| SUMMER 2001
- VOLUME 12 , NUMBER 2 Report from the Chair The Armenian Bar Association Returning to Armenia Davit Harutyunyan Speech At The Annual Meeting in Las Vegas Membwes in the news and on the move Practice Profile - Immigration Law Annual Meeting in Las Vegas is a Success Garo Ghazarian makes impression on annual meeting Brian Kabateck, Esq. Provides Update on Unpaid Life Insurance Policies by New York Life Insurance Presentation by Davit Harutyunyan Justice Minister of Armenia Presentation by Garo Mardirossian - Trial Tactics Compassion is his Weapon Armenian Bar Hosts Community Education Forum on Immigration Issues Newest Members of the board of Governors Annual Meeting Committee report summaries In Support Armenian Law Student in Jessup Competition Southern California members and friends gather for pre-annual meeting social mixer Open call for law review article Report from the Chair Back to Top We are blessed to live in exciting times! A durable peace may be in sight for Nagorno-Karabagh; prominent members of the international financial community are gathering in New York to develop corporate investments in Armenia; and the attention of the world shines upon Armenia's year-long celebration of the 1700th anniversary of Christian-ity. In the midst of these and other remarkable events comes the recent news of a settlement offer by New York Life in the class action insurance coverage litigation seeking recovery for Genocide victims' insurance policies. In April, the mainstream and Armenian press characterized New York Life's offer as a "settlement in principle." However, recent developments suggest that this "settlement in principle" was more akin to an "opening salvo," and that the plaintiffs will press for a fuller recovery. In recent weeks, the Armenian Bar Association has reviewed the court file and spoken with the plaintiffs' counsel, and we are developing the Association's position with regard to the litigation and current settlement offer. Special thanks to John Pridjian for his devotion to this important task, and comments and input from all members interested in the case are welcome and appreciated. The efforts of the Armenian community in the Genocide insurance case bring to mind the 1998 Report of the Chair, in which Tamar Hajian eloquently wrote "Many challenges have arisen during the course of our activities, but none is more daunting than the call to service in the interest of our common heritage." Never was this message more true than today, and never before have so many members of our Association, in each of our geographic regions, worked so hard to serve our common heritage. By describing some of these activities for you, I hope that I will whet your appetites for such "service in the interest of our common heritage." For example -- and there are so many examples that it would be impossible to describe them all -- the Armenian Bar Association's pro bono commitment is stronger than ever, spearheaded by our pro bono chairs Azniv Ksachikyan, George Terterian and Christina Tusan, and assisted by our Grants Committee chair Amy Hoogasian, who is developing a grant application to the California Bar Foundation specifically to support our pro bono projects. Special thanks to Vicken Simonian and Saro Kerkonian, who have for many years donated substantial pro bono time to assisting fellow Armenians with immigration, housing, banking and other legal needs. Vicken and Saro, our hats are off to you for your never-ending efforts in this area! Indeed, all of our committees are more active than ever. Thanks to newsletter editors Robert Cannuscio and Melineh Blackwell, this newsletter that you are currently reading is one of our best, largest and most comprehensive ever. Thanks to the efforts of Continuing Legal Education chair Michael Babikian and Executive Director Lousine Varpetian, the Armenian Bar Association is poised to obtain approval as a Certified Continuing Legal Education Provider. This prestigious certification will enable us to expand our CLE offerings. Through the hard work of our Student Affairs chairs Rouman Ebrahim and Talar Iskanian and Membership Chair Robert Roomian, recent law school graduates and experienced practitioners have joined ArmenBar. Our Armenia Rights Watch Committee, led by Professor Ann Lousin and board member Sarah Leah Whitson, has been so active that if there was an award for "most active committee," they would well deserve it. And our grass roots efforts to improve Armenian's legal environment, spearheaded by Tom Samuelian and Tamar Hajian, have focused recently on key issues in corporate law and intellectual property in Armenia. I am also pleased to announce our new Regional Ombudsperson program. The brainchild of past Chair Harry S. Cherken, through this program ArmenBar is establishing a Regional coordinator person in each of our key Regions. These Ombudspersons will organize events around the country and serve as a resource to local members. Special thanks to our Toronto Ombudsman Vasken Khabayan, who immediately stepped up to the plate and is organizing a Toronto event. Watch our website for details about this event, and for a complete list of our Ombudspersons in Chicago, Texas, San Francisco, New York, Washington, Philadelphia, Detroit, Los Angeles and San Francisco - and contact me if you would like to volunteer. As if all of this were not enough, our September 2001 Yerevan Mid-Year Meeting, organized by Chair Tamar Hajian and Executive Director Lucy Varpetian, coincides with Armenian Independence Day and the peak of the festivities of the 1700th celebration. And, as of the writing of this Report, contracts are about to be inked for the Association's April 2002 Annual Meeting in New York, thanks to the outstanding advance work of board member Denise Darmamian. Please check our website, at www.armenianbar.org, for more information. As you can see, as I commence my term as your Chair, I am full of enthusiasm and optimism for the role that the Armenian Bar Association serves in our ever-strengthening Armenian community, and for the activities that we have planned for this year. I invite each of you to e-mail me (at lisa_esayian@chicago.kirkland.com) with your thoughts, suggestions and comments - and to volunteer for our committees, projects, regional events, and annual and mid-year meetings. Most importantly, I urge each of you to fill out and submit the membership form enclosed in this newsletter and, if you've already done so - thank you! - and please encourage a friend or colleague to join. Thank you for your support, and see you in Yerevan, New York, Chicago, Toronto, etc. etc.! The Armenian Bar Association
Returning to Armenia After a brief business meeting those attending will participate in seminars and visit major institutions and places of interest. There will be ample opportunity to interact with public officials, judges, lawyers and to observe court proceedings. All members of the Association are eligible to participate in the meeting, and families and guests are welcome. A limited number of rooms are available at Hotel Armenia between September 19-23, 2001, at the rate of $130 per night for double rooms and $100 per night for single rooms. To take advantage of the room guarantees and rates, all reservations must be made through Ara Boyadjian, New Act Travel- Telephone No. (310) 201-0808; Fax No. (310) 201-0881; E-mail address: Travelara@AOL.COM. Net fares for travel to Armenia will be charged through a consolidator/tour operator who will charge a non-refundable administrative fee of 10% for all arrangements made on behalf of a traveler. All travel arrangements must be made as quickly as possible because September is expected to be a very busy time in Armenia. The registration fee is $75.00 and it
includes the welcome reception and events on the meeting date, including a
souvenir and official visits. For
further information and registration, contact Lucy Varpetian at info@ArmenianBar.org
or 323-666-6288. Dear colleagues and compatriots, Let me express my gratitude for the honor of being given the opportunity to attend the first annual meeting of the Armenian Bar Association in the New Millennium and share with you some of my thoughts. I also would like to extend to you greetings from Armenia - our motherland or, in your case, probably, the grand-motherland. As Justice Minister of Armenia, with the background of Member of Parliament, chief advisor to the Mayor of Yerevan, and member of the parliamentary standing Committee on State Legal Issues, I would like to brief you about the major patterns of the reform and development processes of the legal system in Armenia. It has now been more than a decade since Armenia started building its way to independence. Military conflict with Azerbaijan, blockade, earthquake ruins, cold and darkness resulting from a severe energy crisis, high crime rate, economic recession, galloping inflation coupled with unsuitable and corrupt legal and political systems inherited from the Soviet times are just a few grim realities coming to the mind retrospectively. All of these were accompanied by a lack of professional expertise and experience in state-building. Because of the absence of competitive politics, free market economy and independent international relations during the Soviet times, the only alluring branch of jurisprudence used to be criminal law, and there was no strong need for good specialists in civil, commercial, constitutional or international law. Most of the successful students were striving to specialize in criminal law. Yet the few that were considered good professionals needed to change their mentality radically, trying to apply their knowledge and talent to the changing environment. However, the way of thinking cast over decades could not change overnight. This situation was further burdened with a vast brain-drain which continues until these days. Despite these difficulties, right from the very first days of its independence, Armenia started a wide range of reforms in nearly all spheres - establishing democracy, reinforcing the rule of law, ensuring human rights and freedoms, and creating conditions for the development of a free market economy. There was an urgent need for reforms that would completely revise or, in many cases, build from scratch the new law, from the Constitution to the most specific regulation, and reshape the legal institutions and infrastructure. The major principles of state-building were established by the Declaration of Independence of 1990 and the Law on Foundation of Independent Statehood of 1991, which were the first constitutional laws adopted by our Republic. Amendments to the old legislation and new laws were directed to the implementation of the principles set forth in the Declaration and the creation of a legal environment that would correspond to the new developing economic and civic relations. Just to name a few, those were the Land Code, Proprietorship Law, Law on Entrepreneurial Activity, Patent, Banking, Currency Circulation, Securities, Privatization, Foreign Investment, Bankruptcy, Collateral Laws. Other laws were enacted to regulate various aspects of social life and the relationship between the citizens and public agencies, enhance the formation of new political and administrative institutes, and establish a taxation and customs regime. It is remarkable that among the FSU countries, Armenia was a pioneer in launching certain reforms. For example, it was the first to privatize land, demonstrating its decisiveness on the road to free market economy. An important milestone in the development of our independent statehood was the adoption of the new Constitution by national referendum in July 1995. The Constitution guaranteed the protection of human rights and freedoms, established the principles of separation of powers, affixed a multi-party political system as well as other important principles of the democraticy. Reforms directed at the development of commercial law continued after the adoption of the Constitution. Among laws adopted after the Constitution were the Real Property, Joint-Stock Company, Insurance, Bank Secrecy, Bank Bankruptcy, Accounting, Advertisement, Copyright, Brand Name and many others laws. Many of these laws were drafted with the participation of foreign experts from different countries. On the one hand, this presented a great opportunity to benefit from the experience of other nations. But on the other hand, those laws were based on different legal cultures - Anglo-Centric, European-Continental, Russian and other - and especially at the middle stage of the legal reforms, the Armenian legislation could be compared with a "motley mosaic." Any new law should undergo time-testing in real life and, probably, no law can be designed to be perfect. This explains the frequent revisions to many of our laws. This process continues and even the Constitution will not elude amendments. The general approach to the reforms had to be changed to allow a common strategy which would strive to tie together different areas of economic and social life and build a body of legislation which is a unified system rather than a diverse compilation of separate legal acts adopted by various authorities. Enactment of the new Civil Code and the Codes of Civil and Criminal Procedure in 1999 also allowed to systematize the legislative processes. A few laws were absorbed into the Codes; others are effective as long as they are not in conflict with the them. Though the Constitution draws no distinction between major and regular laws (except for itself as the supreme law of the Country) legislative activity which will follow after the adoption of the Civil Code is likely to be consistent with its principles. "Good laws, if not obeyed do not constitute a good government." These words of Aristotle said more than twenty-five centuries ago are no less topical today. And as the Court is the ultimate authority and social institution, which brings the laws to enforcement, the reform of the judicial system is one of the cornerstones of overall legal reforms that Armenia is undergoing. Laws work well only if there is an independent judiciary system. Human rights and freedoms can be guaranteed only if there is an impartial judiciary and objective enforcement of the law. The old judiciary could not guarantee it for various reasons. Immediately after the adoption of the Civil Code, a new impetuous was given to further steps of legal-judicial reform. Armenia joined different international treaties and conventions including the Hague International Convention on Rules of Civil Procedure. Furthermore, the Law on Justice Council, Law on Constitutional Court, Law on Status of Judges, Law on Judiciary, Law on Mandatory Implementation of Court Orders, Law on Prosecutor's Office were enacted. Pursuant to the Constitution, the Law on Judiciary established a three-level court system. The first level is comprised of the Primary Courts or, otherwise, Courts of First Instance. The second level is represented by the Courts of Review. The highest court is the Court of Appeals. The courts are separated not just structurally and territorially, but rather functionally through hierarchical tiers. The courts of lower levels are independent from and not subordinate to the courts of higher levels in terms of handling the cases under their jurisdiction, which is aimed at ensuring the independence of judges not only in relation with other branches of power, but also within the judicial system itself. The judges in the former judicial system were elected through a general poll, which gave rise to partisanship and localism. This situation was changed after enactment of the new Constitution and laws regulating the judiciary. Unlike in common law countries and like in many continental legal systems, the judges in Armenia are appointed not based on seniority, but based on a formal procedure which regards professional experience and expertise, and allows relatively young lawyers to be appointed in the position of judge. Appointment of new judges took place in 1999. We have tried to make this process as open, objective and transparent as possible and, in general, it was successful. For the first time, the judges were selected through a multi-stage process involving interviews, computer tests and written examinations. As a result, we have enrolled a new judiciary corps, which was younger, had high professional characteristics and is more suitable for the country. As a result of the fresh approach to the process, the first period after reform was characterized by certain enthusiasm. However, the lack of financial resources sooner or later may again result in the lack of human resources. As with other parts of public service, the reform of judiciary is under risk of getting stuck in a vicious circle. In order to promote the well-being of the country, we need to attract investment and facilitate economic growth. To this end, we need to improve the infrastructure, legal system, public service etc. These in turn require attracting the best people to public service, for which there is no budget, which in turn depends on economy. One of the sectors requiring improvement and reforms is the judiciary. However, if the government cannot afford to assign to the judges salaries above subsistence level, cannot afford to pay on regular basis even those meger salaries, and, moreover, cannot even bear the logistic costs of the operation of courts, we cannot reasonably expect much, in a longer run, from a judge who is called to resolve a multi-thousand-dollar dispute between the parties one of which, by the way, may be the state. Under such conditions, one may almost justify certain level of "acceptance of gratuity" as was qualified in the latest World Bank report, since it is the only mechanism which allows to keep capable people in the public sector, unless they have certain side income from independent business or professional activity and love to be in the public sector as a matter of motivation, social status or professional self-realization. Nevertheless, corruption may not and cannot be justified under any condition, especially in any area, were decisions of public officers somehow deal with money. Armenia will not progress, unless we succeed in the struggle against corruption within the public sector. The reforms of the judiciary are probably the most tricky in that sense. For example, the operation of the State Tax Inspection of previous days, which was notorious for the level of its corruptness, was much improved after the introduction of a 10% bonus scheme from all moneys earned into the budget by those who identified tax evasion. Some kind of performance-oriented compensation may be introduced in almost all spheres of public sector, where people directly or indirectly deal with money; but not in the courts. The court is meant to be impartial and objective, even in cases that call for an award in favor of a litigant against the state budget, from which the salary of the judge is supposed to be paid. In addition, the court must be the arbiter in any dispute and the judge relative to any offender, including those giving and taking bribes. Somehow we have to think about priorities and importance of the courts. Somehow, we have to interrupt the vicious circle right where the human factor is. The enthusiasm and motivation of the first step of reforms cannot last long, if not supported by the daily bread. The judge as a central figure in the legal life of society must be the first and not the last public servant to be recalled. I can only welcome funds that are invested in different areas of business and social life. However, as long as the judiciary is in a position to, one day, affect any of them, I believe that investment in judiciary is worth making and I do not believe that it cannot be afforded, if there is strong will behind it. As the ultimate dispute resolution authority, the court shall be literally the last but not the least social institute which shall ensure obedience to laws, and as such it should be granted a suitable status. I'm glad to say that the President, as the head of the Justice Council and the guarantor of the normal operation of all branches of power, demonstrates full support for judicial reform. Along with reforming the judicial system, the system for the mandatory implementation of court orders was also fundamentally reformed. Previously, court orders were implemented by court bailiffs or marshals who were staff members of the primary courts. Such mechanism for implementation of court orders was ineffective. It was distinguished from the judiciary system and was transferred to the executive branch of power under the jurisdiction of the Ministry of Justice. In support of legal infrastructure, Armenia adopted the Law on Arbitration, and the Law on Advocacy. In general, grounded upon internationally accepted principles of arbitration, Law on Arbitration played a positive role in establishing alternative dispute resolution mechanisms. However, certain weaknesses of this law still need to be fixed by further legislation. The Law on Advocacy, provided for testing by the Ministry of Justice and licensing by collegiums of advocates for those lawyers who act as attorneys in criminal cases. Pursuant to the Constitution, specially licensed attorneys are authorized to file appeals in the Court of Appeals for the adjudication of decisions of lower courts . At the same time, by enactment of the Advocacy Law, licensing of general practitioners providing legal advice, representation and other legal services was abolished. Previously, any legal services provided not by an in-house legal advisor of a company were subject to licensing by the Ministry of Justice. Such licensing requirements creating additional difficulties and possibilities for abuse without adequate benefits to the society, were withdrawn upon the proposal of the Ministry. In the future, hopefully the nearest, we also plan to abolish Ministry testing of attorneys, upon the institution of collegiums of advocates standing strongly on their two feet. There is still place for development. In particular, norms of professional ethics are not matured into proper Codes of Ethics and the observance of such Codes by certain mechanisms within the associations is not yet effective to a satisfactory level. I am sure that ABA, with its cumulative experience could provide an invaluable assistance in helping to build healthy professional associations of lawyers in Armenia. Armenia is meant to be rich in human resources, and in a way, it is certainly so. Yet it is not easy to find a good local lawyer. Having said this, I acknowledge the development of the local bar. Lack of appropriate judicial system in the past resulted in a lower demand for lawyers who knew the law, in contrast to those who knew the judge. An attorney was often seen as a middleman between a litigant and the judge and popular perceptions of the judiciary and the law, are changing quite slowly. Despite this, there is a small but growing number of young lawyers who have a western style of thinking, are ambitious and professional, and are not afraid to attack bureaucracy and challenge what used to be considered "untouchable." The formation of healthy professional associations will only facilitate this process and your assistance in bringing high standards of legal service cannot be overestimated. In general, I have confidence and believe that all professional matters, whether licensing, certification or rules of professional ethics could better be handled by respective non-governmental professional associations, as is done in many western countries. This idea was embedded in the new Licensing Law proposed by the Cabinet, which last Monday passed the first parliamentary reading. I can mention many other positive examples, but in a couple of words, a lot was done, but much more is ahead. We have to join our efforts in the development process progressing in Armenia. I am sure we will prove that the oneness of Armenia and Diaspora is not a theoretical statement. And as a first step, I hope and wish that in the next meeting of the Armenian Bar Association in Armenia, there will be
a larger number of lawyers both from the US and Armenia. Steve Dadaian, Esq. - Steve has been a member of the Western Region Board of Directors of the Armenian National Committee since 1995. In December of 2000, Steve was elected Chairman of the ANC's Western Region Board, which includes 17 chapters. The ANC is an Armenian-American grassroots political organization that works in coordination with a network of offices, chapters and supporters throughout the Western United States, as well as our Washington D.C. office and affiliated organizations around the world, to actively advance the concerns of the Armenian-American community on a broad range of issues. Such issues include fostering public awareness of a free, united and independent Armenia; guiding U.S. policy on matters of interest to the Armenian-American community; representing the collective Armenian-American viewpoint on matters of public policy; and acting as a liaison between the community and their elected officials. Steve has been in private practice in Pasadena, California for nine years. He is primarily involved in consumer protection matters such as playground safety, product liability, medical malpractice and employment law. Most recently, Steve favorably settled a product defect case against Yamaha Motor Company Ltd., Japan and their national subsidiary, Yamaha Motor Corp., USA. During the three years it was in litigation, Steve uncovered a major design/manufacturing defect involving the brake system on one of their most popular lines of All Terrain Vehicles. Steve can be reached at 626-568-8856 or by e-mail at Sdpaslaw@aol.com. James G. Derian, Esq. - Jim has joined the law firm of Butzel Long, P.C., which is a full-service firm located in Detroit, with satellite offices in Bloomfield Hills, Lansing, Ann Arbor and Grosse Pointe, Michigan and Boca Raton, Naples and Palm Beach Gardens, Florida. Jim is practicing out of Butzel Long's Bloomfield Hills office, which is located on 100 Bloomfield Hills Parkway, Suite 200, Bloomfield Hills, Michigan 48304 (Tel: 248/258-4473). Jim specializes in business and commercial litigation and has expertise in employment disputes, insurance coverage, product liability and personal injury defense, as well as contract claims, general business disputes and land use planning. Jim also serves as an arbitrator and mediator/ facilitator for the American Arbitration Association, the local courts and private parties. He is active in local government and community organizations. He has been a speaker at seminars on a variety of topics and is proficient in Armenian. Ji9m can be reached at 248-258-4473 (phone), 248-258-1439 (fax) or derian@butzel.com. Rita M. Dermenjian, Esq. - Rita is an associate at the Fresno, California law firm of Sagaser, Franson & Jones, whose attorneys recently argued a case before the United States Supreme Court and won in a rare unanimous opinion. In a decision that greatly increases the responsibility of the Federal government, the Court ruled in Central Green v. United States that the Federal government could not hide behind a 1928 law granting it immunity from liability in floodwater damages. Rita specializes in the areas of labor and employment law and business litigation. Rita can be reached at 559-233-4800 (phone), 559-233-9330 (fax) or by e-mail at rdermenjian@hotmail.com. Kenneth Gleria, Esq. - Kenneth recently opened a new firm, Knobluch & Gleria, 1008 5th Street NW, Albuquerque, New Mexico, 87102. Kenneth has been practicing for seven years in the field of high level criminal law under the Criminal Justice Act. Kenneth obtained his law degree from the University of Utah in 1994. In addition to practicing law, Kenneth is a deacon at the local Armenian church. Kenneth can be reached at his new office at 505-243-7843 (phone), 505-247-0326 (fax). Professor Mark L. Movsesian - Mark,
a Professor of Law at Hofstra University Law School, has recently
co-authored an article entitled, "The World Trade Constitution,"
which was published at 114 Harvard Law Review 511 (2000).
Mark received his undergraduate and law degrees from Havard. In order to control the flow of individuals into the country, the United States has established various laws. The Immigration and Nationality Act was enacted in 1952 and, although it has been amended to some degree, it is still the most important immigration law in the country. This law empowers the federal government to determine whether a person is considered an alien, and what legal rights, duties, and obligations such aliens have in the United States. Federal immigration law also provides a mechanism by which certain aliens can become naturalized citizens with full rights of citizenship. States have limited legislative authority regarding immigration, which are detailed in 28 U.S.C. §1251. On the federal level, Congress has total and complete authority over immigration. The power of the President is limited to policies on refugees, and unless an immigration question concerns the rights of aliens to constitutional protections, the courts have rarely intruded. Those practicing immigration law are skilled at navigating these intricate rules. They are advocates for those seeking entry into the United States, making sure that the immigration laws are applied in a fair and just manner. Arthur Avazian Arthur obtained his JD degree from UCLA in 1967. Arthur also has a BA degree in Economics from UCLA. In addition to immigration law, Arthur also practices in fields of criminal defense and personal injury law. Law-Related Honors and Distinguishing Achievements: Arthur was the President of the Student Bar at UCLA in 1967, and has also held the position of President of the Association of Deputy District Attorneys (LA County). Eric Avazian Eric has been practicing in the field of immigration law for 28 years. In addition to immigration law, Eric also practices in the field of personal injury law. In addition to obtaining a law degree from Whittier College of Law in 1972, Eric holds both a Bachelor of Arts (1964) and a Master of Arts (1965) in Business Administration. Law-Related Honors and Distinguishing Achievements: Eric is a former member of the State Bar Commission - Immigration Specialization. What is the most satisfying part of your profession? Meeting and assisting foreigners from all over the world to start new lives in America after fleeing unbelievable conditions in their homelands. What would you like to tell law school graduates starting out in the profession? Be prepared to develop clientele and make legal and ethical decisions on a daily basis that seriously affect the lives of your clients. Place your clients' interests before
your own. Stepan has been practicing immigration law for 12 years. In addition to immigration law, Stepan practices in the fields of business and aviation law. In addition to his JD degree from Whittier Law School, Stepan has a Bachelor of Arts degree from the University of California, Los Angeles. Law-Related Honors/Distinguishing Achievements: Stepan serves on the arbitration panel of the Los Angeles County Superior/ Municipal courts. Stepan is a member of the board of various organizations, including Young Executives of America, Delta Theta Phi Law Fraternity, and the United Armenian American Chamber of Commerce. Stepan is also general counsel to the United Armenian American Chamber of Commerce and is president of Young Executives of America. Achkhine Baroyan Achkhine has been practicing immigration law for six years. Prior to that, Achkhine was a legal consultant in the field. Achkhine obtained a BA degree in 1967 from the National University of Iran, and a Ph.D. from the University of Toulouse in France in 1969. Achkhine obtained a JD degree from South Texas College of Law in 1990. Law-Related Honors/Distinguishing Achievements: In 2000, Achkhine was honored with an award from the Travis County Women Lawyer's Association for helping minority communities in Central Texas. What is the most satisfying part of your profession? Helping immigrants, especially those with a low income, to start a new life in the United States. Why did you choose Immigration law as your profession? Being an immigrant myself, I decided
to use my knowledge to help people who come to this country to get
established and start a new life. Peter has been practicing immigration law for six years. In addition to immigration law, Peter practices in the fields of personal injury law and criminal defense. Peter obtained his law degree from Western State College of Law in 1994 and a Bachelor of Arts degree from California State University Fullerton in 1991. What is the most satisfying part of your profession? Seeing the look of extreme euphoria on my client's face when they are granted citizenship or permanent resident status and knowing that I played a role in helping them achieve their dreams of living in a land of freedom and great opportunity. What would you like to see changed in the practice of Immigration Law? I would like to see more leniency for family related petitions and quicker decisions for labor certifications. There should also be more organization of the INS and easier access to information and case status. Jack Vahan Bournazian Jack has been practicing immigration law for over 7 years. In addition to his JD degree from the University of San Diego, Jack has a Bachelor of Arts in Political Science from the University of California, Riverside (1989). Law-Related Honors/Achievements: Jack has been awarded the Wiley M. Manuel Award For Pro Bono Legal Services and the Imperial County Bar Association Community Service Award. Jack wrote a field report documenting human rights abuses by the Immigration & Naturalization Service, which was cited in the Amnesty International Report: "United States of America: Human Rights Concerns in the Border Region with Mexico," May, 1998. Jack was also a Visiting Professor at Artsakh State University in Fall 1998 and 1999 where he taught American Law I & II. Why did you choose Immigration Law as your profession? As victims of the Armenian Genocide, my grandparents were refugees, whether that term existed or not at the time. Had it not been for the Near East Relief and other refugee efforts, my grandparents may well not have survived and I would not exist as the person that I am today. For these reasons I feel that it is my turn to help other refugees. Practicing immigration law in general and asylum law in specific is a satisfying way to help others in need. Please describe an interesting event that occurred in your legal profession: I have two favorite cases. In the first case, after Congress passed a law to correct unjust, old immigration laws that provided that only fathers (and not mothers) could pass U.S. citizenship to their children, I was able to help an older man reclaim U.S. citizenship from his grandmother who had been born in Napa Valley, California in 1860. The census records showed that the great grandfather had also been born in California when it was still Mexican territory. After his U.S. citizenship was recognized, my client came out of retirement and now has a completely new life in the United States. In the second case, I helped my orphaned, Mayan Indian client from Guatemala whose mother had died of malaria win asylum in the U.S. based on the fact that orphaned children in Guatemala are left to fend for themselves on the street and that street children are regularly abused by the authorities. When I first met my client, he spoke Kanjobal Mayan and very little Spanish. Since then, he has been adopted by an elderly American gentleman whose wife had died and who had no children. Now my client speaks English and is completing his G.E.D. Milton C. Gelenian Milton has been practicing immigration law for 42 years. Milton received his LLB\JD law degree from Georgetown University in 1958, and obtained a Bachelors of Science degree from Roosevelt University in 1952. In addition to practicing immigration law, Milton is also involved in all aspects of federal and local practice.
Alan has been in practicing in the field of immigration law for 19 years. In addition to immigration law, Alan practices in the fields of personal injury law and business & estate planning. In addition to obtaining his law degree from USC in 1980, Alan holds a Bachelor of Arts degree from UCLA (1977). Law-Related Honors/Distinguishing Achievements: Assisted UC Davis student with his law review article. What is your opinion about the practice of Immigration law in Armenia as it compares to America? The United States has a small percentage of "native Americans" that can trace a lineage for more than a couple of centuries. It is a relatively new country that was built by the labor and ingenuity of people from all over the world. Unlike Armenia, the United States does not have a large diaspora of individuals or US citizens who maintain close ties to the US. Please describe an interesting event that occurred in your legal profession: I was sent to San Diego on an
immigration case involving an individual from Taiwan with a serious
problem. I knew the INS
Adjudications Officer (AO) conducting the interview, as she had worked
with the LA INS prior to her transfer to San Diego.
The AO told me that there was a serious problem with the case and I
nodded in agreement. However, her serious problem was not the serious problem that
I identified. The AO said
that she could not approve the case because the quota for China was not
current. I told her that my
client was from Taiwan and that the Taiwan quota applied.
She told me that there was no quota for Taiwan because [the United
States] only recognizes one China. Her
supervisors agreed with her. I
was able to get the case approved that day by convincing the INS personnel
that their recent training was incorrect with regard to the status of
Taiwan. Upon approving the
case, the AO made me promise not to tell any of her colleagues at the LA
office about the mix-up. Armen has been practicing in the field of Immigration Law for three years as an attorney. Prior to that, Armen was a paralegal in the field for six years. In addition to immigration law, Armen also practices in the fields of Social Security Disability, civil and criminal law. Armen obtained his JD degree from Glendale University College of Law in 1997. Armen also has a Bachelor of Arts degree in Music/Education that he obtained while in Armenia. Please describe an interesting event that occurred in your legal profession: I was able to stop the deportation of an Armenian man who was born in Syria, but later moved to Armenia, the former USSR and then to the United States, by arguing stablessness (since the former Soviet Union existed no more) and convinced the judge to grant relief under the Convention Against Torture Act, an International Treaty. My client was a five times convicted criminal and was 95% deportable. Who is the person who influences you most in your Immigration law practice? No one in particular.
The plight of immigrants and their desire for a better future and a
better life was the biggest factor in my choice of immigration practice. Roy practices in the fields of corporate and business immigration law. Roy has a JD degree from Boston College (1975) and a Bachelors of Arts degree in Economics from Brandeis University (1971.) Roy also obtained an MPA degree from the JFK School of Government at Harvard University in 1983. Law-Related Honors/Distinguishing Achievements: Roy's firm was the first firm in the United States to be certified under the ISO 9000 standard. Roy has been awarded a Certificate of Honor from the Venezuelan Bar Association. He has served as Chapter Chair for New England AILA, and is currently serving as Chair of the Boston Bar Association's immigration law committee. Why did you choose Immigration law as your profession? It was a process of elimination. I began as a general practitioner to experience all areas of the law. But as I stopped practicing in areas I did not enjoy, I ended up with only immigration law. What is your opinion about the practice of Immigration law in Armenia as it compares to America? Armenia's government has refused
offers of assistance. They
must struggle with complex questions of nationality which I do not think
they have yet resolved. Alice has been practicing in the field of immigration law for 20 years. In addition to immigration law, Alice practices nationality law. She also represents businesses and families who seek to sponsor foreign born individuals to come to the United States to work and/or live either temporarily or permanently. In addition to obtaining a JD degree from the University of San Diego in 1979, Alice studied international law at The Sorbonne in Paris, France in 1978 and at the University of Salzburg in Salzburg, Austria in 1979. Alice has a Bachelor of Arts degree from Hofstra University (1976). Law-Related Honors/Distinguishing Achievements: Alice was a recipient of a grant from the Dana Foundation; Legal internship at the World Health Organization in Geneva Switzerland. She is a former Commissioner on the State Bar of California's Legal Specialization for Immigration and Nationality Certified Specialists, has published and edited numerous articles on immigration law, and has also appeared on TV and radio regarding her work in immigration law. What would you like to tell law school graduates about what to expect in the profession? Practicing law is, thankfully, very different than studying in law school. Had it been the same, I would have certainly sought to change careers! Practicing law varies greatly depending upon the discipline you chose to focus on, as well as the environment in which you work. In my case as a sole practitioner, practicing involves analysis, writing and speaking, keeping abreast of constant changes in the laws, a knowledge of business operations, as well as working with people - including colleagues, clients and staff. The varied tasks of my practice keep me very interested in what I am doing. Who is the person who influences you most in your Immigration law practice? My grandmother regularly spoke about
her experiences during the Genocide and how her life in the US was so
different from that in Armenia. Her
story and photo were on the front page of a major Boston newspaper when
she entered the US, because she was one of the first refugees to the US
from Armenia. Her passion led her to a position of prominence in the
Armenian Community and I chose my career accordingly.
I was also influenced by the fact that my other grandmother was a
ballet dancer from Georgia. And
my two grandfathers were also incredible individuals: one was among the
first Armenian attorneys in New York and represented the Armenian Diocese
(LeVone Yardum) and the other was a pioneer in the snack food industry who
had the classic rags to riches immigrant experience.
With such vivid family in my life, how could I chose anything else? Sharyn D'Urso Amy C. Hoogasian Talar Iskanian Betty A. Jamgotchian
This past March, Las Vegas had something else to offer as it played host to the Twelfth Annual Meeting of the Armenian Bar Association. And like everything else in Las Vegas, the meeting was first class and fun-filled. The meeting was held in the magnificent MGM Grand, a hotel that is a city unto itself with hundreds of rooms, thousands of slot machines, dozens of restaurants, a half dozen pools, and a wonderful conference center. But even with all that the MGM Grand offered, one could not help but want to venture down the strip to see the opulence that is Las Vegas. The Annual meeting kicked off with the Bar's traditional welcoming reception. Members and guests mingled while enjoying the delicious hors d'oeuvres and drinks. Friendships were created and renewed while the crowd grew larger as the evening progressed. The Armenian Bar Association Chair, Harry Cherken (PA), cordially welcomed everyone with a few opening remarks. After the reception, the attendees had time to savor some of what Las Vegas has to offer. Some took a chance with lady luck, hoping that she would smile upon them. Others enjoyed the lights and sounds of the Strip, the replication of the streets of New York City at New York, New York, the majesty of Ceasar's Palace, and the romantic ambiance of the Belagio. Still others decided to stay in the MGM Grand and enjoy some music and dancing at Studio 54, a replica of New York's famous dance club of the 70s and 80s. The Annual meeting's scheduled events began Saturday morning as the attendees were greeted with a lovely breakfast spread. The first item on the agenda was the business meeting. Chair Harry Cherken opened the morning event by welcoming the attendees and providing a summary of the major achievements that occurred over the course of the year, focussing particularly on the strong work of our Armenia Rights Watch Committee. Harry also provided everyone with a wonderful summary of the history of the Armenian Bar Association from 1989 through the present. Harry next extended a warm thank you to the organizing committee, Chair Steve Dadaian, Armen Hovanissian, Saro Kerkonian, Peter Kezerian, John Pridjian, Vicken Simonian and Lucy Varpetian, for all its hard work in setting up the meeting. Harry also thanked the Annual and meeting sponsors for their support: Drinker Biddle & Reath LLP (Philadelphia, PA); Kirkland & Ellis (Chicago, IL); Law Offices of Simonian & Kerkonian (Pasadena, CA); Geragos & Geragos (CA); Fidelity National Title Insurance Company (Philadelphia, PA); LandAmerica Financial Group, Inc. (Philadelphia, PA); First American Title Insurance Company (Philadelphia, PA); Gallo & Darmanian (New York, NY); John Deirmenjian, M.D. (Long Beach, CA); The George T. Bisel Company (Philadelphia, PA); Professor Ann Lousin (Chicago, IL); McCutchen Doyle Brown & Enersen (San Francisco, CA); Robert G. Roomian, Esq. (Washington, DC); Ara Tramblian, Esq. (Arlington, VA); and an anonymous donation in Memory of Siragan Kerkonian. The next segment of the meeting involved committee presentations. The committee reports were presented by the Committee Chairs in attendance, Association past Chair and Committee Co-Chair Ann Lousin (IL) (Armenian Rights Watch Committee); Association past Chair Tamar Hajian (MA) (Armenia Programs Committee); Association vice chair and chair-elect Lisa Esayian (IL) (Grants Committee); Robert Roomian (DC) (Membership Committee); Robert Cannuscio (PA) (Newsletter Committee); Nigol Manoukian (CA) (Pro Bono Committee); Rouman Ebrahim (CA) (Student Affairs Committee); and Jim Derian (MI) (Nominations Committee). (Summaries of the committee reports are included in a separate article.) Jim presented the following proposed slate of candidates for the open spots on the 2001 Board of Governors (created by the completion of Board terms by Ann Lousin, Michael Danian and Steve Dadaian), the Executive Committee, the Canadian liaisons and the Committee Chairs. Jim also opened the floor for additional nominations. Board of Governors: Committee Chairs: Armenia Rights Watch: Continuing Legal Education: Grants:
Membership: Newsletter: Pro Bono:
Student Affairs: Standing Committee on the GenocideProject: Canadian Liasons to the Board of Judge Aram Severian (CA) moved the adoption of the nominations, seconded by Saro Kerkonian (CA), and the motion was carried by a vote of the Association. After the nominations were complete, Harry read a letter from Senator Ensign of Nevada welcoming the Armenian Bar Association to Las Vegas for its annual meeting. During the business meeting, Harry also informed the members that the Board of Governors had approved a resolution entitling lawyers who submit an application to a year of free membership in the Armenian Bar beginning the year after their graduation. Immediately following the business meeting, Harry introduced the first speaker, Honorable Davit Harutyunyan, the Republic of Armenia's Minister of Justice. Mr. Harutyunyan provided the attendees with an insightful discussion of the current status of Armenia. (A separate article in this Newsletter discusses Mr. Harutyunyan's presentation in more detail.) Next, ArmenBar member Greta Doumanian (IL), Legal Counsel for the Illinois Gaming Board, provided an overview of the Riverboat Gambling Act. In particular, Rita discussed how the term "water" has been defined in order to permit various types of gambling establishments. Essentially any body of water qualifies (including man-made waterways), but expressly excluding Lake Michigan. This definition is intended to permit barges and riverboats that include casinos to remain docked at all times. Greta also touched on the implications of gaming on local economies. The attendees were next provided with a delicious luncheon meal. Zaven V. Sinanian introduced the luncheon keynote speaker, Mark Geragos. Mark is a well-respected attorney who has represented numerous politicians, city officials and prominent Armenian officials. Mark has been on the Today Show, Good Morning America, CNN and Larry King Live. Mark has been called one of the best white collar defense attorneys in the United States. Mark spoke about investigations being targeted against Armenians, including medical fraud investigations. He discussed how the Glendale Police Department has a tremendous bias against Armenians, and how different charges are being brought against Armenians than other criminal defendants. Following lunch, the afternoon lectures began with our newly elected Chair, Lisa Esayian, presenting Harry Cherken with a plaque from the Armenian Bar Association. Lisa described how she and Harry grew up as friends. She went on to describe Harry's dedication over the years to various Armenian causes, including all his work with the Armenian Bar Association and the Armenian Assembly. Harry accepted the plaque graciously . Next, Vicken Simonian introduced the first speaker of the afternoon, Garo Ghazarian. Garo, a Professor of Criminal Law, mesmerized the audience with the story of his life, one filled with many obstacles. An unfortunate history of drug abusewas the most formidable challenge that he has successfully beaten. Garo's story is one that will be remembered by all of the attendees for a long time to come. (A separate article is included in this Newsletter describing Garo's presentation in more detail.) Saro Kerkonian introduced the next speaker, Brian Kabateck. Brian is lead counsel for the team of lawyers representing the class of Armenian plaintiffs in the law suit against New York Life Insurance Company for failure to pay beneficiaries of Armenian's murdered during the Genocide. Brian went through the numerous defenses that New York Life had raised, cutting each defense apart with the facts and law. Much of New York Life's defenses were countered by its own actions and documents from the early 1920s. (A separate article is included in this Newsletter describing Brian's presentation in more detail.) Vicken Simonian introduced the final speaker for the day, Garo Mardirossian. Garo has been voted Trial Lawyer of the Year by Commerce attorneys. Garo also recently won a $24 million verdict in a civil rights suit, the largest verdict in history in such a case. Garo described the various people he has represented over the years, and used photos and a video clip to show different aspects of his cases. (A separate article is included in this Newsletter describing Garo's presentation in more detail.) The meeting concluded with Harry presenting the Board's decision on the upcoming meetings. September's mid-year meeting will be held in Armenia at the height of the 1700 year anniversary celebration. Details of the mid-year meeting are included separately in this Newsletter and are available on the Armenian Bar Association's web site: www.armenbar.org. The annual meeting in 2002 is scheduled to be held in New York, tentatively on April 19-21. Already things are in the works for the meeting. The Board has also decided on Montreal, Canada as the location for the mid-year meeting in 2002. After the conclusion of the Saturday business meeting, members once again enjoyed the diverse entertainment that Las Vegas had to offer. A delicious breakfast was again provided for members and guests prior to the Board meeting on Sunday morning. The agenda for the Board meeting included voting on the nominations presented the previous day, followed by plans for the upcoming year. The Board also agreed on the creation of Regional Coordinators or Ombudsmen who would be tasked with fostering regional activities, encouraging membership and functioning as a regional contact person for questions and issues involving the Armenian Bar Association. The regions currently contemplated are New York (including northern NJ, NY and CT); Boston (including RI); Philadelphia (including southern NJ and DE); Washington DC (including MD and VA); Chicago; Northern CA; and Southern CA. The Board intends to increase the number of regions as time goes on. (Anyone who is interested in acting as a Regional Coordinator should contact the Armenian Bar Association.) After
the conclusion of the business meeting, the attendees said their good-byes
to friends old and new. The
consensus from all in attendance was that the Twelfth Annual meeting of
the Armenian Bar Association was a complete success, and that the
surrealistic world of Las Vegas had provided the perfect backdrop. Currently a Professor of Criminal Law at the People's College of Law in Los Angeles, Garo gave an account of his humble beginnings in Lebanon, becoming an attorney in Los Angeles in the early 1990's, losing his license while falling to the ill's of substance abuse, undergoing extensive rehabilitation and eventually reaching his current status of being a prominent motivational speaker. Garo has currently applied to renew his license to practice law, and his story was nothing less than fascinating. In the late 1970's, Garo fled to the United States to escape the ravages of war-torn Beirut, Lebanon, where he had unwittingly become a soldier for the Christian forces. Circumstances dictated that he depart abruptly, leaving his parents and younger brother behind. He moved to Philadelphia in 1978, where he attended high school and St. Joseph's University, before moving to Los Angeles. Garo spoke of his struggles living on the street, always striving forward, always keeping hope. Eventually his life began to fall into place. He spoke of how he was an Olympic hopeful for both the 1980 and 1984 Olympics as an 800 meter runner, and had been taken under the tutelidge of Lazlo Tabori, the third person in history to break the four minute mile and a coach at Valley Community College in the Los Angeles area. Garo was also a budding actor. It became apparent, however, that he would not achieve either goal. So Garo decided to attend law school. He attended the University of La Verne School of Law, where he excelled in criminal law and trial advocacy. He represented the school in the Traynor Moot Court Competition and, as a certified law student, assisted in the defense of a defendant accused of manslaughter. The case resulted in an acquittal. Garo's criminal law professor was so impressed with him that he offered Garo a partnership in his law practice as soon as he passed the bar exam. As an attorney specializing in criminal defense, Garo quickly gained a reputation as a voracious litigator, with an impressive winning record. His budding career brought with it financial gains. He went from being homeless when first moved to Los Angeles, to making a mid-six figure income. The intense work schedule, his driven personality, and the big income turned out to be a recipe for disaster. He found himself slowly sinking into a substance abuse problem. The drug was cocaine. Garo's legal career started to deteriorate, and then took a nose dive as his addiction became worse. He eventually landed in jail, and voluntarily relinquished his license. While most who fall in this manner are unable to fully rehabilitate, Garo was different. He worked hard toward getting clean, eventually having all criminal charges against him dropped. From there he took his life along a different path, a personal crusade to educate others about the ills of substance abuse. Garo pointed out how, while living in Glendale, one of the officers who had arrested him helped assist Garo in his recovery. Garo started speaking to groups of patrol officers about drug abuse recognition. He started speaking during the early stages of his rehabilitation, but his speaking engagements grew in scope, size of audience and topic. Among his credits, Garo has spoken to the following groups: -- Incoming freshman at USC on the topic of "Life Skills"; -- University of Nevada, Las Vegas, California State University, Los Angeles and Santa Monica City College, where he speaks to athletes and criminal justice students; -- Middle School students in San Diego and Mexico, as part of the Federal Government's National Strategy Information Center "Mexico Project" (The speeches have been videotaped and are being show to some 30,000 students in these areas, as well as in such school districts as the Bronx, New York, and Tiblisi, in the country of Georgia); -- Los Angeles Avengers of the Arena Football League (in addition to counseling the star quarterback); -- FBI agents in Quantico, Virginia. The list goes on, and Garo has often received recognition as "Most Popular Speaker" from many of the groups that he addresses. He also lectures to his students, and is currently on the Board of Directors of Peoples College of Law. Those in attendance at the Annual Meeting gave Garo a rousing ovation. Garo initially spoke to the Armenian Bar Association members at the 1999 mid-year meeting in San Diego, California. However, the story of his successful struggles at combating obstacles many of us luckily cannot even fathom were so inspirational that he was asked back. Garo's story was dynamic, and the message he gave was an important one that everyone in attendance appreciated. Vicken Simonian can be reached at the Law Offices of Vicken I. Simonian, 131 N. El Molino Avenue, #310, Pasadena,CA 91101, (626) 584-0043 (phone), (626) 795-6138 (fax), VISimonian@aol.com (e-mail).
Only three weeks earlier, the Armenian Bar Association had the unique occasion to visit, first-hand, the New York Life case and the gamut of legal and historic issues it presented. During the Armenian Bar Association's Annual meeting in Las Vegas, Brian Kabateck, the lead attorney for the plaintiff class, articulated the intriguing historical and legal dimensions of the bad faith insurance claim against New York Life. Brian explained the origins of the case: New York Life Insurance, through a network of Armenian insurance agents, had been selling life insurance policies predominantly targeting Armenians throughout the Ottoman Empire until 1915. An estimated 8000 such New York Life policies were in effect in 1915. The face value of these policies in 1920 was an estimated $10 million. By 1922, New York Life had either paid out or held in reserve only $230,000, and shortly thereafter sold away its European insurance business. Immediately, the depth and complexity of the historical facts underpinning the litigation became apparent. Brian recounted the corroborating stories of many relatives of these Armenian policyholders who, for nearly an entire century, had sought to collect on these policies, only to be ignored or dismissed for failure to produce proof of death or relation. The circumstances surrounding the Genocide provided New York Life with a technical end-run around its obligation to pay on the policies. Perhaps most disturbing was Brian's discovery of documentation that Turkey itself - in the immediate aftermath of the Genocide - approached New York Life and demanded the proceeds of the insurance policies issued to Armenians. To its credit, New York Life refused to pay Turkey the proceeds and stated in a letter that it would not pay those responsible for the murder of the policyholders the benefits of their policies. Astutely, Brian recognized that such correspondence from New York Life essentially admitted notice of death, indeed notice of Genocide, and thus undermined any arguments by New York Life that interest is not due on the policies since New York Life was never put on notice of the death of its policyholders. The rich historical underpinning to the case is complemented well by the involved and, in some cases, creative legal defenses New York Life fashioned in order to avoid liability. Of note, Brian discussed New York Life's claim that California Code of Civil Procedure § 354.4 - which extends the statute of limitations and thus permits plaintiffs to file suits in California against insurers to recover on unpaid policies - is an unconstitutional violation of due process and the Contracts Clause. Moreover, New York Life argued that § 354.4 (and California Senate Bill 1915 that begat it) is an unconstitutional invasion of the federal government's foreign affairs power, almost suggesting that the case itself is forcing the United States into war with Turkey. Finally, Brian artfully guided those in attendance through the plaintiff class' arguments to counter the forum selection clauses in the policies indicating France or England as the forum in which to litigate claims. Brian's convincing counter-arguments revealed an investment of significant resources and uncovered capitulating treaties dating back to 1830 and 1892 that the Ottoman Empire had executed and was prevented from abrogating, allowing U.S. citizens to avail themselves of U.S. consular courts. Brian explained how New York Life itself had sought U.S. protection through these counselor courts, as well as through the U.S. State Department. Brian further explained that there could be no reasonable expectation that Armenians living in the eastern regions of the Ottoman Empire would agree to travel to London or Paris to resolve their insurance claims: travel by Armenians was restricted and even illegal as evidenced by New York Life's own 1902 appeal to the U.S House of Representatives soliciting the United States' assistance in forcing the Ottoman Government to allow its Armenian agents to travel freely even within the Empire in order to sell New York Life Insurance policies. The remainder of Brian's presentation before the Bar Association compellingly dismantled the balance of New York Life's defenses in the insurance company's now-aborted effort to side-step its obligations under the insurance policies it had issued.
Brian's presentation was compelling.
His rather deft application of a complex historical underpinning,
one which has defined most of the Armenian experience this century, to a
challenging legal framework confirms the value of an accurate,
comprehensive, and uncompromising recognition of the Genocide and the
intricate factual circumstances underlying it.
As claims like the one against New York Life begin to surface and
their utility in both international recognition and community
revitalization is realized, the Bar Association and other professional,
political, and educational institutions in the Armenian community will
recognize the singular importance in proactively seeking out and
integrating our centers of knowledge, information, and analysis in order
to competently service the arising national and community needs and
demands that are finally beginning to bear a palatable fruit. After a varied career track, including computer science research (resulting in a Ph.D from the Armenian Academy of Sciences) while earning his law degree, eight years administering an experimental school, serving as a member of the Parliament and its Committee on State and Legal Affairs, and advising the mayor of Yerevan, the youthful looking Mr. Harutyunyan spoke with the conviction and authority of a seasoned leader. He displayed expertise and interest in intellectual property law and in concrete legal reform in general, emphasizing transparency, simplification, and a healthy, inviting environment for business to develop. He also focused on fast-tracking
delivery of basic justice for all.
A dozen thoughtful questions followed, each of which was answered
factually and frankly. In
fact, members were very impressed by their informal interactions and
give-and-take with the Minister throughout the weekend.
Mr. Harutyunyan made a point of welcoming the Association to
Armenia, where the mid-year meeting will take place on September 20.
His honest approach, legal prowess and sense of humor engendered
enthusiasm among those present. Mr. Harutyunyan's visit was made possible
by the resources of the Babayan Fund, which underwrote the visits of
lawyers, public figures, and private sector practitioners from Armenia to
Armenian Bar Association annual meetings since 1991.
His host during the proceedings was Board Member Armen Hovannisian. Surprised? So was I. The title of his presentation to us during the 2001 Annual Meeting held this past March in Las Vegas was "Trial Tactics: Observations from the Trenches." I fully expected to be regaled with clever tactical ploys successfully used by this highly lauded advocate to out-maneuver his adversaries in the battle field of litigation. Instead, Garo treated us to anecdotal excerpts from some of his recent cases, each of which resulted in multi-million dollar verdicts for his plaintiff clients. Whether wealthy clients, indigent clients or clients other attorneys refused to represent, in the end, Garo's clearly palpable compassion for his clients and his perseverance prevailed. Perseverance is a skill Garo likely acquired early on in life. Emigrating to the US at the age of 11 from Aleppo, Syria via Beirut, Lebanon, the young Garo Mardirossian spoke no English. After moving from Cleveland, Ohio to La Miranda, California, the Mardirossian family lived in a very modest dwelling subsidized by the local Church. Despite the many hardships and challenges he faced, Garo successfully completed his undergraduate studies at UCLA before obtaining his JD degree from Whittier Law School. Today, Garo heads a six-attorney firm in Los Angeles specializing in personal injury cases. He recently recovered the largest civil rights verdict in U.S. history. The case, Dole v. County of Los Angeles involved a civil suit that resulted from a full scale raid conducted on the home of an American Samoan family by the Los Angeles Sheriffs' Deputies. The family and their guests were celebrating a bridal shower when the raid ensued in response to a neighbor's complaint of loud music emanating from the home. The raid resulted in multiple injuries among the deputies and the arrest of many of the home's occupants, most of whom also sustained serious injuries. After a successful outcome in what Garo described as a "heart wrenching" criminal trial involving multiple felony counts against his clients, a 7 1/2 month civil trial followed. It was his compassion for these victims that sustained Garo through a lengthy trial with an uncertain outcome. Ultimately, the jury concluded that 23 of the deputies had conspired to violate the civil rights of Garo's clients, by lying, cheating and tampering with evidence, and awarded them $24,000,000. Last year, Garo was named 2000 Trial Lawyer of the Year by the Consumer Attorneys Association of Los Angeles, a befitting title for one who aptly symbolizes the seemingly lost art of caring and compassion. Denise G. Darmanian is partner at the firm Gallo & Darmanian. Denise can be reached at Gallo & Darmanian, 230 Park Avenue, Suite 863, New York, NY 10169, (212) 692-0872 (phone), (212) 692-0875 (fax), NYFED@aol.com (e-mail)
The community education event was part of the Attorney General's ongoing effort to combat the widespread problem of fraudulent and unqualified immigration consultants and attorneys who collect substantial amounts of money for immigration-related services that are never provided. The forum also addressed a newly
revived and widely misunderstood provision of the immigration law that
affects thousands of undocumented immigrants in California, including many
Armenians. Robert has extensive knowledge of all matters related to intellectual property law, having been in charge of overseeing in-house training at his prior firm. Robert has appeared as a panel speaker at numerous intellectual property bar association meetings and continuing legal education seminars. In addition to his legal background, Robert also has an extensive background in various technologies. He has been involved in patent and licensing matters related to mechanical and electro-mechanical devices, material and system processing, manufacturing operations, medical devices and procedures, computer and internet technologies, and the design and manufacture of aircraft structures, propulsion systems and flight controls. Robert also has ten years of hands-on engineering experience with Fairchild Republic Company working on fixed-wing military aircraft and with Sikorsky Aircraft Corporation working on both civilian and military helicopters. Robert earned his J.D. degree from Pace University School of Law in 1994. Robert earned a Bachelor of Science degree in Mechanical Engineering from Polytechnic Institute of New York (Brooklyn Poly) in 1985, followed by a Master of Science degree in Mechanical Engineering in 1989. In 1989, Robert also became licensed as a Professional Engineer in the State of New York. In addition to being co-chair and editor of the Armenian Bar Association's Newsletter, Robert is also the chair of the Placement committee of the Philadelphia Intellectual Property Law Association. Robert lives in West Chester, PA with
his wife Karen and their three sons, Garo, Aram and Stepan.
Robert can be reached at Drinker Biddle & Reath LLP, One Logan
Square, 18th and Cherry Streets, Philadelphia, PA 19103-6996, 215-988-3303
(office), 215-988-2757 (fax), cannusre@dbr.com (e-mail). Lisa received her A.B. from Princeton University in 1986, majoring in Politics and the Program in Science in Human Affairs. She received her J.D. from Northwestern University in 1991, where she won the Julius H. Miner Moot Court Competition and served as Coordinating Executive Editor of the Journal of Criminal Law and Criminology. She is the author of "Separation of Powers - The Federal Sentencing Commission: Unconstitutional Delegation and Threat to Judicial Impartiality?" in the Journal of Criminal Law and Criminology (1990). She has been a member of the Illinois State Bar and the American Bar Association since 1991 and is admitted to practice before numerous federal district courts. Born and raised in Huntingdon Valley, Pennsylvania, Lisa is the daughter of Charles and Varsenic Esayian of Huntingdon Valley, sister of Renita Esayian O'Connell of Wellfleet, Massachusetts, and granddaughter of the late Genevieve Boyajian, a genocide survivor. Lisa's commitment to the Armenian community began early. At Princeton, she was the President of the Armenian Students Association. In 1983, she participated in the Armenian Assembly of America's Summer Internship Program, working in the offices of Congressman Peter H. Kostmayer (D-PA). Lisa is a Contributing Affiliate of the Assembly, participated in the Assembly's first National Advocacy Day in April 2000 and is participating in the Assembly's second Advocacy Day in May 2001. In 1987-1988, she served as President of the New York Region of the Armenian Network of America. In 1998, Lisa founded the Network's Chicago Region, which has grown to be one of the Network's most active and successful regi |