New York

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

Posted on November 13, 2008
Next up, Hon. Theodore T. Jones: It is an unfortunate fact of life that you must practice law defensively in the current day. Judge Jones personally looks at all leave applications. Places them in piles--meritless and potentially meritorious. Disagrees with assertion that if application sits around...

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

Posted on November 13, 2008
Next up, the Hon. Eugene Pigott, such a great speaker/presenter--main points: Best advice to defense counsel-win early, so need to appeal;) Begin all arguments with "Judge you're out of order, this whole court's out of order!" ;) Timely preservation--important, but does it assist your opponent in...

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

Posted on November 13, 2008
Next up, Wendy Lehmann-points of interest on topic of "how to respond to an application for leave to appeal to the NY Court of Appeals: Primary role of NY Court of Appeals is not to correct error, but to see it in larger policy perspective If appeal from an order of affirmance of the intermediate...

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

Posted on November 13, 2008
Brian Shiffrin is the first presenter. Points of interest: The NY Court of Appeals is not a court of error Address issues of reviewability and preservation in your lead brief rather than waiting for opposing counsel to raise them Re: federal issues--ask that they be reviewed pursuant to US Supreme...

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Live Blogging at NY Court of Appeals Criminal Justice CLE

Posted on November 13, 2008
I'm at a Monroe County Bar Association seminar "The Court of Appeals Comes to the 3rd Annual Criminal Justice Forum". The Guest Speakers are Hon. Theodore T. Jones and Hon. Eugene F. Pigott, Jr., Associate Judges of the NYS Court of Appeals.The moderator is acclaimed local criminal defense attorney...

The New York Legal News Round Up

Posted on November 12, 2008
It's Wednesday, Wednesday, Wednesday-and time for the round up of interesting New York law-related headlines from the past week: 2nd Circuit: Plaintiffs in Credit Card Antitrust Case Cannot Be Compelled to Arbitrate (Law.com) NY Judge: Papermaster Must Stay True To Big Blue, Apple Job In Limbo...

Rochester Needs a Law School

Posted on November 11, 2008
This week's Daily Record column is entitled "Rochester Needs a Law School." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Rochester Needs a Law SchoolWithin the last year, officials at both SUNY Binghamton and St...

The New York Legal Blog Round Up

Posted on November 10, 2008
It's Monday and time for the weekly round up of posts from my fellow New York blawgers: Coverage Counsel: Help Wanted: Associate Attorney for Long Island Office New York Attorney Malpractice: CPLR 321 and a Very Long Statute of Limitations in Legal Malpractice New York Federal Criminal Practice:...

Define That Term #302

Posted on November 09, 2008
Last week's term was doctrine of equivalents, which is defined as:A patent rule under which a new device or process violates an existing patent if the new invention does the same work in a substantially similar way to achieve the same results. No one guessed this time around...

Online Will Websites, Part II

Posted on November 07, 2008
Thanks to all for some great comments. Over the weekend, I saw a commercial on TV for a legal document drafting website and software, that was endorsed by a well-known attorney, but one who is not licensed in New York (according to the attorney directory at nycourts...

The New York Legal News Round Up

Posted on November 05, 2008
It's the day after an historic day for this country, and time for the weekly round up of interesting New York law-related news headlines: Do Law Firms Still Aspire to a New York Presence? (NY Law Journal) 2d Circuit reinstates Bhopal water pollution case (Reuters) NYAG Cuomo warns nine banks about...

Twitter 101 for Lawyers

Posted on November 04, 2008
This week's Daily Record column is entitled "Twitter 101 for Lawyers." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Twitter 101 for LawyersWhile I?ve often repeated my recommendation that lawyers ought to take advantage of the networking and...

The New York Legal Blog Round Up

Posted on November 03, 2008
It's the first Monday in November, and time for the weekly round up of posts from my fellow New York law bloggers:theCPLRblog: CPLR R. 2106, CPLR R. 411 New York Attorney Malpractice Blog: Privity and Dismissal in Legal Malpractice New York Criminal Defense: What Must Be Shown For A Defendant To Be...

Define That Term #301

Posted on November 02, 2008
Last week's term was dedimus potestatum, which is defined as:An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that testimony might otherwise be lost. For example, a party to a lawsuit might use the procedure to obtain the...

The New York Legal News Round Up

Posted on October 30, 2008
It's the weekly round up of New York law-related headlines--a day late since I've been unbelievably busy trying to recover from the "invasion of the stomach bug." Somehow I dodged the bullet, but everyone else in my household succumbed. I've spent the last few days trying to catch up and completely...

Promote Your Practice Through Social Media

Posted on October 28, 2008
This week's Daily Record column is entitled "Promote Your Practice Through Social Media." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******Promote Your Practice Through Social MediaOnline identities are becoming increasingly important in the Web...

The New York Legal Blog Round Up

Posted on October 27, 2008
The weekend is over and the work week has now begun. You know what that means--it's time for the weekly round up of posts of New York law-related posts from my fellow New York law bloggers.And, without further ado:New York Attorney Malpractice Blog: Plaintiff Loses Both Ends of A Legal Malpractice...

Define That Term #300

Posted on October 26, 2008
Last weeks term was golden rule argument, which is defined as:During a jury trial, an attempt to persuade the jurors to put themselves in the place of the victim or the injured person and deliver the verdict that they would wish to receive if they were in that person's position...

The Curious Phenomenon of the e-Will

Posted on October 23, 2008
A new client was recently referred to me by a colleague. The client had gone online and prepared her own Will, and my colleague was concerned that it might not be valid. I reviewed the client?s draft Will, and although it was awkwardly written and contained provisions that probably did not need to...

The New York Legal News Round Up

Posted on October 22, 2008
It's time for the round up of New York law-related headlines from the past week: 2nd Circuit Rejects Bid to Erase Trial Judge's Sanctions (Law.com) Big-Firm Salary Costs Husband Interim Attorney Fees in Divorce Case (Law.com) Trooper killer Ralph ?Bucky? Phillips appealing convictions in New York...

Criminalizing the Victims

Posted on October 21, 2008
This week's Daily Record column is entitled "Criminalizing the Victims." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Criminalizing the Victims The Appellate Division, Fourth Department on Oct. 10 declared that the City of Rochester?s youth...

The New York Legal Blog Round Up

Posted on October 20, 2008
It's time for the weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel Notice to Broker Is Not Notice to Liability Insurer -- Delayed Notice of More than 7 Months Found Unreasonable as a Matter of Law New York Civil Law: New York Court of Appeals Addresses...

Define That Term #299

Posted on October 19, 2008
Last week's term was habeas corpus ad subjiciendum which is defined as:Latin for "You have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ,...

The New York Legal News Round Up

Posted on October 15, 2008
It's time for the round up of New York law-related headlines from the past week: $6.5 Mil for Mastectomy Nightmare (NY Post) Law cracks down on attorneys (The Business Review) Jury: $10.7M for NYC woman in wait for brain scan (Yahoo News) 3rd climber of NY Times building pleads not guilty (Yahoo...

The New York Legal Blog Round Up

Posted on October 14, 2008
Due to the Columbus Day holiday, it's now time for the belated round up of posts from my fellow New York blawgers: Juz the Fax: More on New York's WARN Act New York Attorney Malpractice Blog: Legal Malpractice in the Hamptons New York Civil Law: New York Court of Appeals Addresses Certified...

Define That Term #298

Posted on October 13, 2008
Last week's term was ipse dixit, which is defined as:Latin for "he himself said it." The term labels something that is asserted but unproved.Kathleen's guess was awfully close. Today's term is: habeas corpus ad subjiciendum. As always, educated guesses are welcome; dictionaries are not...

New York Court of Appeals Leave Question of Fact to the Jury

Posted on October 10, 2008
The title of this post might seem to state the obvious, but in my experience, trial level and appellate courts seem all too eager to conclude that summary judgment is appropriate even where arguable issues of fact exist. In Frutchey v Felicita 2008 NY Slip Op 06745, however, the New York Court of...

The New York Legal News Round Up

Posted on October 08, 2008
It's time for the weekly round up of New York law-related news headlines: No Free Speech Violation Found in School's Hiding of Child's Jesus Image (Law.com) Wachovia Regulators Push Citigroup, Wells to Settle (Bloomberg.com) NY man apologizes for offensive costume (am New York) Judge Finds 'Project Runway' Did Not Violate Copyright (Law...

Technology, social media and the Penal Code.

Posted on October 07, 2008
This week's Daily Record column is entitled "Technology, social media and the Penal Code." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Technology, social media and the Penal Code. While working on the annual update for the West criminal law...

The New York Legal Blog Round Up

Posted on October 06, 2008
Finally, a New York blawg round up. It's been a while, and for that, I apologize! Coverage Counsel: Read Your Policy or Be Deemed to Have Presumptive Knowledge of its Terms New York Attorney Malpractice Blog: Is the Failure to Investigate Legal Malpractice? New York Federal Criminal Practice:...

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