May 28, 2017

This tool can block ransomware on Mac OS X, for now | PCWorld



A security researcher has created a free security tool that can detect attempts by ransomware programs to encrypt files on users' Macs and then block them before they do a lot of damage.

Called RansomWhere?, the application is the creation of Patrick Wardle, director of research and development at security firm Synack. It's meant to detect and block the encryption of files by untrusted processes.

The tool monitors users' home directories and detects when encrypted files are rapidly created inside them--a telltale sign of ransomware activity.

Read more...

May 26, 2017

ABA president criticizes 'egregious' cuts to LSC, loan forgiveness in Trump budget proposal

BY DEBRA CASSENS WEISS

ABA President Linda A. Klein on Tuesday sharply criticized proposed budget cuts by the White House that would do "severe damage to the most vulnerable people in our society."

"Steep budget cuts proposed today by the White House would severely undermine the fairness of the legal system and deny access to justice for some of society's most vulnerable individuals," Klein said in the statement.


"These include children, veterans, the elderly, people with disabilities, people in poverty, families suffering after natural disasters, survivors of domestic violence and victims of other crimes."


Read more....



May 25, 2017

4th Circuit Uses Trump's Comments in Blocking Travel Ban | Law.com

BY 

The U.S. Court of Appeals for the Fourth Circuit is the first appellate court to uphold an injunction against President Donald Trump's revised travel ban executive order, a move that likely sets the issue up for an appeal to the U.S. Supreme Court.

Thursday's opinion keeps in place a Maryland district court's nationwide injunction against the order, issued March 6. The executive order blocked the entry of immigrants from six majority-Muslim countries.

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Read more...



Microsoft's New Server Can Serve Lawyers - Technologist


By William Vogeler, Esq

One thing for sure about the future of legal tech, there will be upgrades.

In that tradition, Microsoft has announced its newest edition of SQL 2017 -- a server that features software upgrades that may serve lawyers well. It is not a lawyer product, per se, but it has tools that can help attorneys manage their workloads.

The most promising features for the legal profession, according to reports, are improved analytics and artificial intelligence that may even predict outcomes.

NYSBA | VA Benefits Practice Free CLE - Representing Veterans before the Veterans' Administration and Beyond



Stephanie A. Bugos
May 24, 2017 10:54 AM
Stephanie A. Bugos

VA Benefits Practice Free CLE -

REPRESENTING VETERANS BEFORE THE VETERANS' ADMINISTRATION AND BEYOND

Presented By: New York State Bar Association Committee on Veterans

 

Tuesday, June 13, 2017

9:00 a.m. - 4:35 p.m.

 

Presented Live & Webcast

In-Person Location: Orrick, 51 West 52nd Street, New York, NY 10019

 

The purpose of this CLE is to provide an in-depth training for any attorney that wishes to represent Veterans at the VA Administrative level or in Federal Court (up to and including the US Supreme Court):

·         What can you do for a Vet that has a dishonorable discharge?

·         What Military legal proceedings lead to the discharge status?

·         Federal Tort Claims Act-Medical claims against government

 

Renowned national speaker Ken Carpenter will be presenting.

 

To register go to: www.nysba.org/VetJune2017

May 21, 2017

Q&A: Can a Co-Op Board Reject the Sale of a Unit if They Think Price Too Low? - The New York Cooperator, The Co-op & Condo Monthly



BY MINDY H. STERN, ESQ. 


Q. Can you tell me if it is legal for a co-op board to turn down the sale of a unit because they think the selling price is too low? The appraisal from a well-known real estate appraiser was much lower than the contract price. However, the board refused two sales. What was once a rumor was confirmed after the second refusal by the board. It was told to us that the board will not approve a sale under $500,000 more than the appraisa



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May 19, 2017

Military Tax Tips - YouTube

Military Tax Tips

Learn about the special tax benefits that apply to members of the Armed Forces by watching this new YouTube video.

Watch this and other videos on the IRS YouTube Channel.




DOJ Threatens Immigration Rights Lawyers, Demands They Drop Their Clients | Above the Law

The Trump administration tries a scary new tactic to keep lawyers from aiding immigrants.

If you can't beat 'em, bully them with "cease and desist" letters and trumped-up disciplinary accusations. That's apparently the new motto down at the Department of Justice, where the government is lashing out at the immigration rights attorneys who stymied the administration's efforts to implement their travel ban. And it's not just non-profit groups (though those are the first lawyers getting hit); the clever, if diabolical, argument the DOJ has cooked up could be launched to shut down Biglaw attorneys working pro bono matters next. They may have stumbled out of the gate, but this Justice Department came to play hardball, folks.




Sui Generis--a New York law blog: ABA Issues New Opinion On Secure Online Communication With Clients

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com.

***
That's why the ABA issued Formal Opinion 477 on May 11, 2017. In this opinion, the Committee concluded that because there are more secure electronic communication methods available in 2017, lawyers may want to consider avoiding email for many client communications and use other, more secure electronic methods instead.

***




Judge sanctions New York City after lawyer makes 600 objections in one deposition

BY DEBRA CASSENS WEISS--ABA Journal

***

U.S. Magistrate Judge Cheryl Pollak of Brooklyn ordered the city to pay the deposition costs as a result of the lawyer's conduct, report the New York Law Journal(sub. req.), the New York Daily News and the New York Post.

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May 18, 2017

Cleary International Trade and Sanctions Watch

It is with great pleasure that we announce the launch of the Cleary International Trade and Sanctions Watch, our new blog that aims to provide updates and insights on international trade and sanctions matters, including developments on Brexit, WTO, multilateral and bilateral trade activities, U.S. and European economic sanctions, and other major economic shifts affecting international regulatory regimes and the global business environment. 

We hope that you find the posts informative and will continue to follow developments in the trade and sanctions sector by clicking on the subscribe button below.


May 12, 2017

Formal Opinion 477--ABA


Formal Opinion 477

May 11, 2017

Securing Communication of Protected Client Information

A  lawyer  generally  may  transmit  information  relating  to  the  representation  of  a  client  over  the internet  without  violating  the  Model Rules  of  Professional  Conduct  where  the  lawyer  has undertaken reasonable efforts to prevent inadvertent or unauthorized access. However, a lawyer may  be  required  to  take  special  security  precautions  to  protect  against  the  inadvertent  or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.

requires a higher degree of security.

May 11, 2017

CFPB Sues Nation's Largest Student Loan Company Navient for Failing Borrowers at Every Stage of Repayment | Consumer Financial Protection Bureau


Navient, Formerly Part of Sallie Mae, Illegally Cheated Borrowers Out of Repayment Rights Through Shortcuts and Deception

***  lawsuit alleges that Navient has been in violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collections Practices Act. The suit seeks redress for consumers harmed by Navient's illegal practices. The CFPB is also seeking to keep Navient from continuing the illegal conduct described in the complaint, and to prevent new borrowers from being harmed.

The complaint against Navient Corporation, Navient Solutions, and Pioneer Credit Recovery is available at: http://files.consumerfinance.gov/f/documents/201701_cfpb_Navient-Pioneer-Credit-Recovery-complaint.pdf 

***

Read entire press release from CFPB announcing suit...


Judging an Injustice: During Asian Heritage Month, Japanese Internments Are Recalled | United States Courts

Just months after Japanese bombs fell on Pearl Harbor in 1941, Atsushi Wallace Tashima was pulled from his home and sent away to an internment camp. Like 120,000 Japanese Americans, he and his family were branded as potential spies and saboteurs.

Decades later, he viewed those events from a very different perspective. Once the victim of an admitted national injustice, he made a career of delivering justice as a federal judge.

Learn more about Judge Tashima's life, and others who recall the internment of Japanese Americans.


May 10, 2017

How to convert an email into a PDF file on an iPhone or iPad - iPhone J.D.

iPhone J.D. is published by Jeff Richardson, an attorney in New Orleans, Louisiana.

***


Sometimes an email loses its importance shortly after it is sent, such as an email asking you to go to lunch once the afternoon begins.  But other times, it is helpful or even necessary to preserve an email -- perhaps even as evidence, such as an email to or from opposing counsel that is an exhibit to a discovery motion.  Here is a tip for converting an email message to a PDF file on the iPhone or iPad, so that you can then preserve that PDF version of the email.  The technique is similar on both the iPhone and the iPad. 

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May 8, 2017

TRUMP Act would put Trump's New York tax returns online - CNN Money

  @CNNMoney


Some Democratic state senators in New York are trying an end run to get Donald Trump's taxes into the public view by introducing legislation that would reveal his state tax returns for the last five years.

***
A separate bill introduced by Hoylman would require anyone appearing on a statewide ballot in New York to release his or her federal tax returns, but that wouldn't force Trump to release anything until 2020, if he runs for a second term.


***



May 5, 2017

Victimized by ransomware, law firm sues insurer for $700K in lost billings--ABA Journal

BY DEBRA CASSENS WEISS

***

Moses Afonso Ryan, a 10-lawyer law firm in Providence, says it paid $25,000 in ransom, but the amount is far less than its lost billings, the Providence Journal reports. A review of records for the same three months last year shows the firm had more than $700,000 in billings during the time period, according to the suit.

The suit (PDF) was originally filed in state court and removed to federal court. It claims that Sentinel Insurance Co. is responsible for the loss under policy coverage for lost income.

Read entire article...

***




Interim Guidance for Responsibility to Process all Requests for Discharge of the Estate Tax Lien

The IRS has issued Interim Guidance, dated April 5, 2017, which appears to signal relief and a return to prior practices.

The Interim Guidance is available using the link here. https://www.irs.gov/pub/foia/ig/spder/sbse_05_0417_0011.pdf

***

This memorandum provides Interim Guidance (IG) for Specialty Collection Advisory and Specialty Examination Estate & Gift Tax employees with respect to all applications for requests of discharge of the estate tax lien made after June 2016.

Hat Tip to Gilbert Hoffman.



 

May 2, 2017

June 9: Senior Lawyers Section Meet, Greet & Learn



Senior Lawyers Section members in the 6th, 7th and 8th Judicial Districts are invited to a free CLE program and Networking Lunch.

Topic: Ethical issues for senior lawyers including considerations when winding down a practice and when starting a solo practice.

June 9, 2017
11:00 am - 2:00 pm

Nixon Peabody LLP
1300 Clinton Square, 14th Floor
Rochester, NY

MCLE: 1.5 credits in Ethics and Professionalism

Agenda
10:30 - 11:00 am  - CLE Registration
11:00 am - 12:15pm - CLE Program
12:15 - 2:00 pm - Buffet Lunch

REGISTER ONLINE or RSVP to seniorlawyers@nysba.org  



------------------------------
Kathleen Plog
New York State Bar Association
kplog@nysba.org (518) 487-5681
Albany, NY

April 26, 2017

Murdered woman's Fitbit data inconsistent with husband's story, police say--ABA Journal


***

Police who charged a Connecticut man with the murder of his wife are citing electronic evidence, including data from her Fitbit fitness tracker.

Richard Dabate, 40, told police he was unable to stop a masked intruder from shooting and killing his wife after she returned home from an exercise class more than two years ago. But his timeline of events didn't match Fitbit and computer records, the Hartford Courant reports.

***

Read more....




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