October 2018 Archives

You Failed the Bar Exam. Now What? | New York Law Journal

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By Karen Sloan 

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Bar exam results are coming in across the country, and they aren't pretty.

The national average score on the Multistate Bar Exam for July sank to a 34-year low. New York's pass rate dropped five percentage points to a dismal 63 percent. The pass rate in Pennsylvania ticked down from 81 percent to 79 percent. Florida didn't fare any better, seeing its pass rate drop to 67 percent from 71 percent the previous year. All of this means that a lot of law graduates are facing the prospect of retaking the bar.

Read more...from two assistant law school deans, who want to help...




Apple's latest iteration of iOS has reportedly turned the GrayKey hacking device into an expensive doorstop. Law enforcement around the world has taken to using GrayKey to break into locked iPhones but it appears Apple has finally gotten ahead of the device's crafty manufacturers. For now.

Forbes' Thomas Brewster has been on top of the GrayKey saga from the beginning. On Wednesday, he cited sources from the forensic community who've told him that Apple's efforts to keep bad actors and law enforcement from cracking into its users' phones have paid off. According to the report, the $15,000 tool made by a shadowy company called Grayshift is now only capable of performing a "partial extraction" of data. It can pull a few unencrypted files and some metadata that's virtually worthless.


Read more...


Missing Migrants Project

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SOCIAL STUDIES

Each year, thousands of people perish or go missing while trying to migrate to another country, many as refugees or asylum-seekers. The Missing Migrants Project, an effort that began in 2013 by the International Organization for Migration (IOM), "tracks deaths of migrants, including refugees and asylum-seekers, who have gone missing along mixed migration routes worldwide." Here, readers will find the "Latest Global Figures" for migrant deaths as well as detailed breakdowns by regions, with annual and monthly data available going back to 2014. The Migration Flows Europe section leads to an interactive map visualizing the population flows of migrants in Europe. The downloads tab allows readers to download the project's datasets as Excel or CSV files (with IOM's methodology available under the about tab), as well as reports, data briefs, infographics, and other publications. Geographers, social scientists, and concerned readers will likely find the Missing Migrants Project to be informative and illuminating. [JDC]


Copyright © 2017 Internet Scout Research Group - http://scout.wisc.edu



Top 6 Things Clients & Attys Planning for Retirement Must Do

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Retirement Planning 101: The Top Six Things Both Clients and Attorneys Planning for Retirement Must Understand and Do

Wednesday, November 28, 2018 | 9:00 a.m. - 4:00 p.m.

Westchester Marriott | 670 White Plains Road | Tarrytown

6.0 MCLE Credits: 6.0 in Area of Professional Practice

Senior Lawyers Section Member Rate: $150

Additional Information and/or Register Online 

 



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Kathleen Plog
New York State Bar Association
kplog@nysba.org (518) 487-5681
Albany, NY
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The District Attorneys Association of New York and some individual prosecutors filed a complaint against Gov. Andrew Cuomo and the leaders of both state legislative chambers on Wednesday, challenging the constitutionality of a new law that creates a special commission to investigate claims of prosecutorial misconduct.

The complaint, filed in Albany County Supreme Court, alleges that the law violates the separation of powers between the three branches of state government by giving the Legislature and Court of Appeals power over district attorneys, who are executive officials.

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Read more...



Police officers who fatally shot a couple's dogs during a home search weren't entitled to kill the animals just because they were unlicensed, a federal appeals court ruled Monday.

In a 2-1 decision, the 6th U.S. Circuit Court of Appeals at Cincinnati ruled that the couple who owned the dogs could proceed with their Fourth Amendment suit against two of six officers.

The two officers had shot two of the couple's dogs during their search of the home for marijuana. 

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One of the two officers had testified he had previously shot 39 dogs. As of July 2016, he had shot at least 69 animals, the lower court opinion said.


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Read more...

Nicole Black

In the wake of Hurricane Florence, disaster preparedness is on everyone's minds. For lawyers affected by disasters, natural or otherwise, there are unique concerns given the nature of the services that they provide. Statute of limitations and other deadlines must be met despite the weather, as do clients' needs and concerns. The drumbeat of the law stops for no one which is why lawyers need to take steps to ensure that their law office will continue to run smoothly even after a natural disaster hits.

For lawyers who are unsure how to go about doing this, an opinion recently issued by the American Bar Association provides some guidance. In Formal Opinion 482, the ABA Standing Committee on Ethics and Professional Responsibility addressed lawyers' ethical obligations in the face of a disaster and provided advice for lawyers seeking to implement a disaster plan for their law firm.

Read more...


Online Survey| Albany Law School's Rural Law Initiative

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https://albany.az1.qualtrics.com/jfe/form/SV_9HxZiGThwd3XuoR


Albany Law School's Rural Law Initiative has asked for the assistance of the Association of Towns with marketing a survey as they attempt to develop a realistic portrait of rural legal practice in New York.

 

Link to the survey: https://albany.az1.qualtrics.com/jfe/form/SV_9HxZiGThwd3XuoR

 

Thank you for considering our request for your participation.

 

Christopher Anderson

Director of Research and Programming

Association of Towns of the State of New York

150 State Street, Albany, New York 12207-1671

Phone (518) 465-7933

https://www.nytowns.org

https://twitter.com/AoTAnderson

 

 

Read more about the survey below

 

The Rural Law Initiative at Albany Law School's Government Law Center, in partnership with UAlbany's Center for Human Services Research, is surveying the 5,258 attorneys registered in 42 rural counties.

 

This project will provide a data-driven, realistic portrait of the state of rural legal practice in New York. The empirical data that will come from this research will have multiple uses for diverse stakeholders, including governments invested in their rural communities, as well as rural lawyers, legal services organizations, and community-based organizations.

 

If you are a practitioner in rural New York, please fill out this survey now, and share it with your local bar association and others within your legal network. The more of us who fill it out, the better the data.

 

Deadline: October 19, 2018. The survey closes in two weeks and this is the final push for submissions. Please make your voice count and help us understand the realities of rural practice.

 

If you have any questions about this survey please be in touch with Taier Perlman, Staff Attorney at the Rural Law Initiative at (518) 445-3263 or tperl@albanylaw.edu




An Apple iPhone X user, suspected of possessing child pornography, was forced by the FBI use facial recognition to unlock their phone.

ForbesEndgadget and CNET all have coverage.

Forbes reports this is the first known case where law enforcement in any country has compelled someone to unlock their phone using Apple Face ID.

On Aug. 10, the FBI searched the Columbus, Ohio, home of Grant Michalski. Using his face, Michalski unlocked his phone at the FBI's request, at which point the agent was able to go through chats, photos and any other accessible material.


Read more...


By: Subhash Viswanathan

On October 1, the New York State Division of Human Rights issued its final model sexual harassment policy and training guidelines to assist employers in complying with the new sexual harassment legislation that will become effective October 9, 2018.  One piece of good news for employers is that the Division's final training guidelines no longer require that employers train all employees by January 1, 2019, as the Division initially proposed.  Instead, according to the FAQs, employers will have until October 9, 2019 -- a full 12 months from the effective date of the legislation -- to complete the training for all employees

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