E H TSUFFOLK L AWYER THE OFFICIAL PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION Vol. 28 No. 1 DEDICATED TO LEGAL EXCELLENCE SINCE 1908 website: www.scba.org November 2012 P h o t o c o INSIDE… From Suffolk County to Scotland - u r t e s November 2012 y o FOCUS ON COMMERCIAL f Two Attorneys’ Whirlwind Adventure H o ORPORATE AW n & C L . P ______________________ r Point, Long Island and my father, a building u d e By Hon. A. Gail Prudenti n contractor, was closing on a house. Being t Business arbitration a handicap? ........ 9 i Piercing the corporate veil ................. 8 I distinctly recall the moment when I real - somewhat inquisitive for a five year old, I Think before you cease and desist ..... 6 ized that I would become an attorney. I was happened to notice that my father was the a five year old girl growing up in Blue only person in the room not represented by Pro Bono requirements for law a lawyer, and it stuck with me. Neither at students .................................................. 3 that time, nor over the course of my subse - Author’s Night at SCBA P quent 34 year career as a lawyer, including Judge Madeleine Fitzgibbon Retiring .7 h o t 21 years as a judge, did I ever dream that I o b y would witness the opening of a spectacular A r t library at my alma mater, speak in a lecture S h hall before hundreds of Scottish scholars Honorable A. Gail Prudenti and her hus - u l m and officials, and meet Her Majesty, the band, attorney Robert Cimino meeting the a n Queen of England, all in one week. Queen of England. Nevertheless, this is exactly what hap - my wonderful husband of 33 years and a pened during my recent whirlwind trip to fellow lawyer, Robert Cimino, was equally Scotland. Having attended law school at as excited to explore the infinite golfing Scotland’s University of Aberdeen, I was opportunities that Scotland has to offer. Vacation in Africa ............................. 13 invited by its current Principal, Professor But this was not to be our only adventure Automated membership ID cards here .4 Ian Diamond, to attend the official opening on this trip. I was informed by the Former SCBA President (1983-86) of the University’s Sir Duncan Rice Library. Judiciary’s partners from the Center for Honorable Frederic Block, Senior US My tremendous excitement to return to Court Innovation that Scotland was in the District Judge of the Eastern District of NY, speaking about his book, Disrobed , at Scotland B the site of so many wonderful early stages of exploring problem-solving a recent Author’s Night at the SCBA. The memories for me B became utterly uncon - justice reform, and that Scottish judges principal sponsor for the evening was tainable once I learned that the library was (some of whom are called “sheriffs”), offi - Lamb & Barnosky, LLP. (See more photos to be opened by none other than Her cials and scholars were keenly interested in on page 16.) Majesty, the Queen of England. Meanwhile, (Continued on page 24) PRESIDENT’S MESSAGE Tribute to Levon Helm ..................... 18 BAR EVENTS Book review – Disrobed ................... 12 Meet Your SCBA Colleague ............. 3 SCBA photo album .......................... 16 _______________________________ Be a Pro Bono Legal Articles Academy Offering Securitized Mortgage American Perspectives ..................... 23 Attorney for a Animal Law ...................................... 15 Foreclosures, Part one Bench Briefs ....................................... 4 November 19, 6 to 9 p.m. Consumer Bankruptcy ...................... 19 Returning Vet $150 for two parts or $85 for one part ____________________ Court Notes ........................................ 8 Bar Center By Arthur E. Shulman Arthur Shulman Education .......................................... 10 Learn new foreclosure strategies. Elder ................................................. 22 6 mcle for completion of 2 parts. I am happy to report that the Suffolk County Bar Association Is doing very Estate Planning ................................. 10 Part two is January 14 Immigration ...................................... 23 well and that the enthusiasm and participation of our members in the many Land Title ......................................... 12 Bar Association functions is overwhelming. Pro Bono .......................................... 15. On September 20, I had the great pleasure of celebrating my birthday at the Bar Association along with my wife, Ruth, when we attended an SCBA- Academy Offering Real Estate (Lieb) ............................. 18 sponsored author’s night at which time the Hon. Frederic Block, Senior Real Estate (Wallshein) .................... 20 Lawyers Helping Lawyers United States District Judge of the Eastern District of New York and a past November 16, 10 to 4 p.m. Technology ......................................... 5 president of the SCBA, spoke about his new book, Disrobed , an inside look A training program for all lawyers on helping Trusts and Estates (Cooper) ............. 19 at the life and work of a federal trial judge. Trusts and Estates (Harper) .............. 21 Judge Block’s comments about his book were riveting and extremely those suffering from addiction, depression and Vehicle and Traffic Law ................... 14 entertaining, especially his experiences concerning the many high profile other mental health issues. Views from the Bench ........................ 4 cases in which he was involved in his early years as a young attorney in Bar Center _______________________________ Suffolk County and the issues he dealt with during his year as President of $60, 5 mcle Academy News ................................ 32 the SCBA. I was all set to begin reading his book the next day, but my wife Among Us .......................................... 7 got to it first and enjoyed it immensely. All I heard for the next week while Book Review (McSweeney) ............. 22 she was reading the book was “Did you know this? or “Did you know that SCBA Holiday Party Calendar: Academy .......................... 32 Judge Block was involved in this?” By the time she finished the book, I Friday, December 7, 4 to 7 p.m. Calendar: SCBA ................................. 2 almost felt that I had already read the book. At the bar center. CLE offerings .............................. 28-29 I’d like to offer my special thanks to the law firm of Lamb & Barnosky Freeze Frame .................................... 17 (Continued on page 24) COMFOMCEURSCOIAN L & CORPORATE LAW SPECIAL EDITION 2 THE SUFFOLK LAWYER — NOVEMBER 2012 Suffolk County O“TheupurrposeMs andiobsjesctsifoor wn hich the Association is established shall be cul - tivating the science of jurisprudence, promoting reforms in the law, facilitating Bar Association the administration of justice, elevating the standard of integrity, honor and courtesy in the legal profession and cherishing the spirit of the members.” 560 Wheeler Road • Hauppauge NY 11788-4357 Phone (631) 234-5511 • Fax # (631) 234-5899 E-MAIL: [email protected] Join Our Leadership Board of Directors 2012-2013 The Nominating Committee of the Suffolk County Bar Association is seek - ing involved leaders interested in running for the following positions: presi - Arthur E. Shulman ............................................................................................. President dent elect; first vice president; second vice president; treasurer; secretary; four Dennis R. Chase ....................................................................................... President Elect (4) directors (terms expiring 2016) and three (3) members of the Nominating William T. Ferris III .......................................................................... First Vice President Committee (terms expiring 2016). The Nominating Committee is accepting Donna England ............................................................................. Second Vice President résumés from that interest in these leadership positions. Résumés may be sent John R. Calcagni ................................................................................................ Treasurer to the Executive Director at the SCBA, marked for the Nominating Patricia M. Meisenheimer ................................................................................. Secretary Committee. Michael J. Miller ..................................................................................... Director (2013) Hon. William B. Rebolini ........................................................................ Director (2013) The members of the Nominating Committee are: John L. Buonora, Ilene S. Wayne J. Schaefer .................................................................................... Director (2013) Cooper, Hon. John M. Czygier, Jr., Annamarie Donovan, Scott M. Karson, Thomas J. Stock ....................................................................................... Director (2013) Hon. Peter H. Mayer, Matthew E. Pachman, Sheryl L. Randazzo and Ted M. Hon. Andrew A. Crecca ........................................................................... Director (2014) Rosenberg. Diane K. Farrell ....................................................................................... Director (2014) -- LaCova Hon. John Kelly ....................................................................................... Director (2014) William J. McDonald ............................................................................... Director (2014) Hon. James P. Flanagan ..........................................................................