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Recent Articles from Eric Walter
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.
Genesee Regional Bank gets fed funds
Genesee Regional Bank is one of 20 community banks across the country to receive part of $253 million in capital through the Treasury Department’s Small Business Lending Fund. Through GRB’s holding company, Greater Rochester Bancorp Inc. ...
ABA tightens law school job-reporting requirements
Law schools will soon be asked to submit more information on the employment status and placement of recent graduates. Last week, the American Bar Association’s Section of Legal Education and Admissions to the Bar adopted the recommendation of its Questionnaire Committee ...
Lawmakers seek to ban mandatory arbitration clauses
Taking aim at a U.S. Supreme Court ruling they say strips workers and consumers of their right to redress against powerful corporations, lawmakers in both houses have reintroduced the Arbitration Fairness Act, which would bar pre-dispute mandatory arbitration clauses in consumer and employment contracts and in civil rights disputes.
Court reporting: Accuracy is essential
In a time of tightened budgets on the municipal, county and state levels, does it make sense to switch from live court reporters to digital or tape recorders in order to save money?
CPA firms prep for mandatory peer reviews
One year out from mandatory statewide peer reviews, many CPAs say they largely approve. Peer reviews are analysis of an accounting firm’s work papers and financial statements to ensure compliance with ...
Uptick in COMIDA projects reported over last year
For the first time in three years, the total number of businesses receiving assistance through Monroe County-sponsored economic development programs rose in 2010.
New standard set for damages in patent cases
A rule that lawyers and judges in New York and beyond have been using to determine damages in patent infringement cases has been abolished by the Federal Circuit Court.
Discrimination filings climb
Officials with the U.S. Equal Employment Opportunity Commission have released statistics showing an all-time high of 99,922 workplace discrimination filings over the course of fiscal year 2010 — the most ever in the agency’s 40-year history.
Case Digests
- Second Circuit – Equal Pay Act: Eisenhauer v. Culinary Institute of America
- Court of Appeals – Rape Shield Law: People v. Cerda
- Fourth Department – Mootness doctrine: Medical Professionals for Informed Consent, Inc. v. Bassett
- 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
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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