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#2442 Statutory Changes and Rollbacks 2022

#2442 Statutory Changes and Rollbacks 2022

Presented on June 29, 2022 (expires 6/29/27)

1.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

Presented by the Criminal Law Committee, this program covers the new bail, discovery, and mental hygiene rollbacks passed within the April 2022 New York State Governor’s Budget, in addition to the changes made to the penal law and family court act. This program is designed to provide the information necessary to allow an attorney to handle criminal and family court arraignments with confidence.

Speakers:
Amber R. Poulos, Esq., Erie County Assigned Counsel Program, Deputy of Forensics Bureau, Co-Chair, Criminal Law Committee
Nora B. Robshaw, Esq., Law Office of Nora Robshaw, Co-Chair, Criminal Law Committee

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 non-members

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#2443 18th Annual WNY Bankruptcy Conference - Consumer Panel

#2443 18th Annual WNY Bankruptcy Conference – Consumer Panel

Find the 18th Annual WNY Bankruptcy Conference – Business Panel here. 

Presented on June 7, 2022 (expires 6/7/27)

5.5 CLE credits: 2.5 Areas of Professional Practice, 1.0 Ethics and Professionalism, 2.0 Skills
Appropriate for Experienced Attorneys only

Topics covered:

  • Chapter 13 issues (revisiting the national Chapter 13 plan)
  • Dischargability litigation
  • Ethics
  • Valuation of assets
  • Family law and controversial issues in bankruptcy

Program Chairs:

  • Beth Ann Bivona, Esq., Barclay Damon LLP, Buffalo
  • Daniel F. Brown, Esq., Andreozzi Bluestein LLP, Buffalo
  • Mikal J. Krueger, Esq., McConville Considine Cooman & Morin, P.C., Rochester
  • Kathleen Dunivin Schmitt, Esq., Assistant U.S. Trustee, Rochester

Speakers:

  • Patrick M. Balkin, Esq., Jackson & Balkin, Attorneys at Law
  • Robert A. Barrer, Esq., Barclay Damon LLP
  • Louis J. Cercone, Jr., CPE, CFF, ABV, ASA, Brisbane Consulting Group LLC
  • Hon. Richard A. Dollinger (Ret.), Monroe County
  • Lucien A. Morin, Esq., McConville, Considine, Cooman & Morin P.C.
  • Stephen M. O’Neill, Esq., Stephen M. O’Neill Esq., PLLC
  • Raymond C. Stilwell, Esq., Law Office of Raymond C. Stilwell
  • George M. Reiber, Esq., Chapter 13 Trustee, Rochester
  • Julie A. Philippi, Esq., Chapter 13 Trustee, Buffalo
  • Steve Vaisey, Steve Vaisey Real Estate

This program is co-sponsored by the Monroe County Bar Association Bankruptcy Committee and the BAEC Commercial Litigation and Bankruptcy Law Committee.

Available format: OnDemand, CD, DVD

OnDemand: $115 members (Promo Code: member2025), $230 Non-members

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#2444 18th Annual WNY Bankruptcy Conference - Business Panel

#2444 18th Annual WNY Bankruptcy Conference – Business Panel

Find the 18th Annual WNY Bankruptcy Conference – Consumer Panel here. 

Presented on June 8, 2022 (expires 6/8/27)

5.5 CLE credits: 3.5 Areas of Professional Practice, 1.0 Diversity, Inclusion & Elimination of Bias, 1.0 Skills
Appropriate for Experienced Attorneys only

Topics covered:

  • Prejudice and implicit bias in our legal system
  • Tax issues in Chapter 11
  • Evidence and trial techniques
  • Judges panel
  • Trends in Chapter 11 cases, including release and common controversial plan provisions, including small business and Subchapter V trustee

Program Chairs:

  • Beth Ann Bivona, Esq., Barclay Damon LLP, Buffalo
  • Daniel F. Brown, Esq., Andreozzi Bluestein LLP, Buffalo
  • Mikal J. Krueger, Esq., McConville Considine Cooman & Morin, P.C., Rochester
  • Kathleen Dunivin Schmitt, Esq., Assistant U.S. Trustee, Rochester

Speakers:

  • Joseph W. Allen, Esq., Assistant U.S. Trustee, Western District of New York, Buffalo
  • Michael Brummer, Michael Brummer & Associates
  • Hon. Carl L. Bucki, Chief Judge, United States Bankruptcy Court for the Western District of New York
  • Robert L. Cook, Esq., NYS Department of Taxation & Finance
  • Janice B. Grubin, Esq., Barclay Damon LLP
  • Hon. Robert E. Littlefield, Jr., Judge, United States Bankruptcy Court for the Northern District of New York
  • Angela Z. Miller, Esq., Phillips Lytle LLP
  • John A. Mueller, Esq., Lippes Mathias LLP
  • William F. Savino, Esq., Woods Oviatt Gilman LLP
  • Sara C. Temes, Esq., Bond, Schoeneck & King, PLLC
  • James C. Thoman, Esq., Hodgson Russ LLP

This program is co-sponsored by the Monroe County Bar Association Bankruptcy Committee and the BAEC Commercial Litigation and Bankruptcy Law Committee.

Available format: OnDemand, CD, DVD

OnDemand: $115 members (Promo Code: member2025), $230 Non-members

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#2445 The Empire Strikes Back Against NYSRPA v. Bruen: What Attorneys Needs to Know About Changes to Firearms Law

#2445 The Empire Strikes Back Against NYSRPA v. Bruen: What Attorneys Needs to Know About Changes to Firearms Law

Presented on July 27, 2022 (expires 7/27/27)

1.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

The Second Amendment has been a source of extensive controversy since the Sullivan Act was passed in 1911, creating New York’s handgun licensing schema, with the initial intention being to restrict Italian-American immigrants from lawfully possessing handguns. Regardless of one’s personal opinion of the right to keep and bear arms, along with what the appropriate contours of that right should be, it is beyond debate that New York has one of the most restrictive and punitive series of gun laws in the United States.

In July 2022, after having called an Extraordinary Session of the New York Legislature, Governor Kathy Hochul signed the Concealed Carry Improvement Act of 2022 (“CCIA”) which brought sweeping changes to New York’s gun laws that are, by any measure, greater in scope than those codified in 2013 under the New York Secure Ammunition and Firearms Enforcement Act (“NY (the “SAFE Act”) of 2013. Governor Hochul did not propose and sign these changes into law in a vacuum. Just weeks prior to the CCIA, the United States Supreme Court struck down portions of the New York pistol permit law that required pistol permit applicants to establish “proper cause” to obtain a license to carry a handgun (“pistol permit” or “firearms license”). More importantly, the Supreme Court adopted a standard of review applicable to all Second Amendment challenges to state gun laws that place virtually all new state gun control restrictions in doubt. Hence, the Empire State “struck back” against the Supreme Court’s decision.

Critics of Governor Hochul’s Concealed Carry Improvement Act believe that the law clearly violates the literal standard set forth in Bruen. At the time of this CLE, numerous lawsuits have been filed against the CCIA, with many legal experts believing that significant portions of the law will be enjoined. Given New York’s historical traditions standard, meaningful injunctions against the law would not come as a surprise. This CLE, however, is intended to provide attorneys with the background of the law as it stands today. Given the fluid nature of events, these materials will be updated and with the possibility of a follow-up CLE in the event an injunction is issued against any portion of the CCIA.

Moderator: Erin Tresmond, Esq., Co-Chair, Appellate Practice Committee

Speaker: Maximillian Tresmond, Esq., Tresmond & Tresmond, LLP

Available format: OnDemand

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2447 Unexampled Courage: Sgt. Isaac Woodard & the Unknown Road to Brown v. Board of Education

#2447 Unexampled Courage: Sgt. Isaac Woodard & the Unknown Road to Brown v. Board of Education

Presented on October 17, 2022 (expires 10/17/27)

2.0 CLE credit: Diversity, Inclusion & Elimination of Bias
Appropriate for Experienced Attorneys only

In 1951, US District Judge J. Waites Waring, sitting on a 3-judge panel in a South Carolina District Court, issued a powerful dissent in Briggs v. Elliott, where then-NAACP lead counsel Thurgood Marshall directly challenged the constitutionality of the “separate but equal” doctrine in Plessy v. Ferguson. In doing so, Judge Waring ensured a direct appeal to the Supreme Court. Although Briggs was the first such case to arrive in our highest tribunal, the Supreme Court chose Brown v. Board of Ed. as the lead case. In his book, Unexampled Courage, US District Judge Richard Gergel traces the paths walked by both Judge Waring and Thurgood Marshall that led both to this direct constitutional challenge.
Judge Gergel’s presentation outlines that state of race relations in the South beginning with the end of World War II, the blinding of Sgt. Isaac Woodard by a White police officer, the effect it had on President Truman and ultimately, how the trial of the officer who blinded Sgt. Woodard became a turning point in the outlook of Judge Waring. Waring, the descendant of a Confederate soldier, transformed from a prominent member of Charleston society to being one of the most reviled men in the white South, and an ally of the civil rights movement in the 1950; a fact not lost on Marshall as he brought matters before the Judge. Following the presentation, members of the Federal Judiciary join Judge Gergel in a panel discussion.

 

Welcome & Introductions:
Michael F. Perley, Esq., ABOTA Buffalo Chapter, National Board Representative

Speaker: Hon. Richard Gergel, Judge of the U.S. District Court for the District of South Carolina

Federal Judiciary Panel Discussion:
Hon. Elizabeth A. Wolford, Chief Judge, U.S. District Court, Western District of New York
Hon. Lawrence J. Vilardo, District Judge, U.S. District Court, Western District of New York
Hon. Jeremiah J. McCarthy, Magistrate Judge, U.S. District Court, Western District of New York

Available format: OnDemand, CD, DVD

OnDemand: $60 members (Promo Code: member2025), $120 Non-members

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#2448 Update on NYS Civil Practice & Procedure - Fall 2022

#2448 Update on NYS Civil Practice & Procedure – Fall 2022

Presented on November 9, 2022 (expires 11/9/27)

3.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

This seminar covers salient developments in statutory and case law from 2020-2021 pertaining to civil practice in New York State, with a particular emphasis on decisions from the Fourth Department.  The lectures and course materials cover a wide array of issues under CPLR, including jurisdiction, statute of limitations, service and dispositive motions.  Topics include:

  • Legislative amendments to CPLR section
  • Notices of Claim
  • Jurisdiction over non-domiciliary entities under CPLR 302
  • Limitations Periods
  • Commencement and Pleadings
  • Case updates on dispositive rulings
  • Disclosure
  • Preservation of Evidence and Spoliation

Speakers:
Brian D. Gwitt, Esq., Woods Oviatt Gilman LLP
William F. Savino, Esq., Woods Oviatt Gilman LLP

Thank you to our program sponsor Counsel Press!

Available format: OnDemand, CD, DVD

OnDemand: $85 members (Promo Code: member2025), $170 Non-members

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#2449 Introduction to Native American Cultural Competency

#2449 Introduction to Native American Cultural Competency

Presented on November 10, 2022 (expires 11/10/27)

1.0 CLE credit: Diversity, Inclusion & Elimination of Bias
Appropriate for Experienced Attorneys only

This program provides an overview of traditional Native American cultures, including historical factors that play a part in the health and wellbeing of many Native communities. These historical factors also play a large role in the development of the applicable law, which has unique and complex features that are foreign to traditional American law principles. Attendees will come away with improved knowledge and skills to respond to cultural differences, and better understanding of the significant Native American community in our state.

Moderator: Stephanie Joy Calhoun, Esq., Chair, Diversity, Equity & Inclusion Committee

Speakers:
Hon. Carol E. Heckman (Ret.), Partner, Lippes Mathias
Hon. Mark A. Montour, Appellate Division, Fourth Department

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2450 Public Speaking for Lawyers

#2450 Public Speaking for Lawyers

Presented on November 14, 2022 (expires 11/14/27)

1.0 CLE credit: Skills
Appropriate for Experienced Attorneys only

Learn how to capture your audience’s attention! Attend this program to learn the secrets to becoming an effective public speaker. You will learn how to talk confidently and persuasively, how to plan and deliver your presentations skillfully, and how to take these skills beyond the courtroom. Use these new techniques when lecturing to business owners, other attorneys, when pitching to a potential client and when networking.

Moderator: Hugh M. Russ, III, Esq., Dean, Erie Institute of Law

Speaker: Jennifer P. Stergion, Stergion Speaks, LLC

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2451 The Canadian Cottage Update 2022

#2451 The Canadian Cottage Update 2022

Presented on November 16, 2022 (expires 11/16/27)

1.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

U.S. Attorneys should be aware of the Canadian tax consequences related to U.S. clients buying, selling, holding Canadian property as well as consequences of owing Canadian property at death. Learn the “Deeming” rules which require U.S. residents to file Canadian tax returns and pay capital gains tax in the case of family transfers and in the case of death. Avoid penalties and interest for failure to file or on time.   Learn of new taxes and new filings that are required of U.S. residents, including filing requirements on transfers of shares in U.S. cottage holding companies. Understand how Ancillary Estate proceeding are handled in Ontario. This should prove to be a very useful and informative program for the U.S. attorney who wants to understand how certain events can trigger Canadian tax consequences with respect to the holding of Canadian property for the benefit of your clients.  Will include of a review of what has been in place and what new things are applicable to U.S. clients in these situations.

In this program, you will learn:

  • Procedures in transfers of Canadian property
  • Procedures on Ancillary Probate proceedings in Ontario
  • Canadian taxes applicable to transfers and dispositions
  • Estate planning techniques
  • Use of Trusts and U.S. resident corporations
  • Application of new Land Speculation Tax
  • Filing requirements by U.S. Resident Corporations in Canada
  • Filing requirements by owners of U.S. Resident Corporations in Canada
  • Tax Consequences of gifting, death and divorce
  • Capital gains tax and the U.S. – Canada Tax Treaty
  • Filing requirements when U.S. Resident corporation shares are disposed of or transferred
  • Applicability of the new Underused Housing Tax Act

Speaker: Richard S. Halinda, B.A. L.L.B, Richard Halinda Law Offices

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2452 Part 36 Receivership Training

#2452 Part 36 Receivership Training

Presented on November 29, 2022 (expires 11/29/27)

3.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

This program will explain the procedures for obtaining the appointment of a receiver in New York State Court, and the receiver’s powers and duties. It is also important for individuals interested in receiving training to serve as court-appointed receivers. Attorneys working in a practice area in which the appointment of a receiver may be necessary or helpful; provisional remedy, such as mortgage foreclosures, creditors’ enforcement actions and corporate dissolutions, will also find this useful.

This program will provide an overview of the types of situations in which a receiver is available and will provide instruction on applying for and obtaining a receiver, and will also discuss the compensation, duties, and powers of a receiver in various contexts.

Speakers:

  • Hon. Emiliano Colaiacovo, NYS Supreme Court
  • Raymond L. Fink, Esq., Lippes Mathias LLP
  • William F. Savino, Esq., Woods Oviatt Gilman LLP
  • Hon. Timothy J. Walker, NYS Supreme Court

Available format: OnDemand, CD, DVD

OnDemand: $85 members (Promo Code: member2025), $170 Non-members

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#2453 Cybersecurity, Privacy & Data Protection for Lawyers

#2453 Cybersecurity, Privacy & Data Protection for Lawyers

Presented on January 25, 2023 (expires 1/25/28)

1.5 CLE credit: 1.0 Cybersecurity, Privacy & Data Protection – Ethics, 0.5 Cybersecurity, Privacy & Data Protection – General
Appropriate for Experienced Attorneys only

This CLE will address: cybersecurity, privacy and data protections issues, including impact on the legal industry, ethical obligations, legal and threat landscape, controls, regulatory landscape, and other practical matters related to data security and privacy. Attendees will walk away with a better understanding of their legal and ethical obligations and the current threats facing the industry.

Speakers:

  • Jennifer A. Beckage, Esq., CIPP/US, CIPP/E, Managing Director, The Beckage Firm
  • Randy Fahs, Esq., Assistant General Counsel, Business Operations, Moog Inc.
  • Christopher Hayes, Esq., Assistant General Counsel, Delaware North Companies

Available format: OnDemand, CD, DVD

OnDemand: $45 members (Promo Code: member2025), $90 Non-members

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#2454 Case Law Update from Erie County Surrogate's Court 2023

#2454 Case Law Update from Erie County Surrogate’s Court 2023

Presented on January 26, 2023 (expires 1/26/28)

1.0 CLE credit: Areas of Professional Practice
Appropriate for all attorneys

This program will discuss important case decisions over the past year from Erie County Surrogate’s Court, as well as touch upon significant decisions in surrogate’s court practice from other New York courts.

Moderator:  Linda S. Grear, Esq., Pfalzgraf Beinhauer Grear Harris Schuller LLP, Chair, Surrogate’s Court Cmte

Speaker: Joseph A. Shifflett, Esq., Chief Court Attorney, Erie County Surrogate’s Court

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2455 Wrongful Death Damages: Where Do We Stand in New York Now?

#2455 Wrongful Death Damages: Where Do We Stand in New York Now?

Presented on February 24, 2023 (expires 2/24/28)

1.0 credit: Areas of Professional Practice
Appropriate for all attorneys

Join us for a review of the statute, New York’s state legislative process, and the impact of the demise of the Grieving Families Act in New York. Presented by Kristen Elmore-Garcia, Esq., whose firm The Law Office of John V. Elmore, P.C., is representing victims of the May 14th massacre, this program is a discussion on the current lay of the land in wrongful death cases, and how the failure to pass this bill will impact victims’ loved ones.

Moderator:  Michael F. Perley, Esq., Hurwitz Fine, P.C.

Speaker: Kristen Elmore-Garcia, Esq., Law Office of John V. Elmore, P.C. 

Available format: OnDemand, CD, DVD

OnDemand: $40 members (Promo Code: member2025), $80 Non-members

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#2456 An Overview of Veterans Treatment Court

#2456 An Overview of Veterans Treatment Court

Presented on March 3, 2023 (expires 3/3/28)

2.0 credit: 1.5 Skills, 0.5 Ethics and Professionalism
Appropriate for Experienced Attorneys only

Join the Criminal Law Committee for An Overview of Veterans Court. Attendees will benefit from presentations from the Court and treatment staff, the Erie County District Attorney’s Office, and local criminal practitioners. The CLE will cover an introduction to this specialty treatment court, screening and transfer procedures, plea and sentencing, sanctions and more.

Moderators: Amber Poulos, Esq., & Nora Robshaw, Esq., Co-Chairs, Criminal Law Committee

Speakers:

  • Lauren Bruno
  • Amanda Ciccarella
  • Stephen Earnhart, Esq.
  • Kevin Harris, Esq.
  • Judge Barbara Johnson-Lee
  • Katie Krespan
  • Anthony Kuhn, Esq.
  • Pamela Lamancuso
  • Dan Mitchell
  • Judge Robert Russell

Available format: OnDemand, CD, DVD

OnDemand: $60 members (Promo Code: member2025), $120 Non-members

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#2457 Put Your Best Face Forward: Media Training in a Post-Pandemic World of Law

#2457 Put Your Best Face Forward: Media Training in a Post-Pandemic World of Law

Presented on March 10, 2023 (expires 3/10/28)

2.0 credit: 1.0 Areas of Professional Practice, 0.5 Ethics and Professionalism, 0.5 Diversity, Inclusion, and Elimination of Bias
Appropriate for Experienced Attorneys only

How you present yourself and your organization to the world can have enormous repercussions for anyone, but is especially important to consider for legal providers! This program brings together attorneys and media professionals with a wide range of expertise to help you navigate best practices and potential pitfalls. Presented in collaboration with the Women’s Bar Association of the State of New York- WNY Chapter.

Agenda:
Welcome & Introductions
Keynote Address and Q&A (Hon. Lawrence Vilardo, District Court Judge)
Panel 1: Working with the Media, Attorney Advertising, and Social Media
Panel 2: Ethics: Confidentiality and Retractions
Panel 3: Diversity, Inclusion and Elimination of Bias

Moderators: Ashley Lowry, Esq., Deputy Treasurer, & Lisa Poch, Esq., Director, Women’s Bar Association of the State of New York-WNY Chapter

Available format: OnDemand, CD, DVD

OnDemand: $60 members (Promo Code: member2025), $120 Non-members

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#2458 Canadian Cottage Alert: The New Underused Housing Tax Act

#2458 Canadian Cottage Alert: The New Underused Housing Tax Act

***DISCLAIMER: This program is available in AUDIO ONLY.***

Presented on March 16, 2023 (expires 3/16/28)

1.0 credit: Areas of Professional Practice
Appropriate for all attorneys

Effective January 1, 2023, Canada’s new Underused Housing Tax will affect all Americans owning cottage properties across the border. While your clients may be exempt from paying the tax itself, no one is exempt from filing by April 30, 2023. Join us to learn the new requirements & help your clients avoid the penalties!

Moderator: Hugh M. Russ, III, Esq., Dean of the Erie Institute of Law

Speaker: Richard S. Halinda, B.A. L.L.B., Halinda Romaniuk Law Professional Corporation 

Available format: OnDemand, Audio CD

OnDemand: $40 members (Promo Code: member2017), $80 Non-members

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