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January 2011 Archives

January 1, 2011

HeyTell

HeyTell is a cross-platform voice messenger that allows you to instantly talk with and locate friends and family. No account needed -- just start the app, choose a contact, and push the button to start talking!

HeyTell for iPhone, iPod touch (2nd generation), iPod touch (3rd generation), iPod touch (4th generation), and iPad available at iTunes App Store
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January 6, 2011

iPhone 3GS cut to $49 from AT&T | BGR | Boy Genius Report

Image representing iPhone as depicted in Crunc...

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AT&T today announced a new price for the popular iPhone 3GS - $49.00 - available beginning tomorrow, Friday, January 7, for both new and upgrade-eligible existing AT&T customers. The offer will be available online at www.att.com/iphone, across more than 2,200 AT&T retail locations nationwide and through AT&T business channels, as well as Apple channels.





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January 7, 2011

Did parts from a new iPhone model (briefly) appear on YouTube? - Yahoo! News

Several iPhone repair and parts companies claim to have somehow gotten ahold of parts that belong to a new model of iPhone. The website GlobalDirectParts.com posted a video to YouTube yesterday that appeared to show a bare metal iPhone chassis. Earlier today, the video was yanked indicating a complaint from Apple.



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GizMag: Mac App Store throws open its virtual doors

App Store

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GizMag: First announced by Apple in October 2010, the Mac App Store is now open for business. Available as an update through a Mac's built-in software update or as a download from Apple's website, it brings the same App Store functionality already familiar to owners of iOS devices to Mac laptops and desktop computers. However, instead of going through iTunes, the update to OS X 10.6.6 places a standalone App Store app in the dock alongside the Finder.

NYSBA: Introducing the Electronic State Bar News

Office of the President

I recently became one of the millions of people who own an iPad, and I find it is changing the way I keep up with the latest news. With the rise in popularity of smart phones, like the Blackberry and Droid, along with the iPad, it is clear that the way we consume information has changed drastically within the last decade. The ability to receive news electronically keeps us up-to-date on the latest developments within our profession and allows us to manage our time more efficiently and effectively.

In recognition of this fact, we are pleased to announce that beginning with the January/February 2011 edition, the State Bar News will be sent to all members electronically in a mobile-friendly format. You will still receive a hard copy by regular mail, and you will have the option to also receive the State Bar News in an electronic format. If you do not wish to receive the electronic State Bar News, simply opt out of receiving future SBN e-mails by clicking on a link at the bottom of your first SBN electronic issue. The choice is yours.

You should receive the State Bar News e-mail in the coming days. Thank you for your continued readership and support of the New York State Bar Association.

Best regards,

Stephen P. Younger
President, New York State Bar Association
Patterson Belknap Webb & Tyler LLP


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Collection Bankruptcy Overview Webinar

Seal of the Internal Revenue Service

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The free Jan. 25 bankruptcy webinar will address the IRS insolvency function, how to notify IRS of a bankruptcy filing and ordering tax return transcripts through IRS e-Services. The discussion will also cover how the IRS can collect taxes from exempt, excluded and abandoned property and non-dischargeable tax debts in chapter 7 and chapter 13 bankruptcy cases. Register   now. 

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Verizon Finally Lands the iPhone - WSJ.com

Verizon Wireless logo

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The iPhone is finally coming to Verizon Wireless. The largest U.S. wireless carrier will make the long-awaited announcement at an event Tuesday in New York City, a person familiar with the matter said Friday.

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January 9, 2011

Criminal Complaint- U.S. v. Loughner


PDF of Criminal Complaint alleging premeditation.

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January 10, 2011

NYLJ: Problems Faced by Pro Se Defendant Are Typical for Debtors Too Poor to Hire Experienced Counsel

NYLJ (requires free registration)

In a case highlighting problems created by the widespread inability of debtors to hire attorneys, a Nassau County judge has rejected an out-of-court settlement between a debt buyer and a pro se litigant who said she had been "intimidated" into taking the deal. "It was painfully obvious to the Court that plaintiff obtained the settlement outside of court by taking undue advantage of defendant," District Court Judge Michael A. Ciaffa wrote in LR Credit 21 LLC v. Paryshkura, 30821-2010. "Judges have the power and duty to make appropriate inquiries, and in appropriate cases, allow the defendant to withdraw from a proposed settlement."



January 11, 2011

Legal Ethics Through A Religious Lens: The Practitioner's Viewpoint

Scale of justice, Enhanced version of an image...

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Seminars and Events
January 31, 2011
Legal Ethics Through A Religious Lens: The Practitioner's Viewpoint
180 Maiden Lane, 38th Floor New York, NY 10038

5:30-6:00 pm Registration
6:00-7:30 pm Program

Please join us for an interactive roundtable discussion on: "Legal Ethics Through A Religious Lens: The Practitioner's Viewpoint."

Free CLE Ethics Credit Program Panelists will include:

Shoshana T. Bookson, Esq. The Law Offices of Shoshana T. Bookson The Jewish Lawyers Guild

Gerald J. Russello, Esq. Fellow, Chesterton Institute at Seton Hall University The Guild of Catholic Lawyers

Benish A. Shah, Esq. Sardar Law Firm Muslim Bar Association of New York

Moderator:
Joel Cohen, Esq.

There is no charge for this event. This is a "Free CLE" event and "Ethics Credit" will be available. Light Refreshments will be served.

RSVP
To RSVP, visit www.stroock.com/legalethics_religiouslens. If you have questions, please contact Yolanda Cintron at 212.806.5741 or ycintron@stroock.com.

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January 12, 2011

NYLJ: Judge Blasts 'Temerity' of Bid to Foreclose on Unexecuted Debt

NYLJ: Supreme Court, Nassau County, I.A.S. Part XXI
Creditors and Debtors Rights 

Beneficial Homeowner Service v. Steele, 2010-01996

This Court must question how, under the circumstances presented here, Plaintiff can, with unbridled temerity, demand enforcement of the Loan Agreement against Defendant STEPHEN STEELE, who has not executed that instrument and against Defendant SUSAN STEELE, who is not even a party to that agreement.

Full text of decision (requires free registration)
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January 13, 2011

Legal Talk Network--New Lawyer: New Solo

New Solo

So you're hanging a shingle - now what? In this debut edition of New Solo, host Attorney Kyle R. Guelcher, a solo practitioner out of Springfield, MA and chair of the Massachusetts Bar Association Young Lawyers Division, welcomes Attorney Gabriel Cheong, the principal attorney of Infinity Law Group LLC, to talk about some of the things to do after you have started your law firm -  networking, rainmaking and generating revenue and how to keep track of all those small business issues.  Check out the show HERE!

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January 14, 2011

Google Scholar Now Searches Cases by Jurisdiction and Court · Robert Ambrogi's LawSites

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Google Scholar added the ability to search court opinions and law journals by jurisdiction. Simply go to the advanced search page and, under "Collections" at the bottom of the page, pick your jurisdiction. The default choices are to search all courts within a federal circuit or within a state. But click the link that says, "Select specific courts to search," and you open a menu that lets you pick individual courts. In fact, you can even "mix and match" specific courts from across multiple  jurisdictions.

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January 18, 2011

NYLJ: Dunning Letter Did Not Violate Federal Act, Judge Finds

U.S. District Court, Northern District
Creditors and Debtors Rights 

Dunning Letter Did Not Violate Federal Act, Judge Finds:


...Plaintiff fails to identify any case law to support the theory that it is a violation of the FDCPA for an attorney to mail a dunning letter to a debtor in a state that the attorney is not licensed to practice law in. The plain language of §1692e(3) prohibits the false representation that an individual is an attorney. Plaintiff does not dispute that defendant's law firm is comprised of actual attorneys licensed to practice law in states other than New York. Therefore, defendant did not falsely represent its status as an attorney...

At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.

...When viewed as a whole, even the least sophisticated consumer would not reasonably interpret this language as a threat of imminent litigation. There is no mention of "litigation", "lawsuit", "court", or other like terms associated with legal action. This letter cannot be said to imply that legal action has already been or is about to be initiated...

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January 19, 2011

NYLJ: If 'Less Drastic' Means Available, Spouse Cannot Seek Contempt to Cure Unpaid Support

Family Court, Albany County
Family Law 
 
Family Court cannot be granted any jurisdictional authority that is not available to Supreme Court because Supreme Court has plenary jurisdictional over all causes of action (Constitution, Article 6 §7; Kagen v. Kagen, 21 NY2d 532). Where two statutory schemes cover the same topic, the less restrictive scheme must govern. The statutes under review are remedial in nature and the law requires that "remedial statutes [must be] liberally construed to carry out the reforms intended and to promote justice" (Statutes §321). The law also requires that "the court should adopt a statutory construction which will produce equal results and avoid unjust discrimination" (Statutes §147). Based on these considerations, in Family Court, before a spouse may be held in contempt for the failure to pay maintenance, there must be a showing that the CPLR judgment collection provisions would be ineffectual.

Full Text of Decision. (Requires Free Registration)

January 20, 2011

Columbia Law School: Municipal Climate Change Laws Resource Center

Many state and local governments are trying to formulate their own regulatory programs and many government lawyers are resigned to starting from scratch.  The CCCL has prepared model laws and best practices to address this problem.  Examples of the Center's work in this area include preparing model ordinances for mandating energy efficiency and use of renewable energy resources, and for considering future flood and weather risks in land use planning and construction; guidelines for disclosure of climate risks in transactional documents; and guidelines for disclosure of climate risks in securities filings.

The model municipal green building ordinance presented by CCCL is the product of an empirical analysis of common practices in existing municipal green building regulation and research on possible legal impediments. Its provisions are designed to achieve effective yet feasible improvements in building practices and are drawn, in large measure, from existing ordinances. 

Commentary and legal analysis of the model ordinance are available on the CCCL site.


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January 21, 2011

gizmag: Bluetooth Keypad adds numeric keypad to Apple Wireless Keyboard

cropmarklmpbluetoothkeypad-0.jpg


The Cropmark LMP Bluetooth Keypad is available now for US$39.99.


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Google Voice

Image representing Google Voice as depicted in...

Image via CrunchBase


http://www.google.com/googlevoice/about.html

Google Voice is just one of the many projects that the folks at Google have been working on, and if you need to communicate across a variety of formats and phones, this service is quite good. Visitors can use the Google Voice device to make phone calls from their Gmail account, create personalized greetings, share voicemails, block callers, and also call internationally. A series of videos on their site explains each feature, and this version is compatible with all operating systems.


From The Scout Report, Copyright Internet Scout Project 1994-2011. http://scout.wisc.edu/



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January 24, 2011

State Environmental Quality Review Act - Draft Model Short and Full Environmental Assessment Forms - NYS Dept. of Environmental Conservation

New York State Department of Environmental Con...

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State Environmental Quality Review Act - Draft Model Short and Full Environmental Assessment Forms

Notice of Availability of Draft Model Environmental Assessment Forms for Public Review and Comment

Comments on the full and short EAF and supporting documents will be accepted by the department until close of business, February 18, 2011. Please submit comments to Mr. Robert Ewing, NYSDEC, Department of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. Comments may also be submitted via the web to: Division of Permits email

Environmental Assessment Forms

  
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January 25, 2011

Lifehacker: Everything You Need to Know About the Verizon iPhone and Making the Switch

Everything You Need to Know About the Verizon iPhone and Making the Switch 

It seems like the phone-owning world was holding their breath for this moment. Now that Verizon's own iPhone is almost here, you might be thinking of switching--and have many questions. Lifehacker's got answers--on price, networks, transfers, you name it.

  • What: Verizon offers the iPhone on its (3G) network.
  • When: Pre-orders for existing Verizon customers start Feb. 3. General sales start Feb. 10.
  • Where: Pre-orders will be offered on Verizon's web site, or taken in-store. Verizon and Apple retail stores will offer the phone on Feb. 10.
  • Who: New customers and Verizon customers eligible for upgrades can get the phone at a relatively friendly price. Impatient contract-terminators will pay a bit more, and very impatient Verizon subscribers will hand over a whole lot of cash for one phone.
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January 28, 2011

TweetDeck

Twitter logo initial

Image via Wikipedia


For those people who like to tweet, the TweetDeck application is quite a find. With this application, users can truly "tweet like a pro", as they will be able to customize their Twitter experience by creating groups, saved searches, and automatic updates. It is billed as "air traffic for Twitter", and that's a fairly apt description of this powerful tool. This version is compatible with all operating systems. 


From The Scout Report, Copyright Internet Scout Project 1994-2011. http://scout.wisc.edu/


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January 30, 2011

Illinois Supreme Court Decides Rahm Emanuel Can Run in Chicago Mayoral Election

Illinois Supreme Court Decides Rahm Emanuel Can Run in Chicago Mayoral Election

The Office Worker's Guide to a USB Thumb Drive

The Office Worker's Guide to a USB Thumb Drive
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January 31, 2011

NYLJ: Admission to Police by Autistic Child Made Within 'Arm's Reach of His Mother' Ruled Admissible

Family Court, New York County
Family Law 

Admission to Police by Autistic Child Made Within 'Arm's Reach of His Mother' Ruled Admissible, rejecting, inter alia, defense expert's  testimony of his opinion that defendant would have been unable to assert himself to the police

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Features of the iFusion SmartStation for iPhone

http://thefusionphone.com/features.html

The first integrated communications docking station for iPhone. Combining the capabilities of many top-selling iPhone accessories into a single device, the revolutionary iFusion utilizes built-in Bluetooth technology, a full duplex speaker phone and a patented ergonomic design to deliver superior voice quality that meets the demanding requirements of today's home and business consumer. The unique cradle design of the iFusion supports the iPhone 3G, 3GS and 4, providing a means to securely dock the phone while supplying power, battery charging and data synchronization via an integrated USB cable. With support for A2DP Bluetooth streaming, users are able to enjoy their favorite iPhone music over the internal speakerphone. Pre-orders are available now for shipping in April 2011.

Projected price is $149.00.
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About January 2011

This page contains all entries posted to General Practice Section in January 2011. They are listed from oldest to newest.

December 2010 is the previous archive.

February 2011 is the next archive.

Many more can be found on the main index page or by looking through the archives.