June 25, 2016

Email scam targets lawyers with fake disciplinary warnings, bar announcements--ABA Journal



Lawyers across the country should be on the lookout for phishing emails, which purport to be about new discipline investigations.More than 50 attorneys have received the emails, which have links to malicious software, says Molly Flood, research and information manager with the ABA's Division for Bar Services. She suspects that senders get email addresses through the websites of state bars that also handle attorney regulation.

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"They also dummied up a webpage, that looked like it was our website," says Francine Walker, the Florida Bar's director of public information. Besides using unpaid bar dues and discipline complaints as a ruse, some of the emails claimed that the bar changed its fee schedule.

Home Care - Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the FLSA - U.S. Department of Labor -- Wage and Hour Division (WHD)


This guide is meant to help individuals, families, and households who use home care services determine their responsibilities under the Fair Labor Standards Act (FLSA), the federal minimum wage and overtime law that applies to most home care workers.

The guide explains who must follow the FLSA rules, with examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of the consumer and who are live-in workers.

The guide also explains how to follow the FLSA rules, that is, what it means to pay minimum wage and overtime, track hours worked, and keep proper records.

Download the Guide in PDF here.

June 24, 2016

July 13 Webinar Rebroadcast: Practicing Before the IRS - Circular 230 A to Z





Register for the July 13 rebroadcast of the two-hour webinar, "Practicing Before the IRS - Circular 230 A to Z." 

 

Certificates of completion are being offered. Earn up to three continuing education (CE) Credits -- two CE credits for Ethics and one for Federal Tax.

 

NOTE: If you previously earned CE credit for the Jan. 13, 2016, "Practicing Before the IRS" webinar, you may participate in the July 13 rebroadcast, but you may not earn credit again for this rebroadcast


June 20, 2016

Know Your Rights: A Guide to Fighting Discrimination Against Transgender & Gender Non-Conforming New Yorkers Under the New York State Human Rights Law


Empire Justice Center:

Know Your Rights: A Guide to Fighting Discrimination Against Transgender & Gender Non-Conforming New Yorkers Under the New York State Human Rights Law

Transgender and gender-nonconforming people have historically experienced discrimination, harassment and violence at far higher rates than other people because of their gender identities and gender expression.  After decades of advocacy, the legal landscape is finally starting to recognize transgender and gender-nonconforming people as a class that deserves protection under the law.


The Know Your Rights guide explains how the New York State Human Rights Law (HRL), specifically, protects transgender and gender-nonconforming people.  It describes what unlawful discrimination looks like, and what you can do if it happens to you.  This guide also contains some information about your legal rights under other state and federal laws, and gives you contact information for legal advocates and attorneys across New York State that may be able to advise you about your rights.


CLICK HERE to view the Guide.

CLICK HERE to view the one page flyer.

June 16, 2016

CLE Program Attorney--NYSBA


The New York State Bar Association, a non-profit professional association, seeks a Program Attorney to assist in developing, coordinating and producing quality continuing legal education programs in both live and online formats.  A JD is required.  The ideal candidate should have experience in continuing legal education, or equivalent course development, and a minimum of two to three years of legal practice background. Excellent organizational, written and oral communication skills are required in addition to MS Office computer skills.

The position is located in Albany and requires some travel to the New York City area.   The Association is an equal opportunity employer and offers a competitive salary with a comprehensive benefit package.  Please submit a resume, cover letter and salary requirements to:

 

New York State Bar Association

Human Resources Department

1 Elk Street

Albany, NY  12207

FAX# 518/487-5544

HR@NYSBA.org

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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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June 15, 2016

Superintendent Determination of Graduation with a Local Diploma - NYSED Special Education Field Advisory


June 2016 

SPECIAL EDUCATION FIELD ADVISORY

From: Patricia J. Geary 

Subject: Superintendent Determination of Graduation with a Local Diploma

At the June 2016 meeting, the New York State Board of Regents approved through emergency action an amendment to section 100.5 of the Regulations of the Commissioner of Education to require superintendents to make a local determination as to the academic proficiency for eligible students with disabilities to graduate with a local diploma. 


Guidance on Procedures Relating to Special Education Impartial Hearings--Special Education Field Advisory

June 2016 

SPECIAL EDUCATION FIELD ADVISORY

From: Patricia J. Geary

Subject: Guidance on Procedures Relating to Special Education Impartial Hearings


PDF Version of Memo  PDF document


The purpose of this memorandum is to provide clarification regarding some of the procedural requirements relating to special education due process hearings pursuant to section 200.5 of the Regulations of the Commissioner. 



June 11, 2016

Tax Free Savings: First ABLE Accounts Go Live -- Connecticut Estate Planning Attorneys Blog

By Kathleen Tetreault

On June 1, 2016, Ohio became the first state in the nation to open its ABLE account program. This news is making national headlines because individuals from any state--including Connecticut--can go on-line and create an Ohio ABLE account that will be valid in the individual's home state. What are ABLE accounts?


New York:

Since each state is responsible for establishing and maintaining this particular type of savings program, each state is also responsible for enacting legislation with regards to ABLE accounts. On December 22, 2015 New York passed Senate Bill No. 4472 which allows annual contributions up to $14,000 made by a NY Able account owner into an eligible NY Able account. This law went into effect on April 1, 2016 and any qualifying contribution will be allowed as a deduction against the taxpayer's federal taxable income which is subject to New York State income tax. Similarly, any distributions from a NY ABLE account that are used toward qualified expenses may also be subtracted from the taxpayer's federal taxable income to the extent that they were in included in gross income for federal income tax purposes. It is important to note that distributions from a NY ABLE account that are used toward non-qualified expenses are to be added to the taxpayer's federal taxable income.

Read more at Wilken & Gutterplan, P.C.:





June 10, 2016

Guidance on Complying with Education Law Article 129-B from New York State Education Dept.


Complying with Education Law Article 129-B New York State Education

I- Introduction:

This guidance document is joint guidance of the State Education Department and the New York State Office of Campus Safety. It is intended to assist colleges and universities in complying with Education Law Article129-B, as added by Chapter 76 of the Laws of 2015, relating to the establishment of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. Article 129-B includes §§ 6439-6449 of the Education Law.

II- History of the Legislation:

Governor Andrew Cuomo introduced comprehensive sexual assault prevention legislation as part of the 2015 Executive Budget. Final legislation was passed unanimously in the Senate (S.5965, sponsored by Senator LaValle) and 138-4 in the Assembly (A.8244, sponsored by Assemblymember Glick) on June 17, 2015. On July 7, 2015, Governor Cuomo signed the bill into law as Chapter 76 of the Laws of 2015.

Article 129-B (except for the provisions regarding Climate Surveys [Education Law §6445] and Reporting Aggregate Data to the Department [Education Law §6449]) became effective October 5, 2015. The Climate Survey and Aggregate Data sections take effect in July 2016 with the provisions applying for the 2016-2017 academic year.

III- Rulemaking:

The State Education Department (SED) is required by Education Law §6449(4) to adopt regulations by October 5, 2016 relating to the reporting of aggregate data, in consultation with representatives of SUNY, CUNY, and the private and independent colleges.

IV- Compliance:

Each institution is required by Education Law §6440(1) to adopt written rules implementing this article by amending its code of conduct or other comparable policies. A copy of these rules and policies must be filed with SED on or before July 1, 2016. Updated policies must be filed at least every 10 years, except that the second filing shall coincide with the required filing of a certificate of compliance under Article 129-A of the Education Law, and continue on the same cycle thereafter. 


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Read or download entire Guidance in pdf.

Law firms discourage lateral departures with bonus clawbacks and other financial penalties-ABA Journal


Law firms are increasingly enforcing financial penalties in partnership agreements that discourage lateral departures.

Consultants told the Am Law Daily(sub. req.) that law firms are getting tough with departing lawyers by clawing back bonuses, delaying the return of capital, and limiting earnings to draws at the time of departure.

Law firms making lateral hires, on the other hand, are offering signing bonuses to make up for money given up by departing lawyers, the article reports. The signing bonus is often structured as a loan that is forgiven if a lateral stays at a firm for a set amount of time.


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June 5, 2016

7 settings new iPad owners should change right now - CNET




New iPad? It's a pretty easy device to use, but certain aspects can be confusing. For example, if you also have an iPhone, don't be surprised if your new tablet suddenly starts ringing the next time you get a phone call.

That's a feature, not a flaw, but you may prefer to keep your calls away from your iPad. So consider changing that setting, along with these 6 others:



June 3, 2016

Office of Civil Rights Releases "Dear Colleague" Letter on Transgender Students | Higher Education Report--BS&K

On May 13, 2016, the U.S. Department of Education's Office of Civil Rights (OCR) released a Dear Colleague Letter (DCL) addressing a school's Title IX obligations regarding transgender students, and explaining how the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) will evaluate a school's compliance with those obligations.  This DCL comes on the heels of a recent Fourth Circuit Court of Appeals decision discussing whether Title IX requires schools to allow transgender students to have access to restrooms consistent with their gender identities.




June 2, 2016

A 45-year-old New York law is holding up autonomous vehicles-engadget

In New York state, legislators are worried a law from 1971 could be a roadblock for autonomous vehicles in the near future. As the New York Daily News reports, the state is the only one in the country that requires drivers to keep at least one hand on the steering wheel while driving. Obviously, this could be a problem for self-driving cars, since they don't have hands.



General Order 26 | Northern District of New York | United States District Court

Attention Northern District of New York Federal Bar:   

General Order #26  has been amended effective May 23, 2016.

In the Matter of Courthouse Security and Limitations on the use of Electronic Devices within United States Courthouses in the Northern District of New York 

The main change to the General Order is below. The intent is to help expedite the screening of members of the bar. While it does not exempt attorneys from the security screening at the front entrance to the courthouse, attorneys who are entering the building for a court proceeding who present their NYS Unified Court System ID to the Court Security Officer will no longer need to surrender their electronic devices at the security station. 

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Screening and Search. All persons entering a federal courthouse in this district and all items carried by them are subject to appropriate screening and search by a United States Marshal, Court Security Officer, or any law enforcement officer. Persons may be requested to provide identification and to state the nature of their business in the courthouse. Anyone refusing to cooperate with these security measures may be denied entrance to the courthouse. Members of the Northern District Bar that present a valid New York State Court System Identification appearing for a proceeding before the Court will be allowed to retain their cell phones and computers following screening.
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This General Order is posted on our web-site at: 

http://www.nynd.uscourts.gov/content/general-order-26 

Thank you,

Lawrence K. Baerman, Clerk of Court

June 1, 2016

Microsoft reveals the tricks behind its Magic Mirror




The concept of a smart mirror has been around for a while, but none of them have really materialized into a real product yet. Microsoft joined the fray at its Build conference in March demoing its own Magic Mirror. It has now explained the tricks behind the concept and provided those who don't mind a little DIY work with the tools to build their own.

Read entire article here.

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The details and instructions on how putting together your own Magic Mirror can be found on Microsoft's GitHub repository. Given the lack of any commercial product to date, it might be the only way to see this piece of sci-fi tech come to life.

Thieves Ransack Queens Bank Vault, Leaving Many Deposit Boxes on Roof - The New York Times

 

Workers arrived at Maspeth Federal Savings Bank on Monday only to discover that several dozen safe deposit boxes were missing.

They did not have to look far to find them.

When the police arrived at the bank branch in Rego Park, Queens, they found the boxes piled on the roof, next to a wide hole through which, it appeared, thieves had broken into the vault over the weekend.


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Read entire report here.

FAQ and Resource Page for Maspeth Federal Savings-- Rego Park branch--Safe Deposit Box Burglary



May 28, 2016

Skype 7.0 For Android Delivers New Tablet Interface | Ubergizmo


If you are a frequent user of Skype across numerous platforms, then you would be sure to notice that Microsoft has not neglected Skype users in this aspect, having rolled out new versions and updates from time to time, and their latest effort would be the notably improved version of Skype for Android. Skype 7.0 for Android is said to deliver a revamped tablet interface, and this particular interface is touted to enable even more efficient communication, not to mention introducing a greater level of ease to search for contacts and chats from within the app.



Tenant's Checklist Of Silent Lease Issues (Third Edition)--Joshua Stein PLLC



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Like the previous editions, this third edition seeks to help tenants' attorneys identify and, if they choose to, raise "silent lease issues" when they review a typical landlord's standard commercial lease.


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May 27, 2016

Future Now Certain for Oyez SCOTUS Archive; Finds New Home at Cornell's LII - Robert Ambrogi's LawSites



In 1996, Jerry Goldman, then a professor at Northwestern University, assembled a few dozen recordings of Supreme Court arguments and made them available through a website originally called The Oyez Project. Today Oyez, as it is now known, has grown to become the authoritative source for all of the Supreme Court's audio since the court first installed a recording system in 1955, as well as an extensive archive of related resources. But with Goldman retiring this month from Chicago-Kent College of Law, where Oyez is now run, the site's future was in question.

That question has now been answered as the Legal Information Institute at Cornell University Law School, the legal resource site Justia, and Oyez announced that Oyez will move to the LII as its new home, with infrastructure and technical support from Justia, which had already been quietly supporting the Oyez site for several years.


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Read entire report here.



What Lawyers Should Know About Cloud Computing Security Standards - Legal Talk Network



What Lawyers Should Know About Cloud Computing Security Standards

The large volume of data that many law firms handle makes utilizing cloud computing services a very enticing prospect. What ethical standards should lawyers expect these companies to abide by? What should lawyers look for in a cloud computing provider?

In this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway speak with Clio founder and CEO Jack Newton and Rocket Matter founder and CEO Larry Port about cloud computing and the new cloud security standards for legal professionals released by the Legal Cloud Computing Association. Larry explains what the LCCA is and how it formed out of a need to educate lawyers about what is happening in the cloud. Jack provides some insight into the creation of the security standards, such as terms of service privacy policies and encryption, and states that with these standards as a baseline lawyers will be able to more easily assess if a cloud computing provider is adhering to certain ethical standards. Larry also lists a few factors lawyers should consider, like where the SaaS data center is located, and the four things (vulnerability scans, penetration testing, and aesthetic code and dynamic code reviews) that the standards require in security testing. They both end the interview with an analysis of in-transit and at rest encryption and the benefits and drawbacks of zero knowledge level security.

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