The president of the New York State Bar Association has appointed a special committee to examine the selection of judges for the Court of Appeals. “The independence of the judiciary is crucial to the administration of justice,” said Sherry Levin Wallach, president of the New York State Bar Association. “The chief judge runs one of … Continued
In an increasingly digital world, we now have an expectation of immediacy. We demand instant replies. We can get nearly anything delivered to us within hours, with the fine-tuned forecasting and optimization algorithms of services like Amazon Prime efficiently selecting and sending out goods.[1] Yet, in return for quick delivery, there is a human cost. … Continued
The Article 81 guardian plays a unique role when the incapacitated person (also known as “the ward”) is suffering from a mental illness and requires admission to a hospital for inpatient psychiatric care. As rates of mental illness continue to climb and more of these individuals who suffer from such an illness find themselves in … Continued
With climate change continuing to destabilize our physical environment, New York State’s government must respond with legislation that effectively combats the primary causes of our energy consumption. One major culprit of greenhouse gas emissions are buildings, which account for nearly 40% of the United States’ energy usage.[1] Because of this, federal, state, and local governments … Continued
Non-fungible tokens (NFTs) have unleashed a whole new side of blockchain technology. Unlike cryptocurrencies, NFTs may have far-reaching implications for intellectual property rights. As a result, NFTs will certainly spur novel intellectual property litigation, especially for copyright litigation and litigation under the Lanham Act (the statute that governs trademark law). Courts are only beginning to … Continued
Domenick Napoletano will become the president-elect of the New York State Bar Association on June 1. Napoletano, who has been the association’s treasurer for almost four years, is chairing the association’s Working Group on Facial Recognition Software and Access to Legal Representation. The working group is researching the implications of facial recognition software on civil … Continued
The American Bar Association adopted a new policy spearheaded by the New York State Bar Association on the use of gender inclusive language in all court matters across the country. The resolution passed by a wide margin at the ABA meeting today in New Orleans. The policy, called a bench card, provides information and guidance … Continued
Implicit Bias. It’s an issue we discuss often, but what does it mean in the context of choosing a jury? The Criminal Justice Section held a panel during Annual Meeting to discuss how implicit bias should be handled during voir dire. With recent changes to jury instructions including a mandatory video presented to prospective jurors, … Continued
In 2011, Congress enacted the Leah-Smith American Invents Act, which created proceedings called inter partes review permitting reexamination of already issued patents based on novelty and obviousness.[1] The proceedings are conducted by the Patent Trial and Appeal Board, an executive adjudicatory body that is part of the Patent and Trademark Office. In Arthrex v. Smith … Continued
“An astute lawyer approaches trial preparation strategically and meticulously, leaving nothing to chance.” – Louis Nizer, New York City trial lawyer Back in the day, a young associate came to me after losing a case at trial and asked how she could improve her cross-examination. She went on to state: I followed every rule of cross-examination: … Continued