New York

The New York Legal News Round Up

Posted on April 22, 2009
It'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, 2009
This 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, 2009
Last 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, 2009
It'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...

To access this complete feed in the blog feed reader login or register for free.

The New York Legal News Round Up

Posted on April 16, 2009
It'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, 2009
This 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, 2009
It'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, 2009
Last 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, 2009
It'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, 2009
This 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, 2009
It'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, 2009
Last 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, 2009
A 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, 2009
This 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, 2009
It'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, 2009
The 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, 2009
It'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, 2009
Here 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, 2009
FYI--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, 2009
The 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, 2009
It'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, 2009
This 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, 2009
It'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, 2009
I 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, 2009
It'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, 2009
This 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, 2009
It'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, 2009
The 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, 2009
Last 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, 2009
Posting 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...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.