What does it mean to be a quality appellate attorney? What are essential elements of appellate representation? Should there be a difference in the caliber of representation for clients who retain counsel and those who are entitled to assigned counsel – so-called “mandated representation” or “public defense” for criminal and family cases? Those were among … Continued
Photo Gallery Two outstanding advocates for children and their families were honored Tuesday evening with the Howard A. Levine Award for Excellence in Juvenile Justice and Child Welfare. Professor Martin Guggenheim, who has taught for 50 years at the New York University School of Law, and Michele A. Brown, the former chief attorney at the … Continued
This article contains the annual review of new legislation amending the Penal Law (PL), Criminal Procedure Law (CPL) and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details. In some instances, where indicated, legislation enacted by both houses … Continued
Panelists at a New York State Bar Association conference predicted that lawyers who are in charge of high-level legal strategies for clients have nothing to fear from artificial intelligence, but the jobs of attorneys who conduct the research and draft the legal documents will change dramatically. “The battle won’t be between humans and AI but … Continued
Attorneys have an obligation to maintain records of all client communication (as well as many other communications with third parties).[1] We are further often tasked with obtaining communications as part of the discovery process. However, while technology has made communication faster and simpler, it has also created a morass of record keeping.[2] Clients also have … Continued
As artificial intelligence becomes more prevalent, judges, juries and attorneys will have to know what to do when these technologies are evidence in court cases. A recent New York State Bar Association Continuing Legal Education course focused on what may happen and how lawyers can present evidence in court when judges and juries are not … Continued
Third-party litigation lending is booming, but at whose expense? Litigation loans are advance payments to individuals or companies to finance lawsuits in exchange for a portion of the potential legal recovery. Demand for this lending has substantially increased “with no signs of slowing down,” according to Westfleet Advisors, which tracks the industry.1 Moreover, the industry … Continued
Price fixing, bid rigging, and market manipulation are the tactics you might see at the heart of a financial thriller or a case of corporate corruption. A federal investigation to break up a coordinated conspiracy involving all three rocked the oil industry in 2006. The Marine Hose Cartel was an organized criminal enterprise made up … Continued
The NYSBA Task Force on Combating Antisemitism and Anti-Asian Hate is saddened and dismayed by what can only be termed hate speech in our own backyard in New York City and in certain colleges and universities on the part of pro-Hamas demonstrators. These individuals have held up swastikas and praised the massacre of innocent civilians in Israel. … Continued
“An ounce of prevention is worth a pound of cure.” – Benjamin Franklin Americans rely heavily on their retirement savings, and for many, these are the most significant assets right next to their home. According to Investment Company Institute, as of December 2022, there were $33.6 trillion in total U.S. retirement assets. Unfortunately, the division … Continued