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Legal Bytes: Dementia, intimacy and the ability to consent
Can someone with Alzheimer’s disease or dementia consent to sexual contact with another person? What if it’s a situation involving a married couple or two persons that have engaged in a long-standing intimate relationship? Questions such have these are difficult to answer, but have become a topic of great debate in recent times due to […]
Legal Bytes: So you’re splitting up: Who gets to keep the dog?
Child custody is a familiar topic. Undoubtedly, we all know somebody who has lived through the strife of a child custody battle with an estranged ex. The emerging field of “animal custody” is less familiar. A distinct trend towards the “humanification” of pets — particularly dogs and cats — has some courts phasing out the […]
Legal Bytes: Enforceability of charitable pledges after a donor’s death
At one time or another, almost everyone has made a donation to his or her favorite charity. The ways in which donations are made can vary. Some people make a one-time cash donation, while others may enter into a pledge agreement with a charity. As a legal matter, a charitable pledge is a promise between […]
Legal Bytes: Entrepreneurs, here’s why, and how, you should incorporate
Our professionals, graduates, students and entrepreneurs have paved the way in a variety of fields for centuries. Over the past decade, Rochester’s sizeable entrepreneurship community has expanded significantly. In any given month, there are business competitions, pitch contests and workshops. Our collegiate institutions host student-sparked businesses in their incubators; the StartUp-NY progr[...]
Legal Bytes: Deadline to apply for a Title Insurance License in NYS
Almost every state has long since adopted legislation requiring the licensure of title insurance agents. New York was one of a few holdouts that has resisted licensing requirements and historically conducted real estate transactions in a system of limited oversight. However, the Cuomo administration’s most recent budget plan, which was effectuated on April 1, added […]
Legal Bytes: Leveling the playing field in consumer debt actions
While credit card goliaths tout attractive credit deals to consumers, these recognizable “original creditors” are increasingly less likely to personally pursue overdue debts. Instead, with the expansion of third party debt practices, “debt buyers” purchase unpaid consumer obligations from the original lenders at extremely discounted prices. Debt buyers either attempt to collect on the debt[...]
Legal Bytes: Planning for digital assets in the age of technology
The law is always going to be playing catch up to technology. That is an often-used saying amongst attorneys, and nowhere is it more prevalent than in the area of digital assets estate planning. In today’s world, essentially every aspect of our lives is becoming increasingly more digital, but despite this reality, many estate planning […]
Legal Bytes: What lawyers should know about Canada’s anti-spam law
Canada set a worldwide precedent against spamming with its new anti-spam law that went into effect on July 1. The law, known as Canada’s Anti-Spam Legislation, or CASL, is an aggressive attempt by Canada to stop the flow of unsolicited emails clogging up its nation’s inboxes. CASL is broader in scope and carries stiffer penalties […]
Legal Bytes: Why young professionals are taking the duplex dive
Many local students, graduates and young professionals seek to live within the city boundaries of Rochester. With the high price of properties, some homebuyers have turned to an increasingly popular option: a two-family home, or a duplex. While duplexes carry with them numerous responsibilities, they offer distinct advantages to those looking to land their desired […]
Legal Bytes: Looking at the future of surveillance in the courtroom
Put aside for a moment the creepiness most of us have experienced in immediately seeing an ad on Facebook for an item you were shopping for moments earlier on another site. Put aside for a moment the unsettling fact that Google scans your emails for content keywords in order to sell your information to advertisers. […]
Legal Bytes: How potential FLSA updates may impact employers
March Madness brings competition, surprises, upsets, and the most climactic of all — overtime. Just a week before President Obama made his famous March Madness picks, he issued a memorandum to the Secretary of Labor that could be sending many into overtime. These people are everyday employees. On March 13, the president issued a memorandum […]
Legal Bytes: Shake – the app that drafts contracts in minutes
When I first heard about “Shake,” a free iPhone app that generates “tailored” contracts, I could not help but download it to see if my job as a contracts lawyer was in any serious jeopardy. Shake’s stated mission is to “make the law accessible, understandable, and affordable for consumers and small businesses.” The app, which […]
Case Digests
- 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
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
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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