Friday, July 28, 2006

Funny quote from an attorney's affidavit

"I believe the Court can take judicial notice of the difficulty in responding to a letter that has not been received."

Is NY the only state that uses attorney affidavits?

Wednesday, July 26, 2006

Serving subpoenas by mail?

Common practice (and the majority approach in the case law) requires that subpoenas served under Rule 45 of the Federal Rules of Civil Procedure be personally served. There is, however, a minority of cases (including several from the SDNY) that hold that service by mail/certified mail is sufficient "delivery" under Rule 45. I spoke with an attorney from NYC the other day who acted like it was blasphemy to suggest that service by mail was anything but acceptable. Although the service by mail approach is the emerging minority trend (see e.g., 51 Buff. L. Rev. 337, 380 n. 214 (2003)), I am curious as to how common the practice is in the WDNY or the NDNY.

Sunday, July 23, 2006

London calling

Every year the American Inns of Court ( selects two young lawyers to go to London to shadow barristers and judges for six weeks to get a real insider's view into the workings of the English legal system. In 2005, I was lucky enough to serve as a Pegasus Scholar. You can read more about my six weeks in legal London at While in London, I was a "mini-pupil" for two commercial sets of barristers: 7KBW and Fountain Court -- whose practices were similar to my practice at Skadden, Arps, Slate, Meagher & Flom LLP. My local Inn of Court is the Charles S. Desmond Inn of Court (

My experience was useful because I recently represented an American television station in a non-compete dispute involving parties in the United Kingdom, which was litigated in the WDNY and successfully mediated before it was litigated in London as well. A copy of the decision and order granting an ex parte TRO in favor of our client is found at (2006 WL 145912). I also represent a large English manufacturer who has been sued in the WDNY on a contract matter. I am available to work with barristers and solicitors in need of New York legal advice (and I am far more cost-effective than large New York City firms -- and offer the same or better legal services). I am also available to work with American clients in need of legal services in the UK and abroad.

Clink on these links to see what I learned about New York law from a London barrister - reprinted with permission from the Skadden website.

Saturday, July 22, 2006

I could have been a contenda!

I really like the Goo Good Dolls. Partly because they are good sons of Buffalo who do well by the Queen City. Partly because I just like their music. On Friday, I was in an MRI machine. They give you headsets to listen to the radio. I heard a radio contest for Goo Goo Dolls concert tix. The question was "what article of clothing do the GGD's always insert in their riders?" The answer is white tube sox. Some people are really devoted fans and know this. I like the GGD's, but I am not that devoted. I knew because in college I filled the GGD's rider when they played at Niagara University. We even got to hang out with the GGD's. To this day, the blue tub that we used to store the GGD's Heinekens sits in my shed -- I store firewood in it now. In any event, by the time that I hopped to the car to call the station, they announced a winner. Well, here's hoping that I do better with the MRI results.

Throwing out the first pitch!

Welcome to my first blawg post! Before the internet, only a few friends and family were privy to my rants, thoughts, and musings -- which I now share with you too. I hope that you find some of my posts useful or slightly amusing. Otherwise . . . well, frankly I will not lose much sleep over it. In any event, the following are a few comments from A Buffalo Lawyer.