July 2021 Archives



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Historical Listing of Banks

DFS maintains a historical listing of New York banking institutions - banks and trust companies, savings banks, savings and loans, credit unions, investment companies and foreign banking institutions - that are or were New York State-chartered, as well as most federally chartered institutions that have ever operated in the state of New York.

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A new federal lawsuit (click on link for complaint and exhibits) alleges former New York state trial judge Matthew Rosenbaum subjected his secretary to forced sex acts and other harassment between March 2005 and June 2009. Plaintiff Rebecca Klymn alleges the judge demanded she perform fellatio on him, saying it was part of her job to relieve his stress. According to the complaint, Rosenbaum also vaginally raped Klymn in her home in 2006.

As reported by Bloomberg Law, the complaint, filed in the Western District of New York, also contains other allegations of harassment:

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Corporation and Business Entity Database--Public Inquiry--NYS DOS

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The New York State Dept of State has "updated" its corporate entity searchable database.  There is no guidance on the site as to what it is compatible with.  We will leave it to you to decide if the "update" is an improvement.

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The Corporation and Business Entity Database includes business and not for profit corporations, limited partnerships, limited liability companies, limited liability partnerships, and other miscellaneous businesses. The database also includes assumed name filings for corporations, limited liability companies and limited partnerships.

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The IRS's Child Tax Credit Update Portal allows families to change the bank account where their Child Tax Credit (CTC) payment is deposited, or to stop monthly payments by unenrolling. Families who want to take these steps should do so by Aug. 2 if they want it to apply to the Aug.13 payment. Deadlines for the rest of 2021 are in Topic J of the Advance Child Tax Credit Payment FAQsImportant: For married couples who file jointly, each spouse must unenroll. If only one spouse unenrolls, the couple will still receive half the normal payment. Similarly, if they are changing bank account information, each spouse must make the update so both halves of their payment go to the new account. See the page on IRS.gov for multilingual CTC materials you can share with your clients.

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By Christian Nolan

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It was an honor to have known him.  Bob Ostertag was an indomitable champion of the sole practitioner /small firm lawyer.

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Ostertag Robert

The New York State Bar Association (NYSBA) today is saddened by the loss of longtime Poughkeepsie attorney Robert L. Ostertag, who served as its president from 1991-1992.

"Bob Ostertag was a tremendous leader of our association for decades," said NYSBA President T. Andrew Brown. "He understood better than anyone how bar associations can serve solo and small-firm lawyers. During his presidency, he created a statewide conference, which developed 100 recommendations to help solo and small firm practitioners in New York. He was also the first chair of our General Practice Section.


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A powerful hacking tool called Pegasus, sold to governments around the world by the Israeli surveillance company NSO Group, has been used to spy on journalists, human rights activists, the fiancée of the murdered Saudi journalist Jamal Khashoggi and others, according to a months-long investigation by 17 news organizations, including FRONTLINE.

The investigation of the spyware was coordinated by the journalism nonprofit Forbidden Stories, with technical support from Amnesty International's Security Lab. Forbidden Stories and Amnesty had access to a leak of more than 50,000 records of phone numbers concentrated in countries known to be NSO clients. NSO has disputed the findings of the reporting and said it will investigate all credible claims of misuse and take appropriate action.

FRONTLINE is producing a documentary with Forbidden Stories. We are linking here to major stories from our partner news outlets.

ARISTEGUI NOTICIAS | DARAJ | DIE ZEIT | DIREKT36
FORBIDDEN STORIES | HAARETZ | KNACK | LE MONDE | LE SOIR
OCCRP | PROCESO | RADIO FRANCE | SÜDDEUTSCHE ZEITUNG
THE GUARDIAN | THE WASHINGTON POST | THE WIRE


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Stop Ransomware | CISA

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Ransomware is a form of malware designed to encrypt files on a device, rendering any files and the systems that rely on them unusable. Malicious actors then demand ransom in exchange for decryption. This website is the U.S. Government's official one-stop location for resources to tackle ransomware more effectively.


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BY AMANDA ROBERT

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"In a complex regulatory system where cultivation, distribution, possession, sale and use of a product are tightly regulated, legal advice and guidance has immense value," the opinion said. "Without the aid of lawyers, the recreational marijuana regulatory system would, in our view, likely break down or grind to a halt."

For many of the same reasons the New York State Bar Association said lawyers may provide legal services to recreational marijuana businesses, it concluded that lawyers may accept an equity stake in a client's cannabis business in exchange for legal services, grow lawful quantities of marijuana for personal use at home and use cannabis products recreationally.

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Read full text of ethics opinion...

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BY ENGY ABDELKADER

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In addition, Article VI of the Constitution mentions religion in the spirit of upholding religious conscience. This lesser-known provision, the No Religious Test Clause, prohibits the imposition of ecclesiastical requirements to qualify for public office. In doing so, the Founding Fathers moved away from a long-standing form of religious discrimination prominent in England and the first colonies that barred members of particular faith communities from public service. The U.S. Supreme Court case, Torcaso v. Watkins, decided in 1961, may prove instructive.

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By Lauren Egan

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The payments, which were included in the American Rescue Plan, change an existing tax credit by expanding the eligibility pool and increasing the money families get. Under the expanded credit, the IRS, also for the first time, is offering the option to receive the payments monthly, rather than in a lump sum as a tax refund.

The expanded payments are expected to significantly decrease the number of children living in poverty; the White House estimates that child poverty could be reduced by as much as 50 percent.

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States generally follow the American Bar Association's "model code of judicial conduct," which does not specifically mention social media norms. The association also offers nonbinding guidance from 2013 that says if judges use "proper care" when they opine online, they can avoid compromising their integrity. On the federal level, a planning resource for judicial employees' social media use was devised in 2010 and warned that "nothing is 'private' on the Internet."

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Read more, especially multiple case examples of judges who improperly used social media...





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Watch video report by the NYTimes, "Day of Rage: How Trump Supporters Took the U.S. Capitol."

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The NhRP's 14,000-word brief brings together centuries of case law including landmark common law and civil rights cases, the science of elephant cognition and behavior, the origin of legal rights, judicial rulings from outside the US that have granted rights to nonhuman animals, and ethical arguments against elephant captivity. 

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by 
Professor of Taxation at NYU School of Law. 

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This is no mere fringe benefits case. It is a straight-out fraud case, claiming that the defendants kept double books: phony ones to show the tax authorities, and accurate ones to be hidden from view.

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It is not just a state and local income tax fraud case. It is also - via New York State fraud, conspiracy, and grand larceny statutes - a federal income tax fraud case.

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Child Tax Credit Update Portal | Internal Revenue Service

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Families receiving monthly Child Tax Credit payments can now update their direct deposit information

The IRS upgraded a key online tool enabling families to quickly and easily update their bank account information so they can receive their monthly Child Tax Credit payment. The bank account update feature was added to the Child Tax Credit Update Portal, available only on IRS.gov. Any updates made by Aug. 2 will apply to the Aug. 13 payment and all subsequent monthly payments for the rest of 2021.

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An indictment against the Trump Organization and its chief financial officer was unsealed Thursday in Manhattan, a major step in the Manhattan district attorney's long-running investigation of the former president's business activities in New York.

CFO Allen Weisselberg surrendered Thursday morning at the offices of Manhattan DA Cyrus Vance Jr. and was arraigned early Thursday afternoon. The Trump Organization as an entity was also charged with an array of financial crimes and was represented by its attorneys at the arraignment.

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