SUMMER
2002 - VOLUME 13 NUMBER 3
MESSAGE FROM THE CHAIR
ARMENIAN BAR MEMBERS, APPOINTED TO CALIFORNIA
JUDICIARY
MEMBERS IN THE NEWS AND ON THE MOVE
PERSONAL INJURY LAW-PRACTICE PROFILE
Armenian Bar Awards $500 Scholarship
SCHOLARSHIPS HONOR JUDGE DICKRAN TEVRIZIAN
AND THE LATE JUSTICE RICHARD AMERICAN
ANNUAL MEETING IN NEW YORK CITY
NEW BOARD MEMBERS
NEW YORK LIFE LITIGATION OVERSIGHT COMMITTEE
FORMED
PRESENTATION BY JUSTICE ALVINA GYLUMYAN AT
ANNUAL MEETING
THE ROLE OF LEGAL EDUCATION IN LEGAL REFORM
VARTKES YEGHIAYAN IN TORONTO
MESSAGE FROM THE CHAIR
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I wasn’t supposed to have written this column. More on that below.
What a splendid annual meeting, right in the middle of midtown Manhattan!
Denise Darmanian and her organizing committee of Anna Djirdjirian,
Talar Iskanian, Christopher Parnagian, and Sarah Leah Whitson did a
great job putting together a full program, complete with something
for everybody. Beginning with a tour of the Armenian Mission to the
United Nations, and culminating with a Martyrs' Day Commemoration in
Times Square, the meeting was symbolic of where we as a people have
arrived today and where we have come from, how our history is inexorably
tied with our future.
The meeting had something for everybody. From CLE-type topics such
as alternative dispute resolution to a panel presentation on the role
of Armenian-American lawyers in Armenia, there was much to learn and
absorb. I know all of us listened intently as member Vartkes Yeghiayan
updated us on the status of the class-action lawsuit he filed against
New York Life, seeking recovery of life insurance proceeds still unpaid
to the heirs of the victims of the Genocide against the Armenians.
You will recall that Vartkes first briefed us on this case at the annual
meeting in Washington, D.C. two years ago. If the program itself was
not enough, I know many of us applied for and received substantial
CLE credit from our state bars for attendance at our meeting.
I trust that all of you who attended our Annual Meeting in New York
returned to your homes and your practices invigorated and reenergized
in our organization’s mission. We now have more members than at
any time in our Association’s thirteen-year history! This is record
proof that the Armenian Bar Association, with all of the good work
it has carried out over the last thirteen years, continues on the path
towards even greater works.
However, we are not resting on our laurels. Harry Dikranian is hard
at work preparing for our mid-year meeting in Montreal on October 12,
2002. If the beauty of Montreal is not enough of a reason to attend,
Harry is putting together a first-rate program. Mark it on your calendar.
Our committees have also carried the momentum of our meeting forward.
Our membership committee, driven by Robert Roomian’s unyielding
pursuit of members, is determined to top last year’s record pace.
We can all help Robert and his committee find new members. All of us
know lawyers and law students who are not members of the Association,
and all of us can check the latest list of new bar admittees in their
states. Call them and ask them to join, or at least pass their names
on so that we can.
As you are reading this newsletter, you are no doubt impressed with
the fine work that Robert Cannuscio and Melanie Blackwell have put
into it. They would be happy to have you join their committee. You
can find a list of all the committees and their chairs at www.armenianbar.org.
I am sure that there are several committees that could use your special
talents. Look them up and join one.
Finally, an explanation of why I was not supposed to write this message.
At the conclusion of our annual meeting, the Board of Governors elected
Zaven Sinanian as our Chairman. I was elected as the Vice-Chair, and
I left New York looking forward to a year of quietly, and in the background,
helping Zaven carry out all of his plans for the organization. John
Adams, our country’s first Vice-President, once described the
Vice Presidency as “the most insignificant office that ever the
invention of man contrived or his imagination conceived." Comfortable
in the knowledge that as Vice-Chair of the Armenian Bar Association,
I ranked somewhere below that, I expected a quiet year. It was quite
happy news that Zaven has been appointed as a Los Angeles County Superior
Court Judge, and I know we all extend to Zaven our heartfelt congratulations.
Unfortunately, the judicial canons required Zaven to resign the Chairmanship,
something I found out about too late to be able to do anything to derail
Zaven’s nomination. Well, our loss is a gain for the citizens
of Los Angeles County.
I join with our returning and fellow Board members to welcome all of
you to another great year.
ARMENIAN BAR MEMBERS, APPOINTED TO CALIFORNIA
JUDICIARY
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To say we at the Armenian Bar Association are thrilled would be putting
it mildly. No words could even come close to describing our excitement,
admiration and happiness for Zaven Sinanian, 41, our Chair, who has
been named to the Los Angeles Superior Court.
Zaven has been Deputy Attorney General in the California Attorney General’s
Office since 1989. Zaven began his legal career in the Criminal Division,
where he specialized in appellate litigation. In about the mid-1990s,
Zaven moved into the Licensing Section of the AG’s Office, where
he represented various boards and agencies in administrative law and
regulatory matters before state and federal courts. In 1999, Attorney
General Bill Lockyer appointed Zaven as the Office’s Liaison to
the Armenian-American Community.
A founding member of the Armenian Bar Association, Zaven served on
its Board of Governors from 1992 to 1998. As chair of the Armenian
Bar’s Rights Watch Committee, Zaven organized a community forum
on hate crimes cosponsored by the Southern California Coalition on
Civil Rights and spoke at the annual meeting of the State Bar’s
Committee on Ethnic Minority Relations. Zaven has spoken at various
legal and non-legal events and has regularly participated in community
activities including a speech before the Glendale Human Relations Coalition
on hate crimes.
In the early 1990s, while on leave from the Office of the Attorney
General, Zaven served as counselor to the first Foreign Minister of
Armenia, Raffi K. Hovannisian. In his capacity as counselor, Zaven
participated in Armenia’s delegations to the United Nations’ “Earth
Summit,” the Preparatory Committee Meeting of the United Nations’ World
Conference on Human Rights, and the Convention on the Peaceful Resolution
of Disputes of the Organization for Security and Cooperation in Europe.
Zaven was awarded his Juris Doctorate from Illinois Institute of Technology’s
Chicago- Kent College of Law, and his Master of Arts in International
Affairs from American University’s School of International Service.
He earned his Bachelor of Arts from Northern Illinois University.
After a 14year career as an attorney at the Encino law firm
of Keosian & Keosian - which he formed with his father Armand Keosian
in 1988 - Gregory Keosian, 41, has traded in his shingle for robes.
The Armenian Bar Association is proud to announce that Gregory has
been selected for a judicial position on the Superior Court.
Over the years, Keosian has focused his practice on civil tort litigation
and representing plaintiffs in personal injury cases. Keosian sees
his Superior Court position as bittersweet - leaving his clients and
the practice he shared with his dad to embark on an exciting judicial
career.
Gregory was inspired to apply for a judgeship after serving as a judge
pro tem in small claims and traffic cases and as a volunteer settlement
officer for the Los Angeles Superior Court.
Before entering practice with his father, Gregory was an associate
with the Pasadena firm of Scolinos, Slater & Sweetman. He has been
a member of the Los Angeles County Bar Association, Armenian Bar Association,
San Fernando Valley Bar Association and Consumer Attorneys Association.
Gregory has also served as chair of the Armenian National Committee
of the San Fernando Valley, as co-chair of the Armenian Bar Association's
Armenian Rights Watch Committee and as vice-chair of the Board of Trustees
of Holy Martyrs Armenian Apostolic Church.
Gregory completed his undergraduate studies at UCLA and received his
law degree from the University of West Los Angeles School of Law.
MEMBERS IN THE NEWS AND ON
THE MOVE
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Lisa Barsoomian, Rod Rosenstein and big sister Julia Paige are proud
to announce the birth of Allison Liza on April 16, 2002. She weighed
7 pounds 10 1/2 ounces and was 20 1/2 inches long. Lisa is an Assistant
United States Attorney in the District of Columbia defending civil
lawsuits against the United States, its agencies and employees in United
States District Court and the D.C. Circuit. Lisa is also a past member
of the Armenian Bar’s Board of Governors. Her husband, Rod, serves
as Deputy Assistant Attorney General for the United States Justice
Department's Tax Division, where he supervises the nationwide criminal
tax enforcement program. Lisa can be reached at U.S. Attorney Office,
D.C., Civil Division, Judiciary Center, 555 Fourth Street, N.W., Fourth
Floor, Washington, DC 2001; Tel.: 202-305-4851; Fax: 202-514-8780
Robert E. Cannuscio, Editor and Co-chair of the Armenian Bar Association’s
Newsletter and member of the Board of Governors, was a guest speaker
at a Corporate Counsel Conference in Schaumburg, Illinois. Robert spoke
on “You Can Patent That??!! - Fact and Fiction Regarding Patentability
of Methods of Doing Business.” Robert has also been elected onto
the Board of the Benjamin Franklin Inn of Court. The Benjamin Franklin
Inn of Court is part of the American Inns of Court, a national organization
designed to improve the skills, professionalism and ethics of the bench
and bar. The Benjamin Franklin Inn of Court is located in Philadelphia
and specializes in Intellectual Property law. Robert is a partner in
the Intellectual Property Group at Drinker Biddle & Reath, LLP.
Robert can be reached at One Logan Square, 18th and Cherry Streets,
Philadelphia, PA 19103, Tel: 215-988-3303, fax: 215-988-2757.
Harry Dikranian, an attorney at Sternthal Katznelson Montigny in Montreal,
Canada, recently co-authored an article entitled “How a Post-Mortem
Agreement can Supercede a Valid Will” which was published in the
April 2002 edition of the Will Power, a CCH Canadian Limited publication.
Copies of the paper
are available at: www.cch.ca/_common/files_downloads/cest88.pdf
Adrienne L. Krikorian recently co-authored an article entitled “The
Bene-fits of Active Party Participation in Mediation” which was
published on www.mediate.com. Adrienne is a sole practitioner in Woodland
Hills, California. She focuses her mediation and arbitration practice
on homeowners association, business, and real estate disputes. Adrienne
can be reached by e-mail at AkrikorianEsq@yahoo.com, or by phone at
(818) 347-6107.
Professor Ann Lousin from The John Marshall Law School in Chicago has
recently written two law review articles: "Proposed UCC 2-103
of the 2000 Version of the Revision of Article 2," 54 S.M.U. L.
Rev. 913 (2001); and "Challenges Facing State Constitutions in
the Twenty-first Century," 62 La. L. Rev. 17 (2001). Professor
Lousin is a former Chair and Board of Governors member of the Armenian
Bar Association. Professor Lousin can be reached at The John Marshall
Law School, 315 S. Plymouth Court, Chicago, IL 60604; Tel.: 312-987-1434;
Fax: 312-427-8307.
Honorable Aram Serverian, a member on the Armenian Bar’s Board
of Governors, will be teaching a course on Negotiation/Mediation at
the American University of Armenia in Yerevan commencing September
2002 through mid-November. Judge Serverian is currently working with
the Judges and Attorneys Resolution Service in California. Judge Serverian
can be reached at Judges & Attorneys Resolution Service, Inc.,
630 N. San Mateo Dr., San Mateo, CA 94401-2328; Tel: 650-366-5677;
Fax: 650-366-6280.
Sarah Leah Whitson, a member of the Armenian Bar Association’s
Board of Governors and co-chair of the Armenian Rights Watch Committee,
was part of a delegation of leaders from the American-Arab Anti-Discrimination
Committee (ADC) which met with the United Nations Secretary General
Kofi Annan on April 29, 2002 to discuss the grave situation in the
Middle East.
I am truly happy to announce that, on May 11th, Melineh Blackwell,
Editor and Co-chair of the Armenian Bar Association’s Newsletter
Commit-tee, was married to Richard Verma. They exchanged vows at Westmont
Presbyterian Church in Johnstown, Pennsylvania followed by a Hindu
ceremony at the Sunnehana Country Club. On behalf of the Armenian Bar
Association and the Newsletter Committee, I would like to wish Melineh
and Richard a wonderful life together.
Robert Cannuscio - Editor.
PERSONAL INJURY LAW-PRACTICE PROFILE
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Personal injury law covers a wide range of legal practices that relate
to harm that is caused to the person and the rights that such injured
persons have and against whom. Some of the primary areas that fall
under the personal injury umbrella are aviation, motor vehicle and
railway accidents, defamation (including libel and slander), assault
and battery (civil), negligence (including medical malpractice and
toxic torts), slip and fall, and wrongful death. The following members
concentrate their practice in this intriguing area of the law.
Mark D. Apelian
Bryman & Apelian
5000 N. Parkway Calabasas, #106
Calabasas, CA 91302
818-225-5151 – main
818-225-5155 – fax
Sharkmda@aol.com
Jurisdictions: California (1990)
Mark has been practicing law for 12 years, representing plaintiffs.
The most satisfying part of his profession is helping clients who are
very young and who are very old.
Walter Barsamian
4341 Birch Street, Suite 200
Newport Beach, CA 92660-1913
949-955-0363 – main
949-955-0510 – fax
Wbesquire@aol.com
Jurisdictions: California (1970)
Walter has been practicing personal injury law for over 32 years. He
received his undergraduate degree from Brown University, and his law
degree from Southwestern University. He also specializes in workers'
compensation.
Richard Bates Harris
221 Stow Road
Harvard, MA 01451
978-456-3076 – main
978-456-9918 – fax
RBHarris@GIS.net
Jurisdictions: Massachusetts (1964);
U.S. District Court (Mass.) (1965)
Richard has been practicing personal injury law for over 37 years.
He attended the University of Rochester, New York and New England Law
School.
Richard’s biggest influence in his personal injury practice was
the late Raphael J. Landau of Boston, who was his employer as a paralegal
before passing the bar.
Richard feels that “slip and fall” cases are poorly rewarded
in most jurisdictions, and he feels drug companies should not be allowed
to escape liability for harmful products under the excuse of intervening
learned professional.
Hagop S. Jawharjian
Jawharjian Law Office
1405 Plainfield Pike
Johnston, RI 02919-6807
401-944-2647 – main
401-942-8322 – fax
HSJESQ1@cox.net
Jurisdictions: Rhode Island (1988);
Massachusetts (1990)
Hagop has been practicing law for 14 years, representing both plaintiffs
and defendants. He received his undergraduate degree from Providence
College in 1984, and his law degree from New England School of Law
in 1988. He also practices in general civil litigation and real estate
law. He was a finalist for workers’ compensation Court Judicial
Appointment in 2001.
Hagop chose personal injury law because of the potential financial
rewards and the trial experience. His advice to law school graduates
of what to expect in the profession is that there is lots of hard work
with little respect in some cases. He would like to see advertising
change in the practice of personal injury law.
His most interesting experience was arguing before the Rhode Island
Supreme Court. His most satisfying part of the profession is knowing
that he has the ability to positively impact on a client’s well
being.
Albert I. Kassabian
Kassabian & Kassabian
4201 Annadale Road
Annadale, VA 22003
703-750-3622 – main
703-256-5938 – fax
Kassab@erols.com
Jurisdictions: Virginia (1956);
Maryland (1951); New York (1952)
Albert has been practicing personal injury law for over 50 years. He
attended CUNY NY and the University of Virginia School of Law graduating
with an L.L.B.
Albert has chosen and continues to practice personal injury law as
he finds that it is the most intellectually challenging, interesting
and self-satisfying area of practice.
One of Albert’s interesting events that occurred while practicing
law in Virginia was appearing before the Supreme Court of Virginia
and challenging the constitutionality of the Virginia Pupil Placement
Act which was the basis for Virginia’s segregation laws.
Of the changes Albert would like to see in the jurisdiction of Virginia
is the adoption of comparative negligence.
Mark Kelegian
Kelegian White & Reed
610 Newport Center Drive, Suite 260
Newport Beach, CA 92660
949-553-1200 – main
949-553-1013 – fax
www.kwrlaw.com
Jurisdictions: California (1987)
Mark has been practicing law for over 15 years. He received his bachelor’s
degree in Comparative Literature in 1982 from the University of San
Diego, and his law degree in 1987 from the University of San Diego
School of Law. His practice includes business litigation, insurance
bad faith, class actions, unfair business practices, and professional
malpractice, and employment.
Mark is recognized as one of the foremost experts in the nation in
representing adult and child victims of rape and child molestation.
He is the President-Elect of the National Crime Victim Bar Association.
He serves as the Chairman of the Rape Abuse & Incest National Network
(RAINN) Legal Advisory Board. (RAINN was recently named one of the
top 100 charities in the nation). He serves on the California Coalition
Against Sexual Assaults (CALCASA) Public Policy Committee. He travels
the country speaking at workshops, training, and seminars, on the legal
rights of victims of sexual assault.
Additionally, Mr. Kelegian is one of California’s leading experts
in the field of premises liability. He is co-author of California Premises
Liability: Law & Practice which is one of the most subscribed to
West Group publication in the state.
An interesting event during his practice was when the on-site residential
manager of an apartment complex testified that she wanted to warn the
tenants of a rapist on the property but that the district manager did
not because “it would cause a mass exodus of tenants and they
were in the middle of a rent increase.”
Sarkis A. Ourfalian
Ourfalian & Ourfalian
205 E. Broadway
Glendale, CA 91205-1008
818-550-7777 – main
818-550-7788 – fax
Ourfalians@aol.com
Jurisdictions: California (1987)
Sarkis has been practicing law for 15 years. He received his undergraduate
degree from California State University, Los Angeles in 1982, and his
law degree from the University of West Los Angeles, School of Law in
1987. He also specializes in workers' compensation, general civil litigation
and business transactions.
When asked to compare the practice of personal injury law in Armenia
to that in the United States, Sarkis feels that during its infancy,
Armenia should first develop laws in the more essential fields of constitutional
protection than in the personal injury field.
His advice to law students is to work and be exposed to real life experiences,
because most law students have unrealistic expectations of the practice
of law, and their only experience is based on TV shows.
Leon Paroian
Paroian Law
202-2510 Ouellette Avenue
Windsor, Ontario N8X 1L4, Canada
519-250-0894 – main
519-966-1869 – fax
lparoian@paroianlaw.com
Jurisdictions: Ontario (1963)
Leon has been practicing civil litigation for 48 years. He received
a bachelor's degree in communications from the University of Windsor
in 1958 and attended Osgoode Hall School of Law where he received his
degree in law.
His distinguished achievements include Queens Counsel and specializing
in civil litigation where he takes most satisfaction from resolving
clients' problems successfully.
One of Leon’s more distinguishable cases involved the handling
of a case where his client was the widow of a young man killed by the
police on the front lawn of his country home, while armed and protecting
his home and family. The family dog (a beagle about 8 inches high)
was also killed. Notwithstanding no live witnesses against the police,
Leon was able to obtain substantial damages for the widow and family.
Leon advises law graduates to enjoy the practice of law and make it
a calling. He believes law school graduates should be proud to be described
as not being able to distinguish between your work and your play and
to excel at both.
Steven R. Pounian
Kreindler & Kreindler
100 Park Avenue
New York, NY 10017-5590
212-687-8181 main
212-972-9432 fax
legal@kreindler.com
Jurisdictions: New York (1981)
Steven joined the firm of Kreindler & Kreindler in 1980 and became
a partner in 1987 specializing in aviation litigation. He is a magna
cum laude graduate of Georgetown University and received his J.D. degree
from New York University. At law school, he was Senior Editor of the
Review of Law and Social Change.
He is admitted to the bar of New York, the Federal Courts of Appeals
of the Second, Third, Fifth, and D.C. Circuits and the United States
Supreme Court and has appeared pro hac vice in numerous state and federal
courts throughout the United States.
He has been involved with numerous aviation mass disaster cases, including
the litigation involving the crash of Korean Air Lines flight 7 in
the Sea of Japan, in which he was appointed as a member of the Plaintiffs’ Trial
Committee; the Pan American flight 103 disaster at Lockerbie, Scotland,
in which he was appointed as Plaintiffs’ Liaison Counsel and served
as a member of the Plaintiffs' Trial Committee as well as other well-known
aviation disaster cases including numerous commuter, military, product
liability and general aviation cases.
He has delivered several papers and given lectures at ABA Conventions
and National Institutes, the Association of Trial Lawyers of America
Convention, New York State Bar Litigation Seminars and the Southern
Methodist University Air Law Symposium.
Jessica L. Papazian-Ross
Visconti & Borent, LTD
55 Dorrance Street
Providence, R.I. 02903
(401) 331-3800 main
(401) 421-9302 fax
E-mail: jlpr@viscontilaw.com
Jurisdictions: Rhode Island (1988);
Connecticut (1989);
Washington, D.C. (1989)
Jessica has been practicing personal injury law for 13 years and represents
both plaintiffs and defendants. She attended the University of South
Florida graduating in 1985 with a B.A. in Criminal Justice. She also
went to Vermont Law School for her J.D. and graduated in 1988.
Other areas of practice Jessica is interested in are contracts, insurance
issues and employment law. The most satisfying part of her profession
is appellate work.
Jessica’s choice of practicing personal injury is to protect and
ensure people’s rights, the same motivation and reason she has
for practicing in other areas as well.
Armenian Bar Awards $500 Scholarship
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The Pro Bono Committee of the Armenian Bar Association has awarded
a $500 scholarship to Liana Serobian, who will start her second year
at Loyola Law School this fall. Ms. Serobian's distinguished academic
record, personal accomplishments, and commitment to pro bono work benefiting
the Armenian community qualified her for the award.
As a condition of receiving the scholarship, Ms. Serobian has agreed
to complete 40 hours of legal assistance work in connection with Armenian-speaking
victims of domestic violence. Though the placement has not yet been
finalized, Ms. Serobian will likely work at the Glendale YWCA, which
regularly caters to Armenian victims of domestic violence facing a
myriad of legal issues, including family law and immigration issues.
We wish the best to Ms. Serobian and will keep our membership advised
of her accomplishments through her placement.
The $500 scholarship was made possible by a generous donation from
Anahid Gharakhanian, who is currently co-chair of the Pro Bono Committee.
SCHOLARSHIPS HONOR JUDGE DICKRAN TEVRIZIAN
AND THE LATE JUSTICE RICHARD AMERIAN
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Two newly established funds honor prominent American-Armenian graduates
of the University of Southern California Law School, strengthening a connection
between USC and the Armenian community that began nearly 100 years ago when the
school enrolled its first Armenian immigrant student.
A $250,000 gift from the Lincy Foundation has established the Dickran
Tevrizian Fund, seed money for the Dickran Tevrizian Trustee Chair
in Law at USC, and more than $200,000 in gifts have created the Justice
Richard Amerian Memorial Scholarship Fund.
The Lincy Foundation was established to support business enterprise
and infrastructure development in Armenia. With its gift to USC Law
School, the foundation broadens its philanthropic mission to honor
a prominent voice in the Los Angeles Armenian community. Tevrizian,
a 1965 graduate of USC Law School, is a U.S. District Court judge in
the Central District of California who has been widely honored for
his judicial service and involvement in public service. The fund will
provide student scholarships until it reaches $3 million, when it will
be converted into a trustee's chair in Tevrizian's name.
The Amerian fund continues to draw gifts honoring the 1962 USC Law
School graduate, who passed away last November. A $100,000 gift from
the George Ignatius Foundation helped establish the fund. Amerian was
a member of the board of directors of the foundation, which was created
by the late Armenian activist George Ignatius to promote Armenian culture,
education and religion. Michael Amerian, a 1999 graduate of USC Law
School, will fill his father's seat on the board.
Ignatius Foundation board members Walter Karabian, a 1963 USC Law School
graduate, and George Phillips (father of two USC law graduates, Gary
Phillips '85 and George Phillips '91) said the gift is intended to
memorialize their close friend and assist future Armenian students
at USC Law School. "We knew each other well," Karabian said
of Amerian. "His father and mother and my mother came from the
city of Dickranagert, in Turkish-occupied Armenia. When I came from
Fresno to USC, my mother said to look up Richard Amerian. His mother
told him the same thing. We met in 1956 and became friends for life."
Amerian was an associate justice on the California Court of Appeal.
He retired in 1984 and become one of the first private judges in the
state of California. Throughout his life, Amerian was active in the
Armenian community, serving as a delegate and chairman of the Assembly
of the Western Diocese of the Armenian Apostolic Church. He was founder
and president of the Armenian Professional Society. The first Richard
Amerian scholarship will be awarded this fall.
ANNUAL MEETING IN NEW YORK CITY
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On April 19-21, 2002, the Armenian Bar Association hosted its Thirteenth
Annual Meeting in one of the most exciting cities of all, New York.
The meeting had been planned long before the events of September 11th.
The tragic events of that day did not discourage those plans. On the
contrary, the Board of Governors were even more determined to hold
the meeting in New York, if nothing else than to show its support for
and celebration of a city that has a heart that could never be stopped
and a courage that is immeasurable. And for the approx. 100 members
in attendance from the US, Canada and Armenia, the meeting was by all
accounts a complete success.
The Armenian Bar Association’s Annual Meeting is an opportunity
for members to participate in discussions on legal issues affecting
the Diaspora and the Republic of Armenia, to hear updates on the various
issues in which the Association is involved, to listen to presentations
for CLE credit and to socialize with colleagues from across the country
and around the world. The Annual Meeting in New York accomplished this
and more.
The weekend began with a tour of Armenia’s United Nations Mission
on East 36th Street followed by a meeting of the Board of Governors.
At the Board Meeting, Denise Darmanian, Board Member and Chair of the
New York Organizing Committee, described a special meeting that the
Organizing Committee had set up between the Armenian Bar Association’s
guests from Armenia, Justice Alvina Gyulumian from Armenia’s Constitutional
Court and Professor Lusine Hovannisian from Yerevan State University,
and the Chief Judge of the Court of Appeals of New York (the highest
court in the state). The attendees then enjoyed a short walk to the
Marriott East Side on 48th Street and Lexington Avenue where they were
treated to a wonderful welcoming reception hosted by the Armenian Bar
Association which included a delicious hot buffet and an open bar.
Scores of members and guests mingled with each other, rekindling past
friendships and forming new ones. The evening concluded with a large
group of members heading over to “W”, a trendy bar on the
upper East Side.
On Saturday, members and guests gathered at the beautiful facilities
of the Association of the Bar of the City of New York on West 44th
Street. The building conveyed a charm and presence that one could not
only see, but almost feel. The architecture of the building, complemented
by the marble staircases and ornate wooden benches, conveyed a sense
of permanence and power. The heavy burgundy drapes and giant portraits
of famous attorneys from New York provided a regal and learned backdrop.
All in all, a fitting locale for the Armenian Bar’s Annual Meeting.
The Saturday Meeting began with a wonderful continental breakfast for
attendees featuring a variety of breads, pastries, coffee and juices.
The Armenian Bar Association’s Chair, Lisa Esayian, welcomed the
attendees with warm introductory remarks, followed by a short update
on the goings-on of the Armenian Bar Association within the past year.
Ms. Esayian also read letters from Congresswoman Carolyn McCarthy and
Congressman Charles Rangel welcoming the Armenian Bar Association to
New York.
Next, Ms. Esayian thanked the Association’s Sponsors, including
Annual Sponsors: Drinker Biddle & Reath, LLP; Kaufman and Moomjian,
LLC; Kirkland & Ellis; Law Offices of Dick Harpootlian; Law Offices
of Simonian & Kerkonian; and the Honorable Aram Serverian and the
Judges and Attorneys Resolution Services, Inc.; and Meeting Sponsors:
Professor Ann Lousin in Honor of the Permanent Mission of the Republic
of Armenia to the United Nations and in Memory of Max B. Lousin; and
Law Offices of Robert Roomian for their generous contributions to this
year’s meeting.
Following the business meeting, the Association held a series of continuing
legal education lectures. The first panel discussion was entitled “Emerging
Issues in Alternate Dispute Resolution.” The panel was moderated
by Judge Aram Serverian from the Judges and Attorneys Resolution Service.
The panel included Harry Mazadoorian, Professor of Law, Quinnipiac
University School of Law, and Florence Peterson from the American Arbitration
Association (AAA). Mr. Mazadoorian provided an interesting discussion
on the history and growth of ADR in the United States and discussed
the Uniform Mediation Act that was approved by the American Bar Association
in February. Ms. Peterson provided the attendees with an overview of
the AAA, as well as a discussion of some recent high profile cases
involving ADR.
The second panel discussion was entitled “Consumer Banking and
Corporate Law Update.” The panel was moderated by Onnig Dombalagian
from the Securities and Exchange Commission, Department of Market Regulation.
Josh Zinner, Director of the Foreclosure Prevention Project for the
South Brooklyn Legal Services (and husband of Board Member Sarah Leah
Whitson) spoke on predatory lending. Mr. Zinner discussed the aggressive
solicitation practices of brokers and lenders targeting the working
poor. Some of the activities Mr. Zinner has seen include extremely
high lending and broker fees, falsifying of documents by brokers, and
providing kickbacks to brokers for obtaining higher lending rates.
Mr. Zinner concluded by noting that the current laws are not strong
enough to halt even one quarter of the current unfair practices occurring
today.
Mr. Dombalagian then introduced Gary T. Moomjian who spoke on the topic
of acquiring a business. Mr. Moomjian discussed mergers and acquisitions
from the perspective of both the buyer and seller and their desired
goals in the deal. Mr. Moomjian then provided an overview of the valuation
process, concluding with a brief discussion on the concerns related
to antitrust.
As part of the meeting, the attendees partook in a delicious luncheon
which included a private performance by soprano Anoush Barclay and
pianist Noune Grigorian. Ms. Barclay is an accomplished vocalist having
performed in numerous operatic productions in the Northeast and Mid-Atlantic.
Ms. Grigorian began her training at the age of six at the Tchaikovsky
Special Music School. Her training eventually led to a position as
faculty member of the Special Piano Divisions of the Yerevan State
Gomitas Conservatory and the Moscow Special School of Music. The performances
were, simply stated, magnificent.
Following the musical interlude, Harry S. Cherken, Jr., past Chair
of the Armenian Bar Association, presented the current Chair, Lisa
Esayian with an inscribed book from the Association as a special thank
you for all her hard work, dedication and tireless energy in leading
the Association this year.
As a surprise to all those in attendance, Congressman Frank Pallone,
a prominent congressman from New Jersey and co-chair of the Armenian
Caucus in the House of Representatives, stopped in to congratulate
the Association on its Thirteenth Annual Meeting and to convey his
personal thanks for the efforts of the Association and its members
to help develop the Rule of Law in Armenia. Congressman Pallone provided
the attendees with an update on the various issues that are developing
between Washington and Armenia. To call Congressman Pallone a friend
to Armenia and Armenians would be an understatement. Congressman Pallone
has gone out on a limb time and time again to encourage the United
States to support and provide assistance to Armenia.
The keynote speaker at the luncheon was Bernard Ohanian, Associate
Editor of the National Geographic Magazine. Mr. Ohanian related a variety
of stories surrounding his career at National Geographic. He explained
how growing up, his Armenian father and Jewish mother told him that “what
you do in life must contribute, otherwise your life has no meaning.” After
having held several different jobs, he joined National Geographic to
honor their memories. Mr. Ohanian feels that his contribution to society
is that of educating the readers about the world and he described how
he strives with every issue of National Geographic to accomplish this
goal. Mr. Ohanian explained how the terrorist events affected National
Geographic. He discussed how the staff had gathered on September 12th
and decided not to sit back and reflect on the events, but to move
forward and chase the magazine’s mission statement - to cover
the world and everything in it - with a renewed spirit. And the National
Geographic staff did just that. The next three issues of the magazine
included detailed discussions about Afghanistan and the Taliban. National
Geographic followed that with an edition explaining the world of Islam.
Those issues revealed to the readers a part of the world that was previously
hidden in the shadows. Mr. Ohanian ended by noting that sometime in
the future an edition of National Geographic will hit the stands that
will include a section on Armenia.
The afternoon meeting began with the Association’s Business Meeting.
Lisa Esayian started with an overview of the activities that the various
committees have been involved in over the course of the year. Next,
Ms. Esayian commenced the election of new members to the Board and
the selection of Committee Chairs. The outgoing Board members who had
completed their three-year terms included Lisa Barsoomian (DC), Denise
Darmanian (NY), Saro Kerkonian (CA), and Ara Tramblian (DC). The Nominations
Committee, headed by co-chairs, Harry S. Cherken, Jr. (PA) and Rouman
Ebrahim (CA), presented a slate of nominees to the membership. The
floor was opened for additional nominations after which the nominations
were voted on by the membership. The following individuals were elected
to three-year terms on the Board of Governors: The Honorable Alice
E. Altoon (CA), Gary T. Moomjian (NY), John V. Pridjian (CA), Robert
Roomian (VA), and Ara Tramblian (VA). The following committee chairs
have been elected:Armenia Programs:
Onnig Dombalagian (DC) and Tamar Hajian (MA)
Armenian Rights Watch:
John Pridjian (CA), George Terterian (CA), and Sarah Leah Whitson (NY)
Continuing Legal Education:
M. Michael Babikian (CA)
Genocide Project:
Prof. Ann Lousin (IL)
Grants:
Raffi Sarrafian (IL)
Membership Development:
Vasken Khabayan (Canada) and Robert Roomian (DC)
Newsletter:
Meline Blackwell (DC) and Robert Cannuscio (PA)
Pro Bono:
Anahid Gharakhanian (CA) and Azniv Ksachikyan (CA)
Student Affairs:
Rouman Ebrahim (CA) and
Edgar Khalatian (CA)
Lisa Esayian next discussed the Board’s decision to hold the next
annual meeting in 2003 in Los Angeles, California. Ms. Esayian then
introduced Vartkes Yeghiayan, counsel for the plaintiffs in the New
York Life litigation (Marootian v. New York Life). Mr. Yeghiayan presented
a short summary of the status of the New York Life litigation. He noted
that there was a final mediation set for the end of April and that
the trial date is currently slated for November or December. Board
member and co-chair of the Armenian Rights Watch Committee, Sarah Leah
Whitson, followed by reading a written position paper by the Board
regarding the New York Life litigation. The paper outlined the Armenian
Bar Association’s position on what a just resolution should include
at a minimum. The position paper is to be released to the parties and
to the press.
The meeting proceeded into a lively panel discussion on “A Lawyer’s
Role in Armenia.” Tamar Hajian moderated a distinguished panel
of guests. Mrs. Hajian is co-founder of Arlex International Ltd., a
public interest law firm headquartered in Armenia. The first speaker
was Justice Alvina Gyulumian from Armenia’s Constitutional Court
and President of the Armenian Judges Association. Justice Gyulumian
had been a guest of the Association 10 years prior. She used that as
a foundation to discuss the changes that have occurred in the legal
system over the years, including the establishment of a Constitutional
Court. (A complete transcript of Justice Gyulumian’s speech is
included separately in this Newsletter.)
The next speaker was Lusine Hovannisian from the Faculty of Law at
Yerevan State University. Professor Hovannisian spoke of the role of
legal education in advancing legal reform in Armenia. She discussed
changes in the Civil and Criminal Procedure Codes and how the new adversarial
type of system had completely changed from the old Soviet system. She
explained how the law school’s programs had been modified to account
for the new system. Professor Hovannisian also described a new clinical
program on street law and advocacy courses on human rights. (A complete
transcript of Professor Hovannisian’s speech is included separately
in this Newsletter.)
Vasken Khabayan, an attorney at Barrister & Solicitor, a law firm
in Toronto, Canada, and one of the Association’s Canadian Liaisons,
discussed a program he was involved in several years earlier to assist
in updating the law library at Yerevan State University. The books
in the library were antiquated and outdated. The Armenian Bar Association
had funded the shipment of new books and a computer for Armenia. Mr.
Khabayan described his trip to Armenia and the updating of the library.
Yerevan State University has now expanded the library to include many
Russian and Armenian law books.
The next panelist was Claire Kedeshian from the United States Department
of Justice. Ms. Kedeshian discussed how the State Department and Federal
Bureau of Investigation had traveled to Armenia to discuss with individuals
in Armenia’s law enforcement departments about money laundering.
About ten other government groups traveled to Armenia along with the
State Department and FBI to explain how the US practice works .
Simon Balian from Fund for Armenian Relief spoke next. Mr. Balian discussed
how he believes that the Diaspora has failed to come through for Armenia.
He expressed that Armenian-American lawyers should be encouraging their
clients to consider investing in Armenia and that they should utilize
their legal skills in any way possible for the benefit of Armenia.
The last speaker was James Tufenkian, a New York and Yerevan-based
entrepeneur. Mr. Tufenkian described how, at the time of Armenia’s
independence in 1991, he asked himself “How can I help?” He
thought back to the time during the Soviet reign when an independent
Armenia was just a dream. He knew that he must do what he could to
keep the realization of that dream alive. Mr. Tufenkian decided to
set some goals for himself. First and foremost, he knew he had to go
back to Armenia to honor the memory of his relatives. He also wanted
to narrow the gap between the Diaspora and Armenia. In striving toward
his goals, Mr. Tufenkian has established a very successful rug business
in Armenia and is now in the process of completing a chain of hotels
throughout the countryside of Armenia. Mr. Tufenkian concluded his
remarks by noting that he feels at peace with himself.
After a wonderful day of lectures, many attendees set out to explore “the
city that never sleeps.” As part of the evening events, the Armenian
Bar Association jointly hosted a social get-together with the Armenian
Network of America at Kanvas Bar-Lounge-Gallery, at 9th Avenue and
23rd Street.
On Sunday morning, the new Board of Governors convened to hold its
first meeting and to elect an Executive Committee. The new Executive
Committee includes: Chair - Zaven Sinanian (CA); Vice-Chair - Ara Tramblian
(DC); Secretary - Robert Cannuscio (PA); Treasurer - Vicken Simonian
(CA); and Chair Ex-Officio - Lisa Esayian (IL) . Following the elections,
Harry Dikranian, one of the Association’s Canadian Liasions and
chair of the Organizing Committee for the 2002 Mid-Year Meeting in
Montreal, provided the Board with an update on the status of the plans
for the Mid-Year Meeting. Next, the Board formally voted to hold the
2003 Annual Meeting in Los Angeles and then discussed the possibility
of holding the 2003 Mid-Year Meeting in a non-traditional locale. The
Board tentatively voted to hold the meeting in New Orleans. The Board
concluded the meeting with a discussion on establishing a scholarship
fund. After a review of the treasury from Mr. Simonian, it was resolved
that, since the funds were available, steps should be taken to formally
set up an Armenian Bar Association scholarship fund. Mr. Sinanian formally
adjourned the meeting.
New York played a wonderful host to the Armenian Bar Association’s
Annual Meeting. The tireless efforts of the New York Organizing Committee,
Denise G. Darmanian, Anna Djirdjirian, Talar Iskanian, Christopher
P. Parnagian and Sarah Leah Whitson, proved successful, so much so
that everyone agreed that the Association would be back again in the
future.
NEW BOARD MEMBERS
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JUDGE ALICE E. ALTOON
Judge Alice Al-toon has been a judge on the Los Angeles County Superior
Court since 2000. Prior to that judgeship, she was a judge on the Los
Angeles Municipal Court from 1987-2000 and worked in the California
State Department of Justice as a Deputy Attorney General from 1980
- 1987.
Judge Altoon obtained a Bachelor of Arts degree from UCLA in 1968.
She went on to obtain a Secondary Teaching Credential from CSU - Northridge
in 1971. Judge Altoon obtained her law degree from USC Law Center in
Los Angeles, California, in 1980.
Judge Altoon is married to Ronald A. Altoon
GARY T. MOOMJIAN
Gary is a partner in the firm of Kaufman & Moomjian, LLC, in Mitchel
Field, New York. Gary represents several public and private companies
in their corporate, securities, financing, borrowing, merger and acquisition,
securities, and other legal matters.
Before joining Kaufman & Moomjian, Gary practiced with Wachtell,
Lipton, Rosen & Katz, a leading mergers and acquisitions firm,
and was a partner in Breslow & Walker, LLP.
Gary obtained a Bachelor of Arts degree in Accounting from the City
University of New York - Queens College in 1974. Gary went on to obtain
his law degree from New York University School of Law in 1977. While
at NYU, Gary was a member of the Order of the Coif, a recipient of
the John Norton Pomeroy Prize and an editor of the New York University
Law Review.
JOHN V. PRIDJIAN
John is currently an international tax partner in the Los Angeles office
of Deloitte & Touche LLP. John was previously a partner at the
law firm of Sidley Austin Brown & Wood in Los Angeles, California.
John worked at Sidley Austin from 1993-2001. John started his career
(1991-1993) at the law offices of O’Melveny & Myers in Los
Angeles, California. John’s practice includes advising clients
on corporate mergers, acquisitions, restructurings, joint ventures
and cross-border investment transactions.
John obtained a Bachelor of Science degree in Accounting with honors
(and earned his CPA certificate) in 1986 from the University of Illinois.
John went on to the University of Chicago to earn his Masters Degree
in Business Administration in 1988 with honors, specializing in finance.
John next ventured in the field of law, obtaining his law degree from
the University of Illinois with honors in 1991. John was on law review
and won the J. Nelson Young Award for outstanding academic performance.
John has published numerous articles and has given many presentations
on the topic of international tax law.
In addition to the Armenian Bar Association, John is a member of the
American Bar Association, the California Bar Association and the Los
Angeles County Bar Association.
ROBERT G. ROOMIAN
A Washington, D.C. native, Robert G. Roomian graduated from the George
Mason University School of Law and has been a member of the Virginia
Bar since 1981 specializing in the practice of trademark and copyright
law.
His solo practice includes trademark and copyright research, registration
and enforcement. Among his clients are major music publishing companies
and intellectual property law firms.
In 1996, Robert traveled to Tel Aviv, Israel, to testify as an expert
witness in the field of copyrights in a dispute between the Estate
of Charlie Chaplin and an Israeli lottery agency which had used a look-a-like
of the Charlie Chaplin “Little Tramp” character to advertise
the sale of lottery tickets.
A member of the Armenian Bar Association since 1992, Robert has performed
pro bono services for various Armenian organizations including the
Ani Armenian Choral Group, the Armenian Women’s Archives Project
and the Armenian National Institute. He has also served as a member
of the Board of Trustees of Soorp Khatch Armenian Apostolic Church
in Bethesda, Maryland. Robert lives in Fairfax Station, Virginia with
his wife Maro and daughter Tamar.
ARA L. TRAMBLIAN
Ara L. Tramblian is a graduate of the University of Virginia School
of Law. He is Deputy County Attorney for Arlington County, Virginia,
where he supervises all litigation by that office. He has extensive
trial experience in the state and federal courts in civil litigation,
both at the trial and appellate levels, primarily in the areas of federal
and state constitutional law, civil rights litigation, local taxation,
and general trial work.
Ara is a founding member of the Armenian Bar Association, and served
on its first Board of Governors, as well as on its current Board. He
was the lead organizer for the Armenian Bar Association’s 1992
and 2000 conferences in Washington, D.C. As part of the 1992 meeting,
Ara helped host visiting members of the Supreme Court of Armenia, including
a visit to the U.S. Supreme Court and a meeting with Justice Antonin
Scalia.
In 2001, Virginia Governor Jim Gilmore appointed Ara to the Governor’s
Armenian Advisory Commission, on which he served as Chairman of the
Legal Subcommittee.
Ara has been a speaker at numerous conferences, including those held
by the Local Government Attorneys of Virginia and the Virginia Association
of Assessing Officers. He has lectured on the subject of civil liability
as part of mandatory retraining for local police officers. He has also
been a speaker on the subject of the practice of law at American University
in Washington, D.C.
Ara is a member of the Arlington County Bar Association, the Local
Government Attorneys of Virginia, and the Virginia Association of Civil
Defense Attorneys.
During college, he received a fellowship from the Armenian Prelacy
of America, which permitted him to travel to and engage in Armenian
Studies at the Armenian monastery in Bikfaya, Lebanon. He has also
traveled to Armenia. He lives in Annandale, Virginia with his wife
and three children.
NEW YORK LIFE LITIGATION OVERSIGHT COMMITTEE FORMED
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The Armenian Bar Association recently formed an Oversight Committee
to monitor the developments in the New York Life Insurance Litigation.
The Oversight Committee recently prepared a Statement of Principles
that has been adopted by the Armenian Bar Association and forwarded
to New York Life. The Statement of Principles provides the Armenian
Bar Association’s position on how the litigation should be resolved.
The following is a copy of the Statement of Principles:
Statement of Principles on New York Life Case
1.Any settlement should provide the heirs of policyholders with an
amount that fairly represents the present day value of the amount the
original policy beneficiaries were entitled to receive under the terms
of the policies (i.e., the present day value of the face value of the
policies).*
2.To ensure that all of the heirs of policyholders are contacted and
able to participate in the settlement, any settlement should ensure
that New York Life fully and adequately discloses the full and complete
list of all policyholders that may have been casualties of the Armenian
Genocide.
3.To the extent that there are unresolved policyholder claims for which
no heirs can be located, any settlement or resolution of this matter
should require that the present day value of such claims be transferred
to a separate fund. These funds should be accounted for and managed
in a manner that is consistent with the highest level of accountability
and exercise of fiduciary duties. The funds should be dispersed in
a manner that balances the needs of the Republic of Armenia and the
Armenian Diaspora.
4.Any settlement should provide for publicity and advertising to increase
the likelihood of locating heirs of policyholders that, due to the
events surrounding the Armenian Genocide, may live in any nation of
the world. All such publicity and advertising should refer to the events
leading to the deaths of the policyholders as the “Armenian Genocide.”
5.Any settlement should provide for reasonable attorneys fees that
fairly compensate the attorneys involved for the legal services rendered
in light of the complexity of the case, the contingent nature of the
fees received and the amount of effort and level of skill exerted in
this case.
* It should be noted that a settlement of ten times the face value
of policies may have adequately compensated Holocaust insurance claims
but would not adequately compensate Armenian Genocide insurance claims
because such a "multiplier" of face value does not adequately
compensate heirs of policyholders for the thirty some years of additional
time that has elapsed in the case of insurance claims relating to the
Armenian Genocide. Furthermore, the settlement of Holocaust insurance
claims required resolving how to treat policies that were originally
payable in currencies that no longer exist – an issue not present
in the case of Armenian Genocide insurance claims. It is our understanding
that, to produce the present day value of the amount the original policy
beneficiaries were entitled and to account for currency translation
issues, the face value of policies should be multiplied by an amount
not exceeding 300.
Marootian v. New York Life is a case of enormous significance to the
Armenian community and to many other individuals who believe in the
basic principles of fair play, integrity and decency.
The import of this matter extends well beyond the immediate interests
of the beneficiaries of unpaid life insurance policies issued by New
York Life to thousands of Armenians massacred in Turkey from 1915 to
1922. For Armenians around the world, this case focuses a spotlight
on all of the 1.5 million Armenians killed in the Armenian Genocide
and the Turkish government’s continued denial of the Genocide.
For a community struggling for simple recognition of the worst type
of harm any group of people can inflict upon another, there will be
something to be grateful for in the recognition in a U.S. court of
the fact that thousands of well-insured Armenians did live in Turkey,
were massacred by the Turkish government and their beneficiaries are
rightly owed the present day value of the unpaid proceeds of these
policies.
In light of the significance of this matter to the Armenian community
as a whole, the Armenian Bar Association, comprised of lawyers from
around the world, is issuing the attached Statement of Principles.
The Armenian Bar Association believes that it is important to set forth
the principles that must govern any fair and equitable resolution of
this case, whether expressed as a court judgment or a settlement. The
Armenian Bar Association also believes that these principles are fair,
reasonable, and in the best interests of both the Armenian community
and the long-term interests of New York Life.
With respect to New York Life, we believe that resolving this case
on these principles is consistent with New York Life’s 150 year
history and tradition of putting “policy owners’ financial
well-being first.” New York Life has a rich tradition of firsts
- - first financial dividend paid to American policy owners in 1845,
first financial report issued to American policy owners in 1899 and
the first company to add a no-cost unemployment rider to its policies
in 1992. The current management of New York Life will do a great disservice
to this proud history and tradition if, in modern times, New York Life
takes the position that it can unfairly profit from the first genocide
of the twentieth century and the first large-scale genocide in recorded
history.
In addition, the Oversight Committee has established the following
list of goals to keep the membership informed on the developments in
the NY Life litigation.
- Post the key pleadings from the litigation on the Armenian Bar’s
website, www.armenianbar.org.
- Prepare draft letters for a letter-writing campaign to New York Life.
The letters would inform New York Life that our community is closely
monitoring New York Life’s conduct of this case.
Two of the Oversight Committee members recently exchanged some very
interesting correspondence with New York Life directly. The following
is a copy of New York Life’s response to Denise Darmanian:
Dear Ms. Darmanian,
Thank you for the recent email message to our chairman, president and
CEO, Sy Sternberg, regarding New York Life insurance policies sold
in the Ottoman Empire prior to World War I. He has asked that I follow
up with you. Based on your email message, it seems as though you may
be unaware of how responsibly New York Life acted after the tragic
events of 1915.
Following the tragedy in the Ottoman Empire, New York Life maintained
a special claims office in Constantinople from at least 1917 and staffed
it with an Armenian attorney for several years in order to help individuals
establish claims under the Armenian policies. The company applied liberalized
standards to make it easier for claims to be processed, routinely waiving
normal claims requirements -- such as death certificates -- and instead
accepted information from the Armenian religious community so benefits
could be paid. In fact, time after time New York Life reinstated lapsed
Armenian policies in order to pay claims. By 1925, claims were filed
and paid on a third of the policies issued to Armenians in the Ottoman
Empire. Only an estimated 2,300 policies -- on which no claims were
filed -- remain unresolved, according to our company records.
These policies are the basis of a lawsuit filed against New York Life
in California.
To reiterate, the lawsuit isn't about claims denied, it is about claims
never made. Even so, we proposed last year a generous settlement to
resolve all remaining Armenian policies. The company offered to pay
up to 10-times the face value for any policy meeting our flexible claims
standards, and to make a donation of at least $3 million to Armenian
cultural and community groups who provided support for families and
individuals during this difficult period. Claims received under that
settlement proposal would have been processed under liberalized procedures
similar to those used after 1917. Despite their earlier acceptance
of our offer, plaintiffs' attorneys later rejected our offer, an offer
that was endorsed by leaders in the Armenian community in America.
We remain committed to a full and fair settlement for any and all legitimate
claims from this unfortunate and tragic period. I hope this helps to
set the record straight about New York Life's performance regarding
the Armenian policies.
William Werfelman
Vice President
New York Life Insurance Company
- On what basis has New York Life concluded that 10 times the face
value of the unclaimed policies established prior to 1924 is a good
measure of the present day value? As noted in the Armenian Bar’s
Statement of Principles, New York Life should pay a minimum of the
present day value of the amount the heirs of policyholders were originally
entitled to receive under the terms of the policies.
- While New York Life’s response mentions liberalized claims payment
policies “following the tragedy in the Ottoman Empire,” there
has been evidence of numerous cases where heirs were turned away for
insufficient documentation.
- Again, while New York life focuses on the claims it did pay by setting
up an office in Constantinople in 1917, there are serious questions
about whether New York Life exercised the appropriate amount of care
and diligence in tracking down the heirs of the policies. Most of these
heirs fled the Turkish provinces, so a Constantinople claims office
would have been of no help to them.
- New York Life claims that “leaders in the Armenian community
in America” endorsed its settlement claim of 10 times face value
plus $3 million to Armenian groups, without mentioning who those leaders
are. In part to address this apparent misrepresentation of the Armenian
community, the Oversight Committee seeks to bring together a diverse
group of community representatives who can indeed claim to represent
the Armenian community.
If you are interested in joining the Oversight Committee, please contact
John Pridjian at 818-389-0018.
PRESENTATION BY JUSTICE ALVINA GYLUMYAN AT ANNUAL
MEETING
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First and foremost, I would like to thank you for inviting me and giving
me the opportunity to speak to you today.
Ten years have passed since I last spoke to the Armenian Bar Association
and as you may remember, the justice system of the newly independent
Armenia at that time was merely the continuation of the Soviet legislative
and judicial systems. I would like to take this opportunity to describe
what has been accomplished in the last ten years and suggest some ideas
for further reform and development.
Previously, our system was such that the members of the various courts
(Court of First Instance and the Supreme Court) were appointed on the
basis of party affiliation and connection. Judges were elected and
society participated in the administration of justice through the assessor.
Justice ignored private property rights and only had concern for the
protection of state property. Criminal courts focused on punishment
rather than determining criminal responsibility, which was determined
during the preliminary investigation stage. In addition, the procurator
(also called prosecutor) took part in both civil and criminal cases
to further the state’s interest.
These circumstances have caused a lack of confidence in the judicial
system and convinced many people that the protection of their rights
is better sought outside of the court system. Also, the judicial branch
is not viewed as independent from the other branches of government.
As such, first it is important to change the public’s attitude
towards the courts and at the same time, strengthen the court’s
role in the protection of human rights.
The Armenia of today is a bit different. However, it is still in the
period of transition. And like many countries in transition, Armenia
faces the following problems:
1) The legal framework cannot be yet considered perfect. After adoption
of the new Constitution in 1995 many laws are not fully in compliance
with the Basic Laws of the state. All the international norms on human
rights are reflected in the laws of Armenia. However, quite often,
people take them as imposed upon from outside or rather as a formality
to obtain membership in international structures.
2) Good laws do exist today, however, the mechanisms of enforcement
are quite weak. The absence of statehood for hundreds of years resulted
in a situation whereby an Armenian in Armenia feels it difficult to
obey laws for being used to having them imposed upon. Hence, it will
take time for the conscience of people to consider the laws as their
own and feel obliged to follow them.
3) The social-economic situation of the country.
4) Many of existing democratic institutions are still in the process
of formation.
These are the problems that any country in transition has to face.
And this is a challenge and opportunity. Challenge to use our best
minds to become winners in history and we need everyone of you to help
us achieve this. It should become a Pan-Armenian mission.
So, how did we imagine our new system of justice?
We imagined an independent judiciary, which has its place and role
in the system of separation of powers, which is accessible for the
people and ensures development of democracy and human rights reliable
protection.
What kind of system did we establish?
There are four key points:
Currently, we have a Constitutional Court which gives access only to
a restricted number of people and possesses restricted powers.
According to Articles 100-102 of the Constitution of Armenia, in 1996
a specialized body of constitutional control – the Constitutional
Court of the Repablic of Armenia has been established. The main task
of this body is to ensure the supremacy of the Constitution, as well
as the protection of constitutional human rights and freedoms.
The Constitutional Court consists of nine members, the unique female
representative of which is in front of you.
The powers of the Court are enshrined in the Constitution and in the
Law on the Constitutional Court. Particularly, the Constitutional Court
is entitled to consider cases on conformity with the Constitution of
laws and resolutions of the Parliament, orders and decrees of the President,
resolutions of Government, as well as the obligations assumed by international
treaties. The Constitutional Court also has the power to rule on disputes
concerning referenda and the results of presidential and parliamentary
elections.
The overwhelming majority of the cases considered by the Court concern
the issue of conformity with the Constitution of obligations assumed
by international treaties. This situation is explained with the fact,
that the international treaties ratified by the RA are the object of
compulsory preliminary control, as well as with the restricted circle
of persons, who are entitled to raise an issue of constitutionality
of normative acts. I consider that the power of the Constitutional
Court of compulsory preliminary constitutional control over the obligations
assumed by international treaties is essential for our state, because
for each newly independent state there is a risk of intentional or
non-intentional inclusion of unconstitutional norms in international
treaties. During six years of its operation the Court has found contradiction
with the Constitution of obligations assumed by several international
treaties: particularly these international treaties provided for foreign
investments less protection than is guaranteed by the Constitution.
The Constitutional Court has also considered cases concerning the conformity
of several laws and disputes on election results.
Second, the Court of First Instance conducts both the pre- trial investigation
of cases and considers cases on its merits.
Third, the Appellate Court retries the whole case, regardless of the
necessity.
Lastly, the Court of Cassation administers justice through specialized
chambers without possessing the power to make a final judgment in a
case and is also accessible only by a restricted circle of people.
What are the possible avenues for reform?
One of the most significant events in foreign life of our state during
this decade was Armenia’s membership in the Council of Europe
and ratification of the Convention on protection of human rights and
freedoms. The membership of this organization obliges the state institutions,
particularly the judiciary to implement human rights protection according
to European standards. The ratification of the European convention
will have an essential influence on the quality of justice and improvement
of human rights’ protection system in Armenia. The domestic courts
will be obliged to follow the case-law of the European Court of human
rights.
In order to ensure an independent judiciary which can be relied upon
to protect human rights and to work towards the development of a democracy – it
is necessary:
First to clarify the powers of the judiciary.
Second, to extend the power of the Constitutional Court – and
to enlarge access to the Court, making judicial protection more accessible.
I have to confess, that it is impossible for the Constitutional Court
to implement effective constitutional justice with its existing powers
and circle of subjects, who are entitled to appeal to the Constitutional
Court. The effective constitutional justice is possible, when all the
constitutional subjects are entitled to appeal to the Constitutional
Court and all legal acts adopted by constitutional subjects are object
of constitutional control.
Today, the process of constitutional amendments gives an opportunity
for establishment of necessary constitutional grounds for the realization
of effective constitutional justice. The draft of the constitutional
amendments developed by the Commission on constitutional amendments
at the President of the RA extends the circle of subjects entitled
to appeal to the Constitutional Court, makes the Constitutional Court
accessible for the citizens and provides for the power to consider
jurisdictional disputes between state bodies.
Third, to establish necessary requirements for the appointment of judges
and the manner in which judges resign.
And fourth, to ensure society’s participation in the administration
of justice.
Lastly, I’d like to talk about possible directions of cooperation
between lawyers in the Diaspora and Armenia.
Today, both state institutions and non- governmental organizations
involved in legal reform are concentrating on achieving real independence
for the judiciary, working towards proper administration and accessibility
of justice, as well as strengthening the institutions of civil society.
For example, the Constitutional Court of Armenia has initiated significant
measures, both local and international, in order to develop the science
of Constitutional Law in our country. The Constitutional Court initiated
the creation of the Conference of Constitutional Review Bodies of Young
Democracies. Within the framework of this organization a special journal
called “Constitutional Justice” is published.
Also, the Constitutional Court is publishing a Yearbook of Constitutional
Law, which will serve as an arena for discussions on issues of Constitutional
Law. This Yearbook may be an ideal place for cooperation between lawyers
of Armenia and the Diaspora.
Another opportunity for cooperation can be a joint effort through the
Armenian Association of International Law which is attempting to examine
and publish all international treaties entered into by Armenia. It
is undeniable that a nation is judged not only through its present
advances, but also through its historical past. A nation’s past
often forms the basis of its current domestic laws and international
treaties. Specifically, international treaties entered into by a nation
testify to the nation’s achievements and losses in foreign political
life. Since a complete and full study of all international treaties
entered into by Armenia has never been conducted, the suggested project
would aim to examine and publish all international treaties entered
into by Armenia from 1360 BC through the 14th century. The realization
of this project will have great historical, political and even moral-psychological
significance for our nation.
In conclusion, the Diaspora’s assistance in the realization of
these and similar projects can be not only financial, but also professional.
In the past, we have often considered the Diaspora as an accomplice,
from which the homeland waits for financial assistance. Enough attention
has not been paid to the Diaspora’s professional assistance and
cooperation. It is undeniable that the homeland can greatly benefit
from the intellectual wealth of the Diaspora and I hope further emphasis
is placed on such mutually beneficial cooperation.
THE ROLE OF LEGAL EDUCATION IN LEGAL REFORM
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The program of reforms launched by the Government of Republic of Armenia
after adoption of the Constitution was the first effort that triggered
reconstruction and development of the entire judicial and legal system
in Armenia. Numerous laws were adopted and among them the laws of primary
importance are the civil code and civil procedure code and criminal
code and criminal procedure code. As a result, an entirely new legal
framework emerged with new perceptions of law and legal profession
and played a vital role in the establishment of new institutions, such
as the institution of an advocate (attorney). The set up of the institution
followed the adoption of the adversarial system of adjudication that
assumed a new role for the advocate. It was quite different from the
system Armenia inherited from the Soviet period where advocates were
at the mercy of the judges and prosecutors. Now, the advocate has obtained
the power of an active player rather than a passive listener.
In light of these changes, the need for reforms in the educational
system, and particularly the legal education system became apparent
and inevitable. The on-going changes in the legal framework on the
one hand, and the existing Soviet system of higher education on the
other hand, called for an urgent redefinition of the mission of the
law faculty to meet the political and economic realities. The Soviet
education being much too theory oriented provided deep theoretical
knowledge of the law and legal principles. However, it lacked the tools
for teaching advocacy and lawyering skills so that the students would
know how to apply those principles correctly and with confidence. Hence,
the law students upon completion of the university found it difficult
to deal with everyday practical issues and as a result were not always
successful in finding jobs. To fill this gap, the Faculty of Law at
the Yerevan State University has undertaken serious steps in the process
of reforms in the legal educational system which entailed two main
components:
1. Modification of the legal curricula in conformity with the adopted
legal acts. It also assumed that new courses would be introduced, especially
in the area of commercial law, as well as new teaching materials;
2. Development of advocacy skills, required introduction of new teaching
methods and new approaches to teaching techniques. To this end, the
faculty sought to obtain all necessary technical equipment, including
the set up of the moot court competition room among other things and
training for the faculty staff.
Among the steps undertaken by the faculty was the introduction of the
clinical legal education program, a type of education familiar to American
lawyers. The primary aim was to link the theory with practice through
specially designed courses and provision of legal aid to vulnerable
groups of the population.
Legal Clinic of the Yerevan State University Founded in 1998
The Legal Clinic of the Yerevan State University is what is called
an “in-house” institution comprising an indivisible part
of the Faculty of Law of the YSU. It was set up with the support of
the Open Society Institute in Armenia and Constitutional and Legal
Policy Institution in Hungary, which provided technical and financial
assistance for the past three years now.
At the beginning, a lot of efforts were made to obtain recognition
both on behalf of the public and the university alike. Being new, the
concept seemed to raise confusion as to its meaning and its mission.
The clinic was often perceived in its traditional sense and ended up
with people seeking medical advice. However, within time, the program
gained recognition and the clinical program obtained its status at
the faculty of law.
Now the clinic operates on the basis of its Charter approved both by
the Board of the Clinic and the Dean of the Law Faculty. It is composed
of three sections, civil, criminal and human rights, each being run
by a law professor and a practicing lawyer. Recently, a new program
of “Street Law” was launched and is on the experimental level.
Students participate at the clinical program on a voluntary basis and
after successful completion receive certificates of participation approved
by the Dean of the Faculty.
Mission and Objectives
The three years of work showed that the clinical program serves its
two major objectives: first, it can make a significant contribution
to the legal education system as it provides law students with necessary
practical skills to become competent lawyers and by this it implements
its educational objective. At the same time, it plays a societal role
by meeting the legal needs of the poor and underrepresented and thereby
implements its charitable objective. These two roles of the clinical
education are complementary and fall under a broader set of goals,
that of promoting legal reforms and furthering the respect for the
rule of law.
The benefits of the clinical program both to the legal educational
system and the public serve the attainment of important societal goals:
1. Since the distrust of the public to the rule of law and democratic
institutions is widespread the clinic assists individuals in their
relationships with state administrators and thereby raises the legal
consciousness of all the actors, the administrators and the citizens
alike.
2. Students’ advice encourages citizens to pursue their rights
and through their mediatory role between the citizens and the public
authorities, they play a supervisory role in the actions of administration
and thus encourage officials to apply the laws in good faith. By bringing
law to life through the experience of poor and underrepresented clients,
the legal clinic is an important tool for the improvement of human
rights and the development of the rule of law.
3. In addition, the experience that the clinical students get from
the work with particular provisions of the law and their application
to concrete cases may sometimes raise new issues that invite criticism
and discussion with the professors. This may be followed by academic
discussions that trigger legislative reforms.
4. And last, but not least, the clinical program provides a good forum
to teach law students a good understanding of ethical, professional
and practical issues that the lawyers face in real life. In its turn,
it may contribute to raising a new generation of professional lawyers
willing to serve the public interest legal community.
Outcomes
The clinical curriculum was developed on the basis of the experience
that other clinical programs of law schools in the U.S. had, and with
which we established relationships (the Columbia Law School Legal Clinic,
as an example) and hence focus on the development of skills of legal
analysis, drafting legal documents, interviewing, counseling, case
analysis, negotiation and oral advocacy.
As the teaching methodology in the clinical program is the most fundamental
characteristic, the clinical program at YSU employs the methods of
interactive teaching in which the students “learn by doing.” For
this, the use of written materials, classroom discussions, games, analysis
of good and bad facts, role-playing exercises, use of videotaping and
direct legal aid are crucial.
For the years from 1999-2001, the clinic had 40 students. During the
same period, legal aid was provided to 90 clients with different legal
problems. The majority of cases relate to civil law mattes and constitute
85% out of the total. These are primarily family law, property, inheritance
issues, as well as more simple services, such as drafting legal documents,
complaints and claims.
Future Programs and Challenges
A part of the success of the clinical legal education is its full integration
into the Law Faculty of the YSU. This includes introduction of the
clinical program into the curriculum of the faculty, which in turn,
assumes that the clinical program should be an optional and credited
course for the 3rd and 4th year undergraduate students. This has been
the goal of the clinical program from the second year of its establishment
and remains in the process till now. The Clinic aims to continue the
program and reach the goal of full integration.
However, the difficulties are evident: As the initiative of setting
up the program was financially supported by the Soros Foundation and
COLPI, both organizations active in legal and judicial reform processes
in the countries of Eastern and Central Europe for the last 8 years,
the continuity of the work of the clinic for all these years was ensured.
However, this initiative is coming to an end and the issue of sustainability
of the clinic risks to become a serious one. To this end, the clinic
aims to seek financial assistance from other donors in order to guarantee
continuity of the legal clinical program and ultimately become sustainable
and thus fully integrated into the Faculty of Law at Yerevan State
University.
VARTKES YEGHIAYAN IN TORONTO
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It was a whirlwind tour de force for Vartkes Yeghiayan, fresh from
speaking to three law schools in Los Angeles in one week; he flew into
Toronto to speak at another law school on Saturday, March 16, 2002.
He captivated an audience of standing-room only capacity at the University
of Toronto Law School, by recounting how he first came upon the idea
of commencing a class action lawsuit against New York Life Insurance
Co. while reading a biography of former US Ambassador Henry Morgenthau
Jr.
Many members of the Armenian Bar Association have had the benefit of
hearing first hand Vartkes' fine oratory, as well as being given regular
updates of the status of the New York Life Insurance case at our annual
meetings. This was the first time he had spoken in Canada and the reaction
of the audience, most of whom were non-lawyers, was overwhelmingly
positive, even emotional at times. None had ever heard the details
of the case, and it became evident that many would like to see Vartkes
come toToronto again to speak to a wider audience on this topic. The
event was hosted by the Armenian Bar Association and coordinated by
its local Canadian liaison, Vasken Khabayan.
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