THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION July/August 2020 www.nassaubar.org Vol. 69, No. 11 Like us on Facebook COVID Help Only One Email Away Ann Burkowsky NCBA 2020-21 Committee List and Calendar Page 18 on, substantive legal experience Deane School of Law at Hofstra University, through the community task the Touro College Jacob D. Fuchsberg Law force by being paired with a vol- Center, and St. John’s University School of unteer member to assist them Law to respond to COVID-19 public inqui- on the COVID-19 commu- ries. NCBA Past President Martha Krisel SAVE THE DATE nity inquiries. and Hon. Maxine S. Broderick, the program’s BBQ at the Bar Drive-By In addition, the NCBA COVID-19 Law Student Pro Bono Program Mortgage Foreclosure Student Coordinator, have developed a suc- TENTATIVELY SCHEDULED Project welcomed five cessful remote mentorship program to con- Thursday, September 10, 2020 new law student interns this nect member attorneys and law students to see pg. 2 summer to assist with inquiries from Nassau collaboratively respond to inquiries sent to the County residents and research. bar association. The NCBA prides itself on a longstanding In June, the Task Force welcomed fifteen See COVID HELP, Page 7 history of lending a helping hand to the com- exceptional law students from the Maurice A. munity in times of need. When Superstorm WHAT’S INSIDE Sandy ravished the east coast in 2012, the NCBA MEMBER VOLUNTEERS HOFSTRA LAW Summer Arts/Entertainment NCBA created a series of free legal help clinics in response that are still well attended today. Abraham B. Krieger Leslie Tayne Elizabeth DeVivo Still “Out of Order” After Eight years later, the COVID-19 virus has Jonathan A. Egalite Adam Kleinberg Lisa Cairo All These Years pg. 3 affected our community, country, and world Shannon Giere in ways we could not imagine possible. The Anastasiya Lipatov Lois Schwaeber Sarah Aniece Olsen Book Review: The Round House pg. 5 Rheia Ramcharitar NCBA is proud of the programs and services it Anthony T. Wladyka Mary Anne Walling Need Career Counseling? provides to not only members, but the Nassau Ariel E. Ronneburger Matthew Weinick ST. JOHN’S LAW Better Call Saul pg. 6 County community at large as well. On Wednesday, April 1, 2020, then Nassau Brian Libert Michael A. Markowitz William Bird Book Review: Know My Name, County Bar Association (NCBA) President Deborah Rosenthal Michelle Capobianco Richard D. Collins and NCBA Past President Mindy Roman Zachary Manasia A Memoir pg. 7 Elan Wurtzel Martha Krisel announced the configuration Nicole L. Milone Adam Ratner Book Review: Why Fish Do Evelyn Kalenscher Abigail Ziegler of the NCBA COVID-19 Community Task Neil Ackerman Not Exist pg. 8 Force, a group comprised of volunteer NCBA Glenn J. Wurtzel attorney members who made themselves Omid Zareh TOURO LAW Book Review: Cain v. Abel: Irene Angelakis available to assist the local community during Richard A. Solomon Gabrielle Costa A Jewish Courtroom Drama pg. 9 these unprecedented times through virtual Jaime D. Ezratty Chiara A. Haueter Rhonda Maco legal consultations. Janine Luckie Lovashni Khalikaprasad The mission of the task force is to connect Siara Ossa Jennifer Burgess Robert P. O’Brien General Nassau County residents and small business- Yasmine Dieudonne Ross L. Schiller The Impact of Divorce on es to skilled NCBA member attorneys who John Graffeo will provide them with assistance and guid- John M. Zenir Russell C. Burcheri NCBA MORTGAGE Your Will pg.12 ance related to the pandemic. Nassau County FORECLOSURE Karen Luciano Seth M. Rosner Marketing Smart During the residents are encouraged to reach out to the PROJECT LAW NCBA by emailing [email protected] Katharine Santos Steve Dalton COVID Crisis pg.13 STUDENT INTERNS with their legal questions. Laura Dilimetin Sylvia Cabana Nursing Home Liability in Following the successful launch of the Amanda Gerstman the Pandemic pg.14 program, the NCBA had another important PROGRAM ADMINISTRATORS Amanda Geist group of individuals who needed its help: Lovashni Khalikaprasad All Rights Reserved: local law students. As their semesters were Jovhann Egalite Ciara J. Villalona-Lockhart Bryan Ramdat Intellectual Property Assets in cut short, the NCBA wanted to provide law Alexander Rogalsky students with the opportunity to gain hands- Divorce Matters pg.15

OF NOTE Renew Your Membership Today! During this unprecedented time, our mission committee choices today! The full committee NCBA Member Benefit - I.D. Card Photo stays consistent—to remain the leading source for description list is located on page 17. Indicate your Obtain your photo for Secure Pass legal information and services for the legal profes- choices on your membership renewal form when sion and the local community in Nassau County. you renew online at www.nassaubar.org. Renew Court ID cards We are dedicated to providing members with online today at nassaubar.org or call the NCBA Only For New Applicants the most current resources and professional guid- Membership office at (516) 666-4850 or (516) 747- ance needed to move forward together in the 4876. Payment plan options are available. Cost $10 wake of COVID-19. We look forward to welcoming you to the Renew your membership and indicate your NCBA for the 2020-21 Bar year! UPCOMING PUBLICATIONS COMMITTEE MEETINGS CONFIDENTIAL HELP IS AVAILABLE TO LAWYERS AND JUDGES Thursday, Aug. 6, 2020 at 12:45 PM alcohol or drug use, depression or Thursday, Sept. 3, 2020 at 12:45 PM other mental health problems Call Lawyer Assistance Program (888)408-6222 LAW OFFICES OF RANDY C. BOTWINICK Attorney Grievance & Formerly of Pazer, Epstein, Jaffe & Fein CONCENTRATING IN PERSONAL INJURY Disciplinary Defense • Car Accidents• Slip & Falls• Maritime An allegation of professional misconduct can tarnish your • Wrongful Death • Defective Products reputation and place your law license in jeopardy. Let the • Tire & Rollover Cases• Traumatic Brain Injury,�... � experienced team of David H. Besso and Michelle Aulivola help • Construction Accidents you achieve a favorable result. Now associated with Halpern, Santos and Pinkert, we have obtained well over $100,000,000 in awards for our clients during the last three decades. This combination of attorneys will surely provide the quality Co-Counsel and representation you seek for your Florida personal injury referrals. Participation Fees Paid

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From Orlando to M1am1 ... From Tampa to the Keys www.persona11niury1awyer.ws YOU'RE I N VITED! FIRST EVER NCBA MEMBER APPRECIATION DRIVE-BY BBQ AT THE BAR

THURSDAY, SEPTEMBER 10, 2020 Please bring a at the Nassau County Bar Association non-perishable food item to be donated 15th & West Streets, Mineola to our food drive! 5:00 to 6:00 or 6:15 to 7:15 PM RAIN DATE: Wednesday, September 16, 2020

THERE IS NO CHARGE FOR THIS EVENT. YOU MUST PRE-REGISTER. To register, contact Special Events at [email protected] or (516) 747-4070 ext. 1226. Specify your desired time slot and if you will be picking up or staying to network for an hour.

Drive by the NCBA to receive a to-go BBQ dinner, beverage, dessert, and swag bag! Or stay an hour and meet and network with our Directors, Officers, Staff, Corporate Partners, and fellow members in a standing-only networking area for up to 50 people per time slot.

FACE MASKS ARE REQUIRED! SOCIAL DISTANCING WILL BE ENFORCED! Nassau Lawyer July/August 2020 3 Summer Arts/Entertainment Still “Out of Order” After All These Years

These proceedings are here to see that sonalities in …And Justice for All. photos, the Judge nonchalantly of the criminal justice system while still serv- justice is done. And justice is, as any [I]t’s the defense counsel’s duty acknowledges his guilt knowing ing as a biting, poignant commentary on the reasonable person will tell you, the to protect the rights of the indi- he has enough backing to secure law itself. It is also a movie that is a lot of fun finding of the truth. And what is the vidual, as it is the prosecution’s his own acquittal. The audience to watch for lawyer and layman alike. truth today? duty to uphold and defend the is bolstered in this belief because Rudy Carmenaty serves as a Bureau Al Pacino as Arthur Kirkland laws of the state. Justice for all. the prosecutor, played by Craig 1 Chief in the Office of the Nassau County …And Justice for All (1979) Only we have a problem here. T. Nelson, is more obsessed with Attorney, is the Director of Legal Services And you know what it is? Both football metaphors, making plea- The 1970’s were not an easy decade for for the Nassau County Department of sides wanna win. We wanna win deals in the hallway, and nailing the United States. Vietnam, Watergate, oil Social Services, and the Language Access regardless of the truth. And we the Judge so as to advance his Coordinator for the Nassau County embargoes, and the sexual revolution, all wanna win regardless of justice, career than properly prosecuting Executive. He is also Vice-Chair of the tore at the social fabric. The counterculture regardless of who’s guilty or inno- Rudy Carmenaty the case. NCBA Publications Committee. of the previous decade became mainstream, cent. Winning is everything! But what sets Kirkland over the with many Americans questioning long-held It seems every courtroom drama inevita- edge, resulting in probably the most recog- 1. Kirkland’s summation is quoted from …And Justice values and doubting established institutions. For All (1979) Screenwriter(s) Valerie Curtain, Barry bly pits the prosecution and the defense as nizable opening statement in movie history, In the movies, it was a creative if chaot- Levinson at “Best Film Speeches and Monologues 1978- antagonists. …And Justice for All is different is when Fleming cavalierly asserts that he ic era. Filmmakers defied convention and 1979”. Filmsite.org. because Kirkland’s foil is not a prosecutor, but wouldn’t mind sleeping with his accuser once 2. The courtrooms scenes were filmed at the Clarence began reexamining just about every aspect rather the character of Judge Henry Fleming more. “You must admit she is an attractive M. Mitchell, Jr. Courthouse in Baltimore. See Tim of society. In this vein, Norman Jewison’s … (John Forsyth). Fleming is upright and woman,” he says, “I wouldn’t mind seeing Prudente, Treasures throughout, Baltimore’s Mitchell And Justice for All does for the legal profes- Courthouse also holds a century of drama, Baltimore Sun uptight. It was he who sent Kirkland to jail her again sometime.” The brazen arrogance sion what Robert Altman’s M*A*S*H* did (December 29, 2017) at www.baltimoresun.com. for contempt. Later he becomes Kirkland’s inherent in Fleming’s words serve as a fitting for the military. The film offers a revealing, 3. Surinder Singh, Movie Review: …And Justice For All, client when the judge is charged with raping coda to the many insanities visited upon 1979, (Sept. 9, 2016) at festivalreviews.org. if satiric, portrait of the law, showing it to be and brutally beating a young woman. Kirkland during the course of the film: 4. Strasberg was one of the founders of the legendary far more volatile than previously presented Cynically, Kirkland is selected as Fleming’s You’re out of order! You’re out of order! Group Theater and the director of the Actor’s Studio. He on the screen. counsel for “political reasons” stemming from The whole trial is out of order! They’re was a father figure to Pacino and acted opposite him in For though the courtrooms photographed The Godfather, Part II (1974) 2 their prior acrimony. After all, why would out of order! That man, that sick, crazy 5. Levinson would go on to direct Diner (1982), Rain are still majestic, they are now occupied Kirkland represent the judge if he didn’t depraved man raped and beat that with people who are all too human while at Man (1988), and Wag the Dog (1997). believe he was in fact innocent. Kirkland woman there, and he’d like to do it 6. Adam Banner, 12 pivotal scenes with lessons for lawyers times all too removed from being humane. It at first refuses. He is then pressured/black- again! He told me so! It’s just a show! It’s And Justice for All (1979) at www.abajournal.com seems as if the stalwart American lawyer, best mailed into taking Fleming’s case with threats “Let’s Make a Deal!” …Hey, Frank, you 7. Banner, supra. exemplified by Earle Stanley Gardner’s Perry of disbarment when an old ethical lapse is want to make a deal? I got an insane 8. Anthony DeCurtis, Al Pacino: The Rolling Stone Interview, Rolling Stone (Oct. 17, 1996) 63. Mason, is no longer practicing law. In his held over his head. judge who likes to beat the s**t out of place is Al Pacino’s Arthur Kirkland. What makes Fleming such a perfect vil- women! What do you want to give me, What is justice? What is the intention lain is that he appears to act out of genuine Frank? Three weeks probation? of justice? The intention of justice is to conviction. He really means it when he says Kirkland and his circle seem to reside see the guilty people are proven guilty that “[p]rison should be a frightening place. in a perpetual Catch-22. It’s a bizarre world and that the innocent are freed. Simple, Let those criminals create their own hell- where the courts conspire on a technicality isn’t it? Only it’s not that simple. hole…. the idea of punishment to fit the to crush a little guy like Jeff McCullough, Arthur Kirkland could perhaps be crime doesn’t work. We need unjust punish- an innocent man brutalized behind bars described as Frank Serpico with a law 3 ment. Hang somebody for armed robbery. for a crime he didn’t commit. At the same degree. Pacino portrayed the rebel cop in Try it! We’ve got nothing to lose.” There are time, every effort is made to protect Judge Sidney Lumet’s Serpico (1973). As with the some in the audience who may concur with Fleming, who, baring Kirkland’s devastating earlier film, he is a moral man doing righ- these sentiments. opening statement, would have presumably teous battle within an amoral system. As he Counsel and client are studied contrasts. been allowed to skate free without even the tells his grandfather Sam, lovingly played by Whereas Kirkland genuinely cares about his proverbial slap-on-the-wrist. libn 4 Lee Strasberg, “being honest doesn’t have clients, Fleming is arrogant, self-satisfied, The tension between having justice meted much to do with being a lawyer grandpa.” and high-handed. Nevertheless, he gives out to Fleming and Kirkland’s duty to defend Having practiced law for a dozen years, he Fleming his all. As Kirkland prepares the a clearly guilty man goes to the crux of the is not naïve. But neither is he embittered nor 6 e-alert defense, a witness suddenly comes forward to client-lawyer relationship. In making his is he despondent. Like many, he maintains bolster the case. A polygraph test is adminis- opening statement, Pacino validates the vis- his sanity in an existential fashion, one case at tered that confirms the Judge’s story. Being a ceral needs of the audience to see the Judge a time. Trying mightily to secure some small respected “law and order” judge, testimonials exposed. At the same, it substantiates their measure of justice for his clients, Kirkland as to Fleming’s character are generated. It all subconscious fears that in real life justice is does the best he can with all the verve and however turns out to be a sham. seldom done. As one of Kirkland’s more per- skill he can muster. She doesn’t have a motive. You know ceptive clients wryly notes, “[w]ho says you If Perry Mason presented a court-room why? Because she is not lying. And ladies have to be sane to practice law.” procedural, the legal process as it should and gentlemen of the jury, the prosecu- The film’s final denouement proves quite work, then …And Justice for All is a kind- tion is not gonna get that man today. No! problematic for legal ethicists. As officers of of counter-procedural. As if conjured by a Because I’m going to get him.... The son the court, defense attorneys don’t ascertain latter-day Voltaire, every case seems to go of a bitch is guilty!….That man is guilty! guilt but instead are obligated to provide haywire with the film shining a twisted spot- That man there, that man is a slime! If their client the best representation possible light on a criminal justice system gone mad. he’s allowed to go free, then something in furtherance of their constitutional rights.7 Not too surprisingly, the film opens with really wrong is goin’ on here! One should note that since the crime has Kirkland in a jail cell for having taken a swing In all actuality, Fleming is guilty. The already been committed, there is no issue at a judge. Watching the movie, one gets the witness, the polygraph, and the testimonials about preventing a pending offense. feeling that miscarriages of justices are the were all fabricated on the Judge’s behalf. Hold it! Hold it! I just completed my norm not the exception. One of Kirkland’s more seedier clients, Carl opening statement! Whether it is the innocent Jeff McCullough Travers (Dominic Chianese), turns up with Combining as it does dark humor with (Thomas Waites) or the guilty, but highly some disgusting photos of Fleming and the visceral drama, …And Justice for All could vulnerable, Ralph Agee (Robert Christian), head of the Ethics Committee consorting easily have degenerated into parody. What Kirkland’s clients are trapped in dramatical- with a prostitute. The Judge, who Forsyth holds the film together is that its characters ly surreal situations. His love-interest Gail portrays as the symbol of judicial rectitude are not caricatures. They may constantly be Packer (Christine Lahti) works for an ethics and moral probity, is really something else involved in gripping circumstances, but at committee, which is out to get him. His law entirely behind closed doors. a minimum these situations have a whiff of OUR DAILY NEWS partner Jay Porter (Jefferey Tambor) loses Hints of Fleming’s depravity are dropped reality. Forsyth’s Fleming is a worthy adver- his own fragile grip on reality after a former throughout the script, which was written by sary to Kirkland, and the supporting cast is, client, whose acquittal he secured, kills again. Valerie Curtain and Barry Levinson.5 When to say the least, never boring. ALERT IS FREE. The film’s depiction of the bench is also finally revealed, it comes off not so much as But what truly sets the film apart is Pacino’s illuminating. Judge Rayford, Jack Warden in a a shock. Instead, it is a confirmation that the riveting performance. As Sidney Lumet once sublime performance, is hell-bent on suicide. courts are not only rotten, they are perverse astutely observed, “Al is so completely dedi- SIGN UP NOW AT Whether eating his lunch on the window ledge and hypocritical. But the bar doesn’t come cated to the truth of what he is doing that he libn.com outside his chambers or flying his helicopter as off unscathed. When Kirkland and his col- becomes a barometer of truth for everyone it runs short of fuel or putting a shotgun to his leagues first learn of Fleming’s arrest, they on the set, including the director.”8 mouth, Rayford never seems to be questioned celebrate and even laugh out loud that the …And Justice for All is not a time capsule about his temperament much less his sanity. authorities got the Judge on a rape charge. nor a relic of a bygone era. It retains its vitali- Ironically, he is one of the more appealing per- When Kirkland shows Fleming the ty as an anarchic, fun-house mirror depiction 4 July/August 2020 Nassau Lawyer Nassau Lawyer The Official Publication President’s Column of the Nassau County Bar Association 15th & West Streets, Mineola, N.Y. 11501 As we approach the first sixty (60) days of this law enforcement and the judiciary—to bring Phone (516)747-4070 • Fax (516)747-4147 administration, our team had to adapt quickly to change, correct inequities, and ensure equal www.nassaubar.org E-mail: [email protected] the challenges of being open, yet remaining safe- justice and fairness for all members of our com- ly apart. Times such as these make you wonder munity who expect ethical, moral, and upright NCBA Officers whether the nineteen charter attorneys who met at behavior from those constitutionally bound to President the Allen’s Hotel in Mineola would have envisioned uphold the law. Dorian R. Glover, Esq. our Association having remain true to the mission We also support local communities and their President-Elect of delivering competent legal services to all without leaders who are organizing peaceful, anti-racist Gregory S. Lisi, Esq. regard to their ability to pay; to protect and improve Vice President responses, and we are committed to expanding Rosalia Baiamonte, Esq. our system of justice; to maintain and increase our our efforts to provide additional services to Treasurer levels of professionalism through continuing legal those in need. Sanford Strenger, Esq. education programs; and to inspire all citizens to Our Diversity Committee Chair, Judge Maxine Secretary have an appreciation and respect for the law while Daniel W. Russo, Esq. From the Broderick, along with Vice Chair Rudy Carmenaty providing benefits and opportunities to enhance Executive Director and our Civil Rights Committee Chair Bernadette professional, personal, and economic growth all the President Elizabeth Post while remaining safely apart. Ford, have taken the mantel by remaining focused Editor-in-Chief Thanks to our staff, led by our Executive Director on improving our system of justice with educational Christopher J. DelliCarpini, Esq. Dorian R. Glover Copy Editor Elizabeth Post, and the Executive Team of President- programs, including reading Between the World and Me by Ta-Nehisi Coates, and a program “How to Allison C. Shields, Esq. Elect Greg Lisi, Vice President Rosalia Baiamonte, Editor/Production Manager Treasurer Sanford Strenger, Secretary Daniel W. Deal With Abusive Police Officers” presented by civil rights attorney Frederick K. Brewington. Little did Ann Burkowsky Russo, and Immediate Past President Rick Collins, Photographer all who have tireless given of their time and talents to insure that our viewers of the Brewington presentation know we would expe- Hector Herrera amid a pandemic, and a call for racial equality, we have remained rience a “Zoom bomber” who showed the necessity for the Bar to focused on our mission. keep moving forward when presented by such hate. July/August 2020 The Diversity Committee has plans for Heritage Month Arts/Entertainment Next Phase of COVID-19 and Celebrations in the coming months: Holocaust Remembrance, Rudy Carmenaty, Esq. What It Means to Your Practice. January 2021; Black History, February 2021; Asian Heritage, May Focus Editor 2021; and Hispanic Heritage, October 2021. They also plan to Rhoda Y. Andors, Esq. Cynthia A. Augello, Esq. As of July 17, 2020, Hon. Norman St. George, Administrative present the Amistad Case, just to name a few of the activities. Judge announced the protective measures used to prevent the Christopher J. DelliCarpini, Esq. spread of the COVID-19 virus as the courts are “slowly and delib- Andrea M. DiGregorio, Esq. Partnering with the Suffolk County Bar Association Thomas McKevitt, Esq. erately increase[ing] in-person courthouse proceedings.” Allow The New York State Bar Association formed a Task Force Jeff H. Morgenstern, Esq. me to express on behalf of the Bar, Justice St. George we recognize called “School to Prison Pipeline—Restorative Justice.” The Task the task at hand and value all that you are doing. Also, I would Force findings concluded that because suspension is the statuto- Upcoming Focus Issues like to thank the Supreme Court Coronavirus Task Force, Past September 2020 rily endorsed discipline that may be issued in accordance with President Chris McGrath and Bill Croutier, Jr., for their contin- Real Estate/Municipal Law Education Law 3214, students of color and students with a dis- ued efforts in connection with the impact on both plaintiffs and October 2020 ability will continue to be suspended at a greater frequency than defendants’ matters. General/OCA students who are Caucasian unless statutory change is effectuated. November 2020 COVID is Not Having an Impact on Our Law The NCBA, in partnership with the Suffolk County Bar Criminal Law Students and Pro Bono Services. Association, the Suffolk County Sheriff’s Office, and the Suffolk Academy of Law, are participating with the Restorative Justice Committee Members We would like to thank our wonderful mentors and law students Symposium—Breaking the School to Prison Pipeline. Christopher J. DelliCarpini, Esq., for their fantastic work with the NCBA COVID-19 Law Student In addition, following the recent landmark decision Bostock Co-Chair Pro Bono Program thus far this summer. Nassau County residents v. Clayton County—the U.S. Supreme Court ruled that the 1964 Andrea M. DiGregorio, Esq., Co-Chair and small businesses with COVID-19 legal concerns should send Title VII of the Civil Rights Act protects gay, lesbian, and trans- Rhoda Y. Andors, Esq. Cynthia A. Augello, Esq. an email to [email protected]. An immediate response is gender employees from discrimination based on sex—the LGBTQ generated that outlines the next steps and provides specific con- Deborah S. Barcham, Esq. Committee Chairs of Nassau and Suffolk County Bar Associations Felicia Binkis, Esq. tact information for those facing family violence (The Safe Center are having a joint meeting to combine talent and energy for a project. Deanne Marie Caputo, Esq. of Long Island) or certain civil legal issues (Nassau Suffolk Law Rudolph Carmenaty, Esq. Services). NCBA staff reviews each email and assigns it to one of the Event Planning Joel S. Charleston, Esq. NCBA Member Volunteers. The Member Volunteers are attorneys Gianna Crespo, Esq. who have agreed to provide consultation in their areas of exper- Opening of the Bar Thomas J. Deas, Esq. tise. That assigned Member Volunteer then contacts the resident As we all are getting a bit anxious of staying safe at home, we Anthony J. Fasano, Esq. or business who has sought consultation. As always, the NCBA at the Bar join in your desire to attend lunch CLEs and meet with Nancy E. Gianakos, Esq. Mortgage Foreclosure Program is available for free consultations colleagues. We have chosen to put the safety and lives of our staff Naela Hasan, Esq. and can be reached at [email protected]. and members first. Towards that end, we are adhering to New Adrienne Flipse Hausch, Esq. York State’s Office-Based Work Guidelines and cleaning guide- Patricia Kessler, Esq. Answering the Call lines provided by the Centers for Disease Control and Prevention Kenneth J. Landau, Esq. Michael J. Langer, Esq. (CDC). With all the safety precautions we are taking at Domus, we In the weeks following the death of George Floyd in Hon. Thomas F. Liotti Minneapolis, the nation and the world engaged in protests advo- believe that it is best to continue to have a reduced staff presence Cheryl Y. Mallis, Esq. cating justice and calls to end excessive police force. Our Board of and not permit foot traffic until further notice. Michael H. Masri, Esq. Directors issued the following statement: BBQ at the Bar Thomas McKevitt, Esq. In response to members who participated in a survey pre- Daniel McLane, Esq. Statement of the Nassau County Bar Association sented by our Communications Manager Ann Burkowsky, we Jeff H. Morgenstern, Esq. Sasha A. Navarrete, Esq. on Changes Needed within the Justice System have decided to go forward with our Annual BBQ at the Bar on Marian C. Rice, Esq. The unspeakable acts committed against George Floyd September 10. The event will be held outdoors with safety mea- Michael A.H. Schoenberg and others by some members of law enforcement are abhor- sures in place and include a drive-by option for members to pick Allison C. Shields, Esq. rent. As lawyers, it is our responsibility to improve our sys- up dinner and a goodie bag. Following COVID-19 guidelines— Tammy Smiley, Esq. tem of justice for our communities that are underserved and including limited attendees, face masks and social distancing—up Ellen B. Tobin, Esq. marginalized. to 50 members per time slot will be able to network with Officers, Eric Anthony Zeni, Esq. The Nassau County Bar Association will work with our Directors, Corporate Partners and colleagues. See page two for Published by justice partners—community leaders, government officials, additional information. Long Island Business News (631)737-1700; Fax: (631)737-1890 Publisher Graphic Artist Joe Dowd Wendy Martin Nassau Lawyer (USPS No. 007-505) is pub- lished monthly, except combined issue of July and August, by Long Island Commercial Review, 2150 Smithtown Ave., Suite 7, Ronkonkoma, NY 11779- 7348, under the auspices of the Nassau County Bar Association. Periodicals postage paid at Mineola, Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest NY 11501 and at additional entries. Contents copy- right ©2019. Postmaster: Send address changes to to our membership. Views expressed in published articles or letters are those of the authors alone and are not to be attributed to Nassau Lawyer, the Nassau County Bar Association, 15th and West its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations, and quotations. Streets, Mineola, NY 11501. Nassau Lawyer July/August 2020 5 Summer Arts/Entertainment Book Review: The Round House

The Stories Mooshum’s battle of indifference or prejudice, or under tribal array stood ready The Round House law, which has no jurisdiction over them. The The Round House is one story and many in the back entry by Louise Erdrich stories. Round House asks, and answers, where else through October. Harper Collins, 2012 justice can be found. To begin with, The Round House is the ISBN: 978-0-06-206524-7 When the first snow Of note: On July 9, 2020, the U.S. story of one summer on a Chippewa res- fell, he put on his 317 pages ervation in North Dakota in the year 1988. $27.99 Supreme Court, decided McGirt v. Oklahoma, galoshes. Clemence a case with broad implications for Native The narrator, a prosecutor, tells the story, and had glued sandpa- Americans, reaffirming treaty rights and rec- within his story are many other stories, and a per to the bottoms… claimed…‘The laws of the United States now ognizing tribal sovereignty. As in The Round secret that must be told. Mooshum’s galoshes in force…prohibiting the introduction and The Round House is the story of an fit over his rabbit-fur sale of spirituous liquors in the Indian coun- House, in McGirt one key question was unspeakable crime that cannot be prosecuted trimmed moccasins Rhoda Y. Andors try, shall be in full force and effect through- which authority has jurisdiction over a crime for want of jurisdiction. out the country hereby ceded, until other- on reservation land. The Court held, in an 1 and insulated socks. Oliphant v. Squamish. He shook the He wore work pants wise directed by Congress or the President of eloquent Opinion by Justice Neil Gorsuch, fork and the stink wafted at me. Took lined with red flannel and a puffy, fluo- the United States.’”6 that state and local law enforcement cannot from us the right to prosecute non-In- rescent orange parka that Clemence had Then there is the 1978 decision in Oliphant prosecute Native Americans for major crimes dians who commit crimes on our lands. given to him so that he could be found if v. Suquamish Indian Tribe, on the question of on tribal land; only the tribal courts and the The Round House is the story of a boy and he got lost in the snow. Moosehide mitts tribal jurisdiction.7 federal government have such jurisdiction. his parents, forever changed by the crime and lined with rabbit fur and a brilliant blue Finally, we are not unaware of the No. 18-9526. S.Ct. (July 9, 2020). its aftermath. stocking cap with a wild pink pompom prevalence of non-Indian crime on Rhoda Y. Andors is an attorney with Bee And there was that moment when my concluded this outfit. today’s reservations which the tribes mother and father walked in the door Ready Fishbein Hatter & Donovan, LLP, The Round House is a fable of the tribe. forcefully argue requires the ability to disguised as old people. I thought the in Mineola, where her primary focus is Nanapush sang the buffalo song at the try non-Indians. But these are con- miles in the car had bent them, dulled employment law and class actions. She was top of his lungs, driving onward. And siderations for Congress to weigh in Co-Editor-In-Chief of Nassau Lawyer from their eyes, even greyed and whitened at last, in the white bitterness, the buf- deciding whether Indian tribes should 2016 to 2019. their hair and caused their hands and falo heard his song. It stopped to listen. voices to tremble. finally be authorized to try non-Indi- Turned toward him…the creature was ans. They have little relevance to the 1. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 The Round House is the story of Joe, a mainly a hide draped loosely over rick- (1978). thirteen-year-old boy, and Joe’s father, a tribal principles which lead us to conclude 2. United States v. Forty-Three Gallons of Whiskey, 93 ety bones. Yet she’d been immense and that Indian tribes do not have inher- judge, schooled in American laws and the in her brown eyes there was a depth of U.S. 188 (1876). ent jurisdiction to try and to punish 3. Johnson v. M’Intosh, 21 U.S. 543 (1823). tribal code. sorrow that shook Nanapush even in non-Indians. 4. https://www.nationalbook.org/books/the-round- I took out the law book my father called his desperation. The Round House is framed by the house/. the Bible. Felix S. Cohen’s Handbook of The Round House is the story of old laws Oliphant decision. In the novel, women on 5. Johnson v. M’Intosh, 21 U.S. 543 (1823). Federal Indian Law. It had been given that dispossessed a people of their lands. 6. United States v. Forty-Three Gallons of Whiskey, 93 to my father by his father; the rust red Take Johnson v. McIntosh.3 It’s 1823. the reservation are victimized sexually by U.S. 188 (1876). binding was scraped, the long spine The United States is forty-seven years non-Indians who are confident that they will 7. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 212 cracked, and every page bore handwrit- old and the entire country is based not be punished, either in the courts, because (1978). ten comments. I was trying to get used on grabbing Indian land as quickly to the old-fashioned language and con- as possible in as many ways as can stant footnotes. Either my father or my be humanly devised…[Chief Justice] grandfather had placed an exclamation Marshall vested absolute title to the point on page 38, beside the italicized land in the government and gave NCBA 2019-2020 case, which had naturally interested Indians nothing more than the right of me also: United States v, Forty-three occupancy, a right that could be taken Gallons of Whiskey.2 I suppose one of away at any time… Corporate Partners them had thought the title was ridicu- Finally, the Round House is the story of lous, as I did. modern laws that did not protect the women The Round House is the story of Joe’s in the tribe from violence. In the end, when mother, Geraldine, a tribal enrollment spe- those laws fail, an old form of justice is cialist, who was raped as one victim of the served. crime. My Mother’s job was to know every- Questions of Justice and Law one’s secrets. The original census rolls The Round House, Louise Erdich’s four- taken in the area that became our teenth novel, was the winner of the 2012 reservation go back past 1879 and National Book Award for fiction.4 As in include a description of each family Erdrich’s other recent novels, The Night by tribe, often by clan, by occupation, Watchman (2020) and La Rose (2016), in this by age and by original name in our novel questions of justice and the law, and language…My mother kept her files unequal treatment under the law, are posed locked in a safe. to readers. The Round House is the story of Joe’s In The Round House, historic U.S. friends, their comic escapades and a tragic Supreme Court decisions with unfortunate, outcome. lasting effects on Native Americans are I had three friends. I still keep up with described by Joe or his father, Basil, the two of them. The other is a white cross Chippewa tribal judge. on the Montana Hi-Line. His physical One is the 1823 decision, Johnson v. departure is marked there, I mean. M’Intosh, in which Chief Judge Marshall As for his spirit, I carry that around held, “[t]he United States, then…maintain, with me in the form of a round, black as all others have maintained, that discovery stone…He told me that the stone was gave an exclusive right to extinguish the one of those found at the base of a Indian title of occupancy, either by purchase lightening-struck tree. A thunderbird or by conquest.”5 egg, he called it. Another is the 1876 decision in United States The Round House is the story of Joe’s extend- v. Forty-Three Gallons of Whiskey, uphold- ed family, colorful and unforgettable characters ing “the treaty between the United States... all, especially Joe’s Mooshum, or grandfather. and the…Chippewa Indians, [which] pro-

Subscribe today 6 July/August 2020 Nassau Lawyer Summer Arts/Entertainment Need Career Counseling? Better Call Saul Better Call Saul is hardly a glow- tle glamour to be found in the ing endorsement of the legal pro- legal profession. In Season 2, we fession. We’ve seen our protagonist, watched Jimmy struggle to adapt Jimmy McGill/Saul Goodman, fab- to life at Davis & Main. In Season ricate documents, stage accidents, 5, we saw Kim Wexler struggle manipulate elderly clients, and join to find meaning in her work at forces with an international drug Schweikart & Cokely. But Better cartel. Yet, there is one crucial way Call Saul evolved past just showing in which Better Call Saul surpasses the differences between firm life other legal dramas. Unlike other and solo-hustler life. Instead, it shows and films, Better Call Saul exposed the audience to the real- does not focus on one type of attor- Melissa Holtzer- ities of working attorneys in all ney, or on making the legal pro- Jonas areas of the profession. fession seem exciting and glamou- rous. Rather, it gives an honest look at many of The Assistant District Attorneys we meet the different roles within the legal profession. in Better Call Saul are not the Assistant Hollywood has long been fascinated with District Attorneys we see in Law and Order. legal drama, and there are no shortage of Deputy District Attorney Bill Oakley is always attorney depictions in film and on television. seen juggling an armload of files, sometimes It’s common for television and movies to struggling to keep them straight. Roy Wood focus on one specific type of attorney. Find a Jr. from The Daily Show recently appeared as a group of attorneys and ask them who inspired public defender who seemed appreciative but them to go to law school, and at least a few bemused by Kim’s pro bono work. He accept- will likely tell you it was Gregory Peck as ed Kim’s offer to take on more pro bono cases, Atticus Finch in To Kill a Mockingbird or Sam and brought her down to his office’s basement Waterson as Assistant District Attorney Jack to select her next cases. When we see what McCoy in Law and Order. We’re drawn to looks like an endless maze of pending files, we the scrappy but principled solo practitioners, get a glimpse of how public defenders offices the no-nonsense prosecutors, or the flashy all over the country struggle to manage an attorneys of L.A. Law. Laura Dern won an ever-expanding caseload on an ever-contract- Academy Award for her portrayal of a matri- ing budget. monial attorney who could drag her adversar- Better Call Saul shines a light on civil ies down to the dirt right after chatting con- attorneys as well. Kim’s regulatory and trans- genially about sandwiches in Marriage Story. actional work for Mesa Verde Bank might But for every real-life Vinny Gambini out sound dry at first, but through Kim, we there, there’s a handful of attorneys shaking learn that such work requires a tremendous their heads every time they have to explain to amount of discipline and attention to detail. their friends and relatives that their job “isn’t really like that.” In fact, Jimmy orchestrated Chuck’s downfall It’s also common for Hollywood to focus by calling Chuck’s attention to detail into on a dichotomy between two different types doubt. One mistake on a permit application of lawyers. Think the “simple country law- undid months of work, and cost Mesa Verde yer” versus the slick big city prosecutor a substantial sum. Kim, on the other hand, is in Anatomy of a Murder, or the brash and extremely competent and is always prepared. scrappy New York City attorney versus the Better Call Saul is probably the most exposure good ol’ boy in My Cousin Vinny. Indeed, television audiences have had to banking law. Better Call Saul spends a great deal of time Lest audiences think there’s no drama in during its early seasons exploring the differ- this practice area, Season 5 had a significant ences between Jimmy’s law practice and his storyline involving Mesa Verde’s attempted brother Chuck’s. eviction of a stalwart tenant during the course NCBA Updates Regarding When we first meet Jimmy McGill, he’s of its efforts to build a call center. In-house practicing law out of a nail salon boiler room, attorneys don’t get much airtime on televi- COVID-19 Can Be Found: scrambling for work. If we flash forward sion and in Hollywood. We first met Mesa (or backwards, depending on your perspec- Verde’s in-house counsel, Paige Novick, as an tive) to the first time we meet Jimmy’s alter acquaintance of Kim who helps her land Mesa ego Saul, he’s more successful, but working Verde as a client after Kim was banished to ON OUR WEBSITE out of a strip mall with gaudy Constitution Hamlin, Hamlin, & McGill’s basement doing wallpaper in his office. The first description document review. Her role subtly expands we hear of him is in the second season of WWW.NASSAUBAR.ORG throughout the series from Kim’s point of Breaking Bad, when Jesse Pinkman famously contact to something that is part-lawyer and tells Walter White, “We don’t need a criminal lawyer. We need a criminal l aw y e r.” 1 Saul’s part-CEO whisperer to CEO Kevin Watchell. ON OUR FACEBOOK PAGE no longer working out of a nail salon, but we Real-life in-house attorneys may relate to this @NASSAU COUNTY BAR ASSOCIATION don’t necessarily respect how he did it. portrayal, as they are legal counsel, but are Chuck McGill, played by the remarkable also an integral part of their client’s internal Michael McKean, is Jimmy’s opposite in every corporate culture. way. He’s a founding partner of the prestigious It would be a stretch to say that Better Hamlin, Hamlin, & McGill, which occupies Call Saul portrays the legal profession in gorgeous office space with astounding natural a flattering light, but it is a more favorable At this difficult time, the Nassau County Bar light. Chuck is a legend in the local legal com- representation than one might initially think. Association wants you to know we will do munity—admired for both his sharp intellect The attorneys on the show may not be excit- and savvy advocacy skills. Some may fear ing, but they are serious, hardworking, and what we can to help our members with their him, but everyone respects him, and he is dedicated to their clients and their craft. Most legal and business responsibilities. seen as a role model in the legal community. of us may not ever be asked to pick up duffel And yet, Chuck’s lifestyle is not aspirational. bags full of money from drug dealers in the He struggles deeply with mental illness, which middle of the desert, but we may still see a lot All NCBA, Court, and Nassau County updates is manageable at first thanks to the goodwill he of ourselves in this show. developed at his firm, and because he is a high regarding COVID-19 can be found on our achiever. But his mental illness, paired with his Melissa Holtzer-Jonas is CaseSmart Counsel at Littler Mendelson, P.C. She represents website at www.nassaubar.org and our deep-rooted resentment towards his brother, is employers in labor and employment mat- Facebook page. We are here if you need us. ultimately his undoing. Chuck was who he was, ters pending before federal, state, and local regardless of his standing in the Albuquerque administrative agencies. legal community. In Better Call Saul, there is very lit- 1. https://bit.ly/2AJO6Gr Nassau Lawyer July/August 2020 7 Summer Arts/Entertainment Book Review: Know My Name, A Memoir I’m a civilian who’s been randomly includes powerful ninety days in a stiff cot in a jail cell. selected to receive an all-access pass to descriptions of her Know My Name, A Memoir The judge will never step foot in a court the court system.1 relationships with by Chanel Miller room again. The appellate attorney’s Known in the media as the “Stanford those she had known Viking, 2019 claims were shut down.14 One by one, Victim,” as the “drunk victim,” and as “Emily her own life, as well ISBN: 978-0735223707 they became powerless, fell away and Doe,” Chanel Miller in 2015 was sexual- as with those she had 368 pages when the dust settled, I looked around ly assaulted while unconscious. The assault never met. Hundreds of $28.00 to see who was left. Only Emily Doe.15 took place behind a dumpster near Stanford strangers poured their Since Miller’s assault, Title IX guidance University. The assailant was Brock Turner, hearts out to her in let- her memoir highlight college and univer- has issued.16 California sexual assault laws a student she met at a fraternity party that ters and cards sent to sity avoidance of thorough investigations have been amended.17 The dumpster is gone. evening. Stanford graduate students Carl- the prosecutor’s office. out of fear of damage to their reputations, a A contemplative garden, created at the insis- Fredrik Arndt and Peter Jonsson, known in And Miller contrasts Martha Krisel phenomenon described by Stanford alumna tence of Stanford students, sits in its place.18 12 the media as the “Swedes on bicycles,” simul- the signature-by-signa- Jennifer J. Freyd as “institutional betrayal.” Noting that “the crime of sexual assault Martha Krisel is the Executive Director taneously saved Miller from further assault ture collection of recall of the Nassau County Civil Service 2 13 and held Turner for the police. petitions (totaling 95,000 by January of 2018) depended on our silence,” the memoir is a Commission. A Past President of the NCBA, Turner, known in the media as the “All- with reams of hate letters and threats against roadmap for sexual assault victims unable to Krisel currently chairs the NCBA COVID-19 American Stanford swimmer,” was con- her, so frightening that the police had to be or afraid to prosecute their assailants because Task Force. victed of three felony counts of sexually stationed outside her home and the prosecu- of shame, because of the lack of resources to miss work and school, and because of a sys- 1. Chanel Miller, Know My Name 315 (2019). assaulting Miller. He served ninety days tor had to have meetings to strategize on how 2. Lindsey Bever, The Swedish Stanford students who res- of a six-month sentence from Judge Aaron to protect her. tem that opens up their own lives to incredi- cued an unconscious sexual assault victim speak out, The Persky, in response to a probation recom- In New York State, the Commission on ble scrutiny, regardless of the fact that sexual Washington Post (June 8, 2016), available at https://wapo. mendation for a “moderate county jail sen- Judicial Conduct oversees judicial mis- assault is a crime. st/37cuKpB. conduct. Judges may be admonished, cen- Throughout, Miller acknowledges that 3. Miller, supra n.1, at 214. tence, formal probation and sexual offender 4. Miller, supra n.1, at 322. treatment.” The prosecutor had fought for a sured, retired, or removed from office by she is uniquely situated because of the 5. Miller, supra n.1, at 322. six-year sentence.3 the Commission on Judicial Conduct.8 But unwavering support of her immediate family, 6. Maggie Astor, California Voters Remove Judge Aaron When the Turner appeal was heard by the commission’s disciplinary actions are her boyfriend, the hospital personnel where Persky, Who Gave a 6-Month Sentence for Sexual Assault, the Sixth District Court of Appeal on July subject to review. Judges of the Court of she woke up to discover that she had been The New York Times (June 6, 2018), available at https:// nyti.ms/2MSK4yF. 25, 2018, his attorney argued that “Brock Appeals and justices of the Supreme Court, assaulted, and her many friends and strang- 7. Miller, supra n.1, at 321. only intended to have outercourse.” Miller which includes the Appellate Division, may ers who never leave her through her four year 8. www.scjc.state.ny.us. notes that Justice Franklin D. Elia respond- be removed by a two-thirds vote of both nightmare. 9. SCJC Determinations Database, available at https:// ed, “I absolutely don’t understand what houses of the Legislature. Other judges may I began this story alone as a half-naked on.ny.gov/30mgyJx. If the Commission determines that 4 body. I remembered nothing. There was public disciplinary action is warranted, it may render you are talking about.” Not until August 8, be removed by a two-thirds vote of the Senate a determination to impose one of four sanctions. The 2018—three years and eight months after her on the recommendation of the Governor. so much I did not know. I was forced Commission may admonish a judge publicly; censure assault—did Miller receive a two-word text Judges may be impeached by a majority vote to fight, in a legal system I did not a judge publicly; remove a judge from office; or retire a from the prosecutor: “Judgment affirmed!”5 of the assembly and removed by a two-thirds understand, the bald judge in the black judge for disability. Forever known as the first judge to be vote of the court for the trial of impeach- robe, the defense attorney with narrow 10. Miller, supra n.1, at 253–54. 11. Katie J.M. Baker, Here’s The Powerful Letter The recalled in California since 1932, Persky’s ments. That court consists of the President of glasses. Brock with his lowered chin, his Stanford Victim Read To Her Attacker, BuzzFeed News lenient sentence and specific remarks about the Senate, the Senators, and the Judges of the unsmiling father, the appellate attor- ((June 3, 2016), available at https://bit.ly/3f32UyP; Miller, Miller and Turner resulted in the loss of his Court of Appeals.9 ney. The obstacles became harder, I was supra n.1, at 333 right to serve as a judge.6 Miller wrote: In California, however, judges are removed up against men more educated, more 12. Miller, supra n.1, at 297. 13. Miller, supra n.1, at 327 The judge was not God. He was one through the recall process, which begins powerful than me, the game rougher, 14. Miller, supra n.1, at 322. man, wearing a black smock, head of a small with petitions signed by registered voters to more graphic, serious. I read comments 15. Miller, supra n.1, at 328. domain, ruler of a one-room kingdom on place that decision on the ballot. Stanford that laughed at my pain. I remember 16. 85 FRN 30026, effective 8/14/20, available at https:// Grant Avenue. He was not the sole truth speak- University Professor Michele Dauber led the feeling helpless, terrified, humiliated. I bit.ly/2ze2SoA. er, the rule maker, the final word. He was an fight for the recall, obtaining the requisite cried like I’ve never cried before. But I 17. See Cal. Penal Code § 289(e). 7 10 18. Office of the Provost, Stanford University, Update elected official, voted out by 62 percent. signatures to place the recall on the ballot. remember the attorney’s still shoulder on the contemplative garden (Nov. 12, 2019), available at Miller’s painstakingly beautiful prose Miller’s Victim Impact Statement11 and as guilty was read. I know Brock slept https://stanford.io/2YfTY2w.

The internship has given me hands-on legal IN BRIEF COVID Help ... experience and an opportunity to give back to Continued From Page 1 the community." said St. John's Law student Forchelli Deegan Terrana LLP is Rules.” Mr. Fatoullah was also a fea- Abigail Ziegler. pleased to announce that Gregory S. tured speaker for the National Business If you are interested in volunteering on Lisi, a Partner and Chair of the firm’s Institute and presented “Strategic Use "I never imagined that the world we are liv- employment & labor practice group, and Benefits of Medicaid Trusts”. ing in, or my first year of law school, would be the Task Force, please contact NCBA was installed as President-Elect of the Barrie E. Bazarsky, has joined the changed forever from an invisible threat. This Communications Manager Ann Burkowsky at Nassau County Bar Association (NCBA) Smithtown office of Futterman, Lanza scary and unfortunate situation created an [email protected] or (516) 747-4071 on Tuesday, June 2, 2020. He will serve & Pasculli, LLP as a personal injury opportunity for law students to have an instant and indicate your area of practice. The COVID a one-year term and then become senior associate bringing decades of impact to assist families, businesses, and the Community Task Force may be reached by President of the NCBA in June 2021. experience as a personal injury attorney community affected by the global pandemic. email at [email protected]. An NCBA Quatela Chimeri, with offices in including as managing attorney for the In a short period of time, I have built a great staff member will be in touch within two busi- Hauppauge and Garden City, welcomes Jacoby & Meyers LI personal injury ness days to direct the individual to a volun- Howard B. Leff as senior counsel con- unit. relationship and I have learned immensely from Mr. Glenn Wurzel, of the Wurzel Law teer attorney skilled in that area of practice. centrating in the matrimonial and fam- NCBA Past President Marian C. Residents, small business owners, and NCBA Rice of L’Abbate Balkan Colavita & Group, PLLC. Each inquiry has provided new- ily law practice group. Mr. Leff brings Marian C. Rice members may also visit the NCBA COVID-19 more than 40 years of extensive state Contini, LLP has been appointed as a found knowledge and compassion that cannot and federal court litigation, trial and member of the NYSBA Committee on be taught in a classroom setting. Although resource web page at www.nassaubar.org for appellate experience to the firm. Professional Ethics and Chair of the Working Group social distancing has prevented discussions additional resources and helpful information. Farrell Fritz is pleased to announce that Brian P. on Public Trust and Ethics within the newly created in person, Mr. Wurzel has been committed Corrigan, a partner in the firm’s estate litigation prac- NYSBA Task Force on Attorney Wellness. to helping me understand and be a part of GET IT WHILE tice group, has been elected to the American College The In Brief column is compiled by Marian C. Rice, assisting each individual." said St. John's Law of Trust and Estate Counsel (ACTEC) as a Fellow. a partner at the Garden City law firm L’Abbate student William Bird. IT’S HOT! ACTEC is a national organization of more than 2,500 Balkan Colavita & Contini, LLP, where she chairs The NCBA would like to thank the mem- lawyers and law professors maintaining an active prac- the Attorney Professional Liability Practice Group. bers who have so graciously donated their tice in probate and trust law or estate planning in addi- In addition to representing attorneys for 35 years, Gain access tion to an outstanding reputation, exceptional skill, Ms. Rice is a Past President of NCBA. time to make this program a success, and to the law students who were eager to help and to the business and substantial contributions to the field by lecturing, news you need writing, teaching and participating in bar activities. Please email your submissions to learn this summer. [email protected] with subject Ronald Fatoullah of Ronald Fatoullah & Associates "Being an intern with the NCBA Covid- in print & online. line: IN BRIEF presented several educational virtual webinars for the 19 Law Student Pro Bono Program is a very public: “Aging in Place During These Challenging meaningful experience. Covid-19 has certainly Times,” “The NY Statewide Senior Action Council: The Nassau Lawyer welcomes submissions affected everyone, and it is rewarding to be Now More Important Than Ever!”; “Difficult to the IN BRIEF column announcing news, able to do something to help those who need Start your subscription to Long Island Conversations With Family Members” a panel presen- events, and recent accomplishments of its cur- Business News by calling 1.800.451.9998 assistance. One of our inquirers was someone or go to subscribe.libn.com tation with other professionals offering tools to ease the rent members. Due to space limitations, sub- who was previously in a mixed-status marriage strain of difficult family conversations and suggestions missions may be edited for length and content. and was therefore not issued a stimulus check. where to find resources; “Confusing, Complicated PLEASE NOTE: All submissions to the IN and Frustrating-How Advocacy is Critical for Legal, BRIEF column must be made as WORD We helped put her in touch with a law firm that Medical, and Insurance Issues” and “Be Prepared: DOCUMENTS. could further assist her. After every inquiry, my Living Trusts and The New NY Medicaid Home Care mentor explains the legal issues and lessons.

NEWSPAPER • W E B SITE • E -AL ERT • FACEB OOK 8 July/August 2020 Nassau Lawyer Summer Arts/Entertainment Book Review: Why Fish Do Not Exist

“Chaos is the only sure thing in this not break his spirit, no survival, as some of a species will have the world,” Lulu Miller writes in her prologue. more than could the Why Fish Do Not Exist traits necessary for whatever conditions “A smart human accepts this truth. A smart deaths of his first wife by Lulu Miller arise. Ultimately, Jordan’s drive to identify human does not try to fight it.” But why, then, and two of his children. Simon & Schuster, 2020 species—create them, really—proves a folly. does a smart human get up in the morning? He and his staff worked ISBN: 978-1501160271 Modern scientists concede that “fish” do If our lives are cosmically insignificant— to piece together what 240 pages not actually exist; upon close examination, as flies to wanton boys, in Shakespeare’s they could, and recov- $26.00 each creature that you pull from the water words—then why should we act as if we or ered thousands of spe- has more in common with other species on anyone around us is significant? Perhaps cies. He then ensured ladder” theory was that species could rise or land than with anything that was swimming these questions are not what we would look that his knowledge fall based on individuals’ behavior. Jordan’s alongside it. Chaos cannot be contained in for in a beach read, but Miller’s search for the was preserved, pub- work in discovering species also entailed glass jars. Christopher J. placing each in the divine order, and dis- answers is engaging and enlightening. lished, protected from This struggle to find order in chaos, or to DelliCarpini cerning how species—including our own— Why Fish Do Not Exist is the story of one the chaos. And then he impose it, is endemic to our profession. The could fall in the rankings. man’s effort to fight the chaos, and the folly resumed his life’s work, discovering even second-largest freestanding metal sculpture This concern for “degeneracy,” coupled of such a quest. It is the story of David Starr more species. in New York City dominates the plaza outside with a flawed understanding of genetics, Jordan, nineteenth-century taxonomist and the Jordan’s perseverance certainly appears 1 made Jordan a vocal advocate for eugen- Columbia Law School. Bellerophon Taming first president of Stanford University, and his inspiring. It did to Ms. Miller, whose child- ics—and sadly, a very successful one. He Pegasus is a metaphor for our efforts to lifelong mission to categorize creation despite a hood well acquainted her with this world’s argued that poverty, criminality, and other tame with laws the wild forces of nature. As string of personal and professional tragedies. It’s cruelty. Her scientist father assured her that social ills were inheritable traits. Society sculptor Jacques Lipchitz put it, “You observe also the story of Ms. Miller, whose own encoun- that meaning of life was “Nothing!” Yet he nature, make conclusions, and from these could therefore eliminate these traits, and 2 ters with chaos led her to study Jordan’s life for just as confidently asserted: “While other forestall our species’ degeneration, by cutting you make rules…and law is born from that.” inspiration—with some success. people don’t matter, either, treat them like off the tainted bloodlines. And cut we did, Lawyers work to impose order on chaos, Jordan made a name for himself discover- they do.” Unsurprisingly, such hypocrisy left with forced-sterilization laws in the 1920’s whether prospectively as transactional and ing thousands of species of North American young Miller unmoored. She drifted to the and state institutions that were concentration regulatory attorneys and legislators or retro- fish. Of course, many of these had been life and writings of Jordan, seeking a better camps in all but name. One cannot read spectively as litigators, mediators, and judges. harvested by local fishermen for generations. response to the chaos. Miller’s account without admitting that the But the ultimate futility of the task should But it was Jordan who captured the holotype, What Miller found, however, was the intellectual roots of Hitler’s Final Solution make us circumspect. We can alleviate some the single type specimen upon which the troubling source of his drive to classify were nourished in American soil. of the chaos, some of the time. Supplanting description and name of a new species is creation. A childhood obsession with nam- How could such evil spring from the noble chaos with law, however, is as fatuous as try- based. By that measure, Jordan created thou- ing the stars in the sky and the local flora, desire to discern the order of nature? Because ing to lasso a winged horse. sands of species, one-fifth of all known fish combined with a strict Puritan upbringing, there is no such thing. The natural order that Indeed, our struggles against chaos are in his time. By 1906, his offices held towering led the grown Jordan to the tutelage of Agassiz preached, that Jordan spent his life commemorated in another metal sculpture shelves full of specimens in meticulously renowned naturalist Louis Agassiz. From searching for, is nothing more than a human that has cropped up across our nation since labeled jars. Glass jars. At Stanford, just down his mentor, Jordan adopted the belief in construct, an ultimately absurd attempt to 9/11. Twisted steel beams dot the country- the road from San Francisco. In 1906. the Scala Naturae, a divine order of all constrain the chaos. Like the mythological side, memorials to a day when chaos gained The infamous earthquake shattered living creatures, from the lowest parasites bandit Procrustes hacking or stretching his the upper hand. And who unleashed that Jordan’s life work in minutes, but it did to Man himself. A corollary to this “holy victims to fit an iron bed, forcing Nature into chaos but a group of men committed to a human framework is bound to cause pain. imposing their own order? That these girders Jordan’s persistence, Miller learns, was have found resting places in contemplative a powerful tool, however disastrous in the spaces, however, should reassure us. The wrong hands. “Grit,” a popular topic in mod- chaos will always come back, but we can ern self-help literature, is the ability to believe always learn from it, grow from it, and pro- in one’s eventual success despite a string mote a more enduring peace. of failures. We admire grit in athletes who Miller shows us that each of us can also become champions after getting cut from claim a personal victory against the chaos. some team, or best-selling authors who kept Having been let down by Jordan, she returns typing as the rejection letters piled up. But to her father’s advice, and finds happiness in Long Island Business News is working grit is only a tool, no more or less admirable caring about others. She loses the compulsion than the ends towards which it is used. to find meaning in the universe and finds it tirelessly to keep our communities informed Indeed, Jordan’s faith in the greater good in her family, the one she grew up with and as the effects of COVID-19 continue to that he pursued may have led him to com- the one that she makes as an adult. Her jour- mit the unthinkable. Miller takes a detour ney with Jordan started with a break-up, and impact Long Island and our world. down a rabbit hole of circumstantial evidence ends with her finding love again. implicating Jordan in the murder of Jane But has Miller found the answer, or just Stanford, widow of the university’s found- forgotten the question? We intuitively know er and Jordan’s subsequent patroness. She that we must treat each other as if we matter. However, no one works harder than the men wanted him removed from office, which But what rational basis is there for doing so? would have thwarted Jordan’s mission. And Miller’s father dismissed religion as a com- and women on the front lines — our doctors, Mrs. Stanford did die from an apparent forting lie, but is love itself the opiate, help- poisoning—shortly after surviving another nurses, medical staff and first responders ing us forget the truth that we cannot face? apparent attempt. And upon her very con- Perhaps Miller’s father had it backwards. who risk their lives each day to protect our venient death, Jordan immediately began arguing that the cause was anything but Perhaps our inborn imperative to care for society. Thank you for your dedication to poisoning—and kept beating that drum for others is evidence of a creator who cares for your craft and your community. years. This theory has apparently gained little each of us. traction, but it serves Miller as a metaphor Regardless, we can each benefit from for the tragic consequences of blind faith in knowing our limits in a limitless universe. In the nobility of one’s cause. this time of pandemic and civil unrest, with You are our heroes. In a final irony, Miller shows how Jordan’s so much beyond our control, we can find life’s work has since been proved a sham. His comfort in accepting that there never was commitment to eugenics, born of a desire to much within our control, and be grateful for strengthen our species against chaos, turns the good that we can accomplish. Perhaps, LIBN salutes those employees operating out to have been completely counter-produc- like Miller, we can be content to comfort under essential business guidelines from tive. It is genetic diversity that best ensures each other through the chaos, to share some lemonade when life gives us lemons. restaurant staff, to mail couriers, to grocery BE THE FIRST TO KNOW Christopher DelliCarpini is an attorney with Sullivan Papain Block McGrath Coffinas & employees, and every worker in between. Stay up-to-date on the Cannavo, P.C. in Garden City, representing latest local and breaking plaintiffs in personal injury litigation. He news, blog headlines, is also Co-Chair of the NCBA Publications opinions and more Committee. #LIBNCARES with Long Island Business News’ 1. If you came here looking for the largest such sculpture, FREE Daily Alerts try Ellis Island. 2. Sonia von Gutfeld, Flying Horses, Tightrope Walkers Sign up now at LIBN.COM and Other Campus Icons, Columbia Law School, available at https://bit.ly/3hcfsG0. Nassau Lawyer July/August 2020 9 Summer Arts/Entertainment Book Review: Cain v. Abel: A Jewish Courtroom Drama The reader becomes a member of the jury for this jury, you will that he was capable of mastering Sin. But in the murder trial of Cain in a dramatic have a tremendous Cain v. Abel: A Jewish did God equip humankind with the tools to reinterpretation of the biblical Cain and Abel responsibility placed Courtroom Drama successfully resist? Rabbi Ornstein’s answer is story titled Cain v. Abel: A Jewish Courtroom upon your shoulders.” by Rabbi Dan Orstein a definitive “Yes.” Drama, written by Rabbi Dan Ornstein and The author/pro- The Jewish Publication Another of the key moral points the published by the Jewish Publication Society spective juror wrote Society, 2020 author derives from Cain and Abel takes this past April. The author imagined and that the judge’s admo- ISBN: 978-0827614673 us back to the author’s jury service and the presented the story of the world’s first murder nition made a deep 232 pages judge’s admonition about the gravity of the and fratricide as though it was the trial of impression on him, $23.95 responsibility of being a juror, especially in Cain, delving into how universal moral prin- confronting him with a capital case. The literal translation of the ciples of justice, compassion, and personal the realization that no Highlights from the Trial biblical passages of the story emphasizes that Ira S. Slavit responsibility integral to Cain and Abel relate matter how carefully The trial testimony of the fact witness- taking the life of an innocent person destroys to present-day juries, the legal system, and the judge and the law- es provided a few moments of drama. For not only that person but also destroys his or the world at large. yers selected the jurors, instance, as the prosecuting angel’s cross-ex- her potential progeny who will never be born. The trial in Cain v. Abel is not about guilt the jury’s sense of fairness in judging the facts amination of Eve was faltering, suddenly (Inasmuch as some biblical characters are or innocence. The “Am I my brother’s keep- and testimony would be critical to the defen- the prosecutor motioned to co-counsel, said to have lived for hundreds of years and er?” defense did not fly, and Cain ultimately dant’s life. The admonition reminded him of who handed the prosecutor a file contain- had many offspring, this might be the earliest confessed to the murder. Instead, the trial is a crucial point about justice that the teach- ing a recently obtained prior inconsistent application of the Fertile Octogenarian Rule.) akin to the sentencing phase of a capital trial ings of the story of Cain and Abel make—that statement. Apparently the discovery rules Although the case that the author was a with the reader (jury) is expected to balance those who would wield the authority of jus- were lax, because Eve’s admission that she prospective juror on was not a capital case, justice and mercy in weighing evidence and tice and pronounce judgment without giving authored the prior statement outweighed the he thought of the potential the jury’s deci- evaluating the appropriateness of Cain’s pun- full consideration to all relevant facts and the defense’s objection that they had no prior sion might have to irrevocably change the ishment (being cast into exile from Eden, but grave consequences of their actions become warning of the existence of the note. defendant’s life. He was also reminded of the not put to death). Cain, and the accused Abel. Also, a victim impact statement from historical fact that judges in courts of ancient Through that lense, Rabbi Ornstein imag- none other than the murdered Abel himself, Jewish communities used, of countless quo- Mercy and Justice ines the story of Cain and Abel as a detective/ in the form of a digital recording, was played tations in the Bible that could have been used courtroom story: facts and circumstances To the author, justice (accountability) and to the jury. The presiding judge explained to make the point, the story of Cain and Abel lead up to the crime (Cain has become mercy (compassion) are the twin foundations the author’s dramatic license: “We read in to warn witnesses in capital cases against extremely despondent and angry and is of the story of Cain that must be balanced the crime report that Abel’s blood cried out providing false or inaccurate testimony. Cain against each other. He reports that he has warned by God to control the evil of his from the ground to God. In preparation for and Abel’s story was used as a legal teaching given much thought to the biblical story and passion), the crime is committed, a defense is this proceeding, the Prosecution returned to in court proceedings. these concepts ever since he first heard Bruce raised (Am I my brother’s keeper?), and, after the scene of the crime and found Abel’s blood Springsteen’s song “Adam Raised a Cain” on a conviction and sentencing, the defendant still present there, crying out.” Abel’s testimo- Timeless, and Timely the Darkness on the Edge of Town album. pleads for mercy (“My punishment is too ny concluded with the surprise exposure of Cain v. Abel cleverly restructures the bib- great to bear!”). the true identity of the presiding judge in a The author’s goal is to challenge us as lical story as a courtroom drama. The text The book contains “transcripts” from the sort of reverse of the man behind the curtain “jurors” to use the story as a mirror to of the biblical passage in Genesis 4:1-16 forensic moral assessment and trial, inter- scene in The Wizard of Oz. reflect on ourselves and our community. becomes the “crime report,” a forensic moral spersed with commentary by the author. The Perhaps the most intriguing testimony That he, who has no professional associa- assessment is held to determine whether order that the trial witnesses take the stand in came from the fact witness, Sin. The tran- tion with the legal system, sees placing peo- Cain is competent to stand trial (he is), and Cain v. Abel differs from the usual order we script begins with the incongruity of Sin ple in the role of jurors as an effective way the chief Investigator in the matter is God, are accustomed to in that the expert witness- affirming to “tell the truth, the whole truth, of stimulating thoughtful study of Cain and whose pre-trial deposition is taken. Celestial es testified before the fact witnesses. Well- and nothing but the truth?” Sin testified to Abel is a testament to his reverence to the angels are the prosecuting and defense attor- respected rabbis who lived at different times being 100 percent God’s creation and an importance of jury trials in searching for neys, respectively named “Truth” for justice in history were called as experts (no Frye employee of God who also works as an inde- the truth and reaching a just result. Lawyers and “Lovingkindness” for mercy. Over the hearings in the book). The experts gave their pendent contractor (possibly making this should be proud to play such a prominent course of the four-day trial, Adam, Eve, interpretations of the biblical text through legal distinction for tax purposes or to adver- role in that system. Cain, and Sin are called to the stand as fact the back-and-forth of their answers to ques- tise availability for side jobs). Sin’s testimony Cain and Abel has received critical acclaim witnesses. Expert testimony is taken from a tions on direct and cross-examination. was candid and harsh, and included the fol- from rabbis and others who have rigorously number of prominent rabbis from through- Direct and cross-examination also allowed lowing: “people are not angels. They listen to studied and analyzed the biblical passages out the ages. the lawyers and the expert and lay witnesses God, they listen to parents, judges, teachers, and are experts on the subject. For readers Among the most interesting aspects of the to draw out evidence and establish facts that friends, therapists, police, clergy … Then who are less learned in the topic, the alternat- book, is that what sparked Rabbi Ornstein, are missing from the biblical text. Examples they usually do whatever I tell them anyway.” ing courtroom transcripts and commentary who is not an attorney, to envision the story of such information included the reason for The analysis and discussion of Sin’s role in by Rabbi Ornstein is an engaging way to of Cain and Abel as a trial, was his experi- Cain’s anger, whether there was a failure to the story of Cain and Abel brings the juror to learn about the story and its paradoxes that ence serving jury duty on a criminal case. warn, i.e., was God’s warning to Cain about the issue that Rabbi Ornstein has stated lies have been vigorously debated for millennia. As recounted in the book’s introduction, at Sin sufficiently specific, what Cain and Abel at the core of his book—the moral question Ira S. Slavit is a member of Levine & the beginning of jury selection, the judge were arguing about (property, religion, or a of whether people are truly capable of exer- Slavit, PLLC, with offices in Mineola admonished the prospective jurors, saying, woman), what Cain said to Abel just before cising free will to avoid succumbing to evil and Manhattan. He is Chair of the NCBA “I know that this process will be very boring, they went to the field where the murder temptation. God warned Cain to resist the Plaintiff’s Personal Injury Committee, an but it is one of the most significant things you took place, and where precisely the murder pull of the ever-lurking Sin and to not let his NCBA Delegate to the NYSBA House of will ever do in your lives. If you are selected occurred. emotions get the better of him, and told him Delegates, and a past NCBA Director.

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538 BROADHOLLOW ROAD SUITE 301 WEST MELVILLE, NY 10 July/August 2020 Nassau Lawyer LIBN—CLE centerfold July 2020 Paper size 23” x 15”; image size 21.25 x 13.25

NEW DEAN ANTHONY MICHAEL SABINO PROGRAM CALENDAR ALL PROGRAMS PRESENTED VIA ZOOM.

August 4, 2020 August 12, 2020 Dean’s Hour: Town Hall Meeting with New York State, County, and Appellate Dean’s Hour: Dreams Deferred Amongst Racial Covenants: The US Supreme Court Anthony Michael Sabino was elected as Dean of the Nassau Academy of Law for the 2020-21 Bar year. Division ADR Coordinators Case Which Inspired Lorraine Hansberry’s A Raisin Professor Sabino is a practicing attorney and nationally recognized expert on a variety of legal subjects, and a With the NCBA Alternative Dispute Resolution Committee in the Sun tenured full Professor of Law at St. John’s University and Tobin College of Business. Formerly judicial law 12:30—2:30 PM With the NCBA Diversity and Inclusion Committee clerk for a prominent federal judge, he has published well over one hundred articles for the nation’s leading 2 credits in professional practice. 12:30—1:30 PM law reviews and journals, which in turn have been cited by some of the country’s highest federal appellate Skills credits are available for newly admitted attorneys. 1 credit in diversity, inclusion and elimination of bias courts, including the Fifth and Seventh Circuit Courts of Appeals, the D.C. Circuit by now-Justice Ruth Bader Ginsburg, as well as by many Ivy League and other renowned law reviews. Professor Sabino has written some A discussion on the current state of ADR, moving cases forward and maximizing the use of media- Program presented by Rudy Carmenaty of the leading articles on white collar crime, securities fraud, arbitration, bankruptcy, and corporate law. In tion in the time of pandemic. Vice-Chair, NCBA Diversity and Inclusion Committee recent years, he has authored no less than six amicus curiae briefs in cases of constitutional import pending before the U.S. Supreme Court. Moderated by Jess Bunshaft and Marilyn Genoa, Co-Chairs, NCBA ADR Committee Lorraine Hansberry’s landmark play, A Raisin in the Sun, finds its origin in a landmark U.S. Supreme Court case Hansberry v Lee. The story depicted on stage was derived from Professor Sabino has been interviewed on television (including ABC, NBC, CBS, CNN, Bloomberg TV, Panel: Lisa Courtney, Statewide ADR Coordinator, NYS Unified Court System; Joel Kullas, ADR a lawsuit by the author’s father challenging racially discriminatory housing practices in CNBC, Fox News, and the BBC) and radio (including WCBS, WINS, WWOR, WABC, Bloomberg Radio, AP Coordinator for 3rd, 4th, 9th & 10th Judicial Districts; Yvonne Marin, ADR Coordinator, 10th Ju- 1930s’ Chicago. The beauty and power of the play lies in its authenticity, an authenticity Radio, and NPR) as an expert on: numerous “white collar” and securities fraud trials, including those dicial District Nassau County; Carol Swidler, Mediation Coordinator for the Appellate Division born of the American legal system. implicating Bernard Madoff, Raj Rajaratnam, and Martha Stewart; the GM, Chrysler, Enron, WorldCom, and Second Department; Mary E. Porter, Acting ADR Coordinator for the 10th Judicial District- airline bankruptcies; the Microsoft antitrust cases; and many other legal controversies. He has been quoted by Suffolk County and Court Attorney Referee to the District Administrative Judge’s Office. Addi- Program will be presented via Zoom. Details to follow in future NCBA e-blast. the Wall Street Journal, New York Times, Bloomberg.com, Forbes, MarketWatch, Dow Jones, Washington tional speakers TBA. Credit is free to NCBA members and $35 for non-members. Post, Chicago Tribune, Boston Globe, Miami Herald, and other newspapers and publications across the nation and the world.

He practices law with Sabino & Sabino, P.C., Mineola, and maintains a vigorous legal practice in a variety of fields, representing corporate and individual clients in the federal courts, in arbitrations and mediations at the Hon. Joseph Goldstein Bridge-the-Gap Weekend stock exchanges, and elsewhere. He is a fully trained arbitrator and mediator for FINRA, the Southern District of New York, the Nassau County State Supreme Court, and other organizations. October 17 & 18, 2020 Professor Sabino frequently organizes and lectures at continuing legal education seminars. He has chaired the Federal Courts, ADR, and Corporate, Business & Securities Law Committees of the Nassau County Bar (rescheduled from March 14 & 15, 2020) Association, and is a former NCBA director. He is active in numerous other charitable and civic organizations, and is an elected Trustee of the Village of Munsey Park, New York. *TBD IF PRESENTING IN-PERSON, VIA ZOOM, OR SOME COMBINATION THEREOF** In addition, the following attorneys were elected to Nassau Academy leadership positions for the 2020-21 membership year: Associate Dean Terrence L. Tarver, Tarver Law Firm, Garden City; Assistant Deans Susan Katz Richman, Principal Court Attorney currently serving as Guardianship Compliance Referee for Nassau The Academy wishes to the thank the Goldstein Family for their County and Michael E. Ratner of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone LLP, Lake Success; Secretary Gary Petropoulos of Catalano, Gallardo & Petropoulos LLP, Jericho; Treasurer, continuing support of Academy efforts. Lauren Bristol, Kerley Walsh Matera & Cinquemani, PC, Seaford; and Counsel, Matthew V. Spero, Rivkin Radler LLP, Uniondale. Nassau Lawyer July/August 2020 11 LIBN—CLE centerfold July 2020 Paper size 23” x 15”; image size 21.25 x 13.25

NEW DEAN ANTHONY MICHAEL SABINO PROGRAM CALENDAR ALL PROGRAMS PRESENTED VIA ZOOM.

August 4, 2020 August 12, 2020 Dean’s Hour: Town Hall Meeting with New York State, County, and Appellate Dean’s Hour: Dreams Deferred Amongst Racial Covenants: The US Supreme Court Anthony Michael Sabino was elected as Dean of the Nassau Academy of Law for the 2020-21 Bar year. Division ADR Coordinators Case Which Inspired Lorraine Hansberry’s A Raisin Professor Sabino is a practicing attorney and nationally recognized expert on a variety of legal subjects, and a With the NCBA Alternative Dispute Resolution Committee in the Sun tenured full Professor of Law at St. John’s University and Tobin College of Business. Formerly judicial law 12:30—2:30 PM With the NCBA Diversity and Inclusion Committee clerk for a prominent federal judge, he has published well over one hundred articles for the nation’s leading 2 credits in professional practice. 12:30—1:30 PM law reviews and journals, which in turn have been cited by some of the country’s highest federal appellate Skills credits are available for newly admitted attorneys. 1 credit in diversity, inclusion and elimination of bias courts, including the Fifth and Seventh Circuit Courts of Appeals, the D.C. Circuit by now-Justice Ruth Bader Ginsburg, as well as by many Ivy League and other renowned law reviews. Professor Sabino has written some A discussion on the current state of ADR, moving cases forward and maximizing the use of media- Program presented by Rudy Carmenaty of the leading articles on white collar crime, securities fraud, arbitration, bankruptcy, and corporate law. In tion in the time of pandemic. Vice-Chair, NCBA Diversity and Inclusion Committee recent years, he has authored no less than six amicus curiae briefs in cases of constitutional import pending before the U.S. Supreme Court. Moderated by Jess Bunshaft and Marilyn Genoa, Co-Chairs, NCBA ADR Committee Lorraine Hansberry’s landmark play, A Raisin in the Sun, finds its origin in a landmark U.S. Supreme Court case Hansberry v Lee. The story depicted on stage was derived from Professor Sabino has been interviewed on television (including ABC, NBC, CBS, CNN, Bloomberg TV, Panel: Lisa Courtney, Statewide ADR Coordinator, NYS Unified Court System; Joel Kullas, ADR a lawsuit by the author’s father challenging racially discriminatory housing practices in CNBC, Fox News, and the BBC) and radio (including WCBS, WINS, WWOR, WABC, Bloomberg Radio, AP Coordinator for 3rd, 4th, 9th & 10th Judicial Districts; Yvonne Marin, ADR Coordinator, 10th Ju- 1930s’ Chicago. The beauty and power of the play lies in its authenticity, an authenticity Radio, and NPR) as an expert on: numerous “white collar” and securities fraud trials, including those dicial District Nassau County; Carol Swidler, Mediation Coordinator for the Appellate Division born of the American legal system. implicating Bernard Madoff, Raj Rajaratnam, and Martha Stewart; the GM, Chrysler, Enron, WorldCom, and Second Department; Mary E. Porter, Acting ADR Coordinator for the 10th Judicial District- airline bankruptcies; the Microsoft antitrust cases; and many other legal controversies. He has been quoted by Suffolk County and Court Attorney Referee to the District Administrative Judge’s Office. Addi- Program will be presented via Zoom. Details to follow in future NCBA e-blast. the Wall Street Journal, New York Times, Bloomberg.com, Forbes, MarketWatch, Dow Jones, Washington tional speakers TBA. Credit is free to NCBA members and $35 for non-members. Post, Chicago Tribune, Boston Globe, Miami Herald, and other newspapers and publications across the nation and the world.

He practices law with Sabino & Sabino, P.C., Mineola, and maintains a vigorous legal practice in a variety of fields, representing corporate and individual clients in the federal courts, in arbitrations and mediations at the Hon. Joseph Goldstein Bridge-the-Gap Weekend stock exchanges, and elsewhere. He is a fully trained arbitrator and mediator for FINRA, the Southern District of New York, the Nassau County State Supreme Court, and other organizations. October 17 & 18, 2020 Professor Sabino frequently organizes and lectures at continuing legal education seminars. He has chaired the Federal Courts, ADR, and Corporate, Business & Securities Law Committees of the Nassau County Bar (rescheduled from March 14 & 15, 2020) Association, and is a former NCBA director. He is active in numerous other charitable and civic organizations, and is an elected Trustee of the Village of Munsey Park, New York. *TBD IF PRESENTING IN-PERSON, VIA ZOOM, OR SOME COMBINATION THEREOF** In addition, the following attorneys were elected to Nassau Academy leadership positions for the 2020-21 membership year: Associate Dean Terrence L. Tarver, Tarver Law Firm, Garden City; Assistant Deans Susan Katz Richman, Principal Court Attorney currently serving as Guardianship Compliance Referee for Nassau The Academy wishes to the thank the Goldstein Family for their County and Michael E. Ratner of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone LLP, Lake Success; Secretary Gary Petropoulos of Catalano, Gallardo & Petropoulos LLP, Jericho; Treasurer, continuing support of Academy efforts. Lauren Bristol, Kerley Walsh Matera & Cinquemani, PC, Seaford; and Counsel, Matthew V. Spero, Rivkin Radler LLP, Uniondale. 12 July/August 2020 Nassau Lawyer General Law The Impact of Divorce on Your Will

Every year in the U.S., nearly 2.5 million death but rather a result of his/her tion, nomination as fiduciary or and finalized, it is important for your estate divorce proceedings are filed (approximately failure to timely update his/her representative (including personal planning attorney to review the settlement 1 divorce every 13 seconds). In New York estate planning documents. representative, executor, trustee, document to ensure that the new estate alone, nearly 900,000 divorce proceedings From 1966 through 2008, conservator, guardian, agent, or planning documents do not violate the are filed annually (approximately 1 divorce Section 5-1.4 afforded certain attorney in fact) held by or in favor terms of the stipulation of settlement. every 36 seconds). Second and third mar- safeguards to divorced individuals. of the former spouse. Irrevocable trusts are not contemplated by riages are even more likely to end in divorce While the statute revoked bequests Essentially, the statute termi- the statute. Even if an individual is the settlor than a first marriage. In light of the nation’s and fiduciary appointments to for- nates the former spouse’s inter- of an irrevocable trust, his/her status as the strikingly high divorce statistics, more and mer spouses generally, the stat- est in all such assets, by deem- settlor does not necessarily provide him/her more people are turning to attorneys to learn ute did not address the effect of ing the former spouse to have with the authority to revoke the trust or any how to effectively plan their estates in light divorce or annulment on other “predeceased” the creator of the bequests or fiduciary designations set forth of the uncertainty of marriage, the impact of common estate planning docu- Jonah H. document. When assisting clients, in the trust agreement. For example, if the Blumenthal a divorce, judicial separation, or annulment ments. In 2008, Section 5-1.4 was attorneys must be careful to review settlor creates a life insurance trust (ILIT) as such situations effect their estate planning repealed and replaced with a much the specific terms of the govern- for the benefit of the current spouse and documents (i.e., Wills, Trusts, Health Care more robust statute that now includes judi- ing instruments involved. While the statute’s the couple subsequently divorces, Section Proxies/Living Wills, Powers of Attorney and cially separated couples, and not just divorces revocation is automatic in most cases, the 5-1.4 does not revoke this bequest (i.e., the Statutory Gifts Riders). and annulments. The statute, which previ- express terms of the governing instrument life insurance proceeds) made to the former ously did not address the revocation of an will rule the day when the language specifies spouse. The revocation of the former spouse’s Background individual’s appointment by a former spouse a different result from the statute. bequest would need to be addressed by a New York’s Estates Powers and Trusts as that spouse’s healthcare proxy or agent Of course, individuals are free to make separation agreement, the express terms of Law; 5-1.4, enacted in 1966, addresses this appointed to control disposition of remains bequests to a former spouse under a will or the irrevocable trust, or some other agree- very issue. Prior to this pivotal statute’s enact- (both previously covered in the Public Health a trust executed after a divorce, judicial sepa- ment wherein the revocation of the bequest ment, the mere existence of a divorce, judicial Law §2985 and §4201, respectively), now ration, or annulment, if he/she chooses to do is agreed to between the parties. separation, or annulment did not result in the covered these appointments as well as the so. Furthermore, although certainly not com- While Section 5-1.4 relates directly to dis- revocation of a bequest or a nomination for a appointment of former spouses as agents mon, especially in the light of the contentious positions or appointments made to a former fiduciary appointment made to a new former under a power of attorney. nature of many divorces, clients may choose spouse, it does not contemplate dispositions to have the bequests and nominations still spouse in a will. When faced with this issue, The Scope of EPTL 5-1.4 or appointments made in favor of the family courts consistently ruled that bequests to, available to his/her soon to be spouse even in members of a former spouse. and fiduciary nominations of, former spous- Section 5-1.4 states that a divorce, judicial the event there is a future divorce, but to do For example, if a divorced individual es were upheld due to the failure to imple- separation, or annulment of a marriage will so, the drafter of the instrument must include nominates a former spouse as his or her ment new estate planning documents after serve to “revoke” any revocable dispositions specific express terms to allow the bequest executor and the former spouse’s sibling as a divorce. This finding led to many former or appointments of property made to the for- or nomination to survive. The statute also successor executor, Section 5-1.4 would only spouses being enriched, and many families mer spouse by one or more of the following states that “any disposition, appointment, revoke the appointment of the former spouse facing the difficulty of having an ousted estate planning instruments: revocable trust, provision, or nomination revoked solely by as executor but not the sibling of the former former spouse now in charge of their loved will, TOD beneficiary designation, life insur- this section shall be revived by the divorced spouse as successor executor. Similarly, if the one’s estate. This result was, unsurprisingly, ance beneficiary, bank account beneficiary, individual’s remarriage to the former spouse.” divorced individual provided for a bequest not the testator’s intent immediately prior to power of appointment or power of disposi- Scenarios Not to a former spouse and a bequest to the former spouse’s sibling, only the bequest to Addressed by EPTL 5-1.4 the former spouse would be revoked but not The application of Section 5-1.4 is only the bequest to the former spouse’s sibling. triggered in the event of a divorce, judi- Of course, as is the case with any provision cial separation, or an annulment. In other specifically excluded from Section 5-1.4, the words, absent one form of court involve- governing instrument can provide that said CONNECT WITH ment or another, individuals will not receive nomination or bequest is contingent on the the benefits and protections of Section 5-1.4. divorced individual being married to the If, for example, a married couple separates former spouse at the time of his or her death. informally and the separation does not con- While individuals are afforded certain stitute a “legal separation,” the estate plan- protections under Section 5-1.4, it should THE NCBA ON ning documents are not revoked under the be viewed as a fallback rather than a pre- statute. Section 5-1.4 (f) (2) defines a “legal ferred course of action. Therefore, it is separation” as a final decree or judgement important to review all your estate planning of separation rendered against the spouse documents before, during, and after a mat- and recognized as valid by New York State rimonial proceeding. As always, you should SOCIAL MEDIA law. No magic number of years spent living be an active and knowledgeable participant apart is long enough to constitute a legal in your estate plan and not leave important separation decree or judgment of divorce in decisions up to the default rules established New York State. by our legislature. For the latest updates on COVID-19 Similarly, if a married couple is in the Your careful attention to your estate plan midst of a matrimonial proceeding but a can help to avoid certain unintended conse- divorce, judicial separation, or annulment quences that are not contemplated by Section the NCBA, and court information, has not been finalized, Section 5-4.1 and its 5-1.4, but are no less deserving of your protections are not available. Please consid- consideration. For these reasons, it is always connect with us on social media. er that as soon as a spouse files a summons important to be sure that your estate plan- in a matrimonial action, the court usually ning documents are drafted by a knowledge- places restrictions on the transfer of certain able estate planning attorney. assets which may delay the outcome of the divorce proceeding. There are, of course, Jonah H. Blumenthal is a tax, trusts and estates attorney at Forchelli Deegan Terrana no restrictions on making changes to any LLP in Uniondale. He primarily focuses on estate planning documents prior to filing estate and tax planning, business succes- for divorce or separation. Once a stipula- sion planning, estate administration and Nassau County Bar Association tion of settlement is approved by the court guardianship matters.

For Information on LAWYERS’ @nassaucountybar_association AA MEETINGS Call (516) 512-2618 Nassau Lawyer July/August 2020 13 General Law Marketing Smart During the COVID Crisis COVID-19 is causing unprecedented significant missed opportunity. events regularly, getting to know individual LinkedIn profile. This is more challenges in virtually all areas of attorneys’ Legal software provider Clio people, and following up after- than a resume; it is a valuable marketing personal and professional lives. While bal- recently released its annual Legal wards is what builds relationships opportunity. It should be used to highlight ancing family and work concerns, attorneys Trends Report 2019, which sur- that turn into business. The best why someone should hire the attorney. may also be facing significant financial reper- veyed more than 2500 lawyers way to get new clients directly and The first step is to have an up-to-date cussions because of the coronavirus pan- and 2000 consumers to help iden- through referrals is to be consis- professional headshot for credibility. Next, demic. Some attorneys may find themselves tify why some firms succeed in tently visible and engaged with craft a strong headline (at the top under an without employment or with a sudden drop increasing revenue and others contacts. It has always been dif- individual’s name). The default is the attor- in income. Existing clients may have trouble do not.1 In surveying consumers ficult to do that in-person even ney’s current position (ex. Partner at XYZ paying for legal services affecting cash flow. about how they found an attorney, before the pandemic. However, Law Firm), but it should be changed. There New business may be harder to get in the 59% said they asked someone they with fewer in-person interactions are 120 characters available to feature what coming months or longer. There are many knew for a referral, 57% searched Edie Reinhardt now, other types of communica- kind of work the attorney does and the types asking whether this is a good time to be mar- on their own, and 16% did both. tion must take their place. Social of clients served. Be specific. People prefer keting themselves. The answer is yes. However, there were some sig- media provides constant touch- to hire or refer someone who has experience Marketing must continue, but some tac- nificant differences based on age. Millennials points with contacts helping to network with with their particular problem—a specialist, tics need to change and adapt to the new gave less weight to referrals and more weight contacts and strengthen relationships. not a generalist. circumstances. Attorneys must stay top of to online branding as compared to older Furthermore, using social media helps The same principle should guide the mind with their contacts, so they get the generations. The lesson for law firms is that attorneys build credibility and demonstrate “About” section. This is the attorney’s ele- business when opportunities arise. These regardless of whether current clients are rely- expertise to potential prospects and referral vator pitch and should focus on what the efforts can also be leveraged to help firms ing on information found online, future cli- sources. The goal is to share information that attorney’s target audience/client base cares reach new audiences and generate future ents are likely to use it as an important factor is valuable and puts attorneys in a positive about. The first few lines of text are the most business. However, this is not the time to in decision-making. A strong digital brand is light. Targeted efforts can reach new audienc- important because that is all that shows when use marketing to try to “sell” legal services. necessary to compete. It may not guarantee es as well as solidify an attorney’s reputation someone first looks at a profile. The goal is Instead, firms need to demonstrate value and the firm gets the business, but the lack of one among those who know him or her or have to get the reader to click to read more. Then be helpful. While there are different ways to could lose the business to competitors. been referred to the attorney. Consistently complete the other sections, including publi- accomplish that goal, social media marketing positioning oneself as a helpful resource also cations, volunteer experience, awards, asso- is one of the most effective and inexpensive. Benefits of Social Media makes an attorney more memorable. Every ciation memberships, etc. It is also import- ant to seek recommendations from others. The Importance of Attorneys should have a multi-pronged lawyer has competitors. Offering value for approach to strengthening their online brand, “free” helps attorneys stand out and stay top Online reviews are invaluable to building an Building A Strong Online Brand including a website, search engine marketing, of mind with contacts. attorney’s credibility. Unfortunately, many lawyers put little publicity, and other methods. Social media is For those who have taken little interest Posting Content effort into their online brand. Typically, the an essential part of this mix because it ampli- in social media, now is the perfect time to reasoning is that enough business is generated fies all other forms of marketing and business change that. Creating a profile and never posting any- through word of mouth so digital marketing development, both digital and in-person. thing is like going to a networking event and is not necessary or “worth” the expense. These For instance, networking is an invaluable LinkedIn Profile Essentials sitting in the corner alone. Being active on attorneys may have a basic website and social way to get new business; however, attend- LinkedIn is a must for all attorneys social media is essential. An important way media profile for legitimacy, but not much ing one or even a few networking events is regardless of practice area. Effective social beyond that. However, research shows this is a seldom effective. Joining a group, attending media marketing begins with an attorney’s See MARKETING SMART, Page 17

LOWER COST Tax Defense & Litigation MEDIATION AND ARBITRATION

Through the Nassau County Bar Association

Expeditious, time-saving, and cost-effective solutions to resolve disputes that might otherwise be litigated in court Harold C. Seligman has been a member of the Available to the public as well as to all legal United States Tax Court since 1987. professionals He has represented individual and corporate clients in hundreds of tax cases, both large and small, Reasonable fees that are less expensive than other over the past 30 years against the IRS and New York State Department of Taxation and Finance. alternative dispute resolution providers Mediators and arbitrators are highly skilled attorneys Long Tuminello, LLP admitted to the New York Bar for a minimum of 10 120 Fourth Avenue years, as well as screened and approved by the NCBA Bay Shore, New York 11706 Judiciary Committee. (631) 666-2500

For rules, applications, and additional information, www.longtuminellolaw.com please call (516) 747-4070. 14 July/August 2020 Nassau Lawyer General Law Nursing Home Liability in the Pandemic Since the beginning of the COVID-19 on healthcare providers and staff, made it would be launching an investigation into pandemic, health experts have warned that increasingly difficult to obtain information nursing homes to ensure that facilities are those over the age of 65 are likely more about the health and welfare of residents. following COVID-19 related rules.15 The vulnerable to the virus. Although people of This lack of communication also sparked investigation is to be a joint effort between all ages have fallen victim to COVID-19, it concerns that the virus may be much more the New York State Department of Health comes as no surprise that the elderly, who deadly than data suggested due to lack of and the Attorney General.16 may already have compromised immune sys- reporting and proper testing. Some of these tems, may be much more likely to suffer fears were realized when 17 bodies were Limitations of Liability serious health complications should they discovered in a nursing home facility in In the interim, the nursing home industry contract it.1 New Jersey.5 First responders stated that has started to prepare for an anticipated wave Subsequently, nursing home facilities and the nursing home facility was clearly over- of litigation to defend themselves against Andrew P. Roxanne L. other long term care facilities for adults whelmed and it was not immediately clear if allegations that facilities failed to adequately Nitkewicz Tashjian have become breeding grounds for COVID- the deceased residents passed away as a result protect residents and staff from COVID-19. 6 19 outbreaks, compromising the health and adults have continued to grow. Many of these of COVID-19 or something else. Generally, nursing home facilities owe a “duty safety of residents and staff as they struggle facilities experienced devastating effects on of care” to their residents to ensure that they to provide effective care for residents. From Federal Reporting Requirements are properly cared for and are not subjected both the residents and staff as COVID-19 17 the outset, it was clear that these types of infections spread. The Life Care Center nurs- In response to growing concerns, on May to any unreasonable health or safety risks. facilities, among others, were not equipped to ing home in Kirkland, Washington became 8, 2020, the United States Department of However, in the wake of rising COVID-19 deal with the stress of the pandemic. ground zero for the COVID-19 pandemic in Health and Human Services (“HHS”) issued related deaths in nursing home facilities, the In an effort to track the spread of infection 2 federal reporting requirements for long term industry has started to lobby state and federal the United States. In late February, staff at 7 and resources, reporting requirements were the nursing home noticed a sharp increase care facilities, including nursing homes. lawmakers to issue protections for nursing imposed by both the federal government and The new mandates impose weekly elec- home facilities insulating them from liability in the number of residents suffering from 18 New York State. Despite the lack of transpar- respiratory issues.3 In the following weeks, tronic reporting to the National Healthcare in COVID-19 related lawsuits. So far, both the federal government and at least 20 states ency and communication between nursing hundreds connected to the facility were diag- Safety Network of the Centers for Disease have taken some action to limit the liability of home facilities, their residents, and residents’ nosed with COVID-19 and dozens have died, Control and Prevention (“CDC”) to be post- nursing home facilities from lawsuits relating families, which such reporting requirements making it one of the deadliest concentrations ed by the Centers for Medicare & Medicaid 8 to COVID-19 related deaths.19 seek to rectify, health care providers in these of the outbreak in the country.4 Services (“CMS”). same facilities have been granted limited As the death toll of residents in other As of May 17, 2020, all CMS-certified PREP Act immunity against liability for their treatment similar facilities rose, so did the scrutiny of long term facilities (skilled nursing facilities of COVID-19 patients at both the federal and these facilities. Family members of nurs- and nursing facilities) are required to pro- At the federal level, the HHS has declared New York state level. ing home residents and government officials vide notice of the following: (i) suspected COVID-19 a public health emergency alike voiced their growing concern about the and confirmed COVID-19 infections among under the Public Readiness and Emergency Nursing Home Facilities residents and staff, including residents previ- lack of transparency relating to the treatment Preparedness Act (“PREP Act”). Pursuant to ously treated for COVID-19; (ii) total deaths Under Scrutiny of COVID-19 within these facilities as visi- the PREP Act, “covered persons” are granted and COVID-19 deaths among residents and Concerns about the potentially devastat- tation hours were either significantly limit- limited immunity from civil liability under staff; (iii) personal protective equipment and federal and state law for claims of a “loss” ing effects of the virus in nursing home facil- ed or entirely eradicated. These limitations, hand hygiene supplies in the facility; (iv) resulting from “covered countermeasures” ities and other long-term care facilities for coupled with the unprecedented demands ventilator capacity and supplies in the facil- during a pandemic with the exception of ity; (v) resident beds and census; (vi) access liability arising from willful misconduct.20 to COVID-19 testing while the resident is in A “covered countermeasure” is any drug, the facility; (vii) staffing shortages; and (viii) product, device, or security intended for FREE CONFIDENTIAL* other information specified by the Secretary treatment, prevention, facilitation, or miti- of HHS.9 gation use during a pandemic.21 A “covered HELP IS AVAILABLE These reporting requirements appear to person” under the PREP Act includes the be designed to more efficiently and effec- United States and any individual or entity tively track the spread of COVID-19 and the that manufactures or distributes a “covered The NCBA Lawyer Assistance Program offers professional resources available, with an eye toward pro- countermeasure” or a program planner or and peer support to lawyers, judges, law students, and their tecting the public, residents, healthcare pro- qualified individual or entity who prescribes, viders, and staff. Reporting may also facilitate administers, or dispenses a “covered counter- immediate family members who are struggling with: targeted remedial and mitigation measures. measure,” including the officials, agents, and The new reporting requirements also employees thereof.22 impose an obligation to notify residents, The term “loss” is broadly defined as: Alcohol Drugs Gambling Mental Health Problems their representatives, and families of either death; physical, mental, or emotional injury, a confirmed resident infection or three or illness, disability, or condition; fear of physical, more residents or staff displaying new symp- mental, or emotional injury, illness, disability, YOU ARE NOT ALONE toms of COVID-19 within 72 hours of each or condition, including any need for medical other by 5:00 p.m. the next calendar day.10 monitoring; or loss of or damage to property, The information reported must protect any including business interruption loss.23 personally identifying information of the Immunity for a “covered countermea- infected or suspected infected individuals, sure” only applies if the “covered counter- advise of mitigating and preventative mea- measure” was administered during the effec- sures taken, and include cumulative updates tive time period and used for the treatment on additional confirmed infections or sus- of COVID-19, and immunity only applies pected infections.11 for a “covered person” if the countermeasure used was by or administered to an individ- New York Reporting Requirements ual who was present or had a physical con- nection to a specific geographical area and On April 16, 2020, New York State 24 Governor Andrew Cuomo issued Executive population. Under the PREP Act, there is Order No. 202.18, which in part, requires a “rebuttable presumption that any admin- facilities to report, within 24 hours, positive istration or use, during the effective period (888) 408-6222 COVID-19 infections and COVID-19 related of the emergency…of a covered counter- deaths to residents’ family members and next measure shall have been for the category or of kin.12 These directives apply to nursing categories of diseases, health conditions, or [email protected] threats to health with respect to which such homes, nursing facilities and adult care facil- 25 ities subject to the licensing and regulation declaration was issued.” of the Commission of Health and were pre- New York The NCBA Lawyer Assistance Program is directed by Beth Eckhardt, PhD, and the Lawyer viously part of guidance issued by the state Assistance Committee is chaired by Henry Kruman, Esq. This program is supported by grants 13 It appears that under the PREP Act, nurs- from the WE CARE Fund, a part of the Nassau Bar Foundation, the charitable arm of the Nassau prior to the mandate. The next day, on April County Bar Association, and NYS Office of Court Administration. 17, 2020, Governor Cuomo issued another ing home facilities, their agents, employees, *Strict confidentiality protected by § 499 of the Judiciary Law. order modifying Executive Order No. 202.18, and staff, have been immunized from liability imposing a penalty for non-compliance of relating to the treatment and prevention of Nassau County Bar Association reporting of $2,000 per violation per day, with COVID-19 with the exception of damages ncba_lawyersassistance Lawyer Assistance Program any such violations to be treated as a violation resulting from willful misconduct. In Parker of section 12-b of the Public Health Law.14 v. St. Lawrence County Pub. Health Dept., the NASSAUBAR-LAP.ORG In an effort to enforce compliance, Governor Cuomo announced that the state See NURSING HOME, Page 19 Nassau Lawyer July/August 2020 15 General Law All Rights Reserved: Intellectual Property Assets in Divorce Matters Family law in New York has undergone Practice Pointers specific collective property entity. This has the advantage of limiting expo- significant changes during the past decade. and Case Strategy This approach estimates the fair sure to divorce litigation. Absent a finding Most of these changes have streamlined the value of intellectual property by of fraud, nondisclosure, lack of consent or legal process pursuant to a gender neutral par- How do you know whether discounting the future economic unconscionability, New York courts generally adigm. The changes include no-fault divorce, you have an IP ownership issue benefits of ownership at an appro- uphold these agreements. fairer custody and support laws, and the elimi- in your legal matter? The first step priate discount rate. The accuracy According to the American Academy of nation of licenses and degrees as marital assets. is to gather detailed facts about in obtaining the discount rate of Matrimonial Lawyers, millennials are fueling However, a new matrimonial law frontier has your client, the IP “creator.” IP interest is critical.6 the trend for prenuptial agreements. This is emerged with the advent of technology, soft- issues tend to come up with entre- Relief from Royalty Method likely because millennials are marrying later ware apps, startups, and cryptocurrency. As a preneurs, business owners, cre- (RRM) Simply put, the RRM cal- than prior generations, and they have assets result, divorce negotiations in many cases are ative individuals and businesses, culates value based on the hypo- to protect, including intellectual property. more complex than ever. authors, artists, software design- Jacqueline thetical royalty payments that The number of millennials requesting pre- Harounian Even before the COVID-19 pandemic, ers, web site designers, architects, would be saved by owning the nuptial agreements has escalated over the there were burgeoning societal trends and inventors, engineers, and doctors. asset rather than licensing it. 7 past decade: more than half of lawyers sur- cultural shifts that were gaining ground and Next, you must identify the asset, and “fol- veyed saw an increase in prenuptials among affecting relationship law: cohabitation, later low the money.” Has the IP been monetized? Equitable Distribution of Marital millennials, and 62% saw a rise in prenuptials marriages, prenuptials, and more matters Determine whether you have a tangible IP Assets Under New York Law overall from 2013 to 2016.9 The numbers asset (i.e. a screenplay) versus an intangible today are markedly higher. settled by ADR and mediation. As will be set IP assets, like all other marital assets are income stream (i.e. royalties). Next, when The main driver behind this uptick in forth in this article, all of these are relevant to divided equitably between the IP creator was the IP acquired, before the marriage or premarital agreements is the delay in mar- how intellectual property and other complex and the spouse of the creator. In New York, after? If it was acquired before the wedding riage. Since 2005, the median age at which matters are dealt with upon divorce. property is not automatically divided equally day, it is separate property. If it was acquired men and women married has jumped from to each spouse. Instead, the court takes into How is Intellectual Property (IP) afterwards, it is marital property. 27 to 29.9 and 25.5 to 28.1 respectively, account 13 specific factors in determining To complicate matters, any increase in according to the US Census.10 Millennials are Relevant to Divorce Law? the equitable distribution of property, con- value during the marriage can be subject to also dating longer before heading down the sidering the circumstances of the case and of Intellectual property (“IP”), including claim by the creator’s spouse, or to “commin- aisle, compared to previous generations. The the parties involved:8 music, art, literary works, films, scientific gling.” The issues of child support or spousal average couple waits 4.9 years to marry,11 1. The income and property of each spouse at and medical developments, and technology, support, the level of contribution by the and the longer millennials wait to marry, the creator’s spouse (highly dependent on cred- the time of the marriage, and at the time is normally protected against third parties more time they have to accumulate assets ibility), and analysis of future revenue from of the divorce; by copyrights, trademarks, patents and trade that need protection, including IP assets. the intellectual property make the resolution 2. The length of the marriage and the age and secrets. For divorcing couples, a need has Millennials are creating wealth through their subject to very complex negotiations. health of both spouses; developed to protect “creative ideas” con- own business startups, intellectual property 3. If there are minor children involved, the ceived by either the bride or groom. Clients (apps, software, etc.), and they want to make Valuation Methods for IP need of the spouse who has custody of the seek protection for what may be their most sure those pursuits will not lose ground in children to live in the marital residence valuable asset: the product of their intellect or Even before the intellectual property a divorce. Also, prenuptials do not have the 1 and to use or own its household contents; invention. The challenge to the practitioner assets are distributed between the parties, as same stigma and negative connotations as 4. The loss of inheritance and pension rights is multifaceted : how is the IP identified and in any contested divorce litigation, the prop- they did a generation ago.12 valued, and how can the value be fairly dis- erty must first be identified, classified, and of each spouse because of the divorce; tributed? appraised based on fair market value. In most 5. The loss of health insurance benefits of Conclusion There are a scant few reported cases in contested matters in court, there is a court each spouse because of the divorce; IP assets in divorce matters are chal- New York that address IP asset valuation appointed forensic expert. 6. Any award of support or maintenance the lenging to say the least. In an increasing- in the context of divorce. On top of this, Valuation experts use different approach- court will be making; ly technological age, where innovation and the emphasis on mediation and ADR has es in order to reach a reasonable indication 7. Whether one spouse made contributions entrepreneurship is rewarded, IP assets are resulted in a lower number of court deci- of a defined value for IP assets, both tangible to marital property that the spouse does highly valued and prone to costly litiga- sions addressing these complex matters. That and intangible, as of a certain date, most not have title to; for example, where one tion. Just as employers increasingly require means there is less guidance for the practi- often the date of commencement of the mat- spouse helps the other spouse increase employees to sign away all future ideas and tioner, as different treatments of similar facts rimonial action. The most important factors their ability to earn more money by get- opportunities to compete with the company, and effective ways of addressing IP valuation besides the date include the contributions of ting a degree or certification; 2 IP creators hope to keep these assets in case remain unreported. both the creator and creator spouse, as well 8. The liquid or non-liquid character of all 13 as future revenue streams from the IP asset, marital property (“liquid” means that the of a breakup. What are the Different i.e. cash flow. property can easily be converted to cash); The importance of protecting the respec- Classifications of IP?3 The four most common approaches to 9. The probable future financial circumstanc- tive rights of parties cannot be overstated in estimate the fair market value of the intellec- es of each party; an IP asset case. The IP creator understand- Patents A patent for an invention is the tual property are the cost approach, market 10. The impossibility or difficulty of deter- ably wants to protect the fruits of his intellec- grant of a property right to the inventor, approach, income approach, and relief from mining the value of certain assets, like tual and human capital, however amorphous issued by the U.S. Patent and Trademark royalty approach.5 These methodologies are interests in a business, and whether one and undefined. However, the rights of the Office. The inventor or the patent owner has similar to those used by valuation experts for spouse should be awarded the business so creator’s spouse must also be strongly consid- the right to use an invention or to allow oth- businesses and real property investments in it can be run without interference by the ered. Given the changes in the law regarding ers to use it via a license. divorce matters. other spouse; child custody, spousal support and equita- Trademarks Trademarks are brand names The Cost Approach The cost approach 11. The tax consequences to each party; ble distribution, the financial and emotional that enable the public to identify the source is based on the economic principle of substi- 12. Whether either spouse has wasted or used stakes are very high regarding IP assets. This of goods or services and distinguish the tution. This principle states that an investor up any of the marital property while the is especially the case if the creator’s spouse goods or services of one seller or provider will pay no more for an asset than the cost divorce was ongoing; raised children, gave up a career, or worked from those of another. A trademark can be a to obtain, by purchasing or constructing, a 13. Whether either spouse transferred or dis- during the marriage to support the efforts word, name, symbol, graphic, or other distin- substitute asset of equal utility. This approach posed of marital property at less than of the IP creator. The risks are shared during guishing mark, or even a sound or smell, or works best where the asset is not presently market value, knowing that the divorce the marriage, but if there is a divorce, the IP any combination of these. or is not expected to produce income, and is would be happening. creator reaps most of the rewards. Copyrights A copyright is a form of most commonly used when the intrinsic value Jacqueline Harounian is a Partner in property that grants exclusive rights to the of the asset must be reported on the books. The Use of Prenuptial and the law firm of Wisselman, Harounian author of a work. The protected work must The Market Approach The market Postnuptial Agreements & Associates PC. She also serves on be fixed in a tangible medium of expression, approach is based on competition and equi- the Board of Directors for the Nassau such as a video, book, computer program, To Protect IP Women’s Bar Association, and Chair of librium. Supply and demand factors will drive the Matrimonial Committee and Domestic play, painting, photograph, sculpture, movie, the price of an asset at an equilibrium point Proactively seeking out legal advice before Violence Committee. music, or television show. Copyright protects in a free market. Furthermore, it provides and during marriage is the best way to safe- an expression of an idea but does not protect an indication of the value by comparing the guard intellectual property from the claims of 1. https://bit.ly/3ci2jYi the idea alone. price at which similar property, i.e. royalties, a spouse, or even as part of estate planning. 2. https://bit.ly/2zLaHCz Trade Secrets A trade secret is any con- have exchanged between willing buyers and Prenuptial and postnuptial agreements are 3. https://bit.ly/2M9YeLp 4. https://bit.ly/2zLaHCz fidential business information that provides sellers. However, it is often difficult to find akin to “divorce insurance.” Careful record 5. https://bit.ly/2zLaHCz an entity, person, or company a competitive a suitable comparable transaction in valuing keeping and bookkeeping, including tax 6. https://bit.ly/2zLaHCz edge in business. It can be a formula, prac- patents because of the lack of disclosed sale planning, is a must during the marriage to 7. https://bit.ly/3dfA5P7 tice, process, design, instrument, pattern, or or licensure activity and the uniqueness of avoid the “commingling” of marital funds 8. https://bit.ly/2M7ajAW commercial method, which is not generally each patent. from separate funds. These agreements 9. https://prn.to/3deTOPh 10. https://bit.ly/3etAaPy known by others, and by which a business The Income Approach The income define separate versus marital property and 11. https://bit.ly/2XLvDkG can obtain an economic advantage over com- approach analysis focuses on the economic move assets owned prior to the marriage “off 12.https://bit.ly/3gyHPxZ petitors or customers.4 value of the future cash flow derived from a the table” in the event of a future divorce. 13. https://nyti.ms/3gw58bP 16 July/August 2020 Nassau Lawyer We Care

We Acknowledge, with Thanks, Contributions to the WE CARE Fund

DONOR IN HONOR OF DONOR IN MEMORY OF Andrea Brodie being installed as President of the Hon. Denise Sher Adrienne Hausch Martin Geduldig Nassau County Women’s Bar Association Lisa Cairo being installed as President-Elect of the Karen L. Bodner Rita Greenberg, mother of Hon. Ellen R. Greenberg Hon. Denise Sher Nassau County Women’s Bar Association Hon. Steven and Peggy Jaeger Sylvia Cohen All first responders being there and helping during Joanne and Hon. Frank Gulotta, Jr. the Coronavirus pandemic Karen L. Bodner Marie Richardson, mother of Ellen Birch Commissioner Patrick Ryder and the entire Nassau Joanne and Hon. Frank Gulotta, Jr. County Police Dept. for their leadership and help Hon. Marilyn K. Genoa Nino Noto, husband of Janis M. Noto during the Coronavirus pandemic Hon. Peter B. Skelos Rita Greenberg, mother of Hon. Ellen R. Greenberg County Executive Laura Curran and all Nassau Joanne and Hon. Frank Gulotta, Jr. County Officers for leading us successfully Hon. Peter B. Skelos Marie Richardson, mother of Ellen Birch through the Coronavirus pandemic Hon. Joseph DeMaro The WE CARE Foundation Hon. Peter B. Skelos Kenneth Koopersmith, father of Glenn Koopersmith

The Setton Foundation The WE CARE Foundation Hon. Claire I. Weinberg James C. Boland

Angela Nwadiogbu The WE CARE Foundation Gregory S. Lisi James C. Ricca, father of Jim Ricca Andrea Brodie being installed as President of the Hon. Peter B. Skelos Nassau County Women’s Bar Association Hon. Joy M. Watson Martin Geduldig Dorian R. Glover being installed as President of the Alan B. Hodish Hon. Denise Sher Thomas G.W. DeVivo Nassau County Bar Association Andrea Brodie being installed as President of the Denise L. Parillo Hon. Donald Belfi Hon. Joy M. Watson Nassau County Women’s Bar Association Denise L. Parillo Edith Gerdik, mother-in-law of Donna Gerdik Lisa Cairo being installed as President-Elect of the Hon. Joy M. Watson Nassau County Women’s Bar Association Adrienne Hausch Nino Noto, husband of Janis M. Noto Andrea Brodie being installed as President of the Hon. Leonard B. Austin Nassau County Women’s Bar Association Jay A. Marshall Alan M. Snowe

IN MEMORY OF HON. RAYMOND HARRINGTON, IN MEMORY OF HON. D. ARTHUR SPATT FATHER OF HON. PATRICIA A. HARRINGTON Hon. Randy Sue Marber Patrick M. McKenna Adrienne and Roger Hausch Denise L. Parillo Hon. Fred J. Hirsh Hon. Ruth Balkin Hon. Peter B. Skelos Hon. and Mrs. Stephen A. Bucaria Hon. Claire I. Weinberg Christopher T. McGrath Douglas Good Hon. Elaine J. Stack IN MEMORY OF ROSIE GEMELLI, MOTHER OF JOHN GEMELLI Joanne and Hon. Frank Gulotta, Jr. Gregory S. Lisi Stephen Gassman Hon. Peter B. Skelos Stephen Gassman Stephen Schlissel Hon. Peter B. Skelos Hon. Leonard B. Austin Adrienne and Roger Hausch Michael Markowitz Christopher T. McGrath Stephen Schlissel Theodore Roosevelt American Inn of Court IN MEMORY OF DONALD FINKELSTEIN, IN MEMORY OF HON. EDWARD A. MARON FATHER OF DANA FINKELSTEIN Hon. Denise Sher Hon. Peter B. Skelos Joanne and Hon. Frank Gulotta, Jr. Hon. Peter B. Skelos Richard Tannenbaum Douglas & Lynda Good Christopher T. McGrath Hon. Fred J. Hirsh Hon. & Mrs. Stephen A. Bucaria Adrienne & Roger Hausch Michael E. Ratner Hon. Leonard B. Austin IN MEMORY OF HON. BRUCE ALPERT Joanne & Hon. Frank Gulotta, Jr. Hon. Kenneth S. Diamond Hon. Marvin and Carol Segal IN MEMORY OF FLORY WARSHAWSKY, Hon. Peter B. Skelos Hon. Joy M. Watson WIFE OF HON. IRA B. WARSHAWSKY Hon. and Mrs. Stephen A. Bucaria Raimondi Law, P.C Omid Zareh Joanne and Hon. Frank Gulotta, Jr. Hon. Leonard B. Austin Hon. Denise Sher Gregory S. Lisi Adrienne and Roger Hausch Mary Ann Aiello and Michael DiFalco IN MEMORY OF NORMAN LORINTZ, FATHER OF JOSEPH H. LORINTZ Evelyn Kalenscher Scott Wiss Richard Tannenbaum Peter B. Skelos Patricia P. Wright Greg S. Zucker Susan Mintz Hon. Joy M. Watson Thomas A. Levin Stephen Gassman Kathleen Wright Gale D. Berg Stephen Schlissel Karen L. Bodner Hon. Jeffrey Goodstein Alan B. Hodish Patrick M. McKenna Adrienne and Roger Hausch Leonard and Barbara Cornell Hon. Ruth Balkin Ira S. Slavit IN MEMORY OF JENNIE PICA, MOTHER OF BARBARA A. GERVASE Christopher T. McGrath Jaspan Schlesinger LLP Kenneth Marten Bekoff Feinman Lo Piccolo & Kaufman, P.C. Christopher T. McGrath Terry E. Scheiner Hon. Elaine J. Stack Hon. Peter B. Skelos Stephen Schlissel James E. Flood, Jr. Hon. Joy M. Watson Hon. Marilyn K. Genoa Sanford Strenger Lois C. Schlissel Barry Fisher Adrienne and Roger Hausch Hon. Steven and Peggy Jaeger Hon. Leonard B. Austin IN MEMORY OF CLAUDETTE KORNFELD, Hon. Peter B. Skelos Michael Markowitz Florence Fass and Elena Greenberg MOTHER OF HON. RANDY SUE MARBER Hon. Claire I. Weinberg Douglas and Lynda Good Michael G. LoRusso Kathleen Wright Sanford Strenger Sondra and Jeff Toscano and Family Joanne and Hon. Frank Gulotta, Jr. Joanne and Hon. Frank Gulotta, Jr. Hon. Peter B. Skelos Mark and Lynn Goidell Hon. Patricia A. Harrington Theordore Roosevelt American Inn of Court Mindy & Roy Kaufman Richard D. Collins Nassau Lawyer July/August 2020 17 We Care

WMEAK CE AA DRONEA TFIOUN NTOD "From the Legal Community to Your Community"

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Address ______

______contact will reciprocate or there may be Marketing Smart ... opportunities to create joint content. Continued From Page 13 • Offer to give recommendations/reviews Phone ______Contact close referral sources, colleagues, to do that is through sharing original and vendors, and other contacts and offer to third-party content on a consistent basis. give them a review. Most will reciprocate Posting is like talking to people at a network- on their own. ing event. It helps others get to know and • Mine LinkedIn contacts Review connec- General Contribution remember the speaker. Original content can tions and develop a list for follow up via include something as simple as a few sentenc- phone or email. Check in (without pitching es of text with a practical tip, or links to lon- legal services) and offer to make introduc- ger content like blog posts, articles, webinars, Memorial Gift tions or assist in other ways. and podcasts. It also includes visual content • Host an event Take advantage of vir- such as photos, charts, and video which tual networking and webinars, not just In Memory of ______is particularly effective at getting people’s by attending, but by hosting. LinkedIn attention. Third-party content similarly can and Facebook allow users to create public include any form of written, audio, or visual and private events. However, even without Special Occasion Gift information. It can be useful material written using those features, social media can be by someone the attorney personally knows or used to send invitations to selected con- by a stranger. In Honor of ______Both original and third-party content tacts as well as promote the event publicly must be interesting and helpful to the attor- to connect with new people. ney’s target audience. High quality content Social Media Planning Special Occasion bolsters an attorney’s reputation. However, it is also beneficial to share content that Random acts of marketing are rarely ______gives people a broader view of that attorney’s cost-effective. Doing a little bit of this and personality and interests, just like discussing that without a coherent strategy is a waste nonwork interests at a networking event. of resources. A marketing plan is essential To be notified of gift: ______People hire those they like and trust, and and should outline an attorney’s marketing social media can be leveraged to help with message, target audiences, the steps that will that goal. be taken, and goals. Social media is one piece Name ______While regular posting will help attorneys of a firm’s overall marketing strategy, but be more visible, there are tactics that can sub- should be specifically planned out, including stantially improve results. Paying attention to developing a calendar and deciding who will the timing of posts, using interesting visuals be responsible for the various activities like Address ______and compelling copy, adding hashtags, and creating/finding content, posting, and mon- analyzing which posts do the best and worst itoring social media. can help ensure posts reach the right audi- A big reason why marketing fails is because ence and drive results. Some of these can firms do not put aside enough resources (i.e., ______be done by attorneys, others require specific people, time, money) to get it done. However, marketing expertise. However, it all starts everything does not have to be done at with making the commitment to create or once. Attorneys can start by committing to I would like to make a bequest or other planned find content that people want to read. a few simple activities every week and grow- ing from there. Marketing has a cumulative gift. Please have a WE CARE representative Engaging with Contacts impact so every effort will add up. contact me to make arrangements. Ultimately, it is not enough to be visible Conclusion online, engaging people is also necessary. Posting is just one side of the conversation or To quote an old adage, “When times are interaction; the other side is paying attention good you should advertise, when times are □ □ to what others are doing and saying and fol- bad you must advertise.” This applies to all Donate $______by check credit card. lowing up to strengthen the relationship. On types of marketing. Out of sight, out of mind social media, this can be done several ways. is real. While some attorneys may cut back • Check “Notifications” On the top of on marketing out of fear of spending money, a social media page, there is a tab for others will step up their efforts to ensure CC #______Notifications. It provides information on that they remain visible and their business contacts’ birthdays, anniversaries, and will recover. Do not be left behind when their postings. In addition, it identifies circumstances improve. Maintain or increase Exp. Date______Zip ______CVV ______those who have viewed/interacted with marketing efforts during the pandemic. an attorney’s profile or posts (likes, com- Edie Reinhardt, Esq. is Principal of RDT ments, mentions, profile views). Pay atten- Content Marketing. She is a former practic- tion to this information and reach out to ing attorney turned marketer and writer and Signature______that person with an appropriate message. specializes in helping attorneys showcase • React to posts If a contact posted some- their expertise and successfully target their thing, ideally comment on it, instead of marketing to attract more clients. Her ser- Please mail to: WE CARE Fund, 15th & West vices include marketing strategy, content just hitting the like button. Adding a com- development, social media, and websites. ment draws more attention to both parties. Streets, Mineola, NY 11501 or call (516) 747-4070 In the same way, attorneys should respond For more information, visit her website at if someone made a substantive comment https://www.rdtcontentmarketing.com/ or to their posts. contact her at ereinhardt@rdtcontentmarket- Contributions are tax deductible. ing.com. • Ask others for content Reach out to con- tacts with complementary businesses and 1. Clio Legal Trends Report 2019, available at https://bit. offer to share their content. Most likely, the ly/3fGetfT. 18 July/August 2020 Nassau Lawyer

DISTRICT COURT IN-HOUSE COUNSEL NEW LAWYERS Discusses issues arising from practice Shares information and support to assist Structured events and activities of benefit in District Court, and promotes dialogue in-house counsel and new subect matter skills. and interest to newer attorneys (within between the bench and the bar with respect Chair: Tagiana Souza-Tortorella ten years of admission) and law students, to issues of common concern. including social and professional activi- 2020-21 NCBA Com- Co-Chairs: S. Robert Kroll and Roberta INSURANCE LAW ties. Establishes support network for new Reviews insurance claim procedures, insur- D. Scoll lawyers. ance policies, substantive insurance law and Co-Chairs: Steven V. Dalton and Glenn mittee List and Chairs related issues. DIVERSITY AND INCLUSION R. Jersey, III Encourages more diverse membership INTELLECTUAL PROPERTY LAW Questions? Contact Stephanie participation at the Bar and promotes dis- Provides a source of information to prac- PARALEGAL cussion of issues related to diversity in the ticing attorneys whose interests relate to Promotes the exchange of information between paralegals and attorneys and pro- Pagano at (516) 747-4070 or practice of law. patents, trademarks, copyright and other vides and establishes a networking opportu- Chair: Hon. Maxine S. Broderick intellectual property matters. [email protected] for nity between paralegals and attorneys. Vice Chair: Rudy Carmenaty Vice Chair: Sara Dorchak more information.. Chair: Maureen Dougherty DOMUS (HOUSE) LABOR & EMPLOYMENT LAW Vice Chair: Cheryl Cardona Oversees repairs and refurbishing of the Analyzes proposed federal and state legislation, NCBA headquarters. administrative regulations, and current udicial PLAINTIFF’S PERSONAL INJURY Chair: Maureen Dougherty decisions relating to employer-employee Discusses new developments and changes relations, pension, health and other employee in the law that affect plaintiffs lawyers and EDUCATION LAW benefit plans, Social Security and other matters their clients. ACCESS TO JUSTICE CIVIL RIGHTS LAW Discusses topics related to the legal aspects in the field of labor and employment law. Chair: Ira S. Slavit Develops innovative programs to provide Explores issues related to the protection of of school systems. Chair: Matthew B. Weinick Vice Chair: David J. Barry free or reduced fee access to legal counsel, the rights of minorities and the various civil Co-Chairs: John P. Sheahan and Vice Chair: Michael H. Masri advice and information. rights legislation. Rebecca Sassouni PUBLICATIONS Co-Chairs: Kevin P. McDonough and Chair: Bernadette K. Ford Vice Chair: Abigail Hoglund-Shen *LAWYER ASSISTANCE PROGRAM Solicits and develops articles for the month- ly Nassau Lawyer publication advises and Gregory S. Lisi Vice Chairs: Robert L. Schonfeld and Provides confidential assistance to attorneys ELDER LAW, SOCIAL SERVICES & struggling with alcohol, drug, gambling and supports efforts of the Nassau Lawyer Vice Chair: Sheryl A. Channer Zhenlan Hu HEALTH ADVOCACY other addictions & mental health issues editor. ADOPTION LAW COMMERCIAL LITIGATION Addresses legal issues related to health, that affect ones professional conduct. Co-Chairs: Christopher J. DelliCarpini Discusses issues relating to all aspects of Provides a forum for attorneys practicing mental hygiene and social services for the Application & Presidential approval required and Andrea M. DiGregorio the adoption process, including laws and public and special population groups, includ- commercial litigation, including interaction Chair: Jacqueline A. Cara Vice Chair: Rudy Carmenaty legislation. ing the poor, the aged and the disabled. with ustices and support staff of Nassau Co-Chairs: Faith Getz Rousso Co-Chairs: Katie A. Barbieri and *LAWYER REFERRAL REAL PROPERTY LAW Countys Commercial Part. Works with other Considers current developments relating to Patricia A. Craig Advises the NCBA Lawyer Referral Service ALTERNATIVE DISPUTE RESOLUTION related committees and NCBA Officers and addresses policy questions regarding fees, the practice of real estate law. Vice Chairs: Marianne A. Anooshian and Reviews innovative trends and strategies Directors on issues of corporate law affect- law categories and membership. *Presidential Vice Chair: Jon Michael Probstein regarding alternative dispute resolution, ing both litigated and non-litigated matters. Suzanne Levy approval required including NCBAs Arbitration and Mediation SENIOR ATTORNEYS Chair: Matthew F. Didora ENVIRONMENTAL LAW program. LEGAL ADMINISTRATORS Members approximately 65 and older meet Vice Chairs: Jeffrey A. Miller and Establishes a forum for the exchange of Co-Chairs: Marilyn K. Genoa and Jess Provides a forum for legal administrators to to discuss pertinent issues in their personal Christopher J. Clarke information regarding substantive and share information, learn about updates to HR and professional lives. A. Bunshaft procedural law in the burgeoning field of and labor law, gain knowledge about topics rel- Chair: Charles E. Lapp, III COMMUNITY RELATIONS & PUBLIC environmental matters. ANIMAL LAW evant to their position, and network with other Focuses on animal law-related issues and EDUCATION Chair: Nicholas C. Rigano administrators, while at the same time increas- SPORTS, ENTERTAINMENT & MEDIA Provides speakers to schools, libraries and ing visibility and understanding related to the LAW their interrelationship with other areas of ETHICS administrators role within law firms. Considers topics and factors specifically the law. community organizations conducts mock Responds to member inquiries relating to related to practice in the field of sports, Co-Chairs: Kristi L. DiPaolo and trial competition for high school students ethics and propriety of all facets of practicing Co-Chairs: Dede S. Unger and Virginia entertainment and media law. Florence M. Fass promotes Law Day and plans public educa- law, including advertising, conflict of interest Kawochka tion seminars on current topics. and confidential relationships. Chair: Seth L. Berman APPELLATE PRACTICE LGBTQ Chair: Joshua D. Brookstein Chair: Matthew K. Flanagan SUPREME COURT Addresses effective brief writing and oral Addresses equality in the law and the legal Vice Chair: Ingrid J. Villagran Vice Chairs: Avigael C. Fyman and Mili Provides a forum for dialogue among bar arguments on appeal as well as develop- concerns of the LGBT community. members and the udiciary on topics related ments in the law or court rules that may Makhijani Co-Chairs: Charlie Arrowood and CONCILIATION to Supreme Court practice. impact appellate practice. Byron Chou Provides an alternative voluntary process FAMILY COURT LAW & PROCEDURE Chair: William Croutier, Jr. Chair: Jackie L. Gross through which fee disputes between clients Addresses issues that relate to the practice Vice Chair: Barrie E. Bazarsky Vice Chair: Steven Cohn Vice Chair: Amy E. Abbandondelo and attorneys are arbitrated. of law in Family Court. MATRIMONIAL LAW Chair: Susan G. Mintz SURROGATE’S COURT ESTATES AND ASSOCIATION MEMBERSHIP Chair: M. Kathryn Meng Promotes the standards and improves the Develops strategies to increase and retain Vice Chair: Steven L. Keats practice of matrimonial law. TRUSTS FEDERAL COURTS Deals with estate planning, administration membership as well as expand member Monitors developments in federal practice Chair: Samuel J. Ferrara CONDEMNATION LAW & TAX and litigation reviews pending relevant New services and benefits. and interfaces with federal udges and court Vice Chairs: Jeffrey L. Catterson and CERTIORARI York State legislation and maintains an Chair: Michael DiFalco personnel. Karen L. Bodner Focuses on issues related to real property interchange of ideas with the Nassau County Chair: David Shargel Surrogate and staff on matters of mutual BANKRUPTCY LAW valuation and litigation. MEDICAL LEGAL Vice Chair: Matthew C. McCann interest. Reviews recent decisions on bankruptcy Chair: Richard P. Cronin Reviews issues relating to medical malprac- law and their implications for attorneys who GENERAL/SOLO/SMALL FIRM PRACTICE tice litigation for plaintiffs and defendants. Co-Chairs: Amy F. Altman and Brian P. represent debtors or creditors. CONSTRUCTION LAW MANAGEMENT Co-Chairs: Mary Anne Walling and Corrigan Chair: Neil H. Ackerman Provides a forum for discussion on topics Provides networking opportunities for Susan W. Darlington VETERANS & MILITARY LAW Vice Chair: Jeannine M. Farino related to construction law. general, solo and small-firm practitioners, Vice Chair: Christopher J. DelliCarpini Reviews legislation and regulations associ- Chair: Michael D. Ganz and explores ways to maximize efficient law BUSINESS LAW, TAX, AND ated with military law and veterans affairs, Vice Chair: Raymond A. Castronovo practice management with limited resources. MENTAL HEALTH LAW in particular, the needs of reservists and ACCOUNTING Encompasses a variety of areas of practice. Provides programs on legal issues con- National Guard called to active duty. Educates members on emerging issues in CRIMINAL COURT LAW & PROCEDURE Chair: Scott J. Limmer cerning mental illness and developmental Chair: C. William Gaylor, III corporate and tax law as well as accounting Reviews legislation related to the field of disabilities, including but not limited to, related matters, and promotes the exchange criminal law and procedure, and discusses HOSPITAL & HEALTH LAW capacity, civil rights, access to treatment and WOMEN IN THE LAW Considers legal issues impacting health care, of information between attorneys and problems, questions and issues pertinent to dual diagnosis, as well as discusses relevant Examines current trends regarding women accountants. hospitals, nursing homes, physicians, other attorneys practicing in this field. statutes, case law and legislation. in the court system, and seeks to protect Co-Chairs: Jennifer L. Koo and Scott L. providers and consumers. Co-Chairs: Saundra M. Gumerove and their rights to equal treatment. Chair: Dennis O’Brien Kestenbaum Chair: Leonard M. Rosenberg Suanne Linder Chiacchiaro Chair: Jessica C. Moller Vice Chairs: Dana L. Grossblatt and Vice Chair: Anthony Michael Sabino Vice Chair: Colleen C. McMahon Vice Chair: Sherwin Figueroa Safir Diane T. Clarke MUNICIPAL LAW BY-LAWS IMMIGRATION LAW Reviews trends and developments concerning WORKERS’ COMPENSATION Periodically reviews and suggests appropri- DEFENDANT’S PERSONAL INJURY Discusses problem areas in immigration zoning and planning, elections, employee rela- Discusses current legislation related to ate changes in the current by-laws of NCBA, Discusses new developments and changes law. tions, open meetings law, and preparation and Workers Compensation regulations and NCBA Fund, Assigned Counsel Defender in the law that affect defendants lawyers Chair: George A. Terezakis enforcement of ordinances and local laws. benefits. Plan and Academy of Law. and their clients. Vice Chairs: Lorena E. Alfaro and Co-Chairs: John C. Farrell and Chris J. Chair: Adam L. Rosen Chair: Daniel W. Russo Chair: Matthew A. Lampert Alex Noel Ortiz Castro Coschignano Vice Chair: Brian P. O’Keefe

GENERAL, SOLO AND SMALL LGBTQ We Welcome the following New Members LAW PRACTICE MANAGEMENT Charlie Arrowood/Byron Chou NCBA Committee Scott J. Limmer 8/12/2020 Cecily Ann Harris Meeting Calendar 8/5/2020 :00 AM Attorneys 1:0 PM Jennifer Branca David N. Milner Aug. 5—18, 2020 LAP (LAWYER ASSISTANCE Please Note: Committee Meetings BANKRUPTCY LAW PROGRAM) TOWN HALL MEETING Lisa Butler are for NCBA Members. Dates Neil H. Ackerman Jacqueline A. Cara Joshua Feldman In Memoriam and times are subject to change. 8/6/2020 8/18/2020 Denise Elizabeth Foster Leonard L. Rivkin Check www.nassaubar.org 1:0 PM 1:0 PM for updated information. Daniel J. Hansen Aaron Britvan Nassau Lawyer July/August 2020 19 was acting in good faith to further treatment lawsuits, families of nursing home residents 1. Centers for Disease Control and Prevention, People Nursing Home ... and protection against COVID-19.28 that have passed away from COVID-19 Who Are at Higher Risk for Severe Illness, available at Continued From Page 14 Despite these new laws, nursing homes have already started filing lawsuits claiming https://bit.ly/37HvIKW 2. Jack Healy and Serge F. Kovaleski, The Coronavirus may not be completely protected from lia- that facilities were grossly negligent in their Rampage Through a Suburban Nursing Home, New Third Department confirmed the PREP Act’s bility resulting from COVID-19. Nursing response to the COVID-19 pandemic and York Times, (Mar. 21, 2020), available at https://nyti. preemption of state law in dismissing plain- home facilities may still be held liable for their treatment of infected residents. ms/30QPxy5. tiff’s claim for negligence and battery result- acts of gross negligence, willful or intentional For example, a Manhattan woman has 3. Id. criminal misconduct, reckless misconduct, filed suit against a Harlem nursing home for 4. Id. ing from the administration of the H1N1 5. Madeline Holcombe and Mirna Alsharif, Tip leads vaccine to plaintiff’s infant child without or intentional infliction of harm relating to gross negligence and medical malpractice COVID-19 infected residents or the facility’s police to 17 bodies at a New Jersey nursing home, CNN parental consent.26 after her father passed away due to complica- (Apr. 16, 2020), available at https://cnn.it/310xaa5. procedures in response to the pandemic. For 29 In March, similar immunity was also tions from COVID-19. The woman claims 6. Id. example, the New York law protects nursing invoked in New York under the Emergency this facility “‘failed to take the proper steps to 7. 42 CFR § 283.80(g). home facilities from liability resulting from 8. Id. or Disaster Treatment Act (“EDT Act”). protect the residents and/or patients at their acts or omissions due to resources or staffing facilities from the COVID-19 virus,’ by not 9. Id. Under the EDT Act, health care facilities 10. 42 CFR § 283.80(g)(3). shortages that could not be considered willful implementing basic health guidelines” before and health care professionals are shielded or intentional. However, if, for example, it 11. Id. the death of her father including failing to 12. Executive Order No. 202.18. from civil and criminal “liability that may is determined that a nursing home facility 30 prevent visitors from entering the facility. 13. Id. result from treatment of individuals with had access to personal protective equipment, COVID-19 under conditions resulting from In a separate suit, a Brooklyn man is suing 14. Executive Order No. 202.19. and failed to use such equipment, the facility a Brooklyn nursing home facility under sim- 15. NYS Office of the Governor, Amid Ongoing COVID- circumstances associated with the public may still be found liable for damages relating 19 Pandemic, Governor Cuomo Announces State Health 27 ilar causes of action after his father passed health emergency.” This limitation of lia- to COVIID-19 complications under certain Department Will Partner with Attorney General James away due to complications from COVID- bility applies to nursing home facilities, asso- circumstances. to Investigate Nursing Home Violations (Apr. 23, 2020), 19.31 The suit claims the facility failed to ciated health care professionals, agents, and As New York courts have lifted the mor- available at https://on.ny.gov/2AD3pRT. follow basic federal and state guidelines relat- 16. Id. employees, so long as the individual or entity atorium on the filing of new, non-essential ed to the COVID-19 pandemic “including 17. David Landers, Who is Liable for Nursing Home failing to separate residents, failing to enforce Injury or Abuse?, NOLO, available at https://bit.ly/2UY- social distancing, not canceling group activi- AbDX. 18. Maggie Severns and Rachel Roubein, As residents ties and communal dining, not stopping visi- perish, nursing homes fight for protection from lawsuits, tors from coming into the facility in a ‘timely Politico (May 26, 2020), available at https://politi. manner and other measures.’”32 co/316xlkf. It remains to be seen whether either of 19. Id. these plaintiffs, or any future plaintiffs, will 20. 42 USC §§ 247d-6d, 42 USC §§ 247d-6e. be able to meet the high bar required to 21. 42 USC §§ 247d-6d(i)(1). 22. 42 USC §§ 247d-6d(i)(2). prove that a nursing home facility acted with 23. 42 USC §§ 247d-6d(a)(2)(A). gross negligence or committed medical mal- 24. 42 USC §§ 247d-6d(a)(3). practice, particularly in light of the increased 25. 42 USC §§ 247d-6d(a)(6). protections offered to nursing home facilities 26. Parker v. St. Lawrence County Pub. Health Dept., 102 during the COVID-19 pandemic. A.D.3d 140 (3d Dept. 2012). 27. N.Y. Pub. Health Law § 3080 (McKinney’s) Andrew P. Nitkewicz is head of the firm’s 28. Id. Trusts and Estates Department of Cullen 29. Priscilla DeGregory, NYC woman sues Harlem nurs- and Dykman LLP in Garden City. Roxanne ing home after dad dies from coronavirus, New York Post L. Tashjian is a Partner in Cullen and (May 25, 2020), available at https://bit.ly/2N8PENd. Dykman’s commercial litigation department. 30. Id. Thanks to Ryan Soebke, an associate in the 31. Priscilla DeGregory, Man sues Brooklyn nursing home commercial litigation department of Cullen for failing to protect dead father from COVID, New York and Dykman, for assisting with this article. Post (May 26, 2020), available at https://bit.ly/2YQWXP0. 32. Id.

Installation of NCBA and NAL Officers and Directors June 2, 2020 Photos by Hector Herrera

On Tuesday, June 2, 2020, Dorian R. Glover of The Law Office of Dorian R. Glover, was installed as the 118th President of the Nassau County Bar Association (NCBA) at the first ever virtual 2020 Installation of NCBA and NAL Officers and Directors. Also installed at the Installation ceremony were the following officers: Gregory S. Lisi, President-Elect; Rosalia Baiamonte, Vice President; Sanford Strenger, Treasurer; Daniel W. Russo, Secretary; and Anthony Michael Sabino, Nassau Academy of Law Dean. 20 July/August 2020 Nassau Lawyer LAWYER TO LAWYER APPELLATE COUNSEL DISABILITY INSURANCE LAW ISRAELI LAW

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Lower Allen Township-based board. She is a speech-language Lancaster-based RGS Associ Members 1st Federal Credit Priority Bank division. She will be based in Chester County and con pathologist, has conducted ect landscape architect. He has trainings on the importance of Alma Jimenez tribute to deposit growth through insurance com a bachelor’s degreeJake from Krieger Temple telecommunications for those “I think brewers absolutely want to use branch manager business development activities. panies, fraternal lege in 2008. tive Creamery CSA, based out of Angstadt’s University. - with disabilities and has been boomers, growing millennials, women drones for 3D modeling of proj of the location She will also generate fee income benefit societies, - Worth-Arlington, Texas had the largest growing county. Among counties with a [email protected] it,” Musselman said, noting the differencesnamed a computer aided drafting - involved with the administra After a few years she knew it was some- Oley creamery, with Jones as the operations Matthew Fauth inside the Gi through cash management prod - insurance pro Mike in the workforce and migration toward Flahive said. The company now does work in smell and taste between East and Westand design designer. He also is a tion of Pennsylvania’s telecom numeric growth, with a gain of 131,767 population of 20,000 or more, Williams thing she wanted to do full time. manager and Angstadt and Miller as the two ant Foods store ucts and services, and expand and ducers and third- Kushner the South. Today’s demographic changes for a number of different clients, including Pennsylvania leads the nation in craft- - Coast hops. sergeant in the National Guard. He munications device distribution people, or 1.8 percent in 2018. Second County, North Dakota, claimed the top construction companies, utilities and gov She opened Valley Milkhouse in a former primary cheese makers. on East Market - retain customer relationships. She party administra - - was present challenges for commercial real The opportunities for creating new jobs But Musselman said he expectshas local an associate degree from York program. Hrivnak will represent ernment agencies. dairy farm in Oley in 2014 and began to “We thought between the three of us, we beer production. Street, York. She has 43 years of financial services tors in insurance regulatory, trans was Phoenix-Mesa-Scottsdale, Arizona, spot as the fastest-growing by percent- But while more beer is being brewed in hops would cost more than thoseTechnical from Institute. experience. the PUC’s Bureau of Consum - estate developers, but they also offer lu and businesses are vast, said Albert R. manufacture and sell her cheeses profes- could pool our resources and move beyond was a branch - actional andnoting litigation- is matters.thatCoble the counties have main- which had an increase of 96,268 people, age. This county’s population rose by 5.9 Sarvis, an assistant professor of geospatial er Services on the board. He - crative opportunities to firms creatively places like Carlisle, Harrisburg and York, larger West Coast suppliers, given the manager for PNC Bank. tained the same order of ranking based technology at Harrisburg University of Sci sionally. farmers markets,” Angstadt said. is manager of compliance and or 2.0 percent. The cause of growth in percent between 2017 and 2018 (from ence and Technology. HU has adapted its brewers here must rely on some key in lower hop volumes at local farms.Upper Nev Dublin Township, Mont Jimenez CONSTRUCTION MARKETING adapting to new demands. Not a dairy farmer, herself, she partnered According to Jones, the trio didn’t invent competition in the bureau’s pol upon population for eight-plus years. For these areas is migration, both domestic 33,395 to 35,350 people). The rapid geospatial programs to include the use of gredients that often travel long distances. - ertheless, he said he wouldgomery still buy County-based local McMahon - • drones and has sponsored summer camps with other small Berks County dairies to buy the idea of a cheese-based CSA. But, she Manheim Township-based Lancaster-based Wohlsen Lancaster-based Godfrey - One is hops, which are not widely Associates Inc. named icy division. - example, in 2010 the counties in order of and international, as well as natural growth Williams County experienced was for students in high school and middle hops for special PA Preferred brews, i.e., Ambassador Advisors LLC named Construction Co. named named Mike Kushner is the owner of Omni Realty school to encourage interest in the technol fresh warm milk “straight from the udder.” said, “A cheese CSA is still pretty unique.” pher K. Bauer smallest population to largest were Cum- increase. In Dallas, it was natural in- due mainly to net domestic migration of - grown in Pennsylvania, or on the East - beers made with Pennsylvania-produced Christopher R. Maza ciate creativeLuke director. Weidner He will Group, a real estate firm in Harrisburg. He can ogy, SarvisOthers said. pointed out that drones have been Her cheeses — mostly a mix of softer and Jones said it also makes sense. general manager of the Camp Hill - project Coast in general. agricultural commodities, like hops or Coolidge manager and es Harrisburg-based State Civil oversee message unificationberland, andDauphin, York and Lancaster. crease that served as the largest source 1,471 people in 2018. The county also ex- be reached through www.omnirealtygroup. office. He has morean associate.than 20 years He is Service Commission named - used in the film and television industries, as aged styles — were a hit. “You can get subscriptions for anything In fact, most hops come from Washing Christo investment of timator. He was an asso David Heath, director of the PA Drone Association, prepares to make remarks at Drone Advocacy Day June 11 in Harrisburg. Heath and other grain. Manuel brand consisten This is the same ranking we see in 2018, of population growth. For Phoenix it was perienced growth between 2017 and 2018 com� well as in surveying rail lines and in police chief resa Osborne supporters hope to encourage state leaders to support the growing drone industry. “We make everything by hand. It’s very today — dog products, beauty products — of project management and trans - ficer. He leads and emergency applications, such as river Victor Shaffer and Andrew Lyons start project engineer. - cy and align cre - ton, Oregon and Idaho, which account for portation engineering experience County a commissioner. She was training and certification program and are rescues. One story told during the June 11 good cheese so there is a demand,” Angstadt why not cheese?” she said. the wealth man - He has a bache ative resources - - the majority of the country’s hop produc ed growing an acre of hops outside of of Lackawanna currently engaged with a pilot program as event was how cattle had ruined a portion of - and has helped municipalities agement depart lor’s degree from secretary of the Pennsylvania De a farmer’s crops. A drone was able to assess said. Mechanicsburg last year. Their company, Te with project and - sessing efficiencies for the use of drones for - tion. Washington alone has about 40,000 partment of Aging. - the total damage, which helped justify the ders recently purchased equipment that through their responsibilities as ment and works - Millersville Uni - 3D modeling of stockpiles, excavations and In fact, demand often outpaced her sup- A profitable boost From left, Sue Miller, Stefanie Angstadt and Alex Jones brought together their collective acres of hops. Mike and Sharon Reifsnyder stand in the hop yard of their West Pennsboro Township called Lion Bines Hop Farm, is expected to account needs to roadway slide areas,” she said in a written insuranceThen claim. there are the spin-off businesses. will allow them to pelletize dried hops local project sponsors on state - PHOTO/MARKELL DELOATCH with various oth - versity. ensure efficien response to questions. ply. Nonetheless, she struggled with the lo- The Collective Creamery is now heading talents to form the Collective Creamery CSA in 2016. PHOTO/SUBMITTED Two Cumberland County hop farmers farm. They began growing the crop in 2017 in a bid to make locally grown hops more produce a partial harvest of hops this year GUEST VIEW - — meaning to grind them into powder and federally funded projects. He HEALTH CARE Ryan Boswell is the Philadelphia-based - er departments. - cy. Most recent - gistics of getting the cheese she was making into its third year. And while it is still just available. and a full harvest next year. FlyingSeveral into new attendees roles at the June 11 event sales manager for PhaseOne Industrial, DRONE are hoping to claim a piece of that market - also serves municipalities’ day- - continued from page and press them into small pellets. Pellet He is a chartered financial- analyst York-based Wagman Construc East Pennsboro Township- ly, he was the - a camera company to based the in people Colorado. who wanted it. a small part of each of the cheesemakers’ Brewing Co. in Douglasville and Covered and inspire other Pennsylvania farmers to to-day traffic consulting needs. PhaseOne cameras can be outfitted on will offer $82.1 billion in economic benefits “You can get subscriptions But Reifsnyder, who retired in 2011 ized hops have a longer shelf life and are charterholder. tion Inc. named Maza based Geisinger Holy Spirit day passes, Pennsylvania seems to be falling said they think state leaders will be sup andcreate 100,000 new jobs in the United Coolidge design manager - - various drones toWhile do a variety around of work forStates80 alone percent by 2025. The association’sAccording goalof theto association, the drones cheese business, it is an important one. Bridge Farmstand in Oley — and at one consider cultivating the crop for breweries He is a professional engineer and further behind in developing a domestic portive of ideas to expand drone programs is to encourage state leaders to support what many brewers rely on throughout tor of business development for named governments, quarry operatorsthe development and of a drone utility industry – or from the U.S. Navy after 22 years of service, for Artisanal Brewing Ventures. both within state agencies and with com unmanned aircraft systems, as they are for anything today — dog Retirement plans should be piece of M&A puzzle For now, the association isn’t asking - she makesmore formally known is – becausesold other states wholesale to markets and By eliminating the middleman, the chee- location in the Lehigh Valley — Bonn Place in Pennsylvania. professional traffic operations Maryland. He will Joe Corson of GeisingerDr. Ho Ming Jang companies,already areamong doing so. others, Boswell said. the year. Weidner mercial applications once they understand “It’s a niche thing. Not too many peo took a chance on hops after experiment Manheim Township-based Weidner has a bachelor’s degree the potential.Tasks such as bridge inspections or aerial millionto pay for a 50-mile unmanned air semakers get more of the profit. Brewing Co. in Bethlehem. Other pickup The farm’s hop yard could yield about engineer. expand the firm’s ly Spirit Primary 2018 was a banner year for mergers So, if you’re planning a merger or acqui- restriction before being able to join the includes confirming past operational and Pennsylvania’s leaders for much – except corridorbetween Syracuse and Rome, the products, beauty products RKL Wealth Management LLC - For example, New York is putting up $30 direc from Penn State. association said. Other states have become ing with grapes and asparagus on his to be aware of what is going on and to offer federal test sites for the drone industry, a member - while others have been joining regional Angstadt said her profit margin is gener- locations are in the Chester County and ple do it,” said Michael Reifsnyder, who - participation in - Care. He will see - and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all surveys that once took weeks to conduct 5,000 or 6,000 pounds of hops this year. named support as ideas develop, several people partnerships to develop initiatives. As each Carlisle-area farm, dubbed GEMS Farm. day passes, Pennsylvania seems to be falling — why not cheese?” oppor tunities adult patients said. One goal is to create a working group can now be done in a day or so, Day said. further behind in developing adomestic ally about 15 percent to 20 percent on the Philadelphia areas. planted 3,400 hop plants on his 15-acre - GEMS expects to pelletize the majority Swatara Township-based Skelly senior wealth William M. Onorato the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con drone industry, observers said. NONPROFITS within the state aviation caucus – a legis Farmers, utilities and others have seen how 1 He also saw success at nearby hop yard and Loy named Pennsylvania’s leaders for much –except West Pennsboro Township property in strategist. He will and enhance and specialize drones can reduce the costs of projectsto and be aware of what is going on and to offer roughly $150,000 in gross sales she has in a By having a wider client base, the chee- of its hops this year after selling almost totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the lative group – to develop a roadmap that For now, the association isn’t asking - support as ideas develop, several people — Alex Jones, Collective Creamery CSA Sunny Brae Farms and thought his farm marketing spe Philadelphia-based Pennsyl inspections. They also havesaid. One goalweighed is to create a working the group li 2017. - advise high-net- client relation in geriatric care. would “identify funding opportunities to within the state aviation caucus – a legis year. That makes it a challenge to maintain semakers also are able to offer more variety. all of its harvest last fall to local breweries percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non lative group – to develop a roadmap that go premium vanians for Modern Courts named ability risks and realized they are better off support critical drone infrastructure,” the would “identify funding opportunities to A big reason for the lack of new hop farm could provide complementary varieties of cialist. She will be LeShelle Smith worth families a ships throughout He was a clinical support critical drone infrastructure,” Governments, the however, seem to have a The association isn’t asking for new regu association said in ausing fact sheet. drones. a capital-intensive operation. Anywhere Angstadt and Miller rotate between six But they are on the lookout for more pickup making wet-hopped beers — also known retired nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent association said in a fact sheet. fresh local hops to small breweries. responsible for - Maryland. He has - assistant profes lations, pointing out that drones are regulat ers is difficulty in getting started and com - on multigenera ed by the Federal Aviation Administration, Lawrence F. The association isn’t asking for new regu she can improve the profit margin is a boost. varieties of cheese, including Angstadt’s locations along their current route and for He and his wife, Sharon, along with as fresh-hop beers that use hops fresh off deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac lations, pointing out that drones are regulat orFAA, which controls U.S. airspaces and higher hurdle to overcome when liability graphics coordi 30 years of con sor of medicine Judge alreadyrequires commercial drone opera peting with larger established operations. tional planning, ed by the Federal Aviation Administration, tors to get a license. concernsSeveral are raised, experts Day noted said. the concerns can Profits on the CSA vary from month to Witchgrass, her version of a French Valen- pockets of cheese lovers who may want to the vine. nation, including Stengel - and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as for action on the state level. In October “These local houses are up against com their two teenage daughters, maintain legacy planning, - struction industry experience. He in the division of geriatric- medi or FAA, which controls U.S. airspaces and 2018, Pennsylvania lawmakers passed Act Wet-hop batches of beer can use five Butthat doesn’t mean there is no room member.He a board is 78, which limits the ability of municipali be eased once the options are carefully month, but she said they tend to average at cay cheese, and Miller’s Clipper, an aged get in on their offerings. Corson already requires commercial droneties opera to regulate unmanned aircraft unless the hop yard, which is entering its second preparation of - business succes has a bachelor’s degree- from the cine at the University of PennsylJang these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, authorized by the statute. panies that can reach a better economy tors to Butget athat license. doesn’t mean there is no room weighed. For example, the risks to survey a to 10 times as many hops as pelletized a shareholder ordinances that can interfere with commer the higher end of her overall profits. raw-milk cheese. They also reach out to “We have to be lean and use the resources brochures, charts sion and estate University of Baltimore. vania’s Perelman School of Medi according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting cial operators, said David Day, executive utility line traditionally would involve work year of harvest. GEMS currently grows five vice president at Keystone Aerial Surveys Local jurisdictions often move to pass of scale, plus have quality control proce batches. with Manheim basedin Philadelphia. That makes educa ers using ladder trucks to examine high- The current CSA package from the Col- other cheesemakers in other regions, hop- we have,” Jones said. and exhibit ma cine. He has a medical degree tion critical, he added. for action on the state level. In October varieties of hops on 3.25 acres, but the plan planning. He has 25- years of es downside is that the employee accounts requirements. dures and logistics plans that have been Local brewers say they are eager to buy Township-based from Axios. These compa- can either maintain its own plan and the 2018, Pennsylvania lawmakers passed Act ing to include their specialty craft cheeses One secondary benefit to the women’s is to eventually grow to seven acres, plant terials. She will tate planning and wealth strategy EDUCATION from Drexel University College 78, which limits the ability of municipali in place for decades,” said Brandalynn more local ingredients, including hops, ties to regulate unmanned aircraft unless a wider variety of hops and reach more authorizedLocal by jurisdictions the statute. often move to pass Armstrong, co-owner of Zeroday Brewing in Harrisburg. “It makes it harder for the ordinances that can interfere with commer “Expansion is on our radar,” he said. cial operators, said David Day, executive vice president at Keystone Aerial Surveys

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year. It is my hope that the House Republican Caucus, along with the Pennsylvania Medical ters than they do at general hospitals. Medic Society and other medical-service advocates, aid [email protected] face 50 percent lower costs and tion andThis innovation ASC tax wouldin health be acare. blow By to tyingcompeti will prove once more that this tax would be patients with commercial insurance plans the invisible hand of the free market in health detrimental to Pennsylvania surgery patients. pay as low as 25 percent the costs of a hospi care with burdensome taxes, we get less ees. Those who are engaged at work will go the extra mile and demonstrate increased able toFirst, afford this state-of-the-art tax would cause equipment. ASCs to be un In addition to saving patients money, these productivity, which shows up in a compa with large amounts of information.Such equipment People allows them to have higher practitioners also save Medicare $2.3 billion cost theAnother state Medicaid tax on these system, ASCs it would may even not only GUEST VIEW • Talk about the rewards – not only for a year on just the 120 most-common proce ny’s profitability, turnover numbers, safety their personal lives, but rewards of the digest details in small chunks,productivity so consider and healthier patients, but under dures that Medicare patients receive, accord incidents and quality. program. What’s in it for them can be a an ongoing campaign to share bits and ingAlready to UC Berkeley. a Print &House DigitalI andurge Senate my colleagues to vote against in the Pennsylvania this proposal Subscriber? Call to upgrade - NOW! powerful motivator to expand participa Communication is key for an employee pieces of information, or a web page to and I urge Gov. Wolf to visit an ASC like West health and wellness program and for a tion. That participation, in turn, can build view the full information when employees in 2015,UC Pennsylvania Berkeley noted ASCs in a saved recent Medicare study that Shore Endoscopy in Cumberland County to TO THE EDITOR business overall. Looking to a professional a team atmosphere and lead to higher are interested and have time. $32.6 million on cataract procedures, $1.3 learn about the progress that is being made by restriction before being able to join the includes confirming past operational and In 2016, as fate would have it, an old once-a-month pickup of two pounds and in the CSAcommunicator to give customers for ideas more and bestoptions. practices engagement. million on upper GI procedures and $6.9 mil these entrepreneurial physicians and nurses. - If there’s one constant in health direct loans to businesses, with volume rising The investments typically will flow through 2018 was a banner year for mergers So, if you’re planning a merger or acqui- • Have a sense of humor when commu - care, it’s change. UPMC’s invest will help streamline communications sur lion on cystoscopy procedures. and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all friend of Angstadt’s, Alex Jones, a prominent four varieties of cheese for four months For example, Miller is currently work - nicating. Loosening up a formal approach ment in southcentral Pennsylvania from about $10 million to $30 million in the what are known as qualified opportunity funds. • Consider health and wellness ambas my district,As I meet such with as those physicians at West and Shore patients En in organizer of commu- to $280 for a twice- ing withrounding a sheep such farmera program to andblend lead sheepto more sadors. Peer-to-peer communication is can go a long way to creating engagement has brought positive change to past three years. the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con- were toIf thebe enacted,Wolf administration’s the Pennsylvania tax proposal Am - doscopy, I have been amazed at the benefits Community First has been working to develop engaged, healthier employees. powerful and partnering with passionate with the communication and getting on a hands-on workshop for growing veg our region, including new, highly The nonprofit also has opened new loan offic nity-supported agri- monthly pickup and cow milk together to make a creamy - bulatory Surgery Association, along with a of their innovative approach. totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the team members to communicate can re - board with the program. , Suzanne Fischer-Huettner such funds, which could work in combination federal allocation, the organization’s eighth. - What can you do? etables or herbs. At GRIT, team memberscoalition of state medical societies, warn that specialized services, thousands of percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non- culture programs in of one-and-a-half Camembert-style cheese. move the paternalistic factor. es in Allentown and Philadelphia where it would • Make it a two-way conversation. Ask in the wellness program are walkingup to 25 miles percent of these centers may need only minorWe all if can it happens relate to to the someone phrase, else.”“Surgery is new providers and leading-edge with other state and federal incentives. The previous seven allocations have helped the Greater Philadel- pounds and three Ultimately, their goal is to turn cheese employees what program components like to add more people to expand lending. Among the most notable of those is the nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent • Connect the dots for employees to the (via a step tracker) to earn a freeto closeairplane – pushing thousands of patients into - technology to treat the most fund 38 developments in the state, including phia area, had just varieties of cheese lovers into die-hard cheese fans. bigger corporate picture. Participation in they’d like to see. Find out what might mo costly general hospitals and forcing centers to Nobody wants to be told they need surgery “We expect to go deeper into markets we are - deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac- - ticket to anywhere in the world. The more - and they especially do not want an unpleas advanced diseases.Copyright However, 2019 byeven BridgeTower Media. All rights reserved. the Hamilton Health Center in Harrisburg, - wellness programs has the potential to de - tivate them to participate. Ask for ideas on withdraw from Medicaid. ant surgery experience. left a job with a CSA. for four months. “We want to cultivate the cheese culture creative and out-of-the-box the program, positive change canVolume cause 35, confu Number 23. Reproduction or use, without permission, in,” Betancourt said. and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as crease company health benefit costs over communicating the details to staff. - - Lancaster’s Keppel Building and the renova In a typical CSA, CSA packages gen- in this area like it is in Europe. We don’t want when paired with easy ways to participate, sion. I’d like to take a momentof editorial to or graphic content in any manner, including electronic But depth, he said, requires a bigger team. these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, vaniansThanks have beento ASCs, given thousands a convenient of Pennsyl and year — likely mixed-use, commercial and tion of Gettysburg’s Schmucker Hall. all, which in turn could make a difference the more people will want to take part. clarify a question involvingreproduction, health is prohibited. For licensing, reprints, e-prints and a group of farmers erally run from five people to see cheese as a guilty pleasure, but - • Use social channels to help spread quality outpatient experience with positive - community service projects — with a focus on In the meantime, officials are narrowing according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting in employees’ premium or out-of-pocket the word. Whether its an internal social insurance plans accepted at UPMCplaques, email [email protected]. Authorization to - That starts at the executive level. connect with a group to six months. The as a food you eat every day,” Angstadt said. • Stay diverse with your communica outcomes and speedy recovery in the comfort photocopy articles for internal corporate or instructional use may In addition to adding new execs, the non - from Axios. These compa- can either maintain its own plan and the downside is that the employee accounts requirements. health care costs. tool such as Slack or Yammer or a closed tions focus. If there is a large subset of - Pinnacle. - those that exceed $5 million. down mixed-use and commercial projects of their own homes. A double tax on these be obtained from the Copyright Clearance Center at 978-750-8400. - Developers often have to spend more of consumers who current package is “This is a way to grow the cheese community. group on Facebook or LinkedIn, encour staff who bike to work, that’s great, but if - across the state that could receive the tax nies, and others around seller’s plan separately, terminate the become immediately accessible. So, if not Many companies partner with an out- - centers would not only be devastating to the CENTRAL PENN BUSINESS JOURNAL (ISSN1058-3599) is pub want to buy fresh, shortened since the “People don’t see fine cheese as a neces- premium for the milk,” she said. age employees to share pictures of their - that’s all communications are about, the many hardworking physicians in our com outpatientUPMC clinics Pinnacle continue hospitals to and lished weekly except for the first week of July, the last full week of money to buy and fix up vacant and blighted credits. Part of that selection process could the globe, turn to M&A seller’s plan, or merge the seller’s plan rolled over into an IRA or other retirement side consultant to conduct a thorough healthy choices and/or program partici local produce. They current CSA season sity,” added Jones. “When they go to the gro- Her sources include Spring Creek Farm- in company risks losing support from other monwealth but their patients as well. accept most major insurance November and the last full week of December by BridgeTower Me properties than they can expect to get back include working with Lancaster-based deals- to increase market John into its own plan. plan, employees could squander retire- benefit plan review and help determine - pation. Build a little competition between Tax credit plan sell shares of their fu- has already begun. cery store they feel they have to get produce Wernersville, an organic dairy farm. parts of the employee base. The same goes plans, including Aetna, Capital Blue dia, 1500 Paxton St., Harrisburg, PA 17104-2633. The periodical post - in rental rates once construction is complet company segments and offer content our commonwealth,For the sake of theI hope health my andcolleagues wellness in of - After being shut out in the last fund - Community First Fund, which did not receiveshare and improve their Jeffrey If the buyer decides to maintain both ment assets and face penalty taxes for the best option. When experts are engaged for any topic: if it’s strictly about one thing, Cross, Highmark and UPMC Health age is paid at Harrisburg, PA and at additional mailing offices. POST - ture crop to the con- Customers pick and bread … we want them to think of fine Greg Stricker, a partner in Spring Creek,meant to engage the group – ask ques - Harrisburg listen to our physicians and their MASTER: Electronic ACS Service requested. Send address changes ed. The New Markets program takes private tax credits this year but has its own backlogbusiness models. plans, the newly acquired employees can early distribution. from the start, they can help ensure the the business might lose the interest of its Plan for all services. Changes in the ing round in 2017, Central Pennsylvania will sumers, who then Honey-Bell is a brie-style cheese made by up their orders at cheese like that, not as a luxury.” said he pays special attention to the milktions, he post a quiz or host a ‘meet this goal’ patients and reject this tax. - to: Subscription Services, PO Box 1051, Williamsport PA 17703-9940 equity from investors, usually banks, and of projects. Throughout the M&A either be offered the same benefits they The final option – merging the seller’s transition is smooth and employees have whole audience. relationship between Highmark Central Penn Business Journal cannot be responsible for the challenge. - receive a share of 2018 tax credits under a The two midstate nonprofits have part - pick up weekly or Stefanie Angstadt in her Oley creamery. participating loca- Miller sees the craft cheese industry produces for Angstadt. - State Rep. Greg Rothman (R) represents the 87th turns that money into gap financing to help process, executives are hyper-focused had previously, or a new formula for their and buyer’s plans – requires that both a clear understanding of the benefits with Internal communications centered around and UPMC in the greater return of unsolicited material with or without the inclusion of a new round of funding from a federal program PHOTO/SUBMITTED House District, which is in Cumberland County. developers offset some of the construction monthly boxes of the tions. Most are busi- growing in much the same way the craft beer “I always try to make the highest-quality health and wellness can make or break pro Pittsburgh and Erie areas will not stamped, self-addressed return envelope. Information in this publi nered on tax-credit projects in the past,on company synergies and big-picture employer benefits. Maintaining both plans plans be the same type and have a similar their new employer. - designed to support large urban redevelop farmers’ latest crops, nesses that focus on industry has developed and grown, with milk, but we try to concentrate on making a gram participation. Get together with HR, affect the relationship between cation is gathered from sources considered to be reliable, but the ac costs and keep rents in line with what a local including the redevelopment of the formergoals. As a result, one very important fac- can provide employees continuity of ben- plan design. This option can be efficient An organization’s retirement plan leadership and a few employees to brain curacy and completeness of the information cannot be guaranteed. ment projects: the New Markets Tax Credit. real estate market can support. sharing both the risk and the rewards of the local craft foods and products like farm those in the industry working cooperatively milk that is higher in protein and butter fat UPMC Pinnacle and Highmark. The U.S. Treasury Department last month Bulova building in Lancaster. Commonwealthtor often goes overlooked – the employer’s efits with no impact to the buyer’s retire- and cost-effective – one benefit structure, should be a consideration from the early storm the best ways to get the message out. No information expressed herein constitutes a solicitation for the The investors receive tax credits in return, farmers’ season and giving those farmers a stands or craft brewers, which support “buy instead of competitively to boost the entire to make her cheeses,” Stricker said. - Cornerstone poured $10 million in taxretirement cred plans. There are many details ment plan. However, operating multiple one plan to operate – and it also avoids the stages of an M&A. Though the evaluation • - to careWe for lookall of forward our patients to continuing in awarded $55 million in tax credits to the more reliable source of income. local” efforts. industry by sharing tips and efforts. Stricker said the extra money a cheese- Julie Lando is the owner and president of GRIT which count against their federal income its into the project, while Community First Pennsylvania Housing Finance Agency’s - to consider when acquiring a company. plans can be burdensome and expensive, negatives of plan termination. process can be lengthy, it’s better to an- “My job was to buy products from dozens Having a variety of pickup locations in “It’s the whole ‘a rising tide raises all maker like Angstadt is willing to pay repre- Marketing Group, a marketing and communica 2019 and beyond. To learn more taxes. added another $8 million. about full, in-network access to Commonwealth Cornerstone Group, based in Investors can receive credits totaling 39 Folmer said project announcementsUnderstanding could the seller’s retirement plan and nondiscrimination testing is needed if The risk associated with merging are the ticipate issues that could arise, instead of the region helps the Collective’s members ships’ kind of thing,” she said. “We all benefit sents a needed boost for small farms like his. tions firm with offices in York and Lancaster. - of local farmers,” Jones said. UPMC doctors and hospitals, call and how it will fit within the current ben- employees are receiving different benefit unknown factors of the seller’s plan. Has it realizing them in the midst of the merger • Harrisburg. percent of their investment. They can use the come this fall. She was looking to take her CSA skills spread their cheese sales farther than they from a stronger cheese industry.” “It’s a huge benefit to us when a local our toll-free help line at 1-833- - Commonwealth Cornerstone’s executive - credits over seven years as such: 5 percent efit structure is vital to success. packages. always operated in compliance with all the when it might be too late. and use them in a new way. She thought of could on their own. Jones said the trio is focused on being a business like that uses our product,” he said. 879-5013 or visit UPMC.com/ - director Charlotte Folmer said the funding per year for the first three years and 6 per If retirement plans are not considered If the buyer is going to terminate the complex rules associated with retirement • Angstadt and another cheesemaker she had Subscriptions can be picked up in two regional leader in the craft cheese industry. “It’s essential to find someone making a Choice2019. will help the nonprofit tackle a hefty pipeline- cent for the next four years. upfront, executives may learn that the ac- seller’s plan, this decision should be made plans? If not, the buyer’s plan would be at John Jeffrey is a consulting actuary, specializing < met in her old job: Sue Miller of Birchrun Berks County locations — Hidden River They aren’t planning any major expansion. higher-end product to compete.” of projects seeking funding. Folmer said it will be several weeks until quired company has an underfunded pen- and the process initiated before the com- risk. in retirement plan consulting and post-employ- - www.libn.com “We have over 40 projects requesting Philip W. Guarneschelli, The Central Penn Business Journal will cor Commonwealth Cornerstone receives its sion plan – which can be a deal breaker panies merge. If the acquired company’s Before deciding how to handle the sell ment health care benefits, for Conrad Siegel, rect or clarify mistakes made in the publica over $700 million,” she said, noting that the tion. If you have a question, please call the requests come from across the common

Folmer said she hopes the tax credits will