January 2019 Archives

No Country For Old Lawyers: Rural U.S. Faces A Legal Desert - Law360

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By Jack Karp

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Although about 20 percent of Americans live in rural areas, only 2 percent of lawyers practice there, according to research by Lisa Pruitt, the Martin Luther King Jr. Professor of Law at University of California, Davis School of Law.

"Basically, the rural profession is in most places aging really quickly, and young lawyers are, by and large, not interested in going to replace them," Pruitt says.

Faced with that trend, bar associations, law schools and others have begun experimenting with programs aimed at luring young attorneys to the heartland and making it more financially feasible for them, including through loan forgiveness, to set up shop in communities where residents' options for filing a lawsuit or even drawing up a will might otherwise be painfully slim.

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Roger Stone, a longtime ally to Donald Trump, has been charged in Washington federal district court with obstruction, false statements and witness tampering amid the Special Counsel's Russia investigation.

Stone was arrested Friday in Florida and is set to make his initial court appearance in Fort Lauderdale this morning before U.S. Magistrate Judge Lurana Snow.

The special counsel's office on Friday unsealed an indictment containing seven counts: one count of obstruction of an official proceeding, five counts of false statements, and one count of witness tampering.

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State lawmakers in New York moved on Tuesday to implement new safeguards that will guarantee women can choose to have an abortion in case the landmark U.S. Supreme Court decision Roe v. Wade is overturned by a more conservative high court.

The New York State Senate and Assembly both passed what's called the Reproductive Health Act, a bill long advocated for by Democrats in the Legislature that moves abortion from the state's penal code to the public health law and expands abortion protections to women in the later stages of pregnancy.

The bill was signed by Gov. Andrew Cuomo within an hour of it passing both chambers, an action typically reserved for legislation of great importance or urgency to lawmakers. Cuomo attacked Republicans in federal government during a speech before signing the legislation.

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By Heather Murphy

With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse.

BENSALEM, Pa. -- They call it the "magic box." Its trick is speedy, nearly automated processing of DNA.

"It's groundbreaking to have it in the police department," said Detective Glenn Vandegrift of the Bensalem Police Department. "If we can do it, any department in the country can do it."

Bensalem, a suburb in Bucks County, near Philadelphia, is on the leading edge of a revolution in how crimes are solved. For years, when police wanted to learn whether a suspect's DNA matched previously collected crime-scene DNA, they sent a sample to an outside lab, then waited a month or more for results. 

But in early 2017, the police booking station in Bensalem became the first in the country to install a Rapid DNA machine, which provides results in 90 minutes, and which police can operate themselves. Since then, a growing number of law enforcement agencies across the country -- in Houston, Utah, Delaware -- have begun operating similar machines and analyzing DNA on their own.


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Thomas Brewster

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 Declaring that "technology is outpacing the law," the judge wrote that fingerprints and face scans were not the same as "physical evidence" when considered in a context where those body features would be used to unlock a phone.

"If a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one's finger, thumb, iris, face, or other biometric feature to unlock that same device," the judge wrote.

"The undersigned finds that a biometric feature is analogous to the 20 nonverbal, physiological responses elicited during a polygraph test, which are used to determine guilt or innocence, and are considered testimonial."

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By Eddie Small |

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The decision concluded that Rakower "erred in annulling the remainder" of the DFS regulations, but it voided two of the rules: the 200 percent cap on out-of-pocket costs for "certain ancillary searches" that insurance companies conduct and the restrictions on payments to closers. Closers rely on gratuities for most of their income.

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By Andrew Denney 



By Andrew Denney 

Chief Judge Janet DiFiore has amended her code of ethics for non-judicial employees of the  state court system to add gender identity and expression as protected classes.

DiFiore said in a public notice entered into the state register that the change, an amendment to the Rules of the Chief Judge, was made in consultation with the Administrative Board of the Courts and with the approval of the Court of Appeals.

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How to make your old iPhone last longer | Cult of Mac

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BY  

The iPhone is a great investment, then (for you, if not for share traders) but you can make it last a lot longer. Try these tips to make your iPhone last you for years.

Iowa's 'ag-gag' law violates First Amendment, federal judge rules

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BY DEBRA CASSENS WEISS

A federal judge on Wednesday struck down an Iowa law that makes it a crime to obtain access to an agricultural production facility under false pretenses.

U.S. District Judge James Gritzner of Des Moines said the "ag-gag" law violates the First Amendment, report Courthouse News Service, the Associated Press and the Des Moines Register. A press release from the American Civil Liberties Union of Iowa is here.


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How to redact a PDF and protect your clients

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BY JASON TASHEA


In a technical oversight, lawyers for former Trump campaign chair Paul Manafort failed to redact a recent filing correctly, making previously confidential information public.

10 must-have apps for your new Apple Watch | Macworld

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The Apple Watch is great right out of the box, but you'll want to add a few apps to really make it sing. Apple's wearable is a true marvel, especially the Series 4, but you'll never know just how useful it can be if you don't expand your horizons a bit.

When we think about the Apple Watch apps we just can't live without, these are at the top of the list. Some are free, some are not, but every single one is worth your while.

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C. Bruce Lawrence

Thursday, January 17th is the Senior Lawyers Section's day at the NY Hilton Midtown, 1335 Avenue of the Americas. I wanted to communicate what our plans are for the day.

  • We will start our day with a continental breakfast at 8:30 at the Gramercy East room on the second floor of the hotel.
  • Then at 9:00 Judge Lippman will be presenting the Lippman Pro Bono Award to two honorees.
  • After a short break at around 9:50 we will hold our Section's Annual Meeting with election of officers.
  • At around 10:00 our Program a on Senior Lawyers in Transition will begin. This is not a CLE and there is no cost to attend, more about the program below.
  • These 4 activities require that you be registered in attendance at the Annual Meeting. You can do that on the NYSBA website or on the 2nd floor of the hotel.

I'm inviting you to attend this symposium (a "Gathering") to discuss our programing to assist Senior Lawyers in Transition from10 AM until noon. Over the past nine months, the Senior Lawyer Section has been developing a Meeting of the Minds series of initiatives that include regional meetings (Gatherings) to bring together like-minded individuals to serve as a resource, a source of encouragement and a sounding board of peers in a safe, neutral place to relax, talk and learn. These gatherings have been designed to bring together senior lawyers looking to explore business opportunities and retirement options with younger lawyers and law students looking to gain a foothold in the profession.

            Partnering with both the Young Lawyers Section and the General Practice Section, we held our first regional Gathering with the Monroe County Bar Association in Rochester in October 2018. We brought senior lawyers together with young lawyers, and for many in attendance this was their first opportunity to talk with contemporaries about transitioning. 
           

At the Gathering at the Annual Meeting on January 17th we are inviting speakers, including bar leaders, bar executives, those involved in Lawyers Concerned for Lawyers, and other key section and committee leaders who may share this same interest.  We are hoping to involve the Courts, the law school community, and health care providers who share our concerns about the aging legal workforce and the future of the profession.

            The "Gathering" will include a round table discussion to explore how the Section can join with all co-sponsoring entities including: local bar associations, Young Lawyers Section, and the General Practice Section to come together in new ways to help senior lawyers, as well as younger lawyers who are entering the profession. We want this to be a dialogue.



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C. Bruce Lawrence Esq.
Chair, Senior Lawyers Section
Boylan Code LLP
Rochester NY
(585) 232-5300 x256
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General Order #48--NDNY

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Please be advised that the Court has issued General Order #48 In Re: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding.  All civil cases (other than civil forfeiture cases) in which the United States Attorney's Office for the Northern District of New York has appeared as counsel for the United States, its agencies, and/or its employees are hereby stayed until the business day after the President signs into law a budget appropriation that restores Department of Justice funding. 

Full text of General Order #48 can be found here:

https://www.nynd.uscourts.gov/sites/nynd/files/general-ordes/GO%2048_0.pdf

Thank you,

John M. Domurad
Clerk of Court

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