New York
Sui Generis 
Your online source for commentary on recent decisions and issues of interest to New York civil litigators and criminal defense attorneys in the Fourth Department and beyond.
Post Frequency: 1.7/day Last Entry: November 16, 2009 at 11:30:52 Recent Entries: 551
By Nicole Black, Esq.
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Is cloud computing really less secure than the status quo?
Posted on November 16, 2009This week's Daily Record column is entitled "Is cloud computing really less secure than the status quo?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. *****Is cloud computing really less secure than the status quo? Cloud computing, defined at Webopedia...
Does Cloud Computing Compromise Clients?
Posted on November 09, 2009This week's Daily Record column is entitled "Does cloud computing compromise clients?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Does cloud computing compromise clients? I predict that within about two to three years, lawyers in most jurisdictions will communicate and collaborate with clients using some type of an encrypted network...
Tricks for efficient online interaction
Posted on November 02, 2009This week's Daily Record column is entitled "Tricks for efficient online interaction" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Tricks for efficient online interaction Many lawyers understand the importance of networking, but let?s face it ? running a law practice takes time and no one ever seems to have enough of it...
Real-time Web a Game Changer
Posted on October 27, 2009This week's Daily Record column is entitled "Real-time Web a Game Changer." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Real-time Web a Game ChangerYou?ll have to forgive me for having online technologies, including social media, on my mind a lot lately...
Who are you, Nicole Black (aka @nikiblack), and what do you do?
Posted on October 25, 2009Some of you may wonder just that--who is Nicole Black? However, more likely than not, most of you probably don't care. I realize that--and answering that question really isn't my goal here, so please excuse what appears to be extreme navel gazing. The primary purpose of this post is to clarify, for search engine purposes, who I am, what I do and why...
Law Schools Failing Their Clientele
Posted on October 20, 2009This week's Daily Record column is entitled "Law schools failing their clientele." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Law schools failing their clientele Law schools need an attitude adjustment...
Still more social media for lawyers: Participate!
Posted on October 06, 2009This week's Daily Record column is entitled "Still more social media for lawyers: Participate!" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Still more social media for lawyers: Participate! My thoughts continue to be focused on social media because of two upcoming speaking engagements on lawyers and social media...
Creating an effective online presence for lawyers, Part 2
Posted on September 29, 2009This week's Daily Record column is entitled "Creating an effective online presence for lawyers, Part 2." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Creating an effective online presence for lawyers, Part 2 Last week I spoke at an Incisive Media conference in New York City, ?Social Media Risks and Rewards...
I'll be in New York City on 10/8
Posted on September 28, 2009On Thursday, October 8th, 2009 I'm going to be speaking at the "Social Media for Lawyers I" conference which is being held at New York Law School from 8-11 a.m. I'm also arranging a meetup that evening at 7--see below for details. This conference offers a unique and highly targeted look at social media...
Creating an Effective Online Presence for Lawyers, Part 1
Posted on September 23, 2009This week's Daily Record column is entitled "Creating an effective online presence for lawyers, Part 1." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** I?m going to be speaking about lawyers and social media at a number of conferences over the next few months in Rochester, New York City and Los Angeles...
Live and Let Live.
Posted on September 15, 2009This week's Daily Record column is entitled "Live and let live." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Live and let live ?You can checkout any time you like, But you can never leave!? ?FROM HOTEL CALIFORNIA BY THE EAGLES For the most part, lawyers are not a happy bunch...
lawtechTalk Episode #5-Cloud Computing and Your Law Practice
Posted on September 11, 2009The fifth episode of lawtechTalk is now available. This presentation will focus on three different types of online legal technologies. In it I'll discuss the concept of "cloud computing" and explore the main features of each to help you figure out which will best meet your law firm's needs...
Brief hiatus
Posted on September 07, 2009I'll be taking a hiatus for the next week while I catch up now that the kids are heading back to school. See you next week!
Promote Legal Conferences With Social Media
Posted on September 01, 2009This week's Daily Record column is entitled "Promote Legal Conferences With Social Media." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Promote Legal Conferences With Social Media Attendance has been down this year for many legal conferences, in large part due to budget cuts at law firms due to the economic recession...
The New York Legal News Round Up
Posted on August 26, 2009It's time for the round up of New York law-related news headlines: End eminent domain abuse: N.Y.'s highest court should rule against Bruce Ratner (NY Daily News) The model, the blogger and the Web giant (The Globe and Mail) The "Analyzer" pleads guilty in New York (The Jerusalem Post) One Tree Hill Actor Pleaded Guilty in federal court (WECT) Refusing to Grant Standing, Judge Rebuffs Challenge to Overseas Wiretapping Law (Law...
Should Lawyers Be Wary of Cloud Computing and SaaS?
Posted on August 25, 2009This week's Daily Record column is entitled "Should Lawyers Be Wary of Saas?." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Should Lawyers Be Wary of SaaS? Online services for lawyers are becoming increasingly common and, for many lawyers, are an attractive alternative to the traditional law practice management software installed and maintained on a local server within a law office...
Getting a Common Law Marriage Recognized in New York
Posted on August 24, 2009Today's Monday guest blog post is from the blog, The Elliot Schlissel New York Law Blog, associated with the The Law Office of Elliot S. Schlissel, a multi-service firm committed to client-focused, cost-effective legal services in the Five Boroughs of New York City, If you would like me to consider featuring a recently published New York substantive law post from your blog, please drop me an email at nblack at nicoleblackesq dot com, and include a link to the post and a very brief description of your practice and blog for me to include with the post...
NYC Social Media Conference for Lawyers 9/21
Posted on August 22, 2009On September 21, 2009, in New York City I will be a speaker at Social Media: Risks & Rewards. This comprehensive, dynamic event will explore the inherent challenges of social media and will arm you with the specific tools necessary to protect your company, your intellectual property and your reputation in today?s virtual world...
Lawyers: Lighten Up!
Posted on August 18, 2009This week's Daily Record column is entitled "5 responses to technology." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Lawyers: Lighten Up! Right now, I?m reading an excellent book by John Medina that explains how the brain best processes information, ?Brain Rules: 12 Principles for Surviving and Thriving at Work, Home and School...
As testing companies come under scrutiny, City can't keep up
Posted on August 17, 2009Today's Monday guest blog post is from the blog, The New York Personal Injury Lawyer Blog, associated with the Perecman Firm PLLC. The firm's practice areas include construction accidents, worker's compensation, premises accidents, medical malpractice, automobile accidents and other New York personal injury cases...
5 Responses to Technology
Posted on August 12, 2009This week's Daily Record column is entitled "5 responses to technology." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ----- 5 Responses to Technology It should come as no surprise to regular readers of my column that I?ve long been dismayed and downright mortified at my profession?s collective refusal to accept and incorporate emerging technologies into the practice of law...
The New York Legal Blog Round Up
Posted on August 10, 2009It's the weekly round up of posts from my fellow New York law bloggers. I will also occasionally feature a post from another New York law blog each Monday. To that end, if you would like me to consider featuring a recently published New York substantive law post from your blog, please drop me an email at nblack at nicoleblackesq dot com, and include a link to the post and a very brief description of your practice and blog for me to include with the post...
The New York Legal News Round Up
Posted on August 06, 2009Up next, the round up of New York law-related news headlines from the past week: Annie Leibovitz faces court claim for $24m (guardian.co.uk) Filipino Health Workers Lose Bias Suit (New America Media) Gotti pleads not guilty to new charges (9msn) Prominent Attorney Charged With Witness Tampering Faces Heated Cross-Examination (NY Law Journal) New York Judge Dismisses Claim Negligent Construction Contributed To WTC 7 Collapse (PrisonPlanet)
Fight the Power, But Time Your Battles Wisely
Posted on August 04, 2009This week's Daily Record column is entitled "Fight the Power, But Time Your Battles Wisely." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Fight the Power, But Time Your Battles Wisely Police officers are only human, just as infallible as the rest of us...
The (truncated) New York Blawg Round Up
Posted on August 03, 2009As a result of feedback from my readers, I won't abandon the NY blawg round up altogether, but instead will occasionally be posting shorter round ups to posts from my fellow New York law bloggers. I will also occasionally feature a post from another New York law blog each Monday...
Using online tools to prep a legal case
Posted on August 03, 2009The fourth episode of lawtechTalk is now available. This screencast (a recording of computer screen output along with video of me discussing what is seen) will focus on using online tools to assist you with brain storming and organizing your thoughts for all aspects of a case, from drafting a complaint to preparing for trial...
The New York Legal News Round Up
Posted on July 29, 2009It's time for the weekly round up of interesting New York law-related news headlines (or, in the case of AP stories, paraphrased headlines): Cuomo orders fake guns off shelves (WXXI.com) NY judge rules that terror defendant competent for trial (Mercurynews...
Judging the Judges, Gender and the Law
Posted on July 28, 2009This week's Daily Record column is entitled "Judging the judges, gender and the law." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Over the last week, Judge Sonia Sotomayor?s confirmation hearings brought issues of gender within the legal profession to the forefront of discussion once again, and I?ve been giving the issues a great deal of thought...
Second Circuit: Claim Barred by Statute of Limitations in State Court Can be Brought in Federal Court
Posted on July 27, 2009The very first Monday guest blog post is from the blog, Full Court Pass, which focuses on New York law and the United States Supreme Court. The blog is authored by Norman Olch, whose practice is centered on state and federal appeals in civil and criminal cases...
Invitation to New York law bloggers
Posted on July 27, 2009I've decided to change the format of the Monday posts. My primary goal in rounding up posts has always been to call attention to other New York law blogs, while providing my readers with useful information. To that end, I've decided that instead of rounding up recent posts from New York law bloggers, I will be featuring a post from another New York law blog each Monday...
The New York Legal News Round Up
Posted on July 22, 2009It's time once again for the weekly round up of New York law-related news headlines: NY judge awards wrongly imprisoned woman $250,000 (Newsday.com) Personal Jurisdiction Caught in a Web (Law.com) NY judge reinstates Rather fraud claim against CBS (Reuters) Judge Allowed to Sue N...
Blackberry Apps for Lawyers
Posted on July 21, 2009This week's Daily Record column is entitled "Blackberry Apps for Lawyers." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** After reading last week?s article about iPhone apps for lawyers, a regular reader e-mailed me to request a similar article for Blackberry owners...
Getting Things Done Productivity System-The Weekly Review
Posted on July 17, 2009Today, I bring you a guest post from my good friend, Larry Port, Founding Partner and Chief Software Architect for Rocket Matter, LLC (www.rocketmatter.com), a web-based law practice management system. You can follow him on Twitter here: (www.twitter...
The New York Legal News Round Up
Posted on July 13, 2009Switching things up this week and rounding up the latest New York law-related news headlines: NY to use hate crime law in transgender case (AP) New York Court Vacates Restraining Order for Lt. Governor (AP) Madoff will not appeal 150-year sentence: lawyer (Reuters) NY counties plan to appeal Indian cigarette ruling (AP) 2nd Circuit Upholds N...
Start a blog--get a job
Posted on July 13, 2009I'm proud to announce that I'm now a contributing blogger at one of my favorite law blogs, Lawyerist. My first post, "Start a blog-get a job," explains how blogging can help attorneys who were recently recently laid off, are new graduates, or are returning to the law after a planned hiatus, get a job...
Practicing law: There's an iPhone app for that
Posted on July 13, 2009This week's Daily Record column is entitled "Practicing law: There's an iPhone app for that." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Practicing law: There's an iPhone app for that In June, the latest iPhone, the 3GS, was released...
iPhone apps for lawyers
Posted on July 13, 2009This week's Daily Record column is entitled "Practicing law: There's an iPhone app for that." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Practicing law: There's an iPhone app for that In June, the latest iPhone, the 3GS, was released...
A Supremely Surprising Case From the Start
Posted on July 07, 2009This week's Daily Record column is entitled "Five Things Lawyers Should Know About Social Media." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** If you ask the average citizen whether a junior high school student should be subjected to a strip search by school administrators based on the suspicion that she possessed ibuprofen, I?m fairly confident the vast majority of people would reply with a resounding ?No?...
The New York Legal Blog Round Up
Posted on July 06, 2009It's time for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: "For the Mutual Benefit" Language of Commercial Lease Found to Trigger Blanket Additional Insured Coverage in Favor of Landlord Full Court Pass: Appellate Division Adopts "Single Employer Doctrine" for Human Rights Law Juz the Fax: No Mandatory Overtime For Nurses In New York New York Criminal Defense: New York Law as a Source of Rights Rochester Family Lawyer: Pendente Lite Motions And Available Relief Wait a Second!: Mundane case interpreting the 21st Amendment with interesting concurrence
The New York Legal News Round Up
Posted on July 02, 2009It's time for the weekly round up of New York law-related news headlines: State?s Top Court Will Hear Appeal Against Atlantic Yards (NY TImes) Federal Court Tells Out-of-State Wine Stores to Stay Out of New York (Wine Spectator) Former Latham Partner Gets 15 Months in Prison for Defrauding Clients and Firm (NY Law Journal) Man searched 21 times on New York subways settles lawsuit (Boston Herald...
Medicaid 101: Transfer Doesn't Count Until You Make It
Posted on July 01, 2009Grandma owned savings bonds, and named Mom or one of the kids as the joint owner. In 2001, Grandma handed the bonds over to Mom for safekeeping. However, the bonds weren't cashed in until 2005. In addition, when the bonds were cashed in, the proceeds were deposited in a joint bank account in the names of Mom and Grandma...
Five Things Lawyers Should Know About Social Media
Posted on June 30, 2009This week's Daily Record column is entitled "Five Things Lawyers Should Know About Social Media." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** ?[S]ocial media is a shift in how people discover, read and share news, information and content...
NYC Panel on Corporate Fraud
Posted on June 29, 2009For my NYC readers, there's an interesting (and free) panel that you might be interested in attending on July 16, 2009 from 8:30-9 at Eisner LLP, 750 Third Avenue Between 46th and 47th Streets: Tracking Fraud: Trends & Innovations 2009 This panel will discuss the latest trends and developments in fighting fraud on and incorporate and enterprise level...
The Court of Appeals "gets it" when it comes to technology
Posted on June 24, 2009This week's Daily Record column is entitled "The Court of Appeals "gets it" when it comes to technology." A pdf of the article can be found and my past Daily Record articles can be accessed here. ***** It is indisputable that technology is changing the world and the practice of law...
The New York Legal Blog Round Up
Posted on June 22, 2009It's Monday and time for the weekly round up of posts from my fellow New York law bloggers: Art Law: Catcher in the Rye (Alleged) Sequel Temporarily Enjoined From Being Publishing In The United States Juz The Fax: A "Preposterous" Case Of Worker Misclassification New York Public Personnel Law: Under certain circumstances, a municipality may modify or discontinue providing health insurance benefits to retirees Rochester Family Lawyer: What Is Required to Obtain Divorce On Constructive Abandonment Grounds in New York The Sienko Law Office Blog: New York State Bar Association Approves Comprehensive Plan to Help Solo and Small Firm Practitioners...
New York Legal News Round Up
Posted on June 17, 2009It's Wednesday and time for the weekly round up of New York law-related new headlines: NY judge tosses Senate case back to lawmakers (AP) New York court hears J.D. Salinger's suit over spinoff book (AP) Lawyer?s Faxes Didn?t Violate Law, NY High Court Says (ABA Journal) Lawyer cites 9/11 stress in cop's school gun case (Times Union) Unemployed and Struggling NY Lawyers Seek Solace (New York Times) (This is a content summary only...
Curfew Fails Abused Children
Posted on June 16, 2009This week's Daily Record column is entitled "Curfew Fails Abused Children." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** The Rochester youth curfew was defeated once again last week when the New York State Court of Appeals issued its decision in Jiovon Anonymous v...
New Blog
Posted on June 15, 2009If you're a foodie, check out my newest blog, The Epicurean Esquire. Thanks! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog.typepad...
The New York Legal Blog Round Up
Posted on June 15, 2009It's time for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Matrimonial Legal Malpractice, Fees and Summary Judgment New York Criminal Defense Blog: Court of Appeals Allows Admission of Identification Evidence Which is Product of Suggestive Procedures Not Conducted by Police Conflicts Require Corrective Action, Not Just A Wink New York Legal Update: Assumption of Risk Does Not Apply To Road Cyclist New York Personal Injury Law Blog: NY Ct...
Define That Term #323
Posted on June 14, 2009Last week's term was reading on, which is defined as: In patent law, describing literally. A patent is infringed if the patent's claims read on all elements of the infringing device. No one guessed this time around. This week's term is: rule of doubt...
Free Screencast- "Web-based Law Practice Management Systems"
Posted on June 10, 2009For a limited time, the 3rd episode of lawtechTalk, "Web-based law practice management systems" can be viewed for FREE. This screencast (a recording of computer screen output along with video of me discussing what is seen) will focus on three web-based law practice management systems...
Lawyers Need to Get a Life
Posted on June 09, 2009This week's Daily Record column is entitled "Lawyers Need to Get a Life." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Lawyers Need to Get a Life Last week I attended the ?Get a Life? conference in Chicago...
The New York Legal Blog Round Up
Posted on June 08, 2009It's time, once again, for the round up of my fellow New York law bloggers' interesting posts from the past week: Coverage Counsel: New York Court of Appeals Rules that Co-Occupants of Car May Not Reduce the Liability Limits of Offending Vehicle By Payments to Other Co-Occupants to Trigger SUM Coverage New York Criminal Defense Blog: Photo Arrays and CPL 710...
Define That Term #321
Posted on June 07, 2009The most recent term was dynamite charge, which is defined as: An judge?s admonition to a deadlocked jury to go back to the jury room and try harder to reach a verdict. The judge might remind the jurors to respectfully consider the opinions of others and will often assure them that if the case has to be tried again, another jury won?t necessarily do a better job than they?re doing...
The New York Legal News Round Up
Posted on June 04, 2009It's time for the round up of New York law-related news headlines from the past week: New York Appellate Court Affirms Long-Delayed Pay Hike for Judges (Am Law Litigation Daily) Judge: Police may use stun gun to get DNA (UPI.com) 2nd Circuit Again Rebukes Judge Over Sentence in International Drug Case (Law...
Lawyers-Get a Life!
Posted on June 02, 2009Last week I attended the "Get a Life" conference in Chicago. The goal of the conference was to help attorneys discover how to "run your practice without running yourself into the ground."It was a great conference-really interesting and knowledgeable speakers, relevant and timely topics, great people, delicious food and good times...
The New York Legal Blog Round Up
Posted on June 01, 2009It's time for the weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel: Tender Letter from One Coinsurer to Another Coinsurer on Behalf of Mutual Insureds Held to Trigger the Timely Disclaimer Requirement of New York Insurance Law § 3420(d) New York Injury Cases Blog: Finger Amputation Cases - Pain and Suffering Awards Range from $85,000 to $2,000,000 New York Public Personnel Law: Selection of one of available alternative remedies provided by the State?s Human Right Law bars recourse to the other Rochester Bankruptcy and Debt Relief: Workers Compensation and Chapter 7 Bankruptcy The...
Posting update
Posted on May 26, 2009Posting will be sporadic this week since I am at the Get a Life conference in Chicago. Regular posting will resume this weekend. (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog...
The New York Legal News Round Up
Posted on May 21, 2009Here's the round up of interesting New York law-related news headlines from the past week: NY Bill Would Extend Shield Law to Cover Bloggers (NY Times) Big N.Y. medical malpractice insurer is bust (Business Insurance) NY sued over bottle bill (BizJournals) 4 NYC hotels settle disabilities lawsuit (AP) Rochester Worker Awarded $80K in EEOC Suit Against Delphi (13WHAM) (This is a content summary only...
In New York, Privacy Trumps Technology
Posted on May 19, 2009This week's Daily Record column is entitled "In New York, Privacy Trumps Technology." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Last week the New York Court of Appeals handed down its decision in People v...
The New York Legal Blog Round Up
Posted on May 18, 2009It's time, once again, for the weekly round up of posts from my fellow New York law bloggers: New York Court Watcher: Court of Appeals: 4-3 Majority Holds GPS Surveillance Requires Warrant Supported By Probable Cause New York Federal Criminal Practice: Distinguishing Between Fact and Purpose of Concealment, Second Circuit Reverses Money Laundering Convictions New York Personal Injury Law Blog: Judge Sotomayor and the First Amendment (And the Pending Case) New York Public Personnel Law: An attorney?s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exception Rochester Family Lawyer: Overpayment of Pendente...
Define That Term #320
Posted on May 17, 2009Last week's term was utility patent, which is defined as: A patent issued for inventions that perform useful functions. Most inventions fall into this category. A utility patent lasts for 20 years from the patent application's filing date. No one guessed this time around...
The New York Legal News Round Up
Posted on May 13, 2009It's time for the round up of New York law-related headlines from the past week: Law firm's client files found in trash (UPI) Gay marriage passes first vote in New York state (Reuters) NY judge wants to know why suspect was 'Tasered' for DNA sample (AP) NY court: Police need warrants for GPS trackers (Newsday) Ex-New York State health commissioner Antonia Novello charged with defrauding government (Daily News) Spying Charges Dropped Against New York Doctor (CBS) (This is a content summary only...
Law Practice Management in the Cloud
Posted on May 12, 2009This week's Daily Record column is entitled "Law Practice Management in the Cloud." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Software as a service (SaaS) is defined at Oracle.com as ?[a] software delivery model in which a software firm provides daily technical operation, maintenance, and support for the software provided to their client...
The New York Legal Blog Round Up
Posted on May 11, 2009It's time for another round up of interesting posts from my fellow New York law bloggers: Coverage Counsel: Policy for Dominos Pizza Deliveryman's Personal Auto is Primary Juz the Fax: NYSDOL Allows Limited Use Of "4/10" Work Schedule Long Island Bankruptcy Blog: New York Commences Nationwide Investigation Into Debt Settlement Industry ? Many Offers to Eliminate Credit Card Debt are False and Misleading Rochester Family Lawyer: Economic Support and Equitable Distribution The Elliot Schlissel New York Law Blog: Do the Police Need a Warrant to Attach a GPS Tracking Device to Your Car? (This is a content summary only...
Who's Joining Me at the "Get A Life" Conference?
Posted on May 06, 2009UPDATE: New pricing announced! VIP Package: $750 - Includes Get A Life.? Conference, Cocktail Hour at Millenium Park Grill, Presidents' Dinner, Wrigley Rooftop Cubs Game, FREE 1 Year Membership to Total Practice Management Association, Materials CD, Access to Conference Online Videos Standard Conference & Wrigley Rooftop Package: $600 - Includes Get A Life...
The New York Legal News Round Up
Posted on May 06, 2009It's Wednesday and time for the weekly round up of New York law-related headlines: New York court says golfers aren't required to yell 'fore!' (AP) Welcome idea from the chief judge: studying wrongful convictions (Newsday) Ozzy Osborne's Ex-Doctor Loses Defamation Claim (CN) Yanks urge judge to quash subpoena (MLB...
Who's Joining Me at the "Get A Life" Conference-May 27-28th?
Posted on May 06, 2009UPDATE: New pricing announced! VIP Package: $750 - Includes Get A Life.? Conference, Cocktail Hour at Millenium Park Grill, Presidents' Dinner, Wrigley Rooftop Cubs Game, FREE 1 Year Membership to Total Practice Management Association, Materials CD, Access to Conference Online Videos Standard Conference & Wrigley Rooftop Package: $600 - Includes Get A Life...
Save Time and Money: Use Technology Wisely
Posted on May 05, 2009This week's Daily Record column is entitled "Save Time and Money: Use Technology Wisely." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Save Time and Money: Use Technology Wisely Whenever I evangelize the importance of keeping up with technological changes, the most common response I hear from other lawyers is that they don?t have enough time to sort through the ever-increasing number of choices available to them...
The New York Legal Blog Round Up
Posted on May 04, 2009It's time once again for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Should Liability Insurers Investigate Coverage Issues in New York? New York Criminal Defense: What is the Remedy When a Prosecutor Insists a Defendant Wear Jail Garb When Testifying Before a Grand Jury? Counsel Must Be Very Specific In Denying Police Allegations New York Injury Cases Blog: Newest Ruling in Golf Course Cases - Plaintiff Hit in Eye by Errant Shot Loses Vision and Case Rochester Family Lawyer: Separated Siblings and Their Right of Visitation Simple Justice: Chief Judge Lippman Forms...
Define That Term #319
Posted on May 03, 2009Last week's term was offensive collateral estoppel, which is defined as: A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn...
lawtechTalk-The "Consumer Reports" for legal technology
Posted on April 30, 2009I've started a new legal technology consulting business, lawtechTalk. lawtechTalk helps you understand valuable Internet and Web 2.0 technologies and how to incorporate them into your law practice to maximize efficiency and save time and money. lawtechTalk brings the most up-to-date information directly to you through speaking engagements, webinars and personal consultations...
New York Legal News Round Up
Posted on April 29, 2009It's the weekly round up of New York law-related news headlines: Lawyer Dreier Will Plead Guilty to All Charges, Attorney Says (Bloomberg) NY court to weigh legality of youth curfew (Newsday) The End of the Rockefeller Era (Gotham Gazette) NY AG Sues National Home Protection Over Warranties (WSJ) Judge Reopens Hearing In Lil Wayne's Gun Possession Trial (Post Chronicle) (This is a content summary only...
A Confounding Victory
Posted on April 28, 2009This week's Daily Record column is entitled "A Confounding Victory." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** A Confounding Victory A rule that gives police the power to conduct such a search whenever an individual is caught committing a traffic offense, when there is no basis for believing evidence of the offense might be found in the vehicle, creates a serious and recurring threat to the privacy of countless individuals...
The New York Legal Blog Round Up
Posted on April 27, 2009It's time for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Prejudice Still Required for Late Notice of SUM Claim Where Timely Notice of Accident Was Given New York Attorney Malpractice Blog: Contingent Fee Retainers, Appellate Work and Legal Malpractice New York Criminal Defense: Single Failure to Object Constituted Ineffective Assistance of Counsel Requiring Reversal Ontario County Conviction Reversed Due to Prosecutorial Misconduct Rochester Family Lawyer: Parental Interference With Visitation and Suspension of Child Support Wait a Second!: Ex-girlfriend can authorize police search of boyfriend's house (This is a content summary only...
Define That Term #318
Posted on April 26, 2009Last week's term was estoppel by silence, which is defined as: A type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage...
The New York Legal News Round Up
Posted on April 22, 2009It's time for the weekly round up of New York law-related news headlines: Judge pressures Yankees to show stadium documents (Newsday) NY Won?t Admit Would-Be Lawyer Due to $430K in Unpaid Student Loans (ABA Journal) Police say mom ordered daughters out, drove off (AP) ("Mom" is a partner in a Manhattan law firm) Pirate Suspect Charged as Adult in New York (New York Times) 2nd Circuit Reverses Reprimand of Dorsey & Whitney (Law...
Actions Speak Louder Than Words
Posted on April 21, 2009This week's Daily Record column is entitled "Actions Speak Louder Than Words." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** I?ve said it before and I?ll say it again: Technological change is occurring at an unprecedented rate and is indisputably changing the way that the business world functions...
Define That Term #317
Posted on April 21, 2009Last week's term was promissory estoppel, which is defined as: promissory estoppel A type of estoppel that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken...
The New York Legal Blog Round Up
Posted on April 20, 2009It's Monday--yet again--and time for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Unqualified Assumption of Additional Insureds' Defense for Two Years Estops Insurer from Seeking Contribution from Co-Insurer New York Federal Criminal Practice: SDNY Judge Addresses Disclosure of Interview Memoranda Prepared by Company's Outside Counsel Rochester Family Lawyer: Divorce, Equitable Distribution and Marital Fault The CPLR Blog: CPLR R...
The New York Legal News Round Up
Posted on April 16, 2009It's the round up of New York law-related news headlines from the past week: New York law firm pays associate $80,000 to do nothing (Daily Finance) Citing Weakness of Anonymous Sourcing, New York Judge Dismisses Securities Class Action (Am Law Litigation Daily) New York Judge Allows Biological Mom to Adopt Own Son (AP) Bar Group Creates Model Code for New York's Administrative Law Judges (Law...
The End of the Profession as we Know It?
Posted on April 14, 2009This week's Daily Record column is entitled "It's Not a Perfect System, But it Works" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** ?It is from clients that we can glean probable trends in the legal market...
The New York Legal Blog Round Up
Posted on April 13, 2009It's the beginning of a new week and time for the weekly round up of posts from my fellow New York legal bloggers: Juz the Fax: NYSDOL Allows Limited Use Of "4/10" Work Schedule New York Court Watcher: Chief Justice Abrahamson Gets Another Term!! -- and other Great Women Chiefs New York Injury Cases Blog: Jury Finds Doctors Did Not Commit Malpractice But New York's Highest Appeals Court Orders New Trial Because Trial Judge Did Not Poll the Jury Rochester Bankruptcy and Debt Relief: Bankruptcy Basics - Domestic Support Obligations The Elliot Schlissel New York Law Blog: Are Non-Modifiable §...
Define That Term #316
Posted on April 12, 2009Last week's term was estoppel in pais, which is defined as: equitable estoppel: A type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position...
The New York Legal News Round Up
Posted on April 08, 2009It's a lovely, snowy Wednesday in April (!), and time for the round up interesting New York law-related news headlines from the past week: One On 1: Judge Judith Kaye Begins Life Again At 70 (NY1) ?Undercover Mother? Motion Denied in Brooklyn (Brooklyn Eagle) State Law to Cap Public Defenders? Caseloads, but Only in the City (NY Times) (so the fact that Monroe County has highest caseload is irrelevant? Apparently only defendants in the City are entitled to PDs who are not overburdened...
It's Not a Perfect System, But it Works
Posted on April 07, 2009This week's Daily Record column is entitled "It's Not a Perfect System, But it Works" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** It's Not a Perfect System, But it Works ?Justice is the tolerable accommodation of the conflicting interests of society, and I don?t believe there is any royal road to attain such accommodation concretely...
The New York Legal Blog Round Up
Posted on April 06, 2009It's the Monday following an awesome ABA TechShow in Chicago--and time for the weekly round up of posts from my fellow New York blawggers: New York Criminal Defense: Assault Charges Listing Multiple Acts Connected By And/Or Language Helds Defective New York Public Personnel Law: School board has broad discretion with respect to initiating disciplinary action against its members or employees of the district Rochester Family Lawyer: Downward Modification of Child Support Second Opinions: Googled...
Define That Term #315
Posted on April 05, 2009Last week's term was specification, which is defined as: In patent law, the narrative portion of a patent application, which includes descriptions of the purpose, structure and operation of the invention, as well as a discussion of any relevant prior art...
New Lawyer Ethics Code Now in Effect in New York
Posted on April 03, 2009A new code of conduct for attorneys went into effect yesterday in New York. Be aware of the changes. This Law.com article summarizes some of the changes. From the article: Differences between the old code and the new rules largely concern the more expansive definitions provided in the new guidelines, according to Krane...
Does technology have to trump privacy rights?
Posted on March 31, 2009This week's Daily Record column is entitled "Does technology have to trump privacy rights?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Privacy advocates in recent years have expressed the concern that privacy is disappearing as people voluntarily disclose all kinds of information ?including their every waking move ? on the Facebook, Twitter and other Internet platforms...
The New York Legal Blog Round Up
Posted on March 30, 2009It's time once again for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Storage of Business Property in Detached Structure Found Not to Constitute Excluded Business Use of Structure New York Criminal Defense: Assault Charges Listing Multiple Acts Connected By And/Or Language Helds Defective New York Federal Criminal Practice: Making Off with Criminal Proceeds: Some Recent Notable Second Circuit and District Court Decisions on Restitution and Forfeiture Rochester Family Lawyer: Recession and Increase in Downward Modifications Petitions The Elliot Schlissel New York Law Blog: Power of Attorney Laws Changing in New York (This is a content summary only...
Define That Term #314
Posted on March 29, 2009The most recent term was jus cogens, which is defined as: Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens...
The New York Legal News Round Up
Posted on March 25, 2009It's the middle of the week and time for the weekly round up of New York law-related news headlines: Ex-NY trooper admits he wrote fake traffic tickets (AP) US sues NY over military, overseas voter access (AP) New York Court Orders Return of $600,000 Book Stolen in WWII (Bloomberg) Top NY court will weigh warrantless GPS use (AP) N...
The New York Legal Blog Round Up
Posted on March 24, 2009Here are some of the latest posts from my fellow New York law bloggers: New York Criminal Defense Blog: Threat of Higher Sentence If Trial Meant That Guilty Plea Was Coerced Don't File A Crawford Motion Unless You Are Certain That There Are No Non-Friviolous Issues Challenging an Expansive Application of the Coconspirator's Exception to the Hearsay Rule New York Federal Practice: In Fairness, Dead Guys Speak: EDNY Judge Issues Some Notable Rulings on Admissibility of Hearsay New York Injury Cases Blog: Another $1,000,000 Unexplained Appeals Court Reduction of a Pain and Suffering Damages Jury Verdict New York Personal Injury...
Technology Strikes--Oblivious Attorneys Stunned
Posted on March 23, 2009FYI--due to time constraints, this week's posts will be out of order. ***** This week's Daily Record column is entitled "Technology Strikes--Oblivious Attorneys Stunned." A pdf of the article can be found here and my past Daily Record articles can be accessed here...
New York Lawyers Networking Online
Posted on March 20, 2009The Daily Record published an interesting article yesterday that quoted a number of Rochester lawyers, including yours truly, who are using online networking to their advantage. The article, "@Lawyers Networking Online" can be viewed in its entirety here...
The New York Legal News Round Up
Posted on March 19, 2009It's time for the weekly round up of New York law-related headlines: AIG May Face Subpoena From New York?s Cuomo on Pay (Bloomberg) New York Judge Says Cuomo May Release Bonus Recipient Identities (Bloomberg) NY man ordered to prison for defrauding Fannie Mae (Reuters) FBI agent in NY accused of tipping off informant (AP) Jury Awards NY Lawyer $567,000 Contingency Fee From Client Who Fired Him Before Settlement (NY Law Journal) (This is a content summary only...
Rethinking What It Means to be a Lawyer
Posted on March 17, 2009This week's Daily Record column is entitled "Rethinking What It Means to be a Lawyer." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Rethinking What It Means to be a Lawyer Lawyer: A person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law...
The New York Legal Blog Round Up
Posted on March 16, 2009It's Monday and time once again for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: First Department Affirms Coverage for Damage from Overflow of Clogged Roof Drain New York Attorney Malpractice Blog: A Most Tangled Web of Legal Malpractice and Real Estate New York Federal Criminal Practice Blog: Second Circuit Issues Notable Decision Limiting the Stacking of Mandatory Minimum Sentences New York Injury Cases Blog: Different Juries Rule on Same Case with Same Injuries - 1st Jury Awards $575,000 for Pain and Suffering, 2nd Jury only $22,000...
$15,000 a Month for Nursing Home Care, and I Don't Even Bat an Eyelash
Posted on March 12, 2009I live in Rochester, New York, and compared to the NYC and Philly suburbs I've previously called home, Rochester is on the less expensive cost-of-living side. Even in Monroe County, though, the monthly Medicaid reimbursement rate (what the government considers the "average" monthly cost of care) is over $8,000...
The New York Legal News Round Up
Posted on March 11, 2009It's the middle of the week and time for the round up of New York law-related news headlines from the past week:Court turns down NYC case against gun industry(AP) Governor Paterson Announces Appellate Division Appointments and Court of Claims Nominations (Media Newswire) 2nd Circuit Clarifies Consecutive Mandatory Minimum Sentencing (New York Law Journal) Judge Doubts Lawyer's Honesty but Opts for Warning, Not Sanction (New York Law Journal) Guilty on all counts in NYC dentist slaying (AP) (This is a content summary only...
The Long and Short of It.
Posted on March 10, 2009This week's Daily Record column is entitled "The long and short of it." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The long and short of itThese days, my hair is long because that?s how I like it...
The New York Legal Blog Round Up
Posted on March 09, 2009It's time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: First Department Holds that Injured Party Did Not Act Diligently in Identifying and Timely Notifying Landlord's Liability Insurer of Accident New York Civil Law: Appellate Division, First Department Decides Case Regarding Emails within Settlement Context New York Injury Cases Blog: Spouse Awarded $1,000,000 for Loss Of Consortium Claim New York Legal Update: Estate Not Entitled to Son's Frozen Sperm New York Personal Injury Law Blog: New York's No-Fault Mess (Do Our Judges Want Doctors To Go To Law School?) Rochester Family Lawyer: Overpayment...
Define That Term #313
Posted on March 08, 2009The most recent term was preference relative, which is defined as:An immigration term, preference relatives means the married children of U.S. citizens, children over 21 of U.S. citizens, the spouses or children of green card holders, and brothers and sisters of U...
New York's New Power of Attorney Law
Posted on March 05, 2009Last week, Governor Paterson signed a bill postponing the effective date of the new Power of Attorney law from March 1, 2009, to September 1, 2009. This is mocked-up version of the new Power of Attorney, as it is laid out in the new law. I know that the reasoning behind many of the expansive changes is to protect our elderly community from being taken advantage of by unscrupulous agents...
Programming Update
Posted on February 25, 2009Posting will be intermittent over the next week as this blogger soaks up the sun in Florida. (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog...
The New York Legal News Round Up
Posted on February 25, 2009It's the middle of the week and time for the weekly round up of interesting New York law-related news headlines: Makowski resigns as State Supreme Court justice (Buffalo News) N.Y. Court Upholds Dismissal of 9/11 Defamation Lawsuit (Law.com) New York judge tosses shoe-hurl claim (Ithaca Journal) An Immigration Attorney Is Accused of Being a Fraud, and His Clients Scramble for Help (NY Times) Family sues NYC police over stun gun death (MSNBC) (This is a content summary only...
The High Cost of Lawyering
Posted on February 24, 2009This week's Daily Record column is entitled "The high cost of lawyering." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The high cost of lawyering?Lawyers who work harder [to make partner, to earn more money], and then tell themselves they don?t have time now for family and friends, are on a very slippery slope...
The New York Legal Blog Round Up
Posted on February 23, 2009It's a cold, cold Monday and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Roy's Rent-A-Car Juz the Fax: NYSDOL Approves Shared Work Program New York Attorney Malpractice Blog:Legal Malpractice in a Labor Law Setting New York Criminal Defense: Important Case on Requirement that Court Inform Defendant of Mandatory Consecutive Nature of Sentence New York Injury Cases Blog: Leg Fracture Verdicts for Pain and Suffering in New York Injury Cases Upheld on Appeal for $1,100,000 and $1,500,000 Second Opinions: Collapse (This is a content summary only...
Define That Term #312
Posted on February 22, 2009The most recent term was Feres Doctrine, which is defined as:A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U...
The New York Legal News Round Up
Posted on February 18, 2009It's time for the weekly round up of New York law-related headlines: Injured NY policeman wins $3.16 million verdict (Lawyers USA) N.Y. High Court: Lawyer Subject to Treble Damages for Attempt to Deceive Court (National Law Journal) Kaye, Ex-Chief Judge in New York, Joins Skadden, Arps(NY Times) UPDATE: Appeals Court Upholds NYC's Calorie Posting Rules (CNN Money) Ex-Atty...
The New York Legal Blog Round Up
Posted on February 17, 2009It's time, once again, for the weekly round up of blog posts from my fellow New York law bloggers:The Buffalo Lawyer: 4th Dep't addresses course of performance Coverage Counsel: Oh, Won't You Stay...Just a Little Bit Longer...Please, Please, Please.....
New York Legal News Round Up
Posted on February 11, 2009It's time for the weekly round up of New York law-related news headlines: Fried, Frank Associate Files Complaint Alleging Anti-Gay Discrimination (AmLawDaily) New York Law Firm Launches 60-Minute Divorce (PR Web) NY Judge: Companies Must Contract For 'Unique' Visitors (MediaPost) Carnival Cruise Company Held Liable for Hundreds of Unwanted Faxes (National Law Journal) Chief Judge Nominee Draws on Administrative Skill (NY Times) (This is a content summary only...
Are Social and Professional Networking Mutually Exclusive?
Posted on February 10, 2009This week's Daily Record column is entitled "Are Social and Professional Networking Mutually Exclusive?" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Are Social and Professional Networking Mutually Exclusive?Last week I attended the LegalTech conference in New York City...
The New York Legal Blog Round Up
Posted on February 09, 2009It's Monday and time for the weekly round up of posts from my fellow New York legal bloggers:Coverage Counsel: Spray Painting Operations and Work Product Exclusions Held Not to Negate Liabilty Coverage for Subrogation Suit New York Criminal Defense Blog: Name That Tune New York Injury Cases Blog: Hip and Pelvis Injuries - Pain and Suffering Verdicts and Settlements Vary Widely in New York New York Public Personnel Law Blog: Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 action Rochester Family Lawyer: Recent Amendment to Domestic Relations...
Define That Term #311
Posted on February 08, 2009The most recent term was pur autre vie, which is defined as:Legal French meaning "for another's life." It is a phrase used to describe the duration of a property interest. For example, if Bob is given use of the family house for as long as his mother lives, he has possession of the house pur autre vie...
The New York Legal News Round Up
Posted on February 05, 2009Now that I'm back from LegalTech New York, where a great time was had by all, it's time for the belated New York law-related legal news round up: New York should recognize out-of- state gay marriages, judge sez (NY Daily News) Lehman bankruptcy judge charged with assaulting wife (Reuters) Arthur Nadel, Florida Fund Manager, Is Sent to New York Court (Bloomberg) Trial for NYC doctor accused in murder-for-hire (AP) Split 2nd Circuit Revives Nigerian Families' Claims Against Pfizer (Law...
Passengers Beware: You Can Be Frisked
Posted on February 03, 2009This week's Daily Record column is entitled "Passengers Beware: You Can Be Frisked." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Passengers Beware: You Can Be FriskedIn Arizona v. Johnson, No. 07-1122, the U...
The New York Legal Blog Round Up
Posted on February 02, 2009Today's round up will be short and sweet since I have a lot to do to prepare for my trip to NYC tomorrow. I'll be at LegalTech New York. Let me know if you'll be there as well!And now for the round up of posts from my fellow New York legal bloggers:Coverage Counsel: Miscarriage of One-Week Pregnancy Found to Be a "Loss of a Fetus" and Constitute a "Serious Injury" Under New York Insurance Law § 5102 New York Civil Law: Appellate Division, Third Department Applies Arons v...
New Procedure for Appeals in Second Circuit
Posted on January 29, 2009The United States Court of Appeals for the Second Circuit recently announced that it has adopted some changes in regard to appeals. The notice is set forth below:UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 212.857.8585 DENNIS JACOBS CATHERINE O?HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Notice to the Criminal Law Bar Beginning January 15, 2009, the Court will adopt a new procedure for setting the deadlines for filing briefs in all criminal appeals...
The New York Legal News Round Up
Posted on January 28, 2009It's a cold, snowy Wednesday and time for the weekly round up of law-related news headlines: Brooklyn man run over by cop is awarded $4.6 million (Newsday) Big jury paydays for 2 injured ex-cops Daily News) State judge throws out Rockland's housing law for sex offenders (loHud...
Carelessness Trumps the Exclusionary Rule
Posted on January 27, 2009This week's Daily Record column is entitled "Carelessness Trumps the Exclusionary Rule." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Carelessness Trumps the Exclusionary RuleIn February 2008, I wrote an column about the U...
The New York Legal Blog Round Up
Posted on January 26, 2009It's Monday and time for the weekly round up of interesting posts from my fellow New York law bloggers:Coverage Counsel: NY PIP Intercompany Arbitration Rule Revisions -- Effective February 1, 2009 New York Attorney Malpractice Blog:What's Worse than Legal Malpractice? Arrest New York Civil Law: Appellate Division, Third Department Applies Arons v...
New York Lawyer Advertising Rules Appellate Argument
Posted on January 25, 2009Last week, the Second Circuit heard arguments in the State's appeal of NDNY's Judge Scullin's ruling that 4 of the previously enacted provisions regarding lawyer advertising were unenforceable.A summary of Judge Scullin's prior ruling can be found in this prior blog post...
Define That Term #310
Posted on January 25, 2009Last week's term was G.A.T.T., which is defined as:General Agreement on Tariffs and Trade-A comprehensive free-trade treaty signed in 1947 by 117 nations, including almost every developed country. The goal of GATT has been to promote global economic growth by encouraging and regulating world trade...
Medicaid Figures for 2009
Posted on January 22, 2009Note: I am posting the new Medicaid figures for 2009. The most significant changes are in the individual resource allowance (now $13,800) and in the community spouse's MMMNA (now $2,739). Chronic Care Medicaid Minimum Community Spouse Resource Allowance: $74,820 Maximum Community Spouse Resource Allowance: $109,560 Resource Allowance for Individual: $13,800 Community Spouse Minimum Monthly Maintenance Needs Allowance(MMMNA): $2,739 Family Member Allowance - Other Eligible Persons - Spousal Impoverishment Situations: $584 Community Medicaid and SSI-Related Medicaid Medicaid Only - Monthly - One Person SSI Income Standards - Medicaid Standard: $761 SSI Resource Standards - Individual: $2,000-Authored by Elizabeth Randisi, a Rochester,...
The New York Legal News Round Up
Posted on January 21, 2009It's the middle of the week-but the beginning of a new era-and time for the weekly round up of law-related New York news headlines:Columbia Law School Uncovers $3 Million Loss Related to Madoff (Bloomberg.com) U.S. seeks to keep NY lawyer Dreier jailed pre-trial (Reuters) U...
My Newest Blog-Legal Tweets
Posted on January 21, 2009I've started a new blog called Legal Tweets, which covers legal topics trending on Twitter, the micro-blogging service that many lawyers have joined in recent months.Check it out and tell all your friends! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted...
The New York Legal Blog Round Up
Posted on January 20, 2009It's the first day of President Obama's presidency and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Defensive Bear Hugging is Covered New York Civil Law: New York Court of Appeals Grants Leave to Appeal on Scaffold Law Issuest New York Personal Injury Law Blog: We Have A Winner! (Lawyer Soliciting Airline Victim Department) New York Public Personnel Law: Legislature?s enactment of a statute directing the State Comptroller to audit charter schools Constitutional No-Fault Paradise: New York's New Prejudice Rule -- One For No-Fault In The Future? Rochester Family Lawyer: Basics of...
Define that term #309
Posted on January 18, 2009Last week's term was carryover basis, which is defined as:The tax basis of someone who receives a gift. The recipient's basis is the same as the giver's; it simply "carries over" when the gift is made. Edward Wiest got it right!Today's term is:G.A.T.T...
Come Learn With Me at Solo Practice University
Posted on January 15, 2009I'm thrilled to announce that I've joined the faculty at Solo Practice University?, a web-based educational community that will help you learn about the one thing that most law schools fail to teach: the "practice of law." At Solo Practice University? I'll be teaching a course about web productivity and organization for lawyers...
The New York Legal News Round Up
Posted on January 14, 2009For your reading enjoyment, law-related headlines from the past week: New York judge OKs Amazon Tax (ChannelRegister) Lippman to be named new chief judge (Times Union) New York Judge Tosses Out Term Limits Challenge (MyFoxNY) New York Knick Eddy Curry Named in 'Gay Sex' Lawsuit (FoxNews) Health insurer settles with N...
Technology (already) Invades the Courtroom
Posted on January 13, 2009This week's Daily Record column is entitled "Technology (already) invades the courtroom." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Technology (already) invades the courtroomI?ve said it before and I?ll say it again: The times they are a-Tech- nological advancements are affecting courtrooms across the country, much to the consternation of many in the legal profession who staunchly resist technological change...
The New York Legal Blog Round Up
Posted on January 12, 2009It's a cold, cold Monday and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Court Rules that DME Provider's Illegal Billing Is Excused by No-Fault Insurer's Untimely Denial New York Criminal Defense Blog: CJI Charge on Robbery in the First Degree Fails to Alert Jury of Requirement of Actual Possession New York Federal Criminal Practice: EDNY Judge Finds Violation of Supervised Release in Sex Offender Case Where Defendant Refrained from Participating in Treatment in "Meaningful Manner" New York Public Personnel Law: Unit member alleges gender discrimination by her union after it declined...
Define That Term #208
Posted on January 11, 2009Last week's term was volenti non fit injuria, which is defined as:Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries...
The New York Legal News Round Up
Posted on January 07, 2009It's a gray, slushy, icy day here in Rochester, and time for the weekly round up of legal news headlines from the past week: Disbarred Lawyer Faces Criminal Charges for Still Practicing (NY Law Journal) Model Liskula Cohen sues Google for 'skank', 'old hag' slur (News...
Surviving and Thriving in the Midst of a Recession
Posted on January 06, 2009This week's Daily Record column is entitled "Surviving and Thriving in the Midst of a Recession." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Surviving and Thriving in the Midst of a RecessionI?ve said it before and I?ll say it again: The times they are a-changin? and lawyers aren?t immune from the global economic restructuring now underway...
The New York Legal Blog Round Up
Posted on January 05, 2009It's the first Monday of 2009-and time for the weekly round up of interesting posts from my fellow New York law bloggers:New York Attorney Malpractice Blog: Closely Held Corporations, Retainers and Legal Malpractice New York Civil Law: New York Court of Appeals Will Address Whether Manufacturers Have a Continuing Duty to Retrofit or Recall Products New York Court Watcher: New York Court of Appeals: This List, Past Lists, the Guv, the AG, and the Selection System (Part 4: The Guv's Selecting a Great Chief JUDGE) New York Court of Appeals: This List, Past Lists, the Guv, the AG, and the...
Define That Term #207
Posted on January 04, 2009The most recent term was irresistible impulse test, which is defined as:A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong. No one guessed this time around...
Happy New Year!
Posted on December 31, 2008See you next year! In the meantime, from me to you-Happy New Year! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog.typepad.com , to read the entire post)
The Future is Now
Posted on December 30, 2008This week's Daily Record column is entitled "The Future is Now." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The future is now It's time for the legal profession to pull its collective head out of the sand when it comes to technology, the Internet and Web 2...
The New York Legal Blog Round Up
Posted on December 29, 2008It's time for the post-holiday round up of interesting posts from my fellow New York law bloggers:Coverage Counsel: A Serious Rant About the Permanent Consequential and Significant Limitation "Serious Injury" Threshold Categories New York Attorney Malpractice Blog:Are Attorney Fees Recoverable in Legal Malpractice? New York Civil Law: Top Five Surprises and Disappointments Impacting New York Law in 2008 New York Public Personnel Law: Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacher Rochester Family Lawyer: Opt-Out Agreements and the Scope of the Child Support Standards Act Second Opinions:Aggravated Felony...
Happy Holidays!
Posted on December 24, 2008Sui Generis will be on a brief hiatus until the weekend. In the meantime-Happy Holidays! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog...
The state of New York
Posted on December 23, 2008This week's Daily Record column is entitled "The state of New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The state of New York?It couldn?t have happened anywhere but in little old New York...
The New York Legal Blog Round Up
Posted on December 22, 2008It's a cold, snowy Monday here in Rochester, and time for the weekly round up posts from my fellow New York blawgers:New York Civil Law: New York Court of Appeals Recently Addresses Cigarette Liability New York Public Personnel Law Blog: Police chief captain wins judgment in officers' suit over...
Define That Term #206
Posted on December 21, 2008Last week's term was words of procreation, which is defined as: Language used to leave property to a person and his or her descendants, which typically take the form "to A, and the heirs of his body," where A is the person receiving the property.No one guessed this time around...
Crime Time Sentencing Software
Posted on December 18, 2008A few days ago, a downstate attorney clicked on the "Chat with me" badge to the left and attempted to ask me about the "Crime Time" sentencing program I'd posted about previously.Unfortunately, I had just installed an add-on to Firefox that interfered with the Google chat module, and I wasn't able...
The New York Legal News Round Up
Posted on December 17, 2008It's the middle of the week and time for the weekly round up of law-related legal news headlines: Dreier Law Firm Files for Bankruptcy After Founder Arrested (Bloomberg.com) NY's top court rejects product liability claim over regular versus 'light' cigarettes (AP) NY Law School sues investment...
The Legal Profession and the Recession
Posted on December 16, 2008This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The Legal Profession and the Recession?It isn?t so much that hard times are coming; the change observed is mostly...
The New York Legal Blog Round Up
Posted on December 15, 2008It's a dreary Monday here in Rochester and time for the weekly round up of posts from my fellow New York blawgers:New York Civil Law: New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation New York Criminal Defense Blog: Second Circuit Recognizes Importance of Defendants' Right To Examine Prosecution Witness's Racism Rape Conviction Overturned for Lack of Specificity New York Personal Injury Law Blog: Will Dreier Partners Be Liable for Stolen Money? Rochester Family Lawyer: Divorce, Immigrant Spouse, Maintenance and Affidavit of Support Second Opinions: No New Hearing...
Define That Term #205
Posted on December 14, 2008Last week's term was homestead declaration, which is defined as:A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to...
The New York Legal News Round Up
Posted on December 10, 2008It's time for the weekly round up of New York law-related new headlines: Partner in N.Y. law firm charged with fraud(CNNMoney.com) Buffalo law clerk spared jail for driving prostitute (Syracuse.com) 2nd Circuit Approves Sentencing Bump for Urban Weapons Trafficking (Law...
Fear and Liberty Must Co-exist
Posted on December 09, 2008This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Fear and Liberty Must Co-exist?[F]ear cannot?allow?the evisceration of the bedrock principle of our Constitution...
The New York Legal Blog Round Up
Posted on December 08, 2008It's a ridiculously cold Monday here in Rochester, but nevertheless time for the weekly round up of interesting posts from my fellow New York law bloggers.And, let me reiterate that I do my best to include posts of interest to my readers-New York lawyers...
Define That Term #204
Posted on December 07, 2008The most recent term was the doctrine of legislative equivalency, which is defined as:A position in the public service created by a legislative act can only be abolished by a correlative legislative act (Matter of Torre v. County of Nassau, 86 NY2d 42)...
New York Legal News Round Up
Posted on December 03, 2008It's time, once again, for the weekly round up of interesting law-related news headlines from the past week: Paterson asks Cuomo to look into judicial nominations(Times Union) N.Y. High Court Finds More Data Needed in Fee Dispute (Law.com) N.Y. Federal Judge Finds Cigar Maker Entitled to Relief...
Sometimes You Have to Laugh at the Law
Posted on December 02, 2008This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here. *****Sometimes you have to laugh at the lawI hope you enjoyed the Thanksgiving holiday; now I offer you the following...
The New York Legal Blog Round Up
Posted on December 01, 2008It's time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Second Department Grants Dismissal of Punitive Damages and Infliction of Emotional Distress Causes of Action Against Insurer New York Attorney Malpractice Blog:Appellate Legal Malpractice New York...
The New York Legal News Round Up
Posted on November 26, 2008It's the Thanksgiving eve round up of interesting news headlines from the past week: NY county nixes same-sex marriage challenge (Syracuse.com) Federal Judge Penalizes Broker Over 'Egregious' Conduct (Law.com) Judge Rules That Suspects Cannot Be Detained Because of Ethnicity (NY Times) DNA clears...
Can Lawyers Afford to Ignore Social Media?
Posted on November 25, 2008This week's Daily Record column is entitled "Can Lawyers Afford to Ignore Social Media?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Can Lawyers Afford to Ignore Social Media?Social media is radically altering our world...
The New York Legal Blog Round Up
Posted on November 24, 2008It's almost T-day, and it's time for the weekly round up of interesting posts from my fellow New York law bloggers:Juz the Fax: Illegal Aliens May Recover Unpaid Wages New York Attorney Malpractice Blog:Legal Malpractice and the Criminal Plaintiff New York Criminal Defense: When Can A One On One...
Define That Term #303
Posted on November 23, 2008The most recent term was secondary meaning, which is defined as:In trademark law, a mark that is not inherently distinctive becomes protected after developing a "secondary meaning": great public recognition through long use and exposure in the marketplace...
The New York Legal News Round Up
Posted on November 19, 2008It's a snowy Wednesday and time for the round up of interesting legal news headlines from the past week: Top NY Court Blinks in 'First Department' WPP Discrimination Power Play (Marketwatch) Judge raises stakes in Apple vs IBM exec case (Tech.blorge) Justin Timberlake Sued By Restaurant Staff Over...
Religious liberty for some, not all
Posted on November 18, 2008This week's Daily Record column is entitled "Religious liberty for some, not all." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Religious liberty for some, not all ?Hypocrisy is oftenest clothed in the garb of religion...
The New York Legal Blog Round Up
Posted on November 17, 2008It's a cold, seasonal Monday and time for the weekly round up of posts from my fellow New York blawgers:Coverage Counsel: Negligently Opening Car Door Found to Fall Within Meaning of "Auto Accident" New York Attorney Malpractice Blog: Legal Malpractice Case against a Dead Attorney New York Personal...
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. V
Posted on November 13, 2008Next up, questions from the audience and corresponding answers: Unknown re: whether NY Court of Appeals will permit electronic filing Per Judge Jones--inescapable fact of life that entire legal community moving towards electronic filing, technological advancements--but how quickly we'll get there...
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. IV
Posted on November 13, 2008Next up, Hon. Theodore T. Jones: It is an unfortunate fact of life that you must practice law defensively in the current day. Judge Jones personally looks at all leave applications. Places them in piles--meritless and potentially meritorious. Disagrees with assertion that if application sits around...
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. III
Posted on November 13, 2008Next up, the Hon. Eugene Pigott, such a great speaker/presenter--main points: Best advice to defense counsel-win early, so need to appeal;) Begin all arguments with "Judge you're out of order, this whole court's out of order!" ;) Timely preservation--important, but does it assist your opponent in...
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. II
Posted on November 13, 2008Next up, Wendy Lehmann-points of interest on topic of "how to respond to an application for leave to appeal to the NY Court of Appeals: Primary role of NY Court of Appeals is not to correct error, but to see it in larger policy perspective If appeal from an order of affirmance of the intermediate...
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. I
Posted on November 13, 2008Brian Shiffrin is the first presenter. Points of interest: The NY Court of Appeals is not a court of error Address issues of reviewability and preservation in your lead brief rather than waiting for opposing counsel to raise them Re: federal issues--ask that they be reviewed pursuant to US Supreme...
Live Blogging at NY Court of Appeals Criminal Justice CLE
Posted on November 13, 2008I'm at a Monroe County Bar Association seminar "The Court of Appeals Comes to the 3rd Annual Criminal Justice Forum". The Guest Speakers are Hon. Theodore T. Jones and Hon. Eugene F. Pigott, Jr., Associate Judges of the NYS Court of Appeals.The moderator is acclaimed local criminal defense attorney...
The New York Legal News Round Up
Posted on November 12, 2008It's Wednesday, Wednesday, Wednesday-and time for the round up of interesting New York law-related headlines from the past week: 2nd Circuit: Plaintiffs in Credit Card Antitrust Case Cannot Be Compelled to Arbitrate (Law.com) NY Judge: Papermaster Must Stay True To Big Blue, Apple Job In Limbo...
Rochester Needs a Law School
Posted on November 11, 2008This week's Daily Record column is entitled "Rochester Needs a Law School." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Rochester Needs a Law SchoolWithin the last year, officials at both SUNY Binghamton and St...
The New York Legal Blog Round Up
Posted on November 10, 2008It's Monday and time for the weekly round up of posts from my fellow New York blawgers: Coverage Counsel: Help Wanted: Associate Attorney for Long Island Office New York Attorney Malpractice: CPLR 321 and a Very Long Statute of Limitations in Legal Malpractice New York Federal Criminal Practice:...
Define That Term #302
Posted on November 09, 2008Last week's term was doctrine of equivalents, which is defined as:A patent rule under which a new device or process violates an existing patent if the new invention does the same work in a substantially similar way to achieve the same results. No one guessed this time around...
Online Will Websites, Part II
Posted on November 07, 2008Thanks to all for some great comments. Over the weekend, I saw a commercial on TV for a legal document drafting website and software, that was endorsed by a well-known attorney, but one who is not licensed in New York (according to the attorney directory at nycourts...
The New York Legal News Round Up
Posted on November 05, 2008It's the day after an historic day for this country, and time for the weekly round up of interesting New York law-related news headlines: Do Law Firms Still Aspire to a New York Presence? (NY Law Journal) 2d Circuit reinstates Bhopal water pollution case (Reuters) NYAG Cuomo warns nine banks about...
Twitter 101 for Lawyers
Posted on November 04, 2008This week's Daily Record column is entitled "Twitter 101 for Lawyers." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Twitter 101 for LawyersWhile I?ve often repeated my recommendation that lawyers ought to take advantage of the networking and...
The New York Legal Blog Round Up
Posted on November 03, 2008It's the first Monday in November, and time for the weekly round up of posts from my fellow New York law bloggers:theCPLRblog: CPLR R. 2106, CPLR R. 411 New York Attorney Malpractice Blog: Privity and Dismissal in Legal Malpractice New York Criminal Defense: What Must Be Shown For A Defendant To Be...
Define That Term #301
Posted on November 02, 2008Last week's term was dedimus potestatum, which is defined as:An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that testimony might otherwise be lost. For example, a party to a lawsuit might use the procedure to obtain the...
The New York Legal News Round Up
Posted on October 30, 2008It's the weekly round up of New York law-related headlines--a day late since I've been unbelievably busy trying to recover from the "invasion of the stomach bug." Somehow I dodged the bullet, but everyone else in my household succumbed. I've spent the last few days trying to catch up and completely...
Promote Your Practice Through Social Media
Posted on October 28, 2008This week's Daily Record column is entitled "Promote Your Practice Through Social Media." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Promote Your Practice Through Social MediaOnline identities are becoming increasingly important in the Web...
The New York Legal Blog Round Up
Posted on October 27, 2008The weekend is over and the work week has now begun. You know what that means--it's time for the weekly round up of posts of New York law-related posts from my fellow New York law bloggers.And, without further ado:New York Attorney Malpractice Blog: Plaintiff Loses Both Ends of A Legal Malpractice...
Define That Term #300
Posted on October 26, 2008Last weeks term was golden rule argument, which is defined as:During a jury trial, an attempt to persuade the jurors to put themselves in the place of the victim or the injured person and deliver the verdict that they would wish to receive if they were in that person's position...
The Curious Phenomenon of the e-Will
Posted on October 23, 2008A new client was recently referred to me by a colleague. The client had gone online and prepared her own Will, and my colleague was concerned that it might not be valid. I reviewed the client?s draft Will, and although it was awkwardly written and contained provisions that probably did not need to...
The New York Legal News Round Up
Posted on October 22, 2008It's time for the round up of New York law-related headlines from the past week: 2nd Circuit Rejects Bid to Erase Trial Judge's Sanctions (Law.com) Big-Firm Salary Costs Husband Interim Attorney Fees in Divorce Case (Law.com) Trooper killer Ralph ?Bucky? Phillips appealing convictions in New York...
Criminalizing the Victims
Posted on October 21, 2008This week's Daily Record column is entitled "Criminalizing the Victims." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Criminalizing the Victims The Appellate Division, Fourth Department on Oct. 10 declared that the City of Rochester?s youth...
The New York Legal Blog Round Up
Posted on October 20, 2008It's time for the weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel Notice to Broker Is Not Notice to Liability Insurer -- Delayed Notice of More than 7 Months Found Unreasonable as a Matter of Law New York Civil Law: New York Court of Appeals Addresses...
Define That Term #299
Posted on October 19, 2008Last week's term was habeas corpus ad subjiciendum which is defined as:Latin for "You have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ,...
The New York Legal News Round Up
Posted on October 15, 2008It's time for the round up of New York law-related headlines from the past week: $6.5 Mil for Mastectomy Nightmare (NY Post) Law cracks down on attorneys (The Business Review) Jury: $10.7M for NYC woman in wait for brain scan (Yahoo News) 3rd climber of NY Times building pleads not guilty (Yahoo...
The New York Legal Blog Round Up
Posted on October 14, 2008Due to the Columbus Day holiday, it's now time for the belated round up of posts from my fellow New York blawgers: Juz the Fax: More on New York's WARN Act New York Attorney Malpractice Blog: Legal Malpractice in the Hamptons New York Civil Law: New York Court of Appeals Addresses Certified...
Define That Term #298
Posted on October 13, 2008Last week's term was ipse dixit, which is defined as:Latin for "he himself said it." The term labels something that is asserted but unproved.Kathleen's guess was awfully close. Today's term is: habeas corpus ad subjiciendum. As always, educated guesses are welcome; dictionaries are not...
New York Court of Appeals Leave Question of Fact to the Jury
Posted on October 10, 2008The title of this post might seem to state the obvious, but in my experience, trial level and appellate courts seem all too eager to conclude that summary judgment is appropriate even where arguable issues of fact exist. In Frutchey v Felicita 2008 NY Slip Op 06745, however, the New York Court of...
The New York Legal News Round Up
Posted on October 08, 2008It's time for the weekly round up of New York law-related news headlines: No Free Speech Violation Found in School's Hiding of Child's Jesus Image (Law.com) Wachovia Regulators Push Citigroup, Wells to Settle (Bloomberg.com) NY man apologizes for offensive costume (am New York) Judge Finds 'Project Runway' Did Not Violate Copyright (Law...
Technology, social media and the Penal Code.
Posted on October 07, 2008This week's Daily Record column is entitled "Technology, social media and the Penal Code." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Technology, social media and the Penal Code. While working on the annual update for the West criminal law...
The New York Legal Blog Round Up
Posted on October 06, 2008Finally, a New York blawg round up. It's been a while, and for that, I apologize! Coverage Counsel: Read Your Policy or Be Deemed to Have Presumptive Knowledge of its Terms New York Attorney Malpractice Blog: Is the Failure to Investigate Legal Malpractice? New York Federal Criminal Practice:...
Define That Term #297
Posted on October 05, 2008The most recent term was nulla bona, which is defined as:Latin for "no goods." This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment. No one guessed this time around. Today's term is: ipse dixit. As always, no dictionaries, please...
Organize your law practice, and your life, online
Posted on October 02, 2008This week's Daily Record column is entitled "Very Nice: Borat Takes Glorious Victory in Federal Court." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Organize your law practice, and your life, online A few weeks ago I encouraged you to explore...
The New York Legal News Round Up
Posted on October 01, 2008The 2007-08 update for my West book, Criminal Law in New York, is in, and it's back to business as usual here at Sui Generis. It's Wednesday, and, of course, time for the weekly round up of New York law-related headlines from the past week: Top New York law firm recruits real Erin Brockovich made...
Up Against a Deadline
Posted on September 21, 2008I apologize, but I'm going to have to take one week off in order to meet a few rapidly approaching deadlines, including the deadline for the update for the West treatise that I co-author: Criminal Law in New York, 4th. Blogging will resume during the last week of September...
The New York Legal News Round Up
Posted on September 17, 2008It's Wednesday, and time for the weekly round up of New York law-related headlines: NY Judge: Nixon Peabody Didn't 'Steal' Taylor Wessing Partners (AmLaw Daily) Lehman Bankruptcy Sees New Judge Face Veteran Lawyers (Bloomberg.com) New York Hospital to Pay $89 Million to Settle Fraud Claims...
Apologies to My RSS Feed Subscribers
Posted on September 16, 2008I apologize to my many RSS feed subscribers for the now-shortened RSS feed posts and for the lengthy message following each post. However, I had to to make a few changes to protect my blog content. It seems that this joker, Michael Rehm, a Legal Aid attorney in New York City, was posting my content...
Very Very Nice: Borat Takes Glorious Victory in Federal Court
Posted on September 16, 2008This week's Daily Record column is entitled "Very Nice: Borat Takes Glorious Victory in Federal Court." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Very Nice: Borat Takes Glorious Victory in Federal Court ?[T]he movie employs as its chief...
The New York Legal Blog Round Up
Posted on September 15, 2008It's Monday, and a mellowed out Ike has now left the building here in Rochester, leaving minimal damage in its wake. And, or course, it's time for the weekly round up of interesting posts from my fellow New York blawgers: The Buffalo Lawyer: Municipalities may sue under RICO Coverage Counsel: The...
Define That Term #296
Posted on September 14, 2008Last week's term was novation, which is defined as:The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties. Edward Wiest got it right! Today's term is: nulla bona...
The New York Legal News Round Up
Posted on September 10, 2008It's already the middle of the week and time for the round up of New York law-related headlines from the past week: Fighting for the Right to Drink Beer on His Stoop (NY Times) Three More Borat Complaints Tossed (E Online) Harry Potter copycat loses US courtcase (AFP) Lawsuit: Hybrid taxis couldn't handle NYC streets (AP) 2003 New York Ferry Crash Victim Gets Almost $23 Million Compensation (AHN) New York Man Sues Airline for Allegedly Losing Wife's Corpse (Fox)
Of Mountains and Molehills
Posted on September 09, 2008This week's Daily Record column is entitled "Of Mountains and Molehills." My past Daily Record articles can be accessed here. ****** Of mountains and molehillsThe difference between a mountain and a molehill is your perspective. -Al Neuharth Although this is an op-ed column, I tend to avoid writing about politics, if only for the simple fact that I prefer to write about less contentious, law-related issues...
The New York Legal Blog Round Up
Posted on September 08, 2008It's time for the weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel: SUM claim arbritration not barred by res judicata or collateral estoppel Juz the Fax: New York's WARN Act New York Civil Law: New York Court of Appeals Will Address Labor Law sec...
Define That Term #295
Posted on September 07, 2008Last week's term was Sunshine laws, which is defined as:Statutes that provide public access to governmental agency meetings and records. Roy Mura of the Coverage Counsel blog sent me an email with this guess--and got it right!Sunshine laws = Freedom of Information Laws or FOIL statutes that provide access to ?public records?, usually from municipal entities...
Tagged--5 Great Non-law Blogs
Posted on September 05, 2008I've been double tagged in a meme by both Adrian Lurssen of JD Supra's JDScoop blog and Susan Cartier Liebel of the Build a Solo Practice, LLC blog. The meme was started by the anonymous editor of Blawg Review, the point being to post 5 of your favorite non-legal blogs and then tag 5 blawgers to do the same...
The New York Legal Blog Round Up
Posted on September 04, 2008It's time for a belated round up of posts from my fellow New York law bloggers: Coverage Counsel: Food Fighting Coverage--Middle School Garbage Can Hurler Entitled to Defense and Indemnification New York Attorney Malpractice Blog: Legal Malpractice and Compelled Settlements New York Civil Law: New York Court of Appeals Will Address New York's No-Prejudice Rule New York Federal Criminal Practice: Second Circuit Affirms SDNY Judge Kaplan's Dismissal of Indictment Against Thirteen Defendants in KPMG Tax Shelter Fraud Case New York Law Blog: New Layoff Law New York Personal Injury Law Blog: New York Law Blogger Sued For Defamation (Updated) Simple...
New York Legal News Round Up
Posted on September 03, 2008It's time for the round up of interesting New York legal news headlines from the past week: NY court backs recognition of same-sex marriages (Reuters) 2nd Circuit Reinstates NYC's RICO Allegation of Tax Loss From Online Cigarette Sales (Law.com) Ex-Tyco CEO Kozlowski appeals to top New York court (Reuters) Lawyer tells court Bianca Jagger wants her New York apartment back (AP) Mugged New Yorker pleads not guilty to murder (Newsday)
We Are Some Wild and Crazy Lawyers
Posted on September 02, 2008A recent Daily Record column is entitled "We Are Some Wild and Crazy Lawyers." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** We are some wild and crazy lawyers Sometimes, we lawyers take ourselves far too seriously...
Define That Term #295
Posted on August 31, 2008Last week's term was condonation, which is defined as:One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds...
The New York Legal News Round Up
Posted on August 27, 2008It's already Wednesday and time fro the weekly round up of New York law-related headlines: Woman in Spitzer prostitution case pleads guilty (Reuters) Defamation Suit Proceeds Against Defense Lawyer in Law Firm Theft Case (New York Law Journal) NYC judge orders release of Rosenberg testimony (AP) 2nd Circuit Addresses Limits on Qui Tam Actions Under False Claims Act (New York Law Journal) Text size: increase text sizedecrease text size Lawyer at center of pension probe must pay back $83,624 (Newsday)
Making Your Law Office More Portable
Posted on August 26, 2008This week's Daily Record column is entitled "Making Your Law Office More Portable." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Making Your Law Office More Portable I know, I know. Some of you are wondering, ?Why in the world would I want to take my law office with me? It can stay right where it is, thank you very much...
The New York Legal Blog Round Up
Posted on August 25, 2008It's Monday and time for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Carolina on Their Mind New York Law Blog: New York City Housing Authority New York Public Personnel Law Blog: School Officials Have Immunity if They Report Child Abuse Simple Justice: Cops are Cops 24/7 Wait a Second!: 2d Circuit strikes down another provision of the NY Elections Law
Define That Term #294
Posted on August 24, 2008Last week's term was means test, which is defined as:A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy...
Certified Questions
Posted on August 23, 2008The Second Circuit recently certified a number of questions to the New York Court of Appeals. First, in Amalfitano v. Rosenberg, Docket No. 06-2364-cv, the following questions were certified:(1) Can a successful lawsuit for treble damages brought under N...
The New York Legal News Round Up
Posted on August 20, 2008It's Wednesday and time, once again, for the round up of New York legal news headlines: Rejecting Special Referee's Report, N.Y. Court Suspends Attorney (New York Law Journal) New York City agrees to pay protesters $2 million (Reuters) New York Attorney General Cuomo to Sue Merrill Lynch (FoxBusiness) Insurer Suit Challenges Changes in New York?s Workers? Compensation Laws (Workforce...
Does Security Require the Loss of Liberty?
Posted on August 19, 2008This week's Daily Record column is entitled "Does Security Require the Loss of Liberty?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Does Security Require the Loss of Liberty? ?Men fight for liberty and win it with hard knocks...
The New York Legal Blog Round Up
Posted on August 18, 2008It's Monday and time for the weekly round up of interesting posts from my fellow New York blawgers: Coverage Counsel: Court Reverses Jury Verdict for Injured Parties on Late Notice DJ Trial New York Federal Criminal Practice Blog: EDNY Judge Block Imposes 60-month Sentences in Securities Fraud Case Instead of Guideline Sentences of 360 months to Life New York Law Blog: Choking Hazard Legislation Second Opinions: 9/11 Simple Justice: 2d Circuit on a Roll Wait a Second!: Court of Appeals upholds psychotherapist privilege in garden variety damages claims
Define That Term #293
Posted on August 17, 2008Last weeks term was effluxion of time, which is defined as: The normal expiration of a lease due to the passage of time, rather than due to a specific event that might cause the lease to end, such as destruction of the building. No one guessed this time around...
I'll Be in New York This Weekend
Posted on August 13, 2008I made a last minute decision to take a trip to NYC this weekend. If any of my New York peeps are interested in meeting for coffee on Saturday, drop me an email.
The New York Legal News Round Up
Posted on August 13, 2008It's the middle of the week and time for the weekly round up of New York law-related news headlines: NY Law firm sued in $20M real estate case (Newsday) U.S. Sues Developer Over Access for Disabled (NY TImes) At Trial, Lawyer Claims Former Firm Cut Her Salary Over Pregnancy (New York Law Journal) Author Wins Attorney Fees Despite Dismissal of Free Speech Action (New York Law Journal) Federal Court: N...
War on Terrorism Collides with Attorney-Client Privilege
Posted on August 12, 2008This week's Daily Record column is entitled "War on terrorism collides with attorney-client privilege." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** War on terrorism collides with attorney-client privilege In an effort to combat the somewhat nebulous concept of ?terrorism,? laptops and other digital devices are currently subject to warrantless inspections at the border...
The New York Legal Blog Round Up
Posted on August 11, 2008It's Monday, the beginning of a new week that this particular blogger welcomes with open arms, and time for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Jailed and Now Must Pay Legal Malpractice Award New York Federal Criminal Practice: EDNY Judge Denies Motion to Dismiss Indictment Charging English Teacher and Translator with Providing Material Support to TerroristsNew York Law Blog: Derivative Work vs...
Define That Term # 292
Posted on August 10, 2008The most recent term was in terrorem, which is defined as: Latin meaning "in fear." This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will...
The New York Legal Blog Round Up
Posted on August 06, 2008I t's the middle of the week and time for the weekly round up of New York legal news headlines: Associate's Sex Discrimination Claims Proceed Against Law Firm (New York Law Journal) Judge Limits Damages in Would-Be Partner's Suit Against Orrick (New York Law Journal) Pakistani scientist faces NY judge over attack on troops (ABC News) Federal court green-lights remote storage DVR (Newsday) 'Junior' Gotti held in NY mafia probe (RTE News)
Wannabe Lawyers Gamble on the New York State Bar Exam
Posted on August 05, 2008This week's Daily Record column is entitled "Wannabe Lawyers Gamble on the New York State Bar Exam." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** ?You only get one chance to roll the dice of life, make your bet wisely...
The New York Legal Blog Round Up
Posted on August 04, 2008I'm back from the beach, and it's back to work for me and time to round up posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: 2d Circuit Distinguishes between Civil and Criminal Legal Malpractice Cases New York Federal Criminal Practice: EDNY Judge Issues Notable Decision on Forfeiture and Restitution in Peonage Case New York Law Blog: The Documented Truth New York Personal Injury Law Blog: Lawyers, Laptops, Borders and Confidential Client Materials Rochester Family Lawyer: Parent?s Obligation to Pay College Expenses Does Not Always Terminate at the Age of 21 Simple Justice: New York Times...
TWiL Podcast
Posted on July 29, 2008Recently, I was lucky enough to be invited by the inimitable Denise Howell to participate in one of the most well known legal podcasts, TWiL. The podcast is now available here. In TWiL 16, host Denise Howell, Ernie Svenson, Marty Schwimmer, Evan Brown and I discuss iPhone unlocking, FBI child porn baiting, electronic discovery, Viacom v...
Back in a week
Posted on July 28, 2008This blogger is at the beach. Blogging will resume next Monday.
Is New York Taxing Out the Elderly?
Posted on July 24, 2008My evidence for this is completely anecdotal, but it seems like more and more of my clients these days are considering moving out of state for estate tax reasons. New York has an unlimited marital deduction for estate taxes, which means that assets passing from one spouse to the other upon the first death are tax-free...
The New York Legal News Round Up
Posted on July 23, 2008It's time for the weekly round up of interesting New York law-related news headlines: Bronx judge oversaw city's bad investments of inheritance cash (Daily News) N.Y. AG pushes Comcast to block child-porn access (AP) Lawyer Is Accused of Using Reform Group to Launder Money From Strip Club (NY Times) Disbarred NY Lawyer/Sex Criminal Sues Amex for Ratting Him Out to Cops (New York Lawyer) New York State Passes Video Game Labeling Law (Reuters) New York judge rules You Tube divorcee's behaviour 'spousal abuse' (Guardian...
Tiffany Fights Losing Battle Against Inevitable Change
Posted on July 22, 2008This week's Daily Record column is entitled "Tiffany Fights Losing Battle Against Inevitable Change." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Tiffany Fights Losing Battle Against Inevitable Change ?Ahh...
The New York Legal Blog Round Up
Posted on July 21, 2008It's a really humid Monday, and time for the weekly round up of posts from my fellow New York blawgers: Coverage Counsel: Sum of the Parts Not Needed to Pursue a Whole Sum Claim Juz The Fax: Election-Of-Remedies Provision In Union Contract Is Not Discriminatory New York Attorney Malpractice Blog: Is This the Oldest Legal Malpractice Case in New York? New York Federal Criminal Practice: Second Circuit and SDNY Judge Issue Three Notable Rulings on Pre-Trial Disclosure New York Law Blog: Appeal Holds New York Personal Injury Law Blog: Kaye v...
Define That Term #291
Posted on July 20, 2008Last week's term was rhadamanthine, which is defined as: A term used to describe a hard-nosed judge, inflexible in the application of the law. Aka, a hard ass, which, if you ask me, is a heck of a lot easier to say. And, no one guessed this time around...
New York State Bar Journal Now Available Online
Posted on July 17, 2008Via lennyesq. I learned that the New York State Bar Journal is now accessible online in pdf format. The July/August issue can be accessed here.
The New York Legal News Round Up
Posted on July 16, 2008It's Wednesday, and that means it's time for the round up of interesting New York legal news headlines from the past week: Barenaked Ladies singer facing drug charges in New York state (Globe & Mail) Tiffany loses trademark ruling in case vs. eBay (Boston Globe) NY woman gets almost 11 years for fraud that helped her adopt 11 kids she's accused of abusing (Star Tribune) New York Times wins ruling in anthrax libel case (Reuters) NY man claims Subway baked knife into sandwich (Reuters) NYPD: Off-duty cop in shooting failed drunk test (AP)
When Private Concern Becomes Public Domain
Posted on July 15, 2008This week's Daily Record column is entitled "When Private Concern Becomes Public Domain." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** When private concern becomes public domain Federal judge Louis L...
The New York Legal Blog Round Up
Posted on July 14, 2008It's Monday and time for the weekly round up of posts from my fellow New York law bloggers: Indignant Indigent: Error to Permit Defendant to Be Cross-Examined Regarding Prior YO Adjudication New York Attorney Malpractice Blog: Is Plaintiff Bound by Documents Signed in Legal Malpractice? New York Law Blog: Undocumented ? Not Illegal New York Personal Injury Law Blog: A Tale of Two Hospitals: One Covers-Up and One Apologizes SImple Justice: Compelling Disclosure of Anonymous Posters Wait a Second!: What is a case worth? The Appellate Division tells us.
Define That Term #290
Posted on July 13, 2008Last week's term was nonobviousness, which is defined as: A requirement for obtaining a patent. An invention is nonobvious if it would be viewed as an unexpected or surprising development by someone skilled in the technology of the particular field. For example, Babe Ruth III invents an electronic device that can signal whether a pitch is a ball or a strike...
There's a New NY Law Blog on the Block
Posted on July 10, 2008I'd like to welcome a new NY blawg to the blogosphere--Trolman, Glaser & Lichtman's New York Law Blog. The firm's blog focuses on New York political and legal issues of interest to New York lawyers....
The New York Legal News Round Up
Posted on July 09, 2008It's Wednesday and time for the weekly round up of interesting law-related news headlines: Archaic land law revised in New York (Newsday) Paterson Will Pick a New Chief Judge of New York (NY Sun) New...
Social Media Latest Networking Tool for Lawyers
Posted on July 08, 2008This week's Daily Record column is entitled "Social Media Latest Networking Tool for Lawyers" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******...
The New York Legal Blog Round Up
Posted on July 07, 2008It's Monday. Yep, time to go back to work after a long holiday weekend--and time for the weekly round up of interesting posts from my fellow New York law bloggers: A Buffalo Lawyer: 3d Dep't agrees...
Define That Term #289
Posted on July 06, 2008Last week's term was usufruct, which is defined as: The right to use property -- or income from property -- that is owned by another. No one got it correct, but looking forward to hearing Evan use...
The New York Legal News Round Up
Posted on July 02, 2008It's already the middle of a short work week, and time for the round up of interesting New York law-related headlines from the past week: New York Ends Grasso Compensation Lawsuit (Wash. Post) Video...
Is justice obtained if not consistently applied?
Posted on July 01, 2008This week's Daily Record column is entitled "Is justice obtained if not consistently applied?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Is...
The New York Legal Blog Round Up
Posted on June 30, 2008It's Monday, Monday, Monday! And, it's time for the weekly round up of interesting posts from my fellow New York blawgers: A Buffalo Lawyer: You scratch my back and I will sue you Coverage Counsel:...
Define That Term #288
Posted on June 29, 2008Last week's term was genericide, which is defined as: Loss of trademark protection that occurs when a specific brand name becomes identified with the entire type of product or service. For example,...
The New York Legal News Round Up
Posted on June 25, 2008It's time for the weekly round up of New York law-related news headlines: NY appeals court upholds ruling in Grasso pay case (Reuters) Naked Cowboy' suing M&Ms over ad (CNN) NY civil liberties group...
Offensive Criticism Trumps First Amendment Rights
Posted on June 24, 2008This week's Daily Record column is entitled "Offensive Criticism Trumps First Amendment Rights" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******...
The New York Legal Blog Round Up
Posted on June 23, 2008It's a beautiful Monday, summer is finally here--and it's time for the weekly round up of interesting posts from my fellow New York law bloggers: Juz the Fax: An "Executive" Is An "Employee" Under...
Define That Term #287
Posted on June 23, 2008Last week's term was fieri facias, which is defined as: Latin for "that you cause to be done." This is a court document that instructs a sheriff to seize and sell a defendant's property in order to...
ABA on Search Engine Options
Posted on June 20, 2008The ABA Legal Technology Resource Center recently explored a number of search engine options available for the legal practitioner, aside from the usual choices, such as Google or Yahoo. PreCYdent, a...
The New York Legal News Round Up
Posted on June 18, 2008It's a somewhat dreary Wednesday and time for the round up of New York law-related news headlines from the past week: De Niro testifies in NYC hotel dispute (AP) New York law firm to pay $75 million...
Unlikely Inferences Do Not a Felony Make
Posted on June 17, 2008This week's Daily Record column is entitled "Unlikely Inferences Do Not a Felony Make." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Unlikely...
The New York Legal Blog Round Up
Posted on June 16, 2008It's an absolutely beautiful Monday and time for the weekly round up of interesting posts from my fellow New York blawgers: Indignant Indigent: Reversal for Brady Violation Absent Specific Request...
Define That Term #286
Posted on June 14, 2008Last week's term was res nova, which is defined as: Latin for "a new thing," used by courts to describe an issue of law or case that has not previously been decided. Once again, Edward Wiest got it...
The New York Legal Blog Round Up
Posted on June 12, 2008Here's the belated weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel: Failure to Report Hit-and-Run Accident Within 24 Hours Precludes UM Coverage Indignant...
The New York Legal News Round Up
Posted on June 11, 2008It's Wednesday and time for the weekly round up of interesting New York legal headlines: New York judge bars 50 Cent from selling property (Reuters) N.Y. High Court: Insurance Excluding 'Terrorism'...
Waking the Sleeping Giant
Posted on June 10, 2008The New York Blawg round up will occur on Thursday this week due to my hard drive crash yesterday. In the meantime, this week's Daily Record column is entitled "Waking the Sleeping Giant" and is...
Crash and Burn
Posted on June 09, 2008Regretfully, my MacBook's hard drive crashed and burned last night, and as a result, I spent much of today remedying that distressing fact. Alas, after experiencing a prolonged and painful...
Define That Term #285
Posted on June 08, 2008Last week's term was dower and curtesy, which is defined as: A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be...
JD Supra--Free Online Access to Legal Documents
Posted on June 08, 2008JD Supra is yet another great addition to the ever-expanding universe of web resources providing free online legal research. It offers "free access to a constantly expanding database of legal...
The New York Legal News Round Up
Posted on June 04, 2008It's time for the round up interesting New York law-related headlines from the past week: Rochester's Strong Memorial Hospital loses $17.5M verdict over surgical error (Democrat & Chronicle) Suit...
Flying the Friendly Skies
Posted on June 03, 2008This week's Daily Record column is entitled "Flying the Friendly Skies." My past Daily Record articles can be accessed here. ****** Flying the friendly skies Ted Striker: My orders came through. My...
The New York Legal Blog Round Up
Posted on June 02, 2008It's Monday already, but have no fear, the weekly round up of posts from my fellow New York law bloggers is here: Coverage Counsel: Certified Toxicology Report Sufficient to Prove Intoxication...
Define That Term #284
Posted on June 01, 2008Last week's term was Feres Doctrine, which is defined as: A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under...
Gov. Patterson Green Lights Gay Marriage in New York
Posted on May 30, 2008In what amounts to a major victory for gay marriage advocates, Governor Paterson issued a directive which required that state agencies recognize gay marriages performed in another jurisdiction. While...
The New York Legal News Round Up
Posted on May 28, 2008It's the middle of the week and time for the round up of New York law-related headlines from the past week: Judge rules against Dell in NY fraud suit (biz journals) Victoria's Secret 'So Sexy' hair...
The New York Legal Blog Round Up
Posted on May 27, 2008It's time for the belated round up of interesting posts from my fellow New York law bloggers: Indignant Indigent: One Cannot Be Incarcerated For Violating The Terms Of Post Release Supervision Not...
First Department Now Offers Online Access to Decisions and Orders
Posted on May 26, 2008Thanks to New York Civil Law for pointing out that the Appellate Division, 1st Department, now offers online access to its Decisions and Order in both html and pdf format. The information can be...
Define That Term #283
Posted on May 25, 2008Last week's term was jus cogens, which is defined as: Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example,...
The New York Legal News Round Up
Posted on May 21, 2008It's time for the round up of interesting New York legal headlines from the past week: New York bans use of noose to intimidate (D & C) New York Court Reduces Damages in Suit Against Union College...
Technology, Web 2.0, and the Practice of Law
Posted on May 21, 2008This week's Daily Record column is entitled "Technology, Web 2.0, and the Practice of Law" My past Daily Record articles can be accessed here. ***** Technology, Web 2.0, and the Practice of Law Your...
The New York Legal Blog Round Up
Posted on May 19, 2008It's a chilly day in May and time for the weekly round up of interesting posts from my fellow New York blawgers: Coverage Counsel: Contractual Indemnification Granted Against Vehicle Lessee Judgment...
Define That Term #282
Posted on May 18, 2008The most recent term was volenti non fit injuria,which is defined as: Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in...
Law and Web 2.0
Posted on May 15, 2008Today, I participated in a CLE, Practicing Law in The 21st Century, with two fellow bloggers, Matt Lerner of the New York Civil Law Blog and Gregory Bell of the Jazz@Rochester blog. The venerable...
The New York Legal News Round Up
Posted on May 14, 2008It's time for the round up of interesting New York legal news headlines from the past week: New law requires sex offenders to reveal their Internet identities (Buffalo News) NY judges warned against...
Youthful Inexperience Is Not a Crime
Posted on May 13, 2008This week's Daily Record column is entitled "Youthful Inexperience Is Not a Crime." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles...
The New York Legal Blog Round Up
Posted on May 12, 2008It's Monday and time to get back to work. But first, it's the round up of interesting posts from my fellow New York blawgers: Judgment Day: Judgment Day at the Third and New Legislation Juz the Fax:...
The New York Legal News Round Up
Posted on May 07, 2008It's time for the weekly round up of New York law-related news headlines: Highest court refuses to hear gay marriage case (rochesterhomepage.net) A New York Appeals Court Allows Victims of the 1993...
It's for your own good.
Posted on May 06, 2008This week's Daily Record column is entitled "It's for your own good." The article is set forth in full below and a pdf of the article can be foun here. My past Daily Record articles can be accessed...
The New York Legal Blog Round Up
Posted on May 05, 2008It's the first Monday in May, and time for the weekly round up of enlightening posts from my fellow New York blawgers: Indignant Indigent (there's a slew of new posts not featured here, so head on...
Generally Speaking, Death By Speeding Not a Crime
Posted on May 04, 2008Last week, the New York Court of Appeals handed down its decision in People v. Cabrera, 2008 NY Slip Op 03994. I wrote about this case in my Daily Record column last September and was quoted in March...
Define That Term #281
Posted on May 04, 2008Last week's term was sprinkling trust, which is defined as: A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she...
Up & Coming Attorneys
Posted on May 04, 2008Once again, Sui Generis' partner, The Daily Record, is seeking nominations for the Up & Coming Attorneys for 2008. Each year, The Daily Record spotlights some of the younger attorneys in the...
The New York Legal News Round Up
Posted on April 30, 2008The work week is more than halfway over and that means it's time for the round up of New York law-related headlines from the past week: Chief Judge Writes N.Y. Governor to Deny Work 'Slowdown' by...
Voices From the Grave
Posted on April 29, 2008This week's Daily Record column is entitled "Voices from the grave." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can be accessed...
The New York Legal Blog Round Up
Posted on April 28, 2008The weekend is long gone, and that means that it's time for the weekly round up of interesting and informative posts from my fellow New York blawgers: Indignant Indigent: Some Recent Decisions From...
Define That Term #280
Posted on April 27, 2008Last week's term was eggshell skull, which is defined as: A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all...
Mining for Metadata in New York?
Posted on April 27, 2008In the smack down of the decade, the New York County Lawyer's Association Ethics Committee butts head with the American Bar Association Ethics Committee on the issue of mining for metadata...
The New York Legal News Round Up
Posted on April 23, 2008It's the middle of the week and time for the round up of interesting New York news headlines from the past week: Woman claims Victoria's Secret stole her bra (Reuters) NY Lawyer Faces Slander Suit...
The Lawsuit That Never Should Have Been
Posted on April 22, 2008This week's Daily Record column is entitled "The lawsuit that never should have been." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles...
The New York Legal Blog Round Up
Posted on April 21, 2008It's time for weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Attorney Discipline, Suspension and Legal Malpractice New York Civil Law:...
Define That Term #279
Posted on April 20, 2008Last week's term was words of procreation, which is defined as: Language used to leave property to a person and his or her descendants, which typically take the form "to A, and the heirs of his...
Statute of Limitations and Emotional Distress Claims
Posted on April 20, 2008Statute of limitations cases always interest me, since they present unique issues, and Schultes v Kane 2008 NY Slip Op 03271 is just such a case. Schultes offers an unusual factual scenario, and...
New York Legal News Round Up
Posted on April 16, 2008I'm enjoying this absolutely beautiful Wednesday as I blog from my deck and my kids swing on the swing set in the backyard. I think that Spring has finally arrived in Upstate New York. Of course,...
Lawyering Is Quite the Balancing Act
Posted on April 15, 2008This week's Daily Record column is entitled "Practicing Law in the 21st Century." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can...
The New York Legal Blog Round Up
Posted on April 14, 2008It's time, once again, for the weekly round up of interesting posts from my fellow New York law bloggers: Indignant Indigent: AD 4th Dept: Selected Decisions of March 21, 2008 New York Attorney...
Are Blood Test Results Obtained Via Warrant Protected by the Physician-Patient Privilege?
Posted on April 13, 2008People v. Elysee, 49 A.D.3d 33, 847 N.Y.S.2d 654 (2d Dept. 2007) is an interesting case. The defendant was involved in an automobile accident which involved a fatality. Shortly thereafter, the...
Defined That Term #278
Posted on April 13, 2008Last Sunday's term was dedimus potestatum, which is defined as: An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that...
Judge Kaye Sues to Obtain Pay Increase for New York Judges
Posted on April 10, 2008Judge Kaye has thrown down the gauntlet and followed through on her promise to sue to enforce a pay increase for New York State judges. A copy of the Summons and Complaint can be accessed here. As...
The New York Legal News Round Up
Posted on April 09, 2008Spring has finally sprung! It's about time. It's also time for the weekly round up of interesting law-related New York headlines: Downtown Rochester might draw a law school (Democrat & Chronicle) NY...
Practicing Law in the 21st Century
Posted on April 08, 2008This week's Daily Record column is entitled "Practicing Law in the 21st Century." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can...
Define That Term #277
Posted on April 07, 2008Last week's term was nolle prosequi, which is defined as: Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he...
The New York Legal Blog Round Up
Posted on April 07, 2008It's a semi-nice almost-Spring day in Upstate New York, and time for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Actual...
NYS 2007 Codes Available Online
Posted on April 04, 2008The 2007 New York State Codes are now available for free online here. Included are provisions governing Building, Fire Prevention and Energy construction in New York State. Thanks to the NYSBA...
The New York Legal News Round Up
Posted on April 02, 2008It's the middle of the week and time for the weekly round up of interesting New York law-related headlines: Hotel Bedbugs Don't Warrant Punitive Damages, NY Judge Decides (Law.com) Woody Allen Sues...
Futile Degradation
Posted on April 01, 2008This week's Daily Record column is entitled "Futile Degradation." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can be accessed...
Blogrolling
Posted on March 31, 2008Thanks to the following blogs for recently mentioning or adding a permanent link to Sui Generis to their permanent blogrolls: The Cool Justice Report Iowa Champion Likelihood of Success The New York...
Other NY Legal Blogs
Posted on March 31, 2008I'm in the process of revising my "New York Law Blogs" blogroll, since a number of the blogs listed there right now are defunct. It's been a while since I updated my blogroll and I know that there...
The New York Legal Blog Round Up
Posted on March 31, 2008It's time for the weekly round up of interesting posts from my fellow New York blawgers: New York Attorney Malpractice Blog: Equitable Subrogation and Legal Malpractice (discusses 4th Dept. decision)...
Define That Term #276
Posted on March 30, 2008Last week's term was, in honor of our ex-governor, naked option, which is defined as: An opportunity to buy stock at a fixed price, offered by a seller who does not own the stock to back up the...
Second Circuit Forms Online
Posted on March 30, 2008Findlaw has a very useful resource for those of you who practice in federal court--commonly used forms for use in the Second Circuit Court of Appeals. And, the best part is that they're free. Of...
The New York Legal News Round Up
Posted on March 26, 2008It's time, once again, for the weekly round up of interesting New York law-related news headlines: Appeals Court Rejects N.Y. Airline Law (AP) Boy Named Sue: Inmate Takes on Everyone from the...
The Never-Ending Day
Posted on March 25, 2008This week's Daily Record column is entitled "The never-ending day." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can be accessed...
The New York Legal Blog Round Up
Posted on March 24, 2008Fellow New Yorkers, I ask you--where in the world is Spring? Alas, it certainly hasn't yet visited Upstate NY this cold Monday. Have any of you seen it yet? If so, send it along my way! Spring-like...
Define That Term #275
Posted on March 24, 2008The most recent term was floating easement, which is defined as: n. an easement (a right to use another's property for a particular purpose) which allows access and/or egress but does not spell out...
The NY Court of Appeals Considers the Issue of Grave Injury Yet Again
Posted on March 22, 2008On Thursday, the New York Court of Appeals handed down Fleming v Graham, 2008 NY Slip Op 02502. At issue was whether the plaintiff suffered from a "permanent and severe facial disfigurement" thus...
The New York Legal News Round Up
Posted on March 19, 2008It's been another eventful week in New York in the wake of Spitzer's resignation. But, I think we've all heard more than enough about that, so you'll find no headlines regarding that debacle in this...
Et tu, Eliot?
Posted on March 18, 2008This week's Daily Record column is entitled "Et tu, Eliot?" The article is set forth in full below and a pdf of the article can be found here. My past Legal Currents articles can be accessed here....
The New York Legal Blog Round Up
Posted on March 17, 2008Since last week's round up, we've now got ourselves a new governor. How about that? Enjoy this week's round up of interesting posts from my fellow New York blawgers. I can only hope that the week...
How Much of Your Finger Must Be Missing to Constitute a "Grave Injury"?
Posted on March 15, 2008In Castillo v 711 Group, Inc., 2008 NY Slip Op 01255, the Third-Party Appellant apparently believed that although Workers' Compensation Law § 11 expressly defined "grave injury" as including the loss...
The New York Legal News Round Up
Posted on March 12, 2008It's been a rather slow week in term of New York law-related news, but I'll do my best to come up with a round up worth reading. Take note of the first few headlines about a newsworthy case that has...
Muzzling Minor Dissent
Posted on March 11, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled "Muzzling Minor Dissent" The article is set forth in full below and a pdf of the article can be found here. My...
The New York Legal Blog Round Up
Posted on March 10, 2008It's a cold, cold Monday and time for the weekly round up of interesting posts from my fellow New York blawgers: Indignant Indigent: Recent Court of Appeals Decisions on Crawford v Washington (541 US...
$12 Million Inheritance Not Enough For These Heirs
Posted on March 07, 2008We've all heard of the "Prudent Investor" rule for Trustees and Executors of estates. But just how "prudent" does a Trustee have to be? Does a Trustee have a duty to do some possibly risky planning...
Define That Term #274
Posted on March 06, 2008Last Thursday's term was long cause, which is defined as: n. a lawsuit in which it is estimated that a trial will take more than one day. In many courts the so-called "short cause" cases will be...
The New York Legal News Round Up
Posted on March 05, 2008It's time, once again, for the round up of interesting New York legal news headlines from the past week: Informed consent at heart of New York lawsuit (Amednews.com) Judith Regan sued by her lawyers...
Indicting Ham Sandwiches
Posted on March 04, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled " Indicting a Ham Sandwich" The article is set forth in full below and a pdf of the article can be found here....
The New York Legal Blog Round Up
Posted on March 03, 2008It's time for the weekly round up of interesting posts from my fellow New York blawgers: New York Legal Update: Indictment Dismissed For Potential Bias Of Grand Juror New York Personal Injury Law...
Legal Bits & Bytes 3
Posted on February 29, 2008Here is yet another installment of Legal Bits & Bytes. At the outset, I apologize for the backdrop. It was an experiment--one that I will likely not duplicate. Also, I've now got a cold, right on the...
Define That Term #273
Posted on February 28, 2008Last Thursday's term was uberrimae fidei, a common term in admiralty law, which is defined as: Of the utmost good faith. No one guessed this time around. Today's term is: long cause. As always, no...
The New York Legal News Round Up
Posted on February 27, 2008It's snowing, again. But, then again, it's Upstate New York in February. And, it's time for the round up of interesting New York legal news headlines from the past week. NY Attorney Faces Criminal...
Why not err on the side of caution?
Posted on February 26, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled " Why not err on the side of caution?" The article is set forth in full below and a pdf of the article can be...
Maggie Brooks--Have You Been Reading My Column?
Posted on February 25, 2008I suspect that she has--or at least someone at the County Law Department read my recent article: It all Depends on How You Define Marriage. As reported in this Democrat and Chronicle article, the...
The New York Legal Blog Round Up
Posted on February 25, 2008Alas, the weekend is over and it's time for the weekly round up of interesting posts from my fellow New York legal bloggers: New York Attorney Malpractice Blog: Legal Malpractice and Personal Injury...
NYSBA Journal Commentary
Posted on February 23, 2008On p. 52 of the February 2008 NYSBA Journal appears the following, which I drafted on behalf of NYSBA Gender Equity Task Force Commission, of which I am a member. While my fellow committee members...
Define That Term #272
Posted on February 21, 2008Sunday's term was tenancy at sufferance, which is defined as: n. a "hold-over" tenancy after a lease has expired but before the landlord has demanded that the tenant quit (vacate) the premises....
The New York Legal News Round Up
Posted on February 20, 2008It's time for the weekly round up of interesting New York legal news headlines: Firm suspends NY lawyer in school district scandal (Newsday) NY Firm Denied in Bid to Drop Cancer-Patient Client (NY...
The New York Legal Blog Round Up
Posted on February 18, 2008It's time for the President's Day New York legal news round up of posts from my fellow New York bloggers: Juz the Fax: Amendment To New York Labor Law Section 220 - EFFECTIVE FEBRUARY 24, 2008 New...
Two New Online Legal Research Tools
Posted on February 17, 2008There are two new and free online legal research tools: The Public Library of Law: Via Fastcase access to cases from the U.S. Supreme Court, Courts of Appeals Cases from all 50 states back to 1997,...
Define That Term #271
Posted on February 17, 2008Last Sunday's term was expropriation, which is defined as: n. a taking of property or rights by governmental authority such as eminent domain, possibly including an emergency situation, such as...
Legal Bits and Bytes--The Many Benenfits of a Remote Office
Posted on February 15, 2008In this video I discuss how a remote office/flexible work schedule can actually be beneficial for both the employee and the employer in times of illness. This video is cross-posted at my new blog,...
Test Tube Babies Can Be Trust Fund Babies, Too
Posted on February 14, 2008Technology has drastically changed the ways in which children can be conceived, and children can now be conceived in a laboratory long after one or both parents have died. Trusts and Estates law,...
The New York Legal News Round Up
Posted on February 13, 2008It's just a few days until the weekend and time for the round up of interesting New York legal news headlines: Appeals Court Revives Fast-Food Lawsuit (AP) Title insurers face antitrust lawsuits in...
It all depends on how you define ?marriage?
Posted on February 12, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled "It all depends on how you define ?marriage? " The article is set forth in full below and a pdf of the article...
The (halfhearted) New York Legal Blog Round Up
Posted on February 11, 2008It's time for this flu-ridden blogger's halfhearted attempt at the weekly round up of interesting posts from my fellow New York law bloggers: Indignant Indigent: Other Significant AD 4th Department...
Define That Term #270
Posted on February 10, 2008Alas, I skipped this post on Thursday, but I have an excellent excuse. My entire household, with the exception of our dog, has been battling the dreaded flu for the past week. It was all I could do...
Newly Enacted NY Subpoena Rule
Posted on February 09, 2008CPLR 2303-a was recently enacted and became effective on January 1, 2008. This useful and time saving new rule simplifies the trial subpoena process by allowing a litigant to subpoena a party or a...
The NYCRR Now Available Online
Posted on February 08, 2008As promised, the NYCRR is now available for free in its entirety here. Hat tip: The Sienko Law Office Blog.
The New York Legal News Round Up
Posted on February 06, 2008It's time for the middle-of-the-week round up of interesting New York legal news headlines: Skyscraper Deaths Prompt New York to Plan New Rules (Bloomberg) Missing Woman Declared a Sept. 11 Victim...
Temptations of Utopia
Posted on February 05, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled "Temptations of Utopia" The article is set forth in full below and a pdf of the article can be found here. My...
Define That Term #269
Posted on February 04, 2008Thursday's term was peace bond which is defined as n. a bond required as part of a court order to guarantee that a person will stay away from another person he/she has threatened or bothered. The...
The New York Legal Blog Round Up
Posted on February 04, 2008It's time for the weekly round up of interesting posts from my fellow New York bloggers: Indignant Indigent: AD 4th Department Decisions of February 1, 2008 Juz the Fax: Second Circuit Says "No" To...
My Newest Blog
Posted on February 03, 2008I'd like to introduce you to my newest blog: Women Lawyers--Back on Track. I started this blog with the intent of to providing women lawyers with resources and information about the legal field and...
Fourth Department Holds New York Must Honor Gay Marriage Originating in Canada
Posted on February 03, 2008It's a decision that has already received much attention: Martinez v County of Monroe, 2008 NY Slip Op 00909. At issue in this decision was whether Monroe Community College properly denied health...
Legal Bits & Bytes 2
Posted on February 01, 2008In this video, I discuss the following: Solo By Choice: How to Be the Lawyer You've Always Wanted To Be, by Carolyn Elefant Report: Ohio Inmate DNA Testing Flawed (AP) Discredited Canadian...
Define That Term #268
Posted on January 31, 2008Sunday's term was bill of attainder, which is defined as: n. a legislative act which declares a named person guilty of a crime, particularly treason. Such bills are prohibited by Article I, Section 9...
The New York Legal News Round Up
Posted on January 30, 2008The work week is halfway over and you know what that means--it's time for the round up of interesting New York legal headlines from the past week: Federal Judge Blasts Lawsuit 'Madness,' Finds Breach...
The High Price of Partisan Politics
Posted on January 29, 2008This week's Legal Currents column, which is published in The Daily Record, is entitled "The high price of partisan politics." The article is set forth in full below and a pdf of the article can be...
Upcoming Appellate Advocacy Seminar
Posted on January 28, 2008For all of you appellate attorneys out there--there's a seminar in sunny Florida that you should check out. The upcoming Appellate Advocacy Seminar is sponsored by the DRI and will be held in...
The New York Legal Blog Round Up
Posted on January 28, 2008It's time for the weekly round up of interesting posts from my fellow New York blawgers: New York Attorney Malpractice Blog: Litigating against States (discusses First Department decision) New York...
Third Department Holds Miranda Violation Warrants New Trial
Posted on January 27, 2008In People v VanPatten, 2007 NY Slip Op 10408, the defendant was convicted after jury trial of Making a Terrroristic Threat in violation of Penal Law 240.20. The defendant, while in custody on a...
Define That Term #267
Posted on January 27, 2008Thursday's term was undisclosed principal, which is defined as: n. a person who uses an agent for his/her negotiations with a third party, often when the agent pretends to be acting for...
Useful Web Resource for NY Criminal Defense Practitioners
Posted on January 26, 2008I recently discovered a summary of recent New York criminal law decisions handed down during the second half of 2007, authored by Albany attorney Michael P. McDermott from the law firm O?Connell and...
Legal Bits & Bytes
Posted on January 24, 2008I'm taking another stab at video. Love it, hate it, ambivalent? Let me know. I'd greatly appreciate your feedback. In this video I discuss the following: Has AT&T Lost Its Mind? (Slate) Who's Cuddly...
Define That Term #268
Posted on January 24, 2008The most recent term was determinable, which is defined as: adj. defining something which may be terminated upon the occurrence of a particular event, used primarily to describe an interest in real...
The New York Legal News Round Up
Posted on January 23, 2008It's that time of the week--time for the round up of interesting New York legal news headlines from the past week: State Makes Bid to End Costly Tax-Refund Loans (NY Times via Consumer Law & Policy...
Blabbing About Blawging Over Beer and Beef
Posted on January 22, 2008I've been meaning to post about this gathering for some time, but with the holiday rush and a vacation immediately following the holidays, it just fell to the bottom of my to-do list. In late...
Flashback to Law School
Posted on January 22, 2008The Daily Record was not published yesterday due to the holiday, so tune in next Tuesday for the next installment of my Legal Currents column. In the meantime, let's take a brief jaunt back to law...
The New York Legal Blog Round Up
Posted on January 21, 2008I'm back from Florida and am enjoying the brisk, windy chill of my hometown once again. My advice: stay inside, stay warm and enjoy today's round up of interesting posts from my fellow New York...
Judicial selection, certifications and lies, oh my.
Posted on January 18, 2008Just a few quick New York highlights--direct from Florida. Old news already, but important news: the United States Supreme Court has upheld New York's judicial selection process. More here from...
The New York Legal Blog Round Up
Posted on January 17, 2008It's the belated New York blawg round up of interesting posts from my fellow New York blawgers: Juz the Fax: Administrative Exhaustion And Prevailing Wage Claims (discusses 3d Dept. decision) New...
The New York Legal News Round Up
Posted on January 16, 2008It's time for the weekly round up of interesting New York legal headlines: N.Y. Judge Rules Evidence in Celebrex Case Unreliable (AP) Attempted N.Y. jumper may face new charges (API) Spitzer Ignores...
Beyond These Four Walls
Posted on January 15, 2008I'm posting from sunny, albeit not exactly balmy, Florida. The New York legal news round up and blog round up will follow later on this week. In the meantime, enjoy this week's Legal Currents column,...
Programming Note.
Posted on January 13, 2008Posting will be bit lighter than normal for the next week, as this blogger enjoys the warmth and sun in Florida. However, upon my return, I expect to begin blogging in full force.
Useful Web Resource
Posted on January 11, 2008Today, while at a board meeting for a public interest legal organization that I'm involved with, I learned of an interesting and potentially very useful web resource, LawHelp.org-New York. Although...
Define That Term #267
Posted on January 10, 2008Sunday's term was contingent remainder, which is defined as: n. an interest, particularly in real estate property, which will go to a person or entity only upon a certain set of circumstances...
The New York Legal News Round Up
Posted on January 09, 2008Finally, I've got internet access after the "wind storm" that we just endured round-about-these-parts. Fortunately, I avoided severe withdrawal symptoms since I had intermittent access to the web via...
Blogrolling
Posted on January 08, 2008Thanks to the following blogs for recently adding a permanent link to Sui Generis to their blogroll: The Tablet PC Lawyer blog Lawyers, Guns and Money Georgia Wills and Probate Law Blog Tort...
Judge Not, Lest You Be a Judge
Posted on January 08, 2008This week's Legal Currents column, which is published in the Daily Record, is entitled "Judge Not, Lest You Be a Judge." The article is set forth in full below and a pdf of the article can be found...
The New York Law Blog Round Up
Posted on January 07, 2008It's time once again for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Complicated Privilege Question in Legal Malpractice...
Define That Term #266
Posted on January 06, 2008Thursday's term was cumis counsel, which is defined as: n. an attorney employed by a defendant in a lawsuit when there is an insurance policy supposedly covering the claim, but there is a conflict of...
Bronx ADA Plays Dumb--Who Is That Brady Guy, Anyway?
Posted on January 05, 2008People v Garcia, 2007 NY Slip Op 10467 is an unusual case. Not because of the ADAs actions--flagrantly violating Brady--but because the violation was actually discovered and the First Department came...
Big Brother Is Tracking You
Posted on January 03, 2008As predicted in one of my recent Daily Record articles and in this post in February of 2006, when this blog was in its infancy, the State Department recently approved the use of technology in US...
Define That Term #265
Posted on January 03, 2008Sunday's term was locus, which is defined as: (low-cuss) n. Latin for "place," it means "place which" this or that occurred. No one guessed this time around. Today's term is: cumis counsel. As...
The New York Legal News Round Up
Posted on January 02, 2008It's time for the first New York legal news round up of 2008. So, without further ado, here are some headlines from the past week: Lawyers: Judge put pressure on NY jury (AP) In Car With Student...
The Year That Free Speech Died?
Posted on January 01, 2008Happy New Year everyone! My first post of 2008 is this week's Legal Currents column, which is published in The Daily Record, is entitled "The year that free speech died?" The article is set forth in...
Don't Believe the Hype
Posted on December 30, 2007Last week's Legal Currents column, which is published in The Daily Record, is entitled "Don't believe the hype." The article is set forth in full below, and a pdf of the article can be found here. My...
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