April 2009 Archives

Chrysler Bankruptcy Filing

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Windows Only: 2007 Microsoft Office Suite Service Pack 2

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Download details: The 2007 Microsoft Office Suite Service Pack 2 (SP2)

Service Pack 2 provides the latest updates to the 2007 Microsoft Office suite.
SP2 is 290.2 MB, so you'd better start downloading now. Use your Windows Update or, if that doesn't register the update, download directly from the page linked above.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 04/28/09

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FCC v. Fox Tel. Stations, Inc., No. 07-582
In an appeal from an FCC order finding language used on a television broadcast indecent in violation of 18 U.S.C. section 1464, the Court of Appeals' order vacating the agency's order is reversed where the FCC's action was neither arbitrary nor capricious within the meaning of the Administrative Procedure Act.


Cone v. Bell, No. 07-1114
In a capital habeas proceeding, the denial of Petitioner's habeas petition is reversed where the state courts' rejection of Petitioner's Brady v. Maryland claim did not rest on a ground that barred federal review, and the lower courts failed to adequately consider whether the allegedly withheld evidence was material to Petitioner's sentence.


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Twitter Alerts - TweetBeep.com

TweetBeep, allows you to sign up for e-mail alerts to Twitter conversations that mention you, your firm, a client, your Web site or anything else.


Hat Tip to Webwatch from law.com.

ScanSnap S1500 (M)

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Sam Glover of Lawyerist compares Fujitsu SnapScan S500 and the new S1500. Read the entire review and helpful comments here. The new scanner retails for $459.00.

ScanSnap S1500 first look from Sam Glover on Vimeo.

World's Smallest Production Car--Peel P-50

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WSGR Term Sheet Generator

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Website: Wilson Sonsini Goodrich & Rosati -
Term Sheet Generator

This tool will generate a venture financing term sheet based on your responses to an online questionnaire. It also has an informational component, with basic tutorials and annotations on financing terms. This term sheet generator is a modified version of a tool that they use internally, which comprises one part of a suite of document automation tools that they use to generate start-up and venture financing-related documents.

Because it has been designed as a generic tool that takes into account a number of options, this version of the term sheet generator is fairly expansive and includes significantly more detail than would likely be found in a customized application.


This is the program mentioned by Richard Susskind in his recent presentation at Harvard.

Effectively dealing with difficult client situations

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Legal Ease Blog: Effectively dealing with difficult client situations

Let's face it - sometimes it's difficult dealing with clients, particularly whenyou have to tell them somethingyou know they don't want to hear, or when a client has a complaint.

Allison C. Shields has some practical suggestions on how you can handle these problem situations. Read them at her Legal Ease Blog.


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FreeHUD-1.com - A free Web-based HUD-1 Settlement Statement Program

FreeHUD-1.com is designed with data entry as simple as typing directly onto the HUD-1 or double-clicking a HUD-1 line to access calculation fields. No downloads. No installations. Available 24-7 from wherever you have an Internet connection.

*** Hat Tip to Michael Yehl, Esq.

Senate Report Shows Military Debate Over Detainee Interrogation Tactics

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(U.S. Senate Armed Servs. Committee, Apr. 22, 2009) - The Senate Armed Services Committee today released a report from last November revealing opposition by a number of military lawyers and commanders to the Bush administration's efforts to redefine the limits of military interrogation practices used by the U.S. military in Iraq and Afghanistan.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -04/22/09

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Nken v. Holder, No. 08-681
The Court of Appeals' denial of Petitioner's motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals' authority to stay an alien's removal pending judicial review.

Susskind: The End of Lawyers-Web Cast

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I watched a lot of the presentation by Susskind at Harvard on the live web cast and was a bit put off by his emphasis on very large firms, for whom he works as a consultant. He doesn't seem to address more than half the profession who are solos or small firm members.

I still can't figure out how we are to get around jurisdictional limitations on practice if we are solos or small firms? Perhaps we are not intended to survive?

The entire thought-provoking presentation can be seen here:


It takes a while to load as it is quite large.

1-Day JetBlue Sale from NYC, $29-$99

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NEW YORK--APRIL 23, 2009-- Fares from New York City have
been reduced to $29-$99 each way in a 1-day sale announced
by JetBlue today. Flights to the West Coast are as low as $79.

The sale is for travel April 30 - June 10, but only on
Tuesdays and Wednesdays. Tickets must be booked by 11:59PM
MST tonight.

Sample fares from JFK (each way):
- Boston ... $29
- Washington, D.C. ... $29
- Charlotte ... $29
- Pittsburgh ... $29
- Bermuda ... $69
- Cancun ... $71
- Oakland ... $79
- San Francisco ... $79
- St. Maarten ... $79
- Burbank ... $99

To book directly through JetBlue Airways, click here:

Hat tip to Travelzoo


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Convert files and data online

Cometdocs is a free online document conversion interface that offers a large set of document conversions. Its unique features include on the fly OCR conversion capabilities, over 50 different conversion options and proprietary XPS and PDF conversion abilities that retains formatting, images and text in the selected output format. it is available free of charge.


Hat tip to LifeHacker.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -04/21/09

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Shinseki v. Sanders, No. 07-1209
In an application for veterans' disability benefits, the Court of Appeals for the Federal Circuit's holding that the Department of Veterans Affairs erred in denying benefits is reversed, where the Federal Circuit's "harmless-error" framework conflicts with 38 U.S.C. section 7261(b)(2)'s requirement that the Veterans Court take "due account of the rule of prejudicial error."


Ministry of Def. v. Elahi, No. 07-615
In an action seeking to attach a judgment obtained by Iran, the District Court's order permitting the attachment is reversed, where Plaintiff could not attach the judgment because he waived his right to do so, as the U.S. paid Plaintiff as partial compensation for his judgment against Iran under the Victims of Trafficking and Violence Protection Act.


Arizona v. Gant, No. 07-542
The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed, where police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

Richard Susskind: The End of Lawyers? Free Webcast

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[Apr. 22] The End of Lawyers? The End of Law Schools?
Professor Richard Susskind, Author of "The End of Lawyers?" and IT Adviser to the Lord Chief Justice of England

Wednesday, April 22, 12:15 pm
Griswold Hall 110, Harvard Law School
RSVP required for those attending in person (rsvp@cyber.law.harvard.edu)
This event will be webcast live at 12:15 pm ET.

Will lawyers be casualties in the digital revolution? This is the controversial prediction of Richard Susskind, author of The End of Lawyers? Rethinking the Nature of Legal Services. He believes that lawyers will have to ask themselves what elements of their current workload could be undertaken more quickly, more cheaply, more efficiently, or to a higher quality using different and new methods of working – because if they don’t, their competitors will. The market is unlikely to tolerate expensive lawyers for tasks that can be better discharged with support of modern systems and techniques.

Prof. Susskind predicts that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services, and by the pervasive development and uptake of new and disruptive legal technologies. The threat here for lawyers is clear - their jobs may well be eroded or even displaced. At the same time, for entrepreneurial lawyers, Susskind foresees quite different law jobs emerging which may be highly rewarding, even if very different from those of today.

Is the same true of law schools? Is the current model of legal education facing radical change? Prof. Susskind will explore these and other challenging questions in a lecture open to the entire Law School community.

About Richard Susskind
Richard Susskind has specialized in legal technology for 25 years, advising firms and governments. Since 1998, he has been IT Adviser to the Lord Chief Justice of England. In 2003, he was appointed by the Cabinet Office as Chair of the Advisory Panel on Public Sector Information. He holds law professorships at Gresham College in London and the University of Strathclyde in Glasgow. Susskind is a graduate of the University of Glasgow and earned a doctorate in law and computers from Balliol College, Oxford. He is a Fellow of the Royal Society of Edinburgh and of the British Computer Society.


Richard Susskind's Publius essay on Realising the Value of Public information


Sponsored by the Berkman Center for Internet & Society at Harvard University.

NY's New Exempt Income Protection Act Explained

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Empire Justice Center

New Protection Against the Garnishment of Exempt Funds:  The Exempt Income Protection Act

By Gina Calabrese and Kirsten Keefe

On September 26, 2008, Governor Paterson signed into law the Exempt Income Protection Act (“EIPA”), Chapter 575 of the Laws of New York, 2008.  Effective January 1, 2009, the law sharply limits judgment creditors’ ability to restrain bank accounts containing directly deposited Social Security and other exempt funds.  EIPA also prevents the first $1,716 of any account from being restrained and creates special procedures that, in most cases, will enable an accountholder to have their account released without the aid of an attorney and without going to court.  It is expected that the law will virtually eliminate the problem of restrained bank accounts for low-income New Yorkers.  Consequently, legal service providers should see a steep decline in the number of requests for assistance with frozen bank accounts.  This article discusses the changes that EIPA makes to the law governing restraining notices imposed on individuals’ bank accounts.

Read this excellent article in its entirety here

Check out the flow chart.

American Legal Process Charged with "Sewer Service"

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The New York Law Journal - Court Papers Went Undelivered; Process Server Faces Charges

A company hired to serve debt collection lawsuits to thousands of cash-strapped New Yorkers did not bother to deliver the papers much of the time, leaving many people unaware they had been sued until the case was over and their bank accounts were frozen, authorities said yesterday.

Attorney General Andrew Cuomo filed criminal fraud charges against the firm, American Legal Process, of Lynbrook, and its owner and president, William Singler.


Read entire article here.

Judge Affirms Pension Authority But Faults Lack of prior Notice

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The New York Law Journal -Free With Registration: Judge Affirms Pension Authority But Faults Lack of Prior Notice

Judge Affirms Pension Authority But Faults Lack of Prior Notice

By Vesselin Mitev
April 14, 2009

State Comptroller Thomas P. DiNapoli is reviewing his policy of notifying state pension fund members that their benefits may be revoked, after an upstate judge ruled last week that due process "may require" a "pre-deprivation hearing."

In a pair of rulings, D'Agostino v. DiNapoli, 8134-08, and Swergold v. Cuomo, 3897-08, Acting Supreme Court Justice Gerald W. Connolly in Albany ruled that Mr. DiNapoli and Attorney General Andrew M. Cuomo have the authority to review, investigate and, if necessary, revoke pension benefits, but only after the recipients have received proper notice.


Read entire article.

Application for Judicial Positions

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Please see this link to a letter from Desiree Kim regarding applications for various judicial positions appointed by the Mayor of the City of New York: www.nysba.org/mayorsadvisorycommittee.

I encourage any member who is eligible to seriously consider applying. A judiciary of the highest quality is essential if we are to maintain the high standards that have been set by the Mayor. This is an excellent opportunity for those interested in a judicial position. Please note that applications must be filed no later than April 23.
Best regards.

Bernice K. Leber
President, New York State Bar Association
Partner, Arent Fox LLP, New York, NY

Revised IT-2663 Form

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Due to recent law changes, the 2009 Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, has been revised. The revisions reflect the correct applicable personal income tax rate at which taxpayers must now calculate and pay their estimated personal income tax liability on the sale or transfer of real property located in New York State. That rate has been increased from 6.85% to 8.97%.
The form number has a box around it with the revision date of (4/09) to identify it as revised. You should destroy all copies of the 2009 Form IT-2663 that were previously supplied to your office. The 2009 instructions for Form IT-2663 required no revisions and may continue to be used.
Effective immediately, taxpayers must use the revised Form IT-2663 to calculate and pay their estimated personal income tax liability on the sale or transfer of real property located in New York State. You should no longer accept the previous version of the 2009 Form IT-2663 when you are presented with a deed to be recorded where there is a payment on the IT-2663-V. Using the previous version of the form would incorrectly calculate the tax.
The revised Form IT-2663 is available on the Tax Department’s Web site at:


In addition, you may order additional copies of the form by calling (518)-244-1911.


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Shutterborg: Edit Documents Online for Free.

Shutterborg is a free word processor that runs entirely in your web browser. Instead of using desktop software, Shutterborg allows you to edit documents online for free. It's easy to get started - just click an option from the list on the right side of the page.

You can insert the url of your web site and edit it online, saving the changes in html, pdf, or as a .doc. FTP capability is coming soon.

Collaboration Tools Wiki

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collaborationtools / FrontPage

The Collaboration Tools Wiki, is part of The Lawyer's Guide to Collaboration Tools website. which includes hundreds of collaboration tools and resources in Appendix 2 and 3. This wiki updates those appendices on a more frequent basis, to serve as a timely resource for lawyers (and, for that matter, anyone else) on the latest collaboration tools.

Collaboration Tools Directory
Collaboration Resources

Check out the book, The Lawyer's Guide to Collaboration Tools: Smart Ways to Work Together by Dennis Kennedy & Tom Mighell.

Free Live Webcasts

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NYSBA Committee on Lawyers in Transition
Spring 2009 – Career Development Series

Free Live Webcasts

Session One:

Wednesday, April 22, 2009
12:00 p.m. - 2:00 p.m.

Interviews: 10 Most Difficult Questions and 10 Best Answers
Presented by Deb Volberg Pagnotta, CEO, Interfacet, Inc.

Positive Minded Networking: Creating a Gameplan
Presented by Elena Kaspi, J.D., M.S.W., A.C.C., LawScope Coaching

Session Two:

Thursday, May 14, 2009
12:00 p.m. – 2:00 p.m.

Comeback Lawyers: Selling Yourself & Using Flexibility as an
Asset in a Down Market
Presented by Debbie Epstein Henry, Founder/President, Flex-Time Lawyers LLC

Session Three:

Wednesday, June 3, 2009
12:00 p.m. – 2:00 p.m.

Crafting Your Resume for Today’s Market: How to Make Them Want to Meet You Selling Yourself in the Interview: Listen First Then Speak
Presented by Chelsea Silverman, Senior Vice President - Director of National Staffing, Strategic Legal Solutions

The NYSBA Committee on Lawyers in Transition is pleased to announce that it will be sponsoring free LIVE webcasts for all attorneys in need of career assistance this spring.

If you are currently unemployed, looking to make a career change, leave your current job or transition back to the workforce after time away from the profession, the Committee on Lawyers in Transition is here to help. The Committee is sponsoring a series of programs designed to help attorneys in transition. The programs will offer advice and resources to increase the odds of finding rewarding work. Topics include interviewing tips, maintaining a positive attitude, networking techniques, resumes and cover letters, and transitioning your career in general.

Session One of the series will take place on Wednesday, April 22, 2009 from noon - 2:00 p.m. Materials will be forwarded to all registrants, along with the web access code and link to view the program. Participants will be able to ask questions of the presenters.

The programs are free to all attorneys, but pre-registration is required. Register online today.
Each program will be webcast live from the office of the committee chair, Lauren J. Wachtler, at the location listed below.

Mitchell Silberberg & Knupp LLP
Tower 49, 12 East 49th Street, 30th Floor
New York, NY 10017

Limited seating is available for each session at the “live” program. If you would like to attend in person, please contact Kathy Suchocki, Staff Liaison to the Committee on Lawyers in Transition at (518) 487-5590 or ksuchocki@nysba.org.

If you are unable to participate in the LIVE webcasts, the recorded archives will be available online and posted at the Committee's website - www.nysba.org/LawyersinTransition.

Visit the Committee’s Blog at http://nysbar.com/blogs/lawyersintransition

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 4/7/09

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Consedine v. Portville Cent. Sch. Dist., No. 30
In an action against a school district for breach of an employment agreement, judgment for Plaintiff is reversed, where Defendant could waive its statutory right to discharge a probationary school administrator at any time during the probationary term by entering into an employment contract, but Defendant did not waive that right by entering into its agreement with Plaintiff.


People v. Contreras, No. 37
Defendant's conviction for assault against his ex-wife is affirmed, where the trial court properly excluded the victim's notes relating to her relationship with another man, because the notes were irrelevant to the charges, and given the sensitivity of the material the court properly conducted an ex parte hearing on their admissibility.


People v. Fuentes, No. 35
Defendant's rape conviction is affirmed, where the prosecution failed to disclose a psychological evaluation of the victim to Defendant before trial, but the document was not material and hence there was no Brady violation.


Gorman v. Huntington, No. 43
In a personal injury action against a town based on a sidewalk slip and fall, summary judgment for Plaintiff is reversed where a municipal ordinance required written notice to the town of defects in a sidewalk and the town did not receive such notice.

NYTIMES:Vermont Legalizes Gay Marriage

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Vermont Legalizes Gay Marriage - NYTimes.com

Vermont has become the fourth state to legalize gay marriage -- and the first to do so with a legislature's vote.

The Legislature voted Tuesday to override Gov. Jim Douglas' veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House. Under Vermont law, two-thirds of each chamber had to vote for override

Richard Susskind on the End of Lawyers

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Legal Blog Watch

Bob Ambrogi spent the tail end of last week at ABA Techshow in Chicago. It was a good conference in many ways. But the highlight for Ambrogi was the keynote address delivered Thursday by Richard Susskind, the legal technology consultant, adviser, author and Big Thinker.

His talk was based on his new book, "The End of Lawyers? Rethinking the Nature of Legal Services," which followed from his 1996 book, "The Future of Law." His key point was that the delivery of legal services will see rapid and fundamental change -- not that lawyers need to make it change, but that change will come and is coming despite us. Ambrogi has summed up a few of Susskind's key points.

Click here for Ambrogi's take on the speech that has lawyers on line buzzing.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 4/06/09

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US v. Navajo Nation, No. 07-1410
In an action by an Indian tribe against the U.S. resulting from the Secretary of the Interior's failure to promptly approve a coal royalty rate, summary judgment for Defendant is affirmed, where Plaintiff's claim for compensation fails because none of the sources of law cited by the Court of Appeals and relied upon by Plaintiff provides any more sound a basis for its lawsuit than those previously discussed by the Court.


Corley v. US, No. 07-10441
Defendant's bank robbery conviction is vacated, where the District Court erred by denying Defendant's motion to suppress his confession under McNabb v. US, 318 U.S. 332 (1943), and Mallory v. US, 354 U.S. 449 (1957), based on the government's delay in bringing him before a judge, where 18 U.S.C. section 3501 modified McNabb-Mallory but did not supplant it.


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Login : meeting24.tv

meeting24.tv is a web conference system for up to 24 users for 24/7. Its free version has ads.. (They also have a pro account option menu. For $100.00 a month, you can have the conference "room" running continuously)

Only a meeting host user needs to create a user account. Other members can join the meeting by web browser without registration or login. (If you use your browser in English, all texts convert in English automatically .)

The idea is to eliminate confusion by having the host create a link and email it to all participants. Nothing to download. Nothing to install. Just click on the link. You do need to have a web cam. [grin]


Hat Tip to TechCrunch


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About Us — Postbox

A new kind of messaging application, the Postbox™ email client automatically analyzes your e-mail messages, documents, photos, and links to web pages; then it catalogs all this information making it faster to search for and retrieve.

Tagging features let you organize messages the way you want and then focus on one project at a time without missing out on important new messages. You can also view messages by conversation, edit messages, and create to-do items that appear in mailbox windows.

Available for Mac and Windows-sorry, no Linux yet. See a complete description of Postbox features here.

The Beta is free. Future pricing has not yet been determined.

Iowa Supreme Court Overturns Gay Marriage Ban

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On Friday, April 3, the Iowa Supreme Court issued a unanimous opinion that a 1998 Iowa state law banning gay marriage violates the equal protection clause of the Iowa constitution. This makes Iowa one of three states that currently allow same-sex marriages. (Connecticut and Massachusetts currently allow gay marriage; California allowed gay marriage until a voter referendum last November.)

The full text of the opinion in Varnum v. Brien is available here.


Hat tip to Derek C. Araujo, General Counsel of the Center for Inquiry.

Ultimate Guide to Airline Fees

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Airline Fees: The Ultimate Guide - SmarterTravel.com

With this Ultimate Guide to Airline Fees, you'll find a one-stop reference chart for every major fee from every major domestic airline.

Best of all, you can download the chart in PDF format at no charge.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 04/02/09

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LMK Psych. Servs., P.C. v. State Farm Mut. Auto Ins. Co., No. 31
In an action for no-fault insurance proceeds, the attorneys' fee award in favor of Plaintiffs is reversed, where: 1) attorneys' fees in an insurance claim are to be calculated based on the aggregate of all bills for each insured; and 2) an insurer who issues a proper and timely denial is entitled to tolling with regard to interest on the claim.


Kerusa Co. v. W10Z/515 Real Estate Ltd. Pshp., No. 36
In a fraud action stemming from construction defects, the dismissal of the complaint is affirmed where a purchaser of a condominium apartment may not bring a claim for common-law fraud against the building's sponsor when the fraud is predicated solely on alleged material omissions from the statutorily mandated offering plan amendments.


Ferluckaj v. Goldman, Sachs & Co., No. 45
In a tort action based on Plaintiff janitor's accident while cleaning a building leased to Defendant, the denial of Defendant's summary judgment motion is reversed, where Defendant did not hire Plaintiff's employer and exercised no control over Plaintiff's work.


Golden Gate Yacht Club v. Societe Nautique de Geneve, No. 25
In an action seeking to exclude a challenger from the America's Cup yacht race, summary judgment for Plaintiff is affirmed where the phrase "having for its annual regatta" in the trust instrument required a yacht club to hold an annual regatta on the sea prior to issuing its challenge to participate in the race.

NY--New Rules of Professional Conduct

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Effective April 1, 2009

The new Rules of Professional Conduct for attorneys go into effect today. These rules replace New York's Code of Professional Responsibility with the model rule format that is currently used throughout the nation. The new rules are designed to assist attorneys in understanding their ethical responsibilities to clients, courts and the legal profession.

For more information on these rule changes, and how they will impact practicing attorneys, please visit www.nysba.org/professionalstandards. Visitors can view a complete listing of the new rules and a chart that displays how the new rules compare with the previous Code of Professional Responsibility.

The State Bar Association also will host several CLE programs statewide to help attorneys become more familiar with the new Rules of Professional Conduct. Additional information on these programs can be found at www.nysba.org/newrulesCLEofferings.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 4/01/09

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Entergy Corp. v. Riverkeeper, Inc., No. 07-588
In a petition for review of EPA national performance standards for cooling water intake structures, the grant of the petition is reversed, where the EPA permissibly relied on cost-benefit analysis in setting the national performance standards and in providing for cost-benefit variances from those standards.


Harbison v. Bell, No. 07-8521
In a capital habeas proceeding, the denial of federal appointed counsel's motion to expand the scope of her representation to include state clemency proceedings is reversed, where: 1) a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel, because 28 U.S.C. section 2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding's merits; and 2) because state clemency proceedings are "available" to state petitioners who obtain representation under 28 U.S.C. section 3599(a)(2), the statute's plain language indicates that appointed counsel's authorized representation includes such proceedings.


14 Penn Plaza LLC v. Pyett, No. 07-581
In an Age Discrimination in Employment Act (ADEA) action, the denial of Defendant-Employer's petition to compel arbitration is reversed, where a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.

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