Recent Articles tagged statutes rules & regs from LexMonitor

lennyesq

Thu, 16 Oct 2008 20:53:16 GMT

Here is an excellent example of the utility of podcasts for legal discussion. This is from our friends at LegalTalkNetwork: *** Every lawyer knows the costs of discovery can escalate. Last month on September 19, 2008, President Bush signed Senate Bill 2450 into law, which establishes Federal Rule of Evidence 502 and is effective immediately. This law creates [...]

Here is an excellent example of the utility of podcasts for legal discussion. This is from our friends at LegalTalkNetwork:

***

Every lawyer knows the costs of discovery can escalate. Last month on September 19, 2008, President Bush signed Senate Bill 2450 into law, which establishes Federal Rule of Evidence 502 and is effective immediately. This law creates a new rule of evidence limiting certain attorney-client privilege and work product waivers. Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi, welcome Attorney Robert D. Owen, a partner in Fulbright & Jaworski L.L.P., to take a look at New Federal Rule of Evidence 502 and see how this new rule will affect litigation and litigation costs as well as clients.

Click to Listen:

lennyesq

Fri, 10 Oct 2008 15:48:21 GMT

From the NYSBA Real Property Law Section: The article describing the Governor’s subprime mortgage foreclosure bill, entitled“State Legislation Addresses Mortgage Foreclosure Crisis and Subprime Lending Abuses,” appeared in the August 2008 issue of the Empire Justice Center’s “Legal Services Journal.” It is listed on our website as a service to members of the Real Property Law Section. Please [...]

From the NYSBA Real Property Law Section:

The article describing the Governor’s subprime mortgage foreclosure bill, entitled“State Legislation Addresses Mortgage Foreclosure Crisis and Subprime Lending Abuses,” appeared in the August 2008 issue of the Empire Justice Center’s “Legal Services Journal.” It is listed on our website as a service to members of the Real Property Law Section.

Please note that, with respect to the pleading requirements arising under Section 17 of the Act regarding pleading the status of the plaintiff as the owner or holder of a subprime loan, the legislation appears unclear and the authors take no position on whether that provision applies to loans closed prior to September 1, 2008. Some have argued that since no loans were classified as “subprime” for foreclosure purposes prior to September 1, the additional pleading requirement could not apply to loans closed before that date. Others argue that even if a loan closed prior to September 1, it could still be considered to be a subprime loan if it met the new criteria for being classified as subprime, and in that case the additional pleading requirement would now apply. The Real Property Law Section takes no position on this issue.

To view this message and the Governor?s subprime mortgage foreclosure bill go towww.nysba.org/GovernorsSubprimeMortgageBill

lennyesq

Thu, 09 Oct 2008 19:13:56 GMT

Dear NYSBA members: The Law Practice Management Committee is pleased to share this information outlining the temporary increase of FDIC deposit insurance for all banks. Please seewww.nysba.org/FDIC for details. Attorneys should be aware that the FDIC insurance limit increase is not a permanent measure and expires by its terms on December 31, 2009. In addition, the limit applies [...]

Dear NYSBA members:

The Law Practice Management Committee is pleased to share this information outlining the temporary increase of FDIC deposit insurance for all banks. Please seewww.nysba.org/FDIC for details.

Attorneys should be aware that the FDIC insurance limit increase is not a permanent measure and expires by its terms on December 31, 2009. In addition, the limit applies “per owner.” As a result, a depositor who provides the proper paperwork can document the fact that funds held in an escrow or trust account belong to a specific party. An inquiry should be made as to whether that party has any other funds on deposit with the same financial institution that would exceed the available FDIC coverage.

Gary Munneke, Chair
Law Practice Management Committee

lennyesq

Tue, 07 Oct 2008 04:18:00 GMT

Torts Insurance & Compensation Law Section
Executive Committee Webcast Invitation
October 7, 2008 11 a.m. - 12 p.m.
You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th, the Section’s Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting will be broadcast over the internet and available for viewing at www.nysba.org/TICLWebcast. To view the webcast, simply access the link above on the day of the meeting and follow the directions on the screen.

Among the items on the agenda will be the Section’s consideration and proposal of legislation to amend Insurance Law 3420(d). Also known as the disclaimer statute, the Executive Committee will examine whether it should require a policyholder or claimant show prejudice when an insurer’s disclaimer is late, but otherwise valid. The Executive Committee will also address adoption of a strategic plan, and upcoming Section events.

This will be the first webcast by any NYSBA Section of one of its events. Our goal is to allow our members to view how the Section works, and afford to become more involved. As Chair of the Torts Insurance & Compensation Law Section, I invite you to become more active and to spend an hour watching this meeting.

Dan Gerber, Chair
Torts Insurance & Compensation Law Section

lennyesq

Sat, 04 Oct 2008 19:58:37 GMT

(U.S. Congress) - Text of the Emergency Economic Stabilization Act of 2008 passed by Congress and signed by President Bush October 3, 2008. The financial bailout package includes numerous tax breaks added to the bill by the Senate, including an AMT patch, individual and business tax extenders, energy incentives, and disaster tax relief. It also contains an extension for home mortgage debt forgiveness relief, and a tax crackdown on compensation and severance pay for certain financial executives, and parity for mental health coverage in group health plans. .

lennyesq

Sat, 04 Oct 2008 02:39:41 GMT

The following legislation update is being forwarded to you on behalf of the Real Property Law Section’s Committee on Legislation: Selected laws affecting real property enacted so far in 2008: A251/S5621 Lender prohibited from exercising due on sale clauses for homes - Chap 152 A1269/S1531 Sex offender prohibited from license as r.e. broker or salesman - Chap 430 A7007A/S3825 [...]

The following legislation update is being forwarded to you on behalf of the Real Property Law Section’s Committee on Legislation:
Selected laws affecting real property enacted so far in 2008:

A251/S5621 Lender prohibited from exercising due on sale clauses for homes - Chap 152
A1269/S1531 Sex offender prohibited from license as r.e. broker or salesman - Chap 430
A7007A/S3825 Appointment of Art 7-A administrator is basis to declare mortgage due or certify dwelling abandoned - Chap 529
A7519/S4874 Requires seller to establish escrow for broker’s commission - Chap 436 [RPLS memo in support]
A7700/S4963A Residential assessment ratio - Chap 78
A10766/S7645 Extends tax rate reduction on REITS - Chap 416
A10817/S8143 Governor’s Program Bill on mortgage foreclosure - Chap 472 [RPLS memo in support if amended]
A10952/S5634 Requires notification of tenants of testing for indoor air contamination - Chap 521
A11544/S8517 Requires notice re certified copy of deed - Chap 485
A11574/S7915C Clarifies adverse possession - Chap 268 [RPLS memo in opposition to final bill]

Bills not enacted:

A1743 NYSLTA bill to license title agents - did not pass [RPLS memo in support]
A3994 Applications to purchase coops - did not pass
A8948 Disclosure of LLC members - passed Assembly only [RPLS memo in opposition]
A9295 County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A9491 Nassau County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A11424 Revise PCDA - did not pass [RPLS memo in support]

To find copies of bills, go to:

1. RPLS portion of NYSBA website: www.nysba.org, then “Sections,” then “Real Property Law Section,” then “Status of Pending Legislation” (search by bill number, click on number) (For RPLS memoranda go to “2007-2008 Legislative Memoranda”) or go to
2. Senate website: www.senate.state.ny.us, then “Bills and Laws” or go to
3. Assembly website: www.assembly.state.ny.us, then “Bill Search and Legislative information.”

lennyesq

Thu, 02 Oct 2008 15:01:44 GMT

By Joel Stashenko (entire article) October 02, 2008 ALBANY - Even before it is to go into effect, a new requirement that courts perform background checks in the state’s registry of orders of protection and warrants before making child custody and visitation decisions will be scaled back. When signing legislation (A11657/S8569) into law establishing new screening requirements, including [...]

By Joel Stashenko (entire article)
October 02, 2008

ALBANY - Even before it is to go into effect, a new requirement that courts perform background checks in the state’s registry of orders of protection and warrants before making child custody and visitation decisions will be scaled back.

When signing legislation (A11657/S8569) into law establishing new screening requirements, including the mandated checking of people in custody and visitation cases against the state Sex Offender Registry, Governor David A. Paterson indicated that legislative sponsors have agreed to pass an amendment limiting warrant screening to those warrants issued by Family Courts.

The governor said questions have been raised about the feasibility, with current computer systems, of Supreme and Family courts making accurate and timely background checks through the state’s outstanding warrant and orders of protection database maintained by the Division of Criminal Justice Services.

“Such name-based checks will typically uncover multiple records of persons with similar names, none of whom may be the person seeking custody or visitation,” Mr. Paterson wrote in an approval message to the legislation. “Delaying a custody or visitation decision while these records are examined may not be in the best interests of the child.”

lennyesq

Thu, 02 Oct 2008 00:50:37 GMT

(U.S. Senate) - Text of the revised financial institution rescue package up for a vote before the Senate the evening of October 1, 2008. Related Resources • Read the Version the House Voted Down on Monday

(U.S. Senate) - Text of the revised financial institution rescue package up for a vote before the Senate the evening of October 1, 2008.

Related Resources
• Read the Version the House Voted Down on Monday

lennyesq

Wed, 01 Oct 2008 16:17:08 GMT

By Joel Stashenko ( entire article) October 01, 2008 ALBANY - New York’s legislative response to the residential mortgage foreclosure crisis has created a breather of sorts in the foreclosure process as courts, attorneys and advocates for imperiled homeowners prepare to exercise their rights and obligations under the new law.Court administrators and legal services providers for the poor [...]

By Joel Stashenko ( entire article)
October 01, 2008

ALBANY - New York’s legislative response to the residential mortgage foreclosure crisis has created a breather of sorts in the foreclosure process as courts, attorneys and advocates for imperiled homeowners prepare to exercise their rights and obligations under the new law.Court administrators and legal services providers for the poor said they are working out how to provide mandatory pre-foreclosure settlement hearings to the thousands of borrowers with subprime mortgages facing default, as provided for under the anti-foreclosure statute.

The law also created a new “workout” period starting Sept. 1 in which lenders must give borrowers 90 days’ warning of their intention to serve a summons and complaint of foreclosure.

The article goes into significant detail about OCA’s attempts to come up with a process to comply with the new law including an administrative order signed on Sept. 24 by Judge Pfau to file a specialized request for judicial intervention with county clerks when initiating a foreclosure summons and complaint.

lennyesq

Mon, 29 Sep 2008 19:07:20 GMT

EMERGENCY ECONOMIC STABILIZATION ACT OF 2008 (House Financial Services Committee) - The version of the financial bailout proposal that was voted down in the House of Representatives today. Full Text. Related Resources from Findlaw: • More Documents Related to the Financial Crisis

EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

(House Financial Services Committee) - The version of the financial bailout proposal that was voted down in the House of Representatives today. Full Text.

Related Resources from Findlaw:
• More Documents Related to the Financial Crisis

lennyesq

Mon, 29 Sep 2008 18:22:15 GMT

The Oct. 15 deadline for filing a return and claiming the economic stimulus payment is almost here. Don’t let your clients miss out. See news release IR-2008-109.

lennyesq

Tue, 23 Sep 2008 02:57:47 GMT

First-time homebuyers may be able to take a new tax credit included in the recently enacted Housing and Economic Recovery Act of 2008. It’s available for a limited time only, and it operates much like an interest-free loan, because it must be repaid over a 15-year period. To find out more, see news release IR-2008-106. Read a summary [...]

Read a summary of the Act here.

lennyesq

Thu, 04 Sep 2008 17:46:58 GMT

Windy Ridge Farm v. Assessor of Town of Shandaken ,(N.Y.) (full text) A county and school district were subject to the court’s jurisdiction, within the meaning of the statute governing the joinder of necessary parties, in an Article 78 proceeding challenging the constitutionality of the assessment methodology used by the town assessor for a certain tax [...]

Windy Ridge Farm v. Assessor of Town of Shandaken ,(N.Y.) (full text)

A county and school district were subject to the court’s jurisdiction, within the meaning of the statute governing the joinder of necessary parties, in an Article 78 proceeding challenging the constitutionality of the assessment methodology used by the town assessor for a certain tax year, even though the statute of limitations on claims against them had expired; the expired statute of limitations was not the equivalent of a jurisdictional defect. Therefore, the discretionary statutory factors considered by a court to determine whether to excuse joinder when a necessary party’s consent or appearance was required to obtain jurisdiction did not apply. However, dismissal of the proceeding was warranted for the failure to join necessary parties, even though the county and school district, which the petitioning property owners had failed to name as respondents in the original petition, were subject to the court’s jurisdiction, when, after being named as additional respondents in an amended petition, the county and school district established their right to the dismissal of the amended petition against them due to the expiration of the four-month limitations period.

lennyesq

Tue, 02 Sep 2008 19:33:56 GMT

NYSBD - Subprime Mortgage Law - Overview On August 5, 2008 Governor David A. Paterson signed into law a critical subprime lending reform bill to address the ongoing mortgage crisis in New York State. Chapter 472 of the Laws of 2008, which was part of the Governor’s legislative program, targets the subprime lending crisis in two [...]

NYSBD - Subprime Mortgage Law - Overview

On August 5, 2008 Governor David A. Paterson signed into law a critical subprime lending reform bill to address the ongoing mortgage crisis in New York State. Chapter 472 of the Laws of 2008, which was part of the Governor’s legislative program, targets the subprime lending crisis in two ways by providing assistance to homeowners currently at risk of losing their homes and by establishing further protections in the law to mitigate the possibility of a similar crisis in the future.

To assist the industry and public in understanding the impact of this broad and comprehensive legislation, we are providing an overview of the various components, including their effective dates.

lennyesq

Mon, 18 Aug 2008 19:04:57 GMT

A new page on IRS.gov provides links to the business provisions of the economic stimulus act. Look for updates on the IRS.gov stimulus payments page, also available in Spanish.

A new page on IRS.gov provides links to the business provisions of the economic stimulus act.

Look for updates on the IRS.gov stimulus payments page, also available in Spanish.

lennyesq

Sat, 09 Aug 2008 16:54:14 GMT

Government “manual” distributed to defense lawyers assigned to represent immigrant workers arrested and prosecuted in the May 2008 Postville, Iowa meat packing raids. The ACLU is upset about ex parte communication between the US Attorneys Office and the Court prior to the proceedings. The controversy notwithstanding, the “manual” provides a set of forms and legal references [...]

Government “manual” distributed to defense lawyers assigned to represent immigrant workers arrested and prosecuted in the May 2008 Postville, Iowa meat packing raids.

The ACLU is upset about ex parte communication between the US Attorneys Office and the Court prior to the proceedings. The controversy notwithstanding, the “manual” provides a set of forms and legal references for those who may be called upon to defend clients in such circumstances.

Download (4.7MB) in pdf here.

lennyesq

Mon, 04 Aug 2008 19:57:03 GMT

This is for all of us middle-aged folks who dream of practicing law in a tropical paradise. No ties or power suits allowed. Thanks to our law librarian friends atllrx.com. This Resource guide deals with internet sites providing Caselaw, Legislation and Government home pages for the Pacific Island region. There are also links to several relevant journals, and [...]

This is for all of us middle-aged folks who dream of practicing law in a tropical paradise. No ties or power suits allowed. Thanks to our law librarian friends atllrx.com.

This Resource guide deals with internet sites providing Caselaw, Legislation and Government home pages for the Pacific Island region. There are also links to several relevant journals, and to academic sites providing dedicated Pacific Law web pages, or Centres dealing with Pacific Law.

***

Hat tip to beSpacific.

lennyesq

Sat, 02 Aug 2008 23:47:02 GMT

In the “good old days”; i.e., pre-deregulation, if your flight was cancelled or you missed your connection due to some act or omission of your carrier, you merely walked up to the counter and asked for a “Rule 240″ ticket on another airline at your carrier’s expense. Barring that, your carrier would put you up [...]

Deregulation of airline travel allowed most carriers to quickly do away with Rule 240; but a vestige of the rule remains in some carriers’ contracts of carriage.

The folks at airfarewatchdog.com have done the research for you and come up with a nifty chart of the current provisions, if any, which require the airlines to get you to your destination after they fail the first time.

***

Hat tip to aviation.com.

lennyesq

Thu, 24 Jul 2008 15:05:38 GMT

Joel Stashenko New York Law Journal July 24, 2008 New York has established for the first time statewide guidelines for the qualifications and training of mediators and neutral evaluators who are called into cases by judges seeking to encourage out-of-court settlements. Chief Administrative Judge Ann Pfau issued the new rules earlier this month with the approval of the Administrative [...]

Joel Stashenko
New York Law Journal
July 24, 2008

New York has established for the first time statewide guidelines for the qualifications and training of mediators and neutral evaluators who are called into cases by judges seeking to encourage out-of-court settlements.

Chief Administrative Judge Ann Pfau issued the new rules earlier this month with the approval of the Administrative Board of the Courts, which is comprised of Chief Judge Judith S. Kaye and the presiding justices of the four Appellate Division departments.

The guidelines require that mediators who want to make the rosters from which judges make assignments must have at least 24 hours of training in basic mediation skills and at least 16 hours of additional training in specific mediation techniques in the types of cases referred to them.

The rules also limit those wanting to be assigned as neutral evaluators to those who have practiced law or served as judges for at least five years with “substantial experience” in the kinds of cases referred to them.

***

Read entire article here.

lennyesq

Tue, 22 Jul 2008 19:18:33 GMT

It’s not too late for qualifying retirees and veterans to get their payments. See news release IR-2008-91. Look for updates on the IRS.gov stimulus payments page, also available in Spanish.