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MCBA President’s Message: MCBA moving forward despite challenging times
I have received lots of wry smiles, via Zoom of course, and regretful and sympathetic comments about being bar president during a pandemic and at a time of national upheaval. And it will not surprise anyone that this was not the way I expected my bar presidency to go. But here we are, and although […]
Commentary: Where do we go from here for ‘Justice For Daniel Prude’?
I was born at Highland Hospital and am a true Rochesterian. I was raised in the city, went to city schools, joined the military, left for a couple of years only to return to this city that I love. I was fortunate and blessed to join the ranks of Rochester’s finest: The City of Rochester […]
D.C. Bar weighs in on ethics of working remotely
If your firm is like most law firms, some or all members of your firm’s workforce have been working remotely since the onset of the pandemic. In many cases, your firm’s employees may have chosen to stay close to home (and the office) during quarantine periods, while others chose to move to more remote locations […]
Commentary: Are back office services your operational blind spot?
The abrupt transition to remote working caused by COVID-19 uncovered gaps in many law firms’ back office services SOPs. How will mail be processed? How can I get things printed? Who can facilitate deliveries? And these are just a handful of common issues firms have been working through in 2020. In recent years, law firms […]
Workplace Issues: Having a therapist at the mediation table
As a lawyer advocate, preparing a client for mediation is assisted by encouraging the development of a narrative of their story — in their own voice. This expression of their experience is something that does not happen in litigation. Reading this narrative during mediation provides all parties an opportunity to hear the situation from the […]
Judges and social media use: Drawing the line in New York
In 2020, it’s safe to say that I no longer need to convince lawyers that social media is here to stay, since nearly everyone — including lawyers — regularly interacts on at least one social media site. And by “lawyers” I’m referring to pretty much anyone with a law degree, including judges. That being said, […]
Real Estate Law: Building boon: 485-b program offers property developers valuable benefits
Commercial real estate development is an uphill challenge. From property acquisition and development through the approval and construction processes, the path to completion is laden with significant costs before a prospective tenant ever walks through the door. At the same time, the improvements a developer makes to the property will increase the assessed value and, […]
GRAWA President’s Message: Reflecting on the 19th Amendment as a beginning, not an end
August is an important month for our nation’s history and for women’s rights in particular. This month we are celebrating 100 years since the 19th Amendment was ratified and women achieved the right to vote in the United States, after almost a century of protest. Earlier this year, we celebrated 150 years since the 15th […]
Fourth Department addresses abuse by parents
In a decision entered last month, the Fourth Department reviewed a case in which there was limited evidence as to what had caused serious injuries to a child. However, the court affirmed the Family Court’s determination that both respondents had severely abused that child and had derivatively neglected a younger child. Mya N. and Serenity […]
NY DEC issues proposed regulations to implement Climate Leadership and Community Protection Act
On July 18, 2019, Governor Cuomo signed the Climate Leadership and Community Protection Act (CLCPA). The legislation was described in the governor’s press release at the time of adoption as “the most ambitious and comprehensive climate and clean energy legislation in the country.” NYS Department of Environmental Conservation (DEC) has now issued proposed regulations under […]
The importance of planning for law firm resiliency during COVID-19
As the COVID-19 pandemic continues to surge in some parts of the country, you’re likely wondering about the future of your law firm and its book of business. One way to abate those concerns is to prioritize preparing your firm for whatever may come. Make sure you’re never caught flat-footed and take steps to ensure […]
U.S. Supreme Court strengthens church autonomy doctrine
Last month, in Our Lady of Guadalupe School v. Morissey-Berru,[1] the United States Supreme Court decided two Catholic schools were exempt from employment discrimination claims from teachers they had terminated. This decision was a follow-up to the 2012 Hosanna-Tabor decision, in which the court recognized the “ministerial exemption” — a judicial doctrine that exempts religious […]
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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