Hurricane luck follows the Ukrainian American Bar Association's annual meeting (10/23/05)

Hurricane luck follows the Ukrainian American Bar Association's annual meeting

by Bohdanna Pochoday-Stelmach and Nancy E. Medwid

SOUTH BEACH, Fla. - Although Ukrainian American Bar Association (UABA) attorneys are used to constant court adjournments, this year's annual meeting of the UABA required some quick thinking and last-minute changes. The viability of holding their 28th annual meeting in New Orleans on September 15-18 was placed in serious doubt when, at the end of August, television news programs began airing the devastating effects of Hurricane Katrina on New Orleans.

When it became apparent that the Loews New Orleans Hotel venue would be a physical impossibility, the UABA board and officers nonetheless chose to proceed with their annual meeting during the same time-frame as planned. However, instead of the Loews New Orleans Hotel, the meeting would take place at the Loews Miami Beach Hotel in South Beach, Fla.

Notably, this hotel was the venue for the UABA annual meeting in September 2004. That year, due to Hurricane Jeanne, the UABA attorneys and the professionals of the Ukrainian Medical Association of North America (who held a concurrent conference) were forced to evacuate to safer ground before being given the opportunity to conclude their meetings.

Although some believed that "UABA hurricane luck" would strike in South Beach again, left with the only alternative hotel offered by Loews, and the desire to accommodate the attending attorneys' and speakers' pre-arranged schedules, the UABA board and officers chose to take the risk and venture back to Florida. Luckily, Hurricane Ophelia went further north, while Hurricane Rita was just starting to brew to the east.

2005 annual meeting

The UABA's 2005 annual meeting at South Beach attracted a smaller group of participants, but it was attended by a considerable delegation from Ukraine that included notable judges, attorneys from Ukrinurkoleguia and other practicing jurists.

The annual meeting began on Thursday evening, September 15, with a cocktail reception at the Loews Hotel. For most, it ended with a night out on the sizzling town of South Beach.

On the following day, the official meeting began with opening remarks from UABA President Andrew Steckiw. UABA Secretary and UABA Scholarship Committee chair Roman Badiak reported on the current status of the UABA Scholarship Fund and its activities, and provided an update about UABA membership.

Thereafter, lectures on a wide range of practical and complex legal topics were given by a variety of guest speakers from the U.S. and Ukraine. In addition, to learning from the lectures, socializing and networking, U.S. attorneys participating in this conference were able to apply for continuing legal education credits (which many states require of the members of the bar).

Mr. Badiak of Badiak, Will & Rudy, LLP, regaled his audience with sea stories and tales of exploits in his practice of maritime law. He was followed by John Kurey, president of the Ukrainian Catholic Education Foundation, who spoke about charitable giving, estate planning and tax-saving techniques. He noted that with well-thought-out charitable giving and estate planning, an individual can save a considerable amount in taxes.

UABA Chairman Andrew Pidgirsky of Adam & Reese, LLP, spoke about the latest on mergers and acquisitions, in particular, "public shell" and reverse mergers in the current regulatory market.

Eugene Korniychuk, founding partner of Magister & Partners, Kyiv, former counsel to the Ukrainian Consulate in New York and a former recipient of a UABA scholarships, gave a comparative lecture on hostile takeovers in Ukraine.

Despite a beautiful Saturday morning and the temptation to frolic in the sun and water, the attendees continued with an all-day conference.

The morning panel discussion included Bohdan A. Futey, U.S. Court of Federal Claims, and Ihor Samsin, Supreme Court of Ukraine, Civil Division, discussing the election laws in Ukraine, and providing their personal on-site observations of the 2004 presidential election in Ukraine. Justice Samsin was one of the Ukrainian Supreme Court justices who rendered the historic unanimous decision annulling the results of the initial run-off election and rendering decisions that affected legislation and post-election conduct in Ukraine.

Other Saturday speakers included Ihor Kotlarchuk, professor, former senior trial attorney with the U.S. Department of Justice and former president of The Washington Group, who spoke on the topic of homeland security and anti-terrorism legislation. He opined that the government's untimely response in Louisiana was "criminal," given that laws allow for the military to enter the state, even without an express invitation from the governor.

The afternoon speakers included several jurists from Ukraine. A highly complex area of law was discussed by Armen Khachaturyan, partner of Shevchenko, Didkovskiy & Partners, Kyiv. He spoke at length about international investment instruments for Ukrainian capital markets.

Another Ukrainian colleague, Olga Korobko of Ukriniurkoleguia, Kyiv, addressed inheritance relations with regard to the new Civil Code of Ukraine. Oleksander Malynovskyy, advisor to the president of Ukriniurkoleguia, Kyiv, spoke about jurisdictional immunities in Ukraine in foreign commerce transactions where state authorities and state enterprises were involved.

Due to the unavailability of UABA Treasurer George Pazuniak of Connolly, Bove, Lodge & Hutz, his technical assistant, Petro Pankov, spoke about the intellectual property issues addressed in the recent Supreme Court decision in MGM vs. Grokster, Interface. (Conference materials are available on the UABA's website at www.uaba.org.)

On Saturday evening, the election of new officers and board of governors was held, with the following elected for the 2005-2007: Andrew Pidgirsky, president; Nancy Medwid, vice-president; Peter Piddoubny, secretary/treasurer; Andrew Steckiw, chairman of the board of governors; Bohdanna Pochoday-Stelmach, George Pazuniak, Terrence J. Filewych, Andrew J. Haliw, Taras G. Szmagala, Jr. and Ihor Kotlarchuk, board members.

In addition to the preceding positions, Mr. Badiak will maintain his duties with the UABA Scholarship Committee, while Valentyna Scherbey will serve as liaison with young lawyers, and Ivanna Bilych as a law student representative. Furthermore, an advisory board to the UABA, consisting of Danylo Kurdelchuk, a president of Ukrinurkoleguia, and Eugene Korniychuk, a senior partner of Magister & Partners, and Mr. Khachaturyan, partner of Shevchenko, Didkovskiy & Partners, Kyiv, was approved.

After the elections, the attorneys and their guests sat down to a banquet dinner at the Loews Hotel. The keynote speaker, Dr. Taras Kuzio, author and professor at the Elliott School of International Affairs, George Washington University, gave an Internet photo presentation about the Orange Revolution and the presidential race in Ukraine.

The official conference concluded on Sunday morning with a meeting of the newly elected officers and board of governors, where plans for UABA projects and next year's conference were discussed.

Despite the naysayers' concerns about the hurricanes, the absentees, and the last-minute change of venue from New Orleans to South Beach, Fla., the annual meeting of the UABA proved to be a success and was most enjoyable.

UABA founded in 1977

The UABA, which was formed in 1977 in Cleveland, has held its conferences throughout the United States, Canada and Ukraine. It is a founding member of the World Congress of Ukrainian Jurists headquartered in Ukraine, which holds biannual conferences. In September 1991, a large group of UABA members traveled to Ukraine to meet with Ukrainian jurists and "Ukrainian bar associations," shortly after the August 1991 putsch that eventually led to the independence of Ukraine.

Over the last decade, many UABA members provided legal advice and assistance to Ukraine to help create the rule of law and a democratic legal system in Ukraine. Its assistance included drafting proposed legislation, including changes to the Constitution, conducting legal workshops and educational exchanges, and maintaining an ongoing working relationship with Ukraine's ministers, deputies, practicing attorneys, judges and legal bar associations.

In prior years, members of the UABA were involved in defending dissidents and raising human rights violations in Ukraine, providing assistance in the case of Myroslav Medvid, the Ukrainian sailor who jumped ship in Louisiana, establishing an immigration hotline for Ukrainians, assisting in the defense of John Demjanjuk, litigating the case against CBS's "60 Minutes" relating to the distorted news segment "The Ugly Face of Freedom," and other matters.

Through the UABA Scholarship Fund, the UABA was able to assist several Ukrainian law graduates in continuing their legal studies in the United States. With their newly acquired knowledge they would return to assist Ukraine in its democratic, legal growth.

Today, many UABA members are community activists and provide legal assistance to various Ukrainian organizations on an individual basis. More recently, the UABA has established a program to assist Ukrainian American law students in their career goals. The board of governors is looking into other ways the UABA can be meaningful to the Ukrainian community.

* * *

Any U.S. attorney or law student of Ukrainian descent wishing to become a UABA member, or any Ukrainian jurist or U.S. law student wishing to be considered for a UABA scholarship is directed to the website at www.uaba.org. Interested persons may also contact the officers and board of governors listed on the website for additional information.

Bohdanna Pochoday-Stelmach is past president of the UABA and current member of the board of governors, and Nancy E. Medwid is UABA vice-president.

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