MCBA President’s Message: This month at the MCBA: Initiatives, innovation and collaboration
This month, I am turning again to the question of why the Rochester legal community is such a special place to practice law. One reason is that Rochester lawyers are willing to take on community issues, often under the leadership of the Monroe County Bar Association. I have written before on the close collaboration between […]
Current NY case bears resemblance to Alabama case featured in ‘Just Mercy’
Just Mercy, a film currently showing throughout the nation, describes the efforts of a young Harvard law graduate, Bryan Stevenson, who traveled south to represent death row inmates. Stevenson established the federally funded Equal Justice Initiative in Montgomery, Alabama. The film follows the case of Walter McMillian, an African-American sentenced to death in Monroe County, […]
Keeping Your Balance: Business-use vehicles deduction for the self-employed
Are you self-employed and looking for ways to save time, cut down on your recordkeeping duties, and reduce your paperwork and retention of old receipts? The optional standard mileage rates for business vehicles can help you do that. Businesses that operate up to four vehicles at the same time can deduct this standard mileage rate […]
Real Estate Law: Addressing a landlord’s broken promise to their real estate broker
Imagine your favorite restaurant. You’ve just enjoyed a great meal, everything was perfectly prepared, and the service was impeccable. Would you ever imagine walking out without paying the bill or leaving a tip? The answer (I hope) is of course not. The restaurant and the server would be furious. Now, imagine that you are leasing […]
Money Management: How safe is your financial & estate plan after the SECURE Act?
The Setting Every Community Up for Retirement Enhancement Act of 2019, aka the “SECURE Act” made sweeping changes to expand retirement savings options.1 That’s the good news. The bad news is that it also completely gutted the concept of the “stretch IRA” for beneficiaries of IRAs and similar retirement plans. Under the pre-SECURE Act tax […]
Paralegal Perspectives: PARspectives on professional development
When I became PAR’s Vice President of Professional Development in June of last year, I was honored but also slightly concerned. I knew that, in my new role, I would be connecting with the National Federation of Paralegal Associations (“NFPA”) and the Monroe County Bar Association. These connections would help me to keep abreast of […]
Legal Loop: More of my top life hacks and gadgets
Have you noticed how it seems like there’s never enough time to get everything done no matter how hard you try? Rest assured, you’re not alone. In today’s hectic world, balance is a goal often sought but rarely achieved. In other words, the struggle is real. The good news is that there are gadgets and […]
Keeping Your Balance: What plan sponsors need to know about DOL enforcement and red flags
Being selected for a Department of Labor (DOL) audit is not exactly a prize most plan sponsors want or intend to win. Often, plan sponsors think service providers will take the blame when compliance issues arise. But plan sponsors are ultimately responsible for plan administration and operation. Plan sponsors who don’t realize this can suffer […]
The Inclusive Office: My New Year’s diversity resolutions
When I envisioned “The Inclusive Office” column, I thought I would produce data-laden articles about wide-ranging issues of diversity, especially those I thought the average attorney in Monroe County may have not spent much time considering. It turned out to be a lot more my white self discovering the centuries of work women, people of […]
Fraud Facts: Are home devices really spying on us?
With the holiday season over, many of you may have purchased or received a smart device. Almost seven out of 10 of American households reported owning a smart product. A smart product/device for the purpose of this article is a device that can connect to the Internet using Wi-Fi or Bluetooth — such as a […]
Workplace Issues: Lack of ‘adverse action’ defeats discriminatory motivation, 2nd Circuit decides
This plaintiff is a doctor who alleged that her employer violated Title VII because it was honoring patient requests to be treated by a white doctor. The Court of Appeals says she has no case even though she has alleged a discriminatory motive. The case is Kairam v. West Side GI, Inc., 19-447-cv, decided on […]
Legal Loop: Save time and aggravation with my top life hacks and gadgets
Usually I write about the intersection of law and technology in this column. One reason I’m so passionate about technology is because it saves lawyers time and money. After all, lawyers’ daily lives can be hectic and stressful, and anything that can be done to reduce some of that stress is well worth the effort. […]
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