NY Daily Record Since 1908

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 ...

It’s indisputable: the pandemic’s effects will be long-lasting. No matter how you look at it, the pandemic has significantly impacted the legal profession and the practice of law.  Statistics from a recently released survey conducted by the American Bar Association ...

Perhaps the biggest lingering effect of the coronavirus pandemic in the world of real estate, for both tenants and landlords, is the issue of unpaid rent. New York State’s eviction moratorium set forth in the Tenant Safe Harbor Act, the ...

In recent months there have been a spate of ethics opinions and headlines focused on the social media antics of lawyers. The behavior runs the gamut, whether it’s questionable or downright offensive social media posts, Zoom gaffes, or over-the-top responses ...

The “new normal” of practicing law remotely has its challenges. Zoom depositions are one of them.  Preparation is tedious. Computer screens notoriously freeze mid-sentence. And how about those lawyers who love using the limitations of virtual testimony to feed helpful ...

In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering Administrative Patent Judges of the Patent Trial and Appeal Board ...

If I’ve said it once, I’ll say it again: think before you post. This recommendation applies to everyone, of course. But if you’re a lawyer, then you’d best heed my advice and tread lightly when posting commentary online on social ...

Over the past few years a new issue has popped up in matrimonial law — companion animal custody. Parties may be as emotionally distraught over who is getting the family pet as those who are disputing custody of their children ...

Lawyers tend to limit their practice to a few areas. Nonetheless, people come to us with myriad problems — many of which fall outside our expertise. Through this column, we provide practical information to help you assist those who have ...

If you’re familiar with my column you know that I have been urging lawyers to learn about — and use — technology for over a decade now. I always stress how important it is for lawyers to educate themselves about ...

I see the coming year as a time to work on relationships. As my friend Paul Richardson says: “being a lawyer is all about relationships — relationships with clients, witnesses, other lawyers, judges, and people in general.” Before the pandemic, ...

As the pandemic recedes and we head into the “new normal,” no one is exactly sure what law offices will look like post-pandemic. Will lawyers work remotely more often than before? Will the “face time” requirements of year’s past fall ...