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Personal Images: the Professional Athlete’S Right of Publicity by James A MARCH/APRIL 2008 VOL. 80 | NO. 3 JournalNEW YORK STATE BAR ASSOCIATION PPersonalersonal IImagesmages Unauthorized Publicity vs. Public Interest Also in this Issue Common-Law Dissolution by James A. Johnson in New York Outsourcing and Intellectual Property Rights Crime Victims Compensation BESTSELLERS FROM THE NYSBA BOOKSTORE March/April 2008 Attorney Escrow Accounts, Legal Manual for New York Physicians, Second Edition (2006) Second Edition (2006) NEW! The Second Edition offers comprehensive coverage Co-published by NYSBA and the Medical Society of the Entertainment Litigation (2007) of the most common situations involving client funds State of New York, this comprehensive text is a must- This new reference covers the fundamental issues and clearly discusses the legal and ethical issues have for physicians, attorneys representing physicians that are central to a creative artist’s career. It is a basic, practical guide that gives creative artists and encountered. and those involved in the medical profession. Presented their representatives insight as to how to avoid the PN: 40266 / Member $45 / List $55 / 266 pages in an easy-to-use question-and-answer format. courtroom. PN: 41325 / Member $90 / List $105 / 1,032 pages PN: 4087 / Member $35 / List $55 / 234 pages Collections and the Enforcement of Money Judgments, 2006 Revision N.Y. Municipal Formbook, FFormsorms New York Lawyer’s Deskbook, This classic text provides detailed guidance in the Third Edition (2006) oonn CCDD Second Edition, 2007–2008 field of debt collections and enforcement of money A rich resource for attorneys dealing WINNER OF THE ABA’S CONSTABAR AWARD judgments. Completely updated with the cumulative with local government as it affects employees, The Second Edition consists of 25 chapters, each supplement. citizens and businesses. Over 1,100 forms covering covering a different area of practice. Each chapter PN: 4030 / Member $105 / List $140 / 804 pages all aspects of municipal law. gives the nuts and bolts of practice in that particular PN: 41606C / Member $150 / List $185 / 3,318 pages area of law. Construction Site Personal Injury PN: 4150 / Member $250 / List $325 / 2,092 pages New York State Physician’s FFormsorms Litigation — New York Labor Law oonn CCDD §§ 200, 240(1), 241(6) (2006) HIPAA Privacy Manual (2007) New York Lawyer’s Formbook, A hands-on tool for health care providers and their Perhaps no single scheme of statutory causes of action Second Edition, 2007–2008 legal counsel, this publication provides guidance for The Formbook is a companion volume to the N.Y. has initiated more debate. This text provides a road a physician’s office to respond to routine, everyday Lawyer’s Deskbook and includes 21 sections, each map through this at-times confusing area of law. inquiries about protected health information. covering a different area of practice. Includes a summary of key case developments. PN: 4167 / Member $75 / List $95 / 288 pages PN: 4155 / Member $250 / List $325 / 3,244 pages PN: 4047 / Member $80 / List $110 / 440 pages Real Estate Titles, Practitioner’s Handbook for Depositions — Practice and Procedure Third Edition, 2007 Revision Appeals to the Court of Appeals, in Federal and New York State Courts An all-time bestseller, this 2007 Edition is edited by Third Edition (2005) James M. Pedowitz, Esq., a nationally renowned This new edition updates topics on taking and This detailed text covers all aspects of depositions. expert in real estate law and title insurance, and perfecting criminal and civil appeals, alterna- Topics include pre-trial discovery schedules, appropri- authored by some of the most distinguished practitio- tive procedures for selected appeals and ate and inappropriate behavior at depositions, and ners in the field. This edition, consisting of 27 chap- how to write and present the appeal. motions for protective orders. ters, is an essential guide to the many complex subjects PN: 4017 / Member $48 / List $57 / 234 pages surrounding real estate law. Includes the new ALTA PN: 4074 / Member $50 / List $65 / 478 pages policies and TIRSA endorsements. Public Sector Labor and PN: 521007 / Member $150 / List $180 / 1,632 pages Estate Planning and Will Drafting FFormsorms Employment Law, Third Edition in New York, 2006 Revision oonn CCDD This landmark text is the leading reference on public Representing People with Disabilities, sector labor and employment law in New York State. Provides a practical overview of the complex rules 2007 Revision Everyone will benefit from the comprehensive cover- and considerations involved in the various aspects of A comprehensive reference that covers the myriad age of this book, whether they represent employees, estate planning in New York State. Includes numerous legal concerns of people with disabilities. It is the ideal unions or management. Practitioners new to the sample wills and checklists. reference for those who want a “one-stop” source for field, as well as seasoned attorneys, will benefit from PN: 4095C / Member $175 / List $210 / 822 pages a thorough overview of the legal framework affecting the book’s clear, well-organized coverage of what individuals with disabilities. can be a very complex area of law. PN: 42158 / Member $160 / List $200 / 1,588 pages Foundation Evidence, Questions and PN: 42057 / Member $150 / List $185 / 1,568 pp. Courtroom Protocols (2005) This manual contains a collection of the forms and * Free shipping and handling within the conti- protocols that provide the necessary predicate or Coming Soon! nental U.S. The cost for shipping and handling foundation questions for the introduction of common outside the continental U.S. will be added to Probate and Administration of forms of evidence and the examination of witnesses. your order. Prices do not include applicable PN: 4107 / Member $48 / List $57 / 172 pages sales tax. New York Estates This new version will provide up-to-date information in the various aspects of estate administration, from preliminary preparations to filing the accounting. Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0227 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Eugene E. Peckham Binghamton Gary D. Spivey Albany MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF ASSISTANT EDITOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] EUGENE C. GERHART (1912 – 2007) Editor-in-Chief, 1961–1998 CONTENTS MARCH/APRIL 2008 PERSONAL IMAGES: THE PROFESSIONAL ATHLETE’S RIGHT OF PUBLICITY BY JAMES A. JOHNSON 10 DEPARTMENTS The Contours of Common-Law 5 President’s Message 23 Dissolution in New York 8 CLE Seminar Schedule BY PHILIP M. HALPERN 20 Burden of Proof BY DAVID PAUL HOROWITZ 30 Intellectual Property Considerations in 44 Planning Ahead the Outsourcing Industry BY ILENE S. COOPER AND JOSEPH T. LA FERLITA 48 Book Review BY POORVI CHOTHANI BY WILLIAM MICHAEL TREANOR AND MARK A. KEURIAN 36 Enhancing Victims’ Rights 50 Attorney Professionalism Forum Crime Victims Compensation 52 Language Tips BY BENEDICT J. MONACHINO BY GERTRUDE BLOCK 54 New Members Welcomed 57 Index to Advertisers 57 Classified Notices 63 2007–2008 Officers 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2008 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publication of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/ August, September, October, November/December. Single copies $20. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | March/April 2008 | 3 PRESIDENT’S MESSAGE KATHRYN GRANT MADIGAN “Celebrating Our Diversity” “We are a richer and more effective Committee on Diversity and Association because of diversity, as it Leadership Development increases our Association’s strengths, This Standing Committee, now in its capabilities and adaptability.” Excerpt fourth year, is co- and vice-chaired from NYSBA Diversity Policy, adopted by a triumvirate of Past Presidents: in 2003. Lorraine Power Tharp, Ken Standard Our Association’s diversity policy and Tom Levin, demonstrating our defines diversity inclusively: “encom- deep commitment to diversity at all passing gender, race, color, ethnic ori- levels of the Association. In addition gin, national origin, religion, sexual to identifying and nurturing diverse orientation, age and disability.” We future leaders, this Committee has have undertaken aggressive, multi- co-sponsored a series of Regional faceted approaches to more effectively Diversity Receptions, joining with identify, nurture and grow a diverse county, women’s, ethnic, minority leadership. We recognize that it is and specialty bars across the state.
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