Home Electronically In Touch Newsletter 2007 Issues July 2007/August 2007

July/August 2007

Dear YLS Member:

Welcome all to the July-August issue of Electronically In-Touch.  This issue will update you not only on the upcoming events the YLS has planned for you but we are pleased to have some of our section liaisons update us on their respective sections.  We thank them for their contribution to this issue and strongly encourage all section liaisons to use this publication to keep the YLS informed of the substantive law sections’ upcoming events.

There is also a new section we are launching where you can give suggestions for CLE programming.  We are also letting you know about some new CLE programs coming up this fall. 

This is a member-driven publication, so please do not hesitate to send us an article. Submissions should be sent to me at pfortino@twcny.rr.com. Electronically In Touch is a monthly publication. The deadline for submissions is the 10th of the month.

Philip G. Fortino, Esq.
Editor

Upcoming YLS Events

Regional Executive Committee Meetings

The Young Lawyers Section Executive Committee will convene for its second meeting of the Section year.  In an effort to accommodate work-related schedules and commitments, and to encourage attendance and participation at the meeting, we have planned to bring the meeting to you by holding five regional meetings.  All Young Lawyer Section Members are welcomed and encouraged to attend. Meetings are scheduled to take place at the following locations, and are also available via conference call. If you plan to participate, please notify Megan O’Toole at motoole@nysba.org.

Call in number: 1.866.409.4300
Access code: 4875743#

August 20, 2007           
Nassau/Suffolk (Office of Scott E. Kossove)
L’Abbate, Balkan, Colavita & Contini, L.L.P.
1001 Franklin Avenue, Garden City, New York11530
5:00 – 7:00 PM

August 21, 2007         
Albany
The New York State Bar Association, Peck Room
One Elk Street, Albany, New York 12207
5:00 – 7:00 PM

August 22, 2007
Hurwitz & Fine, P.C. (Office of Audrey A. Seeley)
1300 Liberty Building
Buffalo, NY 14202
5:00 – 7:00 PM

August 23, 2007    
Westchester (Office of Joseph P. DePaola)
KAUFMAN BORGEEST & RYAN LLP
200 Summit Lake Drive
Valhalla, New York 10595
5:00 – 7:00 PM

August 24, 2007
Hughes Hubbard & Reed LLP (Office of Meredith M. Stead)
1 Battery Park Plaza
New York, NY 10004-1482
5:00 – 7:00 PM

These meetings will acquaint new and returning members with the 2007-2008 Executive Committee; will give you an opportunity to learn more about duties and responsibilities; and will give us an opportunity to talk about the Section’s goals, activities, and initiatives for the coming year.  A light dinner will be served at each meeting. Business will be concluded by 7:00 p.m.  The success of the Young Lawyers Section depends on your active involvement. 

Fall Program

Young Lawyers Section Fall Program
Friday, October 19 - Saturday, October, 20, 2007

Filled with CLE CREDIT!

We are pleased to announce the 2007 Fall Program of the Young Lawyers Section. This year the meeting will be held on Friday, October 19 - Saturday, October 20 at the New York State Bar Headquarters in Albany, New York. The fall is a great season to visit the capital of New York State. Albany is a city rich with history and culture not to mention an easy location to get to! The program this year is filled with interesting and diverse topics and speakers.

Friday, October 19, 2007

1:30 p.m.
Registration
Executive Committee Meeting & Committee Meetings

4:00 p.m. -5:15 p.m.
Ethics - Attorney Advertising – What are the Rules?

5:30 p.m. – 7:00 p.m.
Welcome Reception

Dinner on your own

Saturday, October 20, 2007

8:00 a.m.
Registration

10:00 a.m. – 11:30 a.m.
Social Event TBA – for Spouses & Guests

8:30 a.m.
Welcoming Remarks - Section Chair and Program Chair - Valerie Cartright, Esq. and Sherry Levin Wallach, Esq.

8:40 a.m.
General Session
Local Court Practices – filing documents, fees, courtroom practices

9:30 a.m. – 12:30 p.m.
The Basics of the Residential Closing
Commencing a Family Court Action
Writing the Simple Will & Other Basic Estate Practices

10:25 a.m. – 11:15 a.m.
Settlement Negotiations – How to be a Successful Negotiator
Managing a Collections Case
Entertainment Law - An Overview

11:20a.m. – 12:10 p.m.
New Issues in Immigration Law
Business Contracts – What you need to know
The Ins and Outs of Landlord Tenant Court

12:30 p.m. – 1:30 p.m.
Luncheon

1:30 p.m. – 2:20 p.m.
The Basics of the Residential Closing
Writing the Simple Will & Other Basic Estate Practices
Settlement Negotiations – How to be a Successful Negotiator

2:20 p.m. – 3:10 p.m.
General Session
Law Practice Management:
Websites – Using the Web to Promote Your Practice
All You Needed to Know about Client Intake but Did Not Ask

3:10 p.m. – 4:50 p.m.
General Session
Ethics Issues for the Young Lawyer Part 11 – Escrow Account Management

6:30 p.m. – 9:30 p.m.
Reception and dinner
Albany Institute of History and Art

Registration and program information will be sent in the coming weeks. We look forward to seeing you in Albany!

Section Liaison Updates

Business Law Section

The Business Law Section and the Young Lawyers Section of the New York State Bar Association invite you to a Private Evening Cruise and Reception aboard the luxury yacht Zephyr on Monday, September 17, 2007, 7:00 – 9:00 p.m. Boarding Time: 6:45. Leaving from South Street Seaport. Wine, beer and hors d’oeuvres will be served.

Cost: $50.00 for NYSBA Business Law or NYSBA Young Lawyers Section members. $90 for non-section members. You may join the Business Law Section free prior to the event and receive the member rate for the cruise.  To join* the Business Law Section to get the member rate, contact Stephanie Bugos at 518-487-5524 or sbugos@nysba.org. Space is limited, so don’t delay!  Due to space limitations, we must limit attendance to participating attorneys. Registration and pre-payment required no later than Sept. 6th. Register online at www.nysba.org/BusinessLawCruise07, or send a check made payable to: New York State Bar Association, Attn: Stephanie Bugos, One Elk Street, Albany, NY 12207.

Membership Committee Chair: Andrea Elder-Howell - aelder@sempratrading.com 

*Membership in the New York State Bar Association is required in order to join a section of the association.  Offer valid for new section members only.  If you are not an association member and join by October 31st, you will receive free association and Business Law Section membership through 12/31/07.  If you join the association for 2008, you will receive Business Law Section membership free for 2008.

Family Law Section
Sharon T. Hoskins, Esq.

The Family Law Section had its Summer Meeting at the Equinox Hotel in Manchester Village, Vermont from July 12 - 15, 2007.  We had the pleasure of enjoying great outlet shopping, golf, spa treatments, cocktail parties, dinner with colleagues and fresh, clean mountain air, while still managing to squeeze in a CLE program that included a Matrimonial Law Update and a special segment about how matrimonial issues are dealt with in England.  This year, we were delighted to have an unprecedented number of first time attendees to the Summer Meeting.  The FLS Executive Committee meeting focused on the recruitment of young lawyers to the Section.  We are looking for ways to entice new/young lawyers to join the Family Law Section.  Some suggested methods include discounts for the FLS annual meeting luncheon in January and cocktail parties following afternoon CLE programs.  If you have any suggestions, please contact me, Sharon Hoskins, at shoskins@katskykorins.com .  We will be organizing a special event to bring new and experienced family law attorneys and judges together in the near future.  Please look out for details.

Join a FLS Committee

Are you interested in a particular FLS committee?  You do not need to be a member of the FLS Executive Committee to join any of the other existing FLS committees.  You need only be a member of the Family Law Section.  So, join a committee, today!  Go to www.nysba.org to see a list of the 23 FLS committees.

New FLS Listserve

The new FLS listserve has been up and running since June 2007.  Many attorneys, both new and experienced, have logged on both to seek and to give advice on various issues and the discussions have been lively and interesting.  You must be a member of the FLS to join the listserve.  Go to www.nysba.org to join.

New Law - Section 250 of the Domestic Relations Law

The NYS Legislature recently enacted new law -- DRL Section 250, which changes the statute of limitations for a spouse to attack or raise as a defense, a prenuptial or postnuptial marital agreement from six years to three years.  More importantly, the three-year statute of limitations is tolled during the parties' marriage until a matrimonial action or proceeding is commenced or the death of one of the parties.  Section 250 resolves the split between the first and second departments as to whether the statute of limitations should be tolled during marriage so that parties in an intact and viable marriage would not be forced to review and seek to invalidate their prenuptial or marital agreements within the specified time limit, possibly creating unnecessary marital strife.  The new law became effective immediately upon signing on July 3, 2007 and does not apply to separation or marital settlement agreements.  

Torts, Insurance & Compensation Law Section
John H. Snyder, Esq.

The Torts Insurance and Compensation Law Section (TICL) remains focused on involving more young lawyers in their section activities.  One of their primary goals at the present time is to try and involve at least one young lawyer on all of their CLE panels.  Anyone with a focus or interest in this area of law who would like to potentially participate as a future CLE speaker should feel free to contact me at any time.  For all those looking to travel, you should look for more information on the TICL sections meeting in San Diego next April.  The meeting should be a great chance to obtain CLE credit, network and enjoy a wonderful city.  Anyone looking for more information on anything regarding TICL should feel free to get in touch.

John H. Snyder
Levene, Gouldin & Thompson, LLP
605 French Road
New Hartford, NY 13413
Phone: (315) 732-8661

Real Property Law Section
Karen DiNardo, Esq.

Don't miss out on a great opportunity for YLS members to network and to discuss real property issues with seasoned members of the Bar.

The next "Cases and Cocktails" gathering will be held September 11, 2007 Are you ready for a good time and a discussion of the latest developments in Real Property Law?

The Upstate Members of the Real Estate Finance Committee are sponsoring these informal gatherings to be held throughout the year in the Rochester, Buffalo, Syracuse and Albany areas.  As a participant, you need to bring only a recent real estate case or real property issue for discussion – the rest is on us. Come have some fun, and take advantage of this opportunity to discuss real estate finance issues with your cohorts. Laura A. Monte of Hodgson Russ has offered to host the second gathering at the firm’s Buffalo office: The Guaranty Building, 140 Pearl Street, Suite 100, Buffalo. Cocktails at 5:30 p.m. and discussion at 6:00 p.m. Kindly RSVP to Susan Braun by September 5, 2007 at sbraun@hodgsonruss.com or (716) 848-1332.

With the assistance of Sharon Prise Azurin of Phillips Lytle LLP, this gathering will be held in conjunction with the Bar Association of Erie County Banking Law Committee. Don’t miss this opportunity to socialize and share ideas!

CLE Suggestions

Do you have a great idea for a CLE program?  How about a specific topic to add to an existing program?  Katherine Suchocki, Esq., Staff Attorney for the CLE Department wants your ideas for future CLE programs.  This includes new program ideas as well as hot topics or modifications for existing programs. We will post your ideas in the Electronically In-Touch so we can generate interest about the suggestions.  Please submit your ideas to me at pfortino@twcny.rr.com and to Ms. Suchocki at ksuchocki@nysba.org.

All submissions that are used in the Electronically In-Touch will be published anonymously unless otherwise directed.

Upcoming NYSBA CLE Programs

HANDLING A NO-FAULT CASE:  The Fundamentals and Strategies for Representing Plaintiffs and Defendants

Almost every attorney is asked sooner or later to assist a client with the complex legalities that follow an automobile accident.  This program will cover new developments in No-Fault law, New York’s serious injury threshold and coverage issues.  The program will feature a brief demonstration based on a hypothetical fact pattern.

Get the answers to these questions and many more.

What is No-Fault coverage?

When and where do you file a No-Fault claim?

What are the time limits?

What is the Motor Vehicle Accident Indemnification Corporation (MVAIC)? 

What happens if expenses exceed the $50,000 available under No-Fault?

What is New York’s No-Fault Serious Injury Threshold?

When do claims go to arbitration?

Thursday, October 11, 2007 -  New York City -  Radisson Martinique on Broadway

Friday, October 12, 2007 -  Albany -  Albany Marriott

Thursday, October 18, 2007 -  Syracuse -  Holiday Inn Carrier Circle

Friday, October 19, 2007 - Melville, LI - Hilton Huntington

Thursday, November 1, 2007 -  Buffalo -  Ramada Inn & Conference Center

CONSTRUCTION SITE ACCIDENTS:  The Law and the Trial

Each year thousands of construction workers are injured or killed in construction site accidents.   Although construction companies are required under the law to inspect each site with safety engineers and implement a wide variety of safety measures, construction workers face a greater risk of work-related injury or fatality than employees in any other U.S. industry. A construction worker involved in a work related accident in addition to a workers’ compensation claim may have a third party law suit against the general contractor and/or owner of the construction site pursuant to Sections 200, 240 and 241(6) of the New York Labor Law. The first half of this seminar will provide an overview of the statutes and regulations governing construction site accidents. Insurance, indemnity and ethical issues and recent developments will also be discussed.  In the second half of the seminar, presenters will address strategic, evidentiary and tactical concerns and provide live demonstrations of critical components of the trial of a labor law case.

Friday, September 28, 2007 – Albany - Albany Marriott

Friday, October 12, 2007 - Uniondale, LI - Long Island Marriott

Friday, October 19, 2007 - Syracuse - Renaissance Syracuse Hotel

Thursday, November 15, 2007 - New York City - Affinia Manhattan

Friday, November 16, 2007 - Buffalo - Ramada Hotel & Conference Center

PROSECUTING AND DEFENDING MEDICAL MALPRACTICE CLAIMS

A must for both new and experienced attorneys, this practical seminar will provide an overview of the key issues in medical malpractice litigation through a combination of lectures and practical demonstrations.  Learn how to determine the relevant standard of care, how to prepare your case, how to avoid common pitfalls and how to examine expert witnesses.

Wednesday, October 17, 2007 - Syracuse - Sheraton Syracuse University Hotel & Conference Center

Friday, October 19, 2007 - Buffalo - Hyatt Regency

Friday, October 26, 2007 - Albany - Holiday Inn Albany-Wolf Road

Thursday, November 1, 2007 - Long Island - Holiday Inn Plainview

Friday, November 2, 2007 - Rochester - Holiday Inn Airport

Wednesday, November 7, 2007 - New York City - New York's Hotel Pennsylvania

SPECIAL EDUCATION LAW UPDATE 2007

Disputes in special education law typically arise when parents don't agree with school administrators' proposed individualized education programs. In disputed cases, parents typically charge that the school system is either not doing enough or is providing the wrong services for their child.

If you represent, or are thinking about representing a school district or a client whose child has a disability, this timely seminar will provide you with an overview of special education law and bring you up to date on the latest developments and recent changes. Featuring a panel of authoritative practitioners, the program will explore critical issues affecting every special education law practitioner and provide insights on how to effectively represent your client when special education issues are at hand.

Friday, October 26, 2007 - Buffalo - Holiday Inn Amherst

Friday, November 16, 2007 - New York City - Radisson Martinique on Broadway

Wednesday, November 28, 2007 – Albany - New York State Nurses Association

SECURITIES ARBITRATION AND MEDIATION 2007

Leading members of the claimants and defense bar will provide their views and insights on issues ranging from the filing of a claim through discovery and the actual hearing of the case.  Senior administrators from the NYSE and the FINRA, arbitrators, mediators, and counsel for claimants and respondents will share step-by-step advice on how to conduct hearings in the most effective way for their clients.

Thursday, November 29, 2007 - New York City - New Yorker Hotel

NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207   PH: (518) 463-3200   FX: (518) 487-5517

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