A Manhattan grand jury indicted former President Donald Trump on Thursday. The exact charge is unclear because the indictment remains under seal but the investigation was about payments made during the 2016 presidential campaign to silence claims of an extramarital affair. The case puts District Attorney Alvin Bragg in the national spotlight. In December 2021, … Continued
The New York State Bar Association entered into a memorandum of understanding with the Polish Bar Council and two bar associations in Warsaw during a ceremony in Poland today. The agreement provides a framework for the three legal associations to promote discourse between attorneys in both countries. Topics to be addressed include international legal issues … Continued
The New York State Bar Association’s Lawyer Assistance Program is premiering a new and innovative program that helps women attorneys in all aspects of their lives — mind, body and spirit. “All Rise: Well-Being for Lawyers” is a five-session program taking place every other Wednesday from 4 p.m. to 6 p.m. The idea is that … Continued
The National Defense Authorization Act for fiscal year 2023 was signed by the president on Dec. 23, 2022. The act brought about changes that can affect the practice of military law as well as other areas such as family law, criminal law and trusts and estates. Two of the most impactful changes will affect … Continued
Consider a few hypotheticals: A shop clerk attends a Proud Boys rally and gets “doxxed” by activists who discover his place of work and demand he be terminated. Soon, a Twitter campaign emerges calling for a boycott until the demand is acceded to. The owner gives in and fires the clerk. A food server attends … Continued
Joseph Gerstenzang is a partner at Gerstenzang, Sills, Cohn & Gerstenzang. He is member of the Criminal Justice Section and a frequent panelist at NYSBA programs. Gerstenzang’s firm primarily handles DWI, DWAI and drugs defense. He comes from a family of attorneys including his parents Peter and Karen Gerstenzang and two siblings who are attorneys. … Continued
A committee of legal experts has been given the responsibility of implementing recommendations that will improve the administration of justice in New York State’s courts in the wake of the pandemic, Acting Chief Judge Anthony Cannataro and Acting Chief Administrative Judge Tamiko Amaker announced today. Leaders from the courts, the bar, and the community have … Continued
Members of the New York State Bar Association’s Committee to Review Judicial Nominations are prepared to begin interviewing the nominees for chief judge that the Commission on Judicial Nomination submitted to Gov. Kathy Hochul today. The committee will schedule interviews of each candidate and give ratings of “well qualified, qualified, or not qualified.” President Sherry … Continued
I recently wrote about structured legal fees for lawyers (see “Contingent Fee Tax Planning, Anyone?” NYSBA Journal, vol. 94, no. 5, Sept./Oct. 2022, p. 37). For nearly 30 years, plaintiff lawyers have been structuring contingent legal fees based on the seminal tax cases of Childs v. Commissioner.[1] Payments over time can flatten the peaks and … Continued
For decades, New York courts have led innovation in the way domestic violence cases are addressed in the United States legal system.[1] Specifically, New York has been at the forefront of instituting specialized courts to handle domestic violence cases, giving courts one focus in handling the endemic of domestic violence.[2] In 1996, the first felony … Continued