Author: David

Burden of Proof: Make It Stick

Attorneys (and, less often, parties) reach agreements with one another in litigation all the time. Being lawyers, of course, we cannot simply call them “agreements”; instead, we refer to them as “stipulations.” Lawyers’ stipulations can cover an almost infinite range of agreements, some relatively insignificant and some of the utmost importance. Stipulations can range from … Continued

Beyond 183 Days: Comparing Tax Residency in California and New York

Introduction Many high-net-worth foreign nationals are interested in purchasing residences and spending extended time in the United States but do not want to accidentally become U.S. taxpayers. While the initial inquiry from a foreign national might concern federal income and perhaps estate and gift tax, practitioners planning for high-net-worth foreign nationals should also consider state … Continued

A Tribute to Henry G. Miller: 40 Years After His NYSBA Presidency

The obituary for Henry G. Miller that circulated after his death during the third week of April 2020, and which can be found online, speaks of his family, his law practice, his bar association activities, and his love of theater. But there was much more to the man than what could fit in five short … Continued

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” franchise, “The Real Housewives of Potomac” chronicles the lives of a group of women residing … Continued

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 was a political outsider to a June 1790 secret dinner meeting attended by his nemesis, … Continued

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 integral part of modern communication, allowing users to create communities and share information, videos and … Continued

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 relating his intent to end his life, my stomach drops, my scalp tingles and I … Continued