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Eminem’s Fight Against ‘Reasonably Shady’ Housewives
What do Eminem (also known as Marshall Mathers III) and two “Real Housewives of Potomac” have in common? They each claim trademark rights relating to the word “shady.” For those unfamiliar with the Bravo television network and its “Real Housewives”…
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The Changing Faces of the New York Court of Appeals
It’s been a little over a year since Chief Judge Rowan Wilson was sworn in as the chief judge of the State of New York. In this short time, the state’s highest court has seen changes in how the court…
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New York State Bar Association Decries Rise in Hate Crimes
Domenick Napoletano, president of the New York State Bar Association, issued the following statement about the alarming rise in hate crimes reported by the New York State Office of the Comptroller: “I am saddened but unfortunately not surprised by the…
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Ethics Opinion 1272: Conflict of Interest when part-time Department of Social Services Attorney represents clients adverse to Department of Social Services
Opinion 1272 (08/27/2024) Topic: Conflict of Interest when part-time Department of Social Services Attorney represents clients adverse to Department of Social Services Digest: Regardless of the scope of a part-time attorney’s work for a county Department of Social Services (“DSS”),…
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New York State Bar Association Publishes New Volume of Ethics Decisions
Lawyers and scholars have relied on the New York State Bar Association’s ethics opinions to navigate tricky ethical and legal issues since 1952. But now, for the first time, members can buy a fully searchable electronic volume of more than…
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In ‘The Room Where It Happens’: The Benefits of Joint Sessions at Mediation
Lin-Manuel Miranda’s song, “The Room Where It Happens,” in the musical “Hamilton” is an unforgettable showstopper. The legendary tune stars the play’s antagonist, Aaron Burr, who was an American revolutionary and then an aspiring New York politician. When he learns that he…
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New Cannabis Chair Jeffrey Schultz Wants To Grow Membership
As the new practice area of cannabis law grows, Jeffrey Schultz wants the New York State Bar Association’s Cannabis Law Section to flourish as well. Schultz, the new chair of the Cannabis Law Section, said the association has a role…
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A Tik-Tok Ban? The First Amendment Implications Should not be Underestimated
The right to freedom of expression, opinion and information means the right to hold opinions without interference, and to seek, receive and impart information and ideas of all kinds, through any media, regardless of frontiers. Social media has become an…
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Ethics Opinion 1271: Sharing of Legal Fees with Non-Lawyer; Impermissible Referral Fees; Non-Refundable Retainer
Opinion 1271 (08/20/2024) Topic: Sharing of Legal Fees with Non-Lawyer; Impermissible Referral Fees; Non- Refundable Retainer Digest: A lawyer violates Rule 5.4(a), which prohibits a lawyer from sharing legal fees with a non-lawyer, if she pays a percentage of…
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Trauma and the Trial Lawyer
Recently, I received a panicked call from a young man on a bridge contemplating suicide. He had been dealing with post-traumatic stress disorder (PTSD) for years and his mental health was not improving. Even now when I think about him…
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