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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Education

Amicus Brief, Kruger v. Bloomberg ( PDF format )

Comments on the reauthorization of the Individuals with Disabilities Education Act ( PDF format )

Dignity for All Students Act (Reissued May 2010) ( PDF format )

Ending Discrimination in Gifted Education in the New York City Public Schools ( PDF format )

Letter to Congress opposing legislation that would allow the McKinney-Vento Homeless Education Assistance Act requirements to be waived in schools accepting a child displaced by Hurricane Katrina ( PDF format )

Letter to Governor Pataki urging in accordance with the mandate in Campaign for Fiscal Equity v. State the state ascertain the actual cost of providing a sound and basic education in New York City ( PDF format )

Strengthening School Leadership and School-Level Accountability: Rethinking Principals’ Rights and Responsibilities After Governance Reform

Education, Funding for

Amicus Brief: Campaign for Fiscal Equity, Inc. v. Pataki (New York State Court of Appeals, August 2006) ( PDF format )

Election Law

Amicus Brief: Muntaqim v. Coombe (U.S. Court of Appeals, Second Circuit)(Voting Rights Act Protects Felons' Right to Vote) ( PDF format )

Filling United States Senate Vacancies in New York (May 2010) ( PDF format )

Letter to Governor George E. Pataki Regarding New York State's Implementation of the Federal Help America Vote Act "HAVA" ( PDF format )

New York's Failure to Comply with the "Motor/Voter" Law

Testimony before the New York City Council in support of the Voting Rights Restoration Act (Intro. No. 628) which would allow foreign born residents to vote in municipal elections ( PDF format )

Election law reform

Recommendation on Governmental Structure and Election Issues for the 2010 Charter Revision Commission (June 2010) ( PDF format )

Statement to the 2010 Charter Revision Commission (July 2010) ( PDF format )

Election Procedures

Letter to Michael Cardozo, Corporation Counsel, regarding the Election Modernization Task Force ( PDF format )

Electoral College

Proposed Constitutional Amendment Providing for the Direct Election of the President and Vice President of the United States ( PDF format )

Electric Regulation

Report on Electric Regulation in the State of New York ( PDF format )

Electric Utilities

Electric Utilities Restructuring in New York: A Status Report

Electronic Court Records

Report Recommending a New York State Court Rule Requiring that Sensitive Personal Information be Omitted or Redacted from Documents Filed with Civil Court (February 2010) ( PDF format )

Electronic Discovery

Explosion of Electronic Discovery in All Areas of Litigation Necessitates Changes in CPLR ( PDF format )

Letter Regarding Amendments to the Federal Rules of Civil Procedure Concerning Electronic Discovery ( PDF format )

Letter to E-discovery Working Group of the New York State Unified Court System on Electronic Discovery in the New York State Courts (June 2010) ( PDF format )

Letter to the New York State Administrative Board urging the Uniform Rules be amended to expressly include e-discovery as a subject at preliminary conferences and proposing suggested language for such an amendment ( PDF format )

Manual for State Trial Courts Regarding E-Discovery Cost Allocation (August 2009) ( PDF format )

Electronic Documents

A Lawyer's Ethical Obligations to Retain and to Provide a Client with Electronic Documents Relating to a Representation

Electronic Filing

Comments on the Report and Recommendations of New York State Bar Association's Task Force on Electronic Filing of Court Documents ( PDF format )

Letter to the Commodity Futures Trading Commission commenting on whether there are any conflicts between the criteria and relief in Advisory 18-96 and Commission Regulation 4.13(a)(4), Electronic Filing of Part 4 Exemptions ( PDF format )

Letter to the Commodity Futures Trading Commission expressing concerns about the proposed amendments to Commission rules 4.26 and 4.36 concerning the electronic filing of disclosure documents by commodity pool operators and commodity trading advisors ( PDF format )

Letter to the New York City Department of Finance on the Proposed Amendments to Section 11-208.1 of the Administrative Code ( PDF format )

Report in support of legislation which would authorize an experimental program in which orders of protection filed and entered by the family courts of certain counties could be transmitted by fax or electronic means to sheriffs and police departments (A.7554/S.4704) ( PDF format )

Electronic Surveillance

Amicus Brief: ACLU v. National Security Agency (US Court of Appeals, Sixth Circuit, October 2006) ( PDF format )

Amicus Brief: ACLU v. National Security Agency (U.S. District Court, Eastern District of Michigan, Southern Division, August 2006) ( PDF format )

Amicus Brief: Amnesty International USA v. McConnell (U.S. District Court, Southern District of New York, December 2008) ( PDF format )

Amicus Brief: Amnesty International v. John McConnell (U.S. Court of Appeals, Second Circuit, December 2009) ( PDF format )

Amicus Brief: Center for Constitutional Rights v. Bush (U.S. District Court, Southern District of New York, April 2006) ( PDF format )

Amicus Brief: Doe v. Mukasey (U.S. Court of Appeals, Second Circuit, March 2008) ( PDF format )

Letter to Congress Commenting on Electronic Surveillance Legislation S.2453, June 2006 ( PDF format )

Letter to Congress discussing the Foreign Intelligence Surveillance Modernization Act of 2007 (H.R. 3782) and the RESTORE Act (H.R. 3773), both of which are intended to replace the Protect America Act and provide protections against warrantless electronic surveillance of Americans (October 2007) ( PDF format )

Letter to Congress expressing opposition to the FISA Amendments Act of 2007 (November 6, 2007) ( PDF format )

Letter to Congress regarding proposed legislation on electronic surveillance (S.2453 and S.2455), April 2006 ( PDF format )

Letter to Congress regarding proposed legislation on electronic surveillance (S.2453, 2455 and 3001 and H.R. 5825), September 2006 ( PDF format )

Letter to Congress regarding the FISA Amendments Act (June 2008) ( PDF format )

Letter to Congress urging opposition to HR 3138 which would expanded Executive surveillance powers through amendments to the Foreign Intelligence Surveillance Act, August 2007 ( PDF format )

Letter to Congress urging opposition to the two substitute versions of H.R. 5825, one reported out by the House Intelligence Committee and a second reported out by the House Judiciary Committee (September 26, 2006) ( PDF format )

Letter to the Editor of the New York Times, published July 21, 2007 regarding the compromise surveillance legislation ( PDF format )

Emergency Shelter Allowance

Report on A.2565/S.2664 which would cap the percentage of income payable towards shelter costs by a person with HIV or AIDS ( PDF format )

Employment Disputes

Tax Treatment of Recoveries in Employment Disputes (August 2009) ( PDF format )

Employment Law

Employment Law Handbook for Non-Lawyers ( PDF format )

Report on Assembly Bill 252, which would require employers to permit nursing mothers to express breast milk in the workplace ( PDF format )

En Banc Review

En Banc Review in New York Courts (March 2008) ( PDF format )

Endangered Species

Letter to the United State Department of the Interior urging action be taken to prevent or delay the extinction of endangered species and to ensure that their habitat is preserved (February 2009) ( PDF format )

Endangered Species Act

Letter regarding the unlicensed private possession of wildlife (February 2010) ( PDF format )

Energy

Letter to Governor Elect Spitzer providing recommendations for several key actions designed to promote a cleaner, reliable, cost-efficient and intelligent energy future for New York State ( PDF format )

Letter to Governor Pataki Reauthorization of Article X of the Public Service Law governing the process for the siting of electric generation facilities in New York ( PDF format )

Energy Planning

Report on Energy Planning (December 2007) ( PDF format )

Energy Projects

Letter to Governor and Legislative Leaders re: Budget Amendment Impact on New York System Benefit Charge and Renewable Portfolio Standard ( PDF format )

Letter to Governor and Legislative Leaders re: Budget Amendment Impact on the New York System Benefit Charge and Renewable Portfolio Standard (March 2008) ( PDF format )

Letter to Governor Pataki and Legislative Leaders expressing opposition to proposed amendments to the New York State Finance Law (S.6459-C/A.9559-B) which would subject funds generated through the Systems Benefit Charge Program and the Renewable Portfolio Standard to the annual state appropriations process ( PDF format )

Environmental Impact Statements

Letter to Governor Pataki in support of S. 5786/A.7603-A which would modify Article 8 of the Environmental Conservation Law making environmental impact statements available on the internet ( PDF format )

Environmental Law

Comments on the proposed revisions to the laws concerting the Brownfield Redevelopment Tax Credit and the Brownfield Cleanup Program introduced by Governor Spitzer as part of the 2008-2009 State budget process ( PDF format )

Intro 108-A - A Bill to Amend the Administrative Code of the City of New York, in Relation to City Contracts Involving the Purchase of Wood Products and Materials ( PDF format )

Letter to Congress opposing S.1711 which would grant the Environmental Protection Agency unprecedented legal authority to ignore federal and state environmental laws for a period of 18 months after it takes effect in order to deal with the aftermath of Hurricane Katrina ( PDF format )

Letter to Governor Elect Eliot Spitzer highlighting important issues to be considered during his term Including advocating for federal legislation that creates effective greenhouse gas caps; modifying Article 8 of the Environmental Conservation Law so citizens are not denied standing if they cannot demonstrate harm different from the public at large; ensure more effective delivery of the Brownfield Opportunity Grants; and require an environmental life-cycle analysis as a component of the development of solid waste management plans ( PDF format )

Letter to the Task Force on the National Environmental Policy Act commenting on its draft report and recommendations to improve the National Environmental Policy Act ( PDF format )

Report supporting A.114/S.2380 which would amend the Environmental Conservation Law to ensure that petitioners who challenge state and city actions under SEQRA are not denied standing soley on the grounds that they do not suffer an alleged injury that fiffers in kind or degree from the injury suffered by the public at large ( PDF format )

Statement to the Obama Administration's transition team regarding environmental issues that have particular resonance for New York City (December 2008) ( PDF format )

Environmental Law, Marine

Letter to Congress urging that they give consent to the ratification of the United Nations Convention on the Law of the Sea (UNCLOS) ( PDF format )

Environmental Permits

Letter to the NYS Department of Environmental Conservation commenting on the proposed amendments to NYCRR Part 621, Uniform Procedures ( PDF format )

Establishment Clause, The

Amicus Brief: Bronx Household of Faith v. Board of Education of the City of New York (US Court of Appeals for the Second Circuit ( PDF format )

Amicus Brief: Bronx Household of Faith v. Board of Education of the City of New York (US Court of Appeals for the Second Circuit (February 2008) ( PDF format )

Estate Tax

Letter on budget bill A.9710-A/S.6610-A which would amend NY Tax Law Â§ 951(a) in relation to the amount of the unified credit against the estate tax (March 2010) ( PDF format )

Ethics

Acceptance of securities in a client in exchange for legal services to be performed; business transactions with clients; conflicts of interest; charging or collection of an excessive fee

Advertising; letterhead; foreign lawyers

Advertising; Letterhead; Honorary Degrees

Advertising; Type of Publication

Announcements; Employment of Non-lawyer

Assignment by retired attorney of accounts receivable to another attorney

Associates; Of Counsel Relationships

Attorney employing disbarred or suspended attorney to work in law office; aiding unauthorized practice of law

Attorneys' fees; Billing; Credit cards and other financing

Charging interest on unpaid legal fees

Client Funds; Incompetent Client; Interest on Trust Accounts

Competent and zealous representation; Unlawful discrimination in the practice of law; Confidentiality; Use of interpreters

Confidences and secrets; disclosure of organizational wrongdoing; limited partnership

Confidentiality of information concerning child abuse or mistreatment; preservation of confidences within a social services agency; advanced consent to the disclosure of client confidences and secrets

Confidentiality; Use of cellular and cordless telephones

Conflict of interest; waiver; duty to report malpractice

Conflicts Arising Solely from Possession of Confidential Information of Another Client

Conflicts faced by law firms when hiring law school graduates who work in legal clinics operated by law schools

Conflicts of Interest; Lawyers Representing Adversary Lawyers

Conflicts of Interest; Recordkeeping, Policies, and Systems for Conflicts-Checking Purposes

Conflicts of Interest; Waivers; Imputation of Conflicts

Contingent fees; will contests; compensation of private investigators

Contributions to candidates campaigning for New York State Attorney General, District Attorney, and other offices closely tied to the judicial process

Corporate-family conflicts; duty of loyalty; duty to preserve confidences and secrets

Disclosure of client confidences and secrets; scope of the exception concerning the client's "intention to commit a crime."

Duties of Lawyers in Class Actions

Duty of loyalty

Duty to disclose client fraud; duty to preserve secrets of former client

Duty to pay interest on client funds deposited in an interest-bearing account where retainer agreement does not require attorney to pay interest to client

Duty to Preserve Confidences of a Prospective Client (Pre-retention Communication); Conflict of Interest

Duty to Report Misconduct; Mental Incapacity

Ethical Duties Concerning Self-Represented Persons

Fees; Nonrefundable Retainers; Advertising of Fees; Competence

Firm Names; Letterhead

Foreign law firm; holding out as partnership; firm name; letterhead and professional cards

Formal Opinion 2005-04: Communications with Insurance Adjusters in Litigation Where the Insurance Company is a Party

Fugitive Client; Illegal Conduct; Client Instructions; Civil Representation

In-house attorney; discrimination claim against former employer; confidences and secrets

In-house attorney; fees to third parties; multiple roles

Interest charges on unreimbursed expenses

Joint representation; duty of loyalty; client confidences and secrets

Law Firm Internet Websites; Law Firm-Sponsored Internet Discussion Area; Provision of Law-Related Services Over the Internet; Communication by Unencrypted E-mail

Law Firm Mergers

Lawyer and Law Firm Affiliations; "Of Counsel" Relationships Between Lawyers and Law Firms; Group Advertising; Firm Names; Letterhead

Lawyer's ability to represent a trade association as well as clients with interests adverse to individual members of the association

Lawyer's obligations regarding disposition of original Wills held for safekeeping where the testator cannot be located and the lawyer is retiring or the firm is dissolving

Lawyer's right to engage in activity or express a personal viewpoint which is not in accordance with a client's interests

Lawyers' and law firms' selection and advertising of internet domain names

Legal referral services

Letterhead; Limited Liability Partnership

Limiting the scope of an attorney's representation to avoid client conflicts

Multiple Representations; Corporations and Corporate Constituents

Name; use of title "Esquire"

No-Contact Rule: Communications Sent Simultaneously to Represented Persons and Their Lawyers

Non-lawyer employees; Supervision of Lay Personnel; Sharing Legal Fees with Non-lawyers; Confidentiality; Conflicts of Interest; Dissemination of False Public Communications

Obligations Upon Receiving a Communication Containing Confidences or Secrets Not Intended for the Recipient

Part-time administrative law judge; conflict of interest

Plan to solicit bids by lawyers to perform legal services on internet website; advertising, solicitation, and participation in a referral plan; duties with regard to advertising fees, client confidentiality, unauthorized practice of law, and conflicts of interest

Pre-signing Documents in Blank; False Statements

Pro Bono Consumer Bankruptcy Representation

Pro bono representation; Appellate practice.

Professional Notices, Letterheads, and Signs; Conflict of Interest; Imputation Rule

Prospective Limitations on Liability; Limited Liability Companies ("LLCs") and Limited Liability Partnerships ("LLPs")

Reasonableness of fees; preparation of bills; duty of supervision

Restrictive Practice Agreements; Settlement Agreements

Secret taping; conversations between lawyers and adversary counsel

Statements Concerning Judges

The "no-contact rule" and advising a client in connection with communications conceived or initiated by the client with a represented party

THREATENING CRIMINAL PROSECUTION; AGREEMENTS TO FORBEAR FROM PRESENTING CRIMINAL CHARGES IN CONNECTION WITH CIVIL SETTLEMENTS

Undisclosed taping of conversations by lawyers

Use of Client Engagement Letters to Authorize the Return or Destruction of Client Files at the Conclusion of a Matter

Ethics Agreements

A Proposal to Apply Ethics Agreements on the State and Local Government Level ( PDF format )

Ethiopia

Letter to Congress urging they conduct a searching inquiry into the case of American citizen, Mr. Amir Mohamed Meshal, who has been held for almost three months in secret detention in Ethiopia. ( PDF format )

Letter to Secretary of State Condoleezza Rice expressing concern over human rights abuses in Ethiopia ( PDF format )

Letter to the Prime Minister of Ethiopia expressing concern over the arrest and detention of human rights attorney Daniel Bekele ( PDF format )

Evidence, DNA

Comments on the Governorâ€™s Program Bill #29 which addresses issues relating to DNA evidence and aspects of the Criminal Procedure Law ( PDF format )

Evidence, Preservation of

Letter to the NYS Assembly Codes Committee urging consideration of the Innocence Projectâ€™s model legislation aimed at improving the preservation of biological evidence ( PDF format )

Ex-offenders

Letter to Governor Spitzer urging the adoption of safe harbor legislation for employers that hire ex-offenders after receiving a valid Certificate of Rehabilitation ( PDF format )

Exchange-Traded Funds

Letter to the SEC commenting on the proposed rules and amendments entitled, â€œExchange-Traded Fundsâ€, Securities Act Release Nos. 33-8901 ( PDF format )

Executive Compensation

Letter to the SEC commenting on proposed amendments to the disclosure requirements for executive and director compensation, related party transactions, director independence and other corporate governance matters and security ownership of officers and directors ( PDF format )

Expedited Partner Therapy

Report supporting S.6210-A which would authorize a health care practitioner to provide antibiotic drugs for the partner of a patient diagnosed with sexually transmitted Chlamydia ( PDF format )

Expert Discovery

Letter to Judge Pfau regarding Proposed Revisions to CPLR 3101(d)(1) (July 2010) ( PDF format )

Extraordinary Rendition

Letter in Support of H.R. 952, which Would Ban US Involvement in Extraordinary Rendition ( PDF format )

Letter to Representative Edward Markey supporting HR 4674 which would end the extra-judicial transfer of individuals to countries in which they may be tortured or subject to cruel inhuman punishment ( PDF format )

List of Subject Areas: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z