New York

Surviving and Thriving in the Midst of a Recession

Posted on January 06, 2009
This week's Daily Record column is entitled "Surviving and Thriving in the Midst of a Recession." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Surviving and Thriving in the Midst of a RecessionI?ve said it before and I?ll say it again: The times they are a-changin? and lawyers aren?t immune from the global economic restructuring now underway...

The New York Legal Blog Round Up

Posted on January 05, 2009
It's the first Monday of 2009-and time for the weekly round up of interesting posts from my fellow New York law bloggers:New York Attorney Malpractice Blog: Closely Held Corporations, Retainers and Legal Malpractice New York Civil Law: New York Court of Appeals Will Address Whether Manufacturers Have a Continuing Duty to Retrofit or Recall Products New York Court Watcher: New York Court of Appeals: This List, Past Lists, the Guv, the AG, and the Selection System (Part 4: The Guv's Selecting a Great Chief JUDGE) New York Court of Appeals: This List, Past Lists, the Guv, the AG, and the...

Define That Term #207

Posted on January 04, 2009
The most recent term was irresistible impulse test, which is defined as:A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong. No one guessed this time around...

Happy New Year!

Posted on December 31, 2008
See you next year! In the meantime, from me to you-Happy New Year! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog.typepad.com , to read the entire post)

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The Future is Now

Posted on December 30, 2008
This week's Daily Record column is entitled "The Future is Now." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The future is now It's time for the legal profession to pull its collective head out of the sand when it comes to technology, the Internet and Web 2...

The New York Legal Blog Round Up

Posted on December 29, 2008
It's time for the post-holiday round up of interesting posts from my fellow New York law bloggers:Coverage Counsel: A Serious Rant About the Permanent Consequential and Significant Limitation "Serious Injury" Threshold Categories New York Attorney Malpractice Blog:Are Attorney Fees Recoverable in Legal Malpractice? New York Civil Law: Top Five Surprises and Disappointments Impacting New York Law in 2008 New York Public Personnel Law: Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacher Rochester Family Lawyer: Opt-Out Agreements and the Scope of the Child Support Standards Act Second Opinions:Aggravated Felony...

Happy Holidays!

Posted on December 24, 2008
Sui Generis will be on a brief hiatus until the weekend. In the meantime-Happy Holidays! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog...

The state of New York

Posted on December 23, 2008
This week's Daily Record column is entitled "The state of New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The state of New York?It couldn?t have happened anywhere but in little old New York...

The New York Legal Blog Round Up

Posted on December 22, 2008
It's a cold, snowy Monday here in Rochester, and time for the weekly round up posts from my fellow New York blawgers:New York Civil Law: New York Court of Appeals Recently Addresses Cigarette Liability New York Public Personnel Law Blog: Police chief captain wins judgment in officers' suit over...

Define That Term #206

Posted on December 21, 2008
Last week's term was words of procreation, which is defined as: Language used to leave property to a person and his or her descendants, which typically take the form "to A, and the heirs of his body," where A is the person receiving the property.No one guessed this time around...

Crime Time Sentencing Software

Posted on December 18, 2008
A few days ago, a downstate attorney clicked on the "Chat with me" badge to the left and attempted to ask me about the "Crime Time" sentencing program I'd posted about previously.Unfortunately, I had just installed an add-on to Firefox that interfered with the Google chat module, and I wasn't able...

The New York Legal News Round Up

Posted on December 17, 2008
It's the middle of the week and time for the weekly round up of law-related legal news headlines: Dreier Law Firm Files for Bankruptcy After Founder Arrested (Bloomberg.com) NY's top court rejects product liability claim over regular versus 'light' cigarettes (AP) NY Law School sues investment...

The Legal Profession and the Recession

Posted on December 16, 2008
This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The Legal Profession and the Recession?It isn?t so much that hard times are coming; the change observed is mostly...

The New York Legal Blog Round Up

Posted on December 15, 2008
It's a dreary Monday here in Rochester and time for the weekly round up of posts from my fellow New York blawgers:New York Civil Law: New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation New York Criminal Defense Blog: Second Circuit Recognizes Importance of Defendants' Right To Examine Prosecution Witness's Racism Rape Conviction Overturned for Lack of Specificity New York Personal Injury Law Blog: Will Dreier Partners Be Liable for Stolen Money? Rochester Family Lawyer: Divorce, Immigrant Spouse, Maintenance and Affidavit of Support Second Opinions: No New Hearing...

Define That Term #205

Posted on December 14, 2008
Last week's term was homestead declaration, which is defined as:A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to...

The New York Legal News Round Up

Posted on December 10, 2008
It's time for the weekly round up of New York law-related new headlines: Partner in N.Y. law firm charged with fraud(CNNMoney.com) Buffalo law clerk spared jail for driving prostitute (Syracuse.com) 2nd Circuit Approves Sentencing Bump for Urban Weapons Trafficking (Law...

Fear and Liberty Must Co-exist

Posted on December 09, 2008
This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Fear and Liberty Must Co-exist?[F]ear cannot?allow?the evisceration of the bedrock principle of our Constitution...

The New York Legal Blog Round Up

Posted on December 08, 2008
It's a ridiculously cold Monday here in Rochester, but nevertheless time for the weekly round up of interesting posts from my fellow New York law bloggers.And, let me reiterate that I do my best to include posts of interest to my readers-New York lawyers...

Define That Term #204

Posted on December 07, 2008
The most recent term was the doctrine of legislative equivalency, which is defined as:A position in the public service created by a legislative act can only be abolished by a correlative legislative act (Matter of Torre v. County of Nassau, 86 NY2d 42)...

New York Legal News Round Up

Posted on December 03, 2008
It's time, once again, for the weekly round up of interesting law-related news headlines from the past week: Paterson asks Cuomo to look into judicial nominations(Times Union) N.Y. High Court Finds More Data Needed in Fee Dispute (Law.com) N.Y. Federal Judge Finds Cigar Maker Entitled to Relief...

Sometimes You Have to Laugh at the Law

Posted on December 02, 2008
This week's Daily Record column is entitled "Sometimes you have to laugh at the law" A pdf of the article can be found here and my past Daily Record articles can be accessed here. *****Sometimes you have to laugh at the lawI hope you enjoyed the Thanksgiving holiday; now I offer you the following...

The New York Legal Blog Round Up

Posted on December 01, 2008
It's time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Second Department Grants Dismissal of Punitive Damages and Infliction of Emotional Distress Causes of Action Against Insurer New York Attorney Malpractice Blog:Appellate Legal Malpractice New York...

The New York Legal News Round Up

Posted on November 26, 2008
It's the Thanksgiving eve round up of interesting news headlines from the past week: NY county nixes same-sex marriage challenge (Syracuse.com) Federal Judge Penalizes Broker Over 'Egregious' Conduct (Law.com) Judge Rules That Suspects Cannot Be Detained Because of Ethnicity (NY Times) DNA clears...

Can Lawyers Afford to Ignore Social Media?

Posted on November 25, 2008
This week's Daily Record column is entitled "Can Lawyers Afford to Ignore Social Media?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Can Lawyers Afford to Ignore Social Media?Social media is radically altering our world...

The New York Legal Blog Round Up

Posted on November 24, 2008
It's almost T-day, and it's time for the weekly round up of interesting posts from my fellow New York law bloggers:Juz the Fax: Illegal Aliens May Recover Unpaid Wages New York Attorney Malpractice Blog:Legal Malpractice and the Criminal Plaintiff New York Criminal Defense: When Can A One On One...

Define That Term #303

Posted on November 23, 2008
The most recent term was secondary meaning, which is defined as:In trademark law, a mark that is not inherently distinctive becomes protected after developing a "secondary meaning": great public recognition through long use and exposure in the marketplace...

The New York Legal News Round Up

Posted on November 19, 2008
It's a snowy Wednesday and time for the round up of interesting legal news headlines from the past week: Top NY Court Blinks in 'First Department' WPP Discrimination Power Play (Marketwatch) Judge raises stakes in Apple vs IBM exec case (Tech.blorge) Justin Timberlake Sued By Restaurant Staff Over...

Religious liberty for some, not all

Posted on November 18, 2008
This week's Daily Record column is entitled "Religious liberty for some, not all." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Religious liberty for some, not all ?Hypocrisy is oftenest clothed in the garb of religion...

The New York Legal Blog Round Up

Posted on November 17, 2008
It's a cold, seasonal Monday and time for the weekly round up of posts from my fellow New York blawgers:Coverage Counsel: Negligently Opening Car Door Found to Fall Within Meaning of "Auto Accident" New York Attorney Malpractice Blog: Legal Malpractice Case against a Dead Attorney New York Personal...

Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. V

Posted on November 13, 2008
Next up, questions from the audience and corresponding answers: Unknown re: whether NY Court of Appeals will permit electronic filing Per Judge Jones--inescapable fact of life that entire legal community moving towards electronic filing, technological advancements--but how quickly we'll get there...

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