New York

Curfew Fails Abused Children

Posted on June 16, 2009
This 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, 2009
If 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, 2009
It'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, 2009
Last 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...

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Free Screencast- "Web-based Law Practice Management Systems"

Posted on June 10, 2009
For 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, 2009
This 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, 2009
It'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, 2009
The 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, 2009
It'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, 2009
Last 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, 2009
It'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, 2009
Posting 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, 2009
Here'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, 2009
This 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, 2009
It'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, 2009
Last 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, 2009
It'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, 2009
This 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, 2009
It'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, 2009
UPDATE: 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, 2009
It'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, 2009
UPDATE: 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, 2009
This 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, 2009
It'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, 2009
Last 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, 2009
I'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, 2009
It'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, 2009
This 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, 2009
It'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, 2009
Last 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...

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