Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement about the retirement of Presiding Justice Rolando Acosta, Appellate Division, First Department: “Justice Rolando Acosta is a well-respected jurist who gave back to the legal profession in so many ways. He always took the time to mentor young attorneys, share … 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
Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement about Gov. Kathy Hochul’s proposed changes to bail reform in her 2023-24 executive budget: “We are deeply concerned by the rollbacks in bail reform that Gov. Kathy Hochul has put in the state budget; it is a significant policy matter … 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
The New York State Bar Association is examining the legal and ethical implications and the impact on personal freedom of corporations employing facial recognition software to ban their adversaries – and every lawyer who works for a firm that represents them — from entering sports and entertainment venues. The association’s Executive Committee on Wednesday launched … Continued
Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement today following the release of Gov. Kathy Hochul’s 2023-24 executive budget proposal: “Gov. Kathy Hochul recognized the need for increased pay for assigned counsel in New York State. But her proposal calling for lower rates upstate relative to downstate is … Continued