January 2013 Archives

Electronically-In-Touch

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January 2013

Dear Young Lawyers Section Members:

Welcome to the latest edition of Electronically-In-Touch, the e-publication of the NYSBA Young Lawyers Section. The current issue includes a message from our section chair, a recap of the events at the annual meeting, upcoming events, and updates from Corporate Counsel and Tax Law liaisons. We then have articles on the Disaster Legal Services and Health Care Reform. We are always looking for submissions so please keep your articles coming to Electronically-In-Touch.

The Officers of YLS and the Editors of Electronically-In-Touch also wish to make clear that the thoughts and opinions expressed in the articles that follow are those of the respective authors alone, and do not represent the opinions of the NYSBA Young Lawyers Section, or its Officers or Executive Committee.

Erin K. Flynn, Esq.
Editor in Chief, Electronically-In-Touch
Erin.K.Flynn@gmail.com

Brian M. Doyle, Esq.
Managing Editor, Electronically-In-Touch
doylebm@gmail.com

Chair's Message

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Hello again, and welcome to the January 2013 edition of the YLS Electronically-In-Touch publication! As we begin a new year, we are also at the end of a successful NYSBA Annual Meeting. The Young Lawyers Section held a very successful half-day CLE program, chaired by Erica M. Hines, Esq., on Wednesday, January 23, 2013. That CLE was followed by the annual presentation of the Outstanding Young Lawyer Award to James (Jimmy) Paulino II. NYSBA President Seymour James presented the Award to Jimmy. Following the OYL presentation, YLS held its Annual Meeting Executive Committee Meeting. Much business was conducted and discussed, including upcoming Section events. In addition, YLS members elected the 2013-2014 Officers and Executive Committee positions. Congratulations to Erica M. Hines, Esq., our newly elected Secretary-Elect, who will take over the office of Secretary on June 1! Congratulations, as well, to Sarah Gold, Esq. who will become Chair-Elect, and Jason M. Clark, Esq. who will become Treasurer, on June 1. Lisa R. Schoenfeld, Esq., of course will move from Chair-Elect to Chair, and lead the Section through the 2013-2014 Term - the 75th Year of the Section. On Thursday and Friday, January 24-25, 2013, YLS held its annual Bridge-the-Gap CLE program. The program provided 16 CLE credits, and was co-chaired by Alena Shautsova, Esq. and Erin K. Flynn, Esq. It was a great success, with well over 100 attendees each day. The New Year is off to a good start for YLS, and we go into the last leg of the 2012-2013 Term on solid footing in terms of programming, financials and membership. Our members now number more than 4,900, and we are closing in on the 5,000 mark that I set as one of the goals of my Chair year back on June 1! In fact YLS was recently, for several weeks, the largest Section of NYSBA, and continues to run neck-and-neck with the Trusts & Estates Section for the top membership position. Moving ahead, we look forward to the Fourth Annual Trial Academy, being held at Cornell Law School, in Ithaca, New York, on March 20-24, 2013. After that, YLS will have the now-annual U.S. Supreme Court Admissions Program in Washington, D.C., on June 9-10, 2013 - the first program of the 2013-2014 Term. We are also eagerly preparing to hold our 75th Anniversary celebration, which will take place during the summer in New York City - please keep your eyes open for more details soon to be available! I look forward to your continued involvement with YLS in the months to come, and if you would like to become more involved with YLS committees, activities, or event planning please contact me, any of the YLS Officers, or our Staff Liaison Tiffany Bardwell.

Regards,
Michael

Michael L. Fox, Esq.
Section Chair

Annual Meeting Recap

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Young Lawyers Section Half Day MCLE Program at the 2013 NSYBA Annual Meeting

On January 23, 2013, the NYSBA Young Lawyers Section presented a half day MCLE program at the Hilton in New York. The program included two portions: an intriguing presentation on Significant 2012 Decisions of the Court of Appeals and the Four Appellate Division Departments by Alan J. Pierce, a partner at Hancock Estabrook, LLP in Syracuse, New York, followed by an energetic panel discussion on Young Lawyers Serving Nonprofits: Making the Most of Opportunities and Avoiding Ethical Issues presented by Lesley Friedman Rosenthal (VP, General Counsel, and Secretary of Lincoln Center for the Performing Arts, and author of the best-selling book Good Counsel: Meeting the Legal Needs of Nonprofits), Sonia Low (General Counsel of the Chinese-American Planning Council), and Kimberly Ayers Shariff (Deputy General Counsel of Lincoln Center for the Performing Arts). The event was well-attended and was followed by the Section's Outstanding Young Lawyer Award Presentation and Executive Committee Luncheon Meeting.

Erica M. Hines, Esq.
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Outstanding Young Lawyer
2013 James Michael Paulino II, Esq. Rochester

Watching his father try child abuse and neglect cases for Monroe County Child Protective Services for 30 years, James M. Paulino II grew up with a deep respect for the law as "an agent for social good in the community." Teenagers in Rochester today have a similar role model in the younger Paulino, who serves as a mediator for the Rochester Teen Court and has recruited many other young lawyer volunteers.

In recognition of his thriving legal career and commitment to his native Rochester community, Paulino received the Outstanding Young Lawyer Award on January 23 during the Young Lawyers Section's luncheon. The award honors a young lawyer who has rendered outstanding service to both the community and legal profession. The Monroe County Bar Association's Young Lawyers Section nominated Paulino for the award.

An associate at Faraci Lange LLP, Paulino concentrates his practice in both commercial and personal injury litigation. He began his career as an associate at Ward Greenberg Heller & Reidy LLP. Colleagues cited his infectious energy and drive, noting that he is one of the first attorneys to arrive to the office and often the last to leave.

As he maintains a busy caseload, Paulino gives back to his community through the law. He is a past chair of the MCBA's Young Lawyers Section and was the Section's delegate to the American Bar Association's Young Lawyers Division. He received the Monroe County Bar Association's Emerging Bar Leader Award in June 2012.

Through the MCBA's Young Lawyers Section, Paulino got involved with the Rochester Teen Court, a diversion program operated by the Center for Youth for young adults who have committed first-time, non-violent crimes. "It's a great program," says Paulino. "It gives kids the opportunity to learn from their mistakes by taking responsibility for what they did wrong." The Young Lawyers Section also hosts an annual silent auction to support the Teen Court, which has raised in excess of $23,000 over the past four years.

Paulino now serves on the board for the Center for Youth and is a liaison between the Center and the Young Lawyers Section.

He is particularly grateful for the support and acknowledgment from his Rochester peers, "To be publicly recognized by the attorneys I work with by nominating me for this award, and then to have those on a statewide level select me, means a lot," said Paulino.

Within the State Bar, Paulino is a member of the Young Lawyers Section and the Committee on Court Structure and Operations. He chairs the committee's Subcommittee on E-Filing and co-authored its "Report on the Status of E-Filing in New York Courts," which was approved by the State Bar's Executive Committee in March 2012.

"What makes Jimmy an Outstanding Young Lawyer is not simply that he can get the job done, it is his ability to navigate a relatively divisive issue while remaining committed to ensuring that litigants receive efficient and uniform access to justice across our State." wrote Past President Stephen P. Younger, who chairs the committee, in his nomination letter.

Paulino also assisted in researching and writing the 2010 report to the New York State-Federal Judicial Council, "Harmonizing the Pre-Litigation Obligation to Preserve Electronically Stored Information in New York State and Federal Courts." Hon. Carmen Beauchamp Ciparick said the report was an "invaluable resource" and "aid to lawyers who practice in the New York State and federal courts as well as the judges of these courts."

A magna cum laude graduate of both the University of Rochester and the University of Notre Dame Law School, Paulino also earned a master's degree from the University of York, England. He also serves as a member of the Town of Irondequoit's Zoning Board of Appeals, a volunteer coach for the University of Rochester's Mock Trial team, and previously was a board member of the Charles Finney School, his high school.

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Michael L. Fox, Esq., Chair Young Lawyers Section, James Michael Paulino II, Esq., 2013 Outstanding Young Lawyer, and Seymour W. James, Esq., President New York State Bar Association.

Bridging the Gap

On January 24 and 25, 2013 the Young Lawyers Section presented the two-day Bridging the Gap "Learning from the Stars" program at the NYSBA Annual Meeting. Bridging the Gap helps young attorneys familiarize themselves with important practical points in various areas of laws while earning necessary CLE. Although the Young Lawyers Section presents the program on an annual basis, the program's topics and the list of the speakers are updated each year, making the program appealing for those who would like to re-take it.

As the program co-chairs, we had the pleasure and honor of inviting leading experts in varying areas of law, who shared their expertise and wisdom with the newly admitted attorneys for two days. The section worked hard on securing the participation of the following outstanding speakers, as they are highly desired presenters for many national and state events.

The program commenced with Hon. Jerald S. Carter, Tucker C. Stanclift, Esq., and Robert G. Wells, Esq. presenting memorable advice on handling your first misdemeanor. The morning continued with Catherine A. Sheridan, Esq. covering the ethical implication of starting your own practice, including retainer letters, escrow accounts, and conflicts that can arise with sharing office space. Eric J. Dinnocenzo, Esq. concluded the morning with a presentation on landlord tenant law, including a discussion on non-payment petitions and holdover petitions.

Lucille A. Fontana, Esq. and Timothy J. Fennell, Esq. started the afternoon with a lecture on commencing a civil action in state court. Michael L. Fox, Esq., the chair of the Young Lawyers Section, continued the program by covering electronic discovery and document preservation. Next, Zach N. Goldstein, Esq., explained how to effectively negotiate. The day concluded with Lisa R. Schoenfeld, Esq. (the chair elect of the Young Lawyers Section), and Karen M. Platt, Esq. giving a presentation on how to represent the non-moneyed spouse, including pendent lite motions and fee agreements.

The Bridging the Gap program continued on Friday with Anthony J. Colleluori, Esq. and Lisa Solomon, Esq. giving a discussion on how to establish and build your own legal practice. Jeremy R. Feinberg, Esq. and David A. Lewis, Esq. used entertaining and intriguing examples to present Ethical Pitfalls for Young Attorneys. Boris Serebro, Esq. continued the program with Real Estate Basics. The morning concluded with Anne R. Copps, Esq. presenting specific ethical issues that come up during real estate transactions.

Friday afternoon was kick-started by Peter Gerstenzang, Esq., Eric H. Sills, Esq., and Sherry Levin Wallach, Esq. giving an engaging presentation on how to defend a DUI case. Jeremy R. Poland, Esq. and Svetlana Sobel, Esq. continued the program with the Basics of Business Law and Corporate Formation. Joanne Macri, Esq. and Allen E. Kaye, Esq. closed the program with Immigration basics and points for representing non-US citizens in connection with criminal charges.

Overall, Bridging the Gap 2013 covered ten different areas of practice, provided 16 CLE credit hours and hundreds of pages of very helpful printed materials containing samples of motions, contracts, and reference charts. Most importantly, it provided even though a short, but invaluable access to the best of the best in the legal profession.

Alena Shautsova, Esq.
Erin K. Flynn, Esq.

Trial Academy

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Young Lawyers Section Trial Academy
Wednesday, March 20, 2013 through Sunday, March 24, 2013

Cornell Law School
Ithaca, NY

The New York State Bar Association Trial Academy is a five-day trial techniques program that will teach, advance and improve the courtroom skills of young and new lawyers with an emphasis on direct participation.

Under New York's MCLE rule, this program has been approved for a total of 37.5 credit hours; 2.0 credits in Ethics and 35.5 credits in Practical Skills. This program is transitional and therefore suitable for newly-admitted attorneys.

Click here for more information

Events of Interest

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Dispute Resolution Section Professional Networking Cocktail Reception
Thursday, February 7, 2013
Dorsey & Whitney LLP
51 West 52nd Street (at Sixth Avenue),
9th Floor
New York City
6:00PM - 8:00PM
Interested in pursuing a career in Dispute Resolution? Then come join us for cocktails, hors d'oeuvres, and an important discussion about securing employment in the field.
All New York State law students are invited to attend and participate. A great opportunity to network with established members of the legal community. Space is limited; please rsvp to your school's designated event contact person.
Free Admission for Dispute Resolution Section Members, $10 admission for all others. Click here for more information.
TO RSVP, please contact ROSS KARTEZ: rkartez@franzscherlaw.com


iPad for Legal Professionals | LPM CLE Webcast
Monday, February 11, 2013
1:00 p.m. - 2:00 p.m.
1.0 MCLE Credits
The New York State Bar Association Law Practice Management Committee and the Committee on Continuing Legal Education are pleased to present a free CLE webcast for NYSBA members on Monday, February 11, 2013 at 1:00 p.m. iPad for Legal Professionals - How to's and Best Practices will provide an overview of how an iPad can become an essential part of your daily law practice workflow. Learn how you can get the absolute most out of your iPad.

Featuring John R. McCarron, Jr., Esq., this program will provide useful tips and ways you can maximize the use of your iPad in your law practice.

This program is open to all NYSBA members. The last day to pre-register online is February 10, 2013. Register online now
This program will be streamed live from the State Bar Center in Albany. Newly admitted attorneys are encouraged to attend in person as they cannot receive MCLE credit for their participation in CLE webcasts/webconferences.


Lawyers in Transition Breakfast | 401K Plans and Transition

Wednesday, February 13, 2013
Neuberger Berman Wealth Management
605 3rd Ave
36th Floor
New York, NY 10158
8:30 a.m. - 10:00 a.m.

Free Networking Breakfast
Sponsored by the Committee on Lawyers in Transition

Start your day off with breakfast and a discussion on transition and personal finance issues. Seth Finkel from Neuberger Berman Wealth Management will discuss the ins and outs of 401K plans and transition.
Coffee and a light breakfast will be provided.

Seating is limited and pre-registration is required. If you register for the event and are unable to attend, please be sure to call and cancel as soon as possible so that we can offer the spot to another NYSBA member. The last day to pre-register online is February 13, 2013. Register online now


What You Need To Know about Participating in the Lawyer Referral Service

Thursday, February 28, 2013
The New York Times Building
620 Eighth Avenue (Between 40th and 41st)
New York, NY 10018-140
12:00 p.m. - 2:00 p.m.

Live Program and Free Webcast

Sponsored by the Committee on Lawyers in Transition

Please note: This program does not carry MCLE credit.

This webcast is free* to all attorneys, but pre-registration is required. Seating is limited. NYSBA members and student members are invited to attend in person to be a part of the live audience. The non-member, in person registrant fee is $25.

In-person participants must arrive by 11:30 a.m. Pre-registration is required. The last day to pre-register online is February 28, 2013. Register online now


Corporate Counsel Liaison Report

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The corporate counsel section had a busy year. On November 27, 2012, at the Kimberly Hotel, the section hosted its annual membership appreciation event. This event is open to all section members and serves as an opportunity to meet and network with members of the section. On January 23, 2013, the section organized a CLE on Employee Benefits and Retirement Planning. This CLE included a discussion on Obamacare for businesses.

In 2013, the section will continue its annual fellowship program. The fellowship provides a grant in the amount of $6000.00 to a legal public interest or charitable organization to offer a first or second year law student of a diverse background a summer fellowship.

Over the past year, the section has zealously advocated the proposal to amend the rules concerning the practice of pro bono services by New York registered in-house counsel. In June 2012, NYSBA House of Delegates and the Executive Committee approved the proposed amendment. If interested, individuals and/or firms can download forms to support the proposal to amend the Court of Appeals rules with regards to pro bono and in-house counsel. Please stay tuned in 2013 for more events and CLE programs sponsored by the Corporate Counsel section.

Naomi K. Hills, Esq.

Tax Law Liaison Update

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• The Tax Section's Under 10 Club regularly hosts professional development and networking events for members of the tax section with fewer than ten years of legal experience. The last meeting for the Under 10 Club was held November 15, 2012 and included a presentation on the "Recently Adopted 'Qualified Reopenings' and 'Publicly Traded' Regulations."
• More information about the Tax Section and its meetings can be found at http://www.nysba.org/AM/Template.cfm?Section=Tax_Home&Template=/CM/HTMLDisplay.cfm&ContentID=145784
• For information about joining the Tax Section, please see http://www.nysba.org/AM/Template.cfm?Section=Join_the_Tax_Section

Elizabeth McGee, Esq.
Tina Tsao, Esq.

Disaster Legal Services

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SANDY AFTERMATH: DISASTER LEGAL SERVICES IN NEW YORK
Alena Shautsova, Esq.

For the past two years our state has been struck by natural disasters, one worse than the other. While the New York Upstate area was still recovering after the devastating hurricanes Irene and Lee of 2011, the Downstate had to meet the next shattering Hurricane Sandy. Sandy's aftermath is horrifying. Even though some losses can never be repaid, there is free legal help available for New York residents that may alleviate some burdens during this difficult time.

For two consecutive years, the Disaster Legal Services Program (the "DLS") in New York provided efficient first-response to the legal needs of the survivors and victims of the hurricanes. The program is coordinated by the American Bar Association Young Lawyers Division District Representative under the contract with FEMA, and supported and administrated by the New York State Bar Association. The members of the New York State Bar Association, directed by Eva Valentin-Espinal of the Lawyer Referral and Information Service, have been donating their time to provide free legal help to those in need. The DLS operates through a free hotline number (1-800-699-5636) that matches those affected by the storm with attorney volunteers in their needed area of law.

To date, 1,762 persons have contacted the hotline and 89 volunteers have assisted 792 of them with the Insurance, Bankruptcy, Contracts, Landlord/Tenant, Immigration, FEMA, and other matters. The overwhelming majority of the claims are related to Insurance, Landlord/Tenant and FEMA issues. In addition to the hotline services, the New York City Bar Association, and other local bar associations and volunteers also provide assistance at the NYC Restoration sites live locations in the boroughs affected by the disaster.

The success of the DLS program is conditioned upon commitment from the attorney volunteers who are willing to spend time interviewing the victims and providing free legal assistance. To register as a volunteer, attorneys should visit http://sandylegalrelief.wordpress.com/ website and follow the instructions under the "for volunteers" link.

Alena Shautsova is a principal at the Law Office of Alena Shautsova, a full service Immigration Law Firm. She is the ABA Young Lawyers Division District Representative for New York. She can be reached at a.shautsova@gmail.com and encourages her colleagues to contact her with questions.

Health Care Law

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Health Care Reform: A Practical Guide For What To Tell Clients And Business Contacts When They Ask

By William J. Cannici, Jr., Esq.


"So what's going to happen with Obamacare?" Regardless of the type of law you practice, it is a question often asked by clients and one of the first questions you hear when someone you meet finds out you are a lawyer. Putting politics aside, up until June 2012 most attorneys could cobble together something intelligent to say about the Commerce Clause before acknowledging it was ultimately going to be up to the Supreme Court. Now that the most substantial constitutional issues have been addressed by Chief Justice Roberts, and President Obama has secured another four years in the White House, health care reform is here to stay. So what do you say when you address that inevitable question? I typically divide my response into two parts: what is certain (a relative term) and what is not.

What Is Certain

Many beneficial reforms under the health reform law are already in effect and people may already receive or be entitled to new benefits of which they are not even aware. 1 Most people know that children can now typically stay on their parents' health insurance until age 26. But were you aware that free preventive services, including immunizations, are available to people in increasing numbers of private health plans, and that women under those plans are entitled to even more preventive care free of charge? Or that senior citizens and other Medicare beneficiaries have been receiving significant rebate checks and discounts (up to 50%) on prescription drugs and they can expect even bigger discounts in the coming years? 2 Health insurers are no longer able to make unreasonable premium increases without governmental review and public disclosure. Even better, people with pre-existing conditions who have been uninsured for at least six months can now access health care subsidized by the federal government, and soon insurers will be barred from discriminating against these individuals altogether. Insurers may also begin to appear more consumer friendly as they continue to implement mandatory reforms to their business practices throughout the coming years, including the requirements to explain their health plans in standardized plain-English forms, to refrain from setting lifetime limits on insurance coverage or cancelling coverage if an insured gets sick, to eliminate annual limits, to expand and standardize consumers' right to appeal an insurer's decision regarding coverage or claims and provide for an external review by an independent organization, and to issue rebates should they fail to spend a certain percentage of collected premiums on paying claims or on improving health care quality for customers. In certain markets, insurers will be required to offer a core package of essential health benefits from ten specified categories, and will no longer be able to charge higher premiums based on a person's health status or gender. Further, low-income individuals in certain states, likely including New York, may notice increased access to Medicaid benefits such as expanded coverage for childless adults. 3

On the downside, the health reform law will have a negative financial impact on people in ways that you may have already noticed. As a means of raising revenue to pay for the law, flexible spending accounts can no longer be used to pay for over-the-counter drugs, and in 2013 there is a $2,500 cap on these accounts. High earners ($85,000 for individuals, $170,000 for those filing jointly) have to pay more for Medicare premiums. Many of these people will be less-than-thrilled to learn that 2013 will bring new and higher Medicare taxes, generally for those earning more than $200,000 ($250,000 when filing jointly). Other potentially negative repercussions include a 10% tax on indoor tanning services, a tax on high premium health insurance, and a raised threshold for deducting unreimbursed medical expenses (now 10% from 7.5% of adjusted gross income).

The big date in health reform is January 1, 2014. On that date, anyone who does not yet have insurance and fails to obtain it, through an exchange, an employer, or otherwise, will be subject to a tax pursuant to the much discussed individual mandate. The tax will initially be the greater of $95 per person, $285 per family, or 1% of income, but it will rise substantially thereafter. Exemptions from the tax, and subsidies to buy health insurance, apply to various groups, but particularly those near the poverty level. Of course, the first day of 2014 is also the deadline for every state to have an operational insurance exchange, typically available online or by telephone, where people and smaller businesses (and possibly larger businesses in a few years) will be able to shop for insurance. But regardless of where they get their health insurance, the fact is that in 2014 it is likely that more Americans will have insurance.

The health reform law also codified a seismic shift in the ideology driving reimbursement to health care providers that has been in the making for years, if not decades. 4 Traditionally providers have been paid on a fee for service basis determined by the number of patients they saw and how many services they actually performed. Under the health reform law, certain federal health care program payments to these providers will now be linked to quality performance. 5 By linking reimbursement directly to quality instead of quantity, the hope is this "pay-for-performance" system will offer health care providers systematic financial incentives to provide better outcomes for patients. 6

What Is Uncertain

No one can predict with any degree of certainty whether the multitude of moving parts of the health reform law will be successful. Much of health care reform is yet to be defined, as the law was light on specifics and left much of its implementation to regulatory action. Perhaps the law's uncertainty or, depending on how you look at it, flexibility, was necessary to get Congress to accept the reform of such a deeply entrenched, unique, politically powerful, and universally necessary industry like health care. 7 Much of what is truly going to become "health reform" is still being hammered out by the federal agencies, in the individual states, and in the courts. Perhaps the most headline-grabbing court cases at issue lately involve challenges to the contraception coverage mandate in the health reform law by certain employers, including private companies and religious organizations, which object to being forced to provide such coverage. 8 Political and legal challenges such as these can be expected to continue throughout the implementation process, and it seems likely that some tests will actually have a measurable impact on health reform.

The face of health reform for the average American will depend largely on decisions by each state with respect to matters such as whether to run its own insurance exchange and whether to expand Medicaid. People in New York and Connecticut, both of which have decided to set up their own exchanges, can expect to have a different experience from people in New Jersey and Pennsylvania, which have opted for the federal exchanges, not to mention the states that have opted to establish exchanges through a state-federal partnership. 9 Likewise, Medicaid expansion in 2014 would mean that many more low-income individuals will be eligible for Medicaid. Those states that choose to expand Medicaid will receive elevated federal funding for new enrollees, while those opting not to expand can maintain higher eligibility thresholds but will forego these augmented funds. It currently appears New York is planning to expand Medicaid, while New Jersey may not, Pennsylvania is undecided, and Connecticut has already committed to the expansion. 10

People may also feel the effects of health reform's mandate for employers as businesses decide whether to offer insurance to employees. In 2014, employers with 50 or more full-time employees are required to either make affordable health care coverage available to employees, or to pay a penalty. While it may seem like most affected employers would offer adequate insurance, employers may quickly discover that they can avoid the penalty by converting full-time employees to part-time, or that it would actually be cheaper to pay the penalty than it would to provide the insurance. 11 Thus employees expecting employer-provided insurance under the health reform law may be surprised to find themselves utilizing one of the newly-formed insurance exchanges.

Whether the true cost of health insurance for people will rise or fall is really anyone's guess. Downward pressure will come from the influx of people in the health insurance market. At the same time, costs will be driven up by a newly insured population that may include older and unhealthier people than the traditionally insured population, as well as by the new demands placed on insurers' business practices and revenues. One outcome of this readjustment to the insurance market could be that after a volatile rash of premium spikes and dips for various groups in certain states, the young and healthy may see their premiums go up, while the elderly and sick may see their premiums go down. But this cost shift would come with a big asterisk: no one stays young and healthy forever.

Conclusion

When someone asks for your take on health reform as a lawyer, they usually just want to find out "what's it gonna do for me" and "what's it gonna cost me." As any good attorney knows, the answer is, as always, it depends. Ultimately, the health reform law is going to impact people differently based on their age, income, health, and their home state. If one thing is for certain, it is that the way we consume and pay for our health insurance and care in this country - affairs long left mostly to the discretion of private parties, but now being shifted more to the realm of government decision-making 12 - is going to change. While change is rarely free, and may actually be fairly expensive in this case, with the health reform law America has wagered that any up-front cost could amount to an investment in future savings and benefits that would not have otherwise existed if health care remained un-reformed.

William J. Cannici, Jr. is a New York attorney and an Associate at Wolff & Samson PC. William is a member of the firm's Health Care and Hospital, and Corporate and Securities Groups, representing health care professionals, physician groups, health and hospital systems, medical device and pharmaceutical companies, and other health-related entities. William provides both health care corporate and regulatory counseling, advising clients on matters such as Medicare/Medicaid Reimbursement, HIPAA/HITECH compliance, state licensing, and state health care/professional regulatory compliance. The author can be reached at wcannici@wolffsamson.com.

1 Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), amended by Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) (hereinafter "ACA"). See also Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012); HealthCare.gov, http://www.healthcare.gov/index.html (last visited Jan. 16, 2013); Implementation Timeline - Kaiser Health Reform, http://healthreform.kff.org/timeline.aspx (last visited Jan. 16, 2013) (providing a useful implementation timeline). Each of the sources cited in this footnote were consulted for the background information for this article.
2 See, e.g., News Release, HHS Press Office, U.S. Department of Health & Human Services, Through the Affordable Care Act, Americans with Medicare will save $5,000 through 2022 (Sept. 21, 2012), available at http://www.hhs.gov/news/press/2012pres/09/20120921a.html.
3 Where each state stands on ACA's Medicaid expansion, http://www.advisory.com/Daily-Briefing/2012/11/09/MedicaidMap#lightbox/1/ (last visited Jan. 16, 2012) (indicating New York is "Leaning Toward Participating").
4 See, e.g., Julia James, Pay-for-Performance, Health Affairs (Oct. 11, 2012), http://www.healthaffairs.org/healthpolicybriefs/brief.php?brief_id=78.
5 Id.
6 Id.
7 See Lawrence R. Jacobs, America's Critical Juncture: The Affordable Care Act And Its Reverberations, 36 J. HEALTH POL. POL'Y & L. 625, 628-629 (June 2011).
8 See, e.g., Hobby Lobby Stores, Inc. v. Sebelius, 133 S. Ct. 641 (Sotomayor, Circuit Justice 2012) (denying an application for an injunction pending appellate review by private organizations and individual plaintiffs seeking to avoid complying with the contraception coverage mandate on religious grounds).
9 See Where the states stand on health insurance exchange decisions, http://www.advisory.com/Daily-Briefing/2012/12/12/Insurance-exchange-tracker#lightbox/0/ (last visited Jan. 16, 2013).
10 See Where each state stands on ACA's Medicaid expansion, http://www.advisory.com/Daily-Briefing/2012/11/09/MedicaidMap#lightbox/1/ (last visited Jan. 16, 2013).
11 David Boling, The Affordable Care Act: The Boiled-Down Version, 47 ARK. LAW. 16, 18-19 (Winter 2012).
12 See Jacobs, supra note 7.

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Electronically-In-Touch is the monthly electronic news-publication of the NYSBA Young Lawyers Section (YLS). It is a member driven publication, encouraging YLS members to write articles, and as such we would welcome submissions from members on any relevant topic, including practice tips, substantive legal articles, case updates, work/life advice, and information regarding upcoming meetings and events. Please submit articles to Erin K. Flynn, Esq., at erin.k.flynn@gmail.com, no later than the 20th of the month.

Electronically-In-Touch

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December 2012

Dear Young Lawyers Section Members:

Welcome to the latest edition of Electronically-In-Touch, the e-publication of the NYSBA Young Lawyers Section. The current issue includes a message from our section chair, upcoming events, photographs from district holiday parties and updates from Health Care Law and Labor & Employment Law liaisons. We then have an article on the new pro bono admission requirement. We are always looking for submissions so please keep your articles coming to Electronically-In-Touch.

The Officers of YLS and the Editors of Electronically-In-Touch also wish to make clear that the thoughts and opinions expressed in the articles that follow are those of the respective authors alone, and do not represent the opinions of the NYSBA Young Lawyers Section, or its Officers or Executive Committee.

Erin K. Flynn, Esq.
Editor in Chief, Electronically-In-Touch
Erin.K.Flynn@gmail.com

Brian M. Doyle, Esq.
Managing Editor, Electronically-In-Touch
doylebm@gmail.com

Chair's Message

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Dear Section Members:

Well, believe it or not we have reached the end of 2012, and have passed the half-way point in my term as Chair! Time is certainly flying by. Welcome to the December issue of Electronically-In-Touch! As the Holiday Season draws to a close, I hope that everyone had a peaceful and joyous Season - while our thoughts remain with those still coping with the aftermath of Superstorm Sandy and the Newtown, Connecticut tragedy. This Holiday Season, YLS held several successful events that aside from their fun and merriment, also had a charitable component to them. Thanks to all who attended. Again, this month we have several interesting and informative articles, and we hope you enjoy them. As always, if you have a topic on which you would like to publish, or an event for the YLS that you would like to advertise or promote, please contact me, the EIT Editors, and/or our incomparable Staff Liaison Tiffany Bardwell. Now, as the Annual Meeting approaches (the week of January 21-26, 2013 in New York City), I would like to tell you about some of the specific events you should be sure not to miss. On the morning of Wednesday, January 23, 2013, YLS is holding a half-day CLE program at the Hilton NYC. Right after that will be the YLS Executive Committee meeting, and the presentation of the Outstanding Young Lawyer Award beginning at 12:30pm. Later that afternoon, YLS is proud to be one of the co-sponsors of the NYSBA Presidential Summit. Thursday and Friday, January 24-25, YLS is hosting its Annual 2-day Bridge-the-Gap CLE program, also at the Hilton NYC. YLS will be proudly co-sponsoring the Ninth Annual Edith I. Spivack Symposium and Sixth Annual Kay C. Murray Award Luncheon, on Tuesday, January 22. The YLS Nominating Committee, through the Section's Secretary, will present the slate of nominees for the 2013-2014 Executive Committee at the YLS Executive Committee meeting on January 23. Nomination forms were due December 14. Additionally, we will be excited to draw closer to the deadlines for the submission of posters and essays for the First Annual YLS Civics Prize. Finally, our membership numbers continue to grow as we find ourselves in the midst of a membership drive reaching out to 3L law students and those who recently passed the New York State Bar Exam (and congratulations to them!). Again, best wishes to all, thank you for your membership in the YLS, and I look forward to seeing you at some or all of the Annual Meeting events in January. Happy New Year!

Sincerely,
Michael L. Fox, Esq.
Section Chair

Young Lawyers Annual Meeting Program

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Young Lawyers Annual Meeting Program
Wednesday, January 23, 2013 through Friday, January 25, 2013
Hilton New York, 1335 Avenue of the Americas, New York City


Young Lawyers Section Annual Meeting
Wednesday, January 23, 2013
8:45 a.m. - 12:00 p.m.

The Young Lawyers Section Annual Meeting program will cover the following topics:

1) Significant 2012 Decisions of the Court of Appeals and the four Appellate Division Departments - This program will address some of the most significant decisions of the New York Court of Appeals and the four Appellate Division Departments of 2012, with an emphasis on the last six months of the year.

2) Young Lawyers Serving Nonprofits: Making the Most of Opportunities and Avoiding Ethical Issues - This program will empower young lawyers to initiate and strengthen their relationships with charities and step up their professional skills.

This program will earn 3.5 credits hours consisting of 1.5 credit hours in Areas of Professional Practice and 2.0 credit hours in Ethics and Professionalism. Register online now!


Outstanding Young Lawyer Award Presentation
Wednesday, January 23, 2013
12:30 p.m. - 1:00 p.m.

We are privileged to invite you to attend the Young Lawyers Section Outstanding Young Lawyer Award Presentation. Each year the Young Lawyers Section of the New York State Bar Association honors a young lawyer who has rendered outstanding service to both the community and legal profession. The Outstanding Young Lawyer Award recognizes an attorney who has a distinguished record of commitment to the finest traditions of the Bar through public service and professional activities. This year's recipient is James Michael Paulino II of Faraci Lange, LLP in Rochester. In an effort to showcase our Outstanding Young Lawyer Award recipients to law students, new attorneys and young lawyers alike, this year's award presentation will take place following the Young Lawyers Section program.


Young Lawyers Section Executive Committee Meeting
Wednesday, January 23, 2013
1:00 p.m. - 3:00p.m.

The Executive Committee Meeting with directly follow the Outstanding Young Lawyer Award Presentation. All section members are encouraged to attend.


Bridging the Gap 2013
Thursday and Friday, January 24-25, 2013
9:00 a.m. - 5:00 p.m.

The two-day Bridging the Gap session, Learning from the Stars will provide the required 16 credits for newly-admitted attorneys in Skills, Ethics and Professionalism, Law Practice Management, and Areas of Professional Practice. Topics will include Handling Your First Misdemeanor, Ethics of Starting Your Own Practice, Basics of Landlord Tenant Practice, Electronic Discovery, Matrimonial Practice, Defending a DUI case and more!

To view the program brochure and register online for the Bridging the Gap Program please visit
www.nysba.org/am2013BTGday1 and www.nysba.org/am2013BTGday2.

Please note that you must register for each day separately and it is not required to attend both days. Register online now!

Events of Interest

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2013 Career Development Conference
Monday, January 21, 2013

Free Program and Networking Reception
Panel Topics Include: Effective Use of Social Media and Networking in Your Job Search and What To Do When Your Firm Closes Down or Your Practice Group Moves

Program 1:00 p.m. - 4:00 p.m.
Networking Reception 4:00 p.m. - 6:00 p.m.

Register Here: http://www.nysba.org/AM/Template.cfm?Section=Home&Template=/Conference/ConferenceDescByRegClass.cfm&ConferenceID=5748


The Annual Edith I. Spivack Symposium
Tuesday, January 22, 2013

21st Century Women in Transactional Law: How to Succeed in a 24/7 World
Co-sponsored by the Young Lawyers Section and the Trusts and Estates Law Section

The Committee on Women in the Law is pleased to offer a program spotlighting strategies used by women transactional attorneys to succeed in the high-tech, fast-paced modern work environment. The program will focus on ways to hone your transactional, negotiating and deal-making skills. A panel of prominent women attorneys, from private practice and in-house legal departments, will discuss where they believe emerging practice areas lie in transactional law, including public financing, real-estate and student loan financing, and the energy sector. In addition, a team of experienced transactional attorneys will demystify "the deal" in two mock closings illustrating a commercial real-estate and financing deal. The ethics segment will showcase an expert in the field of professional responsibility, who will guide a roundtable discussion with a New York State Supreme Court Disciplinary Committee member, an employment litigator, and a solo practitioner experienced in social media issues. The panel will explore the potential ethical issues faced by the 24/7 lawyer from the demands of social media in the workplace--including social/professional networking sites, blogging and tweeting--and will provide insights into the New York State attorney disciplinary process.

Program 9:00 a.m. to 4:15 p.m. Networking Reception 4:15 p.m. to 5:30 p.m.

Register Here: http://www.nysba.org/AM/Template.cfm?Section=Committee_on_Women_in_the_Law_Home&Template=/CM/HTMLDisplay.cfm&ContentID=134300

District Events

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20th District Holiday Party

Thank you everyone for the help and support in planning and promoting (and attending) the YLS 10th District's holiday party. Based on the collaborative efforts of the New York State Bar Association, Young Lawyers Section, and the Nassau County Bar Associations, Young Lawyers Committee, we were able to collect three large over-filled boxes of toys to donate to the Marines Toys for Tots Foundation.

John P. Christopher, Esq.

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2012 Young Lawyers Section 3rd/4th District Toys for Tots Holiday Event

On December 4, 2012, the 3rd & 4th Judicial Districts of the NYSBA Young Lawyers Section co-sponsored, together with the Real Property Law Section and the Torts, Insurance and Compensation Law Section, the annual Toys for Tots Holiday Event at C.H. Evans Brewing Company at the Albany Pump Station. All attendees brought an unwrapped toy to be donated to the Toys for Tots charity program. The event was very well attended and was a fun night of networking for all. The event led to a very large donation of toys to benefit less fortunate children in the area.

Erica M. Hines, Esq.

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Health Care Law Section Liaison Update

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Young lawyers seeking to practice in a specific field often find the hardest part is obtaining employment in that field. Health care law is no different. Some tips from current health care practitioners on how to get a start in your career can be life altering. Here are some thoughts for the young lawyer seeking a practice in health care law:

1. Determine the practice you want.

There are many options for the health care lawyer on where to practice beyond a law firm. Some of the most influential and successful health care attorneys are in-house counsel. Institutions such as hospitals, nursing homes, insurance companies, medical management companies, billing companies and urgent care centers are all options. These roles often give the lawyer additional business input which outside counsel will not have.

2. Get a mentor.

Patrick Pullano, Esq., a 1995 graduate of Albany Law School and practicing Health Care attorney at Harter Secrest& Emery LLP in Rochester, New York, stated the best advice a young health care lawyer can get is to seek out work with other health care lawyers: "Health care is such a highly regulated industry that experience with all the rules is crucial. Training is an important first step and working with current practitioners is the best way to obtain necessary knowledge."

3. Learn the language.

Health care's complex regulatory environment has created its own series of terms that is a language unto itself. Familiarity with terms like HIPAA, Stark, Article 28 Facilities and Certificate of Need are examples of basic terms to be familiar with before an interview.

4. Create a niche.

Once in the field, if you want to stay there, create a "niche". Health care law encompasses a great deal of legal information. Becoming the "go-to" person for a complicated state or federal question will make you an invaluable part of whatever organization you're practicing in.

Brett E. Farrow, Esq.
YLS Liaison to the NYSBA Health Care Law Section

Labor & Employment Section Liaison Update

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The Labor & Employment Section is very interested in working with members of the Young Lawyers Section. They created the New Lawyers Committee for that purpose.

The purpose of the New Lawyers Committee is to bridge the gap between newly admitted attorneys (those admitted to the practice of law less than 10 years regardless of age, or those who have not reached the age of 37 years at the beginning of the applicable calendar year, whichever event occurs later) and those more seasoned attorneys who practice in the field of labor and employment law. The New Lawyers Committee seeks further to promote increased involvement and eventual leadership in the Section among new lawyers. The Committee's focus will be on encouraging participation in Section activities and events from the start of membership in the Labor and Employment LawSection. Further, the New Lawyers Committee, in conjunction with the L&E SectionChair and in consultation with the Membership and Diversity Committees will work to foster and develop the newly created mentoring program, again seeking to bridge the gap between newly admitted attorneys and those more seasoned practitioners. Any person who is a member of the Labor & Employment Section can join this, or any other committee of the Section. Attached is the Committee Request Form. Additionally, the Labor & Employment Section has established a Mentoring Program. Following the Committee Request Form is a brochure about the Program, a Mission Statement, and the Guidelines for Mentors and Mentees.

To Join a Committee (including the New Lawyers Committee): http://www.nysba.org/AM/Template.cfm?Section=Join_A_Committee

L & E Mentoring Program: http://www.nysba.org/AM/Template.cfm?Section=Mentoring_Program

If anyone has any questions, please feel free to contact any of the YLS Co-Liaisons to the Labor & Employment Section at:

Andreas Koutsoudakis, Esq., andreask@koehler-isaacs.com
Melanie Scotto, Esq., Melanie.scotto@labor.ny.gov
NadavZamir, Esq., nadavzamir11@gmail.com

Pro Bono Admissions Requirement

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Pro Bono and the Aspiring New York Lawyer, What You Need to Know
By: Sarah E. Gold, Esq.

Lewis Powell Jr., a former United States Supreme Court Justice once said, "Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists...it is fundamental that justice should be the same, in substance and availability, without regard to economic status."

It is in that vein that Chief Judge Lippman announced on May 1, 2012 his intent to require all prospective attorneys in New York to perform 50 hours of pro bono service before being admitted to practice law in New York State.

The proposed Pro Bono Requirement rule was formulated by the Advisory Committee on Pro Bono Bar Admission Requirements (http://www.nycourts.gov/press/pr2012_03.shtml) after receiving comments from law schools and students, bar associations, attorneys, providers of legal services to low-income individuals and other interested parties. The Court of Appeals added section 520.16 to Part 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, which sets forth the 50-hour requirement (see 22 NYCRR 520.16).

What does this mean for those currently in law school? If you are currently enrolled at an ABA-approved law school and you expect to be admitted to practice in New York after January 1, 2015, you will need to complete 50 hours of qualifying pro bono work before you apply for admission. Law school graduates who pass the bar examination and are admitted to the New York bar before January 1, 2015 are not subject to the pro bono requirement.

Your qualifying pro bono work must be completed before you submit your Application for Admission to the appropriate Appellate Division of the New York Supreme Court. For those in the First Department, that means filing after you have received your bar exam results and you have been issued your certification of bar passage. In the Second, Third and Fourth Departments, you can file after you take the bar examination, regardless of whether your examination results have been announced.

The range of what is considered pro bono for this requirement is quite broad. Ultimately, the work must be law-related. That being said, this is not a rubber stamp for the unauthorized practice of law (UPL). In fact, beginning November 1, 2013, UPL that causes more than $1000 in damages to a client will be classified as a felony in New York. To prevent this, any pro bono work must be performed under the supervision of an attorney admitted to practice and in good standing with the bar in the jurisdiction in which the work is performed, a law school faculty member, or in the case of a clerkship or externship in a court system, by a judge or an attorney employed by the court system. The person in the supervisory role must certify the hours in order for them to count. An extensive list of what does and does not qualify can be found in a FAQ set forth by the courts here: http://www.nycourts.gov/attorneys/probono/FAQsBarAdmission.pdf

While pro bono is an aspirational tenet for attorneys set forth in Rule 6.1 of the New York Rules of Professional Conduct, it is now a requirement for those not yet licensed. As such, plan accordingly. There would be nothing worse than having your career derailed before it began for lack of pro bono hours.

Sarah E. Gold is owner of Gold Law Firm in Albany, NY, focusing on Business and Consumer Law. She is the current Treasurer of the Young Lawyers Section and recently presented on Ethics and Social Media at the YLS Fall Meeting in Albany.

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Electronically-In-Touch is the monthly electronic news-publication of the NYSBA Young Lawyers Section (YLS). It is a member driven publication, encouraging YLS members to write articles, and as such we would welcome submissions from members on any relevant topic, including practice tips, substantive legal articles, case updates, work/life advice, and information regarding upcoming meetings and events. Please submit articles to Erin K. Flynn, Esq., at erin.k.flynn@gmail.com, no later than the 20th of the month.

About this Archive

This page is an archive of entries from January 2013 listed from newest to oldest.

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