus Brief: Amnesty International USA v. McConnell (U.S. District Court, Southern District of New York, December 2008) ( PDF format )

Amicus Brief: Amnesty International v. John McConnell (U.S. Court of Appeals, Second Circuit, December 2009) ( PDF format )

Amicus Brief: Center for Constitutional Rights v. Bush (U.S. District Court, Southern District of New York, April 2006) ( PDF format )

Amicus Brief: Doe v. Mukasey (U.S. Court of Appeals, Second Circuit, March 2008) ( PDF format )

Letter to Congress Commenting on Electronic Surveillance Legislation S.2453, June 2006 ( PDF format )

Letter to Congress discussing the Foreign Intelligence Surveillance Modernization Act of 2007 (H.R. 3782) and the RESTORE Act (H.R. 3773), both of which are intended to replace the Protect America Act and provide protections against warrantless electronic surveillance of Americans (October 2007) ( PDF format )

Letter to Congress expressing opposition to the FISA Amendments Act of 2007 (November 6, 2007) ( PDF format )

Letter to Congress regarding proposed legislation on electronic surveillance (S.2453 and S.2455), April 2006 ( PDF format )

Letter to Congress regarding proposed legislation on electronic surveillance (S.2453, 2455 and 3001 and H.R. 5825), September 2006 ( PDF format )

Letter to Congress regarding the FISA Amendments Act (June 2008) ( PDF format )

Letter to Congress urging opposition to HR 3138 which would expanded Executive surveillance powers through amendments to the Foreign Intelligence Surveillance Act, August 2007 ( PDF format )

Letter to Congress urging opposition to the two substitute versions of H.R. 5825, one reported out by the House Intelligence Committee and a second reported out by the House Judiciary Committee (September 26, 2006) ( PDF format )

Letter to the Editor of the New York Times, published July 21, 2007 regarding the compromise surveillance legislation ( PDF format )

Emergency Shelter Allowance

Report on A.2565/S.2664 which would cap the percentage of income payable towards shelter costs by a person with HIV or AIDS ( PDF format )

Employment Disputes

Tax Treatment of Recoveries in Employment Disputes (August 2009) ( PDF format )

Employment Law

Employment Law Handbook for Non-Lawyers ( PDF format )

Report on Assembly Bill 252, which would require employers to permit nursing mothers to express breast milk in the workplace ( PDF format )

En Banc Review

En Banc Review in New York Courts (March 2008) ( PDF format )

Endangered Species

Letter to the United State Department of the Interior urging action be taken to prevent or delay the extinction of endangered species and to ensure that their habitat is preserved (February 2009) ( PDF format )

Endangered Species Act

Letter regarding the unlicensed private possession of wildlife (February 2010) ( PDF format )

Energy

Letter to Governor Elect Spitzer providing recommendations for several key actions designed to promote a cleaner, reliable, cost-efficient and intelligent energy future for New York State ( PDF format )

Letter to Governor Pataki Reauthorization of Article X of the Public Service Law governing the process for the siting of electric generation facilities in New York ( PDF format )

Energy Planning

Report on Energy Planning (December 2007) ( PDF format )

Energy Projects

Letter to Governor and Legislative Leaders re: Budget Amendment Impact on New York System Benefit Charge and Renewable Portfolio Standard ( PDF format )

Letter to Governor and Legislative Leaders re: Budget Amendment Impact on the New York System Benefit Charge and Renewable Portfolio Standard (March 2008) ( PDF format )

Letter to Governor Pataki and Legislative Leaders expressing opposition to proposed amendments to the New York State Finance Law (S.6459-C/A.9559-B) which would subject funds generated through the Systems Benefit Charge Program and the Renewable Portfolio Standard to the annual state appropriations process ( PDF format )

Environmental Impact Statements

Letter to Governor Pataki in support of S. 5786/A.7603-A which would modify Article 8 of the Environmental Conservation Law making environmental impact statements available on the internet ( PDF format )

Environmental Law

Comments on the proposed revisions to the laws concerting the Brownfield Redevelopment Tax Credit and the Brownfield Cleanup Program introduced by Governor Spitzer as part of the 2008-2009 State budget process ( PDF format )

Intro 108-A - A Bill to Amend the Administrative Code of the City of New York, in Relation to City Contracts Involving the Purchase of Wood Products and Materials ( PDF format )

Letter to Congress opposing S.1711 which would grant the Environmental Protection Agency unprecedented legal authority to ignore federal and state environmental laws for a period of 18 months after it takes effect in order to deal with the aftermath of Hurricane Katrina ( PDF format )

Letter to Governor Elect Eliot Spitzer highlighting important issues to be considered during his term Including advocating for federal legislation that creates effective greenhouse gas caps; modifying Article 8 of the Environmental Conservation Law so citizens are not denied standing if they cannot demonstrate harm different from the public at large; ensure more effective delivery of the Brownfield Opportunity Grants; and require an environmental life-cycle analysis as a component of the development of solid waste management plans ( PDF format )

Letter to the Task Force on the National Environmental Policy Act commenting on its draft report and recommendations to improve the National Environmental Policy Act ( PDF format )

Report supporting A.114/S.2380 which would amend the Environmental Conservation Law to ensure that petitioners who challenge state and city actions under SEQRA are not denied standing soley on the grounds that they do not suffer an alleged injury that fiffers in kind or degree from the injury suffered by the public at large ( PDF format )

Statement to the Obama Administration's transition team regarding environmental issues that have particular resonance for New York City (December 2008) ( PDF format )

Environmental Law, Marine

Letter to Congress urging that they give consent to the ratification of the United Nations Convention on the Law of the Sea (UNCLOS) ( PDF format )

Environmental Permits

Letter to the NYS Department of Environmental Conservation commenting on the proposed amendments to NYCRR Part 621, Uniform Procedures ( PDF format )

Establishment Clause, The

Amicus Brief: Bronx Household of Faith v. Board of Education of the City of New York (US Court of Appeals for the Second Circuit ( PDF format )

Amicus Brief: Bronx Household of Faith v. Board of Education of the City of New York (US Court of Appeals for the Second Circuit (February 2008) ( PDF format )

Estate Tax

Letter on budget bill A.9710-A/S.6610-A which would amend NY Tax Law Â§ 951(a) in relation to the amount of the unified credit against the estate tax (March 2010) ( PDF format )

Ethics

Acceptance of securities in a client in exchange for legal services to be performed; business transactions with clients; conflicts of interest; charging or collection of an excessive fee

Advertising; letterhead; foreign lawyers

Advertising; Letterhead; Honorary Degrees

Advertising; Type of Publication

Announcements; Employment of Non-lawyer

Assignment by retired attorney of accounts receivable to another attorney

Associates; Of Counsel Relationships

Attorney employing disbarred or suspended attorney to work in law office; aiding unauthorized practice of law

Attorneys' fees; Billing; Credit cards and other financing

Charging interest on unpaid legal fees

Client Funds; Incompetent Client; Interest on Trust Accounts

Competent and zealous representation; Unlawful discrimination in the practice of law; Confidentiality; Use of interpreters

Confidences and secrets; disclosure of organizational wrongdoing; limited partnership

Confidentiality of information concerning child abuse or mistreatment; preservation of confidences within a social services agency; advanced consent to the disclosure of client confidences and secrets

Confidentiality; Use of cellular and cordless telephones

Conflict of interest; waiver; duty to report malpractice

Conflicts Arising Solely from Possession of Confidential Information of Another Client

Conflicts faced by law firms when hiring law school graduates who work in legal clinics operated by law schools

Conflicts of Interest; Lawyers Representing Adversary Lawyers

Conflicts of Interest; Recordkeeping, Policies, and Systems for Conflicts-Checking Purposes

Conflicts of Interest; Waivers; Imputation of Conflicts

Contingent fees; will contests; compensation of private investigators

Contributions to candidates campaigning for New York State Attorney General, District Attorney, and other offices closely tied to the judicial process

Corporate-family conflicts; duty of loyalty; duty to preserve confidences and secrets

Disclosure of client confidences and secrets; scope of the exception concerning the client's "intention to commit a crime."

Duties of Lawyers in Class Actions

Duty of loyalty

Duty to disclose client fraud; duty to preserve secrets of former client

Duty to pay interest on client funds deposited in an interest-bearing account where retainer agreement does not require attorney to pay interest to client

Duty to Preserve Confidences of a Prospective Client (Pre-retention Communication); Conflict of Interest

Duty to Report Misconduct; Mental Incapacity

Ethical Duties Concerning Self-Represented Persons

Fees; Nonrefundable Retainers; Advertising of Fees; Competence

Firm Names; Letterhead

Foreign law firm; holding out as partnership; firm name; letterhead and professional cards

Formal Opinion 2005-04: Communications with Insurance Adjusters in Litigation Where the Insurance Company is a Party

Fugitive Client; Illegal Conduct; Client Instructions; Civil Representation

In-house attorney; discrimination claim against former employer; confidences and secrets

In-house attorney; fees to third parties; multiple roles

Interest charges on unreimbursed expenses

Joint representation; duty of loyalty; client confidences and secrets

Law Firm Internet Websites; Law Firm-Sponsored Internet Discussion Area; Provision of Law-Related Services Over the Internet; Communication by Unencrypted E-mail

Law Firm Mergers

Lawyer and Law Firm Affiliations; "Of Counsel" Relationships Between Lawyers and Law Firms; Group Advertising; Firm Names; Letterhead

Lawyer's ability to represent a trade association as well as clients with interests adverse to individual members of the association

Lawyer's obligations regarding disposition of original Wills held for safekeeping where the testator cannot be located and the lawyer is retiring or the firm is dissolving

Lawyer's right to engage in activity or express a personal viewpoint which is not in accordance with a client's interests

Lawyers' and law firms' selection and advertising of internet domain names

Legal referral services

Letterhead; Limited Liability Partnership

Limiting the scope of an attorney's representation to avoid client conflicts

Multiple Representations; Corporations and Corporate Constituents

Name; use of title "Esquire"

No-Contact Rule: Communications Sent Simultaneously to Represented Persons and Their Lawyers

Non-lawyer employees; Supervision of Lay Personnel; Sharing Legal Fees with Non-lawyers; Confidentiality; Conflicts of Interest; Dissemination of False Public Communications

Obligations Upon Receiving a Communication Containing Confidences or Secrets Not Intended for the Recipient

Part-time administrative law judge; conflict of interest

Plan to solicit bids by lawyers to perform legal services on internet website; advertising, solicitation, and participation in a referral plan; duties with regard to advertising fees, client confidentiality, unauthorized practice of law, and conflicts of interest

Pre-signing Documents in Blank; False Statements

Pro Bono Consumer Bankruptcy Representation

Pro bono representation; Appellate practice.

Professional Notices, Letterheads, and Signs; Conflict of Interest; Imputation Rule

Prospective Limitations on Liability; Limited Liability Companies ("LLCs") and Limited Liability Partnerships ("LLPs")

Reasonableness of fees; preparation of bills; duty of supervision

Restrictive Practice Agreements; Settlement Agreements

Secret taping; conversations between lawyers and adversary counsel

Statements Concerning Judges

The "no-contact rule" and advising a client in connection with communications conceived or initiated by the client with a represented party

THREATENING CRIMINAL PROSECUTION; AGREEMENTS TO FORBEAR FROM PRESENTING CRIMINAL CHARGES IN CONNECTION WITH CIVIL SETTLEMENTS

Undisclosed taping of conversations by lawyers

Use of Client Engagement Letters to Authorize the Return or Destruction of Client Files at the Conclusion of a Matter

Ethics Agreements

A Proposal to Apply Ethics Agreements on the State and Local Government Level ( PDF format )

Ethiopia

Letter to Congress urging they conduct a searching inquiry into the case of American citizen, Mr. Amir Mohamed Meshal, who has been held for almost three months in secret detention in Ethiopia. ( PDF format )

Letter to Secretary of State Condoleezza Rice expressing concern over human rights abuses in Ethiopia ( PDF format )

Letter to the Prime Minister of Ethiopia expressing concern over the arrest and detention of human rights attorney Daniel Bekele ( PDF format )

Evidence, DNA

Comments on the Governorâ€™s Program Bill #29 which addresses issues relating to DNA evidence and aspects of the Criminal Procedure Law ( PDF format )

Evidence, Preservation of

Letter to the NYS Assembly Codes Committee urging consideration of the Innocence Projectâ€™s model legislation aimed at improving the preservation of biological evidence ( PDF format )

Ex-offenders

Letter to Governor Spitzer urging the adoption of safe harbor legislation for employers that hire ex-offenders after receiving a valid Certificate of Rehabilitation ( PDF format )

Exchange-Traded Funds

Letter to the SEC commenting on the proposed rules and amendments entitled, â€œExchange-Traded Fundsâ€, Securities Act Release Nos. 33-8901 ( PDF format )

Executive Compensation

Letter to the SEC commenting on proposed amendments to the disclosure requirements for executive and director compensation, related party transactions, director independence and other corporate governance matters and security ownership of officers and directors ( PDF format )

Expedited Partner Therapy

Report supporting S.6210-A which would authorize a health care practitioner to provide antibiotic drugs for the partner of a patient diagnosed with sexually transmitted Chlamydia ( PDF format )

Expert Discovery

Letter to Judge Pfau regarding Proposed Revisions to CPLR 3101(d)(1) (July 2010) ( PDF format )

Extraordinary Rendition

Letter in Support of H.R. 952, which Would Ban US Involvement in Extraordinary Rendition ( PDF format )

Letter to Representative Edward Markey supporting HR 4674 which would end the extra-judicial transfer of individuals to countries in which they may be tortured or subject to cruel inhuman punishment ( PDF format )

Family Assistance

Letter to the NYS Office of Temporary and Disability Assistance (OTDA) urging OTDA to withdraw its proposal to amend section 350.4(a)(7) of 18 NYCRR which would require a family in receipt of Family Assistance ("FA") to wait a minimum of 45 days after their FA relief has expired before becoming eligible to receive Safety Net Assistance ("SNA") ( PDF format )

Family Court

Introductory Guide to the New York City Family Court ( PDF format )

Report on Family Court Services in New York City ( PDF format )

Family Court and Family Law

Letter to Governor Spitzer commenting on the recently released Executive budget and urging continued support for child welfare programs and the Family Court ( PDF format )

Family Court Judges

Letter regarding A.8957, which would increase the number of Family Court judges (October 2009) ( PDF format )

Letter urging an increase in the number of Family Court judges in New York City and New York State (June 2009) ( PDF format )

Report on A.10615/S.07587 which would increase the number of Family Court judges in New York City and State over the next two years (May 2008) ( PDF format )

Report on A.8957-A/S.5968-A which would increase the number of Family Court Judges(April 2010) ( PDF format )

Family Health Care Decisions Act

Report on S.3164/A.7729 the Family Health Care Decisions Act (January 2010) ( PDF format )

Family Law Curricula in Law Schools

Survey of Family Law Curricula in New York City and Long Island Law Schools (January 2010) ( PDF format )

Farm Animals

Report on S.619/H.R.1549, the Preservation of Antibiotics for Medical Treatment Act of 2009 (PAMTA) (February 2010) ( PDF format )

Federal Courts

Letter to Congress regarding H.R.4764 (The Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations Bill) that would provide a 5.9 percent increase in funding for the federal judiciary for the 2004-2005 fiscal year ( PDF format )

Letter to President George W. Bush Regarding the Volcker Commission Report ( PDF format )

Report on the Second Circuit’s Rule Regarding Citation of Summary Orders

Federal Rules of Civil Procedure

Proposals for the 2010 Duke Conference Regarding the Federal Rules of Civil Procedure (April 2010) ( PDF format )

Fee Disputes

Recommendation Concerning Mandatory Arbitration of Fee Disputes in all Matters

Fiduciary Fees

Letter to the IRS commenting on Proposed Treas. Reg. Section 1.67-4 & Notice 2008-32 which addresses the exception to the 2-percent of adjusted gross income floor on miscellaneous itemized deductions for certain costs that are paid or incurred in connection with the administration of an estate or a trust and requests comments concerning certain aspects of the Proposed Regulations, including the use of safe harbors and reasonable estimates by fiduciaries for unbundling fiduciary fees. ( PDF format )

Filing fees

Proposal for a Filing Fee Alternative for Ballot Access (July 2010) ( PDF format )

Financial Assets

Letter to the Financial Accounting Standards Board commenting on the revised exposure draft of proposed amendments to FASB Statement No. 140 relating to the transfer of financial assets ( PDF format )

Financial Reporting

Letter to the SEC commenting on the proposal to develop additional guidance for management regarding its evaluation and assessment of internal control over financial reporting (ICFR) ( PDF format )

Letter to the SEC providing comments on File #265-24, Report on Improvements to Financial Reporting (April 2008) ( PDF format )

Financial services

Statement to the Obama Administration's transition team regarding the regulation of financial services (December 2008) ( PDF format )

Financial statements

Letter to the SEC commenting on the proposal, Acceptance From Foreign Private Issuers of Financial Statements Prepared in Accordance With International Financial Reporting Standards Without Reconciliation to US. GAAP ( PDF format )

Firearms

Taking Aim: New York State?s Regulation of Firearms and Proposals for Reform ( PDF format )

First Amendment, Reporter’s Privilege

Letter to Congress Regarding "Free Flow of Information Act of 2005" (H.R. 581/S. 340) ( PDF format )

Remarks by Lee C. Bollinger, President of Columbia University, for the Benjamin N. Cardozo Lecture ( PDF format )

Statement of the Association of the Bar on the Need for a Federal Shield Law to Protect Reporters' Confidential Sources ( PDF format )

The Federal Common Law of Journalists' Privilege: A Position Paper ( PDF format )

Fishing

Report on the Shark Conservation Act of 2009 - S.850 (August 2009) ( PDF format )

Food Assistance Program

Report regarding A.7486/S.4349 and A.7639 which would extend and expand the New York State Food Assistance Program (FAP), which provides food assistance to hungry immigrants who are either elderly or victims of domestic violence ( PDF format )

Foreign Investment

Bilateral Investment Treaties - Evolution or Regression? ( PDF format )

Foreign Law, Proof of

Proof of Foreign Law after Four Decades with Rule 44.1 FRCP and CPLR 4511 ( PDF format )

Foreign Libel Judgments

Report is support of S.6687/A.9652, the Libel Terrorism Protection Act ( PDF format )

Foreign Private Issuers

Letter to the Securities and Exchange Commission (the â€œCommissionâ€) commenting on proposed amendments (File No. S7-04-08) by the Commission to amend Rule 12(g)under the Securities Exchange Act of 1934 which relates to foreign private issuers. ( PDF format )

Letter to the Securities and Exchange Commission (the â€œCommissionâ€) commenting on proposed amendments (File No. S7-05-08) by the Commission to the rules relating to foreign private issuer reporting under the Securities Exchange Act of 1934. ( PDF format )

Foreign Sovereign Immunities Act

Tiering and the Foreign Sovereign Immunities Act After Dole ( PDF format )

Forming a Charitable Organization

Early Action Checklist for New and Smaller Charities ( PDF format )

Foster care

Letter to the New York State Office of Children and Family Services regarding the Standards for the Provision of Adolescent Services for Foster Care Youth (November 2009) ( PDF format )

The Permanency Legislation of 2005: An Unfunded Mandate â€” Critical Resource Needs for New York Cityâ€™s Children and Families ( PDF format )

Fur Bearing animals

Report supporting A-4897 and S-3529 which would amend the Agriculture and Markets Law to penalize as a Class A misdemeanor the intentional killing or stunning of any fur-bearing animal by means of an electrical current ( PDF format )

Fur Labeling

Report on H.R.891/S.3610 which would amend the Dog and Cat Fur Prohibition Enforcement Act to require labeling of all fur products regardless of value. ( PDF format )

Gambling

Report opposing A6302/S66 which would amend the penal law, in relation to including gambling over the internet within provisions of law relating to gambling offenses ( PDF format )

Gender Transition

Letter to the City of New York Department of Health supporting the Bureau of Vital Statistics¡¦ initiation of a process to improve its policy regarding the requirements for changing one¡¦s birth certificate sex, and urging the Department to adopt a standard that allows for the applicant¡¦s medical providers to make the determination of when sex-reassignment care is completed, rather than focusing on specific procedures. ( PDF format )

Letter to the New York City Department of Health and Mental Hygiene supporting the Departmentâ€™s goal of updating and amending Article 207 of Cityâ€™s Public Health Code ( PDF format )

Generation-Skipping Transfer Tax Laws

Report on A.9857-C/S.8056 regarding unused generation-skipping transfer (GST) tax exemption after federal estate and GST tax repeal in 2010 (Reissued June 2010) ( PDF format )

Supplemental Report on A.9857-C/S.8056 Regarding Unused Generation-skipping Transfer (GST) Tax Exemption After Federal Estate and GST Tax Repeal in 2010 (July 2010) ( PDF format )

Genetic information

Letter to Congress expressing support for the passage of H.R.1227, the Genetic Information Nondiscrimination Act of 2005 ( PDF format )

Genocide

Letter to the Secretary General of the UN regarding the responsibility to protect and the role of the Special Advisor on the Prevention of Genocide ( PDF format )

Gonzales Attorney General Nomination

Letter to Attorney General-Nominees Alberto Gonzales Posing Questions Regarding Bush Administration Legal Positions on Detainees ( PDF format )

Government Lawyers

Examination of the Ethics Provisions Governing Prosecutors ( PDF format )

Examination of the ethics provisions governing prosecutors, follow up comments on proposed amendments to the New York Code of Professional Responsibility Rule 3.8 Special Responsibilities of a Prosecutor (October 2006) ( PDF format )

GOVERNMENT LAWYER CONFLICTS: REPRESENTING A GOVERNMENT AGENCY AND ITS CONSTITUENTS

Report on Rule 3.8 of the Rules of Professional Conduct governing a prosecutor's conduct upon discovering evidence that an innocent person was convicted (February 2010) ( PDF format )

Green Building

Letter to NYC Counseil Speaker Gifford Miller commenting on the proposed energy Efficiency and Green Building Legislation (Intro. No. 324) ( PDF format )

Greenhouse Gas

Comments to the New York State Department on Environmental Conservation on the Departments Draft Guide for Assessing Energy Use and Greenhouse Gas Emission in Environmental Impact Statements (October 2008) ( PDF format )

Letter to the New York State Department of Environmental Conservation supporting in general the implementation of the Regional Greenhouse Gas Initiative (RGGI) in New York ( PDF format )

World Trade Organization Implications of the Lieberman-Warner Climate Change Legislation S.2191 (April 2008) ( PDF format )

Habeas Corpus

Letter to Senator Schumer expressing opposition to S. 1088 which would remove to a very substantial extent the federal courts' ability to grant relief when presented with meritorious federal habeas corpus petitions ( PDF format )

Harassment

Dignity Now: The Campaign to Stop Bullying and Bias-Based Harassment in New York City Schools ( PDF format )

HAVA

Letter from the Committee on Legal Issues Affecting People with Disabilities to the Joint Legislative Conference Committee on HAVA, May 2004 ( PDF format )

Letter from the Election Law Committee to the Joint Legislative Conference Committee on HAVA, June 2004 ( PDF format )

Statement regarding New York's failure to comply with sections 301 and 303(a) of the Help America Vote Act (HAVA) which call for the creation of a computerized statewide voter registration list and the development of and implementation of voting systems standards including standards for accessibility for voters with disabilities ( PDF format )

Health Care

Letter to Congress urging the opposition of a final Conference Report that cuts services to children who rely on Medicaid for health care coverage ( PDF format )

Letter to President George W. Bush Regarding the US Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( PDF format )

Letter to the Department of Health and Human Services regarding the ability of health care providers, insurers and health care institutions to refuse to provide health care services (April 2009) ( PDF format )

Health Care Facilities

Amicus Brief: McKinney v. The Commissioner of the New York State Department of Health, filed in the New York State Court of Appeals, October 2007 ( PDF format )

Health care system

Letter to Governor Spitzer highlighting the most critical issues effecting New York's health care system ( PDF format )

Health Services

Report expressing support for Intro. No. 826, the Access to Reproductive Health Care Facilities Act (the "Clinic Access Bill") (April 2009) ( PDF format )

Hedge Exemption

Comments on Swap Hedge Exemption Concept Release (May 2009) ( PDF format )

Hedge Funds

Letter Commenting on the Hedge Fund Report of the Staff of the Securities and Exchange Commission ( PDF format )

Home Buyers & Sellers

Memorandum opposing S.4744/A.7667 which would protect innocent homeowners from the loss of their homes as a result of certain predatory practices. ( PDF format )

Homegrown Terrorism

Letter to Congress on S. 1959, The Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 ( PDF format )

Hong Kong

"One Person, One Vote": The U.S. Electoral System and the Function al Constituencies Embodied in the Basic Law for the Election of the Chief Executive and of the Legislative Council ( PDF format )

Legal Analysis of Certain Provisions of the National Security (Legislative Provision) Bill Pending Before the Legislative Council of the Hong Kong Special Administrative Region ( PDF format )

Letter Accompanying the Association's Report on the Provision of the Proposed Hong Kong National Security Act ( PDF format )

Horse drawn carriages

Comments on the New York City Council bill Intro. No. 658, which would amend the Administrative Code of the City of New York by repealing all provisions allowing for the operation of horse drawn cabs (January 2008) ( PDF format )

Letter to the NYC Department of Health offering to assist the newly formed Advisory Board to promote the health, safety and well-being of licensed horses in revamping the existing laws governing the carriage horse industry in New York City (September 2007) ( PDF format )

Report on Intro 86 regarding carriage horse regulation (March 2010) ( PDF format )

Report on Intro. 35 regarding carriage horse regulation (March 2010) ( PDF format )

Report regarding New York City Council Bill Intro. No. 653-A which would amend the administrative code of New York City in relation to the regulation of horse drawn cabs (January 2009) ( PDF format )

Report supporting New York City Council bill Intro. No. 44 which would amend the New York City Administrative Code in relation to horse drawn carriages ( PDF format )

Testimony before the New York City Council regarding Intro. No. 658-A and Intro. No. 653-A which concern the regulation of horse drawn cabs (January 2009) ( PDF format )

Testimony on Intro. 35 and 86 regarding carriage horse regulation (March 2010) ( PDF format )

Horses, Slaughter of

Report regarding the American Horse Slaughter Prevention Act - H.R. 503/S.311(July 2008) ( PDF format )

Hospitals

Letter to the Commission on Health Care Facilities in the 21st Century expressing concern that the forthcoming Commission recommendations ( PDF format )

Housing Court

A Tenant's Guide to the New York City Housing Court - English ( PDF format )

A Tenant's Guide to the New York City Housing Court - Spanish ( PDF format )

Humane Education

Report on A.10344/S.7848 which would amend the education law, in relation to classroom instruction in the humane treatment of animals and the requirement of training in the humane treatment of animals for the certification or licensing of classroom teachers ( PDF format )

Identity theft

Report on S.7588 which would expand the geographical jurisdiction for the offenses of identity theft, unlawful possession of personal identification information and closely related crimes (May 2010) ( PDF format )

Report recommending legislation to expand geographical jurisdiction for crimes attendant to identity theft (March 2009) ( PDF format )

Immigration

Letter re: City Council Resolution 0591-2004: Endorsement of Permanent Partners Immigration Act ( PDF format )

Statement in Opposition to the REAL ID Act (HR 418) ( PDF format )

The Surge of Immigration Appeals and its Impact on the Second Circuit Court of Appeals ( PDF format )

Immigration Detainers

Immigration Detainers Need Not Bar Access to Jail Diversion Programs (June 2009) ( PDF format )

Report on Immigration Detainers Need Not Bar Access to Jail Diversion Programs(June 2009). ( PDF format )

Immigration Reform

Letter to Congress expressing concerns with several provisions of the Border Security and Immigration Reform Act of 2007 ( PDF format )

Letter to Senators Schumer and Clinton commenting on pending legislation that would negatively affect immigrant communities ( PDF format )

Independent Directors

Letter to the SEC commenting on proposed recommendations to alleviate unnecessary burdens on independent directors of investment companies registered under the Investment Company Act of 1940 ( PDF format )

India

Colonial Continuities: Human Rights, Terrorism, and Security Laws in India ( PDF format )

Indigent Litigants

Comments on the Kaye Commission Report on Indigent Defense, May 2007 ( PDF format )

Report regarding S.8096/A.10447 which would amend the judiciary law to allow for the assignment of counsel to the indigent by the supreme court in proceedings over which family court has a jurisdiction ( PDF format )

Ineffective Assistance of Counsel

Report on A.5170/S.4667 which would allow ineffective assistance of counsel claims via post-conviction motions (March 2009) ( PDF format )

Supplemental report on A.5170/S.4667 which would allow ineffective assistance of counsel claims via post-conviction motions (February 2010) ( PDF format )

Informants

Dialogue on the Current Law and Proposals for Reform on the Use of Information From and the Disclosure of the Identity of Informants (August 2009) ( PDF format )

Infringement and Injunctive Relief

Amicus Brief: eBay Inc. and Half.com v. Merc Exchange ( PDF format )

Infringement Liability

Amicus Brief - Integra v. Merck ( PDF format )

Infringement, Willfulness of

Amicus Brief - Knorr-Bremse v. Dana ( PDF format )

Amicus Brief: In Re Seagate Technology LLC, filed in the United States Court of Appeals for the Federal Circuit, March 2007 ( PDF format )

Insurance Law

Letter to Senator Bruno supporting Timothy's Law, enacting mental health insurance parity in New York State ( PDF format )

S5329/A8301 report in support of Timothy's Law and Mental Health Parity in New York State ( PDF format )

Intellectual Property

Antitrust "Market Power" and Intellectual Property: Why FTC and DOJ Action is Necessary ( PDF format )

Inter-American Convention

Letter to the Senate Committee on Foreign Relations regarding the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (June 2009) ( PDF format )

Interactive data

Letter to the SEC expressing concern that reporting companies may not be prepared to meet the aggressive timetable for the mandated use of interactive data ( PDF format )

International Arbitrations, Discovery in

28 U.S.C. Â§ 1782 as a Means of Obtaining Discovery in Aid of International Commercial Arbitration - Applicability and Best Practices ( PDF format )

International Criminal Court

Letter to President George W. Bush Regarding the Inaugural Session of the International Criminal Court ( PDF format )

Report on the Proposed International Criminal Court

Statement to the Obama Administration's transition team regarding U.S. engagement with the International Criminal Court(December 2008) ( PDF format )

International Human Rights

Letter Expressing Concern over Continued Detention of Svetlana Bakhmina, Deputy General Counsel to YUCOS ( PDF format )

International Trade

State's Rights v. International Trade: The Massachusetts Burma Law ( PDF format )

The Vienna Convention on the Assignment of Receivables in International Trade ( PDF format )

Interrogation

Letter to Congress regarding Section 102 of H.R. 4156 (The Orderly and Responsible Redeployment Appropriations Act of 2008) which would establish the United States Army Field Manual FM2-22.3 Human Intelligence Collector Operations as the standard for interrogation by all government personnel ( PDF format )

Report on A.5142/S.110 regarding electronic recording of custodial interrogations in felony cases ( PDF format )

Report on Proposed New York Court Rule Regarding Interrogatories ( PDF format )

Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions" ( PDF format )

Investment Advisers

Letter to SEC Requesting Guidance re: Retention and Production of e-mail by Investment Advisers ( PDF format )

Letter to the SEC setting forth a proposed policy and a set of procedures which would reasonably ensure the proper retention of e-mail containing Rule 204-2 information. ( PDF format )

Investment Companies

Comments on the SEC proposed guidance regarding the duties and responsibilities of Investment Company Boards of Directors with Respect to Investment Adviser Portfolio Trading Practices (October 2008) ( PDF format )

Letter to the SEC Regarding Independent Directors of Investment Companies ( PDF format )

Letter to the SEC Regarding Investment Company Governance ( PDF format )

Investment Management Regulation

Letter to the SEC commenting on an array of current issues relevant to the investment management industry (February 2009) ( PDF format )

IOLA

Letter to Governor Paterson regarding funding of IOLA and Civil Legal Services in the 2010-2011 Judiciary and State budgets (March 2010) ( PDF format )

Letter to IOLA regarding proposed amendment to Section 7000.9(b)(1) of Title 21, NYCRR (January 2010) ( PDF format )

Letter to the New York State Senate and Assembly regarding funding of Interest on Lawyer Account Fund of the State of New York (October 2009) ( PDF format )

Testimony at New York State Senate Public Hearing on IOLA and the Future of Civil Legal Service in New York State (December 2009) ( PDF format )

IOLTA

Letter to the FDIC urging that IOLTA (Interest on Lawyer Trust) accounts be covered by the Temporary Liquidity Guarantee Program (TLGP), regardless of the amount in the account (November 2008) ( PDF format )

Iran

Letter to His Excellency Dr. Mahmoud Ahmadinejad, President, Islamic Republic of Iran urging the release of Dr. Haleh Esfandiari from Evin Prison ( PDF format )

Letter to His Excellency Hojjatoleslam val Moslemin Sayed Mohammad Khatami President of the Islamic Republic of Iran Regarding the Imprisonment of Two Lawyers Which Appears to be Solely as a Result of Their Actions as Lawyers Defending Their Clients ( PDF format )

Letter to the Ambassador of Iran concerning human rights violations against sexual minorities in Iran ( PDF format )

Letter to the Iranian Ambassador expressing concern that statements made by the President of Iran, Mahmoud Ahmadinejad, may be in violation of international law ( PDF format )

Iraq

Letter to President Bush Regarding United Nations Charter Obligations Regarding Iraq ( PDF format )

Recommendations Related to the Trial of Saddam Hussein ( PDF format )

THE LEGALITY AND CONSTITUTIONALITY OF THE PRESIDENT’S AUTHORITY TO INITIATE AN INVASION OF IRAQ ( PDF format )

Judge Advocates

Letter to Congress endorsing the amendment proposed by Sen. Graham to S.2400, Defense Authorization Act, which would allow the Judge Advocates to advise their command without political pressure ( PDF format )

Judicial Administration

The Assignment of Judges In the Criminal Term of the Supreme Court in New York County

Judicial Conduct

Amicus Brief, Spargo v. Commission on Judicial Conduct ( PDF format )

First Amendment Considerations for Judicial Campaigns: The Impact of Republican Party of Minnesota v. White on the New York State Code of Judicial Conduct ( PDF format )

Letter to the ABA commenting on the ABA's draft report on proposed changes to the Code of Judicial Conduct ( PDF format )

Letter to the ABA Joint Commission on Evaluation of the Model Code of Judicial Conduct commenting on the Commission's proposed changes to Canons 1 and 2 ( PDF format )

Judicial Hearing Officers

Letter to Chief Administrative Judge Pfau regarding putting safeguards in place for the use of JHOs (May 2008) ( PDF format )

Judicial Independence

President Betsy Plevan's Statement on Judicial Independence ( PDF format )

Judicial Nominations, Commission on

Letter regarding proposed revisions to the Rules of the State of New York Commission on Judicial Nominations (September 2009) ( PDF format )

Report on A.3866-A which would direct the Commission on Judicial Nominations to forward to the governor all 'well qualified' candidates for associate judge and/or chief judge (March 2009) ( PDF format )

Judicial Salaries

Letter to Governor Pataki asking that he urge the New York State Legislature to immediately a judicial salary increase with a corresponding mechanism that provides for future periodic increases for New York Stateâ€™s judges (November 2006) ( PDF format )

Letter to the New York State Legislature urging that it enact a judicial salary increase for New York State judges (April 2007) ( PDF format )

Letter to the New York State Legislature urging that it enact a judicial salary increase with a corresponding mechanism that provides for future periodic increases for New York Stateâ€™s judges (March 2008) ( PDF format )

Letter to the New York State Legislature urging that it pass legislation providing for judicial raises during the present legislative session ( PDF format )

Judicial Selection

Amicus Brief: Lopez Torres v. New York State Board of Elections(US Court of Appeals for the Second Circuit) ( PDF format )

Amicus Brief: New York State Board of Elections v. Lopez Torres (US Supreme Court, July 2007) ( PDF format )

Comments on Proposed OCA Rules Changes Based Upon the Reports of the Commission to Promote Public Confidence in Judicial Elections ( PDF format )

Recommendation on the Selection of Judges and the Improvement of the Judicial System in New York ( PDF format )

Recommendations on the Section of Judges and the Improvement of the Judicial Selection System in New York State (December 2006) ( PDF format )

Testimony Before State Senate Judiciary Committee Regarding Judicial Selection Proposals ( PDF format )

Judicial Service

How to Become a Judge ( PDF format )

Jurisdiction Stripping

Checks and Balances: Congressional Restriction of Federal Court Jurisdiction ( PDF format )

Letter to Congress regarding a number of bills currently pending in the Senate all of which would restrict federal court jurisdiction over various types of cases and constitutional issues ( PDF format )

Juror Privacy

Letter to OCA responding to an inquiry from the Commission on the Jury regarding juror privacy and the right of access to judicial proceedings ( PDF format )

Jury Instructions, Criminal

Report on the Proposed Supplemental Model Justification Charges of the Office of Court Administrationâ€™s Criminal Jury Instructions 2d. ( PDF format )

Justice Courts

Executive Summary: Task Force on Town and Village Courts ( PDF format )

Memorandum and Recommendations on Justice Court Technology ( PDF format )

Recommendations Related to Training for Town and Village Justices and Court Clerks ( PDF format )

Recommendations Relating to Assisting Town and Village Justices ( PDF format )

Report on A.5899/S.4091 providing defendants in criminal cases in Town and Village Courts the right to elect to appear in front of a judge who is a lawyer (November 2009) ( PDF format )

Task Force on Town and Village Courts Recommendations Relating to Structure and Organization of Town & Village Courts ( PDF format )

Justice Department

Statement to the Obama Administration's transition team regarding renewing the Civil Rights Division of the Justice Department (December 2008) ( PDF format )

Kinship Guardianship

Kinship Guardianship Assistance Law for New York (March 2009) ( PDF format )

Labor and Employment

Memo in support of Assembly Bill A7847 in relation to the hiring of ex offenders and negligent hiring claims ( PDF format )

Labratory Animals

Letter to New York Medical College urging it discontinue the use of live dogs in physiology and surgery laboratories on legal, scientific, and ethical grounds. ( PDF format )

Letter to Stony Brook University Medical School urging it discontinue the use of live dogs in physiology and surgery laboratories on legal, scientific, and ethical grounds ( PDF format )

Land Use

The Role of Amenities in the Land Use Process ( PDF format )

Land Use Planning and Zoning

Letter to the New York State Department of Environmental Conservation commenting on the recently proposed brownfield regulations ( PDF format )

Latin America

Guide to On-Line Sources of Law Relating to Latin America

Law Guardians

Report on S.5461/A.7805 which would replace the term "Law Guardian" with "attorney for the child" (Reissued March 2010) ( PDF format )

Law School

Transcript of April 27, 2004 Program on Law Student Debt ( PDF format )

Lawyer Advertising

Amicus Brief: James L. Alexander v. Thomas J. Cahill, et al. filed with the United States Court of Appeals for the Second Circuit (February 2008) ( PDF format )

Commentary on New Yorkâ€™s Ethics Rules Governing Lawyer Advertising and Solicitation (March 2009) ( PDF format )

Comments on the Ethics Rules Governing Lawyer Advertising and Solicitation Proposed by the New York State Bar Association's Task Force on Lawyer Advertising ( PDF format )

Comments on the Proposed Ethical Considerations for Lawyer Advertising (October 2007) ( PDF format )

Comments on the Proposed Ethics Rules Governing Lawyer Advertising and Solicitation Issued by the Presiding Justices of New York Stateâ€™s Appellate Division ( PDF format )

Lawyer misconduct

A Proposal for Adoption of a Diversion Rule for Lesser Misconduct Related to Alcohol/Substance Abuse or Mental Health Condition ( PDF format )

Lawyer's Quality of Life

Report of the Task Force on Lawyer's Quality of Life

Leave Applications, Criminal

Report Concerning Criminal Leave Application Procedures in the NYS Court of Appeals (December 2009) ( PDF format )

Legal Malpractice Insurance

Letter providing comments on the American Bar Association report recommending a Model Rule regarding disclosure of legal malpractice insurance ( PDF format )

Legal Services Corporation

Letter to Senators Clinton and Schumer thanking them for their support of the need for passage of the funding request of the Legal Services Corporation and noting the continued importance of adequate legal services funding especially in the wake of the Hurricane Katrina disaster ( PDF format )

Legal Services, Funding of

A Call for the Repeal or Invalidation of Congressional Restrictions on Legal Services Lawyers ( PDF format )

Amicus Brief: Velazquez v. LSC (filed in the US Court of Appeals for the Second Circuit) ( PDF format )

Letter to Congress urging that the appropriations restriction that limits how Legal Services Corporation grantees may spend their funds from state and local governments as well as private donors be repealed ( PDF format )

Lesbian, Gay, Bisexual and Transgender Rights

Letter to Congress urging hearing on Don't Ask Don't Tell ("DADT") (November 2009) ( PDF format )

Letter to the President of Uganda regarding Anti-Homosexuality Bill (February 2010) ( PDF format )

Report regarding the Don't Ask Don't Tell ("DADT") policy (February 2010) ( PDF format )

Statement to the Obama Administration's transition team regarding issues facing lesbian, gay, bisexual and transgender persons (December 2008) ( PDF format )

Testimony regarding Intro. No. 169-A urging repeal of the Don't Ask, Don't Tell (DADT) policy (June 2010) ( PDF format )

Letterhead, use of

Retired attorneys' use of professional letterhead and special disclosure obligations to clients and prospective clients

Letters of Caution

Letter to the Departmental Disciplinary Committee expressing support for the reinstitution of the rule which would permit the issuance of a Letter of Caution in attorney disciplinary matters ( PDF format )

Letters of Engagement

An Analysis of the Letter of Engagement Rule - Part 1215 to Title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York ( PDF format )

Life Insurance

Letter to the New York State Legislature commenting S.8166, The Viatical Settlements Act which would amend the New York Insurance Law to expand the current regulation of sales of life insurance policies insuring terminally or critically ill insureds prior to death to cover "life settlements", which are sales of life insurance policies insuring persons who are not critically ill ( PDF format )

Lifetime Trust

Proposed amendment to EPTL 7-1.17 regarding lifetime trusts (June 2009) ( PDF format )

Limited Liability Company Law

Letter to Governor Pataki expressing opposition to S.6831/A.10399 which would amend the Limited Liability Company Law and the Partnership Law relating to sanctions for non-publication of notices (April 2006) ( PDF format )

Letter to Governor Pataki regarding S.00085 and A.7383 expressing opposition to certain amendments to the limited liability company law and partnership law relating to the publication of notices ( PDF format )

Letter to Governor Pataki Regarding S.5902/A.11205 Expressing Opposition to Certain Amendments to the Limited Liability Company Law and Partnership Law Relating to Publication of Notices ( PDF format )

Living wills

Report commenting on legislation which would expressly authorize the use of living wills (March 2006) ( PDF format )

Lobbying

Testimony before the New York City Conflicts of Interest Board February 3, 2006 on lobbying of public servants by their former campaign consultants ( PDF format )

Loss Contingencies, Disclosure of

Letter to the Financial Accounting Standards Board commenting on the Boardâ€™s proposal which would provide greater disclosure of certain loss contingencies ( PDF format )

Magistrate Judges

â€œOne Case / One Judgeâ€ -- Proposal for the Southern District of New York Regarding Direct Assignment to Magistrate Judges (June 2010) ( PDF format )

Maldives

Letter to the Minister of Justice of Maldives expressing concern for the arrest and detention of Mr. Nasheed and others on charges of terrorism ( PDF format )

Marine Environment

Letter to Congress urging they take up and approve Treaty Doc. 103-39: United Nations Convention on the Law of the Sea ( PDF format )

Market Manipulation

Letter to the Federal Trade Commission offering comments on a proposal by the FTC regarding market manipulation and false information (October 2008) ( PDF format )

Mass Disaster Planning

General Guidance for Mass Disaster Response Team Members

General Guidance to the Families of the Victims of a Disaster

Program Handout: Lessons from 9/11: Environmental and Land Use Issues Raised in Response to a Catastrophe ( PDF format )

Report and Recommendations Regarding TWA Flight 800 Crash

Report supporting H.R. 3858 (Pet Evacuation and Transportation Standards Act) which seeks to amend current law to ensure that State and local emergency preparedness operational plans address the needs of individuals with household pets and service animals following a major disaster or emergency ( PDF format )

Mediation

A Guide to Mediation in the Southern and Eastern Districts of New York ( PDF format )

Court-Annexed Mediation Programs in the Southern and Eastern Districts of New York: The Judges' Perspective ( PDF format )

Report on mediator quality in New York State, June 2006 ( PDF format )

Report on the Civil Appeals Management Program (CAMP) Survey ( PDF format )

Medicaid

Report on A.10864 which would permit eligible people to be enrolled in pilot projects in selected state prison facilities to complete necessary paperwork for enrolling in Medicaid prior to their release. ( PDF format )

Report opposing the expansion of Medicaid estate recovery as proposed in the 2010 Executive Budget (April 2010) ( PDF format )

Report Regarding Home and Community-Based Medicaid Waivers Services (February 2009) ( PDF format )

Medical Marijuana

Report commenting on A.4867 which would permit the manufacture, delivery, possession and use of marijuana for medical purposes ( PDF format )

Medical Marijuana

Letter to the Drug Enforcement Administration(DEA) expressing support for Dr. Craker to be registered by the DEA as a bulk manufacturer of marijuana as it is consistent with "the public interest" as that term is used in 21 USC 823(a) ( PDF format )

Medical Marijuana in New York: Following the Issues into 2010 (Including Transcript of February 2007 City Bar Program) (April 2010) ( PDF format )

Medical Use of Animals

Comment on Battlefield Excellence through Superior Training Practices Act ('Best Practices Act') (July 2010) ( PDF format )

Mental Disabilities

Amicus Brief: Polan v. State of New York Insurance Department (New York State Court of Appeals, May 2004) ( PDF format )

Letter to Senators Schumer and Clinton urging that they ensure that Congress allocates $10 million of funding pursuant to "America's Law Enforcement and Mental Health Project" ( PDF format )

Letter to the Legislature expressing opposition to the Governor¡¦s proposal to eliminate coverage of mental illness, alcoholism, and substance abuse treatment services from Family Health Plus ( PDF format )

Letter to the New York State Education Department urging the Department to conduct a prompt and thorough investigation of Prison Health Services, Inc. (PHS) ( PDF format )

Letter to the NYS Office of Mental Health expressing concerns regarding Part 550 of 14 NYCRR, the Fingerprinting Regulations ( PDF format )

Mergers and Acquisitions

Letter to the SEC Regarding File No. S7-43-02; Release No. 33-8145, 34â€‘46788 Proposed Rule: Conditions for Use of Non-GAAP Financial Measures ( PDF format )

Military Affairs and Justice

Letter to William Haynes, General Counsel, US Department of Defense Commenting on Military Commission Instruction - Crimes and Elements for Trials by Military Commissions ( PDF format )

Military Commissions

Letter and report to Congress urging amendments to the Military Commissions Act of 2006, March 2007 ( PDF format )

Letter to Congress on the Administrationâ€™s amended military Commissions Act of 2006, September 27, 2006 ( PDF format )

Letter to Congress regarding the Military Commissions Act of 2006, September 27, 2006 ( PDF format )

Letter to Congress supporting S.185 which would amend the Military Commissions Act and the Detainee Treatment Act by deleting the section that stripped the courtsâ€™ jurisdiction to entertain habeas petitions from alien detainees held as "enemy combatants", May 16, 2007 ( PDF format )

Letter to Congress to urging opposition to the Administrationâ€™s proposed military Commissions Act of 2006 ( PDF format )

Letter to Congress urging Congress take immediate action to eliminate provisions of the Military Commissions Act and the Detainee Treatment Act that strip the courtsâ€™ jurisdiction to entertain habeas petitions from alien detainees held as "enemy combatants", April 3, 2007 ( PDF format )

Letter to Congress urging that hearings be convened to consider charges that trials of Guantanamo detainees for war crimes may be subject to improper political influence, and that the chain of command for the military commissions process has been improperly centralized. ( PDF format )

Letter to Secretary of Defense Gates regarding procedures for Military Commissions, January 9, 2007 ( PDF format )

Letter to the Department of Defense requesting that the Department provide for a period of public comment on the draft Manual for Military Commissions ( PDF format )

Report and accompanying cover letter: Reaffirming the U.S. Commitment to Common Article 3 of the Geneva Conventions ( PDF format )

Testimony before the U.S. Senate urging that it act quickly to establish an expert panel with a mandate to advise Congress and its committees about the appropriate means to establish a military commission system ( PDF format )

Moldova

Thawing a Frozen Conflict: Legal Aspects of the Separatist Crisis in Moldova ( PDF format )

Money Markets

Letter to the SEC regarding proposed rule (File No. S7-11-09) on money market fund reform (September 2009) ( PDF format )

Mortgage Securitization

Structuring Commerical Mortgage Securitization Special Purpose Entities After General Growth Properties (July 2010) ( PDF format )

Mortgages

Mortgage Loan Opinion Report

Multi-Jurisdictional Practice

Letter to the NYSBA Regarding Their Report on Multi-Jurisdictional Practice ( PDF format )

Report on Conflicts of Interest in Multi-Jurisdictional Practice: Proposed Amendments to New York Rules of Professional Conduct 8.5 (Disciplinary Authority and Choice of Law) and 1.10 (Imputation of Conflicts of Interest) (March 2010) ( PDF format )

Multidisciplinary Practice

Executive Committee Statement of Position on Multidisciplinary Practice

Museums

Letter to the NYS Legislature regarding A.6959, deaccessioning by museums located in New York State (May 2009) ( PDF format )

Report in support of A.995/S.3593 (The Museum Bill) which would allow museums to manage undocumented property while also preserving the rights of lenders, donors and claimants to reclaim their property ( PDF format )

Music Rights

Music Rights Primer ( PDF format )

Myanmar

Letter to the Secretary General of the Association of Southeast Asian Nations (ASEAN) expressing concern over the recent crackdown on peaceful protestors in Myanmar, and the ongoing detention of activists and monks there under abusive conditions and without access to counsel ( PDF format )

New York City as Litigant

The City of New York as a Major Institutional Litigant: A Follow-Up on the PriceWaterhouse Study

New York City Council

Testimony delivered before the New York City Council supporting Intro. 260 which would amend New York City Law to enhance the legal protections for persons that testify before hearings of the Council ( PDF format )

New York City Schools

Report on Intro. 816-2008, the Student Safety Act (October 2009) ( PDF format )

Report regarding Mayoral control of the New York City School System ( PDF format )

New York Rebuilding

Letter Commenting on the Scope of the WTC Memorial and Redevelopment Plan GEIS ( PDF format )

Principles for Environmentally Sustainable Development ( PDF format )

Principles for Public Participation ( PDF format )

New York State Ethics Reform

Reforming New York State's Ethics Laws the Right Way (February 2010) ( PDF format )

Report on A.9032/S.6064 and S.6157 - Ethics Reform Proposals (November 2009) ( PDF format )

New York State Law Departments

Report on the Law Department of the Supreme Court of the State of New York ( PDF format )

Nigeria

Letter to the President of the Senate of Nigeria expressing concern over a bill pending before the National Assembly, The Same Sex Marriage (Prohibition) Act ( PDF format )

No Contact Rule

Amicus Brief: Muriel Siebert & Co., Inc. v. Intuit Inc. filed with the New York State Court of Appeals ( PDF format )

Contact with in-house counsel of a represented party

No Fault Divorce

Report commenting on A.9753-A/S.3890-A which would allow for a judgment of divorce to be granted when a marriage is irretrievably broken for a period of at least six months without either side alleging blame (Reissued June 2010) ( PDF format )

Testimony on No-Fault Divorce - S.3890/A.9753 (May 2010) ( PDF format )

The Case for Amending the New York State Domestic Relations Law to Permit No Fault Divorces ( PDF format )

Non-citizen Defendants

Report on A.5285 which would provide that at arraignments before accepting a guilty plea, the court must warn the defendant that if he or she is not a citizen of the United States, the courtâ€™s acceptance of that guilty plea may be grounds for his deportation, immigration detention, exclusion from admission to the United States, or denial of citizenship ( PDF format )

The Immigration Consequences of Deferred Adjudication Programs in New York City ( PDF format )

Non-probate Assets

Proposal to amend the EPTL and add section 5-1.5 to extend New York's revocation upon divorce to non-probate assets ( PDF format )

Non-Profit Organizations

Comments on the IRS Proposed Changes to Form 990, “Return for Organization Exempt from Income Tax” ( PDF format )

Report supporting with additional comments S. 5041/A.8586- A which would amend the Not-for-Profit Corporation Law in relation to the non-judicial process of dissolution of not-for-profit corporations and dissolution of not-for-profit corporations for failure to file reports. ( PDF format )

Report urging the passage of S. 7219 which would amend the Not-for-Profit Corporation Law in relation to protections against financial fraud and abuse. ( PDF format )

Northern Ireland

A Brief History of the New York City Bar's Work in Northern Ireland (July 2009) ( PDF format )

An Analysis of the U.K. Inquiries Bill and U.S. Provisions for Investigating Matters of Urgent Public Concern ( PDF format )

Criminal Justice and Human Rights in Northern Ireland ( PDF format )

Letter to British Prime Minister Tony Blair regarding the Patrick Finucane case urging an open and transparent public inquiry in the case pursuant to the Tribunals of Inquiry (Evidence) Act of 1921 ( PDF format )

Letter to Dr. Mitchell Reiss, U.S. Special Envoy for Northern Ireland requesting that every effort be made to ensure that the devolved government in Northern Ireland is restored in the near future ( PDF format )

Letter to Prime Minister Tony Blair regarding the Patrick Finucane case urging that the United Kingdom initiate an inquiry in the case under the Tribunal of Inquiry Evidence Act of 1921 ( PDF format )

Northern Ireland: A Report to the Association of the Bar of the City of New York from a Mission of the Committee on International Human Rights

Northern Ireland:A Report to the Association of the Bar of the City of New York From a Mission in May 2003 of the Committee on International Human Rights ( PDF format )

Not-for-Profit Corporation Law

Letter to the New York State Bar Association offering comments on the NYSBA Business Law Sectionâ€™s proposal to revise the New York Not-for-Profit Corporation Law ( PDF format )

NYS Judiciary

Letter to Governor Paterson and the NYS Legislature regarding the NYS Judiciary budget (March 2010) ( PDF format )

Open Source Software

Letter to the Free Software Foundation urging that given the increased use of open software in business and commercial use that the rules governing such software be clarified ( PDF format )

Orders of protection

Criminal Orders of Protection in New York City (August 2008) ( PDF format )

Report expressing support for A.6060/S.6783 which would amend the Family Court Act and the Criminal Procedure Law, in relation to orders of protection and the definition of â€œmembers of the same family or household.â€ ( PDF format )

Report on A.8375 which would amend the Family Court Act and Criminal Procedure Law by adding certain sex offenses to enumerated family offenses (June 2009) ( PDF format )

Organ donation

A.6966/S.4488 Revised Uniform Anatomical Gifts Act (June 2009) ( PDF format )

Report expressing support for S.5154, The Revised Uniform Anatomical Gift Act, which would help to increase the supply of, and access to, organs for transplantation ( PDF format )

Outsourcing Legal Support Services

Outsourcing Legal Support Services Overseas, Avoiding Aiding a Non-Lawyer in the Unauthorized Practice of Law, Supervision of Non-Lawyers, Competent Representation, Preserving Client Confidences and Secrets, Conflicts Checking, Appropriate Billing, Client Consent - Formal Ethics Opinion 2006-3

The Outsourcing of Legal Services Overseas (November 2009) ( PDF format )

Pakistan

Letter to President Musharraf of Pakistan urging the rule of law be restored (January 2008) ( PDF format )

Letter to the President of Pakistan expressing concern of the suspension of Chief Justice Chaudhry ( PDF format )

Parades

Letter to the New York City Council expressing concern about the amendment to Title 38 of the Official Compilation of Rules of the City of New York which defines "parade" ( PDF format )

Statement on Proposed New York City Parade Regulations ( PDF format )

Parental Rights

Report on A.8524/S.3868-A which would amend the New York State Family Court Act and Social Services Law to permit the restoration of parental rights in certain limited circumstances after a termination of parental rights has previously been ordered by the family court (April 2010) ( PDF format )

Parential Leave Policies

Report and Recommendations: Parental Leave Policies and Practices for Attorneys ( PDF format )

Patent Bar

Comments on Proposal to Update the Procedures Regarding Enrollment and Discipline ( PDF format )

Patients rights

Report commenting on A.5281 which would require health care providers to inform patients or their representatives of certain errors in diagnosis, treatment or other services ( PDF format )

Pay to play

Letter to the SEC commenting on File No. S7-18-09 - Political Contributions by Certain Investment Advisers (October 2009) ( PDF format )

Permanent Employment Certification

Letter to the Department of Labor expressing concern over the Department of Laborâ€™s announcement that the DOL will be auditing all PERM applications based upon a suspicion that attorney involvement in recruiting may have tainted labor market tests required under PERM. ( PDF format )

Permits, New York City

Comments on the Proposed Rules Relating to Permits Issued by the Mayor's Office of Film, Theater and Broadcasting, August 2007 ( PDF format )

Comments on the Proposed Rules Relating to Permits Issued by the Mayor's Office of Film, Theater and Broadcasting, August 2007 ( PDF format )

Pet trusts

Report on A.5985-A/S.3070-A which would amend EPTL Section 7-8.1 to eliminate the 21 year limit for the duration of pet trusts (January 2010) ( PDF format )

Report proposing legislation which would eliminate the 21-year limit for the duration of pet trusts (November 2008) ( PDF format )

Pets

Int. No. 203 - Amending the Administrative Code of the City of New York to Allow Senior Citizens Residing in Multiple Dwellings the Right to Keep Pets in Their Apartments

Report in support of S.1660/A.1825 which would require that no person 62 years of age or older would be denied occupancy in, or evicted from, a multiple dwelling on the sole ground that he or she keeps a common household pet, so long as the keeping of the pet is not prohibited by applicable law and the pet does not constitute a nuisance or cause damage to the premises ( PDF format )

Report in support of The "Pet Safety and Protection Act" (S.714/HR1280) ( PDF format )

Report on a Proposal 1986 to Treat Charitable Remainder Pet Trusts in a Similar Manner to Charitable Remainder Annuity Trusts and Charitable Remainder Unitrusts ( PDF format )

Report on A.311/S.558 which would amend the agriculture and markets law, in relation to fire hazard safety standards for animal housing maintained by pet dealers and A.312/S.559 which would to amend the agriculture and markets law, in relation to requiring certain pet dealers to maintain an automatic dialing device to facilitate automatic notification in the event of a fire emergency ( PDF format )

Report supporting A.1839/S.3167 which would establish Senior Pet Companionship Programs ( PDF format )

Philippines, Human Rights in

Letter to President of Philippines Regarding Attempted Assassination of Romeo Capulong ( PDF format )

Physicians, peer review

Report commenting on S.764/A.2943 which would expand privileged communications at medical peer reviews and quality assurance reviews (March 2006) ( PDF format )

Pleadings

Report on the 1993 Amendments to the Federal Rule of Civil Procedure 11 (May 2010) ( PDF format )

Report regarding A.10503/S.7079 which would amend CPLR 3025(b) to require that a party moving to amend a pleading attach a copy of the proposed pleading showing clearly the proposed changes (January 2009) ( PDF format )

Police Practices

The Authority of the New York Attorney General When Police Abuse Their Authority ( PDF format )

The Failure of Civil Damages Claims to Modify Police Practices and Recommendations for Change

Port security

The Ramifications of the Port Security Legislation on Trade and National Security ( PDF format )

Poverty

Letter to Governor Spitzer highlighting issues that should be a priority of the administration ( PDF format )

Power Plants

Letter to Governor Pataki Regarding Article X of the Public Service Law Governing the Process for the Siting of Electric Generation Facilities in New York ( PDF format )

Pre-mortem Probate

Report opposing any change in the law to permit pre-mortem probate in any type of judicial proceeding (February 2009) ( PDF format )

Preferential trade agreements

Preferential Trade Agreements and the WTO: Impetus or Impediment? (May 2010) ( PDF format )

Preliminary Conference Orders

Report on Preliminary Conference Orders in New York State Courts ( PDF format )

Prenuptial Agreements

Report expressing opposion to A.3074 which would amend the statute of limitations for agreements relating to marriage ( PDF format )

Presidential Impeachment

Alternatives to Impeachment: What May Congress Do?

The Law of Presidential Impeachments (1974)

Presidential vote

Report on the National Popular Vote Initiative (July 2010) ( PDF format )

Prisoner reentry into the workforce

Amicus Brief: Acosta v. New York City Board of Education (filed January 2010 in the New York State Court of Appeals) ( PDF format )

An Employerâ€™s Guide to Interviewing and Hiring People with Criminal Conviction Histories ( PDF format )

Do You Have a Criminal Conviction History: A Guide to Your Employment Rights in New York ( PDF format )

Legal Employers Taking the Lead: Enhancing Employment Opportunities for the Previously Incarcerated ( PDF format )

Report on A.3664/S.4366 which would remove statutory barriers to the licensure and employment of people with criminal records. (Reissued March 2010) ( PDF format )

Report on A.3770-A/S.4686 which would remove the provision in New Yorkâ€™s Alcoholic Beverage Control Law Section 102(2) which forbids an establishment licensed to sell liquor for on-premises consumption to hire any person in any capacity who has been previously convicted of a felony or certain misdemeanors ( PDF format )

Report on A.8065/S.4368-A which concerns the standard under which employers and licensing agencies in New York consider applicants and employees with criminal records (Reissued March 2010) ( PDF format )

Report on A.9382/S.4406-B regarding the Department of Correctional Servicesâ€™ web-based Inmate Population Information Search (Reissued January 2010) ( PDF format )

Statement to the Obama Administration's transition team regarding issues facing persons released from correctional facilities (December 2008) ( PDF format )

Prisoners

Report regarding A.2266/S.1266, the New York Voting Rights Notification and Registration Act (Reissued March 2010) ( PDF format )

Prisoners of War

Amicus Brief: ACLU v. Department of Defense, filed in United States Court of Appeals, Second Circuit ( PDF format )

Letter to Joseph E. Schmitz, Inspector General, Department of Defense, on enemy prisoners of war and other detainees ( PDF format )

Statement of the Association of the Bar of the City of New York With Respect to Release or Transfer of Detainees atGuantanamo Bay Naval Station ( PDF format )

Prisoners with Mental Disabilities

LetterÂ expressing support of S.2207-C whichÂ addresses the inhumane and unjust treatment of prisoners with psychiatric disabilities ( PDF format )

Prisons

A3940/S2082 A Bill to Mandate the Department of Correctional Services Implement Programs to Prevent the Transmission of HIV and STDs in State Correctional Institutions ( PDF format )

Comments on the Board of Correction Proposed Amendments to the Minimum Standards for New York City Correctional Facilities, June 2007 ( PDF format )

Comments on the New York City Board of Correction proposals for variances from the Board of Correctionâ€™s minimum standards for New York City jail facilities (April 2009) ( PDF format )

Conditions of Confinement and the Use of Stun Shields by the New York City Department of Corrections ( PDF format )

Dying Twice: Conditions on New York's Death Row

Letter to Governor Elect Spitzer urging that New York State cease its current practice of terminating Medicaid eligibility for individuals incarcerated in state and local correctional facilities ( PDF format )

Letter to the Department of Correctional Services Urging Them to Reconsider Their Opposition to the Committee's Request to Visit Prison Law Libraries and Work with the Committee in Improving Correctional Services to Inmates ( PDF format )

Memorandum in support of A.4204/S.1840 and A.3692 which would direct the Department of Health to perform annual reviews of the Department of Correctional Services' policies and practices regarding human immunodeficiency virus ("HIV" and hepatitis C virus ("HCV" care and prevention and would amend the definition of "Hospital" in Article 28 of the Public Health Law to include correctional health facilities ( PDF format )

Prisons, health care facilities in

Report on A.1747/S.3344 which would give the Department of Health oversight of healthcare in correctional facilities (June 2009) ( PDF format )

Privacy Rights

Are Your Thoughts Your Own?:"Neuroprivacy" and the Legal Implications of Brain Imaging ( PDF format )

Private Letter Rulings

Letter to the IRS Commenting on Gift Tax Consequences of Trust Employing Distribution Committee ( PDF format )

Private offerings

Comments submitted to the National Association of Securities Dealers expressing concerns with Notice to Members 07-27, Member Private Offerings ( PDF format )

Letter to the Director of the SEC regarding the Securities Act of 1933, private offering reform ( PDF format )

Private trust companies

Letter to the IRS providing comments on the proposed revenue ruling regarding the estate, gift, generation-skipping transfer and income tax issues that are associated with the establishment and administration of trust companies that are family-owned or controlled (private trust companies) (November 2008) ( PDF format )

Pro Bono

Amicus Brief: Arbor Hill v. County of Albany filed in the U.S. Court of Appeals for the Second Circuit, May 2007 ( PDF format )

Guidelines for Lawyers, Clients and Clearinghouses in International Pro Bono Representations

Guidelines for Volunteer Lawyers and Pro Bono Clients

Letter to OCA Commenting on Various Provision in the Report of the NYS Unified Court System Issued in January 2004, Entitled "The Future of Pro Bono in New York" ( PDF format )

PAYMENTS FOR PRO BONO REFERRALS

Pro Bono Representation: Tips for Clients ( PDF format )

Pro Bono Representation: Tips for Clients (Spanish language version) ( PDF format )

Pro Bono Representation: Tips for Clients(Chinese/Mandarin language version) ( PDF format )

Pro Bono Representation: Tips for Clients(French language version) ( PDF format )

Pro Bono Representation: Tips for Volunteer Lawyers ( PDF format )

Pro Bono Representation: Tips for Volunteer Lawyers (Spanish language version) ( PDF format )

Pro Bono Representation: Tips for Volunteer Lawyers(Chinese/Mandarin language version) ( PDF format )

Pro Bono Representation: Tips for Volunteer Lawyers(French language version) ( PDF format )

Pro Bono Attorneys

Letter to the Department of Homeland Security commenting on the proposed rule regarding professional conduct of pro bono service providers (March 2010) ( PDF format )

Pro Hac Vice Admission

Proposals to Modify New York Court Rules Concerning the Engagement of Local Counsel and the Pro Hac Vice Admission of Attorneys

Pro Se Litigants

Letter to the Joint Committee on Local Rules of the EDNY and the SDNY urging that in all cases involving pro se litigants, counsel attach copies of decisions cited in their memoranda of law or other pleadings when those decisions are unreported and/or available solely in electronic databases ( PDF format )

process servers

Out of Service: A Call to Fix the Broken Process Service Industry (April 2010) ( PDF format )

Report on A.6640/S.6649 amending the CPLR in relation to the validity of service of process (June 2010) ( PDF format )

Report on Int. No. 1037-A which would amend NYC Administrative Code with regard to process servers (December 2009) ( PDF format )

Report on New York City Council Intro 6-A which amends the laws governing process servers in New York City (March 2010) ( PDF format )

Testimony before the New York City Council regarding Intro. 6-A which amends the laws governing process servers in New York City (February 2010) ( PDF format )

Professional Responsibility

Comments on Section 307 of the Sarbanes-Oxley Act of 2002 ( PDF format )

Comments on Section 307 of the Sarbanes-Oxley Act of 2002 ( PDF format )

Protected Classes

Report in support of Acts expanding classes protected under the Human Rights Law ( PDF format )

Proxy Rules

Letter to the SEC Commenting on Possible Changes to the Proxy Rules ( PDF format )

Public Authorities

Letter to Governor Eliot Spitzer expressing concern over the spiraling number of public authorities and the fact that these public authorities are unaccountable to the public ( PDF format )

Public Procurement Laws

Modernizing the State's Public Procurement Laws (May 2009) ( PDF format )

Puppy mills

Report on A.7285-B/S.5392-A regarding the regulation and treatment of breeding dogs (June 2009) ( PDF format )

Redistricting

A Proposed New York State Constitutional Amendment to Emancipate Redistricting from Partisan Gerrymanders: Partisanship Channeled for Fair Line-Drawing ( PDF format )

Letter to Governor Spitzer commenting on the new proposed constitutional amendment, Governorâ€™s Program Bill No. 26 re redistricting (January 2008) ( PDF format )

Refugee status

Letter brief regarding the Matter of S-E-G- (Before the Board of Immigration Appeals) (February 2010) ( PDF format )

Registered Offerings

Letter to the SEC on the proposed amendments (File No. S7-30-09) to Rule 163 under the Securities Act of 1933 which would allow well-known seasoned issuers to test the market via underwriters or dealers further facilitating registered offerings (January 2010) ( PDF format )

Renewable energy

Letter to Congress regarding the Federal tax code and renewable energy (January 2009) ( PDF format )

Reproductive Rights

A.888 - An Act to Amend the Education Law, in Relation to Providing for Dispensing Emergency Contraception Under Certain Conditions ( PDF format )

Report commenting on Program Bill No. 16, the Reproductive Health and Privacy Protection Act (July 2008) ( PDF format )

Report concerning S.5808/A.11484, the Reproductive Health Act (Reissued June 2010) ( PDF format )

Request for Judicial Intervention

Letter to the Office of Court Administration commenting on the new Request for Judicial Intervention Form (November 2009) ( PDF format )

Retired Lawyers

Report on Retirement and Pro Bono Activities ( PDF format )

Revised Uniform Limited Liability Company Act

Report on the Revised Uniform Limited Liability Company Act (RULLCA) (June 2009) ( PDF format )

Right of election

Report on A.2873/S.2971 regarding a surviving spouse's waiver of right of election (March 2010) ( PDF format )

Right of Publicity

Report expressing opposition to A.8836/S.6005 which would amend New York Civil Rights Law Â§Â§50 and 51 to provide a "right of publicity" for deceased persons ( PDF format )

Report on S.6790 regarding the use of the persona of a deceased personality for advertising or trade purposes(April 2010) ( PDF format )

Rockefeller Drug Law

Amicus Brief: People v. Orta (filed March 2010, New York Supreme Court Appellate Division, First Department) ( PDF format )

Letter to Governor Spitzer's office regarding Rockefeller drug law reform (February 2006) ( PDF format )

Rule of law

Amicus Brief: Perozo v. Venezuela (The â€œGlobovisiÃ³nâ€ Case) filed in the Inter-American Court of Human Rights, May 2008 ( PDF format )

Amicus Brief: Rios v. Venezuela (the RCTV Case) filed in the Inter-American Court of Human Rights, July 2008 ( PDF format )

Amicus Brief: Rios v. Venezuela (the RCTV Case) filed in the Inter-American Court of Human Rights, July 2008(Spanish version) ( PDF format )

Arar v. Ashcroft (filed in the U.S. Supreme Court March 2010) ( PDF format )

Rules of evidence (NYS)

Report on A.3640/S.1977 which would amend of Section 190.30 of the Criminal Procedure Law with regard to Grand Jury rules of evidence ( PDF format )

Russia

Letter to President Bush expressing concern over the arrest and imprisonment of Mikhail Trepashkin, a Russian lawyer ( PDF format )

Rwanda

Letter to the President of the Republic of Rwanda regarding the arrest of Professor Peter Erlinder (June 2010) ( PDF format )

Rwanda - Gender-Based Violence

A Workshop on the Investigation, Prosecution and Adjudication of Sexual and Gender-Based Crimes, Kigali, Rwanda, November 27 -28, 2007 ( PDF format )

Same Sex Partners

Letter to City Council re: Resolution 0591-2004, supporting passage of the federal Permanent Partners Immigration Act ( "PPIA" ) of 2003 ( PDF format )

Same-Sex Marriage

1324 Reasons for Marriage Equality in New York State ( PDF format )

Amicus Brief filed in the Columbian Constitutional Court regarding the right to same-sex marriage for citizens of Columbia (April 2010) ( PDF format )

Amicus Brief: Hernandez v. Robles ( PDF format )

Amicus Brief: Hernandez v. Robles (filed in the NYS Court of Appeals, April 2006) ( PDF format )

Amicus Brief: Langan v. St. Vincent's Hospital of New York ( PDF format )

Amicus Brief: Lewis v. NYS Department of Civil Services filed in New York State Court of Appeals (September 2009) ( PDF format )

Amicus Brief: Samuels v. New York State Department of Health ( PDF format )

Amicus Brief: Shields v. Madigan ( PDF format )

Letter to Congressional Subcommittee on the Constitution Opposing House Joint Resolution 56 Which Would Federalize a Traditional State Function of Defining and Interpreting What Constitutes a Marriage ( PDF format )

Letter to NYS Senators on the Marriage Equality Act - S.4401 (June 2009) ( PDF format )

Marriage Rights for Same-Sex Couples in New York ( PDF format )

Report on the Marriage Equity Act - A.7732/S.4401 (May 2009) ( PDF format )

Same-Sex Marriage in New York ( PDF format )

Statement in Support of the Marriage Equality Act (November 2009) ( PDF format )

Testimony Before the New York State Senate Regarding Civil Marriage for Same Sex Couples ( PDF format )

Same-Sex Partners, Immigration Benefits

Report on The Uniting American Families Act of 2009 - H.R.1024/S.424 (June 2009) ( PDF format )

Testimony before the New York City Council in support of Resolution No. 2172 which would call upon the U.S. Congress to pass the Uniting American Families Act of 2009 (October 2009) ( PDF format )

Sarbanes-Oxley Act

Comments on Section 302 of the Sarbanes-Oxley Act of 2002 - Certification of Disclosure in Companies' Quarterly and Annual Reports ( PDF format )

Comments on Section 307 of the Sarbanes-Oxley Act of 2002 ( PDF format )

Comments on Section 307 of the Sarbanes-Oxley Act of 2002-Additional Comments by the Committee on Investment Management Regulation ( PDF format )

Comments on Sections 404, 406 and 407 of the Sarbanes-Oxley Act of 2002 - Disclosure Required in Companies’ Quarterly and Annual Reports ( PDF format )

Comments to the SEC on the Certified Shareholder Report to be Filed on Proposed Form N-CSR, the Scope of the Certification Requirement, the Uniform Application of the Certification Requirement and the Disclosure Controls and Procedures Mandated Thereby ( PDF format )

Comments to the SEC Urging They Defer Adoption of Any Additional Rules Under Section 307 Until After the Commission Has Had the Opportunity to Observe the Impact of the Rules it Has Already Adopted ( PDF format )

Secondment

Secondment of law firm attorneys; association with a law firm

Securities

File No. S7-38-04; Release Nos. 33-8501; 34-50624; IC-26649; International Series Release No. 1282 Securities Offering Reform ( PDF format )

Letter to the SEC on Proposed Rule Regarding Standards Relating to Listed Company Audit Committees ( PDF format )

Letter to the SEC Regarding Proposed Amendments to Rule 10b-18 and Purchases of Certain Equity Securities by the Issuer and Others ( PDF format )

Securities and Exchange Commission

Letter to the SEC on the Proposed Release of Comment Letters and Responses ( PDF format )

Securities Regulation

A Report on The President's Military Order of November 13, 2001 Regarding "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism" ( PDF format )

Securities Related Litigation

Coordinating Related Securities Litigation ( PDF format )

Coordinating Related Securities Litigation ( PDF format )

Securitization

Letter to the American Securitization Forum commenting on the RMBS Disclosure Package (August 2008) ( PDF format )

Senior Citizens

Comments on Proposed New York State 2009 Executive Budget (March 2009) ( PDF format )

Sentencing Guidelines

Letter to Congress re: Sentencing Guidelines Provisions of "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005" ( PDF format )

Serbia

Letter to the President of the European Commission regarding Serbia's application to join the European Union (March 2010) ( PDF format )

Service animals

Proposed Repeal of State Human Rights Law Dog Definitions (July 2010) ( PDF format )

Setoff Rights

Letter to the Financial Accounting Standards Board Responding to a Request for Information Dated April 9, 2004 Re Setoff and Isolation ( PDF format )

Sex and Law

Letter to Governor Elect Eliot Spitzer highlighting important issues to be considered during his term including the trafficking of human beings for sexual and labor servitude; the ability of nursing mothers to express breast milk while at work; and the delivery of balanced sex education programs to teenagers in school ( PDF format )

Sex Offenders

Statement on Civil Commitment of Sex Offenders: Senate Bill S6325 and Assembly Bill A09282 ( PDF format )

Statement on the Civil Commitment of Sex Offenders: Comments on the newly adopted Sex Offender Management and Treatment Act (Senate Bill S3318 and Assembly Bill A6162) ( PDF format )

Sex Trafficking

Report on A.7670/S.4429 which would amend the criminal procedure law in regard to victims of sex trafficking convicted of prostitution offenses (March 2010) ( PDF format )

Sexual Education

Report regarding The Healthy Teens Act - A.2856/S.1342 ( PDF format )

Sexual Orientation

Letter to Secretary of State, Colin Powell, urging that the United States co-sponsor and vote in favor of the resolution on Human Rights and Sexual Orientation to be offered by the government of Brazil at the session of the United Nation's Committee on Human Rights ( PDF format )

sexually exploited children

Report expressing support for the Assembly version of Safe Harbor for Exploited Children Act (A.5258-A) which would permit sexually exploited children to receive vital social services rather than face prosecution, potential jail time ( PDF format )

Shareholder agreements

The Enforceability and Effectiveness of Typical Shareholders Agreement Provisions (December 2009) ( PDF format )

Sierra Leone

Letter to newly elected Liberian President Ellen Johnson-Sirleaf urging that Liberia request Nigeria to promptly surrender former Liberian President Charles Taylor to the Special Court of Sierra Leone ( PDF format )

Letter to Secretary of State Condoleeza Rice expressing concerns over Nigeria's failure to surrender former Liberian President Charles Taylor to the Special Court for Sierra Leone and to urge strong leadership by the United States government on this issue ( PDF format )

Second letter to Secretary of State Condoleezza Rice in the wake of a newly elected Liberian president reiterating concerns over Nigeria's failure to surrender former Liberian President Charles Taylor to the Special Court for Sierra Leone and to urge strong leadership by the United States government on this issue ( PDF format )

Slaughterhouses

Letter to Governor Patterson regarding S.5920-A/A.00246B which would prohibit the issuance of licenses to new slaughterhouses located within 1,500 feet of residential properties ( PDF format )

Memorandum supporting S.2517/A.1280 which would amend section 96-b of the Agriculture and Markets Law to provide for the mandatory revocation of licenses of operators of slaughterhouses upon the failure of three consecutive sanitary inspections ( PDF format )

Smaller public companies

Letter to the SEC commenting on its proposed recommendations for changes in the current regulatory system for smaller companies under the securities laws of the United States ( PDF format )

Solid Waste Management

Comments on Proposed Solid Waste Management Plan and the Draft Environmental Impact Statement ( PDF format )

Letter to Mayor Bloomberg regarding undertaking an analysis of the New York City's Solid Waste Management Plan ( PDF format )

South Africa, Republic of

Letter to the President of the Republic of South Africa expressing concerns over recent detentions and beatings of leader of the Movement for Democratic Change ( PDF format )

Spain

Letter to the President of Spain regarding the indictment of Magistrate Judge Baltasar GarzÃ³n (April 2010) ( PDF format )

Special education

Report on A.8398/S.5636 concerning special education programs and services and the implementation of the federal Individuals with Disabilities Education Improvement Act (June 2009) ( PDF format )

Sperm Donation

Letter to the NYS Department of Health urging the Department to reconsider 10 NYRR Section 52-3.4(a)(8) and 52-8.5 which prohibit any man who has had oral or anal sex with another man in the preceding five years from anonymously donating sperm ( PDF format )

State Government

"Road map" of new New York State Senate Rules (November 2009) ( PDF format )

Letter to the NYS Legislature regarding reforms to the State Legislature committee process (November 2009) ( PDF format )

NO ON PROPOSAL ONE ( PDF format )

Supporting Legislative Rules Reform: The Fundamentals ( PDF format )

Testimony before the New York State Senate Temporary Committee on Rules Reform (February 26, 2009) ( PDF format )

Testimony from the Committee on State Affairs on Legislative Rules Reform, December 8, 2004 ( PDF format )

The New York State Budget Process and the Constitution:Defining and Protecting the “Delicate Balance” of Power ( PDF format )

State Secrets

Amicus Brief: Center for Constitutional Rights v. Bush (U.S. District Court, Southern District of New York, June 2006) ( PDF format )

Amicus Brief: Khaled El-Masri v. United States of America (U.S. Supreme Court, August 2007) ( PDF format )

Statement on Pending Legislation Addressing the State Secrets Privilege ( PDF format )

Supplemental Statement on Pending Legislation Addressing the States Secrets Privilege (May 2010) ( PDF format )

Stem Cell Research

Letter re: S.471, The Stem Cell Research Enhancement Act of 2005 ( PDF format )

Letter to the Empire State Stem Cell Board on the ethics of embryonic stem cell research (May 2008) ( PDF format )

Stop and Frisk

Letter to New York City Police Commissioner, Raymond Kelly, regarding the Rand Report and Stop-and-Frisk practices (December 2007) ( PDF format )

Statement Concerning the New York Police Department's Stop-and-Frisk Practices (April 2009) ( PDF format )

Student Loans

Law School Debt and the Practice of Law ( PDF format )

Sub-Saharan Africa

Gender-Based Violence Laws in Sub-Saharan Africa ( PDF format )

Substantive Consolidation Opinions

Special Report on the Preparation of Substantive Consolidation Opinions ( PDF format )

Succession Rules

Letter to the Governorâ€™s Office urging reforms to the succession rules in New York State ( PDF format )

Sudan

Letter to the Ambassaodr to the United Nations expressing concern over the situation in the Darfur region in Sudan. ( PDF format )

Summary prospectus

Letter to the SEC offering comments to the proposed amendments which seek to enhance the disclosure provided to investors in registered open-end management investment companies ( PDF format )

Syringe Exchange Programs

Letter to Congress regarding the federal funding ban for syringe exchange programs (December 2009) ( PDF format )

Report on A.8396/S.5620 which would de-criminalize possession of a hypodermic syringe or needle that is lawfully possessed under New Yorkâ€™s public health laws but contains a residual amount of a controlled substance (Reissued March 2010) ( PDF format )

Tail Docking

Report on A.9732 concerning the tail docking of cattle (June 2010) ( PDF format )

Tax Appeals Tribunals

The Quorum Problem Affecting the New York State and New York City Tax Appeals Tribunals (June 2009) ( PDF format )

Tax Shelters

Letter to the Department of the Treasury Commenting on Proposed Amendments to 31 CFR Part 10, Tax Shelter ( PDF format )

Tax Treaties - Collective Investment Vehicles

Letter to OECD on the Entitlement of Collective Investment Vehicles for Tax Treaty Benefits - Treaty Eligible State Investors (October 2008) ( PDF format )

Tax-Exempt Organizations

Comments on the Discussion Draft of the Senate Finance Committee For Reforms and Best Practices In the Area of Tax-Exempt Organizations ( PDF format )

Taxation

Letter to Congress expressing support for H.R. 1540, the Civil Rights Tax Relief Act of 2007 (CRTRA) ( PDF format )

Letter to the ABA Urging the ABA House of Delegates to Support the Reintroduction of the Civil Rights Tax Relief Act (CRTRA) in Congress ( PDF format )

Letter to the IRS Commenting on Proposed Regulations Revising the Definition of Income Under Section 643(b) ( PDF format )

Supplemental Comments on IRS Circular 230 (which governs practice before the IRS) ( PDF format )

Taxation - Corporate Reorganizations

Report Offering Proposed Guidance on the Federal Income Tax Treatment of Post-Closing Contingent Consideration in Reorganizations (April 2010) ( PDF format )

Taxation - Interest on Non-Performing Loans

Report Regarding Proposals for Accounting Treatment of Interest on Non-Performing Loans (July 2008) ( PDF format )

Taxation - Passive Foreign Investment Company

Report offering proposed guidance regarding the Passive Foreign Investment Company Rules (PFIC)(September 2009) ( PDF format )

Taxation - rules of practice

Comments on IRS Circular 230 (which governs practice before the IRS)(May 2005) ( PDF format )

Taxation - Treaties

Report Offering Proposals Regarding the "Derivative Benefits" Provisions Found in the Limitation on Benefits Article of Certain U.S. Income Tax Treaties (May 2008) ( PDF format )

Taxation lending activities by foreigners

Report offering proposed guidance regarding U.S. federal income tax treatment of certain lending activities conducted within the U.S. (May 2007) ( PDF format )

Taxation partnerships/partners

Report to the IRS offering comments on the application of Internal Revenue Code Section 409A to service arrangements between partnerships and partners (May 2006) ( PDF format )

Taxicab Accessibility

Report Urging Legislation to Require Taxicab Accessibility In New York City ( PDF format )

Teenage mothers

Letter to the New York City Administration for Childrenâ€™s Services supporting the agencyâ€™s collaboration with the Nurse-Family Partnership ( PDF format )

Term Limits

New York City Bar Statement on Proposals to Change New York City Term Limit Laws ( PDF format )

Terrorism

A.4884/S.2996 An Act to Amend the Agriculture and Markets Law in Relations to Unlawful Tampering with Animal Activities ( PDF format )

Dangerous Doctrine: The Attorney General's Unfounded Claim Of Unlimited Authority to Arrest and Deport Aliens in Secret ( PDF format )

Federal Role in Terrorism Insurance

Follow up letter to Congress expressing continuing concern that the Conference Report on the proposed Patriot Act reauthorization bill fails to ameliorate the most serious threats to civil liberties in the original Patriot Act ( PDF format )

Human Rights Standards Applicable to the United States' Interrogation of Detainees ( PDF format )

Human Rights Standards Applicable to the United States' Interrogation of Detainees, Supplement Following the Abuses at Abu Ghraib Prison in Iraq ( PDF format )

Letter to Congress commenting on certain provisions of the USA PATRIOT Act being considered by the Conference Committee, reflected in bills passed by the House and Senate, H.R. 3199 and S. 1389. H.R. 3199 and S.1389 ( PDF format )

Letter to Congress express concern that the Conference Report on the proposed Patriot Act reauthorization bill fails to ameliorate the most serious threats to civil liberties in the original Patriot Act, February 2006 ( PDF format )

Letter to Congress expressing concerns regarding the Graham-Levin-Kyl Amendment to the Defense Authorization Bill ( PDF format )

Letter to Congress expressing serious concerns with the Graham Amendment and the indefinite detention of persons whose status as an enemy combatant has not been adequately examined as well as the treatment of those detainees. ( PDF format )

Letter to Congress urging opposition to the Administrationâ€™s issuance of a revised Army Field Manual on Intelligence Interrogation ( PDF format )

Letter to Congress urging rejection of the military appropriations bill that would remove from the United States courts the authority to consider a habeas petition from any alien detainee being held by the Secretary of Defense as an enemy combatant. ( PDF format )

Letter to Congress urging that the McCain Amendment which seeks to codify and preserve long-established basic standards of treatment for enemy detainees by the United States Government in times of war be included in H.R. 2863, the Fiscal Year 2006 Department of Defense Appropriations Conference Report ( PDF format )

Letter to Congress urging the opposition of the enactment of the Patriot Act reauthorization bill reported by the Conference Committee since it fails to meaningfully ameliorate many of the most serious threats to civil liberties in the original Patriot Act ( PDF format )

NYC Bar Association Issues Statement Opposing House 9/11 Bill ( PDF format )

Report expressing opposition to H.R. 4239, the Animal Enterprise Terrorism Act (AETA) ( PDF format )

Report on the President’s Military Order of November 13, 2001 Regarding Detention, Treatment and Trial of Certain Non-Citizens in the War Against Terrorism ( PDF format )

The Indefinite Detention of "Enemy Combatants": Balancing Due Process and National Security in the Context of the War on Terror ( PDF format )

The Press and the Public’s First Amendment Right of Access to Terrorism on Trial ( PDF format )

The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments ( PDF format )

Terrorism prosecutions

Amicus Brief: Ali Saleh Kahlah Al-Marri v. Spagone (filed in January 2009 in the U.S. Supreme Court) ( PDF format )

Letter to Congress regarding S 2977/HR 4556 which would terminate Department of Justice funding intended to further the prosecution of non-citizen suspected terrorists in an Article III court of the US that could potentially be prosecuted by a military commission (March 2010) ( PDF format )

Title insurance

Report on A.9441/S.6288 and A.9445-A/S.6290 which would create a state-run title insurance system in New York (March 2010) ( PDF format )

Tort Reform

Memorandum opposing the proposed federal medical malpractice reform legislation H.R.534/S.354 which would impose, among other limits, an artificial cap on non-economic damage recoverable in medical malpractice actions ( PDF format )

Torture, U.S. Use of

Letter to U.S. Senate Judiciary Committee on Nomination of William J. Haynes to Fourth Circuit Court of Appeals ( PDF format )

Trade controls

Letter to the US Department of State regarding new policy adopted by the Response Team of the Directorate of Defense Trade Controls concerning inquiries from external legal counsel (December 2008) ( PDF format )

Trademark Dilution

Proposed Amendment to Federal Dilution Statute ( PDF format )

Trademarks

21st Century Trademark Basics

On Line Auction Sites and Trademark Infringement Liability ( PDF format )

Trail Commissions

Letter to the SEC regarding proposed rule changes by the NASD relating to the implementation date of notice to members ( PDF format )

Letter to the SEC regarding the notice of filing and immediate effectiveness of proposed rule changes relating to the treatment of commodity pool trail commissions ( PDF format )

Transgender Health Services

Report urging repeal of the exclusion of state Medicaid insurance coverage for transgender health services (December 2009) ( PDF format )

Transgender Rights

AN ACT to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes. ( PDF format )

Report supporting A.5710/S.2406, The Gender Expression Nondiscrimination Act (Reissued March 2010) ( PDF format )

Trap Shoots

Report on H.B. 1411/S.B. 843, an Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes which would prohibit the use of live animals, including wild birds, for targets at trap shoots and block shoots (May 2010) ( PDF format )

Trapping

Report on A.4777/S.5423 which would permit each county to restrict, limit or prohibit trapping within is municipal limits (June 2009) ( PDF format )

Trustees, Role of

Proposed Amendments to Section 10-6.6(B) of the EPTL and Restatement of the Statute as Section 10.6.6(A) (May 2010) ( PDF format )

Trusts and Estates, Administration of

Letter to the IRS commenting on the proposed Treasury Regulation 1.67-4 ( PDF format )

Trusts estate and gift taxation

Memorandum in support of S3441 ( PDF format )

Trusts, State Taxation of

Hess Lecture: Rationalizing the State Income Taxation of Trusts â€“ Chasing Quill Feathers in the Wind (Delivered May 10 2010) ( PDF format )

Type C nonprofit corporation

Report on S.3698 eliminating the Type C corporation under the Not-For-Profit Corporation Law (December 2009) ( PDF format )

Uganda

Letter to the President of Uganda expressing grave concern over the arrest and detention of political opposition leader Dr. Kizza Besigye in particular the circumstances surrounding the upcoming trials of Dr. Besigye and his co-defendants in civilian and military courts ( PDF format )

UNCITRAL

Letter to Jeffery Kover, US Department of State, Regarding UNCITRAL Model Legislation Provision on Privately Financed Infrastructure Projects ( PDF format )

Proposed Revisions to the UNCITRAL Arbitration Rules (April 2010) ( PDF format )

Uniform Civil Rules for the Supreme and County Courts

Letter to Hon. Jonathan Lippman, Chief Administrative Judge of the Courts, expressing concerns about Section 202.8(h) of the Uniform Civil Rules for the Supreme and County Courts which mandates that lawyers remind judges in writing when a submitted motion has not been decided within 60 days (" Rule 23"). ( PDF format )

Uniform Collaborative Law Act

Letter urging the ABA House of Delegates to support the enactment of the Uniform Collaborative Law Act (UCLA) (January 2010) ( PDF format )

Uniform Commercial Code

Comments on the Permanent Editorial Board for the Uniform Commercial Code proposed commentary on Uniform Commercial Code sections 4A-502(d) (creditor process served on a receiving bank) and 4A-503 (injunctions or restraining orders with respect to funds transfers) (June 2009) ( PDF format )

Letter to the US Department of Commerce Regarding the State Uniform Commercial Code Exception in Electronic Signatures in the Global and National Commerce Act ( PDF format )

Report on proposed amendments to UCC Article 9 (March 2010) ( PDF format )

Uniform Commercial Code Article 1

Report on Revised Article 1 of the Uniform Commercial Code ( PDF format )

Second Report on Revised Article 1 of the Uniform Commerical Code (July 2010) ( PDF format )

Uniform Fraudulent Transfer Act

Letter to the New York State Legislature recommending that the Legislature repeal New York's existing fraudulent transfer statute and replace it with a statute based on the Uniform Fraudulent Transfer Act (UFTA). ( PDF format )

Uniform Mediation Act

Report on S.1340 the Uniform Mediation Act (UMA) ( PDF format )

United Kingdom - Inquiries Bill

An Analysis of the U.K. Inquiries Bill and U.S. Provisions for Investigating Matters of Urgent Public Concern ( PDF format )

United Nations

Letter to Senator Joseph Bruno, State Senate Majority Leader, Regarding United Nations Consolidation Project ( PDF format )

New York City and the United Nations: Toward a Renewed Relationship

Unpublished Opinions

Letter Supporting the Proposed Amendment to the Federal Rules of Appellate Procedure Concerning the Citation of Unpublished Opinions ( PDF format )

Venezuela

Letter to the President of Venezuela regarding the continuing incarceration of Judge Maria Lourdes Afiuni by the Venezuelan government (April 2010) ( PDF format )

Video Games

Report on violent video game legislation (June 2007) ( PDF format )

Vienna Convention

Amicus Brief: Medellin v. Dretke ( PDF format )

Amicus Brief: Medellin v. Dretke on petition for writ of certiorari ( PDF format )

Amicus Brief: Sanchez-Llamas/Bustillo v. State of Oregon/Director of the Virginia Department of Corrections ( PDF format )

Voir Dire

Letter expressing opposition to proposed legislation (A.11715/S.8661) which would provide two new additional opportunities for review of a trial judgeâ€™s voir dire rulings September 2008 ( PDF format )

Voter Registration

Letter to the U.S. Department of Veterans Affairs regarding the VAâ€™s reported exclusion of outside non-partisan voter-registration assistance at federally financed nursing homes, rehabilitation centers and shelters for homeless veterans. ( PDF format )

Voting

Letter to Congress expressing support of the Deceptive Practices and Voter Intimidation Prevention Act of 2007 (HR 1281) ( PDF format )

Letter to Congress urging opposition to any companion bill to H.R. 4844 because it would unfairly suppress voting, and is unnecessary to prevent voter fraud ( PDF format )

Letter to Congress urging support for the Voting Rights Act Reauthorization and Amendments Act of 2006 (H.R. 9) ( PDF format )

Letter to Congress urging support for the Voting Rights Act Reauthorization and Amendments Act of 2006 (S.2703) ( PDF format )

Letter to Congress urging the passage of H.R.3734 and S.1867, the Displaced Citizens Voter Protection Act of 2005 ( PDF format )

Letter to the Legislature Urging the Consideration of Access for People With Disabilities, Poll Working Training and Public Education as they Implement the Help America Vote Act in New York State ( PDF format )

New Voting Technology ( PDF format )

Report supporting the Voting Rights Act Reauthorization and Amendments Act of 2006 (H.R.9/S.2703) ( PDF format )

Water Supply

Materials from Program: Running Out of Water? The Future of Water Supply, Quantity, and Quality, June 3, 2009

Welfare

Letter to Governor Pataki Regarding Welfare-Related Proposals in the Executive Budget ( PDF format )

Letter to the New York State Legislature expressing support for A.9807-B which would increase the basic welfare grant for needy New Yorkers ( PDF format )

Letter to the NYS Legislature urging that legislation be sponsored that would add an additional energy allowance to NYS's public assistance grant ( PDF format )

Report on A.11297/S.8416 which would allow baccalaureate and advanced degree programs to count towards the work participation rate for public assistance recipients (May 2008) ( PDF format )

Report on S.5846-B which would allow for baccalaureate and advanced degree programs and certain educational and training activity to count towards the work participation rate (Revised March 2010) ( PDF format )

Report regarding A.1827 which would expand the number of educational and training activities that would count toward required work participation hours for public assistance recipients (June 2009) ( PDF format )

Welfare Reform in New York City: The Measure of Success

Western Sahara

Letter to the UN Secretary General regarding peacekeeping in Western Sahara (MINURSO) (March 2010) ( PDF format )

Whaling

Letter regarding the worldwide moratorium on commercial whaling (June 2009) ( PDF format )

Women in Workforce

Best Practices for the Hiring, Training, Retention and Advancement of Women Attorneys ( PDF format )

Letter regarding notification of the Expressing at Work Bill in materials distributed to new mothers in maternal health care facilities (February 2010) ( PDF format )

Letter to Bureau of Labor Statistics re: decision to discontinue collecting data on women workers in the Current Employment Statistics (CES) survey after July 2005 ( PDF format )

Wrongful convictions

Report on legislative initiatives with regard to reviewing wrongful convictions ( PDF format )

Youthful offender status

Legislation regarding youthful offender status (June 2010) ( PDF format )

Zimbabwe

Letter to President Mugabe of Zimbabwe regarding government-sponsored attacks against the Law Society of Zimbabwe (LSZ) ( PDF format )

Letter to the President of Zimbabwe regarding the intimidation of and criminal charges against Arnold Tsunga, a human rights lawyer with Zimbabwe Lawyers for Human Rights ( PDF format )