2007 Issue 1 - New York City Bar Association

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R E C E N T C O M M I T T E E R E P O R T S have ultimate authority over the hiring and supervision of both in-house and outside lawyers. The report also argues that New York should amend its ethical rules for lawyers to permit them to disclose to regulatory authorities criminal or fraudulent conduct by a client company’s management utilizing the lawyer’s services, as well as clearly illegal conduct. However, such a permissive right to disclose would be recognized only as a last resort, and the report opposes imposing a mandatory duty to report client wrongdoing. Employee Benefits “Employer Stock Litigation: The Tension Between ERISA Fiduciary Obligations and Employee Stock Ownership,” a report. The recent litigation involving employer stock held in Eligible Individual Account Plans (EIAP) raises numerous issues for courts, plan sponsors, plan fiduciaries and anyone with a personal or professional interest in U.S. employee benefits policy. These issues include: should the holding of employer stock in employee benefit plans be subject to the same fiduciary standards as other plan investments, to the standards set forth in the securities laws, or to some other standards And does, or should, ERISA impose any special duty on a plan fiduciary who obtains non-public information about a company’s prospects in his or her role as a corporate officer The report examines these issues and others, and offers for consideration suggestions and recommendations that are based on experience in this field. Energy Report: Electric Regulation in the State of New York, looks at a number of issues pertinent to the regulation of the electric industry in New York. The report concludes that the State’s most significant energy issue is the encouragement of construction of new generating capacity in New York State where it is needed and that new generating capacity is needed to address reliability issues and the market conditions in southeast New York over the next few years. In addition the report recommends that the State reinstate some form of energy planning. Environmental Law Letter to the New York Department of Environmental Conservation regarding proposed changes by the New York State Department of Environmental Conservation (“DEC”) to its air permit regulations at 6 NYCRR Parts 200, 201 and 231. The letter expresses support for the DEC’s decision T H E R E C O R D 10
R E C E N T C O M M I T T E E R E P O R T S to move forward and adopt its own Prevention of Significant Deterioration (“PSD”) program instead of continuing under a delegation of the federal PSD program. Adoption of a state-approved PSD program, the letter argues, will simplify the permitting process for applicants because applicants will be subject to one set of permitting procedures. Further, it will enhance public participation because the communities near permitted facilities will only need to understand the state’s public participation procedures, and not both the state and federal procedures. The letter also offers comments regarding the implementation of New York’s PSD and NSR program. Letter to the New York State Department of Environmental Conservation generally supporting the implementation of the Regional Greenhouse Gas Initiative (RGGI) in New York. The letter expresses some concerns that the initiative lacks sufficient detail regarding how the proceeds of the annual auction will be used. Estate and Gift Taxation Report commenting on certain provisions of the Pension Protection Act of 2006 that relate to the estate, gift and income tax charitable deductions for gifts of fractional interests in tangible personal property. The report argues that these provisions are inconsistent with Congress’s intent and that unless amended through technical corrections, they will effectively shut down an important avenue of charitable giving. The report sets forth proposed technical corrections as well as proposals for regulatory action. Follow-up letter to the U.S. Senate Committee on Finance regarding the Committee’s December 2006 report which offered technical corrections to certain provisions of the Pension Protection Act of 2006 relating to charitable gifts of fractional interest in tangible personal property. Family Court and Family Law Letter to the New York City Administration for Children’s Services supporting the agency’s collaboration with the Nurse-Family Partnership to help fund a program for pregnant teenagers in the agency’s foster care population. Letter to New York City Administration for Children’s Services (ACS) expressing support for the agency’s burgeoning collaboration with the Nurse- 2 0 0 7 V O L. 6 2 , N O. 1 11
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2007 Issue 1 - New York City Bar Association

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