Vol. II No. 1 May 2016 D i g e s tSchwartz, Professor Emeritus of Law at Touro Col-lege Jacob D....

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D i g e s t FEDERAL BAR ASSOCIATION EASTERN DISTRICT OF NEW YORK CHAPTER Vol. II No. 1 May 2016 IN THIS ISSUE PRESIDENTS MINUTE ——————————————————————— EDITORS NOTE ——————————————————————— MEMBER SPOTLIGHT: JULIA CASTORE TOURO LAW CENTER ——————————————————————— CHAPTER AND NATIONAL EVENT PROFILES ——————————————————————— MEMBER BENEFITS: WHY YOU SHOULD JOIN THE FBA UPCOMING FBA EVENTS For more information on upcoming FBA events go to: http:// www.fedbar.org/Calendar.aspx June 1: MyLaw Webinar: Federal Courts 101: Nuts & Bolts of Federal Civil Litigation June 2-3: 28th Annual Insurance Tax Seminar June 3: Veterans and Military Law Section: 8th An- nual Veterans Legal Assistance Conference & Training June 7: MyLaw Webinar: Fashion Law Basics – The Lawyer Wears Prada June 7: MyLaw Webinar: Federal Indian Law 101 June 7: Section on Taxation: Tax Miami: U.S. Tax Court Judge Albert G. Lauber The FBA EDNY Chapter is the proud recipient of the FBA 2013 & 2014 CHAPTER ACTIVITY PRESIDENTIAL EXCELLENCE AWARD June 8: MyLaw Webinar: Leverage Your Demand Letters to Increase Settlement Valuations in Personal Injury: Counter Colossus Disputes, Delays, Denials & Omissions June 8: MyLaw Webinar: 2016 Student Loan Re- payment Plans June 10: Younger Lawyers Division: Seminar Ad- dressing the Use of Scientific Evidence in our Federal Courts June 16: Younger Lawyers Division: 2016 Summer Law Clerk Program Kickoff June 20: Younger Lawyers Division: 2016 Su- preme Court Admissions Ceremony June 29: Day in Federal Court Program (see page 9)

Transcript of Vol. II No. 1 May 2016 D i g e s tSchwartz, Professor Emeritus of Law at Touro Col-lege Jacob D....

Page 1: Vol. II No. 1 May 2016 D i g e s tSchwartz, Professor Emeritus of Law at Touro Col-lege Jacob D. Fuchsberg Law Center, and Marc A. Mandelman, Esq. The panelists spoke about a wide

D i g e s t

FEDERAL BAR ASSOCIATION

EASTERN DISTRICT OF NEW YORK CHAPTER

Vol. II No. 1 May 2016

IN THIS ISSUE PRESIDENT’S MINUTE

———————————————————————

EDITOR’S NOTE

———————————————————————

MEMBER SPOTLIGHT:

JULIA CASTORE

TOURO LAW CENTER

———————————————————————

CHAPTER AND NATIONAL EVENT

PROFILES

———————————————————————

MEMBER BENEFITS:

WHY YOU SHOULD JOIN THE FBA

UPCOMING FBA EVENTS

For more information on upcoming FBA events go to: http://

www.fedbar.org/Calendar.aspx

June 1: MyLaw Webinar: Federal Courts 101: Nuts &

Bolts of Federal Civil Litigation

June 2-3: 28th Annual Insurance Tax Seminar

June 3: Veterans and Military Law Section: 8th An-

nual Veterans Legal Assistance Conference & Training

June 7: MyLaw Webinar: Fashion Law Basics – The Lawyer Wears Prada

June 7: MyLaw Webinar: Federal Indian Law 101

June 7: Section on Taxation: Tax Miami: U.S. Tax

Court Judge Albert G. Lauber

The FBA EDNY Chapter

is the proud recipient of the

FBA 2013 & 2014

CHAPTER

ACTIVITY PRESIDENTIAL

EXCELLENCE AWARD

June 8: MyLaw Webinar: Leverage Your Demand

Letters to Increase Settlement Valuations in Personal

Injury: Counter Colossus Disputes, Delays, Denials &

Omissions

June 8: MyLaw Webinar: 2016 Student Loan Re-payment Plans

June 10: Younger Lawyers Division: Seminar Ad-dressing the Use of Scientific Evidence in our Federal Courts

June 16: Younger Lawyers Division: 2016 Summer Law Clerk Program Kickoff

June 20: Younger Lawyers Division: 2016 Su-preme Court Admissions Ceremony

June 29: Day in Federal Court Program (see page 9)

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President’s Minute Dina Miller, Chapter President

As we shed our winter coats, it is with great pride that I reflect on our Chapter’s recent successes and highlight the events that we have planned for the remaining year. It is hard to imagine that a few years ago, the Eastern District of New York Chapter had fewer than 100 members and was planning its first continuing legal education program. Today, we have become one of the most active chapters in the country, offering quality programs for our members throughout the year and numerous opportunities for networking and professional development.

In November, we held Part Two of our Fourth Civil Practice Update. Our panelists included Mag-istrate Judge Steven I. Locke, Professor Martin Schwartz, Professor Emeritus of Law at Touro Col-lege Jacob D. Fuchsberg Law Center, and Marc A. Mandelman, Esq. The panelists spoke about a wide variety of topics including the latest develop-ments in Section 1983 and employment law. On March 9, 2016, we hosted our Fourth Annual Crimi-nal Practice Update. Judges Joseph Bianco and John Gleeson returned for the fourth time to lead the program and were joined by defense attorney Anthony LaPinta, Esq., and A.U.S.A John Durham, Deputy Chief of the Long Island Criminal Division. The panel explored important recent Supreme Court and Second Circuit criminal cases, ad-dressed mandatory minimums, and provided com-prehensive tips on trial advocacy.

Prior to both programs, the Chapter hosted a “Meet the Judges” reception. The Meet the Judges receptions are always free to anyone enrolled in our CLE sessions and they provide a fantastic oppor-tunity to mingle with distinguished practitioners and judges. Indeed, at the March 9 reception, approxi-mately one hundred members of the bench and bar took advantage of the session in order to say good-bye to Judge Gleeson during his last hours on the bench.

I am also proud to welcome our newest Board member, Magistrate Judge Anne Shields, who re-cently assumed the duty as co-chair of the Continu-ing Legal Education Committee. Wasting no time, Judge Shields held an exciting program for April 6, 2016, entitled “Life After Cheeks.” This two-hour program provided an overview of recent Second Circuit Fair Labor Standards Act cases and offered practitioners practical business advice to pass on to clients. Judge Shields was joined at the program by Judge Locke, Keith Gutstein, Esq., Troy Kessler, Esq. and Robyn Weinstein, Esq.

Judge Shields and I are also working on a joint pro-gram with the Court to train attorneys interested in becoming FLSA mediators. The program is current-ly planned for June and will be free to attorneys cho-sen by the Court to participate in the mediation pro-gram.

In addition, to meet the needs of our diverse and ever growing membership, the Chapter has in-creased the number of opportunities for our mem-bers to socialize with other federal practitioners and judges, to mentor law students and to support the community as a whole. In January, the Chapter launched a new program entitled “The Bench in Your Backyard” aimed at exposing middle school students to the workings of the Federal Court and educating them about the federal justice system. Working in partnership with several members of Judge Katzmann’s Committee for Public Engage-ment and Civic Education, the Chapter has already hosted close to three hundred students from local middle schools and several Girl Scout troops. In April, the Chapter hosted a very exciting reception marking the passing of the torch from Chief Judge Carol Amon to Judge Irizarry. The program, which took place in Brooklyn on April 15, gave several hun-dred federal practitioners an opportunity to recog-nize the outstanding job done by Judge Amon and to welcome Judge Irizzary to her new position in a re-laxed and festive setting.

Finally, the EDNY Chapter has always believed that the future of the organization lies in our ability to welcome future members of the bar through law school outreach programs. I am pleased to an-nounce that the EDNY Chapter now has active stu-dent organizations at Touro Law Center, Hofstra Law School and St. John’s University School of Law. Throughout the year, the FBA will be participating in a number of joint programs with the law schools.

In conclusion, I want to encourage each of you to promote membership in the FBA within your firms and to your colleagues. Our Chapter is committed to providing quality educational and social programs throughout the year and growing our membership is the best way to ensure the Chapter’s financial future for years to come. Thank you again for your support of our Chapter. I look forward to see-ing you all at future events.

Yours faithfully, Dina Miller, President, 2015-16

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A Note From the Editor

Welcome to Volume II, Issue I of “The Digest,” our FBA EDNY Chapter Newsletter. As my first order of business as Editor-in-Chief, I would like to thank our former and founding Editor-in-Chief, Robert J. Rando, Esq. for his guidance and inspiration. I would also like to take this opportunity to ask our readers how we can improve the Digest. Please contact us and let us know what you would like to see in our next edition. You will notice we have added a new section for a Member Spotlight. If you would like to be our Spotlight Member or know someone who should be highlighted, please contact us at [email protected].

Be sure to check out all of our upcoming events listed on the front cover. One particular event to note is our “Day in Federal Court” program. This exciting program gives law students and young practitioners the opportunity to witness the workings of the Federal Court, presentations by several feder-al judges, a presentation by the US Marshall’s office and time for the attendees to interact with judges, clerks and practitioners in an informal setting. See page 9 for more details. We hope that you enjoy the current issue and find it engaging and informative. We encourage and invite your comments and input regarding how future issues of The Digest may enhance or add value to you as a fellow member of the FBA. Cynthia Augello,

Editor-in-Chief

Our Chapter has added a new feature to our Di-gest – the Member Spot-light. This edition’s Mem-ber Spotlight shines upon Julia Castore, a graduate of the Touro College Ja-cob D. Fuchsberg Law Center. Ms. Castore has been a member of the FBA and the EDNY Chap-ter for over two (2) years. During her membership, Ms. Castore helped found the Touro Law School Student Division – the first student division in the EDNY – and served as its Treasurer and its President. Ms. Castore has also received the EDNY’s Student Leadership Award, an honor bestowed upon a third year law student who has done exemplary work in support of the FBA. Ms. Castore has received the award for, among other things, her work with the EDNY’s “Honoring Women Military Veterans” event in May 2015 and for arranging and co-sponsoring events and programs at Touro Law Center.

During her law school tenure, Ms. Castore has worked for the Murray Law Group in West Sayville, New York, focusing her efforts in the field of real estate. She has also volunteered her time assist-ing a local animal shelter and organized the shel-ter’s first annual Barktober Fest in an effort to raise funds and encourage the adoption of rescue ani-mals. Ms. Castore hails from upstate New York circa New Paltz and earned her Bachelor of Arts in History from the State University of New York at Binghamton in 2013.

Member Spotlight

Want to be a contributor? The FBA Digest gladly accepts articles, suggestions, letters, opinions and ideas from members of the Bench and Bar.

Email: [email protected]

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Pass The Torch

On April 15, 2016, the EDNY Chapter honored Chief Judge Carol Bagley Amon as she passed the torch to new Chief Judge Dora Irizarry. Over 300 Judges, practitioners, family members and friends looked on as stories were told, a tiara was passed, and memories were made.

Speakers included EDNY Chapter President, Dina Miller, 2nd Circuit Vice President Ernest Bartol, FBA National President Mark Vincent, Hon. Edward Korman, Hon. Joanna Seybert, Hon. Jose Cabranes, U.S. Attorney Loretta Lynch, and, of course, Hon. Carol Bagley Amon and Hon. Dora Iri-zarry. Musical tribute was paid by the Our Lady of Mercy Select Choir. A reception was held after the ceremony.

It was a night of many firsts, including the EDNY Chapter’s first ever Red Carpet. Attendees walked on our red carpet and had their pictures taken. Those pictures can be viewed on our Facebook, In-stagram and Twitter pages.

The EDNY Chapter was happy to host such a new and exciting event which we anticipate will be a new tradition.

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YEAR IN REVIEW

On October 5, 2015 and November 9, 2015, the

EDNY Chapter hosted its Fourth Annual Civil Prac-

tice Update. This two part program was widely at-

tended. In the first program, presenters Hon. Kath-

leen Tomlinson, Professor John Barrett, and

James Wicks, Esq. gave a review of the Supreme

Court’s current term and discussed cases and de-

velopments in caselaw and civil discovery.

In the second part of the program, presenters Hon.

Steven Locke, Professor Martin Schwartz, and

Marc A. Mandelman, Esq. discussed cases and

developments in Section 1983 including excessive

force claims and employment law.

A “Meet-the-Judges” reception was held before

both events.

EDNY Chapter Installs New Officers

EDNY Chapter Hosts Fourth Annual Civil Practice

Update

The EDNY Chapter hosted its Fourth Annual Criminal Law Update CLE program on Wednesday, March 9, 2014. Once again, it was a terrific program with an outstanding panel of pre-senters. Judge Trust introduced the panel consisting of the Hon. Joseph F. Bianco, the Hon. John Gleeson, Anthony LaPinta, Esq. and John Durham, Esq. The panel discussed important re-cent Supreme Court and Second Circuit criminal cases, mandatory minimums and tips on trial advo-cacy. This year the Criminal Law Update was bit-tersweet as it also marked Judge Gleeson’s last day on the bench. Before the program, the EDNY Chapter held a reception in honor of Judge Gleeson where he was presented with a plaque and expressions of sincere gratitude for his years of service.

THE EDNY CHAPTER HOSTS FOURTH ANNUAL CRIMINAL LAW UPDATE

On October 5, 2015, the EDNY Chapter in-

stalled new officers to its Board of Directors prior

to the first part of the two part Civil Practice Up-

date program. The new Executive Board Mem-

bers of the EDNY Chapter are:

President: Dina Miller, Esq.

President Elect: Hon. Alan S. Trust

Vice President: Professor Joan Foley

Secretary: Cynthia A. Augello, Esq.

Treasurer: Giuseppe Franzella, Esq.

We wish the new Executive Board much success

in the upcoming year.

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EDNY CHAPTER TO HOST A DAY IN FEDERAL COURT

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On January 13, 2016, the EDNY Chapter launched its new program entitled “The Bench in Your Backyard” aimed at exposing middle school students to the workings of the Federal Court and educating them about the federal justice system. Working in partnership with several members of Judge Katzmann’s committee for Public engagement and Civic education, the Chapter hosted ninety students from Beech Street Middle School in West Islip. Presenters at the opening event include the Hon. Dennis R. Hurley, the Hon. Joseph F. Bianco and the Hon Gary R. Brown. The Judges spoke to the students about the federal court system and explained the differences between Article III and Article I judges as well as the importance of an independent judiciary. Judge Brown discussed the importance of our jury system and described the obligations of citizens including jury service. In addition, several members of the courthouse family described their roles in the administration of justice including U.S. Marshal Charles Dunne, A.U.S.A. Nicole Boeckmann, Federal Defender Randi Chavis, Marshal Dawn Mahoney, A.T.F. Agent Stephanie D’Andrea, and her canine partner, Kara. The EDNY Chapter hosted students and Girl Scout troops throughout the month of January and hopes to make “The Bench in Your Backyard” an annual event.

On April 6, 2016, the EDNY Chapter hosted its first ever FLSA program. Nearly 80 people registered for this exciting new program entitled “Life After Cheeks.” Presenters included the Hon. Steven I. Locke, Hon. Anne Y. Shields, Troy Kessler, Esq., Keith Gutstein, Esq., and Robyn Weinstein, Esq.

The audience was actively engaged as the presenters discussed significant developments affecting FLSA cases, practical advice for handling FLSA collective actions, class actions, offers of judgment and settle-ments and handling FLSA claims through alternative dispute resolution.

As for another first for the EDNY Chapter, this program was held in Nassau County. The Chapter intends on holding future programs in Nassau County in hopes that more members can easily attend.

EDNY CHAPTER GETS INVOLVED IN CIVICS PROGRAMMING

THE EDNY CHAPTER HOSTS FIRST FLSA CLE PROGRAM

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Access to CLE programs and webinars Receive the FBA’s electronic Newsletter Discounted registration costs for certain CLEs and

FBA events Special offers from businesses such as AVIS,

FedEx and JoS. A. Bank

Cynthia A. Augello, Editor-in-Chief Robert Rando, Contributing Editor John C. Stellakis, Managing Editor Randi Chavis, Associate Editor Jennifer Rando Cristiano, Associate Editor

Murphy, Bartol & O’Brien, LLP 22 Jericho Turnpike

Mineola, NY 11501-2976 (516) 294-5100

www.mbolegal.com

The Rando Law Firm P. C. 6800 Jericho Turnpike

Suite 120W Syosset, NY 11791

(516) 799-9800 www.randolawfirm.com

Farrell Fritz

1320 RXR Plaza Uniondale, NY 111556

(516) 227-0700 www.farrellfritz.com

Cullen and Dykman LLP

100 Quentin Roosevelt Blvd. Garden City, NY 11530

(516) 357-3700 www.cullenanddykman.com

Lazer, Aptheker, Rosella & Yedid P.C.

Melville Law Center 235 Old Country Road

Melville, NY 11747 (631) 761-0800

www.larypc.com

Trainor, Hawthorne, Cristiano, LLP

124 Front Street Massapequa Park, NY 11762

(516) 541-4200 www.trainorlawoffices.com

Jennifer Rando Cristiano, Esq. 4940 Merrick Road

Massapequa Park, NY 11762 (516) 799-4545

http://www.fedbar.org/chapters/eastern-district-of-new-york-chapter.aspx

About the Federal Bar Associa-tion:

The FBA is dedicated to the ad-vancement of the science of ju-risprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and mem-bers of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Our members include over 16,000 federal practitioners and 900 members of the bench.

The FBA is one of the nation’s foremost voices on behalf of federal practitioners. Whether it is working with an oversight agency on new regulations that could impact federal practice or acting as an advocate on a partic-ular initiative - the FBA advances effective practice before the fed-eral bench. More info about the FBA can be found at www.fedbar.org.

©2014 FBA EDNY Chapter. All Rights

Reserved. The FBA EDNY DIGEST is a

publication of the FBA EDNY Chapter. The

views expressed herein are those of the

authors and do not necessarily reflect the

views of the FBA, the FBA EDNY Chapter,

the Editorial Board, supporters and con-

tributors to the FBA EDNY Digest.