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Recent Articles from Eric Walter
AG backs bill to crackdown on foreclosure fraud
Proposed legislation backed by New York Attorney General Eric Schneiderman could impose stiffer penalties against those who engage in fraudulent foreclosure practices. The Foreclosure Fraud Prevention Act of 2012, which was introduced into the New York State Assembly on Wednesday, would define residential mortgage foreclosure fraud as a criminal offense carrying fines and jail time. […]
County to consider cyberbullying legislation
The Monroe County Legislature will consider a new law that could authorize fines of up to $1,000 or a year in jail for those found guilty of cyberbullying. The bill, which cleared the legislature’s Agenda/Charter Committee earlier this month, will go before the full legislature at their May 8 meeting. The fact that bullying is […]
High Court could look at website agreements
The question of whether federal prosecutors should have the power to levy criminal charges against users who violate terms of service agreements of computers will likely receive U.S. Supreme Court review. In U.S. v. David Nosal, the U.S. Court of Appeals for the Ninth Circuit ruled last week against a Department of Justice interpretation of […]
Could violators of Internet agreements be criminally liable?
Should federal prosecutors have the power to levy criminal charges against Internet users who violate the terms of service agreements on a given website? That is one of the questions facing the U.S. House of Representatives, which is considering legislation to narrow the reach of current computer security laws. While arguing against Senate-passed legislation that […]
U.S. overhauls patent system
Federal lawmakers gave the U.S. patent system its first major overhaul since 1952 last week, when the U.S. Senate passed the America Invents Act 89 to 9. But will the law, which has already passed the U.S. House of Representatives and will now go to President Barack Obama ...
DEC’s fracking report enters home stretch
A plan to allow the controversial process of high volume hydraulic fracturing, or fracking, to extract natural gas deposits from New York’s Marcellus Shale region moved one step closer to reality this week. The Department of Environmental Conservation ...
RIT business dean to retire
Rochester Institute of Technology’s Saunders College of Business will be seeing a new face in the dean’s office next year; current Saunders head Ashok Rao will be stepping down at the end of the 2011-2012 school year.
ABA working to reform data on law school scholarships
If a proposal now under consideration by the American Bar Association’s Section on Legal Education is enacted, law schools would have to publish the percentage of their students that have had merit scholarships revoked.
Irene delays state report on hydrofracking
The long anticipated final portion of New York State Department of Conservation’s report on hydraulic fracturing for natural gas has been delayed due to Hurricane Irene. Agency officials cited the need to tend to disaster relief and recovery from flooding and fire this week.
Case raises defamation issue for online post
Can anonymous commenters and the websites they post to be sued for defamation? In the case of one local dispute, the answer is no. Monroe County Supreme Court Justice David Barry ruled last month that Democrat & Chronicle parent company Gannett did not have to disclose the identities of several anonymous commenters involved in a […]
Future of immigration law uncertain
Could laws like Alabama’s new legislation restricting illegal immigration complicate how immigration law is practiced in the United States? Yes, say some local experts – but the law’s future remains uncertain.
With HSBC acquisition, First Niagara grows
What does First Niagara Financial Group’s acquisition of 195 branches of HSBC Bank USA across upstate New York and Connecticut mean for the regional banking industry? More competition, according to one local expert, and more opportunities for those who can capitalize on them, said another.
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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