July 22, 2014

Your Gmail account is fair game for cops or feds, says US judge| Naked Security

Case 1:14-mj-00309-UA (SDNY) by Leonard E Sienko Jr



Southern District NY  "... on Thursday opened up our entire Gmail accounts to feds or cops with warrants, in spite of two recent decisions that went against similar requests.

Besides the decision itself, which concerns a money-laundering investigation, New York District Judge Gabriel Gorenstein's decision was unusual in that the he actually took the trouble to write a lengthy explanation.

He wrote that email accounts are the same as hard drives, as far as the law was concerned, meaning they can be seized in their entirety when investigators show up with a warrant..."

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Read entire analysis by Naked Security here.

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July 19, 2014

Amazon's Kindle Unlimited Service Is Now Official | Ubergizmo



By 

A few days ago, it was reported that Amazon was planning on introducing an unlimited Kindle service. Basically it involves users subscribing to the Kindle Unlimited service at $9.99 a month and gain access to pretty much the entire Kindle library at Amazon. Sounds like a good deal, right?

Well if you're an avid reader and you think that you will be able to make your money worthwhile, you might be pleased to learn that Amazon has officially launched the Kindle Unlimited service. The information seems to the same as what we saw the other day, which was pretty much Amazon announcing it ahead of it.

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Read Tyler Lee's complete post here.

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EDITOR'S NOTE:  Kindle Unlimited has its own "Free" buttons on Amazon; i.e., when you find a book you want, be careful to choose the Kindle Unlimited 

Free"  button--not the "One-Click" or other buttons.  If you use "One-Click", you will be charged and have to figure out how to cancel the order.  

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Hacking Chaos: The Cornell Method of Note-Taking--Lisa Needham for Lawyerist


Taking notes by hand is better than typing notes, because it forces you to slow down and focus on what is important. Slowing down greatly increases your understanding of information, which is why you need to become better at note-taking.

That's where the Cornell Method comes in. The Cornell Method has you separate your notes into note-taking portion, key points, and a summary. And it is ideal for lawyers.1

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If you've wondered why you take notes as you do at trial and have forgotten where you came up with the form you use, read the entire article, complete with illustrations.


Model Legal Documents--NVCA Model Venture Capital Financing Documents



A "template" set of model legal documents for venture capital investments put together by a group of leading venture capital attorneys. The model venture capital financing documents consist of:

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Who Will "own" These Documents?

No one will own the documents. They will be in the public domain. However, the "mother" forms are posted here on the publicly accessible portion of the NVCA web site so that users downloading them from this site can be assured that they are always using the most current and up-to-date version.

 DISCLAIMER: EACH DOCUMENT IS INTENDED TO SERVE AS A STARTING POINT ONLY, AND SHOULD BE TAILORED TO MEET YOUR SPECIFIC REQUIREMENTS. THE DOCUMENTS SHOULD NOT BE CONSTRUED AS LEGAL ADVICE FOR ANY PARTICULAR FACTS OR CIRCUMSTANCES.

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July 17, 2014

Application for New York State Education Department Certification as a Special Education Impartial Hearing Officer: Special Education : P-12 : NYSED



The New York State Education Department is seeking applications from individuals to serve as impartial hearing officers (IHOs) to conduct special education impartial due process hearings for students with disabilities, 3-21 years of age pursuant to section 200.1(x) of the Regulations of the Commissioner of Education. Interested individuals should submit a letter of interest, completed application and resume no later than July 30, 2014. For more information, please see http://www.p12.nysed.gov/specialed/dueprocess/IHOannounce.htm. Please share as appropriate. Thank you.
 
 
New York State Education Department
P-12: Office of Special Education
89 Washington Avenue, Room 309 EB
Albany, NY 12234

July 14, 2014

Today's Tech: How A California Personal Injury Attorney Uses Google Glass -Niki Black

From:  « Above the Law: A Legal Web Site - News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources

 Meet Mitch Jackson, a California personal injury attorney, and learn how he uses the wearable technology Google Glass in his law firm.

***

It turns out, Mitch is realistic about the limitations of Google Glass in its present state. Even so, he believes that investing time into learning how to use it now it will pay off. "I see it as a short- and long-term play. How practical is it in the practice of catastrophic injury and death cases? It's not quite there yet," he admits. "Of course I could do some -- but not all -- of the things I use Glass for using my smartphone. But wearable mobile technology is the future, in my opinion. So that's why I'm using it now -- to get comfortable with it. I want to be at the forefront of where the technology is going. That way I'll understand how it needs to improve and how I can use it in my practice to improve the client experience and give me an edge over my competitors. That's why I'm incorporating Google Glass into my workflow as much as I can."

Despite the newness of Google Glass, Mitch is implementing it into his law practice as much as possible and hopes to use it during trial in the near future. "I've used it to record interviews of witnesses and during depositions to videotape the proceeding so that my client can watch it later," he says. "And, I was planning to use Glass earlier this year in two jury trials, with the consent of the judge and opposing counsel, but both cases settled. I must admit that although I'm glad we were able to resolve the cases, I was a bit disappointed in not having the opportunity to use Glass during trial."

When I asked how Mitch expects to use Google Glass during trial, he replied: "In the near future, and subject to court approval, I hope to use Glass to pick my juries and examine witnesses. For example, I anticipate picking a jury here in California and use Glass to confidentially interact in real time with my jury consultant back in New York. Based upon the responses and body language she observes from the real-time feed, she can share follow-up questions and concerns via my ear bud. Information and issues she finds in her database searches that I need to know about will be discreetly displayed to my Google Glass screen."

Another way that he uses Google Glass is to communicate with clients. "I use Google Glass to stay connected with my clients and stay on top of my calendar and social media. Each new client is added to my Glass contact list and throughout the course of the day I can easily monitor and respond to inquiries regardless of where I am or what I'm doing," he explains. "For example, I'll use the camera function of Google Glass to share real-time images and videos with clients while working on pleadings or taking the deposition of a witnesses. They enjoy getting an update with me holding up a finished pleading or settlement check and tell me that they appreciate the extra effort and prompt service."

***





Lawyers may look at what jurors post online, but only if it's available to the public-ABA Journal


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The gist of Formal Opinion 466 is that, within the context of Model Rule 3.5, a lawyer may review a juror's or potential juror's various postings on websites and social media. But the lawyer should not send jurors or prospective jurors a request for access, either directly or indirectly, to their social media accounts because doing so would amount to a violation of the prohibition in Model Rule 3.5(b) against ex parte communications with jurors that are not authorized by law or court order.

In a footnote, the ethics committee states that it "does not take a position on whether the standard of care for competent lawyer performance requires using Internet research to locate information about jurors that is relevant to the jury selection process. We are also mindful of the recent addition of Comment [8] to Model Rule 1.1. This comment explains that a lawyer 'should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.' "

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The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 466(PDF), issued April 24.

Read entire ABA Journal article here.


NACDL - Clemency Project Overview



NDNYFCBA Logo

Northern District of New York
Federal Court Bar Association, Inc. 
(315) 422-2799
July 13, 2014

ANNOUNCEMENT


NACDL Clemency Project 2014 
Upcoming Mandatory
Live Webinar Training
July 15 and July 16, 2014 


Dear Leonard:

The NDNY-Federal Court Bar Association is pleased to forward our members the following information regarding the 2014 NACDL Clemency Project and the upcoming 2014 Required Training Live Webinar which will be held on July 15, and July 16, 2014.

The NACDL Clemency Project asks the legal profession to provide pro bono assistance to federal prisoners who would have likely received a shorter sentence if they had been sentenced by  today's sentencing standards.  Support for this program comes from the NACDL, ABA, FAMM, ACLU, federal public defenders and other bar groups.

Please contact the Clemency Project administrators for details, questions and registration:  
clemencyproject@nacdl.org.

For more information about the program please visit their website at: http://www.nacdl.org/NewsReleases.aspx?id=33100.
_________________________

Dear Clemency Project 2014 Volunteers,

First, on behalf of NACDL, our colleagues at the ABA, FAMM, the ACLU, federal public defenders, and the many other bar groups that are referring volunteer lawyers to Clemency Project 2014, I want to again extend our deepest gratitude for this remarkable outpouring of support in this effort. For those who have previously heard from us, this is a further update on where things stand. For those who have volunteered since our previous communication, welcome to the Project.

The most important piece of information to communicate is that the required training for all Clemency Project volunteers will be conducted via a live webinar on July 15 and 16. The program will be webcast from NACDL headquarters, and will also be available online shortly thereafter for on-demand viewing. Therefore, while live viewing is preferable, it is not mandatory. It is anticipated that the complete program will consist of four 90-minute segments.

Prior to the live training, all volunteers will be provided with a link to view the program agenda. We plan to conduct the program in an interactive manner to afford participants an opportunity to submit questions. If there are clarifying questions that cannot be addressed during the webcast, Project volunteers will share the questions and answers via an email subsequent to the live production. All participants, whether participating in the live webcast, or viewing it subsequently online, will be required to certify that they have viewed the entire training program before cases are assigned to them. Case assignment will begin shortly thereafter.

As many of you know, the Bureau of Prisons has been notifying all inmates serving federal sentences of the clemency initiative and its criteria. Additionally, all inmates are being advised that they may request pro bono counsel through Clemency Project 2014. Most inmates are receiving the notification and an electronic questionnaire via the BOP internal TRULINCS communications system. The results of that survey are transmitted to Clemency Project 2014 and imported into a tracking system that will be the central repository for all requests. The tracking system will provide you online access to verify and update the inmate's information, as well as to track the progress of each case. As of now, we have received more than 18,000 requests for assistance. Additionally, the small percentage of inmates who cannot access the electronic survey have access to a paper questionnaire that they can mail to Clemency Project 2014. So far, we have received close to 1,000 questionnaires.

Thus, in addition to the tremendous efforts of a Training Committee that is assembling both the core training and supplementary materials to assist those who will be reviewing the inmate requests, we are spending the time between now and mid-July to organize and sort all of the electronic data, as well as to capture the raw data received on the paper questionnaires.

Additionally, sometime between now and the training program, you will be asked to register for the training and complete a survey. The survey will seek to determine how much time and resources you can devote to the project, and to provide the Project with some basic information about your experience level. This information will help the Project determine how best to employ your talents at the various phases of the review, screening, and petition drafting process.

We are extremely pleased that Cynthia Roseberry, an outstanding criminal defense lawyer who has most recently served as the Executive Director of the Federal Defenders for the Middle District of Georgia, will be coming to Washington, D.C. to serve as Project Manager. Once Cynthia arrives at her post, in the middle of this month, she will be the principal point person for you as volunteers and she will be responsible for the overall management of the Project.

Again, thank you for volunteering. We will continue to provide periodic updates via email. In the meantime, for those who can be available, we hope you will join us for the July 15 and 16 training webcast.

One final note: from time to time, we will send essential updates such as this to all volunteers for Clemency Project 2014. Please do not unsubscribe from this distribution list, as it will mean that you will no longer receive information concerning the project. For questions or updates about the Clemency Project, please send emails toclemencyproject@nacdl.org<mailto:clemencyproject@nacdl.org>.

With best regards and gratitude on behalf of my colleagues in Clemency Project 2014,

Norman L. Reimer

Executive Director
NACDL

____________________________


We encourage all interested attorney to join this worthwhile project.

Sincerely,

Edward R. Conan
2012 Past President
and
The Officers for the NDNY-Federal Court Bar Association
NDNY-Federal Court Bar Association
www.ndnyfcba.org
(315) 422-2799


July 10, 2014

2 Arrested For Flying Drone Close To New York Police Chopper--Ubergizmo

1111

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While the Federal Aviation Administration has until next year to come up with rules that govern the use of drones in the National Airspace System there's no denying the fact that drones have already taken to the skies. Available for a couple of hundred dollars, with models offering better altitude and range costing thousands, its fairly easy for anyone to get their hands on a drone.

This means that inevitably there would be a situation where someone lands in trouble even when they think they aren't doing anything wrong. That's exactly what happened to Wilkins Mendoza and Remy Castro who were arrested for flying a DJI Phantom 2 drone too close to a New York Police helicopter.

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Read entire Ubergizmo report here.



July 8, 2014

JURIST - New York governor signs bill legalizing medical marijuana




[JURIST] New York Governor Andrew Cuomo[official website] on Monday signed [press release] the Compassionate Care Act [text] into law, making New York the twenty-third state to legalize medical marijuana. The bill legalizes the possession, manufacture, use, delivery, transport or administration of medical marijuana by a designated caregiver for a certified medical use. It allows medical professionals to prescribe marijuana to patients with debilitating or life-threatening conditions such as terminal illness, severe chronic pain, nausea and other illnesses or as the commissioner deems appropriate. The legislation also requires patients to obtain a registry identification card, valid for a year, unless the patient is terminally ill, in which case the registration remains in effect until death. The bill also imposes an excise tax on the marijuana, which is only to be administered in ingestible or sublingual (dissolvable) form.

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July 6, 2014

Notice of Public Hearing: Special Education : P-12 : NYSED



United States Department of Education
Notice of Public Hearing 
July 16, 2014
1:00 pm-3:00 pm and 6:00 pm - 8:00 pm
New York State Education Department
Office of Professional Discipline
1411 Broadway 
Regents Room 10th Floor
New York, New York

On Wednesday, July 16, 2014, the United States Department of Education (the Department) will conduct public hearings, pursuant to section 457 of the General Education Provisions Act (GEPA), 20 U.S.C. § 1234f to determine whether it should enter into a Compliance Agreement with the New York State Education Department (NYSED).  Written public comments on this issue will also be accepted through July 26, 2014.  NYSED has requested that the Department allow NYSED to enter into a Compliance Agreement to resolve its noncompliance with a specific requirement under Part B of the Individuals with Disabilities Education Act (IDEA).  Since April 2012, NYSED has not been in compliance with the IDEA Part B requirement to issue within thirty (30) days, unless a party requests and is granted a specific extension, the State-level independent decision in an appeal of an impartial due process hearing officer's decision.  (20 U.S.C. § 1415(g); 34 CFR §§ 300.514(b) and 300.515(b)).  NYSED has stated that it is not able to correct this noncompliance within one year due to the significant and unanticipated increase in the number of appeals of due process hearing decisions under Part B of the IDEA.


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You must have a photo ID and should arrive early to process through security.  To facilitate security processing, all individuals planning to attend must notify the Department by July 7, 2014 so that a list of attendees can be provided to Building Security.  In addition, please indicate if you plan to give testimony.  Participation notification and requests for reasonable accommodations should be submitted to: Jocelyn Logan-Friend with the Department at OSEPnysedhearinginfo@ed.gov by July 7, 2014. 


***

n consideration of information provided through this public comment process, the Department will determine whether it is feasible for NYSED to reach compliance within one year and, based on that determination, will issue Written Findings and a Decision to that effect, which will be published in the Federal Register along with the substance of any Compliance Agreement. 

To obtain a copy of this notice, please contact Jocelyn Logan-Friend atOSEPnysedhearinginfo@ed.gov

You may also click here.


July 3, 2014

New 1023-EZ Form Makes Applying for 501(c)(3) Tax-Exempt Status Easier; Most Charities Qualify

The Internal Revenue Service this week introduced a new, shorter application form to help small charities apply for 501(c)(3) tax-exempt status more easily.

The new Form 1023-EZ, available today on IRS.gov, is three pages long, compared with the standard 26-page Form 1023. Most small organizations, including as many as 70 percent of all applicants, qualify to use the new streamlined form. Most organizations with gross receipts of $50,000 or less and assets of $250,000 or less are eligible.


***

The new EZ form must be filed online. The instructions include an eligibility checklist that organizations must complete before filing the form.

The Form 1023-EZ must be filed using pay.gov, and a $400 user fee is due at the time the form is submitted. Further details on the new Form 1023-EZ application process can be found in Revenue Procedure 2014-40, posted today on IRS.gov.



July 1, 2014

State Senator Thomas Libous Indicted on Federal Charges - NYTimes.com

http://www.nytimes.com/2014/07/02/nyregion/state-senator-thomas-libous-indicted-on-charges-of-lying-to-fbi.html?_r=0
Read NYTIMES Report Here.



Libous Thomas.indictment by Jon Campbell

The Art of Being Solo -- Sarah Poriss



Make sure to view them all before they expire on 7/7/14.


This list should make it easier for you to navigate the topics, speakers and where to find the links to each interview: 


(topic / speaker / day of original release)


The E-Myth Attorney  Robert Armstrong (day 10) 
Mindfulness in your law practice  Jeena Cho (day 7) 
*Decrypting LinkedIn  Amy Cole (day 3)
Cultivating referral sources  Stephen Fairley (day 6)
*Strategic networking  Nancy Fox  (day 2)
Ethics and going $olo  Marc Garfinkle  (day 6)
Blogging magic  Cindy Greenway  (day 2) 
Lawyering and acting techniques  Katherine James (day 7)
Finding the right law job  Marc Luber  (day 9)
*Apps for lawyers  Tom Mighell (day 8) 
Solo practice and novel writing  Jonathan Miller (day 3)
Online marketing  Nicole Munoz (day 8)
Client loyalty   Alexis Neely (day 1) 
Rainmaking techniques  Mike O'Horo (day 5)
Intake call skills  Ryan Pitz (day 9)
Tips to grow your business  RJon Robins (day 5) 

Authentic web sites for lawyers  Lee Rosen (day 4)
Podcasting and social media  Jacob Saphochnick (day 10)
*Alternative fee options  Allison Shields (day 4) 
*Going paperless  Ernest Svenson (day 1)


*These speakers offered a bonus gift to registrants of The Art of Being Solo


Enjoy!

Sarah Poriss

Host, The Art of Being Solo



PS- Registration is still open so please feel free to forward this to friends, classmates, co-workers, other fellow solo and small firm lawyers or any small business owner who would also be interested in the topics covered and would like the free gifts. Their link to register is: www.sarahporiss.com/mohe  


June 30, 2014

NY Court of Appeals Holds Local Governments Have Authority to Regulate Hydrofracking Through Zoning





130 131opn14 Decision

Fourteen LinkedIn Tips for (the Rest of) 2014 | LLRX.com


Dennis Kennedy is an information technology lawyer and legal technology author. Allison C. Shields is the president of Legal Ease Consulting, Inc. They are co-authors of the books LinkedIn in One Hour for Lawyers and LinkedIn in One Hour. 

***

LinkedIn has surged past 300 million users. It remains the most popular social media platform for business and professional use. In fact, it's becoming rare to find people in any kind of business who say that they are not on LinkedIn.

At the same, a certain sense of complacency has settled over the use of LinkedIn. We often hear people say that they've been on LinkedIn for a while and they haven't found it all that helpful, especially for reaching potential customers and clients. Since LinkedIn has been around for more than 10 years, there's also a sense of "been there, done that" about it. Some people are always looking for the next new thing in social media.

In fact, most of us have barely scratched the surface of either the features or the potential of LinkedIn. LinkedIn has steadily added new features, especially in the past year or so. This will be a great year to take your use of LinkedIn up a level or two, and increase the value and benefits of the platform to you and your business.

***

Read complete article here.


Home Screen: Ian O'Flaherty -- MacSparky

 Ian O'Flaherty (Twitter) (Website) is the developer of Trial Pad (App Store) and Transcript Pad (App Store).

Besides the obvious bias towards my own apps, TrialPad and TranscriptPadKeynote is a favorite. It can assist anyone to create great looking presentations. I use Keynote not only for presentations, but also to create fully functional mock-ups of new app ideas, or to see how a new user interface element might look within one of my existing apps. I thinkGoodNotes is one of the better note taking apps, and is ideal for my needs. Besides note taking, I use it to bring in screen shots of apps to draw on and sketch various user interface changes or ideas, especially with its shape recognition mode. My RSS reader of choice is Mr. Reader as I like the way you can organize and skim through your feeds, and I've recently started usingPocket to save interesting articles to read later when I have more time. I have tried various podcast apps but keep coming back to Apple's own Podcasts to listen to great podcasts, such as Mac Power Users ;)


June 28, 2014

Aperture is Dead. Long Live Photos! | ApertureExpert



More than you ever wanted to know about Aperture and Photos! from Joseph at Aperture expert:

On the surface, it doesn't seem like good news, but there's a lot more to this than a few lines of text. First, the official words.

"With the introduction of the new Photos app and iCloud Photo Library, enabling you to safely store all of your photos in iCloud and access them from anywhere, there will be no new development of Aperture. When Photos for OS X ships next year, users will be able to migrate their existing Aperture libraries to Photos for OS X." -- Apple, Inc.

In short, Aperture as we know it is dead. So let's take a step back and figure out what this really means, because obviously photography is far from unimportant to Apple. There are more questions than answers now than ever before, and I'll try to come up with all the right questions and all my best answers. Call this interpretation, speculation, or clairvoyance -- but here's how I'm reading into this.

July 15, 2014 CLE - False Claims Act and Qui Tam Enforcement - Albany, New York



NDNY-FCBA CLE - "False Claims Act and Qui Tam Enforcement:  All Points of View"
Albany, July 15, 2014

9:00 a.m - 1:00 p.m.

Registration at 8:30 a.m.

4.5 credits - Professional Practice


The civil False Claims Act is one of the fastest growing areas of federal litigation, particularly because of its unique qui tam provisions, which allow private citizens to file suit alleging fraud on behalf of the government. If the government prevails in the action, the whistleblower (known as a "relator") receives up to 30 percent of the recovery. The Department of Justice secured $3.8 billion in False Claims Act settlements and judgments last fiscal year alone, of which relators received $345 million. Several million of those
dollars were recovered as a result of cases filed in the Northern District of 
New York.


This comprehensive CLE features a well-balanced faculty of local and national False Claims Act practitioners who will speak from varying perspectives and address all aspects of False Claims Act and qui tam matters. Our speakers include representatives from the U.S. Department of Justice, the New York State Office of the Attorney General, a federal Inspector General's Office, as well as members of the relators and defense bars, to ensure a balanced discussion.


What You Will Learn
Whether you are a beginner or an expert, this CLE has something for you - from a presentation by United States Attorney Richard S. Hartunian on the types of cases that his office is bringing in upstate and central New York, to practical solutions regarding litigation strategy presented by seasoned practitioners in this field.


The CLE will include a primer on the False Claims Act, an overview of the federal government's role in False Claims Act litigation, and a panel discussion that will address various topics ranging from dealing with parallel civil, criminal, and administrative proceedings to emerging issues in qui tam litigation.


Time is reserved throughout the program to address registrants' questions.

Register Now!


There is no charge for this program.  Program is free for members of NDNY-FCBA...Non-members may join NDNY-FCBA and also be admitted free.

June 25, 2014

Every Legal App For Android-Lawyerist



Lawyerist:  "There are plenty of Android apps for lawyers including apps for case management, billing, trial preparation, and legal research. This list includes every legal app for Android that we could find in the Google Play store...".