2018 FALL MEETING
September 28-29, 2018
The Westin Buffalo | 250 Delaware Ave. | Buffalo NY 14202
Hotel Rooms: $169 a night
Book your hotel room online today!: https://www.starwoodmeeting.com/Book/NewYorkStateBarAssnRoomBlk2018 or call The Westin Buffalo at 716-858-5900 (Mention the New York State Bar Association Room Block to receive the discount)
8.0 Total MCLE Credits - 5.5 Professional Practice, 1.5 Ethics, 1.0 Diversity, Inclusion and Elimination of Bias (1.5 credits -1.0 Professional Practice and .5 Ethics - are Transitional and are suitable for newly admitted attorneys) The
rest of the program is non-transitional and therefore cannot be used to fulfill
MCLE requirements for newly admitted attorneys.
Section Member: $240.00
NYSBA Member: $275.00
Non-NYSBA Member: $375.00
Section Member Friday Only: $125.00
NYSBA Member Friday Only: $160.00
Non-NYSBA Member: $225.00
Section Member Admitted 5 years or less: $140.00
NYSBA Member Admitted 5 years or less: $175.00
Guest (a la carte pricing):
Box lunch: $20
Friday, September 28
11:30 a.m. Registration
12:30 p.m. – 2:00 p.m. - CLE for Transitional Credit (Experienced Attorneys Also Welcome!)
Introductions – Program Co-Chairs
12:30 p.m. - 1:00 p.m. - NYS Freedom of Information Law (FOIL) Basics (0.5 credits in Professional Practice, Transitional Credit)
Speaker: Chris G. Trapp, Esq., Greco Trapp, PLLC, Buffalo
1:00 p.m. – 1:30 p.m. - Notice of Claim Basics (0.5 credits in Professional Practice, Transitional Credit)
This presentation will examine the purpose, proper procedure, and critical nature of the Notice of Claim pursuant to General Municipal Law § 50-e. The presentation will look at the Notice of Claim from the perspective of the Plaintiff and the Municipality.
Speaker: John Campolieto, Esq., Municipal Attorney, City of Rochester
1:30 p.m. – 2:00 p.m. - Ethical Issues for New Public Sector Attorneys – Reliance on a Supervisor’s Resolution of a Question of Professional Duty (0.5 credits in Ethics, Transitional Credit)
Using relevant NYSBA Ethics Opinions, this presentation will address the situation where a subordinate lawyer is directed by a supervising lawyer to act in a manner that raises ethical concerns for the subordinate lawyer.
Speaker: James D. Bilik, Esq., Arbitrator and Mediator, Albany
2:00 p.m. – 5:30 p.m. - General Session
2:00 p.m.– 2:10 p.m. Welcoming Remarks | Introductions – Program Co-Chairs
2:10 p.m. – 2:35 p.m.- Update from the State’s 2018 Legislative Session (0.5 credits in Professional Practice)
This presentation will review significant legislation that was enacted in the past legislative session, with particular focus on legislation that impacts municipalities. We will also discuss initiatives that did not pass this time around, but may be brought up again in the near future. Speaker: Charles W. Malcomb, Esq., Partner, Hodgson Russ LLP, Buffalo
2:35 p.m. – 3:25 p.m. - Recent Federal Tax Law Changes and Federal Tax Hot Topics for Municipalities and State Government, Including Remedial NYS Legislation (1.0 credits in Professional Practice)
This presentation will focus on the effects of the recently enacted Tax Cuts and Jobs Act (TCJA) on municipalities and state government, including remedial New York State legislation. This presentation will also highlight some of the common federal tax law issues for tax-exempt bond financings, including private business use, post issuance compliance, IRS initiatives, and more.
Speaker: Marla Waiss, Esq., Partner, Hodgson Russ LLP, Buffalo
3:25 p.m. – 3:40 p.m. Refreshment Break
3:40 p.m. – 4:30 p.m. - SEQRA – 2018 Amendments (1.0 credits in Professional Practice)
This presentation will cover the 2018 amendments to the regulations that implement the State Environmental Quality Review Act.
Speakers: Lawrence H. Weintraub, Esq. and Thomas J. King, Esq. Office of General Counsel, NYS Department of Environmental Conservation, Albany
4:30 p.m. – 5:20 p.m. A Half Century of Home Rule in New York (1.0 credits in Professional Practice)
In an era of gridlocked partisanship, local governments are emerging as sites of innovative and forward-looking policymaking. But despite the adoption of “Home Rule” in New York, the power of its cities and other localities remains uncertain. This presentation examines the current state of Home Rule in New York, and what it means for state-local relations and the future of local democracy.
Speaker: Rick Su, Professor of Law, University at Buffalo School of Law
5:20 p.m. – 5:30 p.m. - Closing Remarks
5:30 p.m. – 6:30 p.m. Please join us in the Courtyard for a reception.
Dinner is on your own tonight.
Saturday, September 29
8:00 a.m. Registration and Continental Breakfast
9:00 a.m. – 12:00 p.m. General Session
9:00 a.m. - 9:10 a.m. - Welcoming Remarks | Introductions – Program Co-Chairs
9:10 a.m. – 10:00 a.m. - Latest Developments on Sexual Harassment and Discrimination in the Public Workplace and the Effects of the #MeToo Movement (1.0 credits in Diversity, Inclusion and Elimination of Bias)
The #MeToo movement has had an impact on all employers including public sector employers. As a result, New York State passed sexual harassment legislation in 2018 applicable to all employers, including public employers in New York State. This session will address the new legislation and its requirements, the role of attorneys in recommending and developing best practices for sexual harassment and discrimination policies, training, handling and investigating claims, settlements and settlement agreements, as well as discussion about how the #MeToo movement has affected the workplace. Finally, this session will briefly discuss the Stop Sexual Harassment in NYC Act.
Speakers: Kristin Klein Wheaton, Esq., Partner, Goldberg Segalla LLP, Buffalo; Lindy Korn, Esq., The Law Office of Lindy Korn, PLLC, Buffalo
Moderator: Lise Gelernter, Arbitrator and Faculty, University at Buffalo School of Law
10:00 a.m. - 10:10 a.m. Refreshment Break
10:10 a.m. - 11:00 a.m. - Janus and Beyond: The Demise of Agency Fees (1.0 credits in Professional Practice)
This presentation will analyze the impacts of the United States Supreme Court’s decision in Janus v. AFSCME Council 31, which struck down “fair share fees”, better known in New York State as “agency fees” under the Taylor Law, as being unconstitutional on First Amendment grounds. The session will also discuss the obligations of municipal employers under new State legislation, signed by Governor Cuomo on April 12, 2018, which seemingly is intended to protect the public sector unions, and their dues revenue stream, in light of the expected effects of Janus.
Speakers: John F. Corcoran, Esq., Partner, Hancock Estabrook, LLP, Syracuse; Judith Crelin Mayle, Esq., Thomas, Drohan, Waxman, Petigrow and Mayle, LLP, Hopewell Junction
11:00 a.m. – 11:50 a.m. - Ethical Issues for Public Sector Attorneys in NYS, Including the Limitations on Attorney-Client Privilege for State and Local Government Lawyers (1.0 credits in Ethics)
Attorneys in the public sector are bound by special ethical rules in addition to those rules binding on all attorneys. This session will address the special ethical responsibilities of government lawyers under the New York Rules of Professional Conduct, focusing on such issues as: limitations on lawyers’ speech, limits on the attorney-client privilege for government lawyers during investigations into the government client’s conduct, and conflicts of interest for former private sector attorneys and for government lawyers moving into the private sector.
Speaker: James G. Milles, Professor of Law and Vice Dean for Undergraduate Studies, University of Buffalo School of Law
11:50 a.m. – 12:00 p.m. - Closing Remarks
Mark your calendars and come join your colleagues for networking and educational classes September 28-29, 2018!