standing committee - Connecticut Bar Association

CONNECTICUT BAR ASSOCIATION
2008–2009
ANNUAL REPORTS
OF COMMITTEES AND SECTIONS
TO THE CBA HOUSE OF DELEGATES
CONNECTICUT BAR ASSOCIATION
30 Bank Street
New Britain, CT 06050-0350
(860)223-4400, Fax (860)223-4488
Visit www.ctbar.org
© 2009 Connecticut Bar Association
Connecticut Bar Association
2008-2009 OFFICERS
PRESIDENT
LIVIA DEFILIPPIS BARNDOLLAR
Marvin Ferro Barndollar & Roberts LLC
New Canaan, CT
PRESIDENT-ELECT
FRANCIS J. BRADY
Murtha Cullina LLP
Hartford, CT
VICE PRESIDENT
RALPH J. MONACO
Conway & Londregan PC
New London, CT
SECRETARY
MAUREEN E. BURNS
The Pellegrino Law Firm PC
New Haven, CT
TREASURER
JUDITH ROSSI
Office of the Chief State’s Attorney
Rocky Hill, CT
ASSISTANT SECRETARY-TREASURER
DANIEL J. KRISCH
Horton Shields & Knox PC
Hartford, CT
PAST PRESIDENT
WILLIAM H. PROUT, JR.
Wiggin and Dana LLP
New Haven, CT
HOUSE OF DELEGATES
DISTRICT
1
1
2
2
2
2
3
3
4
4
5
5
5
5
6
6
7
7
8
9
9
9
9
9
9
9
10
11
11
11
12
12
12
12
12
12
12
12
12
12
12
12
12
13
13
14
15
16
16
17
NAME
*Donald C. Marchand
H. Dean Montgomery
Stephen J. Curley
Lois B. Anderson
Jennifer A. Black
Brian P. Rice
Amy L.Y. Day
*Frank W. Murphy
Susan J. Poll
Monte E. Frank
Robert B. Clark
Louise T. Truax
*James O. Gaston
James T. Shearin
*J. Michael Sconyers
Lynda Lee Arnold
Robert Nastri, Jr.
Thomas G. Parisot
*James E. Sheehy
Alice A. Bruno
William Sadek
James O. Craven
Steven J. Errante
Irene Jacobs
Carl M. Porto
Michael A. Stratton
Vacant
Anne C. Marshall
Brian M. Silver
*Lynne A. Ustach
John L. Bonee III
Michael R. Peck
Matthew J. Cholewa
Ernest J. Mattei
Barbara J. Collins
Matthew P. Hallisey
Matthew D. Gordon
Steven M. Greenspan
Thomas A. Gugliotti
Monica Lafferty Harper
Alexis N. Highsmith
Nicole A. Bernabo
Robert J. Kor
Gregory M. Harris
Janet L. Van Tassel
Mark D. Leighton
John J. McGrath, Jr.
Andrew R. Cellemme
Frederick Thor Holth
*Jeffrey F. Buebendorf
*Board of Governors member
CITY
Greenwich
Greenwich
Stamford
Stamford
Stamford
Stamford
Westport
Norwalk
Danbury
Danbury
Trumbull
Fairfield
Bridgeport
Bridgepo rt
Bantam
New Milford
Waterbury
Waterbury
Ansonia
New Haven
New Haven
New Haven
New Haven
New Haven
Hamden
New Haven
New Britain
New Britain
New Britain
Hartford
Wethersfield
Wethersfield
Hartford
Hartford
Wethersfield
Farmington
Hartford
Hartford
Hartford
Hartford
Hartford
West Hartford
Middletown
Middletown
Rockville
Willimantic
New London
New London
Norwich
TABLE OF CONTENTS
ANNUAL REPORT OF THE PRESIDENT —Livia DeFilippis Barndollar. ……………………………………….1
SECTION REPORTS
ADMINISTRATIVE LAW — Michael Kurs…………………………………………………………………......9
ANTITRUST AND TRADE REGULATION — Michael P. Shea………………………………………………….10
BUSINESS LAW — David A. Swerdloff……………………………………………………………………...11
COMMERCIAL LAW AND BANKRUPTCY — Robert E. Kaelin………………………………………………..12
CONSTRUCTION LAW — Robert J. O’Brien…………………………………………………………………12
CRIMINAL JUSTICE — Judith Rossi………………………………………………………………………….13
ELDER LAW — Judith Hoberman…………………………………………………………………………...14
ENVIRONMENTAL LAW — Nancy K. Mendel…….………………………………………………………….16
FAMILY LAW — Shirley M. Pripstein……………………………………………………………………….18
FEDERAL PRACTICE — (co-chairs) David N. Rosen and Elizabeth J. Stewart…….………………………..19
FRANCHISE LAW — Allan P. Hillman……………………………….………………………………………20
HEALTH LAW — David M. Mack…………………………………………………………………………...21
HUMAN RIGHTS AND RESPONSIBILITIES — Michelle M. Duprey.…………………………………………..21
INSURANCE LAW —Edward P. McCreery III……………………………………………………………….22
INTERNATIONAL LAW —Houston Putnam Lowry…………………………………………………………..24
LABOR AND EMPLOYMENT LAW — Alix Simonetti.……………………………………………………….25
LITIGATION —Thomas J. Rechen…………………………………………………………………………...29
PLANNING AND ZONING — Charles R. Andres……………………………………………………………...31
PUBLIC UTILITY LAW — Stephen J. Humes………………………………………………………………...33
REAL PROPERTY — Edward S. Hill………….……………………………………………………………...34
SPORTS AND ENTERTAINMENT — Daniel B. Fitzgerald……………………………………………………..35
TAX — Louis B. Schatz……………………………………………………………………………………..36
YOUNG LAWYERS — Lawrence Morizio……………………………………………………………………37
TABLE OF CONTENTS
COMMITTEE REPORTS
AFFORDABLE HOUSING AND HOMELESSNESS — Brian R. Smith…………………………………………...48
ANIMAL LAW — (co-chairs) Colette S. Griffin and Suzan M. Porto……………………………………….48
APPELLATE ADVOCACY — (co-chairs) Daniel J. Klau and Kimberly A. Knox…………………………….49
BUILDING DESIGN —(co-chairs) Donat C. Marchand and James F.
Stapleton…………………………………………………………………………………………………….51
DISABILITY LAW — Bernard L. Shapiro…………………………………………………………………….52
EDUCATION LAW —Winona W. Zimberlin…………………………………………………………………53
FEDERAL JUDICIARY — William H. Clendenen…………………………………………………………….53
INDIAN LAW — Andrew S. Houlding……………………………………………………………………….54
LAW-RELATED EDUCATION —Norman K. Janes…………………………………………………………....54
LAWYER-TO-LAWYER DISPUTE RESOLUTION — Dale P. Faulkner…………………………………………55
LEADERSHIP ACADEMY — David A. Reif ………………………………………………………………….56
LIAISON WITH THE STATE GOVERNMENT — Jay W. Jackson……………………………………………….57
PRO BONO — Ralph J. Monaco……………………………………………………………………………..58
PROFESSIONAL ETHICS — Wick R. Chambers………………………………………………………………60
PUBLIC SERVICE RECOGNITION — Barbara J. Collins………………………………………………………61
STANDARDS OF TITLE — Denis R. Caron…………………………………………………………………...61
STANDING
COMMITTEE ON PROFESSIONALISM —
Louis R.
Pepe……………………………….………………………………………………………………………..62
UNAUTHORIZED PRACTICE OF LAW — Carl M. Porto………………………………………………………63
WOMEN IN THE LAW — (co-chairs) Alice A. Bruno and Stacy Smith Walsh…………………………........64
WORKERS’ COMPENSATION CERTIFICATION — Frank A. May………………….………………………….66
ANNUAL REPORT OF THE PRESIDENT
BY
LIVIA DEFILIPPIS BARNDOLLAR
June 8, 2009
Many exciting projects were the work of the CBA this year, and some of the prior year’s initiatives were
developed further. The CBA has experienced much change in the staffing of the organization, most
notably in that we saw the retirement of our long time Executive Director, Tim Hazen, in December 2008.
At the outset of the bar year, I committed to improving membership services, addressing institutional
attacks on the judiciary and the Judicial Branch and considering adoption of ABA recommendations on
youth in crisis. Given the challenges of this year’s legislative session, particularly but not limited to the
budgetary challenges, the last of my planned initiatives remains only a plan to be taken up in the future,
with certain judges and practitioners who have committed themselves to this work. As to the other
objectives, as well as a myriad of unplanned issues, the bar year has yielded quite a bit of activity.
Some of the past bar year’s work has continued, such as the planning of the CBA Leadership Academy and
the substantial efforts of the Pro Bono Committee to confront provide foreclosure prevention assistance and
legal services for veterans.
Responses to the crisis in legal aid funding and challenges to the funding of the Judicial Branch were also
batons taken up by the CBA during the 2008-2009 Connecticut Bar Association year. Most dramatically,
the CBA joined forces with individual attorneys, as a plaintiff in the litigation against the State of
Connecticut to restore $2,000,000 slated to be removed from the Client Security Fund to mitigate the state
budget deficit for fiscal year ending June 30, 2009.
Standing Committee on a Fair and Impartial State Judiciary
Chaired by Attorney William Clendenen, this committee has already met with some resounding success.
Attorney Wes Horton, a member of the committee and his law partner, Brendon Levesque, testified at the
General Assembly the week of March 23rd against a proposed constitutional amendment and a statutory
amendment that would have infringed on the rule making authority of the Judicial Branch. Both of the
positions urged by the CBA were recognized by the Judiciary Committee and these opposed changes in the
law were not reported out of committee.
We have also served on the Chief Justice’s Implementation Plan committee concerning judicial evaluation.
Most notably, Past President Lou Pepe chairs the judicial performance evaluation subcommittee. The
Standing Committee on a Fair and Impartial State Judiciary is considering other ways that the CBA may be
able to lend a resolute hand in the judicial reappointment process, so that the process doesn’t devolve into a
political one.
The CBA House of Delegates voted on March 9, 2009, to support funding objectives of the Judicial Branch
that are basic to the preservation of a fair and impartial and co-equal Judicial Branch. The General
Assembly, as of the writing of this report, has agreed to block grant funding, which the CBA
wholeheartedly endorses.
Chief Justice Chase T. Rogers, Judge Barbara Quinn, counsel to the Governor, Anna Ficeto, and I
attended the ABA President’s Summit on a Fair and Impartial State Court Judiciary in May. This
unprecedented event, attended by 37 state court chief justices and delegates of legislators and executive
branch members from their states, included reknowned academicians, the ABA President and Presidentelect, retired state court chief justice from New York Judith Kaye, and Associate Supreme Court Justice
Sandra Day O’Connor (ret.) It is anticipated that, as a result of this summit, the CBA and the Judicial
Branch will have further cooperative efforts on its horizon this coming bar year. These programs are
designed to advance the creation and preservation of an independent and accountable state Judicial Branch.
Women in The Law
The Women in the Law Futures Task Force ably co-chaired by the Honorables Lynda Munro and Anne
Dranginis, worked throughout the 2007-2008 bar year to analyze and address the fact that women continue
to leave the legal profession in disproportionate numbers. In May 2008 the task force sponsored a highly
successful symposium on “Why Women Walk: The Female Brain Drain from the Profession and How to
Stop It.” This year the CBA’s Women in the Law Committee has carried the torch of the task force and
will celebrate its work at a conference hosted by the Young Lawyers Section in May 2009 entitled
“Pathways to Leadership for Women Lawyers.”
Leadership Academy
As our Immediate Past President William Prout reported last June, The Leadership Academy Working
Group, chaired by David Reif, thoroughly evaluated the desirability, feasibility, and logistics of creating a
CBA Leadership Academy and presented its proposal for approval to the House of Delegates at the June
2008 meeting. That proposal was approved and a newly formed Leadership Academy Committee, also
chaired by Attorney Reif, set up a structure for how the academy will operate. Committed, however, to the
development of small firm lawyers as well as large firm lawyers, the committee recommended that the
academy not initiate its first class this year, given the economic climate. The framework is in place,
however, to launch the Leadership Academy in the future in an effort to develop a diverse community of
leaders in the State bar.
Foreclosure Prevention Assistance/Veterans’ Legal Services
The CBA’s Pro Bono Committee, working closely with the Office of the Attorney General, various
committees and sections of the CBA, and other agencies, mobilized swiftly and effectively during the
winter of 2008 to respond to the substantial need for additional pro bono legal services in the foreclosure
and lending areas. This year’s Pro Bono Committee chair, Ralph Monaco, ably assisted by a
subcommittee co-chaired by Jonathan Weiner and Keith Fuller, has continued this crucial work on
foreclosure prevention assistance.
Incoming President, Francis Brady, intends to develop the CBA’s investment in legal services to veterans
in the ensuing bar year, extending the lobbying efforts in support of funding for legal services to low
income military families made by the CBA delegation at 2009 ABA Day. ABA Day is a three-day period
of grassroots lobbying by bar leaders addressed to each state’s Congressional delegation in April of every
year.
Work on these important projects is well underway and will continue during the 2009-2010 bar year and
beyond, in the finest tradition of public service by the organized Bar.
Mandatory Mentoring of Newly Admitted Lawyers
Joining with the Standing Committee on Professionalism chaired by Lou Pepe and receiving support from
the Connecticut Bar Foundation’s Fellows Education and Program Committee, the Task Force on
Mandatory Mentoring has continued its efforts to implement a mentoring program as recommended by the
Task Force to and approved by the House of Delegates. It has recently made significant progress towards
that goal when the New Haven County Bar Association agreed to partner with the task force in a pilot
program for voluntary mentoring of newly admitted lawyers in the New Haven Judicial District.
Mandatory Minimum CLE
The CBA’s proposed rules regarding minimum continuing legal education were formally submitted to the
Superior Court Rules Committee last Bar year and were further considered by the Rules Committee in the
fall of 2008. To date, minimum CLE rules have not been adopted. The CBA remains committed to
assisting Connecticut in joining the other 46 states that have some form of minimum continuing legal aid
requirements.
Task Force on Attorney Defalcations
Guided by Fred Ury, the work of this task force continued throughout the Bar year. It is currently focusing
on implementing improvements to real estate closing practices and conventions designed to stem the tide of
lawyer defalcations in this area of practice. While the issues presented are complex, the task force is
mindful of the critical importance of its mission and is determined to find effective solutions to these and
other lawyer defalcation issues, particularly given the pressures of a troubled economy.
The New, Improved CBA Law Center
Thanks to the work of the Building Design Committee, effectively co-chaired by Don Marchand and Jim
Stapleton, the renovation of the CBA Law Center is behind us. A lovely reception on April 2, 2009,
marked the reopening of the renovated CBA Law Center in New Britain, CT. This renewed, bright, and
comfortable facility is designed to serve the needs of the CBA and its members for many years to come.
Membership Services
Much of the work accomplished in this arena, is not, to use a phrase, visible to the naked eye. It is
manifested by a “can do” attitude of the staff, a 10 percent rise in membership in the last quarter, and an
enthusiasm for making the Association relevant to its members. New programs have been developed in the
last few months. Relationships with other organizations have been “dusted off” and rejuvenated. The
search for a permanent executive director is in full throttle, following the job description developed by The
Task Force on the Future of the CBA, after considering lon- range objectives for the Association. This
Task Force, chaired by Daniel Schwartz, will continue its efforts in the coming bar year to identify ways to
make the CBA more and more integral to the profession. Plans for the improvement of technological
interaction with our members are part of the Task Force’s agenda; witness the most recent launch of the
Young Lawyers Section’s Facebook page!
The CBA as Plaintiff
During this bar year, the CBA continued in its lead role as a named class action plaintiff in a constitutional
challenge to certain provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of
2005. Along with the National Association of Consumer Bankruptcy Attorneys and several individual
CBA members, the CBA joined in the challenge to aspects of the Act believed to be unconstitutional
infringements on free speech and the attorney client privilege. While successful in having several
provisions found unconstitutional in a September 2008 decision of U.S. District Court Judge Christopher
Droney, the plaintiffs were not fully victorious. The CBA is now participating in the appeal and cross
appeal of this case to the United States Second Circuit Court of Appeals. Connecticut volunteer attorneys,
in particular Barry Feigenbaum, along with prominent law school professors, will continue in this effort,
supported by creditor and consumer lawyers alike.
In March, the House of Delegates in a late Friday night meeting on short notice, voted overwhelmingly to
join as a plaintiff in the lawsuit to enjoin the transfer of $2,000,000 from the Client Security Fund to the
state’s General Fund to mitigate the deficit for this fiscal year, ending June 30, 2009. The action was
served on a Monday and by Friday legislation was voted out of the Judiciary Committee of the General
Assembly, to reverse the effects of Public Act 09-02. The CBA supported an amendment to that legislation
to refine the statute so that the trust features of the fund will be statutorily recognized and so that the client
security fund contributions stay where they belong in the future, funding redress to victims of attorney
misconduct and funding Lawyers Concerned for Lawyers. The Governor signed the amended legislation
into law on May 7, 2009. I and the CBA are being recognized for our efforts by the National Client
Protection Organization at the American Bar Association’s 25th National Forum on Client Protection at
which time we will receive what the ABA refers to as “the nation’s highest award recognizing efforts to
protect the rights of legal clients,” the Isaac Hecht Law Client Protection Award.
A Team Effort
Every outgoing President says this but it is so very true; without the many volunteers who dedicate
countless hours to the development of the profession and the law, the President of the CBA could
accomplish very little. This year, I also have to publicly acknowledge the huge commitment of the staff,
particularly over the last few months, and the virtually boundless work of Past President and acting Interim
Executive Director, Norm Janes since January. He set out on a crusade to identify problems, fix them, and
develop a structure for success of the CBA in the future. We all owe him a great debt of gratitude.
Thank you for giving me the opportunity to serve you, to have a seat at the table at the many meetings both
statewide and far flung and for helping the CBA to accomplish an impressive array of initiatives this year.
SECTION REPORTS
ADMINISTRATIVE LAW SECTION
MICHAEL KURS, CHAIR
PURPOSE
The purpose of the section is to consider administrative law matters and to promote the objectives of the
Connecticut Bar Association within the field of administrative law.
ANNUAL REPORT
The Administrative Law Section has enjoyed an active year of meetings and legislative
efforts and looks forward to the culmination of the 2008-2009 year at the Annual Meeting of the
Connecticut Bar Association where we will host a program that offers topics of interest for both newly
minted and experienced lawyers.
At our first meeting of the new year, the section heard from the Honorable Henry S. Cohn, presiding judge
of the Tax and Administrative Appeals Session of the Superior Court. The Honorable Cristine A. Vogel,
Commissioner of the Connecticut Office of Health Care Access, spoke to the section’s attendees at our
second meeting. Members of the Health Law Section joined us to hear from Commissioner Vogel. Attorney
Donna Buntaine Brewer, Section Chief, Public Hearing Office of the Connecticut Department of Public
Health, addressed our section and members of the Health Law Section who joined us at our final meeting of
the year.
The section championed two legislative efforts. We continued our support of a
demonstration project that would give Connecticut the opportunity to see how an Office of
Administrative Hearings might further the goals of affording participants in administrative
hearings due and fair process. On March 16, 2009, the Government Elections and
Administration Committee held a public hearing on Senate Bill 1117, An Act Establishing a
Demonstration Project for an Office of Administrative Hearings. On March 25, the committee
amended and favorably reported the bill. It is presently pending further action on the Senate
calendar. The CBA Administrative Law Section is continuing to work with key lawmakers,
including Senator Gayle Slossberg, co-chair of the GAE Committee, and is proposing additional
changes to the bill to improve the bill's chances of success during the 2009 legislative session.
The section also supported House Bill 5960, An Act Concerning the Posting of State
Agency Regulations on Agency Web Sites. The bill would give lawyers and the public Web
access to an agencies regulations. This is the first year in which the section gave its support to
the legislation. The proposed enactment was referred to the Government Administration &
Elections Committee. The committee did not raise the bill for a public hearing.
The section’s program at the Annual Meeting is “Different Perspectives on
Administrative Agency Proceedings and Procedures.” The program will offer insights on
different aspects of representation of clients before administrative agencies in a variety of
matters and settings. The program will include segments by the Commissioner of the
Connecticut Department of Consumer Protection, the Honorable Jerry Farrell, Jr.; the
Hononorable Joyce Krutick Craig, U.S. Administrative Law Judge (ret.); Attorney Ross
Garber of Shipman and Goodwin LLP, former chief counsel to Governors Rell and Rowland;
and Attorney Louis B. Todisco, of Murtha Cullina LLP, member of the section’s Executive
Committee.
ANTITRUST AND TRADE REGULATION SECTION
MICHAEL P. SHEA, CHAIR
PURPOSE
The purpose of the section is to promote the educational and professional objectives of the Connecticut Bar
Association within the general field of state and federal antitrust and trade regulation and related laws
pertaining to regulation of business, excluding certain aspects of recognized special fields such as banking,
utilities, and insurance.
ANNUAL REPORT
The Antitrust Section held its first meeting of the 2008-2009 year at the Quinnipiack Club on October 15.
The meeting was a joint meeting with the CBA’s Consumer Law Section. The featured speaker at the
meeting was Connecticut’s Commissioner of Consumer Protection, Jerry Farrell, Jr. Mr. Farrell discussed
the broad jurisdiction of his department, which includes responsibility not only for consumer protection but
also for liquor control and other matters. Mr. Farrell also provided valuable insights in response to
questions from attorneys about how the department resolves matters and the extent to which the department
cooperates with the Connecticut Attorney General in pursuing investigations and resolving contested cases.
The meeting was well attended by representatives of both the Antitrust and Consumer Law Sections.
Second Meeting of 2008-2009
The second meeting of the year was held at the Hartford Club on April 23, 2009. The featured speaker was
Tom Rosch, a commissioner of the Federal Trade Commission in Washington, DC. The meeting was also
a joint meeting with the Consumer Law Section.
At the meeting, Mr. Rosch gave a scholarly speech entitled “Supreme Court Jurisprudence: Will The Past
Be Prologue?” Commissioner Rosch focused on three recent decisions and orders from the U.S. Supreme
Court: (1) the Court’s February 25, 2009 linkLine decision, which rejected a “price squeeze” claim under
Section 2 of the Sherman Act; (2) the February 23, 2009 order denying the Federal Trade Commission’s
petition for certiorari in the Rambus case; and (3) the February 23, 2009 request by the Court for the views
of the U.S. Solicitor General on the certiorari petition in the American Needle case.
Commissioner Rosch commented that the Supreme Court has shown an increased interest and expertise in
antitrust law in recent years. He attributed this to the fact that several current justices have practiced or
taught in the antitrust field. Commissioner Rosch also emphasized the important role of the Solicitor
General’s Office. Citing statistics, he demonstrated that the Court virtually always follows the Solicitor
General’s recommendations in the antitrust arena—whether those recommendations concern the granting of
certiorari to hear a case or the manner in which a case should be decided on the merits. Commissioner
Rosch predicted that in the near future the Court would tackle a wide variety of antitrust issues, including
the per se tying rule, the definition of “cost” under the Brooke Group case, single product loyalty discounts
and multiple product bundling discounts, resale price maintenance standards and the manner in which
resale price maintenance claims will be analyzed in the wake of the Leegin decision, and the scope of the
Federal Trade Commission’s authority under Section 5 of the Federal Trade Commission Act.
Commissioner Rosch’s speech was posted on the FTC’s Web site shortly after the meeting.
The meeting was very well attended, with about 30 people taking in Commissioner Rosch’s remarks.
BUSINESS LAW SECTION
DAVID A. SWERDLOFF, CHAIR
PURPOSE
The purpose of the Business Law Section is “to promote the educational and professional objectives of the
Connecticut Bar Association within the general field of business organizations law, including in particular
partnership law, stock and non-stock corporation law, and securities law.” See Section 2.2 of the bylaws of
the Business Law Section. In furtherance of this purpose, the section conducts monthly meetings that are
open to the entire membership of the section. At each monthly meeting, the section endeavors to present a
program of topical interest to its members, often with guest speakers. Three times a year, these programs
take the form of mini-seminars on topics of interest to business lawyers. The section also monitors local,
regional, and national developments affecting the business laws of the State of Connecticut and, from time
to time, proposes legislative initiatives designed to keep pace with those developments. Finally, the section
serves as a resource to the legislature on business and securities law matters.
ANNUAL REPORT
The following persons served as officers of the section during 2007-2008: David A. Swerdloff, chair;
Henry M. Beck, first vice chair and legislative liaison; Kenneth B. Lerman, treasurer; and Elida Salcedo,
secretary. Committee chairs were John H. Lawrence, Programs Committee; Henry M. Beck, Corporations
Committee; Edward B. Whittemore, Securities Law Committee; Mark G. Sklarz, Partnerships and Other
Pass-Through Entities Committee; and Henry M. Beck, David I. Albin, David A. Swerdloff, Thomas Klee,
James I. Lotstein and Richard S. Smith, Jr., Legislative Committee.
This past year, the executive committee again focused on offering informative programs at our regular
monthly meetings and pursuing an active legislative agenda. Programs typically included a brief update on
recent developments in the law, including presentations by David Albin on director duties in considering a
takeover offer; Jon Hirschoff on contractual survival periods for representations and warranties in
acquisition agreements; Richard Smith on the “successor liability” doctrine in Connecticut, and Elida
Salcedo on a Delaware Supreme Court case addressing officer fiduciary duties. Principal meeting topics
included a panel on pending business legislation before the 2009 General Assembly, a panel on the impact
of the Troubled Asset Relief Program on banks in Connecticut, and a presentation by James Lotstein on
indemnification clauses. Mini-seminars included topics in mergers and acquisitions, securities law and
closely held business.
In the legislative arena, the section proposed and adopted a position in support of a bill to update the
Connecticut corporation laws and make them consistent with laws in other states that have adopted the
Model Business Corporation Act. Senate Bill No. 963, An Act Concerning the Connecticut Business
Corporation Act, included a number of amendments from the Model Act, including provisions on majority
voting for directors, householding of annual reports, and shareholder actions without a meeting. Section
Vice Chair and Legislative Liaison Henry M. Beck testified in person before the Judiciary Committee in
support of this bill. Committees also met during the year to consider updating the Connecticut Limited
Liability Company Act and the cross-entity business combination statutes.
COMMERCIAL LAW
AND BANKRUPTCY SECTION
ROBERT E. KAELIN, CHAIR
PURPOSE
The purpose of this section shall be to promote objects of the State Bar Association of Connecticut within
the field of commercial law and bankruptcy.
ANNUAL REPORT
We have been holding consecutive monthly meetings since September on a variety of bankruptcy and
commercial law topics. We held a meeting in October on “The 10 Most Helpful, Interesting, or Funny
Tidbits From Your Chapter 7 Trustees” presented by several Connecticut Chapter 7 Trustees (Thomas C.
Boscarino, Esq., Richard M. Coan, Esq. and Roberta Napolitano, Esq.).
We held our annual holiday party in December that was very well attended and in January had Judge Weil
present to the section on recent updates in the Circuit. In February, we brought in speakers from William
Blair & Company to speak on the timely topic of “Challenges in the Retail Sector: Can Retail Companies
Emerge from Bankruptcy in Today’s Environment.” In March, we were able to have a very prominent and
nationally recognized speaker, Robin Phelan, a partner with the Firm of Haynes Boone out of Dallas,
Texas, present to a packed room. Attorney Phelan is the contributor to several major treatises on
bankruptcy and has testified before both the Congressional Bankruptcy Review Commission and the United
States Congress on insolvency matters. Attorney Phelan has recently participated in a program sponsored
by the United States Department of State and the United Nations to develop model cross border insolvency
provisions and participated in a White House program to improve the United States bankruptcy system.
In April, we had Erin Dorman, Head of Workouts at Webster Bank, present on forbearance agreements,
also a timely presentation given the economy and the desire for banks to work with borrowers. We are
ending our year this month with a sneak preview of the annual updates on commercial law, business
bankruptcy law, and consumer bankruptcy law.
We are also working on a full-day presentation this coming September on Fraudulent Conveyance Law.
CONSTRUCTION LAW SECTION
ROBERT J. O’BRIEN, CHAIR
PURPOSE
The purpose of the Construction Law Section is to bring together those CBA members practicing in the
construction law field to discuss the current issues affecting this practice area, to educate that membership
on the legal issues affecting those rapidly developing topics, and to foster relationships between those
practicing attorneys and the members of the construction industry.
ANNUAL REPORT
In 2008 and 2009 the Construction Law Section continued its tradition of providing informative programs
to both its members and the construction industry at large. On November 5, 2008, the section sponsored a
presentation in association with the Construction Management Program at Central Connecticut State
University. Members of the section served as panelists and explored various issues dealing with the
important subject of getting paid on construction projects. The dinner meeting was attended by students
from the CCSU program, representatives from various sectors of the industry, and a number of lawyers
from the section. The presentation was well-received and the section looks forward to future collaborative
efforts with CCSU.
Several years ago, the section established a scholarship fund at CCSU for the benefit of students in the
Construction Management Program. The section is pleased to note that, by recently providing an additional
contribution to the existing fund, it has enabled the University to make awards to two students each
academic year rather than one.
Through the efforts of various members of the section’s executive committee the section’s annual Case
Law Summary has once again been assembled and made available online for the section. This important
and very useful compendium summarizes Connecticut court decisions issued as well as legislation enacted
during the previous year affecting the construction industry. On May 15, 2009, the section presented a
seminar at the CBA Law Center in New Britain intended to coincide with the release of this year’s
Summary. The panelists discussed the significant court rulings and legislative initiatives from 2008. This
annual presentation has become a valuable source of information for Connecticut attorneys whose practices
involve virtually any aspect of construction law.
The section is also pleased to be an active participant in the slate of programs to be presented at the CBA’s
Annual Meeting on June 8, 2009 at the Connecticut Convention Center in Hartford. Working in
conjunction with members of the Planning and Zoning Section, members of our section have developed a
program that will explore the challenges and opportunities for lawyers and clients in the emerging field of
“Green Building Construction.” It promises to be an insightful and practical discussion of the myriad of
issues faced by practitioners in this area of the law.
CRIMINAL JUSTICE SECTION
JUDITH ROSSI, CHAIR
PURPOSE
The purpose of this section shall be to promote objects of the State Bar Association of Connecticut within
the field of the administration of criminal justice.
ANNUAL REPORT
The Criminal Justice Section is charged with monitoring the entire spectrum of the administration of
criminal justice, including the rules of criminal procedure; and to work for improvements in the criminal
justice system of this state.
The section met eight times between the end of August 2008 and the end of May 2009. This year we varied
the meeting dates from the previously fixed date of the third Thursday of every month, because we realized
that our meetings were often in conflict with those of other organizations to which many of our members
belong. We also decided to move some of the meetings to new venues in addition to our old stand-by, the
Graduate Club New Haven. We have tried one new location—the Dakota Steak House in Wethersfield,
which worked out well.
We have continued the tradition of focusing our meetings around interesting and informative speakers on a
variety of topics. Dr. Michael Bourke from the Forensic Laboratory in Meriden explained the DNA
Databank. David Atkins, chair of Pullman & Comley’s Professional Liability Section, led an interactive
discussion on legal ethics. State Senator Martin Looney spoke about the judicial re-appointment process
and on pending legislation of interest to our members. Ed Mahony, investigative reporter for the Hartford
Courant, gave an account of the trial of FBI agent John Connolly. Kevin O’Connor, partner at Bracewell &
Giuliani and formerly of the Justice Department and the U.S. Attorney’s office, gave us an insider’s view
of turbulent times at the Justice Department during the tenures of U.S. Attorneys General Alberto Gonzalez
and Michael Mukasey. Chief State’s Attorney Kevin Kane and Chief Public Defender Susan Storey
discussed the state of the death penalty in Connecticut. William Carbone, executive director of the Judicial
Department’s Court Support Services Division, was the scheduled speaker for our meeting on May 28,
2009.
Other items on the agenda at our meetings included activities and initiatives of the Connecticut Bar
Association; pending legislation including proposals that would revise the attorney occupational tax,
impose a tax on legal services, and increase the penalty for the unauthorized practice of law; issues before
the Judicial Rules Committee; and changes in probation sentencing procedures.
We are exploring ways to increase membership attendance at our meetings. We have also begun
discussions of projects that our section might undertake to effectuate improvements to the criminal justice
system.
ELDER LAW SECTION
JUDITH HOBERMAN, CHAIR
PURPOSE
Members of the Elder Law Section have in 2008–2009 engaged in diverse activities designed to further the
practice of this area of law, including substantive monthly educational presentations, continuing legal
education, appointment of work groups to address topics of interest and concern, assiduous advocacy
efforts, and community education.
ANNUAL REPORT
Consistent with its prior practice, the section continued to open its monthly meetings to the entire
membership. (All meetings are noticed as executive committee meetings for voting purposes under the
section’s bylaws.) Recognizing the need to (1) equip members on major changes in Medicaid law, (2)
involve members in this year’s efforts to restructure the probate courts, and (3) keep abreast of the
evolution in long-term care policy toward community-based care, 2008-2009 topics have included:
•
•
•
•
an overview by Dawn Lambert of the Department of Social Services concerning the launch of
the Money Follows the Person program
a presentation by Connecticut Probate Administrator Paul Knierim on his goals for
restructuring the probate courts
presentations by section members on the Department of Social Services’ (DSS) proposals to
amend the Uniform Policy Manual to reflect changes in federal law made by the Deficit
Reduction Act of 2005 (DRA)
an overview by Margaret Murphy and Jocelyne Watrous of the Center for Medicare
Advocacy of new Medicare developments and the Medicare Part D prescription drug program
•
•
a presentation by Laura Snow, coordinator of the Institute on Aging and Center for Elder
Abuse Prevention at the Jewish Home for the Elderly, Fairfield
a presentation by Kevin Brophy on the role of legal services elder law programs in
Connecticut
Materials from these presentations have (or will be) posted to the Elder Law Section page of the CBA Web
site as a standing reference source.
Expanding the reach of the section’s educational activities, the Continuing Legal Education (CLE)
Committee was also active in planning two programs. Because of significant substantive changes to
Medicaid laws, the chair recognized the need for a detailed program to teach administrative advocacy skills
to practitioners who are now handling contested cases. Led by CLE Committee Co-chairs Joseph
Cipparone and Laurel Mangan, and active committee member Charles Stauffacher, the CLE Committee
developed a full-day program, “Medicaid Advocacy: The Contested Case from Application to Appeal.”
The program speakers included seasoned section members and other experts in administrative advocacy:
•
•
•
•
•
•
Attorney Lea Nordlicht Shedd – preparing the application
Attorney Kevin Brophy – the law of fair hearings
Attorney Sheldon Toubman – due process issues in fair hearings
A mock fair hearing, presented by Attorney Paul Czepiga, Attorney Stephen Allaire, Attorney
George Bickford, with various witness participants (who added much humor to the
substantive matter)
Attorney Mary Alice Moore Leonhardt – State Court Administrative Appeals
Attorney Deborah Tedford – Federal Court actions and appeals
A second CLE program is planned for the Annual Meeting in June: “Hot Topics in Elder Law.” This short
seminar will discuss new Connecticut case law, legislation involving home care for elders, the latest
proposals to improve the 2007 amendments to Connecticut’s conservatorship statutes, and the status of
Connecticut Medicaid regulations. Speakers include section members Lisa Davis, Kate McEvoy, Sandra
Sherlock-White, and Whitney Lewendon.
Section members have also given generously of their time to further several standing work groups.
•
A group first established in fall 2006 addressed implementation of the DRA by presenting
synopses of the law, liaising with DSS, and leading the advocacy effort before the legislative
Regulations Review Committee. Led by Whitney Lewendon and Judith Hoberman, members
of this group include Stephen Allaire, Lois Andrews, Julia Brown, Lisa Davis, Mark Dost,
RIchard Fisher, Steven Floman, Lea Nordlicht Shedd, Amy Todisco, and Sandra SherlockWhite.
•
Another group, which has focused on conservatorship, engaged members of the Elder Law
and Estates & Probates Sections and representatives of the legal services community in
intensive review of technical changes to legislation passed in the 2007 session that had made
significant changes to Connecticut’s conservatorship statute. Section members in this
workgroup include Lea Nordlicht Shedd, Sandra Sherlock-White, and Marilyn Denny.
Legislative and regulatory advocacy remains a strong emphasis of the section. In addition to tracking and
synopsizing bills of interest and concern to older clients and their caregivers, the section has been active in
the 2009 session in pursuing its priorities. Led by vice-chair and legislative liaison Sharon Pope, along with
legislative committee members Peter Boorman, Julia Brown, Whitney Lewendon, Esther Rada, Sandra
Sherlock-White, and Judith Hoberman, these efforts centered around concept positions approved by the
CBA:
•
support for legislative measures that increase the availability of home care services to the
elderly and disabled populations
•
•
•
support for increased staffing in nursing facilities to enhance quality of care
support the use of special needs trusts for recipients of state benefits who reside in residential
care homes
regulatory advocacy concerning pooled trusts for elderly applicants or recipients of Medicaid
During the 2009 session, section members have presented written and oral testimony at the legislature on
bills that arose concerning these concept positions. In addition, the section has also supported the
Connecticut Uniform Protective Proceedings Guardianship Act. Finally, along with members of Estates and
Probate, Elder Law Section members have been actively involved in submitting testimony and comments to
the legislative workgroup that is negotiating the details of probate court restructuring.
As noted above, section members continue to invest substantial advocacy time focused on the DRA-related
revisions to the Uniform Policy Manual that were proposed by DSS. We were assisted in that effort by
outside lobbyist Bob Shea, whose contract was extended with permission of the CBA to assist the section
in completing this important advocacy effort.
Finally, members have in 2008-2009 continued to partner with the Connecticut Appleseed Foundation and
the Quinnipiac University School of Law to offer community outreach presentations at senior centers
across Connecticut and at Quinnipiac University’s Senior Citizens Law Day. Using a consumer education
manual entitled Connecticut Elder Law Resources that was drafted by Connecticut content experts, section
members have volunteered to discuss topics including advance directives, consumer issues, housing,
payment for long-term care, estate planning, and Medicare. These efforts have afforded many low-income
older adults and their caregivers access to objective and trustworthy information regarding their legal
options.
ENVIRONMENTAL LAW SECTION
NANCY K. MENDEL, CHAIR
PURPOSE
The purpose of this section shall be to safeguard and enhance conservation and environmental quality; to
promote the objectives of the CBA relative to environmental law; to promote the practice of environmental
law, including compliance with the Rules of Professional Conduct; to foster relationships among attorneys
with an interest in conservation and environmental law; to offer opportunities for discussion of and
exchange of information about current issues; to aid in the drafting, review and interpretation of legislation
and regulations; to assist with education of the general public, the news media, and others about
conservation and environmental law; and to undertake such other activities as the section or the CBA may
deem appropriate.
ANNUAL REPORT
Executive committee meetings were held as follows:
September 17, 2008—The committee voted on the 2008–2009 slate of officers and committee chairs.
October 23, 2008—The committee voted to authorize the chair to submit a request to CTDEP to allow for a
60-day comment period for the proposed revisions to the RSRs.
February 19, 2009—The committee voted to approve the chair to request consent from CBA House of
Delegates to submit testimony and comments on draft RSRs during DEP public comment period and to
Regulations Review Committee.
May 28, 2009—The committee voted on the recommendation to the CBA of an incoming chair of the
section for 2009–2011 term and on nominations received for the 2009 Clyde O. Fisher, Jr. Award.
Section meetings and main programs were held as follows:
September 17, 2008—The section held an Organizational round table meeting
to discuss proposed revisions to the RSRs, Release Reporting Advisory Committee, beneficial reuse of
polluted soil permit and other environmental issues of interest.
October 23, 2008—The section held a panel discussion about Agency Inspection and Enforcement,
Prosecution of Violations, Penalty Negotiation entitled Environmental Enforcement: Perspectives from the
Players with Nicole Lugli, director of Office of Enforcement Policy and Coordination for DEP, John M.
Looney, Asst AG, Patricia A. Horgan, Asst. AG, and Lee D. Hoffman.
November 12, 2008—The section heard from DEP staff Jan Czeczotka and Traci Iott on key revisions to
the RSRs made by DEP since the October 2007 Draft.
December 17, 2008—The section held its annual holiday party at Spris Restaurant in Hartford.
January 27, 2009—The 2008 legislative update was held in a joint meeting with the Public Utility Law
Section with Representative Richard Roy and Senator Ed Meyer, co-chairs of the Environment Committee
addressing the top environmental priorities facing the General Assembly this session and Senator John W.
Fonfara, chair and Representative Vicki Nardello, vice-chair of the Energy and Technology Committee
addressing the top energy-related priorities facing the General Assembly this session.
February 19, 2009—Gina McCarthy, Commissioner of CTDEP made her annual address to the section.
March 25, 2009—The section held a panel discussion entitled “Finding Opportunities in Adverse
Economic Times,” with Michele Whelley, Economic Development Corporation of New Haven; Stanley A.
Gniazdowski, Realty Concepts, Inc.; and Tim Hollister.
April 30, 2009—The section held a joint meeting with the Environmental Professional Organization of
Connecticut featuring a panel discussion on the use of expert witnesses with Keith Ainsworth, Diane
Whitney, Fred Johnson, GEI Consultants; and Bob Potterton, Fuss & O'Neill.
May 28, 2009—Pat McCullough, Mark Sussman and Paul Farrell of the CTDEP will give a presentation on
the future of greenhouse gas regulation in CT and beyond.
June 2009—The section will hold its annual summer outing and presentation of the Clyde O. Fisher Award.
Other Business
The section sponsored a two-part Environmental Law CLE Seminar with the Young Lawyers Section on
October 2, 2008 and March 30, 2009 with Lee Hoffman, Greg Sharp, Chris McCormack, and members of
the Young Lawyers Environment Committee.
The chair formed the RSR Committee to assist the section with reviewing and analyzing the proposed
revisions to the Remediation Standard Regulations and to outline a position for the section to take in
support and/or in opposition to the proposed revisions, including a minority position to present to the CBA
in its request to take a section position. Members of the RSR Committee included the chair, Matthew
Ranelli, Pat McCullough, Greg Sharp, Beth Barton, Lee Hoffman, Douglas Pelham, Ann Catino, and Roger
Reynolds.
The section successfully sought approval from the CBA to take section position regarding Department of
Environmental Protection proposed revisions to the Remediation Standard Regulations, which approval
was granted by the Board of Governors at an April 13, 2009 meeting and is valid for one year.
Chair: Nancy K. Mendel
Vice-Chair: Ann Catino
Secretary: Douglas Pelham
Treasurer: Keith Ainsworth
Legislative Liaison: Matthew Ranelli
Court Watch: Loni Gardner, Jessica F. Kallipolites, Tom Armstrong (advisor)
Law School Liaison: Thomas Blatchley
Clyde O. Fisher, Jr. Award: Tim Hollister, Barbara Miller
Continuing Legal Education: Christopher McCormack, Lee Hoffman, Ann Catino
Programs Committee: Ryan McKain, Beth Bryan Critton
FAMILY LAW SECTION
SHIRLEY M. PRIPSTEIN, CHAIR
PURPOSE
The section’s purpose is to enhance the practice of family law by providing education to members of the
section, by working with the judiciary and family relations division, and by developing positions on issues
facing Connecticut’s families and family lawyers. Monthly meetings, continuing legal education seminars,
and participation in legislative initiatives have been the chief avenues for achieving our purposes.
ANNUAL REPORT
The officers of the section for the past year have been Shirley Pripstein, chair; Livia Barndollar, chair-elect;
Barry Armata, vice-chair for continuing legal education; Sharon Dornfeld, secretary; Kate Haakonsen,
treasurer; and Louise Truax, chair ex officio. The section holds monthly dinner meetings, a significant
component of which is a CLE program. Each meeting has a presentation of recent developments in family
law, two minutes from the floor for upcoming events, and other items of interest to practitioners as well as
one or more featured speakers.
This year, presentations included a panel discussion the effect of the housing bubble burst and stock market
decline on asset valuation; a presentation by Dr. Robert Horowitz on “parenting coordination” (a term of art
for the family practitioner), and a panel discussion on the pros and cons of collaborative divorce.
Our vice chair for continuing legal education, Barry Armata, has not only done a fine job arranging and
coordinating the programs for our regular meetings but also organized two programs for the Annual
Meeting: “Annual Review of Family Law” and “Connecticut Divorce Processes (alternative resolution
mechanisms).”
On November 18, 2008, Judge Linda Munro, Chief Administrative Judge, Family Division, gave an
informative discussion on her goals for her term as chief administrative judge and her view of the proper
role of a guardian ad litem for a minor child.
Since this was a long legislative session, and our legislative subcommittee—composed of Kate Haakonsen,
Edie McClure, and Shirley Pripstein—were busy evaluating and responding to the myriad of family law
legislative proposals that seem to appear every long session. Our subcommittee spends many hours in
research, meetings with legislators, testimony, and coordinating with our CBA lobbyists and other interest
groups.
Our arbitration subcommittee, chaired by Rob Zaslow, has developed a draft arbitration bill specifically for
family law. We hope to be ready with a proposal for the next legislative session.
Our film subcommittee, co-chaired by Larry Sarezky and Deborah Grover, has obtained approval from the
CBA to use $30,000 section funds for the production of a short movie on the effect of a contested custody
case on a minor child. Production is in its early stages.
We are fortunate that our section continues to have excellent attendance and participation in its monthly
meetings and seminars. I hope you will take advantage of our presentations at the Annual Meeting this
year.
FEDERAL PRACTICE SECTION
DAVID N. ROSEN; ELIZABETH J. STEWART, CO-CHAIRS
PURPOSE
The Federal Practice Section is involved with all aspects of practice in the federal courts in Connecticut.
Working closely with the federal judges, who are ex officio members of the executive committee, this
section provides a forum for consultation and dialogue between the federal bar and bench on issues of
mutual interest, including rules and practice in the federal courts, and relevant legislation. Through its
committees, the section takes an active role in shaping and commenting on legal and procedural
developments affecting federal practice.
ANNUAL REPORT
Section and executive committee meetings provided an opportunity for social interaction and professional
dialogue, often in a dinner setting, for lawyers; Circuit, District, Bankruptcy, and Magistrate Judges; and
court personnel. The active participation of the federal judiciary is a particular benefit to the section’s
practicing lawyer members.
The section began the year with a Bench-Bar Conference at St. Clement’s Castle on September 19, 2008.
The principal panel at the conference was a discussion of federal election law led by a panel of national
experts. The attendees also heard from Dean Hugh MacGill of the University of Connecticut Law School
and participated in a lively discussion about the law in the movies.
The section’s first executive committee meeting was held on October 28, 2008. We heard comments on the
District from Chief Judge Chatigny and discussed the goals for the year, which include advocating for a
judicial pay raise, educating young lawyers, increasing the involvement of the criminal bar, particularly
assistant U.S. attorneys and federal public defenders, and addressing legal services for the poor during this
economic downturn.
On December 2, 2008, we held a full section meeting. The principal agenda item was a panel of Judge
Mark Kravitz, Frank Silvestri, and Joe Garrison on proposed changes to Federal Rules 26 and 56 on expert
and summary judgment procedure, respectively.
On January 13, 2009, we held another executive committee meeting. At that meeting, we heard comments
from Chief Judge Chatigny on the state of the District, and discussed possible amendments to our bylaws,
the Annual Meeting program, and two of our goals: educating young lawyers and increasing the role of the
United States Attorneys’ Office and the Federal Public Defenders’ Office in the section.
On February 25, 2009, we had another full section meeting. We invited a speaker, Linda Greenhouse, who
was until recently The New York Times reporter covering the U.S. Supreme Court for many years. At that
meeting, the section voted to amend its bylaws and submitted those amended bylaws to the House of
Delegates for ratification.
Our next executive committee meeting was held on April 21, 2009, followed by a full section meeting on
May 19, 2009 when the section heard from former Judge Alan Nevas.
The section’s June meeting will be its traditional year-end wrap-up social event at Pine Orchard on June 16,
2009. All of our judges and their spouses and clerks are invited to be the section’s guests for a relaxing,
business-free evening.
The section will present a CLE program at the CBA Annual Meeting on June 8, 2009 on Expert Witnesses.
The officers of the section for the past year were: Elizabeth J. Stewart and David N. Rosen, co-chairs;
David Schaefer, vice-chair; Anne Louise Blanchard, secretary; and Gary Klein, treasurer. The section also
had active subcommittees that undertook a number of projects on behalf of the section. Committees and
their respective chairs were: Civil Practice/Local Rules, Patrick McHugh; Court of Appeals, David
Schaefer; Criminal Practice, Hope Seeley and Anthony Kaplan; Education and Programs, David Atkins;
Legislation, Peter L. Costas; and Bench-Bar Conference, Timothy Diemand.
FRANCHISE LAW SECTION
ALLAN P. HILLMAN, CHAIR
PURPOSE
The purpose of the Franchise Law Section is to bring together those CBA members practicing in the
franchise law field to discuss the current issues affecting this practice area, to educate that membership on
the legal issues affecting those rapidly developing topics, and to foster relationships between those
practicing attorneys and the individuals buying and selling franchises.
ANNUAL REPORT
The growing Franchise Law Section held a well-attended meeting this year on “Franchise Bankruptcies,
Chapter 11 issues, and Workouts in the Economy of 2009.” Speakers were experts in franchise bankruptcy
matters and with practical experience dealing with workouts and resolutions of economic issues in
franchising from both a business and legal perspective.
HEALTH LAW SECTION
DAVID M. MACK, CHAIR
PURPOSE
The purpose of the Health Law Section is to provide a forum for CBA members with an interest in the law
pertaining to health care. The section addresses issues such as the provision of health care services, the
regulation and licensure of health care providers (including institutional), medical malpractice and medical
jurisprudence, medical disabilities, and legislative proposals concerning these and related fields. The
section will encourage and participate in joint meetings and other activities with various sections and
committees for discussion of matters of mutual interest. In addition, the section will provide a forum in
which inter-professional cooperation can be advanced.
ANNUAL REPORT
The section continues to meet to educate its members and to address areas of concern in the dynamic field
of health care law. Members receive bills of interest being considered by the Connecticut General
Assembly. Members have had the opportunity to attend meetings of various sections on topics including
antitrust, public health hearings and the certificate of need process. Upcoming meetings are scheduled to
address the self disclosure protocol for fraud and abuse and new Medicare audit mechanisms. In the coming
year, we will continue to follow health law matters of interest to section members.
David M. Mack of Shipman & Goodwin LLP is the chair of the Health Law Section. If you have any
questions or suggestions regarding topics for future meetings, please call Attorney Mack at (860)251-5058.
HUMAN RIGHTS
AND RESPONSIBILITIES SECTION
MICHELLE M. DUPREY, CHAIR
PURPOSE
The Human Rights and Responsibilities Section focuses on the enforcement, protection, and development
of laws that safeguard the rights of individuals.
ANNUAL REPORT
The section met with a Kica Matos, Community Services Administrator for the City of New Haven, to
discuss the city’s resident ID program and the surrounding immigration issues, including ICE raids in New
Haven after the implementation of the ID program.
The section, as a member of the Connecticut Coalition of Human Rights, was involved in the planning and
presentation of a forum and celebration of the 60th anniversary of the Universal Declaration of Human
Rights at Quinnipiac University in December 2008.
The section is co-sponsoring a session at the Annual Meeting entitled “Rape and Sexual Assault as War
Crimes: A Call to Action,” that will include a discussion to address what our legal community can do to
increase awareness and respond to this important international issue.
In addition, the section took a position in favor of the abolition of the death penalty in Connecticut. The
section also worked in favor of Proposed Bill No. 899—“An Act Implementing The Guarantee Of Equal
Protection Under The Constitution Of The State For Same Sex Couples.”
INSURANCE LAW SECTION
EDWARD P. MCCREERY III, CHAIR
PURPOSE
The Insurance Law Section was created to meet the professional needs of CBA members who practice in
all areas of insurance law. The section brings together practitioners from a variety of disciplines including
litigators (representing both insurers and policyholders), insurance regulatory attorneys, and in-house
counsel. The section serves as a forum in which practitioners can exchange information on a variety of
topics related to insurance law including, but not limited to life insurance, insurance coverage issues,
property & casualty insurance, health and disability insurance, and insurance regulation.
ANNUAL REPORT
For 2008–2009, the section implemented a formal position of Case Update Reporter. This position was
filled by Charles Lee who scrutinized reported decisions from the Connecticut courts that impacted the
practice of insurance law and provided summaries of the cases to the section members.
The section’s most significant meeting during the year invited as speakers, State of Connecticut Insurance
Commissioner Thomas R. Sullivan and Mark Franklin Esq from his office. These gentlemen spoke about
insurance company insolvencies in general and the distress of the AIG company in particular. The panel
was supplemented by Attorneys Jeremiah Welch and Tobias Cushing of the firm of Saxe Doernberger &
Vita who spoke on the practical considerations a lawyer should think about if their client’s carrier becomes
financially distressed.
Commissioner Sullivan and Attorney Welch noted that first and foremost, steps should be taken to avoid
customer panic, both by the companies in distress, and by the respective insurance commissioners. They
discussed the efforts of their office to try and downplay some of the sensationalism portrayed by the press
when it comes to AIG or other carriers. They try to stick to the straight facts and point out the positives in
any particular situation. They felt that this was an important role of their office when the public read about
bankruptcies or insolvencies on a daily basis. The commissioner felt that it was important for the average
citizen to be cognizant of the fact that 90 percent of all insurance companies are financially solvent and in
good shape. He also felt it was important not to forget that the insurance industry accounts for 70,000 jobs
in Connecticut and one-fourth of all the Greater Hartford charitable giving.
The discussion of AIG focused on how the parent company got into its current financial predicament. The
commissioner noted that risky ventures such as “credit default swaps” were not previously regulated by
state insurance commissioners. He noted that some states are now looking into that possibility, as is the
SEC. The commissioner stated that it was important to remember that most of AIG’s subsidiary insurance
companies are independently in excellent condition. For example, companies such as The Hartford Steam
Boiler Company have a positive cash flow and balance statement. Some of these companies would likely
be sold off by AIG, allowing it to begin to pay back some of the federal bailout money. The commissioner
agreed with the U.S. government’s conclusion that a failure of AIG could have had devastating effects on
the U.S. economy. AIG is the #1 writer of workers’ compensation coverage in 48 states, including
Connecticut.
The manner in which the commissioner’s office reviews the financial well being of carriers under its
jurisdiction was discussed by Mark Franklin who reviewed the Risk Management Models used by his
office. Connecticut’s Insurance Commissioner’s office has 50 examiners and supplements its staff through
outsourcing. In light of the AIG situation in particular, the National Association of Insurance
Commissioners is looking into making the Risk Models even more strict. The commissioner noted that his
office has always been strict on their financial reviews of insurers and the amount and quality of cash
reserves they require. Their policy is to ask: if the insurer liquidated all of its assets tomorrow, could it pay
off all its claims? Their office limits an insurer's investment in non-traditional investments to 5 to10
percent of its assets, and no more. Despite the excellent record of regulation by many states, such as
Connecticut, and the fact that unregulated non-typical insurance products got AIG into trouble, the
commissioner expects that the AIG situation will accelerate proposals calling for the federal licensing and
regulation of insurers. He is hopeful however that any federal proposal will call for working hand-in-hand
with the state regulators.
The commissioner reviewed the state’s Guaranty Funds and how they work, but cautioned they do not
cover some insurance products such as title insurance and variable annuities. The distinctions between
CIGA (Connecticut Guaranty Association [for property & casualty coverage]) and CLHGA (Connecticut
Life & Health Guaranty Association) were discussed. In most situations, there is cap on any potential
recovery from the Guaranty funds, such as a $400,000 cap for property/casualty claims. There are also net
worth restrictions on the ability to submit claims against the funds. Rehabilitative Receivership vs.
Liquidation procedures were also discussed by the commissioner and Attorney Franklin.
Attorneys Cushing & Welch offered practical advice that section members could provide to their
clients. They identified the primary concerns a client should have in the event their carrier appears to be in
financial distress. First, they suggest that a client should determine whether their policy can be cancelled so
they can replace the coverage with another carrier. Hand-in-hand with that inquiry will be the question
of what happens to any pre-paid premium. Secondly, a client should want to know what happens to
coverage within their “tower” or “timeline” (i.e., excess or historical insurance) in the event their carrier
goes out of business. The first recommendation was to contact the insurance company involved. They felt
that most of them will be quite forthright with their customers and may offer payment plans to give the
customer some assurance that they are not at risk of loosing an entire pre-paid premium if something bad
did happen. Connecticut does not appear to have a law similar to New York’s which prohibits entire
premium forfeiture upon cancellation by the customer. It may be possible to negotiate with the carrier to
have a right to cancellation and premium refund if their rating drops below a certain level. Other
suggestions included consideration of “shadow policies” to act as a back up to the policy provided by the
at-risk insurer. Additionally, it was suggested that you can often negotiate with the excess carriers to
provide “drop down” coverage in the event the primary carrier was unable to honor their policy
obligations.
The section thanked the speakers for their informative presentation that was so packed with information
that the meeting ran well over its prescribed time limit. The section is planning on featuring Patricia
McCoy, recently appointed by the UConn Law School as the new director of its Insurance Law Center, as
its next speaker.
Bridgeport/1.1/EPM/763670v1
SECTION OF INTERNATIONAL LAW
HOUSTON PUTNAM LOWRY, CHAIR
PURPOSE
The purpose of the Section of International Law is to provide knowledgeable understanding of and practical
expertise in private international law (including international commercial law, international trade law,
international commercial arbitration, and international family law), public international law (including
international human rights law), and world peace.
ANNUAL REPORT
1.
Election of Officers:
Chair-Houston Putnam Lowry
Vice Chair—James Rollins
Vice Chair—Christina M. Storm
Vice Chair—James Byrne
Acting Secretary/Treasurer—Houston Putnam Lowry
2.
Committee Appointments:
Legislative Committee Chair—Houston Putnam Lowry
Continuing Legal Education Committee Chair—none
Publications Committee Chair—none
3.
Honorary Memberships:
Honorable Warren Eginton, Life membership
4.
Meetings with Speakers:
The section arranged the following speakers during 2008-2009:
• September 4, 2008—Habib Rahiab, Executive Director of Iran Human Rights
Documentation Center, New Haven, spoke on “Promoting a Culture of Human Rights in
Iran.”
• January 14, 2009—Edward R. Hyde, Esq., spoke on “International Pro Bono
Opportunities.”
• February 23, 2009—Neal Ossen, Connecticut Commissioner on Uniform State Laws,
spoke on “Uniform Unsworn Declarations Act.”
• March 25, 2009—Attorney Midhat H. Syed, Murtha Cullina LLP, spoke on
“Fundamental Concepts in Sharia Compliant Finance.”
• April 22, 2009—Donna Decker Morris spoke on “The Village Courts in Papua New
Guinea,” which employ community-based mediation as an integral part of the judicial
system in the only nationwide program in the world. Her presentation was based on her
observations of the village courts in August 2008.
5.
Legislative Activities:
The section took the following legislative positions, after obtaining due approval from the
Connecticut Bar Association:
•
•
•
•
•
•
•
•
•
•
•
An Act Concerning International Jurisdiction—renewal.
An Act Concerning Choice of Law with Respect to Commercial Transactions—
renewal.
2001 UNCITRAL Model Conciliation Law—renewal.
1988 UNCITRAL Bills & Notes Convention and amending protocol for early
entry into force—renewal.
1985 Hague Convention on the Law Applicable to Trusts and on Their
Recognition—renewal.
1995 UNCITRAL Convention on Standby Letters of Credit—renewal.
Convention on the Elimination of All Forms of Discrimination Against Women
and the Optional Protocol—renewal.
Law of the Sea Convention—renewal.
2005 Hague Convention on the Enforcement of Choice of Court Agreements—
new.
2005 UNCITRAL Convention on the Use of Electronic Communications in
International Contracts—new.
2005 Uniform Foreign-Country Money Judgments Recognition Act—new.
Testimony on the following bills was submitted to the Connecticut General Assembly during this
legislative year:
• Senate Bill 708—An Act Adopting the Uniform Unsworn Foreign Declarations
Act.
• Senate Bill 1088—An Act Providing Local Jurisdiction for Victims of Tortious
Conduct.
• Senate Bill 1092—An Act Concerning Choice of Law with Respect to
Commercial Transactions.
LABOR AND EMPLOYMENT LAW SECTION
ALIX SIMONETTI, CHAIR
PURPOSE
The object of this section shall be to promote participation by the Connecticut Bar Association (the
“Association”) and its members in the promulgation, study, review, and revision of the laws of the state and
nation of particular significance to employees, employers, unions and bargaining associations. The
functions of the section shall include the study, analysis, consideration, research, and investigation of legal
principles having particular significance to labor law; the promotion of the bar’s leadership in matters of
public importance affecting labor law; the publication of the section’s findings, studies and reports; the
preparation, evaluation, submission advocation, endorsement and opposing of legislation pertaining to
labor law; the presentation of programs of interest to the bar and general public; and the encouragement of
cordial relations between members of the bar and members of other professions and disciplines concerning
with labor law. See: Article I, Section 2 of the Labor and Employment Law Section Bylaws.
ANNUAL REPORT
Officers
Alix Simonetti, Chair (2008–2009)
Mickey Busca, Past Chair (2007–2008)
Joshua Hawks-Ladds, Vice Chair
Barbara Gardner, Secretary
Ursula L. Haerter, Treasurer
LABOR AND EMPLOYMENT LAW SECTION
SUBCOMMITTEES, 2008–2009
1. COLLECTIVE BARGAINING, ARBITRATION, and ADR—Peter A. Janus, Chair
2. EMPLOYMENT LAW—Nick Zaino, Chair
A. Administrative Regulation of the Workplace Group—Mark D. Soycher, Co-chair
B. Common Law & Statutory Claims Group—Nick Zaino, Co-chair
C. Employment Discrimination Group—Mary E. Kelly, Co-chair
3. RETIREMENT AND WELFARE BENEFITS—David Rintoul, Chair
4. ANNUAL REVIEW—Barbara Gardner, Chair
5. NEWSLETTER—Gabe Jiran, Chair
6. LEGISLATIVE—Mark Sommaruga, Chair
Section Meetings
Thursday, September 25, 2008, Hawthorne Inn, Berlin, CT
Executive Committee Meeting
Educational Program—Review of the Public Acts enacted through the 2008 Legislative Session
presented by the Legislative Subcommittee (Mark Sommaruga, chair; Ellen Carter, Alix
Simonetti).
CHRO Human Rights Referee Jon P. FitzGerald presented a review of and updated information on
legislative efforts to create a pilot Office of Administrative Hearings (OAH). Bills had previously
been proposed to create an OAH. It was then anticipated that a bill would again be proposed in
the 2009 Legislative Session (See SB 1117, 2009).
Jon. P. FitzGerald
Chief Human Rights Referee
Commission on Human Rights and Opportunities
21 Grand Street, Third Floor
Hartford, CT 06106
Tel.: (860)541-3430/Fax: (860)246-5265
Thursday, November 20, 2008, Hawthorne Inn, Berlin, CT
Executive Committee Meeting
No Educational Program
Thursday, January 22, 2009, Graduate Club, New Haven, CT
Executive Committee Meeting
Educational Program—Same-sex Marriage in Connecticut
Kerrigan, et al. v. Commissioner of Public Health et al., 289 Conn. 135 (Oct. 28, 2008)—A
Discussion of the Case and its Relevance.
Presented by:
Attorney Jamie L. Mills
Law Office of Jamie L. Mills
10 Columbus Boulevard
Hartford, CT 06106
Telephone: (860)278-3722
E-mail: [email protected]
Thursday, March 19, 2009, Hawthorne Inn, Berlin, CT
Executive Committee Meeting
Educational Program—Connecticut Disability-Law and Reasonable Accommodation
Curry v. Allan S. Goodman, Inc., 286 Conn. 390 (Conn., April 15, 2008).
Plaintiff’s counsel Richard Hayber discussed the Connecticut disability law holdings in the
Connecticut Supreme Court’s decision in Curry v. Allan S. Goodman, Inc., 286 Conn. 390. Robb
Wright, consultant on reasonable accommodation, spoke about reasonable accommodation and the
work he does to assist clients in providing reasonable accommodation.
Attorney Richard E. Hayber
The Hayber Law Firm, LLC
Employee Rights Advocates
221 Main Street, Suite 502
Hartford, CT 06106
Tel.: (860)522-8888/Fax: (860)218-9555
E-mail: [email protected]/Web site: www.hayberlawfirm.com
Robb D. Wright OTR/L
Wright2Work
PO Box 503
188 Norwich Ave, Suite C9
Colchester, CT 06415-0503
Tel.: (860)537-0399/Fax: (860)537-0394
E-mail: [email protected]/Web site: www.Wright2Work.Com
Thursday, May 21, 2009, Hawthorne Inn, Berlin, CT
Executive Committee Meeting
June 8, 2008 Annual Meeting
Section-sponsored Reception follows the end of the afternoon LEL Session
Legislative Activity
The section is evenly divided between plaintiff’s counsel, defense counsel, and neutrals. Therefore, is
extremely rare that the section will agree to seek authorization to take a position on a pending bill.
However, the Legislative Subcommittee actively monitors bills that are being considered by the legislature.
At the end of the annual regular legislative session and the summer special legislative session, the
Legislative Subcommittee will review the legislation enacted and report on the bills related to Labor and
Employment Law.
Events and Continuing Legal Education
October 16, 2008
The LEL Section cosponsored the 36th Annual Robert A. Fuchs Labor Law
Conference. The conference is presented by the National Labor Relations Board
and the U.S. Department of Labor. Section chair attended. It was held at:
Suffolk University Law School
120 Tremont Street
Boston, MA 02108
February 24, 2009
The LEL Section cosponsored the retirement dinner for
Peter B. Hoffman, director of the Hartford Office (Region No. 34) of the
National Labor Relations Board. (Coordinated by the Collective Bargaining,
Arbitration & ADR Subcommittee—Peter A. Janus, chair: Ursula L Haerter,
Jonathan B. Kreisberg, Peter Janus, Jaye Bailey, Tom Meiklejohn, and Karen
Jalkut).
April 24, 2009
(CLE) “FMLA, ADA, CFEPA: New Regulations, New
Responsibilities and Ongoing Uncertainties.” (Coordinated by the Employment
Law Subcommittee—Nick Zaino, chair; Mary E. Kelly, co-chair; Mark D.
Soycher, co-chair.
June 8, 2009
Annual Meeting
First Session:
“The Impact of the Obama Presidency and a Democratic Congress on the Labor
and Employment Arena”
Labor & Employment Law Track
Labor & Employment Law Section
Learn about the labor and employment law developments we have seen, and can
expect, from the new administration and a Democratic Congress, and the
significance of such developments for both plaintiff's and defense lawyers, and
their clients. The seminar will feature a panel discussion of timely and important
labor and employment law issues, regarding which every labor and employment
practitioner should be aware.
Moderator:
Lori Rittman Clark, Hinckley Allen & Snyder LLP
Panelists:
Beverly W. Garofal, Jackson Lewis LLP
Glenn A. Duhl, Siegel O’Connor O’Donnell & Beck PC
William G. Madsen, Madsen Prestley & Parenteau LLC
Kathleen Eldergill, Beck & Eldergill PC
Bernard E. Jacques, Pepe & Hazard LLP
Second Session:
“Navigating the Minefield of Investigations and Whistleblower Protections”
The panel will review, discuss and debate many issues facing employers and
employees during governmental and internal corporate
investigations. Those issues include dealing with an internal corporate
complaint; responding to a governmental or internal corporate inquiry; attorneyclient privilege; indemnity and representation undertakings; employee
suspensions and terminations; retaliation and whistleblower protections;
employee and governmental claims.
Moderator:
James M. Sconzo, partner, Jorden Burt LLP
Panelists:
Kevin O’Connor, Partner, Bracewell Guiliani
Peter Prestley, Partner, Madsen Prestley & Parenteau
Duncan MacKay, Deputy General Counsel, Northeast Utilities
Thomas Finn, Partner, Jorden Burt LLP
Other
March 16, 2009. Joshua A. Hawkes-Ladd responded on behalf of the section to Alice Gomsty and a
reporter with ABCNews.com who was developing a story for the ABCNews.com Web site regarding the
potential liability companies face when rescinding bonuses (e.g., AIG) particularly in connection with the
Connecticut Wage Act.
Young Lawyers’ Section Labor and Employment Law Committee
At the January 22, 2009 meeting, the LEL Section members determined that the LEL Section needed to
make additional efforts to reestablish its connection with the Young Lawyers’ Section’s Labor and
Employment Law Section. Since then, the LEL Section has invited members of the YLS/LE Section to the
LEL Section meetings and reorganized the Section meetings to allow for greater networking opportunities.
The LEL Section Chair has re-established connections with YLS/LE Section co-chairs: Rita B. Trivedi and
Christine Collyer. Efforts are being made to encourage YLS/LE Section members to become involved in
educational portions of the LEL Section’s section meetings. The LEL Section provided assistance to the
YLS/LE section with ideas and issues to address in a possible CLE on issues for attorneys to consider in the
economic downturn (including morale, downsizing, alternatives to layoffs, mental health effects, and
others). LEL Section members also participated in the YLS/LES Spring Event at UCONN Law School.
Rita B. Tivedi
Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597
Direct (860)275-8212/Fax: (860)275-8299
[email protected]/www.rc.com
Christine Collyer
Pullman & Comley LLC
90 State House Square
Hartford, CT 06103-3702
Tel.: (860)424-4329/Fax: (860)424-4370
[email protected]/www.pullcom.com
LITIGATION SECTION
THOMAS J. RECHEN, CHAIR
PURPOSE
Per Article I, Section 2 of the bylaws of the Litigation Section of the Connecticut Bar Association,
amended by the Board of Governors on September 16, 1996, the purpose of the Litigation Section is to
promote the objects of the Connecticut Bar Association within the field of civil justice and litigation. The
Litigation Section views that directive as requiring regular Executive Committee/Section meetings between
September and June designed to promote camaraderie, civility, legal education, and a legislative agenda
consistent with an effective and efficient civil justice system.
ANNUAL REPORT
Executive Committee/Section Meetings
1.
Meeting of the Executive Committee on May 14, 2008, including a presentation by
Monique Ferraro of Technology Forensics, LLC concerning discovery and protection of
electronic evidence.
2.
Meeting of the Executive Committee on June 25, 2008, recapping and closing out the
2007-2008 Bar Year.
3.
Meeting of the full Section on September 23, 2008, including a presentation by Justice
Peter T. Zarella concerning the work and procedure of the Superior Court Rules
Committee.
4.
Meeting of the full section on November 19, 2007, including a presentation by Sheldon
Wishnick concerning actuarial and financial analysis relative to economic issues in
litigation matters.
5.
Meeting of the full section on January 22, 2009, including a discussion of pending
legislation and a presentation by Sandy Klebanoff, Connecticut Bar Foundation, on the
status of IOLTA.
6.
Meeting of the full Section on March 5, 2009, including a discussion of pending
legislation and a presentation by the Honorable Paul Knierim, Chief Probate Court
Administrator, concerning the issues confronting the probate court system and the
reforms under discussion with respect to that system.
7.
Meeting of the full section on May 5, 2009, including a presentation by the Honorable
Arthur A. Hiller, Chief Administrative Judge, Civil Division, Superior Court concerning
the recent changes and initiatives in the administration of civil justice and the challenges
faced by the State Court system.
Continuing Legal Education Programs
1.
October 22, 2008, “Story and Telling for Lawyers” presented by Professor Richard
Krevolin, Power Story Consultants, Inc. and Jayne Amelia Larson, Communications
Coach
2.
April 3, 2009, “Global Prospective on Appellate Law” (Litigation Section was a coSponsor and presenter of the program)
3.
April 20, 2009, “A Morning with Gerry Spence”
4.
May 20, 2009, “Winning Your Trial Using Technology in the Courtroom”
Annual Meeting Programs
1.
“Film at 11:00: News, Views and Reflections of a Barrister Turned TV Broadcaster,”
presented by Manny Medrano, a reporter/anchor with KTLA News, a former Supreme
Court correspondent for ABC News, and a former federal narcotics prosecutor. Attorney
Medrano will make a presentation on news and events that have changed the fabric and
landscape of our society, specifically high profile cases, and will also talk about the inner
workings of the U. S. Supreme Court and its likely direction under the Obama
Administration.
2.
“Use of Expert Witnesses: The Dos and Don’ts,” presented by David P. Atkins and
Thomas J. Rechen (moderators) and the Honorable Christopher F. Droney, United States
District Court Judge, the Honorable Michael R. Sheldon, Superior Court Judge, and
Stewart I. Edelstein of Cohen & Wolf PC (panelists). This program is co-sponsored with
the Federal Practice Section.
PLANNING & ZONING SECTION
CHARLES R. ANDRES, CHAIR
PURPOSE
The Planning and Zoning Section has continued to emphasize its core goals, which are to educate our own
section members and the Bar in general about the changing law of land use, to educate lay members of
local land use agencies about their legal authority and responsibilities, to improve the legislative structure
within which land use decisions are made, and to foster goodwill and credibility between the Bar and the
general community.
ANNUAL REPORT
CLE SEMINARS
On September 9, 2008, our section sponsored the Third Annual Property Rights Seminar. The seminar
addressed recent developments in eminent domain and regulatory takings. The program was co-chaired
by Attorney Dwight Merriam and Robert Poliner, Ombudsman for Property Rights. The speakers
included six attorneys and an expert appraiser.
On October 16, 2008, our section conducted an all-day Advanced Land Use Seminar. The topics included
Mixed Use and Form-based Zoning; Attaching Conditions to Approvals, Extensions, Modifications and
Revocations; Historic Districts; Affordable Housing: An Update on § 8-30g and Incentive Housing
Development Legislation; Regulation of Religious Land Uses in Connecticut following Cambodian
Buddhist Society of Connecticut v. Planning & Zoning Commission; Coastal Regulation by Local
Commissions and the DEP; and Conservation Easements in the Regulatory Process. Eleven attorneys
from the section assisted with this program.
On May 12, 2009, our section sponsored “A Lawyer’s Guide to Reviewing Real Estate Appraisals.” This
program addressed how to order and understand a property appraisal report. The faculty were Attorney
Dwight Merriam and Norman Benedict, CRE, MAI.
At the CBA’s Annual Meeting in June 2009, our section is co-sponsoring, with the Construction Law
Section, a seminar, “Green Building Construction: Challenges and Opportunities for Lawyers and
Clients.” The program will present practical information on green construction for attorneys practicing in
construction, environmental, governmental, and land use. Attorneys Marjorie Shansky and Robert
Sitkowski are representing our section for this program.
MONTHLY MEETINGS
Speakers at the section’s monthly meetings have addressed a number of timely subjects. Our speakers
have included: The Honorable Thomas J. Corradino addressing the topic, “A Judge’s Perspective on the
Process of Land Use Appeals”; Representative Brendan Sharkey, discussing the proposals of the
bipartisan Smart Growth Working Group; a joint meeting with the Young Lawyers Section addressing
the topic, “Tips for Lawyers in the Land Use Practice”; Attys. John Fallon, Brian Stone, Marjorie
Shansky, and Assistant Attorney General David Wrinn discussing the Supreme Court’s recent decision,
Finley v. Inland Wetlands Commission of the Town of Orange; William Neagus and Charles Coursey
addressing “Public Relations in Land Use Battles”; Terrance Gallagher, P.E., Duke Bitsko, R.L.A.,
and Moderator Tom Cody addressing “Stormwater Management, Low Impact Development and
Evolving Regulations: What Do You Need To Know?”
LEGISLATION
The section received permission from the CBA to oppose HB 6690, An Act Concerning Municipal
Lobbying. On March 23, 2009, Eric Knapp testified on behalf of the section before the Government
Administration and Elections Committee. As a result of the efforts of Don Phillips, Eric Knapp, and Chris
Smith, the text of the bill has been modified to address most of the section’s concerns.
Our January 2009 meeting was entitled “Preview of Land Use Proposals for the 2009 Legislative
Sessions”, and featured Rep. Brendan Sharkey, co-chair, Planning & Development Committee; Bill
Ethier, chief executive officer, Homebuilders Association of Connecticut, Inc.; Chris Wood,
Government Relations Committee chair, Connecticut Chapter of the American Planning Association;
Gian Carl Casa, Connecticut Conference of Municipalities; Margaret Minor, executive director, Rivers
Alliance of Connecticut; and Don Philips, Government Relations Council, Connecticut Bar
Association. These speakers reviewed the legislative agendas for their various organizations.
COMMUNITY EDUCATION
On Saturday, March 28, 2009, the section sponsored its biannual seminar, “Connecticut Land Use Law
for Municipal Land Use Agencies, Boards and Commissions.” Over 280 local land use officials attended
this all-day seminar at Wesleyan University, featuring 12 attorneys from this section. The topics
included: Planning Commissions; Zoning Commissions; Non-Conforming Uses; Special Permit and Site
Plan Review; Zoning Board of Appeals; Wetlands Law and Procedures; Conflict of Interest and
Predisposition; Procedural Issues in the Municipal Land Use Process; Environmental Interventions;
Affordable Housing and the HOME Connecticut Program; Things to Watch Out For: Religious Uses,
Fair Housing/Disabled Persons, and Outdoor Furnaces; and Zoning and Wetlands Enforcement.
Our section has provided speakers for educational seminars for local land use commissioners sponsored
by the Center for Land Use Education and Research (CLEAR). These seminars are offered for local
land use commissioners approximately four times a year at different locations in the state. The legal
workshop for Commission members is entitled “Legal Requirements and Procedures of Land Use Decision
Making.” Richard Roberts and Ken Slater have chaired the committee organizing the speakers and the
legal materials, and Mark Branse has contributed outline materials for these seminars.
Our section is also assisting the Department of Environmental Protection with its educational programs for
local inland wetlands officials. In particular, section attorneys are addressing the topics of disqualification,
conflict of interest, and local ethics codes.
From the Chair
Thanks to the lawyers who spoke at our monthly meetings: Attorney and Representative Brendan
Sharkey; Bob Fuller, Chris Smith, Ira Bloom, Dwight Merriam, Joe Williams, Mark Branse, all of
whom provided “Tips for Lawyers in the Land Use Practice” in a joint meeting with the Young
Lawyers Sections; Attorney Dwight Merriam for his presentation of the annual “ZiPLeR Awards” at
our holiday gathering; Attorney John Fallon, Brian Stone, Marjorie Shansky, and David Wrinn in
addressing the Finley v. Inland Wetlands Commission Supreme Court decision; Attorney Tom Cody at
our April meeting on stormwater management; Attorney Bob Sitowski and Marjorie Shansky
discussing Green Building regulation at our May meeting and the June CBA meeting. Thanks also to
Dwight Merriam for organizing the third annual Property Rights seminar and the seminar “A Lawyer’s
Guide to Reviewing Real Estate Appraisals.” Finally, thanks to the attorneys who prepared outlines in
the Advanced Land Use CLE Seminar and the Wesleyan seminar for local land use officials: Timothy
Bates, Robert Sitowski, Mark Branse, John Bradley, Jr., Ira Bloom, Matthew Ranelli, Dwight Merriam,
Robert Fuller, Michael Zizka, Gregory Sharp, Kenneth Slater, Chris Smith, Brian Smith, Joseph
Capossela, Austin Wolf, Janet Brooks, and Jane Friedman.
PUBLIC UTILITY LAW SECTION
STEPHEN J. HUMES, CHAIR
PURPOSE
The Public Utility Law Section was established to address matters of substantive law involving the
regulation of public utilities as well as administrative aspects of practice before the Connecticut
Department of Public Utility Control (“DPUC”). The section’s continuing goals are: (1) to promote
communication among members of the bar involved in public utility law, (2) to promote an exchange of
ideas relating to the practice of public utility law, (3) to provide a mechanism for education of the bar and
the public on utility matters, and (4) to seek opportunities to improve the public utility regulatory process.
ANNUAL REPORT
Officers
Stephen J. Humes, Chair
Michael Kozlik, Vice Chair
Scott Myers, Secretary
Lee Hoffman, Treasurer
Burt Cohen, Legislative Liaison
Meetings
November 19, 2008: The Regional Greenhouse Gas Initiative: Background, Current Status, and Going
Forward Expectations and Issues.
January 27, 2009: Honorable Richard Roy, co-chair, Environment Committee; Honorable Edward Meyer,
Assistant Majority Leader, co-chair, Environment Committee; Honorable John Fonfara, Deputy Majority
Leader, co-chair, Energy and Technology Committee; Honorable Vickie Orsini Nardello, committee cochair, Energy and Technology on 2009 Legislative Update
February 19, 2009: Gina McCarthy, Commissioner of the Connecticut Department of Environmental
Protection, re: Annual Address to the Environmental Law Section
March 26, 2009: DPUC Commissioners Amalia Bzdyra and Kevin DelGobbo. In addition, former DPUC
Commissioner Anne George accepting gesture of section appreciation and recognition of years of service
as DPUC Commissioner.
REAL PROPERTY SECTION
EDWARD S. HILL, CHAIR
PURPOSE
The purpose of the Real Property Section is to promote the educational and professional objectives of the
Connecticut Bar Association within the field of real property law. The section provides a forum at
executive committee and section meetings throughout the year for the exchange of information and ideas
relative to real property issues, concerns and transactions, both residential and commercial. The section also
welcomes consideration and discussion of issues related to conveyancing, mortgages, land use, title
insurance, and other matters of interest to the real estate bar.
ANNUAL REPORT
The Real Property Section, one of the largest and most active sections in the Connecticut Bar Association,
presented a series of programs at its monthly meetings to provide professional development to its members.
The monthly meeting programs dealt with: features of sustainability: green buildings and green
development, consideration of the Uniform Assignment of Rents Act, an overview of Public Act 08-176
(“An Act Concerning Responsible Lending and Economic Security”) dealing with lending practices and
mortgage foreclosures, market forecasts for residential and commercial real estate, issues relating to resales of moderate income and affordable housing units, a primer on short sales (sales of residential property
where the sales price is less than the mortgage), and an introduction to civil collaborative law as another
alternate dispute resolution method.
The Legislative Committee made up of Matthew Cholewa and Edward Rosenblatt monitored legislation of
interest to real estate attorneys and led discussions and evaluations of proposed legislation including
proposals to deal with the unauthorized practice of law, sales taxes on legal services, and changes to the
Common Interest Ownership Act.
The section voted to award a prize of $1,500 each to a law student from the University of Connecticut
School of Law and one from Quinnipiac University Law School.
Under the leadership of Edward Rosenblatt, the section pursued its proposal for a Residential Real Estate
Certification to the CBA House of Delegates. Unfortunately, the House of Delegates voted not to support
the program.
The section will be presenting a program at the Connecticut Bar Association’s Annual Meeting on June 8,
2009, titled “Recent Developments in Real Property Law—Cases and Legislation.”
OFFICERS
Edward S. Hill, Chair
M. Dean Montgomery, Immediate Past Chair
Mitchell S. Jaffe, Treasurer
Daniel S. Nagel, Secretary
SPORTS AND ENTERTAINMENT LAW SECTION
DANIEL B. FITZGERALD, CHAIR
PURPOSE
The purpose of the CBA’s Sports & Entertainment Law Section is to provide a forum for sports and
entertainment lawyers to share their knowledge and experience, as well as provide a resource for attorneys
looking to break into these areas of law. The importance of the section continues to grow as Connecticut
faces numerous sports and entertainment issues, including the assessment and adjustment of the Hollywood
East tax breaks for filmmakers who chose to film and produce works in Connecticut; the allegations of
NCAA violations against the University of Connecticut men’s basketball program; the Title IX lawsuit
against Quinnipiac University; and the continuing debate over a professional sports presence in
Connecticut.
ANNUAL REPORT
In June 2008, the section held an event at the Travelers Championship at TPC River Highlands in
Cromwell. The meeting was led by Daniel E. Kleinman, of Levy & Droney PC, counsel to the Travelers
Championship and longtime member of the Sports & Entertainment Law Section. Guest speakers included
Nathan Grube, tour director, and Billy Andrade, professional golfer. In June 2009 the section will once
again hold an event at the Travelers Championship.
In September 2008, the executive committee of the section met to discuss the objectives of the section and
goals for the coming calendar year. The executive committee determined that the section should attempt to
hold events in various parts of the state in an effort to encourage its widespread membership to attend
meetings and events; discussed the creation of a section directory, including members’ contact information
and practice areas; and planned two events, the Travelers Championship event and an event with the
LiveNation concert venue.
In April 2009, the section created a networking group on LinkedIn® to facilitate networking and the
sharing of information among section members.
In May 2009, a section meeting was held at Anna Liffey’s in New Haven. The General Assembly’s
Hollywood East initiatives under consideration this legislative session were discussed and analyzed at
length. In addition, the section discussed continuing legal education in the area of sports and entertainment
law.
Please direct any questions concerning the Sports and Entertainment Law Section to Daniel B. Fitzgerald,
Updike Kelly & Spellacy PC, (203)786-8309 or [email protected].
TAX SECTION
LOUIS B. SCHATZ, CHAIR
PURPOSE
The purpose of the Tax Section is to promote the objectives of the Connecticut Bar Association (CBA)
within the field of taxation; to further the continuing legal education of members of the section and the
CBA; to serve as a resource concerning federal and state tax laws to section members, the General
Assembly, and the CBA; and to serve in a liaison capacity on behalf of the CBA with the Internal Revenue
Service and Connecticut Department of Revenue Services.
ANNUAL REPORT
The Tax Section officers for this year have been: Chair Louis B. Schatz, Vice Chair Richard J. DiMarco,
and Secretary-Treasurer Karen Clute.
The section conducts most of its activities through subcommittees of the executive committee. Executive
committee members are expected to serve on subcommittees and all members of the section have been
invited to participate in subcommittee activities and to attend all executive committee meetings.
The section was again fortunate to have several guest speakers this year. At its September 2008 meeting,
Professor Edward A. Zelinsky presented a paper entitled “An Overview of Telecommuting Income Tax
Issues.” At the section’s February 2009 meeting, which was also attended by members of the Estates and
Probate Section, a guest speaker, Natalie Choate, spoke on “Making Retirement Benefits Payable to
Trusts.”
CLEs continue to be an important focus of the section. In November 2008 the section hosted a fall CLE
entitled “Tax Aspects of a Declining Economy” at which event five members of the Tax Section presented
outlines. The section is also sponsoring a program at the CBA Annual Meeting in June 2009 on recent tax
legislation as well as an overview of the Grantor Trust rules at which event members of the executive
committee will be speaking.
The section’s newsletter continues to serve as an educational tool for its members, for the CBA as a whole,
and as a resource concerning federal and state tax laws. In addition to information about section activities,
the newsletter has featured a number of articles by executive committee members and others addressing
current issues of federal and state taxation. Receipt of the newsletter is a benefit included in section
membership. This year the section was able to publish a newsletter in October 2008 and in April 2009. The
October 2008 issue, for the first time, was distributed to all members of the section via the Internet.
The section, with the assistance of the CBA, continued it use of its e-mail ListServ to give section members
a forum to exchange information, ask for assistance, and debate and discuss tax issues of concern to section
members. The section also continues to develop its Web page on the CBA’s Web site as another means of
serving its members. Posted on the Web site is a list of the executive committee members, annual reports,
minutes of executive committee meetings, past newsletters, and links to various federal and state tax
materials.
In a continuing effort to serve as a resource and enhance the quality and effectiveness of the section's input
to the administrative, legislative, and judicial process, executive committee members continue to make
themselves available to the Commissioner of Revenue Services, the General Assembly, and the Tax Court
as needed in connection with the state’s tax system and practice.
Finally, serving both the section’s educational and liaison functions are its regularly scheduled liaison
meetings with the U.S. Internal Revenue Service and the Connecticut Department of Revenue Services.
This year, a meeting with the IRS was held on November 5, 2008. Another liaison meeting with the IRS is
scheduled for May 27, 2009. The liaison meeting with the DRS was held on November 20, 2008, at which
event a new format was used which provided for open and free discussion of multiple issues among those
who attended. These liaison meetings are held in conjunction with the Connecticut Society of Certified
Public Accountants. Importantly, they include a formal session directed to discussions of substantive
matters followed or preceded by an opportunity to socialize and dine with government representatives and
other professionals.
YOUNG LAWYERS SECTION
LAWRENCE MORIZIO, CHAIR
PURPOSE
The chair of the section is responsible for summarizing the events of the year by way of this report. This
was no easy task. The members of the executive committee accomplished extraordinary things this year in
so many areas of interest. I extend my gratitude and compliments to all executive committee members—
officers, directors, ABA-YLD representatives, chairs and co-chairs of committees and local units, liaisons,
and law students for your efforts.
Founded in 1947 to enhance the voice and involvement of young lawyers in the Connecticut Bar
Association (CBA), the Young Lawyers Section (YLS) includes all CBA members who are 37 years of age
or younger, or have been practicing less than six years, and all law student members of the CBA. Nearly 25
percent of all CBA members are young lawyers. The activities of the YLS are governed by its 70-plus
member executive committee (EC), which organizes professional development, charitable, and networking
events for the YLS throughout the bar year. The executive committee consists of the section’s elected
officers and appointed advisors; local unit representatives; law school, legislative, and diversity bar
liaisons; substantive committee co-chairs; and special program chairs and directors.
The stated mission of the YLS is to further the CBA’s goal of serving the community and the legal
profession; to represent members in the association and to represent the association to members; to help
shape the policies and priorities that affect members and the legal culture in which they practice; to create a
forum for the exchange and expression of members’ views and a voice to advocate those views; to promote
diversity within the association, the bar, and Connecticut’s law schools; to perform acts of charitable
service to the bar and the community; to provide continuing legal education; and to facilitate the
participation of members in the American Bar Association and ABA Young Lawyers’ Division.
ANNUAL REPORT
Annual Retreat—Donation to the Troops
Each year, the executive committee convenes in June to organize and schedule the events of the upcoming
year at the Annual Retreat. The retreat was held this year at the Mystic Marriot in Groton, Connecticut, and
featured the introduction of approximately 25 new members and a total of 80 executive committee
members ranging over almost 20 different substantive committees. Each committee chair and/or co-chair
was required to submit a plan of action in advance of the retreat outlining in detail the events of that
particular section for the year.
We were honored this year to have the Honorable Peter T. Zarella, Associate Justice of the Supreme Court
of Connecticut, as our guest speaker at the retreat’s luncheon. Justice Zarella spoke of the importance of
judicial independence and was kind enough to entertain questions from the incoming members of the
executive committee. Current CBA President Livia Barndollar and Lou Pepe, former president of the CBA,
also addressed the executive committee at the retreat.
In an effort to assist one of our former EC members, Jeffrey LaPierre, currently serving overseas in the
military, each member of the executive committee donated items to ship to Jeff and his fellow service
members. Thousands of items were boxed and then shipped with the assistance of Public Interest Directors
Mareesa Torres, Chris Perry, and Richard Haskell. The retreat has served as a great outlet for the EC to
donate their time and effort on a humanitarian basis. This was a special effort to assist one of our own
dedicated to the EC for many years and obviously dedicated to our country. Several drives were made
throughout the year. I am proud to report that Jeffrey has received the packages and he and his fellow
service members were extremely appreciative of the committee’s efforts.
Education Initiative
Each year, the chair is responsible for promoting a theme or themes for the incoming bar year. This year,
consistent with an incoming chair’s responsibility, I decided to focus my efforts on educating young
lawyers—“The Education Initiative.” My goals were as follows: a) have each substantive committee
organize at least one Continuing Legal Education (CLE) program and integrate these educational programs
into our ongoing Basic Practice Series; b) focus young lawyers on the importance of the balance of work
and life (Equilibrium Project) through seminars and informal events; c) introduce to young attorneys the
importance of ethics and professionalism within the legal profession.
1) Continuing Legal Education—Basic Practice Series
Chris Nelson, director, and Matthew Lucarelli, assistant director, galvanized the executive committee by
producing one of the most successful years the group has had to date. This year, the YLS was responsible
for organizing approximately 20 Continuing Legal Education seminars. More than 600 people registered to
attend these seminars and our gross revenue, despite extremely difficult economic times, exceeded $40,000.
2) Equilibrium Project
The spirit of the project, initiated by Past Chair Dan Schwartz, was continued this year with the stellar work
of Director Jennifer Strutt. During our executive committee meeting in November, a panel discussion was
held focusing on the importance of balancing work and life activities. The panel of speakers included Lynn
Anne Baronas (director of professional development of Day Pitney), Benjamin Buckley (counsel for United
Technologies Corp.–Pratt & Whitney Division), Karen Caffrey (licensed professional counselor and former
attorney), and Renee Reed (attorney with Halloran & Sage). The panel led a wonderful discussion about
balancing professional and personal commitments, the importance of setting and achieving career and
personal goals, and maintaining a happy and healthy lifestyle.
The group also organized a series of seminars around the state in which members of the Tassone Group at
Smith Barney spoke to the section about sound financial planning. Guest speakers answered many
questions concerning paying off loans, and saving for home purchase, children's education, and
retirement. This series was particularly popular given the recent market slowdown.
3) Professional Ethics and Responsibility
Todd Richardson, director, organized an entertaining and informative seminar involving the importance of
ethics and professionalism co-sponsored by a student group at Quinnipiac University School of Law.
Anthony Nuzzo, managing partner of Nuzzo & Roberts, and Michael Bowler of the Statewide Grievance
Committee, were guest speakers that provide concrete examples of how to deal with ethical considerations
in the legal practice. There was also candid discussion on the practical application of legal ethics from
attorneys experienced in handling
professional grievances.
Special Projects
Election 2008
In an election year, we sought to educate young lawyers on the issues surrounding the presidential election.
A debate was organized and held at the University of Hartford in October between Republican Committee
Chair Chris Healey and Democratic State Senator William Tong. Laurie Perez, Fox News correspondent,
mediated the debate. The debate format was similar to that of the Obama–McCain series. The questions for
the debate were submitted by executive committee members and Laurie Perez was ultimately responsible
for asking them to the panel.
Diversity Reception
The YLS held its fourth annual Diversity Reception this fall, honoring tenured professor from Quinnipiac
University School of Law, Marilyn Ford. Professor Ford provided an enlightening discussion on her
struggles and successes from the civil rights movement through her career. Mychal Boyd, director of
Diversity projects, organized the event and did a splendid job, obtaining significant sponsorship from law
firms throughout the state and getting many young lawyers to attend the event.
Judicial Selection Program
Proloy Das, chair–elect, organized this top-notch event with the assistance of various committee members.
The tri-partite presentation gave attendees a thorough look at the various levels involved in the judicial
selection and appointment process in Connecticut. The panels consisted of members from the governor’s
office, state legislators from the Judiciary Committee, and Superior Court judges that have been through the
entire process. The program was first rate and one of the highlighted programs of the year.
Legislative Breakfast
Matt Ritter, legislative liaison, was responsible for organizing the section’s yearly breakfast at the
Legislative Office Building in Hartford. Keynote speaker State Senator Paul Doyle addressed the attendees
about his role in the legislature as majority whip. In addition, the breakfast provided section members a
unique opportunity to meet with other legislators in a relaxed atmosphere and discuss both legal and
legislative issues facing Connecticut and young lawyers today.
Gala
Jeffrey White, treasurer, was responsible for organizing this social event, the Fifth Annual, which took
place at the G. Fox Room in Hartford. The gala was highlighted by a seven-course wine dinner that was a
perfect blend of sophistication and entertainment. A wine connoisseur was present to explain and review
each sample of wine during the courses.
Distinguished Speaker
After several efforts to obtain a high profile speaker, the committee deferred the event until the fall of 2009
at which time Judge Guido Calabresi, Judge of the U.S. Court of Appeals for the Second Circuit, has
agreed to speak to the group. Additional speakers have been invited and confirmations will be updated
accordingly.
Pro Bono and Public Service Projects
Last year, Past Chair Dan Krisch focused on the importance of public service and pro bono efforts. In a
continuation of that effort, Public Service Directors Mareesa Torres, Chris Perry, and Richard Haskell
organized a forum for various public interest groups throughout the state. At the forum, a representative
from each organization introduced their group’s efforts and executive committee members offered their
volunteer services to these organizations.
American Bar Association—Young Lawyers Division Activities
This year was unique in that the ABA-YLD chair, Elizabeth Acee, previously served as YLS Chair. The
YLS honored Liz at a luncheon during the ABA-YLD meeting in New York in August 2008 for her
accomplishments at both levels.
ABA Meetings
ABA meetings were held this year in New York, Boston, New Orleans, and Chicago. Many members
participated in the meetings and contributed time, effort, and programming to the conferences. Mareesa
Torres, ABA district representative, was our section’s representative and delegate at the annual- and midyear meetings.
Domestic Violence Awareness Programming
As chair of the ABA-YLD, our Past Chair Elizabeth Acee’s mission was to bring awareness to domestic
violence and the need for attorneys to assist those in the legal arena who have been afflicted. A roundtable
was organized at the mid-year meeting in Boston at which the First Lady of Massachusetts, a survivor of
domestic violence, provided tremendous insight during the discussion about her experiences and potential
approaches to the problem facing those victims.
Our section was responsible, with the assistance of Todd Richardson, also an ABA member, for organizing
a roundtable at UCONN Law School in conjunction with the ABA initiative.
Interval House Fundraiser—Guest Speaker Matt Modine
Fortuitously, the Hartford Stage was performing the play (about the life of a lawyer, Atticus Finch) “To
Kill a Mockingbird” this year. Matthew Modine, the star of the play, agreed to speak to our section at an
open house at a Hartford condominium complex. The meeting was an effort to raise awareness and money
for Interval House, an entity committed to protecting the rights of those who suffer from domestic violence.
Matthew Modine was a clairvoyant speaker and the attendees responded to his generosity. The
representatives from Interval House speaking on the importance of supporting victims of domestic violence
were also appreciative of these efforts.
New Admittees to the Bar Reception and Bar Admission Ceremony
Recognizing this important occasion, the YLS will hold a reception for new admittees to the Connecticut
bar in June to be held in Hartford. The event will serve as an opportunity for executive committee members
to meet new lawyers soon to be admitted and acknowledge these individuals for their accomplishment.
The Young Lawyers Section sponsors the Bar Admission Ceremony in conjunction with the Connecticut
Bar Association also held in June.
Substantive Committees
Each of our committees had a game plan coming into the year (Plan of Action). The preparation certainly
paid dividends based on the programming that took place during the 2008-2009 bar year.
Committees and Local Units
Directors Jon Shapiro and Stacy Smith Walsh were tasked with program development and the executive
committee accomplished a great deal under their leadership.
Appellate Law Committee, co-chaired by John Pitalbo and Matt Weiner, organized a meeting featuring
Attorney Wes Horton in November, addressing the history of the Connecticut Supreme Court. In addition,
a continuing CLE seminar was held by the committee in February, “Preserving the Record for Appeal.”
Bankruptcy and Commercial Law Committee, headed by co-chairs Doug Van Valkenburg and Chris
Nelson, hosted a seminar, “A Guide to Receivershipsa on May 4, 2009 with a diverse panel of four
Attorneys and one accountant, discussing all aspects of receiverships.
Construction Law Committee, co-chaired by Derek Werner, hosted a construction law update seminar that
was with one of the highest attendance totals of the Basic Practice Series.
The Criminal Law Committee was co-chaired by David DeRosa and Stacey Haupt. Two quality CLE
seminars were organized the subject matter of which was intertwined. The first, in January, involved the
science of DNA and presentation of such evidence in the courtroom. The second, in March, involved the
state of the law with regards to DNA evidence. The focus was the presenting and defending of DNA
evidence.
Education Law Committee was in its first year of creation thanks to the ingenuity of Ashley Baron and
Melanie Dunn. The 2008-2009 bar year was a busy one for the new Education Law Committee. Its first
event of the year was “Facing Up to Facebook: Student Discipline and the First Amendment in the
Technology Age,” a debate-style discussion held at the University of Connecticut School of Law on
October 15, 2008. At this event, both practitioners and students gathered for detailed insight from the
attorneys who handled the opposite sides of Doninger v. Niehoff before the Second Circuit, a landmark
decision concerning student free speech and online communications. In November, the committee and the
Workers’ Compensation Committee co-sponsored a coat drive at Wood N Tap in Hartford to benefit area
shelters. In addition, the committee and the Women in the Law Committee are teaming up to develop a
donations drive for deployed military in the Middle East. The committee also held a CLE seminar on April
27, 2009, “Student Discipline: A Practical Guide for Representing Students or School Boards.” This
seminar hosted a school board attorney, student attorney, and an attorney from the State Department of
Education to discuss recent legislative developments in student discipline law, and to walk participants
through the representation of clients in student expulsion hearings and related proceedings.
Estate Probate and Tax Committee, led by Andrew Knott and Joanne Rapuano, held a seminar in
November, “The ABCs of Estate Planning,” as part of the Basic Practice Series. The discussion was led by
a probate judge.
Environmental Law Committee, co-chaired by Tom Blatchley and Loni Gardner, partnered with the Land
Use/Real Estate Committee, and put together Part One of a two-part series on environmental law geared
towards environmental due diligence for transactions. The October 2 program offered 2 CLE credits and
provided a broad overview of the environmental regulatory scheme in Connecticut. The event was well
attended and received solid reviews for more programming on the subject. This spring, on March 30, the
YLS Environmental Committee presented Part Two of the series, by offering a 2-CLE program on
advanced topics, including DEP Programmatic and Legislative Updates.
Family Law Committee, co-chaired by Brette Logan and Pam Magnano, organized a seminar that took
place in November pertaining to the basics of the family law practice as part of the Basic Practice Series.
The committee was also responsible for an incredibly thoughtful Holiday Open House, which they cosponsored with the Children’s Law Center in Hartford. Donations of unwrapped gifts were donated on
behalf of attending executive committee members and donated to the Wheeler Clinic.
Federal Practice Committee, co-chaired by Kellianne Baranowsky and Peter Murphy, held a Basic Practice
Series seminar in November on Federal Civil Practice and Procedure. They intend to hold the Federal
Judges Dinner this fall.
Government Law Committee, co-chaired by Greg Daniels and Ed Wilson, secured Kevin O’Connor as a
featured speaker but could not secure enough attendees to proceed with the event in the fall. The
committee, along with the Construction Law Committee, co-sponsored a continuing legal education
program that was well attended and informative.
Insurance Law Committee Co-chairs Jennifer Janik and Kim Bush organized “Bad Faith Claims Litigation:
Policyholder and Insurer,” a CLE seminar in October. The program focused on bad faith claims litigation
and recent developments in bad faith jurisprudence in Connecticut, and examined the implications of a
claim in first- and third-party scenarios. The seminar was divided into a substantive portion, during which
the panel discussed the handling of potential claims. The second hour featured an interactive session
wherein audience members addressed hypothetical issues and situations.
Labor & Employment Committee, co-chaired by Rita Trivedi and Christine Collyer, held on December 1,
an introductory CLE seminar entitled “Advocacy before the CHRO [Connecticut Commission on Human
Rights and Opportunities] 101: The Basics.” This CLE gave attendees a look into the CHRO process, from
filing and answering a complaint to talking to a client and gathering evidence, and into brief-writing in a
manner most persuasive to the fact-finder with strategic use of supporting documents and evidence to frame
the client’s case. The CLE featured two speakers, William Madsen and Jennifer Hamilton Lewis,
presenting tips and strategies from a complainant’s and respondent’s advocacy stance, respectively.
On April 29, the committee held an event at UCONN law school designed to give law students a look into
the labor and employment practice. A panel of speakers representing the many areas of practice, including
representatives from the CHRO, the Department of Labor, in-house counsel, and private practitioners from
the employer and employee/plaintiff’s side took part. The panelists discussed their personal experiences
throughout their careers, including the path they took from law school to their current positions, aspects of
the job that may be different from others in the field, and the challenges/rewards they experience.
Land Use, co-chaired by Mario Coppola, Catie Curran, and Mychal Boyd, held a seminar as part of the
Basic Practice Series involving land use, planning, and zoning.
Lesbian and Gay Rights (LGBT), chaired by Julia Lentini and Teresa DiNardi, held two networking events
at Tisane, and co-sponsored an excellent event with Appellate and Family Law Committees of the YLS
featuring Bennett Klein, plaintiffs counsel in the Kerrigan case, and Justice Palmer, who penned the
opinion in Kerrigan. Additionally, the committee has scheduled a CLE in June focusing on family, estate,
and immigration law in light of Kerrigan.
Litigation Committee co-chairs Mike Burdo, Danielle Omasta, and Colin Mahon offered a seminar on short
calendar practice as part of the Basic Practice Series.
Solo and Small Firm Committee Co-Chairs Dan Ford and Craig Abbot presented a seminar in May
involving the trials and travails of small practice in “Going it Alone.”
Women in the Law Committee, co-chaired by Stacy Smith Walsh and Janee Woods Weber, featured a
discussion of the Best Practices program and how to implement it, as well as solicited ideas for future
programming. In March, the committee hosted a discussion group in Hartford on the book She Wins, You
Win: The Most Important Strategies for Making Women More Powerful and moderated a lively discussion
of the way gender can influence power and professional relationships.
The committee hosted several special events this year:
• April 29, 2009: a networking event, in association with the Women’s Law Student Association at
the University of Connecticut School of Law, honoring the Connecticut Bar Foundation’s
“Women in Black” photographic portrait exhibit of women judges in Connecticut; the program is
designed to bring law students into contact with both the organized bar and to build relationships
among and between women lawyers and judges.
•
May 21, 2009: “Pathways to Leadership for Women Lawyers,” sponsored also by the Young
Lawyers Section, presenting a panel discussion of prominent women lawyer leaders in
Connecticut talking about leadership and their personal experiences in becoming and staying a
leader, and concluding with an awards banquet honoring this year’s recipient of the Ladder
Award, Kathleen A. Brandt, of Silver Golub and Teitell, and featuring a keynote presentation by
Appellate Court Judge Alexandra DiPentima.
•
May 28, 2009: a domestic violence prevention roundtable discussion, in connection with the
American Bar Association Young Lawyers’ Division national service project: “Voices Against
Violence” (a call to action for young lawyers around the country to join forces to end domestic
violence); the program gathered a multi-disciplinary group of people involved with domestic
violence issues (advocates, attorneys, judges, law enforcement, etc.) discussing local problems and
issues, determine what programs are up and running, assess what is needed, and figure out how
young lawyers can help with this issue.
•
YLS WILC is cosponsoring two programs at the annual meeting this year: One continues the
effort to move the profession toward the Best Practices for Gender Equity (see description below);
the other focuses on an international human rights issue: the prosecution of rape and sexual assault
as war crimes. The war crimes program was planned and presented in conjunction with the Young
Lawyers, Human Rights and Responsibilities, and International Law Sections, and is entitled:
“Rape and Sexual Assault as War Crimes: A Call to Action.” The war crimes program brought
nationally recognized speakers to Connecticut and expanded the subject matter and reach of the
committee to issues beyond those simply affecting our profession.
Workers’ Compensation Committee, co-chaired by Eric Santoro and Maribeth McGloin, hosted a seminar
in conjunction with the Basic Practice Series “Pain Management and Work-related Injuries.” Doctor
Jonathan A. Kost, an experienced pain management specialist, discussed the topic as well as specific cases
in treating people who have been injured on the job. The committee also held a CLE seminar “The State of
the State in Workers’ Compensation claims.”
Local Units
The Local Units of our section were responsible for several quality charitable and networking events
throughout the year. Special thanks to Pamela Lutin (Bridgeport), Taylor L. Archambault (Hartford),
Joshua Hecht (New Haven), Kristen Miller (Stamford), Matthew Lucarelli (Waterbury), Danielle Omasta
(Tolland), Matthew Corcoran (Middlesex), and Michael Bonnano (New London) for their efforts.
Law School, Diversity, and Legislative Liaisons
The YLS continued its support of organizations outside of the Connecticut Bar Association in an effort to
promote diversity and relationships with law schools in the area. For instance, the Connecticut Hispanic
Bar Association teamed up with the Young Lawyers Section in November to host a networking social for
attorneys in Hartford. Similarly, the Crawford Black Bar Association co-sponsored a networking event with
the YLS to honor the new admittees to the bar in New Haven.
The Connecticut Asian Pacific American Bar Association and the South Asian Bar Association were also
part of these efforts. Our liaisons from each group respectively, Christina Lopez (CHBA), Luretha
McClendon (Crawford), Tushar Shah (SABAC), and Amit Patel (CAPABA) were responsible for the
interaction between our committees and their respective groups.
The YLS was also active in promoting events between the law schools in Connecticut and our section.
Emily Graner, law student advisor, was responsible for coordinating events and advising our law student
liaisons as well.
CLOSING
I again want to extend my appreciation to the entire executive committee for your commitment and
enthusiasm and for having some fun along the way. The contributions in terms of programming and events
made to your fellow lawyers both within and outside the Connecticut Bar Association were incredible.
Having seen the powerful mechanism that the Young Lawyers Section has become during my years of
involvement, I look forward to sitting back and enjoying the achievements of the group in the years to
come.
COMMITTEE REPORTS
AFFORDABLE HOUSING AND
HOMELESSNESS COMMITTEE
BRIAN R. SMITH, CHAIR
PURPOSE
The purpose of the Affordable Housing and Homelessness Committee (“the Committee”) is to promote,
and encourage legal efforts to create and preserve needed affordable housing and end homelessness in
Connecticut in a proper and rational manner. The committee also seeks to offer practitioners throughout
the state information on these topics.
ANNUAL REPORT
This year has been a difficult one for affordable housing advocates and people who care about
homelessness issues. The state’s economy has been shattered by the worldwide financial crisis. Readily
available financing for building new and affordable housing has diminished. Committee members report
that many of their clients who happen to be developers have had to postpone or abandon many such
projects. Homeless shelters have suffered from decreases in state and local funding as well as a decline in
charitable giving by individuals and businesses.
The Affordable Housing and Homelessness Committee has met formally on three occasions this past year.
The committee elected Michael Camilleri as secretary; Huguet Pameijer as treasurer; and John Giuletti as
legislative liaison.
The committee has agreed to host a speaker from the state judiciary on the topic of homelessness in June or
in the fall of 2009 depending upon availability. We have worked with housing advocates to maintain or
further various programs at the state and local level and we have acted as a resource for others who looking
for information about the Affordable Housing Act, Conn. Gen. Stat. § 8-30g, and the HomeConnecticut
program.
ANIMAL LAW COMMITTEE
COLLETTE S. GRIFFIN; SUZAN M. PORTO, CO-CHAIRS
PURPOSE
Formed in 2002, the purposes of the Animal Law Committee are to provide a forum for members to
exchange ides, and to study and understand laws, regulations, and case law pertaining to all areas of animal
law; to organize periodic CLE seminars on various issues relating to animals and the law in order to
educate the members of the Connecticut bar, bench, and the public about animal law and about different
ways in which the legal system can work to protect animals; to be a resource for people, organizations, and
government agencies that wish to obtain information about the subject; to create and maintain a referral
service for the public in order to be able to refer people with animal-related problems or concerns to
attorneys who are prepared to handle such cases; and to create and maintain a brief and resources bank for
use by attorneys practicing in the field of animal law.
ANNUAL REPORT
The Animal Law Committee offered a day-long conference with Quinnipiac Law School's Animal Law
Society in October 2008 that was entitled “Justice for Animals: The State of the Law in Connecticut.”
Speakers included Connecticut State Representative Diana Urban; Animal Legal Defense Fund Attorney
Dana Campbell; Assistant State’s Attorney Joseph LaMotta; American Society for the Prevention of
Cruelty to Animals Attorney Debora Bresch; Jeanne Milstein, Connecticut child advocate; Owen Little,
animal control officer; Susan Linker, vice president and director of Connecticut Votes for Animals and
CEO of Our Companions Domestic Animal Sanctuary; and Joanne Bourbeau, New England regional
director of the Humane Society of the United States. The conference focused on the connection between
animal cruelty and human violence and the state of animal protection laws at the national and state levels.
The 100 plus in attendance consisted of attorneys, animal protection groups, law students, and the general
public. There will be another conference in October 2009 exploring other topics within the area of animal
law.
The Animal Law Committee continues to support, along with the House of Delegates, humane education
legislation. The legislation is presently entitled, “An Act Concerning a Policy Regarding Dissection in
Classrooms.” The bill, which requires school districts to excuse a student from performing animal
dissection if the student raises a conscientious objection to doing so, will not result in a fiscal impact, as
resources for virtual dissection are available free of cost.
The Animal Law Committee supports, along with the CBA, a proposed bill that would allow the court in its
discretion to offer counseling for juveniles who have been convicted as delinquent or adjudicated as a
youthful offender for animal cruelty to undergo counseling or participate in an animal cruelty prevention
and education program.
We have also been active in working with the House of Delegates regarding requests to support certain
legislation that concern animal issues. We are also trying to take an active role in furthering education of
animal-related issues from a legal perspective by speaking at bar functions (paralegal luncheon) and
communicating with organizations regarding animal issues. In addition, we attempt to help individuals
identify attorneys who may offer to counsel on animal issues.
APPELATE ADVOCACY COMMITTEE
DANIEL J. KLAU; KIMBERLY A. KNOX, CO-CHAIRS
PURPOSE
To improve appellate practice through meetings and CLE courses; determine the nature and scope of an
appellate certification program; identify the resources and procedures required to maintain such a program;
and identify other means to improve the appellate law practice in Connecticut.
ANNUAL REPORT
The committee has attracted many new members who met several times throughout the year to discuss all
areas of appellate practice. In September, Lynn Tuohy, a former journalist for the Hartford Courant, shared
her experiences while she was covering some of the high-profile cases in Connecticut. At the November
meeting, our members were given a very insightful and informative presentation by Michele Anger, chief
clerk of the Connecticut Supreme Court along with Holly Sellers, chief administrative officer; Gail Giesen,
chief staff attorney; and John DeMeo, deputy chief staff attorney. Judge Barry R. Schaller was the guest
speaker at the February meeting. In addition, the committee members conducted videotaped interviews of
Supreme Court Justices throughout the year. These interviews will be available online.
The committee was also a driving force in instituting the e-filing of briefs in the Supreme Court. Effective
March 1, 2009, the Connecticut Supreme and Appellate courts approved a number of changes to the
Connecticut Rules of Appellate Practice including online posting. Paper briefs will continue to be
submitted to the court, but all counsel-represented parties in Supreme Court cases must file an electronic
version of the brief as well. Once a case is listed as “ready for assignment,” the e-brief will be posted on a
Web site sponsored by the CBA’s Appellate Advocacy Committee, at http://blog.ctbriefsonline.com, which
also is accessible through the Judicial Branch’s Web site,
http://www.jud.ct.gov/external/supapp/default.htm
On April 3, 2009, the Appellate Advocacy Committee co-chaired and co-sponsored the CBA’s Global
Perspectives on Appellate Law. This one-day seminar presented by both international and national speakers
was conducted in conjunction with members of the ACA. Members of the Appellate Advocacy Committee
are also conducting a seminar at the CBA Annual Meeting on “Ten Tips for More Persuasive Writing” and
“An Introduction to the New Requirements for Electronic Brief Submission.”
MEMBERS
Erika L. Amarante
Jeffrey Babbin
Kenneth J. Bartschi
Eric D. Beal
Kathryn A. Calibey
Karen K. Clark
Proloy Das
Thomas J. Donlon
Anne C. Dranginis
Steven D. Ecker
Richard Emanuel
Prof. Timothy H. Everett
John B. Farley
Elizabeth Festa
Barbara A. Frederick
William F. Gallagher
Charles Goetsch
Wesley W. Horton
Sheila A. Huddleston
Ralph W. Johnson, III
Daniel J. Klau
Kimberly A. Knox
Daniel J. Krisch
Margaret A. Little
Frank A. May
Hon. C. Ian McLachlan
Linda L. Morkan
Everett E. Newton
Regen O’Malley
John C. Pitblado
James Ralls
Charles Ray
Mary Beattie Schairer
Barbara Schellenberg
Samuel Schoonmaker, IV
Michael P. Shea
Jack G. Steigelfest
Alinor C. Sterling
Patricia Sullivan
Michael S. Taylor
Louise T. Truax
Richard F. Wareing
Matthew A. Weiner
Harry David Weller
Laura Pascale Zaino
Martin Zeldis
BUILDING DESIGN COMMITTEE
DONAT C. MARCHAND; JAMES F. STAPLETON, CO-CHAIRS
PURPOSE
The Building Design Committee was appointed in December 2006 by then-president Norman K. Janes for
the purposes of identifying building renovations to improve the front building entry, create a wall of honor
to recognize donors to the Campaign for the CBA Law Center, create a President’s Gallery of photos of all
past presidents, improve the functioning and efficiency of the member and staff spaces, and upgrade the
general building conditions within the CBA Law Center. The committee met on many occasions to discuss
the scope of the project, to identify potential architects and construction management firms, and to explore
financing options.
ANNUAL REPORT
Construction began on the third floor in May 2008. The celebratory “wall-breaking” began prior to the
CBA’s Law Day event at the New Britain Rock Cats. Staff members who were working on the third floor
were moved prior to the celebration to their temporary work space on the first floor.
In late July, staff members who were working on the second floor joined their colleagues on the first floor,
and our tenant, ADR Center, moved to their new space on the third floor. We housed 19 staff members in
conference rooms downstairs, with others sharing space with first floor staff members.
Renovation work on the second floor was complicated by the need for asbestos abatement. The asbestos
was not abated when we originally moved into the building because no work was done to the second floor
in 2000. The second floor was finally completed by late October and all staff members who were
temporarily located on the first floor were moved up to the second floor. Member service staff members
were also relocated at this time due to the impending work on the first floor.
Work on the first floor was substantially completed in late December, and the Member Service Center staff
moved to their renovated space on December 30.
Our grand re-opening celebration was held on April 2, 2009. It was a great event highlighted by local
dignitaries and musical talent. Thirteen past presidents joined the CBA leadership and staff for the
festivities.
The end result of the renovation is that the CBA Law Center is a welcoming building for both members and
employees. It is functional and attractive, and will serve the attorneys in Connecticut well for years to
come.
Respectfully submitted by the Building Design Committee
Donat C. Marchand, Co-Chair
James F. Stapleton, Co-Chair
Matthew J. Cholewa
Barbara J. Collins
Mary Catherine Curran
Kirkandre Durrant
Robert Kor
D. Susanne Snearly
DISABILITY LAW COMMITTEE
BERNARD L. SHAPIRO, CHAIR
PURPOSE
The purpose of this committee is to monitor and examine the law as it pertains to the physically and
mentally impaired, to support the efforts of the practicing disability Bar through periodic educational
meetings that include programs provided by committee members and governmental officials, to provide
mutual support in practice issues through sharing of experiences and consultations via ongoing e-mail
conferences, and to influence legal and procedural changes through committee action. With the support of
the CBA, advocacy with offices of legislators, and correlation with other organizations, the committee
works to safeguard the rights of the disabled and provide support for the practicing Bar.
ANNUAL REPORT
Activities this year included committee meetings to address substantive and procedural practice issues and
activation of use of the listserv to share information and promote communication amongst the members.
Committee members also met and corresponded with various members of congress regarding Social
Security matters including claimant’s rights and relations with attorneys and the promotion of legislation to
assure payment of attorney fees directly to attorneys under the Equal Access to Justice Act, including
passage of a resolution that was then authorized by the leadership as the position of the CBA. Also this
year, committee members met with the Social Security Meriden Field Office manager, who presented
training for attorneys in the electronic filing system now used by the Social Security Administration, and
engaged in correspondence and met with other Social Security officials. Additionally, the committee is
continuing its communication with the Office of the Chief Administrative Law Judge in Falls Church,
Virginia, and the Office of the Commissioner of Social Security.
EDUCATION LAW COMMITTEE
WINONA W. ZIMBERLIN, CHAIR
PURPOSE
The purpose of the committee is to bring together education lawyers to discuss matters of mutual interest.
Lawyers who practice in the area of special education, labor law, hearing officers, litigators, lawyers who
are teachers, and school administrators are members. Committee members represent boards, parents, and
teachers.
ANNUAL REPORT
We sponsored a CLE program about mold in the schools, titled, “Sick of School? Indoor Air Quality and
Mold: Litigation in Public Schools and Beyond.” We learned of the dangers of mold pollution to children
and also of the scientific and legal hurdles in receiving recovery for injured students.
We had a meeting to discuss a recent case where a student successfully challenged an expulsion decision at
CCSU—not by suing the school, but by a civil action against another student. This novel approach resulted
in a monetary recovery for the student who was expelled.
This spring we are planning a meeting with a representative of the Department of Education to speak about
proposals pending in the Connecticut legislature this session.
Many thanks to all committee members who have volunteered their time to prepare informative and
educational programs.
FEDERAL JUDICIARY COMMITTEE
WILLIAM H. CLENDENEN, CHAIR
PURPOSE
The Federal Judiciary Committee reviews and reports on nominations proposed by Connecticut's U.S.
Senators for judicial appointments, primarily to the U.S. District Court for the District of Connecticut. Our
recommendations are reported to the president of the Connecticut Bar Association and are then
communicated to the two Senators.
ANNUAL REPORT
There have been no proposed appointments to the federal branch during this year.
INDIAN LAW COMMITTEE
ANDREW HOULDING, CHAIR
PURPOSE
The Indian Law Committee focuses primarily on developments in the law applicable to the
federally-recognized Indian tribes in Connecticut, the laws enacted by those tribes, and practice
and procedure in the tribal courts established by the Mashantucket Pequot Indian Tribe and The
Mohegan Tribe of Indians of Connecticut. Most Committee members practice in the tribal courts,
or litigate issues related to tribal interests.
ANNUAL REPORT
The Indian Law Committee successfully organized and held a CLE program on “Indian Gaming in
Connecticut,” October 21, 2008, that included an outline of the federal recognition of the
Mashantucket Pequot and Mohegan tribes, the negotiation of state gaming compacts and the
development of gaming casinos, an introduction to the sovereignty of federally-recognized Indian
tribes, a summary of the regulatory environment in which the casinos operate under the Indian
Gaming Regulatory Act, and a description of the state’s role in tribal gaming operations.
LAW-RELATED EDUCATION COMMITTEE
NORMAN K. JANES, CHAIR
PURPOSE
The purpose of the Law-related Education Committee is to plan and build the CBA’s Law-related
Education (LRE) programs. The LRE programs include but are not limited to: the Connecticut Court
Visitation program, the Bill of Rights in Action program, Mock Trials program, the Street Law program,
and the Adult Civic Education program.
ANNUAL REPORT
This year one of the committee focuses was how to expand our Adult Civic Education program and
increase public attendance. Adult Civic Education programs are now taking place in communities
throughout Connecticut. The committee is also working on writing new Adult Civic Education scenarios
based on Connecticut cases to increase public interest and attendance.
There were 17 Adult Civic Education programs throughout the state this year; Mansfield, Harwinton, and
Clinton are just a few of the participating towns. The Adult Civic Education programs were held at
libraries, adult education centers, and ESL classes. We hope to expand to even more venues next year.
The CBA partners with the New Britain public schools each year for Law Day with an essay contest for
middle school students, grades 6-8. This year’s essay question chosen by the committee was: President
Abraham Lincoln, in his famous Gettysburg Address, spoke of “a new birth of freedom.” With the idea of
this freedom in mind, do you think cell phones should be banned in school? Why or why not?
The committee is also working on recruiting more attorney volunteers to teach the LRE programs. In order
to increase involvement the committee is working on talking-points for the Bill of Rights in Action. Their
hope is that by making the manuals more user-friendly to the teachers (volunteer attorneys) that it will
encourage more involvement from new attorneys. We had 55 active attorney volunteers help with our
programs so far this year.
This report was written before the end of the school year, so the participation numbers are not in yet for
programs such as the Connecticut Court Visitation program and the Bill of Rights in Action. More than
3,000 students usually take part in the Connecticut Court Visitation program.
LAWYER-TO-LAWYER
DISPUTE RESOLUTION COMMITTEE
DALE P. FAULKNER, CHAIR
PURPOSE
The purpose of the Lawyer-To-Lawyer Dispute Resolution Program is to provide a mechanism for
resolving economic disputes between lawyers that is quick and efficient, cost-effective and beneficial to the
judicial system. The program improves relations between attorneys and alleviates some additional burden
on our court system.
ANNUAL REPORT
As we enter our 19th year, the program continues to offer three resolution options: (1) mediation only; (2)
mediation followed by binding arbitration of all issues not resolved through mediation; and (3) arbitration
only.
For the fiscal year 2009 to date (April 1, 2008 through March 31, 2009), staff reports the following activity:
New files opened:
Resolved by mediation:
Resolved by arbitration:
Mediated by not resolved:
Settled by parties prior to
arbitration hearing:
Cases pending:
7
4
1
0
1
2
The CBA provides a valuable service by ensuring that lawyers can be reviewed and judged by their peers in
a confidential and professional manner. Program participants are very satisfied with the program judging by
the letters of thanks received by mediators and program staff.
LEADERSHIP ACADEMY COMMITTEE
DAVID A. REIF, CHAIR
PURPOSE
The House of Delegates established the Connecticut Bar Association Leadership Academy Committee in
the spring of 2008. The goal of the program was to provide training in leadership skills to a diverse group
of lawyers, with a target experience level of 5 to 15 years practice.
ANNUAL REPORT
The Leadership Academy program would consist of a weekend long retreat, with an outside trainer in
leadership skills, followed by several half-day or evening programs. These sessions would focus on, among
other topics, the role of lawyers in the non-profit arena, including group participation in a public service;
media relations and communications; careers and other participation in public service; professionalism; and
organized bar leadership. The program’s goals, as presented to and established by the House, were threefold:
1. To develop and train a diverse group of leaders for the Bar and community.
2.
To be self-supporting through fees and sponsorships and, thus, be budget neutral to the CBA.
3.
To assure that the Fellows were diverse, covering not only various racial, ethnic, and gender areas,
but also drawing from a range of private practice firm sizes; the corporate, government, and public
sectors; and the state’s full geography.
The CBA president appointed the following committee in early 2008:
• David A. Reif
• Glenn E. Coe
• Duncan R. MacKay
• Bethany Appleby
• John R. Flores
• Ellen Carter
• Daniel A. Schwartz
• Brian P. Rice
• William B. Prout
• Stacy Lynn Werner
The committee held several lengthy meetings through April 2009. It developed a curriculum, set selection
standards, selected speakers from within Connecticut and elsewhere, and began contract negotiations with
sites for the initial overnight retreat.
However, the economy intervened. Based on an informal survey of potential sponsors, it became clear that
there was a significant risk that sponsorship would not be available. Without sponsorship, the goal of
budget neutrality was jeopardized and scholarships would be unavailable.
Further, while the poll showed that larger firms in the state would probably send a Fellow, there was a real
concern as to the effect of economic travails on mid-size and smaller firms, solo practitioners, and
representatives of the public and non-profit sectors. In addition, with corporate profits being seriously
contracted, there were concerns about participation by in-house counsel. Thus, this financial squeeze
jeopardized the program’s important diversity goal. As the CBA had to make firm financial commitments
to the retreat site, a decision on whether to go forward could not be delayed.
Therefore, the Leadership Academy Committee, after consultation with the executive director and Holly
Fox, the CBA’s program development specialist, decided to postpone the program until 2010-2011. In the
meantime, additional sources of funding will be sought.
As chair, my thanks to the members of the committee, who put in incredible amounts of work, and,
particularly, to Holly Fox.
COMMITTEE ON THE LIAISON
WITH THE STATE GOVERNMENT
JAY W. JACKSON, CHAIR
PURPOSE
The purpose of the committee is to discuss matters of mutual interest among those who administer our state
court system and who are regularly engaged, as judges and attorneys, in the actual administration and
functioning of the system on a day-to-day basis. The objective is to give input to administrators and attempt
to improve and/or modify the system to the extent necessary and possible.
ANNUAL REPORT
Throughout the year, the committee met with its membership at the Hartford Marriott in Rocky Hill. The
meetings were informal and enlightening. The committee consists of the chief court administrator, deputy
chief court administrator, chief administrative judges of the various divisions of the Judicial Branch, and
several active, practicing attorneys with extensive experience in conducting trials with our state courts.
Guests at the meetings included: Chief Justice Chase Rogers; State Senator Andrew McDonald (DStamford), Senate Judiciary Committee chair; State Representative Michael P. Lawlor (D-East Haven),
House Judiciary Committee chair; State Senator Mary Ann Handley (D-Manchester), Judiciary Committee
vice chair; State Senator John Kissell (R-Enfield), Judiciary Committee Ranking Senate member; State
Representative Arthur O’Neill (R-Southbury), House Judiciary Committee ranking member; and State
Representative Gerald Fox (D-Stamford), House Judiciary Committee vice chairman.
Members and guests have discussed a wide range of subjects involving the Executive, Legislative, and
Judicial Branches. Special efforts have been made to inform the membership of the Connecticut Bar
Association that the committee should be used as a conduit to convey suggestions and constructive
criticism to those making the decisions in each of the three branches.
The chair and the entire committee feel that the meetings and resulting dialogue have helped improve the
system by contributing to a better understanding of the problems facing bench and bar.
PRO BONO COMMITTEE
RALPH J. MONACO, CHAIR
PURPOSE
The charge of this committee is to increase the availability of legal service to the indigent of the State
through recruitment, support and training of private attorneys and by other appropriate and effective
programs and projects.
ANNUAL REPORT
The Pro Bono Committee, principally comprised of members of the private bar, executive directors, and
other staff of the state’s legal aid agencies, paralegals, and the Connecticut Bar Association (CBA) pro
bono coordinator, met monthly (with the exception of December) with the objective of raising the
consciousness of lawyers throughout the state as to their professional responsibility to ensure access of our
judicial system for the neediest of Connecticut residents. Volunteer services are provided through the
Connecticut Pro Bono Network, which is a list of lawyers maintained by the CBA who have indicated over
the last several years a willingness to handle pro bono cases. Since the 1990s, over 3,800 lawyers have
taken at least one case. In 2007, 864 members of the Network accepted cases. In 2008, 785 members of the
Network accepted cases.
During this bar year, the Pro Bono Committee was very active. In addition to recruiting new pro bono
volunteers, activities of the committee are discussed below.
Emeritus Project
After extended discussion and analysis in 2007-2008, the committee successfully implemented the
Emeritus Project this year. The focus of the project is to utilize lawyers over sixty (60) years of age who
have been practicing for 15+ years, known as an emeritus lawyer, to volunteer at least 250 hours on pro
bono services. The CBA House of Delegates approved the project in June 2008. During the fall 2008 the
committee focused on implementing the project. Implementation included an article in the Connecticut
Lawyer, a letter from the committee chair to every CBA member over the age of 60, a section on the CBA
Web site devoted to the project, and media attention in the Connecticut Law Tribune. The project was
launched in January 2009 and has 15 emeritus lawyers to its ranks. We anticipate that the chair will have to
send out letters each year to appropriate candidates, as recruitment will be ongoing.
Foreclosure Prevention
Jonathan Weiner and Keith Fuller chaired the Foreclosure Prevention Subcommittee of the Pro Bono
Committee. The subcommittee met on a regular basis throughout the year and worked closely with the
Attorney General’s Office, the Department of Banking, the Connecticut Fair Housing Center, and
Statewide Legal Services, each of which organization was very important to the success of the effort. The
subcommittee also continued its training of lawyers to assist in the foreclosure mediation process.
Moreover, the subcommittee monitored the progress of the foreclosure mediation program, which program
was spearheaded by the Pro Bono Committee in 2008 and operates in each judicial district in the State. The
feedback on the foreclosure mediation program is positive.
In-House Counsel Proposed Rule
Continuing the work began last year, the committee refined its proposal to amended the Rules of
Professional Responsibility to allow in-house counsel in Connecticut, who are not admitted in Connecticut
but admitted in another state, to handle pro bono cases. Members of the committee presented the specific
proposal to the House of Delegates (HOD), which approved the proposal at its January 12, 2009 meeting.
Committee member Priya Morganstern appeared before the HOD and was accompanied by CBA Past
President Peter Costas, who along with John Kennedy, drafted the proposal. CBA President Livia
DeFilippis Barndollar submitted the proposal to the Judicial Rules Committee, which is expected to report
on the proposal in June.
Pro Bono Trainings
A core activity of the Committee has been training lawyers. Toward this end, the Pro Bono Committee
sponsored several successful CLE seminars, also referred to as “trainings,, which occurred at the CBA Law
Center. These seminars included:
a. October 7, 2008- Pardons
b. October 17, 2008- Representing Home Owners in Foreclosure
c. November 2008- Litigation 101
d. February 5, 2008 Bankruptcy
e. February 24, 2009- Unemployment Compensation
f. March 3, 2009- Small Claims
g. April 14, 2009- Beginners Family Law
h. April 30, 2009- Social Security Overpayment
Legal Service Funding
The committee kept a close eye on the problem with legal service funding that was exacerbated by
decreased IOLTA revenue in 2008 and 2009. On February 23, 2009, the committee had a meeting at the
legislature in preparation for a hearing that evening on legal service funding. Several members of the
committee testified at the hearing and many members of the committee attended in the audience to express
support for the State to assist in this crisis that has resulted in layoffs, reduced salaries, and reduced
services to the poor.
Pro Bono Awards
The committee voted to give awards to six outstanding pro bono attorneys whose pro bono work was
exemplary. These attorneys are: Thomas Kasper, Clifford Rice, Mark Sank, Piper Paul, Theresa Madonna,
and Alexander Cuda.
Civil Gideon
The concept of Civil Gideon is to provide counsel to people who cannot afford attorneys in certain civil
limited civil matters that deal with fundamental rights. The committee finalized its proposal, which
involves a change to Connecticut General Statute § 46b-54 that will allow the Connecticut Superior Court
to appoint counsel to litigants in certain child custody cases. The Legislative Review Committee
recommends the change, which will be submitted to the HOD for consideration at its June 2009 meeting.
Committee member Don Holtman will address the HOD on this issue.
Promotion of Pro Bono Activities
The committee is discussing ways in which it can promote pro bono activities during National Pro Bono
Week, October 25-31, 2009. In addition, the committee plans to have a “Pro Bono Column” in the
Connecticut Lawyer, beginning in fall 2009.
COMMITTEE ON PROFESSIONAL ETHICS
WICK R. CHAMBERS, CHAIR
PURPOSE
The principal work of the committee is to provide members of the bar with opinions on matters of
professional ethics, usually involving interpretations of the Connecticut Rules of Professional Conduct.
Written requests for opinions are referred to a committee member for preparation of a draft opinion, which
is then debated and considered for adoption or rejection at the monthly meeting of the committee. Some
opinions are referred to subcommittees for research, reconsideration, and revision. All of the committee
members are, therefore, given an opportunity to participate in the activities of the committee; and all of
them do. The monthly meetings are well attended by members, and the discussions are lively and wellinformed.
The committee issues informal and, occasionally, formal opinions. The formal opinions are published in the
Connecticut Bar Journal, the Lawyer’s Diary, and the ABA/BNA Lawyers Manual on Professional
Conduct. Informal opinions are provided to the Yale, UCONN, and Quinnipiac law libraries, and are made
available at the CBA office and are published in the Connecticut Lawyer magazine. Digests are published
in the ABA/BNA Manual. The CBA publishes annually the Professional Responsibility Reference Guide,
which includes updated formal and informal opinions rendered by the committee since adoption of the
Rules of Professional Conduct in Connecticut on October 1, 1986.
The requests are usually from members of the Connecticut Bar and concerns what they should ethically do
in the future. The committee normally does not get involved in deciding whether someone other than the
requester can do something in the future, or whether the requester or someone else acted ethically in the
past, as the committee is not equipped to adjudicate disputes.
ANNUAL REPORT
In 2008 and the first part of 2009 the Ethics Committee issued opinions on three issues of national
significance: aggregate settlements (at issue in the Vioxx litigation), the propriety of a lawyer signing a
client’s signature with the intent of hiding the lawyer’s involvement (a technique sometimes used by socalled debt relief mills), and collaborative divorce. The committee also issued opinions concerning the duty
to disclose a client’s threat, whether an irrevocable letter of protection covers interest charged by the
medical provider, payment of funds due clients when lawyers dispute a division of fees, revealing client
information to a third party in the context of a fee arbitration and ethical issues relating to a lawyer’s
intentional refusal to pay a portion of income tax due as an expression of civil disobedience.
Members of the committee also put on CBA seminars on legal ethics in general and were presenters on
legal ethics at seminars on workers’ compensation law, ERISA liens, and career change.
At the request of the Superior Court Rules Committee, the Ethics Committee also participated in the
process of reviewing and commenting on proposed amendments to Rule 1.14, Client Under a Disability.
As it has for many years, the committee continued to provide telephone support to lawyers, non-lawyers,
and the press who had questions about the Rules of Professional Conduct as applied to a wide variety of
factual circumstances, including the ethical obligations of a JAG lawyer involved in a capital case.
In 2009 the committee will begin the process of comparing Connecticut’s Rules of Professional Conduct to
the ABA Model Rules to identify and consider differences between the Model Rules and Connecticut’s
Rues that have not yet been considered in Connecticut.
I am grateful to members of the committee who devote a great deal of time to the process of drafting
opinions, discussing and debating issues at meetings, re-drafting opinions, putting on seminars, and
providing telephone support. Committee members play an important role in helping Connecticut lawyers
discharge our collective obligation of self-regulation.
PUBLIC SERVICE RECOGNITION
COMMITTEE
BARBARA J. COLLINS, CHAIR
PURPOSE
The Public Service Recognition Committee was created to study the activities of members of the CBA who
donate professional services and/or other services to non-profit entities and needy individuals, which
services are not pro bono under definition utilized by the CBA Pro Bono Committee; to promote the
contribution of such services by members of the CBA; and to develop criteria by which the CBA can
recognize members with the Citizens of the Law Award whose contributions of such services have been
noteworthy. The committee also has responsibility to recognize non-lawyers who make a substantial
contribution to the legal community with the Citizen for the Law Award.
ANNUAL REPORT
In 2007, a survey was done of members and 173 responded. The survey showed that the numerous lawyers
donating many hours to help their communities. Using data from the responses to the survey, the committee
recognized Susan Asselin-Connolly in the fall of 2008 with the Citizen of the Law Award. An article about
the committee, the survey, and the recipient was in the Connecticut Lawyer at that time and Attorney
Asselin-Connolly will be recognized at the Annual Meeting luncheon.
A second survey is to be done shortly. The committee hopes that the Connecticut Lawyer article and award
at the Annual Meeting will generate even more responses to the survey. It is the hope of the committee to
recognize at least one lawyer annually with the public service award.
Likewise the committee is reviewing ways to solicit information concerning non-lawyers and their
contributions to the legal committee in order to make the Citizen for the Law Award an annual event.
STANDING COMMITTEE ON
STANDARDS OF TITLE
DENIS R. CARON, CHAIR
PURPOSE
The Standing Committee on Standards of Title has the responsibility of (1) considering, formulating, and
proposing new Standards of Title; (2) reviewing and updating present Standards of Title; and (3) soliciting
suggestions from members of Connecticut’s conveyancing bar with respect to title matters where the
formulation of new standards would be helpful.
ANNUAL REPORT
Chapter 30, dealing with common interest communities, was finally approved by the Board of Governors in
January 2009. It is anticipated that this new chapter will be available to practitioners in later spring 2009,
along with Chapter 29, another recently approved chapter dealing with tax collector deeds. Both of these
new chapters address a variety of issues that arise on a regular basis in these two areas of real property law,
so it is quite likely that these chapters will see a considerable amount of use in years to come.
The committee has begun work on a new chapter to address title issues encountered in the area of
leaseholds, and has also undertaken a review of chapter 27, relating to bankruptcy, in order to have these
standards reflect a variety of changes to bankruptcy law that were promulgated subsequent to the original
approval of this chapter in 2000. The committee is pleased to acknowledge the able assistance of Attorney
Thomas Gugliotti in identifying and drafting the revisions. The revisions to chapter 27 do not require
approval by the Board of Governors, so it is anticipated that these revisions will be completed by the end of
the current business year, and perhaps be available for distribution simultaneously with Chapters 29 and 30.
The committee is always attentive to requests or suggestions by the bar regarding potential new standards
or modifications or corrections to existing ones. Please feel free to contact any member of the committee
with any such proposals.
Dennis P. Anderson, Milford
Richard J. Beatty, Guilford
Denis R. Caron, Rocky Hill (Chair)
George H. Jackson III, Danielson
James A. Nugent, Orange
Ellen L. Sostman, Rocky Hill
William C. Stokesbury, Farmington
John D. Thomas, East Hartford
STANDING COMMITTEE
ON PROFESSIONALISM
LOUIS R. PEPE, CHAIR
PURPOSE
The mission of the Connecticut Bar Association (CBA) Standing Committee on Professionalism is to
enhance the level of professionalism among lawyers and judges and to promote their commitment to the
Lawyers’ Principals of Professionalism (adopted by the Connecticut Bar Association House of Delegates
on June 6, 1994), by: (1) encouraging, recommending, and providing assistance to CBA committees and
sections in the development and coordination of professionalism initiatives; (2) encouraging and providing
assistance to local bar associations, law schools, and the judiciary in their efforts to improve
professionalism; (3) educating members of the legal profession and the public about professionalism issues;
and (4) identifying, evaluating, and reporting on trends and developments affecting lawyer professionalism
and proposing and implementing programs to address them.
ANNUAL REPORT
During the past year, the Standing Committee on Professionalism undertook an exciting new venture when
it was invited by The Honorable Chase T. Rogers, Chief Justice of the Supreme Court, to assist the Judicial
Branch in the implementation of one of the objectives of the Branch’s newly adopted Strategic Plan; i.e.,
enhancing civility and decorum in the courtroom. The joint effort began with the appointment of The
Honorable Alexandria DiPentima to the Standing Committee on Professionalism and will continue with the
appointment of a trial judge to the standing committee to give it the benefit of that perspective. The Branch
and standing committee will cooperate and collaborate on the standing committee’s programs, such as its
Annual Bench/Bar Professionalism Symposium, its work to introduce professionalism to law students, and
its pursuit of a mentoring program for new admittees to the bar.
On a related front, in recognition of the recent undertaking by law schools to include the teaching of
professionalism in their curricula, the standing committee invited the law school deans from the four area
law schools to a “summit meeting” to discuss how the standing committee might assist with or participate
in that effort. The chief justice, recognizing the importance of teaching law students this subject before they
even enter the profession, indicated her support of the conference and her intention to attend. The
conference will be held this spring or early fall.
Finally, on November 7, 2008, the standing committee once again presented its signature event—the
Annual Bench/Bar Professionalism Symposium. This year the program was presented in conjunction with
the Hartford County Bar Association and featured a plenary session on major issues affecting
professionalism today, the usual breakout discussion sessions for civil, criminal, family, juvenile, probate,
and business lawyers, and an inspiring keynote luncheon address by Justice Richard N. Palmer.
I would like to take this opportunity to thank the standing committee members for their ongoing work to
enhance professionalism, and for the full support for that endeavor the Standing Committee has always
received from the Judicial Branch.
UNAUTHORIZED PRACTICE OF LAW
COMMITTEE
CARL M. PORTO, CHAIR
PURPOSE
The Unauthorized Practice of Law (UPL) Committee continues to receive inquires, complaints, and
requests for information regarding what constitutes the authorized practice of law in the State of
Connecticut. As previously indicated, when appropriate, the committee issues written “informal opinions,”
which are now available on the CBA Web site.
ANNUAL REPORT
Now that the Definition of the Practice of Law (Superior Court Rules, Chapter 2, Section 2-44a), the
Authorized House Counsel Rule (Superior Court Rules, Chapter 2, Section 2-15a) and a modified version
of Section 5.5 of the Rules of Professional Conduct (multijurisdictional practice) have been adopted, one
focus of the committee has been the various proposed amendments to Section 51-88 of the Connecticut
General Statutes, which concerns itself with the unauthorized practice of law in Connecticut. There have
been several proposed bills to amend the statute. Most of these contain a provision that elevates the
unauthorized practice of law to a felony, as opposed to the current misdemeanor penalty for a violation of
the statute. There are also other proposed changes to the statute, which are currently subject to judicial and
legislative review, some of which differentiate the penalty for the unauthorized practice of law based upon
certain conduct and professional standing. There are also changes to the Rules which have, in some cases,
been adopted and others that are under consideration. The committee has been, and continues to be,
involved in these issues.
Another focus of the committee is the Internet, and in particular Web sites that offer services that may
constitute the unauthorized practice of law in Connecticut. A special task force has been created by
President Barndollar, chaired by former CBA President Lou Pepe, to review these Internet Web sites and
determine what action, if any, should be taken by the CBA. The task force and the UPL Committee will
combine their efforts in this regard.
As I have previously indicated, the business of the UPL Committee continues to be active, and I again wish
to thank all of the committee members for their time, effort, and hard work.
WOMEN IN THE LAW COMMITTEE
ALICE A. BRUNO; STACY SMITH WALSH, CO-CHAIRS
PURPOSE
The Women in the Law Committee (WILC) offers an opportunity and forum for CBA members to network,
explore ideas, raise concerns, broaden their knowledge, and educate others, both about issues impacting our
legal community generally, and the experiences of women in the profession particularly. The committee is
unique in that, for the last two years, it has joined seamlessly with its Young Lawyers Section counterpart,
the YLS WILC, in planning and programming. The two committees hold joint meetings and co-sponsor
events, working in conjunction with each other to expand the reach and impact of each, and to build a
continuum of leadership.
The WILC co-chairs welcome any and all CBA members to join its efforts and activities. The WILC is also
hopeful that its membership roster will increase significantly over the next one to two years as we continue
to develop meaningful programming for attorneys in the Association and across the state.
ANNUAL REPORT
The WILC has focused its programming in four areas: regular committee meetings, special events, Annual
Meeting programs, and continuing the work of the CBA Task Force on the Future of Women in the Legal
Profession by continuing to strive for implementation of the Best Practices for Gender Equity at legal
employers across Connecticut.
Meetings
The committee holds its meetings at varying locations during the year to accommodate members and guests
from different geographic areas. The meetings feature topics of interest for women attorneys. This year, our
committee meetings were held in New Britain and Hartford. In November, we featured a discussion of the
Best Practices program and how to implement it, as well as solicited ideas for future programming. In
March, we hosted a discussion group in Hartford on the book She Wins, You Win: The Most Important
Strategies for Making Women More Powerful and moderated a lively discussion of the way gender can
influence power and professional relationships.
Special Events
The Committee hosted (or will be hosting) several special events this year:
•
April 29, 2009: a networking event, in association with the Women’s Law Student Association at
the University of Connecticut School of Law, honoring the Connecticut Bar Foundation’s
“Women in Black” photographic portrait exhibit of women judges in Connecticut; the program
was designed to bring law students into contact with both the organized bar and to build
relationships among and between women lawyers and judges.
•
May 21, 2009: “Pathways to Leadership for Women Lawyers,” sponsored also by the Young
Lawyers Section, presenting a panel discussion of prominent women lawyer leaders in
Connecticut talking about leadership and their personal experiences in becoming and staying a
leader, and concluding with an awards banquet honoring this year’s recipient of the Ladder
Award, Kathleen A. Brandt, of Silver Golub and Teitell, and featuring a keynote presentation by
Appellate Court Judge Alexandra DiPentima.
•
May 28, 2009: a domestic violence prevention roundtable discussion, in connection with the
American Bar Association Young Lawyers’ Division national service project: “Voices Against
Violence” (a call to action for young lawyers around the country to join forces to end domestic
violence); the program gathered a multi-disciplinary group of people involved with domestic
violence issues (advocates, attorneys, judges, law enforcement, etc.) to discuss local problems and
issues, determine what programs are up and running, assess what is needed, and figure out how
young lawyers can help with this issue.
Annual Meeting Programming
WILC is sponsoring or cosponsoring two programs at the Annual Meeting this year: One continues the
effort to move the profession toward the Best Practices for Gender Equity (see description below); the other
focuses on an international human rights issue: the prosecution of rape and sexual assault as war crimes.
The war crimes program was planned and presented in conjunction with the Young Lawyers, Human
Rights and Responsibilities and International Law Sections, and is entitled: “Rape and Sexual Assault as
War Crimes: A Call to Action.” The war crimes program brought nationally-recognized speakers to
Connecticut and expanded the subject matter and reach of the committee to issues beyond those simply
affecting our profession.
Best Practices for Gender Equity
The WILC remains the delegate of the CBA Task Force on the Future of Women in the Profession with
respect to advancing the Best Practices for Gender Equity and the accompanying Pledge for legal
employers. The ongoing projects of the WILC include: monitoring employers’ commitments to the Best
Practices, providing resources for firms and for prospective employees about hiring practices, and other
aspects relating to continuing the mission of the task force. Specific plans include a roundtable for law
students regarding what being a “Best Practices” employer means, programming for legal employers
regarding their own obligations under the Pledge, and implementing a survey as a follow up to the survey
the Task Force conducted to assess the progress of the profession with respect to issues important to and
faced by women in the profession. As described above, and in connection with its responsibilities as the
monitor of the Best Practices, the WILC is sponsoring a program at the Annual Meeting designed to
address ongoing questions by legal employers about the Pledge and the Best Practices.
STANDING COMMITTEE ON
WORKERS’ COMPENSATION CERTIFICATION
FRANK A. MAY, ESQUIRE, CHAIR
PURPOSE
The Standing Committee on Workers’ Compensation Certification is responsible for administering the
CBA program that evaluates, tests, and approves qualified attorneys as Board Certified Specialists in
Workers’ Compensation, pursuant to authority granted by the Rules Committee of the Connecticut Superior
Court.
ANNUAL REPORT
During this year, a thorough review of the committee’s standards, rules, and procedures was completed,
resulting in a number of proposed revisions. The revisions were approved by the Rules Committee of the
Connecticut Superior Court and became effective on January 1, 2009.
The committee also completed the review and recertification of those attorneys certified in 2004 who
wished to continue their certification as specialists for another five years. Plans to administer a qualifying
written test in May 2009 were delayed when the committee failed to receive the minimum number of
qualified applicants (6) required to administer the test in a given year. The test will be given at a later date
yet to be announced.
There are now 49 attorneys practicing in Connecticut who are qualified as Board Certified Specialists in
Workers’ Compensation.
During the last year, the Standing Committee staff has also been involved, as it has every year, in assisting
other sections of the Bar Association that are considering, exploring, or attempting to qualify other
recognized specialties for certification in the State of Connecticut.
CBA SECTIONS, COMMITTEES, AND TASK FORCES
SECTIONS
Administrative Law Section
Alternative Dispute Resolution Section
Antitrust and Trade Regulation Section
Business Law Section
Commercial Law and Bankruptcy Section
Construction Law Section
Consumer Law Section
Corporate Counsel Section
Criminal Law Section
Elder Law Section
Environmental Law Section
Estates and Probate Section
Family Law Section
Federal Practice Section
Financial Institutions Section
Franchise Law Section
General Practice/Solo-Small Firms Section
Health Law Section
Human Rights and Responsibilities Section
Insurance Law Section
Intellectual Property Law Section
International Law Section
Labor and Employment Law Section
Litigation Section
Planning and Zoning Section
Public Utility Law Section
Real Property Section
Sports and Entertainment Law Section
Tax Section
Technology Law Section
Workers’ Compensation Section
Young Lawyers Section
COMMITTEES
Affordable Housing and Homelessness Committee
Animal Law Committee
Appellate Advocacy Committee
Business Torts Committee
Committee on the Courts
Commercial Finance Committee
Connecticut Council of Bar Presidents
Connecticut Bar Journal Board of Editors
Connecticut Lawyer Advisory Committee
Continuing Legal Education Committee
Creditors’ Rights Committee
Disability Law Committee
Dispute Resolution in the Courts, Standing Committee
on
Education Law Committee
Indian Law Committee
Insurance Programs for the Bar Committee
Law-Related Education Committee
Lawyer-to-Lawyer Dispute Resolution Committee
Leadership Academy Working Group
Media and the Law Committee
Municipal Law and Governmental Services Committee
Paralegals Committee
Pro Bono Committee
Professional Discipline Committee
Professional Ethics, Standing Committee on
Professionalism, Standing Committee on
Public Service Recognition Committee
Resolution of Legal Fee Disputes, Committee on
Senior Lawyers Committee
Standards of Title, Standing Committee on
Unauthorized Practice of Law, Committee on
Unbundled Legal Services Committee
Veterans’ and Military Affairs Committee
Women in the Law Committee
TASK FORCES
(ALSO APPOINTED BY PRESIDENT OR BY HOUSE OF DELEGATES
Task Force on Attorney Trustee Accounts
Task Force to Challenge the Unauthorized Practice of
Law
Task Force on the Future of the CBA
IN ONE CASE)
Task Force on Legal Services Funding Task Force
Multi-Jurisdictional Practice Task Force
Task Force for the Study of a Mentoring Program for
Newly Admitted Lawyers
Task Force on Youth in Crisis
APPOINTED BY CBA PRESIDENT
Audit Committee
Awards Committee
Membership Committee
Nominating Committee
Diversity Ambassador
Executive Director Compensation and Review
Committee
Elections Committee
Fair & Impartial Judiciary Standing Committee
Task Force on the Federal Judiciary
Legislative Review Committee
Liaison with the state Government, Committee on
Veteran’s Affairs Committee
Worker’ Compensation Certification, Standing
Committee
Workers’ Compensation Certification Examining
Committee