May 2013 Archives



UnderABA Model Rule 7.1, a lawyer is not to make any false or misleading claims about his or her services. If a lawyer permits an endorsement to remain on the lawyer's LinkedIn profile that the lawyer knows to be misleading, even if someone else posted the endorsement, that would seem to be a problem under Rule 7.1.

Read entire Ambrogi article by clicking link below:




Enhanced by Zemanta
Please join the NDNY FCBA for a CLE Program in Syracuse on Thursday, June 27, 2013

"Social Security Disability:  Topics of Interest to Representatives at the Administrative and Federal Court Phases"

Presenters of this program will be:

Catherine M. Callery, Esq.
Empire Justice Center

Hon. Bruce S. Fein
U.S. Administrative Law Judge, SSA

Maria P. Fragassi Santangelo, Esq.
Office of General Counsel, SSA

Karen Southwick, Esq.
Olinsky Law Group

Louise M. Tarantino, Esq.
Empire Justice Center

Hon. Thérèse Wiley Dancks

U.S. Magistrate Judge NDNY


When:
Thursday, June 27, 2013
9:30 a.m. - 1:00 p.m.
Registration begins at 9:00 a.m.
Where:
James M. Hanley 
U.S. Federal Building and Courthouse
100 South Clinton Street,
Jury Assembly Room, 7th Floor
Syracuse, New York
Credits:
This program has been approved in
 accordance with the requirements 
of the New York State Continuing
Legal Education Board for 3.5 credits towards the Professional Practice 
Requirement.

Register

(Registration closes June 20, 2013) 
 

 

The Northern District of New York Federal Court Bar Association has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York
 (February 16, 2013 through February 15, 2016).

This program is appropriate for newly admitted and experienced attorneys.

This is a single program.  No partial credit will be awarded.

This  program is complimentary to all Northern District of New York Federal Court Bar Association Members.  Click on the link below to join.  The CLE program materials will be posted to our website.  As a member you may access all historic CLE materials for the NDNY FCBA CLE programs at:

http://www.ndnyfcba.org

If you have any questions you would like to submit prior to the program please submit them in advance to:


Thank you for your interest in the NDNY FCBA.  We look forward to seeing you at this upcoming CLE program.

Sincerely,
 
Melissa Withers
NDNY Federal Court Bar Association, Inc.
315-422-2799

Enhanced by Zemanta

IRS Reminds Those with Foreign Assets of U.S. Tax Obligations

| No Comments

U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of 2012, may have a U.S. tax liability and afiling requirement in 2013.
Enhanced by Zemanta



IMelody M. v Robert M., 103 A.D.3d 932 (3rd Dept. 2013), the Third Department affirmed a Family Court order that among other changes to the prior joint custody, issued an order of protection against the mother that prohibited her from, among other things, posting any communications to or about the children on any social network site.



Enhanced by Zemanta

Dropbox and the Paperless Office on Steroids | SlawTips

| No Comments



Here's a tip that will ensure you always have every document in your client file handy, wherever you are.  Copy your entire client folder toDropbox (or Google Drive) the day before any court appearance or other major event.  Your client folder will then be available to you remotely, via the Cloud, if you need to check any documents that you left behind.




Enhanced by Zemanta

The Supreme Court's decisions in Missouri v. Frye and Lafler v. Cooper, and the upcoming appeal in Burt v. Titlow1, have put plea bargaining front and center on the national stage.2 As a result, they have divided practitioners and scholars into two camps: (1) those who consider the rulings to be a new statement in the law of plea bargaining and right to effective assistance of counsel; and (2) those who believe they are only a restatement of established principles.3 In any event, these cases have generated interest in the centrality and regulation of plea bargaining, the ethics and effectiveness of defense counsel as negotiator, the oversight of prosecutors regarding charging decisions, sentence recommendations and pre-trial discovery, and the scope of federal habeas corpus review and remedies.

This article collects high court opinions, scholarship and commentary regarding the themes addressed by the Supreme Court in Lafler and Frye as well as their implications for the administration of criminal justice.4

See first link below for entire article:

Enhanced by Zemanta

Marvin for iOS for iPad on the iTunes App Store

| No Comments


Marvin is a fast, intelligent eBook reader for your iPad. What sets Marvin apart are its unique features and an incredible Artificial Intelligence engine that reads your books with you and helps you discover amazing things about them, their characters, places and anything else. 

WHEN MARVIN HAS READ YOUR BOOK YOU CAN
• Look up characters, places and names in your book to see their biographies, articles about them or their photos. 
• See the first time names appear in your book to remind you who they are. 
• Find articles about the book and its author. Was the book ever made into a movie, a play, or a radio drama? 
• Pin any review, article, video or website to your book. 
• Build summaries. Marvin actually creates a new eBook that you can read, annotate and share separately. 
• Save all your research and share it easily with your friends. 



Enhanced by Zemanta

In a Paperless Office, A Bigger Monitor is Better

| No Comments
English: Multi-Screen Computer Desk with a Mus...

English: Multi-Screen Computer Desk with a Music Studio Setup (Photo credit: Wikipedia)


by TODD HENDRICKSON on MAY 17, 2013 in LEGAL TECHNOLOGYPRACTICE MANAGEMENT


In a paperless practice, screen size is critical. Don't skimp on the screen real estate. You have two choices: jumbo monitors or multi-monitor setups. I've opted for the jumbo monitor. Here's why:

Multi-monitors are great for segregating programs to different screens. They look very cool. But if you are reading this, you are an attorney, not a day-trader. You will spend the majority of your time at your computer doing two things: reading and writing. Most of what you do falls in one of those two categories. And for those purposes, jumbo monitors excel.

Read why here.


Enhanced by Zemanta

The field of mental health will face its greatest upset in years on Saturday with the publication of the long-awaited and deeply-controversial US manual for diagnosing mental disorders.

Early drafts of the book, the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, or DSM-5, have divided medical opinion so firmly that authors of previous editions are among the most prominent critics.

Known informally as the psychiatrists' bible, the $199 tome from the American Psychiatric Association is the guidebook that US doctors will use to diagnose mental disorders. The latest edition is the first major update in 20 years.

Read entire analysis by Guardian.


Enhanced by Zemanta

NYSBA Pro Bono Appeals Program

| No Comments


The New York State Bar Association is proud to provide an innovative Pro Bono Appeals Program that offers free representation to individuals of modest means in selected appeals to the Appellate Division in both the Third and Fourth Departments.

The Program, which began in the Third Department three years ago, was recently expanded to the Fourth Department. Family law appeals have proven to be the area of greatest need. The Program also offers appellate representation in cases involving education, health, housing, unemployment insurance, and worker's compensation. The Association's Committee on Courts of Appellate Jurisdiction selects cases based on several factors, including the merits of the issues raised and the potential impact of the case.

If you have clients of modest means who could benefit from this Program, please tell them about it and help them complete an application, available at www.nysba.org/probonoappeals, along with other details about the Program. Applicants with income up to 250% of Federal Poverty Guidelines are eligible for representation. Also, if you have appellate experience and would like to participate in the program, please contact the Program at info@probonoappealsny.org.

Sincerely,

Seymour W. James, Jr., President

Enhanced by Zemanta

In the aftermath of the Boston Marathon bombings, a host of critical legal issues have surfaced for victims and their families, as well as for impacted businesses. Register for this FREE webcast to learn about some of the key insurance law, disability law, and Family and Medical Leave Act issues that your clients may confront. Whether you represent impacted parties as pro bono or paying clients, you need to be able to spot the legal issues and help secure the best practical remedy possible.


LIVE WEBCAST

 
Advising Victims of the Boston Marathon Bombing

A FREE webcast highlighting the insurance law, disability law, and Family and Medical Leave Act issues



WEBCAST
12:00 Noon - 1:30 P.M.
Monday, May 20, 2013
Register at www.mcle.org
Program No. 2130549WBC


RECORDED
WEBCAST

12:00 Noon - 1:30 P.M.
Tuesday, May 28, 2013
Register at www.mcle.org
Program No. 2130549RBC


RECORDED
WEBCAST

12:00 Noon - 1:30 P.M.
Monday, June 3, 2013
Register at www.mcle.org
Program No. 2130560RBC


RECORDED
WEBCAST

12:00 Noon - 1:30 P.M.
Monday, June 10, 2013
Register at www.mcle.org
Program No. 2130561RBC


 
Tuition: FREE
Enhanced by Zemanta

A key deadline of May 15 is facing many tax-exempt organizations that are required by law to file annual reports with the Internal Revenue Service. Organizations will see their federal tax exemptions automatically revoked if they have not filed reports for three consecutive years.


Enhanced by Zemanta



About the Author

Jim Calloway is director of the Oklahoma Bar Association Management Assistance Program. He publishes the blog Jim Calloway's Law Practice Tips (jimcalloway.typepad.com) and also produces, with Sharon D. Nelson, the monthly podcast, The Digital Edge: Lawyers and Technology. His Twitter handle is @jimcalloway.

THE FUTURE OF PRIVATE LAW PRACTICE has been a subject of much speculation the last several years. While some law firm partners behave as if they believe things will go back to business as usual, most of those who are paying attention believe we are headed to a "new normal" in our future. Among the factors cited to support this proposition are business clients more engaged in negotiating legal fees, an overexpansion of law schools that has led to more attorneys entering an already packed job market, the continuing impact of technological advances on law firms and the proliferation of legal services offered online by people or entities that are not lawyers.

So, it's a basic fact: Planning is critical for lawyers and law firms. But it remains far too easy for firms to get mired in important short-term planning issues such as budgeting and managing large projects at the expense of investment in the firm.

Read Calloway's eight (8) avenues to "Future-Proofing" your practice.



Enhanced by Zemanta


The most popular multilevel marketing ("MLM") companies and brands have attained near-cultural icon status: Amway, Herbalife, Mary Kay, and Shaklee.  Many Americans are familiar with these brands, as well as some of the lesser-known variations that might have been introduced by an overzealous acquaintance, through an infomercial, or via the Internet.  The popularity of the multilevel marketing method is no fluke; direct sales can be a profitable business model.  However, caution is warranted for prospective market entrants, for there is a network of state and federal laws and regulations that must be navigated in order to ensure that a given multilevel-marketing operation is not deemed to be an illegal pyramid scheme.

If you've ever wondered just what is the legal difference between a MLM operation and a pyramid scheme, read the entire analysis here.


Enhanced by Zemanta

Updated Edition of Benchbook Now Available | United States Courts

| No Comments


The 6th edition (pdf) of the Benchbook for U.S. District Court Judges, a publication of the Federal Judicial Center, is now available online. The book, last updated in 2007, is a concise and practical guide to situations federal judges are likely to encounter on the bench. TheBenchbook covers procedures that are required by statute, rule or case law, with detailed guidance from experienced trial judges. And although new judges may benefit the most from the Benchbook, even experienced judges may find useful reminders about how to deal with routine matters, suggestions for handling more complex issues, and helpful starting points in new situations.

The 6th Edition includes a primer on a prosecutor's duty to disclose favorable information to defendants under Brady v. Maryland. There's a new section on civil pretrial case management focusing on the judge's role as an active case manager, and a completely revised section on sentencing, which contains an extensive colloquy for the sentencing hearing. There also are subsections on handling disruptive or dangerous defendants, and expanded jury instructions on the use of social media. Due to budgetary constraints, this edition of the Benchbook is published in electronic format only.

  • Download the 6th edition (pdf) of the Benchbook for U.S. District Court Judges.  
Enhanced by Zemanta

"Federal Practice 301: A Seminar on Dispositive Motions"

| No Comments



Please join the NDNY FCBA for a CLE Program in Albany on Wednesday, June 5, 2013.

This program is recommended for experienced attorneys only.

Federal Practice 301:  A Seminar on Dispositive Motions"

Presenters of this program will be:

Robyn Hoffman, Esq.
Law Clerk to Hon. Randolph F. Treece
Magistrate Judge
Northern District of New York

Michael Langan, Esq.
Law Clerk to Hon. Glenn T. Suddaby
U.S. District Court Judge
Northern District of New York


When:
Wednesday, June 5, 2013
9:00 a.m. - 12:00 p.m.
Registration begins at 8:30 a.m.
Where:
James T. Foley U.S. Courthouse
Jury Assembly Room, 1st Floor
445 Broadway
Albany, New York
Credits:
This program has been approved in
 accordance with the requirements 
of the New York State Continuing
Legal Education Board for 3.0 credits towards the Skills Requirement

 
The Northern District of New York Federal Court Bar Association has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York.

This program is appropriate for experienced attorneys.

This program is not appropriate for newly admitted attorneys.

This is a single program.  No partial credit will be awarded.

This  program is complimentary to all Northern District of New York Federal Court Bar Association Members.  Click on the link below to join.  The CLE program materials will be posted to our website.  As a member you may access all historic CLE materials for the NDNY FCBA CLE programs at:

http://www.ndnyfcba.org

If you have any questions you would like to submit prior to the program please submit them in advance to:


Thank you for your interest in the NDNY FCBA.  We look forward to seeing you at this upcoming CLE program.

Sincerely,
 
Melissa Withers
NDNY Federal Court Bar Association, Inc.
315-422-2799

When
Wednesday June 5, 2013 from 9:00 AM to 12:00 PM EDT
Add to Calendar
 

Where
James T. Foley U.S. Courthouse
445 Broadway
Jury Assembly Room, 1st Floor
Albany, NY 12207
Driving Directions



Enhanced by Zemanta

Norse Energy Corp USA v. Town of Dryden, et.al. (App. Div.-3rd Dept)

| No Comments

NYS's Oil, Gas, Surface Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.




Norse Energy Corp USA v. Town of Dryden, et.al.



Enhanced by Zemanta

Chief Judge Puts Pro Bono Disclosure Requirement in Place--NYLJ

| No Comments

ALBANY - Beginning today, New York lawyers must disclose on their biennial registration forms how many pro bono hours they provided and how much they made in financial donations to pro bono programs during the previous two years.

The new reporting requirements of Part 118 and Rule 6.1 of the Rules of Professional Conduct were approved by Chief Judge Jonathan Lippman and the presiding justices of the Appellate Division's four departments on April 23.

Lippman's "Task Force to Expand Access to Civil Legal Services" recommended increasing the voluntary pro bono goal for lawyers in the state to 50 hours a year from 20 (NYLJ, Dec. 7, 2012). That proposal is also being implemented today.



Enhanced by Zemanta

About this Archive

This page is an archive of entries from May 2013 listed from newest to oldest.

April 2013 is the previous archive.

June 2013 is the next archive.

Find recent content on the main index or look in the archives to find all content.

Monthly Archives

Pages

Powered by Movable Type 5.11