New York City Bar Association Podcast

New York City Bar Association

Podcast by New York City Bar Association

  1. 6d ago

    The Server Test and Substantial Similarity: Assessing the Second and Ninth Circuit’s Divergent Approaches to Copyright Law

    In this episode, a panel of legal experts discusses the different approaches taken by the Second and Ninth Circuits on two key areas of copyright law: substantial similarity and the Server Test. Presented by the New York City Bar Association’s Copyright & Literary Property and Entertainment Law Committees, the panel explores recent and emerging case law and the Second and Ninth Circuits’ divergent approaches to analyzing substantial similarity, a key element of copyright infringement, as well as the ongoing debate surrounding the Server Test, which addresses whether the posting of online content constitutes a “display” within the meaning of the Copyright Act. Moderated by Dwayne Amos, Associate at Kasowitz LLP, the episode features a panel of leading copyright litigators and experts, including: • Barry Werbin, Counsel, Herrick Feinstein LLP • Aaron Moss, Partner, Mitchell Silberberg & Knupp LLP and author of the Copyright Lately blog • Marc Lebowitz, Principal, Lebowitz Law Office • James Bartolomei, Of Counsel, Duncan Firm The wide-ranging discussion covers the practical implications of these divergent approaches for copyright owners, litigators, content creators, online platforms, forum selection, free speech, and the application of copyright law nationwide. This episode was produced by Jose Landivar, Senior Associate at Coates IP LLP, with contributions from Philippa Loengard, Executive Director, Kernochan Center for Law, Media and the Arts and Lecturer in Law at Columbia Law School, and support from the New York City Bar Association Communications Team. Copyright Lately: Creative Law for Curious People – www.copyrightlately.com

    48 min

  2. Apr 23

    The Genius Act and Payment Stablecoins: A Regulatory Deep Dive

    Tiffany Smith (WilmerHale) speaks with Beth Haddock (Warburton Advisers) and Boaz Goldwater (Davis Polk) about Treasury’s notice of proposed rulemaking implementing the Genius Act’s framework for regulating payment stablecoins, focusing on guidance for state regimes to qualify as “substantially similar” to the federal approach. This podcast episode from the City Bar’s Presidential Task Force on AI and Digital Technologies compares the dual federal/state structure to banking and securities regulation, and describes “uniform” requirements versus areas with limited state calibration (e.g., capital, liquidity, supervisory procedures). We discuss the inter-agency stablecoin certification review committee’s discretion, challenges from evolving OCC standards, and the ten billion outstanding issuance threshold that triggers transition to OCC supervision while retaining state oversight, with possible waivers for certain pre-existing state regimes. We highlight key ambiguities for issuers, including moving federal benchmarks, supervisory capacity, and unresolved capital/liquidity measurement issues. 01:38 Genius Act Rulemaking Overview 03:08 Dual Federal State Framework 04:17 Why a State Pathway 09:31 State Discretion in Practice 11:31 Managing Moving Goalposts 13:34 Certification Review Committee 15:56 Reserve Capital Liquidity Rules 19:05 Crossing the 10 Billion Threshold 23:42 Supervision and Enforcement Capacity 25:33 Choosing State vs Federal Oversight 28:20 Open Questions and Comment Priorities

    32 min

  3. Apr 17

    Richard Tuske's 50 Years in the City Bar Law Library

    In this episode, beloved City Bar figure Richard Tuske reflects on his remarkable 50-year journey with the City Bar Law Library, from starting as a page in 1972 to serving today as Senior Director of Library Operations on the eve of retirement. Along the way, he shares vivid stories with Legal History Committee Chair Abigail Nitka on the library’s transformation into one of the most prominent legal libraries in the world—from towering stacks to the dawn of digital research and early Westlaw and Lexis—along with behind-the-scenes anecdotes on the history of City Bar membership, unusual research requests, the auction of a remarkable rare-books collection, a failed merger attempt, and the library’s technological evolution. 00:00 Podcast Welcome  01:03 Early Page Years  07:30 From Stacks To Screens  14:53 Computer Revolution Begins  19:05 Unusual Research Request  25:24 Famous City Bar Members Spotlight  30:18 Salt Mines Preservation  33:36 What Remains Today  36:59 Computers Transform Research  41:08 Library Merger Attempt  43:52 Rare Books Collection & Auction  51:30 Future Library After Retirement  58:29 Legacy and Farewell

    1h 2m

  4. Apr 2

    President Trump's Cyber Strategy

    The City Bar’s Presidential Task Force on AI and Digital Technologies dives deep into the six pillars of President Trump’s March 2026 Cyber Strategy for America: Shape Adversary Behavior; Promote Common Sense Regulation; Modernize and Secure Federal Government Networks; Secure Critical Infrastructure; Sustain Superiority in Critical and Emerging Technologies; and Build Talent and Capacity. Task Force co-chair Jerome Walker joins Sabeena Ahmed Liconte (Head of Legal & Chief Compliance Officer, Americas at ICBC Standard Bank Group) and Alex Southwell (Partner, McDermott Will & Schulte) to discuss the “aspirational” strategy in its totality, including its offensive, defensive, and future-minded qualities, as well as its challenges and the surrounding requirements for the strategy to be successful and ensure global compliance. If you are interested in learning more about emerging AI developments and policy, join us for the 2026 Artificial Intelligence Conference on June 18 to hear from industry experts and connect with leading legal professionals across the field. 00:00 Welcome and Cyber Strategy Overview 02:07 Meet the Panelists 04:44 Big Picture Reactions 12:30 Pillar One - Shape Adversary Behavior 28:28 Pillar Two - Promote Common Sense Regulation 42:19 Pillar Three - Modernize and Secure Federal Government Networks 52:22 Pillars Four & Five - Secure Critical Infrastructure & Sustain Superiority in Critical and Emerging Technologies 01:01:23 Pillar Six - Build Talent and Capacity 01:06:11 Closing Thoughts

    1h 11m

  5. Mar 26

    Women’s History Month Conversation with Judge Bianka Perez: Heritage, Discernment and Legacy

    In a special Women’s History Month episode, City Bar President Muhammad Faridi speaks with Judge Bianka Perez, an associate justice of the New York Supreme Court and president of the Supreme Court Justices Association. Judge Perez speaks about her path to the bench – her roots as a Bronx paralegal and office manager, through night classes at New York Law School, and a legal practice serving both her intellectual ambitions and her commitment to supporting her community. Perez discusses how private practice shaped her perspective on judicial empathy, how her Dominican heritage and role models influence her leadership and service, and how mentoring students is a priority. She addresses the difficulty of rulings constrained by statute and precedent, coping with the stress of judging, and defines success as making history and lifting the next generation of Latina leaders. Want to hear more from women who lead? Check out the most recent International Law Conference on the Status of Women hosted at the City Bar, where we honor the women judges who uphold justice for all with courage and integrity: https://www.nycbar.org/videos/2026-annual-international-law-conference-on-the-status-of-women/ 00:00 Welcome and Women’s History Month 00:26 Judge Perez’s Bronx Beginnings 02:04 Working Full Time in Law School 04:43 Why Private Practice Matters 06:00 Law School Through a Practitioner Lens 08:22 Opening a Storefront Practice 11:39 Dominican Roots and Bronx Service 15:36 Bar Leadership and Becoming a Judge 18:47 When the Law Ties Your Hands 21:15 Life Experience on the Bench 24:02 Choosing the Judgeship Path 27:27 Mentoring and Paying It Forward 31:38 Carrying the Work Home 34:25 Success, Advice, and Closing

    41 min

  6. Mar 19

    Mental Health Reform at a Crossroads in New York

    New York is facing a growing mental health crisis, and the systems meant to support people are struggling to keep up. Efforts to fix an inadequate system have given rise to dueling reform proposals. Maia Goodell, Chair of the City Bar's Mental Health Law Committee, hosts today's podcast in conversation with Dr. Thomas Insel, Former Director, National Institute for Mental Health; Arvind Sooknanan, New York–based mental health advocate and civic leader; Dr. Ashwin Vasan, Former Commissioner, New York City Department of Health and Mental Hygiene; and Ken Zimmerman, Attorney & CEO of Fountain House. They discuss existing reform efforts and explain those efforts' real-world impact, focusing on what they mean for care, public safety, and the rights of vulnerable individuals across the state. Access a transcript of this episode here: https://bit.ly/417gwTW

    1h 32m

  7. Mar 5

    Unlocking Intuition: A Lawyer's Hidden Asset

    Scott Mason talks with Sara Walshe about what intuition is and how lawyers can use it to feel better, work smarter, and avoid burnout. Sara describes intuition as an immediate “knowing,” and says it can show up either as experience-based pattern recognition (like a strong BS meter built from years of practice) or as a deeper inner knowing that’s hard to explain. They discuss how to tell intuition apart from wishful thinking, how confidence can shape outcomes, and why “doom” feelings may be more about instinct and survival. Sara shares stories from studying for the bar, negotiating plea deals as a Brooklyn prosecutor, and eventually leaving law to combine yoga, mindfulness, and coaching. She emphasizes that intuition is easier to access when you feel safe, and suggests simple mindfulness tools—like slow finger rubbing paired with a deep breath—to get grounded in the moment. Want to learn more about combining mindfulness techniques with your legal practice? Get involved with the sponsor of today’s podcast, the Mindfulness and Well-Being in Law Committee! A great opportunity is coming up on March 26, join the committee’s Mindfulness and Well-Being in Law Book Club (nycbar.org/calendar). Reading the book is encouraged but not required to take part in this community space. 00:00 Defining intuition 02:22 Two types of knowing 04:13 Wishful thinking vs intuition 07:21 Bar exam visualization 16:18 Using intuition in practice 19:38 Negotiation and efficiency 27:49 Office politics and EQ 30:57 Leading with intuition 34:26 Soft Skills Are Hard 35:07 Lawyer Identity Beyond Work 36:38 Connection Crisis and Screens 39:12 Marriage Lens of Intuition 40:21 When Not to Use Intuition 41:06 Intuition and Instinct Dance 49:16 Prosecutor to Coach Story 55:37 Mindfulness for Intuition 57:25 Fingertip Grounding Trick 58:45 Closing Thanks and Credits

    1h 8m

  8. Feb 19

    America's AI Action Plan

    The City Bar’s Presidential Task Force on AI and Digital Technologies hosts today’s podcast on President Trump’s:  Winning the Race, America's AI Action Plan. Task Force co-chair Jerome Walker is joined by task force members Matthew Bacal (Davis Polk), Azish Filabi (American College of Financial Services), Robert Mahari (Stanford Codex), and Evan Abrams (Steptoe), to review the plan’s three pillars and key action steps. Pillar One (“Accelerate AI Innovation”) is described as largely deregulatory, including agency review of rules and certain FTC/FCC actions, with targeted concerns such as ideological bias and synthetic media in the legal system, plus investments in open-source/open-weight models, data, interpretability, evaluations, and government/DoD adoption. Pillar Two (“Build American AI Infrastructure”) focuses on the physical side of AI—permitting for data centers and fabs, energy and grid expansion, semiconductors, water for cooling, workforce training, cybersecurity, and “security by design,” while anticipating trade-offs and litigation. Pillar Three (“Lead in International AI Diplomacy and Security”) balances support for exporting US “full stack” AI with tighter national security controls, including stronger export-control enforcement and participation in international bodies primarily to counter China. The conversation closes with suggestions for improving the plan by strengthening trust, safety/rights considerations, and maintaining flexibility as AI capabilities evolve. If you are interested in learning more about emerging AI developments and policy, join us for the 2026 Artificial Intelligence Conference on June 18 to hear from industry experts and connect with leading legal professionals across the field. 00:00 Trump’s 2025 AI Action Plan: Big Goals, Short Document, 3 Pillars 03:23 Pillar One Preview: 15 Action Steps to ‘Accelerate AI Innovation’ 09:16 Meet the Panel + Setting Up the Pillar One Deep Dive 11:21 Pillar One Explained: Deregulation, Free Speech, Data Sharing, Evaluations, and Trust 18:33 Key Takeaways for Stakeholders: Business, Finance, Civil Society, and Tech 23:57 Which Pillar One Steps Matter Most? Sequencing, Competitiveness, and Data Access 27:52 Pillar Two: The Physical Side of AI—Energy, Chips, Data Centers 36:32 Critical Infrastructure Security: Physical Risks, Cyber Threats & ‘Security by Design’ 37:14 Data Poisoning Explained: How Training Data Can Be Manipulated at Scale 38:00 Workforce Training at Scale: From Trades to Semiconductor Talent Pipelines 38:52 Wrapping Pillar Two: China Competition, Speeding Projects, and Ranking Priorities 40:34 What Lawyers & Judges Need to Know About Pillar Two (Red Tape, Legal Tech, Litigation) 45:30 Pillar Three Overview: Balancing Global AI Leadership with National Security Controls 50:05 Pillar Three Priorities by Industry: Export Controls, Frontier Evaluations & Data Center Risk 58:56 Why Engage International AI Bodies? Countering China and Filling the Leadership Vacuum 01:03:20 Trump vs. Biden Narratives: Competition vs. Safety—What Should Change in the Plan? 01:07:38 Panel Advice to Improve the Action Plan: Rights Framework, Nimble Policy, Safety & Research Funding

    1h 19m
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5
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9 Ratings

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Podcast by New York City Bar Association

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