April 2021 Vol

The Journal of the Nassau County Bar Association April 2021 www.nassaubar.org Vol. 70, No. 8

NCBA COMMITTEE What it Means to MEETING CALENDAR Page 17 Be an NCBA Member SAVE THE DATE LAWYER ASSISTANCE PROGRAM (LAP) Special Offer for New Members: Join This Spring and Receive up to Monthly Virtual Wellness Groups See page 17 Three Months Free

LAW DAY When Members are asked what they Bridge-the-Gap weekend, FREE keep up to date on the newest changes in Advancing the Rule of Law Now feel are the most valuable benefi ts of Committee CLE, and FREE 12 credits practice areas, meet with professionals in Thursday, April 29, 2021 NCBA membership, their answers are of CD/DVD/CLE On-Demand the legal fi eld, or assist the Bar. See page 6 almost always the same. The consensus provided by the Nassau Academy of Law, Members can also showcase is the feeling of connection and the educational arm of the NCBA. CLE their expertise by contributing legal camaraderie they get from their time at On-Demand off ers an online library of articles to the offi cial publication of WHAT’S INSIDE the NCBA. According to Chair of the previously recorded CLE programs for the NCBA, Nassau Lawyer, which is Association Membership Committee, Members to watch at their own pace, at distributed monthly to all Members OCA Releases New Protocols for Virtual Michael DiFalco, “I have never been one their convenience, from the safety and and twice a year to all OCA-registered Bench Trials pg. 3 to join a club, but after just a year or two comfort of their own home or offi ce. attorneys in Nassau County. Members Mental Health Services for Incoming of practice, I began regularly attending Currently, all CLE programs are are encouraged to write articles to NCBA meetings, in particular the Young off ered via Zoom. If a Member is be published in Nassau Lawyer that Legal Professionals pg. 5 Lawyers Committee and Matrimonial unable to attend a live virtual CLE off er valuable insight into their area Taking Advantage of New Uniform Committee. I realized very quickly how program, they can fi nd it in the CLE of practice or speak at one of many Rules: Conferences, Settlements, and valuable it is to simply connect with On-Demand catalogue on the NCBA Academy and Committee seminars. and spend meaningful time with other Looking to elevate your career? Discovery pg. 6 website at www.nassaubar.org. Twelve attorneys to build a practice. Now, some credits of CLE On-Demand are FREE Members can access new job openings Taking Advantage of New of my good friends are people I met at to NCBA members in addition to the Uniform Rules: Papers and Pre-Trial Domus. I look forward to a time soon other free CLE opportunities previously See SPECIAL OFFER, Page 16 Proceedings pg. 7 where we can gather again under one mentioned. roof. The personal connection and The Nassau Academy of Law For NCBA Members Help Is One Email Away: Inside NCBA regular contact through committee will continue to off er a multitude of Notice of COVID-19 Community Task Force pg. 8 meetings is incredibly benefi cial programs, both via Zoom and live Nassau County Bar Association professionally and personally.” format for the coming membership year New Consumer Protections to help members easily fulfi ll their CLE Annual Meeting on Automatically Renewing Keep Ahead of the Curve with CLE On-Demand requirements. If you are not a Member May 11, 2021 • 6:00 p.m. Agreements pg. 9 contact Stephanie Pagano at (516) 747- Domus The Nassau Academy of Law off ers 4070, ext. 1230 or Donna Gerdik ext. BOOK REVIEW: Commercial 150+ engaging and relevant live 1206 in the NCBA Membership offi ce to 15th & West Streets Mineola Litigation in New York State Courts, programs each year, with guest speakers, take advantage of this opportunity. Join NY 11501 Fifth Edition pg. 10 ranging from fellow Members to notable now and receive up to three months free. experts in the legal fi eld thanks to CLE The Tale of Tanya or The Trial of Elevate Your Career Proxy statement will be sent by Director Jennifer Groh and Executive electronic means to the email Patty Hearst pg. 11 Assistant Patti Anderson. In addition to FREE CLE, more than NCBA membership includes FREE 50 substantive and working committees address provided by the Member CLE with dues payment, which means are available to join so that Members can and posted on the Association’s FREE unlimited live CLE, FREE cultivate close relationships and referrals, website. The Annual meeting will OF NOTE con rm the election of NCBA Of cers, Directors, Nominating NCBA Member Benefit—I.D. Card Photo “I just want to commend you all on keeping us stimulated Obtain your photo for Secure Pass Committee members, and Nassau intellectually during this covid nightmare.... you all stepped up to the Academy of Law Of cers. Court ID cards plate and got us organized and feeling still connected, and I want to Only For New Applicants Daniel W. Russo Cost $10 thank you all for that!” —Karen Nielsen Secretary

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ROBERT DELAVALE | (516) 741-7400 ext. 230 | [email protected] Nassau Lawyer April 2021 3 FOCUS: OCA Releases New Protocols for Virtual VIRTUAL BENCH TRIALS Bench Trials

body language through a screen. And the power of courts to compel virtual virtual trial in the same manner they of course, technological issues can and trials will surely be litigated in the would if appearing in the courthouse. do arise, disrupting the fl ow of the trial, ensuing months, the Protocols avoids the Recognizing that technical diffi culties as recently seen when one attorney was issue altogether by advising that “best may occur, the Protocols off ers the forced to declare “I am not a cat” during practices recommend having the parties practical recommendation for the a video appearance.2 stipulate to the Virtual Bench Trial” parties, counsel, and witnesses to Lawyers from the second camp are less where there will be no future challenge exchange back-up contact information critical and while not dismissing entirely to the propriety of proceeding virtually.5 with the court. the concerns of their counterparts, adopt The Protocols sets parameters for Matthew F. Didora The Protocols includes a sample a more practical approach and recognize Stipulation and Order for Virtual Bench witness testimony that are intended n February 2021, the State Court that virtual appearances, including trials, Trial Protocols and Procedures that can to replicate the formality and sanctity System published its Virtual Bench allow cases to proceed while courthouses be tailored by each court. of courtroom testimony. Witnesses remain largely inaccessible and are likely should be alone in the room from which Trial Protocols and Procedures guide to Conduct Yourself Accordingly Idemystify the proceedings and present a here to stay even after the coronavirus they are testifying and have no other roadmap for conducting a virtual bench pandemic is a thing of the past. Over Once the virtual bench trial is information available. There should be trial.1 This guide addresses many of the the past year, the pandemic has forced confi rmed, the Protocols reminds all no other computer monitors, screens, concerns expressed by those opposed the courts to transition quickly from participants that the virtual trial is TV screens, cell phones, or electronic to virtual trials while also building upon nearly all in-person operations to nearly “a formal proceeding” to which all devices with the witness. The Protocols the success the court system has had in all virtual. Many argue that these virtual evidentiary rules, the disciplinary rules, make an exception to the prohibition utilizing the Microsoft Teams platform appearances are far more effi cient for the and requirements of civility among against having others present if the for a wide variety of virtual appearances. court, parties, and counsel, eliminating counsel and litigants remain applicable. See PROTOCOLS, Page 20 Recognizing that virtual trials are the need to travel to and from the Being that the virtual trial remains a a new experience for many of the courthouse and wait for your case to formal proceeding, the Protocols directs Matthew F. Didora is be called on the calendar. These same the shareholder of Law stakeholders, the Protocols recommends the participants to wear “proper attire” Offi ce of Matthew F. that courts fi rst select for virtual bench individuals focus on the technological and abstain from eating, drinking, and Didora, P.C., located in trials cases involving a single plaintiff , a advances in videoconferencing that Garden City. He can be smoking during the proceeding. reached at single defendant, and a “modest number can replicate to a large extent the same Some lawyers have grown comfortable [email protected]. of witnesses,” before moving on to experience as being physically present in appearing virtually in casual clothes, more complex and lengthy trials. This the courtroom. leaving their formal attire hanging in is the same way many litigators learned Getting Everyone on Board the closet. The Protocols discourages traditional trial practice: by starting on this. Attorneys should dress, and should Once selected for a virtual trial, the relatively small cases before graduating direct their clients to dress, for the to bigger ones. attorneys and litigants “must stipulate in writing to waive a Jury Trial (where Current Perceptions of Virtual Trials authorized), and to proceed via Virtual Opinions among trial lawyers Bench Trial.”3 For criminal trials, concerning virtual trials fall largely into the Protocols includes robust waivers a two camps: some lawyers view them as defendant must sign and acknowledge incapable of aff ording litigants a fair in open court before the virtual bench trial and the death of the art of trial trial can proceed. While the jury waiver advocacy, while others consider them is a common requirement in traditional effi cient uses of modern technology. in-person bench trials, the consent to the Lawyers in the fi rst camp tend to focus virtual trial is a new addition to pre-trial APPELLATE critically on the physical disconnect procedures. between the court, the litigants, and In recent months, there has been some COUNSEL counsel when all involved are spread debate regarding a court’s power to across multiple locations and appear on compel parties to participate in a virtual screen only as talking heads. With the trial over one side’s objection. Justice remoteness, these lawyers believe the O. Peter Sherwood in Ambac Assurance sanctity of the courtroom is lost. The Corp. v. Countrywide Home Loans, Inc., held Christopher J. Chimeri is frequently sought by presiding judge does not have physical that Judiciary Law § 2-b(3) confers upon colleagues in the legal community to provide direct control over the layout or activities trial courts the power to decide “in the in the remote rooms from where the exercise of its sound discretion based on appellate representation for clients, as well as witnesses testify, opening the door for the circumstances” whether a trial will consulting services to fellow lawyers. the less-than-ethical to infl uence the be held virtually.4 witness’s testimony through handwritten However, in the February 2021 Results-driven solutions to family law challenges notes, documents, scripts on screen, or edition of Nassau Lawyer, Justice out-of-view coaching. The ability to Arthur Diamond noted in his “From The firm’s appellate team is highly equipped to assess credibility is impaired when the the Bench” column that there is no navigate, or help you navigate, the complexities and physically removed fact fi nder is forced authority in the CPLR “that allows a nuances of appellate practice, including all aspects of to read critical eye, lip, and other facial judge to order a refusing attorney to go matrimonial and family law in all departments in New cues as well as the witness’s tone and to trial using remote technology.” While York State and the Court of Appeals, as well as civil and commercial matters in the Federal Courts. “I have been a member of the Nassau County Bar Association since I graduated law school in 1978. It has always been a family of caring and supportive lawyers and professional staff. As a sitting 888 Veterans Memorial Hwy, Suite 530, Hauppauge, NY | 631.482.9700 judge for 26 years, I am still an active member. I am very happy to 320 Old Country Rd, Suite 206, Garden City, NY | 516.739.7500 give back.” —Hon. Denise Sher WWW.QCLAW.COM 4 April 2021 Nassau Lawyer Nassau Changing Times—Spring is Here Lawyer These are changing times! This year's vernal trials have commenced, and normalcy may The Official Publication of the Nassau County Bar Association equinox occurred on March 20, bringing with it commence around the end of the summer. The 15th & West Streets, Mineola, N.Y. 11501 a much needed: value of virtual appearances has proven to be Phone (516)747-4070 • Fax (516)747-4147 • Time of refl ection www.nassaubar.org an asset, such that a hybrid model of virtual and E-mail: [email protected] • Time of renewal, more light in our life in-person appearances are the way of the future. • Time to erase the divisions of race, creed NCBA Officers Erase Divisions of Race, President and religious intolerance Creed and Religious Intolerance Dorian R. Glover, Esq. • Time to celebrate new beginnings Last month our Diversity & Inclusion President-Elect Upon Reflection Committee presented “Eradicating Implicit Bias Gregory S. Lisi, Esq. We are mindful that this is also a time to FROM THE in the Courts.” The panelists included Hon. Vice President remember those who have passed. The Nassau Norman St. George, Administrative Judge, Rosalia Baiamonte, Esq. County Bar family extends condolences to PRESIDENT 10th Judicial District; Hon. Fern Fisher, Special Treasurer our Members and friends who have lost loved Assistant for Social Justice Initiatives to the Sanford Strenger, Esq. ones. Our loved ones will always be near, Dorian R. Glover Dean of the Maurice A. Dean School of Law Secretary missed and loved. at Hofstra University; Jeh Johnson, Former U.S. Daniel W. Russo, Esq. As the 118th President of the Nassau County Bar Secretary of Homeland Security and partner in the law Executive Director Association, the focus of this administration has been on fi rm of Paul, Weiss, Rifkind, Wharton & Garrison; Prof. Elizabeth Post membership, retention, and communication. I am pleased Audrey Roofeh, Esq., owner of Mariana Strategies, with to report that our Executive Committee, with the diligent a focus of facilitating training and workshops across the Editor-in-Chief eff orts of our Executive Director Elizabeth Post and staff , country to deliver solutions to prevent harassment and build Christopher J. DelliCarpini, Esq. have accomplished those goals. inclusion; and Professor Patrice A. Sulton, Esq., a criminal Copy Editor Notwithstanding the challenges all organizations have justice reform advocate who challenges inequities in the Allison C. Shields, Esq. faced with being separate and apart, we have grown our criminal justice system. Editor/Production Manager membership outside of traditional channels, keeping The focus of the discussion was on the way forward. Ann Burkowsky pace with the changing demographics of the bench and With 200+ attendees who were willing to listen and learn, a Photographer bar. Retention has been at the forefront of our goals by true sense of understanding racial and other bias provided Hector Herrera demonstrating the value of membership, which includes recommendations ensuring equal justice under the law. our unique inclusion of continuing legal education with Special thanks to Diversity & Inclusion Committee April 2021 membership dues. Through the Herculean eff orts of Chair, Hon. Maxine S. Broderick, and Vice-Chair Rudy Rudy Carmenaty, Esq. our Board of Directors, Committee Chairs, and Staff , Carmenaty, Ira Slavit, and Mickheila Jasmin-Beamon for Christopher J. DelliCarpini, Esq. our model—which provides continuous learning and their extraordinary eff orts with our program. Focus Editors engagement—has exceeded our expectations. We continue Rhoda Y. Andors, Esq. to maintain a strong roster of nearly 4,000 members. Time to Celebrate New Beginnings Cynthia A. Augello, Esq. Communication is the very essence of what we do. We put Our President-Elect Greg Lisi is hitting the ground Andrea DiGregorio, Esq. down the briefcase and picked up the laptop. Meeting running and is now preparing for his administration. His Nancy Gianakos, Esq. virtually and being on various online platforms has become transition focus can best be described as having his foot on Thomas McKevitt, Esq. a part of our tool kit. During this time, virtual court the gas pedal. He is energetic and enthusiastic to reopen Jeff Morgenstern, Esq. appearances, block buster settlement days, and alternative Domus to in-person activities and seeing that our Members Committee Members dispute resolutions with the bench and the bar have proven receive all the benefi ts of membership, which include Christopher J. DelliCarpini, Esq., Co-Chair to be a success. inviting a friend or colleague to Domus for lunch, and a Andrea M. DiGregorio, Esq., Co-Chair Renewal variety of benefi ts that include networking, mentorship, and Rudy Carmenaty, Esq., Vice-Chair professional development. Rhoda Y. Andors, Esq. As we near the light of the end of the tunnel with the For law students, membership is free! Students from St. Cynthia A. Augello, Esq. fast roll out of COVID-19 vaccines, we continue to thank John’s, Hofstra, and Touro derive incredible benefi ts from Deborah S. Barcham, Esq. the health care workers and all essential workers for their NCBA membership. We provide opportunities to fi nd Hon. Robert G. Bogle dedication and sacrifi ce. internships and clerking openings, potential mentorship Deanne Marie Caputo, Esq. As we move forward, our intention is to lay out the connections, and the benefi t of meeting judges and lawyers Ellin Cowie, Esq. Nancy E. Gianakos, Esq. pathway to in-person activities at Domus. We have in all areas of practice. Adrienne Flipse Hausch, Esq. communicated with our caterer and discussed dates For new lawyers, the fi rst year of membership is free Jordan K. Hoffman, Esq. for reopening. As more and more of the population is too, just as it was during law school. After that fi rst year of vaccinated and the curve of the epidemic continues to bend Janine Luckie, Esq. free membership, there are reduced dues for the second Michael J. Langer, Esq. and fl atten, our in-person activities will increase. through ninth year of practice. We off er free Bridge-the- Michael H. Masri, Esq. Our COVID-19 Task Force learned from the Hon. Gap Weekend, which is not just for new lawyers but also for Thomas McKevitt, Esq. Norman St. George, Administrative Judge, that the court’s experienced lawyers who want to learn something new or Daniel McLane, Esq. “in-person” activities shall also increase with a “measured catch up on credits. Jeff H. Morgenstern, Esq. approach towards expansion.” Notwithstanding the As we have Marian C. Rice, Esq. challenges going refl ected on and Daniel W. Russo, Esq. forward of the embraced this Allison C. Shields, Esq. Tammy Smiley, Esq. numerous judicial time of renewal, Ellen B. Tobin, Esq. retirements, we look forward foreclosure to our new Published by actions to Long Island Business News beginnings. We are (631)737-1700; Fax: (631)737-1890 commence, and making the NCBA Publisher Graphic Artist hiring freezes Joe Dowd Wendy Martin more resilient and imposed—jury Nassau Lawyer (USPS No. 007-505) is published month- stronger than ever! ly, 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, NY 11501 and at additional entries. Contents Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest copyright ©2021. Postmaster: Send address changes to the Nassau County Bar Association, 15th and West Streets, 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, Mineola, NY 11501. its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations, and quotations. Nassau Lawyer April 2021 5 FOCUS: Mental Health Services for Incoming Legal MENTAL HEALTH LAW Professionals

The US Centers for Disease Control is imperative that these teams service Counseling Centers and Telehealth reported that suicidal ideation has graduate students as well if they do not During this unprecedented time increased amongst young adults based already do so. of remote learning, it is still the role upon research and surveys completed In addition to working towards the of the counseling center to assist in in June 2020.2 As recently as December prevention of violence on campus, these 2020, Tommy Raskin, a second-year teams are also equipped to identify fulfi lling the mission of the college or student at Harvard Law School, and students in mental health distress, university to retain students and help the son of Maryland Congressman battling anxiety, depression, addiction, the students meet their academic goals. Jamie Raskin, died by suicide after or any myriad of concerns that are only Many institutions have off ered telehealth Carolyn Reinach Wolf and Jamie A. Rosen experiencing depression.3 These young heightened during this global pandemic. services during the pandemic. adults are at high risk for mental health The school or campus Threat ven before the COVID-19 See MENTAL HEALTH SERVICES, Page 19 pandemic, obtaining a graduate issues, now, more than ever, and they Assessment Team, which may also be degree, especially a law degree, need support. known as a Behavioral Intervention Carolyn Reinach Wolf is Team or Care Team, puts each piece an Executive Partner in Ewas extremely stressful and often Threat Assessment Teams the law fi rm of Abrams, of the puzzle together, collecting the isolating, requiring hours alone in the Fensterman, Fensterman, After the 2007 shooting at Virginia information from the diff erent silos– Eisman, Formato, Ferrara, library and competing with classmates. Tech, most institutions of higher faculty, administrators, the counseling Wolf, & Carone, LLP and Now the new challenges of remote Director of the fi rm’s education created multi-disciplinary center, family, and peers. learning, reduced opportunities for unique Mental Health Threat Assessment Teams with the For this system to work, faculty and Law practice. She serves networking to secure summer or full- goal of identifying at-risk students and staff must receive adequate training on on the Lawyer Assistance time employment, quarantining from Committee of the NCBA. intervening before a tragic incident the mental health issues aff ecting young She may be reached via friends and family, and the loss of outlets occurs. In fact, in 2008, Virginia and adults. Namely, how to identify red-fl ag email at [email protected]. to reduce stress, have created the perfect Illinois were the fi rst states to require or at-risk behaviors in students, and how storm for mental distress. that higher education institutions adopt to report such concerns in accordance Jamie A. Rosen is a Major mental illness often emerges 4 Partner at Abrams, policies creating threat assessment teams. with school policies and protocols. Fensterman, LLP where in young adulthood, the ages between Many of these teams, which now exist The teams can then intervene timely she practices Mental 18 and 25, overlapping with the typical country-wide, have continued to operate, and appropriately, collaborating with Health Law. She serves on the Board of Directors age of students who seek higher and meet virtually throughout 2020 and on-campus or off -campus resources and of the NCBA and was the level degrees. This population also into 2021, adjusting their intervention connecting the at-risk student to those founding Co-Chair of the NCBA Mental Health Law experiences high levels of depression, plans and identifying new telehealth services. The team can also monitor the Committee. She may be anxiety, substance use disorders, and options for students in need of mental student’s progress to ensure that he or reached via e-mail at suicidal thoughts.1 health services during the pandemic. It she is suitable to continue coursework. [email protected].

THANK YOU TO OUR LAW DAY 2021 SPONSORS 6 April 2021 Nassau Lawyer

FOCUS: Taking Advantage of New Uniform Rules: THE COURTS Conferences, Settlements, and Discovery

was created in 1993. The aim of the with these amendments, we must This Rule states there must be a good Commercial Division has always been to look for how to further the aim of faith eff ort to reach agreement on these devise procedures for effi ciently handling these amendments: “the cost-eff ective, items in advance of conference. the complicated and expensive discovery predictable and fair adjudication” of Uniform Rule 202.10 permits common in commercial litigation, civil cases.4 attorneys to request appearances to be particularly as the need for electronic Conferences done by electronic means and courts discovery has grown.2 The hallmarks are encouraged to grant these requests. of the Commercial Division rules Uniform Rule 202.1 is intended This Rule also states that adjournments to make conferences more productive. Deanne M. Caputo and were active case management, strict of appearances will now be granted Christopher J. DelliCarpini enforcement of discovery deadlines, and It requires appearing counsel to be on only upon a showing of good cause, encouragement of counsel to consult time, be familiar with the case and, also, which supports the trend now seen ff ective February 1, 2021, the and confer. to be fully prepared and authorized to with these rules which is a goal to Uniform Rules for Supreme and In July 2018, the Advisory Committee discuss and resolve any and all issues. County Courts were amended on Civil Practice issued its report Failure to comply with this Rule can be See CONFERENCES, Page 22 E treated as a default and/or failure to to adopt several practices from the on adopting Commercial Division Deanne M. Caputo is Commercial Division.1 The amendments rules more broadly.3 The Committee appear. Going forward, it is important a partner with Sullivan Papain Block McGrath cover all phases of pretrial litigation; recommended adopting certain rules, to make sure there is enough coverage Coffi nas & Cannavo this article will address the new rules on but felt that others addressed issues for all matters scheduled so as to ensure P.C. in Garden City, a timely check-in and that the appearing representing plaintiffs in conferences, settlements, and discovery, already provided for in the Uniform personal injury matters. while a companion article in this issue Rules or CPLR, and that some practices attorneys are well versed on the matter. She can be reached at will address the new rules on papers, necessary in commercial disputes were It is a good idea to discuss any issues [email protected]. motions, summary judgment motions in not worth the eff ort in every civil matter. with your adversaries prior to the particular, and pretrial procedure. In December 2020, after a period of conference so that the covering attorney After several weeks of applying these public comment, Chief Administrative is well prepared to make decisions. Christopher J. new rules, we can see the spirit behind Judge Lawrence A. Marks issued Uniform Rule 202.23 requires that DelliCarpini is an associate with the fi rm, the letter of the law. Enterprising counsel Administrative Order 270/20. The prior to preliminary or compliance as well as co-chair of will use these rules to more effi ciently order brought to Supreme and County conferences, parties shall consult about the NCBA Publications Committee. He can be and eff ectively bring cases to resolution. Courts the Commercial Division rules resolution, about any discovery issues, reached at that the Committee had recommended, the use of ADR to resolve all or some [email protected]. A Change Decades in the Making but also several that the Committee had issues and any voluntary or informal The seeds for these amendments were advised against adopting. Accordingly, exchange of information that parties planted when the Commercial Division when we consider how to comply agree would lead to early resolution. S U P P O R T T H E D I N N E R G A L A Co-Sponsored by Nassau County Women's Bar Association J O U R N A L Thursday, April 29, 2021 5:00 PM via Zoom Attendees: $25 per person Court Staff: Free of Charge Law Day Sponsorship: $250 Includes attendance for two, two copies of The Women's Suffrage Movement, recognition during the program, logo on all event marketing materials, and in the Nassau Lawyer. Keynote Speaker Dr. Sally Roesch Wagner Historian, Nationally Recognized Lecturer, Author of The Women’s Suffrage Movement Christopher T. McGrath Hector Herrera Liberty Bell Award 77th Distinguished Service Medallion Honoree President’s Award Recipient NCBA Past President, Past Co-Chair of WE CARE, League of Women Voters NCBA BuildingManager of Nassau County and Partner at Sullivan, Papain, Block, McGrath, Coffinas & Cannavo Peter T. Affatato Court Employee of the Year Award The journal is an invaluable way to show support for our Christopher Zanchelli, Senior Court Clerk honorees in a safe and contact-free way. Within this issue's Thomas Maligno Pro Bono insert, you will find a journal ad form listing ad options, pricing, and the full names of all honorees. Attorney of the Year Award Ronald M. Terenzi, Esq. To purchase a journal ad, forward the ad form to the NCBA Special Events Department at [email protected] or contact (516) 747-4071.We hope you will join us in paying tribute to For information and reservations, contact Stephanie Pagano at these deserving individuals. [email protected] or (516) 666-4850. Nassau Lawyer April 2021 7 FOCUS: Taking Advantage of New Uniform Rules: THE COURTS Papers and Pre-Trial Proceedings

certain methods that have proven to requires electronically submitted papers are e-fi led or sent as hard streamline practice in the Commercial memoranda of law, affi davits and copies, counsel must submit copies Division. As the amendments have affi rmations exceeding 4500 words of all documents and pleadings as been eff ective since February 1, 2021, to include bookmarks listing the required by CPLR and as necessary for it is critical for Supreme and County document’s content so that a reader an informed decision on the motion. If Court practitioners to familiarize may more easily navigate the same. any voluminous document is attached themselves and fully embrace this new Papers fi led with the court must be to an affi rmation or affi davit and only litigation landscape. on 8½ x 11-inch paper, margins no discrete portions are relevant to the Papers smaller than 1 inch and print must motion, counsel shall attach excerpts David Barry and Melissa Manna be no smaller than 12-point (10-point Uniform Rule 202.5-a reduces and submit the full exhibit separately. minimum for footnotes). Additionally, whenever papers rely ontinuing the companion article the importance of the law offi ce fax machine by prohibiting the fi ling Motions in this issue addressing the recent See PAPERS , Page 21 amendments to the Uniform of papers by fax without advance Motion practice has been signifi cantly C approval of the assigned justice. David J. Barry is a partner Rules for the Supreme and County impacted by the new Rules, with the at the Mineola law Courts, this article highlights the new Further, correspondence by fax should most signifi cant impact to summary fi rm of Collins Gann not be followed by a hard copy unless McCloskey & Barry PLLC, Rules applicable to papers, motions in judgment motions, as discussed in specifi cally requested. Papers and where he focuses on general, motions for summary judgment more detail below. The other item of plaintiff’s personal injury correspondence by fax must still comply and pretrial procedure. importance with regard to motion and criminal defense with Uniform Rule 202.5. litigation. David also As Chief Administrative Judge Marks practice is the word count limit and the While email and e-fi ling have serves on the NCBA noted,1 the COVID-19 pandemic certifi cation requirement of same. Board of Directors and replaced most of the major functions as the Vice-Chair of the has presented a unique opportunity sets several of the beloved fax machine, it still Uniform Rule 202.8-a Plaintiff’s Personal Injury for permanent court reform. The Committee. remains a useful tool for the modern- new rules to govern all motion papers. adoption of certain Commercial day law offi ce (e.g., ordering medical Subpart (a) requires that the movant Melissa Manna is a Division Rules to the other courts of specify in the notice of motion, order partner with Cullen records, correspondence with insurance Dykman in Garden City, civil jurisdiction represents the Offi ce companies, etc.). However, the days to show cause and in concluding in the fi rm’s General, of Court Administration’s response to of fi ling papers by fax are over. Prior section of a memorandum of law, the Tort and Insurance Litigation department. said opportunity, clearly demonstrating to sending any correspondence to the exact relief sought. While this has long She is also the Vice- a desire to both maintain the court via fax, counsel should check the been the practice of both plaintiff s’ Chair of the NCBA and defendants’ counsel, the rule Defendant’s Personal technological advances that have assigned justice’s part rules, as some Injury Committee. Ms. assisted the bar and bench alike during prohibit or have limitations on the same. makes it mandatory. Furthermore, Manna can be reached the pandemic, as well as utilizing Uniform Rule 202.5(a) now regardless of whether the motion at (516) 357-3753.

AttorneyAttorney Grievance Grievance & & DisciplinaryDisciplinary Defense Defense AnAn allegation allegation of ofprofessional professional misconduct misconduct can can tarnish tarnish your your reputationreputation and and place place your your law law license license in injeopardy. jeopardy. Let Let the the experiencedexperiencedteamteam of ofDavid David H. H. Besso Besso and and Michelle Michelle Aulivola Aulivola COVID-19 Updates helphelp you you achieve achieve a favorablea favorable result. result. Can Be Found:

ON OUR WEBSITE WWW.NASSAUBAR.ORG

ON OUR FACEBOOK PAGE David H. Besso, past Chairman Michelle Aulivola has @NASSAU COUNTY BAR ASSOCIATION David H. Besso, past Chairman Michelle Aulivola has of theof the Grieva Grievancence Committee Committeeforfor the the defendeddefendedattorneysattorneys th 1010Judicialth Judicial District District and and past past President President involvedinvolvedin attorneyin attorney of theof theSuffolkSuffolk County County Bar Bar Association, Association, disciplinarydisciplinary matters mattersandand At this difficult time, the Nassau County Bar hashas been been representing representing attorneys attorneys for for grievangrievance ceinvestigations investigations Association wants you to know we will do moremore than than twenty twenty years. years. forforthethe past pastfifteenfifteen years years. . what we can to help our members with their legal and business responsibilities. Long Tuminello, LLP Long Tuminello,120 Fourth Avenue LLP All NCBA, Court, and Nassau County updates 120 Fourth Avenue Bay Shore, New York 11706 regarding COVID-19 can be found on our Bay Shore, New York 11706 (631)(631)666666-2500-2500 website at www.nassaubar.org and our Facebook page. We are here if you need us. www.longtuminellolaw.comwww.longtuminellolaw.com

8 April 2021 Nassau Lawyer FOCUS: Help Is One Email Away: Inside NCBA COVID-19 COVID-19 Community Task Force

into action with free legal consultative their legal areas of practice, including turned upside down when remote assistance. In addition, the NCBA matrimonial, landlord-tenant, labor and learning was immediately put into developed a COVID-19 resource page, employment, real estate, medical-legal, place, when semesters were cut short, located at nassaubar.org, which is and many others. Several firms also when internships were interrupted, and updated frequently and is also a helpful offered immediate access to their own when summer opportunities rescinded tool for attorneys, residents, and small developing web-based legal resources, in following the outbreak of COVID-19. businesses who are looking for guidance which they rapidly summarized COVID NCBA Board Member Hon. Maxine S. and updates. legal developments, including Executive Broderick, who chairs the long Island Orders and financial support. Legal Diversity Fellowship Program, Martha Krisel and Ann Burkowsky COVID-19 Task Force Launch Following an on-air interview with agreed to also chair the law student then-News 12 Long Island reporter Stone onsistent with its proud history The Nassau County Bar Association initiative. Judge Broderick recruited Grissom and then-NCBA President of providing free consultative (NCBA) has a long-standing history of St. John’s University School of Law Richard D. Collins, an influx of requests legal assistance to Long Island’s assisting the local community in times of second-year law student Ciara Villalona- flooded the COVID-19 Task Force Cresidents and small businesses, and economic hardship and natural disasters. Lockhart (Summer and Fall 2020) inbox. During the interview, Collins in rapid response to what the world Based upon this history, the NCBA not and recent graduate of SUNY Old explained that “This is opportunity for Westbury’s Honors College, Ashley did not know at the time would be only understood the need but was at the us to help small business and residents Alvarado (Spring 2021) to coordinate the first global pandemic since the ready to provide legal assistance in the of Nassau County who can get in touch the logistics and administrative duties of 1918 Influenza outbreak, the NCBA wake of COVID-19. with the Bar Association if they have the Mentor/Mentee program. established its COVID-19 Community The NCBA organized its members legal questions related to the Coronavirus Since June 2020, two successful groups Task Force in April of 2020. The Novel and acted fast. On Wednesday, pandemic.” Collins also stated, “The of the first-ever NCBA COVID-19 Coronavirus, more commonly known April 1, 2020, then NCBA President consultation is free, and we’re looking Law Student Pro Bono Program have as COVID-19, was first reported in Richard D. Collins and NCBA Past to help as many people as we can, it’s completed their commitments, with December 2019 in Wuhan, China. President Martha Krisel announced the not for legal representation, but it’s to another cohort currently underway. By March 2020, the United States configuration of the NCBA COVID- give a first line of defense for people to The program provides law students unfortunately became an epicenter 19 Community Task Force; the Task understand what their rights are, what with the opportunity to gain hands-on, of the virus. Although it has changed Force was designed to connect Nassau their obligations are, and how to adjust substantive COVID legal experience the world in unimaginable ways, it has County residents and small businesses to this new, uncharted territory.” through the task force by pairing them also brought forth the commitment to to skilled attorneys who would provide That inbox, reachable through with an NCBA Member volunteer access to justice that exists within our consultative assistance and guidance [email protected], was to address the influx of COVID-19 related to the pandemic. Nearly 50 legal community. designed to generate an immediate legal inquiries from the community, NCBA Member volunteers donated In response to this national disaster, response by responding with some which includes individuals and small NCBA Members immediately sprang their time, services, and expertise in emergency contact information and businesses. Working completely remotely, affording an opportunity to inquire mentors and mentees communicate specifically about legal concerns. weekly via Zoom, email, and telephone Questions ranging from landlord- to respond to the inquiries. Mentee tasks tenant, matrimonial, labor and can include management of intake, LAW OFFICES OF RANDY C. BOTWINICK employment issues, wedding venue interviewing and counseling clients, Formerly of Pazer, Epstein, Jaffe & Fein contracts, travel restrictions and just engaging in fact development and about everything in between are analysis, legal research into the every- CONCENTRATING IN PERSONAL INJURY submitted and answered within two changing world of COVID guidance, • Car Accidents• Slip & Falls• Maritime business days. Countless news articles and interpretation of documents, always • Wrongful Death • Defective Products and stories were featured in the media, under the direct supervision of an including CBS New York, Newsday, and NCBA Member Volunteer. • Tire & Rollover Cases• Traumatic Brain Injury,�... � News 12 LI, among others. The first As of today, the COVID Mentor/ • Construction Accidents few months following the launch Mentee program has welcomed 28 Now associated with Halpern, Santos and Pinkert, we have obtained demonstrated the value that advice bright law students from Hofstra, St. well over $100,000,000 in awards for our clients during the last three from attorneys provides to the Long John’s, and Touro. The mentees are decades. This combination of attorneys will surely provide the quality Co-Counsel and Island community. permitted to use this experience to meet representation you seek for your Florida personal injury referrals. Participation Fees Paid As the program continued to grow, the 50-hour pro bono requirements for the New York State Bar Association bar admission. The third phase of the developed a proposal for a bi-county program began on February 15, 2021 pro bono collaboration effort, joining together the resources of the NCBA, See COVID HELP, Page 21 Suffolk County Bar Association, Ann Burkowsky is the Maurice A. Deane School of Law at NCBA Communications Manager. She Hofstra University, St. John’s University also assists the School of Law, Touro College Jacob administrators of the D. Fuchsberg Law Center, local legal COVID-19 Community Task Force. service providers including Nassau Suffolk Law Services, The Safe Center of Long Island, and many attorneys from Long Island law firms, both large and small. RANDY C. BOTWINICK JAY HALPERN Martha Krisel is the 34 Years Experience 39 Years Experience Local Law Students Executive Director of as Pro Bono Contributors the Nassau County Civil 150 Alhambra Circle 2385 NW Executive Center Drive Service Commission, -- In tandem with the successful launch NCBA Past President, Suite 1100, Coral Gables, FL 33134 Suite 100, Boca Raton, FL 33431 and COVID-19 Task P 305 895 5700 F 305 445 1169 P 561 995 5001 F 561 962 2710 of the task force and bi-county pro Force Chair. bono effort, the NCBA addressed Toll Free: 1-877-FLA-ATTY (352-2889) and included another very important group of individuals who needed its www.persona11niury1awyer.ws From Orlando to M1am1 ... From Tampa to the Keys help: law students whose lives were Nassau Lawyer April 2021 9 FOCUS: New Consumer Protections on BUSINESS LAW Automatically Renewing Agreements

a defi nite term for a subsequent term. information regarding how to cancel in a consumer has no obligation whatsoever “Continuous service” is defi ned as a plan manner that is capable of being retained to the business, including but not limited or arrangement in which a subscription by the consumer. The acknowledgment to bearing the cost of shipping, and or purchasing agreement continues until shall provide easy-to-use mechanism for may use or dispose of the item in any the consumer cancels the service. cancellation, such as a toll-free telephone manner he or she sees fi t. Additionally, Under GBL § 527-A, at the time an number or email address. if an off er includes a free gift or trial, off er is presented to the consumer and Any material change in the terms of the aforementioned post-purchase before the subscription or purchasing the subscription or agreement together acknowledgment must disclose how to agreement is fulfi lled, an automatic with information of how to cancel cancel and allow the consumer to cancel Ira S. Slavit renewal or a continuous service off er in a manner that is capable of being before the consumer pays for the goods must clearly and conspicuously disclose retained by the consumer must be usinesses commonly off er or services. the following: disclosed clearly and conspicuously. A subscriptions and purchase Article 29-BB vastly expands the 1. That the subscription or purchasing consumer who accepts an automatic agreements for products and subject matter of agreements that agreement will continue until the renewal or continuous service off er Bservices that include an introductory were covered under New York’s prior consumer cancels. online shall be allowed to terminate it free trial or reduced price tied to law restricting automatically renewing 2. The cancellation policy that applies exclusively online. automatic renewal or continuous agreements, General Obligations Law to the off er. Importantly, the statute makes it service at a higher price. Concerned §5-903. That older law applies only to 3. The recurring charges that will be unlawful to charge a consumer’s credit contracts for service, and maintenance that this results in consumers facing charged to the consumer’s credit or or debit card without fi rst obtaining the unexpected charges to which they did or repair to or for any real or personal debit card. consumer’s affi rmative consent to the property. Article 29-BB does not repeal not consent, a new Article 29-BB of the agreement containing the automatic 4. Any change in the amount of the GOB 5-903, and certain businesses must General Business Law has been enacted, charge or manner of pricing that renewal off er. It may therefore be now comply with both statutes. eff ective February 9, 2021. The new will occur after a trial ends. better practice for businesses to get two statutes impose signifi cant disclosure 5. The length of the automatic separate affi rmative consents from the See CONSUMER PROTECTIONS, Page 24 requirements for automatic renewal renewal term or that the service is consumer, one to the automatic renewal or a continuous service off ers, and continuous, unless the length of the off er and the other to the credit or debit Ira S. Slavit is a partner deems the failure to comply with those term is chosen by the consumer. card being charged. in Levine & Slavit, PC in Mineola, representing requirements to be an unlawful practice 6. The minimum purchase obligation, The new law also puts the free plaintiffs in personal punishable by civil penalties.1 if any. back in free trial by making clear that injury matters. He is General Business Law § 527 also the Chair of the Upon a consumer’s acceptance of anything sent free to a consumer under NCBA Plaintiff’s Personal defi nes “automatic renewal” as a the off er, the business must send an a continuous service agreement or auto- Injury Committee. Mr. plan or arrangement in which a paid acknowledgment that includes the renewal purchase without fi rst obtaining Slavit can be reached at (516) 294-8282. subscription or purchasing agreement automatic renewal or continuous service the consumer’s affi rmative consent is an is automatically renewed at the end of off er terms, cancellation policy, and unconditional gift to the consumer. The

CONNECT WITH Tax Defense & Litigation THE NCBA ON SOCIAL MEDIA

For the latest updates on COVID-19 the NCBA, and court information,

connect with us on social media. Harold C. Seligman has been a member of the United States Tax Court since 1987. He has represented individual and corporate clients in hundreds of tax cases, both large and small, over the past 30 years against the IRS and New York Nassau County Bar Association State Department of Taxation and Finance. Long Tuminello, LLP 120 Fourth Avenue Bay Shore, New York 11706 (631) 666-2500 @nassaucountybar_association www.longtuminellolaw.com 10 April 2021 Nassau Lawyer BOOK REVIEW Commercial Litigation in New York State

Publisher: Thomson Courts, Fifth Edition Reuters, Fifth Edition (2020) fact that while certain practice areas developments in recent years such as the homicidal.” And, if things take an Hardbound: 15186 pages focus on specifi c laws—e.g., matrimonial chapter on Artifi cial Intelligence, some unfavorable turn at trial, comfort can be Service #: 11829009 attorneys have the Domestic Relations represent recent developments in the found in the chapters on appeals to the Sub #: 11829008 Law, criminal attorneys have the Penal practice of commercial litigation, such Appellate Division and to the Court of Price: One time purchase Law and Criminal Procedure Law, as the chapter on Third-Party Litigation Appeals. (Full set)-$1,628.00; tax lawyers have the tax code, and Funding, and some represent eff orts The remaining volumes focus on Monthly pricing $56.00/month bankruptcy lawyers have the bankruptcy to provide helpful career advice, such substantive topics such as: Contracts; code—commercial litigation is not as the chapter on Career and Practice Insurance; Bills and Notes; Sale of John P. McEntee focused on any particular law or code Development, the chapter on Diversity Goods; Partnership Transactions; but rather on a type of client, businesses, and Inclusion, and the chapter on Limited Liability Companies; Joint he establishment of the Supreme and business owners. The types of Marketing to Potential Business Clients. Ventures; Secured Transactions; Fraud; Court Commercial Division In addition to the new chapters, Fraudulent Transfer; Bank Litigation; in 1995 was an important businesses vary widely, of course, T including manufacturers, hospitals, the existing chapters are updated to Shareholder Derivative Actions; development in New York’s history as banks, retailers, lessors and lessees, and continue to provide a wealth of insight Mergers and Acquisitions; Theft or a center of national and international franchisors and franchisees, as do the and practical advice from seasoned Loss of Business Opportunities; Letters commerce. That year, one of the driving sources of law that pertain to disputes practitioners and judges on both of Credit; Employment Restrictive forces in the establishment of the among these businesses, including the procedural and substantive topics. The Covenants; Antitrust Litigation; Commercial Division, noted commercial common law, the Uniform Commercial fi rst few volumes focus on procedural Fiduciary Duty Litigation; Commercial litigator Robert L. Haig, introduced Code, the General Obligations Law, the topics such as: Jurisdiction; Venue; Defamation; Intellectual Property; the fi rst edition of Commercial Litigation Real Property Law, the Limited Liability Removal to Federal Court; Complaints; Licensing; Director and Offi cer Liability; in New York State Courts. The three- Company Law, the Partnership Law, Responses to Complaints; Enforcement and Misappropriation of Trade Secrets. volume treatise, written by prominent and the Business Corporation Law. of Forum Selection Clauses; Provisional Among the 256 principal authors of commercial litigators and judges Twenty-fi ve years later, the Fifth Remedies; Issue and Claim Preclusion; the treatise are 29 current and former and edited by Haig, soon became an Edition has just been published. The Document Discovery; Sealing of Court judges, including judges currently indispensable resource for commercial treatise grew from three volumes in the Records; and Summary Judgment. practicing in the Commercial Division. Given the importance of discovery litigators, dispensing practical advice and First Edition to ten volumes in the Fifth Suff olk County Commercial Division of electronically stored information insight on a broad variety of procedural Edition while adding twenty-eight new Justice Elizabeth Hazlitt Emerson, for (ESI) in commercial litigation, there is, and substantive topics. chapters from the Fourth Edition. Some example, is the author of the chapter in the chapter on Document Discovery, The value of the treatise lies in the of the new chapters refl ect technological on Secured Transactions, while Nassau a robust discussion of how to preserve, County Commercial Division Justice collect, and produce ESI, with an Timothy S. Driscoll is the author of explanation of production formats, the chapter on Motion Practice. In this FREE CONFIDENTIAL* the use of technology-assisted review chapter, Justice Driscoll addresses the HELP IS AVAILABLE (keyword searches and predictive CPLR and Commercial Division rules coding), inadvertent production relating to motions, together with the and clawback agreements, “quick The NCBA Lawyer Assistance Program offers professional rules regarding decisions and orders peek” agreements, cost shifting, and resulting from motions. While one can and peer support to lawyers, judges, law students, and their outsourcing of document reviews, review these primary sources to obtain immediate family members who are struggling with: going beyond an explanation of the required information, their synthesis technology and the relevant rules and into one well-organized chapter will save Alcohol Drugs Gambling Mental Health Problems law to provide a sample litigation hold you valuable time. Equally important, notice, preservation letter, and motion though, is the insight you will receive to compel production, together with from an experienced Commercial YOU ARE NOT ALONE checklists valuable to both the novice Division Justice on topics such as motion and experienced practitioner. strategy and oral argument, together Once discovery is concluded and you with several checklists of required steps are headed to trial, you can draw upon and information. chapters such as Jury Selection; Motions For the past twenty years my fi rst in Limine; Opening Statements; step for virtually any research question Presentation of the Case in Chief; involving litigation in the Commercial Cross Examination; Expert Witnesses; Division has been the Haig treatise, as Graphics and Other Demonstrative there is no comparable compendium Evidence; Admissibility Issues; and of information available anywhere. Closing Statements. In the chapter on Commercial Litigation in New York State Admissibility Issues, you will receive (888) 408-6222 Courts, as updated and expanded in its helpful advice about a critical but Fifth Edition, will continue to be an [email protected] sometimes overlooked requirement, indispensable resource for anyone who laying the proper foundation for litigates commercial cases in New York. evidence. The chapter on Jury Conduct, John P. McEntee is a The NCBA Lawyer Assistance Program is directed by Beth Eckhardt, PhD, and the Lawyer Instructions and Verdicts off ers a member of Farrell Fritz, Assistance Committee is chaired by Jacqueline A. Cara, Esq. This program is supported by grants variety of special verdict forms and jury P.C, is a Past President of from the WE CARE Fund, a part of the Nassau Bar Foundation, the charitable arm of the Nassau the Association and Past County Bar Association, and NYS Office of Court Administration. interrogatories, while the chapter on Chair of the Commercial *Strict confidentiality protected by § 499 of the Judiciary Law. Cross Examination provides insights Litigation Committee.

Nassau County Bar Association on strategy and techniques, including ncba_lawyersassistance Lawyer Assistance Program avoiding unnecessary cross examination, mindful of the adage that “more cross NASSAUBAR-LAP.ORG examinations are suicidal rather than Nassau Lawyer April 2021 11 MOVIE REVIEW: The Tale of Tanya or The Trial of TRUE CRIME Patty Hearst

news. Conversely, the only thing that At the onset of her kidnapping, Patty liberated from American society. distinguished the SLA from other leftist was kept bound in a closet. An audio- But this Bonnie-&-Clyde-style radicals was that they had snatched recording was sent to radio station romanticism soon took on a darker Patty Hearst. KDFA consisting of DeFreeze’s rantings tone. On April 15, 1974 Patty, DeFreeze Numbering at most sixteen people, and reassurances from Patty that she and others stole over $10,000 from the the SLA was a motley band of urban was all-right.10 Within the span of Hibernia Bank in San Francisco.13 The guerrillas sprouting mutilated Marxism two months, she became a full-fl edged incident was captured on surveillance coupled with a nihilistic propensity member of the SLA. cameras confi rming that Tanya, with for violence. Their manifesto was Rudy Carmenaty On an April 3, 1974 tape, Patty an automatic weapon in hand, was no outlandish, calling for “closing prisons, renounced her privileged life, disparaged longer Patty the kidnap victim. have been given the choice of being ending monogamy, and eliminating all her parents’ values, and expressed her It would not be the last time that other institutions that have made and desire to join the revolution.11 Most the SLA would be caught on camera released…or joining the forces of the 2 Symbionese Liberation Army and ﬁ ghting sustained capitalism.” startling of all, Patty assumed a new carrying guns. On May 17, 1974, the forI my freedom and the freedom of all oppressed Back then the Bay Area proved fertile persona. She took on the mantle of SLA was cornered by the LAPD in Los people. I have chosen to stay and ﬁ ght. ground for all manner of would-be “Tanya.” Tanya was a communist Angeles.14 What ensued was a live- — Patty Hearst revolutionaries. San Francisco off ered a partisan who was killed alongside Che televised gun battle rivaling anything haven for the hippies in Haight Ashbury. Guevara in Bolivia in 1967.12 These days Patricia Hearst is a well- captured on fi lm during the Vietnam Oakland was the birthplace of the Black Becoming captivated psychologically heeled matron in her mid-sixties, war, with over 12,000 rounds of Panthers. The Berkley campus was as well as physically, Patty/Tanya 15 leading an unadventurous life. But ammunition being fi red. convulsed by the Free Speech movement became the ultimate symbol of youthful it wasn’t always so. At age nineteen, and anti-war protests. rebellion. The photo of Hearst toting a See HEARST, Page 23 she underwent an odyssey of epic Three months prior to Patty’s proportions that saw her go from Berkley machine gun while wearing fatigues and Rudy Carmenaty serves kidnapping, the SLA murdered Marcus a beret before the symbol of the SLA as a Bureau Chief in the co-ed, to kidnapped heiress, to wanted Offi ce of the Nassau Foster, the fi rst African-American school would become one of the iconic images fugitive, to convicted criminal. 3 County Attorney, is superintendent of Oakland. Patty was of the Seventies. the Director of Legal The abduction of Patty Hearst by Services for the Nassau initially shanghaied in the hope that Did Patty willingly become a part of the Symbionese Liberation Army (the she could be exchanged for two SLA County Department this cult? She unquestionably became a of Social Services, and SLA) resulted in a national obsession members charged with Foster’s murder.4 cult fi gure, as she was a rich kid living- the Language Access that can well serve as an all-American Foster was killed on the orders of Coordinator for the out the revolutionary ideal. In the Nassau County Executive. Rorschach test. Her journey touches Donald DeFreeze. minds of many sympathetic observers He is also Vice-Chair of upon class, sex, race, media, politics, Calling himself “General Field the NCBA Publications and without a touch of irony, Patty, terrorism, and violence. Marshall Cinque,” DeFreeze was an Committee and Diversity by becoming Tanya, had fi nally been and Inclusion Committee. Hearst ultimately went to prison. Her escaped convict who was the radical ordeal was the stuff of high-drama, group’s self-delusional, paranoid raising more questions than it answered. leader.5 He was also its sole African- Not only was Patty on trial, but in a American member. Adopting the broader sense, so was the post-war symbol of a seven headed cobra, the baby-boom generation that, for a brief SLA proclaimed as its maxim: DEATH moment, she came to represent. TO THE FASCIST INSECT THAT PREYS UPON THE LIFE OF THE LOWER COST Child of Privilege 6 Meets the Urban Guerrillas PEOPLE. Patty was the granddaughter of A Chaotic Kidnapping—Or Was It? MEDIATION AND William Randolph Hearst, the legendary Their incoherence is best newspaper baron who served as the symbolized by their demands to ARBITRATION inspiration for Charles Foster Kane in Patty’s parents. For the SLA did not Orson Welles’ Citizen Kane. Millions of ask for a traditional ransom. Instead, Americans read Hearst newspapers and they ordered the Hearsts to off er the Hearst name was synonymous with $70 worth of free food to every poor Through the Nassau County Bar Association privilege and power. person in California.7 The Hearst Until her ordeal began, Patty was family launched People In Need, a an impressionable sophomore at the food give-away program, to assuage Expeditious, time-saving, and cost-effective solutions University of California. Other than the SLA.8 to resolve disputes that might otherwise be litigated being a Hearst, there was nothing In spite of the $2 million spent, it in court unusual about her. But that would all proved to be a recipe for disaster, with change on February 4, 1974.1 On that vast amounts of food-stuff s spoiling night, she was taken at gunpoint by and riots over its distribution breaking- Available to the public as well as to all legal the SLA. out.9 But as chaotic as this twisted professionals That an obscure Marxist clique had episode was, it paled when compared seized a member of the most prominent to Patty’s announcement that she was Reasonable fees that are less expensive than other media family in the country was major joining the SLA. alternative dispute resolution providers

“Every attorney practicing in Nassau County should join NCBA. In Mediators and arbitrators are highly skilled attorneys addition to unlimited CLE with annual membership, the Association admitted to the New York Bar for a minimum of 10 is a tremendous resource for COVID updates at the state, local, years, as well as screened and approved by the NCBA and court system levels. If you are not a member or are considering Judiciary Committee. renewing your membership, now is the best time to do so.” For rules, applications, and additional information, —Adam D’Antonio please call (516) 747-4126. 12 April 2021 Nassau Lawyer NAL PROGRAM CALENDAR

Pre-registration is REQUIRED for all Academy programs. Go to nassaubar.org and click on CALENDAR OF EVENTS to register. CLE material, forms, and zoom link will be sent to pre-registered attendees 24 hours before program. All programs will be offered via ZOOM unless otherwise noted. April 7, 2021 April 21, 2021 May 5, 2021 Dean's Hour: Remote Execution of Estate Planning Documents: Dean’s Hour: Vessel Owners’ Issues and Exposures in the Dean’s Hour: Nixon Before the Bench: The Supreme Court and Pitfalls and Best Practices Health Care Crisis Sponsored by NCBA Corporate Partner Champion Office Suites Richard Nixon and Encore Luxury Living Sponsored by NCBA Corporate Partner Champion Office Suites Sponsored by NCBA Corporate Partner Champion Office Suites 12:30-1:30PM 12:30-1:30PM 12:30-1:30PM 1 credit in professional practice 1 credit in professional practice 1 credit in professional practice Skills credits are available for newly admitted attorneys Skills credits are available for newly admitted attorneys

APRIL 7, 2021 April 22, 2021 RECENTLY ADDED CLE ON DEMAND The Intersection of Discovery (CPL Article 245) and Speedy Trial Dean’s Hour: “May it Please the Court, Remotely” - Best Practices (CPL 30.30) in the Time of COVID-19 for Virtual Oral Arguments With the NCBA Criminal Court Law and Procedure Committee, the Sponsored by NCBA Corporate Partner Champion Office Suites FEB. Recent Rules in Real Estate : An Update Nassau County Criminal Courts Bar Association, and the Assigned 12:30-1:30PM 4 on Real Estate Law Trends Since the Counsel Defenders Plan, Inc. of Nassau County 1 credit in professional practice Pandemic 5:30-7:00PM—1.5 credits in professional practice—Guest Skills credits are available for newly admitted attorneys Speaker: Hon. Andrew M. Engel, Nassau County District Court Dean's Hour: Brave New World: Current *Registration fee waived for members of above organizations. April 23, 2021 FEB. Legal Issues Involving Artificial Pre-register through the Nassau Academy of Law. Dean’s Hour: A Survey of Environmental Issues Relating to Intelligence Construction Projects 24 April 14, 2021 Sponsored by NCBA Corporate Partner Champion Office Suites Dean’s Hour: The Tale of Tanya or The Trial of Patty Hearst 1:00-2:00PM 12 free credits of On-Demand are included with your membership in Sponsored by NCBA Corporate Partner Champion Office Suites addition to unlimited live/Zoom CLE offered by the Academy and NCBA 1 credit in professional practice 12:30-1:30PM Committees for the current membership year. Skills credits are available for newly admitted attorneys 1 credit in professional practice

April 27, 2021 FEATURED PROGRAM Dean’s Hour: One Year In: Developments in COVID-19 Force Presumptive ADR—Where Are We Now? Majeure Litigation Part 36 APRIL 21, 2021 Sponsored by NCBA Corporate Partner Champion Office Suites 12:30-1:30PM Certified Training With the NCBA Alternative 1 credit in professional practice Guardian Ad Litem * Combined Article 81/Court Dispute Resolution Committee Skills credits are available for newly admitted attorneys 5:30-8:30PM Evaluator/Attorney for the AIP * Receiver 3 credits in professional practice April 28, 2021 We will hear from leaders from Nassau, Suffolk and New York Separate pricing for NCBA Members and Non- Protecting Your Practice Counties, including the Administrative Judges—Justice St. Members George, Justice Crecca, and Justice Kaplan—and the ADR 5:30-7:30PM Coordinators of all three counties, as well as key 1 credit in professional practice; 1 credit in ethics Order form available within this issue and at representatives of the NYS Office of Court Administration. https://www.nassaubar.org/wp- These leaders will share what has worked in implementing April 30, 2021 Judge DiFiore's Presumptive Mediation initiative, as well as content/uploads/2021/02/Part-36-Order-Form.pdf where they see us going in the months and years ahead, both Dean’s Hour: Escrow Issues and Account Management as we continue to make our way through the pandemic and Sponsored by NCBA Corporate Partners Champion Office Suites All material will be emailed, including link to training as our courts emerge into the "new normal." and Tradition Title Agency 12:30-2:10PM Pricing: NCBA Members FREE; Non-Members attorneys Take at your own pace 1 credit in professional practice; 1 credit in ethics $105; Non-attorneys $50. Must pre-register. 14 April 2021 Nassau Lawyer We Care We Acknowledge, with Thanks, Contributions to the WE CARE Fund DONOR IN HONOR OF My involvement with WE CARE has been one of the most gratifying Martha Krisel The NCBA Pro Bono Honorees experiences of my legal career. I got as much, if not more, satisfaction Christopher T. McGrath and Hector Herrara Lois Schwaeber being honored at the NCBA Gala serving as WE CARE Co-Chair as I did as President of NCBA. Joanne and Hon. Frank The 50, 60, and 70 year Honorees in recognition Raising and distributing money to and for local charities focusing Gulotta, Jr. of their service to the legal profession on the children in our communities warms the heart in ways that no Hon. Andrea Phoenix being installed as President Hon. Marie G. Santagata of the Theodore Roosevelt Inns of Court other experience can. And knowing that 100% of the money raised The birth of Sandy and Nanette Strenger’s first Hon. Marilyn K. Genoa actually goes to those in need makes WE CARE unlike any other grandchild, Evan Alex charity." —Marc C. Gann Hon. Ira B. Warshawsky The WE CARE Fund Hon. Andrea Phoenix being installed as President Hon. Joy M. Watson DONOR IN MEMORY OF of the Theodore Roosevelt Inns of Court Hon. James and Marie Merrill B. Gugerty, brother of IN MEMORY OF ANDREW S. PANARO, FATHER OF PETER PANARO McCormack Hon. David J. Gugerty and brother-in-law of Jennifer S. Rosenkrantz Hon. Marie G. Santagata Hon. Joy M. Watson Hon. Helene F. Gugerty IN HONOR OF HECTOR HERRERA RECEIVING THE SPECIAL Donna-Marie Hon. Elaine Jackson Stack, mother of Dede S. RECOGNITION AWARD FROM THE NASSAU COUNTY COURTS Korth-Williams Unger Hon. Denise L. Sher Joanne and Hon. Frank Gulotta, Jr. Christopher T. McGrath Carmela Romanelli Hon. Marilyn K. Genoa Adrienne Hausch Christopher T. McGrath Pete Sobol Alan Hodish Hon. Joy M. Watson Jennifer S. Rosenkrantz Andrew S. Panaro, father of Peter Panaro Hon. Susan Katz Richman, Dave Lieberman, Paige, and Asa Hon. Marie G. Santagata Andrew S. Panaro, father of Peter Panaro IN MEMORY OF THOMAS R. HESSION Hon. Stephen and Mrs. Joanne and Hon. Frank Adrienne Hausch L. Susan Slavin Barbara L. Paltrow Elizabeth Bucaria Gulotta, Jr. Adrienne Hausch Arnold Olsen, father of Michele Olsen HOW YOU CAN HELP THE WE CARE FUND? Jeffrey and Hon. Susan Barbara L. Paltrow MAKE A DONATION T. Kluewer Show your support for the WE CARE Fund by making adonation today by visiting nassaubar.org/donate-now. Elizabeth P. Donlon Barbara L. Paltrow AMAZON SMILE Eleanor E. Oliva, mother of Linda Oliva, Past Do your regular online shopping using smile.amazon.com and Hon. Joy M. Watson President of NCWBA HOW YOU CAchooseN Nassau BarFoundation, Inc. as your charity of choice.HOW YOU CAN Amazon willdonate 0.5% of eligible purchases to WE CARE! HELP THE HELP THE IN HONOR OF CHRISTOPHER T. MCGRATH WE CARE FUND WE CARE FUND RECEIVING THE DISTINGUISHED SERVICE MEDALION MAKE A DONATION MAKE A DONATIONJoanne and Hon. Frank Hon. Denise L. Sher Hon. Joy M.Watson Show your support“My for the WEfavorite CARE Fund by WE making a CARE event, and the one I believeShow yourepitomizes support for the WE CARE Fund by making a donation today by visiting nassaubar.org/donate-now. donation today by visiting nassaubar.org/donate-nowGulotta,. Jr. what WE CARE is truly about, is the Annual Children’s Festival. AMAZON SMILE AMAZON SMILE IN MEMORY OF MARINO FRANCIONI, FATHER OF JEFFREY CATTERSON Do your regularFor onlinethe shopping past using 32 years, every February during Presidents’Do yourWeek, regular online shopping using smile.amazon.com and choose Nassau Bar smile.amazon.com and choose NassauKerry Bar Ceriello Emily Veronese Foundation, Inc.the as your Nassau charity of choice. County Amazon will Bar Association is transformed Foundation,as WE Inc. CAREas your charity of choice. Amazon will donate 0.5% of eligible purchases to WE CARE! donate 0.5% of eligible purchases to WE CARE! welcomes over two hundred of our County’s underserved children for Elena Karabatos, Joseph A. DeMarco, Vincent F. Stempel and John Biondo Jennifer Rosenkrantz, and Lisa R. a spectacular afternoon of food, entertainment and games, including Schoenfeld face painting, a live DJ and magician, game trucks, the Book IN MEMORY OF HARRY RICHMAN, Fairies, and special appearances by Mr. Met, and Quacker Jack. FATHER OF HON. SUSAN KATZ RICHMAN The Nassau County Police Department and the Garden City Fire Dorian R. Glover Don Giorgio Department join in the fun bringing horses, vintage cars, motorcycles, Gale D. Berg Hon. Carnell T. Foskey and firetrucks, allowing the children to get to know the first responders Dr. Anthony and Dr. Laura Orste Hon. Joy M. Watson in their communities as they climb on the trucks and cars and pet the and Family horses. Members of the Bench and Bar are our face painters, chefs IN MEMORY OF HON. LEONARD S. CLARK and servers, DJ, Magician, etc., and every child leaves with bags A. Thomas Levin Robin Sparks Joanne and Hon. Frank filled with treats, toys, books, and every day necessities such as hats, Stephen and Patricia Adrienne Hausch Gulotta, Jr. gloves, sweatshirts and much more.” —Marilyn K. Genoa Latzman Harvey B. Levinson John F. Castellano Hon. Denise L. Sher Hon. Carnell T. Foskey Nassau Lawyer April 2021 15 In Brief

Karen Tenenbaum, Planning Webinar Series in LL.M. (Tax), CPA, tax collaboration with Parker attorney, has been selected for Jewish Institute for Health the Long Island Business News Care and Rehabilitation and NCBA Power 25 in Law list. Karen Willing Hearts, Helpful Hands and Marisa Friedrich have Alzheimer’s Caregiver Support Sustaining Members recently spoken for the NYS Initiative. The next webinar is Society of Enrolled Agents scheduled for May 6. 2 0 2 0 - 2 0 2 1 about residency tax issues Eff ective April 1, 2021, during the COVID pandemic. Marian C. Rice, NCBA Karen was interviewed by Marian C. Rice Past President and partner The NCBA is grateful for these individuals who Greg Demetriou for his “Ask at L’Abbate Balkan Colavita strongly value the NCBA's mission and its a CEO” show where she discussed her & Contini, LLP, announces the fi rm’s professional journey. Her Melville-based move to 3 Huntington Quadrangle, Suite contributions to the legal profession. fi rm, Tenenbaum Law, P.C., represents 102S, Melville, New York 11747. The taxpayers in IRS and NYS tax matters. fi rm’s emails, telephone, and fax numbers Erica Lucille Alter Hon. Richard S. Kestenbaum Jacqueline Harounian, Partner of remain the same. Margaret Alter Hon. Susan T. Kluewer Wisselman Harounian & Associates in Craig Olivo, managing partner of Mark E. Alter Martha Krisel Great Neck will be presenting “Religious Bond, Schoeneck & King’s Garden Vanessa P. Anagnostou Donald F. Leistman and Cultural Considerations in Divorce” City offi ce has announced that eff ective Michael J. Antongiovanni David I. Levine for the AFCC National Conference in April 1, 2021, the attorneys of Putney, Rosalia Baiamonte Marilyn M. Levine Peter H. Levy June 2021. Twombly, Hall & Hirson, a venerable Ernest T. Bartol Howard Benjamin David M. Lira Managing Partner Joseph Milizio 155 year of boutique law fi rm, will join Jack A. Bennardo Gregory S. Lisi Bond. Fifteen attorneys from Putney will of Vishnick McGovern Milizio (VMM) Hon. Maxine S. Broderick Hon. Roy S. Mahon warmly welcomes Thomas Weiss join Bond. Neil R. Cahn Mili Makhijani as a counsel in the fi rm’s Litigation Joseph A. Quatela, managing Jeffrey L. Catterson Peter J. Mancuso Department. Mr. Weiss focuses on partner of Quatela Chimeri PLLC with Alan W. Clark Michael A. Markowitz commercial and real estate litigation. offi ces in Hauppauge and Garden City, Hon. Leonard S. Clark Tomasina Cuda Mastroianni Managing Partner Joseph Milizio is also is proud to announce Nicole J. Brodsky Hon. Lance D. Clarke John P. McEntee proud to announce the establishment and Alexander E. Sendrowitz have been Richard D. Collins Christopher T. McGrath Anthony J. Montiglio of a pro bono joint VMM-Northwell named partners to the fi rm. Michael J. Comerford Michael Mosscrop Health Trans Clinic. The fi rst of its kind, In April, Ronald Fatoullah Hon. Eileen Catherine Daly Joseph G. Dell Teresa Ombres the clinic is designed to inform and assist of Ronald Fatoullah & Associates Hon. Joseph A. DeMaro Hon. Michael L. Orenstein transitioning and nonbinary persons and collaborated with education law attorney Michael DiFalco Lisa M. Petrocelli their families with both medical and legal Rebecca Sassouni, counsel for students Laura M. Dilimetin Christian Aaron Pickney matters. It is expected to begin operating of all ages, and presented “What All John P. DiMascio Jr. Milan Rada July 8, conditions allowing. In addition, Parents Need to Know for Children Janet Nina Esagoff Michael E. Ratner VMM and Northwell Health are with Special Needs—Legal Protection Howard S. Fensterman Marc W. Roberts cohosting an ongoing LGBTQ Health from School Through Adulthood.” Jordan Fensterman Jamie A. Rosen & Life Planning Webinar Series, led by In addition, together with Adam D. Samuel J. Ferrara Leonard M. Rosenberg Daniel W. Russo managing partner Joseph Milizio, head Solomon, Mr. Fatoullah presented Ellen L. Flowers William Savino of the fi rm’s LGBTQ Representation “The Legal & Financial Challenges of Thomas J. Foley Lawrence R. Gaissert Jerome A. Scharoff and Surrogacy, Adoption, and Assisted Aging: Important Care Issues and Estate Marc C. Gann Stephen W. Schlissel Reproduction practices and member Planning Concerns for Aging Parents & Eugene S. Ginsberg Hon. Denise L. Sher of the Matrimonial and Family Law Their Adult Children” to the employees Frank Giorgio, Jr. Hon. Peter B. Skelos practice. The fi rst webinar is scheduled and families of BNP Paribas Bank in John J. Giuffre Ira S. Slavit for April 15 with others scheduled New York City. Dorian R. Glover Wiliam J.A. Sparks throughout June, which is Pride Month. Alan B. Goldman Jill C. Stone The In Brief column is compiled by Marian C. Rice, a Sanford Strenger VMM congratulates partner Joseph partner at the Garden City law fi rm L’Abbate Balkan Stephen F. Gordon Terrence L. Tarver Trotti, head of the Matrimonial and Colavita & Contini, LLP, where she chairs the Attorney Hon. Frank A. Gulotta Professional Liability Practice Group. In addition to Thomas A. Toscano Family Law Practice and founding Mary Elizabeth Heiskell representing attorneys for 35 years, Ms. Rice is a Past Alan B. Hodish Craig J. Tortora partner of the VMM Family InstituteSM, President of NCBA. Carol M. Hoffman Danielle M. Visvader for his Access to Justice Pro Bono Please email your submissions to Warren S. Hoffman Hon. Joy M. Watson Attorney recognition by the Nassau [email protected] with subject line: James P. Joseph David Paul Weiss County Bar Association and Nassau IN BRIEF Elena Karabatos Suff olk Law Services.Constantina , a partner in VMM’s The Nassau Lawyer welcomes submissions Papageorgiou to the IN BRIEF column announcing news, Wills, Trusts, and Estates and Elder Law events, and recent accomplishments practices, was a panelist on the LI Herald of its current members. Due to space limitations, submissions may be edited for “50 Plus Health + Wealth Virtual Event” length and content. on March 25, where she discussed estate planning matters. Ms. Papageorgiou PLEASE NOTE: All submissions to the IN To become a Sustaining BRIEF column must be made as WORD additionally continues to lead VMM’s DOCUMENTS. ongoing Medicaid and Estate Member, please contact the Membership Office at Subscribe today (516) 747-4070. 16 April 2021 Nassau Lawyer

Special Offer… a meaningful and personally rewarding Continued From Page 1 way, consider volunteering your time with one (or more!) of the many volunteer programs that the NCBA has three days before they are available to to off er. the public at the NCBA Career Center The WE CARE Fund is a part of located at www.nassaubar.org. the Nassau Bar Foundation, Inc., the Grow Your Business charitable arm of the Nassau County Bar Association. The sole purpose Reaching your professional goals of WE CARE is to give back to the has never been easier when you are local community through grants and an NCBA Member. The need for scholarships, volunteer opportunities, and legal assistance is high in demand. events hosted year-round, both virtual and The Lawyer Referral Information Service Panel—an eff ective means of in-person. Funds raised by WE CARE introducing people with legal issues to are disbursed through charitable grants attorneys experienced in the area of that help to greatly improve the quality law in which they need assistance—is of life for children, adults, and others in an excellent opportunity to grow your need throughout Nassau County. Contact practice and expand your client base. WE CARE Coordinator Bridget Ryan at Members interested in joining the panel [email protected] if you are looking can visit www.nassaubar.org to download to get involved with WE CARE. an application form. Professional The WE CARE Fund has been insurance is required. Lawyer Referral able to make a signifi cant diff erence Coordinators Pat Carbonaro and during the pandemic but is not the Carolyn Bonino are available to answer only way for Members to get involved. any questions you may have. In April 2020, the NCBA created the Want to catch up with an old colleague COVID-19 Community Task Force to and build business contacts? NCBA help members of the public who are Photo by Hector Herrera hosts countless networking and special struggling with legal issues brought events each year. Heading into the spring on by the pandemic. Long Island and summer seasons, we have exciting residents and small businesses send free and confi dential. Other services Join Today inquiries via email to volunteer NCBA include supportive counseling, stress virtual and in-person events planned. Domus, the Mineola headquarters Members are updated each week on Member attorneys who are able to management/wellness workshops, of the Nassau County Bar Association the latest information about events answer their most pressing questions. treatment referrals, and more. (NCBA), is a place for Members to come and registration. The next upcoming This service is free and has helped This past year has been exceptionally event—Law Day: Advancing the Rule of over 260 individuals to date. If you diffi cult. In addition to its regular together, to learn, to network, and to Law Now—is Thursday, April 29, 2021 know someone who would benefi t from services, LAP hosts numerous virtual contribute to the betterment of the legal at 5:00 PM and will be held virtually. See this service, invite them to send their programs throughout the year to help profession. Being an NCBA Member page 6 for more information. inquiry to [email protected]. you improve the way you feel. Mental means that you are a part of a diverse The NCBA is grateful to its Corporate If you would like to volunteer on the health is just as important as physical and caring community of nearly 4,000 Partners who are committed to providing COVID-19 Community Task Force, health. We encourage you to join your legal professionals. While no one could Members with the professional products contact Communications Manager Ann fellow colleagues at upcoming, monthly prepare for what March 2020 would Burkowsky at [email protected]. and services they need to succeed and programs, which you can learn about on bring—a global pandemic putting a Members can also volunteer their are always available to help in any way page 17. screeching halt to all in-person activities services with the Mortgage Foreclosure they can. We are very grateful for their Weekly COVID-19 and functions—one year later the NCBA support and are proud to introduce Project, which off ers free mortgage Resources and Updates has successfully adapted to the challenges them and their array of services. The foreclosure assistance to individuals and of the pandemic and is looking to the 2020-2021 NCBA Corporate Partners families who reside in Nassau County Keeping members informed remains include AssuredPartners Northeast, and are unable to aff ord the cost of an a top priority. Now more than ever, we future with optimism. Insurance for Lawyers; Champion Offi ce attorney. Prior to COVID-19, in-person want to be of great value. The NCBA Exciting things are always happening Suites, The Ready Offi ce Solution; clinics were held regularly at Domus. COVID-19 online resource center— at the Bar, and there is something for PrintingHouse Press, Appellate Services While clinics are currently on pause, comprised of pandemic information everyone. The NCBA will continue Provider; Realtime Reporting, Inc., Nassau County residents who are from New York State, New York State to move forward in the wake of the National Court Reporting Services; struggling can reach out to the program Courts, Nassau County Courts, and pandemic. Growing your career is the Tradition Title Agency; vdiscovery, to connect with a volunteer attorney the Bar—can be found on the NCBA key to success, and the NCBA provides Computer Forensics, Document virtually. Volunteer attorneys will provide website and in weekly member, only you with the tools and connections to free consultation, review documents e-blasts. NCBA staff works diligently Review, and Electronic Discovery; and thrive in your area of expertise. relevant to the matter, and inform clients to share these updates frequently with Web Design You, Web Design and To join the NCBA and take advantage Development Company. Learn more about their rights and options as well as useful information and announcements of countless benefi ts—includingFREE about NCBA Corporate Partners and guidance as to how to proceed given their to keep you informed. CLE as part of membership dues, how you can contact them on page 18. rights and circumstances. In-person as well In-House Dining Services Other business development member as virtual clinics will resume in the coming FREE Unlimited Live CLE, FREE benefi ts include cost-eff ective mediation months. If you are interested in volunteer Did you know that the NCBA is one Committee CLE, and FREE 12 credits and arbitration panels open to qualifi ed opportunities with the Project, Members of only four bar associations in the of CLE On-Demand—call Stephanie Members to join. Members can also fi nd can contact Director of Pro Bono Gale D. country that has its own building with Pagano at (516) 747-4070, ext. 1230 or other Members who have offi ce space Berg at [email protected] in-house dining facilities? After a year of Donna Gerdik ext. 1206 in the NCBA available, or post your available space or Paralegal Cheryl Cardona at closure, we are excited to announce that Membership offi ce. You can also join on the NCBA website, free of charge. [email protected]. plans are in the works to reopen Domus online at www.nassaubar.org. There is no in the near future. Looking for a quiet space for client better time to join. New Members who Your Mental Health Matters The NCBA in-house caterer, The meetings, depositions, etc.? Members join in April or later will receive up to Through the NCBA Lawyer Assistance Esquire at the Nassau County Bar can rent a conference room for a fee at three months free; their membership will Domus. Free Wi-Fi and coff ee bar are Program (LAP), lawyers, judges and Association, will off er an extensive a be current through the end of the 2021- available at no charge. law students who are struggling with la carte menu to ensure the safety and substance abuse, depression, anxiety, health of all guests. Domus is the perfect 2022 fi scal year ending June 30, 2022. Grow Your Community stress, and other mental health disorders spot to lunch in a traditional style dining If you are a current Member, we If you are looking to become more can contact LAP Director Beth Eckhardt room setting with your clients and greatly appreciate your support and look involved with the community at large in at our 24/7 hotline. LAP services are colleagues outside of the courtroom. forward to welcoming you back. Nassau Lawyer April 2021 17

EDUCATION LAW LGBTQ GENERAL, SOLO AND SMALL LAW John P. Sheahan/Rebecca Sassouni Charlie Arrowood/Byron Chou PRACTICE MANAGEMENT NCBA Committee Thursday, April 15 Wednesday, April 21 Scott J. Limmer Meeting Calendar 12:30 p.m. 9:00 a.m. Tuesday, April 27 April 7, 2021 - 12:30 p.m. May 6, 2021 CIVIL RIGHTS BUSINESS LAW, TAX AND ACCOUNTING Please Note: Committee Meetings are for Bernadette K. Ford Jennifer L. Koo/Scott L. Kestenbaum ELDER LAW SOCIAL SERVICES NCBA Members. Dates and times are subject to change. Thursday, April 15 Wednesday, April 21 HEALTH ADVOCACY Check www.nassaubar.org 12:30 p.m. 12:30 p.m. Katie A. Barbieri/Patrica A. Craig for updated information. Tuesday, April 27 WOMEN IN THE LAW ASSOCIATION MEMBERSHIP 5:30 p..m Edith Reinhardt Michael DiFalco REAL PROPERTY Tuesday, April 20 Wednesday, April 21 HOSPITAL & HEALTH LAW Alan J. Schwartz 8:30 a.m. 12:30 p.m. Leonard M. Rosenberg Wednesday, April 7 Friday, April 30 12:30 p.m. PLAINTIFF'S PERSONAL INJURY IMMIGRATION LAW 12:30 p.m. Ira S. Slavit George A. Terezakis ETHICS Tuesday, April 20 Wednesday, April 21 REAL PROPERTY Matthew K. Flanagan 12:30 p.m. 5:30 p.m. Alan J. Schwartz Wednesday, April 7 Wednesday, May 5 4:30 p.m. ALTERNATIVE DISPUTE RESOLUTION INTELLECTUAL PROPERTY 12:30 p.m. Marilyn K. Genoa/Jess A. Bunshaft Frederick J. Dorchak LABOR & EMPLOYMENT LAW Tuesday, April 20 Thursday, April 22 PUBLICATIONS Matthew B. Weinick 12:30 p.m. 12:30 p.m. Christopher J. DelliCarpini/Andrea M. Tuesday, April 13 DiGregorio 12:30 p.m. SURROGATE'S COURT ESTATES & TRUSTS APPELLATE PRACTICE Thursday, May 6 Brian P. Corrigan Jackie L. Gross 12:30 p.m. MATRIMONIAL LAW Tuesday, April 20 Thursday, April 22 Samuel J. Ferrara 5:30 p.m. 12:30 p.m. COMMUNITY RELATIONS & Wednesday, April 14 PUBLIC EDUCATION 5:30 p.m. ANIMAL LAW DISTRICT COURT Joshua D. Brookstein Kristi L. DiPaolo Roberta D. Scoll/S. Robert Kroll Thursday, May 6 Tuesday, April 20 Friday, April 23 12:30 p.m. 6:00 p.m. 12:30 p.m.

Nassau County Courts Virtual Lawyer Assistance Black History Month Ceremony Program (LAP)

V I R T U A L E V E N T S C A L E N D A R

UN/UNDEREMPLOYED GROUP APRIL 6 AT 6:00 PM Share professional struggles during this difficult time and receive guidance from colleagues in a safe space.

MINDFULNESS MONDAYS The Hon. Norman St. George, “In recognizing the humanity of our APRIL 12 AT 6:00 PM Administrative Judge of Nassau fellow beings, we pay ourselves the County presents Hon. Juanita Bing highest tribute.” Join your fellow colleagues Newton, Dean, NYS Judicial Institute Judge St. George also received for an anxiety management (Ret.) with the prestigious Alfred S. a Special Tribute Award for his session to kick off the Robbins Memorial Award at the extraordinary and steadfast leadership program. Stress is inevitable. Nassau County Courts/Amistad of the Nassau County Courts during This month, we will explore Long Island Black Bar Association’s the COVID-19 pandemic. The how mindfulness, movement, 16th annual Black History Month award was presented to him by Hon. and meditation can help you manage your stress levels. ceremony. Andrea Phoenix, Chairperson of the The award presented to Judge Nassau County Courts Black History Bing Newton honors her for her Committee. Extraordinary Commitment to This year’s event was held virtually T O R E G I S T E R , C O N T A C T B E T H E C K H A R D T A T Justice and has inscribed a quote to ensure a safe and socially distanced E E C K H A R D T @ N A S S A U B A R . O R G O R ( 5 1 6 ) 2 9 4 - 6 0 2 2 . from Thurgood Marshall reading, environment for employees and guests. NCBA CORPORATE PARTNERS 2020-2021 Nassau County Bar Association Corporate Partners are committed to providing Members with the professional products and services they need to succeed.

NCBA Corporate Partner Spotlight

Since 1970, PHP has worked diligently to be the industry’s leading appellate services provider delivering innovative solutions that address the needs of clients as well as the appellate industry at large. PHP is a proud corporate partner of WE CARE, the nationally recognized fund of the Nassau Bar Foundation, the charitable arm of the Nassau County Bar Association.

PHP PrintingHouse Press John Farrell (212) 624-9985 [email protected] www.phpny.com Nassau Lawyer April 2021 19

the Judiciary Law and the Rules challenged our legal community and available at https://abcn.ws/3rVoFaP. Mental Health Services… 2. Ryan Prior, 1 in 4 young people are reporting suicidal Continued From Page 5 of Professional Conduct. These the future members of our profession. thoughts. Here’s how to help, CNN, (Aug. 15, 2020), services include peer support, crisis Graduate students are often juggling available at https://cnn.it/30QMdSf. intervention, evaluation, referrals, many roles and responsibilities, each 3. Emmy M. Cho and Alexandra Topic, Harvard Remembers Tommy Raskin, an ‘Extraordinary Young Person’ Telehealth, telemedicine, or professional supportive counseling, one having been signifi cantly impacted telepsychiatry describe the use of two- with a ‘Perfect Heart’ And ‘Dazzling Radiant Mind’, (Jan. outreach, education, prevention, and by COVID: completing their own 18, 2021) available at https://bit.ly/3trUTuC. way communication technology to wellness programs. coursework, conducting research 4. Va. Code Ann. § 23.1-805 (Formerly cited as VA provide certain health care services.5 ST § 23-9.2:10); 110 Ill. Comp. Stat. Ann. 12/20. Legal Interventions with faculty or peers, managing their 5. What is telehealth?, U.S., Department of Health and During the pandemic, providers are households and family life, and in some Human Services (HHS), available at https://bit. encouraged to use telehealth methods to In cases where a student is in serious cases, also maintaining some form of ly/2P2LZoA. meet with and treat patients, including mental distress, exhibiting signs of a 6. OCR Issues Guidance on Telehealth Remote employment or internship. Communications Following Its Notiﬁ cation of Enforcement mental health services. In March 2020, mental illness or related mental health The hope is that these students will Discretion, (Mar. 20, 2020), available at https://bit. the Offi ce for Civil Rights (OCR) at issue, there are certain legal interventions serve as future members of law fi rms, ly/30QSPA5. Health care providers may, in good the Department of Health and Human faith, provide telehealth services to patients using to consider. About one-third of young employees of the court system, and remote communication technologies, even if the Services (HHS) announced that it will adults might experience a mental health leaders in government, either local, state, application, such as FaceTime or Skype, does not waive potential penalties for good faith issue that is severe enough to impact or federal. We owe it to them to provide fully comply with HIPAA rules. Id. 7. Telehealth guidance by state during COVID-19, APA, use of telehealth methods during the their work performance and education.9 the mental health support they need now 6 (updated Feb. 1, 2021), available at https://bit. national public health emergency. The individual might require inpatient to succeed during this pandemic and ly/30U8Cy9. Further, many states have waived care and psychiatric treatment in a develop the necessary coping skills to 8. Lawyer Assistance Program, Nassau County Bar certain licensure requirements or Association, available at https://bit.ly/3vzH3bp. hospital setting. endure the long-lasting eff ects of these 9. Alkhouri, supra n.1. renewal guidelines to allow healthcare A family member, friend or other mental health issues. 10. Mental Hyg. Law § 9.43. providers to treat patients in other states person with direct knowledge of the 11. Mental Hyg. Law § 9.60. via telehealth methods.7 These legal 1. Dana Alkhouri, Pandemic’s mental health burden 12. Id. § 9.60(a), (c)(6). symptoms and behaviors can apply heaviest among young adults, ABC News, (Feb. 21, 2021), 13. Id. § 9.60(a)(1). waivers were essential in the beginning to the court for a Mental Hygiene of the pandemic when many students Warrant.10 Hospitalization would allow returned home, out of state from their for a psychiatrist or other physician to “The courses have opened a new venue for speakers, bringing them institutions, and continue to be useful in evaluate any mental health or medical from the NCBA podium to our homes and offices. The visual and off ering comprehensive mental health issues, establish a diagnosis, and services to students to date. recommend a plan to treat the acute audio quality of the CLE courses has become excellent. And, of To take advantage of the resources symptoms. Once stable and discharged off ered, students must know they exist. from the hospital, the goal would be to course, no facemasks are required; it is great to safely see everyone’s Counseling centers should ensure return to school at an improved level of face! The relaxed atmosphere of the Zoom courses seems to enhance that their campus website clearly functioning. communicates the availability of Non-compliance with psychiatric the learning experience, and the convenience of being able to page resources to the student body. Campuses treatment in the community may be a through the course materials on the desktop while viewing the speaker must continue to fi ght the stigma contributing factor to experiencing these attached to seeking help, sending the acute psychiatric symptoms, thoughts or provides for better continuity.” —Thomas Deas message to students that even the most attempts at self-harm or other dangerous bright and successful students can benefi t behaviors. If the individual has a history from mental health support. of non-compliance with outpatient psychiatric treatment, the hospital or a Lawyer Assistance Programs LAW YOU SHOULD KNOW concerned individual in the community On 90.3 FM WHPC Legal professionals are especially can make a referral for Assisted Hosted by Kenneth J. Landau, Esq. vulnerable to mental health issues Outpatient Treatment (AOT) in the Celebrating 30 Years! and substance abuse disorders.8 Law county where the individual resides.11 students, their employers for summer or Known as “Kendra’s Law” in New For Voicestream or PODCAST go to www.NCCradio.org school-year internships, and their schools York, AOT is court-ordered psychiatric Wednesday, April 7, 2021 must be aware of the mental health treatment and supervision in the Negotiation Skills for Attorneys resources available to them through local community with the goal of preventing at 3:00 PM Lawyer Assistance Programs. “a relapse or deterioration” in the Wednesday April 14, 2021 These programs, available on a county individual’s psychiatric condition.12 Be Your Best As An Alpha Female Attorney and state level, are committed to helping One of the benefi ts of AOT is that this at 3:00 PM members of the legal community stay program provides for case management Wednesday, April 21, 2021 healthy and productive, especially during services, either an Intensive Case Tips on Resilience these challenging times. For example, Manager (ICM) or an Assertive at 3:00 PM according to the website for the Nassau Community Treatment (ACT) Team to County Bar Association, coordinate the individual’s psychiatric Wednesday, April 28, 2021 care in the community.13 Diagnosing Brain Injuries The Nassau County Bar at 3:00 PM Association Lawyer Assistance This Team is directed by Court Program provides a range of Order to meet with the individual in Wednesday, May 5, 2021 the community (or virtually, by phone Returning to the Workplace After a Break services to lawyers, judges, law or video-conference), usually four to six at 3:00 PM students, and their immediate times per month, follow the plan for the family members who are administration of psychiatric medication struggling with alcohol or drug and monitor medication compliance. POPULAR PODCASTS INCLUDE abuse, depression, anxiety, stress, Legal Issues When Dating and Mating Over 65 The AOT program can also provide as well as other addictions and How Lawyers and Their Clients Can Cope with COVID-19 alcohol or substance abuse counseling. mental health issues. Tips On Negotiation Skills LAP services are free and strictly Conclusion confi dential via Section 499 of The COVID-19 pandemic has truly GUESTS WANTED Contact us at [email protected] if you would like to discuss an interesting/important aspect of the law. Subscribe today CLE OFFERED *You can earn CLE by listening to broadcast, podcast (or purchasing CDs) of these shows. Check with the Nassau Academy of Law for details. Visit www.nassaubar.org or call (516) 747-4464. 20 April 2021 Nassau Lawyer Nassau County Courthouse Listed in National and State Registers of Historic Places Nassau County Administrative Judge Norman St. George joined Nassau County Executive Laura Curran and Nassau County District Attorney Madeline Singas to announce the Nassau County Courthouse has been listed in the National and State Registers of Historic Places. Planned and constructed as a federal Public Works Administration project between 1938 and 1940, the Nassau County Courthouse has been the centerpiece of the Nassau County Court campus for 80 years. The effort to have the courthouse listed in the Registry was spearheaded by Daniel G. Looney, Nassau County Deputy Executive Assistant District Attorney. (L-R) Nassau County Administrative Judge Hon. Norman St. George; Nassau County Deputy Executive Assistant District Attorney Daniel G. Looney; Nassau County District Attorney Madeline Singas; Nassau County Executive Laura Curran.

Protocols… sound of others, depending on the layout to be given the exhibits in advance— been a poor substitute for working with Continued From Page 3 of their home. either physically or electronically—so the the actual scientific equipment at issue in To ensure compliance with witness could refer to them on their own. our case. the Protocols, counsel should In this approach, there is no worry The size and complexity of the case witness needs technical assistance make conference rooms and about not seeing the witness, but other may also make a virtual trial impractical. staying connected to the virtual videoconferencing technology available practical complications arise. For While Justice Sherwood in Ambac held proceeding, provided the presence of to their witnesses. Discouraging the example, if the witness testifies in such that he had the discretion to compel the assistant is disclosed. witness from testifying from his or her a way that a previously undisclosed parties to appear virtually for trial, he Set the Scene office limits the potential for distraction. document is needed for impeachment, prudently granted the plaintiff’s motion To ensure compliance with these When the predicable email pops up on the impeaching paper would not be to stay the trial until circumstances had directives, the Protocols recommends that screen or the inevitable telephone call immediately available to show the changed. The trial in Ambac, a multi- the room where the witness is testifying arises, the witness’s attention at least witness thus interrupting the flow of billion-dollar case arising from the from be displayed to the Court and temporarily will be diverted away from trial while the cross-examiner took sale of mortgage-backed securities, counsel before the start of the witness’s the matter before the court. Removing the necessary digital steps to display was originally scheduled to start in testimony and periodically thereafter. the witness from his or her everyday the material to the witness, ultimately February 2021 and was estimated to Witnesses are to be instructed by environment avoids that problem. detracting from the dramatic punch of last five weeks; involved teams of 12 or counsel and “admonished by the Court” Handling Exhibits the impeachment. more lawyers and support personnel that they cannot read or refer to any Limits of Virtual Trials from each side, some from outside of document during their testimony except The Protocols includes extensive New York; and required the operation what is shown to them by counsel during guidance on the pre-marking and While the Protocols anticipates many of of “war rooms” throughout the trial. direct or cross-examination.6 exchange of exhibits. Counsel are the more common issues that would arise Under those circumstances, Justice Many witnesses will prefer to testify required to exchange exhibits and in a virtual trial and address how they Sherwood concluded the better option from their office (home or otherwise), provide copies electronically to the court should be handled, some cases just do not was to adjourn the trial until a safer where they are likely to have in place and court reporter at a date and time seem appropriate for a virtual trial. environment existed. the necessary videoconferencing to be set by the court, and all exhibits A number of years ago, I was involved While recent news from OCA capabilities. But that location is likely must be pre-marked for identification in the trial of a case in which the plaintiff indicates that some in-court operations not to be compatible with the Protocols. purposes. Exhibits exceeding one page accused my client of selling a product may resume soon, it is likely that 7 For example, the admonition against are to be Bates stamped. the plaintiff invented for which plaintiff OCA will continue to look for ways having documents and other materials It is not clear from the Protocols how the claimed to be owed royalties. My client’s to keep courthouse occupancy to a available to the witness would seem to exhibits are to be shown to the witnesses product had become the market leader minimum. This likely means that prevent most witnesses from testifying during trial. I have participated in several in the field, and sales were in the millions remote proceedings—including bench from their regular work desk, where virtual evidentiary proceedings over of dollars annually. The case proceeded trials—will remain with us not only for there potentially would be work papers, the past year, and different courts have as a bench trial before Hon. Timothy S. the foreseeable future, but quite likely reading material, and all manner of utilized different methods, each with its Driscoll. Throughout the trial, the two forever. Trial attorneys therefore should documents within arms’ reach. Witnesses own advantages and disadvantages. One devices were present in the courtroom: study well the Protocols while remaining who are still working remotely may have court had the attorneys use the share- the one invented by plaintiff and the up to date on all developments affecting a harder time remaining out of sight and screen function on Microsoft Teams. one invented and sold by my client. the virtual trial environment. This was an easy approach; nothing We were able to conduct side-by-side For Information on needed to be given to the witnesses comparisons of the physical components 1. Available at https://bit.ly/3e6CXBr 2. “‘I’m Not a Cat’ Filter Turns Texas Attorney Into LAWYERS’ in advance. The downside is that the of each device to highlight their different a Cat During Zoom Hearing,” YouTube, uploaded by document consumes nearly the entire component parts and technology. While Bloomberg Quicktake Now (Feb. 10, 2021), https:// AA MEETINGS bit.ly/3kOYwHP screen so that the picture of the witness the Protocols provides procedures to follow 3. Protocols at 6. Call is reduced to a thumbnail. This makes in cases involving physical evidence, 4. Index No. 651612/2010 (Sup. Ct., N.Y. Co. Dec. assessing the witness’s demeanor— such as making the physical evidence 15, 2020.) 5. Protocols at 6. (516) 512-2618 and therefore credibility—difficult. available to be copied by counsel and 6. Id. at 10. Another court required the witnesses the witnesses, photographs would have 7. Id. at 8-9. Nassau Lawyer April 2021 21

Papers… and the court must grant such application. dividends when drafting moving or ready for trial, the court may schedule Continued From Page 7 Uniform Rule 202.8-c makes opposition papers, including statements a settlement conference which shall be clear that, absent express permission of material facts. attended by counsel and the parties, in advance, sur-reply papers are not Note that the new rules on statements who are expected to be fully prepared to on a decision or other authority not permitted. of material facts do not apply to motions discuss settlement. readily available to the court, a copy Uniform Rule 202.8-d makes clear for summary judgment in lieu of Subpart (b) Pre-Trial Conference: The of the case or pertinent portions of the that orders to show cause are to be complaint under CPLR 3213. rule requires that counsel confer in good authority shall be submitted with the made in circumstances only where there Uniform Rule 202.8-f requires that faith prior to trial to resolve disputed motion papers. is genuine urgency. Additionally, reply each court adopt its own procedure questions without court intervention and Subpart (b) requires that a proposed affirmations are not permitted without governing the request for oral argument to further discuss settlement. The court order should be submitted with motions, court permission. of a motion—whether oral argument is may also direct that parties prepare a except on a dispositive motion. written stipulation of undisputed facts Summary Judgment mandatory on all motions or granted on Subpart (c) succinctly states that unless a case-by-case basis and how to request prior to the commencement of trial. the court orders otherwise, no motion Uniform Rule 202.8-g requires oral argument and when counsel must Subpart (c) Consultation Regarding may be adjourned more than three times the moving party to annex to the appear. If the court does not adopt a Expert Testimony: The court may or for a cumulative total of more than notice of motion a statement of procedure, as a default rule, a party direct that prior to or during trial, 60 days. material facts—a separate, concise may request oral argument by letter counsel consult in good faith to identify Uniform Rule 202.8-b statement in numbered paragraphs accompanying the motion papers, and those aspects of their respective promulgates a significant change, of the material facts for which it is the court shall, if practicable, select a experts’ anticipated testimony that are imposing word count limits on alleged there is no genuine issue to date for arguments at least 14 days in not in dispute. motions and requiring that counsel be tried. Opposing counsel in their advance. Conveniently for counsel, oral Uniform Rule 202.20-h sets provide a certification as to the word papers must include a correspondingly arguments may be conducted by the forth new requirements for pre-trial count of the particular document. numbered statement responding to each court virtually. memoranda, exhibit books, and requests Subpart (a) states, in part, that unless paragraph of the moving party, and As always, it is important for counsel for jury instructions. otherwise permitted by the court: may also include their own statement to be mindful of the court’s individual The Rule in subparts (a), (b) and (i) affidavits, affirmations, briefs and of material facts. Importantly, each rules, and whether oral argument must (c), requires that counsel for both memoranda of law in chief shall be paragraph in a statement of material be requested in a manner other than sides submit pre-trial memoranda, no limited to 7,000 words each; (ii) reply facts will be deemed admitted unless the default described in subdivision (b). longer than 25 pages, at the pre-trial affidavits, affirmations, and memoranda specifically controverted by opposing Especially in novel or extremely nuanced conference. On the first day of trial, shall be no more than 4,200 words and counsel. Further, each paragraph cases, it would be good practice to have counsel shall submit an indexed binder shall not contain any arguments that do in a statement of material fact or a form letter request for oral argument or notebook or the electronic equivalent, not respond or relate to those made in statement controverting the same must ready to customize and e-file along with of trial exhibits for the court’s use. A the memoranda in chief. be supported by a citation of evidence the motion papers. copy for each attorney on trial and the Subpart (b) provides for exclusions submitted in support of or in opposition originals in a similar binder or notebook from the word count, including the to the motion. Pre-Trial Proceedings for the witnesses shall be prepared caption, table of contents, table of Now more than ever, it is essential for Generally, the new Rules regarding and submitted. If there is a jury trial, authorities, and signature block. counsel to ensure that each and every pre-trial proceedings require the parties counsel shall, on the first day of the Subpart (c) specifies the certification factual allegation in their papers be to work together in good faith to trial, provide the court with case-specific requirement for the word count and supported by direct citation to evidence resolve issues and engage in meaningful requests to charge and proposed jury provides that counsel may rely on the in the case, whether in the form of settlement negotiations pre-trial. interrogatories. count of the word-processing system affidavit, EBT testimony, business Uniform Rule 202.26 describes new The new Rules seeks to create used to prepare the document. records or otherwise. Accordingly, procedures for settlement and pre-trial efficiency in trials which benefits the Subpart (d) allows for a party to exceed building a solid foundation of admissible conferences. bench, jurors, litigants and counsel alike. word limits only upon oral or letter evidence from pre-litigation investigation Subpart (a) Settlement Conference: At 1. AO 270/20 (Dec. 29, 2020), available at https:// application on notice to all other parties, through disclosure will pay major the time of certification of the case as bit.ly/3kz5IYK.

COVID Help… gain experience in interviewing and hands-on programs of this nature. [email protected] for more Continued From Page 8 counseling,” reports Ezratty. As the program continues to grow, information. The commitment is The law student initiative includes NCBA Members who are interested in specifically to mentor law students through (Spring 2021), introducing 10 new law regular check-in sessions via Zoom, the mentor program for next semester collaboratively responding to inquiries students. This semester, mentors were which allow the law students to “meet” can contact NCBA Communications submitted via [email protected] and selected to address the most pressing each other, and which include a featured Manager Ann Burkowsky at via Touro’s hotline. set of inquires that have come in, NCBA Member Volunteer presenter including landlord-tenant and labor and who addresses a COVID-specific “At age 86, I graduated from Brooklyn Law School 64 years employment related questions. practice area. Mentee hours are carefully Insights from Contributing Mentors tracked and both mentors and mentees ago, and I am still being educated about the law, thanks to the sign a Memorandum of Understanding NCBA Member Volunteer Mentors Continuing Legal Education programs of the Nassau County Bar that solidifies the commitment. Jaime Ezratty and Mindy Roman, Association. So you see, one is never too old to learn. CLE is experienced practitioners in Landlord/ A Rewarding Experience Tenant law who began mentoring FREE because it is included in the annual bar association dues, The NCBA is grateful for its Members during the first round that took place who have worked so hard to bring this thereby saving bar association members hundreds of dollars in during Summer 2020, report that program to life, and to the law students working with the mentees is extremely order to comply with the CLE requirements of the Office of Court who have joined us in our initiative rewarding, especially because landlord/ Administration. The quality of the presentations is superb, and the tenant law has evolved and continues to to help the community during this evolve rapidly, responsive to Governor unprecedented time. One of the greatest topics cover a wide range of practical and substantive legal issues. parts about being an NCBA Member is Cuomo’s Executive Orders on eviction Currently, especially during the COVID-19 pandemic, the easy and foreclosure. “With a bright law the countless volunteer opportunities that student as a resource, I am able to it provides. Current NCBA Members connection to the zoom sessions makes it safe and most convenient to are invited to join this initiative, which understand current information on get updated on the changing statutes, case law and technology, even the latest developments in time to is an incredibly rewarding way to give respond to the covidhelp@nassaubar. back to the community and understand from sunny Florida. I hope to continue as a member of the Nassau org inquiry. I include my law student COVID’s legal challenges. Particularly, mentee in consultations with the the NCBA is grateful that this initiative County Bar Association for the next 120 years.” individual seeking consultative advice, has attracted long-standing members —Justice Ira Raab (Ret.) which allows the law student to who have not previously been involved in 22 April 2021 Nassau Lawyer

Conferences… personal injury actions, where as opposed to an entity representative of the demand is objected to, what is Continued From Page 6 parties cannot compel deposition of shall constitute a separate deposition. being withheld accordingly, and why. a party after serving interrogatories The court may alter the number and This rule appears to do away with on that party.5 But nothing prevents duration of depositions but good cause the boilerplate objection to demands. facilitate earlier and more expeditious counsel from agreeing to a limited must be shown. This Rule reminds The objection now is meant to form resolutions of cases. Also important interrogatory—say, on some discovery all that a party has right to seek any a discussion between counsel and to note is the language in this section matter—and a subsequent deposition relief that it deems appropriate but hopefully, to reach a consensus without that adjournments of conferences do on unrelated matters. its requirements once again call for the court’s involvement. not change dates in court orders unless Uniform Rule 202.11 simply directs attorneys to plan out their cases early directed by the court. Discovery Disputes parties to the guidelines on discovery of on, move the depositions along and work Settlements electronically stored information (ESI) towards resolution. Uniform Rule 202.20-f not only in Appendix A to Part 202. Article V Uniform Rule 202.20-d addresses encourages parties to resolve discovery Uniform Rule 202.28 mandates disputes without a motion, but makes it that counsel, regardless of the party of that Appendix, which addresses the subpoenas and states that a notice of defraying of costs for discovery from subpoena may name as a deponent a much more difficult to resort to motion represented, immediately inform the practice. Counsel must confer in person court or assigned judge when an action nonparties, used to enumerate such corporation, estate, trust, partnership, expenses but now simply authorizes LLC, association, joint venture, public or by phone in an attempt to resolve is settled, discontinued, or otherwise such disputes, and in motion papers must disposed of. In addition to a stipulation “reasonable production expenses.” corporation, government, governmental The change suggests that what once subdivision, agency or instrumentality affirm the details of such conference, of discontinuance filed with the clerk, down to the date, time, and duration. attorneys are now required to also send were obviously reasonable expenses or any other legal or commercial entity. may no longer be so, given advances in Attorneys have the option to enumerate This effectively ends the perfunctory and a stipulation or letter to the clerk of pretextual “good faith letter” that used to technology. matters upon which a person is to be the handling part, along with notice precede such motions. Uniform Rule202.20-e requires examined but it must be detailed. If a to chambers of the assigned judge via Uniform Rule 202.20-g encourages strict compliance with discovery notice of subpoena does not specify a telephone or email. This is a continuing the clear memorialization of discovery deadlines, and particularly provides name but does set forth the matters to obligation that counsel or self- conference decisions handled by non- that if a party has failed to produce be examined, then no later than 10 days represented litigants have and must also judicial personnel. Any party may demanded documents that are before the deposition, the named party be done if a case or motion has become request that: the decisions be either necessary for that party’s deposition, must designate one or more individuals wholly or partially moot or if party died dictated into the transcript to be then the party seeking disclosure to testify. The designation must include or filed for bankruptcy. so-ordered; the parties reduce the may ask the court to preclude those the identity and description or title of Uniform Rule 202.29 gives counsel resolution to writing then and there for documents from trial. To keep on person and if more than one person is the ability to jointly request a separate court approval; or the parties outline schedule, however, plaintiffs might designated, then the designation must settlement conference in a case with the the resolution and submit a proposed want to start producing not just set out what topics each will testify on. assigned judge or a judge not assigned order within 24 hours. This is not If the notice does specify a specific to the case. The request can be made authorizations but records as well mandatory, but clearly encourages clarity name, the named entity shall produce at any time during litigation, is granted in discovery resolutions to avoid delays Depositions the individual designated unless it in the discretion of the justice or judge down the road. With the ubiquity of Uniform Rule 202.20-b limits the notifies the requesting party no later and if granted, a “settlement judge” personal computer and devices, there total number of depositions that can be than 10 days before the deposition that is designated. This is a great means seems little reason why counsel cannot taken in a case to 10 and the duration another individual will testify, along with to resolve matters and to confer with type up the results of these conferences to 7 hours per deponent unless there is the identity, description or title of the different judges such as in a case where as they proceed. a bench trial is on the horizon and the a stipulation of the parties or order of specific person. The subpoena must also parties do not want to reveal their entire a judge agreeing or ordering otherwise. advise a non-party entity of its duty to Conclusion case to the assigned justice. But the rule contains a lot of nuances make designations as set out in rule. This The theme that runs through these and requires an attorney to strategize Rule does require a careful read and an Discovery amendments is that counsel should on what depositions are necessary. For attorney once again is forced to plan confer and cooperate, early and often, Uniform Rule 202.20 limits example, the deposition of an entity ahead to decide what strategy best suits to conclude discovery efficiently. Indeed, interrogatories, even in consolidated through one or more representatives their goal. however we want a case to resolve, each actions, to 25 including subparts. shall be treated as one deposition. Discovery Objections side has an interest in reaching resolution Interrogatories are common in However, each deposition of a fact and Privilege Logs without protracted disputes over ancillary matrimonial actions but rare in witness produced on behalf of an entity matters. Too often, however, counsel are Uniform Rule 202.20-a encourages reluctant to resolve with a phone call what Committee Reports a categorical approach to privilege they can put off with a letter or motion. logs, rather than the document-by- While those old habits may have less document log required by CPLR 3122. meeting was held by video- impact in most civil cases than they do in Elder Law, Social The categorical approach, common in Services & Health conference and featured guest complex commercial litigations, they still commercial litigation, is laid out quite Advocacy speaker, Ellen Makofsky, make cases longer and more expensive to well in a paper by the New York City Co-Chairs: Katie A. Barbieri, Chair of the NYSBA Task resolve. These new rules call us to change Bar Association.6 While CPLR 3122 still Patricia A. Craig Force on Powers of Attorney, our attitudes, and to view opposing governs, the new rule encourages parties counsel as partners in concluding This committee addresses who presented a lecture to agree on a categorical approach to discovery, so that we can engage on the legal issues related to health, regarding the new Power of save time and labor when the volume ultimate issues in each case. mental hygiene, and social Attorney statute and practice of discovery warrants, and whichever services for the public and tips and was joined by now- procedure the parties adopt for handling 1. 22 NYCRR § Part 202. 2. New York State Unified Court System,History, special population groups, retired Nassau County privilege issues, their plan must be set forth Michael J. Langer Commercial Division - NY Supreme Court, available at including the poor, the aged Supreme Court Justice Arthur in detail and ratified in a court order. https://bit.ly/3q2Obt0. Diamond, who provided 3. Request for Public Comment on the Proposed and the disabled. Uniform Rule 202.20-c forces Adoption of Certain Rules of the Commercial On February 5, 2021, updates on the guardianship parties to actually respond to discovery Division in Other Courts of Civil Jurisdiction (Oct. a committee meeting was held by program. This presentation is available demands rather than merely objecting. 15, 2018), available at https://bit.ly/2O7YLl4. 4. AO 270/20 (Dec. 29, 2020), available at https:// videoconference and topics discussed on the NCBA website, at the “CLE on Most notably, each response must bit.ly/3kz5IYK. included the case of In re Dousmanis (a Demand” page. CLE credit is available. actually state either that it is complete; 5. CPLR 3130(1). 6. NYCBA Committee on State Courts of Superior 2021 decision of the Appellate Division, that the responder possesses no Jurisdiction, Guidance and a Model for Categorical Privilege Second Department, regarding use of The Committee Reports column is compiled by responsive documents; or just what part Logs, available at https://bit.ly/3b21GEX. assets to satisfy a Medicaid lien), how a Michael J. Langer, a partner in the Law Offices of Michael J. Langer, P.C. Langer is a former law child support obligation affects an AIP’s clerk in the United States Court of Appeals for budget, the look-back implementation the Second Circuit, and a former Deputy County on Community Medicaid, and the use of Attorney in the Office of the Nassau County Attorney. Langer’s practice focuses on matrimonial mediation in guardianship proceedings. and family law, estate and commercial litigation, On February 24, 2021, the committee and criminal defense. Nassau Lawyer April 2021 23

Hearst… Strangler, and later O.J. Simpson. He prison having her time commuted by 31 Continued From Page 11 argued “coercion,” that Patty was under President Carter in 1979. She was later such duress that she was coerced when pardoned by President Clinton on his committing her alleged crimes.23 fi nal day in offi ce in 2001.32 The SLA hideout was burned to It should be noted that Patty was Patty’s trial concerned more than just the ground with De Freeze and six charged only with the Hibernia Bank a wayward heiress whose aberrational others being killed.16 Patty/Tanya was robbery. She stood trial in January 1976 behavior was later smoothed over by her elsewhere when the shootout took place. in the Northern District of California family’s wealth and connections. Clearly She would be on the lam for a year- with Judge Oliver Jesse Carter once she was in the docket, the inherent and-a-half, the subject of a nation- presiding.24 The prosecution argued privilege of being a Hearst worked wide manhunt. Wanted by the FBI, she that she was a willing participant with decisively in her favor. became the nation’s best-known fugitive. the SLA, barely acknowledging the Whether she became radicalized or The saga ended on September 18, initial kidnapping. was brainwashed, from February 1974 1975 with her arrest in San Francisco.17 Patty testifi ed that she was under to September 1975 Patty became the With a fl air for the dramatic, Patty/ constant threat and was sexually Tanya stated “Urban Guerrilla” as her ultimate exemplar of the generational 18 abused. Yet her testimony on the stand strife that characterized the 1960’s and occupation when she was booked. would prove unconvincing. She made Among her many alleged crimes was 1970’s. She did more than just tune in, for a poor witness and she asserted turn on and drop out. She actually took Army at www.history.com. another bank robbery where a pregnant her Fifth Amendment privilege forty- 19 up the gun against all that her parents 8. Linder, supra n.2. woman was killed. As the driver of two times when cross-examined about 9. Patty Hearst Kidnapped, supra n.7. the get-away car, Patty could have been represented. 10. Linder, supra n.2. her actions subsequent to the Hibernia In doing so, she became a potent 11. Patty Hearst-FBI, supra n.1. indicted for felony murder. 25 Bank robbery. symbol for the times. One can also 12. 16 Crazy Facts, supra n.4. Patty claimed she had been raped. Yet 13. Linder, supra n.2. Terrorist or Brainwashed Victim? fi nd in her story harbingers of the 14. LAPD raid leaves six SLA members dead, available at one of her former compatriots asserted Not long after, it must have dawned on various currents that still vex American www.history.com. she was involved in a “consensual 15. Id. Patty that her revolutionary joy ride was society. Although less spectacular relationship” with a fellow SLA 16. Patty Hearst Kidnapped, supra n.7. over. Facing serious consequences, it is and surely less publicized, there are 17. Linder, supra n.2. member.26 He had given her a charm almost certain that she realized that she countless young people today who fi nd 18. Dan Brekke, 40 Years Ago Today: Patty Hearst as a keepsake. The prosecution then Kidnapped in Berkley, February 2, 2014 at www.jqed. would be better off as a Hearst than as themselves adrift, alienated, unfulfi lled, presented the item in court. The jury org. not unlike Patty Hearst. 19. Sam Stanton, SLA saga’s Sacramento ties: hideout, Tanya. She recanted her past affi liation would ultimately see Patty’s having kept with and affi nity for the SLA. The unrest that ripples across much fatal shooting, guilty pleas, Sacramento Bee (Feb. 11, the charm as an indication that she was 2017), available at www.sacbee.com. of contemporary American society It was asserted that she had been not being truthful.27 20. Lauren Bowman, Dominique Forrest, Malissa “brainwashed,” hence not responsible may be seen as a manifestation of the Osei, Social Science and Coercion as a Defense in A Verdict, But Not the Final Word discontentment and the dislocations that Kidnapping Cases Patricia Hearst: Kidnap Victim to for her actions. It would be an Criminal?, available at Courses2.cit.cornel.edu. extraordinary defense. After all, Patty Patty’s trial took eight weeks resulting Patty/Tanya once symbolized. If so, the 21. Id. was not insane nor had she experienced, Patty Hearst case still echoes a half-a- 22. Id. in a guilty verdict for armed robbery. 23. Linder, supra n.2. despite claims of both her weight and Judge Carter originally sentenced century later, and all Americans should 24. Id. IQ dropping, any diminished capacity.20 Patty to thirty-fi ve years in prison.28 In take heed. 25. Id. Patty had previously and explicitly 26. Id. another strange twist, Judge Carter died 1. Patty Hearst-FBI at www.fbi.gov. 27. Id. 29 rejected the notion of being after successive heart attacks. Judge 2. Douglas Linder, The Trial of Patty Hearst: An Account, 28. Id. brainwashed. In one of her audio William Orrick reduced her sentence to at law2.umkc.edu. 29. Helen Christophi, Figures in Patty Hearst Case Relive 30 3. Patty Hearst Kidnapping Crime Files at www. the Past in Panel Discussion, in Court News Service recordings she declared: “Greetings seven years. crimeandinvestigation.co.uk. (Oct. 4, 2018), available at www.curthousenews.com. to the people, this is Tanya…As for being Yet, in one sense, it could be argued 4. 16 Crazy Facts About the Kidnapping of Patty Hearst 30. Bob Egelko, After a lifetime in law, jurist rests his case/ at.historycollection.com. He sentenced Hearst to 7 years in prison, SFGate (Feb. 6, brainwashed, the idea is ridiculous beyond belief. that the defense was successful in OPINION 5. Linder, supra n.2. 2002), available atGUEST VIEWwww.sfgate.com. 21 NEWSMAKERS I am a soldier in the People’s Army.” that Patty never faced felony murder 6. Id. 31. Bowman, supra n.20. The term “brainwashing” refers to charges. She served about two years in 7. Patty Hearst Kidnapped by the Symbionese Liberation 32. Id.

with customized financial solu branch’s operational proficiency tions. She has 25 years of banking Harrisburg-based Pennsyl family law experience. She has a vania Public Utility Commis DAIRY GODMOTHERS and mentor her financial center and financial services experience bachelor’s degree from the Col Kuhn sion named team. Most recently, she was a cor and was a financial adviser with lege of William and Mary and a of Philadelphia and Dauphin County grew by 8,997 people. Charleston, West Virginia (-1.6 percent); and 1,661 (or 52.9 percent) lost popula the use of psychological techniques on one or two acres and not pelletizing. porate social responsibility super Smoker Wealth Management. - law degree from Dickinson School Amy S. Goldman Hrivnak - Pine Bluff, Arkansas. (-1.5 percent); PHOTO/THOMAS A. BARSTOW “The vast majority of local hops are visor and head teller II with First She has bachelor’s and master’s of Law. tion. Though there has been more growth - members of of the Cumberland Pennsylvania County - Farmington, New Mexico (-1.5 percent); Specialty cheese biz taps into local dairies National Bank. She has a bach degrees from Ashford University. - What’s happening nationally? than decline overall, the numbers indicate brewed in late summer or early fall for FOOD BUSINESS Telecommunications Relay SerMatthew wet-hop beers,” he said. “That has been elor’s degree from York College. - Laura J. Melfi The census data confirmed that coun- Danville, Illinois (-1.2 percent); and vice Advisory Board. Goldman Susquehanna Township-based that this can easily shift year over year. By Stacy Wescoe Hills Farm in Chester County. the big limitation.” - vice president and cash manage Mette Evans & Woodside named ties with the largest numeric growth are Watertown-Fort Drum, New York (-1.2 “We’ve recently advanced Krieger was named senior has been a public member of the A deeper dive into the census data - BridgeTower Media The Millworks and other breweries said ment officer with Mid Penn’s First Matthew D. Co our operator training and Jones pitched the idea of using the CSA Lower Allen Township-based board. She is a speech-language located in the south and the west. In percent). The population decreases were Lancaster-based RGS Associ Members 1st Federal Credit - Priority Bank division. She will be ble reveals several demographic changes certification program and format to develop a new way of selling craft they would like to buy more local hops ates named pathologist, has conducted - a sharehold fact, Texas claimed four out of the top primarily due to negative net domestic to coercively control individuals Fauth Union named based in Chester County and con er. He represents - impacting commercial real estate develop Stefanie Angstadt started making cheese cheese to cheese fans. That led Jones, Ang- Craft-beer boom spurs local hops farmersyear round, especially pelletized hops, to ect landscape architect. He has trainings on the importance of are currently engaged with insurance com 10 spots. Looking at population growth migration. a pilot program assessing Jake Krieger Alma Jimenez tribute to deposit growth through - - ment: household formations, aging baby - efficienciesas a hobby for the soon use afterof graduating from col- stadt and Miller in 2016 to create the Collec- support farmers. a bachelor’s degree from Temple telecommunications for those “I think brewers absolutely want to use branch manager business development activities. panies, fraternal by metropolitan area, Dallas-Fort North Dakota was home to the fastest- 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 By Jason Scott 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 - - But Musselman said he expects local was program. Hrivnak will represent present challenges for commercial real involuntarily altering their actions ernmentThe agencies. opportunities for creating new jobs beer production. has an associate degree from York 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- dairy farm in Oley in 2014 and began to “We thought between the three of us, we 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 and beliefs. The concept gained wide- Her cheeses — mostly a mix of softer and Jones said it also makes sense. general manager of the Camp Hill - Coolidge manager project and es Harrisburg-based State Civil Coast in general. agricultural commodities, like hops or 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 - Two Cumberland County hop farmers PHOTO/MARKELL DELOATCH with various oth - versity. ensure efficien GUEST VIEW 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 farm. They began growing the crop in 2017 in a bid to make locally grown hops more produceand afederally partial harvestfunded projects.of hops this He year currency during the Korean War as a - Ryan Boswell is the Philadelphia-based — meaning to grind them into powder er departments. - HEALTH CARE - 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 companyto based the inpeople 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 the to 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 tois 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, asthey 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 a member to be aware of what is going on and to offer - federal test sites for the drone industry, ple do it,” said Michael Reifsnyder, who - participation in Care. He will see - while others have been joining regional Angstadt said her profit margin is gener- locations are in the Chester County and 5,000 or 6,000 pounds of hops this year. named - 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 support as ideas develop, several people surveys that once took weeks to conduct partnerships to develop initiatives. As each day passes, Pennsylvania seems to be falling — why not cheese?” Carlisle-area farm, dubbed GEMS Farm. rationale for explaining why American further behind in developing domestic a planted 3,400 hop plants on his 15-acre oppor tunities adult patients said. One goal is to create a working group can now be done in a day or so, Day said. ally about 15 percent to 20 percent on the Philadelphia areas. - 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 month, but she said they tend to average at cay cheese, and Miller’s Clipper, an aged get in on their offerings. POWs held by the Communists had ties to regulate unmanned aircraft unless be eased once the options are carefully preparation of - has a bachelor’s degree- fromCorson the 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, already requires commercial drone opera the hop yard, which is entering its second business succes cine at the University of PennsylJang 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. collaborated with the enemy. 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 was ever arrived at in the court of 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 public opinion. 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 One person who did believe Patty 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 and theyNobody especially wants do to notbe told want they an unpleasneed 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 - 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 UPMC Pinnacle hospitals and side consultant to conduct a thorough was acting involuntarily was F. Lee - many hardworking physicians in our com outpatient clinics continue to 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 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. Bailey. Bailey, at the time, was the most - 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 recognizable criminal defense attorney • 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, President and CEO rect or clarify mistakes made in the publica over $700 million,” she said, noting that the – or that the seller’s 401(k) plan does not 401(k) is terminated after the transaction, er’s retirement plan, the buyer will need which is based in Susquehanna Township, in the United States. Among his clients UPMC Pinnacle tion. If you have a question, please call the requests come from across the common meet compliance standards. the seller’s employees will face a one-year to perform exhaustive due diligence. This Dauphin County. wealth. Folmer said she hopes the tax credits will were Dr. Sam Sheppard, the Boston be able to support about seven projects this 24 April 2021 Nassau Lawyer

Consumer Protections… renewal law,4 and to related case law. Article 29-BB is hyperlink to the terms and conditions and that the layout Continued From Page 9 very similar to California’s law. and design of the screen was cluttered and unclear. For example, ROSCA requires consumers making Other examples of web-based agreements that have internet-based sales to perform an additional been held enforceable or unenforceable and the legal Defenses and Exclusions affi rmative action, such as clicking on a confi rmation analysis therefor can be found in case law analyzing GBL § 527-A(7) provides businesses a safe harbor button or checking a box, that indicates the consumer’s clickwrap agreements, which are agreements that from liability under the statute if a business shows, by consent to be charged the amount disclosed.5 It might require users to click an “I agree” box to indicate their a preponderance of the evidence, that the violation be prudent for a business to design its website to affi rmative assent to the terms of the agreement.10 was not intentional and resulted from a bona fi de error prevent a consumer from confi rming their consent to Additional guidance on whether a disclosure is made notwithstanding the maintenance of procedures be charged unless they have fi rst clicked on a link to the clear and conspicuous comes from the Federal Trade reasonably adopted to avoid such error. Thus is it terms and conditions. Commission, which ROSCA authorizes (together imperative that businesses establish procedures to ensure The issue becomes more complicated inasmuch as with State attorney generals) to enforce the federal their automatic renewal off er disclosures are clear consumers often enter into agreements using their statute. The FTC uses the mnemonic it dubs “The and conspicuous and keep contemporaneous records smart phones which have screens that are likely too 4Ps”: prominence, presentation, placement and documenting that those procedures were followed. small to display all of the terms and conditions at one proximity.11 According to the FTC, clear and GBL § 527-A(8) exempts from its provisions entities time. As the U.S. Supreme Court has observed: conspicuous is a performance standard not a font regulated by the NYS Department of Financial “[M]odern cell phones...are now such a pervasive and size, and no one knows better than advertisers how to Services, security system alarm operators, banks and insistent part of daily life that the proverbial visitor convey information clearly and conspicuously. credit unions, and entities doing business pursuant to a from Mars might conclude they were an important Enforcement franchise issued by a political subdivision of the State. feature of human anatomy.”6 The small screen likely Highly notable is that GBL § 527(4) defi nes requires the user to scroll through the terms, pinch and Article 29-BB gives enforcement of its provisions “consumer” as being any individual who seeks or manipulate their fi ngers to zoom in and out, navigate to the Attorney General. Remedies provided include acquires, by purchase or lease, any goods, services, between multiple windows, click on a hyperlink or obtaining an injunction and imposing a civil penalty money, or credit for personal, family, or household purposes.” take some other actions in order to view the terms and of not more than $100 for a single violation and not (italics added). Thus the law does not apply to purchases conditions in their entirety. more than $500 for multiple violations resulting from made for business use, in direct contrast to GOB § The U.S. Second Circuit Court of Appeals analyzed a single act or incident. A knowing violation raises the 5-903, which defi nes “person” as “an individual, fi rm, whether under California law the design of the screen maximum penalties to $500 and $1,000 respectively. company, partnership or corporation.”2 and language used in a web-based agreement provided The new law does not establish a private right “Clear and Conspicuous” Standards the consumer with reasonable notice of a compulsory of action to its enforcement. However, an unlawful arbitration agreement contained in the agreement practice as defi ned in the statute could serve as a The statute defi nes “clear and conspicuous” as predicate deceptive act or practice to establish liability in Meyer v Uber Tech., Inc.7 The court applied “a being “in larger type than the surrounding text, or in under GBL § 349, which does provide a private right reasonably prudent smartphone user” standard, stating contrasting type, font, or color to the surrounding text of action.12 Courts have discretion to increase the that “the inquiry on notice turns on the clarity and of the same size, or set off from the surrounding text of award of damage to up to three times the actual conspicuousness of arbitration terms; in the context of the same size by symbols or other marks, in a manner damages up to $1,000, and, giving GBL § 349 some web-based contracts...clarity and conspicuousness are that clearly calls attention to the language.” In the teeth, may also award reasonable attorney’s fees to a case of an audio disclosure, “clear and conspicuous” a function of the design and content of the relevant 8 prevailing plaintiff . mean “in a volume and cadence suffi cient to be readily interface.” The design and layout of the website were audible and understandable.” The defi nition notably held to have provided adequate notice, and the use of 1. GBL Art. 29-BB, §§ 527, 527-A. a hyperlink to provide the consumer with access to the 2. GOB § 5-903(1). contains no standards regarding a minimum font size. 3. 15 USC §§ 8401-8402. Due to the necessarily subjective nature of evaluating terms and conditions was found proper. This decision 4. Cal. Bus & Prof. Code § 17600 et seq. whether the mandatory disclosure in an automatically is well worth reading for its discussion of the factors 5. 15 USC § 8402(a)(2)(B). 6. 868 F.3d at 77 (quoting Riley v California, 573 U.S. 373 (2014)). renewing or continuous service agreement is suffi ciently the court considered in evaluating the defendant’s web- 7. 868 F.3d 66 (2d Cir 2017). clear and conspicuous, this issue appears to be one based agreement. 8. 868 F.3d at 75. In contrast, in Starke v SquareTrade, Inc.,9 the Second 9. 913 F.3d 279 (2d Cir 2019). likely to be the subject of litigation notwithstanding 10. See, e.g., Hidalgo v. Amateur Athletic Union of United States, Inc., 468 even the best eff orts of businesses to comply with the Circuit held that a mandatory arbitration clause was F.Supp.3d 646 (S.D.N.Y. 2020); Valelly v. Merrill Lynch, Pierce, Fenner & law. Businesses and attorneys seeking guidance may unenforceable. The decision discusses several factors Smith Inc., 464 F.Supp.3d 634 (S.D.N.Y. 2020). 11. Lesley Fair, Full Disclosure, Federal Trade Commission (Sept. 23, want to refer to the federal Restore Online Shoppers’ that militated against enforcing the agreement, including 2014) available at https://bit.ly/3tdsyZ3. Confi dence Act (ROSCA)3 and California’s auto- that the website did not adequately direct the user to the 12. GBL § 349(h). LAWYER TO LAWYER

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