Author: David

New York State Bar Association Decries Proposed Elimination of the Legal Services Corporation

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New York State Bar Association President Kathleen Sweet issued the following statement today regarding the proposed elimination of the Legal Services Corporation: “We condemn the administration’s proposal to eliminate all federal funding for the Legal Services Corporation. This drastic measure threatens to deprive millions of Americans of their fundamental right to legal representation. For over 40 … Continued

New York State Bar Association To Explore Book Banning in Public Schools

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The New York State Bar Association will examine the contentious debate between free speech advocates who argue that book banning violates the First Amendment and parental rights groups who contend that children should be protected from sexually explicit books in public school libraries. The continuing legal education course, “Burn Before Reading: State Book Banning Laws … Continued

NYSBA Panel Offers Advice for Navigating the New York State Court of Appeals and Third Judicial Department

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(L-R): Acting Justice Denise A. Hartman, New York State Supreme Court, Albany County; Associate Judge Michael J. Garcia, New York State Court of Appeals; Presiding Justice Elizabeth A. Garry, Appellate Division, Third Department; Associate Justice Christine M. Clark, Appellate Division, Third Department and Associate Justice Eddie McShan, Appellate Division, Third Department. The New York State … Continued

Corporate Transparency Act Undermined: Legal Chaos and Its Implications

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In early 2021, the United States Congress enacted the Corporate Transparency Act, introducing significant changes to corporate reporting requirements. The primary goal of the act is to enhance transparency in business ownership and combat illegal activities such as money laundering and tax evasion.[1] The law officially took effect on Jan. 1, 2024, mandating approximately 33 … Continued

AI’s Escalating Sophistication Presents New Legal Dilemmas

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AI Agents and the Rise of Virtual Task Makers Artificial intelligence has evolved rapidly, progressing from simple automation tools to sophisticated systems capable of independent decision-making. At its core, AI refers to computer programs that mimic human intelligence by learning from data, recognizing patterns and performing tasks with minimal human intervention. A subset of AI, … Continued

Are Santa Clauses in Estate Planning Documents Always a Welcome Gift?

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It’s not the holiday season, but New York practitioners often have “Santa clauses” on their minds. These clauses, which are included in some New York estate planning documents, were introduced by practitioners several years ago to account for the New York “estate tax cliff” regime. Specifically, New York law provides a credit against estate tax … Continued

How To Diagnose What Ails the New York Law Exam? Call the Exam Doctor

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Above: Paul Sackett, the Beverly and Richard Fink Distinguished Professor of Psychology and Liberal Arts at the University of Minnesota. In 2016, more than 20 years after the New York bar exam was given a clean bill of health by three independent experts who specialize in stress-testing licensing exams, New York discarded its professionally validated … Continued

Court Reforms Guaranty To Correct Clerical Error and Save Lender Millions

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A single-word drafting error in a guaranty agreement nearly rendered a multimillion-dollar obligation meaningless and unenforceable – until the Appellate Division stepped in to correct it. One lender’s inattention to detail in its contract almost cost it millions.[1] A $135 million construction loan was in default, and the lender commenced a foreclosure action. Years of … Continued