NYLJ: Panel Clarifies Scope of Automatic Contract Renewals
NYLJ: Panel Clarifies Scope of Automatic Contract Renewals
A state law that requires advance warning before enforcing automatic renewal provisions of many contracts applies to a doctor’s contract with a company for b…
Congratulations to AABANY member Tristan Loanzon on making the front page of the New York Law Journal on May 7. He won a unanimous decision before the First Department, reversing the lower court and clarifying the scope of automatic renewal clauses in contracts. Tristan is quoted in the article, noting the significance of the decision in the healthcare and financial fields where clauses for automatic renewal are common. To read the article, follow the link in the title. (Subscription may be required.)
SOUTHERN DISTRICT OF NEW YORK SEEKING CANDIDATES FOR CRIMINAL JUSTICE ACT MENTORING PROGRAM
NOTICE TO THE BAR
CONTACT: Peter Quijano, 212-686-0666; or Anthony L. Ricco, 212-791-3919
SOUTHERN DISTRICT OF NEW YORK SEEKING CANDIDATES FOR CRIMINAL JUSTICE ACT MENTORING PROGRAM
The United States District Court for the Southern District of New York is seeking candidates for its Criminal Justice Act (CJA) Mentoring Program. Ideal candidates are attorneys with five or more years of experience litigating in state court, with fifteen felony trials to verdict as lead counsel or comparable in-court experience under their belt. Under the supervision of a member of the CJA Panel, CJA Mentees would represent defendants in federal court who qualify for appointed representation under the Criminal Justice Act.
The purpose of the CJA Mentoring Program is to diversify the composition of the CJA Panel—a roster of private attorneys who are authorized to serve as appointed defense counsel pursuant to 18 U.S.C. § 3006A—and to expose experienced state court practitioners to federal practice. While the mentee’s initial 15 hours of service will be done pro bono, mentees may earn a reduced rate of $65 per hour for their services after the pro bono requirement has been fulfilled.
Candidate interviews will be conducted in early June. To apply for the program, please e-mail your resume by June 4 to:
Peter Enrique Quijano
Quijano & Ennis, P.C.
[email protected]
“The CJA Mentoring Program offers attorneys a unique opportunity to expand their practice and learn from some of the top criminal defense attorneys in the nation,” said Chief Judge Loretta A. Preska. “The Court is fortunate to benefit from such an excellent program and grateful for the time and attention contributed by the mentor lawyers.”
The mentorship program is open to anyone who qualifies, and women, minorities, and persons with disabilities are particularly encouraged to apply. Participation in the mentorship program does not guarantee appointment to the CJA Panel.
SDNY ANNOUNCES A SPECIAL SESSION TO COMMEMORATE THE COURT’S 225TH ANNIVERSARY
MEDIA ADVISORY/NOTICE TO THE BAR CONTACT: Edward Friedland, 212-805-0513
Chief Judge Loretta A. Preska has announced that the United States District Court for the Southern District Court (SDNY) will hold a special session on Tuesday, November 4, 2014 to commemorate the first session of the Court held 225 years ago. President George Washington appointed James Duane, who had been a member of the Continental Congress and first mayor of New York City following the evacuation of British forces, as the Court’s first judge. Judge Duane held the first session on the first Tuesday of November, 1789, making it the first Court to convene under the new United States Constitution. For this reason, it is frequently referred to as the “Mother Court.”
The anniversary celebration will continue through 2015 with re-enactments of historic trials, lectures on some of the Court’s most notable jurists, and exhibits featuring art and historic artifacts such as the Silver Oar of the British Vice Admiralty Court for the Province of New York, the symbol of an admiralty court’s authority. A full calendar of events, under the co-chairmanship of District Judges Deborah A. Batts and P. Kevin Castel, will be published later this year.
Chief Judge Loretta A. Preska said of the anniversary commemoration:
“The history of this Court reflects the history of the nation. The Court has been the venue for civil war prize cases, litigation over the sinking of the Titanic and Lusitania, and the attack on the World Trade Center. It has seen criminal prosecutions from the Tea Pot Dome scandal to Watergate. Today its docket includes white collar and terrorism prosecutions. We are honored and delighted to mark this Court’s 225th year of continued service.”
Currently there are 28 active and 22 senior District Judges on the Southern District bench, in addition to 15 Magistrate Judges and 9 bankruptcy judges.
SDNY ECF SYSTEM UPGRADE: SERVICE INTERRUPTION NOTICE FOR APRIL 25-27, 2014
COURT NOTICE TO THE BAR April 14, 2013
CONTACT: ECF Help Desk, 212-805-0800
SDNY ECF SYSTEM UPGRADE: SERVICE INTERRUPTION NOTICE FOR APRIL 25-27, 2014
For the purposes of upgrading the Southern District of New York’s Electronic Case Filing (ECF) system, ECF will be unavailable beginning at 6:00 p.m. on Friday, April 25, 2014. Service will be restored by 5:00 p.m. on Sunday, April 27, 2014.
During this time, users will be unable to file documents on the court’s ECF system or view documents through the PACER electronic public access service. Filers are directed to section 23.7 of the court’s ECF Rules & Instructions for information regarding technical issues that prevent timely filing.
This time will be used to upgrade the court’s ECF system to version 5.1.1. Notable changes include:
Changes to Nature of Suit Codes: To more accurately record the filing of civil actions, thirteen codes have been eliminated and seven new codes added. As a result, a revised civil cover sheet (form JS44C/SDNY) will be required beginning Monday, April 28, 2014. The new form will be made available beginning on April 27, 2014.
ECF Password Strength Requirement: Users accessing the ECF system after April 27, 2014 will be prompted to adopt a new, more secure password.
Details on the Nature of Suit code changes, password changes and the Release Notes detailing additional features available to the public and the bar in ECF version 5.1.1 may be found at http://nysd.uscourts.gov/ecf.php.
Congratulations to Margaret Ling!
Margaret Ling, who has actively served AABANY as Co-Chair of the Real Estate Committee and as a Director on the Board, has been newly appointed as Co-Chair of the Asia Practice Committee of the New York County Lawyers’ Association. We look forward to the bond that Margaret will help foster between the two organizations. Thank you to Vincent Chang for his invitation to bring Margaret to NYCLA, a New York legal community with over 9,000 members.
Please join AABANY in congratulating Margaret for her well-deserved appointment.
SOUTHERN DISTRICT OF NEW YORK SEEKING CANDIDATES FOR CRIMINAL JUSTICE ACT PANEL
NOTICE TO THE BAR
CONTACT: Karen Van Outryve 212-417-8741
SOUTHERN DISTRICT OF NEW YORK SEEKING CANDIDATES FOR CRIMINAL JUSTICE ACT PANEL
The United States District Court for the Southern District of New York is seeking applicants for the SDNY Criminal Justice Act (CJA) Panel. Applications are available on the court’s website at www.nysd.uscourts.gov/cja.php. Completed applications must be addressed to David Patton, Executive Director of the Federal Defenders of New York, and submitted electronically by May 31, 2014 to [email protected]; no paper applications will be accepted.
The CJA Panel is comprised of private attorneys who are authorized to serve as appointed defense counsel pursuant to 18 U.S.C. § 3006A. To qualify for a position on the CJA Panel, attorneys must be members in good standing of the Southern District and have proven experience and competency in the field of federal criminal defense work. Applications will be reviewed by a committee of attorneys that will forward its recommendations to the Southern District Board of Judges’ Defender Services Committee. The Court is committed to increasing the diversity of the applicant pool and encourages qualified female and minority lawyers to apply for positions.
Candidates can apply to be a member of either the Foley Square or the White Plains CJA Panels, or to both panels. CJA Panel attorneys commit to being “on duty” one day every four to six months if a member of the Foley Square panel and approximately one day every month if on the White Plains panel. On that “duty day,” CJA attorneys represent clients when the Federal Defender has a conflict; the hours of duty are from 9:00 a.m. until the closing of the Magistrate Judges Office, which is sometimes after 5:00 p.m. CJA Panel members serve a three-year term and are reimbursed at the rate of $126/hour for in-court and out-of-court time.
“Our justice system owes a great debt to the efforts of CJA attorneys,” said United States District Judge Cathy Seibel, who leads the Southern District’s Defender Services Committee. “They are instrumental to fulfilling the Constitutional mandate that every defendant has a right to
counsel.”
Southern District Chief Judge Loretta A. Preska said, “The Southern District’s CJA Panel is the best in the nation, and we are fortunate that so many capable attorneys take part in this program.”
Attorneys can also apply for membership on panels that represent defendants in capital cases and in non-trial work, primarily habeas corpus proceedings. In addition, the Southern District also sponsors a mentoring program that helps identify and prepare experienced state court
practitioners for appointment to the Panel. While the mentorship program is aimed at increasing the diversity of the Panel, the program is open to all.
Contact Peter Quijano at 212-686-0666 or Anthony Ricco at 212-791-3919 for more information on the mentorship program.
Congratulations to Hon. Doris Ling-Cohan
Justice Doris Ling-Cohan, a member of AABANY’s first Board elected in 1991, has been appointed to the Appellate Term of the First Department. This court hears appeals from New York’s Civil and Criminal Courts.
Justice Ling-Cohan is the first APA woman to serve on an appellate panel in New York state. In 2002, she became the first APA woman elected to New York State Supreme Court. In 2005, she authored the groundbreaking decision in Hernandez v Robles, becoming the first New York state trial judge to rule in favor of same sex marriage.
Please join AABANY in congratulating Justice Doris Ling-Cohan on this major milestone in her judicial career.