What does it mean to be a quality appellate attorney? What are essential elements of appellate representation? Should there be a difference in the caliber of representation for clients who retain counsel and those who are entitled to assigned counsel – so-called “mandated representation” or “public defense” for criminal and family cases? Those were among … Continued
This article contains the annual review of new legislation amending the Penal Law (PL), Criminal Procedure Law (CPL) and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details. In some instances, where indicated, legislation enacted by both houses … Continued
Attorneys have an obligation to maintain records of all client communication (as well as many other communications with third parties).[1] We are further often tasked with obtaining communications as part of the discovery process. However, while technology has made communication faster and simpler, it has also created a morass of record keeping.[2] Clients also have … Continued
Third-party litigation lending is booming, but at whose expense? Litigation loans are advance payments to individuals or companies to finance lawsuits in exchange for a portion of the potential legal recovery. Demand for this lending has substantially increased “with no signs of slowing down,” according to Westfleet Advisors, which tracks the industry.1 Moreover, the industry … Continued
Price fixing, bid rigging, and market manipulation are the tactics you might see at the heart of a financial thriller or a case of corporate corruption. A federal investigation to break up a coordinated conspiracy involving all three rocked the oil industry in 2006. The Marine Hose Cartel was an organized criminal enterprise made up … Continued
“An ounce of prevention is worth a pound of cure.” – Benjamin Franklin Americans rely heavily on their retirement savings, and for many, these are the most significant assets right next to their home. According to Investment Company Institute, as of December 2022, there were $33.6 trillion in total U.S. retirement assets. Unfortunately, the division … Continued
The New York State Commission on Legislative, Executive and Judicial Compensation is holding a public hearing in New York City next week. The hearing will be livestreamed on the commission’s website. Commissioners will hear testimony at 10 a.m. Friday Oct. 13 at the New York City Bar Association’s CLE Center on West 44th Street in … Continued
To the Forum: I am an attorney working for one of the federal courts in New York State. When I first began working with the court about a year ago, one of the clerks who handles criminal case intake took me under his wing and guided me through my first year. We became close friends … Continued
In March 2023, bank regulators closed Silicon Valley Bank and Signature Bank and appointed the FDIC as liquidator. Signature Bank in particular provided banking services to many New York law firms and, therefore, held many attorney trust or escrow accounts. While most bank and credit union deposits benefit from federal insurance issued by the Federal … Continued
The report of the association’s Task Force on Advancing Diversity recommends colleges and graduate schools that want to achieve diversity should eliminate the preferential treatment in admissions given to athletes, the children of alumni and the family of donors. The report also recommends moving away from standardized tests and grade point averages and focusing … Continued