Welcome to the March issue of Electronically In-Touch. We are pleased to present a number of articles, notices and for the first time a job posting.
We accept articles on any subject and size. The only articles we are unable to accept are those which would make it appear as if the Section were endorsing a product or service. If you have an interesting topic, please feel free to submit it to me at firstname.lastname@example.org.
Problems of the Paperless Office
The concept of the
paperless office has been around since computers hit the mainstream. In
many cases, computers joined with the existing photocopiers to create a
stunningly easy, cheap and widely accessible way to produce mountains of
paper. “Printing it out” and “making a copy of
that” buried offices in mountains of paper and vaporized the
promise of the digital ease.
It is not
necessary to plunge headlong into the digital abyss to embrace the
technology. Instead of striving to capture the elusive benefits of the
paperless office with new equipment, software and procedures we should
focus on the equipment we already have. Everyone with a computer has an
operating system and a word processing program. Regardless of whether
that operating system is Windows XP, Vista or Mac OS X running Microsoft
Word or Corel WordPerfect, stunning gains in efficiency are waiting
inside the computers we already have.
of Workers’ Compensation
At the turn of the 1900-century the only option that an injured worker had to obtain some kind of relief was to directly sue their employer. The number of work related accidents and lawsuits were tremendous and the worker faced a huge task and possibly a long wait to obtain some relief.
For different reasons workers and employers as well as labor organizations were looking for a simpler system to address these issues.
What is known today as the Workers’ Compensation system was instituted in 1914 after a large number of immigrant workers, young Jewish and Italian women and men perished in a fire at the Triangle Shirt Waist Factory in 1911. It was enacted to ensure that workers who suffered injuries on the job or work related illnesses received timely medical treatment and wage replacement assistance.
The Workers’ Compensation system is a sort of compromise between the employer and the worker in which the worker has in essence given up the right to sue the employer directly. Of course there are exceptions. In exchange for losing their right to sue their employer directly, the injured worker receives the right to use the Workers’ Compensation system to obtain relief from their injuries through the receipt of medical treatment and wage loss. In theory this system is suppose to allow injured workers to obtain relief faster.
In a Workers’ Compensation case besides the injured worker, the case also involves an administrative law judge and the insurance carrier who works for the employer. The Workers’ Compensation case also involves the claimant’s doctors and an insurance carrier doctor who is known as “an independent” medical doctor. If the claimant chooses, the injured worker may seek to get an attorney to represent them in the Workers Compensation case.
The injured worker
needs to file for a Workers’ Compensation case as soon as
Under Workers’ Compensation, the injured worker may be entitled to one or two of the benefits. As mentioned previously, the injured worker may be entitled to medical and/monetary benefits. The medical benefit covers treatment, prescriptions and possible transportation expense to and from the doctors’ office and or treatment facility, medication, etc related to the work injury or work illness.
The payment of the monetary benefit is based on how much the worker was earning at the time of the accident. The benefit cannot be more than the maximum. Under the current Workers’ Compensation Law, the maximum monetary benefit at this time is $500 per week. The injured may also be entitled to other benefits such as pensions and social security disability.
Emily C. Grajales is a junior associate at McCarthy, Chechanover & Rosado and also serves serves Of Counsel to the Law Office of Jose M. Grajales. She is a graduate of Fordham University. She received her law degree from CUNY Law School at Queens College and she is a member of the Phi Alpha Delta Law Fraternity. Ms. Grajales has been involved in the area of Workers Compensation for over four years. In conjunction with the firm’s partners, she has participated in continuing legal education courses on Workers Compensation. In addition, she helped edit an article on Workers Compensation, which appeared in Tiempo NY in March 2006. Ms. Grajales is committed to ensuring that injured workers are treated fairly during the Workers Compensation process. She is licensed to practice in New York State and the Federal Southern District of New York.
From the refinance craze of years ago and the subsequent housing boom where home prices soared to the current trend of homes lingering on the market for months with variable rate mortgages adjusting higher; the last few years have been witness to extraordinary activity in the real estate markets throughout the United States.
The recent “credit crisis” which has gripped the nation and the economic markets has caused Governor Spitzer and the Legislature to take steps to prevent further harm to residential property owners who are facing foreclosure. On August 1, 2007 Section 1320 of the New York Real Property Action and Procedures Law (“RPAPL”) was enacted and became effective immediately. RPAPL Section 1320 requires that in an action to foreclose a mortgage on a residential property containing less than three units, the summons shall contain a new bold face notice in addition to what is currently required:
If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.”
Further Section 3215(g)(3)(iii) of the CPLR was amended so that the additional notice requirement in CPLR Section 3215(g)(3)(i) now applies to residential mortgage foreclosures and provides the following:
“When a default judgment based upon nonappearance is sought against a natural person in an action based upon nonpayment of a contractual obligation an affidavit shall be submitted that additional notice has been given by or on behalf of the plaintiff at least twenty days before the entry of such judgment, by mailing a copy of the summons by first class mail to the defendant at his place of residence in a envelope bearing the legend “personal and confidential” and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt…”
With the rise of centralized “foreclosure shops” and fewer practitioners bringing foreclosure actions, an interesting technicality for those attorneys representing a foreclosure defendant is that though the additional notice under the RPAPL is only required for residential properties containing less than three units, the notice requirements under the CPLR does not contain such a unit limitation.
WARNING… SYSTEM ERROR: Erroneous Federal Tax Lien Releases
Due to an Internal Revenue Service (IRS) system error on August 5, 2007, invalid lien releases were sent to an unspecified number of taxpayers. This mater impacts all states and the IRS was able to stop the shipment of releases that would otherwise be sent to local recorder’s office, but could not stop the shipment of the taxpayer’s copy. Thus, any IRS lien releases dated August 5, 2007 and marked “Taxpayer Copy” should be confirmed with the IRS even if it has been recorded.
AND IT KEEPS GETTING MORE EXPENSIVE TO SELL PROEPRTY: Local Transfer Tax
Continuing the trend of local municipalities imposing additional transfer tax for the sale of real property, as the Town of Red Hook levied during this past summer, Columbia County is the next region where it will be a little more expensive to sell real property. Effective December 1, 2007, any deeds recorded on or after that date in Columbia County will incur an additional local transfer tax at the rate of $1.00 for each $500.00 of consideration. The first $150,000.00 of consideration on a single family residence is exempt. The tax is payable by the grantor unless the grantor is exempt from the payment and it then passes to the grantee. The tax will not apply to property under contract prior to the effective date of the tax; however, sufficient proof of the contract’s existence prior to the effective date is required. To obtain a copy of the Columbia County Supplement Real Estate Transfer Tax Return (which will be needed along with the TP-584 for recording), please visit our website at www.smprtitle.com and click on Industry News.
Portions of this article have been previously published by the Albany County Bar Association and Saratoga County Bar Association.
Commercial and Federal Litigation Section:
Commercial and Federal Litigation Section Spring Meeting offers Young
Lawyers Section members a Junior Track at reduced rates
evening dinner will feature the presentation of the 2008 Robert L. Haig
Award for Distinguished Public Service to Honorable P. Kevin Castel,
United States District Judge, Southern District of New York.
Please note that the Commercial and Federal Litigation Section has been kind enough to have special pricing and CLE’s for Young Lawyers Section Members so please take advantage of this opportunity to attend this event.
Commercial and Federal Litigation Section Presents
CLE Panel -
Pathways to the Bench
Monday, April 7, 2008 from 4:00 p.m. to 8:00 p.m.
The Stanley H.
Guest of Honor and Recipient of the 2008 Honorable George Bundy Smith Pioneer Award Cesar A. Perales, President and General Counsel, Puerto Rican Legal Defense and Education Fund
The Honorable George Bundy Smith will present the Commercial and Federal Litigation Section’s 2008 Honorable George Bundy Smith Pioneer Award to Cesar A. Perales, President and General Counsel of the Puerto Rican Legal Defense and Education Fund. The New York Bar Foundation will announce the recipient of the Commercial and Federal Litigation Section’s 2008 Minority Law Student Summer Fellowship. The awards ceremony will be followed by a cocktail reception with music by students of the Juilliard Institute for Jazz Studies.
Smooth Moves II
for Attorneys of Color is presented by:
Attendance at this
event (including the CLE program) is complimentary. However, advance
registration is requested by April 2, 2008.
This event is generously underwritten by the following sponsors*
* As of March 10,
2008. List in formation. To sponsor this event please contact Sue
Fitzpatrick at email@example.com or (518)
ALTERNATIVE CAREER OPPORTUNITIES FOR TAX
Lisa Levy of Fried Frank will moderate. Lisa is a tax partner resident in Fried Frank's New York office. She joined the Firm in 1993 and became a partner in 1998. She specializes in the taxation of mergers and acquisitions, international and cross-border transactions and financial instruments, including debt and equity offerings, financings, asset and insurance securitizations and derivatives.
John Apadula is VP and Tax Counsel at NBC Universal. John heads the Transactions and Planning group at NBCU, with primary focus on M&A but is also regularly involved in advising on operational issues. Previously, he practiced at Dewey Ballantine (now Dewey LeBoeuf) in the M&A and financial products areas.
Nicole Cammarota is an attorney in the Large and Mid-Sized Business Division of the IRS's Office of Chief Counsel in Manhattan. Nicole joined the Office of Chief Counsel immediately upon graduating from law school as part of the office's honors program. Nicole is the lead Industry Counsel for Securities and Financial Services Firms and is responsible for coordinating issues for these taxpayers nationwide, including the development of IRC section 475 mark-to-market issues. She is also the Fraud Coordinator for the Chief Counsel's Northeastern region, where her responsibilities include criminal referrals, civil fraud cases and informant matters for the area.
Mitch Engler is a Professor of Law at the Benjamin N. Cardozo School of Law. Previously, he was a tax associate at Fried, Frank, Harris, Shriver & Jacobson. At Cardozo, Mitch teaches federal income tax and corporate tax among other classes. He also has a written a number of tax policy articles.
Rebecca Gideon is Assistant Counsel of The Metropolitan Museum of Art. Previously she was an associate at Sullivan & Cromwell in the Estates and Personal Department. She currently handles tax, trust and estate matters at the Museum.
Yakov D. Mirocznik is an Investment Banking Associate in the Global Finance Solutions group at Lehman Brothers. Previously he was a tax associate at Davis Polk. As an investment banking associate, Yakov works on tax structuring related to derivatives and financial products, capital market transactions and financings as well as cross border transactions. Prior to his experience at Davis Polk, Yakov was a mathematics lecturer at City University of New York.
Scovell is Counsel to the President at Hunter College. Previously she
was General Counsel of the Guggenheim Museum. Gail began her career as a
tax associate at Cleary, Gottlieb, Steen & Hamilton. As Counsel to
the President, Gail advises primarily on contracts, governance, labor
and employment matters, fundraising and tax exemption issues,
intellectual property matters, first amendment issues, litigation, and
matters related to student affairs.
Please RSVP, with your complete contact information, by April 25 to:
Lawyer Referral Service:
expanding your client base? Join the Lawyer Referral & Information
Raskin & Makofsky, a Garden City Elder Law and Estate Planning firm, is looking for an associate with two plus years of full time experience. Litigation and/or trust and estate or elder law experience a plus. Please send resume by fax 516-228-6522, or email firstname.lastname@example.org.
The New York
State Bar Association's Young Lawyers Section (YLS) does not endorse the
companies or lawfirms that may post a job posting on this forum.
SAVE THE DATES:
Lawyers Section 70th Anniversary Celebration:
Saturday, June 7, 2008
Lawyers Section Fall Program
For more information please contact Megan O’Toole, YLS Staff Liaison at (518) 487-5743, or via e-mail at email@example.com.