ABA Files Suit Against FTC Over Applying Red Flags Rule to Lawyers

The BLT: The Blog of Legal Times : ABA Files Suit Against FTC Over Applying Red Flags Rule to Lawyers

(Updated 1:51 p.m.)

The American Bar Association filed suit today in the U.S. District Court for the District of Columbia against the Federal Trade Commission, seeking an injunction to block the application of the so-called Red Flags Rule to practicing lawyers.

The ABA’s 20-page complaint (.pdf), was filed by a team from Proskauer Rose.

FDCPA: Second Circuit Certifies Questions to NY Court of Appeals

Kuhne v. Cohen & Slamowitz, LLP, No. 08-1669

In an action under the Fair Debt Collection Practices Act claiming that defendants illegally attempted to collect a debt because they were not licensed to do so in New York, the Court of Appeals certifies the following questions to the New York Court of Appeals: 1) whether defendant was a “debt collection agency” under the pre-amendment version of New York City Administrative Code section 20-489(a); and 2) if so, whether defendant violated New York Gen. Bus. Law section 349.

NY: Revocation of Lawyer’s Pension Violated Due Process, Judge Says

The New York Law Journal – ; Revocation of Lawyer’s Pension Violated Due Process, Judge Says

By Vesselin Mitev
August 27, 2009

State Comptroller Thomas P. DiNapoli improperly revoked the $106,000 annual pension of a Long Island lawyer, an Albany judge has ruled in ordering the state to restore the benefit.

The state violated Albert D’Agostino’s due process rights by “depriving him of continuing retirement benefits prior to granting him a hearing and by failing to provide adequate notice” of the case against him, Acting Supreme Court Justice Gerald W. Connolly ruled in D’Agostino v. DiNapoli, 8134-08.

NDNY: Statement on RECAP

The court would like to make CM/ECF filers aware of certain security concerns
relating to a software application or “plug-in” called RECAP, which was designed by a group from Princeton University to enable the sharing of court documents on the Internet. This plug-in is currently only available for the latest release of the Firefox web browser.

Once a user loads RECAP, documents that he or she subsequently accesses via PACER are automatically sent to a public Internet repository. Other RECAP/PACER users are then able to see whether documents are available from the Internet repository. RECAP captures District and Bankruptcy Court documents, but has not yet incorporated Appellate Court functionality. At this time, RECAP does not appear to provide users with access to restricted or sealed documents, nor does it function while logged into your CM/ECF account (the plug-in only activates when logged into your PACER account). Please be aware that RECAP is “open-source” software, which can be
freely obtained by anyone with Internet access and modified for benign or malicious purposes, such as facilitating unauthorized access to restricted or sealed documents. Accordingly, CM/ECF filers are reminded to be diligent about their computer security practices to ensure that documents are not inadvertently shared or compromised.

The court and the Administrative Office of the U.S. Courts will continue to analyze the implications of RECAP or related-software and advise you of any ongoing or further concerns.

Thank you for your attention to this matter.

Lawrence K. Baerman, Clerk


Editor’s Note: for more about the RECAP plugin click here.

Primary Source Documents: CIA interrogation report

JURIST – Paper Chase: Obama administration releases highly anticipated CIA interrogation report

On Monday the DOJ released a much anticipated 2004 Central Intelligence Agency inspector general report [text, PDF] detailing controversial interrogation techniques used on terror detainees.

NY appeals court rules governor lacks authority to appoint lieutenant governor

JURIST – Paper Chase: NY appeals court rules governor lacks authority to appoint lieutenant governor

A New York state appeals court ruled [opinion text] Thursday that Governor David Paterson acted beyond the scope of his constitutional authority when he appointed Richard Ravitch lieutenant governor. The Second Judicial Department Appellate Division affirmed a lower court ruling that blocked Ravitch’s appointment.