March 2017 Archives



 How to Report a W-2 Data Theft

Businesses and payroll service providers can now quickly report data losses resulting from a scam fraudsters are using to trick employees into revealing W-2 information. Find out how at Form W2/SSN Data Theft: Information for Businesses and Payroll Service Providers. If notified in time, the IRS can prevent employees from being victimized by identity thieves filing fraudulent returns in their names. 

Separately, the Internal Revenue Service, state tax agencies and the tax industry warned tax professionals to beware of a phishing email scaminvolving IRS e-Services.

A tax professional who experiences any type of data breach should quickly report the incident to the IRS. Tax professionals may contact their local stakeholder liaison. See details at Data Theft Information for Tax Professionals.

Know Your Rights | Immigration | NCLR

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The National Council of La Raza created a know your rights page with information on what to do if ICE comes do your door.

Regardless of their immigration status, all people in the U.S. have certain rights and protections provided by the Constitution. Advocates and the general public can use and share these resources to ensure these rights are asserted and respected.

No importa su estado migratorio, toda persona en los Estados Unidos goza de ciertos derechos y protecciones garantizados por la Constitución. Defensores de los derechos de inmigrantes y el público en general puede utilizar y compartir estos recursos para hacer valer estos derechos.


Watch the NYSBA House of Delegates in action on Saturday, April 1st beginning at 9:30 a.m. by clicking http://www.totalwebcasting.com/view/?id=nysbar and choosing the April meeting.
  
AGENDA
 
9:30 a.m. - Call to order, Pledge of Allegiance, and welcome
 
9:35 a.m. - Approval of minutes of January 27, 2017 meeting
 
9:40 a.m. - Report of Treasurer - Mr. Scott M. Karson
 
9:55 a.m. - Election of Nominating Committee and State Bar Delegates to ABA House of Delegates - Mr. Seymour W. James, Jr.
 
10:05 a.m. - Report re Membership Challenge - Mr. Thomas J. Maroney and Ms. Michelle H. Wildegrube
 
10:20 a.m. - Report of President - Ms. Claire P. Gutekunst
 
10:35 a.m. - Discussion re Special Prosecutors and the role of the Executive
 
11:00 a.m. - Report of NYSBA/WBASNY Domestic Violence Initiative - Ms. Amy E. Schwartz-Wallace
 
11:20 a.m. - Report of Environmental Law Section - Mr. Lawrence P. Schnapf
 
11:35 a.m. - Report of The New York Bar Foundation - Mr. John H. Gross
 
11:45 p.m. - Report of Executive Director - Ms. Pamela M. McDevitt
 
11:55 p.m. - Administrative Items - Ms. Sharon Stern Gerstman
 
12:00 p.m. - New Business
 

Next House of Delegates meeting:
Saturday, June 17, 2017
The Otesaga Hotel, Cooperstown, NY

 
April 1, 2017, starting at 9:30 a.m.


Lawyers suing BuzzFeed for alleged defamation tried using the defendant's clickbait tactics in a motion seeking to keep the case in Miami federal court.

The motion is entitled; "Six ways BuzzFeed has misled the court (number two will amaze you) ... and a picture of a kitten." Law.com has a story (sub req.).





NYSBA | General Practice Section

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Stephanie A. Bugos
Mar 27, 2017 11:53 AM
Stephanie A. Bugos

If you enjoy your members-only access to our Community...keep it! Our Community is as valuable a resource as you make it. It's convenient and informative. Renewing your NYSBA membership by March 31st ensures you'll stay connected, so if you still need to renew, simply go to www.nysba.org/renew. If you've already renewed for 2017...thank you! Not sure or need help? Give our Member Resource Center a call: 518.463.3200 / 800.582.2452.

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GP Section Members in the NYC area -- Save the date! We're excited to announce a networking reception, co-sponsored by the Young Lawyers Section, on April 20th at Top Hops in New York City. It will be a private beer tasting event featuring beers from New York State. Details will follow soon at www.nysba.org/GP.
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Stephanie Bugos
New York State Bar Association
Albany NY
(518) 463-3200 | sbugos@nysba.org

Liberty Defense Project | The State of New York

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In New York, we support the rights of and stand with immigrants faced with deportation so that every New Yorker has access to the full protections afforded under the law.

With the Liberty Defense Project, New York State launches the first-in-the-nation, state-led public-private project to assist immigrants, regardless of status, in obtaining access to legal services and process. Governor Cuomo continues our legacy of protecting the rights and freedoms of all New Yorkers.

The Liberty Defense Project will be administered by the state's Office for New Americans and will be run in partnership with law firms, legal associations, advocacy organizations, major colleges and universities, and bar associations.

Learn more...




Identity Theft Information for Tax Professionals--IRS

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Tax professionals play a critical role in assisting clients, both individuals and businesses, who are victims of tax-related identity theft. This new fact sheet explains what tax-related identity theft is and what to do if it happens to one of your clients.

Separately, the IRS advised senior taxpayers to remain alert to aggressive and threatening phone calls from criminals impersonating IRS agents. The callers claim to be IRS employees but are not.


, New York Law Journal

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A federal appeals court on Friday rejected an attempt to loosen restrictions on private investment in the legal industry, dismissing arguments that ethics rules on so-called "fee splitting" impinge on lawyers' First Amendment rights.

The decision, which affirms a 2015 district court ruling, is a blow to Los Angeles-based personal injury firm Jacoby & Meyers, which has fought a nearly six-year legal battle against the prohibition on non-lawyers investing in law firms and sharing in legal fees. 




The always-popular ABA Techshow closing session, 60 in 60, has taken on several iterations over the years: websites ("60 Sites in 60 Minutes"), general tech tips ("60 Tips in 60 Minutes") and a hodgepodge of things ("60 Tips, Tricks, Gizmos, Gadgets and Sites in 60 Minutes").



Trump budget eliminates Legal Services Corp. funding

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President Donald Trump's 2018 budget eliminates funding for the Legal Services Corp. In his first budget proposal released Thursday, Trump is cutting discretionary spending to pay for an increase in defense spending and the wall on the Mexican border, the Washington Post reports. 

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Fujitsu ScanSnap iX500 Desktop Document Scanner Review (2017 Update)

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By Sam Glover on March 9th, 2017

The Fujitsu ScanSnap iX500 is a bit over four years old, which means people are starting to wonder if they should still buy one. My answer is yes, although it's likely Fujitsu will update the iX500 soon.1

Since the iX500 was released, Fujitsu added wireless scanning, then ScanSnap Cloud, and I have updated this review for 2017, including information about the various ways you can scan with those options.

The bottom line: the ScanSnap iX500 has gotten better over time, and it remains an excellent value. If you need a document scanner, this is still the one you should get, and it remains at the top of our top picks for scanners

Here's why...



Hawaii travel ban ruling

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A federal judge in Hawaii placed a temporary restraining order on Trump's new travel ban


Hawaii travel ban ruling by M Mali on Scribd

Contact: 
Sophia
Cope
Staff Attorney
Adam
Schwartz
Senior Staff Attorney

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"The border is not a Constitution-free zone, but sometimes the rules are less protective of travelers and some border agents can be aggressive," said EFF Senior Staff Attorney Adam Schwartz. "That can put unprepared travelers in a no-win dilemma at the U.S. border. We need clearer legal protections for everyone, but in the meantime, our report and pocket guides aim to put more power back into the hands of travelers."

For "Digital Privacy at the U.S. Border":
https://www.eff.org/wp/digital-privacy-us-border-2017

For EFF's pocket guide:
https://www.eff.org/document/eff-border-search-pocket-guide

For EFF's summary of your constitutional rights:
https://www.eff.org/document/digital-privacy-us-border

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Read more...






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After a few days of research on the App Store that led me to testing (again) a variety of note-taking apps, I've settled on Notability - at least for now. This app has been around a long time, and it met my requirements for a smart notebook that can embed multiple data types on individual pages. Notability lets you handwrite text with a Pencil, type text boxes with the keyboard, draw lines of varying thickness and colors, and even cut and paste entire blocks of content between pages. I'm still open to ideas for other Pencil-based note-taking apps to try on the iPad Pro, but, compared to Noteshelf and GoodNotes (two popular contenders), I prefer the ink engine1 and palm rejection of Notability.

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New IRS Discharge of Estate Tax Lien Procedure | Law.com

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BY 

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If a decedent's gross estate is below the filing threshold (currently $5.45 million), no Discharge is necessary. In those cases where a title company requires a Discharge to close an estate sale, the IRS will issue a Letter (Letter 1352) stating that no estate tax is due and the estate is not subject to a lien. The executors simply file Form 4422 in order to obtain this Letter.

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Judges Highlighted for Women's History Month

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The stories of six federal judges, who overcame various obstacles on their paths to the bench, are highlighted as part of the U.S. courts' observance of Women's History Month.

Read more

, The Associated Press

Lynne Feltham Stewart, a New York civil rights lawyer who represented small-time criminals and radicals alike before losing her license to practice law after she was convicted in a terrorism case, has died of cancer three years after her release from prison.

Stewart was 77 when she died Tuesday in the Brooklyn home she shared with her husband, Ralph Poynter. She had long fought breast cancer and recently suffered strokes.

Read more from NYLJ here...




The New York State Department of Environmental Conservation (DEC) proposes to amend the regulations that implement the State Environmental Quality Review Act (SEQR, Title 6 New York Code of Rules and Regulations (6 NYCRR), Part 617). The principal purpose of the amendments is to streamline the SEQR process without sacrificing meaningful environmental review.


For Prof. Salkin's analysis and copies of the draft regulations, click here...




Releases of Estate Tax Lien by IRS--New Guidelines Input Sought

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Mar 7, 2017 11:36 AM
Amy E. Jasiewicz

Dear Fellow Dirt Lawyers:

As some of you know, the IRS recently changed its procedure for issuing releases of estate tax lien against real property and cooperative apartments.  They no longer issue the releases of lien before the closing, and now require 100% of the net proceeds to be held in escrow until they are satisfied that certain conditions are met, including whether the sale price reflects the date of death value. This has caused much uncertainty and delay in closing estate sale transactions.

ACTEC (American College of Trusts and Estates Counsel) has been working with the IRS to ameliorate the problem. The IRS is receptive to developing new guidelines. They would like to hear reports of dealings with the IRS on lien releases since the end of January. If you have a horror story, please let me know so that I can pass it along to the representatives of ACTEC who are working on this.

Thank you,

Mindy H. Stern

Chair

NYSBA Real Property Law Section



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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200


Plaintiffs filed suit challenging New York City's "Sourcing Law," which requires that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA), 7 U.S.C. 2131 et seq. Plaintiffs also challenged the "Spay/Neuter Law," which requires that pet shops sterilize each animal before releasing it to a consumer. 


Read more...


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53 Companies Back Transgender Teen in SCOTUS Fight | Law.com

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BY 

Major technology companies and other businesses, warning of the negative business consequences of a U.S. Supreme Court ruling against a transgender boy's sex discrimination claim, on Thursday stepped into a simmering controversy that pits them against the Trump administration.




BY DEBRA CASSENS WEISS for ABA Journal


U.S. Supreme Court clerk Scott Harris has informed three groups that the caption on their amicus briefs should refer to a transgender teen with a masculine pronoun.

Harris told the groups that their reference to Gavin Grimm on the cover of their briefs violated Rule 34 of the Rules of the Supreme Court, Slate reports in a story noted by Above the Law.

Read more...



What is Dropbox Plus? - Dropbox Help - Dropbox

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As of March 2, 2017, Dropbox Pro is being renamed "Dropbox Plus." Other than the name change there are no changes to the plan or its pricing.

If you're a Dropbox Pro user, you'll begin to see this name change in March, 2017. And you will only see this name from Dropbox in the future.

Read more...



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