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MARCH 2019 Journal VOL NEW YORK STATE BAR ASSOCIATION MARCH 2019 Journal VOL. 91 | NO. 2 CONNECT WITH NYSBA VISIT NYSBA.ORG/BLOG Estate Planning Special Needs Trusts LAW PRACTICE Juror Texting MANAGEMENT: for Inventors WHAT TO ASK Eileen M. Ebel The Right to Be Forgotten VENDORS ABOUT The Art of Cross-Examination AI PRODUCTS NYSBACLE www.nysba.org/cle Upcoming CLE Programs Bringing you the best and most relevant continuing education to help you be a better lawyer. HIPAA Basics 2019 Protecting Personal Injury Recoveries Easement Law in New York 3.5 Credits for Persons on Public Benefits 4.0 Credits Monday, March 11 | NYC & Webcast 6.5 Credits Friday, March 29 | Albany & Webcast How to Build a Successful Solo Practice Friday, March 15 | NYC & Webcast The Purchase & Sale of a Business Out of a Home Office What Makes Lawyers Happy 3.0 Credits 3.5 Credits 2.0 Credits Monday, April 1 | NYC Monday, March 11 | NYC & Webcast Monday, March 18 | NYC Accounting for Lawyers Taking the Lead 2019: Winning Strategies Being Heard at Hearings | 3.0 Credits and Techniques for Commercial Cases Local Criminal Court Practice Monday, April 1 | NYC 2.0 Credits 3.5 Credits Tuesday, April 16 | Albany Tuesday, March 12 | NYC Monday, March 18 | NYC Amendments to the Commercial Electronic Information in Criminal Friday, March 22 | Buffalo Division Rules Investigations and Proceedings Thursday, March 28 | Albany & Webcast 1.0 Credits 3.0 Credits Friday, March 29 | Long Island Tuesday, April 2 | Webinar Wednesday, March 13 | NYC Friday, March 29 | Westchester Family Court Practical Skills: Support, Legal Ethics in the Digital Age 2019 Legal Malpractice 2019 Custody, Family Offense Hearings & 4.0 Credits 4.0 Credits Diversity Wednesday, March 13 | NYC Tuesday, March 19 | Albany & Webcast 7.0 Credits Wednesday, March 20 | Long Island Representing Veterans in Setting Up and Tuesday, April 2 | Albany & Webcast Monday, March 25 | NYC Wednesday, April 3 | Westchester Running Businesses Thursday, March 28 | Rochester 4.0 Credits Thursday, April 4 | Long Island Wednesday, March 13 | Westchester Bridging the Gap Spring 2019 Thursday, April 4 | Syracuse 16.0 Credits Monday, April 8 | Buffalo Health Care Privacy, the Electronic Health Thursday, March 21 – Friday, March 22 | Albany Commercial Mortgage Foreclosures Record, and Technological Developments & Webcast 1.0 Credit & Workouts Thursday, March 14 | NYC Family Court Practical Skills: Support, 7.5 Credits Custody, Family Offense Hearings & Thursday, April 4 | Rochester Trusts & Estates in the Digital Age: New Diversity Friday, April 5 | NYC & Webcast Technologies Creating Assets & Liabilities 7.0 Credits New York Appellate Practice 1.0 Credit Friday, March 22 | NYC Thursday, March 14 | NYC 7.0 Credits New York Appellate Practice Thursday, April 4 | Albany The Intersection of e-Discovery and 7.0 Credits Friday, April 5 | Long Island Foreign Parties & Law – How Electronic Friday, March 22 | Rochester Monday, April 15 | Westchester Information Can Go Across Borders Friday, March 29 | NYC 1.0 Credit We All Speak Justice Here! Ensuring Thursday, March 14 | NYC Commercial Arbitration 2019 – What Language Access in the New York Courts Parties & Their Counsel Have a Right to 2.0 Credits 15th Annual International Estate Planning Expect & Arbitrators Should Be Delivering: Friday, April 5 | NYC Institute Arbitration at Its Best Being Heard at Hearings | Local Criminal 13.0 Credits 7.0 Credits Thursday, March 14 – Friday, March 15 | NYC Court Practice Monday, March 25 | NYC 3.5 Credits Social Media, Hate Speech, Privacy & the Representing Veterans before the Monday, April 8 | Syracuse First Amendment Veterans’ Administration Thursday, April 11 | Glens Falls 1.0 Credit 4.0 Credits Thursday, April 11 | Rochester Thursday, March 14 | NYC Thursday, March 28 | Westchester www.nysba.org/cle | Register online or call 1.800.582.2452 The New York State Bar Association has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the state of New York. From the NYSBA Bookstore Must-Have Best Sellers Titles Estate Planning & Will Drafting in New York Attorney Escrow Accounts – Rules, Regulations and Related Topics, 4th Ed. (w/2018 Revision) This is the go-to guide on escrow funds and Written and edited by experienced practitioners, this comprehensive agreements, IOLA accounts and the Lawyers’ book is recognized as one of the leading references available to New Fund for Client Protection. With CD of forms, York attorneys involved in estate planning. Includes forms. ethics opinions, regulations and statutes. Print: 4095C | E-book: 4095CE | 946 pages | Member $185 | List $220 Print: 40264 | E-book: 40264E | 436 pages Member $60 | List $75 Probate and Administration of New York Estates Evidentiary Privileges, 6th Ed. A comprehensive, practical reference covering all aspects of probate Covers the evidentiary, constitutional and and administration, from the preparation of the estate to settling purported privileges that may be asserted at the grand jury and at trial. the account. This offers step-by-step guidance on estate issues, and Print: 40996 | E-book: 40996E | 450 pages provides resources, sample forms and checklists. Member $55 | List $75 Print: 40054 | E-book: 40054E | 1,096 pages | Member $185 | List $220 Foundation Evidence, Questions and Preparing For and Trying the Civil Lawsuit, 2nd Ed. Courtroom Protocols, 5th Ed. This classic text has long been the go-to book (2018 Update) to help attorneys prepare the appropriate More than 30 of New York State’s leading trial practitioners and foundation testimony for the introduction of other experts reveal the techniques and tactics they have found most evidence and examination of witnesses. effective when trying a civil lawsuit. Print: 41074 | E-book: 41074E | 344 pages Member $65 | List $80 Print: 41955 | E-book: 41955E | 1,528 pages | Member $185 | List $235 New York Contract Law: A Guide for NY Lawyers’ Practical Skills Series Non-New York Attorneys An essential reference, guiding the practitioner through a common A practical, authoritative reference for case or transaction in 27 areas of practice. Nineteen titles; 16 include questions and answers about New York contract law. downloadable forms. Print: 4172 | E-book: 4172E | 622 pages Print: 40019PS | Member $695 | List $895 Member $95 | List $130 NYSBA Estate Planning System N.Y. Criminal Practice, 5th ed. (Powered by HotDocsTM) Written by criminal law attorneys and judges with decades of practical experience in the field, This Estate Planning System is a fully automated, document assembly this book is intended to guide inexperienced and software that enables the user to draft customized, estate planning veteran attorneys alike. documents for a client. Print: 41466 | E-book: 41466E | 1,160 pages Downloadable: 6270E | Member $1,104 | List $1,351 Member $150 | List $190 Grow Your Practice: Legal Marketing NYSBA’s Surrogate’s Court Forms and Business Development Strategies (Powered by HotDocsTM) A must-have for attorneys on marketing and New York State Bar Association’s Surrogate’s Forms is a fully management resources that focus on clients automated set of forms that contains all the official probate forms as and complement today’s dynamic legal practice. promulgated by the Office of Court Administration (OCA) as well as Print: 41265 | E-book: 41265E | 302 pages the forms used specifically by the local Surrogate’s Courts. Member $50 | List $65 Downloadable: 6229E | Member $684 | List $804 Legal Manual for New York Physicians, 5th Ed. Written and edited by more than 70 experienced practitioners, this title is a must- Order multiple titles to take advantage of our low flat rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for have for physicians and attorneys representing orders shipped outside the continental U.S. will be based on destination and added to your total. physicians. Print: 41326 | E-book: 41326E | 1,238 pages Member $135 | List $175 www.nysba.org/pubs 1.800.582.2452 Mention Code: PUB9161 JournalNEW YORK STATE BAR ASSOCIATION Introducing COMMITTEE ON COMMUNICATIONS NYSBA’s New AND PUBLICATIONS Prof. Michael L. Fox, Chair Samuel F. Abernethy, Esq. Prof. Hannah R. Arterian Marvin N. Bagwell, Esq. Jacob Baldinger, Esq. MEMBERSHIP Brian J. Barney, Esq. Mark Arthur Berman, Esq. Earamichia Brown, Esq. Katherine Dandy, Esq. CARD Hon. Janet DiFiore Michael W. Galligan, Esq. Sarah E. Gold, Esq. Ignatius A. Grande, Esq. Mohammad Hyder Hussain, Esq. Prof. Michael J. Hutter, Jr. Hon. Barry Kamins Elena DeFio Kean, Esq. NEW YORK STATE Paul R. Kietzman, Esq. BAR ASSOCIATION Daniel Joseph Kornstein, Esq. Ronald J. Levine, Esq. Peter H. Levy, Esq. Julia J. Martin, Esq. Michael Miller Gary R. Mund, Esq. Marian C. Rice, Esq. ID#123456 Member Since 1984 David H. Tennant, Esq. PUBLISHER Pamela McDevitt Executive Director MANAGING EDITOR Dan Weiller NYSBAMEMBERSHIP CARD Email: [email protected] PRODUCTION EDITOR Kate Mostaccio DESIGN Show off your membership Lori Herzing Erin Corcoran and unlock all of your exclusive Christine Ekstrom COPY EDITORS Alex Dickson member benefits with the new Reyna Eisenstark Howard Healy NYSBA membership card! EDITORIAL OFFICES One Elk Street, Albany, NY 12207 (518) 463-3200 • FAX (518) 463-8844 www.nysba.org If you already renewed, your membership NYSBA ADVERTISING card is on its way. MCI USA Attn: Holly Klarman, Account Executive If not, renew today to receive your new card and all 307 International Circle, Suite 190 Hunt Valley, Maryland 21030 the benefits that come with being a NYSBA member. Email: [email protected] Phone: 410.584.1960 Learn more about your exclusive member benefits at www.nysba.org/memberbenefits JournaNEW YORK STATE BAR ASSOCIATION l Contents MARCH 2019 VOL. 91 | NO. 2 8 Estate Planning for Inventors: It Makes Patent Good Sense by Eileen M. Ebel In this issue: Departments: 12 Administration of Special Needs Trusts 5 President’s Message by Edward V.
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