Daily Update - Tuesday, May 23

What Happened Today at the Annual Meeting - Tuesday Edition

Today’s Meeting began with the presentation of reports and business, and included the nomination of new Council members, each approved by the membership. Immediate Past President of the International Bar Association, David W. Rivkin of Debevoise & Plimpton, reflected on lessons learned during his time as IBA president, highlighting the IBA’s dedication to justice and the rule of law, and the importance for lawyers to fight against corruption.

The first project session of the day was Liability Insurance. Council Member Gary L. Sasso joined Reporter Tom Baker and Associate Reporter Kyle D. Logue on the dais, where they presented the Proposed Final Draft. New sections presented for approval include §§ 36, 42-44, and all of Chapter 4.

Actions Taken*

After a thought-provoking discussion, membership voted to approve the new Sections that were discussed today as well as revised Sections 13 and 24, and the Reporters agreed that another year of work would include Advisers and MCG meetings in the fall, approval of a new Council Draft, and a Proposed Final Draft to be presented at the 2018 Annual Meeting.

This year, the Henry J. Friendly Medal was presented to Conrad K. Harper by Judge D. Brock Hornby. During his presentation of the medal, Judge Hornby described Mr. Harper as “a great American lawyer, a New York lawyer, in the tradition of Judge Henry Friendly.”

“My time as a member of the Institute overlapped with the great Henry Friendly,” said Mr. Harper upon accepting the award. “Now, thanks to you, I have another unanticipated and gratefully accepted connection to his memory and achievement. Thank you.”

The Meeting continued with the Consumer Contracts project session. Reporters Omri Ben-Shahar and Florencia Marotta-Wurgler, who were joined on the dais by Council member Carol F. Lee, presented a Discussion Draft to membership. This draft contains all nine Sections of the project. There were no votes taken during this session.

Sexual Assault was the last project session on Tuesday. Reporter Stephen J. Schulhofer and Associate Reporter Erin E. Murphy were joined by Council member Lee H. Rosenthal on the dais. Tentative Draft No. 3 includes Section 213.0(1)-(2), Definitions; Section 213.1, Forcible Rape; and Section 213.4, Sexual Penetration or Oral Sex Without Consent.

Actions Taken*

The definitions of “Sexual Penetration” and “Oral Sex” were discussed and approved as presented in the draft after a motion on each definition was presented from the floor and did not pass. There was discussion on 213.1, but there was not enough time for all motions on this section to be considered. The following are details of the actions taken at the Meeting:

  • A motion to add “purposeful” to Section 213.0(1) failed.
  • A motion to replace “touching” in Section 213.0(2) failed.
  • A motion to move the mens rea from the end to the beginning of Section 213.1 was accepted by the Reporters as a friendly amendment.
  • A motion to remove “recklessly” from Section 213.1 passed.
  • As previously announced, the session had to stop for the Annual Dinner.
  • A Boskey motion to approve Sections 213.0(1) and 213.0(2) passed. 
  • Section 213.1 will be reviewed at future meetings.  


*All approvals by membership at the Annual Meeting are subject to the discussion at the Meeting and usual editorial prerogative.