on an array of different topics. Choose from the categories above or just view the most recent articles here.
So You Think You Know The Law- Round 2
Posted: February 26th, 2010
By: Meredith Ganzman
Category: CLE Programming, Entertainment, Lawline.com, The News Beat, Videos
In Round 2, of Lawline's Legal Beat quiz, So You Think You Know The Law, it comes down to 1 title, 2 attorneys, and 5 questions. Who's knows the law better? Will it be Milton Norman and Adam Denenberg?
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Fun Faculty Facts- Alan Schnurman
Posted: February 25th, 2010
By: Meredith Ganzman
Category: CLE Programming, Entertainment, Lawline.com, Lawyer Profiles, The News Beat, Videos
In a final round of questions, Alan Schnurman reveals what maybe his own children did not know. With the help of the famous interviewer Bernard Pivot and his questionnaire, Alan answers the tough questions, like his favorite sound or alternative profession considerations. To see Alan's other interviews and courses go to Lawline.com and The Legal Beat.
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Lawline.com Chief Operations Officer Frank Bastone Featured in The Zweig HR Letter
Posted: February 24th, 2010
By: Lawline.com
Category: Lawline.com, The News Beat
In recognition for its recent inclusion in Best Companies New York's "40 Best Companies to Work for," Lawline.com's Chief Operations Officer Frank Bastone was featured in the February Edition of the Zweig HR Letter, a publication dedicated to highlighting the most innovative tactics on motivating and capturing the talent of employees. In the article, Bastone is attributed for his motivational innovativeness at Lawline.com and offers insights into the specific programs that led to the company's recent accolade.
Below is the featured article. Also refer here for the original publication from The Zweig HR Letter.
Look for Talent Everywhere and You Will Find It
A legal continuing education company puts brainstorming to good use.
When your firm needs fresh ideas— whether in the human resources department or on the front lines of business development—instead of always looking to the upper levels of management or the principals, how about opening the floor to everyone?
While at first blush it may seem like it invites chaos, one company has figured out how to put the old corporate saw of talent scouting and brainstorming into productive company-wide practices that give its employees a greater stake in idea-generation— and thus a greater sense of pride and ownership in the company.
Lawline.com (New York, NY), a 25- person company that provides online continuing education services to lawyers, was recently recognized by the New York State Society for Human Resource Management (NYSHRM) as one of the 40 Best Companies to Work for in New York. It will be honored with the award in April.
‘Real world school’
“We realize our greatest asset at Lawline.com is our employees and there are many specific examples of how we show this,” says Chief Operating Officer Frank Bastone.
Lawline.com makes it a policy to expose its employees to each department at the company.This allows them “to experience a full spectrum of our business development,” Bastone says.“We encourage them to take greater initiative in areas where they excel, and in return we help them further nurture that talent with increasingly greater responsibilities. “In essence,” he says,“we become a ‘real-world school’ that emphasizes and fosters the process of learning within the company.”
Bastone says Lawline.com’s focus on increasing its employees’ knowledge of the company from this perspective has made it a top place to work.
“We find that our employees develop a real vested interest in our company,” he says. “The passion they portray for their work and the passion they develop in growing our company have a synergistic effect on their motivation.This passion becomes contagious, and the positive environment that results is why we feel we were voted for this award.”
Cast a wide net for ideas
Lawline.com also makes it a point to mine that knowledge. Its HR department provides two ways that all employees can contribute ideas toward the growth of the company.
The first is called Innovation Days, Bastone says.
“During this meeting, we gather our entire staff and brainstorm ideas for new products, programs and innovations, utilizing a white board,” he says.“There are no limits, boundaries, or scope to the brainstorming session.”
Nor are there limits on who attends.
“Everyone, from our CEO to our newest intern, is given the opportunity to share and develop these ideas,” Bastone says. “At the end, we review and decide on the ideas that can improve the company and can be put into actionable steps.”
Exercise employees’ options
While internal idea generation has had great results, the company’s top brass is always on the lookout for new talent to add to the mix as well. It has found it in unexpected places.When Lawline.com’s president was exploring joining a gym for employees near the office, he was impressed with the corporate sales manager.
Lawline.com’s president hired the gym’s sales manager as a consultant to train employees in the company’s daily 8 a.m. meetings, which were eventually expanded into a program for the entire company.
“Our daily 8 a.m. meeting program began for our customer service department, but received such positive feedback that employees from separate departments began attending as well,” Bastone says.
“These meetings serve a multitude of purposes— from brainstorming and idea generation to motivational words and goal formations,” he says.“The results of this have been tremendous. Employee productivity has increased dramatically and the energy afterward has instigated great camaraderie and enthusiasm.”
And the consultant who started the whole idea? Three months later, the company hired him as full-time vice president of sales.
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Lawline Faculty Member Arlene G. Dubin in The New York Post
Posted: February 24th, 2010
By: Lawline.com
Category: Lawline.com, The News Beat
Arlene G. Dubin, a featured faculty member of Lawline.com, was quoted in The New York Post February 20 article "The New Sweetheart Deals." We at TheLegalBeat and Lawline.com would like to congratulate Arlene on her inclusion and all her success.
Arlene has filmed the CLE programs "Estate Planning for Unmarried Couples and Cohabitation Agreements" and "What's Up with Prenups, Postnups & Cohabs?" at Lawline.com.
The following is a news release from Moses & Singer regarding her quote in the NY Post.
Arlene G. Dubin, co-chair of Moses & Singer's Matrimonial and Family Law practice was quoted in the February 23, 2010 edition of the New York Post. In the article, "The New Sweetheart Deals", Arlene discusses the explosive trend in cohabitation agreements particularly in New York where an increasing number of couples are signing "dating prenups". Please click here to view the article. The article was also referenced by NY1 during its "In the Papers" segment. Click here and drag the play button to minute 1:15 to see the segment.
Arlene literally "wrote the book" on marital agreements; see Prenups for Lovers: A Romantic Guide to Prenuptial Agreements, www.prenupsforlovers.com. She is nationally recognized for prenuptial, postnuptial, cohabitation, paternity/parenting and divorce/settlement agreements. Arlene has appeared on many national TV and radio shows and has been quoted and referenced in numerous national publications. She also lectures extensively on the topic of marital agreements.
If you need counsel in the area of matrimonial law, please contact Arlene at 212.554.7651 or at adubin@mosessinger.com.
Since 1919, Moses & Singer LLP has provided legal services to diverse businesses and to prominent individuals and their families. Among the firm's broad array of U.S. and international clients are leaders in banking and finance, entertainment, media, real estate, healthcare, advertising, and the hotel and hospitality industries.
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Posted: February 24th, 2010
By: Jeff Reekers
Category: Law School, Lawline.com, The News Beat
Students applying for college have one chance to present themselves beyond their GPA, SAT scores, and extracurricular agendas. Traditionally, this platform has been the essay, in which most colleges strive to analyze the student’s writing capability, creativity, personality, and motivations. However, technology presents opportunities, and Tufts University is experimenting with admissions materials to gain greater insight into the indivduality of each applicant.
Tufts University is accepting short YouTube videos for potential students to attach along with their applications. The university has always been known for its unique applications, and it has always pushed for creativity within the process. This upcoming year for example, according to the New York Times, Tufts essays pose such questions as "Are we alone?", along with the option to "create something" out of a single piece of paper.
The videos do not yet carry the same weight in the application as other criteria yet, and for now are an optional addition. However, representatives of the school state that, unless inappropriate, vidoes generally cannot hinder the student's chances of admission. At the same time, video content allows for a platform that may be a more familiar form of self expression for many students.
Applicants should be wary not to associate innovate with lax, however, as Tufts remains one of the country's most prestigious universities. According to the 2010 US News & World Report college rankings, Tufts ranks as one of the top 20 most selective universities in the United States. Tufts was also recognized in the report as a top 30 undergraduate university in the United States, making it difficult for any traditionalist to argue with their methodology.
For a full report, please visit The New York Times.
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Posted: February 23rd, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawline.com, Technology Corner, The News Beat, Videos
How do you fix an economic deficit? Usually income tax receipts do the trick, but as the financial deficits in the U.S. are so vast, these taxes may fall short. A new tax, the VAT tax, has been proposed, which will be tacked onto products so that their manufactures directly pay the government, but will the tax add up? For more CLE courses focusing on tax law, go to Lawline.com.
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Philly School District Accused of Laptop Surveillance
Posted: February 22nd, 2010
By: Jeff Reekers
Category: Lawline.com, The News Beat
Think about student privacy and what comes to mind? Locker raids? Backpack searches? Parking lot investigations?
How about webcam surveillance?
A Philadelphia school district recently denied allegations after being accused of secretly using the school’s laptop computers to monitor student activities and behaviors at home via webcam. Philadelphia's Lower Merion School District stated their only use of activating the webcams was to find missing property. The district issues Macs to each of its 2,300 students.
Blake Robbins, a student of Lower Merion’s Harriton High School, along with his parents Michael and Holly, filed the lawsuit this past Tuesday. The student claims the school’s vice principal made accusations of him selling drugs off-campus based upon a photo taken on the school's laptop webcam. Their attorney further supports his defense by acknowledging there was no notification that the school’s laptops had such software installed or could be potential utilized.
The defense claims that the vice principle has been unjustly portrayed, and that the computer tracking feature and webcam’s only usage has been in the recovery of lost property.
The FBI is currently investigating the violation of wiretapping and computer-intrusion laws, according to the AP Press.
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Friday 5- So You Think You Know The Law
Posted: February 19th, 2010
By: Meredith Ganzman
Category: CLE Programming, Entertainment, Lawline.com, Lawyer Profiles, The News Beat, Videos
In this episode of the Friday 5, The Legal Beat is putting you to the test! In So You Think You Know The Law, Attorneys Adam Denenberg and Milton Norman test their legal trivia knowledge of famous attorneys. Who will come out on top and who will not pass? Tune in next week to find out!
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Fun Faculty Facts Thursday- Meet Jany Sabins
Posted: February 18th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawyer Profiles, The News Beat, Videos
Tax attorney, Jany Sabins, didn't plan on practicing tax law, but now it is the focus of her practicing. She also has invaluable advice for females breaking into the legal field.Go to Lawline.com to view Jany's course on estate tax planning,Tax Planning in Wills: Time is of the Essence.
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Wild Card Wednesday Lawline's Live at LegalTech with Clio
Posted: February 17th, 2010
By: Meredith Ganzman
Category: Business Development Skills, CLE Programming, Customer Experience, Entrepreneurship, Innovation, SHOWCASE CORNER, Technology Corner, The News Beat, Videos
In the last edition of Lawline's LegalTech series, I sit down with Jack Newton, co-founder and President of Themis Solutions' Clio SaaS. Newton discusses building legal technology for the mobile world and the process of launching a new product and business very quickly through customer relationships and feedback. Launching at LegalTech, Clio premiers mobile platforms including support for iPhone, Android and Palm Pre.Check out other LegalTech Interview with Index Engines and Legal Relay on The Legal Beat.
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Taxation Tuesday February 16, 2010- A Good Time To Do What?
Posted: February 16th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawline.com, The News Beat, Videos
As reported by The Wall Street Journal and MarketWatch.com, now is a good time to die, well that is if you are a multi-millionaire and want to avoid your loved ones paying taxes on your estate.
That's right, currently the US is tax free for at least estate taxes. This tax cut could amount to tens, even hundreds, of millions of dollars for America's wealthiest families. For some, it will be worth billions.
And although Congress may reinstate the tax, the longer it waits, the harder it will be to do.
But is this even constitutional and how are estate tax attorneys planning for the future in this time of the unknown? For answers such as these, just head right on over to Lawline.com for exclusive CLE programming such as that of tax attorney and Lawline Faculty member Jany Sabins.
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Fernando Pinguelo and Seton Hall Chat with The Legal Beat
Posted: February 16th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawyer Profiles, The News Beat, Videos
Lawline.com faculty member Fernando Pinguelo and his 15 law review students of his eDiscovery Course at the prestigious Seton Hall Law students will channel their insights on today's hottest eDiscovery issues right here through The Legal Beat.
Fernando has also published an extensive reviews on the topic of eDiscovery, and will soon be presenting The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses, at The Cardozo Arts & Entertainment Law Journal Annual Spring Symposium, March 4, 2010. Fernando's blog e-Lessons Learned ia an ABA Top 100 blog.
Check in with the Legal Beat to get all the latest briefs of Fernando and his students legal insights.
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SCG Legal PR Network Celebrates One Year Anniversary with 90% of Lawyer's Getting Press Attentions
Posted: February 16th, 2010
Category: Lawline.com, The News Beat
Congratulations on the following press release to our good friends at SCG Legal PR Network. They have a tremendous service and deserve all the recognition and good fortune that they will undoubtedly continue to find.
The company is celebrating its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.
Check out the full release.
NEW YORK—SCG Legal PR Network, a service that connects lawyers as sources with reporters seeking legal experts, today marked its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.
“Law firms are quickly learning that public relations and visibility are essential ingredients for business growth. However, given the current economic climate, law firms, like most businesses, are grappling with how best to get ROI on their marketing dollars. SCG Legal PR Network does this. When I think about all that SCG Legal PR Network has managed to provide, it’s hard to believe it has only happened in one year,” said SCG Legal PR Network Founder Paramjit L. Mahli. “Joining the right lawyers with the right members of the press was not always so streamlined. SCG Legal PR Network’s database of legal experts continues to grow throughout the country.”
Within its first year, SCG Legal PR Network has received over 160 international television and print press requests from media such as Associated Press, Bloomberg, Reuters, Guardian UK, CNN and many more. Thirty percent of SCG Legal PR Network’s lawyer members who have been contacted by the press have been interviewed twice or more within the first year.
“SCG Legal PR Network certainly levels the playing field for small firms that are just getting their feet wet in the world of PR,” said SCG Legal PR Network lawyer member Ginger D. Schröder of Schröder, Joseph & Associates, LLP. “In today’s fast- paced, 24/7 technological world, it doesn’t matter whether your law firm is in Albany, N.Y., or Lexington, Kan. Google has become the first point of reference, and this is precisely where building your leadership as an expert is critical. Services provided by businesses such as SCG Legal PR Network are invaluable. Very affordable for firms starting PR.”
Other accomplishments include SCG Legal PR Network’s law firm member roster expanding from domestic firms to global firms such as Chadbourne & Parke LLP and international legal groups such as the International Lawyers Network. The network also won the Gold MarCom Award for creativity and innovation last October.
About SCG Legal PR Network
SCG Legal PR Network is a global network that connects lawyers as expert sources with reporters and features a 24/7-accessible database of legal experts from a variety of areas. Its team is comprised of former award-winning journalists whose experience spans over three continents and 30-plus years in the field of journalism and public relations. The network was started by a former journalist, Paramjit Mahli, who has worked within news outlets like the Canadian Broadcasting Corporation (CBC), Financial Post, CNN, CNNfn and The Journal of Commerce. For more information about the SCG Legal PR Network,
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A Very Valentine's Day Friday 5
Posted: February 12th, 2010
By: Meredith Ganzman
Category: CLE Programming, Entertainment, Lawline.com, Lawyer Profiles, The News Beat, Videos
Happy Friday and Happy Valentine's Day! Lawline.com celebrates Valentines Day by remembering our loved ones, which are our faculty members of course!
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Friday Bonus- On the Line with Alan Schnurman Part 3
Posted: February 12th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawline.com, Lawyer Profiles, The News Beat, Videos
In the third and final installment of On the Line with Alan Schnurman, Alan discusses the stakes of New York real estate and making patience the key to any success. Go to The Legal Beat to view Part 1 and Part 2 of Alan's On The Line interview, and go to Lawline.com for exclusive Alan Schnurman CLE programming.
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Learn a Lesson from Smuckers®: Preserve Those BlackBerr(ies)
Posted: February 12th, 2010
By: Laura J. Tyson
Category: Lawline.com, The News Beat
Suddenly find yourself at the wrong end of a trade secrets litigation? Heed this advice: When the court says “preserve,” that means documents, files, data, and BlackBerry® smartphones. Thus, be sure to instruct your clients not to wipe the memory from their BlackBerrys or other handheld devices before turning them in; or else, your client may be subject to sanctions.
The defendants in a trade secrets theft case learned this lesson the hard way when the District Court in Florida slapped them with sanctions after they turned in freshly “wiped” BlackBerrys. The court interpreted the freshly sanitized BlackBerrys as evidence of bad faith that justified sanctions. But you might be thinking: “A BlackBerry wiped clean? Who cares! All the e-mails the other side could possibly want are readily available on the server.” This type of thinking could get you in trouble. Let’s see why.
After plaintiff Southeastern Mechanical Services, Inc. (“SMS”) prosecuted employees of a construction services company (“Defendants”) with theft of trade secrets, they obtained a court order requiring Defendants to preserve “all computer files, data, documents, or similar information on their computers” until otherwise notified. The court also prohibited Defendants from “destroying any and all information and documents potentially relevant to” SMS’s claims. Defendants’ in-house counsel properly requested employees to turn in their laptops and BlackBerrys, but seemingly failed to warn them to refrain from wiping the BlackBerrys’ internal memory.
The BlackBerrys ultimately made their way into the hands of SMS’s computer forensics expert who quickly determined that (a) they had been wiped clean, and (b) the “wiped-clean” condition was no accident. Even the Defendants’ own forensic expert conceded at a deposition that only “intentional actions” would result in a full BlackBerry data wipe. That was all the court needed to hear.
The court considered SMS’s requests to sanction Defendants by granting either (a) default judgment, (b) a ruling as to the improper use of trade secrets, or (c) an adverse inference jury instruction. In Florida, a court may impose sanctions based on evidence spoliation when the opposing party, in bad faith, destroys evidence it had a duty to preserve and that had once existed. The destroyed evidence must also be “crucial” to the other party’s case or defense. Thus, for the court to justify issuing the sanctions requested against Defendants, it would need to conclude that the deleted BlackBerry data was crucial to SMS’s case.
With minimal deliberation, the court first concluded that “evidence existed at one time” on the BlackBerrys and that Defendants had a duty to preserve that evidence. But was that evidence crucial to SMS’s case? And had Defendants deliberately wiped the BlackBerrys in bad faith?
The “crucial” requirement was easy. The court concluded that a “substantial and complete” destruction of data justified a finding that the destroyed evidence would have helped SMS’s case and its loss was prejudicial.
The court next noted that the BlackBerrys could have only achieved a “wiped” state following deliberate and intentional actions; and that it was “suspicious” that, following months of use, the BlackBerrys contained no “e-mails, text messages, calendar entries, or records of telephone calls.” It all reeked of bad faith. The court discounted the Defendants’ suggestion that SMS’s forensic expert could have accidentally deleted the files from the BlackBerrys.
Defendants argued that it didn’t matter that they had wiped the BlackBerrys before returning them because any e-mails that had been deleted were mirrored on their server, and they had already given SMS copies of those e-mails.
The court, however, was not impressed. It pointed out that Defendants had used their BlackBerrys for both work and personal e-mail accounts; and the personal e-mail accounts were not mirrored on the employer’s server. For one Defendant, the court calculated that approximately three weeks’ worth of potentially relevant data had been deleted. Based on all facts at hand, the court granted SMS an adverse inference jury instruction based on the Defendants’ failure to preserve their BlackBerrys.
While this case dealt specifically with BlackBerrys, the lesson learned should be applied to any smartphone or other handheld device that can store data, including iPods, digital cameras, and GPS devices. To avoid spoliation sanctions, make it clear to all employees that they should not perform any data wipes, system resets, scrubs, scours, or other similar actions once the duty to preserve exists. Bottom line: don’t go near the “Wipe Handheld” choice in the “Security Options” menu.
eLesson Learned:
When the court orders your client to preserve data, don’t let employees wipe their BlackBerrys® before turning them in. A wiped BlackBerry smartphone could translate into “bad faith” and might just induce a court to impose spoliation sanctions.
Author:
By day, Laura J. Tyson handles e-discovery issues for a boutique litigation firm in Roseland, NJ, while at night she completes her J.D. at Seton Hall Law School in Newark, NJ.
Case Citation:
Southeastern Mech. Servs. v. Brody, No. 8:08-CV-1151, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009)
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Fun Faculty Facts- Stuart Teicher
Posted: February 11th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawline.com, Lawyer Profiles, The News Beat, Videos
This attorney is a self proclaimed ethics geek, who bleeds scarlet red, and is ultimately just a frustrated performer a heart. Who is teaching at lawline? Attorneys meet your faculty member, Stuart Teicher.
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Legal Malpractice and the Use of a Disbarred Attorney
Posted: February 11th, 2010
By: Andrew Lavoott Bluestone
Category: Attorney Malpractice, Lawline.com, The News Beat
Actually we're a little shocked at the facts of this matrimonial action involving Thomas Liotti. in Coccia v Liotti ;2010 NY Slip Op 00917 ; Decided on February 9, 2010 ; Appellate Division, Second Department we see some very unusual language from the Appellate Division. Beyond reinstating [or more correctly put, modifying] the legal malpractice claims, the AD basically granted summary judgment wiping out attorney fees by Liotti on the almost unheard of use of a disbarred attorney and misleading the client into thinking that the attorney was in good standing.
Rather than explain, here is the decisional language:
However, the Supreme Court erred by, in effect, upon renewal, vacating the determination in the order entered September 13, 2007, denying that branch of the initial cross motion which was for summary judgment dismissing the sixth cause of action to recover damages for fraudulent inducement, based upon the defendant's alleged misrepresentation that the person who would be substantially responsible for her case was an attorney. The plaintiff alleged that she later learned that such person was a disbarred attorney, prohibited from practicing law, and that the defendant fraudulently concealed this information. Contrary to the Supreme Court's conclusion, we find that the defendant failed in his initial submissions to establish, as a matter of law, that the plaintiff did not justifiably rely upon his representation of this individual's status as an attorney in good standing.
The Supreme Court erred in denying those branches of the plaintiff's cross motion which were for summary judgment dismissing the first, second, and third counterclaims seeking to recover outstanding counsel fees.
Liability of Subsequent Attorneys in Legal Malpractice
Macaluso v Pollack, 2010 NYSlipOp 30276(U) , Justice Diamond, Nassau County presents an interesting story of how a case can get dismissed. Beyond the storyline, the case presents analysis of liability of predecessor/subsequent attorneys, how the dissolution of a partnership affects legal malpractice litigation, what subsequent attorneys can accomplish in the Second Circuit, and potential liability of associate attorneys.
The original attorneys were to represent plaintiff in an employment discrimination case, but negligently failed to follow court orders in US District Court. Eventually, the case was dismissed by the US District Judge, on one particular day in which the attorneys did not appear for a conference. This was apparently the last straw, as there had been many previous late filings, etc. So case is dismissed. Attorneys for plaintiff at that point were a partnership of two attorneys. These attorneys then file an appeal to the Second Circuit, but leave out several essential filings which dooms the appeal.
Employment Discrimination and Legal Malpractice
Carboni v Ginsberg; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.
Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has sued the attorneys within the appropriate statute of limitations time.
In a meticulous, fact specific decision, Justice Maltese writes that under CPLR 3211(a)(1) "the movant is required to demonstrate that the `documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.'"
No Right to Arbitrate Fee Dispute Despite Retainer Language
In Edelman v Poster; 2010 NY Slip Op 00788 ; Decided on February 4, 2010 ; Appellate Division, First Department we see a situation in which a matrimonial retainer agreement boldly stated a right to arbitrate, yet the Appellate Division, First Department, determined that client has no right to arbitrate
Here is the retainer language: "While I seek to avoid any disputes concerning the payment of our fee, in the event such a dispute does arise, you have the right, at your election, to seek arbitration, the results of which are binding on both parties. I shall advise you in writing by certified mail that you have 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and I shall enclose a copy of the arbitration rules and a form for requesting arbitration. If no action is pending and if you do not timely enforce your rights to enter into fee arbitration, I may commence legal proceedings against you to recover any unpaid fee "
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Posted: February 11th, 2010
By: Marty Latz
Category: Lawline.com, Negotiation, The News Beat
In her recent FT.com column, Memory doesn’t matter when you have the net, Lucy Kellaway humorously recounts recent memory lapses and multi-tasking failures. She considers several solutions, one of which is to make lists.
When preparing for a significant negotiation, we suggest you make three lists regarding your information needs.
First, list the information you want to get before you meet with your counterpart. Second, list the information you want to get during your negotiation. Finally, list the information you want to initially share and withhold.
Making lists will help you strategically and comprehensively think through the information gathering process. It will also help you avoid forgetting something important in the heat of the battle or when juggling several tasks.
Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research. He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
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Wild On LegalTech with Index Engines
Posted: February 10th, 2010
By: Meredith Ganzman
Category: Innovation, Lawline.com, Technology Corner, The News Beat, Videos
It's Wild Card Wednesday and The Legal Beat is just wild about the 2010 LTN, Legal Technology News, award winner, Index Engines. Making E-Discovery much more efficient and cost effective, Index Engines is revolutionizing the legal world. I sat down with Vice President Jim McGann at LegalTech 2010 and discovered the secrets behind Index Engine's E-Discovery.
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New Jersey and Stengart: Perfect Together?
Posted: February 10th, 2010
By: Fernando M. Pinguelo
Category: Lawline.com, The News Beat
So what is all the fuss about Stengart v. Loving Care Agency, Inc. et al.? Why are eDiscovelebrities and employment lawyers alike watching the case so closely? Why should YOU be watching? Privacy! (And eDiscovery, Of Course)
“It” (Stengart, the fuss, the Supreme Court of New Jersey, this post, all this blog attention) all boils down to whether this employee had a reasonable expectation of privacy in emails between the employee and her lawyer sent and received (during work hours) using the employer’s computer and IT systems.
According to the trial court, Stengart did not have a reasonable expectation of privacy and the emails were properly retrieved and used by the employer and its lawyers in defense of the lawsuit. According to the appeals court, not only did she (have a reasonable expectation of privacy), but also the appeals court took issue with the way the company lawyers handled the situation and queried whether the lawyers acted inappropriately when they retrieved and used these emails – and whether they should be sanctioned and/or thrown off the case. Ouch!
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Taxation Tuesday February 9, 2010
Posted: February 9th, 2010
By: Meredith Ganzman
Category: CLE Programming, Lawline.com, The News Beat, Videos
Taxation on Carbonation? A state tax on soda could soon hit the shelves. But would you still buy your favorite bubbly beverage if the tax popped and fizzled a few cents more? Or is this potential soda tax, just what the doctor ordered to fight the nationwide obesity epidemic? It's a very tasty Taxation Tuesday on The Legal Beat.
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The Beat Down February 8, 2010
Posted: February 8th, 2010
By: Meredith Ganzman
Category: CLE Programming, The News Beat, Videos
The Beat Down is back, bringing you your wrap-up of Lawline CLE news! In this week's episode: Law Firm Layoffs, Lawline's Live at LegalTech, and an Exclusive CLE promo with attorney and Assistant General Council of the New York Times, George Freeman.
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Wall Street Journal Cites Lawline.com for Real Estate Savvy
Posted: February 8th, 2010
By: Jeff Reekers
Category: Entrepreneurship, Lawline.com, The News Beat
Despite an economic environment that has crippled many small businesses, there is still opportunity to be found. The Wall Street Journal cited Lawline.com today for its ability to take advantage of a suffering real estate market.
Lawline.com has seen its workforce grow beyond the capacity of its current Downtown Manhattan office, and it has used an aggressive but patient approach in order to take full advantage of lower rent prices.
The following is an excerpt from the Wall Street Journal in regards to Lawline.com’s ability to capitalize on the down market:
“Take David Schnurman, president of Lawline.com CLE Inc., an online provider of continuing legal education, who needed more space for his growing work force.
When hunting for a new location last year, he put out queries on an entrepreneurs' mailing list—which netted a number of leads—and saw more than 50 spaces with six different brokers. Working with different agents was crucial, he says, because some had listings that the others didn't.
‘"It seems to be that there are more deals in the market than ever,"’ Mr. Schnurman says. ‘"For any company that's growing, this is a time to be a bit more aggressive.’"
Click here to read the rest of the article from the Wall Street Journal...
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Friday Five: Top 5 Legal Mistakes in Divorce Cases
Posted: February 5th, 2010
By: Meredith Ganzman
Category: Lawline.com, The News Beat, Videos
In this editition of the Friday Five, Legal Beat Host Meredith Ganzman and Executive Produce Jeff Reekers count down the Top 5 Legal Mistakes in Divorce Cases.
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Posted: February 5th, 2010
By: Marty Latz
Category: Lawline.com, Negotiation, The News Beat
In her recent FT.com column, Memory doesn’t matter when you have the net, Lucy Kellaway humorously recounts recent memory lapses and multi-tasking failures. She considers several solutions, one of which is to make lists.
When preparing for a significant negotiation, we suggest you make three lists regarding your information needs.
First, list the information you want to get before you meet with your counterpart. Second, list the information you want to get during your negotiation. Finally, list the information you want to initially share and withhold.
Making lists will help you strategically and comprehensively think through the information gathering process. It will also help you avoid forgetting something important in the heat of the battle or when juggling several tasks.
Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research. He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
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Lawline Live at LegalTech with LegalRelay
Posted: February 4th, 2010
By: Meredith Ganzman
Category: Lawline.com, The News Beat, Videos
The Legal Beat's Meredith Ganzman heads to New York's LegalTech to Interview LegalRelay CEO John Gilman. LegalRelay made a splash at the event with the launching of its legal version of Amazon.com Reviews.
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Posted: February 3rd, 2010
By: Meredith Ganzman
Category: Career Corner, CLE Programming, SHOWCASE CORNER, Videos
There are many times when lawyers who deal with estate planning and taxes will need to use an appraiser for different types of personal property. Lee Drexler, president of Esquire Appraisals, Inc. of New York City and Westchester, is an experienced appraiser of fine arts, furniture and jewelry and has seen many unique pieces throughout her career. We spoke with Lee recently and asked if she could share with us some of the more interesting things that she has seen over the years.
One such story that she shares in the video below is of a woman who wanted her to appraise her engagement ring. It appears the woman had take the ring in to be reset earlier and had never been fully satisfied with the look and feel of the ring afterwards. Well, as you might suspect, it didn’t take Ms. Drexler long to discover that in fact the ring she was given back was fake. Both the diamond and the gold that it was set in were no longer real. An awful fact to find out so many years later, but as Lee says, she is brought in to reveal an ugly truth a lot of times.
Lee Drexler recently filmed a presentation with James Cohen on the legal aspects of appraisals for CLE credit on Lawline.com. The program covers the issue from both sides, the attorney and the appraiser. Lee has also written a book called Fabulous Finds, where she shares stories like this about finding valuable pieces that nobody even knew existed.
To contact Lee Drexler, call 212-889-2580. Please enjoy the short video below, and look for the CLE lecture soon.
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Taxation Tuesday Times Two- February 2, 2010
Posted: February 2nd, 2010
By: Meredith Ganzman
Category: CLE Programming, The News Beat, Videos
Taxation Tuesday Times Two- Richard Roth and An Unfortunate Game of Pin The Tale on The Donkey
It's February 2 2010, and this is Taxation Tuesday. I'm Meredith Ganzman with hopefully your least taxing news of the week. Attorney and CLE Faculty Member Richard Roth discussed what CPA's should anticipate and prepare in 2010. In a time of financial crisis and potential economic recovery, will CPA's be stuck in an unfortunate game of Pin The Tale on The Donkey? Go to Lawline.com soon to view Richard's full course.
Taxation Tuesday Times Two- Part 2: Richard Roth and Staying F.I.T. for CPAs
Attorney and CLE Faculty Member Richard Roth discusses how attorneys should stay F.I.T. 2010, and no, that doesn't just mean going to the gym. Go to Lawline.com soon to view Richard's full course.
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Posted: February 1st, 2010
By: Meredith Ganzman
Category: Lawline.com, The News Beat, Videos
It's 19 degrees outside, but here in the studio, the Beat Down steams on, bringing your the HOTTEST Lawline CLE news. In this week's episode: California Deadline, The Golden Ticket, and a Lawline Exclusive CLE promo with Rocco C. Cipparone.



