New York City Bar Association Podcast

Latest Episodes:

Digital Revolutions in Mobility Feb 26, 2024

Show notes

Flying cars and vertipads. Electric cars filling the streets with a charging station on every block. That’s the not-so-distant future and the experts are getting serious about preparing for it. How will the grid accommodate all of these new draws on electricity? How will this army of new devices communicate with each other? What business models will govern our new technologies? Who will own the galaxy of new data that results? Matthew Daus, Margaret Barry, Elizabeth Stein and Lorraine McGowen from the Electronic Mobility Subcommittee of the Digital Technology Task Force tackle these and more pressing questions in this episode of the New York City Bar Podcast. Stay tuned to hear more about: • What are emerging transportation technologies? • What’s next for the proliferation of electric vehicles? • How will we need to adapt the electrical grid to accommodate all of these new technologies, and how can we ensure they are deployed equitably? • What new challenges in product liability are going to come with new electronic mobility technologies? Access a transcript of this episode here: https://bit.ly/3SReLFJ

We Need To Talk About IOLA Feb 10, 2024

Show notes

Governor Hochul has proposed transferring one hundred million dollars from the state’s IOLA account into the State General Fund. That could have cascading consequences for the State’s legal services community and the hundreds of thousands of New Yorkers that it serves. We’re here today to help you understand what IOLA is, the stakes in the governor’s budget proposal, and what lawyers and others can do to stand up for IOLA. View a transcript of this episode here: https://bit.ly/3OFrYjX Google this episode for links to the resources below. IOLA Press Release linking to Community Letter urging Governor Hochul to undo $100 million IOLA transfer. The signatories represent leading social service agencies, veterans groups, health care providers, legal organizations, and concerned citizens from across the state. IOLA Letter to Governor Hochul IOLA Board Statement New York State Bar Association Press Release NY Legal Services Coalition Testimony Network of Bar Leaders Statement New York City Bar Association Statement New York County Lawyers Association Statement

What Is the Metaverse, Really? Jan 26, 2024

Show notes

Almost everyone has heard of the metaverse and seen that word in a splashy headline. But what is it, really, and what could it become in the future? In some sense, the answer is simple and very broad: the metaverse is a new environment for people to interact, shop, play and learn, and a new environment for companies to advertise, market and sell. But the metaverse today is a new Wild West where potential for innovation is matched by potential risk factors in terms of ownership, liability, trademark and intellectual property, and much more. Jerome Walker, Flora Lau and Terry Dugan from the City Bar Digital Technology Task Force dive into the innovations and the risks that are emerging today. And they ask, with creators and companies galloping into the new frontier, where are they going and who will be in charge? Tune in to hear more about: • What is the metaverse? Why was it created? And what is the metaverse experience like? • Who are some of the leading companies in the metaverse? • Why should lawyers for example, even care about the metaverse? • New vocabulary and concepts from the metaverse. • What are the legal issues for influencers in the metaverse? How do you deal with the concept of ownership in the metaverse? Who owns the content of the metaverse? • What are the trademark and IP issues in the metaverse? • What are the product liability issues in the metaverse? • What’s next for the metaverse? Who will lead the charge to Web 3.0 and how soon will we get there? Access a transcript of this episode here: https://bit.ly/3vKCUWC

Closing The Digital Divide Jan 04, 2024

Show notes

The Digital Technology Task Force explores the crisis of unequal access to digital technologies. Robert A. Marchman and Jolevette Mitchell talk about how this huge issue can hide in plain sight, and they go over some of the existing efforts to close the gap as well as existing challenges. This episode also covers some of the pitfalls that even well-intentioned reforms must be careful to avoid. Tune in to hear more about: • What is the digital divide? Who are the communities that are affected? • What is being done at the local, state and federal level to close the digital divide? • How can existing programs be expanded, and how can existing programs better work together? • How can reform efforts avoid the possible harms implicit in the use of many technologies? Access a transcript of this episode here: https://bit.ly/48wlqvo Related Resources (NYS ConnectALL) Five-Year Action Plan - Broadband Equity, Access, and Deployment (BEAD) Program: https://on.ny.gov/3tCipLf (GAO) Broadband - National Strategy Needed to Guide Federal Efforts to Reduce Digital Divide: https://bit.ly/3vvjfK7 (City Bar) Support for Legislation Providing Internet Access to Individuals Living in Temporary Housing Throughout New York State: https://bit.ly/41S4eOL (City Bar) Help Ensure Internet Access for New Yorkers Experiencing Homelessness: https://bit.ly/3vnKhDv

What's in Your Wallet: the CFPB Goes after Digital Wallets and Payment Apps Dec 21, 2023

Show notes

The City Bar Task Force on Digital Technologies explores the implications of the Consumer Financial Protection Bureau (CFPB)'s proposed rule on digital wallets and payment apps. After a review of the CFPB's authoritative reach, its enforcement authority, and its coordination with other regulatory agencies, we dig into the proposed rule – what its key provisions are, how its comment period was decided upon, and how it determines which entities will be affected. The group, which includes former senior CFPB officials, also discuss how attorneys could advise their clients about the CFPB entry into this space. Tune in to hear more about: • The role and power of the CFPB • The CFPB’s rulemaking, supervision and enforcement authorities • Implications of the CFPB's proposed rule on digital wallets and payment apps • Lessons from previous CFPB supervision of larger participants Access a transcript of this episode here: https://bityl.co/N6zc

Marybeth Peters: Renaissance Woman of Copyright Dec 12, 2023

Show notes

Lawyer. Leader. Public Servant. Trailblazer. Friend. Marybeth Peters, the second-longest serving Register of Copyrights (1994 - 2010), died on September 29, 2022, in Washington, D.C., at the age of 83. With her passing, Register Peters left behind a lasting and far-reaching legacy in her storied 40-plus year career as a distinguished attorney, respected copyright law expert, and the director of the U.S. Copyright Office, where she helped shape and implement critical new laws, including the 1998 Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, and the Uruguay Round Agreements Act among others. In addition, Register Peters was remembered as a mentor, teacher, and friend who touched the lives of everyone around her with grace and her unforgettable laugh. Presented by the New York City Bar Copyright and Literary Property Committee, committee members Theodora Fleurant, a trademark attorney based in New York City, and Jose Landivar, an Associate at Coates IP, lead an unforgettable series of conversations with some of the people closest to Register Peters to look back on her life and legacy, including: • Shira Perlmutter, the current Register of Copyrights and Director of the U.S. Copyright Office • Maria Pallante, President and CEO of the Association of American Publishers who formerly served as the 12th Register of Copyrights • Richard Dannay, Counsel at Cowan, Liebowitz & Latman, P.C. • Eric Schwartz, Partner at Mitchell Silberberg & Knupp LLP, and former Acting General Counsel and Senior Legal Advisor to the Register of Copyrights • David Carson, current Copyright Office Claims Officer who, formerly served as head of the Copyright Policy Team in the Ofﬁce of Policy and International Affairs at the U.S. Patent and Trademark Ofﬁce and as General Counsel of the U.S. Copyright Office This podcast paints a fascinating portrait of a leading U.S. and international copyright law expert. It seeks to inspire listeners with lessons in leadership, courage, innovation, and dedicated public service. This podcast would not have been possible without the support of the U.S. Copyright Office (https://www.copyright.gov/) and audio provided by the Copyright Clearance Center. Photo: Courtesy of the U.S. Copyright Office. Access a transcript of this episode here: https://bityl.co/MvSf

Is AI in Litigation Ready for Primetime? (U.S. v. Michel) Nov 30, 2023

Show notes

The City Bar’s Working Group on Judicial Administration and Artificial Intelligence is back to get into a recent headline-making case of AI allegedly misused in the courtroom. Harut Minasian, Stuart Levi, Richard Hong and David Zaslowsky break down the recent news about the US v. Michel: bad use of AI, or just plain bad lawyering? They discuss how AI can be used as a valuable tool in the legal toolkit for some tasks, but highlight the need for understanding the functionality, reliability, and limitations of AI technology. But whether or not AI can be reliably used today in some limited ways, the real question is: is AI ready for primetime? Tune in to hear more about: • Is the ineffective assistance of counsel claim in US v. Michel likely to succeed? • How should lawyers disclose to clients the AI tools that they do use? • Is using AI really so different from using other ‘new’ technologies like Lexis and Westlaw? Is it different from asking a Partner with specialized knowledge for input? • Will it ever be the case that NOT using AI will be grounds for professional misconduct? Access a transcript of this episode here: https://bityl.co/MfRf

The United Nations Global Compact Nov 21, 2023

Show notes

In this episode of the New York City Bar Association podcast, members of the United Nations Committee – Shubha Chandra, Yveline Dalmacy, Karl Fisher and Sophia Murashkovsky Romma – discuss the Association's recent membership in the UN Global Compact. The conversation touches upon the Global Compact's mission, its fundamental principles, and the broader implications of the partnership for the Bar Association and its members. Ensuring respect for justice, human rights, corporate sustainability, and adhering to the rule of law are important aspects underlined in the discussion. The episode also elaborates on the potential benefits for members such as access to diverse training on corporate sustainability. Access a transcript of this episode here: https://bityl.co/MSo7

Updating New York's Uniform Commercial Code Nov 16, 2023

Show notes

Five members of the City Bar Digitial Technology Task Force explain the New York Uniform Commercial Code (“UCC”) amendments and their potential impact on digital assets, trade finance and electronic commerce. Sandra Rocks, Ed Smith, Eric Marcus, Neil Cohen and Lorraine McGowen explain how adopting the amendments will benefit New York and will ensure that New York remains the preferred jurisdiction for parties transacting business. Access a transcript of this recording here: https://bityl.co/MLKD

Pathway to the Profession, a Landscape of Exclusion Nov 10, 2023

Show notes

Why do you have to take the LSAT to get into law school? Is the modern Bar Exam the best way to protect the public and sort bar admission applicants? Why is the law school curriculum designed the way that it is? What does it mean to have the character and fitness to be a lawyer? Many lawyers take for granted that the answers to these questions are settled. The assumption is that these institutions help us select only the best and the brightest to enter the legal profession. In this episode of the City Bar Podcast, two academic experts help us probe those assumptions. They unpack the history, structure and outcomes of these institutions of selection. And they tease out the many interconnected ways in which the status quo functionally excludes people from underrepresented communities from entering the legal profession. Tune in to learn about: • How standardized tests that claim to predict law school success sort significantly based on economic class and race. • How the Bar Exam still in use today has historical roots in purposeful exclusion. • How Black and Latinx students get less financial aid and more debt on their paths through law school. • How legal education is largely set up to benefit people who come in knowing something about the law and “legal culture,” to the detriment of first-generation lawyers. • How character and fitness standards have historically largely reflected the bigotry and biases of the era. • How the legal profession can begin to reverse course and make these institutions work to include more people with the motivation, intelligence, skills, talent and commitment to becoming a lawyer. Resources: Sealing the Leaks: Recommendations to Diversify and Strengthen the Pipeline to the Legal Profession: https://bit.ly/3I1eNFS The Diversity Gap: Black and Latinx Representation Disparities in the Legal Pipeline: https://bit.ly/3ssibFP Building Belonging Podcast: https://apple.co/3SAgnp6 Radical Reformation: Diverse Pathways to Attorney Licensure Will Yield a More Diverse Profession: https://bit.ly/460jNEw Professor Carla Pratt’s Book – The End of the Pipeline: A Journey of Recognition for African Americans Entering the Legal Profession: https://bityl.co/LqhD Professor Joan Howarth’s Book – Shaping the Bar: The Future of Attorney Licensing: https://bityl.co/LqhC College Admissions Tests and Socioeconomic/Racial Discrimination: https://bityl.co/Lqf4 Robert J. Steinberg’s Study of Admissions Testing Efficacy: https://bit.ly/3u7nATc Examining the California Cut Score: An Empirical Analysis of Minimum Competency, Public Protection, Disparate Impact, and National Standards: https://bityl.co/Lqf6 Building a Better Bar: The Twelve Building Blocks of Minimum Competence: https://bit.ly/40xrd15 Final Report of the Testing Task Force for the NexGen Bar Exam: https://bit.ly/3QPNZ0B Lawyer Licensing Resources: Exploring Ways to License Lawyers Now and in the Future: https://bit.ly/469xb9p Access a transcript of this episode here: https://bit.ly/40wHKCa

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