Home Electronically In Touch Newsletter 2008 Issues March 2008

March, 2008

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 pfortino@twcny.rr.com.

Philip G. Fortino,
Editor

ARTICLES

The Problems of the Paperless Office
by Seth Azria, Esq.

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.

For many industries papers are merely a part of the supporting cast to the goods and services offered. For us, papers essentially are the goods and services offered. Very little happens until papers filed or letters sent. Our ability to produce, retrieve, organize and store the knowledge, ideas or events represented by those documents has a direct impact on our ability to serve clients. A file lost can have potentially grave consequences and there are always costs to absorb for time spent locating a document. In theory, at least, we have much to gain from microprocessors capable of executing billions of instruction per second to help balance the varied demands of a legal practice.

We are interested in practicing law, not fussing with the operation of computer. However, desiring convenience and efficiency of computers many of us turn to computer experts who often quote outrageous fees for esoteric software and equipment. We have to learn new practices and then become dependant on our providers to make the software and equipment work. As a result many attorneys forsake computers in favor of the familiar. But there is a safe, familiar, economically sensible and highly effective alternative.

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.

Computer users typically use only a fraction of the capability of modern software. In a matter of minutes we can learn techniques that result in massive returns. With only basic training we can learn generally applicable techniques that will save hundreds of hours and immeasurable aggravation. For me, the road to digital convenience and effectiveness was gradual, cheap, comfortable, and extremely effective. It was also completely within my control and current technology.

The time I spent learning the things I thought I knew, e.g. XP, Vista and Word, dramatically increased my efficiency and reduced frustration. There is a range of resources available for computer training; including books, videos and interactive tutorials. Amidst these options, I have a very strong preference for short movies, called screen casts. Screen casts demonstrate the techniques with narration so that a user can follow along on their own machine. There are websites, some free and some for a fee, that maintain collections of 5-15 minute movies that cover software applications and operating systems in short and informative segments.

The Basics of Workers’ Compensation
by Emily C. Grajales, Esq

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 possible.
In most cases the injured worker has two years from the date of the accident to file a case. If the injured worker fails to file for Workers’ Compensation they may lose their rights to the benefits. The form that the injured worker needs to file to begin the Workers Compensation case is called the –C-3.

This form can be obtained from the nearest Workers’ Compensation office or online. Once the injured worker fills out the form, they should immediately send it to the Workers’ Compensation Board. Injured workers need to understand that the Workers Compensation process does not really begin until this form is filed out, submitted and received by the Workers’ Compensation Board. The injured worker has two years to submit this form. Even if the Insurance carrier is cooperating the injured worker needs to file the C-3 to protect his or future rights.

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.

Real Property Update
by Nicholas M. Ihnatolya
Sneeringer Monahan Provost Redgrave
Title Agency, Inc.
50 Chapel Street
Albany, New York 12207
Phone: 518-434-0127
nihnatolya@smprtitle.com

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:

“NOTICE”
YOU ARE IN DANGER OF LOSING YOUR HOME

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.

SECTION UPDATES:

Commercial and Federal Litigation Section:

NYSBA Commercial and Federal Litigation Section Spring Meeting offers Young Lawyers Section members a Junior Track at reduced rates

The Commercial and Federal Litigation Section's 2008 Spring Meeting will take place on May 2-4, 2008 at The Equinox Hotel in Manchester, Vermont. This weekend promises to offer Section members a spectacular combination of up-to-the-minute CLE programs, professional networking opportunities, and sporting and cultural activities in the beautiful Green and Taconic Mountains.

Our keynote speaker at Friday night’s dinner will be Peter Bogdanos, Assistant District Attorney and author of the “Thieves of Baghdad”. Mr. Bogdanos relates his personal experiences as a Marine officer in Iraq where he was in charge of the investigation of the April 2003 looting of the National Museum of Iraq. The thefts are now linked to terrorist financing. This should be a most interesting evening.

There are two simultaneous programs each day. Track A for experienced litigators and Track B for junior attorneys.

Topics for the Saturday and Sunday MCLE programs are:

- How the Courts Supervise Electronic Discovery: Mock Presentations in State and Federal Court
- Social Networks, Bloggers and Internet Jurisdiction
- How to Use Effective Graphics at Trial
- Conducting an Effective Deposition
- Arguing Your First Motion in the Commercial Division
- Mediation Strategies – Introduction to Mediating the Complex Case
- In-House Counsel Panel: Using Better Communications and Common Sense to Enhance the Client Relationship
- Legal Ethics – New Issues Raised by Emails, Blogs and MySpace
- Civil Appeals: Strategies and Process in the New York Courts

The Saturday 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.

Hotel reservations are due on Wednesday, April 2nd, and space is limited, so please fax or e-mail your registration form to Lori Nicoll at NYSBA as soon as possible. lnicoll@nysba.org, fax no. 518.487.5564.

The program is currently downloadable with meeting registration and accommodation forms on our website at: www.nysba.org/comfedspring08.

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.

The Commercial and Federal Litigation Section Presents
Smooth Moves II for Attorneys of Color

CLE Panel - Pathways to the Bench
Awards Ceremony and Networking Reception

Monday, April 7, 2008 from 4:00 p.m. to 8:00 p.m.

The Stanley H. Kaplan Penthouse
Samuel B. & David Rose Building
70 Lincoln Center Plaza
165 West 65th Street
New York, New York

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

Section Chair
Carrie H. Cohen, Assistant United States Attorney,
Southern District of New York

Program Chairs
Hon. Barry A. Cozier, Epstein Becker & Green, P.C.
Carla M. Miller, Esq., Universal Music Group

Moderator
Hon. Zachary W. Carter, Dorsey & Whitney LLP

Panelists
Hon. George B. Daniels, United States District Judge, Southern District of New York
Hon. Marilyn Dolan Go, United States Magistrate Judge, Eastern District of New York
Hon. Marguerite A. Grays, N.Y. Supreme Court, Queens County, Commercial Division
Hon. Victor Marrero, United States District Judge, Southern District of New York
Former U.S. Magistrate Judge for the Eastern District of New York and former U.S. Attorney for the Eastern District of New
York, the Honorable Zachary W. Carter, will moderate a panel of distinguished jurists discussing issues of particular interest to attorneys of color and their career paths to the federal or New York State bench. Under New York’s MCLE rule, this program is pending approval for 1.5 MCLE credit hours (1.0 in Practice Management and/or areas of Professional Practice and 0.5 in Ethics and Professionalism).

Awards Ceremony and Reception
5:30 p.m. – 8:00 p.m.

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:
Hon. Barry A. Cozier
Epstein Becker & Green, P.C.
Program Co-Chair
Carla M. Miller, Esq.
Universal Music Group
Program Co-Chair
Carrie H. Cohen
Assistant United States Attorney,
Southern District of New York
Section Chair
Peter Brown, Esq.
Thelen Reid Brown Raysman
& Steiner LLP, Section Chair-Elect
Vincent J. Syracuse, Esq.
Tannenbaum Helpern Syracuse
& Hirschtritt LLP, Section Vice-Chair
Kyana R. McCain, Esq.
Thelen Reid Brown Raysman
& Steiner LLP, Section Secretary
Susan M. Davies, Esq.
Shalov Stone Bonner
& Rocco LLP, Section Treasurer
Commercial and Federal Litigation Section

Attendance at this event (including the CLE program) is complimentary. However, advance registration is requested by April 2, 2008.

Transcript of awards presentation generously donated by Ellen Grauer Court Reporting Co., LLC
Program Co-Sponsors
Judicial (Courts of Record) Section
Honorable Leonard Austin, N.Y. Supreme Court,
Nassau County, Commercial Division, Section Chair
Committee on Diversity
& Leadership Development
Kenneth G. Standard, Esq., Epstein Becker
& Green, P.C., Committee Co-Chair
Lorraine Power Tharp, Esq., Whiteman Osterman
& Hanna LLP, Committee Co-Chair
Committee on Women in the Law
Taa R. Grays, Esq., Metropolitan Life Insurance
Company, Committee Chair
Committee on Minorities in the Profession
Dolly Caraballo, Esq., Caraballo & Mandell LLC,
Committee Co-Chair
John Eric Higgins, Esq., Nixon Peabody LLP,
Committee Co-Chair
Entertainment, Arts and Sports Law Section
Kenneth N. Swezey, Esq., Cowan DeBaets,
Section Chair
Young Lawyers Section
Valerie M. Cartwright, Esq., Law Offi ces
of Frederick K. Brewington, Section Chair

This event is generously underwritten by the following sponsors*

GOLD SPONSORS
Chadbourne & Parke LLP
Flemming Zulack Willamson Zauderer LLP
FTI Consulting, Inc.
Morrison & Foerster LLP

SILVER SPONSORS
Connell Foley LLP
Fried Frank Harris Shriver & Jacobson LLP
Jenner & Block LLP
Labaton Sucharow LLP
Patterson Belknap Webb & Tyler LLP
Proskauer Rose LLP
Seyfarth Shaw LLP

BRONZE SPONSORS
Dewey & LeBoeuf LLP
Epstein Becker & Green, P.C.
Hogan & Hartson LLP
Law Offices of Douglas T. Tabachnick, P.C.
Locke Lord Bissell & Liddell LLP
Shalov Stone Bonner & Rocco LLP
Tannenbaum Helpern Syracuse
& Hirschtritt LPP

* As of March 10, 2008. List in formation. To sponsor this event please contact Sue Fitzpatrick at sfitzpatrick@nysba.org or (518) 487-5531.

How to Register
Attendance at this event (including the CLE program) is complimentary. However, advance registration is requested and space is limited. Email sfitzpatrick@nysba.org. NYBSA members may also register on-line at www.nysba.org by April 2, 2008.

Tax Law Section:

ALTERNATIVE CAREER OPPORTUNITIES FOR TAX LAWYERS
The Tax and Young Lawyers Sections of the NYSBA cordially invite you to a free special program featuring former tax lawyers at New York law firms who are now working outside the law firm environment who will talk about their experiences.

WHEN:
May 1, 2008
8:15 to 10:15 a.m.
(Breakfast included starting at 8:15 a.m.)

WHERE:
Simpson Thacher & Bartlett, LLP
420 Lexington Avenue, NYC
(across from Grand Central Station)

PANELISTS

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.

Gail Aidinoff 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.

Aliza Wein is a member of the Tax Planning group in the JPMorgan Chase Corporate Tax Department. Aliza works on issues that impact JPMorgan's own tax position, such as the restructuring of foreign businesses, the US tax consequences of structured financial products and various compensation and benefits issues. Prior to joining JPMorgan, Aliza spent four years as a tax associate at Fried Frank.

Please RSVP, with your complete contact information, by April 25 to:

Carol Reilly
careilly@nysba.org
Event Coordinator
New York State Bar Association
We look forward to seeing you!

NOTICES:

Lawyer Referral Service:

Interested in expanding your client base? Join the Lawyer Referral & Information Service (LRIS)

We are now offering through a special recruitment effort: Free LRIS membership to Young Lawyer Section Members who practice in the following counties: Allegany, Cattaraugus, Cayuga, Chenango, Cortland, Delaware, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Lewis, Livingston, Montgomery, Orleans, Oswego, St. Lawrence, Schoharie, Schuyler, Seneca, Tioga, Washington, Wayne, Wyoming, Yates.

For more information call 800.342.3661 or 518.487.5700m or visit www.nysba.org/joinlr

Eva Valentin-Espinal
Coordinator, Lawyer Referral and Information Service
NEW YORK STATE BAR ASSOCIATION
One Elk Street, Albany, NY 12207
518.487.5700 Phone
518.487.5694 Fax
evalentiN@nysba.org

Job Posting:

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 jbr@raskinmakofsky.com.

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:

Young Lawyers Section 70th Anniversary Celebration:
Friday, June 6, 2008
Reception at Katra Lounge
New York City

Saturday, June 7, 2008
CLE Program at Hughes, Hubbard & Reed, New York City
Group outing to Chelsea Pier to follow

Young Lawyers Section Fall Program
Friday, October 24-25, 2008
New York State Bar Association Headquarters
Albany, New York

For more information please contact Megan O’Toole, YLS Staff Liaison at (518) 487-5743, or via e-mail at motoole@nysba.org.

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

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