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61 Nassau Law. 1 (2011-2012)

handle is hein.barjournals/nassau0061 and id is 1 raw text is: assau THE JOURNAL OF THE NAssAU COUNTY BAR ASSOCIATION September 2011 www.nassaubar.org Vol.61, No.1 Follow us on facebook OF NOTE NCBA Mmner Beneit-LD.Cal Photo Obtain your photo for court identification cards at NCBA Tech Center. Cost $10. October 4, 5 & 6 * 9 a.m. - 4 p.m. EVENTS WE CARE Italian Feast Sat., Oct. 15, 2011 6:30 p.m. at Domus See insedl Judiciary Night Tues., October 25, 2011 5:30 p.m. at Domus See page 6 Pro Bono Open House Thurs., Oct. 27, 2011 New Member Orientation Tues., Nov. 1, 2011 5:30 p.m. at Domus See page 10 WHAT'S INSIOE FOCUS Labor & Employment Law Supreme Courts Landmark Wal-Mal v. Dukes Ruling and its Impact on Employment Class Actions Page 5 The U.S. Supreme Court Continues Trend of Expanding Employee Protections Against Retaliation The NLRB is All Atwitter About...Social Media Page 7 Page 9 New York's Wage Theft Prevention Act: An Overview Page 9 GENERAL ARTICLES When Is a Parking Lot a Highway? Page 11 Competition without Solicitation: Recent Developments Under the Mohawk Doctrine Page 14 Narrowing the Scope of the Reckless Disregard Standard For Emergency Vehicle Operators Page 15 A View from the Bench September 11, 2001: A Remembrance By Hon. Ira Warshawsky Page 3 NCBA's 3 'M's Mingle, Meet and Make Connections The Nassau County Bar Association offers its members many benefits, but perhaps the most important one is one sometimes overlooked - the chance to socialize with peers within Long Island's legal community. Attending NCBA special events provides a unique opportunity to mingle with colleagues, meet judges and court personnel, and make important networking connections. Following are some of the many special events open to all members in the coming year. This year, make it a point to get involved in your Bar Association and come to an event or two. October 15 WE CARE Italian Feast - Sponsored with the Columbian Lawyers Bar Association, this annual festive event includes Northern and Southern Italian culinary treats for the whole family, and supports the WE CARE Fund. October 25 Judiciary Night - NCBA hosts a dinner in honor of all local judges. An opportu- nity for the bench and bar to mingle and network away from the courtroom. October 24-28 Pro Bono Week - All NCBA pro bono efforts are publicized throughout the week to encourage member participation and increase awareness in the community. December 3 Gingerbread University - Children of all ages decorate their own gingerbread houses. Upon successful completion of the course curriculum, which includes having fun, graduating students receive a diploma as well as the highly desirable Degree in Gingerbreadology. iecember 15 Wassail Holiday Celebration - Traditional holiday entertainment and the annual telling of the Tale of Wassail. For members and families. I-, bruart 2 Cocktails and Art Fair - A new WE CARE Fund event, with 100% of the profits made that evening going to those in need in Nassau County. Dressed to a Tea - WE CARE Fund event featuring a spring fashion show and unique raffles. All proceeds are distributed for charitable causes in Nassau County. May 1 Law Day - May 1 is a national day of celebration officially designated by joint resolution of Congress, which focuses on the American heritage of liberty under law. Liberty Bell Award, Peter T. Affatato Court Employee of the Year Award and Thomas Maligno Pro Bono Attorney of the Year Award are presented. May 12 Annual Dinner Dance - Join us in celebrating the anniversaries of our 50, 60 and 70 year practitioners, as well as our Distinguished Service Medallion recipient. Aay 19 Student Mentor Luncheon - Luncheon honoring volunteer attorney mentors and their student mentees. fi~ll, e -4 Installation of Officers - The new offi- cers and directors of the Nassau County Bar Association and the new deans and officers of the Nassau Academy of Law are sworn into office for their terms of service. Domus Open Golf Outing - An all-day golf and tennis outing and dinner for NCBA members and guests. Eisenhower Red. Aiigti., Stephen W. Schlissel WE CARE Golf and Tennis Classic - The annual golf and tennis tournament brings the legal community together for a day of fun and fundraising. UPCOMING PoULCATIONS COMMITTEE MEETINGS Thurs., Oct. 13, 2011 * Thurs., Nov. 10, 2011 - 12:45 at Domus The Lawyer Assistance Program provides confidentia l help to lawyers and judges for alcohosm. dug abuse and mental heath problems. Call 1-888 408-6222. Cals are completey confidenta . It's Your Time To Make A Difference! Pro Bono Coordinators Needed By Valerie Zurblis Members of the Nassau County Bar Association are known for their willingness to give back to the local community's neediest in many ways - through the WE CARE Fund, par- ticipating in legal clinics and performing pro bono work, just to name a few. Now busy attor- neys can still make a difference in a new way, by becoming a Volunteer Pro Bono Coordinator of the Day, a new position with the Volunteer Lawyers Project. Recent budget cuts have resulted in fewer staff; however, we need to continue our impor- tant efforts to help serve those in desperate need, but who cannot afford legal services, NassaulSuffolk Law Services Executive Director Jeffrey Seigel said. Ideally, we are looking for some seasoned attorneys and judges, maybe those nearing retirement with some extra time, who are in the unique position to have experi- ence analyzing cases, understanding client needs, and then being able to connect the clients with the best legal resources we have available. The Nassau County Bar Association partners with the Nassau/Suffolk Law Services Com- mittee to support the Volunteer Lawyers Project, which helps maximize the quantity and quality of pro bono assistance provided for Nassau County's low-income residents. Volunteer attorneys handle a wide array of cases including matrimonial matters, custody cases, individual bankruptcy, personal injury and neg- ligence defense, estate matters, release of accounts blocked by judgment creditors and var- ious other civil matters. It's a win-win-win situation: Hours are flexi- ble, the personal satisfaction reward is immedi- ate, and help is provided where it is needed. For more information contact Jeff Seigel at (516) 292-8100 ext. 3117. Domus Scholar Circle: An offer you can't afford to miss! Attorneys may attend all of the one, two and three credit programs offered by the Nassau Academy of Law for one low annual fee of just $189. This offer includes seminars, Dean's Hour 00 lunch programs (lunch additional) and all NCBA committee meetings where CLE is offered. For further information, call the Nassau Academy of Law 516-747-4464. rrTl1-Go.BZt4 ANt011-i411 MU1 tfN1il Lti

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