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Commentary

Commentary: New guidance impacting cross-examination in Title IX hearings

Joshua M. Agins

On Aug. 24, the Department of Education issued new Title IX guidance that addressed a lingering issue created by the Department’s 2020 Title IX regulations. Specifically, confusion arose from that portion of the regulations prohibiting Title IX decision makers from ...

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You’ve got acceptance! First Department holds that email containing attorney’s signature block constitutes a signed settlement

Laura Myers

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First Department Appellate Division decision, Philadelphia Insurance ...

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New door opens to federal courts

The Second Circuit has radically expanded the types of matters which can be litigated in the federal courts. It is now clear that individuals who suffer an injury due to another’s violation of a state statute can seek federal courts. ...

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Commentary: Planning for changes to the federal estate and gift tax: Consider a CRUT or SLAT

Susan Herendeen

As the current administration nears its first 100 days in office, legislation and immediate priorities have remained centered on containing the COVID-19 pandemic and strengthening the economy following the passage of the American Rescue Plan. However, discussions are already underway ...

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Commentary: Acknowledging Black History is American History

Langston McFadden

This year we celebrate Black History Month locally, regionally and nationally during a worldwide pandemic that has touched, and in some cases devastated, the lives of so many individuals and families across this nation. The effects of COVID-19 have been ...

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Commentary: A call for backup

Sara Passamonte

The human services field is a collective of helpers; some have formal licenses; some are peers with lived experience and unmatched empathy; some have what seems like endless patience; and some are drained from weeks, months, or years of supporting ...

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A futile impeachment and Custer — a connection?

Hon. Richard Dollinger

Impeach a former federal official after he left office? In Washington last month, the House of Representatives just started the process against a president who was about to leave office. But, in 1876, America encountered another impeachment of a retired ...

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Close calls in criminal law at the Court of Appeals in 2020

Hon. Michael L. Dollinger

New York’s highest court stands on the precipice of major change entering 2021. Two new judges will join the court this year and they may have a significant impact on the direction of the Court as a series of 4-3 ...

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Reflections on leaving the bench

Thomas “Toby” Reh

After eight years as Victor Town Justice, I’ve retired from that position after deciding back in March that I would not run again for another term that would have begun on Jan. 1. I’m writing to share my perspective on ...

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Commentary: The importance of mediation as part of the litigation process

Jon P. Getz

As we begin 2021, our profession continues to work hard and do our best to resolve the legal issues and problems for our clients during “interesting” times. The understandable delays in moving cases forward has caused concern for many attorneys ...

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Commentary: New York State Power of Attorney changes coming June 15

Don H. Twietmeyer

On Dec. 15, a new law was enacted which completely overhauled the existing New York Power of Attorney statute that has been in place since 2009. As most of our estate planning clients have known over the past decade, the ...

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