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RCBA NewsBrief Volume 12 December 2008 COMMERCIAL LITIGATION ISSUES OF INTEREST BOARD OF Submitted by Paul Savad, Esq., Chair, Commercial and Corporate Law Committee; DIRECTORS Susan Cooper, Esq., and Joseph Churgin, Esq., of Paul Savad & Associates Stephen B. Lowe Your client wants to sue his prior attorneys for malpractice, but fears that he cannot get President Glenn W. Kelleher President Elect a fair trial in the county where all the parties are located. Your client’s prior attorney is a Lynne S. Hilowitz Vice President former deputy supervisor of one of the county’s largest towns and a former village attorney Keith J. Cornell Treasurer within the county. His father-in-law is a recently retired Supreme Court Justice. An associate in Lawrence Codispoti Secretary the firm is the daughter of a current judge of a district court in the county. The attorney is also a Sandria P. Garvin Executive Director close friend of sitting Supreme Court Justices in the county. Therefore, you commenced the Directors: malpractice action in the neighboring county where none of the parties reside. The attorney has Marilyn P. Davis Andrew DePodwin moved to change the venue to the county where the parties reside. Alan E. Goldstein Alan G. Rosenblatt Patrick T. Burke Will you be able to retain venue in the neighboring county, on the ground that an Robert D. Fenster Cassandra Bilotta impartial trial cannot be had in the county where the parties reside? Larry Gantt Robert B. Marcus The answer is no. Ira S. Schoeps Catherine Miklitsch In The Trust U/W/O Nick Gallipoli v. Russo, N.Y.L.J. 10/31/08, p. 28 col. 3, plaintiff, the Shelley Forde Michelle Tierney Trust brought a malpractice action against attorney Eric Russo and his law firm in Supreme Court, Nassau County. Russo had represented the Trust when the Town of Brookhaven, in Inside This Issue Suffolk County, issued a summons against the Trust for illegal dumping on Trust property, Page 1-2 which was rented to a tenant. The Trust claims that Russo failed to prevent the tenant from Commercial Litigation Issues of Interest continuing with the illegal dumping, causing substantial damages. The parties were all residents by Paul Savad, Esq. of Suffolk County. Page 3-4 Russo demanded that venue be changed to Suffolk County, and the Trust countered that FYI Page 5 it could not get a fair and impartial trial in Suffolk County, due to Russo’s and his firm’s political Appellate Decision of Interest influence and connections to the Suffolk County judiciary. Russo had previously been Deputy by: Itamar J. Yeger, Esq. Supervisor of the Town of Brookhaven and Village Attorney for the Village of Bellport. He is the Page 6 son-in-law of a recently retired Supreme Court Justice, and an associate in the firm is the Appellate Decision of Interest daughter of a current Suffolk County District Court Judge. Russo is also alleged to be a close by: Elana L. Yeger, Esq. personal friend of at least one of the two Supreme Court Justices who preside over Commercial Page 7-11 Classifieds Division cases, where this action would be assigned. FYI CLE Calendar Russo moved to change venue to Suffolk County pursuant to the residency provisions of Page 12 CPLR §503(a). The Trust cross-moved to retain venue in Nassau County, pursuant to CPLR Online Back Up by: Isaac Steinfeld §510(2), on the ground that an impartial trial could not be had in a proper county. Page 13 The Court began its analysis by citing CPLR §503(a), which provides that venue is CLE Registration “proper” in a county where one of the parties resides, and when the plaintiff designates an improper venue, it forfeits the right to select venue, citing Hitchoff v. Air Brook Limousine, 26 A.D.3d 310 (2d Dept. 2006). Continued on Page 2….. PAGE 2 VOLUME 12 The Court noted that a party exercising venue based on being unable to get an impartial trial in a proper county (CPLR § 510), “bears a heavy burden”, quoting Deboult v. Barbosa, 2 A.D.2d 821 (3d Dept. 2001). The party must “produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained”, and “[c]onclusory allegations, beliefs, suspicions and feelings of possible bias are inadequate”, quoting Behrins & Behrins, P.C. v. Chan, 40 A.D.3d 560 (2d Dept. 2001). The Court ruled that the Trust failed to satisfy its burden. “The mere fact that a party to an action is of some prominence or holds an official position in the County does not justify an inference that an impartial trial cannot be had in that County”, quoting Ingo v. Casey, 175 Misc. 805 (Sup. Ct. Westchester Co.), aff’d 260 App. Div. 1024 (2d Dept. 1940). Furthermore, Russo was last a deputy supervisor 23 years ago, and a village attorney 3 years ago. Power and standing in the community is not enough. If the judge assigned to the case had a relationship with Russo, the case could be reassigned to a different judge. The Court cited cases holding that a fair trial could be had in the following circumstances: plaintiff’s father was a county attorney and step-mother was a Family Court Judge; plaintiff’s wife is a law clerk to a Supreme Court Justice in the county. Conversely, the Court cited cases where it was held that a fair trial could not be had in the following circumstances: one of the parties was a sitting Supreme Court Justice in the same court; the plaintiff was a law secretary to two sitting Justices in the same court; plaintiff’s spouse was a sitting Supreme Court Justice in the same court; plaintiff was the daughter of a sitting Supreme Court Justice; the plaintiff had a “close brotherly relationship” with all of the Justices in the court. The lesson? Mere suspicion of undue influence is not sufficient to support a change in venue. Try to find a proper county or file in federal court. 12 tips from Lawyer Assistance Program These tips are offered to aid in one’s personal life. The following are the 12 suggested steps of Alcohol Anonymous, a proven self-help organization. 1. Recognize I have a problem. Denial is a barrier to moving on. 2. Accept that another party can assist with the situation. Discuss the situation with a trusted friend. Seek counseling. 3. Trust that another party can handle the responsibility. Let go of ownership of the problem and assign the mechanics to a professional. 4. Examine my self. What are my strengths? What are my weaknesses? What do I wish to keep? What do I wish to change? 5. Recognize my weaknesses by revealing them to a trusted party; communicate my willingness to change. 6. Prepare to make the change. Resolve I will be a different person, for the better. 7. Take the action to change. Move from resolution to doing. 8. List persons to strengthen our relationship. Improve communication with people in our lives. 9. Actually talk, see, and be with people that are in your life. Be active; be personable. 10. Do a regular inventory of myself. Periodically take stock of where I’m at, where I’ve been and where I’m going. List my plusses and minuses. Recognize where I need to improve. 11. Use mediation. Practice speaking my wishes. Learn to listen to the whispering of serendipity; to hear things I missed in the past. 12. Help others. Be active in community. Offer to do things that contribute to the larger world. It’s not easy to admit there is a problem. It’s even harder when you think no one notices. But they do. Asking for help could be difficult. Knowing there is help available makes it a little easier. Understanding the unique needs of our colleagues is crucial that’s why we’re here for you. Contact us: LAWYERS HELPING LAWYERS Ben Selig, Esq., (845) 942-2222; Barry Sturtz, Esq., (845) 369-3000 Paul Goldhamer, Esq., (845) 356-2570; Lynn Brustein-Kampel, Esq., (845) 634-4700 VOLUME 12 PAGE 3 PROTOCOL FOR EMERGENCY APPLICATIONS - SUPREME COURT As you may have heard, we have set up protocol by which attorneys can seek assignment of a Judge for an emergency civil application in Supreme Court when the courthouse is closed, so that the attorneys do not have to search on their own for a Judge to hear the application. We have established a central point of contact with the following toll-free telephone number and email address for attorneys to request to appear before a Judge: (800) 430-8457 or email@example.com OCA staff will answer the call or email, obtain basic information from the attorney, and contact the appropriate Administrative Judge, who will make arrangements. PAGE 4 VOLUME 12 PHILLIPS & MILLMAN, LLP UGELL LAW FIRM, P.C. IS PLEASED TO ANNOUNCE IS PLEASED TO ANNOUNCE THE RELOCATION OF ITS OFFICES THE RELOCATION OF ITS OFFICES TO TO 148 ROUTE 9W 24 SOUTH MAIN STREET, SUITE 100 STONY POINT, NEW YORK 10980 NEW CITY, NEW YORK 10956 TEL# (845) 947-1100 TEL# (845) 639-7011 FAX# (845) 786-7207 FAX# (845) 639-7004 E-MAIL: firstname.lastname@example.org ATTENTION ALL MEMBERS IF YOU ARE PLANNING ON ATTENDING A CLE DURING THE WINTER MONTHS ADAMS LAW FIRM, P.C. IT IS VERY IMPORTANT THAT IS PLEASED TO ANNOUNCE YOU LOG ONTO TO OUR WEBSITE THE RELOCATION OF ITS OFFICES WWW.ROCKLANDBAR.ORG OR TO 455 ROUTE 304, SUITE 105 CALL 845-634-2149 BARDONIA, NEW YORK 10954 FOR CANCELLATIONS DUE TO TEL# (845) 638-6800 E-MAIL: email@example.com WEATHER . www.jeffadamsesq.com WORK INJURY LAW HOFFMAN, WACHTELL, KOSTER, MAIER, RAO & GOLDENBERG, LLP. 82 Maple Avenue P.O. Box 88 New City, NY 10956 845-634-8169 Se habla español AV Rated PAGE 5 VOLUME 12 Second Department Majority Reinstates Reckless Manslaughter Indictment Against Man Making Slow U-Turn Across Traffic on Major Highway, Essentially Limiting Recent Court of Appeals’ Cabrera Case to Its Facts, While Dissent would Have Affirmed Dismissal Based Upon Cabrera. In the first appellate decision to cite the Court of Appeals’ decision in People v. Cabrera, a Second Department majority found the case did not apply to circumstances where a man, after entering a highway in the wrong direction, made a slow u-turn across three lanes of traffic, causing an accident in which a motorcyclist died. Defendant drove onto an exit ramp of the Belt Parkway in Brooklyn at night, ignoring at least two warning signs. Apparently recognizing his mistake, and further ignoring grassy and paved shoulders available to him, he “made a slow right turn across the Parkway in order to ‘loop around’ and face the correct direction of traffic.” Two car-driving witnesses saw defendant’s car driving perpendicular to the travels lanes from right to left. They also saw the decedent motorcyclist impact defendant’s car in the far left lane near the center median after steering left to avoid the car. The lower court dismissed the indictment that charged defendant with criminally negligent homicide. The Second Department reversed. It found defendant’s action in crossing the highway while trying to make a u-turn was a “gross deviation from the standard of care” that the statute requires. Defendant’s mistake in driving the wrong way may be excused, but his subsequent u-turn exceeded the bounds of non-criminal behavior. Defendant himself recognized this, blaming the accident on “‘[my] own stupidity.’” Commenting on the videotape of the area, the majority disagreed with the dissent, finding that defendant could have used a “three point turn” in the shoulders to turn around without backing out the exit ramp. Finally, the majority distinguished Cabrera by noting the young driver there simply misjudged his speed around a curve in the road. “Instead, the defendant made a decision to extricate himself from his ‘wrong way’ situation without regard to the substantial and unjustifiable risk created by such decision.” Therefore, in the majority’s view, “in contrast to the situation presented in People v Cabrera (id.), the accident herein resulted not from a mere ‘failure to perceive a risk,’ but rather from ‘criminal risk creation.’” It also upheld a reckless driving charge. In a dissent that liberally cited to Cabrera and older cases, Justice Belen would have found that defendant’s actions did not rise to the requisite culpable level to charge with criminal negligence or criminal recklessness.” Significantly, the dissent viewed the videotape in evidence differently from the majority, arguing that it did not show sufficient space to turn around on the shoulder alone and noting that it was shot during the day, while defendant’s accident occurred at night. According to the witnesses, the decedent motorcyclist was speeding while defendant was driving slowly. Because merely driving the wrong way does not establish criminal liability, and because defendant’s acts were evidence of only a “bad choice,” not “morally blameworthy” and a response to his own “emergency situation,” he should not have to stand trial for criminally negligent manslaughter or reckless driving. This is true even if there was a better alternative available to him, such as turning on the shoulder area, where “it cannot be said that the defendant was criminally negligent or reckless because another alternative did not occur to him when he was confronted with the frightening reality of his precarious position.” It will be interesting to follow how the lower courts interpret Cabrera. If this case is any indication, perhaps not much will change. 1 10 N.Y.3d 370 (2008). One lower court has already utilized Cabrera to dismiss a criminally negligent homicide based upon speeding only. People v. Badke, 21 Misc. 3d 471; 865 N.Y.S.2d 488 (Sup. Ct. Nassau September 5, 2008) (driver crossed yellow lines going 82 miles per hour in 55 M.P.H. zone; no other acts in evidence). 2 People v. Richardson, 2008 NY Slip Op 9099, 2008 N.Y. App. Div. LEXIS 8652 (2d Dep’t November 18, 2008). 3 Id. at *1-2, **2-3. 4 Id. at *2, **3-4, citing Penal Law §15.05(4) (defining “criminal negligence”). 5 Id. at *2-3, **4-5. 6 Id. at *3, ** 6. 7 Id. at *3-7, **8-17 (Belen, J., dissenting). 8 Id. at *4, **8-10 (Belen, J., dissenting). Itamar J. Yeger is the Rockland County Executive Assistant District Attorney for Appeals. He can be reached at (845) 638-5538 VOLUME 12 PAGE 6 Sharply Divided Second Department Panel Finds that Insurance Policy Covered Defect in Municipal Sidewalk Abutting Property but Insured’s Warranty Requiring it to Comply with Local Codes was too Ambiguous to Apply to Same Defect. This case is of interest to those who own property in municipalities that place the burden of repairing sidewalks on the abutting landowner, and especially to their insurers. Antoine v. City of New York, 2008 NY Slip Op 9010, 1 (2d Dep’t Nov. 18, 2008). There, plaintiff fell while walking on a municipal sidewalk abutting a private residence in Brooklyn, New York. The City of New York had passed legislation mandating that abutting landowners repair sidewalk defects and are responsible for their failures to do so. See N.Y.C. Admin. Code §19-152. Indeed, the City had issued a summons ten months prior to the accident for the landowner’s failure to comply with the local law and repair the very defect that caused the plaintiff’s injuries. Id. at 2. After plaintiff sued, the landowner sought coverage from its insurer. The insurer disclaimed, arguing that landowner failed to comply with a policy provision “that the ‘insured premises, including but not limited to all buildings, structures and parking lots, are in compliance with all federal, national, state and local codes and/or requirements as respects fire, life safety (including, but not limited to: the National Fire Protection Association Life Safety Code Standard 101), building construction and building maintenance.’” Landowner instituted a third-party lawsuit against its insurer seeking coverage. Id. The majority found this warranty provision to be ambiguous regarding abutting sidewalks because they are not specifically mentioned: Although, under New York law, the coverage afforded by a premises liability policy extends by implication to that portion of an outside sidewalk necessary for access to the covered premises, we cannot say from that fact alone that a reasonable businessperson purchasing this policy would conclude that the only fair interpretation of its warranty provision would be that coverage is entirely eliminated if there are any violations relating to the sidewalk adjacent to the insured property which sidewalk is owned by the City and not mentioned in the policy. Id. at 3. Therefore, the majority found that the insurer must defend and indemnify landowner. The dissent agreed that the policy in question covered the abutting sidewalk. Id. (Carni, J. dissenting). Therefore, it could not understand how the warranty provision did not apply to the same sidewalk. The dissent would find that the contract’s warranty provision unambiguously applied to the abutting sidewalk, and therefore allow the insurer to disclaim coverage. As proof, coverage applied to “the premises,” while the warranty provision applied to “the premises, including but not limited to all buildings, structures and parking lots.” Insurer should be able to disclaim because the violation was indisputably outstanding on the policy’s effective date and continued until the accident date ten months later. Id. at 4. This case could have far-reaching impact on insurers – at least until they include abutting sidewalks in their landowner warranty provisions. Practitioners should be aware of this issue in these coverage cases. Elana L. Yeger has opened an appellate/motion and criminal practice. She can be reached at (917) 992-9263. PAGE 7 VOLUME 12 Rockland Attorneys Can Expect More from Hudson Valley Bank 254 South New Main Street, New City Services Designed by Attorneys for Attorneys ♦ Local Decision Making ♦ Access to Senior Management ● Attorney Operating Accounts ● Streamlined Attorney Trust & IOLA Accounts ● Messenger Service for Deposit Pick-up ● Late Day Wires ● Partner & Firm Lines of Credit ● Commercial Mortgages & Residential Loans ● Equipment Leasing Services ● Trust & Investment Services ● Exceptional Personal Service & Attention Contact our Legal Services Group at (845) 521-7014 or visit www.hudsonvalleybank.com Find out why over 1,000 law firms bank with Hudson Valley! 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VOLUME 12 PAGE 9 ACCURATE INVESTIGATIONS, LLP Michael Zall Assigned Counsel Cases, Interviews & Statements, Notary, Process Service, Skip Tracing, DMV Records Attorney Civil and Criminal Many Resources for Your Needs 120 North Main Street Tel: (845) 634-2463 Suite 203 Fax: (845) 634-7710 New City, NY 10956 Email: frankalessio.com Two Yorkshire Drive Professionally Licensed PATENTS Suffern, New York10901 & Bonded Private Investigation Service TRADEMARKS Tel# (845) 357-6800 COPYRIGHTS Fax# (845) 357-4616 I AM LOOKING FOR JIM FITZGERALD’S FILES IF YOU HAVE ANY INFO PLEASE CALL BEN SELIG 845-942-2222 OUR PRO BONO STAR FOR THE MONTH: GOT BABY NEWS? ROBERT FELLOWS, ESQ. GRIEVANCE DISCIPLINARY LAW (914) 682-0037 ALL ASSIGNED COUNSEL PANEL MEMBERS PLEASE NOTE : RICHARD E. GRAYSON ATTORNEY AT LAW THE 2008 FISCAL YEAR IS COMING TO A CLOSE. PLEASE SEND IN YOUR 175 MAIN STREET, SUITE 307 VOUCHERS FOR CASES COMPLETED. WHITE PLAINS, NEW YORK 10601 DO NOT HOLD YOUR VOUCHERS FOR THE 2009 BILLING CYCLE. www.richardgraysonesq.com PAGE 10 VOLUME 12 COMMITTEE CALENDAR CLE CALENDAR Employment Law Committee Meeting December 9, 2008 6:15 p.m. Law Office of Gary Graifman 747 Chestnut Ridge Road Chestnut Ridge, NY PLEASE NOTE: THE DATE OF THE ETHICS CLE Tuesday, December 9, 2008 SEMINAR HAS BEEN CHANGED FROM CLE: Persuasive Legal Writing: Writing to Win Time: 6:00 p.m.– 9:00 p.m. (Registration @ 5:30 p.m.) Light Dinner APRIL 6, 2009 TO APRIL 16, 2009. Level: Transitional/Non-Transitional Cost: $75.00 Place: Rockland BOCES Instructional Services Building, #10, West Nyack, NY SAVE THE DATE Credits: 3 (2.5 Professional Practice; .5 Ethics) Friday, May 1, 2009 Thursday, January 8, 2009 CLE: Best Employment Practices for Law Firms 9:30 A.M. Time: 6:00 p.m.– 9:00 p.m. (Registration @ 5:30 p.m.) Light Dinner Level: Transitional/Non-Transitional LAW DAY Cost: $75.00 Place: Rockland BOCES Instructional Services Building, #10, West Nyack, NY Rockland County Courthouse Credits: 3 (2.5 Professional Practice; .5 Ethics) ~ Monday, January 26, 2009 Friday, May 1, 2009 CLE: Landlord Tenant Update Time: 6:00 p.m.– 9:00 p.m. (Registration @ 5:30 p.m.) Dinner 1:00 P.M. - 4:00 P.M. Level: Transitional/Non-Transitional Cost: $75.00 CPLR UPDATE W/ Place: Suffern Free Library, 210 Lafayette Ave, Suffern, NY PROFESSOR DAVID D. SIEGEL Credits: 3 (2.5 Professional Practice; .5 Ethics) Rockland BOCES **Kosher Meals are dependant on the delivery service available from the caterer. All kosher meals must be ordered in advance and require an extra charge of $10.00. Call the Association and place an order for a kosher meal. Please give us at least one weeks notice. Credit is not given for partial attendance. Make sure your blue evaluation forms are completed and turned in to CLE Coordinator to receive your certificate. Prices for the above Seminars: Specializing in New Attorneys Cost: $75.00 Members of RCBA; $95.00 Non-Members; $85.00 Walk-Ins ALL PROCESS & SUBPEONAS $30.00 Students and Paralegals WITNESS STATEMENTS & INTERVIEWS FINDING WITNESSES BUILDING DEPARTMENT RECORDS COURT FILINGS & RETREIVAL Serving Rockland, Hudson Valley & NYC Hilly Minzer Retired Court Officer 33 Years Court Experience Phone / Fax (845) 354-9805 WHAT’S ON OUR WEBSTE Cell (914) 260-2866 www.rocklandbar.org MEMBERSHIP APPLICATIONS NEWS BRIEF COMMITTEES GET YOUR FLU SHOT REAL ESTATE CONTRACT CONDOMINIUM & CO-OP LIST CLE BROCHURE VOLUME 12 PAGE 11 Sharon Tucker ATTENTION MEMBERS Broker ARE YOU HOLDING FILES FOR ERA Tucker Associates, Inc. ATTORNEYS THAT HAVE RETIRED OR ARE ___________________________ DECEASED? IF SO PLEASE CONTACT THE 8 College Avenue, Nanuet, NY 10954 ASSOCIATION WITH THAT INFORMATION. Nanuet Office: (845) 623-5200 Nanuet Fax: (845) 623-5244 E-Mail: firstname.lastname@example.org Website: tuckerera.com LOG ON TO WWW.ROCKLANDBAR.ORG Serving all your real estate needs in Rockland & Orange County Auction Advantage also available Each ERA Office is independently Owned and Operated THE 2008–2009 CLE BROCHURE IS AVAILABLE FOR VIEWING Interested in Softball? Need a Place to Meet in New City? RCBA Conference Rooms A committee is being Available for Rent formed to organize a RCBA softball outing in late Spring First Two Hours free for members of RCBA 2009. Member Prices Closings & Depositions We are in need of a few $60 half day/ $120 full day volunteers who would like Non – Member Prices to play or who can help plan $75 half day/ $135 full day a day that will be fun for everyone together with raising scholarship monies. Please contact either We must have advance notice for closings and Steve Lowe or Robyn Lefcourt. depositions. A small fee will be charged for any telephone usage, faxes and copies. Please call (845) 634-2149 in advance for rental SURROGATE WALSH’S INDIVIDUAL PART RULES ARE AVAILABLE AT THE NYLJ AND AT THE SURROGATE CLERKS’ OFFICE IN THE COURTHOUSE. THE HARD COPY IS AVAILABLE AT THE BAR MY CLIENTS LEND ASSOCIATION OFFICE. PLEASE CALL PRIVATE, SHORT TERM, LESLIE @ 845-634-2149 IF YOU NEED COMMERCIAL MORTGAGE A COPY. MONEY ALAN SNIDER, ESQ. 800 CENTRAL PARK AVENUE ANYONE LOOKING TO SHARE A WESTLAW SUITE 204 SUBSCRIPTION? SCARSDALE, NY 10583 IF SO, LET ME KNOW. PHONE (914) 472-1956 CALL LESLIE @ 845-634-2149 PAGE 12 VOLUME 12 The Lowdown on Online Backups Online backups have recently been highly touted as a viable and efficient alternative to traditional computer backup systems. They have gained in popularity, especially in relation to the 30+-year-old tape backup. In the words of one respected legal-technology commentator: “Tape is so 1990’s” (Ross Kodner, www.microlaw.com). The list of online backup providers keeps on growing and they are aggressively marketing their services as a means of providing disaster recovery for businesses, in this post Katrina, 9/11, security sensitive world. In case you’re not up to date, online backups refers to the option for using your existing high-speed internet connection to backup your computer system “online” over the internet. While an online backup system can be an improvised scheme for backing up your office-based computer over the internet to a home computer, there are too many reliability and security concerns to make this method practical. Therefore, typically online backups are done via an account you set up with an online backup service provider. This arrangement involves reserving a specific amount of dedicated storage space on their “servers” and installing a proprietary piece of backup software on your computer(s) to setup and manage the backup jobs. As often is the case with cutting edge technologies that may sound good on paper, the real test is how they perform in the real world. Online backups if done properly can provide a basic level of backup protection but it is your responsibility to perform due diligence to ensure reliable and steady backups. There certainly are a lot of obvious benefits to dong online backups. Just to name a few... The upfront cost savings are very appealing. You utilize your existing, already appropriated, high-speed internet connection for your basic backup infrastructure. This frees you up from the overhead of having to maintain your own backup devices and backup media (tapes, disk drives, etc), not to mention complicated backup software programs. Backup tapes have a limited usage lifetime, and hard drives are prone to failure. Also, maintaining offsite copies of your backup are by their very nature intrinsic to online backups; storing the backup copies off-site is passé. In addition, more reputable backup providers add value by actively monitoring your backup plan for you and alerting you to any failures or missed backup jobs. They also can (hopefully) provide expert customer service for addressing problems and dealing ultimately with data loss. However there are some issues that should be addressed when evaluating the suitability of online backups, which may not be immedi- ately apparent: • With a reputable provider, the security of the data is not a generally a concern because the highest level of encryption and data security standards are employed. For guidance regarding the ethical concerns about maintaining the confidentiality of client data when using off-site electronic storage, see the following article from the American Bar Association: http://www.abanet.org/tech/ltrc/fyidocs/OBSethicsfyi.html • You need to be confident that the backup provider you are depending us will remain in business. For starters, you should find out how long the provider has been in business, the size of its customer base, long-term asset guarantees, and the existence of exit strategies to protect you if the company folds during your contract term. Be sure to check the provider’s references from businesses with backup and restoration requirements similar to yours. • Ensuring that backups are actually working can be challenging. Depending on the proprietary backup software used, the ability to monitor the status of the backup jobs will vary. You might be tempted to depend solely on the provider for monitoring your backup job success, but you do not want to be put into a position in which a paid provider can blame you for an issue with their service. • Because of the volume of data needing to be backed up and the relative slowness of even the fastest internet connection, initial backup times will be significant. More concerning are the recovery times that will be significant if your whole system crashes, because the data will need to downloaded over the internet to your office. Some providers address this issue by allowing the backup software maintain a local copy of your data concurrent with the online backup. Other providers offer to express-ship to you a DVD or external hard drive with the contents of your backup. • While online backups excel at being able to restore individual files or folders, they often cannot properly backup entire systems or databases. Thus if a hard drive fails or a business application utilizing a database become corrupt, you may have limited or no recourse to restoring your system. Even if successful, it is guaranteed to be complicated. • Finally, because you are paying for the amount of storage space you need, ongoing costs can be considerable and can quickly accelerate over time as the volume of data increases. This may offset your initial cost savings, over using an in house backup system. An audit of your current storage needs and anticipated growth is in order. Owing to the above concerns, much research and investigation should go into choosing the appropriate service provider for servicing your online backup needs. For the faint of heart, it is recommended that a local backup should still be used for your primary backup solution, with an online backup playing only a secondary role. This article has been submitted by Isaac Steinfeld, MCSE, of Rockland Computer Specialists. He is available to respond to any questions relating to this article or other technology related matters. Isaac can be reached at 845 367-1441 or at email@example.com. US POSTAGE NON-PROFIT ORG PAID MONSEY, NY PERMIT NO. 5683 We’re on the web www.rocklandbar.org Name(s)_________________________________________Updated E-mail____________________________ Writing Course - December 9, 2008 6:00 p.m.- 9:00 p.m. $ 75.00 Best Employment Practices for Law Firms - January 8, 2009 6:00 p.m.- 9:00 p.m. $ 75.00 Landlord Tenant Update - January 26, 2009 6:00 p.m.- 9:00 p.m. $ 75.00 **Kosher Meals are dependant on the delivery service available from the caterer. All kosher meals must be ordered in advance and require an extra charge of $10.00. Call the Association to place an order for a kosher meal. Please give us at least one weeks notice. Credit is not given for partial attendance. Make sure your blue evaluation forms are completed and turned in to CLE Coordinator to receive your certificate. If you pre-pay but are unable to attend the seminar you will be refunded the full amount only upon advance notice (3:00 P.M. the day of the seminar) of your non attendance.
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