June 2021 Archives


By David K. Li

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The Pennsylvania Supreme Court overturned the sexual assault conviction of Bill Cosby on Wednesday and ordered his release from prison after finding that he was denied protection against self-incrimination.

The court said that a prosecutor's decision not to charge Cosby, 83, opened the door for him to speak freely in a lawsuit against him and that testimony was key in his conviction years later by another prosecutor.


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FDIC: Obtaining a Lien Release

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FDIC may be able to assist you in obtaining a lien release if the request is for a customer of a failed bank that was placed into FDIC Receivership.


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More than 300 city construction sites have been shut down this month because building inspectors found glaring safety violations, the Daily News has learned.

The 322 sites, more than a third of which were in Brooklyn, were shuttered during a massive zero-tolerance safety sweep conducted by the Department of Buildings designed to tamp down on construction deaths in the city.

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Notary Public | Department of State

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Executive Order: Electronic Notarization - EXPIRES JUNE 24, 2021.

IMPORTANT UPDATE: New York's State of Emergency expired on June 24, 2021. The Executive Order authorizing remote notarization is no longer active. Notary publics can no longer perform notary services remotely.
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A New York court on Thursday suspended Rudy Giuliani from practicing law in the state, citing his "false and misleading statements" about the election loss of former President Donald Trump.

The suspension, which takes effect immediately, is a stunning blow to the 77-year-old Giuliani, a former New York mayor who was once a top Justice Department official and U.S. attorney in Manhattan.

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Read full text of decision.

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JURIST EXCLUSIVE - One of the Myanmar law students reporting for JURIST considers the practical circumstances of everyday financial life in Myanmar under the military coup. Formerly straightforward everyday things like going to the bank are becoming increasingly difficult as the country's economic infrastructure grinds to a halt. She explains:

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In 53 years on the bench and nearly a decade as the chief judge of the Eastern District of New York, he was known for his bold jurisprudence and his outsize personality.

Jack B. Weinstein, a legal scholar and famously independent federal judge in Brooklyn who led the legal system into an era of mass tort litigation, changing the way huge classes of people claiming injuries from toxins, pollutants and faulty products could get redress in the courts, died on Tuesday at his home in Great Neck, N.Y. He was 99.

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New York Legislature Passes Library E-book Bill--Publishers' Weekly

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By Andrew Albanese

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New York is now the second state to pass a bill that would ensure public libraries the right to license and lend e-books that are available to consumers in the state.

After votes on successive days this week in the Assembly and the Senate, the bill crossed the finish line just before the June 10 close of the legislative session and is now headed to Governor Andrew Cuomo's desk. If signed, the law would be the second such piece of digital library legislation to pass, following Maryland's.

Like the Maryland legislation, which passed into law on June 1, the New York bills (S2890B in the Senate and A5837B in the Assembly) require "publishers who offer to license e-books to the public" to also offer those e-books to libraries on "reasonable" terms. The bill's summary states that the law is designed to ensure that "widely accepted and effective industry practices remain in place while prohibiting harmful practices that discriminate against libraries and harm library patrons." 


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 IRS sends letters to families who may qualify for monthly Child Tax Credits

The IRS has started sending letters to more than 36 million American families who, based on tax returns filed with the agency, may be eligible to receive monthly Child Tax Credit payments. Families who are eligible for advance Child Tax Credit payments will receive a second, personalized letter listing an estimate of their monthly payment, which begins July 15. Visit IRS.gov for more information and other tools coming soon.

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Model Local Laws to Increase Resilience | NYS Department of State

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Model Local Laws to Increase Resilience--Webinar Recording and Resources

DEC's Hudson River Estuary Program recently hosted a webinar on Model Local Laws to Increase Resilience, featuring Barbara Kendall from NYS Department of State and Mark Lowery from DEC.

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Ethics Opinion 1224 - New York State Bar Association

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When a lawyer is jointly representing two clients as purchasers in a transaction and one of them no longer wishes to proceed, the lawyer cannot continue to represent both clients jointly without violating Rule 1.7. That one of the clients has diminished capacity does not alter this conclusion.

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In response to Covid-19 many states, including New York, implemented temporary orders authorizing remote witnessing and notarization of wills.  In January 2021, in Matter of Ryana Will was admitted to probate in New York under the remote witness and notarization law.

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Predictive policing strategies for children face pushback--NBC NEWS

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By Olivia Solon and Cyrus Farivar

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Pasco County's approach to "intelligence-led" policing, developed over a decade, has drawn particular concern from civil liberties experts because of a data-sharing arrangement with the local school district, which was first reported by Tampa Bay Times. That partnership gave the police access to data relating to students' grades, attendance and behavior as well as any history of abuse or other "adverse childhood experiences."

School records were used to allocate students one of four labels: on track, at risk, off track or critical. Getting a D grade or having a parent or sibling go to prison could be enough to put a child in the "at risk" category, according to Pasco's own 83-page "Intelligence-Led Policing Manual," first obtained by the Tampa Bay Times.

The manual, last updated in January 2018, states that the data-sharing was designed to identify "at-risk youth who are destined to a life of crime" and intervene to "set them on the right path."

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By Philip Hackney, associate professor of law at the University of Pittsburgh School of Law

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Last August, in the middle of the Covid-19 crisis, Trump issued an executive order -- against the advice of tax experts from the right and the left -- directing the secretary of the Treasury to allow all employers to defer withholding on the employee share of social security taxes for employees making less than $4,000 in a biweekly pay period.

What did this mean? It meant that an employer could choose to not withhold the 6.2 percent employee share of taxes due for around nine biweekly pay periods, from September 2020 to this January. That's a potential total deferral of over $2,000 in payroll taxes.

The catch? The executive order did not and could not eliminate the tax, it only deferred it. Generally only Congress has the power to impose or remove taxes.

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WASHINGTON -- The Internal Revenue Service is sending more than 2.8 million refunds this week to taxpayers who paid taxes on unemployment compensation that new legislation now excludes as income.

IRS efforts to correct unemployment compensation overpayments will help most affected taxpayers avoid filing an amended tax return. So far, the IRS has identified 13 million taxpayers that may be eligible for the adjustment. Some will receive refunds, which will be issued periodically, and some will have the overpayment applied to taxes due or other debts. For some there will be no change.

The American Rescue Plan Act of 2021 (ARPA) excluded up to $10,200 in unemployment compensation per taxpayer paid in 2020. The $10,200 is the maximum amount that can be excluded when calculating taxable income; it is not the amount of refunds.

Earlier this month, the IRS began its programming review of tax returns filed prior to the enactment of ARPA to identify the excludible unemployment compensation. The IRS also is making corrections for the Earned Income Tax Credit, Premium Tax Credit and Recovery Rebate Credit affected by the exclusion.

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 Writing for the majority, Associate Justice Amy Coney Barrett said Van Buren, though he flouted departmental policy, did not violate the CFAA by abusing his computer system access.

"This provision [of the CFAA] covers those who obtain information from particular areas in the computer -- such as files, folders, or databases -- to which their computer access does not extend," Associate Justice Barrett wrote. "It does not cover those who, like Van Buren, have improper motives for obtaining information that is otherwise available to them."

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NEW YORK DAILY NEWS

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Celebrity attorney F. Lee Bailey is dead at 87.

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Voting Laws Roundup: May 2021 | Brennan Center for Justice

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Between January 1 and May 14, 2021, at least 14 states enacted 22 new laws that restrict access to the vote. footnote1_r03tmts1 The United States is on track to far exceed its most recent period of significant voter suppression -- 2011. By October of that year, 19 restrictive laws were enacted in 14 states. This year, the country has already reached that level, and it's only May.

More restrictions on the vote are likely to become law, as roughly one-third of legislatures are still in session. Indeed, at least 61 bills with restrictive provisions are moving through 18 state legislatures. More specifically, 31 have passed at least one chamber, while another 30 have had some sort of committee action (e.g., a hearing, an amendment, or a committee vote). Overall, lawmakers have introduced at least 389 restrictive bills in 48 states in the 2021 legislative sessions. footnote2_ihhzmfb2

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This page is an archive of entries from June 2021 listed from newest to oldest.

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