To Fly, Or Not to Fly…

NOVEMBER/DECEMBER 2005 VOL. 77 | NO. 9 JournalNEW YORK STATE BAR ASSOCIATION To Fly, or Not to Fly… How the CPLR got me flying Also in this Issue Appealing in Arbitration by David D. Siegel Transactions That Imperil National Security Institution Versus Individual Update: Did the Odds Change in 2004? Inadvertent Document Disclosure BESTSELLERS FROM THE NYSBA BOOKSTORE November/December 2005 Civil Advocacy and Litigation NEW! Coming Soon! Preparing For and Trying the Civil Lawsuit, Second Edition Appellate GENERAL PRACTICE This two-volume loose-leaf set updates and expands Practitioner’s Handbook for New York Lawyer’s Deskbook, the first edition by adding five new chapters. Over 30 Appeals to the Appellate experts reveal the techniques and tactics they have Second Edition found most effective when trying a civil lawsuit. Divisions of the State of New Updated with 2005 Supplement PN: 41953 / Member $175 / List $225 / 1,302 pages York, Second Edition WINNER OF THE ABA’S CONSTABAR AWARD Covers all aspects of handling appeals to The Second Edition consists of 25 chapters, each Entertainment the New York State Appellate Division, covering a different area of practice. Entertainment Law, Third Edition addresses recent statutory changes and rule Topics Covered: This new edition contains a new chapter covering revisions, and includes commonly needed Corporate and Partnership Law “Entertainment on the Internet—The Evolution of forms. A must for practitioners filing civil or Buying and Selling a Small Business Entertainment Production, Distribution, Ownership criminal appeals. Tax Implications of Forming a Corporation and Control in the Digital Age.” PN: 4014 / Member $48 / List $57 / 172 pages Arbitration under the CPLR PN: 40863 / Member $125 / List $150 / 782 pages The Personal Injury Plaintiff in New York Civil Advocacy and Litigation What Is a Debt Collection Case? Family and Matrimonial Law Enforcement of Money Judgments Depositions: Practice and Procedure Matrimonial Law Adoption Law: Practice and in Federal and New York State Courts Labor Law Procedure in the 21st Century Forms This detailed text covers all aspects of depositions. Introduction to Workers’ Compensation Law on CD Topics include pre-trial discovery schedules, appro- Social Security with Forms on CD-ROM priate and inappropriate behavior at depositions, Criminal Law This new reference completely updates and and motions for protective orders. Environmental Law expands Adoption Law in New York, adding new Mechanic’s Liens chapters and including over 250 pages of forms. 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The 2005 supplement updates case and Legislative Highlights statutory law, features a completely rewritten Real Estate chapter on “The Regulatory Network” and New York Lawyer’s Formbook, benefits from the guidance of Second Edition Condemnation Law and editors Jerome Lefkowitz and Melvin Osterman, Second Edition Procedures in New York State Updated with 2005 Supplement and the fresh insights of editor Jean Doerr. This timely book provides a thorough analysis The Formbook is a companion volume to the PN: 4206 / Member $125 / List $150 / 1,134 pages of eminent domain law in New York State. NY Lawyer's Deskbook and includes 21 sections, PN: 520504 / Member $80 / List $95 / 644 pages Includes a discussion of the recent U.S. Supreme each covering a different area of practice. Court decision Kelo v. City of New London. Real Estate PN: 4043 / Member $65 / List $75 / 434 pages General Practice Forms Forms Commercial Leasing with Forms on CD-ROM — on CD on CD Sales and Use Tax and the New Forms on CD-ROM 2005 Edition This book examines in detail situations that York Construction Industry Available on CD, over 800 of the forms featured arise during lease negotiations and numerous N.Y. Tax Law imposes sales tax on the sale in the N.Y. Lawyer’s Deskbook and N.Y. Lawyer’s issues critical to both the tenant and the landlord. or purchase of services to install, maintain, Formbook, and used by experienced practitioners Especially useful are the sample model leases that service and repair tangible personal property in their daily practice. This newest edition features cover conditions favorable to both the landlord or real property. Sales and Use Tax provides an advanced installation program compatible with and the tenant. a comprehensive overview of relevant statutes, Adobe® Acrobat Reader,TM Microsoft Word® and PN: 4041C / Member $155 / List $200 / regulations and case law, and practical advice WordPerfect.® includes 1,344-page book on handling taxpayer disputes relative to the construction industry. PN: 4221 / Member $28 / List $38 / 174 pages Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: CL2591 NEW YORK STATE BAR ASSOCIATION NEW YORK STATE BAR ASSOCIATION Journal BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Rose Mary Bailly www.nysba.org Albany Willard H. DaSilva Garden City Louis P. DiLorenzo Syracuse Philip H. Dixon Albany • Fresh new look for 2005 Lesley Friedman Rosenthal New York City Judith S. Kaye • Easier to navigate New York City Eileen D. Millett New York City • More resources right on your John B. Nesbitt Lyons home page Eugene E. Peckham Binghamton Richard N. Winfield • One-click access to the resources New York City EDITOR EMERITUS you need Eugene C. Gerhart Binghamton • Unique substantive legal MANAGING EDITOR Daniel J. McMahon Albany content at your fingertips e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF PRODUCTION COORDINATOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Sheri Fuller Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] Visit the newly redesigned www.nysba.org. CONTENTS NOVEMBER/DECEMBER 2005 TO FLY OR NOT TO FLY. BY DAVID D. SIEGEL 10 On the cover: David D. Siegel in 1964, next to the airplane (a Piper Colt) in which he first soloed. Page 13, the Piper Cherokee he later bought. Photos courtesy of the author. 14 Appealing an Arbitrator’s Award DEPARTMENTS Suggested Approaches BY PAUL BENNETT MARROW 5 President’s Message 20 Transactions That Imperil 8 CLE Seminar Schedule National Security 42 Attorney Professionalism Forum A Look at the Government’s Power to Say “No” 44 Index to Articles 2000–2005 BY ANTHONY MICHAEL SABINO 52 Index to Authors 2000–2005 26 Institution Versus Individual 56 New Members Welcomed The Arbitration Alternative to Litigation 57 Index to Advertisers BY STEVEN C. BENNETT 60 Classified Notices 61 Language Tips 32 Update: Did the Odds Change in 2004? BY GERTRUDE BLOCK Appellate Statistics in State and Federal Courts 63 2005-2006 Officers BY BENTLEY KASSAL 64 The Legal Writer 35 Unintended Consequences BY GERALD LEBOVITS Avoiding and Addressing the Inadvertent Disclosure of Documents BY ROBERT A. BARRER CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2005 by the New York State Bar Association. The Journal (ISSN 1529-3769), official publication of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December. Single copies $18. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | November/December 2005 | 3 PRESIDENT’S MESSAGE A. VINCENT BUZARD Privilege in Jeopardy he attorney-client privilege is We face a serious threat to the privi- KPMG promised not to use any claim one of the most fundamental lege as an indirect result of a recent of privilege to keep information from Tand sacred principles of our wave of corporate fraud. After the prosecutors investigating it for selling legal system. We, and our clients, are Enron and other

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