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November 2011 Archives

November 1, 2011

LexisNexis ® Presents a Complimentary CLE-Accredited* Webinar: New Developments in New York Mortgage Foreclosure Laws

Thursday, November 3, 2011
2:00 PM - 3:30 PM (Americas) Eastern Time (US & Canada)
Dangers and unintended consequences of new and proposed legislation in New York responding to the foreclosure crisisare explored by Bruce J. Bergman, author of Bergman on NY Mortgage Foreclosures, in a new CLE offered by LexisNexis. Mr. Bergman will answer questions and speak in-depth about new issues and what the future may hold for mortgage foreclosure law and practice in New York during a complimentary webinar on Nov. 3, 2011 from 2:00-3:30 PM, ET.

Bruce J. Bergman is a partner at the Garden City, New York law firm Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. and concentrates his practice on real estate litigation and mortgage foreclosure. He has authored more than 350 articles on the subjects of mortgage foreclosure, real estate and construction law. He is the author of the 3-volume work entitled Bergman on New York Mortgage Foreclosures, published by LexisNexis, which is updated by its author twice a year. This year is the 20th year that the treatise has been cited by New York courts and it was recently cited outside of New York, by the California Court of Appeal. 

Mr. Bergman will discuss the following topics:
  • The unintended consequences of new foreclosure legislation
  • The danger to lenders and foreclosing parties of contemplated and passed foreclosure legislation
  • Standing: Is it even possible in light of proposed legislation?
  • Impacts of residential foreclosure laws on commercial mortgages
  • The problem of legislation awarding legal fees to borrowers
  • The morass of passed omnibus foreclosure litigation effective 2010
  • The peril of proposed New York City legislation on foreclosure and lender maintenance requirements
Mr. Bergman will also answer your questions on this important topic.

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November 3, 2011

Live Webcast: NYSBA House of Delegates

Meeting of the House of Delegates
Webcast Live from The Bar Center in Albany

Saturday, November 5, 2011 

Watch the NYSBA House of Delegates in action on Saturday, November 5 beginning at 9:30 a.m. by clickingwww.nysba.org/HODwebcast and choosing the November meeting from the left-hand menu.

As an exciting accompaniment to the live webcast, NYSBA Secretary David P. Miranda will be tweeting live from the House meeting. If you wish to follow NYSBA's live tweets go www.twitter.com/nysba and follow NYSBA. You will need to register for a Twitter account if you do not already have one. To be part of the conversation use the hashtag #NovemberHOD (hashtags serve to keep all tweets about a specific topic together as one thread). Remember to mention @NYSBA as you retweet and discuss this event!

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November 6, 2011

WordPress App 2.9.1

Manage your WordPress blog or site from your iOS device. With WordPress for iOS, you can moderate comments, create or edit posts and pages, and add images or videos.  All you need is a WordPress.com blog or a self-hosted WordPress.org site running 2.9.2 or higher.

Compatible with iPhone, iPod touch, and iPad. Requires iOS 4.0 or later. 

For more information on this free, open source app, click here.

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PDF Expert - Fill forms, annotate PDFs for iPad on the iTunes App Store

This is the only iPhone and/or iPad pdf app I can find which will read and use fillable forms created by Adobe Acrobat and opened on your iOS device.  Other apps show the completed fillable form as empty-not PDF Expert.

PDF Expert lets you read and annotate PDF documents, highlight text, make notes, draw with your finger and save these changes being compatible with Preview and Adobe Acrobat. Moreover, PDF Expert is the only iPad application that can fill PDF forms! 

PDF Expert does read almost all document types like: iWork, MS Office, Power Point, text files, images, even music and video files, etc.

PDF Expert can get documents from any place you may need. PDF files from desktop computers, email attachments, documents on the Dropbox, MobileMe iDisk, GoogleDocs and even in other iPad applications could be accessed with PDF Expert.

Annotations made with PDF Expert are saved within the document in accordance with PDF format specification. Thus PDF Expert can edit highlights, text notes and other annotations created in Apple Preview or Adobe Acrobat Reader and vise versa. At the same time this lets you share annotated files with friends and co-workers.

PDF forms made with Adobe Acrobat are supported in PDF Expert. Text fields, check boxes, radio buttons and other form elements work as you expect and all information you entered is saved inside the form. Please note that Dynamic XML PDF Forms made with Adobe LifeCycle should be converted to Static PDF Forms format before using with PDF Expert.

There are separate versions for iPhone and iPad.  Each costs just $9.95.

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14 Post-Recession Real Estate Terms, Translated--Trulia

By now, you've probably heard the age-old rules of thumb about translating home listings from real estate lingo to plain English: 'cozy' = tiny, 'needs TLC' = needs massive repairs, and 'all original details' could mean beautiful moldings or 
moldy linoleum, depending on the home.


To that end, here are 14 line items of real estate jargon, divided into 2 buckets and decoded for the post-recession house hunter.


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November 7, 2011

GraphicConverter version 7.4.1

The new version does support the special Lion features, 3D images and a lot more.
This is a free update for all users of version 7.x.

You can download the new version at the following link:
Also, you can use the internal update procedure from the GraphicConverter menu item.

You can check the complete version history at:

Still the best bargain in a graphics program.

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November 10, 2011

Adobe Recasts Flash as an App Builder and Embraces HTML5, the Flash Mobile Killer--forbes.com

Logo of Adobe Systems Incorporated

Image via Wikipedia

But you can't play Flash content on an iPhone! Well, we can cross that argument off the mobile decision grid. According to a scoop last night on ZDNet, Adobe has announced that they are stopping development on Flash Player for mobile browsers. "Our future work with Flash on mobile devices will be focused on enabling Flash developers to package native apps with Adobe AIR for all the major app stores. We will no longer adapt Flash Player for mobile devices to new browser, OS version or device configurations."

Adobe is, in fact, finally heeding Steve Jobs' advice. In a public letter about Flash last year, Jobs said, "Even if iPhones, iPods and iPads ran Flash, it would not solve the problem that most Flash websites need to be rewritten to support touch-based devices. ... New open standards created in the mobile era, such as HTML5, will win on mobile devices (and PCs too). Perhaps Adobe should focus more on creating great HTML5 tools for the future, and less on criticizing Apple for leaving the past behind."


Read the entire Forbes article here.

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November 11, 2011

Volume 17, Issue 3 - JOLT - University of Richmond

E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers - but inferior alternatives - to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 Legal Track Interactive Task, and shows that, at TREC 2009, technology-assisted review processes enabled two participating teams to achieve results superior to those that could have been achieved through a manual review of the entire document collection by the official TREC assessors.

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November 12, 2011

Unlocked iPhone 4S now on sale in the U.S. online Apple Store -- GIGAOM

Photograph of two 32GB Black iPhone 4s. The ph...

Image via Wikipedia

Apple is selling the iPhone 4S unlocked through its U.S. online store as of Friday. The contract-free devices were promised by Apple for November availability back when the iPhone 4S originally launched. They are available for order now, with expected ship times of 1-2 weeks.

The unlocked iPhone 4S only works with GSM carriers, so it won't be compatible with the CDMA-based networks of Verizon or Sprint in the U.S. All sizes and colors are available, with the 16 GB version priced at $649, the 32 GB for $749 and the 64 GB for $849.

Get more details from GigaOM here.

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Social Fixer for Facebook fixes annoyances, adds features, and enhances existing functionality to make Facebook more fun and efficient

Facebook logo

Image via Wikipedia

"Social Fixer for Facebook" (formerly known as Better Facebook) is a free browser extension that improves the Facebook site by eliminating annoyances and adding lots of great enhancements and functionality. It runs in most browsers and installs in just a minute.

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November 15, 2011

TidBITS iPhone iPad iPod: Square Provides Easy Alternative to Cash and Checks


Square becomes compelling for anyone who needs to accept payments quickly and easily. Like cash, Square payments happen instantly (well, overnight) without having to take checks to the bank. And as with checks, buyers can always pay with "exact change" because sellers can type in any amount they want.

Square has several other attractive features, too: because the Square card reader connects to a mobile phone or other device that you're likely to have with you, it's portable and convenient. Losing or damaging your reader isn't a catastrophe either, because it's free and doesn't contain any identifiable data. And both the iOS and the Android versions of the Square app are also free.

 Dennis Wurster's Send Email to Author entire article:


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NYLJ: Baum Firm Challenges Affirmation Requirement

New York's largest foreclosure law firm is fighting to overturn a state court requirement that it and other firms submit an affirmation vouching for the accuracy of documents they file for lenders.

Supreme Court Justice Timothy J. Walker in Erie County (See Profile) held a hearing on Nov. 7 on a motion of Steven J. Baum P.C. in a foreclosure case arguing that the year-old rule announced by Chief Judge Jonathan Lippman and implemented by Chief Administrative Judge Ann Pfau (NYLJ, Oct. 21, 2010) violates the state Constitution.


The Baum firm's motion is not the first to challenge the requirement. In LaSalle Bank v. Pace, 15822-2008, Supreme Court Justice Thomas F. Whelan (See Profile) in Suffolk County ruled the affirmation requirement was invalid (NYLJ, March 9). That decision is being appealed to the Appellate Division, Second Department.

The Baum firm acknowledged that its motion in Foster "closely follows the reasoning of Justice Whelan's decision" in LaSalle.


Read entire Andrew Keshner NYLJ article and analysis here (may require registration).

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November 19, 2011

CiteThisForMe - The Harvard Referencing Generator



Creating a bibliography or set of references used to be quite time consuming, however a number of free programs and applications have helped make this process much simpler. One such application is CiteThisForMe, which allows users to create their own references via this handy form. CiteThisForMe uses the Harvard referencing style, and visitors just need to enter a number of details to create each reference. Visitors have the option to cite a book, newspaper, journal, website, or other type of source. 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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November 20, 2011

NeatDesk Document Scanner Review-Comparison | Lawyerist

Read Sam Glover's practical comparison/review of two popular, inexpensive scanners,needed for the solo practitioner and small firm to switch to "paperless" offices.

The NeatDesk document scanner is an attractive, consumer-grade document scanner that is up against stiff competition, including the Fujitsu ScanSnap S1500, which has become incredibly popular with lawyers and includes a copy of Acrobat for a tough-to-beat value proposition. But the NeatDesk has its own software package and at least one feature the ScanSnap lacks: TWAIN.

So can the NeatDesk measure up to the ScanSnap? Read on to find out!

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After Law School, Associates Learn to Be Lawyers - NYTimes.com

Laura Pedrick for The New York Times

Drinker Biddle & Reath, a Philadelphia firm, trains its new associates to be lawyers. Here, Matthew McDonald, a partner, passes out instructions.

So, for decades, clients have essentially underwritten the training of new lawyers, paying as much as $300 an hour for the time of associates learning on the job. But the downturn in the economy, and long-running efforts to rethink legal fees, have prompted more and more of those clients to send a simple message to law firms: Teach new hires on your own dime.

"The fundamental issue is that law schools are producing people who are not capable of being counselors," says Jeffrey W. Carr, the general counsel of FMC Technologies, a Houston company that makes oil drilling equipment. "They are lawyers in the sense that they have law degrees, but they aren't ready to be a provider of services."


Read entire article recommended by Gregory Kottmeier, Esq.

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State Bar of Michigan (and others) Partner with Ruby Receptionists

Virtual Receptionist

    Ruby Receptionists
    NEW! Ruby Receptionists is the perfect solution for solo and small law firms. We're the bright, friendly virtual receptionist service that provides top-notch service at a fraction of the cost of an onsite receptionist. Best of all, your callers will think we work in your office.

    How we help attorneys:
  • Answer your calls with your custom greeting
  • Let you know who's on the line before transferring
  • Transfer callers to you live wherever you are
  • Answer FAQs about your firm
  • Route calls based on the type of call (potential clients, current clients, people from the court, etc.)
  • Send voicemail messages to your e-mail inbox
  • Promptly relay messages to you via e-mail or text
  • Return calls on your behalf to confirm appointments, gather info, or relay a message
  • State Bar of Michigan members enjoy free setup, ongoing free voicemail boxes, and discounts on monthly charges. To learn more, contact Diana Stepleton at (866) 611-RUBY (7829) or by e-mail to hello@callruby.com or visit us atwww.callruby.com.

They're also currently working with:

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November 21, 2011

PERF Statement on "Occupy" Protests

Over the last few days, the Police Executive Research Forum has been the subject of several false articles and blog postings alleging that we have been coordinating police crackdowns on Occupy protests. This is not true. PERF conducted two conference calls for the sole purpose of allowing police chiefs to compare notes about their experiences with "Occupy" protests. The last conference call was held on November 4--more than two weeks ago.

PERF urges everyone who wishes to obtain an accurate view of PERF's work to read a report that we released in July 2011 called "Managing Major Events: Best Practices from the Field." This report, which is available on our website athttp://www.policeforum.org/dotAsset/1491727.pdf, summarizes the views of police leaders who participated in a PERF conference in November 2010 to discuss issues related to major events such as large-scale protests. See especially the following:

--Chapter 2, titled "A 'Softer' Approach to Crowd Management: The Vancouver Model," offers this advice: "Be proactive by reaching out to the public or influential community groups beforehand to inform them of your planned activities during an event.... Use the 'meet and greet' strategy. Engage the crowd in a friendly, non-confrontational manner....Most protesters are peaceful; don't allow a small group of instigators to provoke an aggressive response from officers."

--Chapter 7, titled "Preparing for Protesters at Major Events," includes this recommendation: "When dealing with law-breaking protesters, don't forget that thousands of nonviolent protesters are merely exercising their First Amendment rights. So the police must differentiate the lawbreaking protesters from those who are peaceful."

We also invite everyone to review our many other reports on our website (http://policeforum.org), which can be found in the "Free Doc Library" and "Critical Issues Series" sections. We believe that these documents will provide an accurate view of PERF's history of promoting community policing and police strategies that ensure that everyone's Constitutional rights, including First Amendment free speech rights, are protected.

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Empire Justice Center: New York Laws Involving the Confidentiality of Domestic Violence Victim-Related Information

For a comprehensive listing of New York's confidentiality protections for domestic violence victims, see:

Review the provisions of New York's new AddressConfidentiality Program, effective June, 2012.

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Baum foreclosure law firm closing - Business - The Buffalo News

The closure comes just days after both Fannie Mae and Freddie Mac banned the law firm from receiving any new foreclosure, bankruptcy or other legal work from lenders and servicers working on behalf of the mortgage finance giants. Baum could still continue handling work it had already been referred and begun processing, but would not receive any new business.


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November 25, 2011

iPad or Kindle Fire: Which should you buy? -- GigaOM

Amazon's first foray into the tablet market, the Kindle Fire, is widely perceived as the first real competitor to the iPad. Whether that's true or not is discussed below, but for shoppers looking to gift a tablet for the holidays, it can be hard to which is the better gift. That's why GigaOM compares the two on four points: hardware, software, ecosystem, and price.

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November 27, 2011

Majority of State's Fire Districts Failed to Meet Deadline Under Governor's Property Tax Cap Law

More than 56 percent of New York's 882 fire districts recently passed budgets without filing the required tax cap data with the Office of the State Comptroller, according to State Comptroller Thomas P. DiNapoli. The electronic filings were due by November 4. State law requires fire districts to file their proposed budget data for review by OSC prior to adoption of their annual budgets to ensure that the districts' tax cap calculations are accurate.


Comptroller DiNapoli's web page, "Real Property Tax Cap," is available to help localities navigate the complexities of the property tax cap. State law restricts tax levy increases for local governments, most school districts and other smaller independent entities, such as library, fire or water districts, to no more than 2 percent this year.

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What are you watching on Kindle Fire? -- Tech News and Analysis from GigaOM

Online video hosting platform company, Ooyala processes more than 1 billion analytics pings per day, reflecting the viewing behavior of over 100 million global unique users. It has used that data to put together this infographic to showcase what Kindle Fire owners are watching.

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SecretSync - Client-side encryption for Dropbox

Dropbox takes every precaution to keep your data secure. They use SSL encryption to make sure that while you send your files to them, the network packets can't be compromised. Once they receive your files, they store them encrypted on their servers. They also use internal policies to ensure that employees can't access your files.

The difference is that SecretSync provides client-side encryption, while Dropbox provides encryption at the server. This just means that they're not asking you to trust them, or anyone, with your data. Your computer encrypts your files first, before anyone else has a chance to access them.

SecretSync installs a tunnel folder that goes inside your Dropbox. Files are encrypted before being put in here. The tunnel folder is inside Dropbox to allow it to sync your encrypted files to your other devices.

2GB is FREE  20 GB is $39.99 per year  1TB is $59.99 per year

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November 28, 2011

Deep Overtime Cuts Bring Delay, Rethinking of Case Presentation-NYLJ


Justice Michael V. Coccoma (See Profile), the chief administrative judge for courts outside of New York City, said he receives eight to 12 requests daily, mainly in Family Court and often when someone is being remanded and transportation becomes an issue late in the day.

"I try to determine if this is something unanticipated, if it is going to cause a financial hardship to the parties [to push the matter over to the next day], whether it is an emergency," Justice Coccoma said. "I put a lot of weight on the judge and what he or she tells me is going on."

Justice Coccoma said sometimes it is cheaper to spend the money for overtime than require a jury close to verdict to return the next day, or to stop jury selection when only one more juror is needed. Jurors and prospective jurors get paid $40 a day.

"For the most part, the requests have been reasonable," Justice Coccoma said. "But if I start seeing a court that is frequently asking for OT, I will take a closer look. Is it a problem with the judge's case management or calendar? Is it a problem of over scheduling cases? The judges have been cooperative; the court staff has been cooperative. We just have to learn to work with it."


Read entire NYLJ article here.(May require registration)


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November 30, 2011

How Shopping for Groceries Online Saves Time, Money, and Hassle-LifeHacker

A row of shopping carts.

Image via Wikipedia

Alan Henry:  Most of us hate going to the grocery store. Fighting for parking, dealing with the crowds, dodging shopping carts, waiting in long lines at checkout--they're all annoying and make us want to avoid the supermarket altogether. Plus, grocery stores are full of money-sucking pitfalls like endcaps and deceptive pricing. Thankfully, we live in the future, and we can have groceries brought to us instead of having to go get them. Here's how to get started with grocery delivery, save some money, avoid the grocery-store hassle, and let your food come to you.

Click below to read entire article:

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About November 2011

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

October 2011 is the previous archive.

December 2011 is the next archive.

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