March 2012 Archives
Mr. Galasso argues in court papers that the Second Department wrongly used a strict liability standard that required attorneys "to be insurers of all escrow deposits" and "unfairly results in a lawyer's law license being posted as additional collateral for his costly designation on an attorney escrow account."
"[A]side from imposing an unattainable level of managerial and investigative skills upon lawyers, the Appellate Division has declared that attorneys in operating escrow accounts, beyond any financial exposure they may face, must now post their licenses as some sort of additional collateral to their exposure in damages," Mr. Galasso argued. He later added, "With this holding, the prospects of finding attorneys willing to hold client escrow will be bleak. In the end, the public will suffer as well."
The New York State Trial Lawyers Association, the Nassau County Bar Association, Matrimonial and Family Law Bar Association of Suffolk County and the Bronx County Bar Association all plan to file amicus briefs urging the Court of Appeals to grant Mr. Galasso's motion for leave to appeal.

Seal of the United States Social Security Administration. It appears on Social Security cards. (Photo credit: Wikipedia)
Author: Louise M. Tarantino| Catherine M. Callery (Kate)
The Social Security Administration has announced the first electronic service that must be used by representatives who request direct fee payment. 77 Fed. Reg. 4653 (Jan. 31, 2012), and revised on March 8, 2012. 77 Fed. Reg. 13968. http://www.gpo.gov/fdsys/pkg/FR-2012-03-08/pdf/2012-5673.pdf.
Beginning March 16, 2012, "appointed representatives [will be required to] file certain appeals [requests for reconsideration and requests for hearing] using our electronic systems in matters for which the representatives request direct fee payment." This announcement applies to the filing of requests for reconsideration and requests for hearing in Title II and SSI disability claims. On March 8, 2012, SSA revised the original Federal Register Notice to clarify that the electronic filing requirement also applies to Form i3441, the Disability Report - Appeal.
***
SSA's March 7th webinar on the requirement and filing appeals online is available "on demand" at http://www.socialsecurity.gov/webinars/FilingaDisabilityAppealOnline.html. These rules are effective for appeals filed on or after March 16, 2012.
|
Steven J. Baum, who led what was once New York's largest foreclosure firm before it closed its doors last year, has agreed not to handle foreclosure cases for lenders and servicers for two years under a settlement agreement with the New York Attorney General's Office.
Mr. Baum, his managing partner Brian Kumiega, the Baum firm and Pillar Processing will also pay $4 million under the deal.
According to the attorney general's office, between 2007 and 2010, the Baum Firm filed over 100,000 foreclosure proceedings and represented many of the largest servicers of residential mortgage loans. Pillar was formed by the firm to handle the bulk of the foreclosure processing.
The attorney general's office claimed that the Baum firm "repeatedly" filed legal papers in foreclosure and bankruptcy proceedings "without taking appropriate steps to verify the accuracy of" allegations, the lender's right to foreclose or to file a bankruptcy proof of claim.
***
contacts, calendar, email, notes, and other information about the people you interact with.
Before Phone Amego, these islands didn't talk to each other. Now they can.
What's different about Phone Amego is:
* It does both dialing and caller ID.
* It embraces the iPhone and the Internet.
* It is designed to work with many popular phones.
* It includes a lightweight CRM that integrates with other tools as needed.
* It focusses on Mac-to-phone integration,
not trying to be another phone or answering machine.
Buy a single license (2 computers) for $29.99 or a Family Pack (5 computers) for $49.99.
Lawyers in Transition Free Webcast
"How to Find a Public Service Job"
Monday, April 23, 2012
12:00 p.m. - 2:00 p.m. (Eastern Time)
Register Online
www.nysba.org/April23rdWebcast
2012 Career Development Free Live Webcast Series
Sponsored by the Committee on Lawyers in Transition
This webcast is free* to all attorneys, but pre-registration is required.
Panelists will discuss strategies and techniques for seeking, networking and finding a position in the public interest or in local, state or federal government.
Featuring
Christopher J. Muller
Counsel to the Commissioner
Columbia County Department of Social Services
Lillian M. Moy, Esq.
Executive Director, Legal Aid Society of Northeastern New York, Inc.
Henry M. Greenberg, Esq.
Shareholder, Greenberg Traurig LLP
Wayne G. Hawley, Esq.
Deputy Executive Director and General Counsel, Conflicts of Interest Board
This program is part of the New York State Bar Association Committee on Lawyers in Transition series of free, live webcasts on Career Development to help lawyers better manage their careers during this tough economy. If you are 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. Designed to help attorneys in transition, the career development series of programs offer advice and resources to increase the odds of finding rewarding work.
Please note: This program does not carry MCLE credit.
In the Albany area? Attend in person.*
The live program will be held at the State Bar Center, One Elk Street, Albany, NY.
*NYSBA members are invited to attend in person to be a part of the live audience at no charge. The non-member, in person registrant fee is $25.
In-person participants must arrive by 11:30 a.m. Pre-registration is required.
Please note that your name must be added to a security list to enter the building.
Register online: www.nysba.org/April23rdWebcast
iPad for Litigators is the topic of the 53rd Edition of the Digital Edge podcast. Their guest is Tom Mighell. Tom blogs about the iPad in the legal community at iPad 4 Lawyers. Tom is the author of the book iPad in One Hour for Lawyers and the author of the newly announced book iPad Apps in One Hour for Lawyers.
Tom and Jm Calloway have done several programs about lawyers using iPads in and out of the courtroom. Co-host, Sharon Nelson and Jim chat with Tom about how trial lawyers use iPads. The show notes have links to the apps discussed as well as a link to purchase the archive of a CLE presentation Tom and Jim did through ALI-ABA with trial lawyer Jamie Moncus.

Image via Wikipedia
They are changing how they present citations to legal opinions. Now, instead of sorting the citing documents by their prominence, Scholar sorts them by the extent of discussion of the cited case. Opinions that discuss the cited case in detail are presented before ones that mention the case briefly. They indicate the extent of discussion visually and indicate opinions that discuss the cited case at length, that discuss it moderately and those that discuss it briefly. Opinions that don't discuss the cited case are left unmarked. For example, see opinions citing Dique v. New Jersey State Police, 603 F. 3d 181.

Image via CrunchBase
Simple Pricing.
Learn More
Free App & Reader.
Get Started in Minutes.
Email & Text Custom Receipts.
Works with QuickBooks.
Manage Multiple Users.
Get Your Money Fast.
Learn More
Easily Manage Transactions.
Secure, Encrypted Payments.
Related articles
- Mobile Payments Platform Intuit GoPayment Allows Merchants To Receive Money On A Prepaid Visa Card (techcrunch.com)
- Get paid on the spot from your mobile phone(whatisecommerce.wordpress.com)
- Intuit releases debit card to be used with its mobile GoPayment system(venturebeat.com)
- Intuit Begins Global Push with GoPayment Mobile Payment Solution(mobilemarketingwatch.com)

Image via Wikipedia
The IRS website has a variety of other online resources available to help taxpayers meet their payment obligations:
- IR-2011-20: IRS Announces New Effort to Help Struggling Taxpayers Get a Fresh Start; Major Changes Made to Lien Process
- Offer in Compromise
- Tax Tip: Ten Tips for Taxpayers Who Owe Money to the IRS
- The What If's of an Economic Downturn
- Video on How to Complete Form 656: Offer in Compromise
A challenge by Jacoby & Meyers to New York state's ban on law firms accepting equity investments from non-lawyers has been dismissed by a federal judge.
Southern District Judge Lewis A. Kaplan (See Profile) on March 8 said the personal injury firm's lawsuit challenging Rule 5.4 of New York's Rules of Professional Conductmust fail because the rule is not the only one in New York that "forecloses plaintiffs from receiving non-lawyer equity investment," but it was the only one challenged by the firm.
***
New York Assistant Attorneys General Daniel A. Schulze and Michael J. Siudzinski represented the state in Jacoby & Meyers, LLP v. The Presiding Justices of the First, Second Third and Fourth Departments, Appellate Division of the Supreme Court of the State of New York, 11 Civ. 3387.Parts of a New York rule requiring that attorneys who claim to be certified specialists make prescribed disclosure statements violates the First Amendment, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Buffalo personal injury lawyer J. Michael Hayes convinced the Second Circuit that there was a lack of clear standards for enforcing Rule 7.4 of the New York Rules of Professional Conduct on attorney specializations.
Mr. Hayes had drawn the attention of the Attorney Grievance Committee in the Eighth Judicial District for inadequate disclosures on his letterhead and on one of two billboards advertising his services in 1999.
Although he was never formally disciplined for running afoul of Rule 7.4, "Identification of Practice and Specialty," Mr. Hayes was facing potential discipline for his letterhead when he filed an action in the Western District seeking a declaration that the rule was unconstitutional both on its face and as applied.
On March 5, the Second Circuit agreed in Hayes v. State of New York Attorney Grievance Committee of the Eighth Judicial District, 10-1587-cv, reversing Western District Judge John T. Elfvin's grant of summary judgment to the grievance committee and the decision of Magistrate Judge H. Kenneth Schroeder, who rejected Mr. Hayes' void-for-vagueness claim following a bench trial in 2010.
Quick Links to Issue Areas
Most Popular Resources
On March 28, 2012, the Jewish Lawyers Guild will hold its Thirty-sixth Annual Dinner at the Hilton New York where it will present the Golda Meir Memorial Award to Hon. Dianne T. Renwick, the Benjamin N. Cardozo Award to Hon. Barry Kamins and the Tzadik Award to past Jewish Lawyers Guild president, Irwin Kahn.
If you need additional information, please feel free to contact me.
Location: Hilton New York
Date: Wednesday, March 28, 2012
Time: 6:00 P.M.
Location Address: 1335 Avenue of the Americas, New York New York Map Location
Contact Name: Richard E. Lerner, Esq.
Contact Email: jlgdinner@wilsonelser.com
Contact Phone: 212-915-5449
Event Fee: $225.00
Gala Cocktail Reception: 6:00 to 7:30 p.m.
Light Dinner, Awards and Dessert: 7:30 to 9:00 p.m.
Couvert $225
Kosher Dietary Laws Observed
It's Windows reimagined and reinvented from a solid core of Windows 7 speed and reliability. It's an all-new touch interface. It's a new Windows for new devices. And it's your chance to be one of the first to try it out.
See what's new
Swipe, slide, and zoomTouch a full-powered PC. It's fast and it's fluid. Take natural, direct, hands-on control. | Apps, front and centerApps in Windows 8 work together to get things done faster. Get them from the Windows Store. | Your Windows, everywhereWindows 8 can connect you to your files, photos, people, and settings, wherever you sign in. |
Wall-to-wall webInternet Explorer 10 Consumer Preview brings you immersive web browsing on screens big and small. | The familiar, made betterStill devoted to your mouse and keyboard? Windows 8 makes the tried-and-true feel brand new. | The Windows Experience BlogRead this Windows Experience Blog entry for some tips on getting started withWindows 8 Consumer Preview. |
Behind the scenes
Meet the engineering teamCheck out a short video for an informal look at Windows 8 from one of the teams that built it. | Building Windows 8Get the latest news and the inside scoop on the development process from the Windows 8 engineering team blog. | The product guideDownload the Windows 8 Consumer Preview Product Guide for more in-depth, detailed info on this release.
|
Mr. Fahringer told the circuit panel hearing United States v. Stewart, 10-3185-cr., that it was wrong to punish Ms. Stewart for comments made "on the steps of the courthouse," where there has always been "much wider latitude" for speech.
He urged the panel not to go "down that road" because "no one will be able to comment after a sentence for fear that the same thing could happen to them."
***
And when asked about Mr. Fahringer's argument that the benefit of the doubt goes to the speaker when the speech is ambiguous, Mr. Dember answered that "Judge Koeltl didn't find any of the statements ambiguous at all."
Read the brief of the United States.