DAs File Constitutional Challenge to NY Prosecutorial Conduct Commission | New York Law Journal


The District Attorneys Association of New York and some individual prosecutors filed a complaint against Gov. Andrew Cuomo and the leaders of both state legislative chambers on Wednesday, challenging the constitutionality of a new law that creates a special commission to investigate claims of prosecutorial misconduct.

The complaint, filed in Albany County Supreme Court, alleges that the law violates the separation of powers between the three branches of state government by giving the Legislature and Court of Appeals power over district attorneys, who are executive officials.


Read more…


Cops aren’t entitled to kill dogs during search just because they are unlicensed, 6th Circuit says–ABA Journal

Police officers who fatally shot a couple’s dogs during a home search weren’t entitled to kill the animals just because they were unlicensed, a federal appeals court ruled Monday.

In a 2-1 decision, the 6th U.S. Circuit Court of Appeals at Cincinnati ruled that the couple who owned the dogs could proceed with their Fourth Amendment suit against two of six officers.

The two officers had shot two of the couple’s dogs during their search of the home for marijuana.


One of the two officers had testified he had previously shot 39 dogs. As of July 2016, he had shot at least 69 animals, the lower court opinion said.


Sui Generis–a New York law blog: ABA on disaster preparedness and ethical obligations

Nicole Black

In the wake of Hurricane Florence, disaster preparedness is on everyone’s minds. For lawyers affected by disasters, natural or otherwise, there are unique concerns given the nature of the services that they provide. Statute of limitations and other deadlines must be met despite the weather, as do clients’ needs and concerns. The drumbeat of the law stops for no one which is why lawyers need to take steps to ensure that their law office will continue to run smoothly even after a natural disaster hits.

For lawyers who are unsure how to go about doing this, an opinion recently issued by the American Bar Association provides some guidance. In Formal Opinion 482, the ABA Standing Committee on Ethics and Professional Responsibility addressed lawyers’ ethical obligations in the face of a disaster and provided advice for lawyers seeking to implement a disaster plan for their law firm.

Read more…

Online Survey| Albany Law School’s Rural Law Initiative


Albany Law School’s Rural Law Initiative has asked for the assistance of the Association of Towns with marketing a survey as they attempt to develop a realistic portrait of rural legal practice in New York.


Link to the survey: https://albany.az1.qualtrics.com/jfe/form/SV_9HxZiGThwd3XuoR


Thank you for considering our request for your participation.


Christopher Anderson

Director of Research and Programming

Association of Towns of the State of New York

150 State Street, Albany, New York 12207-1671

Phone (518) 465-7933





Read more about the survey below


The Rural Law Initiative at Albany Law School’s Government Law Center, in partnership with UAlbany’s Center for Human Services Research, is surveying the 5,258 attorneys registered in 42 rural counties.


This project will provide a data-driven, realistic portrait of the state of rural legal practice in New York. The empirical data that will come from this research will have multiple uses for diverse stakeholders, including governments invested in their rural communities, as well as rural lawyers, legal services organizations, and community-based organizations.


If you are a practitioner in rural New York, please fill out this survey now, and share it with your local bar association and others within your legal network. The more of us who fill it out, the better the data.


Deadline: October 19, 2018. The survey closes in two weeks and this is the final push for submissions. Please make your voice count and help us understand the realities of rural practice.


If you have any questions about this survey please be in touch with Taier Perlman, Staff Attorney at the Rural Law Initiative at (518) 445-3263 or tperl@albanylaw.edu

A suspect is forced by the FBI to unlock an iPhone using facial recognition–ABA Journal

An Apple iPhone X user, suspected of possessing child pornography, was forced by the FBI use facial recognition to unlock their phone.

ForbesEndgadget and CNET all have coverage.

Forbes reports this is the first known case where law enforcement in any country has compelled someone to unlock their phone using Apple Face ID.

On Aug. 10, the FBI searched the Columbus, Ohio, home of Grant Michalski. Using his face, Michalski unlocked his phone at the FBI’s request, at which point the agent was able to go through chats, photos and any other accessible material.

Read more…

New York Issues Final Model Sexual Harassment Policy and Training Guidelines – Bond, Schoeneck & King PLLC

By: Subhash Viswanathan

On October 1, the New York State Division of Human Rights issued its final model sexual harassment policy and training guidelines to assist employers in complying with the new sexual harassment legislation that will become effective October 9, 2018.  One piece of good news for employers is that the Division’s final training guidelines no longer require that employers train all employees by January 1, 2019, as the Division initially proposed.  Instead, according to the FAQs, employers will have until October 9, 2019 — a full 12 months from the effective date of the legislation — to complete the training for all employees

DiNapoli: Calls to Investigate Violations of Do Not Call Law Going Unanswered

Do Not Call registry complaints by New York state residents have more than doubled since 2014 to more than 450,000 annually, but only two cases were referred for enforcement action in 2016 and 2017 combined, according to an audit released today by State Comptroller Thomas P. DiNapoli.