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E-Discovery

Comments on proposed amendments to the Uniform Rules of the Trial Courts and the Rules of the Commercial Division which would require counsel to confer prior to the preliminary conference in cases reasonably likely to involve electronic discovery (March 2013) ( PDF format )
Comments on Proposed Electronic Discovery Amendments to the Federal Rules of Civil Procedure ( PDF format )
Proposed Local Rule on E-Discovery (May 2012) ( PDF format )

E-Discovery Guide for Lawyers

E-Discovery Guide for Lawyers (May 2013) ( PDF format )

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 )

Efforts Standards, Contracts

Effort Standard: A Draft Template (May 2014) ( PDF format )

Egypt

Letter to Egyptian President Morsi on his November 2012 Constitutional Declaration (December 2012) ( PDF format )
Letter to President of Egypt re: Public Assembly Law (August 2014) ( PDF format )
Letter to the President of the Arab Republic of Egypt regarding human rights and the rule of law as it relates to the sentences handed down to the leader of and supporters of the Muslim Brotherhood and Al Jazeera journalists (July 2014) ( 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 Law, Instant Run-Offs

Report on A.7013-A/S.6862 which would allow voters to rank up to five candidates in order of preference on their ballot during the primary (May 2014) ( PDF format )
Report on Int. 0150-2014 which would amend the New York City Charter, in relation to instant run-off voting (June 2014) ( 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 Cigarettes

Letter to the Food and Drug Administration regarding the regulation of the sale and distribution of electronic cigarettes (July 2014) ( PDF format )

Electronic Court Records

Comments of the New York City Bar Association on Proposed Rule for Redaction of Personal Identifying Information (January 2013) ( PDF format )
Comments of the New York City Bar Association the proposed adoption of 22 N.Y.C. R.R. §202.5(e), a rule aimed at preventing the unnecessary disclosure of confidential personal information in papers filed in civil matters (January 2014) ( PDF format )
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 Health Records

Gap analysis of New York law and recommendations regarding implementation of electronic health records in health information exchanges (December 2013) ( 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 )

Employee Rights--Health Conditions

Rights of Workers Dealing with Serious Health Conditions, Illnesses or Disabilities in the State of New York (January 2012) ( PDF format )

Employer Data Reports

Comment on amending the General Business Law to Ban the Sale and Use of Employer Data Reports without Consumer Consent (May 2014) ( PDF format )

Employment Discrimination

Employer Diversity Initiatives: Legal Considerations for Employers and Policymakers (April 2012) ( PDF format )
Letter regarding the Standing Administrative Order which provides that all employment discrimination case, other than cases involving violations of the Fair Labor Standards Act, will be automatically referred to mediation (April 2012) ( PDF format )
The Employment Non-Discrimination Act (April 2011) ( 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 )

Employment Plan

Comments on NYC Human Resources Administration’s Proposed Biennial Employment Plan (November 2014) ( PDF format )

En Banc Review

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

Environmental Policy

Comments and proposed initiatives to the Mayor’s Office of Long-Term Planning and Sustainability for the PlaNYC Update of 2011 (January 2011) ( PDF format )
Factoring Transportation Efficiency into Governmental Procurement of Goods in New York State (March 2011) ( PDF format )

Equine Issues

Comments on the New York City Council bill Intro. No. 658, which would amend the Administrative Code of the City of New York by repealing all provisions allowing for the operation of horse drawn cabs (January 2008) ( PDF format )
Letter to the NYC Department of Health offering to assist the newly formed Advisory Board to promote the health, safety and well-being of licensed horses in revamping the existing laws governing the carriage horse industry in New York City (September 2007) ( PDF format )
Report on A.997/S.667 which would prohibit the operation of horse drawn carriages in New York City (Reissued February 2013) ( PDF format )
Report on HR 1094/S.541, the Safeguard American Food Exports (SAFE) Act, which would prohibit the sale or transport of equines or equine products in interstate or foreign commerce by any person who knows or reasonably should have known that such equines or equine parts are to be slaughtered for human consumption (May 2014) ( PDF format )
Report on Intro 86 regarding carriage horse regulation (March 2010) ( PDF format )
Report on Intro. 35 regarding carriage horse regulation (March 2010) ( PDF format )
Report on S.835 which would prohibit the use of performance-enhancing drugs in New York State horse racing (May 2013) ( PDF format )
Report regarding New York City Council Bill Intro. No. 653-A which would amend the administrative code of New York City in relation to the regulation of horse drawn cabs (January 2009) ( PDF format )
Report regarding the American Horse Slaughter Prevention Act - H.R. 503/S.311(July 2008) ( PDF format )
Report supporting New York City Council bill Intro. No. 44 which would amend the New York City Administrative Code in relation to horse drawn carriages ( PDF format )
Testimony before the New York City Council regarding Intro. No. 658-A and Intro. No. 653-A which concern the regulation of horse drawn cabs (January 2009) ( PDF format )
Testimony on Intro. 35 and 86 regarding carriage horse regulation (March 2010) ( PDF format )

ERISA

Letter to the Department of Labor commenting on the definition of the term "fiduciary" under ERISA (January 2011) ( PDF format )

ERISA, Fee Disclosure

Letter to the US Department of Labor commenting on the proposed amendment relating to reasonable contract or arrangement under Section 408(b)(2) of ERISA – Fee Disclosure (May 2014) ( PDF format )

Establishment Clause, The

Amicus Brief: Bronx Household of Faith v. Board of Education of New York City (September 2012) ( 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 ( 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 )
Report on A.8800-A/S.6087-A, which would authorize the use of school buildings and school sites for religious meetings and worship when not in use for school purposes (February 2012) ( PDF format )

Estate Tax

Letter on budget bill A.9710-A/S.6610-A which would amend NY Tax Law § 951(a) in relation to the amount of the unified credit against the estate tax (March 2010) ( PDF format )
Report on certain aspects of the final report of the NYS Tax Reform and Fairness Commission dated November 2013 and the final report of the NYS Tax Relief Commission dated December 2013 (January 2014) ( 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 Governor’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 Judge Pfau concerning the proposed Rule on the Preservation of Evidence (February 2011) ( PDF format )

Evidence, Preservation of

Letter to the NYS Assembly Codes Committee urging consideration of the Innocence Project’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 )

Excess Line Legislation

Report on A.9783/S.6808 which would amend the New York Insurance Law by adding a new Article 58 authorizing domestic excess line insurance companies (June 2012) ( PDF format )

Exchange-Traded Funds

Letter to the SEC commenting on the proposed rules and amendments entitled, “Exchange-Traded Funds”, 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 )

Exemptive Relief

Letter to the Commodity Futures Trading Commission regarding implementation of the Commission's Dodd-Frank Rules (June 2011) ( 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 Disclosure

Comments submitted to the NYS Office of Court Administration on the Proposed Amendment to Uniform Trial Court Rule 202.70(g) (June 2012) ( PDF format )

Expert Discovery

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

Expert Testimony

Amicus Brief: People v. Oddone (NYS Court of Appeals, October 2013) ( 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 )

Extraterritorial Transactions

Amicus Brief: United States v. Mandell (U.S. Court of Appeals, Second Circuit, September 2012) ( PDF format )


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