Author: David

New York State Bar Association Revolutionizes Bar Association Membership

Under the New York State Bar Association’s new membership model, members will receive thousands of hours of continuing legal education courses, membership to exclusive sections that focus on their interests, access to hundreds of automated forms that handle monotonous legal tasks and an unlimited number of articles on the latest legal developments – all for … Continued

New York’s Next Bar Exam: Where Should We Go From Here?

It’s been 10 years since New York faced the question of whether to adopt the Uniform Bar Exam. New York decided to do so, after much debate and dissent, with positive and negative consequences for law schools, students, the public and the practicing bar in New York. Now the question is whether to adopt the … Continued

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