Retroactive Application of 'Feingold' Splits Panel

by John Caher

A woman appealing her decade-old conviction for the depraved indifference murder of her child is subject to state Court of Appeals' jurisprudence on depraved homicide as it now exists, not at the time of the trial, the Third Department has held.

Summit Participants Discuss Efforts to Find Competent Lawyers for Poor N.Y. Immigrants

by Mark Hamblett

Additional time and resources will be needed to improve legal representation of the poor in immigration courts, participants in a discussion at last week's annual meeting of the New York State Bar Association agreed.

Delegates Back Proposal to Seal Criminal Records

by Joel Stashenko

Defendants who are convicted of non-violent crimes but avoid future wrongdoing would get a fresh start under a proposal backed by the New York State Bar Association's House of Delegates.

Divided Circuit Upholds Sentencing Enhancements in Sex Conviction

by John Caher

A man who enticed a 15-year-old girl online, lied to her about his age, went to Connecticut for a sexual rendezvous and then brought her to New York for more sex was appropriately assessed three, two-level sentencing enhancements, the Second Circuit held.

After 20 Years, New Yorker Is in Line for ABA Presidency

by Joel Stashenko

Thirty-five years after he joined the ABA, James R. Silkenat was at the New York State Bar Association annual meeting last week to take a victory lap as he prepared to become the first New Yorker in more than 20 years to assume the presidency of the ABA.

Federal Judge Moves State's Primary Election to June

by John Caher

New York state's inability to muster "the political will" to comply with federal law and set a date for non-presidential primaries that does not disenfranchise military personnel has prompted a federal judge to step in.

Criminal Practice

United States v. Anthony Watkins, 10-2971-cr

Sentencing Enhancements in Sex Crime Upheld

Health Law

In re the State of New York v. Enrique T., 250306/11

Panel Upholds Detention Provision of Confinement Law

Environmental Law

Chevron Corp. v. Hugo Gerardo, 11-1150-cv(L)

Circuit Finds Judge Overreached in Blocking Enforcement of Award Agaisnt Chevron

Criminal Practice

The People v. Raed Ayyash, 2777/07

Faulting D.A. for 19-Year Delay, Judge Dismisses Murder Indictment

Business Law

Chan v. Zoullas

State, Federal Actions Found Similar; Ruling in One May Determine Issues in Other

Civil Practice

Thor Gallery at Beach Place LLC v. Standard Parking Corp.

Tenant Granted Dismissal of Landlord's Declaratory Action in Favor of Florida Suit

Civil Practice

Pepper v. NYU Hospitals Center

Defendants Entitled to Disclosure of Records As Plaintiff Put Medical Condition at Issue

Alternative Dispute Resolution

Rabinowich v. Bellmore Jewish Center

Rabbi's Declaratory Judgment Action Denied, Compelling Him to Proceed to Arbitration

Criminal Practice

People v. Roger

Stop for Traffic Violation Found Proper; Probable Cause Exists to Arrest for Drugs

Schools and Education

Bd. of Ed, Hauppauge Union Free School District v. Hogan,

Arbitrator's Award Dismissing Misconduct Charge Against Teacher Vacated, Reinstated

Collateral Consequences

by Harold J. Baer Jr. and Jacqueline Harrington

Southern District Judge Harold J. Baer Jr. and Jacqueline Harrington, his clerk, announce the creation of a booklet collecting the federal and New York state legislation on collateral consequences of criminal convictions.

Featured Columns

Accounting Issues: Going Concern Qualifications, Contingent Liabilities

by Norman B. Arnoff

In his Professional Liability column, New York City practitioner Norman B. Arnoff writes the whether a security is publicly traded or private equity, the risk of a "going concern qualification" and its possible impairment to the issuers' ability to raise capital must be given serious attention.

Featured Columns

Recent Labor Law §240 Decisions Don't Go Far Enough in Protecting Workers

by Mitchell J. Sassower

Arye Lustig & Sassower managing partner Mitchell J. Sassower discusses how the Court of Appeals' denial of summary judgment under Labor Law §240(1) to the plaintiffs in 'Wilinski' and 'Ortiz' is inexplicable under established case law, and how once a foreseeable elevation-related risk is present, the owner and general contractor are required to provide proper protections or else they have violated the statute.

Special Reports

Draft Once, Proofread Twice

by Mary E. Mongioi and Stephanie M. Alberts

Mary E. Mongioi and Stephanie M. Alberts of Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana write that stock phrases and clauses may be a good place to start drafting a last will and testament, but a "fill in the blanks" approach where one neglects to read and edit that form in the context of a specific client can lead to the unintended consequence of a will construction proceeding.

Special Reports

The Clock Is Ticking on Rare Tax Planning Opportunities

by Steven D. Leipzig and Lori I. Wolf

Steven D. Leipzig and Lori I. Wolf of Cole, Schotz, Meisel, Forman & Leonard discuss various favorable tax planning circumstances created under the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, since its wealth transfer opportunities will expire at the end of this year.

Special Reports

Interplay of Federal and New York Estate Taxes Proves Tricky

by Quincy Cotton and Stuart J. Gross

Roberts & Holland partners Quincy Cotton and Stuart J. Gross discuss how New York domiciliaries, estate planning is especially difficult since none of the federal estate tax changes in 2010 or the preceding decade apply for New York estate tax purposes, because they occurred after New York's "conformity date."