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westchester county bar association

newsletterJanuary 2007

CLE & Committee Update . . . . . . . . . . . . .4

President’s Message . . . . . . . . . . . . . . . . . . .5

New Lawyers Section Update . . . . . . . . . . .7

CLE Calendar & Registration Form . . . . . 11

New Pension Protection Act . . . . . . . . . . . 14

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . 20

Did You Know . . . . . . . . . . . . . . . . . . . . . 21

www.wcbany.org

John Savoca, Esq., Renee Martin, Gina Smith, Bernice Margolis, NLS Co-Chair, and Brett LaRocque, Sponsor, Fidelity National Title

Continued on page 8

Toys for Tots Holiday PartyDean Stephen Friedman, Esq. on Diversity. . . An Interview, Part I

By Melissa H. Field On December 5, 2006, the WCBA New Lawyers Section hosted its annual Toys for Tots holiday

party, bringing in more than two hundred toys and hun-dreds of dollars in cash donations for the 59 year old program run by the United States Marines for the benefit of underprivi-leged children in the com-munity. The party, held at Antonee’s in the Elks Lodge in White Plains was the most successful yet, and the Marine vol-unteer Santa had to make

This is the second column of periodic in-terviews that the Diversity Committee is conducting with WCBA leaders and oth-ers on Diversity in our profession. WCBA Diversity Committee’s Mission Statement: Promote and facilitate ethnic, racial, and

gender participation within the legal profession, develop programs designed to expand awareness for change, and increase diversity within the legal community.

On November 6, 2006, I had the pleasure of speaking with the Pace

Law School Dean Stephen Friedman regarding diversity issues in the law. The highlights from our conversation follow: Field: Please briefly describe the path that led you to your current position as the Dean of Pace Law School.

Friedman: I have been at Pace Law School since July 1, 2004. I spent the majority of my career at the law firm Debevoise & Plimpton LLP. After working at the firm for about six months and serving in the U.S. Army for about two and a half years I had the opportunity to serve as Law Clerk to Justice William J. Brennan Jr. of the U.S. Supreme Court and as Special Assistant to the U.S. Maritime Ad-ministrator. I then returned to Debevoise but left in 1978 in order to serve as Deputy Assistant Secretary of the Treasury for Capital Markets Policy and then as Commissioner of the SEC. I returned to the firm again and became partner before leaving in 1986 when I became Executive Vice President of the E.F. Hutton Group Inc. and then Execu-tive Vice President and General Counsel of The Equitable Companies Incorporated and its subsidiary, The Equitable Life Assurance Society of the United States. I rejoined Debevoise in 1993 and stayed there until 2004, when the opportunity at Pace Law School came calling.

Field: How do you define diversity and what do you think “diversity” is?

More photos on page 22.

Inside...Inside...

2 January 2007

Westchester County Bar Association

NEWSLETTERPublished monthly by the WCBA

300 Hamilton Avenue, Suite 301, White Plains, NY 10601

President, Hon. Adam Seiden

President-Elect, Anthony J. Enea

Vice President, Peter P. Zeltner

Vice President, Salvatore A. Lagonia

Secretary, Donald K. Sandford

Treasurer, Thomas H. Welby

Executive Director, Amy C. Patterson

Editor-in-Chief, Hon. J. Radley Herold

Communications Director, Rachel G. Piven-Kehrle

Assistant Staff Editor, Alex Lindquist

Submission of material to the WCBA for inclusion in the Newsletter, 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 Lexis 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.

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Classifi ed Ad Listings: Up to 5 lines $60.00 $ 93.75Up to 10 lines $90.00 $125.00Over 10 lines $10.00 per line $ 18.75 per line

Visit www.wcbany.org for complete ad specifi cations.DEADLINE FOR ALL ADS is the 10th of the month prior to publication.

Preferred Format: PDF, “Press” all fonts embedded.Ads are placed on a fi rst come, fi rst served basis. Ad space must be reserved in WRITING by mail or e-mail. For guaranteed placement in specifi c location, add 10% to ad cost; no pre-payment or bulk discounts are applied. The WCBA reserves the right to reject any ad copy at any time for any reason.

Phone 914.761.3707 x19 Fax 914.761.9402e-mail [email protected].

Display Ads:Size Color Mem. Non.MemBus. Card (2”h x 3½”w) B/W $82.50 $149.50Quarter Page (4”h x 3½”w) B/W $192.50 $287.50Quarter Page (4”h x 3½”w) 4/C $250.25 $416.85Half Page H (4”h x 7½”w) B/W $385.00 $575.00 Half Page H (4”h x 7½”w) 4/C $500.50 $833.75Half Page V (9¾”h x 3½”w) B/W $425.00 $615.00 Half Page V (9¾”h x 3½”w) 4/C $552.50 $ 891.75Full Page (9¾”h x 7½”w) B/W $770.00 $1150.00 Full Page (9¾”h x 7½”w) 4/C $1000.00 $1610.00

Westchester County Bar Association Newsletter 3

4 January 2007

CLE & Committee Update

Photo caption (l-r): Sponsors from Priority Home Care Elizabeth Jalali-Anzivino & Kathy Driscoll, Frances Pantaleo, Esq. speaker, and Neil Rimsky, Esq. Co-chair of the Elder Law Committee.

The Elder Law Committee was please to present yet another topical and well attended CLE on

November 29, 2006 entitled: “Personal Care Contracts & Loans”. Frances M. Pantaleo, Esq. of the firm of Walsh & Amicucci, LLP was the program speaker. Fran provided wonderful examples and professional anecdotes of personal care contracts to attendees. Mark your calendar for the next elder law CLE on January 18, 2007! ■

Photo caption (l-r): Tejash Sanchala, Esq., Dean Kim, Esq., Claire Gallagher, Esq., Emily Waldman, Esq., Professor at Pace Law, Lecia Grant, Esq., Susan M. Damplo, Esq. Chair, and “Wali” Muhammad, Esq. Attending but not pictured was WCBA Past President Hon. Sam D. Walker.

Members of the WCBA Diversity Committee at their November luncheon meeting. Contact Susan

Damplo at 914-693-2476 if you’d like to attend a meeting or would like more information. ■

Standing (l-r): Brian Macreery, Esq., Gary Casella, Esq. Chief Counsel for the 9th JD Grievance Committee, Guest Speaker, Christopher Maher, Esq. Peter Yoars, Jr., Esq., Co-Chair, John Rivera, Esq., Thomas Fanelli, Esq; Seated: Dian M. Larkin, Esq., Incoming Secretary, Ann Cahill, Esq., Incoming Co-Chair, Colin Smith, Esq. Missing from photo: John Keegan, Jr., Esq., outgoing Co-Chair and other Guest Speaker Deborah Scalise, Esq.

The Westchester Bar Association Lawyers Assistance Com-mittee’s December 2006 meeting featured guest speakers

Gary L. Casella, Chief Counsel to the NYS Grievance Committee for the Ninth Judicial District, and Deborah Scalise, Esq.

Discussion focused on the recently enacted Second Depart-ment Diversion Program [N.Y. Comp. Codes R. & Regs. Tit. 22, Section 691.4(m)], which provides for a stay of disciplinary proceedings against an attorney pending the completion of a monitoring program sponsored by a lawyers assistance program approved by the court.

The Committee works in conjunction with the NYSBA’s Lawyer Assistance Program (LAP), which was established as a confiden-tial resource to assist attorneys, judges and law school students who are affected by addictions, stress or depression with the goal of preventing health, family and work-related problems. The LAP is also available to provide collateral services to immediate family members.

The LAP encourages inquiries. Please contact Patricia Spataro, New York State Bar Association at 1-800-255-0569 or John W. Keegan, Jr., WCBA, at 914-683-1100, for further information.

All LAP services are confidential and protected under Section 499 of the Judiciary Law as amended by Chapter 327 of the Laws of 1993. ■

The Ins and Outs of Personal Care Contracts

Diversity Committee Meeting

Lawyers Assistance Committee Meeting


PRESIDENT’S MESSAGE

As we all know our Bar Association is involved in many projects and participates in many events that benefit

the community at large. However, sometimes we lose sight of the fact that our institution is comprised of lawyers, part of whose mission is to help fellow lawyers in the practice of law. Recently a situation was brought to the attention of the Association which allowed us to focus on helping our colleagues.

Many of our members practice in Family Court and provide services in neglect and abuse cases. Many are assigned counsel and are paid for their work pursuant to 18b of the County Law which requires the filing of vouch-ers for payment of services rendered. On August 23, 2005, premanancy legislation was signed into law which, in essence, permanently attached an assigned lawyer to a case of neglect and/or abuse.

The procedure in these matters was to have the lawyer submit a voucher for services rendered to the Court after a neglect finding in a specific case. This was then paid by

By Hon. Adam Seiden

the County. Thereafter, the attorney could be brought back into Court on any number

of issues on the case, including exten-sions of placement or supervision, terminations of parental rights, vol-untary placements, compliance hear-ings and/or other emergency matters. These “call backs” for representation might occur several months to many years after the original neglect or abuse findings.

The problem was that the Family Court in Westchester County was not issuing new vouchers because of the new permanency legislation and the County of Westchester was taking the position that old vouchers had already been paid and no further money could be added to those vouchers. Our col-leagues were in the position of provid-ing services without being paid. One of

our members was actually carrying 10 such cases.In the past, negotiations held by 18b Family Court As-

signed Counsel members and the administrations of the

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Continued on page 13

Eve Bunting-Smith, member of the WCBA Judiciary Committee who was responsible for bringing this situation to the WCBA’s attention, with WCBA President Hon. Adam Seiden

6 January 2007

The Time Management Revolution

Many attorneys have the feeling that their practices are like a cascading river where the rushing cur-

rent never lets up. They leave the office on Tuesday evening and come back Wednesday morning to the same rolling torrent of deadlines, to-do lists, emails, and meetings as though they’d never left the night before. There’s just no let up.

And while it seems impossible to step back from the torrent, pausing to do some basic planning is exactly what is needed in the moment. In fact, it’s the only way to slow the current down and begin to build more control into your days and weeks.

Indeed, it’s widely accepted (if not as widely practiced) that one of the best ways to be more productive in less time is to plan effectively. But when is the best time to plan? At the front-end of a natural cycle, such as the workweek. By creating a consistent Monday morning rou-tine in which you 1.) scan the week ahead, 2.) adjust your priorities and

3.) schedule accordingly, you’ll bring significantly more order to your practice.

A 50-hour workweek contains 3000 minutes. There-fore, 30 minutes represents one percent of your work-week. (Yeah, we know, your workweek may well be more than 50 hours, so the investment we’re asking you to make is even less than 1% of your week!)

Before you do anything else on Monday morning—

and we mean anything else—invest one percent of your week planning to make the rest of the 99 percent more effective. It will revolutionize your practice!

Look at your calendar for the coming week (and scan the following week as well). First, determine priority pro-duction and/or trial prep for the week and block in time for that work in your calendar. Then determine your mar-keting and management/administration priorities for the week and block in time for those too. If you need to shift some appointments to give yourself some time, do it.

Finally, create a recurring event in your calendar for these Monday morning planning blocks. Note: shift the six occurrences that fall on federal Monday holidays to Tuesday (January 15, February 19, May 28, September 3, October 8, and November 12).

Stopping to create a game plan in the middle of what seems to be an impossibly busy flow of multiple projects is exactly what will make them all go more smoothly. Remember, except for the relatively small percentage of time that is externally controlled by a judge, YOU are, ultimately, responsible for how you allocate it. So start each week with a more proactive allocation. You’ll get a lot more done with a lot less stress. ■

...it’s widely accepted (if

not as widely practiced) that one of the best

ways to be more productive in less

time is to plan effectively.

By Bill Jawitz

PRACTICE MANAGEMENT MEMOMEMO

PRACTICE MANAGEMENT MEMOMEMO


On December 5, 2006, the NLS hosted its annual “Toys-for-Tots” Holiday Party. On behalf of the NLS,

we would like to thank Fidelity National Title Insurance Company of New York & Citigroup for generously spon-soring the event. We would also like to thank all of the attendees that donated toys. Thanks to you, there will be many happy children this holiday season.

Going forward into the new year, on January 11, 2007, the NLS will be hosting a networking event “Shakin’ Things Up” at Vintage Bar & Restaurant in White Plains from 6:00 - 9:00. The event will be $25 in advance, $40 after January 9, 2007 or at door. The price includes cold and hot buffet PLUS 2 drinks.

Also scheduled in the New Year is the NLS next install-ment of “How To” CLEs, “How to Litigate an Employ-ment Case”, which is scheduled for January 18, 2006 at Antonees on Broadway (the Elk’s Lodge). The event, which will be presented by Dan Driesen, Esq. of Sapir & Frumkin, LLP and will be co-sponsored with the Labor Committee of the WCBA.

The NLS is also organizing additional “How To” CLEs

for the upcoming year including: “How to Pick a Jury”, “How to Handle a Criminal Case” and “How to Handle a Matrimonial Case.” The NLS welcomes and encourages suggestions and ideas for CLEs and events that would be helpful to the new lawyers of our community. Please contact the chairs of the NLS, Bernice E. Margolis at [email protected] and Brian R. Callahan at [email protected] with any suggestions for events and CLEs, or any general questions relating to the NLS or the WCBA.

The NLS also encourages you to update your email address on your profile at the WCBA’s website www.wcbany.org. By doing so, you insure that you will receive notices of all the great upcoming events and CLEs the WCBA and the NLS has to offer. Don’t have a profile? Setting one up is easy, just create a user name and pass-word by clicking on the “Members Only” link on the WCBA webpage. Not a member? For just $5, member-ship in the NLS gets you advanced notice of all events, CLEs and special member discounts. The membership pays for itself ! ■

By Julie Cvek, Esq. NEW LAWYERS NOTESNEW LAWYERS NOTES

8 January 2007

Diversity Interview continued from page 1

Friedman: When I hear the word “diversity” I think of a diverse environment in which there are a lot of different points of view and cultural outlooks represented; however, I really think that diversity ought to be thought of in the broadest possible terms. It is important for us to be sur-rounded by people from different places and from different cultural groups.

Field: How has diversity affected Pace Law School?

Friedman: I think that diversity affects Pace Law School as it affected many facets of every day life. There is a richness and an eye-opening quality to spending time with people from different backgrounds and different points of view. I think it is incumbent upon all of us to learn the different perspectives from which others see the world. It is interest-ing and surprising, sometimes even astonishing, to see how differently other people perceive things.

Field: As of the fall 2005, minority students represented seventeen percent of Pace Law School’s total student body. What has Pace Law School done to increase the presence of minorities on campus?

Friedman: We have an active minority recruiting program and the Office of Admissions, for example, recruits and interviews at historically black colleges. Also, along with the Hispanic National Bar Association, Pace Law co-hosts the Puerto Rican Legal Defense and Education Fund Law Day. Held in the fall at the Pace University campus

in New York City, the Law Day attracts large numbers of prospective students. The idea is to attract more students of Hispanic heritage to the legal profession, and we co-host it not only as a recruiting device, but also as a way of reach-ing out and conveying the excitement and opportunity that careers in the law can offer. We desire a student body of true diversity with back-grounds of all kinds. Pace, early on, recognized the impor-tance of women in the legal profession, a group who now comprise about one-half of all law students nationwide. As evidence of this foresight, this group represents even a higher percentage of Pace Law students.

Field: In May 2006 the WCBA joined Pace Law School at its first annual Diversity Day Celebration. Can you please give some additional examples of diversity initiatives?

Friedman: We make diversity grants, which are essentially scholarship grants made to attract minority students. The grants are not based on LSAT or GPA scores, but in part on our desire to diversify our student base. We also participate in the New York City Bar Association’s minority extern-ship program. The program strives to create an environ-ment that is attractive to minority law students by placing them with law firms and corporations. Notably, Pace Law School had the largest number of externs participating in this program last year. Further, we are just starting a state-funded, 100% scholarship, joint venture with the New York State Judicial Institute called LEO, which stands for Legal Education Opportunities. LEO is a summer prepara-tion program for minority students who are going to law school. The program will begin this coming summer with Pace Law School hosting thirty students. The classes will be run by Pace Law students and by judges through the Judicial Institute. ■

Melissa Field, a third year student at Pace Law School, is the student liaison to the WCBA and a member of the Diversity Committee.

Stay Tuned for Part II in February!


THE COLLATERAL CONSEQUENCES OF REQUIRING A COURT TO ADVISE ABOUT COLLATERAL CONSEQUENCES

By James M. Rose, Esq.

Continued on p.

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The New York Law Journal of November 7, 2006 reports that the New York State Bar Association

House of Delegates called for a law “...requiring judges to warn criminal defendants of all civil consequences of a guilty plea.” Does anyone claim to know what all the consequences of a conviction are? We’re in for some long plea allocutions if anyone can figure them out. This seems like a well intentioned piece of leg-islation by people who have not thought through the consequences. If a judge forgets to tell a future felon that he will no longer be eligible to be a junk dealer (Gen. Bus. Law Section 61) will the plea be void?

Most people know that certain convictions disqualify a person: to vote, to hold public office, to have a license for a firearm, to receive welfare benefits, to live in public housing, to remain in this country if he is not a citizen, to serve on juries, to adopt or have a foster child in the home, to retain his driver’s license; and require him: to forfeit the instrumentalities of a crime, to go on a sex offenders registration list, to be denied student loans,

to lose the right to go on the internet (sex offenders), to live near schools, or to lose his passport. Other conse-quences of a conviction can be the requirement to serve time in jail or prison, to wear an ankle bracelet that declares his whereabouts, to give a DNA sample (and per-haps lose a future paternity suit as a result) or to report to a probation or parole officer as required. A client who was sentenced to weekends in jail once complained to me that as a consequence of being fingerprinted every weekend he could never fully remove the ink from under his fingernails. Is that a collateral consequence requiring a warning?

The short list above doesn’t include consequences like the impact of the conviction upon future convic-

...there are 39 listed professions from Architect to Veterinarian that a felon cannot pursue...

continued on p. 10

10 January 2007

Collateral Consequences, Cont’d from page 9

tions (i.e., enhanced punishment or sentences for repeat offenders, persistent felony offenders, the third speed in eighteen months, and the like), the credibility of the felon as a future witness, the impact of the convic-tion on the denial of good time when the defendant

is currently serving time on another charge, or the res judicata effect it might have on a variety of claims such as workers compensa-tion benefits, or civil law suits for damages, (includ-ing his civil rights law suit against the police or his false arrest law suit). Must the judge advise about the effects a DWI will have on

the insurability of a defendant or his vehicle? Does a judge sentencing a defendant for speeding have to advise him of the exact consequences it will have on

his insurance rates, or the points on his license, or on the ability to register his vehicle? What about the ef-fect of an unpaid fine on his credit rating? What of the tax consequences of fines, restitution, mandatory surcharges, victim assistance fees, and civil penalties (such as the one for driving without insurance)? Is the probation supervision fee or the restitution collection agency surcharge a civil or criminal consequence, and is it collateral or direct?

Must a judge list each profession a person could not be permitted to pursue as a convicted offender? In Washington D.C. (according to a federally funded paper available on the Internet) there are 39 listed professions from Architect to Veterinarian that a felon cannot pursue, not to mention all professions where a license can be denied in the discretion of some author-ity, depending on the nature of the offense. In New York the licensed professional list (see the list in Rose, New York Vehicle and Traffic Law at ‘ 7.3) includes physical therapists, dental hygienists, masseurs, short-hand reporters and speech pathologists. Holders of liquor licenses are vulnerable as well. What if a judge fails to mention that a felony conviction disqualifies a person from serving on the Board of the National In-dian Gaming Commission (25 U.S.C. ‘ 2704 (b)(5)(A)? One collateral consequence of the requirement to list all collateral consequences will be more motions to vacate guilty pleas.

Must a judge warn a defendant that his angry spouse may now divorce him and cite his incarceration as a reason? Must the jurist warn that the scorn of an angry mother-in-law will no doubt echo for Thanksgiving dinners for years in the future? Will there be collateral consequences to the failure to warn about collateral consequences? One possibility comes to mind. If the judge must advise the defendant of collateral conse-quences the attorney is relieved of that responsibility. If neither advises the defendant that he is subject to deportation for a felony conviction ,the defendant who sues his attorney for malpractice will be faced with the response that it was the judge’s obligation. The judge has immunity for acts or omissions committed in his official capacity, and the unadvised defendant is left with no one to sue. Maybe that is what the State Bar was up to all along. ■

James M. Rose, Esq., White Plains, NY, is a member of the WCBA Board of Directors and the author of New York Vehicle and Traffic Law (2nd Ed).

Does a judge sentencing a defendant for speeding

have to advise him of the exact consequences

it will have on his insurance rates...


WCBA CLE CALENDAR OF EVENTS

JAN 9, TUE.REAL PROPERTY SECTIONChairs: Julia Heilman, Esq. & Ira Goldenberg, Esq.Topic: “Caveat Emptor v. A Real Estate Broker’s Duty to Disclose and the New Agency Law” – (T)Speaker: Edward Sumber, Esq.Place: Coughlan’s Restaurant 15 South Broadway, White PlainsTime: 6:00 pm – 8:30 pmPrice: $40.00 Mem. / $55.00 Non-Mem.Sponsor: New Age Title Agency, Inc.2 Credits of Professional Practice (Incl. dinner)

JAN 18, THURS.ELDER LAW COMMITTEEChairs: Rita Gilbert, Esq. & Neil Rimsky, Esq.Topic: “Planning to Stay at Home” – (T)Speakers: Sara Meyers, Esq. and Miriam Scholl, LMSWPlace: Sterling Glen of Rye Brook, 1200 King Street, Rye BrookTime: 8:00 am – 10:00 amPrice: $40.00 Mem. / $55.00 Non-Mem.Sponsor: Sterling Glen of Rye Brook2 Credits of Professional Practice (Incl. breakfast)

JAN 18, THU.NEW LAWYERS SECTION & LABOR LAW & EMPLOYMENT COMMITTEEChairs: Bernice Margolis, Esq.; Brian Callahan, Esq.; Edward Beane, Esq.; Michael Collins, Esq.; & William FrumkinTopic: “The New Lawyer Section and Labor Law & Employment Committee Present: How to do an Employment Case”– (T)Speaker: Daniel T. Driesen, Esq.Place: Antonees on Broadway (in the Elks Lodge) 115 N. Broadway, White PlainsTime: 6:00 pm – 8:00 pmPrice: $35 Mem. / $50.00 Non-Mem. / $20 NLS Members1 Credit of Professional Practice and 1 Credit of Skills (Incl. dinner)

JAN 22, MON.TRUST & ESTATE SECTIONChairs: Gary Bashian, Esq. & Frank Streng, Esq.Topic: “Spousal Right of Election: Probate, Medicaid, and Ethics Issues” – (T)Speaker: Scott Sherman, Esq.Place: Sam’s of Gedney Way, 52 Gedney Way, White PlainsTime: 5:00 pm – 7:00 pmPrice: $45 Mem. / $75 Non-Mem.Sponsor: Citigroup2 Credits of Professional Practice (Incl. dinner)

JAN 24, WED.TAX SECTIONChairs: James Ausili, Esq. & Paul Bercovici, Esq.Topic: “Tax Law Update 2007” – (T)Speakers: James Ausili, Esq. & Paul Bercovici, Esq.Place: Crown Plaza, 66 Hale Ave., White PlainsTime: 8:00 am – 10:00 amPrice: $40 Mem. / $65 Non-Mem.Sponsor: Westlaw2 Credits of Professional Practice (Incl. breakfast)

SPECIAL EVENT JANUARY 10, TUESDAY WITH THE WWBA:

THE DIVERSITY COMMITTEE OF THE WCBA, IN ASSOCIATION WITH THE INTERNATIONAL WOMEN’S RIGHTS COMMITTEE OF THE WWBA

Title: “Torturing the Law: Treatment of Detainees of the War on Terror”Speaker: Jose E. Alvarez, Esq. Mr. Alvarez is a Hamilton Fish Professor of International Law and Diplomacy, Columbia Law School, and President of the American Societyof International Law.Time: Registration and light supper 5:30 pm; program 6:00 pmPlace: The Private Bank, The Bank of New York,701 Westchester Avenue, White Plains

SPACE IS LIMITED TO 65 PERSONS

RSVP Linda Loscalzo (914) 946-3700 or [email protected]

SOLE PRACTITIONERS - THINKING ABOUT

RETIREMENT? Available on the WCBA website an invalu-able guide to assist you in this process....forms, frequently asked questions, ethical and professional issues, and much more....to access “A Planning Ahead: Establish An Advance Exit Plan to Protect Your Clients” Interests In the Event of Your Disability, Retirement or Death,” log on to our website — wcbany.org — click on to “Resources,” “Resources for Attorneys” and “Sole Practi-tioners” - or simply type “Sole Practitioners” into the search box on the home page. ■

12 January 2007

Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by e-mailing [email protected] or calling 914/761-3707 ext. 13. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE.

Please note that you may register immediately for CLE by visiting our website: wcbany.org or fax this form to (914) 761-9402 or mail to 300 Hamilton Ave., Ste. 301, White Plains, NY 10601

Please register in advance whenever possible. Registration later than 12 p.m. 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.

CLE or Event Title Date Time Fee

Name(s) ____________________________________________________ E-Mail _______________________________

WCBA Member? ❏Yes ❏No If not, would you like to join and pay for this CLE at the member price? __________

Firm ______________________________________________________ Business Telephone _____________________

Method of Payment: Check/money order enclosed $ ___________ or Charge to ________Mastercard ________ Visa

Card Number _______________________________________________ Expiration Date ________________________

Credit Card Billing Address ___________________________________________________________________________

Authorized Signature _______________________________________________________________________________

If you have paid for a program in advance and circumstances require cancellation, full credit will be applied to a future program, provided written notification (by mail/fax/e-mail) is received by the WCBA at least 1 business day in advance of the program.


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Oh yeh, oh yeh, oh yeh - the Westchester County Bar Association Awards

Committee hereby seeks nominations for the New York State Bar Association Pro Bono Award. The New York State Bar Association Pro Bono Award is given an-nually to an attorney in each of 12 Judicial Districts and to one young lawyer (a lawyer who has been practicing less than 10 years or who is under the age of 36) and one attorney who has rendered outstanding pro bono service while serving as in-house counsel, such as for a corporation, court or government agency or non-profit entity. To be eligible for any of these individual awards, an attorney must be admitted to practice in New York State and must have rendered pro bono services or have participated in a pro-bono program in the state. Such great work needs to be recognized and the Awards Com-mittee will complete the submissions for you. Do you know someone who deserves such recognition? We want to know! Send your nominations to the WCBA Awards Committee, c/o Chairman Salvatore A. Lagonia, Esq., P.O. Box 571, Yorktown Heights, New York 10598 or email to [email protected]. ■

Oh Yeh, Oy Yeh — Pro Bono AwardNominations Wanted!Family Court and Legal Services had gone nowhere. The

Westchester County Bar Association was informed of the problem and acted swiftly to seek a remedy. Our ongoing great relationship with Judge Nicolai, the Ninth District Adminis-trative Judge was the key. When we brought this issue to the Judge’s attention he immediately contacted the Administration of the Family Court, set up appropriate meetings and arranged for the issuance of new vouchers to lawyers when they provide supplemental services on these cases. The problem appears to be solved.

Credit for such quick action must, of course, go to Judge Nicolai, James McAllister, the Clerk of the Family Court, Westchester County Bar Association Family Court Commit-tee co-chairs Richard S. Birnbaum and Lawrence S. Horowitz, and Eve Bunting-Smith, a member of the WCBA Judiciary Committee.

Many advantages to all concerned have resulted from the elimination of this problem. Lawyers familiar with the par-ticular cases remain on the job, to the advantage of litigants and the Court. The County saves money by not having to pay new counsel to “come up to speed” on the matter. Lawyers can now represent their clients with the knowledge that they will be paid for their services.

Lawyers working for the betterment of colleagues and thereby helping the justice system and the general community; what a great idea! ■

President’s Message —continued from page 5

14 January 2007

President Bush recently signed into law the Pension Protection Act of 2006 (the “Act”). While the Act

was initially pub-licized as merely s t r e n g t h e n i n g funding require-ments to protect pension benefits, in reality it is far reaching and sig-nificantly alters the retirement plan landscape. The Act amends a multitude of provisions in the Internal Revenue Code and ERISA, thereby changing

fundamental rules governing pensions, 401(k)s and other types of retirement plans.

There are two important new plan benefit distribution rules that business owners and their advisors should be aware of now.

NEW PENSION PROTECTION ACT MAKES FAR-REACHING CHANGES

By By Ira Langer, Esq.

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Participants can now continue to accumulate their benefi ts in

a pension or profi t sharing plan and have full confi dence that

upon their deaths, their benefi ciaries (whether

spouses or not) will have an opportunity to

defer taxes .

Plan Distribution Rules1. Rollovers by Non-Spouse Beneficiaries. Under

prior law, if a plan participant died before receiving his full plan benefit and had designated his spouse as the plan beneficiary, the spouse could roll over the participant’s benefit into the spouse’s IRA, thereby de-ferring tax. However, if a child, a trust or some other person was the designated beneficiary, that non-spouse beneficiary could not roll over the plan benefit.

This rule created problems in at least two different situations. First, if the business that maintained the plan was discontinued after the death of the business owner, the business’s qualified plan would ordinar-ily be terminated and benefits fully distributed to the beneficiary. If the beneficiary was not the spouse, the beneficiary was hit with a substantial income tax and lost the opportunity for further tax deferral. Second, even if both the business and the plan continued after the death of the participant, if the plan did not provide for installment payments and only allowed lump sum distributions, a non-spouse beneficiary had to pay taxes on the full benefit soon after the participant’s death.

The Act changes this rule, effective as of January 1, 2007, to allow non-spousal beneficiaries to directly


transfer plan benefits to a separate IRA established for this purpose. As a result, participants can now continue to accumulate their benefits in a pension or profit sharing plan and have full confidence that upon their death, their beneficiaries (whether spouses or not) will have an oppor-tunity to defer taxes by use of the “direct transfer to IRA” provision, even if a lump sum plan distribution must be made from the original plan.

2. IRA Distributions to Charity. Another distribution rule change applies to IRAs (but not pensions and other qualified plans). Under the Act, someone who has an IRA may now direct that distributions be made directly from the IRA to a charity on a tax-free basis. This rule – which applies only to distributions made in 2006 and 2007 - is subject to certain limitations. First, there is a $100,000 cap per taxpayer, per taxable year. Second, the distribu-tion must be to a tax-exempt charitable organization that is not a private foundation or a donor-advised fund. Third, the distribution must be made after the IRA owner has reached age 70½.

Distributions that satisfy the above requirements are excludable from the IRA owner’s gross income and count towards satisfying the IRA owner’s required minimum

distribution requirements that apply after you reach age 70½. Thus, a charitably inclined IRA owner may make an IRA qualified charitable distribution in an amount equal to his Minimum Required Distribution for that year and will be considered to have satisfied his minimum distribution requirement without having to increase his adjusted gross income for the year and without having to pay any taxes on the distribution. Of course, since the IRA charitable distribution is not included in the IRA owner’s income, it does not also create a tax deduction.

The benefit of this new provision is that a regular chari-table contribution, using the taxpayer’s personal funds, is subject to various deduction limitations that typically hit wealthy individuals who are in a high tax bracket. Utilizing the IRA charitable distribution technique discussed above avoids all of these limitations.

Individuals who wish to take advantage of these new rules must exercise care to avoid possible pitfalls. ■

Ira Langer, Esq. is a partner at the White Plains law firm of Danziger & Markhoff LLP.

16 January 2007

The WCBA would like to welcome new attorney members: Gail Marie Boggio, Esq. of Scarsdale; Christopher Cabanillas, Esq. of White Plains; Kathleen Elizabeth Campbell, Esq. of Scarsdale; Anthony Marcus Cerreto, Esq. of Toms River; Peter Davis, Esq. of Mount Vernon; Russell Cornell D’Costa, Esq. of Peekskill; Marisa Christide DeVito, Esq. of White Plains; Kathleen Gallo, Esq. of White Plains; Lisa S. Goldman, Esq. of White Plains; An-drea A. Grant, Esq. of Bronx; Gregory Vincent Ippolito, Esq. of White Plains; Jennifer M. Jackman, Esq. of West Harrison; William G. Kelly, Esq. of White Plains; Nancy E. Kennedy, Esq. of Rye; Whitney M. Krosse, Esq. of Croton on Hudson; Dian M. Larkin-Diaconis, Esq. of Chappagua; Michelle Helene Lewis, Esq. of White Plains; Robert Edward Mayes, Esq. of White Plains; Patricia L. Moro of Briarcliff Manor; David L. Posner, Esq. of Pough-keepsie; John Salvatore Rand, Esq. of White Plains; John A. Tangredi, Esq. of Hartsdale; Nancy Tagliafierro, Esq. of White Plains; Andrew W. Tully, Esq. of Yorktown Heights; Professor Emily Goid Waldman of White Plains; Jeannette Warner-Goldstein, Esq. of New York; David Louis Wecker, Esq. of Danbury and Marnie Armstrong Weiner, Esq. of White Plains.

We would also like to welcome new affiliate members: Evan Marc Gilder of White Plains; Katalin Goencz of Stamford; David L. Gresen of Woodbury; Ira David Langman of Elmsford and Domenick Laperuta of Yonkers, and new student members: Keyji Ayorinde of Pennsauken; Delyanne Barros of White Plains; Caroline Louise Bucci of White Plains; Steph J. Campbell of White Plains; Heta Desai of White Plains; Audley Horatio Foster of Mt. Vernon; Carly Grant of West Harrison; Adrienne Harrison of White Plains; Brett S. Lando of Congers; Bradford N. Lombardi of White Plains; Patria Pichardo of New Rochelle; Ashley Sproat of White Plains and Latrice Vinell Walker of the Bronx.

We hope to see you at CLE’s and other WCBA events!

Welcome New Members!

RAYMOND J. KEEGAN & ASSOC., LLP

AND

KEEGAN, KEEGAN & STRUTT, LLP

TAKE PLEASURE IN ANNOUNCINGTHE FORMATION OF

KEEGAN, KEEGAN, KEEGAN & STRUTT, LLP

WITH OFFICES AT

81 MAIN STREETWHITE PLAINS, NEW YORK 10601

(914) 683-1100FAX: (914) 683-7363www.keegan-law.com

Bad Weather? Great Websites! “Know Before You Go!”Log onto www.wfasfm.com or www.wfasam.com

or listen to your radio on: 103.9 FM, 106.3 FM or 1230 AM


The WCBA is pleased to announce that author and spe-ker Joe Klein will be the guest speaker on May 24th at

the WCBA Annual Banquet, to be held at the Westchester Marriott in Tarrytown, NY. Joe Klein writes “In the Arena,” a weekly column in TIME Magazine which covers national and international affairs. In 2004 he won the National Headliner Award for best magazine column.

As “Anonymous,” Mr. Klein was the author of the critically acclaimed novel Pri-mary Colors, which was inspired by the 1992 Presidential race. Primary Colors was the first book in history to simultaneously make the bestseller lists on three continents on the same day and spent 25 weeks on the The New York Times bestseller list. His follow-up political novel was The Running Mate.

In 2002, Klein published The Natural: The Misunderstood Presidency of Bill Clinton (March 2002). This definitive analysis of what happened and why during the Clinton years became an instant New York Times bestseller. Publishers Weekly wrote, “There will be numerous books written about Clinton and his presidency, but they will be hard pressed to capture the public and private Clinton as well as this one.”

Klein’s latest bestseller is Politics Lost: How Ameri-can Democracy Was Trivialized by People Who Think You’re Stupid. The New York Times said, “Klein possess-es one of the more musical ears in American politics, a

gift for hearing what others miss.” Mr. Klein has been a consultant for CBS

News and provided commentary on American politics for various broadcasts from 1992 until July of 1997; during the 2004 presidential cam-paign, he was a regular contributor to Paula Zahn Now and other broadcasts on CNN. He now appears frequently on Meet the Press, The Chris Matthews Show and other broadcasts.

In addition, he has written articles and book reviews for The New Republic, The New York Times, The Washington Post, Life, Rolling Stone,

and other publications. He is also the author of two nonfiction books, Payback: Five Marines After Vietnam(1984) and Woody Guthrie: A Life (1980).

Mr. Klein graduated from the University of Pennsyl-vania with a degree in American civilization. He is a member of the Council on Foreign Relations and is a former Guggenheim fellow. He lives with his wife and two children in Westchester County, New York. ■

Joe Klein, Author of Primary Colors, Time Columnist and Political Commentator, to be 2007 Annual Banquet Speaker

18 January 2007

using confidential information. The agreement rein-forced the employees’ duties that existed under New York law. While intuition might suggest that employ-ment agreements are used to create additional restric-tions for the former employees, the Second Circuit characterized the agreements as the former employees’ opportunity to contractually limit their implied duties to the employer. Thus, in B.U.S.A. Corp., the absence of an employment agreement actually supported plain-tiffs’ motion because defendant had not contractually limited her implied fiduciary duties.

B.U.S.A. Corp. serves as a reminder of the fiduciary duties that former employees, particularly officers, directors, managers, and agents owe to employers. These titles clearly bear significance long after the employment is terminated, even in the absence of a non-compete agreement. ■

Brendan J. Reilly, Esq. is an associate at COLLEN IP, and a member of the Corporate and Commercial Law Committee.

Former officers and managers of businesses can be prohibited from direct competition with their

employers, even in the absence of a non-compete agreement.

In B.U.S.A. Corporation v. Ecogloves, Inc. and Lynn Riley, 05-CV-9988 (S.D.N.Y 2006) two Bedford-based manufacturers and brokers of cosmetic goods sued a former manager and her new corporation alleging that the former employee misappropriated trade secrets, and interfered with the plaintiffs’ relationships with their clients and customers.

The lawsuit claims that the individual defendant used her knowledge of plaintiffs’ accounts, manufacturing processes, contact information, and pricing structure in an effort to steal plaintiffs’ clients, undercut plaintiffs’ prices and bids, and start her new corporation in di-rect competition with the plaintiffs. The parties did not have a non-com-

pete or non-disclosure agreement.The plaintiffs moved for a preliminary injunction

and claimed that the defendants’ practice of submit-ting competing bids was irreparably harming their business.

District Judge Stephen C. Robinson granted the plaintiffs’ motion. In so holding, the Court reiterated the elements of a claim for misappropriation of trade secrets under New York law: (1) that the claimant must demonstrate that it possessed a trade secret; and (2) that the defendants used the that trade secret in breach of an agreement, confidential relationship or duty, or as the result of discovery by improper means.

After determining that the plaintiffs possessed certain trade secrets, the Court found that the plaintiffs satis-fied the second element because the defendant was a former manager who had worked for plaintiffs for five years. The defendant’s status as a manager created a fiduciary duty which served as a substitute for a non-compete agreement.

The Court largely relied on the Second Circuit’s rul-ing in North Atlantic Instruments, Inc., v. Haber, 188 F.3d 38 (2d Cir. 1999). In that case, the parties had entered into a written employment agreement which explicitly prohibited the former employees from disclosing or

Former Managers Watch Out: Absence of ANon-Compete Agreement May Not Protect You

By Brendan J. Reilly, Esq.

B o o k k e e p i n g a n dA c c o u n t i n g S e r v i c e s

Specializing in the Reconciliation of Escrow Accounts

Tel : 914-395-3598Fax: 914-395-3617

E m a i l :D M I 2 1 0 @ a o l . c o m

...titles clearly bear signifi cance

long after the employment is

terminated...


Sarah Thomas Maldonado has become Of Counsel to the law firm Jones Garneau, LLP and is heading the firm’s new Immigration Law Practice. She handles a wide range of immigration matters, focusing on employment-based and family-based immigrant and nonimmigrant visa cases. She also represents clients in naturalization/citizenship, employment authorization, temporary protected status, diversity lottery, asylum, NACARA, and cancellation of removal cases. Ms. Maldonado has served as Immigration Attorney at the Westchester Hispanic Coalition and is a former Assistant District Counsel for the U.S. Department of Justice, Immigration and Naturalization Service. In ad-dition to being a member of the WCBA, she is a member of the American Immigration Lawyers Association and a member of the Immigration Committee of the Westchester Women’s Bar Association. Her contact information is:

Sarah Thomas MaldonadoJones Garneau, LLP670 White Plains Road, PenthouseScarsdale, NY 10583 Tel.: (914) 472-2300 Fax: (914) 472-2312 Email: [email protected].

MARC J. WACHTELL CHRISTOPHER E. RAO

WORKERS’

COMPENSATION

HOFFMAN, WACHTELL, KOSTER, MAIER RAO & GOLDENBERG

Est. 1983 AV Rated 399 Knollwood Road White Plains, NY 10603 (914) 682-8000 82 Maple Avenue 963 Route 6 New City, NY Mahopac, NY

WCBA Board of Directors MeetingDate Changed to January 18, 2007

Raising the Bar by Raising the Bar by Moving the BarMoving the Bar

to our NEW ADDRESS:to our NEW ADDRESS:

One North Broadway, Ste. 512White Plains, NY 10601

The WCBA gratefully acknowledges The WCBA gratefully acknowledges new donations from:new donations from:

Ruth D. Raisfeld 1 boxRuth D. Raisfeld 1 boxReich, Reich & Reich, PC 2 boxesReich, Reich & Reich, PC 2 boxesMarkhoff & Mittman 2 boxesMarkhoff & Mittman 2 boxesWalter J. Handelman 2 boxesWalter J. Handelman 2 boxesJohn Pappalardo 1 boxJohn Pappalardo 1 box

DO YOU HAVE NEWS? Email us at [email protected]

20 January 2007

CLASSIFIEDOFFICE SPACE AVAILABLE

Bronxville — In the heart of the Bronxville Village, this newly remodeled duplex law office boasts 1,150 sf on each floor. The first floor has a beautiful reception area that contains a large built-in wooden desk, a private office, conference room, two bathrooms and a kitchen area. The second floor has a large open space, and three private offices. Located in one of Westchester County’s most desirable towns. Houlihan and O’Malley 914-337-7728 ext 20 or email: [email protected].

Mamaroneck — 2 large, bright windowed offices (one furnished) available in congenial law suite with use of phone system, voice mail, parking, kitchen, conference room, reception room, copier & fax. DSL available. Near major highways. Please call (914) 835-1600.

Scarsdale — For sublease two windowed offices on Central Park Ave., in building with plentiful, free park-ing next to P.O.just 12 mins. from downtown White Plains. Call (914) 472-2900.

White Plains — 50 Main Street. Newly constructed suite, one office available. Conference room, fax, copier, DSL. Call (914) 683-8030.

White Plains — One Water Street, in law suite next to WP train, full amenities & parking available. Starting at $1000.00. Call 914-686-2111 ext. 102.

White Plains — 3 new windowed offices in collegial law suite. 2 have desks and chairs. Space for prlgl. Modern building near train with 24/7 access. Rent includes DSL, 2 conf. rooms & indoor parking. Ph, Fax, Copier. Rent starts @ $650.00. Call Michael or Lou (914) 684-6000.

White Plains — 175 Main Street; easy access to all courts, metro north; 11’ x 18’ windowed office in six at-torney non-smoking suite; includes Westlaw, reception-ist, DSL, copier, fax, library/conference room. $795.00 per month. Secty. space available. Call 914-946-1582.

White Plains — White Plains- Ten Bank Street. One or two windowed offices with secretarial station avail-able in most sought after building, conveniently located close to Courts and train station. Includes receptionist, copier, postage, conference rooms and kitchen. Parking available but extra. Please call (914)993-0936 or e-mail: [email protected].

White Plains — New Luxurious double windowed of-fice within law firm suite in a Class A building - security, parking, reception, postage/copier/fax machine, work station, conference room, high speed internet, walk to White Plains Courts and train, online legal research and future expansion possibilities. Call (914) 993-0600 or [email protected].

EMPLOYMENT OPPORTUNITIES

Attorney — Poughkeepsie law firm seeks attorney with 1+yrs experience in commercial litigation with transac-tional experience a plus. Send resume to Donna Mor-rissey, McCabe & Mack LLP, POB 509, Poughkeepsie, NY 12602, e-mail [email protected] or fax 845-486-7621.

AFFILIATION WANTEDMatrimonial & Commercial Litigation AttorneySeeks association with firm. 20 yrs. exp, highly skilled, solo-practitioner with portable practice. Call (914) 526-3917.

2 attorney Manhattan firm interested in relocating and merging with Westchester firm for MUTUAL GROWTH AND EXPANSION; has diversified prac-tice: creditor’s rights/collection,commercial and real estate litigation/ ransactions; guardianships and elder law related matters; fiduciary appointments from Supreme and Surrogate’s Courts; email responses to : [email protected]

Have you checked out all the advertising

opportunites you have with the WCBA?

Download our 2007 media kit

at www.wcbany.org.


sender with legally valid proof of authorship, content, and delivery to any Internet address, in case of a dispute involving e-mail. It returns to the sender by e-mail a tam-perproof Registered Receipt™ e-mail that contains all of the relevant information required to prove delivery and content delivered. The RPost® system does not retain a copy of the message; no information is stored so there is no threat of discovery. The RPost® system complies with electronic standards and statutes.

The legal community uses the Registered E-mail® system for:

• Required Notifications• Client opinions and legal advice• Negotiations and legal conducting• Dissemination of formal opinions and documents• Any important e-mail which has consequence and

can commit the firm

RPost Registered E-mail works with your current e-mail client or system. For information on Registered E-mail and discounts for the Westchester County Bar members, or a FREE TRIAL, log in visit the Member Benefit pages of the website wcbany.org. ■

?DID YOU

KNOWWCBA MEMBERSHIPBENEFITS INCLUDE:

Registered E-Mail

Registered E-mail® provides the sender

with proof that an e-mail has been sent and delivered, and verifiable proof of the content and attachments of that e-mail. RPost® has set the global standard for accountable electronic business communications, with its suite of Registered E-mail® services.

RPost® Registered E-mail® messages protect the

22 January 2007

Toys for Tots

three trips to collect all the toys donated. The dinner was generously sponsored by Brett Larocque of Fidelity National Title Insurance Company, Inc. and Citigroup. ■

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Cont’d from front cover


1. Paul Campisi of Citigroup, Co-sponsor2. William Fishman and WCBA Executive Director Amy Patterson3. President-elect Anthony J. Enea tipping Past President Ralph Nobile at the piano 4. James Jenkins and Francis Appicella5. Steven Silverberg and Katherine Zalantis6. NLS Co-Chair Brian Callahan and Vice-Chair Salvatore DiCostanzo7. Tara Fappiano, Eve Bunting-Smith and Donna Drumm8. William Frumkin, Linda Markowitz and Bernice Margolis9. Nichelle Johnnen and Helen Blackwood.10. Frank Kolovic and Julie Cvek, NLS11. President Hon. Adam Seiden surrounded by Pattersons! His wife Patricia Patterson and Executive Director Amy Patterson

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GARY E. BASHIAN, ESQ. OF COUNSELIRVING O. FARBER, ESQ. ANDREW H. BERNSTEIN, ESQ.___________________ PHILLIP A. GRIMALDI, JR., ESQ. ANNETTE G. HASAPIDIS, ESQ.MICHÈLE J. ZERAFA, ESQ. JAMES M. POLLOCK, ESQ.ROBERT W. HOBKIRK, ESQ. JAMES G. YASTION, ESQ. MICHAEL CANDELA, ESQ. ANTHONY L. ZANAZZI, ESQ.

● ESTATE, TRUST AND ACCOUNTING LITIGATION ● ELDER LAW ● BUSINESSLAW ● GUARDIANSHIP AND GUARDIANSHIP LITIGATION ● NEGLIGENCE ● TAX LAW● ESTATES AND TRUSTS ● REAL ESTATE LAW ● HEALTH AND● COMMERCIAL LITIGATION COMMERCIAL LITIGATION ● APPELLATE LAW HOSPITAL LAW

TELEPHONE:TELEPHONE: 914-946-5100 FACSIMILE: 914-946-5111235 MAIN STREET, WHITE PLAINS, NEW YORK 10601

WE HAVE OVER 150 YEARS OF COMBINED ATTORNEYS’ EXPERIENCE ANDARE ADMITTED TO PRACTICE IN NEW YORK AND CONNECTICUT.

BASHIAN & FARBER, LLP

300 Hamilton Ave., Suite 301, White Plains, NY 10601

Phone: 914/761-3707 Fax: 914/761-9402

E-Mail: [email protected]

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