Author: David

Starting Simple: Understanding Required Minimum Distributions

As with most planning techniques, the most effective ones begin with starting simple. Many have enjoyed the benefits of tax deferred retirement accounts, from the immediate tax deduction for contributions to the tax-deferred growth over perhaps many decades. At some point, distributions must begin so that the government can start collecting much-needed tax revenue from … Continued

Public Speaking for Lawyers Outside the Courtroom: How Legal Professionals Can Command the Room in Boardrooms, Media Interviews, and Public Events

Think public speaking is just for the courtroom? Not so. Litigators are not the only lawyers who must deliver effective presentations. The ability to speak clearly, concisely, and confidently can be a gamechanger for all aspects of the legal profession. Many attorneys believe public speaking is only helpful for courtroom performance. But outside the courtroom, … Continued

The Elusive Rule of Law

As we approach the semi-quincentennial anniversary of our nation during a time of heightened political polarization, it is an appropriate time to discuss where the United States stands today with respect to the rule of law. That principle of American democracy has played a crucial role from our nation’s birth in ensuring that our country … Continued

Burden of Proof: Court Can’t ‘Just Say No’

Inherent Power of Courts It is well settled that a court in New York State has the inherent power to control its own calendar. As the Court of Appeals stated in Headley v. Noto,[1] in the context of multiple actions: “It is well recognized that the power to control its calendar is a vital consideration … Continued

Trap for the Unwary: How Pleadings and Collateral Contracts Can Unintentionally Forfeit the Right to a Jury Trial

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued

President-Elect Candidate Statement: Michelle H. Wildgrube

I submit this statement to declare my candidacy for President-Elect of the New York State Bar Association. I have been a member of NYSBA since my admission to the bar. I became active in NYSBA in the second half of my career, when I was asked to serve as a District Representative for the Real … Continued