Professional Judgment for Lawyers by Randall Kiser Book Review by Laura A. Kaster For over fifteen years, Randall Kiser has been challenging lawyer decision-making and risk assessment. His seminal work studying settlement rejections demonstrated an unexpectedly high rate of “decision error” which resulted far too often in either plaintiffs’ recoveries at trial lower than the settlement … Continued

Technology, the pandemic, and shifting social norms have transformed the business world. Studies indicate that even years after the pandemic shutdowns, as many as one in five workers is working either hybrid or fully remote.1 The practice of law is no exception to this trend. New York law and policymakers have supported initiatives to align … Continued

(http://ww2.nycourts.gov/rules/comments/index.shtml) Note: The comment periods for the following proposed rules have expired, except as noted. Comments must be submitted to [email protected]. April 17, 2024: Request for Public Comment on a proposal to add a preamble before Commercial Division Rules 25-33 request-for-public-comment-commercial-division-preamble-041724.pdf (nycourts.gov) April 12, 2024: Request for Public Comment on proposed amendments to Section 202.67 … Continued

Demonstrating value to prospective clients is vital to a business lawyer’s success. Your ability to articulate your skills and efficiency will help you convert not only prospects into clients, but also one-time clients to regular clients. You can accomplish this by effectively pitching the benefits of serving as Outside General Counsel (OGC): higher quality of … Continued

The legal profession has long relied on traditional, in-person notarization. In 2023, New York Executive Law 135-c was signed into law,1 providing a legal framework for remote online notarization (RON) in New York. New York’s codification of RON was a much-needed measure to reflect the reality of modern society, though it did introduce a more complex … Continued

As summer has come into full swing, we reflected on what summer means for the practice of our valued General Practice Section members. For some, it means vacation or a decreased caseload. Even for the ever-busy practitioner, the sunshine can be a reminder to take a walk outside for a mental refresh. With this in … Continued

“A jack of all trades is a master of none, but oftentimes better than a master of one.” William Shakespeare should have been a member of NYSBA’s General Practice Section. A general practice lawyer, often referred to as a “generalist,” offers legal services across a wide range of areas rather than specializing in one particular … Continued

Corporations and limited liability companies have historically been used as “shell entities” for both legitimate and illegitimate purposes.1 In response to the illicit use of shell entities, legislation has been passed on both the federal and state level requiring business entities to disclose beneficial owner information (BOI) to the government.2 The federal Corporate Transparency Act (CTA), … Continued

Truly a tale as old as tech is that of bleeding-edge technological advancement, regulators seeking to keep pace and the gray area that exists in the middle of these two points. Once again, that is where lawyers find themselves on the topic of artificial intelligence. AI has posed several challenges, many of which are playing … Continued

Digest: An attorney who has earned a juris doctor degree may use a “J.D.” designation on letterhead and business cards while working in a nonlegal capacity as long as the lawyer takes care to ensure that any relevant audience is not misled to believe that he or she is acting in a legal capacity. Rules: 1.0(a), 7.1(a) … Continued