Author: David

New Automated Forms Offer Resources and Information With More Convenience – and It’s Free in NYSBA’s New Membership Model

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This year, NYSBA debuted a popular new benefit – 20 different packages of NYSBA’s Annotated/Automated Forms, created from our best-selling collection of legal resources. Whether your practice focuses on personal injury, criminal law, probate law, residential and commercial real estate, or one of the other 15 packages of forms provided, these forms offer something for … Continued

Update: Congestion Pricing: A Case Study on Interstate Air Pollution Disputes

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New York’s congestion pricing program was set to take effect on June 30, notwithstanding multiple pending legal challenges.[1] Then on June 5, Gov. Kathy Hochul announced that she was directing the Metropolitan Transportation Authority – which is charged with implementing the program – to put the congestion pricing program on “indefinite pause.”[2] This announcement roiled … Continued

The Challenges of Being the Trustee of a Special Needs Trust

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Over the last three decades, the use of a Special Needs Trust, also known as a Supplemental Needs Trust, has become the primary planning vehicle for persons with disabilities. If the trust is a First Party Special Needs Trust (one funded with assets belonging to or to be received by the disabled person), it will … Continued

New York State Bar Association Revolutionizes Bar Association Membership

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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?

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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

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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

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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

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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