March 2016 Archives

At the recent ABA Techshow, MyCase produced a series of video interviews with legal technology experts, all hosted by Niki Black, herself a legal technology expert as well as MyCase's official legal technology evangelist. Today, Nike posted all the interviews at Above the Law.


MacMost Night Shift

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The new Night Shift feature in iOS 9.3 changes the color of your iPad and iPhone's screen to fit studies that show that a warmer display will make it easier for some people to get to sleep. You can try Night Shift with your iOS device if you read in bed at night to see if it helps you. 




NYSBA--House of Delegates Webcast-10:00am, April 2, 2016

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Saturday, April 2, 2016
  
Watch the NYSBA House of Delegates in action on Saturday, April 2nd beginning at 10:00 a.m. by clicking http://www.totalwebcasting.com/view/?id=nysbar and choosing the April meeting.
  
  
Agenda
  
10:00 a.m. - Call to order, Pledge of Allegiance, and welcome
  
10:05 a.m. - Approval of minutes of January 29, 2016 meeting
  
10:10 a.m. - Report of Treasurer - Ms. Sharon Stern Gerstman
  
10:25 a.m. - Election of Nominating Committee and State Bar Delegates to ABA House of Delegates - Mr. Seymour W. James, Jr.
  
10:35 a.m. - Report of Committee on Membership - Ms. Sherry Levin Wallach
  
10:55 a.m. - Report of President - Mr. David P. Miranda
  
11:10 a.m. - Report and recommendations of Committee on the New York State
Constitution - Mr. Henry M. Greenberg
  
11:30 a.m. - Report of Commercial and Federal Litigation Section - Mr. Mark Arthur Berman
  
11:45 a.m. - Report of The New York Bar Foundation - Mr. John H. Gross
  
11:55 a.m. - Report of NYSBA/TNYBF Joint Pro Bono Task Force - Ms. Marion Hancock Fish and Hon. Barry Kamins
  
12:10 p.m. - Report of Executive Director - Mr. David R. Watson
  
12:25 p.m. - Administrative Items - Ms. Claire P. Gutekunst
  
12:30 p.m. - New Business
  
Next House of Delegates meeting:
Saturday, June 18, 2016
The Otesaga Hotel, Cooperstown, New York
  
  
April 2, 2016, starting at 10:00 a.m. 
Live Webcast

NYS Division of Corporations, State Records and UCC--Local Laws Service

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Local Laws Search


Local Laws adopted by the legislative body of a local government (county, city, town or village) are filed with the Department of State pursuant to section 27 of the Municipal Home Rule Law.  Additionally, the legislative body of each county is required to provide the Secretary of State with a complete codification of all local laws ("county code") in effect that it has adopted.

The New York Department of State maintains an electronic database of local laws and county codes ("Local Laws Database"). The database contains local laws filed with the Department of State on or after January 1, 1998. It also includes county codes filed on or after April 1, 2015.  Local laws and county codes filed with the Department of State are usually included in the Local Laws Database within two business days.

Local laws filed prior to January 1, 1998 are not in the Local Laws Database.  They are maintained in manual files. Copies of these local laws may be obtained by sending a written request to the Department of State along with the required fee.

The public may search the Local Laws Database on this website.  Please review the "Local Laws Search Instructions" for detailed instructions on performing searches and viewing images of filed local laws and county codes which can be found below. 

 Local Laws Database Search

Local Laws Database Search Instructions (pdf)



Presenters:

Raza Hasan has been helping law firms with legal billing best practices for 10 years as President and CEO of TimeSolv Corporation.  

Scott Clasen is TimeSolv's director of marketing. With over 15 years of marketing experience, he has in-depth knowledge of the all the various digital marketing channels available and how to leverage them to grow your business.


Obviously, this is a presentation by a company with something to sell; but the topic is interesting, timely, and the "price" is right.





Citators have two main functions. First, they allow you to quickly locate other cases that cite a particular case. Second, they allow you to quickly identify other cases that affect the validity of a particular case.* 

While many consider Shepard's (from LexisNexis) and KeyCite (from Thomson Reuters, home of WestlawNext) to be the "gold standard" in citators, the former is available only in connection with a Lexis Advance subscription and the latter is available only in connection with a WestawNext subscription. Here are some free alternatives to consider:

NYSBA | Lawyers in Transition-Upcoming Programs-FREE for NYSBA Members

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UPCOMING PROGRAMS AND EVENTS FOR LAWYERS IN TRANSITION


STRATEGIES FOR TAKING CARE OF YOUR WELL-BEING: EVEN WHEN ALL NEWS SEEMS BAD | FREE VIDEO REPLAY

Wednesday, March 30, 2016 | 6:00 - 8:00 p.m. | Video Replay Program with live Q&A | Register here! 
 
Sponsored by the New York State Bar Association Committee on Lawyers in Transition and the Lawyer Assistance Program.
 
Panelists: Pat Spataro & Kim Wolf Price

Transition is often a time when individuals find themselves struggling as our sense of identity can often be tied up in "what one does" as much as "who one is."  Sometimes as we seek new opportunities, we need to focus on strategies for taking care of your well-being.  So what steps should you take to strengthen your sense of well-being to help in making a transition? During a transition? When the transition seems to be too much to handle?  This program gives viewers advice on how to work through these tough time - whether it is your own struggle or you are looking for ways to help someone else. 

Recorded Tuesday, October 27, 2015 | Broadcast with Live Q&A

This is a free event for NYSBA members.  Pre-registration is required. 
____________________________________________________________________

THE ECONOMIC CONFIDENCE BUILDING PROCESS | FREE LIT WEBCAST

Tuesday, April 19, 2016 12:30 - 1:30 p.m. | 120 Broadway - 37th Floor, New York, NY 10271 | Register here! 

Sponsored by the New York State Bar Association Committee on Lawyers in Transition.

The Economic Confidence Building Process is a comprehensive engagement and analysis of a client's interconnected wealth protection and wealth creation worlds with the ultimate goal of helping clients live great financial lives. We know specifically that attorneys live busy and demanding lives which leaves very little time for planning and understanding financial and insurance instruments. We look to bring good information, discipline, organization and more importantly trusted counsel.

Faculty:

Vidal Peoples has been a financial planner with Strategies for Wealth since 2011. Vidal is a proud torch bearer of Strategies For Wealth 81 year tradition of excellence in engaging individuals, families and business owners towards living great financial live and financial security. Vidal helps clients maximize and protect their wealth by debunking common financial myths which have caused the current retirement crisis.
 
Marty Nachemson is a partner at Prosperian Wealth Management. Marty brings a specialty in holistic financial engineering to his clientele.Thorough and innovative, Marty produces measurable returns through a unique macro-economic coordination process, with the goal in mind to increase efficiency of dollars, develop tax saving strategies, along with risk management and control over your finances. For over three decades, Marty's communication skills, grasp of economic strategy and desire to serve has brought him a diverse and prolific clientele as well as many industry awards and recognition. 
 
This is a free event for NYSBA members.  Pre-registration is required. 
____________________________________________________________________

STORYTELLING FOR LAWYERS | FREE LIT WEBCAST

Wednesday, May 25, 2016 | Time: 8:30 - 10:00 a.m. | Free Webcast and Live Program | Epstein Becker & Green, P.C. | 250 Park Avenue | New York, NY 10177 | Register here! 

Sponsored by the New York State Bar Association Committee on Lawyers in Transition.
 
Description:

Stories, true and personal, are the single most powerful communication tool. Using ethos, logos and pathos, we craft stories to transmit information effectively as counselors, negotiators, advocates, negotiators, employers, marketers, and colleagues. This workshop will discuss:
- new neurological research on the function of stories with a dramatic arc
- how to craft stories
- how to choose stories
- how to deliver stories
- code-switching
- ethical boundaries

Program Location:
Epstein Becker & Green, P.C. | 250 Park Avenue | New York, NY 10177

Panelist:
Deb Volberg Pagnotta, J.D., is CEO of diversityDNA llc, and Interfacet, Inc., both New York-based consultancies which provide services to help people communicate to connect. Ms. Pagnotta recently founded Storyweavers™, a project providing a series of curated and open mike story events throughout NY. Ms. Pagnotta is an adjunct instructor in the Humanities Department at Norwalk Community College, where she is the first recipient of NCC's Center for Escellence teaching award. She delivered a TEDxNCC talk (Diversity: Connections Not Categories) in 2014, and ran the Got Ideas Entrepreneurial Contest (2015) and the Juried Story Slam (2016). An instructor at Iona College from 2009-20115, she founded and ran the annual Student Story Slam (6 times) and in 2013 received the Junior Faculty Award for excellence in teaching. Her courses range from Intercultural Communication, Public Speaking, and Persuasion, to Interpersonal Communication, and Technology, Communication and Society.

This is a free event for NYSBA members.  Pre-registration is required. 
____________________________________________________________________


Internal Revenue Service Webinar Registration Page

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Watch this free webcast about Affordable Care Act: Information Reporting by Providers of Minimum Essential Coverage (MEC) (§6055)


When: March 29, 2016; 2 p.m. (Eastern) 

How: Register for this event. You will use the same link to attend the event.

Learn about:

  • Information Reporting for Issuers Overview

  • Minimum Essential Coverage (MEC)

  • Reporting Requirements

  • Forms

  • Resources


Mandatory Electronic Prescribing Effective Date Extended to March 27, 2016

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On March 13, 2015, Governor Andrew M. Cuomo and the New York State Legislature amended the Public Health Law and the Education Law to extend the implementation date for mandatory electronic prescribing to March 27, 2016.

Although this amendment extends the effective date of mandated electronic prescribing, e-prescribing of both controlled and non-controlled substances is currently permissible in New York. Practitioners must continue their efforts to become compliant with the requirement, including working with their software vendors to implement the additional security requirements needed for e-prescribing of controlled substances, and registering their certified software applications with the Bureau of Narcotic Enforcement.

General Information

Amendments to Title 10 NYCRR Part 80 Rules and Regulations on Controlled Substances have been adopted and became effective as final regulations on March 27, 2013. The amendments authorize a practitioner to issue an electronic prescription for controlled substances in Schedules II through V and allow a pharmacist to accept, annotate, dispense and electronically archive such prescriptions.

Read more....



Consumer Alert: Scammers Change Tactics, Once Again

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Aggressive and threatening phone calls by criminals impersonating IRS agents remain a major threat to taxpayers. But now the IRS is receiving new reports of scammers calling under the guise of verifying tax return information.



 YouTube: Telephone and Phishing Scams

Help get the word out to taxpayers about scam phone calls and emails by sharing these consumer warnings:


EFiling - N.Y. State Courts--Comments By March 25, 2016

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http://nycourts.gov/rules/efiling/


In preparation for an annual report on the subject of electronic filing ("e-filing"),  to be submitted to the Chief Judge, the Governor, and the Legislature, the Chief Administrative Judge is seeking comments from the public addressing users' experience with the Unified Court System's e-filing system.  Observations and recommendations on this subject are welcome from attorneys, litigants, and other members of the public.

Interested parties may email comments to efilingcomments@nycourts.gov, or submit them by letter to John W. McConnell, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 11th Fl., New York, New York 10004. Comments must be received no later than March 25, 2016.

Submitted comments will be subject to public disclosure under the Freedom of Information Law, and may be posted on the UCS public website.

MacMost--Signing Documents With Preview

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You can sign PDF documents in the Preview app and in Mail. You save your signature using either the trackpad or your Mac's camera. You can then insert that signature in any spot in the PDF. It then becomes a permanent part of that PDF just as if you had printed out the document, signed it, and then scanned it back in. You can do the same in Mail, but only the copy sent will contain the signature.



Thursday, April 07, 2016

Join attorney Patrick Schweihs, V.P. of Customer Solutions at Page Vault, for a  free webinar about capturing, preserving, and presenting webpages for cases.  Patrick will review:
  • Authenticating webpages in light of The Federal Rules of Evidence
  • Special risks and concerns raised by webpage evidence.
  • Dangers of spoliation with respect to webpages
  • Best methods for capturing, preserving, and printing webpages for legal use
Here's What You Need to Do with Forms 1095-A, 1095-B and 1095-C

You, your employees or your clients may receive one or more forms that provide information about 2015 health coverage. These forms are 1095-A, 1095-B and 1095-C. The following health care tax tips provide some answers to common questions about these forms: 

Form 1095-A: What you need to do with this form

Form 1095-B: What you need to do with this form

Form 1095-C: What you need to do with this form


VIIVO

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VIIVO
SCIENCE

Whether it is Dropbox, Google Drive, OneDrive, or one of the other multifarious iterations of cloud-based storage now available, most Internet users store at least some of their data far away from their home computers. That's no problem when the data is something innocuous like a grocery list or a batch of cat photos, but what about when the files are medical records, social security information, or other sensitive materials? Then, most experts agree, it's time to look at encryption services. Enter Viivo, a free encryption service that has been on the market for more than half a decade. Viivo is available for both Mac and Windows machines, as well iOS and Android mobile devices. It supports Dropbox, OneDrive, Box, and Google Drive. Downloading the service usually takes less than a minute. From there, users can begin to upload encrypted files to the cloud based service of their choice.


Copyright © 2013 Internet Scout Research Group - http://scout.wisc.edu



Child Welfare News and Notes--New York Office of Child & Family Services

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OCFS is pleased to issue this inaugural edition of Child Welfare News and Notes as one more way to communicate the good work happening across the state and beyond. These newsletters will be brief - we know you're busy - and will include links to additional resources and who to contact if you want more information. We welcome ideas to include in these monthly News and Notes as well.

NYS Office of Children and Family Services
52 Washington Street, Rensselaer, New York 12144-2796



Google Docs Gets Outline Tool | Ubergizmo

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Google Docs has received a new feature today on the web and on the Android app. The outline tool is displayed in a pane to the left of the page and it features headers for every section of the document. This enables users to jump quickly from section to section without having to scroll through the entire document to get to a particular section of the document.

If you've worked with super long documents in Google Docs then you might have been frustrated at times by having to scroll through the entire document. It's time-consuming and there can certainly be a better way to go about this.

Now there is. With the outline tool it becomes much easy to jump from section to section. It doesn't matter if you've manually applied headers in the document or not. Google Docs will intelligently detect logical divisions in your work and apply the headers which can then be added or removed as necessary.

Read more...




Hot off the presses is the Techshow issue of Law Practice, the magazine of the ABA's Law Practice Division. The issue is devoted to legal technology, with a particular emphasis on becoming technologically competent.

I'm proud to say that I served as "team leader" for this issue, along with the stellar team of Mary VandenackRoberta Tepper and Lance Johnson.


***


Read much more.

Correcting OCR Errors-Acrobat for Legal Professionals

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By Rick Borstein


Optical Character Recognition, commonly referred to as OCR, is the process of converting scanned images of letters and words into a electronic versions. For example, you can use the Recognize Text feature in Acrobat DC to convert an image of a page into a searchable version in which you can select text, comment on it and even edit it.

OCR is an imperfect process. While some very good originals will process at or near 100% accuracy, if you feed Acrobat a poor quality document, results will suffer. So, yes, a fax of a fax of fax is not going to OCR well. Scanned documents may also contain handwriting which seldom is recognized as text.

OCR affects search quality and that should be a concern to legal professionals. Consider a contract that may be part of your case. Perhaps the only place your client's name can be found in the document is in handwritten Name and Signature fields.

If you use Acrobat (or other tools) to search for your client name, no result will be returned.  Since your client's name is an important term for most cases, you might want to consider correcting key documents to enhance search results.

Fortunately, Acrobat DC includes tools to help you audit OCR quality and correct OCR errors.


Read rest of article and see illustrations.


***


Acrobat for Legal Professionals

The Acrolaw Blog is a resource for lawyers, law firms, paralegals, legal IT pros and anyone interested in the use of Acrobat in the legal community. Rick Borstein, blog author, is a Principal Solutions Consultant with Adobe Systems Incorporated.


Macintosh OS X Slowdown Solutions

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  By Randy B. Singer


A very disturbing problem that (fortunately very few) Macintosh users face is a sudden very noticeable decrease in performance of their computer.  This page is designed to help you troubleshoot and fix the problem based on the most likely known causes for this happening.

ConSource: The Constitutional Sources Project

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Over the last 10 years, ConSource has connected thousands of American citizens of all ages to our nation's constitutional history by creating a comprehensive, easily searchable, fully-indexed, and freely accessible digital library of historical sources related to the creation, ratification, and amendment of the United States Constitution. Their team not only curates important digital collections of historical materials, but also creates research reports and educational resources to meet the specific needs of scholars and authors, legal practitioners and government officials, educators and students, journalists and the general public.

Current ConSource Collections

  • The Constitution, Bill of Rights, and Amendments 11 - 27
  • Precursors to the Constitution (including the Declaration of Independence, Articles of Confederation and Mayflower Compact, Magna Charta and English Bill of Rights)
  • Colonial charters and state constitutions before 1787
  • The Federalist Papers
  • Anti-Federalist and Pro-Federalist Papers
  • Constitutional Convention Records, including James Madison's Notes of the Constitutional Convention and other records of the proceedings in Convention
  • Select correspondences between delegates to the Constitutional Convention
  • Selections from 10 state ratifying conventions
  • The legislative history of the Bill of Rights
  • 55 influential political sermons
  • Correspondence and papers of George Mason

IRS Alerts Payroll and HR Professionals to Phishing Scheme Involving W-2s

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WASHINGTON - The Internal Revenue Service today issued an alert to payroll and human resources professionals to beware of an emerging phishing email scheme that purports to be from company executives and requests personal information on employees.

The IRS has learned this scheme - part of the surge in phishing emails seen this year - already has claimed several victims as payroll and human resources offices mistakenly email payroll data including Forms W-2 that contain Social Security numbers and other personally identifiable information to cybercriminals posing as company executives.

"This is a new twist on an old scheme using the cover of the tax season and W-2 filings to try tricking people into sharing personal data. Now the criminals are focusing their schemes on company payroll departments," said IRS Commissioner John Koskinen. "If your CEO appears to be emailing you for a list of company employees, check it out before you respond. Everyone has a responsibility to remain diligent about confirming the identity of people requesting personal information about employees."

IRS Criminal Investigation already is reviewing several cases in which people have been tricked into sharing SSNs with what turned out to be cybercriminals. Criminals using personal information stolen elsewhere seek to monetize data, including by filing fraudulent tax returns for refunds.

This phishing variation is known as a "spoofing" email. It will contain, for example, the actual name of the company chief executive officer. In this variation, the "CEO" sends an email to a company payroll office employee and requests a list of employees and information including SSNs.

The following are some of the details contained in the e-mails:

  • Kindly send me the individual 2015 W-2 (PDF) and earnings summary of all W-2 of our company staff for a quick review

  • Can you send me the updated list of employees with full details (Name, Social Security Number, Date of Birth, Home Address, Salary) as at 2/2/2016.

  • I want you to send me the list of W-2 copy of employees wage and tax statement for 2015, I need them in PDF file type, you can send it as an attachment. Kindly prepare the lists and email them to me asap.

The IRS recently renewed a wider consumer alert for e-mail schemes after seeing an approximate 400 percent surge in phishing and malware incidents so far this tax season and other reports of scams targeting others in a wider tax community.

The emails are designed to trick taxpayers into thinking these are official communications from the IRS or others in the tax industry, including tax software companies. The phishing schemes can ask taxpayers about a wide range of topics. E-mails can seek information related to refunds, filing status, confirming personal information, ordering transcripts and verifying PIN information.

The IRS, state tax agencies and tax industry are engaged in a public awareness campaign - Taxes. Security. Together. - to encourage everyone to do more to protect personal, financial and tax data. See IRS.gov/taxessecuritytogether or Publication 4524 for additional steps you can take to protect yourself.  


Solar Power on Landfills: Case Studies and Lessons Learned-Webinar

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Solar Power on Landfills: Case Studies and Lessons Learned

Webinar: Thursday, Mar. 10, 2016, 10:30 AM - 12:00 PM

Closed landfills are often attractive locations for municipal solar projects because of the limited number of alternative uses for these sites. This Climate Smart Communities webinar will provide an overview of the special considerations involved when installing solar power on landfills. Speakers will describe the resources available to support these projects from the US EPANYSERDA, and DEC. Webinar participants will also learn about case studies from the growing number municipalities in New York State who have successfully installed solar power on their landfills and are thereby reducing their carbon footprint.

Our speakers will include Maureen Leddy of NYSERDA's NY-Sun program and Clarkstown Supervisor George Hoehmann who was an integral part of the team that installed a 13-acre, 2.3MW solar field on the Town's landfill.

 CSC Logo

 

Please provide us with your name and community affiliation, either via email or telephone to the Office of Climate Change at climatechange@dec.ny.gov or 518-402-8448. In the event that we cancel or postpone this webinar, respondents will be notified.

To join the webinar on Mar. 10, follow these steps:

  1. First join the online meeting by clicking this link: https://meetny.webex.com/meetny/j.php?MTID=m6714e80059acbc301228a3ea694f1734
  2. Enter your name and email address.
  3. Enter the meeting password: NYSDEC1
  4. Click "Join".
  5. Click "Call Me" in the onscreen "Audio Connection" box and enter your phone number to join the audio portion through your telephone (instead of receiving the audio via your computer speakers). Alternatively, call 1-844-633-8697and enter the meeting ID: 643 209 880, followed by your Attendee ID (which will be displayed on your computer screen in the "Meeting Info" tab). The attendee ID is recommended but not required.

To add this meeting to your calendar program (for example Microsoft Outlook), click this link.

WebEx will automatically setup Meeting Manager for Windows the first time you join a meeting. To save time, you can setup prior to the meeting by clicking this link.

Two days before the webinar, test the computer you plan to use by clicking this link.

For assistance with WebEx, go to https://meetny.webex.com/meetny/mc and click "Support" on the left navigation bar.

IMPORTANT NOTICE: This WebEx service includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By joining this session, you automatically consent to such recordings. If you do not consent to the recording, discuss your concerns with the meeting host prior to the start of the recording or do not join the session. Please note that any such recordings may be subject to discovery in the event of litigation.


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