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En banc Second Circuit needs 120 pages and five opinions to sort out whether NY first-degree manslaughter qualifies as a federal "violent crime"

I generally do not closely follow lower federal court rulings about what state convictions qualify as predicates for sentencing enhancement under the Armed Career Criminal Act ("ACCA") or the career offender sentencing guidelines. I have a hard time just keeping up with the many Supreme Court ACCA cases, and I have previously suggested in this post a few years ago that modern ACCA jurisprudence must reside as some level of hell in Dante's Inferno because this caselaw is so dang inscrutable.  But...
Tags: New York, Law, US, United States, New York State, Dante, Scott, ACCA, Curtis Johnson, Douglas A Berman, Supreme Court ACCA, En banc Second Circuit, banc Second Circuit, Gerald Scott


Looking at Legal Ethics Through the Lens of Family Violence

The words “family violence”, “domestic violence”, “intimate partner violence” and “coercive control” do not appear anywhere in the Federation of Law Societies of Canada . The Code does not typically have special rules for special areas of practice, but family violence is not strictly a family law matter. Family violence can be an issue in immigration and refugee law, employment law, corporate law, criminal law, landlord-tenant law, and real estate law, to name a few.[1] When family violence is ...
Tags: UK, New York, Justice, Law, Canada, Un, Bill, Department Of Justice, Chernobyl, British Columbia, Legal Ethics, Cbc, Supreme Court of Canada, UBC, CBC News, Statistics Canada


‘There’s so much gratitude’: engineer who created viral vaccine site for $50

Huge Ma built TurboVax , a bot that finds available appointments, after discovering how complicated it was to book one for his motherHuge Ma first came up with the idea for his much-needed vaccination appointment-finding bot after discovering how complicated it was to book one for his mother.“You had to basically open three tabs, one for each major government vaccine portal, and then refresh all day until you got an appointment,” said the 31-year-old software engineer from New York. Continue rea...
Tags: Health, New York, Society, US news, Vaccines and immunisation, Ma, Coronavirus


Is it time to decriminalize prostitution? Two New York bills answer yes in unique ways

Today in the majority of the United States, it is a crime to sell sex, buy it, or promote its sale. The Sex Trade Survivors Justice & Equality Act would decriminalize prostitution in New York state while maintaining punitive measures against buyers and pimps. Opponents suggest this law would only push the illegal sex trade further underground and seek full decriminalization for everyone involved. Although incorrectly labeled the world's oldest profession, prostitution has been on the minds of l...
Tags: New York, Sweden, Activism, Law, Sex, Germany, Israel, Public Health, Homelessness, United States, Netherlands, Amsterdam, Innovation, Manhattan, University of Pennsylvania, Norway


Remote Workers May Be Good for the Workplace, but Create Massive Headaches Too

With many workplaces now going on a year with remote workers, issues that were thought to be temporary blips are turning into major headaches. Suppose your office in Stamford, Connecticut is closed and employee are allowed to work remotely. What happens to those New York residents who are now working from home 24/7? What about those employees who are working in states other than those where the employer normally has an office? We can’t begin to address all of the subjects, but the Connecticut le...
Tags: New York, Law, Remote Work, Tax, Unemployment, Income Tax, House, Connecticut, Employer, Convenience, General Assembly, Employee, Stamford Connecticut, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour


Goldman Says Stock-Transfer Taxes Aren’t All Bad, As Long As They’re Not In New York

A convenient catalyst to a healthy correction in Hong Kong is a poison pill in the Big Apple.
Tags: Hong Kong, New York, Law, Finance, Goldman Says Stock Transfer Taxes Are


Falling sperm counts 'threaten human survival', expert warns

Epidemiologist Shanna Swan says low counts and changes to sexual development could endanger human speciesFalling sperm counts and changes to sexual development are “threatening human survival” and leading to a fertility crisis, a leading epidemiologist has warned.Writing in a new book, Shanna Swan, an environmental and reproductive epidemiologist at Icahn School of Medicine at Mount Sinai in New York, warns that the impending fertility crisis poses a global threat comparable to that of the clima...
Tags: Health, New York, US, Society, World news, US news, Fertility problems, Mount Sinai, Icahn School of Medicine, Shanna Swan


The Geek in Review Ep. 106 – Geoff Zodda on Legal Industry Employment Trends in a Post-COVID World

Most of us in the legal industry did not think of the employment market as being anything close to stable in 2020. However, as we are witnessing from the AmLaw 100/200 firm revenue numbers being released, many firms had record revenue and profits. In fact, recent reports show that the industry actually added some 5,000 jobs recently. Geoff Zodda, Chief Solutions Officer of IT Search at PearlCare Search Group, talks with us about what happened in the legal market surrounding the technology, infor...
Tags: Podcast, New York, Texas, Law, Uncategorized, Employment, Recruiting, Houston, Law Firms, Data Analytics, Greg, Jeff, Geoff, Marlene, Greg Lambert, ILTA




"His inappropriate gestures became more frequent. He gave roses to female staffers on Valentine’s Day and arranged to have one delivered to me..."

"... the only one on my floor. A signed photograph of the Governor appeared in my closed-door office while I was out. These were not-so-subtle reminders of the Governor exploiting the power dynamic with the women around him. In 2018, I was promoted to Deputy Secretary for Economic Development and Special Advisor to the Governor. I initially turned the job down — not because I didn’t want the responsibility or work but because I didn’t want to be near him. I finally accepted the position at the G...
Tags: New York, Law, New York City, Andrew Cuomo, Economic Development, Cuomo, New Republic, Third Avenue, Ann Althouse, Alex Pareene, Lindsey Boylan, Stephanie Benton


The importance of technology competence when communicating electronically

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** The importance of technology competence when communicating electronically I’m sure that by now you’ve already seen the now infamous cat filter court hearing video. If not, Google it and watch it. I’ll wait. Now that you’re back, let’s talk about how you can avoid replicating that unfortunate predicament. The short answer? By maintaining technology competence when using electronic methods to comm...
Tags: Google, New York, Law, Ethics, Web/Tech, Thomson Reuters, Aba, ABA Journal, Florida Bar, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black


Supreme court rejects Trump bid to block tax records from prosecutor

Court’s order is a win for the Manhattan district attorney, Cyrus Vance Jr, who has been seeking Trump’s tax records since 2019US politics – live coverageIn a significant defeat for Donald Trump, the supreme court on Monday declined to step in to halt the turnover of his tax records to a prosecutor in New York City. Related: Trump to tell CPAC he is Republican 'presumptive 2024 nominee' – report Continue reading...
Tags: New York, Law, New York City, World news, US news, Manhattan, Donald Trump, US supreme court, Trump, CPAC, Cyrus Vance Jr, Law (US


Justices will not block New York grand jury subpoena for Trump’s records

The Supreme Court on Monday cleared the way for a New York grand jury to obtain former President Donald Trump’s financial records. Over four months after Trump asked them to intervene, the justices turned down a request by the former president to stay a ruling... The post Justices will not block New York grand jury subpoena for Trump’s records appeared first on SCOTUSblog.
Tags: New York, Featured, Supreme Court, Law, Donald Trump, Trump, Emergency appeals and applications


Valuable accountings of crime trends present and past

My morning surfing led me to two notable new pieces with oceans of interesting information about crime and all the debatbale accounts for why it has gone up and down in the United States. Here are links and short excerpts from lengthy pieces which both merit a full read: "What Drove the Historically Large Murder Spike in 2020?  The pandemic, police violence, and more guns all contributed to an unprecedented rise in murders across the United States" by Rob Arthur and Jeff Asher at The Intercpt.  ...
Tags: New York, Law, America, Fbi, Chicago, United States, Levitt, Lubbock Texas, Zimring, Shreveport Louisiana, Douglas A Berman, John Roman, Jeff Asher, Rob Arthur


Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar

This is another entry in my decade-long coverage of doctors suing patients for online reviews. The plaintiff is a Botox provider. The defendant-patient wrote a critical review on Yelp. The doctor sued the patient for defamation and related claims. The patient did not appear in court, seemingly setting up the doctor for a slam-dunk win. Yet, the court denied the plaintiff even without the patient mounting any defense. Let’s take a look at the reasons why: As usual, the court adjusts the applicab...
Tags: New York, Law, Amar, Mirza, Content Regulation, Yelp Review, Fugazi Fugazi, Yelp Review Mirza


"Should Public Defenders Be Tweeting?"

The question in the title of this post is the headline of this notable new Vice article.  I recommend the lengthy piece in full, and I suspect more than a few readers might have more than a few thoughts on this important modern-day topic.  Here are just a few excerpts from a piece with lots of thought-provoking elements: Public defenders had blogged about their work as long as a decade ago, and tweeting about arraignments wasn’t new, but [Scott] Hechinger and others in New York’s PD scene are r...
Tags: Facebook, New York, Law, Virginia, Oakland, Illinois, American Bar Association, Hechinger, Hofstra University, Douglas A Berman, Brendon Woods, LSB- Scott, Qiana Johnson, Ellen C Yaroshefsky, Howard Lichtenstein, Nicole Hyland


The 'brilliant legal mind' defending Saudi Arabia and its crown prince against murder, hacking, and terrorism

Palestine Convention/YouTube; Middle East Monitor/Handout via Reuters; Alexey Nikolsky/Sputnik/AFP via Getty Images; Dylan Martinez/Reuters; Samantha Lee/Insider Michael Kellogg has defended the Saudi government and royal family in US courts for 18 years. Several people are currently suing the crown prince, accusing him of murder and hacking attempts. Kellogg is criticized for his client choice, but he remains one of DC's most admired attorneys. Visit Business Insider's homepage for more ...
Tags: Florida, Politics, New York, Supreme Court, Law, Washington Post, Washington, Osama Bin Laden, Saudi Arabia, Iraq, US, Toronto, America, Trends, Getty Images, Harvard


The 'brilliant legal mind' defending Saudi Arabia and its crown prince against claims of murder, hacking, and terrorism

Palestine Convention/YouTube; Middle East Monitor/Handout via Reuters; Alexey Nikolsky/Sputnik/AFP via Getty Images; Dylan Martinez/Reuters; Samantha Lee/Insider Michael Kellogg has defended the Saudi government and royal family in US courts for 18 years. Several people are currently suing the crown prince, accusing him of murder and hacking attempts. Kellogg is criticized for his client choice, but he remains one of DC's most admired attorneys. Visit Business Insider's homepage for more ...
Tags: Florida, Politics, New York, Supreme Court, Law, Washington Post, Washington, Osama Bin Laden, Saudi Arabia, Iraq, US, Toronto, America, Trends, Getty Images, Harvard


A botched wire transfer resulted in 'one of the biggest blunders in banking history.' Here are 4 key takeaways from Citigroup's $893 million mistake.

Citi trader Thomas Ferrigno works in his company's booth on the floor of the New York Stock Exchange (NYSE) in New York City, U.S., July 27, 2016. Brendan McDermid/Reuters A federal judge ruled on Tuesday Citigroup would not be able to recoup its $501 million mistake. The New York judge's ruling calls the accident "one of the biggest blunders in banking history." We read through the 101-page court document to find four key takeaways. Visit the Business section of Insider for more stori...
Tags: New York, News, Law, Finance, Wall Street, New York City, Trends, Banking, Citigroup, Bank, Lending, Citibank, Nyse, Citi, Creditors, Brendan McDermid Reuters


Divorce Conduct Draws Third Disbarment

Reciprocal disbarment has been ordered by the West Virginia Supreme Court of Appeals for an attorney's misconduct in his own divorce based on sanctions imposed in New York There was a thirteen-day custody trial in the divorce/custody proceeding, during which... [Author: Legal Profession Prof]
Tags: New York, Law, West Virginia Supreme Court of Appeals, Legal Profession Prof, Bar Discipline & Process


Drug Policy Alliance launches "Uprooting the Drug War" to highlight myriad harms of drug criminalization

As detailed in this press release, "the Drug Policy Alliance announced the launch of a major new initiative — Uprooting the Drug War — with the release of a series of reports and interactive website that aim to expose the impact of the war on drugs beyond arrest and incarceration."  Here is more on this important effirt: The project is designed to engage activists across sectors and issues in understanding and dismantling the ways in which the war on drugs has infiltrated and shaped many other ...
Tags: New York, Law, Drug Policy Alliance, DPA, Douglas A Berman


Johnny Pacheco, co-founder of New York's Latin label Fania, dies aged 85

The Fania All-Stars player and record-label impresario worked with Latin music giants including Celia Cruz and fostered a more intense, political salsa soundJohnny Pacheco, the co-founder of trailblazing salsa label Fania Records, has died aged 85. The cause was complications from pneumonia.A representative for Fania said Pacheco was “the man most responsible for the genre of salsa music. He was a visionary and his music will live on eternally.” Continue reading...
Tags: Music, New York, Americas, Society, US news, Culture, Pop and rock, Jazz, Social history, Grammys, Dominican Republic, Pacheco, Celia Cruz, Fania Records, Fania, Johnny Pacheco


Announcing the 15 Winners of the 2021 ABA TECHSHOW Startup Alley Competition

The results are in. Readers have been voting to select the 15 legal technology startups that will get to participate in the fifth-annual Startup Alley at ABA TECHSHOW 2021, which will be held virtually March 8-12, 2021. These 15 will face off in a virtual pitch competition that will be the opening event of this year’s TECHSHOW, with the conference’s attendees voting to pick the top winner. The first-place winner gets a package of marketing and advertising prizes. In November, we issued a call fo...
Tags: New York, Microsoft, Law, Uncategorized, Bill, Aba, Startup Alley, Turbotax, Aloe, Della, Avvoka, ClauseBase ClauseBase, Syntheia Syntheia, Della Simple, Motionize Motionize, Avvoka Avvoka


Georgia prosecutor calls Giuliani's election claims 'various overt acts for an illegal purpose' that could warrant a racketeering charge

Former New York mayor Rudy Giuliani, a lawyer for President Donald Trump, speaks during a news conference on legal challenges to vote counting in Pennsylvania, Saturday Nov. 7, 2020, in Philadelphia. AP Photo/John Minchillo Giuliani could face racketeering charges in Georgia for election lies, The New York Times reported.  A District Attorney opened a criminal complaint into Trump's attempts to overturn the election.  Racketeering is usually associated with mob activity but can be applied ...
Tags: Politics, New York, Law, Trends, Georgia, Joe Biden, Cnn, Pennsylvania, New York Times, Philadelphia, Biden, Times, Giuliani, Donald Trump, Rudy Giuliani, Trump


"The original cast of 'The Real World: New York' recently wrapped filming in their original loft at 565 Broadway..."

"... a source close to production confirmed to Page Six on Thursday after much speculation" (NY Post).  Great. I love "The Real World" — at least as it was in the first 3 or 4 seasons. I dropped out after that. The new season will have the cast from the first season, now almost 30 years older. I think when I dropped out of the viewership it was because the people were too young. I started out maybe 10 years older, but that thing went on for 33 seasons. When the people are 20 — or 30 or 40 (!) ...
Tags: New York, Law, Sex, Aging, Mtv, Drinking, Broadway, Ann Althouse, NY Post Great


Trump sexual assault accuser Summer Zervos is trying to resume her lawsuit against him now that he's out of office

Summer Zervos and Donald Trump. AP Photo/Mary Altaffer; AP Photo/Patrick Semansky Summer Zervos has asked a court to move her lawsuit against former President Donald Trump forward. Zervos accused Trump of sexual assault and filed a defamation lawsuit when he called her a liar. Trump argued that he had presidential immunity, but Zervos' lawyers noted he's no longer president. Visit the Business section of Insider for more stories. Summer Zervos, a former contestant on "The Apprentice" who a...
Tags: Politics, New York, News, Nbc, Law, Sexual Assault, Congress, California, Trends, Joe Biden, Ap, Bill Clinton, Donald Trump, Trump, Beth Wilkinson, Trump Trump


The Geek in Review Ep. 105 – Rachel Travers on the New Law360 Pulse

Law360 has long been an excellent resource in covering the news when it comes to legal issues. In January, they expanded to also begin looking internally at the legal industry and the business of law. Rachel Travers, Law360 Vice-President, and General Manager joins us to talk about the recent launch of Law360 Pulse. This news coverage of large and mid-sized law firms, in-house corporate counsel happenings, as well as regional coverage of the legal industry is giving many of the established news ...
Tags: Podcast, UK, New York, London, Instagram, Supreme Court, Law, Australia, Molly, La, Uncategorized, US, Asia Pacific, New Zealand, Beverly Hills, Bob


2020 Wasn’t Too Bad For Biglaw Business — See Also

That's A Lot Of Money: Greenberg Traurig made more money in 2020 than in 2019. Why Not Test "Being A Lawyer"?: New York considers temporary open book bar exam. Wash That Off With Some "Harvard!": The university traditionally helps disgraced officials clean up their reputations. A new petition wants that to stop. Ukraine Would Like A Word: The Eastern European nation is eager to speak to anyone interested in disbarring Rudy Giuliani. Everyone Wins: Name, Images, and Likeness licensing can hel...
Tags: New York, Law, Ukraine, Rudy Giuliani, Greenberg Traurig, See Also


In An E-Discovery Acquisition, Veristar Picks Up Planet Data Solutions

Veristar, a two-year-old company that provides services in e-discovery and litigation support, has acquired the assets of Planet Data Solutions, a 20-year-old company that provides contract analysis and e-discovery technology and services. Under the terms of the acquisition, Planet Data’s Exego software division will operate under a separate Exego LLC. Exego is a platform that provides contract analysis, data extraction and data processing. The Planet Data team will now report to Veristar Presid...
Tags: New York, Law, Uncategorized, Chicago, Coo, Howard Reissner, Planet Data, Planet Data Solutions, Veristar, Rick Avers Dave Cochran


NYSBA provides ransomware guidance for lawyers

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** NYSBA Provides Ransomeware Guidance For Lawyers The pandemic has impacted so many different aspects of our lives, from where and how we work to how we communicate and interact with loved ones. The work-from-home requirements necessitated by COVID-19 have been one of the most noticeable effects of the pandemic. This increase in working from home has also led to another notable trend: an escalation i...
Tags: New York, Law, Fbi, Ethics, Web/Tech, Thomson Reuters, Aba, Committee, ABA Journal, Rochester New York, U S Secret Service, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, NYSBA



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