Brooklyn Law Notes - Brooklyn Law School

Brooklyn Law Notes - Brooklyn Law School

Brooklyn Law Notes T H E M AG A Z I N E O F B R O O K LY N L AW S C H O O L | S P R I N G 2 0 1 7 LEGAL DISRUPTORS Graduates paving the way to the fu...

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Brooklyn Law Notes T H E M AG A Z I N E O F B R O O K LY N L AW S C H O O L | S P R I N G 2 0 1 7

LEGAL DISRUPTORS Graduates paving the way to the future of law

Brooklyn Law Notes Vol. 22, No. 1

Dean’s Message

Leading the New World of Law

Editor-in-Chief Clorinda Valenti Director of Communications Managing Editor Kaitlin Ugolik Class Notes Editor Andrea Polci Associate Director of Alumni Relations Faculty Notes Editor John Mackin Public Relations Manager Contributors Dominick DeGaetano Andrea Strong Peggy Swisher Art Director Ron Hester Photographers Ron Hester Will O’Hare Dasha Tanner Joe Vericker Printer Allied Printing Contact us We welcome letters and comments about articles in Brooklyn Law Notes. We will consider reprinting brief submissions in print issues and on our website. tel: 718-780-7966 Email: [email protected] Web: Mailing Address Managing Editor Brooklyn Law Notes 250 Joralemon Street Brooklyn, New York 11201 Connect with us

Brooklyn Law Notes is published semiannually by Brooklyn Law School for alumni, students, faculty, and friends.


n essential truth about Brooklyn Law School graduates is that, as usual, they are not only succeeding in a profession while it changes at lightning speed, they are leading the charge. Driving home this point is The New Yorker magazine’s in-depth feature article in December about the work of Carrie Goldberg ’07, a pioneer at the intersection of the laws dealing with digital and personal privacy. She joins a group of 12 other graduates highlighted in this issue who are blazing new trails in legal fields related to digital and social media, financial compliance, the food industry, public transit, and entrepreneurial endeavors including an Airbnb-style company for boats (see page 28). These pages offer just a small sample of our graduates who are seizing—and creating—new opportunities emerging from the transformation of the jobs marketplace for law degrees. What makes Brooklyn Law School graduates so special, year in year out, and decade after decade? Our graduates have the confidence, ability, and intellectual firepower—the “Brooklyn edge”—that empowers them to excel in traditional areas of law as well as in entirely new and highly competitive fields. No matter where they came from, or what were their circumstances or educational background, or their national, cultural, racial, and religious heritage, our graduates share a common experience:

they work very hard and this effort enables them to wring the most out of outstanding teaching, a stimulating intellectual community of scholars, and unrivaled practical experience. Our graduates gain an education that gives them selfassurance, knowledge, and skills—attributes that are noticed and serve them well throughout their careers. They succeed and lead whether in private practice, government, public service and public interest, or in business. When I speak with graduates around the country they often credit their experience at the Law School for their success. They tell me that they cannot imagine having a stronger law school experience. While this may be the case for graduates of many outstanding law schools in the U.S.—which, after all, produces the finest lawyers in the world—it rings especially true for our graduates. And the benefits of the “Brooklyn edge” continue past graduation because so many stay in touch with our faculty throughout their careers. They also value their dynamic alumni network that connects them with other graduates today, and provided internships, mentoring, and career opportunities when they were students. We are proud of our graduates, and, in turn, want them to be proud of their law school. They are our best ambassadors, and they also are partners in charting our course for the future. We are undoubtedly in the forefront of producing great lawyers, but we are not content with the status quo—we keep moving forward to ensure we have even greater impact. For example, last fall we created the Center for Criminal Justice, placing the Law School at the center of conversations, education, and sharing of expertise on the vital issues and topics in criminal justice law and policy. This spring, we launched the Public Service Law Center, which serves students who aim to work in public service and support intellectual life. We added new clinics, such as the Clemency and Pardon Project, and continue to incubate new start-ups and prepare lawyers for an entrepreneurial world through the Center for Urban Business Entrepreneurship (CUBE) and the annual Business Boot Camp. Talented students are drawn to the Law School by our 2-3-4 J.D. program that allows them to earn their degrees at their own pace. You will read in this issue about the Accelerated J.D. program, whose first graduates are now working in coveted jobs in Big Law, government, and international banking, among other fields (see page 16). Our two-year students are highly motivated and sharply focused on their goals, while taking advantage of the same opportunities as students in the three- and four-year programs. The AJD program was the main reason Robert Engelke ’17, a Princeton graduate who had a successful career as a Wall Street trader, took the leap to enter law school. The career opportunities awaiting Robert and his classmates are breathtaking.

Law matters. That simple but powerful idea—reminding us of Brooklyn Law School’s important mission as a leading center for learning how to use the power of law to good effect—has been brought into sharp relief in recent months. Regardless of where readers may fall on the political spectrum, I think we all can agree that lawyers today are playing a central role in the grand national civics class that we have been called to attend. Certainly, there has been an awakening of appreciation for what lawyers do, not only to safeguard our business and personal interests, but to protect the rights of Americans and of those who wish to come to our country to escape war and tyranny and build a better life. In fact, lawyers are the breakout stars in the early days of this new presidential administration, and our faculty and students are once again leading the charge. Our faculty experts are in demand by media to help make sense of the issues related to executive orders and actions, court decisions, and policy proposals. Professors Stacy Caplow and Maryellen Fullerton created Legal Lunches, a series of “pop-up classes” for the Law School community and the public to examine the president’s actions and executive powers in areas including immigration, financial regulation, tariffs and trade, policing powers, the environment, reproductive rights, LGBTQ issues, and religion. Students and faculty also joined with the Borough President to organize a rally to support immigrants and continue to assist immigrants here in Brooklyn and in other states. It is imperative that our law school continues to forge ahead in bold and innovative ways, because what we do matters— and it matters now more than ever before. While our current, very urgent challenges demand our attention, we also must look ahead to continue to build the law school of the future. We must determine how we attract the best students and provide them with one of the finest legal educations in the nation. We must ensure we have the resources to strengthen the student experience, support world-class teaching and scholarship, and continue robust long-term strategic planning to set goals and deploy our resources in a prudent way—while dreaming big about the future of our school. We have much work to do. With the help, the wisdom, and the leadership of Brooklyn Law School alumni and friends we are unstoppable. Together, we can continue to make the Law School a great and vital institution that is the best of its kind and second-to-none.

Nick Allard Joseph Crea Dean and President

Brooklyn law notes | spring 2017 | • 1


In March, the Law School hosted second graders from P.S. 139 in Brooklyn for a mock trial, Gotham City v. Batman

Features 16  AJD Puts Students a Step Ahead

20 Legal Disruptors

30  Democracy Against Domination

In only its third year, Brooklyn Law School’s Accelerated Two-Year J.D. program is already proving to be the right choice for many students.

Thirteen graduates blazing new trails and paving the way to the future of law.

Professor K. Sabeel Rahman addresses the forces of inequality, power, and progressive politics, and the need for regulatory reform that are taking on greater urgency in the Age of Trump.

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Departments 1

Dean’s Message



 Brooklyn Law School faculty make news, Law School garners accolades, Legal Lunches on presidential powers, and more.


Clinic Update



“ Our graduates are uniquely ready to lead in a profession that is being utterly transformed by technology and a changing social, political, and economic landscape.” — Dean Nick Allard

The Safe Harbor Project helped two refugees obtain asylum, students work to reclaim a widow’s lost life savings.

12 Spotlight on Intellectual Life  The new Public Service Law Center, talks on Attica and fighting domestic violence, a legal writing conference.

53 Alumni Profiles

Professor Arthur Pinto retires, Professor Neil Cohen participates in global lawmaking, Professor Christina Mulligan considers the “Internet of Things,” and more.

 Victor Olds ’77, Chief of Professional Responsibility and Training at the Bronx District Attorney’s Office; Kathleen Warner ’93, architect of the NYC Economic Development Corporation’s LifeSci project; Matthew Tully ’02, fighting for veterans’ rights; and David Porzio ’06, changing the business world with empathy.

45 Alumni Events

62 In Memoriam

48 Q &A: Robert Manne ’77

64 Closing Arguments

 Robert Manne, general counsel and senior vice president at Ultimate Software, shares how embracing serendipity can lead to success at startups.

Professor Heidi K. Brown, director of the Legal Writing Program, on amplifying the voices of introverted law students and lawyers.

34 Faculty Highlights

52 Class Notes

Brooklyn law notes | spring 2017 | • 3



Brooklyn Law School faculty are at the forefront of providing expertise, guidance, and commentary on critical legal challenges of national and international importance. Below are just some of the recent examples of faculty in the news.

 lmost single-handedly, President A Trump has made lawyers the breakout stars in the early days of his new administration.”

Dean Nick Allard Op-ed in The Hill: An Unexpected Trump Effect: Lawyer as Hero

f you reduce the “Ifederal government’s

role in the housing markets, you’re going to reduce the likelihood of future bailouts by taxpayers. That’s the trade-off.”

Prof. David Reiss in the Christian Science Monitor: What Does President Trump Really Mean for Mortgage Rates?

ince 1980 more than 3 million “Srefugees have been resettled in

the U.S., and we haven’t had major security problems. It’s very much in the best interests of the U.S. that we continue this program in some way.”

 rof. Maryellen Fullerton on BBC News: P World Have Your Say and Newshour

oo often court “Topinions rely on the

premise that criminal justice is race-blind, and today’s opinion acknowledges that racism in criminal justice” can “include longstanding and widespread stereotypes and prejudices.” Prof. Jocelyn Simonson in Bloomberg Law: Racial Testimony Means Second Chance for Death Row Inmate

axes, as every grade schooler knows, “Tfueled the colonies’ push for independence.

So [the founders] wrote the Constitution, and its Origination Clause, to give the taxing power to the part of government that is closest to the people, thereby protecting against arbitrary and onerous taxation.”

Prof. Rebecca Kysar Op-ed in The New York Times: Is Trump’s Tariff Plan Constitutional?

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hey’re confronting a “Tnew digital world order in which their reliable revenue streams may be shrinking.”

Prof. Jodi Balsam on CBS News: Why Pro Sports are Rethinking Bans on Betting

this system “Utosing show mercy and

compassion would not only help the individual but also benefit the family and community they would be forced to abandon if deported.”

 rof. Stacy Caplow's Op-ed in P the Miami Herald: Executive Pardons Would Help Now Law-abiding Immigrants Achieve Justice


Brooklyn a Top School for Music Lawyers

Billboard named Peter Brodsky ’90 and Allen Grubman ’67 to its roster of the “Top Music Lawyers 2016.”

brooklyn Law School is known for graduating entertainment lawyers who make a big impact in the music industry. The accolades speak for themselves. The Law School was named one of 2016’s “Top Law Schools of Top Music Lawyers” by Billboard magazine. Billboard also named Peter Brodsky ’90 and Allen Grubman ’67 to its roster of the “Top Music Lawyers 2016.” Brodsky is the executive vice president of business and legal affairs at Sony/ATV Music Publishing. He has recently been working with the regulatory agencies that will decide whether to approve Sony’s acquisition of the Michael Jackson estate’s share of Sony/ATV. He is also focusing on getting higher rates for Sony/ATV writers from streaming music services. Grubman is a senior partner of Grubman Shire & Meiselas, the largest entertainment law firm in the U.S., with megastar clients that include Madonna, Bruce Springsteen, Robert DeNiro, and LeBron James. Grubman is currently advising Spotify amid the debate over digital music. He helped the company close its largest round of financing ever, securing $1 billion in capital. “The streaming companies will do well, record companies will do well, artists will do well,” he said.

Grubman also has been recognized as the “music industry’s most powerful lawyer” by Vanity Fair and one of the top 100 most powerful entertainment attorneys by The Hollywood Reporter. Martin Bandier ’65 , chairman and CEO of Sony/ATV Music Publishing, has also made his mark on the music business. He was honored with the Recording Academy’s President’s Merit Award last year. Charles Ortner ’71 was reappointed to the Board of Trustees of the John F. Kennedy Center for the Performing Arts in September. He has represented many iconic recording artists, songwriters, and record producers, including Lady Gaga, Madonna, and U2, and is the National Legal Counsel to the National Academy of Recording Arts & Sciences. The Law School was recently featured on an episode of BET’s “Music Moguls” series, which highlighted a guest lecture by Cash Money Records cofounders Bryan “Birdman” Williams and Ronald “Slim” Williams to the Entertainment Law course co-taught by Professor Vernon J. Brown , chairman and CEO of V. Brown & Company. Brown, who has been the attorney for the Williams brothers for 20 years.

Brooklyn Takes Top Honors at Price Media Law Competition at Oxford Of the 41 schools competing from around the world in the Price Media Law Moot Court Competition in Oxford, England, this April, Brooklyn Law School’s Team took the top prize for Best Memorial, or best written brief. Pictured here are the team (left to right), Erin Callihan ’19, Jaime Freilich ’18 , Elyssa Abuhoff ’18 , and Craig McAllister ’18. Monroe E. Price founded the Program in Comparative Law and Policy at Oxford University and the Price Competition is named in his honor. The team was coached by Sebastian Asaro ’17, Sung (Jimmy) Kang ’17, Taylor Lietz ’17, and Shieva Salehnia ’17.

Brooklyn law notes | spring 2017 | • 5


Constitutional Law Faculty Discuss the State of SCOTUS

Professors William Araiza, Susan Herman, and Joel Gora previewed the 2016-17 SCOTUS term.

Professor Gora delivered what he called a “eulogy” for the Roberts Court, which he called “the most First Amendment-friendly Court in history.”

in October, Brooklyn Law School hosted a panel discussion with members of its constitutional law faculty who previewed the current term of the United States Supreme Court. They shared their thoughts on the cases that the Court will consider this term as well as their insights about the future of the Court. The panel was part of the Law School’s annual celebration of Constitution Day. Introducing the panel, Dean Allard noted that the conversation was happening against the backdrop of a tumultuous election that had raised the question of what we mean by the phrase, “we the people.” Professor Joel Gora delivered what he called a “eulogy” for the Roberts Court, which he called “the most First

Amendment-friendly Court in history.” He lamented the pushback the Court has received for its decision in the Citizens United case, calling that decision “heroic” for its protection of free speech. Vice Dean William Araiza spoke about the case Lee v. Tam, which questions whether the U.S. Patent Office can refuse to register a trademark, in this case for the name of a rock band, the Slants, because it is thought to be disparaging. Araiza showed that the case is about much more than patent law, as it calls into question what constitutes commercial speech, what is government speech, and where the line to censorship is crossed. “Query whether the government can decide what is disparaging or not,” he said. Professor Susan Herman , who is president of the American Civil Liberties Union, focused on the Turkmen cases before the Court, which concern requests for redress for inhumane treatment of people detained for immigration violations in the wake of the attacks of Sept. 11, 2001. “They were treated as if they were terrorists,” Herman said. “Not one has gotten a hearing on the merits.” Instead, courts have declined to hear the cases for procedural reasons. There was some healthy debate among the panelists, but they all agreed that Justice Ruth Bader Ginsburg had made a mistake when, earlier in 2016, she publicly disparaged then candidate Donald Trump.

Free Speech Conference Named Best of 2016 Brooklyn Law School’s symposium “Free Speech Under Fire: The Future of the First Amendment” has been named the best scholarly conference of 2016 by First Amendment blog Concurring Opinions in its annual “Best of” year-in-review list. The symposium, held in February 2016, welcomed distinguished scholars and commentators to the Law School for panel discussions on hate speech, money and speech, corporate and commercial speech, surveillance and speech,

and the future of free speech at large. The event was sponsored by the Journal of Law and Policy, and the articles will appear in a volume later this year. “For free speech, it is the best of times and it is the worst of times,” said Professor Joel Gora , a nationally recognized expert on the First Amendment and campaign finance law. “It is imperative that the Supreme Court continues to make it quite clear that free speech must be the

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rule and government censorship the rare exception.” Brooklyn Law School faculty who took part in the free speech symposium included Dean Nick Allard, Professors William Araiza, Miriam H. Baer, Susan N. Herman, Beryl Jones-Woodin, K. Sabeel Rahman, Andrew P. Napolitano, and Nelson W. Tebbe.



Luminaries of the Law In November, Brooklyn Law School’s Latin American Law Students Association (LALSA) cosponsored an exclusive showing of Luminarias de la Ley: An Exhibit of the First Latina Lawyers, an original research project by University of Denver Visiting Scholar Dolores S. Atencio, among whose subjects was Irma Vidal Santaella ’61. The exhibit and reception were cosponsored by Pacheco & Lugo; the Hispanic National Bar Association; the Puerto Rican Bar Association; the Dominican Bar Association; Brooklyn Law School; and Adjunct Professor Diana Sen. S  tephanie Robayo ’17 and Jose Andres Jaime ’17, vice president and president of LALSA, respectively

Chief Judge Honored by IALSA The Italian American Law Students Association (IALSA) honored Janet DiFiore, chief judge of the State of New York, and seven other prominent Italian American jurists at its 2016 holiday gala at the Law School in December. Joseph Caldarera ’17, president of IALSA, organized the event, at which he spoke of the achievements many Italian Americans have made in the legal field thanks in part to the hard work of their immigrant ancestors.

Chief Judge Janet DiFiore (center) surrounded by the executive board of IALSA and Dean Nick Allard (far right).

Brooklyn law notes | spring 2017 | • 7

News | in the community

Law School Launches Discussion Series on Presidential Powers “ These politicized times present a profound challenge to the rule of law. They also present an important teaching opportunity for the Brooklyn faculty.” — Prof. Maryellen Fullerton

On Feb. 15, Brooklyn Law School launched Legal Lunches, a series of talks for the Law School community and the public about the critical legal issues arising under the current presidential administration. Vice Dean William Araiza and Professor K. Sabeel Rahman kicked off the series with their presentation “Executive Power: Orders, Appointments, and Regulations.” They explained the scope of executive power, which is delegated to the president by Article II of the Constitution and by statutes through the legislative branch, and outlined the external and administrative limits on that power. They also discussed the typical informal and formal practices for vetting executive orders, noting that the current president has changed many of those long-standing norms. Rahman listed several areas in which he expects debate, tension, and possibly litigation to arise in the near future: the state of judicial review of agencies that fail to act on changed regulations, the principle that agencies must follow their own regulations, and what counts as a substantive change of law requiring a comment period. “The executive’s power is incredibly broad, and he has lots of discretion,” Rahman said. “But remember that case law is a product of crisis. We may well see a lot of new law that changes the executive’s power and how that office functions.” Among the questions from the audience was a query about how current laws may apply to many of the president’s unorthodox, informal operations. “To the extent that things happen informally, via tweets or in-person visits, and that’s how policy is made, formal rulemaking doesn’t apply,” said Araiza. “To the extent that administration

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happens informally, there will have to be new informal mechanisms for transparency.” The Legal Lunches series was created by Professors Stacy Caplow and Maryellen Fullerton . “These politicized times present a profound challenge to the rule of law. They also present an important teaching opportunity for the Brooklyn faculty,” said Fullerton. Caplow added: “In our community outreach we’ve learned that many people in Brooklyn don’t know what their rights are. They’re grateful for the chance to ask how the law applies to the rumors they’ve been hearing.” The second Legal Lunch took place on Feb. 23, with Professor Nelson Tebbe and Professor Susan Herman , president of the American Civil Liberties Union, discussing the implications of the Muslim ban on laws preventing discrimination based on religion. Tebbe explained the various different legal questions at play, and the potential next steps as the courts worked on determining the merits of the ban and the administration drafted a replacement. Herman described the role of the ACLU, the role of existing case law, and the potential for new case law to be created as a result of these executive orders. After Spring Break, the Legal Lunches series resumed with talks focused on gender and reproductive rights, LGBTQ issues, climate change and the environment, the Affordable Care Act and health policy, Dodd-Frank, and more.


Photo: Rob Abruzzese, Brooklyn Daily Eagle

Professors Maryellen Fullerton, Stacy Caplow, and Dan Smulian answer questions about presidential powers during the Legal Lunch on immigration policy.

in the community | News

Brooklyn Stands Together A group of Brooklyn Law School students organized a rally and march in Downtown Brooklyn in February in support of the borough’s many immigrants and refugees. The event, “Brooklyn Stands Together,” drew several hundred attendees and local elected officials, including Borough President Eric Adams and Public Advocate Letitia James, despite frigid conditions. Members of the Law School community and others from the neighborhood gathered at Borough Hall where Dean Nick Allard led the crowd in reciting the Brooklyn Pledge, written by the student organizers, in which they promised to stand together to defend the Constitution and stand up for all Brooklynites.


100 Years of Brooklyn Zoning

Image: Showtime

The Law School cosponsored a daylong conference, “The Next 100 Years of Brooklyn Zoning,” in partnership with the New York City Council and the Brooklyn Chamber of Commerce in December. At the conference, which drew several hundred local government and real estate leaders, Deputy Mayor Alicia Glen, whose husband is Daniel Rayner ’94 and whose father, Jeffrey Glen, taught as an adjunct at the Law School, spoke about Brooklyn’s role in making New York City a hub for smart growth. Brooklyn Borough President Eric Adams emphasized the importance of the people and communities affected by zoning decisions. “Sometimes we speak about zoning in an echo chamber, but this is about families and communities,” he said.

On Location The Law School served as the set for several film and television productions in recent months, including an upcoming movie starring Melissa McCarthy, and TV series Madam Secretary, The Daily Show, and Homeland, starring Claire Danes, whose brother is Asa Danes ’01 , an associate at Seeger Weiss. Brooklyn Borough President Eric Adams

Deputy Mayor Alicia Glen

Brooklyn law notes | spring 2017 | • 9

student News

Students Assist Asylum Seekers in Texas Immigration Proceedings In early January, on their third day at the Karnes County Residential Center—an immigrant detention center for women and children in Karnes City, TX—Marvin España ’18 and Martyna Kaznowski ’18 were pulled into a last-minute appeal. A mother had just been denied an opportunity to apply for asylum while her children had been approved. The children were scheduled to leave the detention center the next day, and the students had less than 30 minutes to conduct research before a judge would decide the family’s fate. The judge vacated the denial of the woman’s application, and España, Kaznowski, and four other Brooklyn Law School students—Paola Rivera Chaves ’18, Shelby Anderson ’19, Andrea Scheer ’19, and Gabriella Giunta ’19 —had just a few minutes to celebrate before moving on to the next case. Thanks to sponsorship from the Public Service Law Center, six students spent part of winter break in Texas learning the ropes of working with refugees. The students worked with 97 clients over the course of three days at Karnes under the supervision of attorneys from the Refugee and Immigrant Center for Education and Legal Services (RAICES). España reached out to the San Antonio-based nonprofit last fall as part of an effort to revive the Law School’s Immigration Court Observation Project. “Part of the goal of this trip was to get to the front lines where this is actually happening,” España said. The students’ main project was to prepare asylum seekers for their “credible fear interviews.” Detained refugees must pass this interview before moving on to the next step to apply for asylum. Many detainees enter those interviews unaware that they must

Marvin España ’18, Paola Rivera Chaves ’18, and Martyna Kaznowski ’18 at the Karnes County Residential Center in Karnes City, TX

convincingly establish that they had credible fears of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. RAICES works with the detainees to help them highlight the most important parts of their stories. As part of this effort, students from the Law School asked the detainees questions—in English and Spanish—to tease out details that might be helpful to their applications for asylum. The students said the experience was “intense” and “fast-paced,” as well as a great introduction to the value of client services in immigration law. España and Kaznowski hope to return to the Karnes Center with an even larger group of students this summer.

Students Take the Thomson Reuters Challenge Nineteen Brooklyn Law School students were among the teams from five law schools across the country who participated in the Thomson Reuters Product Design Challenge, an intensive one-day event in November intended to cultivate ideas and identify emerging young talent who can serve as advisors for future product development. The Law School’s participation in the challenge was sponsored by the Center for Urban Business Entrepreneurship (CUBE). “In addition to training law students to ‘think like lawyers,’ we are committed to teaching our students to understand the ethos and processes of the 21stcentury entrepreneurs they will represent and, perhaps, even become themselves,” said Professor Jonathan Askin, who coordinated with the student groups for the challenge.

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CLINIC update

Safe Harbor Project Scores Asylum Victories

Corporate and Real Estate Clinic: Deals Worth Millions

Last fall, Brooklyn Law School’s Safe Harbor Project received some good news about a longstanding asylum case that had been in limbo because of significant immigration backlogs. Under the supervision of Professor Dan Smulian, Kyla Burke-Lazarus ’17, Travis Marmara ’17, and Charli Cleland ’16 worked to resolve an asylum application for a Central American client and her children. The group had been working since fall 2015 on the case, in which the client had fled from domestic violence perpetrated by the father of her children. She had been very frightened by the prospect of being questioned in immigration court, but the students produced a package of evidence and briefs that helped the process go more smoothly. In another case involving the clinic, a prominent anti-Vladimir Putin dissident who had fled Russia after being jailed in a bogus criminal proceeding received a recommended grant of asylum in December. The client was a blogger who frequently wrote about corruption in the Putin regime, making him a target for retaliation by the government. After he and his wife arrived in the United States, his longtime mentor was assassinated near the Kremlin in a highly publicized crime. Binyamin Bindet ’16, Suzanna Talbot ’17, and Tanvee Trehan ’17 spent the fall 2015 semester preparing supporting materials, including hours of the client’s YouTube recordings, in support of his application for asylum. Ayshe Mazinova, LL.M. ’16 also worked on the case as an interpreter.

Eight students in the Corporate and Real Estate Clinic closed loans totaling $1.75 million during the fall 2016 semester. The money was used to pay real estate taxes, water and sewer charges, and various liens to financially stabilize 10 low-income cooperative buildings with more than 100 units of affordable housing. Under the supervision of Professor Debra Bechtel, eight students obtained consents and subordinations from city agencies. This required them to negotiate loan documents with the lender attorney, gather and review leases and corporate documents, resolve title issues, draft opinion letters, and meet with clients to explain the process.

Securities Arbitration Clinic Takes On New Cases Nine students in the Securities Arbitration Clinic, supervised by Labaton Sucharow partners Mark Arisohn and Joel Bernstein ’75 , are working to help a retired widow reclaim her life savings. The woman lost her money when she withdrew funds to invest with a scammer she met on a dating website. The students handling that case are exploring potential claims that can be brought against the financial advisors who held the elderly client’s IRA funds. Other current cases include an unauthorized bond sale; improper use of margin lending; and improper liquidation of a client’s account.

“I think the students were very motivated by the feeling that, in some cases, they would save a lowincome co-op from foreclosure.”

For one 48-unit building in Manhattan, the Clinic’s financial analysis led the board to realize that their $900,000 loan would not be enough to pay tax arrears amassed by the prior board leaders and make façade repairs. Akeem Benn ’18 and Matthew Mummert ’18 negotiated a water tax reduction arrangement and an escrow agreement with the title company and — Prof. Deborah Bechtel delayed the closing so the co-op could sell a unit to access additional funds. In addition to their own loan closing, Alissa Cardillo ’17 and Sebastian Polawski ’17 completed a unit closing that allowed a disabled shareholder to move to a lower floor in the building and obtain a loan to pay for the larger apartment over time. “I think the students were very motivated by the feeling that, in some cases, they would save a low-income co-op from foreclosure. At the same time, they learned a tremendous amount about the role of borrower’s counsel negotiating and drafting loan documents and expediting and guiding clients through the closing process,” said Bechtel. above: (standing) Sebastian Polawski ’17, Charles Huynh ’17, Ana Mikaleyan ’18, Simone Grey ’18, (seated) Charles Franchini ’17, Alissa Cardillo ’17, Matthew Mummert ’18, and Akeem Benn ’18

Brooklyn law notes | spring 2017 | • 11


IBL Roundtable Features Right Hon. Lord Dyson

The Right Hon. Lord John Dyson was the featured speaker at the International Business Law Breakfast Roundtable: “Controlling the Complexity and Cost of Civil Litigation: A View from a British Judge,” sponsored by the Dennis J. Block Center for the Study of International Business Law, on Nov. 30, as part of a several-day visit with the Law School. Dyson recently retired from his position as master of the

rolls, the second most senior judicial position in England and Wales. Roberta Karmel, Centennial Professor of Law and cofounder and codirector of the Block Center, introduced Dyson to the audience of students, alumni, and faculty. She commended his work to improve access to justice and to address the challenges of civil procedure in England and Wales. Dyson, who has been a vocal opponent of cuts to legal aid and increased court fees, served as the presiding officer of the Civil Division of the Court of Appeals and head of Civil Justice. He said the biggest hurdle to justice he witnessed during his time in that office was the cost of civil litigation, especially the expenses related to discovery. Judges typically leave matters of discovery up to the parties, Dyson said, which often leads to a lengthy and expensive process that prioritizes the party with the most resources. An entire new industry focused on cost law

has sprung up in response to this system, which Dyson called a “Rolls-Royce” process in dire need of change. He proposes giving judges the authority to limit disclosure to particular issues. Several attempts have been made to reform the system in recent decades, but success has been elusive. Dyson lamented that efforts to limit litigators to standard disclosure, and the implementation of a range of different possible forms of disclosure, have both achieved the same result: “The courts and litigators continued as before.” “Changing culture takes time and consistent, sustained effort, but it can be achieved,” he said. The following evening, Karmel moderated a panel with Dyson, Hon. Claire R. Kelly ’93 of the U.S. Court of International Trade, Hon. Jed S. Rakoff of the Southern District of New York, and Professor Maryellen Fullerton, followed by a reception.

Legal Writing Conference Focuses on Championing Differences

Prof. Rahman’s New Book Generates Discussion on Economic Inequality

In December, the Law School hosted the Legal Writing Institute’s conference, “Championing Difference and Inclusion in the Law Classroom and Beyond,” led by Professor Heidi K. Brown , director of Legal Writing. Sessions included instruction on how to introduce cultural awareness, diverse clients, and diversity issues in the legal writing classroom, and how to foster resilience and belonging among marginalized law students.

Professor K. Sabeel Rahman celebrated the launch of his new book, Democracy Against Domination (Oxford University Press 2016), with a panel discussion at Brooklyn Law School on Oct. 25. The discussion, like the book itself, tackled important questions about addressing economic inequality in the United States and the future of American politics. (See essay on page 30.)

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The Law School Launches Public Service Law Center

Center for Criminal Justice Features Author of Book on Attica Uprising

Brooklyn Law School has announced the launch of the Public Service Law Center, a hub for its public service community. The Center serves students who aim to work in public service through counseling, community events, pro bono projects, and supporting intellectual life. “The creation of the Public Service Law Center recognizes our distinctive history of supporting public service lawyers,” said Danielle Sorken, director of the center. “We look forward to the next phase of building an even stronger public service community.” The center launched officially at the annual Public Service Awards on March 28. Attorneys Dean Strang and Jerry Buting, who were featured in the Netflix documentary series “Making a Murderer,” “We look were the keynote forward to the speakers. Among the next phase of activities supported building an by the center are 28 even stronger ongoing pro bono projects; counselpublic service ing for students on community.” internships; clinics and fellowships; and — Danielle Sorken student programming. The Center will help foster community and intellectual life, offering skill-building programs, panels, reading groups, and workshops, as well as liaising with community partners throughout New York City. Two academic courses—the Introduction to Public Interest Lawyering seminar and the Pro Bono Scholars Program seminar—will be taught by the Center’s director Danielle Sorken, associate director Jacqueline Cheney, and its faculty adviser Professor Dan Smulian . “The center’s name and mission aptly reflect the continued support of public service and social justice endeavors at the Law School,” said Dean Nick Allard. “Throughout its long history, the Center has inspired our students as they build their careers in the worlds of public service and public interest.”

Heather Ann Thompson, professor of history at the University of Michigan and author of the Pulitzer Prizewinning book Blood in the Water: The Attica Prison Uprising of 1971 and its Legacy, was the featured speaker on a panel at the Law School in November on the legacy of the riot and the current state of New York’s prison system. The event was sponsored by the new Center for Criminal Justice. After an introduction by codirector of the Center and Professor Jocelyn Simonson , Thompson gave an overview of the riots at Attica and the many lawsuits and reform efforts that followed in the decades afterward. The riots, which began as prisoners protested inhumane treatment at the upstate New York facility and ended as state troopers opened fire on the crowd, resulted in the deaths of 10 guards and 29 prisoners. Thompson’s 13 years of research shed new light on the events, highlighting the legal methods and media outreach used by prisoners and their representatives to make their case to the government and the public, as well as the legacy of lawsuits, trauma, and ongoing efforts to reform conditions at the prison. “After the retaking of the prison came the torture,” she said, describing continuing allegations of abuse at Attica as laid out in class action lawsuits in the 1970s, 1980s, and 1990s. “The same things are happening today in Florida, Alabama, and Michigan, but people are not beating down doors,” Thompson said. “We have to shine a light on this.” The panel also included Tyrrell Muhammad and Jack Beck from the Correctional Association of New York’s Prison Visiting Project. Both emphasized the significance of the Attica riots to the lives of current inmates at the prison, where allegations of racism and violence still abound. “There is abuse under the guise of preventing another Attica [riot],” said Muhammad, who was incarcerated for nearly 27 years in New York state prisons, including one year at Attica in the 1980s. Today, he visits prisons, including Attica, to gather stories from incarcerated people, and helps formerly incarcerated men and women find employment. “No one would believe the stories if these men told them themselves,” he said, inviting members of the Law School community to join one of the Correctional Association of New York’s coalitions. Beck concluded the discussion with a prescription for ending the cycle of prison abuse: acknowledge the role that racism plays, address the needs of elderly and mentally ill inmates, and, finally: “Close Attica.”


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Preventing Domestic Violence Hon. John M. Leventhal ’79, Associate Justice of the Appellate Division, Second Judicial Department, returned to Brooklyn Law School in November for a presentation and discussion with Professor Liz Schneider about the current domestic violence crisis. Leventhal, author of the book My Partner, My Enemy: An Unflinching View of Domestic Violence and New Ways to Protect Victims, presided over the first felony domestic violence court in the nation. “Between 1994 and 2010, domestic violence abated somewhat because women now have available to them shelters, orders of protection, civil and criminal prosecutions, and the fact that this is no longer a private matter, or simply a women’s issue,” Leventhal said. One of the most difficult parts of working in domestic violence law is ensuring the safety of complainants, according to Leventhal. “It always felt like we were a heartbeat away from tragedy,” he said. The domestic violence court developed a program that focused on protecting complainants while keeping the number of dismissals down. It was a difficult job, Leventhal said, and he never became immune to the harrowing stories of abuse and graphic photos of injuries.

Schneider, the Rose L. Hoffer Professor of Law, director of the Edward V. Sparer Public Interest Law Fellowship Program, and a nationally recognized scholar in women’s rights, domestic violence, and feminist legal theory, is the author of Battered Women and Feminist Lawmaking. She urged everyone to get more involved in preventing domestic violence. “I would like to see a more public response on the part of both men and women on domestic violence,” she said. “It’s especially critical for men to say, ‘We regret the vision we have been given about violence against women,’ to march, and to take a moment and say ‘this is not us,’” she said. Looking ahead, Leventhal said the legal system needs to rethink its definition of the crime to include different types of relationships and circumstances. He mentioned Australia’s National Domestic Violence Registry and a program in Israel that provides rehabilitative housing for abusers—instead of encouraging the abused to uproot their own lives—as useful models. Leventhal is a frequent lecturer on evidence, domestic violence, elder abuse, guardianship, and other topics. He was a recipient of the Alumni of the Year award from the Brooklyn Law School Alumni Association in 2008.

Girl Walks Out of a Bar The Center for Law, Language and Cognition hosted the roundtable “Addressing Substance Abuse in the Legal Profession: We Are All Responsible” in September. The panel was moderated by Professor Lawrence Solan, director of the Center (pictured, standing), and featured Lisa Smith, deputy executive director and director of client relations at Patterson Belknap Webb Tyler, and psychoanalyst Jill Choder-Goldman. Smith read from her book, Girl Walks Out of a Bar: A Memoir, which details her personal journey with alcohol abuse during her early years as an attorney. Choder-Goldman discussed the prevalence of substance abuse in the legal profession. The ABA estimates that 50 to 60 percent of all disciplinary actions involving lawyers are motivated by some type of substance abuse problem. Choder-Goldman reminded attendees that most law firms have dedicated programs or helplines should they need assistance.

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Hon. John M. Leventhal ’79 signs copies of his book.


Professor Liz Schneider, national expert on domestic violence and feminist legal theory


Young Bankruptcy Scholars Brooklyn Law School’s Center for the Study of Business Law and Regulation and the American Bankruptcy Institute cosponsored the Young Bankruptcy Scholars’ Work-in-Progress Workshop at the Law School on Nov. 21 and 22. Organized by Professor Edward Janger, codirector of the Center, the annual workshop brought together promising young scholars in the areas of bankruptcy, commercial law, and consumer financial protection to present their work before leading national bankruptcy scholars. P  rof. Edward Janger (standing) with workshop participants

The Future of Big Data and the Law Focus of CUBE Panel

L–R: Dimitri Nemirovsky ’00, Rachel F. Strom, Dana V. Syracuse ’04, and Professor Christina Mulligan

On Oct. 19, the Center for Urban Business Entrepreneurship (CUBE) held a panel discussion—“What’s the Big Deal with Big Data?”—that explored the legal and policy challenges facing technology startups. Sponsored by Ultimate Software Group founder Robert J. Manne ’77 (see page 48) and Grace N. Manne and moderated by Professor Christina Mulligan, the panel touched on the privacy implications of gathering large amounts of data and the potential game-changing impact of blockchain, a distributed database of transactions or information transfers that cannot be altered, only amended. The panel included Solon Barocas, postdoctoral researcher at Microsoft Research’s New York City Lab; Dimitri Nemirovsky ’00, cofounder of Reyhani Nemirovsky and Vida Identity; Rachel F. Strom, a partner with Levine Sullivan Koch & Schulz; and Dana V. Syracuse ’04 , senior counsel at Perkins Coie.

The panelists agreed that so much change is happening in the world of data collection and security that lawyers who choose to work with any company that touches data will face many challenges. “People are preoccupied with the size and scope of data, but there is a shift in interest to the tools we use to make that data useful,” said Barocas. “This is a new area of policy distinct from privacy and security, and there’s a thirst for meaningful advice on these issues.” Barocas discussed his research on how data might be able to answer questions about bias, discrimination, and fairness. There is enthusiasm that using artificial intelligence for such tasks as making hiring decisions might stem bias, he said, but gathering the amount of data that would be needed for such an operation can be expensive and create its own ethical problems. Nemirovsky said his company hopes to use blockchain to transform the way people think about identity. Blockchain is most commonly known for facilitating the use of the cryptocurrency Bitcoin, but it also could allow people to access and share information about themselves securely without relinquishing control of it to third parties. “From a legal standpoint, a lot of use cases for blockchain are only now coming to light,” Nemirovsky said. Strom, whose firm represents media clients, including Gawker Media in Hulk Hogan’s invasion of privacy case, emphasized the importance of data-savvy attorneys in the current landscape. She advised the Guardian on its Edward Snowden data dump and several publications on coverage of the Sony and Ashley Madison hacks. Syracuse explained the value that blockchain innovations will have for healthcare data companies. The law is still adapting to this new phenomenon, he said, but “there is ample law that exists for many use cases that we can look to for guidance.” video:

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2-Year J.D.

Puts Students

a Step Ahead AJD students enjoy all the Law School has to offer while completing a degree in 24 months By Kaitlin Ugolik

In only its third year, Brooklyn Law School’s Accelerated TwoYear J.D. program is already proving to be a success, as evidenced by the students who are excelling in academics, externships, summer associate positions, full-time jobs at prestigious firms, in coveted government and other public service positions, and in business. One of only a handful of similar programs in the nation, the AJD launched in 2014 and is among the most recent innovations at the Law School.

The AJD allows students to earn their degree and enter the job market on a fast track, while taking advantage of the Law School’s broad programs and numerous opportunities. It’s a concept that was strongly endorsed by then president Barack Obama, who said in 2013, “I believe that law schools would probably be wise to think about being two years instead of three years.” The AJD has answered that call, quickly becoming an appealing option for students who wish to earn a J.D. in an intensive 24-month program. Flexibility in earning a J.D. is nothing new at Brooklyn; the Law School has long offered a four-year degree program that enables students to continue working full time while taking classes at night. If traditional students find they need a bit more time to earn their J.D., they can extend their curriculum to three and a half years or four years, and even some of those on the two-year fast track have chosen to extend their time to complete their degree. “The Law School has a real focus on flexibility, and on students being able to create the curriculum that works for them, including the amount of time they need to earn their J.D.,” said Vice Dean and Professor William Araiza. “Having a two-year program is an extension of that focus on flexibility.” Prospective students who are mid-career, hold an advanced degree in another subject, or are recent college graduates with a definite idea of how they would like to use a law degree are all prime candidates for the AJD. The curriculum begins in May with a session that includes three critical first-year classes: Torts, Criminal Law, and Professional Responsibility. After their first summer of intensive courses, they join new first-year students in classes in the fall

semester. There are also short intensive sessions in January and May and summer externships that help students reach the 85-credit threshold required for graduation. The AJD students can take advantage of all the same academic opportunities as three- and four-year students. The first class of AJD students graduated last May and today they are working as associates at large and mid-size law firms; in public sector jobs, including assistant district attorney and New York City law department positions; and in financial compliance for international banking, among other positions. William Meehan ’16 spent almost 10 years at financial media company Minyanville Media before deciding to make a career change, spurred largely by the option of finishing a legal education in two years. “That was the thing that made me consider going to law school. I didn’t even apply to other places,” said Meehan, who is now an associate at Akin Gump Strauss Hauer & Feld. At the time, his wife, Alicia Brooks Meehan ’07, was working at the Law School in the admissions department; she alerted him to the new program. A vague idea about someday going to law school suddenly turned into a plan. Meehan did his externship in Nielsen’s in-house commercial transactions group and spent time during his second year working with the Brooklyn Law Incubator & Policy Clinic (BLIP). He ultimately leveraged his experience working on a website and newsletters geared toward the financial markets to earn a spot in Akin Gump’s funds group. “While interviewing, [the AJD program] was a big focus; people wanted to know more about it, and they were impressed by it,” he said. “It shows that you are a hard worker and not afraid of a challenge.”

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Meehan took the customization a bit further when his wife accepted a job at Boston University. He attended the school as a visiting student for his final semester and was able to transfer the credits to Brooklyn Law School to meet his degree requirements. “Brooklyn Law School was great in terms of ironing out certain issues that may not have been anticipated,” he said. “I ultimately ended up at the place in my career where I would have hoped.” Dr. Guy Regev ’16 was a physician prior to joining the first AJD class. Coming from a family of attorneys and physicians, he said he chose to marry the two careers to fully honor the Hippocratic Oath, in which physicians promise to keep the sick from both harm and injustice. In his training, Regev realized the toll that medical malpractice often takes on patients and saw a need for more attorneys who truly understand both medicine and the law. “The reason I went to law school is the same reason I went to medical school: I believe that helping those who are in need is the most gratifying action a human can take,” Regev said. Regev credits his current position as an associate in the medical malpractice law firm of Gary A. Zucker & Associates to the Law School’s externship program. Despite completing their academic requirements on a compressed schedule, AJD students are still able— and, in fact, strongly encouraged—to take an externship during their second summer to meet the Law School’s experiential credit requirements and get a better sense of what they want to do with their degree after graduating. “Because of the two-year program, I could get involved with things at the firm early on, and now I am rapidly gaining experience as a trial lawyer,” Regev said, adding that he already has performed complex depositions and other litigation work that attorneys typically don’t do until they are further into their careers. “Guy is a successful doctor and obviously had the work ethic to accomplish all of this work in two years,” said Araiza, who oversees the program’s curriculum. “The AJD students are ambitious, they’re hardworking, and they’ve proven that they can do a lot of work in a short amount of time—these are the people who are succeeding in the program.”

“The reason I went to law school is the same reason I went to medical school: I believe that helping those who are in need is the most gratifying action a human can take.” —Dr. Guy Regev ’16

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The AJD program isn’t only for people with career experience. Julia Harvey ’16 had recently graduated from Fairfield University with a bachelor’s degree in philosophy (which she also completed on an accelerated track) before coming to the Law School. “The two-year program is made for students who know exactly why they are pursuing a law degree and what they are going to do with it,” she said. While at the Law School, Harvey participated in the Immigration Clinic at the Assistant U.S. Attorney’s Office in the Eastern District of New York with Adjunct Professor Scott Dunn, who she says helped reinforce her commitment to becoming a public-sector lawyer. She also was a member of the Brooklyn Journal of Corporate, Financial, and Commercial Law. She was ecstatic to get an offer from the New York City Law Department, which she joined in September as assistant corporation counsel. Harvey is already writing motions, holding discovery conferences with adversaries, responding to discovery demands, and serving as a second chair during trials. “I absolutely love what I do,” she said, adding that she believes any student can excel in the program if he or she employs good time management and prioritization skills.

A Fast Track with Flexible Options

As the experience of the first class of AJDs bears out, flexibility is the watchword for the program, as it adapts to the students’ needs and recommendations. For example, students found they could handle more coursework in their first summer, and adjustments were made. This year for the first time AJD students also will be able to take electives during their first year, and they will be eligible for the Law School’s summer abroad programs. Claire Wasserman ’18 said she has benefited from changes to the curriculum. Wasserman came to the Law School after eight years in the music and technology industries, ready to dive headlong into a legal education that would get her closer to working in public service law. “It was really around my 30th birthday, after I moved back to New York from San Francisco, that I started reevaluating and thinking about what I wanted to do with my life, and I wanted to go to law school,” she said. “I was impatient. I wanted the degree and knew what I wanted to be doing.” She set out in search of an accelerated program, and ultimately it was the Law School’s affiliation with the Exoneration Initiative through the BLS/EXI Innocence Clinic that helped to cement her decision.

“The Law School has a real focus on flexibility, and on students being able to create the curriculum that works for them, including the amount of time they need to earn their J.D.” —Vice Dean Araiza The pace has been intense. “The no-break thing is real,” she said of the year-round schedule. “It’s very much like a job.” Wasserman is serving as a research assistant to Professor Anita Bernstein and working on two pro bono projects: one at the New York Supreme Court’s Center Help Center for Unrepresented Persons and one with the National Lawyers Guild’s Prison Law Project. “My experience in a startup probably helps, because I worked in an environment every day where I needed to multitask,” she said. After graduating from Princeton University, Robert Engelke ’17 spent five years as a trader, first at Weeden & Co. and then at Barclays Capital, but he felt his skills might be better used in the legal realm. “I had a good career and wasn’t certain about making a change, but the two-year program made it a lot easier to take that leap,” he said. Now Engelke is looking forward to getting back to work. After he graduates in May, he will be a summer associate at Fried Frank, gaining valuable experience in a Big Law practice. Ultimately, he hopes to return to the corporate world in a management capacity. With a family and an eagerness to get back into the working world quickly, Lawrence Gallina ’18 said the AJD program was the only way he could make

law school work. “Shaving off that extra year really is beneficial to someone my age, at my point in my career,” he said. Gallina spent 12 years working for the federal government, first as a contracting officer and then for 10 years as a targeting analyst, but reached a point at which upward mobility seemed limited. He arrived at the Law School with plans to pursue employment law. But recently his interest unexpectedly has turned to family law. “I feel like it would be more rewarding to move in that direction, to be able to help children,” he said. He has found that prospective employers are enthusiastic about the AJD. “A lot of employers are getting used to the program and know what to expect from us,” Gallina said. A former broadcast journalist, Brian Hoffman ’17 has taken advantage of the program’s flexibility. He plunged headfirst into all the Law School had to offer, making it onto the Moot Court Honor Society, working with the pro bono Suspension Representation Project, and serving as a research assistant. Last summer he was offered a paid position with the personal injury firm Salenger, Sack Kimmel & Bavaro, where Marvin Salenger ’65 and Jeffrey Kimmel ’91 are partners. It was a great opportunity but taking a paid job and not earning credits was a tradeoff that Hoffman had to consider. He ultimately decided the experience was worth it, and he extended his time at the Law School by a half year. The summer job helped him decide that he wanted to be a trial lawyer doing civil litigation. “It was the best thing for me at the time,” he said. “The fact that the school is not so rigid about what you need to do makes it such a good program.” While David Choi ’17 extended his program to three years, he said the AJD “lit a fire” under him and pushed him to find an area of the law about which he could feel passionate. Choi, who recently accepted a position with the Bronx District Attorney, came to the Law School without a clear idea of what he wanted to do with his law degree. So he completed five internships: at the EEOC New York District Office; Michael Gunzburg PC, a personal injury firm; the Kings County DA; the New York County DA; and the SEC. “I always wanted more of a hands-on feel for how the law is executed and treated in the real world,” Choi said. “One of the benefits of the program is that it really forces you to not waste your time.” “I am grateful to the first several classes of AJD students because they have been very helpful in giving us information about what is working and what could be improved,” said Dean Allard. “Every year we are tweaking the program and we are making it better. We’re excited about its continued success.”

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LEGAL DISRUPTORS Graduates paving the way to the future of law

By Kaitlin Ugolik

Brooklyn Law School graduates are taking their places in the new world of law in creative and bold ways that are getting noticed. They are serving as in-house counsel in new business sectors such as music streaming, stepping out as entrepreneurs in the sharing economy, creating essential Internet infrastructure, helping companies manage the volatile worlds of data privacy and financial compliance, and innovating in areas of law where existing statutes haven’t caught up to technology-driven crimes. Entirely new areas of law are emerging from technology’s continued disruption of commerce, finance, government, and even personal relationships. At the same time, the global financial crisis has played a major role in flipping the balance of power between law firms and their corporate clients, with the former now struggling to find the best mix of attorneys at the best price point, and the latter forging ahead with their own legal departments. Meanwhile, electronic filing and clients’ evolving views of the billable hour have firms and legal departments around the world hurrying to catch up to the latest ways to do business. “The Class of 2015 secured a smaller number of jobs in private practice than any law school graduating class since 1996,” said James Leipold, executive director of the National Association for Law Placement, in a recent report. It’s no secret that the profession has remained a fairly conservative field, often slow to adapt to new trends. Traditionally there have been a few welltrodden paths for lawyers—a job with a firm, a government position, public interest practice, or a career as in-house counsel for a business, for example. But in recent years, jobs for lawyers are popping up in some unexpected places. There has been a boom in J.D.-required and J.D.-preferred positions in numerous fields, from finance to online services, resulting from changing regulations and the seismic impact of technology. “Our graduates are uniquely ready to lead in a profession that is being utterly transformed by technology and a changing social, political, and economic landscape,” said Dean Nick Allard. “With the superb education and practical training they received at the Law School, they have the Brooklyn edge that enables them to not only succeed in their careers but propel the profession forward.”

Carrie Goldberg ’07 & Lindsay Lieberman ’11 / C.A. Goldberg

“It’s thrilling to be at the ground floor of a legal issue, and it’s been such a privilege to be able to have an influence on how tech companies respond to this kind of evil activity, as well as working with legislators to draft laws to address it.”

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The personal is digital Dubbed “a new kind of privacy champion,” by The New Yorker, Carrie Goldberg ’07, founder of the firm C.A. Goldberg, is at the forefront of a movement to use both new and existing laws to penalize perpetrators of online violence, including individuals who share compromising photos and videos of others without their consent. From her practice located in Downtown Brooklyn a few blocks from the Law School, she fights for victims of online harassment, sexual assault, and blackmail. This includes dealing with “sextortion” and non-consensual pornography, two issues that the legal world is still learning how to address, as well as conducting campus sexual assault hearings and fighting for targets of anti-abortion terrorism. Many acts of violence today have a technology component, but current laws are not set up to recognize this type of violence as a crime. Goldberg is helping to lead the Cyber Civil Rights Initiative, a nonprofit organization aimed at ending nonconsensual pornography, and working on more than a dozen state criminal revenge porn laws around the country as well helping to craft a federal law, the Intimate Privacy Protection Act. “It’s thrilling to be at the ground floor of a legal issue, and it’s been such a privilege to be able to have an influence on how tech companies respond to this kind of evil activity, as well as working with legislators to draft laws to address it,” she said. Goldberg , who previously spent five years at the Vera Institute of Justice, was the subject of a feature story in The New Yorker in December that examined in depth her work to pioneer this new area of law.

Andrew Rausa ’13 / Facebook

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Lindsay Lieberman ’11 joined C.A. Goldberg in August as a senior associate. She had previously worked in the Special Victims Bureau at the Brooklyn District Attorney’s Office, which, she said, gave her the experience she needed to work at Goldberg’s firm. “As a former prosecutor, I have seen how the criminal justice system is struggling to play catch-up with society’s new digital reality,” said Lieberman. “I was immediately drawn to Carrie’s mission and I am proud to be part of it.” Facebook often is front and center of conversations about digital privacy. As advertising and privacy counsel for the social media giant, Andrew Rausa ’13 is on the front lines of ensuring the company complies with privacy best practices. The challenge for Rausa is the lack of a body of established laws or regulations around the world to guide him. But the ever-evolving world of digital privacy also provides plenty of opportunities for creativity, which Rausa relishes. “In a field like privacy, things aren’t as standardized,” he said. “You’re giving legal counsel based on the very specific nature of one company, one product, one industry, at one time. You have to consider the totality of circumstances and come up with nuanced advice that takes all those factors into account.” At Facebook, that means Rausa counsels as much on products as he does on privacy law, making recommendations for how to shape each new product so that it balances user value, revenue, and risk mitigation.

“In a field like privacy, things aren’t as standardized. You have to consider the totality of circumstances and come up with nuanced advice.”

His success in this evolving field of law is getting Rausa noticed. In January, he was named to the Forbes 30 Under 30 Law & Policy list for his work at Facebook. Rausa’s first job after graduating from the Law School was at Undertone, an advertising technology company. He served as corporate counsel and senior privacy manager and worked on the $180 million sale of Undertone to Israel-based software company Perion in 2015. He credits much of his success to his experience at the Brooklyn Law Incubator & Policy Clinic (BLIP) and mentorship from Professor Jonathan Askin. Rausa’s hands-on counseling approach also requires him to cross some traditional corporate boundaries. “If, as an in-house lawyer, you are still that scary guy in the corner office and not a trusted business partner to whom colleagues are willing to come with their questions and concerns, you’re not going to be able to do your job well,” he said. “I always knew I was never going to go into a traditional legal role; I wasn’t very interested in being in court, and I was always very much a business-oriented person,” said Mia Tomijima ’14, a consultant in the cyber risk practice at Deloitte in New York City. Tomijima’s work at Deloitte involves performing risk assessments, developing strategy, and building governance programs to decrease liability for her clients in a range of industries, from pharmaceuticals to telecommunications. Most recently, she worked with the world’s largest airline to build its privacy policies, procedures, and training from the ground up. This is a relatively new area of work that has evolved along with the increasing number of privacy regulations in recent years. Firms like Deloitte have focused on hiring individuals with a legal background who can quickly bring clients up to speed. The stakes are high—every data breach has major effects on a company’s finances, M&A prospects, and reputation. “What I like about this role is that I can provide direct solutions instead of just presenting the law and my opinion on it. I can do that part and then also work with clients on solutions for actually implementing regulations,” she said. Tomijima began her career in art law, advising photographers and other technology focused businesses on their digital copyrights. Her interest in IP and brand management then led her to the world of privacy and data protection, and, in 2015, to her current role with Deloitte. “I’m constantly working with in-house and external counsel—and being seen as a peer kind of gets you a leg up,” she said. “It’s much easier to be able to skip the legal instruction, review contracts and policies, and provide advice and recommendations based on my own legal training and background.”

“What I like about this role is that I can provide direct solutions.”

Mia Tomijima ’14 / Deloitte Cyber Risk Practice



Brooklyn law notes | spring 2017 | • 23

Lauren Tanen ’00 / Spotify

Adam Silverman ’01 / DEFY Media

The revolution will be streamed Lauren Tanen ’00, director of global employment law at Spotify, the digital music streaming service, always has sought a challenge. After spending time working for the Brooklyn District Attorney during law school, she found that while she loved litigation, she was drawn more to the emerging field of compliance. So, she pursued employment law, first at Greenberg Traurig and then at Seyfarth Shaw. In 2011 she became the first in-house employment lawyer at apparel giant PVH. For the next five and a half years, Tanen worked with the general counsel to create new procedures to help PVH handle its growing workforce. Then Spotify needed the same kind of guidance. Tanen said she relished the opportunity to work in a field that’s changing so quickly and dramatically. “There’s always a big focus on the people and the talent, making sure they feel like there’s a net underneath them, and that they can grow and challenge themselves and develop into whatever it is they want to be within the Spotify culture,” she said. Employment issues can be unique for a 10-year-old company acting as a major disruptor of the music industry. Spotify is a much more informal environment than anywhere else Tanen has ever worked. The company’s stated values—playful, collaborative, passionate, sincere, creative—reflect a mission that is very focused on teamwork and support. According to Tanen, Spotify also has an extraordinarily generous parental leave policy, and the New York office is full of music and snacks. But maintaining an environment where employees both have fun and remain top performers takes balance. “It’s all uncharted territory,” she said. “Everybody is so keen on making Spotify a fantastic success that we’re all driving for the same goal, and there’s so much that can be done to make sure people feel supported in doing that.”

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“The ability for creators to ‘cut out’ the middleman and go directly to the consumer is one of the most disruptive changes in the entertainment industry in at least 25 years.”

Both the law and Brooklyn Law School itself are in the DNA of Adam Silverman ’01, assistant general counsel and senior vice president of business and legal affairs for DEFY Media, a leader in youth-oriented media and entertainment. His father, Leonard Silverman ’54, was a Court of Claims judge who served five terms in the New York State Assembly, and his brother, Joshua Silverman ’00, is executive vice president of global licensing at Disney Consumer Products. Adam Silverman’s career path took him to the entertainment business, having worked for a selection of early stage entertainment companies. In 2003, he was recruited by Alloy, then an advertising, marketing, and entertainment company that needed someone with legal and intellectual property expertise. In 2013, Silverman helped lead the company through its merger with Break Media to become DEFY Media. DEFY’s programming generates more than 750 million video views per month and includes some of the most popular digital brands in the world, including Break, SMOSH, AweMe, ScreenJunkies, and Clevver.

Building secure brands online During the course of his career, Silverman has watched the evolution of digital media change the way the entertainment business works. YouTube, which made possible many of the brands Silverman now oversees, didn’t exist when he first started working in the field. Today, his work focuses on protecting DEFY’s portfolio of businesses and brands while helping the company continue to evolve with a market that is ever more focused on delivering media content directly to consumers. “Some of our most popular programming, SMOSH, literally started with two hysterical and creative teenagers recording themselves, and now it’s one of the most popular brands in entertainment,” Silverman said. “The ability for creators to ‘cut out’ the middleman and go directly to the consumer is one of the most disruptive changes in the entertainment industry in at least 25 years.”

“I saw firsthand as an attorney the dearth of resources to protect clients online.”

David Mitnick ’00, founder of DomainSkate, a service created to protect clients’ names and trademarks online, started his career in banking, but quickly realized one of his favorite parts of his job was working with attorneys to assess and mitigate risk. That led him to enroll in law school, where technology and intellectual property rights classes helped to hone his career ambitions. After graduation, he worked at Amster Rothstein & Ebenstein for the next 11 years, representing Fortune 500 companies in all areas of Internet law, including domain dispute resolutions and trademark registration. As the Internet grew, domain ownership and associate brand control became increasingly unwieldy. “I saw firsthand as an attorney the dearth of resources to protect clients online,” Mitnick said. “There were a few services that provided a list of newly registered domain names that we could review monthly, but nothing that was comprehensive or dynamic or timely. It looked like this Internet thing was here to stay, and companies were going to need some help.” His answer was DomainSkate, which he founded in 2012. The company reviews the more than 400 million registered domain names worldwide and gives clients daily customized reports to alert them if someone is using or abusing their name. DomainSkate also reviews social media handles and websites for trademark and brand abuse. “We back this up with security profiles, screenshots, and other important information for everything we watch,” he said. Mitnick said his law degree and work at the firm were invaluable stepping-stones to his current career. “Technology is making law degrees more valuable to a lot of companies that now consider hiring law students who can demonstrate expertise,” he said. In fact, he added, “there’s an industry bias toward attorneys with a law firm pedigree.”

26% David Mitnick ’00 / DomainSkate


Brooklyn law notes | spring 2017 | • 25

Lori Anne Wardi ’92 / Neustar

“As a lawyer and an HR person, something I learned early on is that you want to look to the future and always be studying what’s happening next,” said Lori Anne Wardi ’92, vice president of registry solutions at Neustar, which provides real-time information services for the Internet, telecommunications, entertainment, and marketing industries, among others. In the late 1990s, after five years practicing law at Proskauer Rose with a focus on the Employment Retirement Income Security Act (ERISA), Wardi wanted to apply her skills more directly to the lives of clients and organizations, so she moved into the world of human resource management. At the time she had no way of knowing that her love of developing management strategies and leadership trainings at firms like Goldman Sachs would come in handy in her future career as an Internet entrepreneur.

1 in 7


26 • Brooklyn law notes | spring 2017 |

Her instincts were particularly prescient when it came to social media and the increasing value of Web domains. Wardi was building a following as a human resources consultant when the terrorist attacks of Sept. 11, 2001, slowed the consulting industry for several years. In her efforts to find a new career opportunity, she entered the nascent market for Web domains. She amassed a large collection of domain names for future business ventures she thought she might one day launch. Unbeknownst to her, the domain names themselves soon became her business venture of choice. She eventually became deeply involved in the creation and evolution of the .CO domain extension, and was cofounder and vice president of .CO Internet, helping introduce many of the biggest companies in Silicon Valley to the .com competitor. “We wanted the letters at the other side of the dot to mean something,” Wardi said. “We went out to incubators, accelerators, coworking spaces, and startup communities worldwide to introduce them to .CO, and we made it very easy for them to build their next great business ideas on .CO domain names.” Today, at Neustar, which acquired .CO three years ago, Wardi and her team are poised to take advantage of the domain rule change by the Internet Corporation for Assigned Names and Numbers (ICANN) that opened up hundreds of new domain extensions, including city domain extensions such as .nyc. For the past two years, Wardi has been leading the effort to make New York City’s .nyc domain extension the premier city domain in the world. She’s also working with world-leading brands to bring them the opportunity to develop their own domain ecosystems, such as .Virgin, .Nike, and .Chase.

Riding new waves of regulation Andres Trujillo ’16 began his career with IEX, the Investors Exchange with a late-night message to the company’s COO, John Schwall. Then still a student at the Law School, Trujillo already had connected with Schwall and CEO Brad Katsuyama on LinkedIn after reading Flash Boys: A Wall Street Revolt by Michael Lewis, which heavily features the company. After externships at Windels Marx Lane & Mittendorf and the Securities and Exchange Commission left him feeling restless, Trujillo reached out to Schwall on a Friday evening. “To my surprise, 20 minutes later he got back to me,” Trujillo said. “He asked, ‘What do you think you’d be good at?’” IEX first took Trujillo on as a part-time compliance analyst while he was still in law school. At the time, the firm was operating as a so called “dark pool,” or off-exchange marketplace on which investors can make trades anonymously. Trujillo assisted with broker-dealer compliance while IEX worked on gaining approval from the SEC to operate a national securities exchange, which it received in June 2016. The next month Trujillo transitioned to his current role as regulatory associate.

Andres Trujillo ’16 / IEX

“The laws are notorious for not having bright lines, but tech is generally binary. We have to find a way to take this world of binary and fit it into this elastic world of the law.”

Akkerman advises domestic and foreign financial institutions on some of the most complex recent financial industry laws and regulations, such as the Dodd-Frank Wall Street Reform Act and rules issued by the Consumer Financial Protection Bureau, in addition to traditional corporate and banking law matters. Not only are there more new regulations than ever, but regulators have significantly stepped up enforcement of existing rules, Akkerman said. PwC is one of many firms that has increasingly hired individuals with law degrees to help clients navigate through the thicket of new regulations. Akkerman puts both his financial and his legal experience to work each time the federal government issues a new law, regulation, interpretive letter, or feedback, requiring him to analyze and determine the impact to clients. “My law school training really helps me be able to read and interpret rules and think creatively in helping clients meet requirements and writing those resolution plans,” he said.

“Any time we’re offering new functionality or a new product, we must amend the rulebook and get SEC approval,” he said. “It’s an interesting dynamic of figuring out how to leverage the law to advance products.” IEX recently applied to amend its rulebook to enhance an order type offered to traders, and Trujillo was involved in filing the rule with the SEC to amend the way this order type operates. “It’s been extremely interesting, because the laws are notorious for not having bright lines, but tech is generally binary,” Trujillo said. “We have to find a way to take this world of binary and fit it into this elastic world of the law.” When Daniel Akkerman ’14 graduated from college, his plans to go into the banking industry were derailed by the global financial crisis. But the historic crisis, and the slew of new laws and regulations enacted as a result, would prove to be the foundation for his career today as senior associate in the financial services regulatory practice at PricewaterhouseCoopers LLP. “Financial regulation as we know it today has been around since the Great Depression, but following the financial crisis we probably went through the largest period of rulemaking for the industry in modern times,” he said. “The area has expanded a lot, creating a need for regulatory professionals at institutions like ours and at the banks themselves.”

Daniel Akkerman ’14 / PricewaterhouseCoopers LLP Financial Services Regulatory Practice

Brooklyn law notes | spring 2017 | • 27

Bev Wilson ’12 / Plated Plated’s culture mirrors other startups with a fast-paced but casual office environment in an open loft in New York City’s Flatiron neighborhood. But underneath the jeans and smartphone apps, Plated is just like any other company in need of a good in-house lawyer. Wilson calls herself a generalist, supporting the business in many capacities, including transactional review, advertising review, regulatory and compliance issues, food matters, and privacy. “For the legal industry it’s an unusual position, and that’s been an interesting change for me,” she said.

Starting up the new economy

After studying in Italy during his college years, Matt Kopel ’16 was inspired by what could be done with public transit, and how Europe’s approach could be exported abroad. He decided to look to his own backyard, thinking up innovative new ways to improve the New York City subway system, which is one of the busiest in the world, offering round-the-clock service. He imagined a smartphone-based service that would make it easier to pay for and use a MetroCard. “I thought someone would have done this already if the technology existed,” he said. Kopel decided to create that technology himself and make it compatible with all smartphones. He didn’t know how to code, nor did he know anyone who did. So when Michael DeVitto, then vice president and program executive for fare payment programs at the MTA, visited the NYC Transit Museum just a few blocks from the Law School in 2014, Kopel made sure to share his idea. “He was not negative, so that told me I should pursue it,” said Kopel, who has since launched Waltz, a company producing software and hardware for secure access for both transit and real estate that uses smartphone apps. In March, he hired DeVitto as

“Meal kits have brought major change to the traditional food industry,” said Bev Wilson ’12, associate general counsel and director of legal and compliance at Plated, one of a handful of young companies in the burgeoning meal kit delivery business. “As an in-house attorney in the industry, it’s exciting to be a part of this new segment that is disrupting the traditional food system and offering a new way for people to enjoy dinner at home.” Launched in 2012, Plated delivers recipes and pre-portioned ingredients and recipes to customers’ doors so they can cook and share meals more easily. Wilson joined Plated in October 2015 after serving as assistant general counsel for the sports card and candy company Topps, maker of the iconic baseball trading cards. There, she focused on transaction work, privacy issues, and compliance for the food side of the company. Plated faces some distinct opportunities and challenges thanks to the highly competitive market and the company’s business model. “Plated is a unique company in that it combines food and tech,” Wilson said. “But the issues that come up are like those faced by other companies in the space.”

Matt Kopel ’16 / Waltz

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Andy Sturner ’90 / Boatsetter

chief strategy officer. Waltz currently has two pilot products. The transit service allows users to manage balances and make fare payments through an app that communicates with Waltz-made hardware at turnstiles and on buses, trains, and ferries. The real estate app allows building managers to create security profiles for individual tenants across multiple buildings, improving on existing security and communication methods. The app would allow individuals visiting secure buildings to enter without having to sign in at a security desk, for example. The company has been fundraising and has secured funding from Outfront Media, one of the largest outdoor advertisers in the country, which just happens to have been cofounded by fellow graduate—and business visionary—William Levine ’54 (see Brooklyn Law Notes, fall 2015). Kopel, who was inspired by classes with Professors Minor Myers and Steven Dean, says his law degree helped rethink the way he addresses issues, allowing him to approach every part of the entrepreneurial process with more confidence. More than two decades as an attorney and entrepreneur led Andy Sturner ’90 to his latest venture, Boatsetter, an Airbnb-style boat rental service. Though he always had an entrepreneurial spirit, before starting his first company Sturner practiced bankruptcy and reorganization law at Stroock & Stroock & Lavan. About a year into his time there, he teamed up with two fellow Law School graduates— his wife, Sherry Studnick Sturner ’90, and Aaron Fruhling ’90—to launch Interactive Services, which provided restaurant information by phone—this was years before Yelp

“I took my technology experience and leveraged what Airbnb and Uber had done with the sharing economy to create Boatsetter.”

or OpenTable— in the same way Moviefone did at the time for movies. Moviefone soon purchased the company, and Sturner was brought on to help take Moviefone public. He later went on to Web-based ventures, helping to launch, among other businesses. Then, in 2002, he and his family decided it was time to move south, where he discovered an unexpected industry ripe for new ideas: marinas. Sturner founded a marina-focused private equity firm, Aqua Marine Partners, based in Aventura, FL. The industry took a hit from the Great Recession, but Sturner’s previous legal experience gave him an important advantage in avoiding too much economic damage. Then in 2010, in his capacity as cofounder of Miamibased Accelerated Growth Partners, Sturner met an entrepreneur with an idea for “the Airbnb of boats.” “Most boat owners were baby boomers, and the marina industry wasn’t engaging with millennials,” Sturner said. “So I took my technology experience and leveraged what Airbnb and Uber had done with the sharing economy to create Boatsetter.” The company, which Sturner cofounded, officially set sail in 2013. It operates as a platform company, connecting boat owners, boat captains, and anyone looking for an experience on the water. The business is a much different endeavor from Sturner’s beginnings at Moviefone, a company many millennials have likely never heard of. But he credits his success to his ability, both legally and entrepreneurially, to adapt to changing tides.

Brooklyn law notes | spring 2017 | • 29



The forces of inequality, power, and progressive politics—and the need for regulatory reform—are taking on greater urgency in the Age of Trump.

In these opening months of the Trump admin-

istration we have witnessed no shortage of political drama: the administration’s assault on Muslims and immigrants; concerns over corruption and conflicts of interest; and the attempts to dismantle the Obama administration’s signature achievements from healthcare reform to financial regulation. While these battles certainly represent new challenges, many of today’s political cleavages are in fact starker and more heightened manifestations of tensions and cleavages that were already very much present in American politics.

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At times hidden, at times more open, three underlying anxieties shaped politics throughout the Obama era and in the 2016 election itself: first, a growing anxiety over worsening economic inequality and declining opportunity, particularly in the face of the globalized, post-financial crisis economy; second, deepening concerns about democratic accountability, government corruption, and the failure of public institutions to be responsive to these concerns; and third, a latent conflict over membership, inclusion, and exclusion: who counts as a full-fledged member of “we the people” that our government and our politics are in theory committed to empowering and serving.

We can see in the rise of Donald Trump one particular response to these anxieties in the form of an “exclusionary populism”—a view that in response to these deep economic inequalities and loss of faith in political institutions, we must turn to a singular powerful leader who can sweep away ossified and corrupted “politics as usual,” and restore the promise of opportunity and democracy to all, but do so by drawing a sharp line that excludes “undesirable” communities from the body politic: immigrants, communities of color, Muslims, and various other “Others.” This exclusionary populism is sadly not new; rather, it represents a durable and real legacy in American history. But we have another tradition as well, one that has surfaced at various moments of radical change, crisis, and attempts at social transformation. From the cataclysm of Civil War, abolition, and Reconstruction; to the upheavals of industrialization in the late 19th century eventually leading to the New Deal; to the Civil Rights movement, this tradition focuses not on reform through exclusion, but on the quest for constructing a more genuinely inclusive—and democratic—politics, economics, and society. This is the tradition of today’s explosion of multiracial, cross-constituency mobilizing, in part provoked by Trump’s actions, but more accurately building on long-term efforts to organize many communities in response to the inequities of the 21st-century economy. Just eight years ago, as Barack Obama swept into the White House on the heels of a catastrophic financial collapse, the idea of a “New New Deal” reinventing liberalism for the 21st century seemed within reach—as it did in the detailed policy briefs of Hillary Clinton’s campaign. But this aspiration overlooks the very real limits of a modern form of “New Deal—lite” governance. Instead, we need to recover a deeper tradition of more radical, progressive populism to transform our economy and government. The promise of this more radically egalitarian, inclusive, democratic political economy depends on more than counteracting the ideologies of elite-serving privatization of the safety net or the exclusionary populism that we see emergent in the new administration. It also requires asking some hard questions about the ways in which modern-day liberalism itself—particularly its New Deal-inspired faith in top-down, technocratic expertise—has failed to diagnose, let alone address, these deeper concerns of inequality, exclusion, and democratic failure.

The financial crisis and the limits of managerial liberalism In many ways, our current predicament and our current politics are animated by the continued repercussions of the 2008-9 financial crisis. We are still living in the hangover of that crisis, which wiped out many Americans’ wealth and savings—particularly in communities of color. The sluggish recovery in the years since the crash has been manifested in the continued shift to low-wage, precarious work. But there is an equally troubling conceptual and ideological ripple effect of the crisis, and the battles over the bailout and

financial reform efforts that ensued. For many Americans, the financial crisis crystallized the sense there is a “rigged” economy that is extractive, exploitative, and fundamentally unfair. This is further complicated by a sense that government itself has at best fallen short in its response, or at worst, actively contributed to the rigging of the economy. The bailouts of Wall Street firms—critical as they may have been to stave off a deeper depression—nevertheless came without longer-term and more structural transformations of the financial sector. These concerns combine into a deeper loss of faith in politics and they are rooted as much in Tea Party populism as in failures within the liberal political economy itself. In April 2010, Barack Obama visited the Cooper Union to deliver a make-or-break sales pitch for his financial reform package, which was working its way through Congress at the time. Seated in the front row of the lecture hall were the leaders of all

“This exclusionary populism is sadly not new; rather it represents a durable and real legacy in American history.” the major Wall Street banks, and outside, throngs of protesters chanting for the heads of those very CEOs. The president outlined an aggressive reform agenda, arguing that the central problem leading to the crisis was that financial markets “operated in the shadows … invisible to regulators, invisible to the public.” Thus, “risks accrued until they threatened our entire financial system.” The financial reform package, Obama argued, was focused on preventing such “reckless risk taking,” specifically by expanding the oversight and enforcement powers of expert regulators at the Federal Reserve and elsewhere. In this view, the problems of economic inequality were primarily matters of market failures—failures that needed to be remedied by deploying neutral, scientific, expert regulators to manage the excesses of the modern market system. This idea of managerialism has a long pedigree. Franklin Roosevelt and his New Dealers established the prestige of the idea of government expertise and regulation to serve the public good, and rework the dynamics of a complex and at times harmful modern economy. To James Landis, one of Roosevelt’s key advisors and the architect of the Securities and Exchange Commission, the expert-based regulatory state represented “our generation’s answer to the inadequacy of the judicial and legislative process.” More recently, following conservative attacks on the New Deal state in the 1970s and 1980s, pro-regulation liberals reformulated the muscular faith of Landis in top-down regulation in more chastened—but no less technocratic—terms. Today, in place of New Deal—style technocracy, we see appeals not to “big government” but rather to “smart government”—the judicious and limited deploying of expertise to facilitate, rather than fundamentally alter, the way markets function.

Brooklyn law notes | spring 2017 | • 31

Obama’s operation within the managerialist vision is thus not surprising, but it did come at a price. In focusing on the goal of optimizing market functioning, this view of public policy tends to overlook the more fundamental moral and political problem of power. Economic issues like the financial crisis or the rise of toobig-to-fail banks represent a concentration of economic power, which undermines the life chances and agency of communities and individuals and expands the ability of powerful corporations and wealthy elites to entrench their economic—and often political privilege. The popular anger against Wall Street spoke to this deeper sense of injustice and unaccountability of “big banks” and private power more generally, a moral violation that Obamaera reform did little to appease or address. The second problem with managerialism is that it bases the viability of its substantive policy agenda on a foundation that is increasingly brittle: a faith in the responsiveness, effectiveness, and expertise of regulators themselves. We have very good reason to doubt that presumption. The fear of interest group capture of regulators is a long-standing concern motivating decades of attack on regulation itself. But capture can manifest itself in regulatory inaction as much as action. Arguably the financial crisis itself was a product of regulators who were overly friendly with financial-sector interests, leading to lax enforcement of existing laws. Consider what Obama and the mainstream financial reform package did not include. Calls for “breaking up” too-big-to-fail banks were dismissed. More aggressive structural limits on the kinds of powers, permitted activities, and combinations of financial activities within firms, such as the Volcker Rule ban on proprietary trading, were not mandated by statute, but instead offered as recommendations to regulators. However, these measures were subsequently watered down under pressure on the regulators themselves from financial-sector actors. Senators Elizabeth Warren and Bernie Sanders led calls for a more structural overhaul of the financial sector. These voices evoked a very different tradition of progressive economic policy: not the managerialism of Landis or post-Reagan liberals, but rather a more democratic and egalitarian progressivism that had its roots much earlier.

Populists, progressives, and the problem of economic power Over a century ago, in what historians term the Progressive Era (roughly 1880—1920), the country faced a similar confluence of crises. The upheavals of industrialization created new and terrifying forms of inequality, dislocation, and immiseration. They also created new concentrations of economic power, evident in the rise of oligarchs such as Vanderbilt, Rockefeller, and J.P. Morgan. These economic concerns bled into the political, as many Americans feared the influence that these elites would have on party bosses, legislators, and elected officials. Indeed, finance was the ultimate evil of evils, seen as the puppeteer behind the economic and political inequities of the moment.

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In this setting, a variety of thinkers, lawyers, reformers, and activists developed a sophisticated critique of the confluence of economic and political power. They identified the problem of private power, characterized by the growth of powerful new monopolies and mega-corporations like Standard Oil, and market power—the “market” itself was not a natural system like the weather, but rather a product of law, policy, and human-made decisions. Progressive Era thinkers also condemned the failure of political institutions to address these economic concerns. Thus, these economic and political conditions produced what we might term a problem of actionability. In the face of the vast powers of monopoly corporations, the diffuse system of the market itself, and the dysfunction of existing democratic institutions, the idea that “we the people” could in fact reassert control, ownership, and accountability over these powers and systems seemed remote indeed. This was what philosopher John Dewey called the “problem of the public”—that a “scattered, mobile, and manifold public” lacked the means of “effective political action” necessary to organize, assert, and realize their aspirations. Democracy, then, for these radical reformers was an urgent necessity—a vital means by which communities would have to wrest control over their economic and political destinies back from these powers and systems that had made a lie of the idea of popular sovereignty and self-determination. The central challenge for economic policy is the problem of power and domination—the accumulation of unchecked power, whether in the form of concentrated corporate and monopoly power or in the more diffused form of the market system itself. Democracy is the primary means we have for organizing a response to this problem of domination.

Toward a 21st-century progressivism? The idea of “democracy against domination” takes a very different approach to problems such as financial reform. The purpose of financial regulation is not merely to optimize market functioning and protect against risk, but more broadly to tackle the problem of domination and economic power. To address the problem of economic power, we must rely not only on the delegated and distant expertise of regulatory agencies, but on more direct and empowered forms of democracy. Whereas the financial reforms coming out of the crisis sought to expand the expertise and insulation of regulators, we might instead try to democratize regulatory agencies, creating more hooks and levers through which politically marginalized groups such as workers, consumers, and student-debt holders could have a more direct voice in shaping economic policy, and where regulators see their purpose as tackling these concentrations of power that restrict opportunity to the few rather than the many. Indeed, the most radical element of the post-2009 financial reform effort sought to do just that. The Consumer Financial Protection Bureau (CFPB) is in effect tasked with exactly this mission of empowering a politically diffuse and often disempowered constituency of

consumers, students, retirees, and minorities, among others, to counteract the economic power of credit card companies, mortgage companies, and financiers who otherwise would have an easier time extracting fees, engaging in fraud, and undermining economic equity. Furthermore, the CFPB has invested much of its expertise in more democratic and participatory modes of engaging citizens in its agenda-setting and policymaking, through online and offline consultations, town halls, and proactive engagement with grassroots community groups. It is no wonder that the CFPB is one of the top targets of the vociferous financial sector seeking to dismantle Obama-era reforms. More important, this democratic, anti-domination view has implications beyond finance. In a variety of areas, we are seeing a growing focus by activists, reformers, and progressive policy thinkers on the problems of concentrated power and unequal

“This democratic, anti-domination view has implications beyond finance. In a variety of areas, we are seeing a growing focus by activists, reformers, and progressive policy thinkers on the problems of concentrated power and unequal market structures.” market structures. First, we can see this reorientation in several distinct but related movements tackling questions of concentration, antitrust, and corporate power in issues such as net neutrality and the problem of concentrated private power over the control of the Internet by giants such as Comcast and Verizon, and platforms like Amazon; rural efforts to tackle the increasing power of “big agriculture” over farmers and rural economies; and continued mobilization around finance and the problem of financialization. Second, despite the well-noted decline of unions, we are seeing a new “alternative labor” movement on the rise, seeking to tackle the worsening inequities in the world of work and the eroding social contract. The “Fight for $15” has pushed a $15 minimum wage with increasing success across the country at the state and local level. New groups have emerged to mobilize and organize workers in low-wage, highly insecure sectors like restaurant work, fast-food work, domestic work, and on-demand “gig economy” work. It is in these movements and battlegrounds that we see the beginnings of a more radically democratic, egalitarian, and inclusive progressive movement for the 21st century. Like reformers of the Progressive Era, it evokes a focus on deep economic structures, dynamics, and the problem of power—and premises social change on the building of democratic power and capacity on the part of communities themselves through bottom-up movement building, and on the part of policymaking institutions by demanding greater participation and representation of these groups in democratic institutions themselves. Yet we must not forget that many of the reformers of the Progressive Era, for all their valuable insights, were also conflicted at best (and

supportive at worst) of the systematic racial exclusion of the Jim Crow era. In this sense, today’s emerging progressive movements reflect something even more radical and vital: a recovery of this old progressive focus on power and democracy, combined with a commitment to multiracial, cross-constituency organizing that makes this vision of anti-domination and expanded democracy truly inclusive. Movements like the battle for net neutrality or the Fight for $15 are self-consciously and distinctively multiracial movements, investing in the often-difficult spade work of forging these alliances and solidarities in the course of tackling deeper forms of economic power and inequality. The opportunity—and the stakes—for this alternative vision of 21st-century progressivism could not be higher. The specter of exclusionary populism of the resurgent far right raises the costs of the failure to develop a cross-constituency vision and movement that takes seriously the problems of a rigged economy and a sclerotic government but does so with a commitment to values of inclusion, equality, and democracy. Without this alternative, we leave too much of a moral vacuum for misguided appeals to exclusion and upheaval. Conventional liberal politics in the New Deal and post New Deal vein are no longer compelling enough to meet either the challenge of 21st-century inequality or of rightwing populism. Indeed, for a country that counts democracy as its birthright, we have so rarely met the highest ideals of that concept. The ferment and struggles of Roosevelt’s era made possible the gains under the New Deal. Now in 2017, we face a similar moment and turning point of economic transformation and political upheaval—a moment that will set the terms of inclusion, equality, opportunity, and democracy for decades to come. The stakes are enormous. Whether we can do better than our forebears remains to be seen.

K. Sabeel Rahman is assistant professor of law at Brooklyn Law School, where he teaches constitutional law, administrative law, and courses on law, inequality, and social change. His academic research focuses on questions of democratic and participatory governance, public law, and economic policymaking. He holds a J.D. and Ph.D. from Harvard University and is a Rhodes Scholar. He is also a fellow at the Roosevelt Institute and New America. His articles have appeared in the Boston Review, the Atlantic, the American Prospect, and the Nation. This article was adapted from Professor Rahman’s book, Democracy Against Domination (Oxford University Press 2016).

Brooklyn law notes | spring 2017 | • 33


Arthur Pinto, Cofounder of International Business Law Center and Mentor to Students, Retires


rofessor Arthur Pinto’s 9th floor office is a sunny rectangular room with striking views of downtown Brooklyn that, quite frankly, resembles a paper factory in a wind tunnel. Reflecting on his retirement after 30 years of teaching at the Law School, Pinto eyes the tornado of paper strewn over the desk and floor and shrugs his shoulders. “This is nothing,” he says. Even the books on the shelves are lying down. “You should have seen it when I was teaching full time.” Teaching full time is something Arthur Pinto has done since 1975, but in 1984 he finally joined Brooklyn Law School after several false starts. The first time he applied for a teaching position at the Law School in 1975, he was fresh off a threeyear stint as an associate in the corporate and bankruptcy groups at Weil Gotshal & Manges, and he was turned down. “They told me I came in second,” he recalled. He took a position teaching at Seton Hall instead. The following year, Brooklyn called him. “They had an opening and wanted me to join the faculty, but I was just starting out at Seton Hall and didn’t want to leave.” Then, in the mid-80s, after he had tenure at Seton Hall, he did a year as a visiting professor at Brooklyn and they made him an offer he could not—and did not— refuse. “That third time, I took the offer and never looked back. I love it here and would not have had it any other way.” In the decades he taught, Pinto has become one of the most well-respected and deeply engaged members of the faculty. He has taught nearly every business course, including Corporations, Agency and Partnership, Contracts, Corporate Finance, Securities Regulation, Business Planning, and Comparative Business Organizations, as well as seminars in Comparative Corporate Governance, and Mergers & Acquisitions. He has also authored two books: Understanding Corporate Law and The Legal Basis of Comparative Corporate Governance in Publicly Held Corporations, and has written extensively in journals on the topic of corporate governance.

“ There is something about students who find their way, and discover their abilities over time and do not give up, that is very inspiring.” —Prof. Arthur Pinto

But his contributions go far beyond academics and scholarship. Pinto has been instrumental in building the profile of the Law School, helping to put it on the map as a leading institution in the world of international business. He worked on developing the Abraham L. Pomerantz Lecture, the biennial corporate securities lecture that commemorates the life and work of Abraham Pomerantz, a 1924 graduate of the Law School considered by many to have been the “dean of the class action bar.” Along with Professor

34 • Brooklyn law notes | spring 2017 |

Roberta Karmel and Gerry McLaughlin, then the associate dean for development, he created and served as a codirector of the Dennis J. Block Center for the Study of International Business Law and its prestigious fellowship program, which has become an important resource for the international business law community. Pinto also founded and directed the Law School’s noteworthy summer programs at the University of Bologna, and the University of International Business and Economics Law School (UIBE) in Beijing. “Brooklyn Law School won’t be the same without my longtime friend and colleague, Arthur Pinto,” said Stacy Caplow, Associate Dean of Professional Legal Education and Professor of Law. “Ever since our first day in Torts class at NYU Law School we have been soulmates and co-conspirators. He reads balance sheets and Playbills with equal facility, sharing his expertise about both finance and the theatre with students, faculty, and staff. All of us will miss him greatly.” Outside the classroom, Pinto has been deeply engaged in the community as a mentor to many of his students, routinely inviting them to join him for brown bag lunches. “Professor Pinto was a very engaged teacher and a highly invested mentor in my, and my fellow students’ professional success,” said Lydia Tomitova ’12 an attorney in the Netherlands with Oikcredit Ecumenical Development. “His commitment to Brooklyn was evident not only in his close work with students, but also in his active work to build up the International Business Law program. Two of his personal qualities stand out vividly in my experience: his curiosity to get to know the person standing across from him, and the equal footing he related in a casual New Yorker way.” Pinto also served as the faculty advisor to the Brooklyn Law Review for many years and was the long-time faculty advisor to OUTLAWS, the Law School’s student group devoted to LGBTQ advocacy. He has endowed a summer fellowship to fund a


student advancing LGBTQ rights. “They do really great work, and I wanted to do something for them that would enable more of the public interest work they do,” he said. Pinto grew up in Connecticut and was drawn to business from a young age. “I always had an interest in the world of finance,” he said. “I was 12 or 13 years old and I’d wake up and study the financial pages and the stock market. I have no idea why. I can’t say I have had very good investing strategies, but it interests me.”

After graduating from Colgate University with a degree in Political Science he attended NYU Law School and then worked in private practice before joining academia. Now that he has been at it for over 40 years, though, he says it’s time to retire. “I am nearly 70 and I started teaching in 1975,” he said. “It’s been a long time. And I have told everyone who has asked me why I am retiring the same thing: you don’t do this forever. You have to leave to make room for the new blood. I’ve had my time.”

Pinto says one of the most gratifying teaching experiences had been with students who didn’t start out strong but who found their footing along the way. “There were a few students who didn’t do as well they could have in their first year and then blossomed later on,” he said. “There is something about students who find their way, and discover their abilities over time and do not give up, that is very inspiring.”

Faculty Notes Nick Allard

William Araiza

PUBLICATIONS • Civic Education is the Best Practice, 2 Kutafin L. Rev. 382 (2016) • Nonsense You Say, 48 U. Tol. L. Rev. — (forthcoming 2017) • Money and Speech: Practical Perspectives, 25 Brook. J. L. & Pol’y — (forthcoming 2017) • We, the People, Prelaw Magazine (Fall 2016) PROGRAMS & PRESENTATIONS • Speaker, “The Competitive Advantage of Legal, Ethical & Moral Conduct In the Business Environment,” Martin Mendelsohn ’63 & Syma R. Mendelsohn ’64 Lectureship in International Relations, Brooklyn College • Speaker, Just the Beginning Organization, The Eleventh Biennial & Twenty-First Anniversary Conference: “Equal Justice Under the Law: Celebrating the Legacy of Judge Constance Baker Motley,” New York, NY SELECT MEDIA • The Detroit News op-eds: Letter: ‘Hamilton’ actor deserves freedom medal (Nov. 27, 2016); and Open letter to the president-elect (Nov. 9, 2016) • Letter to the Editor, How to better regulate the lobbyists, The Washington Post (Sept. 16, 2016) • Featured on Panel Discussion on Economics and Panel Discussion on Political Parties and Elections, Brooklyn Book Festival, C-Span (Sept. 18, 2016) • Quoted in: In Donald McGahn, Donald Trump Gets a Combative White House Counsel, The New York Times (Dec. 12, 2016); Step 1 of Donald Trump’s anti-lobbyist crusade: pack his transition team with lobbyists, Vox (Nov. 11, 2016); Donald Trump’s ethics reform plan: dim prospects ahead, Center for Public Integrity (Oct. 18, 2016); What do falling bar-passage rates mean for legal education— and the future of the profession? ABA Journal (Sept. 1, 2017)

PROGRAMS & PRESENTATIONS • Presenter, “Samuel Alito: Populist,” Constitutional Law Colloquium, Loyola University Chicago School of Law

Julian Arato PUBLICATIONS • Co-editor, The Law of the World Trade Organization Through the Cases (2016 Ed.) (online open-source casebook) (with Weiler, Cho, & Feichtner, eds.) HONORS/AWARDS/APPOINTMENTS • Elected Vice-Chair of the American Society of International Law (ASIL) International Economic Law Interest Group (2017-2019) • Appointed Co-Chair of the Junior International Law Scholars Association (2017-2019)

Jonathan Askin PROGRAMS & PRESENTATIONS • Speaker, “Privacy in a World of AI, Semantic Systems, and Machine Learning,” Global Legal Technology Laboratory Prototype Jam, University of Missouri–Kansas City School of Law • Host, “Legal Issues for Young Entrepreneurs,” Keller Center, Princeton University • Speaker, “Legal Issues for Globally-Oriented Ventures,” Invest Northern Ireland, New York, NY • Multiple lectures, 2017 MIT Computational Law Course, Massachusetts Institute of Technology

Brooklyn law notes | spring 2017 | • 35


Miriam Baer

Christopher Beauchamp

PROGRAMS & PRESENTATIONS • Presenter, “Insider Trading’s Legality Problem,” Discussion Group: Salman and Insider Trading, AALS annual meeting, San Francisco, CA • Presenter, “Reconceptualizing the Whistleblower’s Dilemma,” Faculty Workshop, Emory Law School; Canadian Law & Economics Association, University of Toronto • Presenter, “Carrots, Sticks and Lemons: Making Sense of the DOJ’s Corporate Charging Policy” Symposium, University of Toledo College of Law • Presenter, “Commercial Bribery and the Travel Act,” Program on Corporate Compliance and Enforcement, New York University School of Law HONORS/AWARDS/APPOINTMENTS • Elected to American Law Institute

PROGRAMS & PRESENTATIONS • “Invented by Law: Alexander Graham Bell and the Patent That Changed America,” New York City Bar Association; University of Iowa Law School • “The First Patent Litigation Explosion,” Center for American and International Law, Plano, TX • Presenter/commentator, Hoover Institution IP2 symposium on the history of innovation and IP, Washington, D.C. • “Patent Law on Trial: Lessons from the First Patent Litigation Explosion,” Baker & McKenzie LLP, North America IP Group, New Orleans, LA

Jodi Balsam PUBLICATIONS • “Free My Agent”: Legal Implications of Professional Athletes’ SelfRepresentation, 16 Wake Forest J. Bus. & Intell. Prop. L. 510 (2016) PROGRAMS & PRESENTATIONS • Presenter, “Hedging Their Bets: Can Fantasy Sports and Sports Gambling Play the Feds, the States, and the Leagues?,” AALS annual meeting, San Francisco, CA • Presenter, “Skills Assessment Project: An Empirical Study of Supervisor Evaluations of Extern Work Performance,” Clinical Law Review Writers’ Workshop, New York University School of Law • Presenter/Organizer, “Field Placement Supervisory Responsibilities Under ABA Accreditation Standards and NY Rules of Professional Conduct,” Training and Reception for Supervising Attorneys of Legal Externs, NY-Area Externship Consortium, Fordham University School of Law HONORS/AWARDS/APPOINTMENTS • Elected as Chair-Elect of the AALS Section on Law and Sports • Appointed to Externships 9 Conference Site Selection Committee SELECT MEDIA • Quoted in Law360: Justices’ Punt on Head Injuries Buoys NFL Claims Approach (Dec. 12, 2016); NFL Head Injury Funding a Savvy Move, Even Amid Doubts (Sept. 16, 2016); Betting on Sports: The Issues, CQ Researcher (Oct. 28, 2016)

36 • Brooklyn law notes | spring 2017 |

Debra Bechtel PROGRAMS & PRESENTATIONS • Co-Presenter, “New HPD Regulations: What’s Coming?” The Council of New York Cooperatives 36th Annual Housing Conference

Anita Bernstein PUBLICATIONS • New York Law Journal columns: First Department Rolls Own Criteria for a Judiciary Law §487 Claim (Dec. 4, 2016); Vicarious Liability for Judiciary Law §487 Violations (Jan. 26, 2017) (with L. Boulbol) PROGRAMS & PRESENTATIONS • Senior Commentator, Works in Progress panel, Professional Responsibility Section, AALS annual meeting, San Francisco, CA • Presenter, “Ethical Implications of Monday Night Law Representation,” New York City Bar Association, New York, NY

Bradley Borden PUBLICATIONS • Law and Transactional Planning For LLCs and Partnerships (West Academic, forthcoming 2018) • Federal Income Taxation: Cases and Materials (7th ed., Foundation Press 2017) (with M. J. McMahon, Jr., D. L. Simmons & D. J. Ventry, Jr.) • Taxation and Business Planning of Partnerships and LLCs (Aspen Publishers 2017) • Taxation and Business Planning for Real Estate Transactions (2nd ed., Carolina Academic Press 2017) • Bartell and the Expansion of Facilitated Exchanges, 20 J. Passthrough Ent. 13 (2017) • Expected-Cost Analysis as a Tool for Optimizing Tax Planning and Reporting, 44 Real Est. Tax’n 21 (2016) (with K. H. Maeng)


New York Times Seeks Advice from Professor Bradley Borden on Trump’s Tax Returns When the New York Times needed a tax expert to discuss Donald Trump’s tax returns last fall, they looked to Professor Bradley Borden, who served as an adviser on several high-profile articles about Trump’s taxes over the following months. In addition to teaching a range of tax courses at the Law School— Federal Income Taxation, Partnership Taxation, Taxation of Real Estate Transactions, and Unincorporated Business Organizations—he continues to be a prolific author of casebooks. His most recent work includes: Law and Transactional Planning for LLCs and Partnerships (Aspen Publishers, in progress); Taxation and Business Planning of Partnerships and LLCs (Aspen Publishers); Taxation and Business Planning for Real Estate Transactions (2nd Ed., Carolina Academic Press); and co-authoring Federal Income Taxation: Cases and Materials (7th Ed., Foundation Press). His other scholarly work published in a variety of journals focuses on taking a quantitative approach to analyzing taxpayer and tax advisor behavior. In an article, “Expected-Cost Analysis as a Tool for Optimizing Tax Planning and Reporting,” for Real

PROGRAMS & PRESENTATIONS • Presenter, “Section 1038 as an Alternative to Mixing Bowl Transactions,” Bloomberg BNA Tax Advisory Board Meeting, New York, NY • Presenter, “Structuring the Management of an LLC ‘Board,’” American Bar Association, Business Law Section, LLC Institute, Arlington, VA • Presenter, “Are Sale-Leasebacks on the Menu?,” American Bar Association, Section of Taxation and Section of Real Property, Trust & Estate Law, Trust & Estate Division, Boston, MA SELECT MEDIA • It’s a Bird, It’s a Plane, No, It’s a Board-Managed LLC, Business Law Today (forthcoming 2017) (with A. C. Hurt & T. E. Rutledge) • Quoted in The New York Times: How Donald Trump Uses the Tax Code in Ways You Can’t (Oct. 7, 2016) and Trump’s Tax Records (Oct. 1, 2016)

Estate Taxation, he addresses the potential costs to the taxpayer of three different tax positions: treating all gain as ordinary income and paying tax at ordinary income rates; treating all gain as long-term capital gain and paying tax at that rate; and structuring the conversion and disposition of the property so that part of the gain qualifies for favorable long-term capital gains rates and the remainder gets taxed at ordinary rates. In an article in Real Estate Finance, “Equity Structure of Noncorporate Entities,” Borden addresses strategies that are becoming prevalent amid real estate and equity funds that may not be fully understood even by those who use them. For instance, the use of XIRR to compute hurdles in distribution waterfalls appears to be a simplifying innovation, but, as Borden illustrates, the function might create some unintended consequences and leave room for some game playing. Following the themes of his recent scholarly work, he is currently working on a project that considers the application of traditional partnership tax rules to new innovative partnership structures and how quantitative analyses can inform our understanding of tax law’s penalty regime and taxpayer decision making. He is also working with Professor Steven Dean to create and implement an innovative classroom design that incorporates “client files” that help students study the law in virtual practice settings.

Dana Brakman Reiser PUBLICATIONS • Foundation Law: A U.S. Country Report, in Stärkung Des Stiftungswesens (2017) (with S. Miller) PROGRAMS & PRESENTATIONS • Presenter, “The Philanthropy LLC: Chan-Zuckerberg, Omidyar and the Millionaire Next Door,” Joint Program by Sections on Unincorporated Associations and Nonprofit and Philanthropy Law, AALS annual meeting, San Francisco, CA • Presenter, “Nonprofit Governance Basics,” Practicing Law Institute Seminar on Financial and Reporting Issues for Nonprofit Organizations 2015, New York, NY • Presenter, “Social Enterprise Exits,” 44th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action, Washington, DC; Faculty Workshop, West Virginia University College of Law; and Faculty Workshop, Fordham University School of Law • Panelist, “Using Non-501(c)(3) Vehicles to Accomplish Philanthropic Objectives,” American Bar Association fall meeting, Boston, MA

Brooklyn law notes | spring 2017 | • 37


Professor Neil B. Cohen Travels the World to Talk Trade and Bankruptcy Professor Neil B. Cohen is deeply involved in international lawmaking through his association with organizations such as the United Nations Commission on International Trade Law (UNCITRAL), which he has served as a long-time member of the delegation of the United States. In addition, in the last several months, he was a member of a World Bank mission to St. Lucia working on reforming that nation’s secured transactions laws. He recently co-chaired a joint meeting of the American Law Institute and the European Law Institute in Vienna about developing a legal framework for the emerging data economy, and he delivered a presentation at a workshop in Nicosia, Cyprus, sponsored by the U.S. Agency for International Development, concerning secured transactions reform in the Middle East and North Africa. In addition, Professor Cohen recently spoke and served as a panel chair at the Fourth UNCITRAL International Colloquium on Secured Transactions in Vienna. Earlier this year, Cohen spent two weeks in Havana giving lectures about U.S. contract law to Cuban transactional lawyers as part of an effort to establish better legal relationships between lawyers in the U.S. and Cuba under the aegis of the Center for Inter-American Legal Education. “Each international experience has many positive results, giving me an opportunity to become conversant with the legal systems of many different nations, enabling me to play a role in fostering modernization and harmonization of the international legal system, and challenging me to understand U.S. legal doctrines at a more fundamental level than before in order to explain them more effectively to those whose legal systems are built on different premises,” he said. At the Law School, Cohen teaches secured transactions, contracts, commercial law, and conflict of laws courses, and his students benefit from the breadth and depth of his international experiences.

38 • Brooklyn law notes | spring 2017 |

Heidi Brown PUBLICATIONS • The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy (Ankerwycke, forthcoming 2017) • Breaking Bad Briefs, 32 J. Legal Prof. — (forthcoming 2017) PROGRAMS & PRESENTATIONS • Panel Moderator, “What Would Bono Do?—Using Legal Education to Ignite Interpersonal Respect, Cross-Cultural Empathy, and Global Inclusion,” Section on Legal Writing, Reasoning, and Research AALS annual meeting, San Francisco, CA • Moderator, “Championing Difference and Inclusion in the Law School Classroom,” Legal Writing Institute Conference, Brooklyn Law School • Presenter, “Misprision of a Felony? Using State and Federal Failure to Report a Felony Statute to Illustrate Language Choices in Legislation,” The Fourth Colonial Frontier Legal Writing Conference, Duquesne University School of Law • Moderator, “Empathic Intelligence: Igniting Interpersonal Respect, Cross-Cultural Empathy, and Global Inclusion Through Law Teaching,” Society of American Law Teachers Conference, Chicago, IL SELECT MEDIA • Book Review, Introverted Lawyers Listen, Listen Like a Lawyer (Dec. 5, 2016)

I. Bennett Capers PUBLICATIONS • While We’re Talking About Rape, Criminal Justice Magazine, Vol. 31, No. 4 (Winter 2017) • The Under-Policed, 51 Wake Forest L. Rev. 589 (2016) PROGRAMS & PRESENTATIONS • Speaker, “Criminal Procedure and the Good Citizen,” Speaker Series on Race and Ethnicity, Center on Race, Law & Justice, Fordham University School of Law • Invited Participant, Roundtable Discussion on Reforms, U.S. Sentencing Commission, Washington, D.C.

Stacy Caplow HONORS/AWARDS/APPOINTMENTS • Member, Mayor’s Advisory Committee on the Judiciary SELECT MEDIA • Op-ed, Executive Pardons Would Help Now Law-Abiding Immigrants Achieve Justice, Miami Herald (Jan. 8, 2017)


Natalie Chin

Robin Effron

PROGRAMS & PRESENTATIONS • Presenter, “Article 17-A: Guardianship of Intellectually and Developmentally Disabled Persons,” Brooklyn Bar Association, Brooklyn, NY • Presenter, “Guardianship and its Alternatives,” SETS Conference, Manhattan School for Career Development, New York, NY

PUBLICATIONS • Trade Secrets, Extraterritoriality, and Jurisdiction, 51 Wake Forest L. Rev. 765 (2016) SELECT MEDIA • Time to Say Goodbye to Forum Non Conveniens?, Jotwell (Dec. 8, 2016)

Neil B. Cohen

James Fanto

PROGRAMS & PRESENTATIONS • Presenter, “U.S. Contract Law for Cuban Lawyers” and “Using Contract Law to Establish Trust in Long-Term Commercial Relationships,” Center for Inter-American Legal Education, Havana, Cuba • Presenter, “The Uniform Commercial Code and Mortgage Notes,” New Jersey Judicial College • Presenter, “A Secured Transactions Law for St. Lucia,” St. Lucia Ministry for Economic Development, Housing, Urban Renewal, Transport and Civil Aviation, Castries, St. Lucia • Presenter, “Key Features of the Hague Principles,” Towards a Global Framework for International Commercial Transactions: Implementing the Hague Principles on Choice of Law in International Commercial Contracts (Hague Conference on Private International Law), University of Lucerne, Switzerland • Presenter, “UNCITRAL Commercial Law Instruments,” American College of Commercial Finance Lawyers Teleconference HONORS/AWARDS/APPOINTMENTS • Reappointed for a three-year term as the Director of Research of the Permanent Editorial Board for the Uniform Commercial Code • Delegation member of the United States of America to the United Nations Commission on International Trade Law (UNCITRAL)

PUBLICATIONS • Dashboard Compliance: Benefit, Threat, or Both?, 11 Brook. J. Corp. Fin. & Com. L. 1 (2016) • Broker-Dealer: Law and Regulation (4th ed., Wolters Kluwer 2016) PROGRAMS & PRESENTATIONS • Participant, Public Policy Council of the Certified Financial Planner Board of Standards, Washington, D.C. • Presenter, Governance Section of the ALI Project on Principles of the Law: Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations, Brooklyn Law School SELECT MEDIA • Cited in New York AG Employs Powerful Law in Exxon Probe, Wall Street Journal (Sept. 16, 2016)

Steven Dean PUBLICATIONS • Reconsidering the Tax Treaty, 41 Brook. J. Int’l L. 967 (2016) (with R. Kysar) PROGRAMS & PRESENTATIONS • Presenter, “Future of Tax Administration and Enforcement,” AALS annual meeting, San Francisco, CA • Presenter, “How I Stopped Worrying and Learned to Love Formulary Apportionment,” Global Tax Conference: Divergent Country Views of Base Erosion and Profit Shifting, New York University School of Law • Presenter, “Legitimacy, Human Rights and the International Tax Regime’s Next Golden Age, Beyond ‘Spillover:’ North-South Dimensions of Tax and Tax Abuse, Human Rights & Tax in an Unequal World” panel, Center for Human Rights & Global Justice Conference, New York University School of Law

Nina Farber PUBLICATIONS • Expanding Comparative Fault to Apparent and Implied Consent Cases, 82 Brook. L. Rev. 217 (2016) (with A. Twerski) PROGRAMS & PRESENTATIONS • Lecturer, American Legal System for International Students, Universidad Pontificia Comillas, Spain • Legal Writing Workshop for International Students, University of Lyon, France

Maryellen Fullerton PUBLICATIONS • The Primacy of European Human Rights Law, 21 UCLA J. Int’l L. & Foreign Aff. — (forthcoming 2017) PROGRAMS & PRESENTATIONS • Keynote Speaker, “Auspicious Migrants: Resettling Refugees in Canada and the United States,” Conference on Migration, University of Trento, Italy • Coordinator, “Human Rights Challenges and Needs in the United States and South of the U.S.-Mexico Border,” New York City Bar Association, New York, NY

Brooklyn law notes | spring 2017 | • 39


• Presenter, “Refugees in an Era of Mass Migration,” American Society of Comparative Law, University of Washington • Faculty of Law, Migration Conference and Meetings, Trento, Italy SELECT MEDIA • Interviewed in BBC programs: Newshour, World Have Your Say, & The World Tonight (Jan. 25, 2017)

Heidi Gilchrist PUBLICATIONS • The Security Clearance Conundrum: The Need for Judicial Review and Reform, 51 U. Rich. L. Rev. — (forthcoming 2017) PROGRAMS & PRESENTATIONS • Presenter, “Preparing Practice Ready Millennials,” Tulane Law School • Presenter, “Global Terrorism Fears: Fostering Broader Sensitivity Towards Victims of Religious and Racial Discrimination in the Legal Writing Classroom,” Society of American Law Teachers conference, Chicago, IL

Susan Herman PUBLICATIONS • Constitutional Utopianism, 48 The U. of Pac. L. Rev. 93 (2016) PROGRAMS & PRESENTATIONS • Keynote Speaker, “This is What Leadership Looks Like,” Columbia Spectator Women’s Leadership Conference, Columbia University • Debater, “An Oxford Union-Style Debate: Resolved – The Supreme Court Should Overrule Its Decision in Miranda v. Arizona” (with P. Cassell), Heritage Foundation, Washington, D.C. • Speaker, “The ACLU and the Trump Presidency,” Samford University Cumberland School of Law • Panelist, “A Permanent State of Emergency? Views from France and the US,” Institute of French Studies, New York University • Panelist, “Surveillance: The Battle for Freedom and Security,” New York Historical Society, New York, NY • Panelist, “Criminal Justice Reform: Strategies to End Mass Incarceration,” Blouin Creative Summit, New York, NY SELECT MEDIA • Can We Fire the Electoral College? Probably Not, But We Can Put it Under New Management, The Huffington Post (Dec. 19, 2016) • Interviewed in ACLU President Visits Samford University, WBHM 90.3 FM (Nov. 22, 2016)

Cynthia Godsoe PROGRAMS & PRESENTATIONS • Public reading, Rewrite of the U.S. Supreme Court’s opinion on statutory rape in Michael M. v. Sonoma Cty, 450 U.S. 464 (1981), Feminist Judgements: Rewritten Opinions of the United States Supreme Court (K. M. Stanchi, L. L. Berger & B. J. Crawford eds., Cambridge Univ. Press 2016), New York University

Joel Gora PROGRAMS & PRESENTATIONS • Panelist, “Author Meet Critics: Buckley v. Valeo at 40: New Thinking, New Directions on Campaign Finance,” 2016 Annual Convention, American Political Science Association, Philadelphia, PA SELECT MEDIA • Cited in Ask the author: Adler and others on “Business and the Roberts Court,” SCOTUSBlog (Nov. 28, 2016) • Quoted in Larry Lessig Takes his Plan to Congress, The Huffington Post (Sept. 23, 2016)

Susan Hazeldean PUBLICATIONS • Anchoring More Than Babies: Children’s Rights After Obergefell v. Hodges, 38 Cardozo L. Rev. — (forthcoming 2017)

40 • Brooklyn law notes | spring 2017 |

Edward Janger PROGRAMS & PRESENTATIONS • Participant, Resolution of G-SIFIs under the Bankruptcy Code Task Force, Wharton Financial Institutions Center, University of Pennsylvania • Organizer/Participant, The Young Bankruptcy Scholar’s Work-inProgress Workshop, American Bankruptcy Institute and Center for the Study of Business Law & Regulation, Brooklyn Law School • Participant, NYU Claims-Priority Roundtable, New York University HONORS/AWARDS/APPOINTMENTS • Served on the ABA Delegation to United Nations Commission on International Trade Law (UNCITRAL) Working Group V, Vienna, Austria

Roberta Karmel PUBLICATIONS • New York Law Journal columns: Financial Choice Act: Limiting the Independence of the SEC (Dec. 14, 2016); Administrative Law Judges in SEC Proceedings (Oct. 19, 2016) • Book Review, Independent Agencies in the United States—Law, Structure, and Politics, 65 Cath. U. L. Rev. 873 (2016) • Threats to the SEC’s Independence, Business Law Today (Dec. 9, 2016) PROGRAMS & PRESENTATIONS • Panelist, “Does State Securities Regulation Matter Anymore?” American Bar Association Administrative Law conference, Washington, D.C.


• Speaker, “Threats to the SEC’s Independence,” Federal Regulation of Securities Committee, Business Law Section, American Bar Association, Washington, D.C. • Presenter, “SEC Disclosure Policy,” Securities Committee of the New York City Bar Association, New York, NY • Moderator, Panel on Perspectives of U.K. and U.S. Judges with Lord John Dyson, Center for the Study of International Business Law, Brooklyn Law School

Adam Kolber PUBLICATIONS • Two Views of First Amendment Thought Privacy, 18 J. Const. L. 1381 (2016) • Smoothing Vague Laws, in Vagueness and the Law: Philosophical and Legal Perspectives (G. Keil & R. Poscher eds.) (Oxford University Press 2016) PROGRAMS & PRESENTATIONS • Presenter, “Code is Not the Law: Blockchain Contracts and Artificial Intelligence,” The Ethics of A.I., New York University

Rebecca Kysar PUBLICATIONS • Reconsidering the Tax Treaty, 41 Brook. J. Int’l L. 967 (2016) (with S. Dean) HONORS/AWARDS/APPOINTMENTS • Chair, AALS Section on Legislation and Law of the Political Process SELECT MEDIA • Op-ed: Republicans’ Dangerous Plan to Ram Tax Reform through Congress, Slate (Jan. 5, 2017) • Op-ed: Is Trump’s Tariff Plan Constitutional?, The New York Times (Jan. 3, 2017)

Brian Lee OTHER PROFESSIONAL ACTIVITIES • Advisers and Members Consultative Group Meeting, Restatement (4th) of Property, American Law Institute, Philadelphia, PA

Gregg Macey PUBLICATIONS • Introduction: The Post-Carbon World: Advances in Legal and Social Theory, 82 Brook. L. Rev. — (forthcoming 2017) • Energy Transitions in the Industrial Sector, in Legal Pathways to Deep Decarbonization in the United States (M. Gerrard & J. Dernbach, eds.) (2017)

Professor Christina Mulligan Explores Property on the ‘Internet of Things’ These days products in our lives are embedded with computers— cameras, watches, kitchen and household appliances, even jewelry. Professor Christina Mulligan’s recent work, including “Personal Property Servitudes on the Internet of Things,” published in the Georgia Law Review, and “Licenses and the Property/Contract Interface,” forthcoming in the Indiana Law Journal, explores and criticizes how licensing changes our relationship with physical property and suggests how the law can adapt to better facilitate the use and sale of property in our changing technological environment. “Traditionally under the common law of property, when you purchased these sorts of items, you had title to them—you owned them,” Mulligan said. But purveyors of software-embedded goods like digital cameras and robot vacuum cleaners often purport to be licensing the copies of the software in the appliances to purchasers, not selling them. Those licenses come with restrictions on what purchasers can do with the software in the products, such as limitations on whether the product can be resold or used commercially. “As software-embedded goods and their accompanying licenses become more commonplace, our relationship to personal property changes,” Mulligan said. At the Law School, Mulligan teaches courses on cybercrime, Internet law, intellectual property, and trusts and estates. She was recently appointed chair-elect of the American Association of Law Schools Section on Internet and Computer Law.

PROGRAMS & PRESENTATIONS • Presenter, “Green-Energy Transitions in the Industrial Sector,” Legal Pathways to Deep Decarbonization in the United States, Columbia Law School OTHER PROFESSIONAL ACTIVITIES • Reviewer, Land Use & Environmental Law Review • Reviewer, International Journal of Environmental Research and Public Health

Brooklyn law notes | spring 2017 | • 41


Professor Alice Ristroph, an Expert in Criminal Law, to Join Faculty Brooklyn Law School has announced the appointment of Professor Alice Ristroph, an expert in criminal law, criminal procedure, and constitutional law, as professor of law. Her appointment is effective July 1. Ristroph currently teaches at Seton Hall University School of Law, where her scholarship focuses on the relationships among legal concepts and legal practices. “It’s wonderful to have the opportunity to join the faculty at Brooklyn Law School,” Ristroph said. “There is so much energy and talent at the school—among the criminal law faculty, in faculty working across other fields, and in the students. And of course, there is so much energy and talent in this borough, which has been my home for years. As Brooklyn Law School continues to educate excellent lawyers, I’m honored to become a part of the team.” Ristroph has deep experience as a political theorist. She explores in her scholarship, among other topics, how dominant conceptual assumptions in criminal law and criminal procedure have impeded reform efforts and suggests more promising alternative frameworks to minimize the state’s use of force. “We are proud to welcome Professor Ristroph to our distinguished faculty,” said Dean Nick Allard. “Her compelling work in criminal law and criminal procedure will further enrich our vibrant intellectual community. I look forward to her contributions to our great tradition of advancing scholarship and teaching that has a powerful impact on the law and society.” Ristroph’s work has addressed various topics in constitutional theory and criminal law theory, and has appeared in the Yale Law Journal, California Law Review, Journal of Criminal Law & Criminology, and Duke Law Journal, among other publications. She joined the Seton Hall faculty in 2008 after serving as Associate Professor at the University of Utah, S.J. Quinney College of Law. Prior to that she was an associate in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison in New York City. She holds a J.D. and Ph.D. in political theory from Harvard University.

42 • Brooklyn law notes | spring 2017 |

Christina Mulligan PUBLICATIONS • Licenses and the Property/Contract Interface, Ind. L. J. — (forthcoming 2017) • Personal Property Servitudes on the Internet of Things, 50 Ga. L. Rev. 1121 (2016) • The Story of Land, 95 Tex. L. Rev. See Also 12 (2017) PROGRAMS & PRESENTATIONS • Commentator, 7th Annual Tri-State Region Intellectual Property Workshop, New York University School of Law • Moderator, “What’s the Deal with Big Data,” Center for Urban Business Entrepreneurship, Brooklyn Law School HONORS/AWARDS/APPOINTMENTS • Chair-Elect, AALS Section on Internet and Computer Law

Minor Myers PUBLICATIONS • Interest in Appraisal, 42 J. Corp. L. 109 (2016) (with C. Korsmo) • Reforming Modern Appraisal Litigation, 41 Del. J. Corp. L. — (forthcoming 2017) (with C. Korsmo) • Appraisal as Aggregate Litigation in Research Handbook on Shareholder Litigation (Griffith et al. eds.) (forthcoming 2017) PROGRAMS & PRESENTATIONS • Presenter, “Who Cares About Agency Costs in Executive Compensation,” Conference on Empirical Legal Studies, Duke University School of Law • Presenter, “Appraisal as Aggregate Litigation,” Corporate and Securities Litigation Workshop, Chicago, IL SELECT MEDIA • Quoted in The Wall Street Journal: The Big Number: $7.4 billion: Outflows from activist hedge funds this year through Sept. 30 (Nov. 14, 2016); Perrigo Activist Campaign was Inevitable, Says Expert (Sept. 13, 2016)

K. Sabeel Rahman PUBLICATIONS • Democracy Against Domination (Oxford University Press 2017) • From Economic Inequality to Economic Freedom: Constitutional Political Economy in the New Gilded Age, 35 Yale L. & Pol’y Rev. 32 (2016) • Rethinking Public Goods, American Constitution Society, “What’s the Big Idea?” White paper series (Oct. 2016) PROGRAMS & PRESENTATIONS • Democracy Against Domination book talks: Sociology Colloquium, Kent State University; Faculty Colloquium, Drexel University Thomas R. Kline School of Law; Oxford University North American Office, New York, NY; and launch and panel, Brooklyn Law School • Panelist, “Inequality and the Crisis of American Democracy,” New America, Washington D.C.


• Presenter, “Managerialism and Structuralism in Economic Governance,” History of Capitalism conference, Cornell University • Presenter, “Citizen Audits,” American Political Science Association annual convention, Philadelphia, PA HONORS/AWARDS/APPOINTMENTS • Appointed to Board of Directors for The New Press SELECT MEDIA • Challenging the New Curse of Bigness, The American Prospect (Nov. 29, 2016) • Podcast participant, A Post-Election Conversation on the Future of American Democracy, New America (Nov. 9, 2016) • The Way Forward for Progressives, The New Republic, (Nov. 2, 2016) • Quoted in Obama’s Work to Limit Mergers May Stop with the Trump Administration, The New York Times (Jan. 10, 2017) and America’s Monopoly Problem, The Atlantic (Oct. 2016)

David Reiss PROGRAMS & PRESENTATIONS • Presenter, “Paying for the American Dream: How to Reform the Market for Mortgages,” Furman Center for Real Estate and Urban Policy, New York University • Panelist, “What Law Professors Hope You’re Doing Now,” BarBri/ LawPreview webinar • Presenter, GLG webinars: “Housing Finance and GSE Reform Policy in 2017”; “GSEs and the Future of Housing Finance” HONORS/AWARDS/APPOINTMENTS • REFinBlog named 2016 Best Legal Blog Nominee, The Expert Institute SELECT MEDIA • Quoted on real estate topics in dozens of top publications, including the New York Times, the Wall Street Journal, the Christian Science Monitor, The Hill, and USA Today, among others. • Interviewed in NPR: Choice of Mnuchin Troubles Housing Activists (Nov. 30, 2016); Appeals Court Orders Restructuring Of Consumer Financial Protection Bureau (Oct. 11, 2016) • Proposed Collection for National Survey of Mortgage Originations (No. 2016-N-06), Federal Housing Finance Agency (Nov. 10, 2016) • Regular contributor to The Hill

Elizabeth M. Schneider PUBLICATIONS • Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts on Conflicts in Feminism, 51 New Eng. L. Rev. 1 (2017) PROGRAMS & PRESENTATIONS • “Domestic Violence Crisis: A Conversation with Hon. John M. Leventhal ’79 and Prof. Elizabeth Schneider,” Brooklyn Law School

Jocelyn Simonson PROGRAMS & PRESENTATIONS • Moderator, “Community & Racial Justice,” Democratizing Criminal Law Conference, Northwestern Pritzker School of Law • Panelist, “Towards Solutions,” Symposium on Money Bail and Its Role in Mass Incarceration, University of Baltimore School of Law • Presenter, “Bail Nullification: The Power of Community Bail Funds” Criminal Law & Procedure Speaker Series, Fordham University School of Law; Faculty Workshop, St. John’s Law School; and New York Area Junior Faculty Colloquium, New York Law School • Moderator & Organizer, “Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy,” Center for Criminal Justice, Brooklyn Law School SELECT MEDIA • Quoted in Groups Begin Bailing Out Strangers to Free Poor From Jail, Associated Press (Jan. 30, 2017); Criminal Law Reporter: SCOTUS Double Jeopardy Case Could Impact Prosecutor Discretion (Oct. 5, 2016) and Race Playing Larger Role in Criminal Cases at SCOTUS (Sept. 28, 2016) • Interviewed in TalksOnLaw: Is There a Right to Record the Police? (Oct. 2016)

Lawrence Solan PUBLICATIONS • Finding Ordinary Meaning in Law: The Judge, the Dictionary or the Corpus?, 1 Int’l J. Legal Discourse 253 (2016) (with T. Gales) • Transparent and Opaque Consent in Contract Formation, in Coercion and Consent in the Legal Process: Linguistic and Discursive Perspectives (S. Ehrlich, D. Eades & J.Ainsworth, eds.) (2016) • Why it is so Difficult to Resolve Vagueness in Legal Interpretation in Vagueness and Law: Philosophical and Legal Perspectives (G. Keil & R. Poscher, eds.) (2016) PROGRAMS & PRESENTATIONS • Commentator, Program on Emerging Scholars in Legislation and Statutory Interpretation, AALS annual meeting, San Francisco, CA • Presenter, “Corpus Linguistics as a Tool in Legal Interpretation,” Federalist Society Faculty Program, San Francisco, CA • Presenter, “Using Corpus Linguistics in Legal Analysis,” Conference on Nordic Forensic Linguistics, University of Copenhagen, Denmark • Presenter, “Rhetoric in the U.S. Supreme Court: From Formalism to Pragmatism,” Conference on Trends in Legal Formalism and the Judicial Role: Jurisprudence Meets Empirical Legal Studies, Bar Ilan University, Israel • Presenter, “From Textualism to Pragmatism in the U.S. Supreme Court?” Conference on Inference and Representation in Legal Interpretation, University of Oslo, Norway HONORS/AWARDS/APPOINTMENTS • Treasurer of the AALS Section on Graduate Programs for Non-U.S. Lawyers

Brooklyn law notes | spring 2017 | • 43


Professor Lawrence Solan Advances the Field of Cognition and the Law Professor Lawrence Solan, Don Forchelli Professor of Law and Director of Graduate Education, is a highly in-demand speaker around the world for his expertise in interdisciplinary issues related to law, language, and cognition. In the fall he traveled to several countries to present his work. This included: “Rhetoric in the U.S. Supreme Court: From Formalism to Pragmatism” at the Conference on Trends in Legal Formalism and the Judicial Role: Jurisprudence Meets Empirical Legal Studies at Bar Ilan University in Israel; “From Textualism to Pragmatism in the U.S. Supreme Court?” at the Conference on Inference and Representation in Legal Interpretation at the University of Oslo in Norway; and “Using Corpus Linguistics in Legal Analysis” at the Conference on Nordic Forensic Linguistics at the University of Copenhagen in Denmark. “I have been very fortunate to be able to devote my career to exploring how the organization of the human mind, especially our language faculty, affects legal decision making, and to share this work with colleagues from around the world,” Solan said. Solan is a renowned author or coauthor of six books and dozens of articles and book chapters. His work has been translated in six languages. At the Law School, Solan serves as director of the Center for the Study of Law, Language and Cognition.

Alex Stein PUBLICATIONS • The Domain of Torts, 117 Colum. L. Rev. — (forthcoming 2017) PROGRAMS & PRESENTATIONS • Invited Speaker, “Behavioral Probability” Foundations of Probability Series, Philosophy Department, Rutgers University • Presenter, “The Domain of Torts,” Center for Private Law and the Petrie-Flom Center for Health Law, Harvard Law School SELECT MEDIA • Authored multiple posts for Harvard Law School’s Bill of Health blog

Nelson Tebbe PUBLICATIONS • Religious Freedom in an Egalitarian Age (Harvard University Press 2017) • When Do Religious Accommodations Burden Others? in The Conscience Wars: Rethinking the Balance Between Religion, Identity, and Equality (S. Mancini & M. Rosenfeld eds.) (Cambridge Univ. Press, forthcoming 2017) (with R. Schragger & M. Schwartzman) • How Much May Religious Accommodations Harm Others? in Law, Religion, and Health in the United States (E. Sepper, H. F. Lynch, and I. G. Cohen, eds.) (Cambridge University Press, forthcoming 2017) (with R. Schragger & M. Schwartzman) PROGRAMS & PRESENTATIONS • Presenter, “Religious Freedom in an Egalitarian Age,” Political Science Department, Brown University • Religious Freedom Today: A Symposium on Nelson Tebbe’s Religious Freedom in an Egalitarian Age, St. John’s University School of Law SELECT MEDIA • Trump Wasn’t Elected as a Culture Warrior. He May Govern as One., Vox (Jan. 20, 2017) (with R. Schragger & M. Schwartzman)

Aaron Twerski PUBLICATIONS • Expanding Comparative Fault to Apparent and Implied Consent Cases, 82 Brook. L. Rev. 217 (2016) (with N. Farber)

To learn more about recent scholarship from Brooklyn Law School faculty, please visit

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Alumni Events ON THE ROAD Graduates Gather in Philadelphia,

Boca Raton, and San Francisco

In November, Michael Grohman ’83 and Won-Joon Kouh ’99 of Duane Morris LLP hosted local alumni at a reception at the firm’s Philadelphia office. Dean Allard shared the latest news from the Law School and encouraged graduates to remain connected.

PHILADELPHIA (top): Amy Cohen ’10, Caitlin Monck ’02, and Brendan Ryan ’02; (bottom): Peter Kendall ’99 and Won-Joon Kouh ’99

▼ Dean Allard and members of the faculty traveled to San Francisco for the annual AALS Conference in early January. At a reception hosted by Thomas Frank ’99 and Whittier Trust, graduates enjoyed reconnecting with one another over cocktails and catching up with some of their former professors. BOCA RATON (top): Helen Seltzer and Jay Seltzer ’52; (bottom): Michael Schiffrin ’72, Susan Schiffrin, Patricia Kaufman, and Marc Kaufman ’72

▲ In February, Florida graduates gathered at the Addison in Boca Raton, where Dean Allard welcomed the group and encouraged alumni to support students and law school initiatives. Local graduates are leading the effort to establish a South Florida regional network, which will continue to engage the many Brooklyn Law School alumni who live and work in the area.

SAN FRANCISCO: Prof. Jodi Balsam, William Baker ’78, Dean Nick Allard, and Sol Coffino ’69

If you are interested in hosting an event for graduates, please contact Andrea Polci, associate director of Alumni Relations, at [email protected] or 718-780-0319.

Brooklyn law notes | spring 2017 | • 45


Brooklyn Law School Honors Distinguished Alumni at Annual Luncheon

Alumni award recipients and presenters, l–r. Anne del Castillo ’11, Erika Lorshbough ’12, Susan Karten ’83, Hon. Emily Jane Goodman ’68, William Gladstone ’55, Valerie Fitch ’88, Michael Grohman ’83, and Dean Nick Allard

On Friday, Feb. 3, Brooklyn Law School alumni, faculty, students, trustees, and their guests gathered at the Plaza Hotel in Manhattan for the annual Alumni Association Luncheon. Honored as Alumni of the Year were William Gladstone ’55, former co-chief executive at Ernst & Young and president of the Tri-City ValleyCats minor league baseball team, and Susan M. Karten ’83 of Susan M. Karten & Associates. This year’s Rising Stars were Anne del Castillo ’11, chief operating officer and general counsel in the New York City Mayor’s Office of Media and Entertainment, and Erika Lorshbough ’12, legislative counsel at the New York Civil Liberties Union. During opening remarks, Dean Nick Allard spoke about the power of law to improve and change the world. He pointed out recent work done by Law School students and graduates on everything from the exoneration of a wrongfully convicted man to preparation of asylum-seekers for immigration interviews. “Our students and graduates continue to make us proud every day,” he said. “The impact our school has had, and continues to have, makes us a very singular institution.” The honorees were introduced by Valerie Fitch ’88, the outgoing president of the Alumni Association. Gladstone spoke of the influence the Law School has had on his long career, both during his tenure as co-CEO at Ernst & Young and his post-retirement work in the world of baseball.

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“ We in this room have been trained by one of the best law schools in the country— let’s make a difference.” — Susan M. Karten ’83 “Being knowledgeable in various areas of the law is a great foundation for many business challenges you face after graduation,” he said. “My plans to practice law gradually changed as my career progressed, but what I learned at Brooklyn Law School and the discipline it encouraged remained very important for my career growth and success throughout 40 years.” Gladstone spent most of his career at Ernst & Young, except for a tour of duty with the U.S. Air Force during the Korean War. In 2015 he was crowned the “King of Baseball” by Minor League Baseball for his dedication and service to the sport, particularly through the Tri-City ValleyCats, the Class A affiliate of the Houston Astros.


Former New York Supreme Court Judge Emily Goodman ’68 introduced Karten, touting her perseverance in starting her career at a time when there were few women lawyers. Karten initially worked as a secretary for attorney Jacob Fuchsberg and worked on his successful campaign for the New York Court of Appeals. She then finished college and attended the Law School’s fouryear night program while working for Fuchsberg in Albany two weeks each month. She went on to become a highly distinguished personal injury lawyer, representing the first U.S. health care worker to test positive for HIV/AIDS as a result of a needle stick, as well as the family of Ramadan Kurtaj, a construction worker killed in an Upper East Side crane crash in 2008. In the latter case, Karten and Bernadette Panzella ’81 won more than $96 million in damages for their clients. “We have only to look at the events of the last 10 days to see how our profession is leading the charge in regard to the challenges facing our country today,” Karten said. “We in this room have been trained by one of the best law schools in the country— let’s make a difference. That’s what we were taught at Brooklyn Law School.”

top: The crowd of alumni, students, and guests at the Plaza Hotel bottom: Dean’s Challenge Leaders, Chelsea-Leigh Flucus-Holloway ’17 and Lauren Boulbol ’17

Myra Din ’16 and Hon. Ramon Reyes ’92 enjoy the celebration.

Rising Star del Castillo has spent more than 20 years in the media and entertainment industry. Prior to her position in the Mayor’s Office of Media and Entertainment, she was vice president of development and business affairs at American Documentary, overseeing all aspects of legal and business affairs, and led the development of Austin Studios during her tenure at the Austin Film Society. While accepting her Rising Star award, Del Castillo mentioned that her ability to be a “rising star” in the world of law was thanks to the Law School’s four-year night program, which she attended while continuing to work and raise her young son. “Thanks to Brooklyn Law School, I now have the esteemed privilege of serving my beloved city of New York and supporting the growth of an industry in which I’ve invested over half my life’s work,” she said. “I’m deeply honored to receive a rising star award. It is a recognition that we are indeed in constant motion with opportunities to grow at every turn, and to rise at any moment.” Lorshbough has spent more than a decade as a volunteer and political activist for LGBTQ civil rights. Prior to becoming legislative counsel at the NYCLU, she worked as a litigation fellow with Lambda Legal, presided over landlord-tenant conciliation in New York City Housing Court, fought to combat discrimination and due process violations through Legal Services-NYC, and created the Law School’s first economic justice pro bono project. She thanked the Law School faculty and her fellow alumni for the Rising Star recognition, saying she “stood on the shoulders of giants at each step.” She also pointed to Law School alumni involvement in the legal response to the president’s immigration executive order as a point of pride. “Since last Saturday, I’ve seen so many members of our community stand up over and over again to say, ‘I will take action.’ Our folks just keep standing up,” she said. “Last week I was proud to be a Brooklyn Law School alumna, but today I am even prouder.”

Brooklyn law notes | spring 2017 | • 47


A Conversation with Robert Manne ’77

The general counsel and senior vice president at Ultimate Software shares how embracing serendipity can lead to success with startups Ultimate Software, the Weston, FL–based human capital management and benefits firm where Robert Manne ’77 serves as general counsel and senior vice president, has a reputation for treating its employees exceptionally well. They have access to a wellness expert, and the company even has a massage therapist on staff. “You might want to think about doing that here!” Manne told Dean Nick Allard during a lunchtime conversation in October before an audience of students about entrepreneurship and advising startups. “If you make the employees happy, they’ll make the customers happy, and that will make shareholders happy,” he said. Manne’s approach to employee—and customer— satisfaction has yielded solid results for Ultimate, which today is a $6 billion company with 3,500 employees that is regularly ranked by Fortune as one of the best places to work in the United States. But when Ultimate launched in 1990, the company barely had an office. Manne, whose friend Scott Scherr was Ultimate’s founder and is the current CEO, stepped in to lend the company its first office space and then signed on to be its lawyer. At that time, Manne had been a litigator at the Fort Lauderdale firm Becker & Poliakoff for more than a decade. He was about to jump into the nascent software-as-a-service (SaaS) field and figure out as he went along how existing laws applied. Manne discussed the company’s journey to success and offered his advice and insights to students who are considering a career working with startups.

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Can you talk about your path to Ultimate, and why the company is unique in the HR SaaS field? We’ve turned a company that started in a little cubicle outside my office into a large publicly traded company that we think is just a great corporate model. After I became involved and we raised some money, Scott says, ‘By the way, I’ve got no place to go.’ I told him he could use the little secretarial station outside my office for a couple of months. The next day he comes to me and says, ‘By the way, I don’t have any customers.’ So my law firm became the first customer, and that’s where we started Ultimate. We pride ourselves on our relationships with our customers and our employees. We truly believe in partnering with our customers and our vendors, and we like to grow with them. We have a culture that is a little different than I think a lot of other companies our size have, and we have a 96 percent retention rate among our customers. If you had to choose a word that best describes your career path, would you say “planning” or “serendipity?” Serendipity. Sometimes you’re not sure if you are doing the right thing, but you need to take a chance. I grew up in the Harlem/ Washington Heights area and didn’t know any lawyers, nor did I have any contact with lawyers. I went to undergraduate school in Albany, and at some point during my time there I decided I was


going to go to law school. When I graduated from Brooklyn Law School in 1977, I decided to move to Florida even though I had a job offer from a Wall Street firm where I had clerked. When I told the senior partner who had offered me a position that I was going to move to Florida, he said he knew someone at one of the larger firms in the Miami/Fort Lauderdale area who was hiring. It was a small, kind of old Southern town in many respects at the time; it wasn’t the cosmopolitan area it is today. The partner said, ‘I’m telling you right now, they’re not going to hire anybody who is Jewish.’ I interviewed at the firm, got through the first and second set of interviews, and was taken to lunch with the hiring partner. Everything was going well until he asked: ‘So, what holidays do you celebrate?’ With a very straight face I looked at him and said, ‘You mean, like July 4th?’ He didn’t appreciate the humor, and needless to say I didn’t get the job. A few months later I joined the Becker & Poliakoff group, which at the time had only eight lawyers, and all of us were under the age of 35. It was a young, dynamic group, and we were going to set the world on fire.

“ The first thing I tell young lawyers when they’re coming out of law school is: ‘You want to be a sponge.’ It is important for young lawyers to know what they don’t know, and know when to ask the question.” What was your practice like at Becker & Poliakoff, and how did you transition to the world of SaaS? Most of our practice was representing homeowners and consumers who had difficulty when they purchased their condominiums, and my practice was primarily litigating. I did a lot of construction litigation and I loved every minute of it; loved my partners. You won’t find a lot of lawyers who say that after 10 or 20 years of practice, but that was me. Then in 1990, as I mentioned, my friend told me that he was starting this HR software company and I was doing all of the legal work for them while I was still a partner at the law firm. You need to understand that at that time there was no Internet. So, when people are asking me questions about technology law, I’m improvising the answers. It was really an exciting time.

Some people said I was going to regret leaving my law firm, where I was a senior partner running a litigation department with 30 lawyers. But I said: ‘This is where my heart is going to take me, and let’s take a chance.’ As in-house counsel, one of the first legal issues was a dispute with the Post Office over what our address was going to be. But that’s what you face when you first start working with startups. What are your views and tips on client service for students who are going to become lawyers? The first thing I tell young lawyers when they’re coming out of law school is: ‘You want to be a sponge. You need to spend the first few years learning your trade and learning your profession. You want to talk to other people who have that experience.’ When I left the law firm to start the technology company, I had to learn a whole new area of law in many respects. I always kid people because I tell them that the most important part of my body when I went in-house in those days was the dialing finger. It was the ability to call other attorneys and get information because I was a litigator, I had done a lot of construction and real estate–related work, but there were a lot of areas that I didn’t know. Here’s the best piece of advice I can give people who go into this area: You need to know the product. It is important for young lawyers as they’re learning their profession to know what they don’t know, and know when to ask the question. One of the great things I learned at Brooklyn Law School is issue spotting. You may not know the answer when you’re out there starting to practice, but if you can spot the issue, you’ll get the answer. You are clearly passionate about your work. What kind of advice can you give to young people thinking about how to find that same type of passion? Around our company we have a great passion for what we do, and we believe, especially being in the HR payroll world, that culture is a significant portion of what you’re selling, even to your customers. We win awards as one of the best companies in America to work for. I always tell people that two things are very important with respect to making these kinds of career decisions: You’ve got to have a passion for the work, and you’ve got to have a passion for the people. At the end of the day you’re going to spend a lot of time working. If you’re going to learn your trade, if you’re going to be a good lawyer or you’re going to be a good businessperson, whatever you’re going to do, you need to develop a passion for it.

Brooklyn law notes | spring 2017 | • 49


New Scholarship Honors the Work and Career of Professor Roberta Karmel The Professor Roberta S. Karmel Scholarship was endowed in 2016 in recognition of Professor Roberta Karmel’s incomparable career and her extraordinary contributions to the Dennis J. Block Center for the Study of International Business Law; the International Business Law Fellowship Program, which is the cornerstone of the Center; and to the Law School generally. She was the first female commissioner of the Securities and Exchange Commission and the first woman to be named a partner at her law firm, Rogers & Wells. The scholarship, which is to be given to an outstanding International Business Law Fellow each year, was awarded this year to Kristen Lin ’17. Lin is a member of the Brooklyn Journal of

Corporate, Financial and Commercial Law, the Moot Court Honor Society, and the BLIP Clinic. The seeds of this scholarship were planted by Susan Foster ’87, one of Karmel’s former research assistants. Foster led the charge to create, fund, and endow this scholarship in honor of her former mentor and professor. In recognition of the profound influence that Professor Karmel had upon her career, Foster made several generous contributions to the scholarship including her most recent match for every gift made to the scholarship with a gift of her own. “We are incredibly grateful for her dedication and generosity,” said Dean Nick Allard at a reception in honor of Karmel held at Allen & Overy in November, organized by Mark Nixdorf ’13 and Jack Heinberg ’86. “This scholarship could not have been realized without the generosity of everyone who made a contribution—IBL fellows, colleagues, former students, and Allen & Overy. This scholarship will endure as testament to Professor Karmel’s distinguished career and legacy.”

Health and Policy Fellowship Created in Honor of Connie Raffa ’76

Scholarship Bequest Becomes Legacy for Linda Lamel ’76

The law firm of Arent Fox made a generous contribution in support of the Center for Health, Science and Public Policy in honor of the late Connie Raffa ’76, a pre-eminent health care lawyer and founder of the firm’s New York Health Care Group. Because of the gift, the 2017 incoming class of Health Law and Policy Fellows will be named the Connie Raffa ’76 Health Law & Policy Fellows. The gift will also be used to sponsor various programs and activities organized by the Center during the 2017-2018 academic year. The gift is a significant tribute to the career of Connie Raffa, a remarkable woman and advocate for palliative care and hospice communities. Raffa spent nearly four decades practicing law, first in the New York Special Narcotics Prosecutors Office under Hon. Sterling Johnson, Jr. ’66, then as a New York County Assistant District Attorney, and as a U.S. government lawyer. A dedicated public servant, she worked for the U.S. Department of Health and Human Services for 15 years as a senior trial attorney and assistant regional counsel in the agency’s Office of General Counsel. Raffa joined Arent Fox in 1995 and founded its New York Health Care group, advising home health agencies, hospices, physician groups, state health associations, and palliative care programs on regulatory and reimbursement issues, fraud and abuse investigations, and sanctions. “Connie worked tirelessly to raise money for palliative and hospice organizations, while providing vital pro bono legal advice,” said Andrew Silfen ’86, who was instrumental in creating this legacy scholarship. “I know she would have been very pleased and honored to have a scholarship endowed in her name giving opportunities to young lawyers to continue her good work.”

Linda Lamel ’76 was a pioneer of the women’s movement and a leader of the insurance industry. She was New York State’s first female Deputy Superintendent of Insurance and a founder of the National Organization for Women on Long Island. Lamel gave back to the Law School in myriad ways, serving as a president of the Alumni Association, and as an adjunct professor teaching insurance law for over 10 years. In her will, she left a bequest to the Law School to be used as a scholarship. Without her forethought and generous gift, the opportunity for many students to pursue law school would be completely out of reach.

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For more information about creating a scholarship, please contact Caitlin Monck, Director of Alumni Engagement and Special Programs, at caitlin.monck or 718-780-0322.



Brooklyn Law School’s Annual Fund provides support to enhance our nationally recognized programs and further expand educational opportunities for our students.

YOUR GIFT TO THE ANNUAL FUND HELPS: • Provide the flexibility to meet the changing needs of the Law School • Strengthen financial aid programs and offer more scholarships • Support budgets for student organizations • Ensure that facilities are maintained in excellent condition • Expand the faculty and support their research and scholarship

Support the Annual Fund by making a gift TODAY. Visit BROOKLAW.EDU/GIVE or call Kamille James at 718-780-7505


Class Notes 1953 S.L. Schorr, senior partner of Lewis Roca Rothgerber Christie, received the 2016 Founders Award from Greater Tucson Leadership. The award recognizes lifetime achievement for long-term community involvement and accomplishments.

1967 Alan B. Pearl has merged his practice, Alan B. Pearl & Associates, with SilvermanAcampora located in Jericho, NY. He chairs the firm’s labor and employment group, representing management in all aspects in the private and public sector, including regulatory compliance under FMLA, OSHA, FLSA, Title VII, ADA, and ADEA. Martin P. Unger is a partner in the litigation and securities practices of Wexler Burkhart Hirschberg & Unger in Garden City, NY He recently authored a guest blog, “Who is a ‘Customer’ for Purposes of FINRA Arbitration Rule 12200,” at

1968 Stuart Subotnick , CEO and president of Metromedia Company and chairman of Metromedia Bio-Science, joined the Board of Directors of Sepsis Alliance, the nation’s leading patient advocacy organization promoting sepsis awareness. Subotnick is chairman of the Brooklyn Law School Board of Trustees.

1971 Leonard DuBoff recently completed the fifth edition of his book, Art Law in a Nutshell (West Academic Publishing, 2016). The previous edition was translated into Mandarin and is being used in law schools throughout China.

P. Bruce Wright , a partner at Sutherland Asbill & Brennan, was among the inaugural inductees into the Captive Review Hall of Fame, in recognition of his significant contributions to the captive insurance industry, in which insurance companies are wholly owned and controlled by those they insure. He has consistently been recognized among the top 10 in Captive Review’s “Power 50” list and was the recipient of the 2016 Captive Insurance Companies Association Distinguished Service Award. As leader of Sutherland’s captive insurance team, Wright counsels property and casualty insurance companies on tax and insurance law issues.

1972 Alvan L. Bobrow joined Akerman as partner in the firm’s New York office, where he provides counsel on state, local, federal, and international taxation to clients in the financial services, manufacturing, e-commerce, entertainment, and media sectors. He previously served as vice president and general tax counsel for CBS.

1977 Barton S. Strock was elected 2017 president of the Weston, FL Bar Association. He is a partner at Strock & Cohen, Zipper Law Group, focusing on residential and commercial real estate transactions.

1978 Esmeralda Simmons, founder and executive director of the Center for Law and Social Justice (CLSJ) at Medgar Evers College, was honored at the Center’s 30th Anniversary Celebration and Gala in September. CLSJ provides advocacy, training, and services to people of African descent and the disenfranchised and sponsors advocacy projects and litigation in the areas of housing and employment discrimination, police-related harassment and racial violence, public education, voting rights, immigration, and United States human rights violations.

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1982 Avery Eli Okin recently celebrated 30 years as executive director of the Brooklyn Bar Association. The BBA and its foundation recognized the milestone with a reception at the Brooklyn Marriott.

1983 Francis J. Aquila , a partner at Sullivan & Cromwell, was recognized by Law360 as a Mergers and Acquisitions MVP for his work on major deals for clients including Diebold and AB InBev. It is the third time he has received this distinction. He also serves as vice chair of the Law School’s Board of Trustees.

1984 RoseAnn C. Branda became executive partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrera & Wolf. She is director of the firm’s New York City matrimonial law department and concentrates her practice exclusively in the field of family and matrimonial law. Stacy J. Kanter, a partner at Skadden, Arps, Slate, Meagher & Flom, was recognized by the New York Law Journal as one of its “Top Women in the Law.” She is co-head of Skadden’s corporate finance practice and co-chair of its global diversity committee.

1986 Mitchell D. Haddad , a member of the Sills Cummis & Gross litigation department, was named co-chair of New York real estate litigation. His practice focuses on complex real estate and commercial litigation, and he represents domestic and international companies, lenders, borrowers, owners and developers, and commercial landlords and tenants.


Victor Olds ’77 A Public Service Trailblazer

Victor Olds ’77 never planned to be a lawyer. Growing up in the Cypress Hills public housing in East New York, he dreamed of becoming an aerospace engineer. He enrolled in the aerospace program at Brooklyn Tech and attended New York University in pursuit of that career goal. But then something changed. “It was more fascinating to think of myself as an aerospace engineer than actually doing it,” he said. “I discovered I had gifts in other areas that also challenged my analytic and reasoning skills, and that I actually enjoyed more than solving equations.” While in college, Olds met and was mentored by Carl Callender, who ran a Legal Aid office in West Harlem. Callender was the first lawyer of color he had ever met. “I was able to see, through Carl’s dedication and commitment to justice, how the law could help people, many of whom were from the same types of communities where I had grown up and who were in dire need,” he recalled. “I will always be indebted to Carl for sparking my interest in a career dedicated to social justice.” Today, Olds is pioneering a new role. Last year he became the first ever chief of professional responsibility and training at the Office of the Bronx District Attorney.

The brand new role has Olds training ADAs in all areas of trial and appellate practice, as well as conducting and presiding over ethical and professional responsibility investigations. “The fact that there was no institutional position on training and ethics in any of the state’s 62 district attorneys’ offices meant that I would be the test case,” he said. “I thought, ‘If you do this properly, D.A. Darcel Clark’s office can be a model for the other 61 D.A. offices statewide.” But being first in something also carries with it significant risks. As Olds describes it, “it’s an exciting and daunting challenge, but the pressure’s definitely on!” Olds was clearly the logical choice to oversee and train his office’s 475 prosecutors—over the course of his career he truly has done it all. He spent eight years as an assistant attorney general in charge of the New York State Attorney General’s Harlem Regional Office and 12 years as an Assistant U.S. Attorney for the Southern District of New York. As a federal prosecutor, he split his time between civil and criminal matters and earned a reputation as a passionate advocate for justice. “Friends told me I was going to the dark side, because I would be the reason someone would be going to jail, but I viewed it differently,” he said. “I thought that just maybe I could be the type of prosecutor who could not only help to vindicate society when it was victimized by crime, but who could also help to ensure that those accused of crimes got a fair shake from our criminal justice system.” Olds also has served as a federal criminal defense attorney on the Southern District’s Criminal Justice Act panel as a volunteer while simultaneously working as a litigation partner for the law firm of Holland & Knight. In addition, he spent four years as senior counsel managing director and general counsel for New York City’s Bedford-Stuyvesant Legal Services office. He also did a stint as first deputy commissioner (and thereafter, acting commissioner) at the New York City Department of

Investigation, where he oversaw investigations of 345 mayoral and related NYC agencies, comprising a total workforce of more than 300,000. His current role harnesses four decades of experience and channels it into the work of teacher and mentor. In addition to conducting investigations into prosecutorial ethical breaches and violations of the rules of professional conduct, Olds oversees ADA training in all substantive and procedural areas of the law, including trial techniques. He also sits on the ethics committee of the statewide District Attorneys Association of the State of New York, which issues guidelines to prosecutors statewide on ethical and professional responsibility issues. There, he said, part of the challenge is to come up with a set of uniform principles on which all essentially agree when it comes to dealing with law enforcement authorities. “Right now, lots of D.A. offices do things differently,” he explained. “The challenge is for us all to deal with the same police force dynamics in a way that is consistent.” His experience as a student at Brooklyn Law School was life-changing. “When I saw that there were ways that I could apply my talents, help people, and earn a living at the same time, I knew I had found my calling,” Olds said. He credited Professor Gary Schultz as an inspiring mentor. “He had worked at Bed-Stuy Legal Services, and like Carl Callender, he was using his talent and training to help people in the most desperate need,” he said. Olds, currently an adjunct at Columbia Law School, spent 13 years as an adjunct professor of trial and appellate advocacy at the Law School. “I am sincerely grateful to Brooklyn Law School for giving me a sense of confidence that I could branch out into a variety of areas, including litigation, teaching, and on occasion, authoring legal articles for publications.” Olds said he is always seeking new challenges. “I never stop pursuing greater opportunities to serve.”—Andrea Strong ’94

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Gary Port , a founding partner of Port and Sava, with offices in Manhattan and Lynbrook, NY, was recognized as one of New York Law Journal’s “Lawyers Who Lead by Example” in the pro bono category. A retired U.S. Army Lieutenant Colonel, he advises soldiers on legal matters and defends those facing court martial. He runs a veterans law clinic at the Hofstra University School of Law. Gerard Romski was reappointed to the Board of Directors of the Dormitory Authority of the State of New York (DASNY). He also serves as chair of DASNY’s Finance Committee. Lee S. Sporn joined Olshan Frome Wolosky as of counsel in the firm’s intellectual property law practice, where he focuses on clients in the luxury goods, fashion, and retail industries. He was previously a senior vice president at Michael Kors Holdings Limited.

1988 Mary S. Feinstein is currently serving a detail assignment from her employer, the CIA, at the White House as director of security and counterintelligence for the National Security Council. Scott D. Middleton , a founding partner and trial attorney at Campolo, Middleton & McCormick, was appointed to the Judicial Screening Committee of the Suffolk County Bar Association. He was also elected to the Board of Directors of East End Arts, a Riverhead-based nonprofit committed to enriching the community through the arts. Middleton chairs his firm’s municipal liability and personal injury groups. Alice Fisher Rubin , a retired New York City Civil Court Judge, was inducted into the Brooklyn Jewish Historical Initiative’s Hall of Fame. She is chair of the Board of Directors of the New York City College of Technology Foundation and serves on the Board of Trustees of the Kings County Law Library.

1989 Patricia Lacy joined Wilson Elser Moskowitz Edelman & Dicker as of counsel, specializing in medical malpractice defense. Based in the firm’s White Plains, NY office, she serves physicians, hospitals, medical practices, and nursing and rehabilitation facilities.

1990 Colleen Piccone was appointed associate chief counsel for U.S. Customs & Border Protection (CBP) in New York. She oversees legal services and serves as the ethics officer in the northeast region of CBP, the nation’s largest law enforcement agency. She previously served as deputy associate chief counsel of this region from 1998 until 2015.

1991 Annette G. Hasapidis joined the American Law Society Board of Directors. Her law practice focuses on civil appeals for businesses and individuals in New York, Connecticut, and federal courts.

1992 Naftali Dembitzer became of counsel in the New York office of DLA Piper. He concentrates on federal and state tax matters with an emphasis on state and local income, sales, use, and real estate transfer tax; employment tax; and tax controversy matters. Ralph De Palma III joined Pryor Cashman as counsel in the firm’s litigation, media and entertainment, and intellectual property groups. He previously served as of counsel at Rayner Rowe and began his legal career in the business affairs department of Sony Music. He teaches entertainment law at Brooklyn Law School. Lisa Koenig, a partner in Fragomen’s New York office, recently traveled to Dilley, TX with 16 colleagues to volunteer their legal services to the CARA Detention Project that counsels women who fled the violence in the Northern Triangle Area (El Salvador,

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Guatemala, Honduras) and were detained at the South Texas Family Residential Center. Mark Weprin joined Greenberg Traurig as a shareholder in the firm’s Manhattan and Albany offices. He will lobby elected officials and advise clients on regulatory and legislative issues. Weprin previously served as New York Governor Andrew Cuomo’s deputy secretary of legislative affairs after serving for five years on the New York City Council.

1993 Andrew Dell’Olio, executive agency counsel for MTA New York City Transit, recently served as a panelist at a Practising Law Institute program on construction law. David Frey was appointed as interim Civil Court judge by New York City Mayor Bill De Blasio and has been assigned to Manhattan Criminal Court. Prior to his appointment, he served for 19 years with the Richmond County District Attorney’s Office, most recently as bureau chief of investigations. Mark M. Whitney established Whitney Law Group. Based in Marblehead, MA, his practice focuses on employment law, civil, and business litigation. Whitney was previously partner at Morgan, Brown & Joy in Boston.

1994 Jeff Gewirtz and his wife, Brooke Raphael, welcomed the arrival of their son, Eton Sam Gewirtz, in November 2016. Gewirtz is executive vice president of business affairs and chief legal and administrative officer of Brooklyn Sports & Entertainment, which oversees programming, marketing, sales, and operations for Barclays Center and Long Island’s newly renovated Nassau Coliseum. He manages and controls the NBA’s Brooklyn Nets, as well as the business operations of the NHL’s New York Islanders. Michael Levy joined the senior leadership team in the Dallas office of global investment firm Crow Holdings, where he will focus on business development,


Kathleen Warner ’92 A Mission to Make an Impact Kathleen Warner ’92 gets things done. Under her leadership, the New York City Economic Development Corporation (NYCEDC) developed and launched the first major jobs initiative of Mayor Bill de Blasio’s administration: LifeSci NYC. In December 2016, as executive vice president and managing director of the NYCEDC’s Center for Urban Innovation, Warner spearheaded the groundbreaking $500 million initiative to boost the life sciences industry that aims to create 16,000 jobs and make New York City a hub for biotech companies. “This is one of the very strongest opportunities we have for growth in our economy,” Mayor de Blasio said in a statement at the time it launched. The plan includes a $100 million applied life sciences campus, $50 million for a network of research facilities throughout the city, and $300 million in tax incentives to attract investment in life sciences businesses. Groundbreaking work is nothing new for Warner. She has spent her career working at the intersection of technology, innovation, and public service, with an eye toward entrepreneurship and inclusion. Prior to joining NYCEDC in January 2016, she was part of the founding team and COO of the Startup America Partnership, a public-private partnership created to bolster the post–financial crisis economy by supporting, catalyzing, and connecting the nation’s entrepreneurial ecosystems. Warner was deeply involved in all facets of the partnership, from building its brand; to executing a growth strategy; to working with sponsors, an all-entrepreneur board, and the key public partner: the White House. “There was this view at the time that entrepreneurship happens only in Silicon Valley, and our mission was to change that,” said Warner. For three years, Warner worked to create a national network of startups and supply them with resources to grow and scale up. She found that what fueled innovation most was the presence of a strong entrepreneurial ecosystem. “For a startup to survive and grow, it needs the density of an ecosystem,” she said. With this knowledge, she created the Startup America Regions, which supported and connected entrepreneurial communities across the nation. Key to the success of the Regions was the engagement of entrepreneurial “champions” in each of the communities, and the establishment of regular Regional Summits, which brought together entrepreneurs and experts from across the country to share best practices in cities such as Nashville, Dallas, Washington, D.C., and Chicago. It’s fitting that Warner’s recent work has been devoted to fueling innovation. From the beginning of her career, she has had the vision and drive to take her work in new and sometimes unexpected directions. After graduating from Brooklyn Law School, she clerked for Judge Allyne R. Ross in the Eastern District of New York and then spent six years as a litigator at Debevoise & Plimpton. Realizing law firm life wasn’t the best fit for her, she moved to Bear Stearns as a litigator focused on regulatory and advisory work. When the bank failed in 2008 during the financial crisis, Warner found herself at a

crossroads. She had the option to work at J.P. Morgan, which bought Bear Stearns, but a friend, Jim Himes, was running for Congress in Connecticut and offered her a fundraising job. The job would last only about six months, but Warner couldn’t let the opportunity pass. “I’m a lifelong believer in the old adage that with crisis comes opportunity,” she said. “I’ve done things where people say, ‘That’s ridiculous, you know nothing about that.’ And then I go and do it. I wake up every day and think about what impact I can make on the world.” Warner and her team outraised every other challenger nationally that year, and Himes went on to beat a 22-year incumbent. Warner then ran the new congressman’s local constituent service and outreach offices for the next two years. “One of the things I realized when deciding whether to stay with J.P. Morgan or take the leap was this: I will figure it out,” she said. “I have immense trust in my own abilities, whether ones I have already or ones I will develop. My law degree gave me the tools to do this.” Today, as the LifeSci NYC initiative gets underway around the city, Warner is seeking her next challenge. Although her work at the NYCEDC was incredibly satisfying, Warner recently left her post to pursue a new mission. “Something else is calling to me. I am not sure what it will be precisely, but it is going to be about creating that fertile ground where people feel inspired and powerful, not only individually but collectively, because that’s where things happen.” —Andrea Strong ’94

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Mathew Tully ’02 On the Front Lines In the late 1990s, Mathew Tully ’02, who was then a First Lieutenant Colonel in the U.S. Army, was working as a federal correctional officer at the Metropolitan Correctional Center when he realized something was not right. “I was given the worst shifts, given the worst days off, given the worst prisoners,” he said. Tully said he was subject to a hostile work environment because of his past and current military service. “It was all in an effort to make me resign,” he said. Since graduating from the Law School and retiring as a Lieutenant Colonel, he has devoted his career to protecting the rights of service members and veterans who have experienced discrimination in the workplace because of their military service. Today his firm, Tully Rinckey, is nationally recognized as a leader in employment discrimination litigation filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which prohibits employment discrimination based on military service. The firm has won several landmark cases, including Hernandez v. Department of the Air Force and Pucilowski v. Department of Justice, about ensuring that personnel records properly reflect military leave. Tully has also successfully argued before the U.S. Supreme Court, in the criminal defense appeal of Jackson v. United States, and he was recognized in 2015 as one of the “most influential and impactful veterans” by HillVets, a group helping veterans to advance in careers following military service. Tully grew up on Long Island and began his military career as a field artillery officer in the Reserve Officers’ Training Corps (ROTC) at Hofstra University. He dreamed of a career in politics, not law. But he saw a law degree as a gateway to a political career and enrolled in the Law School’s part-time program. Following law school, Tully and his wife moved to Hunter, NY, where he began representing friends and former colleagues who faced the same discrimination he had faced as a corrections officer. Tully brought his cases under USSERA, at that time a rarely used Gulf War-era statute. Tully was

“ Service members with civilian careers... should not suffer employment discrimination because of military service.” blazing a new trail in this area of law and his caseload grew exponentially. “Service members with civilian careers who are called to active duty to serve and protect our country should not suffer employment discrimination because of military service,” he said. “Many were coming home to find they had lost their job or that they had been denied the benefits of employment they would have earned had they not been called to service.” With a thriving employment discrimination practice, Tully grew his firm from a one-man operation to a 75-attorney firm with eight offices. His expertise also has made him a frequently sought-after legal commentator on veterans’ matters for major media outlets such as The Washington Post and on CNN, and he is a syndicated columnist for the Army Times.

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Throughout much of his legal career, Tully has also remained a devoted and active member of the military. In 2005, he was deployed to Iraq with the 42nd Infantry “Rainbow” Division and was based at Forward Operating Base Danger in Tikrit, Iraq. As division chief of operations, he was responsible for the organization and implementation of the military’s security and stability operations for the base. In 2008, he was deployed to Egypt as part of Operation Bright Star, which worked to enhance the relationship between the U.S. and the Middle East. In 2012, while deployed in Afghanistan, he was injured and suffered neurological and musculoskeletal damage. He was awarded both the Purple Heart and the Bronze Star. After nearly two decades of service, Tully retired from the military in May 2014. Tully credits Professor Emeritus Richard Farrell for his mentorship over the years as his legal practice took off. “Professor Farrell, who taught me evidence, was so helpful to me,” said Tully. “He was someone I kept in touch with after I started my own practice, and he always offered me help and guidance. I would not be where I am now without his help.” —Andrea Strong ’94


investment strategy, and broader initiatives. He was previously COO of Morgan Stanley Investment Management. Chaim Steinberger was recently elected to the Council of the American Bar Association Family Law Section. He was also appointed to the executive committee of the New York State Bar Association Family Law Section. Steinberger is a family law and divorce lawyer.

1995 Benjamin Green was appointed as an agency administrative law judge by the National Labor Relations Board (NLRB), assigned to the New York office of the Division of Judges. He was previously an administrative law judge for the Social Security Administration, and for 16 years he served as an NLRB lawyer in the board’s Las Vegas and Newark offices.

1996 Michael V. Cibella was sworn in as president of the Kings County Criminal Bar Association in January 2017. He practices criminal defense and civil litigation at the Law Offices of Michael V. Cibella in New York City. Ari Markenson joined Winston & Strawn as a healthcare partner in the firm’s New York office. He advises health care industry clients on a broad range of matters, with significant experience in the representation of health care providers and suppliers. Inge Hindriks became special counsel at Kramer Levin Naftalis & Frankel. She advises and represents developers, property owners, lenders, and investors in real estate development and construction.

1999 Herbert Block was reappointed by President Obama as a member of the U.S. Commission for the Preservation of America’s Heritage Abroad, an independent federal agency established to help preserve cultural sites in Eastern and Central

Europe associated with the heritage of U.S. citizens. Block is the principal at Montrose Strategies, a consulting firm that works with nonprofits and international Jewish organizations on a variety of projects. Colleen L. Caden , partner and chair of the immigration law group at Pryor Cashman, recently co-authored an article, “How Will a Divorce Impact a Client’s Immigration Status?” for the New York Law Journal. Dina (Kleyman) Weinstein ’12 , associate at Pryor Cashman, assisted with the preparation of the article. Caden also serves as a member of the Brooklyn Law School Alumni Association Board of Directors. Laurie A. Grasso, a partner at Hunton & Williams, was featured in a Q&A with Commercial Observer (Jan. 4, 2017), discussing how a tightening debt market made her an expert in the structuring of preferred equity investments. Her practice focuses on representing real estate private equity funds, companies, investors, and other property owners in structuring and closing real estate transactions. Kim Petersen was appointed as interim civil court judge by New York City Mayor Bill de Blasio in December 2016 and has been assigned to Brooklyn Criminal Court. She previously served as the bureau chief of Criminal Court in the Richmond County District Attorney’s Office. Steven B. Smith joined JND Corporate Restructuring as senior consultant. The company provides technology-driven claims and noticing services to companies undergoing corporate bankruptcy. Smith previously served as bankruptcy counsel in the New York office of Blank Rome.

2000 Jennifer Ilanit Gibli, previously associate general counsel and director of corporate compliance at Sharp Electronics Corporation, has joined Webcollage, Inc. as its general counsel. Webcollage is a content management platform that allows brands and manufacturers to deliver rich product content to e-commerce sites.

Gregory J. Spaun was appointed to the Board of Directors of Habitat for Humanity of Dutchess County, assisting the organization in providing affordable housing for low income families and rebuilding neighborhoods and communities. Spaun is a partner at Welby, Brady & Greenblatt, where he practices construction and commercial litigation and real estate and property litigation.

2001 David Harty was the recipient of the Lawyers Alliance for New York’s 2016 Cornerstone Award honoring outstanding pro bono legal services to nonprofits. Harty is an associate at Kaye Scholer, specializing in real estate finance, leasing, acquisitions and sales, and development rights transfers. He has volunteered his time and expertise on behalf of Goddard Riverside Community Center, one of New York City’s modern settlement houses, for the last six years. Sarah Leonard Panagiotidis and husband, Alex, welcomed their second son, Laertes Michael Panagiotidis, on Sept. 2, 2016. Sarah is senior managing director at Bondholder Communications Group.

2002 Luma S. Al-Shibib became shareholder in the New York office of Anderson Kill. She focuses her practice on insurance recovery, real estate and construction matters, and bankruptcy and corporate financial restructurings. Elizabeth M. McOmber was named counsel of Salt Lake City firm Snell & Wilmer. She concentrates her practice in product liability defense litigation and complex commercial litigation. Seth R. Merl became special counsel at Kramer Levin Naftalis & Frankel. He advises and represents public and privately held companies; private equity and hedge funds; and other financial, asset management, and real estate investment institutions in mergers, acquisitions, corporate restructurings, and securities law matters across multiple industry sectors.

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Mark F. Parise, formerly special counsel at Kramer Levin Naftalis & Frankel, joined Perkins Coie as a partner in the firm’s investment management practice. He counsels clients on governance, regulatory compliance, corporate, and transactional matters involving mutual funds, closedend funds, hedge funds, and investment advisers.

2003 Maxine S. Broderick was appointed Hempstead, NY Village Justice, presiding over civil and misdemeanor criminal matters. Judge Broderick is the immediate past president of the Amistad Long Island Black Bar Association and sits on the board of the Nassau County Women’s Bar Association. James Schiffer, an associate at Allegaert Berger & Vogel and a former independent pharmacy owner, received the NARD Ownership Award from the National Community Pharmacists Association Foundation. The award recognizes an independent pharmacist who has demonstrated excellence in the field of community pharmacy ownership.

2004 Cassandra Porter earned her Certified Information Privacy Professional/U.S. certification from the International Association of Privacy Professionals. She was recently appointed to the Consumer Privacy Ombudsman Panel for the Third Circuit and Consumer Privacy Ombudsman for the Golfsmith chapter 11 cases filed in Delaware. Porter was recognized at the 2016 Tribute to Women and Industry Awards, an international awards program of the YWCA of Union County. Christopher Ruggiero joined Cullen and Dykman as a partner in the firm’s construction litigation division in New York. He manages the firm’s construction and labor law practice groups. Ruggiero was formerly a partner at London Fischer. Dana V. Syracuse, formerly associate general counsel for the New York State Department of Financial Services, joined

Perkins Coie as senior counsel. He concentrates his practice in the blockchain, fintech, e-commerce, and financial services sectors, working on regulatory, business and product counseling, cyber and data security, and enforcement concerns.

2005 Jeremy Attie was unanimously elected as president and CEO of the New York Compensation Insurance Rating Board by its Board of Governors. He previously served as assistant counsel for labor and financial services to New York Governor Andrew Cuomo. Christopher Choi, a member of Arnold & Porter Kaye Scholer’s real estate practice, was named counsel. He focuses his practice on commercial real estate transactions. Samantha V. Ettari became special counsel at Kramer Levin Naftalis & Frankel. Her practice focuses on complex commercial litigation, with an emphasis on contract and licensing disputes, advertising litigation, securities and regulatory defense, and bankruptcy litigation. She is also a member of the firm’s cybersecurity, privacy and data protection group. Deborah Koplovitz joined Anderson Kill as a shareholder. Her practice focuses on the representation of cooperatives and condominiums, as well as commercial real estate litigation. She was previously a partner at Rosen Livingston & Cholst. Rebecca Landau became partner at Haynes and Boone. She is a member of the real estate practice group in the firm’s New York office, representing institutional and private equity lenders, owners, and operators in the financing, acquisition, and disposition of commercial real estate properties. Alex Lesman joined the Council of State Governments Justice Center as a policy analyst in the Corrections and Reentry divisions. He was previously a criminal defense and civil rights attorney.

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Errol Louis, NY1 political anchor and CNN analyst, was honored by Medgar Evers College Educational Foundation at its inaugural Pinnacle Awards and Scholarship Dinner. The award was presented in recognition of his contribution to political awareness in the city. David A. Shargel was elected partner in the trial section of Bracewell’s New York office. His litigation practice focuses on general commercial litigation, internal investigations, and white collar criminal defense. His practice also involves issues surrounding electronic discovery and data management. Charles R. Stark joined real estate and banking firm Friedberg Pinkas as a partner. He was the founder of CR Stark & Associates, a boutique real estate firm in New York.

2006 Keith J. Billotti was elected partner at Seward & Kissel, where he practices in the corporate securities group. His practice involves all aspects of corporate and U.S. securities law for clients primarily in the shipping, offshore drilling, and hedge fund industries. Susan J. Cameron joined the New York State Attorney General’s Office as an assistant attorney general in the labor bureau, where she defends labor standards in low wage industries throughout the state. She was previously a partner at Levy Ratner. Yekaterina Chernyak , an associate specializing in bankruptcy matters at Kramer Levin Naftalis & Frankel, was recognized as one of New York Law Journal’s “Lawyers Who Lead by Example” in the pro bono category. She has played a key role in obtaining asylum for more than a dozen clients. Brooke Crescenti became director of legal affairs at Gucci America. She previously served as senior legal counsel. Adam M. Dlugacz was named partner of Heidell, Pittoni, Murphy & Bach. He specializes in medical liability defense,


David Porzio ’06 An Entrepreneur Building Empathy

“ When you understand yourself better, you understand others better, and you have more diverse perspectives, which is a revenue driver.” David Porzio is a serial entrepreneur who has been immersed in the world of early stage business development since he graduated from Brooklyn Law School in 2006. He has worked at some of the top venture capital firms in New York City and nurtured a number of early stage digital agencies and software companies, but recently turned his attention to something quite different. His latest company, Translator, aims to disrupt the business world by doing something radical: building empathy. Porzio’s journey from finance to feelings began when a friend from Cornell University, Natalie Egan, founded the Philadelphia startup PeopleLinx, which uses employees’ LinkedIn profiles to generate sales. Porzio took an early position in the company while he was director of investments at MDC Partners. In 2015, when Egan came out as transgender and began the process of transitioning, she told Porzio she was launching a new business—Translator, which started as a social media site for the transgender community. Porzio loved the idea and became an early investor. Not everyone was so enthusiastic. In the process of reaching out to investors, Egan found the business world was not quite as welcoming to a transgender woman as it had been to a straight white man. Realizing the need for corporate sensitivity training,

Porzio and Egan decided that Translator would offer consulting services to help companies create cultures in which trans people could thrive. In its new form, Translator is a company built on teaching such skills as respect, trust, tolerance, collaboration, and openness. The company aims to fill a “soft skills” gap by using mobile-delivered virtual reality and artificial intelligence technologies to allow users to walk in someone else’s shoes, increasing their capacity for empathy. “What we are trying to do is translate the human experience through technology,” said Porzio, who is leveraging his experience at firms like MDC, Burch Creative Capital, and health and wellness media company mindbodygreen in this new venture. Translator uses the latest virtual reality and artificial intelligence technologies to allow employees to “feel” what it is like to be a marginalized person in a meeting where an offensive joke is told. “You are in that person’s skin, so you feel the pain of alienation, illustrated in laughter or misguided comments from others in the scene, which allows users to experience new perspectives,” explained Porzio. The company also offers an app with simple, guided identity exercises, building employees’ mastery of key concepts and strengthening development of soft skills. Translator also sends transgender people to offices to talk with employees and share their stories. “Hearing their stories is a great way to help break down barriers,” said Porzio. Building empathy, Porzio contends, does more than create a warm and fuzzy work environment—it drives business. “Disengaged employees drain more than $550 billion per year out of the U.S. economy,” he said. “When you understand yourself better, you understand others better, and you have more diverse perspectives, which is a revenue driver. You can also increase employee productivity, boost retention, and decrease company risk.” Translator already has commitments from digital consultancy Rain, the NYC Department of Education, and Venture for America, and is in talks with many Fortune 500 companies. Porzio said his experience at Brooklyn Law School was transformative. “In hindsight, I am not glad I went to law school; I am glad that I went to Brooklyn Law School,” he said. “It was the perfect school for me because entrepreneurship is in the ether there.” He cites as examples the careers of study group classmates Ilya Fishkin ’06, a Russian immigrant who started an immigration firm; Keith Billotti ’06, a trader who is now a partner at Seward & Kissel; and John Rudikoff ’06, who is now the CEO and managing director of the Center for Urban Business Entrepreneurship (CUBE). “They are not aberrations,” said Porzio. “Brooklyn Law is an entrepreneurial lawyer’s paradise.” The spirit of entrepreneurship also means that transgender sensitivity training is just the beginning for Translator. Porzio said the company will tackle race relations, implicit bias, and even divisions between the white working class and the so-called liberal elite, a significant issue in the current political climate. “One day, I hope to take this type of training to the highest levels of government,” said Porzio. “If we can teach empathy, we can change the world.” —Andrea Strong ’94

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representing hospitals, institutions, and individual health care providers in all stages of pre-trial litigation. He joined the firm in 2010, and previously served as a prosecutor in the Kings County District Attorney’s Office. Michael Kingfield became general counsel of Business Insider. He previously served as senior vice president of legal affairs. Carmen Maria Rey, deputy director of the Immigration Intervention Project at Sanctuary for Families, was featured by New York Nonprofit Media for her work on behalf of undocumented survivors of domestic and gender violence. Rey partners with government and community leaders and trains the pro bono divisions of top law firms in the intricacies of immigration law.

2007 Benjamin Battles was appointed Vermont Solicitor General by Attorney General T.J. Donovan. As solicitor general, Battles is the chief appellate lawyer for the State of Vermont. He represents the state in litigation before state and federal appellate courts, including the U.S. Supreme Court, and supervises all of the Vermont Attorney General Office’s appellate litigation. Keri S. Bruce was elevated to partner in the entertainment and media industry group at Reed Smith. Based in the firm’s New York office, she represents national and multinational clients and trade organizations in matters relating to advertising, marketing, media, promotions, trade practices, intellectual property, and technology. Richard E. Freeman III was named partner of Rheem Bell & Mermelstein, where he heads the firm’s litigation practice group. He represents individuals and businesses in New York state and federal courts, and before alternate dispute resolution panels in the United States and abroad. He was previously a senior litigation associate at the firm. Adam M. Koelsch joined the Philadelphia office of Chamberlain Hrdlicka as an associate, focusing on state and local tax

planning. He previously served as deputy city solicitor for the City of Philadelphia Law Department. Benjamin D. Moore joined Mayerson Abramowitz & Kahn, a Manhattan-based firm handling all areas of matrimonial and family law. Formerly an assistant district attorney in Bronx County and public defender at Brooklyn Defender Services, his specialty is domestic violence representation. Moore teaches trial advocacy at Brooklyn Law School. Thomas R. Vance joined Ostrow Reisin Berk & Abrams, one of Chicago’s largest public accounting firms, as senior manager and tax advisor. He was previously a tax attorney at Whyte Hirschboeck Dudek.

2008 Edward De Barbieri, formerly director of the Urban Economic Development Clinic and assistant professor of clinical law at Brooklyn Law School, was appointed director of the Community Development Clinic at Albany Law School. Adam Feimer became partner at Haynes and Boone. He is a member of the real estate practice group in the firm’s New York office, concentrating his practice in all areas of commercial real estate.

Lauren (Jones) Watkins ’08, along with Marley Watkins ’09, launched My Party Saver (, an online company selling luxury party favors and keepsakes for events such as weddings and corporate galas. They are pleased to offer discounts to fellow Brooklyn Law School graduates.

2010 Jesse Klee joined New Jersey-based Sawyer Smith Residential Brokerage as a real estate agent in the Hoboken and Jersey City market. Ilyssa London joined Hulu’s Santa Monica office as associate counsel, focusing on advertising and corporate work. Christine M. Rodriguez joined the New York office of Kasowitz Benson Torres & Friedman as a litigation associate. Rodriguez’s practice focuses primarily on complex commercial litigation. Prior to joining Kasowitz, she was principal law clerk to the Hon. Barbara R. Kapnick in the New York State Supreme Court’s Appellate Division, First Department. She also clerked for Justice Kapnick in the New York State Supreme Court, New York County, Commercial Division.


Susanne L. Flanders became partner at Fitzpatrick, Cella, Harper & Scinto, where her patent litigation practice focuses on biotechnology, chemicals, pharmaceuticals, and medical devices.

Zachary H. Klein is deputy general counsel of the New York Islanders Hockey Club, overseeing the club’s day-to-day legal affairs. He was previously an associate at Pannone Lopes Devereaux & West.

Elan A. Gershoni joined DLA Piper as an associate in the firm’s Miami office. His practice focuses on representing companies, directors, and officers in securities litigation, shareholder disputes, white collar matters, and bankruptcy proceedings. He was previously an associate at Arnstein & Lehr.

Emily G. Madden joined the Philadelphia office of Burns White as an associate attorney with a focus on defending hospitals, physicians, and other hospital staff in major medical malpractice matters.

Daniel D. Schudroff was elevated to principal of the New York office of Jackson Lewis. His practice is focused on traditional labor matters, employment litigation, and counseling.

60 • Brooklyn law notes | spring 2017 |

Alexander Victor joined Davidoff Hutcher & Citron as senior counsel to the restaurant and hospitality group, representing a variety of hospitality businesses, including hotels, restaurants, bars, and theaters, with a focus on regulatory and transactional matters.


2012 Jacqueline K. Holmes, an associate with Norris McLaughlin & Marcus in Allentown, PA, is serving a two-year term on the Northampton County Bar Association’s Board of Governors. She concentrates her practice on complex commercial litigation and general civil litigation matters. She also serves as Membership & Communication Committee Chair of the Lehigh University Young Lawyers Association. Andrew Kelly became an Assistant District Attorney in the Cayuga County District Attorney’s Office in Auburn, NY, where he prosecutes drug crimes.

Alumni Association Now Free to All Graduates The Brooklyn Law School Alumni Association Board of Directors recently voted to eliminate all membership dues. Membership in the Alumni Association—a global network of nearly 23,000 proud alumni—is now free for all graduates. Membership entitles you to a number of benefits, including library access and exclusive discounts. New benefits are continually being added, so please consult the Alumni Association’s webpage,, for current information. To request a personalized membership card for access to Law School buildings, please contact the Alumni Office at 718-780-7505, or [email protected]

2013 Dong Joo Lee, a U.S. Navy Judge Advocate, recently transferred from Norfolk, Va. to the Washington, D.C. area to work as a prosecutor at the Office of the Chief Prosecutor in the Office of Military Commissions.

2014 Lindsay K. Francis joined Keystone Law Group as an associate in the firm’s Los Angeles office. Keystone is a boutique firm focusing exclusively in probate, trust, and estate litigation and administration. Francis was previously an associate at Kirk & Simas in Santa Maria, CA. Randal John Meyer joined Sen. Rand Paul’s Washington, D.C. office as legislative counsel. He was previously a legal associate in the Cato Institute’s Center for Constitutional Studies. Lauren (Lipari) Reichardt , previously an associate at Hughes Hubbard & Reed, joined the New York office of Cooley as an associate in the firm’s business restructuring and reorganization group. Lauren married Kristopher Reichardt ’14 in September 2016. Shabri Sharma joined Ogletree Deakins as an associate, focusing her practice in employment law. She was previously an employment law clerk at NBCUniversal Media.



Arielle E. Kobetz joined Proskauer as an associate in the firm’s labor and employment law department. Based in New York City, she was previously an associate at Martin Clearwater & Bell.

Michael Hopkins joined the Chicago office of Ice Miller as an associate in the firm’s intellectual property group. A registered patent agent, he advises and represents clients in all areas of intellectual property, including patent prosecution and litigation, trademarks, and copyright.

Allyson P. Stavis, associate in Koster, Brady & Nagler’s New York City office, provided commentary for an episode of “48 Hours” on CBS News. The show featured an attempted murder trial that Stavis co-chaired.

EDITOR’S NOTE: Please send information for Class Notes and In Memoriam to [email protected], or visit to submit a class note online.

Brooklyn law notes | spring 2017 | • 61


Irving Gutin ’54

Sidney Azriliant ’63

Irving Gutin’54, who died Nov. 20 at age 84, had a long and successful career as the former head of mergers and acquisitions at manufacturing holding company Tyco International. But he was also a lifelong philanthropist and a generous and devoted supporter of the Law School. Shortly before he passed away, Gutin established the Irving and Barbara Gutin Impact Scholarship, which provides funds to help recruit talented and promising students to the Law School. “There are many good students who can’t afford to go to law school, nor does the School have the liquidity to use funds on an as-needed basis to recruit those students,” said Gutin in a recent interview with the Law School. “This gift gives the Dean and the School full discretion to spend it however they need to in order to recruit the best students.” In addition to this immediate impact scholarship, Irving and his wife also created the Joan G. Wexler Scholarship, in honor of the Dean and President Emerita of the Law School, and a second Endowed Scholarship in their son’s name. “When I attended in 1951, times were different and working part time while going to law school was a very viable thing,” Gutin said. “That has changed considerably and the cost of a legal education has gone up as well. What I learned at Brooklyn Law School was very valuable to me and one of the ways of paying that back is establishing scholarships.” After graduating from the Law School, Gutin served in the Army during the Korean War. He then led M&A at Tyco from 1979 until 2003, during which time the company grew from $200 million to $40 billion in annual sales and made the Fortune 100 list. Gutin and his wife, Barbara, lived in New Hampshire for many years, where he was Chairman of the Board of the Greater Piscataqua Community Foundation. He also served on the boards of the Greater Portsmouth Charitable Trust, Seacoast Hospice, Odyssey House Foundation, Housing Partnership, and Portsmouth Regional Hospital. In 1995, he established the Jeffrey Gutin Fund at the New Hampshire Charitable Foundation to create the Suicide Prevention Partnership, which works to reduce suicide and suicidal behavior. In 1998, the couple moved with Tyco to Boca Raton, FL, where they were very active in the community. He served on the Boards of Trustees of the Boca Raton Regional Hospital and the BRRH Foundation. The couple also supported the hospital system’s da Vinci robotic surgical system, and they contributed to the local mentoring program, Family Promise of South Palm Beach County, which assists homeless families. In addition to his wife Barbara, Irving is survived by his daughters Nina Gutin and Cheryl Elliott, and his granddaughters Brooke and Alana Elliott and Jamie Gutin.

Sidney Azriliant ’63, who died on March 9 at the age of 83, grew up in Astoria, Queens, and attended Stuyvesant High School. He served in the U.S. Army at a Strategic Air Command base near Caribou and Quebec and attended the City College of New York, graduating in 1954. He attended Brooklyn Law School and later NYU Law School for an LL.M. degree in taxation. Azriliant started his own firm, S.W. Azriliant, in 1979, representing clients on income tax planning and corporate matters, the buying and selling of real estate, and estate planning and administration. A lawyer with a strong commitment to philanthropy, Azriliant was a pioneer in the area of charitable trusts. In his City College Fund Reunion program, he wrote: “I’ve been involved in many complicated income tax and estate tax situations, and I encouraged my clients to be charitable and I set up charitable lead trusts before the legal profession had charitable lead trusts.” Azriliant’s son Evan, who graduated from the Law School in 1992 and is the treasurer and a board member of the Brooklyn Law School Alumni Association, joined him at the firm, changing its name to S&E Azriliant, where he remains a partner. “He will be forever remembered as a wonderful, loving, kind, brilliant, and decent man who was terrific father, grandfather, husband, father-in-law, uncle, brother, brother-in-law, and son,” said Evan. “He was also a great friend, attorney, and business partner to countless people who cherished and trusted his advice and confidences.” Reflecting on his life, Azriliant wrote that he had two turning points: “the first, after military service and becoming a CPA, when I decided to attend law school, and the second when I married Wendy and had a wonderful marriage and raised a great family— Evan, Janine, and Cory.” Azriliant was actively involved in his law practice and hobbies, which were coin and stamp collecting and playing bridge, and enjoyed spending time with his family, especially his children and grandchildren. He is survived by his daughter Janine, his sons Evan and Cory, his daughters-in-law Debbie and Lori and son in-law David, and his five, soon to be six, grandchildren.

62 • Brooklyn law notes | spring 2017 |


Ivan Schneider ’54 Ivan Schneider ’54, a dynamic trial lawyer and a devoted champion of Brooklyn Law School, died on Jan. 5 at the age of 85. A native of Brooklyn, Schneider was a prominent Manhattan personal injury lawyer who won more than 200 multimilliondollar verdicts and settlements for his clients during his 50-year career. Following graduation from the Law School, Schneider teamed up with classmates Arnold Kleinick ’54 and Harvey Weitz ’54 to form Schneider, Kleinick & Weitz. In 1994, the firm merged with Damashek, Godosky & Gentile to become Schneider, Kleinick, Weitz, Damashek & Shoot. In 1999, in a move that made headlines, the firm allied itself with Johnnie Cochran, the West Coast lawyer best known for defending O. J. Simpson. Among his most noteworthy cases was a civil suit against New York City on behalf of the family of New York City police officer Phillip Cardillo, who was killed in 1972 in an ambush in Harlem. During the 1980 trial, Schneider argued that the officer’s death was caused by a breakdown in communication between city officials and police officers and called former Mayor John Lindsay and top police officials to testify. The case resulted in a $3 million verdict for the Cardillo family. Schneider joined his law partners to endow the Schneider, Kleinick & Weitz Scholarship, awarded annually to a student with financial need. Schneider is survived by his partner, Philippe Dehaene, and two children, Cory and Kelly. A memorial in his honor was held at the Law School on April 13.

Jules Coven ’58 Jules Coven ’58, founding partner of Bretz & Coven and a longtime adjunct professor at Brooklyn Law School, died on Dec. 29 at the age of 82. Coven practiced immigration law for more than 30 years and was past president of the American Immigration Lawyers Association. In 1968, he argued before the U.S. Supreme Court in Cheng Fan Kwok v. INS, in which he represented a Chinese seaman who had deserted his ship and remained unlawfully in the United States. In 1997, he was the attorney of record in Matter of Yeung before the Board of Immigration Appeals, which was the first case in which a bona fide marriage stayed an order of deportation. Coven began his law career at Lebenkoff & Coven. In 1999, he formed a partnership with Eileen Bretz and Matthew L. Guadagno, combining two law firms to create Bretz & Coven. Coven appeared regularly on news programs to discuss important immigration cases and delivered lectures on the topic, and he served as an adjunct at the Law School for more than 15 years. He is survived by his wife of 59 years, Dorothy, daughters Michele Coven Wolgel and Marjorie Montag and son, Howard Coven, as well as nine grandchildren and two greatgrandchildren.



Florence Weitz Kirsch

Frank A. D’Elia

October 16, 2016

January 8, 2016

1948 Thomas A. Dent February 14, 2017

1950 Gerald Y. Mordfin August 9, 2016

1951 Alfred F. Sica

Stanley J. Haspel November 6, 2016

1960 Michael C. Duban March 17, 2016

1961 Eugene L. Stoler January 28, 2017

August 22, 2016


Harry Lorenzo

Bernard H. Fuhrman

February 19, 2017

October 5, 2016



James J. Sweeney

Elliott C. Winograd

March 27, 2016

September 26, 2016

Otto Bonaparte August 23, 2016



September 1, 2016

Mark A. Salitan July 20, 2016

Solomon Shinder

Marvin Stillman

1966 Ronald J. George

October 24, 2016

October 7, 2016

Herbert J. Slater


February 19, 2017

Gary I. Greenwald


July 19, 2016

Neil Boorstyn


March 1, 2016

Myron Wilner December 3, 2016

Charles Levin January 6, 2017

Richard G. Simon


December 24, 2016

William J. Conboy


January 30, 2017

Robert M. Donahue


September 29, 2016

Judith E. Young

Arthur Stern January 23, 2017


November 26, 2016

Michael A. Pekofsky December 16, 2016

Bernard Chodosh


September 28, 2016

Don F. Rowley

Robert E. Baum October 31, 2016

1958 Robert M. Schwarzbart

January 17, 2017

2005 John D. Lee October 17, 2016

November 18, 2016

Brooklyn law notes | spring 2017 | • 63

Closing Arguments By Professor Heidi K. Brown

Championing the Introverted Lawyer In a field of extroverts, we should make room for the quiet voices


Legal education and law practice tend to impel introverts to act like extroverts. Quiet law students and attorneys—either introverts or individuals who experience anxiety about perceived judgment in adversarial exchanges—can experience heightened stress levels, feeling that they must fake or force extroverted behavior to “cut it” in the legal profession. However, research indicates that introverted, shy, and socially anxious individuals are often extremely effective attorneys. Many quiet individuals are active listeners, methodical thinkers, creative problem solvers, empathic counselors, thoughtful writers, and influential communicators when ready to speak. Legal education and practice would benefit from acknowledging the gifts that quiet individuals offer our profession. Much has been written about introversion in recent years as it relates to other professions, but the power of quietude in the law is a newer concept that is just beginning to get attention. In 2016, the American Bar Association Young Lawyers Division and the ABA

The next step is to help quiet lawyers assess whether they naturally process complex legal concepts internally before sharing them aloud, or whether their reticence in performance-oriented events is stoked by a deep-seated fear of judgment that is heightened in the law context. Upon review, quiet individuals often discover that their internal soundtracks are playing outdated messages from previous experiences laced with criticism that no longer has any relevance in their new legal personas. Often, they also find that they instinctively take a self-protective physical stance, cutting off vital energy, blood, and oxygen flow. By acknowledging this and focusing on the positive attributes of introverted lawyers, teachers and mentors can help them reframe their mental focus and tap into their authentic voices. I teach current and future advocates how to step into each performance event with an intentionally balanced physical stance so that, like athletes, they can perform at peak levels. Post-event reflections also assist quiet advocates in adjusting their individual approach. Through this intentionally incremental process, “ Quiet individuals often discover that their quiet law students and lawyers are not practicing internal soundtracks are playing outdated “just do it” or “fake it till you make it” techniques, but rather are purposefully and genuinely amplifymessages from previous experiences laced ing their lawyer voices, reducing naturally reactive with criticism that no longer has any relevance anxiety, and enhancing the impact of their speech. All lawyers must be able to converse about the in their new legal personas.” law and interact with clients, colleagues, and decision makers with vigor. However, our profession Journal hosted a webinar discussing the potential impact of introver- should not gloss over the palpable stress ignited in introverted, shy, sion in the legal profession. Although public speaking anxiety is not and socially anxious individuals when they are thrust into perforoften overtly addressed in legal environments, in 2016, Professor mance-oriented events without sufficient context and guidance. Carrie Teitcher and I held a workshop for more than 30 attorneys, These individuals often fear coming forward and asking for help, from associates to senior partners, during a Women’s Leadership thinking that introversion or nervousness connotes weakness. Initiative meeting at Pryor Cashman, focusing in part on the underWorking together, we can change that misperception. lying drivers of public speaking anxiety and how to approach legal communications with strength and purpose. At Brooklyn Law School, oral advocacy anxiety workshops held Professor Heidi K. Brown is associate professor of law and director by the Legal Writing Program during the spring semester in advance of the Legal Writing Program at Brooklyn Law School. She is a of the 1L oral argument assignment help students who need supformer litigator in the construction industry, and a graduate of port in managing mental and physical manifestations of trepidation the University of Virginia School of Law. Having struggled with during legal exchanges. These students are deeply committed to extreme public speaking anxiety and the perceived pressure to their legal studies and many are fantastically strong legal writers. force an extroverted persona throughout law school and nearly two They invest significant, substantive preparation in every law-based decades of law practice, she finally embraced her introversion and intellectual encounter. Through the workshops, we acknowledge quiet nature as a powerful asset in teaching and practicing law. She that law-related performance-driven experiences can indeed be is a prolific author on this topic. Her works include The Introverted more nerve-wracking for some advocates than others, and then Lawyer: A Seven-Step Journey Toward Authentically Empowered emphasize that this does not mean these lawyers are not cut out Advocacy (Ankerwycke Books 2017) and a two-volume legal writing for the practice of law. book series, The Mindful Legal Writer (Aspen Law and Business 2016).

64 • Brooklyn law notes | spring 2017 |

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