ST WE N Y LAW FIRM ... p. 6 AS I O R S O C I AT WCBA FEBRUARY 2015 | VOL. 2 | NO. 2 Becoming Proactive About CYBER SECURITY NT THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE BA LAW YER ESTER CO U westchester CH Have you renewed your WCBA membership for 2015? Renew today to keep your member benefits including: nMonthly Westchester Lawyer magazine n Discounted rates on over 50 CLEs and networking events n Build your practice by joining our Lawyer Referral Service ... p. 20 n A collective voice at the state and national bar levels and much more ... p. 5 Don’t miss out! n Send in the Express Renewal form ... p. 19, n Log in to www.wcbany.org, or n Call Membership Services at: 914-761-3707 ext. 50 In this issue... WCBA Annual Meeting: Registration Form, Proxy Form and Slate of Officers Hon. Anthony Scarpino Retires from the Bench Revocable or Irrevocable Trusts New Lawyers Leadership Awards Nominations WCBA/Pace Law School CLE Collaboration Court Reporters Help Record Veteran‘s Oral Histories ... and much more IN THIS ISSUE… AS I O BA R N Y WE NT ST ESTE R CO U CH S O C I AT WESTCHESTER LAWYER THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE Published by the Westchester County Bar Association One North Broadway, Suite 512 White Plains, NY 10601 Tel.: 914.761.3707 | Fax: 914.761.9402 Email: [email protected] | www.wcbany.org OFFICERS AND STAFF Dawn Kirby, Esq. PRESIDENT P. Daniel Hollis III, Esq. PRESIDENT-ELECT Stephanie L. Burns, Esq. VICE PRESIDENT Jon A. Dorf, Esq. VICE PRESIDENT Richard Vecchio, Esq. SECRETARY Julie Cvek Curley, Esq. ASSISTANT SECRETARY Kelly M. Welch, Esq. TREASURER David B. Bruckman, Esq., MS Tax ASSISTANT TREASURER Richard M. Gardella, Esq. EDITOR-IN-CHIEF Luis Rivera, Esq. EXECUTIVE DIRECTOR Michael Kremen, Esq. DIRECTOR OF OPERATIONS Mary Ellen McCourt DESIGN & PRODUCTION MANAGER BOARD OF DIRECTORS Mayo Bartlett, Esq. David B. Bruckman, Esq., MS Tax Salvatore DiCostanzo, Esq. Diana Bunin Kolev, Esq. Hon. Michael McDermott Stephanie Melowsky, Esq. Tejash Sanchala, Esq. Chauncey Walker, Esq. Submission of material to the WCBA for inclusion in the Westchester LAWYER, Bar Journal, Website or other WCBA publication grants the WCBA limited copyright and full permission to reprint the material in any WCBA publication, on the WCBA website, or with LexisNexis or Westlaw at any time without additional consent. Please note that any opinions expressed in the articles contained herein are solely those of the author(s) and do not constitute positions taken by the WCBA. ii I FEBRUARY 2015 I WESTCHESTER LAWYER p. 6 p. 9 p. 10 p. 17 p. 21 p. 26 p. 14 FEATURES 2 Slate of 2015 Officers and Directors and Proxy Voting Form 3 Annual Meeting & Past Presidents Dinner Registration Form 4 Chinese New Year & Passing the Bar Event Information 5 WCBA Member Benefits Listing 6 Becoming Proactve About Law Firm Cyber Security 9 The WCBA Recognizes and Thanks the Hon. Anthony A. Scarpino Jr. for His Service and Commitment to Judicial Excellence By David Menken, Esq. By Kevin H. Cohen, Esq. 10 Revocable or Irrevocable Trust: Which Trust is Better for Me and My Family? By Anthony J. Enea, Esq. 16 New Lawyers Leadership Awards: Call for Nominations 17 Court Reporters Volunteer to Help Record the Oral Histories of America’s Veterans By Debra A. Levinson 19 WCBA Sponsored U.S. Supreme Court Admission Trip 2015 20 WCBA Lawyer Referral Service Information 21 25 NYS High School Mock Trial Competition Begins in February By Michael Kremen, Esq. WCBA and Pace Law School Launch Partnership to Sponsor CLEs DEPARTMENTS 1 14 18 22 24 26 28 28 President’s Message By Dawn Kirby, Esq. Member Spotlight: An Interview with Richard M. Gardella By Tejash V. Sanchala, Esq. What’s Going On CLE Center Looking Forward From the Back Bench By Richard M. Gardella, Esq. Classifieds Advertising Rates FROM THE PRESIDENT BY DAWN KIRBY, ESQ. Score One For Democracy Welcome Newly-elected Judges I had jury duty last week. It reminded me of what our judicial system is like for the “civilians.” I was really quite impressed. A judge addressed the room, thanking everyone for their service and emphasizing how important it was for us to participate in the judicial process. With the events in Paris at the forefront of my mind, my heart was full of passion for the judicial system when I spoke on behalf of the WCBA in welcoming our four justices to the bench at the induction ceremony on January 13th. She reminded us that people’s liberty may be at stake—or we may simply see ordinary people who are in court with ordinary problems. We would be given an opportunity to see how difficult it is to serve as a juror. However, a jury of one’s peers is a very special right we have here in America. I went home that weekend and glued myself to the television set and CNN. For once, there really was “breaking news!” I watched as a significant portion of the world marched in Paris in support of freedom, justice, liberty, the right to free speech, and other rights such as the right to a speedy trial, a trial by a jury of your peers and against double jeopardy. I was enthralled watching people from different religions, countries, ethnic backgrounds, all standing up in unity in support of freedom and against terrorism. They were holding up pens, waving flags, exclaiming “Je suis Charlie!” It rekindled in my heart the profound appreciation for the civil freedoms and access to justice that we have in this country. However flawed the system may sometimes be, as attorneys and judges we are part of the backbone of our democracy. We have three new judges: Hon. Anne Minihan (County Court), Hon. Rachel Hahn (Family Court) and Hon. Arlene Katz (Family Court). We have one returning judge: Hon. James Hubert (Supreme Court). Welcome to each of you. Your speeches at the induction were moving. I know your wise minds will serve us well. Thank you for your service in presiding over justice here in Westchester County. Congratulations to our Newly-nominated WCBA Officers and Directors Congratulations to our new slate of future leaders of the WCBA! I won’t spoil the surprise. See page 2 for the full list. See someone you know? Join me at the Annual Meeting & Past Presidents Dinner Please support our new slate of officers and directors by joining me on March 4, 2015, at our annual meeting where the WCBA membership votes on the slate of officers and directors. If approved, they will be inducted into office at our Annual Banquet on May 7th. SAVE THE DATE | ANNUAL BANQUET 2015 SPONSORSHIPS ARE AVAILABLE Thursday, May 7, 2015 | 6:00 pm WCBA’S 117TH ANNUAL BANQUET & Induction of Officers and Directors All include pre- and post-event publicity in the Westchester Lawyer and on the website. Cocktail Reception 6:00 pm Dinner Meeting 7:00 pm Table of ten, seating on the dais, outside back cover full page ad in the Banquet Journal 2 tickets, ½ page ad in the Banquet Journal. Join us for our annual induction of officers and directors with cocktail reception, dinner, address by featured speaker and souvenir journal. Diamond Sponsor – $4,000 1 ticket, ¼ page ad in the Banquet Journal. Hilton Westchester Gold Sponsor – $2,500 699 Westchester Ave, Rye Brook, NY Platinum Sponsor – $5,000 Table of ten, preferred seating, a diamond border full page ad in the Banquet Journal. 5 tickets, a gold border full page ad in the Banquet Journal. Silver Sponsor – $1,500 Bronze Sponsor – $750 Souvenir Journal ads are also available. For more information: [email protected] 914-761-3707 ext. 50 WESTCHESTER LAWYER I FEBRUARY 2015 I 1 WCBA ANNUAL MEETING: IMPORTANT DOCUMENTS WE TO SERVE AS OFFICERS President P. Daniel Hollis III President-Elect Kelly M. Welch Vice President Stephanie L. Burns Vice President Richard Vecchio Treasurer John R. McCarron Jr. Asst. Treasurer Wendy M. Weathers Secretary Diana Bunin-Kolev Asst. Secretary Hon. Linda S. Jamieson TO SERVE AS DIRECTORS James L. Hyer Andrew P. Schreiver Hon. Robert A. Spolzino Sherry Levin Wallach TO SERVE ON THE 2015 NOMINATING COMMITTEE Julie Cvek Curley Jody Fay Lucille Fontana Kyle-Beth Hilfer Dawn Kirby Jerold R. Ruderman Nancy Rudolph ATTENTION ALL CHAIRS AND CO-CHAIRS N Y AS I O BA R The following slate of officers and directors will be voted on by the membership at the Annual Meeting of the Westchester County Bar Association on Wednesday, March 4, 2015. ESTE R CO NT 2015 SLATE OF DIRECTORS AND OFFICERS CH U The Nominating Committee of the WCBA announces the ST List of Nominees, Proxy, Chairpersons Reports Due S O C I AT WESTCHESTER COUNTY BAR ASSOCIATION ________________________________ PROXY* KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned, an active member in good standing of THE WESTCHESTER COUNTY BAR ASSOCIATION, hereby acknowledges receipt of NOTICE OF ANNUAL MEETING OF THE WESTCHESTER COUNTY BAR ASSOCIATION to be held Wednesday, March 4, 2015, and by these presents does constitute and appoint President and Immediate Past President as alternate and each of them, attorneys and agents with power of substitution, as his or her proxy to attend the Annual Meeting of the WESTCHESTER COUNTY BAR ASSOCIATION to be held at seven o’clock in the evening on that date at the MAMARONECK BEACH AND YACHT CLUB, MAMARONECK, NY, or any adjournment thereof, with full and complete power to vote and act in the undersigned’s name and stead in the manner and with the same power and effect as if the undersigned were personally present at such meeting, hereby revoking any and all other proxies heretofore given by me to any persons whatsoever. ________________________________________ Sign Full Name ________________________________________ Print Full Name Date ______________________, 2015 Annual Section and Committee Reports were due January 30, 2015. Please RETURN signed PROXY Please send your reports as a PDF or WORD document to Mike Kremen at [email protected] as soon as possible! Thank you! via email to [email protected] 2 I FEBRUARY 2015 I WESTCHESTER LAWYER by February 23, 2015 or Fax (914) 761-9402 2015 Thanks to our Platinum Sponsors WE S T CHE S T E R C O U N T Y B AR ASSOC IATION Hudson Valley Bank Annual Meeting Shamberg Marwell Hollis Andreycak & Laidlaw, P.C. & PAST PRESIDENTS DINNER Wednesday, March 4, 2015 MAMARONECK BEACH & YACHT CLUB 555 S outh B arry A venue , M amaroneck , NY We invite you to join us for our cocktail reception and dinner honoring our Past Presidents and conducting our Annual Meeting and election of officers and directors. WCBA COCKTAIL RECEPTION: 6:00 pm DINNER MEETING: 7:00 pm Honoring: Hudson Valley Bank This year the WCBA is pleased to acknowledge and thank Hudson Valley Bank for its ongoing loyal and generous support of the Westchester County Bar Association. Each year the Bank’s numerous sponsorships allow us to provide a diverse group of offerings to our members including CLEs, weekly eblasts and networking events. Hudson Valley Bank has supported the Association’s banking needs with exemplary levels of service. Tickets: $75 on or before February 25 $90 after February 25 Table of Ten: $650 on or before February 25 $750 after February 25 Sponsorship opportunities are still available. All sponsorships include pre- and post- event publicity in the Westchester Lawyer magazine, in e-news and on the website. Diamond Sponsor:$4,000: 10 tickets plus full page ad in the Magazine Gold Sponsor: $2,000: 5 tickets plus half page ad in the Magazine Silver Sponsor: $1,000: 2 tickets plus quarter page ad in the Magazine Bronze Sponsor: $ 500: 2 tickets plus business card ad in the Magazine Reservation and Payment Information q I would like to make ______ reservations. q I would like to reserve a Table of Ten. q I would like to be a sponsor. (For information: [email protected]) Name_________________________________________________ Email_________________________________________________ Firm _______ ___________________________________________ Bus. Phone _____________________________________________ Section & Committee Co-chair Reports Due: Committee/Section Reports were due January 30, 2015. Please submit as soon as possible. __ Tickets: $75 ea. (before Feb. 25) __ Tickets: $90 ea. (after Feb. 25) __ Table of Ten: $650 (before Feb. 25) __ Table of Ten: $750 (after Feb. 25) $ __________ $ __________ $ __________ $ __________ Sponsorships __ Diamond: __ Gold: __ Silver: __ Bronze: $4,000 $2,000 $1,000 $ 500 Total Enclosed $ __________ $ __________ $ __________ $ __________ $ __________ Name(s): (For a table of 10 please submit names on a separate sheet) PHONE EMAIL _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $__________ OR CHARGE $ _______ q MASTERCARD q VISA q AMERICAN EXPRESS q DISCOVER CARD CARD NUMBER __________________________________________________________________________ EXP. DATE _________ SEC. CODE ___________ CREDIT CARD BILLING ADDRESS _______________________________________________________________________________ ZIP CODE ____________ NAME ON CARD ________________________________________________________________________________________________________________ How to submit this application and payment ONLINE: go to our website Calendar at wcbany.org. EMAIL: scanned form to [email protected] FAX: form to: 914-761-9402 MAIL: form and check made out to: “WCBA” TO: WCBA, One North Broadway, Suite 512, White Plains, NY 10601 WESTCHESTER LAWYER I FEBRUARY 2015 I 3 The Elder Law Committee, the New Lawyers Section and Pace Law School’s Office of Development and Alumni Relations present Two Annual Networking Events in One! & Thursday, Feb. 26, 2015, 5:30 pm-7:30 pm Chinese New Year Passing the Bar Lawyers and professionals serving the elder care industry You’ve recently passed the NY, NJ or CT State Bars! The Elder Law Committee invites you to join them for the fifth annual Chinese New Year reception and dinner. A proven fun time for all. The WCBA’s New Lawyers Section and Pace Law School cordially invite you to join us and celebrate this achievement. Elder law attorneys, affiliate members who are providers to the elder care industry, members of the judiciary and recently admitted attorneys... Join us for a fun time! Celebrate and network while enjoying great food in a warm and inviting atmosphere. Tickets: (includes dinner) $35 before Feb. 19 $50 after Feb. 19 New Location! Red Plum Restaurant SPONSORSHIPS AVAILABLE Contact [email protected] Golden Fortune $500 Silver Success $250 91 Mamaroneck Ave. White Plains, NY REGISTRATION FORM ONLINE: go to the Calendar on our website, www.wcbany.org MAIL: form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601 EMAIL: this scanned form to [email protected] FAX form to: 914-761-9402 NAME(S) _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______ FIRM___________________________________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER __________________________________________________ EXP. DATE _____________ SEC. CODE ______________________________ CREDIT CARD BILLING ADDRESS ____________________________________________________________ ZIP CODE _______________________________ NAME ON THE CARD _____________________________________________________________________________________________________________ 4 I FEBRUARY 2015 I WESTCHESTER LAWYER W C B A M E M B E R B EN EFITS BUSINESS DEVELOPMENT/COACHING & STRATEGY MARKETING PARTNERS: WCBA members receive the friends and family discount on coaching, training or retreat planning. Contact Carol Schiro Greenwald at 914-834-9320. CREDIT CARD PROCESSING CYNERGY DATA: WCBA members receive discounted rates that average 20% below current industry rates. For a free rate comparison contact Dr. Alan Guber at 914-329-0280 or [email protected] COURT REPORTING DALCO REPORTING: 20% off court reporting services, courtesy of DALCO Reporting, for new WCBA members on your first deposition scheduled. Contact 914-684-9009. HEALTH, FITNESS & WELLNESS HEALTHY FIT FOR WOMEN: $0 Enrollment on Annual Membership (Save $199) at Healthy Fit for Women in Mamaroneck. Contact Jane Neilsen at 914-670-0600. THE WHITE PLAINS YMCA offers 20% off Adult and Household I & II membership rates and waiver of the Joiner’s fee. Contact Linda Dilazzaro 914-949-8030 / www. whiteplains.ymca-cnw.org. INSURANCE The following are the WCBA’s preferred insurance vendors, who offer WCBA members discounted rates, special programs and superior service. For more information visit our homepage at www.wcbany.org. Group Health & Employee Insurance Charles Newman CLU, the local insurance agent for the WCBA, is available for consultation in Hawthorne at 914-345-1000 or email [email protected] Access to group health insurance and employee benefits through The Charles J. Newman Co. Contact Charles J. Newman CLU at 914-345-1000 or email him at [email protected] charlesnewman.com. Home, Auto & Umbrella Coverage Home, auto, valuable articles, and umbrella liability insurance through ACE Private Risk Services, contact Jeff Pitcher at (914) 3812040 (ext.13) or [email protected] Long Term Care Long Term Care Insurance through New York Life Insurance, contact Lucy Banko at 914253-7214 or [email protected] SPECI AL DISCOUNTS ON ESSENTIAL PRODUCTS AND SERVICES Vision Coverage WCBA Vision Plan through VSP. For more information contact Irene Walton at 800952-4050 ext. 4765. PAYROLL PROCESSING Term Life Insurance Up to $1million of coverage available. Call Plan Agent, Gallagher Bolinger email [email protected] or call 800-952-4050. POSTAL SERVICES PAYCHEX: 25% off Payroll Services. Contact Chris Dress at 914-646-5860. LAW PRACTICE MANAGEMENT: BILLING ANDREA PRIGOT: We offer WCBA members a 20% discount on new licenses of PCLaw, Time Matters and Billing Matters – for new customers only. Contact Andrea Prigot at 914-738-9148. LEGAL PUBLICATIONS & RESEARCH LEXISNEXIS: 20% off new purchases including ONLINE and PRINT materials. WCBA members receive 20% off the purchase of on-line research for new subscribers; 20% off of Matthew Bender guide books and treatises and other print titles. Contact Dan Zilker: at 914-293-7444 or [email protected] WESTLAW: Members receive 17-25% off new WestlawPro Subscriptions and 20% off Westlaw Titles. Contact Charles Heggers at 914-309-9070. UNITED PARCEL SERVICE: Exclusive access to the UPS Savings Program which provides great discounts on UPS domestic air and international services. By enrolling in the UPS Savings Program, you can save up to 26 percent on these services. Enroll at http://savewithups.com/wcba/ PROFESSIONAL OFFICE SPACE & VIRTUAL OFFICES STARK OFFICE SUITES: Full-time office space and virtual office plans. Locations: Westchester: White Plains, Scarsdale, Rye Brook, Harrison & Mt. Kisco CT: Greenwich & Stamford NYC: 60 E. 42 St., One Grand Central Place We will waive the set up fee for any program for WCBA members. Contact Tracey Di Brino at 914-220-8390, or [email protected] PROCESS SERVER INTER COUNTY JUDICIAL SERVICES Significant Discount for Process Service for WCBA members. GPS tracking on all attempts statewide. Call 914-328-1069. Please mention you are a member when calling. LEGAL SOFTWARE FINEST SERVICES: 10% off process serving. Call 845-268-8138 and please identify yourself as a member when you place the order. MYCASE: is the premier all‐in-one web-based legal practice management software. MyCase offers features that seamlessly cover all the daily functions that a modern solo and small law firm requires. With this cloud-based software, lawyers can work from anywhere at anytime, significantly increasing productivity. Legal Process Services & Investigations AND MANY MORE WCBA EXCLUSIVES Current pricing is $39/month for attorneys and $29/month for paralegals and staff. MyCase will offer a 10% off lifetime discount to WCBA members. www.mycase.com. Contact: Stephanie Phelan at 805-364-5727; [email protected] OFFICE SUPPLIES WB MASON: WCBA members receive special discounts on office supplies, coffee, water, snacks and office furniture. Located in Stamford, CT WB Mason offers free, next day delivery with no minimum order size on all of your supply needs. Contact Walter Eisenberg at 914-804-1067, [email protected] or your local sales rep and mention, “WCBA Member Benefits.” More than 50 WCBA CLE programs each year, for free and/or at reduced rates. Usually at less than $25 per credit hour! More than 50 active committees & sections to advance your career Access to members only web pages A bi-weekly e-newsletter with current listings of CLEs and events Free subscription to Westchester Lawyer Magazine Free subscription to the Westchester Bar Journal A collective voice at the state and national level Numerous social events & activities providing unique networking opportuni- ties, including: Meet the Judges Reception, BBQ & Blues Party, Annual Golf Outing, Happy Hour socials Eligibility to participate in the ABA retirement program Fee dispute resolution & mediation programs For more information visit the “Member Benefits” section of our website or contact [email protected] WESTCHESTER LAWYER I FEBRUARY 2015 I 5 BECOMING PROACTIVE ABOUT LAW FIRM CYBER SECURITY BY DAVID MENKEN, ESQ. “During the early morning hours of June 27, 2014, a hard drive containing backup files for one of the firm’s servers was stolen from the locked trunk of an employee’s vehicle…. We have confirmed that the hard drive may have contained your name, birthday, Social Security number, driver’s license number and contact information, such as your home address, email and phone number.”1 This breach did not happen to a big-box store. It happened to a criminal defense law firm in California, and the admission was in a letter to “Late Tuesday night Seattle Public Schools learned that a law firm an undisclosed number of people, retained by the district to handle a complaint against the district presumably current clients, past clients, inadvertently sent personally identifiable student information to employees, and any other individual an individual involved in the case. The district promptly removed whose personal information was stored the law firm from the case….”2 in the stolen hard drive, apparently in unencrypted form. The “personally identifiable information” was apparently sent to just one unauthorized person, but the client was compelled to write to every parent and the law firm was fired. T hese are not isolated incidents. Law firms are increasingly becoming targets of hackers who realize that lawyers, while mostly good at being lawyers, are often terrible at securing their data. The ABA Cybersecurity Legal Task Force estimated that 80 percent of the 100 largest U.S. law firms were subject to successful data breaches by malicious intruders in 2011. 6 I FEBRUARY 2015 I WESTCHESTER LAWYER That year, the U.S. government labeled New York City’s 200 largest law firms “the soft underbelly” of hundreds of corporate clients.3 The Ponemon Institute recently estimated that the average cost of a data breach to a company is $3.5 million.4 Direct costs of a breach include client and employee notification (plus notification to anyone else whose personal information was compromised, such as individuals disclosed in discovery), investigation expense, crisis management, costs of legal defense, and civil and regulatory liability which can include damages, fines and penalties. Indirect costs can eclipse direct costs when one includes negative publicity, damaged goodwill and eroded client and employee confidence. LAWYERS ARE OBLIGATED TO PROTECT CONFIDENTIAL INFORMATION Rules 1.1 and 1.6 of the ABA Model Rules (which have their counterparts in the NY Rules of Professional Conduct) speak directly to confidentiality and clearly confidentiality depends on strong data security. Rule 1.1, regarding attorney competence, provides that “[a] lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”5 Note 8 to that Rule specifically provides that “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology....”6 Rule 1.6(c) provides in pertinent part that “[a] lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”7 WHAT IS A DATA BREACH? New York law defines a data breach as the “unauthorized acquisition … of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a business.”8 “Personal information” is “any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person.”9 Forty-seven states, DC, Guam, Puerto Rico and the Virgin Islands have enacted laws requiring private entities or the government to notify individuals of security breaches involving personal information. Under New York’s data breach notification law,10 even if only one New York resident is to be notified, the breached entity must also inform the Attorney General, the Department of State and the State Police. Plus, if more than 5,000 New York residents are notified at one time the three consumer reporting agencies must also be notified. (continued on page 12) Best Practices for Data Security 1. Encrypt sensitive information, especially if it contains data protected by Federal (such as HIPAA) or State law, and especially if it can leave the building physically or via an unsecured network. Encryption is a safe harbor under most data breach laws, including New York’s.11 2. Conduct a cyber audit, adopt a written information security program, and plan now on response to a data breach, so that you can respond expeditiously and confidently, and minimize your damages—if it happens to you. That means knowing how to stop the breach, who to call for help, and when and how to notify clients, colleagues, your insurer and the authorities. 3. Implement a “Bring Your Own Device” policy. Devices that are not dedicated exclusively to the office should be subject to a “Bring Your Own Device” policy that strictly monitors access to the firm’s network and mandates up-to-date security controls. 4. If you store data in the cloud, as permitted with conditions by NYSBA Ethics Opinion 842 (9/10/10),12 take “reasonable care” to ensure that the service you use is secure. 5. Train and re-train employees to be cyber-security aware so that they become barriers to entry by crooks and do not intentionally or inadvertently cause the removal of personal information from the workplace or via unsecured wireless connections. 6. Develop robust disposal policies of paper and electronic files and also of equipment. Sanitize USB and hard drives before they are discarded. Photocopiers and fax machines have hard drives that contain scans of documents that pass through them, so find out what the copier guy does with the hard drive after the machine is wheeled out the door. 7. Develop minimum security standards. If practical, stipulate with opposing counsel to the redaction of personal information (such as social security numbers) that cyber thieves would find more important than the parties. If not possible, stipulate to minimum security standards. 8. Consider carrying cyber insurance that will require implementation of best security practices. WESTCHESTER LAWYER I FEBRUARY 2015 I 7 SPONSORSHIP OPPORTUNITIES ARE AVAILABLE To discuss sponsoring a CLE or other event, please contact [email protected] 8 I FEBRUARY 2015 I WESTCHESTER LAWYER On the Occasion of His Stepping Down From the Bench... The WCBA Recognizes and Thanks the Hon. Anthony A. Scarpino Jr. for His Service and Commitment to Judicial Excellence BY KEVIN H. COHEN, ESQ. A fter 14 years as Westchester County Surrogate, the Hon. Anthony A. Scarpino Jr. has announced that he is stepping down from the bench, effective January 31, 2015. The Westchester County Bar Association would like to thank Judge Scarpino for the significant contributions he has made to our community. The Trusts and Estates Section is particularly appreciative of his involvement with the Section, which extended well beyond his learned, thoughtful approach from the bench. Judge Scarpino was exceedingly receptive to the concerns of the Bar and worked hard to resolve any issues addressed by the Trusts and Estates Section. Despite recent cuts in Surrogate’s Court personnel, Judge Scarpino and his staff remained dedicated in their service to the community. His genuine care and appreciation for the attorneys practicing before him was always apparent. He collaborated with the Westchester County Bar Association and Chief Clerk Joseph Accetta to implement an informative continuing legal education program at the Surrogate’s Court, which was free of cost and open to attorneys of all levels. Through these programs, practitioners were able to better understand Surrogate’s Court practice and gain valuable insight on issues relevant to trusts and estates attorneys. The quarterly seminars ensured that guardians ad litem appointed by the judge were qualified to serve. Due to his efforts, the eligibility and participation of guardians ad litem in this county has expanded to over 700 attorneys. Judge Scarpino’s educational efforts did not stop with legal practitioners. While serving as Surrogate, he expanded the court’s work with interns to include not just law students but also high school and college students with an interest in law. The internship program was a success as it was not uncommon for trusts and estates attorneys to hire one of the interns directly from the court. Furthering his community involvement and his interest in education, Judge Scarpino is an adjunct professor at Pace University Law School where he is also a member of the board of visitors. In addition, he teaches at Mercy College, West- chester Community College and at Iona College’s Criminal Justice Department. He has been recognized by many organizations including the Westchester County Bar Association, the Westchester Women’s Bar Association, the Columbian Lawyers Association and Iona College for his achievements, his service to the legal community and his pro bono service. The Westchester County Bar Association, and in particular the Trusts and Estates Section, thanks Judge Scarpino for his tremendous service. He has served as an exemplary leader in Westchester County. His legacy will endure through the changes he has implemented and the people he has touched through his work throughout the county. Kevin H. Cohen, Esq., is the managing member of the Law Offices of Kevin H. Cohen, P.C. which focuses on all aspects of trusts and estates law. Mr. Cohen is a cochair of the Westchester County Bar Association's Trusts and Estates Section and is the Ninth Judicial District Representative for the New York State Bar Association's Trusts and Estates section. WESTCHESTER LAWYER I FEBRUARY 2015 I 9 REVOCABLE OR IRREVOCABLE TRUST: WHICH TRUST IS BETTER FOR ME AND MY FAMILY? BY ANTHONY J. ENEA, ESQ. M y clients always ask me whether an irrevocable trust is better than a revocable living trust and vice versa. To their dismay the answer is that one is not better than the other, that they are both excellent estate and elder law planning tools and depending on what unfettered control over the assets transferred to the trust during his or her lifetime. He or she can also specify to whom and in what amounts/ percentages the assets titled in the trust are to be distributed upon his or her demise. At death of the creator(s) the revocable trust be- without court intervention required with the probate of a last will & testament. The revocable living trust in essence can accomplish all that is accomplished with the use of a last will & testament while avoiding the necessity of probate. The one essential for the effec- The avoidance of the probate process and associated legal fees, costs and delays is the primary reason for the use of a revocable living trust. their objectives are they both can be of significant value when used as part of their planning. A revocable living trust is a trust agreement that is amendable and revocable during one’s lifetime. The creator(s) of the trust can be both the creator and the sole trustee (alternate trustees can be appointed). Thus, giving him or her full and 10 I FEBRUARY 2015 I WESTCHESTER LAWYER comes irrevocable, and thus, the assets titled in the name of the trust will not be subjected to probate upon his or her death. Upon the death of the creator(s) the named trustees of the trust will then be able to make payments of the decedent’s bills, taxes and expenses and make distributions to the named beneficiaries of the trust tive utilization of a revocable trust is that one’s assets, such as bank accounts, stocks, bonds and real property (house, condo, co-op) must be titled (re-titled) in the name of the trust. The trust does not control assets which are not titled in its name. The revocable living trust also has added advantages of allowing the alternate named trustees to man- age the trust assets in the event the creator of the trust becomes incapacitated or disabled. However, the revocable living trust is not the vehicle to be utilized if your goal is to protect assets from the cost of long term care (in home care and/or nursing home) as the assets titled in its name are considered available resources for purposes of ed and/or revoked by the creator, and neither the creator and his or her spouse should be appointed as trustee of said trust. The primary purpose of the irrevocable medicaid asset protection trust is to shelter assets so that if one needs home care and/or nursing home care services in the future that the assets titled in the name of to reside in and utilize any real property transferred to the trust during their lifetime. The trust creator will continue to be able to utilize any tax exemptions available such as STAR, senior citizens and veterans and will also be available to take advantage of the personal residence exclusion for income tax purposes in the event the residence is sold. Perhaps, the most common irrevocable trust being utilized by seniors today is an irrevocable medicaid asset protection trust... Medicaid eligibility, and Medicaid can impose a lien/claim against the assets titled in the name of the revocable living trust. The avoidance of the probate process and associated legal fees, costs and delays is the primary reason for the use of a revocable living trust. With respect to the irrevocable trust, there are various types of irrevocable trusts with differing purposes and objectives. For example, if you want to gift assets during your lifetime to a trust to be used for the benefit of your children and/or grandchildren an irrevocable trust might be an appropriate vehicle. If you have a disabled child and/or grandchild, an irrevocable special needs trust is often utilized. If you have significant life insurance assets and do not want the assets to go outright to the beneficiary, and do not want the life insurance death benefit to be part of your taxable estate, an irrevocable life insurance trust is often utilized. Perhaps, the most common irrevocable trust being utilized by seniors today is an irrevocable medicaid asset protection trust also referred to as an irrevocable income only trust. Unlike a revocable living trust, this irrevocable trust cannot be amend- the trust are not counted as available resources for purposes of Medicaid eligibility and are not resources against which Medicaid has a claim and/or lien against for the value of the series they have provided. The transfer of assets to the irrevocable trust will disqualify the creator of the trust and his or her spouse from eligibility for nursing home Medicaid, (not home care Medicaid) for five years (“the look back period”). However, once the five years have elapsed, the assets in the trust are no longer available resources for purposes of Medicaid eligibility and Medicaid cannot file a claim and/or lien against the trust assets. This trust is ideal for individuals wanting to protect their home and a portion of their life savings against the ravages of the cost of long term care. With the average cost of a nursing home in the New York metropolitan area being in excess of $15,000.00 per month, failing to do so can have dire consequences. Unlike the revocable trust, this trust does not allow the trustees to distribute the trust principal to or for the benefit of the creator(s). However, the trust creator(s) can receive any income generated by the trust assets and have the right Additionally, while the trustees cannot distribute trust principal to the creator(s), the creator(s) can give the trustees the power to distribute principal and income to their children and others. This can be of value if access to the trust principal is ever needed. Like the revocable trust, the assets titled in the name of the irrevocable trust will not be subjected to the probate process. As can be seen from the above, it is really not a question of which trust is better, but a question of one’s comfort level and the goals and objectives one is seeking to accomplish. This article was previously published in the Westchester County Business Journal. Anthony J. Enea, Esq., is the managing member of Enea, Scanlan & Sirignano, LLP. He is a past president of the Westchester County Bar Association and is the president of the Westchester County Bar Foundation. Mr. Enea is the immediate past chair of the Elder Law Section of NYSBA, is a past president and a founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA) and is a member of the Council of Advanced Practitioners of NAELA. WESTCHESTER LAWYER I FEBRUARY 2015 I 11 CYBER SECURITY (continued from page 7) There is another important entity to notify of a data breach: the malpractice insurance carrier. There must be few calls less desirable to make than that to the malpractice carrier, putting it on notice of a data breach, especially if the breach was reasonably avoidable. WHAT LAWYERS NEED TO DO Risk of a breach can never be entirely prevented, but it can be minimized by exercising proper security precautions. It would be wise, therefore, to consider adopting the steps as “best practices” from a data security perspective listed in the box on page 7. Safeguarding information simply makes good business sense. When our clients and our colleagues see that we care about the security of their personal information we increase their confidence in us as individuals and as a profession. ENDNOTES 1 http://www.databreaches.net/law-firm-notifies-employeesafter-vendors-server-accessed/. 2 http://www.seattleschools.org /modules/cms/pages. phtml?sessionid=&pageid=320090 3 http://www.sddt.com/reports/article.cfm?RID=955&SourceCo de=20130916cwa&_t=Make+sure+your+attorney+protects+yo ur+personal+information#.VH4kI6x0z_Q 4 http://www.ponemon.org/blog/ponemon-institute-releases- 12 I FEBRUARY 2015 I WESTCHESTER LAWYER 2014-cost-of-data-breach-global-analysis 5 http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/ rule_1_1_competence.html. 6 http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/ rule_1_1_competence/comment_on_rule_1_1.html. Emphasis added. 7 https://www.google.com/search?sourceid=navclient&aq= &oq=aba+model+rules+1.1+note+8&ie=UTF-8&rlz=1T4GG HP_enUS438US438&q=aba+model+rules+1.6&gs_l=hp..3.4 1l1066.0.0.2.28194...........0. 8 N.Y. Gen. Bus. Law §899-aa(1)(c). 9 N.Y. Gen. Bus. Law §899-aa(1)(a). 10 N.Y. Gen. Bus. Law §899-aa(8). 11 A NYSBA ethics opinion recently advised that a law firm may give its lawyers remote access to client files, so they can work at home, only if the firm determines that the particular technology used provides reasonable protection to client confidential information or if the client gives informed consent. NYSBA Ethics Opinion 1019 (8/24/14). 12 NYSBA Ethics Opinion 842 (9/10/10). David Menken, Esq., advises clients on matters involving information technology, privacy and data security at Smith, Buss & Jacobs, LLP. He was founder and first chair of the WCBA’s Intelectual Property Committee. He can be reached at [email protected] Refer the case to a Florida law firm you can trust. 25% referral fee paid in accordance with Florida Bar Rules See our website for client testimonials and our credentials. 1-800-GOLD-LAW · 800GOLDLAW.com Auto Accidents · Premises Accidents · Medical Malpractice Nursing Home Neglect & Abuse · Wrongful Death Heart Attacks in Public Places S E R V I N G S O U T H F L O R I D A · M A I N O F F I C E : W E S T PA L M B E A C H For Personal Attention, please Call Tom Copeland, Marketing Director, with your Florida Personal Injury Case Referrals at (561) 697-4440. Follow the President on Twitter Craig Goldenfarb @WCBApresident WESTCHESTER LAWYER I FEBRUARY 2015 I 13 MEM B E R S P O TLIG H T Richard M. Gardella, Esq. WCBA Past President (1997-1999) WCBF Past President Editor-in-Chief of this Magazine WCBA member for 42 years Current job and type of practice: Of counsel to the firm of Bertine, Hufnagel, et al. and of counsel to Wayne D. Esannason, village attorney of the Village of Scarsdale. The focus of my practice is municipal law. Why I wanted to be a lawyer: My late brother, Judge George J. Gardella, urged me to become a lawyer. It took him nine years to get me to go to law school. I was happy as a newspaper reporter and editor, but eventually I decided I needed new challenges and followed my brother’s urging. My mentors in the legal field: The late Mort Zucker and the late Judge John Heeee’s out! P l ay i n g f i rst b a s e i n Holden — both were members of the Cooperstown, NY, in 2014. position was soon followed by my City of White Plains Law Department. assumption of the Scarsdale Village A turning point in my legal career: Attorney position and a legal career A New Jersey recruiter contacted me devoted to municipal law. about an opening as corporation counsel for the City of Rye. The taking of that Some of my successes include: My first In this column, Board Member and Labor & Employment Law Committee Co-chair Tejash V. Sanchala, Esq., interviews members about their experiences and insights. Tejash welcomes your comments and suggestions for future columns. He can be reached at [email protected] appeal before the Appellate Division, Second Department, not only resulted in the reversal of a murder conviction for my assigned client, but the unanimous court also dismissed the charges. Three decade long litigation battles involving land use also ended favorably. Two in Rye involved the preservation of the Jay Mansion and the building of senior citizen housing. One in Scarsdale involved the sale of land by the village. The land had been gifted to the village by the late Harry Winston, the famous jeweler. The last thing I did to improve my skill set as a lawyer: Attending an IMLA conference in Baltimore, Maryland, in September. IMLA stands for International Municipal Lawyers Association. Attendance at such conferences broadens my contacts and exposes me to new municipal law developments. WCBA’S CONFERENCE ROOM IS AVAILABLE! HALF-DAY RATES: $ 75 / WCBA members $125 / Non-members For information: [email protected] 914-761-3707 x 10 14 I FEBRUARY 2015 I WESTCHESTER LAWYER If I were not practicing law, I would be: A struggling novelist. of being true to myself and expressing the certainty I felt. Another time a lawyer friend scolded me, pointing out that the trial was not about me, but about my client. I had expressed worries to him about an upcoming trial. People may be surprised to learn: That I became a professional writer in the Army. What I splurge on: My baseball habit. I will travel anywhere to play first base. The best hour of my day is: Dinnertime Favorite movies: It’s a Wonderful Life with James Stewart; Scrooge with Alastair Sim; Tunes of Glory with Alec Guinness, and Glory with Morgan Freeman and Denzel Washington. My favorite vacation spots: Ogunquit, Maine, and Wind Whistle, South Island, New Zealand. Three things I can’t live without: My family (which includes my wife, two sons and three grandchildren), my U.S. citizenship and liberty. My favorite things to do in Westchester: Dining out—some of my favorites include Hard at work as an army public information specialist in Germany in 1959. Kraft Bistro in Bronxville, Ernesto’s in White Plains, Sam’s Gedney Tavern in White Plains and Harvest on the Hudson in Hastings—and hiking in Ward Pound Ridge Reservation with my wife. Best advice I ever got: After my assigned client was acquitted on burglary charges following a weeklong trial a jury man took me aside. He told me: “you know that humble bit…get rid of it. The women don’t like it.” In my summation, I tried to be humble Abe Lincoln instead My advice to new lawyers: Don’t go it alone. Look for mentors and don’t be afraid to ask questions. Also don’t make the second mistake. The second mistake is refusing to admit the first mistake and failing to learn from that first mistake. Finally, honesty is not just the best policy. It is the only policy. My favorite part of being a WCBA member: Meeting and socializing with lawyers. Also the opportunity to write about the past in order to illuminate the present and suggest the future. (See page 26 for Mr. Gardella’s monthly column, From the Back Bench.) THE LAW OFFICES OF Sher, Herman, Bellone and Tipograph, PC ESTABLISHED IN 1970 is pleased to announce the relocation of their Westchester offices to 5 Waller Ave., Suite 303, White Plains, NY 10601 our firm will continue to concentrate in the areas of Worker’s Compensation & Social Security Disability referral fees paid as allowed by the ethics rules. www.newyorkworkerscompensationlawattorney.com 914.358.9932 WESTCHESTER LAWYER I FEBRUARY 2015 I 15 C ALL F O R N O M IN ATION S WCBA’s 3rd Annual New Lawyers Leadership Awards Deadline for Nominations: March 31, 2015 Sponsored by the New Lawyers Section Nominate the Future Leaders of Our Association n Do you have a friend or colleague practicing less than 10 years who Previous Leadership Award Winners n Do you know someone who serves their profession and community 2013 n Do you know a person who has demonstrated leadership qualities Michael Del Vecchio Kelly Kamen Joshua Levin Eon Nichols consistently goes above and beyond? with integrity and distinction? deserving of recognition? n Now is your chance to recognize a new lawyer who will contribute to the future of our profession and association! The WCBA is calling for nominations for our 3rd Annual New Lawyers Leadership Awards to recognize new lawyers who demonstrate excellent leadership qualities either in their legal careers or in their communities. 2014 Karen Beltran Diana Bunin-Kolev Jared Hand James Hyer To nominate one of your colleagues: Contact Michael Kremen, Esq., at [email protected] Sponsorship opportunities are available: Contact Luis Rivera, Esq., at [email protected] CLARK, GAGLIARDI & MILLER, P.C. SERVING THE INJURED SINCE 1907 “It costs no more to go with the best. I refer my serious personal injury cases to Clark, Gagliardi & Miller.” Brad R. Sacks, Esq. Henry G. Miller Lucille A. Fontana Robert J. Frisenda Angela M. Giannini John S. Rand 99 Court St., White Plains, NY 10601 / (914) 946-8900 / www.cgmlaw.com 16 I FEBRUARY 2015 I WESTCHESTER LAWYER Benefit WCBF Court Reporters Volunteer to Help Record the Oral Histories of America’s Veterans BY DEBRA A. LEVINSON ... Whereas, whether called the scribes of yesterday or the court reporters and captioners of today, the individuals who preserve our nation’s history are truly the guardians of the record: Now, therefore, be it RESOLVED, That the [Senate]— (1) Designates February 15-21, 2015 as “National Court Reporting and Captioning Week;” and (2) Requests that the President issue a proclamation calling on the people of the United States to observe the day with appropriate programs, ceremonies and educational activities. Excerpted from the Resolution Designating February 15-21, 2015 as “National Court Reporting and Captioning Week.” The court reporters at DALCO Reporting, Inc., will bring awareness to National Court Reporting and Captioning Week (February 15th to 21st) by volunteering their professional skills over the next several months to capture the oral histories of America’s veterans and civilian war workers. This is made possible through the National Court Reporters Association (NCRA) and the Veterans History Project, a program created by the United States Congress. These verbatim transcripts are digitized online (www.loc.gov/vets) at the Library of Congress and preserve thousands of important histories that otherwise might be lost. The Veterans History Project of the American Folklife Center collects, preserves, and makes accessible the personal accounts of American war veterans so that future generations may hear directly from veterans and better understand the realities of war. WCBA members can email Debra Levinson at [email protected] com to set up their own interview or that of a family member. Debra A. Levinson is an owner of DALCO Reporting, Inc. and serves on several committees for the NCRA. She is excited to highlight this national awareness week that recognizes the continuous growth associated with the in-demand careers of court reporters and broadcast captioners. GOLD SPONSOR Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, founded in 1929, is one of the oldest law firms in Westchester County. From inception, we have been committed to fulfilling our professional responsibilities: dedication to and zealous representation of our clients; respect for the legal system; and striving to maintain the utmost level of competence in the areas in which we practice. Our firm represents a broad range of individual, commercial and non-profit interests. We maintain a preeminent trusts and estates practice including estate planning and administration; estate, income and gift tax; trust formation and management; charitable giving and foundations; elder law and Medicaid planning; special needs planning and all aspects of probate law, including litigation. The firm provides innovative strategies and solutions to meet the varied needs of our clients. Our real estate lawyers are highly experienced in the areas of residential and commercial real estate transactions both in the County and the metropolitan area. Equally important to our practice is our firm’s commitment to improving the community in which we work through participation in local charitable, community and civic organizations. Our lawyers include five past presidents of the Westchester County Bar Association and are active in leadership roles of this Association as officers and members of the Board of Directors. In addition, our attorneys have been active members and participants in the governance and committees of the New York State Bar Association. Our long-standing roots in these organizations complement and enhance our commitment to our clients. WESTCHESTER LAWYER I FEBRUARY 2015 I 17 WH AT ’ S G O I N G ON Membership News....Updates....Sections....Committees.... Surrogate Court Judge Anthony A. Scarpino, Jr., Leaving Bench to Enter Private Practice After 14 years as Westchester County Surrogate, Hon. Anthony A. Scarpino Jr. has announced that he is stepping down from the bench effective January 31st. Judge Scarpino, who began his judicial career in 1984 at age 32 when he was appointed Associate City Court Judge in his home town of Mount Vernon, NY, said that upon leaving the bench he will enter private practice in a senior level position at a regional law firm. Judge Scarpino plans to begin the next chapter in his long career in the first quarter of 2015. (See p. 9 for a tribute by Trusts & Estates Section Co-chair Kevin Cohen.) Gary Sastow, Esq. Joins Brown, Gruttadaro, Gaujean & Prato, LLC as Of Counsel WCBA member Gary Sastow has joined our White Plains office as Of Counsel, specializing in health care law. Gary is a prolific author, speaker, and professor, bringing over twenty years of experience. He is a trusted advisor, confidant, and advocate. UPCOMING MEETINGS Health Law Committee Meeting Monday, February 9, 2015, 8:00 am Location: Brown, Gruttadaro, Gaujean & Prato, LLC One North Broadway, Suite 1010, White Plains, NY Paralegal Committee Meeting Monday, February 9, 2015, 6:00 pm Location: WCBA Headquarters, One North Broadway, Suite 512, White Plains, NY New Lawyers Section Meeting Tuesday, February 10, 2015, 6:00 pm Location: WCBA Headquarters, One North Broadway, Suite 512, White Plains, NY CLE Planning Meeting Wednesday, February 11, 2015, 5:30 pm Location: WCBA Headquarters, One North Broadway, Suite 512, White Plains, NY AB & ALEGRIA & BAROVICK LLP Our experience sets us apart from other SOCIAL SECURITY DISABILITY ATTORNEYS. As longtime practitioners of medical malpractice and personal injury law, we know the medicine, and will cut through the clutter of medical records to help our clients in a time-efficient manner. You can feel confident referring your social security disability cases to us. MAIN OFFICE 235 Main Street, Suite 318 White Plains, New York 10601 (914) 761-1133 MANHATTAN OFFICE 60 East 42nd Street, Suite 1638 New York, New York 10165 (212) 861-2800 www.AlegriaBarovickLaw.com Is giving through a community foundation right for your clients? A division of the New York Community Trust Do you have clients who care deeply about the community? Do they give to more than one charitable cause? Are they interested in creating a family legacy? Are they considering a family foundation, but have concerns about cost and administrative complexity? Would they like to stay personally involved in the use of their gift dollars? Do they want to receive maximum tax benefits? Is sound fiscal management a priority? If you answered yes to any of these questions, your clients should meet us. Contact Susan Edwards, Esq. at (914) 948-5166 or [email protected] SPONSORSHIP OPPORTUNITIES ARE AVAILABLE To discuss sponsoring a CLE or other event, please contact [email protected] 18 I FEBRUARY 2015 I WESTCHESTER LAWYER .Networking....and more Application Deadline: February 27, 2015 DO YOU WANT TO BE ADMITTED TO THE U.S. SUPREME COURT? Monday, June 22, 2015 9:00 am: Assemble for Swearing In Ceremony at the Supreme Court Reservations and Registration Reservations will be taken on a first-come first-serve basis. Food, travel and lodging are at the expense of each attendee. Hotel recommendations will be forthcoming. The WCBA is pleased to announce its U.S. Supreme Court group admission on June 22, 2015. We have secured 12 spots for lawyer members who complete the requirements set forth in the application to be sworn in at the U.S. Supreme Court in Washington, D.C. Please join us for this extraordinary opportunity. Fee: $300. Payable in full by deadline to secure a spot. For an application visit: http://www.supremecourt.gov/bar/largeGroups_NonArgument_Instr.pdf EX P R E S S 2 0 1 5 M EM B ER SH IP FO RM SCHEDULE OF YEARLY BAR DUES Sustaining Member* $300.00 ________ Admitted to the Bar 10 Years or More $185.00 ________ Admitted to the Bar 5 to 9 Years $125.00 ________ Admitted to the Bar Less than 5 Years $ 85.00 ________ Affiliate Non-Lawyer $125.00 ________ Paralegal$ 50.00 ________ Admitted to the Bar Less than 1 Year FREE ________ StudentFREE________ Section Dues Total (see column on right) ________ ________ WCBF contribution (optional) $ 10.00 Payment Enclosed _________ SECTION SELECTION: Please note that there is a nominal fee for membership in WCBA Sections. Please check the Section(s) you would like to join and record the fee on the “Sections Total” line at left. ❑ Criminal Justice ❑ Family Law ❑ Municipal Law ❑ Real Property ❑ Tax ❑ Trusts & Estates ❑ New Lawyers $10 $20 $10 $10 $10 $10 $ 5 *The WCBA recognizes the generosity and support of sustaining members by listing their names in the Annual Banquet Journal, the Westchester Bar Journal, the Westchester Lawyer’s annual sustaining member feature, and on our website with a homepage link to your organization and member profile on all subpages. PAYMENT INFORMATION NAME PHONE EMAIL ____________________________________________________________________________________________________________ EMAIL __________________________________________________________________________________________________________________________ FIRM ___________________________________________________________________________________________________________________________ BUSINESS TELEPHONE _____________________________________________________________________________________________________________ METHOD OF PAYMENT CHECK ENCLOSED $____________ OR CHARGE $ m MASTERCARD m VISA m AMERICAN EXPRESS m DISCOVER CARD CARD NUMBER __________________________________________________________________________ EXP. DATE _________ SEC. CODE ___________ CREDIT CARD BILLING ADDRESS _______________________________________________________________________________ ZIP CODE ____________ NAME ON CARD _________________________________________________________________________________________________________________ HOW TO SUBMIT PAYMENT ONLINE: Go to our website wcbany.org. EMAIL: scanned form to [email protected] FAX: form to 914-761-9402. MAIL: form and check made out to “WCBA” to: WCBA, Attn: Membership Renewal, One North Broadway, Suite 512, White Plains, NY 10601. WESTCHESTER LAWYER I FEBRUARY 2015 I 19 AS I O BA R N Y WE NT ST ESTE R CO U CH S O C I AT WCBA WESTCHESTER COUNTY BAR ASSOCIATION Lawyer Referral Service Build Your Client Base for $125 Per Year How much is your time worth screening calls? Consider as part of your business plan being a member of WCBA’s Lawyer Referral Service. For more than 40 years the Westchester County Bar Association Lawyer Referral Service (LRS) has been referring thousands of clients annually to LRS attorneys in Westchester. Each year thousands of potential clients from all over the country seek attorneys in Westchester by contacting the Lawyer Referral Service. We prescreen calls Clients contact the LRS office and explain the nature of their legal needs. The clients are then referred to an attorney based upon the field of law and geographic preference; referrals are made on a rotation basis. Membership in the WCBA LRS can serve as a profitable investment in your future. Membership Qualifications For more information [email protected] 914-761-6965 Or visit our website at www.wcbany.org and select Lawyer Referral Service to download an application form Membership in the WCBA LRS is open to all licensed attorneys who are members in good standing of the New York State Bar and who meet the panel requirements as set forth in the LRS application and rules. LRS attorneys must maintain an office for the practice of law in Westchester County and be physically available for consultation in that office, and must maintain an up-to-date professional liability insurance policy. We welcome individual attorneys and members of law firms. 20 I FEBRUARY 2015 I WESTCHESTER LAWYER GET INVOLVED ... Participate as a judge and receive CLE credit! NEW YORK STATE HIGH SCHOOL MOCK TRIAL COMPETITION BEGINS IN FEBRUARY n BY MICHAEL KREMEN, ESQ. T he 2015 High School Mock Trial Competition is right around the corner. This year’s competition will again be held at the Westchester County Courthouse. For the first time the area competition will include schools from both Rockland and Westchester counties. Each year, the Mock Trial Competition provides Westchester County’s In these days of budgetary considerations the Mock Trial Program finds itself in jeopardy of extinction. It is estimated that it costs $10,000 for our Bar association to administer the countywide competition. Support the Competition Funds raised will support the coordination of the several rounds of competition, printed materials and their I have served as a mock trial judge for the last 19 years. I look forward to March when I have the privilege of presiding over these trials. The quality of advocacy from these high school students is excellent. The students consistently demonstrate the poise and skill of professionals. The competition staff do a fabulous job keeping everything on track. —Hon. Edward R. Mevec high school students the opportunity to conduct simulated trials, in front of sitting judges, in a realistic courtroom setting. The experience gained by the participating students is invaluable and often serves as the initial stepping stone for future legal careers. This year’s case is a civil case that deals with the embezzlment of funds from a not-for-profit organization. I am very excited to again be helping to coordinate the competition and look forward to the challenges and successes of this year’s competition. duplication, and reimbursement of associated courthouse use including overtime for court officers and staff. Sponsors Needed Please consider donating to the WCBA directing those funds specifically to support the Mock Trial Program. Participate as a Judge Come on down and participate as a judge in the competition. You will be amazed at the talent that you will be facing in these high school students! Michael Kremen, Esq., is WCBA Director of Operations. He has helped coordinate the Mock Trial Tournament since 2012. n n n n Support the Westchester County Division of the NYS Mock Trial Tournament Become a competition judge and earn CLE credit Make a monetary contribution Spread the word about the Mock Trial competition to friends and colleagues To volunteer to become a judge or make a donation contact: Michael Kremen, Esq. at [email protected]org. The following schools have signed on to participate. Albertus Magnus Ardsley Briarcliff Byram Hills Clarkstown South Irvington Lakeland North Salem Nyack Ossining Saunders Scarsdale Solomon Schechter Somers Soundview Prep Westchester Hebrew Westlake Yorktown WESTCHESTER LAWYER I FEBRUARY 2015 I 21 C LE C E N T E R Re giste r online at ww w. w c b a n y. o rg o r s e e R e g is tra tio n Fo rm in th i s s e c t i o n Rescheduled from November 6, 2014 EDUCATION LAW COMMITTEE Representing Clients in Special Education Matters Speaker Location Adrienne Arkontaky, Managing Partner Cuddy Law Firm, P.C. 50 Main Street, Suite 1280, White Plains, NY Date/Time Thursday, February 12, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–7:30 pm CLE Presentation Price Early Bird discount through February 5 Members: $40/$60 after Feb. 5 Non-members: $60/$80 after Feb. 5 Pace Alum Non-members: $50/$70 after Feb. 5 CLE 1.5 credits: Professional Practice To Register Click here or see “Registration Form” on p. 24 HEALTH LAW COMMITTEE Health Law Update: 2015 Speakers Hon. Daniel Angiolillo, Appellate Division, 2nd Department (ret.), Jurist in Residence, Pace Law School Mary Beth Morrissey, PhD, MPH, JD Fordham University Graduate School of Business Administration Co-chair, WCBA Health Law Committee Max Gaujean, Esq. Brown, Gruttadaro, Gaujean & Prato, LLC Location Pace Law School Gerber Glass Building, Moot Court Room 78 North Broadway, White Plains, NY Date/Time Tuesday, February 24, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–8:00 pm CLE Presentation Price Early Bird discount through February 17 Members: $40/$60 after Feb. 17 Non-Members: $60/$80 after Feb. 17 Pace Alum Non-members: $50/$70 after Feb. 17 CLE 2 credits: Professional Practice To Register Click here or see “Registration Form” on p. 24 CORPORATE & COMMERCIAL LAW COMMITTEE Catch it While You Can: Understanding the Duty to Preserve & Collect Electronic Evidence Moderator Michael Freudenberg, Esq., Harrington, Ocko & Monk, LLP, Co-chair, WCBA Corporate & Commercial Law Committee Speakers Dan Pelletier, Esq. Director of Process Engineering, eDiscovery and Data Science, Paul Hastings LLP Tim McCorry Certified Forensic Engineer, RVM Enterprises, Inc. Location Pace Law School Gerber Glass Building, Moot Court Room 78 North Broadway, White Plains, NY Date/Time Wednesday, February 25, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–8:00 pm CLE Presentation Price Early Bird discount through February 18 Members: $40/$60 after Feb. 18 Non-Members: $60/$80 after Feb. 18 Pace Alum Non-members: $50/$70 after Feb. 18 CLE 2 credits: Professional Practice To Register Click here or see “Registration Form” on p. 24 Thanks to our sponsor: RVM Enterprises, Inc. CRIMINAL LAW SECTION AND TRIAL & TORT LAW COMMITTEE Anatomy of a Criminal Trial: Part I Speaker Neal S. Comer, Esq. The Law Office of Neal Comer Location Pace Law School Gerber Glass Building, Moot Court Room 78 North Broadway, White Plains, NY Date/Time Tuesday, March 10, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–8:00 pm CLE Presentation Price Early Bird discount through March 3 Members: $40/$60 after March 3 Non-Members: $60/$80 after March 3 Pace Alum Non-members: $50/$70 after March 3 CLE 2 credits: 1 Professional Practice / 1 Skills To Register See “Registration Form” on p. 24 22 I FEBRUARY 2015 I WESTCHESTER LAWYER TRUSTS & ESTATES SECTION ETHICS AND GRIEVANCE COMMITTEES Basic Training for Guardians Ad Litem The Ethics of Advertising and Social Media Speaker Speaker Joseph Accetta, Esq., Chief Clerk, Surrogate’s Court, Westchester County Location Westchester County Courthouse, Room 1800 111 Dr. Martin Luther King Jr. Blvd. White Plains, NY Date/Time Wednesday, March 11, 2015 11:30 am–12:00 pm Networking/Registration and Lunch 12:00 pm–4:00 pm CLE Presentation Price FREE CLE 4 credits: 3 Professional Practice / 1 Ethics To Register See “Registration Form” on p. 24 Katie M. Lachter, Esq. Hinshaw & Culbertson, LLP Location Hudson Valley Bank 21 Scarsdale Road, Yonkers, NY Date/Time Thursday, April 9, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–8:00 pm CLE Presentation Price FREE CLE 2 credits: Ethics To Register See “Registration Form” on p. 24 CRIMINAL LAW SECTION AND TRIAL & TORT LAW COMMITTEE Anatomy of a Criminal Trial: Part II Speaker Neal S. Comer, Esq. The Law Office of Neal Comer Location Pace Law School Gerber Glass Building, Moot Court Room 78 North Broadway, White Plains, NY Date/Time Tuesday, March 24, 2015 5:30 pm–6:00 pm Networking/Registration and Light Supper 6:00 pm–8:00 pm CLE Presentation Price Early Bird discount through March 17 Members: $40/$60 after March 17 Non-Members: $60/$80 after March 17 Pace Alum Non-members: $50/$70 after March 17 CLE 2 credits: 1 Professional Practice / 1 Skills To Register See “Registration Form” on p. 24 Use your member log in to register for events and CLEs on the new WCBA website! If you have questions about member log in or online event registration, please contact: [email protected] WESTCHESTER LAWYER I FEBRUARY 2015 I 23 LOOKING FORWARD Upcoming CLEs and Events CLES Thursday, May 21 Trusts and Estates Section CLE Thursday, March 12 Real Property Section CLE Tuesday, June 2 Trial Lawyers & Tort Law Committee CLE Monday, March 23 Law Practice Management Committee CLE Thursday, March 26 Appellate Practice Committee CLE Friday, March 27 Senior Lawyers Committee CLE Thursday, April 16 Law Practice Management Committee CLE Thursday, June 4 Domestic Relations & Family Law Section CLE Tuesday, June 16 Trial Lawyers & Tort Law Committee CLE Wednesday, June 24 Trusts & Estates Section CLE Thursday, June 25 Real Property Section CLE Monday, April 20 Law Practice Management Committee CLE Tuesday, April 21 Hospitality Subcommittee CLE Monday, May 11 New Lawyers Section CLE Wednesday, May 13 Immigration Law Committee CLE Thursday, May 7 | 6:00 pm Annual Banquet and Induction of Officers and Board Members (See page 1.) Wednesday, November 18 WCBF 5th Annual Fundraiser MEETINGS Monday, February 9, 2015 Health Law Committee Meeting Monday, February 9, 2015 Paralegal Committee Meeting Tuesday, February 10, 2015 New Lawyers Section Meeting Wednesday, February 11, 2015 CLE Planning Meeting EVENTS Thursday, February 26 | 5:30 pm Chinese New Year & Passing the Bar (See page 4.) Wednesday, March 4 | 6:00 pm Annual Meeting & Past Presidents Dinner (See pages 2-3.) CLE and EVENT REGISTRATION FORM Please register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and applicants will be seated and provided written materials ONLY if space permits. ONLINE: go to the Calendar on our website at www.wcbany.org MAIL: form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601 EMAIL: this scanned form to [email protected] FAX: form to 914-761-9402 CLE/EVENT TITLE Date Fee ______________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________ NAME(S) _______________________________________________________________________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______ FIRM__________________________________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER __________________________________________________ EXP. DATE _____________ SEC. CODE ______________________________ CREDIT CARD BILLING ADDRESS ____________________________________________________________ ZIP CODE _______________________________ NAME ON THE CARD _____________________________________________________________________________________________________________ WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.org Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE. CANCELLATION, REFUND AND INCLEMENT WEATHER POLICY Full credit will be applied to a future program to those who cancel at least two business days prior to a CLE or other Event, in writing, to [email protected] The WCBA retains the right to cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page (www. wcbany.org) on the day of the CLE/Event by 10:00 am for cancellation announcements. 24 I FEBRUARY 2015 I WESTCHESTER LAWYER AS I O BA R N Y WE NT ST ESTE R CO U CH S O C I AT WCBA WESTCHESTER COUNTY BAR ASSOCIATION & Westchester County Bar Association and Pace Law School Launch Partnership to Sponsor CLEs The WCBA is proud and excited to announce that we have partnered with Pace Law School to be the accredited CLE provider sponsoring programs on the law school’s campus! What does the partnership mean to WCBA members? More CLE programs to choose from: In addition to the over 50 top notch programs that the WCBA has historically sponsored on an annual basis, the collaboration with Pace will INCREASE the overall number of CLE program offerings, including many programs hosted on the law school’s conveniently located campus and taught by the law school’s faculty. CLE programs from your office or home The partnership will also grant WCBA members access to a library of prerecorded programs which members can view from their offices or homes 24/7/365! Discounted CLE Bundle Packages Starting in 2015, we will be offering a new annual CLE credit bundle package, which offers 16 credits for $300! (Certain exclusions apply. For more information please contact [email protected]) Bridge the Gap Program We will also be offering ‘Bridge the Gap’ bi-annually, where WCBA members can obtain their credits over a two day period. For more information please contact: Luis Rivera at [email protected] or Michael Kremen at [email protected] For a full list of upcoming programs and events, please visit our website at www.wcbany.org. Enjoy Taking Photos? Want to get published? We welcome photo submissions from our members. Send your high resolution photos to the Westchester Lawyer magazine and we will review for possible inclusion. You might even see your photo on the cover! For more information contact [email protected] TAKE OUT A DISPLAY AD AND GET NOTICED! Contact us at [email protected] or 914-761-3707, ext 40. WESTCHESTER LAWYER I FEBRUARY 2015 I 25 Back Bench FROM THE T he late 19th century court case might make sense as an early Downton Abbey episode, but for devotees of today’s burgeoning casino culture the central issues raised by that case are almost incomprehensible. The case also lays out a number of lessons concerning the trust placed in longtime friends of high station; the value of a group promise of secrecy; the danger of signing a document that does not present the truth as you see it, and the difficulty in proving a negative. The trial alleged defamation stemming from an accusation of cheating at cards against a 42-year-old baronet with a distinguished 23-year British military career. Sir William Gordon-Cumming, a lieutenant colonel in the Scots Guards, brought the slander action 124 years ago this month in an attempt to clear his name and save his honor after the cheating accusation became public despite promises of secrecy. The only issue in the case was whether the cheating allegation was true. Malice and public figure status, issues in American courts in regard to slander claims, were not issues in Sir William’s case. Filed on February 6, 1891, the case against five persons, including the hostess of a house party where the alleged card cheating took place, sought a 5,000 pound judgment against each defendant. It went to trial on June 1, 1891. The plaintiff was not the public’s central focus. The involvement of the Prince of Wales in the card game and his forced appearance as a witness drew public attention and criticism. The prince, who would later become King Edward VII, was the first heir to the English throne to be required to testify at trial in nearly 500 years. Many in the press questioned his fitness to rule as a result of his involvement in “gambling.” The cheating accusations stemmed from games of baccarat on September 8 and 9, 1890 at Tranby Croft, the home of Mr. and Mrs. Arthur Wilson. Beside Sir William and the prince, other dignitaries gathered there for the Doncaster Races included Lord Coventry and General Owen Williams. At about 11 p.m. it was decided to play the card game which involves four packs of cards (208 cards), a banker, a croupier and two sets of players. The prince became the banker and General Williams later became the croupier. No baccarat table being available, a playing table had to be improvised on both nights. A strict game of chance, bets were made through the use of counters. The prince brought counters with him to the house party. Those who were later to claim cheating were young and inexperienced at the game except for the hostess. One was a subaltern in the plaintiff’s regiment. Over the two days, Sir William won 225 pounds, almost $1,200.00 in American currency back then. On the 10th, he was confronted with the cheating charge. It was claimed that he surreptitiously changed his bet after the cards became known, upping his bet when the cards favored him and reducing his bet in face of unfavorable cards. He denied the charge, but was convinced by General Williams and Lord Coventry to sign a document that 26 I FEBRUARY 2015 I WESTCHESTER LAWYER RICHARD M. GARDELLA, ESQ. Editor-in-Chief WCBA Past President promised secrecy. He signed after speaking to the prince and despite his stated belief that his signature would be tantamount to an admission of guilt. It is clear that protection of the prince’s reputation by avoiding scandal played a role in his decision. The paper read: “In consideration of the promise made by the gentlemen whose names are subscribed to preserve silence with reference to an accusation which have been made with regard to my conduct at baccarat on the nights of Monday and Tuesday, the 8th and 9th of September, 1890, at Tranby Croft, I will on my part solemnly undertake never to play cards again as long as I live.” Also signing were the prince, General Williams, Lord Coventry and the male accusers. The document would play a central role at the trial that lasted a week, and, with the help of testimony of Sir William’s “friends”, would sink any hope of saving the baronet’s reputation. The future British King, a longtime friend of Sir William, was treated with kid gloves when he took the stand. It fell to a jury man to ask basic questions. As banker did the prince see any malpractice? His highness answered no, but qualified his answer by saying “anything of that sort” is not expected among friends. The jury man then asked the prince his opinion of the charges against Sir William. Because they appeared to be “so unanimous” he said he was forced to believe them. The plaintiffs two other friends, General Williams and Lord Coventry, who per- sonally saw no cheating, testified that they believed the evidence against the lieutenant colonel overwhelming. In a summation, which covered nearly 50 book pages, and was 10 times as long as that of the defendants’ lawyer, Sir William’s counsel, the Solicitor General, Sir Edward Clarke, Q.C., took that evidence apart, pointing out the card playing inexperience of the accusers and the lack of direct evidence from the banker or croupier of cheating. An issue never raised was past card playing experience of the banker and croupier with the plaintiff. That avoidance was apparently an attempt to protect the prince’s reputation. That desire to protect the future king was powerfully pointed to by Sir Edward as the reason for the plaintiff’s signature on the damming document. Sir Edward’s detailed effort was negated by the trial judge, the Lord Chief Justice, Lord Coleridge, when he delivered his charge. In an age where judicial impartiality in charging a jury was not necessarily the norm, the justice made it clear where he stood, concluding: “I cannot help thinking that, even if it were otherwise, a man might accept many things. He might accept death, but he would not accept dishonour. Do you believe that an innocent man — a perfectly innocent man — would write down his name on a dishonouring document, on a document which, in fact, stated that he had cheated and taken money out of the pocket of the Prince of Wales by craft and sharping, simply that it might not be made known that the Prince of Wales had played baccarat for very moderate stakes? Is not the consequence far too great for the cause? … is it not putting an incredible weight upon it to suppose that any gentleman in the circumstances would allow himself not to die but to be called a card-sharper and a cheat for the rest of his life, for fear it should be known that the Prince of Wales had done something of which many people would disapprove? I could quite understand a man giving up his all except his honour — but I cannot understand a man doing as this man did…” It took the jury just 13 minutes to find for the defendants. Sir William was dismissed from the army the following day. The prince would never deal with anyone that had any association with Sir William thereafter and the colonel’s twenty close friends never spoke to him again. He resigned from a number of high society clubs. The day following the verdict the London Times wrote: “…He has committed a mortal offense. Society can know him no more…” Sir William later married and had five children; took to drink and was forced into more modest circumstances. He died in 1930 at 81. Sir Edward Clarke wrote in his autobiography: “I believe the verdict was wrong, and that Sir William Gordon-Cumming was innocent of the offense charged against him.” An arrogant man and a lifelong womanizer who preferred married woman, the baronet’s reputation apparently did not suffer from that form of cheating. Ironically, it was a friendly card game and questionable evidence that led to his loss of reputation.1 ENDNOTE 1 See The Baccarat case, Gordon-Cumming v. Wilson and others, edited by W. Teignmouth Shore, published by William Hodge & Company, limited, in 1932, and republished by The Notable Trials Library in 1992. The Wikipedia free encyclopedia was also consulted. Richard M. Gardella, Esq., is counsel to Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president of the Westchester County Bar Association and the Westchester County Bar Foundation, the editor-in-chief of this Magazine, and a former WCBA delegate to the American Bar Association and the New York State Bar Association. FROM THE EDITORS Get published! We are seeking a variety of articles such as descriptions of important developments in—or unique perspectives on—areas of the law. Articles must be well written and interesting to broad categories of membership. All submissions are evaluated for clarity. We prefer original articles that have not been published elsewhere. For more information or to submit an article please email [email protected] Submissions should be between 600–1200 words for the Westchester Lawyer magazine and 1200–4000 words for the Westchester Bar Journal. WESTCHESTER LAWYER I FEBRUARY 2015 I 27 CLASSIFIEDS LEGAL JOBS AND OFFICE SPACE OFFICE SPACE YONKERS – CENTRAL PARK AVENUE Beautiful windowed corner office, rent includes use of conference room, law library, use of copy machine/scanner/facsimile and parking; secretarial/receptionist space available; opportunity to network with other attorneys in the building; Contact: 914-557-5978. WHITE PLAINS Boutique general practice law firm seeks attorney with four plus years’ experience to service firm’s spillover work in litigation and entertainment law. Will provide office and conference room access and compensate at an hourly rate. Contact: Stewart L. Levy, Esq. (212) 599-0777. WHITE PLAINS/HARTSDALE Your name on a building? Long established single-story professional building in prime location has 3900 sq. ft. for rent. Can be subdivided. Just off Central Avenue White Plains/ Hartsdale. Call Steve Kaufman 914-968-8500 X 315. WHITE PLAINS AV rated law firm located on Main Street has two attractive windowed offices (13’6” X 9’6”) available (one office cornered) in Class “A” office building within walking distance to courthouses and train. Use of conference rooms and kitchen. (914) 681-6006. WHITE PLAINS – DOWNTOWN Beautiful, windowed offices in law suite. All amenities, including fax, color copier/scanner, high speed internet, Wi-Fi, conference room, phone/voice mail system, kitchenette. Convenient to courts, train, bus, and parking. Call 914-684-1200 x 101. MY SUBLEASE IS UP! Seeking space and perhaps association. Experienced Bankruptcy and Litigation Attorney Contact Ted Araujo (914) 206-9614 [email protected] www.bodowlaw.com LAW FIRMS FOR SALE OR PURCHASE Assessments | Due Diligence | Client Transitions Nat Wasserstein, JD, MBA 845.398.9825 [email protected] LINDENWOOD ASSOCIATES, LLC® Experienced & Trusted by Attorneys® 28 I FEBRUARY 2015 I WESTCHESTER LAWYER ADVERTISING RATES AD DEADLINE is the 1st of the month prior to publication. 10% DISCOUNT ON THREE OR MORE PREPAID ISSUES 15% DISCOUNT ON ONE YEAR PREPAID DISPLAY ADS NonSize Dimensions Member Member Bus. Card H 2hx3½w” b/w $90 $160 Bus. Card H 2hx3½w” 4/C $160 $250 New Size Bus. Card V 3hx2.38w” b/w $90 $160 Bus. 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Defining The Difference Westchester’s Bank for Attorneys for Over 40 Years Left to right: Anthony Forgione, Assistant VP; Larry McElroen, First VP; Ana Morais, Relationship Manager; Ronald Silvestri, Senior VP and Avi Azuolay, First VP We are… • Experienced • Responsive • Client Focused “We are here for your law firm.” Larry McElroen Anthony Forgione Ana Morais First VP Assistant VP Relationship Manager (914) 922-9428 www.hudsonvalleybank.com Member FDIC WESTCHESTER LAWYER I FEBRUARY 2015 I 29 AS I O BA R N Y WE NT ST ESTE R CO U CH S O C I AT Westchester County Bar Association One North Broadway, Suite 512 White Plains, NY 10601 Get a better deal on your office lease... at no cost to you. LEVEL THE PLAYING FIELD A RakowGroup Tenant Representative will give your team the edge. RakowGroup.com 10 New King St · White Plains, NY / 6 Landmark Sq · Stamford, CT CT (203) 359-5703 x10 Get published! The WCBA is seeking articles for the Westchester Lawyer and Westchester Bar Journal. We are looking for articles that are newsworthy, such as important developments in—or unique perspectives on— areas of the law that would be suitable for either the Westchester Lawyer magazine or the Westchester Bar Journal. clarity and originality. We prefer original articles that have not been published elsewhere. Submissions for the Magazine should be 600-1200 words; submissions for the Bar Journal should be 1200-4000 words. Articles must be well written and interesting to broad categories of membership. Submissions are evaluated for For more information or to submit an article please email: [email protected] Printed by Fort Orange Press, Albany, NY, on FSC certified paper with soy based inks.
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