Criminal practitioners are accustomed to adapting their practice to where they appear. Good lawyers tailor their practice from one judge to another for the benefit of their clients. Some might find it ineffective to fail to do so. Just as there are differences from one court to another, there also are disparities between upstate and … Continued
In the summer of 1980, Jimmy Carter was president and campaigning against Ronald Reagan, who would win the November election. Later that year, John Lennon would be murdered outside of his apartment building on the Upper West Side. In 1981, the New York Times reported that 1980 was the worst year for crime in New … Continued
The recent trial of Donald Trump in New York City has regenerated the reoccurring debate of whether cameras should be allowed to telecast judicial proceedings. Some ask why; others, why not. Searching for an answer, the Sixth Amendment to the United States Constitution might be the place to begin. “In all criminal prosecutions, the accused … Continued
In a split decision, the Court of Appeals in People v Debellis, 40 N.Y.3d 431, 202 N.Y.S.3d 740, 225 N.E.3d 859 (2023), held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the “defense of voluntary surrender” of a firearm pursuant to Penal Law § 265.20(a)(1)(f). In doing … Continued
If you are a litigator who despises the tedious, time-consuming, mind-numbing aspects of drafting and preparing the factual record in support of briefs, outlines, timelines, etc., then you will want to try Clearbrief, an artificial intelligence add-in to Microsoft Word that promises big results: “Flawless work product without the drudgery.” (Clearbrief homepage.) Is that promise … Continued
Sponsored by the Commercial and Federal Litigation and the Dispute Resolution Sections On May 7, two Commercial and Federal Litigation (ComFed) Section committees co-sponsored a program on “The Uses and Abuses of Chatbots: Live Demo and Review of Ethics Rules.” The committees were the Privacy, Data Security & Information Technology Litigation Committee (Co-chairs Ralph Carter … Continued
In April 2024, the NYSBA Task Force on Artificial Intelligence released a report detailing the evolution of AI, its benefits and risks, impacts on the legal profession, and existing legislation regarding the technology. The report demonstrates that the U.S. legislative and regulatory framework for AI has not advanced significantly since President Biden issued his Blueprint … Continued
Chair-Elect Michael Cardello III of Moritt Hock & Hamroff welcomed over 30 members of the judiciary, 23 speakers, and numerous attendees to the Saturday night Gala Awards Dinner at the historic Gideon Putnam Hotel. Cardello characterized the thriving section as a “testament to the hard work and vision” of outgoing Chair Anne B. Sekel of … Continued
The NYSBA Commercial and Federal Litigation Section Spring Meeting 2024 kicked off with a panel discussion on Artificial Intelligence and the Law. A panel comprising Hon. Mary Kay Vyskocil (United States District Judge, Southern District of New York), Hon. James M. Wicks (United States Magistrate Judge, Eastern District of New York), Ralph Carter (Senior Counsel, Litigation and Cybersecurity Legal, Workday), Moya Novella (Senior … Continued
(West’s 2024 N.Y. Orders 1-18; Adopted Rules on OCA website, at http://ww2.nycourts.gov/rules/comments/index.shtml; amended rules on appellate court websites) 22 N.Y.C.R.R. § Court Subject (Change) Link to Order Eff. Date Part 52 All Establishes procedure for ex parte requests for judicial accommodation by persons with a disability https://www.nycourts.gov/LegacyPDFS/rules/comments/orders/Part52-AO.pdf 2/16/24 Part 53 Sup. Adds a rule on coordination of … Continued