PROFESSOR DAVID SIEGEL

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PROFESSOR DAVID SIEGEL Powered By Docstoc
					                                                     SUFFOLK ACADEMY OF LAW
                                                   The Educational Arm of the Suffolk County Bar Association
                                                       560 Wheeler Road, Hauppauge, New York 11788
                                                                       (631) 234-5588




     ANNUAL
     NEW YORK CIVIL PRACTICE UPDATE
     featuring

     PROFESSOR DAVID D. SIEGEL
     Albany Law School Distinguished Professor of Law Emeritus
     Author of Siegel, New York Practice 5th Ed. (the Treatise)
     Author of Siegel’s Practice Review
     and
     The – unrivaled – New York Civil Practice “Go-to-Guru”!

     Tuesday, September 20, 2011
     at the Hyatt Regency Wind Watch Hotel


                                   “Good lawyers carry with them the fear of error....”
                                                                                    – Professor David D. Siegel

Primus inter pares! – Professor David Siegel remains the guru for all things related to New York civil
practice. His updates attract even highly experienced practitioners who receive most of their CLE credits
by instructing other lawyers. As one frequent attendee (a past president of the SCBA) declares, “Siegel’s
Update is the best form of malpractice insurance there is.” Improve your ability to make the right practice
decisions by attending Siegel’s 2011 New York Civil Practice Update – right here on Long Island at the
Regency Wind Watch in Hauppauge.
The renowned Professor Siegel, whose presentation is unrivaled in educational and entertainment value,
will cover a year's worth of changes, trends, and developments. To paraphrase the professor himself, you
will learn “new things” and “new twists on old things, before they are allowed to become problems.”
See list of some of this year’s topics on the
reverse of flier.                                                                                SUFFOLK ACADEMY REGISTRATION FORM
                                                                                              2011 NEW YORK CIVIL PRACTICE UPDATE (Siegel)
i Be sure to register in advance to ensure your place in the                     NAME:
lecture hall. (This program will not be recorded or webcast.)
                                                                                 ADDRESS:
PROGRAM NOTES
Location:               Hyatt Regency Wind Watch Hotel (1717 Motor               PHONE:                              E-MAIL
                        Parkway, Hauppauge)                                      Tuition:     GSCBA Member - $155 GStudent Member - $100
Time:                   6:30 - 9:30 p.m. (Registration from 6:00)
                                                                                              G Non-member Attorney - $185
Refreshments:           Deli Buffet (from 6:00 p.m.); Cookie Break
                                                                                 Method of Payment: G Cash G Check (Check Payable to Suffolk Academy of Law)
MCLE Credit:            3 HOURS (professional practice) [transitional or non-
                        transitional]                                            Charge: 9 AMEX 9 MASTERCHARGE 9 VISA 9 DISCOVER
Registration: Pre-registration provides a discount. Additional $20 at door.       Account #
To pre-register, return coupon, with payment, to Suffolk Academy of Law, 560
Wheeler Rd., Hauppauge, NY 11788.                                                Exp. Date:              Signature
FAX: 631-234-5899 PHONE: 631-234-5588 ON-LINE: www.scba.org (Take                Pass : Q Season Pass Q MCLE Pass – 3 coupons
$5 discount on line.)   Financial Aid: Call 631-234-5588 for information.
         SOME TOPICS COVERED IN SIEGEL’S FALL 2011 UPDATE

New Laws                                                     Burgeoning arbitration issues:
<       Mandated settlement conference in malpractice        <       “Manifest disregard” standard still an issue?
        cases                                                <       Compelling discovery from nonparty?
<       Merger of insurance and banking departments          <       Arbitrator’s attempt to bar firing of employee
                                                             <       Effect of arbitrator’s not hearing witnesses
<       Notice of action after treatment by public source
                                                             <       When does 90 days for vacating award start to run?
<       Post-judgment attachment against foreign             <       Can “mediation” be compelled?
        sovereign
                                                             <       Arbitrator’s power to order prejudgment posting of
<       Protecting New York judgment from debtor’s                   security
        bankruptcy                                           <       New York attachment to aid foreign arbitrations
<       Uniform act to help get New York disclosure for      <       Interest on arbitration awards
        foreign litigation
                                                             What interest rate on federal claim sued in state court?
<       Increase in exemptions of debtor’s property
<       New protections for exempt income of small debtors   Loss of defense because of mis-pleading in tort cases

Different applications of “laches” doctrine                  Supplemental versus amended bill of particulars

USSC cases curtailing longarm jurisdiction in tort cases     Securing disclosure from party’s website, like Facebook

Restricted longarm jurisdiction in lower courts              Risk to interlocutory appeal when final judgment
                                                             entered
Continuing jurisdiction of out-of-state witness?
                                                             Health insurer allowed to intervene if no settlement
Penalty for deliberate spoliation of surveillance tapes
<       Using adverse inference as remedy                    Need to reveal settlement to non-settling parties

Attorneys’ fees for agencies’ delayed FOIL disclosures       Uncooperation by will-drafting lawyer for not being
                                                             retained by executor
Dispute on questions by nonparty deponent’s lawyer at
deposition                                                   Right to interpreter at hearings

Counsel’s continued exposure for expert fees                 Requirement of notice when party’s attorney suspended

New York firm’s liability for negligence of foreign lawyer   Koehler Limited: mere New York presence of garnishee
                                                             can’t support levy against property held elsewhere
Penalty for lawyer letting others sign his name
                                                             Developments on mortgage foreclosure scene:
Individual right to damages claim after class action         <       Forecloser must also hold note
resolves punitive damages                                    <       Applying new rule requiring lawyer to affirm
Issues on D’s ex parte interview with P’s treating MD                legitimacy of papers
                                                             <       Credibility problems for mortgagee and lawyers
Distinction between HIPAA and “Arons” authorizations         <       Attorneys’ fees issues
Problems on subrogation versus collateral source in tort     Developments on applying time limit on summary
cases after Court of Appeals Fasso case                      judgment
Trying to contest clerk’s date stamp                         Does lawyer or client pay stenographer?
                                                             Choice of law on “joint” liability cases
Court of Appeals on penalty for violating conditional
orders                                                       Developments on process service
When does huge witness fee become bribe?                     Explanation – slowwwwwwwly – of electronic filing
                                                             <       Missing deadline when electronic filing applicable
                                                             More!....

				
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