October 2020 Archives

BY DEBRA CASSENS WEISS--ABA JOURNAL

***

Young lawyers are so impacted by student debt that they are making life-changing decisions, such as delaying children and, in some cases, choosing a job because of its higher pay, according to a survey posted online Monday.

More than 75% of those surveyed had at least $100,000 in student loans at graduation, according to the March survey of more than 1,000 newer lawyers and recent law grads. Over half had more than $150,000 in student loans, and one in four had $200,000 or more in student loans.

The average in total loans at law school graduation was about $165,000. More than 95% of the respondents took out loans to attend law school.

***

Read more...



***

But U.S. District Court Judge Lewis Kaplan said in his ruling (full text) Tuesday that the government was wrong on two counts. First, he said, the law applies only to federal employees, defined as officers of federal agencies -- a description that does not include the president, who is in a different legal status.

Second, the judge said, the president's statements about something that happened more than two decades before are not within the scope of his official conduct.

***

Read more...


Parent and Family Digital Learning Guide - Office of Educational Technology

| No Comments


***

USDE's Parent and Family Digital Learning Guide aims to help parents and guardians understand how digital tools can provide tailored learning opportunities, engage students with course materials, encourage creative expression, and enrich the educational experience. The Parent and Family Digital Learning Guide was informed by the feedback and contributions of digital learning experts representing researchers, parents, educators, and school leaders, as well as Digital Promise and Learning Heroes. This publication is the first in a series that will ultimately provide digital learning knowledge and resources to educators and school leaders in addition to parents and students.

 

***

Read more...


People v Hardy (2020 NY Slip Op 05803)

| No Comments


***

The issue before us is whether the lower courts erred in permitting amendment of a clearly erroneous fact contained in the information charging Mr. Hardy with harassment and contempt in the second degree. In People v Easton (307 NY 336 [1954]), we upheld a similar amendment. However, Easton was decided when the Code of Criminal Procedure governed criminal prosecutions. Following several years of study and numerous reports by the Bartlett Commission,[FN1] the legislature replaced the Code of Criminal Procedure with the modern Criminal Procedural [*2]Law (CPL). Relying on Easton, the Appellate Term held that the factual amendment of the clearly erroneous date was permissible. We must now decide whether Easton remains good law following the passage of the Criminal Procedure Law. We conclude the CPL displaced Easton and precluded prosecutors from curing factual errors or deficiencies in informations and misdemeanor complaints via amendment. The CPL requires a superseding accusatory instrument supported by a sworn statement containing the correct factual allegations. Therefore, we reverse.


***
FBI details links amongst Boogaloo Bois...including California police shootings.

***
In the wake of protests following the May 25 killing of George Floyd, a member of the Boogaloo Bois opened fire on the Minneapolis Police Third Precinct with an AK-47-style gun and screamed "Justice for Floyd" as he ran away, according to a federal complaint made public Friday.

***

Click on the "lawsuit" link below to read the Complaint filed.

***

Minnesota Attorney General Keith Ellison announced on Tuesday that his office launched an investigation into a private security company that has been accused of recruiting armed security guards for Election Day, saying that such an effort would intimidate voters.

Atlas Aegis is accused of posting since-deleted advertisements on Facebook for U.S. military Specials Operations personnel to guard polling sites in Minnesota on Election Day, according to a lawsuit filed by the Council on American-Islamic Relations of Minnesota (CAIR) and the League of Women Voters of Minnesota.

Ellison said that voter intimidation is against the law.

Read more...



Register at IRS.gov for Economic Impact Payment | Internal Revenue Service

| No Comments
To help non-filers, IRS sets Nov. 10 as 'National EIP Registration Day;'

***
Nov. 10 is "National EIP Registration Day"

The IRS set Nov. 10 as "National EIP Registration Day," as the agency and partners across the country launch a final push to encourage everyone who doesn't normally file a tax return to register to receive an Economic Impact Payment. "National EIP Registration Day" will take place just a few days ahead of the extended Nov. 21 registration deadline.

This special event will feature support from IRS partner groups inside and outside of the tax community, including those that work with low-income and underserved communities. These groups will help spread the word about the new Nov. 21 deadline and, in some cases, provide special support for people who still need to register for the payments.

"Our partner groups have been a critical part of the unprecedented IRS outreach and education campaign this year to contact as many people as possible about these payments," said IRS Commissioner Chuck Rettig.

***

Read more...


Ethics Opinion 1204 - New York State Bar Association

| No Comments

 May the law firm state "former office of [retired lawyer]" or list "[retired lawyer with dates of practice]" on the letterhead of the third office it purchased?



***
A law firm that has purchased a retired (and now deceased) lawyer's practice may list on the purchasing law firm's letterhead the name and dates of operation of the former law firm.

***
Ali Winston

***

Civil liberties experts say the Strategic Response Group's recent crackdown on ICE protests is the most brutal suppression of protests in decades--and many of its officers are the subject of significant misconduct allegations, including a supervisor with 32 complaints.

***


How ICE Controls Journalists' Access to the Immigration Courts--Documented

| No Comments


***

Immigration courts are open to the public, but respondents and their attorneys choose whether to allow observers into individual hearings. ICE attorneys apply pressure in the courtroom to get reporters expelled.

***

Read more...



BY MICHAEL ZUCKERMAN, JAMIE HWANG AND CONNOR COHEN

***
Writing a professional email is difficult enough. And choosing an appropriate signoff can be daunting, with so many options to choose from: "Thank you" (or just "Thanks"), "Sincerely," "Best," "Regards," "Yours" or nothing at all (as in, "--Jon"). The list goes on.

***

LibreOffice 7.0.2

***
LibreOffice is a powerful and free office suite, a successor to OpenOffice(.org), used by millions of people around the world. Its clean interface and feature-rich tools help you unleash your creativity and enhance your productivity. LibreOffice includes several applications that make it the most versatile Free and Open Source office suite on the market: Writer (word processing), Calc (spreadsheets), Impress (presentations), Draw (vector graphics and flowcharts), Base (databases), and Math (formula editing).

***


***

On Thursday, FCC chairman Ajit Pai declared his intention to clarify a law he may not have the authority to interpret.

Citing concerns about Section 230 of the US Communications Decency Act, which more or less protects online service providers from liability for content created by their users, the boss of America's comms regulator said he plans "to move forward with a rulemaking to clarify" the meaning of the statute.

"Social media companies have a First Amendment right to free speech," Pai opined. "But they do not have a First Amendment right to a special immunity denied to other media outlets, such as newspapers and broadcasters."

***

Read more...


Ethics Opinion 1203 - New York State Bar Association

| No Comments
Topic: Withdrawal from representation based on attorney health concerns

***

Digest: An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear renders it difficult for the attorney to carry out the representation effectively.

Rules: 1.0(w), 1.16(c), (d) & (e)

***

Read entire opinion...


October 8, 2020 | Release Number 20-81
Contact Carol R. Wilkerson at carol.wilkerson@sba.gov or 202-401-3059
***
WASHINGTON--The U.S. Small Business Administration, in consultation with the Treasury Department, today released a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action streamlines the PPP forgiveness process to provide financial and administrative relief to America's smallest businesses while also ensuring sound stewardship of taxpayer dollars.

***

***

Access ICAP's fact sheet on voter intimidation laws, detailing what kinds of conduct could constitute voter intimidation, and what to do if you experience voter intimidation.

***





***

U.S. District Judge Kiyo Matsumoto of the Eastern District of New York on Friday rejected a request from a group of Orthodox Jewish synagogues seeking to block Gov. Andrew Cuomo from limiting religious gatherings to 10 people in some parts of Brooklyn and Queens under a new set of color-coded public health restrictions aimed at combating COVID-19 clusters.

Matsumoto found that the state was restricting gatherings in the interest of public health without "religious animus or targeting."

***

Read more...


A Pandemic Halloween: No Tricks, No Treats? - FindLaw

| No Comments
By Ashley Ravid 

***

Back in April, one thought on many people's minds was whether the coronavirus pandemic would abate in time to celebrate Easter with loved ones. Oh, how innocent we were.

Now with October approaching and domestic COVID-19 case numbers still rising, the latest holiday celebration to be called into question is Halloween -- will people still be able to celebrate, or will they face legal consequences for doing so?

***

Read more...


Trump loses on tax subpoena, another legal setback--NBC News

| No Comments
By Pete Williams and Tom Winter

***

A federal appeals court declined Wednesday to block a subpoena from a New York grand jury for several years' worth of President Donald Trump's tax records, a further legal setback in his efforts to keep his returns out of the hands of state prosecutors.

A three-judge panel of the Second Circuit Court of Appeals denied an effort by Trump's lawyers to have the subpoena tossed out on the grounds that it was too broad or was politically motivated and issued in bad faith.

"The President's allegations of bad faith fail to raise a plausible inference that the subpoena was issued out of malice or an intent to harass," the court said.

***

Read more...


Judge halts work of Trump police commission after NAACP complaint-USA TODAY

| No Comments
Kevin Johnson
USA TODAY


***
Siding with the NAACP, the judge said the commission's operations are governed by the Federal Advisory Committee Act (FACA), which requires a "fairly balanced" array of viewpoints to be aired in publicly-noticed, open meetings.

The government has argued that the law does not apply to the commission, but on Thursday the court rejected that position.

Until the provisions of the FACA are satisfied, the court ordered that all "commission proceedings be halted and no work product released..."

***

Read more...

By Ryan Tarinelli

***
State officials have reported virus hot spots in areas of downstate New York as some key coronavirus figures reported Friday trended upward to levels not seen in months. But it did not immediately appear that law firm offices were in jeopardy of being closed once again in an effort to curb new infections.

***



***

The Governor just signed Executive Order 202.67 to continue the modification and suspension of laws relating to the disaster emergency.
 
In addition to several other provisions addressing the COVID-19 outbreak, the Executive Order extends the provisions tolling the Statute of Limitations until November 3, 2020.

***

 

Closing a Business | Internal Revenue Service

| No Comments
Redesigned IRS.gov page helps people closing a business

The IRS has launched a redesigned webpage to help business owners navigate federal tax steps when closing a business.

"The IRS realizes small businesses and self-employed individuals are facing challenges in their personal and business lives during these uncertain times," said Eric Hylton, Commissioner, Small Business/Self-Employed Division. "Closing a business is a difficult decision and we want to help ease the burden for people making this tough choice. We redesigned the closing a business page on IRS.gov to help businesses comply with final tax responsibilities."

The information includes what forms to file and how to report revenue received in the final year of business and expenses incurred before closure.

***

Steps to Take to Close Your Business

On this page:

  1. File a Final Return and Related Forms
  2. Take Care of Your Employees
  3. Pay the Tax You Owe
  4. Report Payments to Contract Workers
  5. Cancel Your EIN and Close Your IRS Business Account
  6. Keep Your Records

***

About this Archive

This page is an archive of entries from October 2020 listed from newest to oldest.

September 2020 is the previous archive.

November 2020 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