By Eddie Small |

***

The decision concluded that Rakower "erred in annulling the remainder" of the DFS regulations, but it voided two of the rules: the 200 percent cap on out-of-pocket costs for "certain ancillary searches" that insurance companies conduct and the restrictions on payments to closers. Closers rely on gratuities for most of their income.

***
By Andrew Denney 



By Andrew Denney 

Chief Judge Janet DiFiore has amended her code of ethics for non-judicial employees of the  state court system to add gender identity and expression as protected classes.

DiFiore said in a public notice entered into the state register that the change, an amendment to the Rules of the Chief Judge, was made in consultation with the Administrative Board of the Courts and with the approval of the Court of Appeals.

Read more...



How to make your old iPhone last longer | Cult of Mac

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BY  

The iPhone is a great investment, then (for you, if not for share traders) but you can make it last a lot longer. Try these tips to make your iPhone last you for years.

Iowa's 'ag-gag' law violates First Amendment, federal judge rules

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BY DEBRA CASSENS WEISS

A federal judge on Wednesday struck down an Iowa law that makes it a crime to obtain access to an agricultural production facility under false pretenses.

U.S. District Judge James Gritzner of Des Moines said the "ag-gag" law violates the First Amendment, report Courthouse News Service, the Associated Press and the Des Moines Register. A press release from the American Civil Liberties Union of Iowa is here.


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How to redact a PDF and protect your clients

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BY JASON TASHEA


In a technical oversight, lawyers for former Trump campaign chair Paul Manafort failed to redact a recent filing correctly, making previously confidential information public.

10 must-have apps for your new Apple Watch | Macworld

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The Apple Watch is great right out of the box, but you'll want to add a few apps to really make it sing. Apple's wearable is a true marvel, especially the Series 4, but you'll never know just how useful it can be if you don't expand your horizons a bit.

When we think about the Apple Watch apps we just can't live without, these are at the top of the list. Some are free, some are not, but every single one is worth your while.

Read more...


C. Bruce Lawrence

Thursday, January 17th is the Senior Lawyers Section's day at the NY Hilton Midtown, 1335 Avenue of the Americas. I wanted to communicate what our plans are for the day.

  • We will start our day with a continental breakfast at 8:30 at the Gramercy East room on the second floor of the hotel.
  • Then at 9:00 Judge Lippman will be presenting the Lippman Pro Bono Award to two honorees.
  • After a short break at around 9:50 we will hold our Section's Annual Meeting with election of officers.
  • At around 10:00 our Program a on Senior Lawyers in Transition will begin. This is not a CLE and there is no cost to attend, more about the program below.
  • These 4 activities require that you be registered in attendance at the Annual Meeting. You can do that on the NYSBA website or on the 2nd floor of the hotel.

I'm inviting you to attend this symposium (a "Gathering") to discuss our programing to assist Senior Lawyers in Transition from10 AM until noon. Over the past nine months, the Senior Lawyer Section has been developing a Meeting of the Minds series of initiatives that include regional meetings (Gatherings) to bring together like-minded individuals to serve as a resource, a source of encouragement and a sounding board of peers in a safe, neutral place to relax, talk and learn. These gatherings have been designed to bring together senior lawyers looking to explore business opportunities and retirement options with younger lawyers and law students looking to gain a foothold in the profession.

            Partnering with both the Young Lawyers Section and the General Practice Section, we held our first regional Gathering with the Monroe County Bar Association in Rochester in October 2018. We brought senior lawyers together with young lawyers, and for many in attendance this was their first opportunity to talk with contemporaries about transitioning. 
           

At the Gathering at the Annual Meeting on January 17th we are inviting speakers, including bar leaders, bar executives, those involved in Lawyers Concerned for Lawyers, and other key section and committee leaders who may share this same interest.  We are hoping to involve the Courts, the law school community, and health care providers who share our concerns about the aging legal workforce and the future of the profession.

            The "Gathering" will include a round table discussion to explore how the Section can join with all co-sponsoring entities including: local bar associations, Young Lawyers Section, and the General Practice Section to come together in new ways to help senior lawyers, as well as younger lawyers who are entering the profession. We want this to be a dialogue.



------------------------------
C. Bruce Lawrence Esq.
Chair, Senior Lawyers Section
Boylan Code LLP
Rochester NY
(585) 232-5300 x256
------------------------------

General Order #48--NDNY

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Please be advised that the Court has issued General Order #48 In Re: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding.  All civil cases (other than civil forfeiture cases) in which the United States Attorney's Office for the Northern District of New York has appeared as counsel for the United States, its agencies, and/or its employees are hereby stayed until the business day after the President signs into law a budget appropriation that restores Department of Justice funding. 

Full text of General Order #48 can be found here:

https://www.nynd.uscourts.gov/sites/nynd/files/general-ordes/GO%2048_0.pdf

Thank you,

John M. Domurad
Clerk of Court



After a break of a couple of years due to health concerns, we are resuming the New Year's Legal Predictions Blog Post!  We have reached out to our friends & colleagues for their insights into the future of the legal world.  This year we are grouping everyone's thoughts under 16 categories from "Artificial Intelligence in the law firm environment" to "Something you will be working on or thinking about in 2019."

I am happy to present their thoughts and trust that they will be interesting, humorous and thought-provoking.  I hope our dear readers will share their thoughts in the comments area!


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Best Law Practice Management Software Reviews (2018)--Lawyerist

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Law Practice Management Software

Find the best law practice management software for your law firm using our comparison chart, industry experience, and feature descriptions in our law practice management software reviews.


Attorney Survey on Gender Fairness in the New York State Courts

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From: WOMENINTHECOURTS <WOMENINTHECOURTS@nycourts.gov>
Date: Mon, Dec 17, 2018, 5:13 PM
Subject: NOTICE TO BAR ASSOCIATION PRESIDENTS AND EXECUTIVES
To: 

 

Dear Bar Association President or Executive, 

 

As you may know, Chief Judge Janet DiFiore and the New York State Judicial Committee on Women in the Courts recently distributed an online, electronic survey to all active members of the Bar who included an email address in their attorney registration form. We are making a final push to request those participants to complete the survey. Toward that end, we would very much appreciate your sending the message below to your membership before the holidays.

 

Thank you very much for your cooperation.

 

With warmest wishes to you for a wonderful holiday season and a very happy New Year,

 

Betty Weinberg Ellerin, Chair

NYS Judicial Committee on Women in the Courts

 

*********************************

NOTICE TO BAR ASSOCIATION MEMBERS

 

In November, Chief Judge DiFiore and the New York State Judicial Committee on Women in the Courts began distributing an Attorney Survey on Gender Fairness in the New York State Courts. The survey replicates some of the questions from the original 1985 survey to allow for progress to be measured, and it addresses some additional areas.

 

The electronic survey was distributed by email to all attorneys in the Attorney Registration Database who have a place of business or reside in New York, New Jersey, or Connecticut and provided their email address in their attorney registration form. The survey, which has been distributed to approximately 70,000 attorneys includes a unique, single use, link to each potential participant. This represents a sample of 41% of all attorneys registered as active in the OCA attorney registration database. For statistical analysis, this is an enormous sample. The purpose of making the link unique was to ensure the survey would not be duplicated and shared thereby enhancing the data reliability and validity of the findings. 

 

  • If you are a NY state court user and have received the invitational email from Chief Judge DiFiore, please complete the 15 minute survey before the end of December. Your response is very important and will be kept confidential. It will be aggregated with other survey responses.
  • If you have not received the invitational email and believe you included your email address in your attorney registration, please check your SPAM folder. 
  • Please do not share the link. It was intended for you and can only be used once.
  • If you did not receive the survey, it's likely that you did not include your email address on the attorney registration form.

 

The press release announcing the survey ... may be found here. Should you have any questions, please send them to WOMENINTHECOURTS@nycourts.gov.

 

Redesigned Form 1040, Schedules and Instructions Now Available

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The redesigned Form 1040, U.S. Individual Income Tax Return, for tax year 2018 is now available on IRS.gov. Also available are Schedules 1 through 6 and the 1040 Instructions. The 2018 Form 1040 uses a "building block" approach, so your clients with straightforward tax situations will only need to file Form 1040. If you have clients needing to provide supplemental information, they can use the new numbered schedules. For tax year 2018, individuals will no longer use Form 1040-A or Form 1040-EZ.

More information about the 2018 Form 1040 is available on IRS.gov.





You can check your heart rate any time using the Heart Rate app. Open the app, then wait for Apple Watch to measure your heart rate. You can also view your resting, walking, breathe, workout, and recovery rates throughout the day. To easily open the app, add the Heart Rate complication to your watch face or add the Heart Rate app to the Dock.

Memo Madness!!!

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The DOJ's sentencing memo on Cohen. U.S. DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK 

The Mueller sentencing memo on Cohen. U.S. DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK 

SDNY Prosecutors Urge 'Substantial' Prison Time for Michael Cohen | Law.com

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Read the Doc: Prosecutors Seek 'Substantial' Prison Time for Michael Cohen

Lawyers from the Manhattan U.S. Attorney's office acknowledge help from Trump's former attorney, but strongly urge the court not to mistake his efforts for those of a traditional cooperator. 


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 @michaelpotuck

Apple has ... opened up a new online store for active military personnel and veterans to make purchasing its products at a discount more accessible. Different from its education pricing, eligible military customers will receive 10% off Apple products, and the new discounted pricing even includes iPhones, Apple Watch, accessories, and more.

***
As reported by Steven Aquino, Apple's new Veterans and Military Store webpage offers 10% off on what looks like all of its products. The new storefront comes just in time for the holiday season.

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One great aspect to this military discount is that immediate family members can take advantage of it, proving especially useful for active military who are currently deployed.

Read more...

1L Gets Statutory Tattoo And It's Awesome | Above the Law

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Elie Mystal


***

I mean, homegirl even tattooed a mouse cursor hovering over the statute. How can I not love that? I know I'm supposed to be Mr. Cynical Internet Man, but getting a Stat Tat (let's make that a thing) is endearing.


By Eli Hager and Anna Flagg

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Mothers and fathers who have a child placed in foster care because they are incarcerated -- but who have not been accused of child abuse, neglect, endangerment, or even drug or alcohol use -- are more likely to have their parental rights terminated than those who physically or sexually assault their kids, according to a Marshall Project analysis of approximately 3 million child-welfare cases nationally.

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Why is Karl Taylor dead? His violent death in an upstate New York prison in April 2015 is another tragic story of the deadly consequences of having mentally ill inmates guarded by correctional officers with neither the training nor inclination to humanely handle them. It's also a story of missed opportunities, for both the victim and his guards. In collaboration with The Atlantic, TMP's Tom Robbins pieces together the story.



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