Author: David

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

Minding Your Own Business: Creating a Strong Attorney-Client Relationship

Lawyers strive for two key goals: providing excellent and efficient legal services while maximizing profitability. While the former is crucial for client satisfaction and professional reputation, the latter ensures sustainability and growth for law firms. One often overlooked tool in achieving both objectives is the lawyer engagement letter. The same way attorneys create strong contractual … Continued

Demonstrate Value by Pitching Yourself as Outside General Counsel

Demonstrating value to prospective clients is vital to a business lawyer’s success. Your ability to articulate your skills and efficiency will help you convert not only prospects into clients, but also one-time clients to regular clients. You can accomplish this by effectively pitching the benefits of serving as outside general counsel: higher quality of service … Continued

New York Seeks To Modernize Remote Practice Policies; Questions Remain

Technology, the pandemic and shifting social norms have transformed the business world. Studies indicate that even years after the pandemic shutdowns, as many as 1 in every 5 workers are working either hybrid or fully remote.[1] The practice of law is no exception to this trend. New York law and policymakers have supported initiatives to … Continued

Oral Contracts in New York: How Valid Are ‘Handshake’ Agreements?

Famous film producer Samuel Goldwyn is reputed to have remarked that “an oral contract is not worth the paper it’s written on.” Goldwyn’s alleged comment echoes a widespread sentiment in the legal profession and elsewhere that oral contracts are of dubious validity and are “very difficult to enforce.”[1] In reality, New York courts, to a … Continued

New York State Bar Association Creates N.Y. Compliance CLE Bundles

The New York State Bar Association has launched an innovative series of CLE packages that allow members and non-members to fulfill their 24-credit New York compliance requirement in one easy transaction. The association launched its first bundle of courses in May and has been adding different combinations of courses for lawyers in specific practice areas … Continued

New York State Bar Association Announces Plan To Help Over-Scheduled Lawyers

The New York State Bar Association is providing immediate relief to its members as the demands of 24/7 lawyering upend the delicate work/life balance that is so essential to attorney well-being. Domenick Napoletano, president of NYSBA and a solo practitioner in Brooklyn, announced Tuesday that the association has amassed a library of 20 automated forms … Continued

Will the Extinction of Noncompetes Lead to More Trade Secrets Litigation?

One major purpose for noncompete agreements is protecting a company’s trade secrets and other proprietary and confidential information. By preventing former employees from working with competitors, noncompete agreements can be an effective tool in preventing the dissemination of trade secrets and other information to those competitors. Due to a new rule recently promulgated by the … Continued