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March 2012 Archives

March 1, 2012

Stewart Challenges Resentence, Claims Penalty for Speech-NYLJ

Read Mark Hamblett's full text article here.

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."

Read Ms. Stewart's brief.

***

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.




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Windows 8 Consumer Preview



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.

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March 2, 2012

Jewish Lawyers Guild will hold its Thirty-sixth Annual Dinner

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

March 4, 2012

Free Online Accounting Software for Small Business - Wave Accounting

Spreadsheets and shoeboxes full of receipts are a pain. Wave gets you on top of your accounting, fast and easy, so you can spend your time on, well, anything other than accounting. And Wave is totally free.

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March 5, 2012

Reentry Resource Center - New York



Reentry Net/NY is a support network and information clearinghouse on prison and jail reentry, and the consequences of criminal proceedings in New York State. Attorneys, social service providers, policy advocates, individuals with criminal records, family and community members are encouraged to join for full access to the online resource library, monthly mailings, and calendar updates.

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March 6, 2012

Circuit Finds Attorney Ad Rule on Specialty Violates Free Speech-NYLJ

Hayes v. State of New York Attorney Grievance Committee of the Eighth Judicial District, 10-1587-cv

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 District10-1587-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.



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March 9, 2012

Judge Rebuffs Challenge to Ban on Non-Lawyer Firm Ownership-NYLJ

Jacoby & Meyers, LLP v. The Presiding Justices of the First, Second Third and Fourth Departments, A...Read entire Mark Hamblett NYLJ article here.


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.






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March 10, 2012

IRS Offers New Penalty Relief and Expanded Installment Agreements to Taxpayers under Expanded Fresh Start Initiative

IRSlogo

Image via Wikipedia


Read entire IRS press release here.

The IRS website has a variety of other online resources available to help taxpayers meet their payment obligations:


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March 12, 2012

Intuit GoPayment - iPhone credit card processing for mobile payments



GoPayment

Image representing Intuit as depicted in Crunc...

Image via CrunchBase

Image via CrunchBase

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Related articles

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March 13, 2012

Finding significant citations for legal opinions - Google Scholar Blog

English:

Image via Wikipedia


Read entire announcement from Google Scholar here.

Allowing users to find citing documents for an article is a key feature of Google Scholar. Ever since they added legal opinions,  legal researchers have asked them to make it easy to find significant citing decisions for a case - that is, decisions that discuss a case at some length, possibly supporting it, overturning it or differentiating it from others. 

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.





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March 17, 2012

Jim Calloway's Law Practice Tips Blog: The iPad for Litigators

Trial lawyers are also pretty excited about the iPad. With great apps for trial presentation and preparation and a very simple interface, lots of lawyers are successfully using iPads in the courtroom for jury trials and other types of hearings.

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.

Listen to their podcast on The iPad for Litigators.


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Lawyers in Transition Free Webcast: "How to Find a Public Service Job"

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


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March 18, 2012

Rob Reid: The $8 billion iPod

Comic author Rob Reid unveils Copyright Math (TM), a remarkable new field of study based on actual numbers from entertainment industry lawyers and lobbyists. 



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Introducing Phone Amego

You have phones, maybe several. AND You have software on your Mac for organizing your

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.


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* It focusses on Mac-to-phone integration,

not trying to be another phone or answering machine.


Try a free 21-day trial.


Buy a single license (2 computers) for $29.99 or a Family Pack (5 computers) for $49.99.



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March 22, 2012

Baum Firm Reaches Settlement With Attorney General-NYLJ

Read entire NYLJ article by Andrew Keshner.

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.

***


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Probation and Pretrial Services Tool Puts Clients on the Map--U.S. COURTS NEWS





Probation and Pretrial Services Tool
A new software application will give the
federal court system's probation and
pretrial services officers much more
information about their clients - offenders
and criminal defendants.

The Probation and Pretrial Services Clients
Mapping Application, slated to be rolled out
in late March, is another tool in keeping
tabs on persons under supervision. The
client mapping feature is familiar to anyone
who has used online maps to pinpoint or get
directions to a location. The application
does more, however.

It can, for example, highlight on a map
which offenders have been convicted of
certain types of offenses, which clients are
subject to a given type of supervision
condition, and display offenders by the
degree of risk they present for recidivism.

You can learn more about the new application in the March issue
 of The Third Branch newsletter.

March 26, 2012

Postable - The easiest way to get people's mailing addresses.

Postable solves a simple problem: nobody seems to have anybody's mailing address anymore.  Email addresses and phone numbers don't help when you want to send somebody an actual piece of mail.  Whether you're getting married and need to collect hundreds of mailing addresses, sending out Christmas cards or even if you just want to have a complete, up-to-date address book once and for all, Postable makes it extremely easy. They promise never use any piece of information submitted to this site for any reason other than to provide you with an amazing Address Book. Feel free to reach out to them on facebook and twitter.



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March 28, 2012

Empire Justice Center: SSA Requires Electronic Filing


Seal of the United States Social Security Admi...

Seal of the United States Social Security Administration. It appears on Social Security cards. (Photo credit: Wikipedia)


Author: Louise M. TarantinoCatherine 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.



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March 29, 2012

Bars Rally Around Suspended Attorney-NYLJ

Read entire NYLJ article by Andrew Keshner.


Several bar organizations are supporting the effort of a suspended Long Island attorney to challenge in the state's highest court what he describes as the overly strict approach of the Appellate Division, Second Department, to enforcing disciplinary rules governing attorney escrow accounts.
***

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.

March 31, 2012

Orbicule | Witness



Witness turns your Mac into a home alarm system, using its iSight camera as a motion sensor. If motion is detected, Witness sends mugshots and video to your iPhone or iPad.

Some apps offer a live video stream. While that sounds cool at first, it has many disadvantages. In contrast, Witness uses advanced motion detection to notify you right away when an intruder is detected.
If nothing happens at your house, Witness remains silent. No need to interrupt you when everything is just fine.

Witness can be set to restrict motion detection to human faces. This may come in handy if you have pets running around the house.

Witness uses the location of your iOS device to automatically arm your alarm when leaving your house and to disarm it upon your return.

Watch live images from any Mac in your alarm system. There are no limitations on how many Macs you can add to a single Witness account: you could add an entire computer lab.

A single-user license is $39.00 U.S. Witness requires a Mac with a built-in iSight, running Snow Leopard (Mac OS X 10.6).  Sorry, Mac only-no Windows.






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About March 2012

This page contains all entries posted to General Practice Section in March 2012. They are listed from oldest to newest.

February 2012 is the previous archive.

April 2012 is the next archive.

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