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Triumph Over Adversity Serving Our Members During the Pandemic March 2021 NEW YORK STATE BAR ASSOCIATION MAY/JUNE 2021 Journal VOL. 93 | NO. 3 TRIUMPH OVER ADVERSITY SERVING OUR MEMBERS DURING THE PANDEMIC MARCH 2021 MARCH 2020 34% 157 Increase in HOD News Releases & Media Meeting Attendance Advisories Distributed 40K 5 Total CLE Program Software Programs Implemented Registrations (Salesforce, WordPress, Zoom, Microsoft Teams and Basecamp) 4,516 53,793,052 Annual Meeting 2021 Total E-Mails Sent (Virtual) Attendees Thank You! For your dedication, For your commitment, and For recognizing the value and relevance of your membership. As a New York State Bar Association member, your support helps make us the largest voluntary state bar association in the country and gives us credibility to speak as a unified voice on important issues that impact the profession. Scott M. Karson Pamela McDevitt President Executive Director From the NYSBA Bookstore Must-Have Best Sellers Titles Construction Site Personal Injury Litigation, LexisNexis® New York State Bar Association’s Automated Surrogate’s Third Edition NEW RELEASE Forms The third edition includes a new chapter covering OSHA inspections This fully automated set of forms contains all and enforcement actions, including employer requirements in general, the official probate forms as promulgated by the guidance for taking COVID precautions and the impact of OSHA OCA as well as the forms used specifically by the local Surrogate’s Court. violations on civil litigation. Downloadable: 6229E20 | Member $868 | Print: 404721 | eBook: 404721E | 604 pages | Members $135 | List $180 List $1,019 New York Employment Law: The Essential Guide Estate Planning & Will Drafting in New York NEW RELEASE Written and edited by experienced practitioners, Covering a wide range of state substantive and regulatory employment this comprehensive book is recognized as one issues, this title offers clear and succinct responses to more than 450 of the leading references available to New York employment law questions. attorneys involved in estate planning. Includes Forms. Print: 410121 | eBook: 410121E | 560 pages | Members $95 | List $130 Print: 4095C | eBook: 4095CE | 946 pages | Member $185 | List $220 Estate Planning: A Guide to the Basics NEW RELEASE ® This easy-to-read reference is a great resource for the non-attorney LexisNexis NYSBA’s Automated looking to increase their knowledge of estate planning options. Estate Planning System This estate planning system uses document Print: 409321 | eBook: 409321E | 38 pages | Member $15 | List $25 assembly software to empower users to draft wills, trusts and powers of attorneys quickly and easily. Elder Law & Special Needs Planning/Will Drafting, Downloadable: 6270E20 | Member $1,467 | 2020-21 NEW RELEASE List $1,728 This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering Real Estate Titles: The Practice of this field. Real Estate Law in New York, 4th Ed This is an invaluable resource for all real estate Print: 4082121 | eBook: 4082121E | 360 pages | Member $125 | List $165 practitioners. Written and edited by many leading real estate practitioners, this book updates and expands on the landmark publi- Matrimonial Law, 2020-21 NEW RELEASE cation originally edited by Jim Pedowitz. Matrimonial Law provides a step-by-step overview for the practitioner Print: 421020 | eBook: 421020E | 1,723 pages | handling a basic matrimonial case. Member $185 | List $235 Print: 412121 | eBook: 412121E | 472 pages | Member $125 | List $165 LexisNexis® NYSBA’s Automated Residential Real Estate Forms Real Estate Transactions – Residential Property, Discover how easy it is to electronically produce 2020-21 NEW RELEASE dozens of residential real estate forms—for both Real Estate Transactions–Residential Property is a practical, step-by-step downstate and upstate transactions—by using these Residential Real Estate Forms. guide for attorneys representing residential real estate purchasers or Downloadable: 6250E20 | Member $950 | sellers. List $1,118 Print: 421421 | eBook: 421421E | 636 pages | Member $125 | List $165 Probate and Administration of Decedents’ Estates, 2020-21 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 orders shipped Probate and Administration of Decedents’ outside the continental U.S. will be based on destination and added to your total. Estates is a practical guide for an attorney who represents a petitioner in a probate or administration proceeding. Print: 419621 | eBook: 419621E | 208 pages | Member $125 | List $165 NYSBA.ORG/PUBS 1.800.582.2452 JournalNEW YORK STATE BAR ASSOCIATION COMMITTEE ON COMMUNICATIONS AND PUBLICATIONS Prof. Michael L. Fox, Chair Kelly McNamee, Vice Chair Prof. Hannah R. Arterian Marvin N. Bagwell Jacob Baldinger Brian J. Barney Mark Arthur Berman Earamichia Brown Hon. Janet DiFiore Daniel H. Erskine Michael W. Galligan Sarah E. Gold Ignatius A. Grande Mohammad Hyder Hussain Prof. Michael J. Hutter, Jr. Hon. Barry Kamins Elena DeFio Kean Paul R. Kietzman Daniel Joseph Kornstein Ronald J. Levine Peter H. Levy Julia J. Martin David P. Miranda Gary R. Mund Marian C. Rice PUBLISHER Pamela McDevitt Visit the Executive Director NYSBA CHIEF COMMUNICATIONS STRATEGIST Coronavirus (COVID-19) Susan DeSantis PRODUCTION EDITORS Information Center Pamela Chrysler Alyssa Colton SENIOR WRITER Get the latest Christian Nolan CONTRIBUTORS Brendan Kennedy Courts Brandon Vogel DESIGN Lori Herzing Latest News and Information Erin Corcoran CLE Programs Christine Ekstrom COPY EDITORS Alex Dickson Informational Webinars (Non CLE) Reyna Eisenstark Howard Healy NYSBA Updates and Cancellations EDITORIAL OFFICES One Elk Street, Albany, NY 12207 518.463.3200 • FAX 518.463.8844 Wellness www.nysba.org NYSBA ADVERTISING MCI USA Holly Klarman, Account Executive [email protected] NYSBA.ORG/COVID-19-INFORMATION-UPDATES 410.584.1960 SUBMISSIONS Send articles to [email protected] Review submission guidelines at nysba.org/journalsubmission JournaNEW YORK STATE BAR ASSOCIATION l Contents MAY/JUNE 2021 VOL. 93 | NO. 3 8 A Vision for the Future by Scott M. Karson In this issue: Departments: 13 Who’s a Parent? The Appellate Division 5 President’s Message Is Divided on the Answer 53 Hilary on the Hill by Joseph Williams by Hilary Jochmans 16 Fighting Misinformation: 56 Attorney Professionalism Forum How New Laws Might Help by Deborah A. Scalise, Tereza Shkurtaj by Gail Ehrlich and Vincent J. Syracuse 20 Amendments to Uniform Rules, Part 2 61 State Bar News in the Journal by David L. Ferstendig 65 Classifieds 26 Go to Bed: The Ethics of Exhausted Lawyering 67 by John Marsella Marketplace 69 2020–2021 Officers 30 New Normal of Remote Lawyering Has Ethical Implications 70 The Legal Writer by Carrie H. Cohen and Chan-young Yang by Gerald Lebovits 33 New York’s New Right of Publicity Law: Protecting Performers and Producers by Judith B. Bass 38 Trials in Fiction and Film: Can Reality Compete? by William B. Stock 42 How Divorce Law in New York State Favors the Spouse With the Financial Advantage by Neil E. Kozek and Hon. Mark C. Dillon 47 Beware the Undesirable Default Rule in International Arbitration Agreements by Robert K. Kry 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 New York State Bar Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. For submissions guidelines: www.nysba.org/JournalSubmission. Material accepted may be published or made available through print, film, electronically and/or other media. Copyright ©2021 by the New York State Bar Association. Single copies $30. Library subscription rate is $210 annually. Journal (ISSN 1529-3769) is published bimonthly (January/February, March/April, May/June, July/August, September/October, November/December) by the New York State Bar Association, One Elk Street, Albany, NY 12207. Periodicals postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes to: Journal, One Elk Street, Albany, NY 12207. CONNECT WITH NYSBA VISIT NYSBA.ORG/BLOG Comment. Connect. Share. POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit LEGAL Amount $ 1,500.00 INDUSTRY Reference NEW CASE The easiest way to accept credit, debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Synovus Bank, Columbus, GA. 855-759-5284 | lawpay.com/nysba PRESIDENT’S MESSAGE SCOTT M. KARSON NYSBA’s First Virtual President: How What We Learned in the Pandemic Will Shape the Association’s Future hen I assumed the presidency of the New York installed as president via Zoom by New York’s distin- WState Bar Association last June, we were roughly guished Chief Judge Janet DiFiore. That honor was three months into the coronavirus pandemic that has repeated several weeks later when I was virtually installed fundamentally changed the way our association, our once again, this time by Senior Associate Judge Jenny profession – and the world at large – operates. Rivera during the June 2020 meeting of our House of At that time, I had no way of knowing how long this Delegates. disruption would last.
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