October 2009 Archives

Firefox 3.6 Beta 1

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Firefox 3.6 Beta 1 Officially Available for Download - Firefox 3.6 - Lifehacker

Windows/Mac/Linux: Mozilla just released the first official beta of Firefox 3.6, featuring built-in support for themes (Personas), improved performance, and more. Early adopters, your download is ready.

Hat tip to Lifehacker.

Law.com - Judge Rules FTC Cannot Make Lawyers Comply With Identity Theft Laws

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The Federal Trade Commission cannot force practicing lawyers to comply with new regulations aimed at curbing identity theft, a federal judge ruled Thursday at the U.S. District Court for the District of Columbia.

Read article-National law Journal.

FCBA Seminar

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On Tuesday, November 10, 2009, the Northern District of New York Federal Court Bar Association is presenting a free 2-hour seminar in Albany New York. "Privacy and Public Access to Documents in Federal Court" will be held between 2 and 4 p.m. at the Crown Plaza Hotel, at State and Lodge Streets, in Albany. A panel of experts from law and media will discuss when litigants can expect documents and proceedings to be sealed and when they will be open to public scrutiny, as well as the procedures involved. The course has been approved for 2.0 hours CLE by New York State. Light refreshments will be served. To register, open the brochure at:


Lawrence K. Baerman
Clerk of Court


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About | Recap Firefox Extension

RECAP is an extension (or “add on”) for the Firefox web browser that improves the PACER experience while helping PACER users build a free and open repository of public court records. RECAP users automatically donate the documents they purchase from PACER into a public repository hosted by the Internet Archive. And RECAP saves users money by alerting them when a document they are searching for is already available from this repository. RECAP also makes other enhancements to the PACER experience, including more user-friendly file names.

Install RECAP.

Judges Broaden View on Standing to Challenge Under SEQRA

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The New York Law Journal - Free Breaking News: Judges Broaden View on Standing to Challenge Under SEQRA

In a case closely watched by environmental groups and government regulators, the Court held that those who live in or adjacent to environmentally sensitive areas are not the only people who can challenge a project's effects under the State Environmental Quality Review Act (SEQRA).

But the judges cautioned in their ruling in Matter of Save the Pine Bush Inc. v. Common Council of the City of Albany, 134, that standing in environmental cases for interested parties is not automatic and that more than "perfunctory allegations of harm" are required.

30+ Apps for Doing Business on Facebook

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30 Apps for Doing Business on Facebook

Josh Peters is a freelance social media consultant from Salt Lake City, Utah. He authors a blog at Shuaism.com.

Think LinkedIn is the only place for business? Facebook is growing rapidly and it’s becoming a destination for businesses and business professionals alike to establish a presence. Here are over 30 Facebook applications to help promote, network, communicate, collaborate and accomplish more with your business.

Albany County Bar Reaches Out Program

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Thanks to Albany Law School, members of the Albany County Bar Association Young Lawyers Committee provide Job hunting advice and networking opportunities in this podcast. The Albany County Bar Association is one of the largest and most active bar associations in upstate New York.

Click HERE for the audio recording.

A Death in the Office

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A Death in the Office | ABA Journal - Law News Now

Mark Levy had talent, a top-flight resumé and friends in high places. But when he lost his job, none of that was enough.

*** Hat Tip to Bob Ambrogi, who always seems to know what we lawyers should be reading and thinking about.

Barnes & Noble's eBook Reader: nook

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Nook, eBook Reader, eBook Device - Barnes&Noble

nook lets you:

Download eBooks, magazines and newspapers.
Enjoy eBooks on a readable E Ink® reading screen.
Navigate your eBooks and other content on a color touchscreen.
Sync your eBooks to your iPhone, iPod Touch, BlackBerry, Mac or PC.
Share eBooks with friends using one of their eReader clients.
Read any eBook for free in a Barnes & Noble store.
Get special content and promotions in any Barnes & Noble store.

Full product details, videos and more are now available here.

nook arrives Nov. 30, but you can preorder it online now, or beginning today in any Barnes & Noble store for $259.00. And come Nov. 30, you'll be able to test-drive nook in any Barnes & Noble store as well.

The Internal Revenue Service has launched a new case study and video program to help exempt organizations and their tax preparers better understand the newly revised Form 990 series which must be filed for the 2008 tax year. The Form 990 series, redesigned for the first time in nearly 30 years, requires more disclosure and transparency by exempt organizations. With some exceptions, organizations that are exempt for federal taxation are required to file the Form 990 information return. The additional information will give the IRS and the public a better view of how the exempt organizations work, especially in terms of expenditures and executive salaries.

CLE Program: Representing the Pro Bono Debtor Under BAPCPA*

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Underwritten by: The Community Foundation of Herkimer and Oneida Counties, Inc.
and the Upstate Institute of Colgate University

Friday, October 30, 2009
Registration at 11:45 a.m.
Buffet lunch at 12:00 p.m.
Presentation from 1:00-5:00 p.m.

Cost: Lunch and CLE credits are free of charge to attorneys admitted to practice in New York State and who pledge to take a minimum
of two pro bono bankruptcy cases annually.

Where: Radisson Hotel-Utica Centre, 200 Genesee Street, Utica, NY 13502

CLE Credit: 3 Hours Skills and 1 Hour of Ethics

*Appropriate for both newly admitted and experienced attorneys

by emailing Dawn_Simmons-Norris@nynb.uscourts.gov
For questions, call Dawn Simmons Norris at (315) 295-1683.

Trista F. O'Hara, Esq.
Pro Se Coordinator
NDNY Federal Court Bar Association, Inc.
221 S. Warren Street, Suite 130
Syracuse, New York 13202
Office #: (315) 422-2711
Toll Free #: 1-877-422-1011
Fax #: (315) 422-2778

Operation Bad Deeds

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The United States Department of Justice - United States Attorney's Office


Six lawyers were among 41 defendants charged in New York yesterday for allegedly using fraud to obtain over $64 million in mortgages on more than 100 properties. U.S. Attorney Preet Bharara announced the multi-agency effort, dubbed "Operation Bad Deeds," at a news conference yesterday, saying the 41 were charged in eight separate cases representing a "smorgasbord of scams"

Read entire article.

The Jobless Lawyer

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The Jobless Lawyer

A BIG LAW associate whose position was eliminated tells how it all happened and describes his current job search:

I am a licensed attorney in the State of NY. I have two ivy league degrees, and up until March ‘09 was practicing commercial litigation at one of the top 10 firms in the US. Since March I have been unemployed and this blog is an effort to chronicle my adventures in seeking a new job. My hope is that this blog will enlighten others who either 1- are thinking of going into the legal field, 2- were similarly affected by the economic downturn, or 3- can find some humor in the misfortunes of life.

At the time I am writing this introduction I have been unemployed for a total of 24 weeks. During these 24 weeks I have had many experiences worthy of blogging but at the time they occurred this was not possible since I was not maintaining a blog. So in an effort to provide a wealth of interesting content and to chronicle my prior unemployment sojourns, my blog entries will begin by discussing events in the recent past when my unemployment woes began. I will continue to call upon these examples until my prior experiences catch up to my current reality.

The anonymous jobless one writes so well you can't help but enjoy his story and root for him to succeed.

How to break up in an online world—and avoid e-stalkers

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How to break up in an online world—and avoid e-stalkers - Ars Technica

Breaking up is indeed hard to do. It can be even harder when you realize that you follow your ex (and more importantly, your ex follows you) on all the social networks—especially if one or both of you really shouldn't be. Follow these basic steps to make life easier and protect yourself from being bugged, harassed, or stalked.

By Jacqui Cheng | Last updated October 13, 2009 6:25 AM CT

T.Y. v. N.Y. City Dep't of Educ., No. 08-3527

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In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child's IEP was not procedurally deficient; and 2) there was substantial evidence in the record that the IEP provided significant benefits to plaintiff in addressing his problematic behaviors. Read full text of decision.

Bloomberg Law

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socialmedian: Will Big Two Soon Become Big Three? Bloomberg Law

Here is a legal research announcement of note: Bloomberg has announced a new search service called Bloomberg Law.

Billed as an all-in-one legal research and news content platform, Bloomberg promises a service that is fully customizeable and, “gasp” user-friendly. Even more interesting is the claim that Bloomberg Law is the “first and only real-time research system for the 21st century legal practice.” The single search engine taps legal, news and company information from one location. It also offers an aggregation of content under the heading “Points of Law” – combining lead cases with subsequent related cases and statutes, regulations and rules by topic. “Law Reports” appear to be another content aggregator, focused on current events connected to source documents, legal expert opinions, and related financial and curent news, legal and regulatory opinions. “Law Digest” offer legal taxonomies by topic, with relevant legal content and analysis, with links to primary sources and the ability to set alerts for updates. “Dockets” are what they sound like – unlimited

Read the full article at Advocate's Studio

There is also a pdf available from Above the Law.

Those interested in a preview can sign up here

No pricing mentioned yet..

Call Ruby

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Virtual Receptionist - Telephone Answering and Transferring by Live Remote Receptionists

Nationwide, from their studio in Portland, Oregon,they'll handle your calls - answering calls with custom greeting, screening, announcing and transferring calls wherever you may work, and taking messages, offering voicemail, and providing helpful information when you're away. At Ruby, there are no canned speeches or conversations.

Pricing starts at $199.00 per month. A 30-day free trial is available.


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Emily Chang - eHub

Create a custom radio station programmed by your friends using Twitter. (Link: Swift.fm)


Hat Tip to Emily Chang- eHub

Patricia Salkin
Albany Law School

Pace Law Review, Vol. 29, No. 563, 2009

There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many modifications to New York State’s planning and zoning enabling acts over the last two decades. Particularly, the article identifies the delegation of extensive discretionary authority to local governments as New York’s signature approach to land use control.

Part II discusses “affordable housing” as a key attractant for judicial action and local government response. With the exception of the Long Island Workforce Housing Act in 2008, the State has been slow to act on judicial calls to action, forcing local governments to develop unique solutions in order to provide affordable housing.

Finally, Part III notes the challenges being faced by lawyers and planners in light of growing preference for alternative energy systems, with specific focus on reactions to Wind Energy and Solar Energy installations.

Download the entire article here.

Judicial Title Forms Updated -October 1, 2009

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Judicial Title has updated its real estate forms available on line for free. New Forms include:

Affidavit in Lieu of Registration (10/09)
LLC Certificate of Authority
LLC Resolution to Purchase/Sell/Mortgage
Mortgage Recording Tax Return (MT-15)

NY Power of Attorney - NEW - 9/1/09

Check the site for Word versions of selected forms; e.g., NY POA.

ACLEA/ALI-ABA CLE Summit Webcast Opportunity

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ACLEA and ALI-ABA are hosting an invitational summit, Equipping Our Lawyers: Law School Education, Continuing Legal Education, and Legal Practice in the 21st Century, on October 15-17, 2009, in Scottsdale, Arizona.

The Summit will open on October 15th with two expert panels, The Future of the Legal Profession and The Impact of Technology on Lawyer Development, both to be webcast live from Scottsdale. The webcast does not require advance registration and will be accessible on the morning of October 15th free of charge at www.equippingourlawyers.org. A complete description of the webcast is now available at www.equippingourlawyers.org; just click on "Summit Webcast" on the navbar.

The Summit will examine all aspects of lawyer education and development to make concrete recommendations for equipping lawyers for practice and ensuring their continued competence as legal professionals in a rapidly changing world. For more general information about the Summit, including its agenda and materials, or to participate in its online discussion forums, go to www.equippingourlawyers.org and click "Access the Discussion Forum." More information will be posted as the date of the Summit draws closer.

NYSBA is a "Silver Level" sponsor of this event.

Update: It will take place on October 15, and consist of two presentations:

11:45 - 1:15 The Future of the Legal Profession
1:30 - 3:00 The Impact of Technology on Laywer Development

For more info click here


Hat Tip to NYSBA's Terry Brooks for this timely info.

Feed Demon 3.0

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So you want to stay up to date with news from the Boston Globe and the New Orleans Times-Picayune and 75 other news outlets as well? Feed Demon 3.0 can make it happen. This recently released edition of the popular RSS news aggregator syncs effectively with Google Reader, and it makes it easy to update your subscriptions and share items with others. Visitors should also note the application's compatibility with Twitter feed reading and tagging features. This version is compatible with computers running Windows 95 and newer

From The Scout Report, Copyright Internet Scout Project 1994-2009. http://scout.wisc.edu/ To subscribe to the Scout Report in text or HTML format, go to:

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