March 17, 2015

March 2015

Message From the Editors

Dear Young Lawyers Section Members:

Welcome to the March issue of Electronically In Touch, the e-publication of the NYSBA Young Lawyers Section. This month we have messages from our section, information on the upcoming Trial Academy program at Cornell Law School on March 29th - April 2nd, as well as section liaison reports from the Intellectual Property Section and the Real Property Law Section. Additionally, we have an interesting article covering body cameras in criminal defense cases by James L. Maswick.

Electronically In Touch is a member driven publication and as such we welcome submissions from members on any relevant topic including practice tips, substantive legal articles, case updates, work/life balance, and information regarding upcoming meetings and events. Please submit articles by the 28th of each month to Kara Buonanno at kara.buonanno@gmail.com and Tyear Middleton at tymiddleton@gmail.com.

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.


Kara Buonanno, Esq.
Editor-in-Chief, Electronically In Touch
kara.buonanno@gmail.com

Tyear Middleton, Esq.
Managing Editor, Electronically In Touch
tymiddleton@gmail.com

Chair's Message

If you blinked you missed the first two months of the year. With the clocks already ahead, March is a very busy month for us in the Young Lawyers Section. We're in the final lap of preparation for Trial Academy at Cornell Law School and are preparing the calendars for our other upcoming events this year. Hopefully without any further traumatic snowstorms, we can look ahead without the fear of cancellations. Want to attend? Want to be a part of our plans? Keep watching the EIT for all of our upcoming events as we schedule them. It wouldn't be the same without you. And quoting A.A. Milne, "Promise me you'll always remember: You're braver than you believe, and stronger than you seem, and smarter than you think."

Sarah Gold, Esq.

Trial Academy, March 29th - April 2nd, 2015

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.

This year's program will be held at Cornell Law School in Ithaca, New York from March 29-April 2, 2015. For more information, please contact Amy Jasiewicz at ajasiewicz@nysba.org.

View the 2015 Trial Academy Preliminary Program.

Find out more about Trial Academy Corporate Sponsorship opportunities and NYSBA Section Sponsorship opportunities.

REGISTER HERE

NYSBA Member Registration Fee: $875.00
Non-NYSBA Member Registration Fee: $1,000.00

The registration fee includes all materials, breakfast each morning, NYSBA-sponsored luncheons each day, and the welcoming and closing cocktail receptions. Hotel accomodations and parkling fees are not included in the registration fee. A limited number of rooms may be available at The Statler Hotel on the Cornell University campus. To make reservations at The Statler, call 1(800) 541-2501 and indicate you are with the NYSBA Trial Academy.

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

TRIAL ACADEMY 2015 SPONSORS:

Corporate Sponsors
USI Affinity
Deitz Court Reporting

Platinum
Family Law Section

Gold
Business Law Section
Torts, Insurance & Compensation Law Section
Trial Lawyers Section
Young Lawyers Section

Silver
Corporate Counsel Section
Criminal Justice Section
Labor and Employment Law Section

Bronze
Commercial and Federal Litigation Section
General Practice Section
Intellectual Property Law Section

Additional Support Provided by:
Law Office of Alena Shautsova, www.shautsova.com
Raiser & Kenniff

Additional Upcoming Events and Programs

Antitrust Section Mergers Committee Meeting

Wednesday, April 1, 2015, 8:30-10am
Wachtell, Lipton, Rosen & Katz
51 West 52nd St.
New York, NY

The Mergers Committee is excited to present a retrospective analysis of the Zillow/Trulia merger, which combined the operators of the two largest websites for residential real estate. The sites sell advertising space to agents looking to attract buyers and sellers of homes. The FTC closed its 6-month investigation after finding that, although Zillow and Trulia competed closely against one another, there are numerous other competitors in this market and the merger was not likely to lessen competition. This transaction is of particular interest to antitrust practitioners because of its structural combination and the impact of e-commerce, which resulted in a closing statement by three FTC Commissioners. Zillow's lead attorney, Beau Buffier (co-head of Shearman & Sterling's antitrust practice) and lead economist, Graeme Hunter (NERA) will share with us their insights and strategies in successfully navigating this merger through the FTC. Please join us for this free program!

Please RSVP to Tina Rothaupt at trothaupt@nysba.org.


SUPREME COURT ADMISSIONS PROGRAM

Monday, June 15th, 2015
Washington, D.C.

The Young Lawyers Section is proud to sponsor the Supreme Court Admissions Program for the New York State Bar Association's members. Each year the section accepts applications for attorneys to join the section to admit them to the United States Supreme Court.

If you are interested in applying for the 2016 program, which will be held on June 13, 2016, please contact Tiffany Bardwell at tbardwell@nysba.org and Tina Rothaupt at trothaupt@nysba.org.


Call for Participation - Law Student Development Committee

The Young Lawyers Section would like to invite any interested section members to participate on its Law Student Development Committee. This Committee will be the YLS' primary interface with the Pathways to the Profession Program, and we are looking for members to be active in liaising between the Section and our law student members at different law schools throughout the state. We hope that you will join us in this effort! For more information, please contact Tiffany Bardwell at tbardwell@nysba.org and Erica Hines at emh@hrfmlaw.com.

Recent Events Recap

Family Law Section and Young Lawyers Section Co-Host Networking Event in NYC
by Elizabeth E. Erickson and Adam Turbowitz

On March 12, the Family Law Section and the Young Lawyers Section co-hosted a long-awaited networking happy hour at Proper West in Manhattan, which had been rescheduled from its earlier scheduled date due to the snow storm during the Annual Meeting in January. The event was well attended by practitioners from Manhattan, as well as those hailing from points north and east, both from the family law bar and from other practice areas. The event was a success and we look forward to it becoming an annual event.

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FLS_YLS_PW2.jpg


New York Delegation Attends ABA 2015 Midyear Meeting
by Swetal Shah, Esq.

In February, the New York delegation attended the ABA 2015 Midyear Meeting in Houston, Texas. The state delegation at the Young Lawyers Division Assembly consisted of New York State District Representative, Swetal Shah and State Delegates Luwick Francois, Kristin Gallagher, Jonathan Jacobs, Maryam Jahedi, Anita Lam, Tyear Middleton, Manasi Raveendran, Sankeetha Selvarajah, Hong Tang, and Jesse Weber.

The YLD Assembly program included hearty debates on several important resolutions such as the Death Penalty, the Multi-State Bar Exam, and restraints against juveniles in Court. The delegation also had the privilege of listening to some great speakers, including President William Hubbard and President-Elect Paulette Brown.

Throughout the Midyear Meeting, the YLD hosted numerous CLE's and programs including Careerline Live, a hotline created to assist recent graduates with their job search. There were also several networking events and receptions catered towards building your business and social network within the ABA.

The next ABA conference will be held in Tampa Bay, Florida in May! Join your colleagues for three days of educational sessions, idea-exchanges, and networking. You will leave with strategies, new connections, skills, and knowledge to move your practice and organization forward. You can also earn CLE credit, learn effective skills and techniques to help make you a better lawyer and more effective leader and meet practice-area experts. http://www.americanbar.org/groups/young_lawyers/events_cle/2015_spring_conference.html

For more information on upcoming meetings or to serve as a New York state delegate, please email New York State District Representative Swetal Shah at SwetalYLDNY@gmail.com.

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Intellectual Property Law Section Liaison Update

by Erica M. Hines and Teige P. Sheehan

On November 20, 2014, in New York City, and on November 21, in Albany, the New York State Bar Association Intellectual Property Law Section co-sponsored, with the CLE Department, a full-day CLE program covering general principles of all aspects of IP law. Topics covered included Trade Secrets, Copyrights, Trademark, Licensing, Patents, and Patent Litigation. The presentation in Albany was also webcast. Both venues were well-attended. Among the presenters were Teige Sheehan, IPLS co-liaison, and Erica Hines, YLS chair-elect and IPLS co-liaison.

On December 4, 2014, the NYSBA Intellectual Property Law Section, together with the Real Property Law Section, the Torts Insurance and Compensation Law Section, and Business Law Section, co-sponsored the Young Lawyers Section annual third and fourth judicial districts' Holiday Social, which was held at Mexican Radio in Schenectady, New York. Approximately fifty people attended the event, which was organized by YLS third district co-representative, co-liaison to IPLS, and co-chair of the IPLS Young Lawyers Committee, Teige Sheehan, and Rob Nickol, third district co-representative, both on behalf of the third judicial district, and Lauren Sharkey and Brett Blair on behalf of the fourth judicial district. Attendees brought an unwrapped toy to be donated to the Toys-for-Tots charity program. The well-attended event was a successful and fun night of networking for all. The event led to a very large donation of toys to benefit less fortunate children in the area.

For the second consecutive year, the IPLS has agreed to sponsor the Young Lawyer Section's Trial Academy, which will be held from March 29, 2015 through April 2, 2015, at Cornell Law School in Ithaca, New York.

Real Property Law Section Liaison Update

By John P. Christopher

"Summertime, and the livin' is easy." Whether this quote brings to mind Gershwin, Ella Fitzgerald or Sublime, you are sure to enjoy some easy summertime living at the Real Property Law Section ("RPLS") 2015 Summer Meeting at the Basin Harbor Club & Resort, Lake Champlain, Vermont, from July 16 - 19, 2015. With 700 acres of beautiful lakeside Vermont to explore, the Basin Harbor Club has something for everyone.

If you have never attended a RPLS Summer Meeting, the time to do so is now! In an effort to encourage Young Lawyer participation in this meeting, the RPLS is offering a 75% discount on both registration and hotel accommodations to all attorneys admitted less than ten years. In addition, there is an "early bird" discount that will apply if you register before March 31, 2015. If you ever wanted to get more involved in the RPLS, the time to do it is now.

The Meeting will feature a CLE program on various real property law topics providing attendees with up to 8 MCLE credits. While the CLE Program may be reason enough for some to make the trip to Vermont, the RPLS has planned a full schedule of events that will appeal to those in pursuit of summertime's more leisurely activities. There are cocktail parties and dinners, golf and tennis tournaments, hiking at the Natural Preserve, kayak racing, a Frisbee golf competition, numerous watersports on Lake Champlain, a spa, and an almost endless list of things one can do at the Harbor Club.

So come to Vermont this summer with your family to enjoy this beautiful venue located on Lake Champlain. This is a family & pet friendly resort. Check out the save the date flyer to see all the fun things that you can do with your family at this resort.

Resort reservations for historic guest rooms, suites, or unique luxury cottages may be made today by calling 800.622.4000 or 802.475.2311. Identify yourself as NYSBA member. (Accommodations will be assigned on a first-come basis).

For more information, please contact Lori Nicoll at lnicoll@nysba.org or 518.487.5563
To register, click here.

Body Cameras Become A More Prevalent Issue In Criminal Defense Cases

By: James L. Maswick

Body cameras have been in the spotlight as of lately. From the Michael Brown death in Ferguson, Missouri, in which the officer did not wear a body camera during the incident which led to Mr. Brown's death, to video of the Eric Garner death in Staten Island resulting in calls for police to wear body cameras on a more regular basis, the presence of them on police officers has become part of the national conversation.

More and more police departments are requiring the use of body cameras during their officers' shifts in upstate New York. Two of the departments which regularly wear body cameras include the Saranac Lake Police Department and the Saratoga Springs Police Department. In fact, as was recently reported, the Saratoga County Public Safety Commission is considering a proposal to outfit and require all 84 patrol deputies to wear body cameras while on duty. See the recent article written by Dennis Yusko, "Saratoga County Considers Body Cameras for all Deputies", Times Union, available at: http://www.timesunion.com/news/article/Saratoga-County-considers-body-cameras-for-all-6015033.php. Body camera footage will be an increasing part of criminal defense work.

What are body cameras and how do they work?

Body cameras are small, sometimes nearly invisible devices which are perched either on a police officer's shoulder or lapel. Powered by a battery pack that the officer wears, when in use, body cameras capture images from the police officer's perspective and this can provide very important evidence, either for the prosecution or the defense. The video is often strikingly clear, with high audio quality, and frequently provides for an undisputable record of events.

What are some issues associated with body cameras?

Body cameras have, to some extent, displaced the dashboard mounted units that police officers utilized in their vehicles while making a traffic stop. Body cameras have the added benefit of going wherever the officer goes and recording at the same time. However, in our office, we have found that this has likely led to an unintended consequence. In general, there is less video available of the actual traffic stop in traffic prosecutions. This can be a critical issue in cases involving driving while intoxicated, cases based on a search of a vehicle after the car was stopped for a small traffic infraction or drug possession cases which were initiated once a driver allegedly committed a traffic infraction. Also, the video of traffic stops is often not as clear of the vehicle stop, known as the predicate stop, with body cameras than with the dashboard mounted units.

Another issue with body cameras is that an officer can shut it off when they so desire. This can lead to interesting arguments and evidentiary issues in the defense of criminal cases. Questions can be posed such as why the officer chose to shut off his camera when he did or why no video exists of some of the field sobriety tests, for example, in a driving while intoxicated prosecution.

Conclusion

With the increased scrutiny and attention body cameras have received, it is likely that these will continue to be important pieces of evidence and more prevalent in the future. It will continue to be of great importance to have criminal defense attorneys who represent you who are familiar with body camera evidence and how to use it to their client's advantage or work to exclude it on an evidentiary basis.


James L. Maswick is an attorney with Flink Smith Law LLC, which has offices located in Albany and Lake Placid. Jamey lives in and works primarily out of the Lake Placid office. He maintains a varied practice, including regularly handling insurance defense matters for many carriers and their insureds, plaintiff's personal injury cases, criminal defense for those facing charges, including DWI defense, family and matrimonial law matters and real estate transactions for anyone from first-time home buyers to those purchasing another large vacation home. Jamey enjoys alpine and cross-country skiing and road and mountain biking when not in the office. His fiancé, Caitlin, and he have a September 2015 wedding planned.

James can be reached at jmaswick@flinksmithlaw.com or 518-523-2441 x 15.


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ALREADY A MEMBER OF THIS SECTION? JOIN A COMMITTEE!

Are you interested in volunteering for a Section Committee? Please email Tiffany Bardwell at tbardwell@nysba.org and Tina Rothaupt at trothaupt@nysba.org and indicate the committees you wish to join.

Disclaimer


Electronically In Touch is the 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 Kara Buonanno at kara.buonanno@gmail.com and Tyear Middleton at tymiddleton@gmail.com, no later than the 28th of the month.

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