Rogers & Tartaro Business Litigation Blog : New York and Connecticut Business Litigation Lawyer & Attorney : Rogers & Tartaro Law Firm : Commercial Litigation : Westchester County NY, Fairfield County CT

We’ve mentioned before that the Probate Court system in Connecticut faces severe financial problems. To avoid facing the possibility of a $5 million deficit in 2011, the state has passed a law reducing the number of probate courts in Connecticut from 117 to 50 or fewer.

According to the Ridgefield Press, Ridgefield’s probate court will likely be joined with those of Redding, Bethel and Newtown, serving about 78,000 people.

What does this mean for local residents and attorneys? A lot more driving. Since we also practice in New York, we’re accustomed to this. We currently have active cases in New York (downtown Manhattan), Queens (Jamaica), Rockland (New Town) and Westchester (White Plains) Counties, not to mention the Towns of Ridgefield, Madison, and Westbrook in CT.

However, we recognize that many Probate cases are small, and that individuals may be handling them without attorneys. It makes sense to locate regional courts so that getting to them does not become a burden.  The Ridgefield Press reports that Ridgefield Probate Judge Joseph Egan and Ridgefield First Selectman Rudy Marconi are concerned that Newtown is pushing to host the court offices for the four towns.  Yet Danbury and Bethel are possible contenders for the site, too. 

In his Connecticut Law Blog, Ryan McKeen brings up some interesting questions, including the issue of whether or not new facilities will have to be built.

We'll buckle our seatbelts and prepare for a bumpy ride.

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The students at Barlow Mountain and Scotland Elementary Schools don’t use the water fountains – they drink bottled water.

This is not a personal choice, this is a necessity which stems from the fact that chloride levels in the school’s water supply exceed state health standards. Fortunately, however, Ridgefield is on the short list to receive federal stimulus money to cover more than half of $1.45 million North Street water main project.

Ridgefield’s Weir Farm is also benefiting from the federal stimulus funds. The park just received $457,000 in federal stimulus money to help complete three projects.

These stimulus items remind me of the “multiplier effect,” one of the fundamentals of macro-economics. The concept is that any money spent on stimulus has to circulate, and how often or how quickly it circulates (the “multiplier”) determines how effective it is in stimulating the economy.

 
For example, Ridgefield gets money and pays contractors for the waterworks. In turn, they hire employees or subcontractors. That help goes out and buys groceries. The grocer hires additional help. And so on.  Every time a dollar changes hands in an economic transaction, it adds to our "Gross Domestic Product," the measure of our domestic economy.

Reasonable minds can and do differ about what kinds of spending have better multipliers or whether tax cuts are a better multiplier than outright spending. The bottom line for any small business is that the process of circulation takes time, so we have to accept that the changes to our practice or business will also take time.
 

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This blog often reports on the issues that transpire within small towns. Every once in a while, events happen in towns like ours that make you forget the conflicts and appreciate the value of living here. In Ridgefield, that would be our Family Fourth and Sale-a-bration — two of the best and most beloved free events in town.

As Mack Reid of the Ridgefield Press put it, the Sale-a-bration was “an opportunity for shoppers and strollers to reconnect with that smaller-town Ridgefield of the older, simpler days.” Over 30 vendors and non-profit organizations put out their wares and interacted with locals and visitors.

And each year on July 4, more than 4,000 people gather on the fields of Ridgefield High School to share food, friendship and fireworks. Sponsored by Ridgefield Bank and Carnall Insurance, the sight of neighbors and local vendors sharing snacks and smiles with one another truly incites feelings of community, which one doesn’t often see in the pattern of everyday living. The businesses present at the celebration, such as Ancona’s Market and Chez Lenard, have been staples in the town for years, and their owners often greeted many customers by name.

Participating in and/or sponsoring local events is perhaps one of the most astute, yet simple, business practices any company can employ. There is much to be said for the public appreciation for the businesses that provide the entertainment and joy that illuminates the faces of young and old alike.
 

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We’vecautioned about e-mail before. The New Jersey Employment Law Blog recently posted an interesting court decision that involved a number of issues, among them whether the attorney-client privilege trumps employer policies.

In the case, Stengart v. Loving Care Agency, Inc., an employee used a company issued laptop to send an email to her attorney through a personal, web-based email account. Could the employer access and review those communications if they’re found on the computer's hard drive? In broader terms, does a company's electronic communications policy trump the attorney-client privilege? In this particular case, no -- but it’s a close call.

We usually would not cover a New Jersey decision because it is not legal precedent for New York and Connecticut. And there is still another level of appeal available to the litigants.

However, what's really interesting is that the e-mails were on a web-based, password protected account. But, to quote the Court’s description of what happened:

"After plaintiff filed suit, the company extracted and created a forensic image of the hard drive from plaintiff's computer."

Isn’t technology great?

We liked two “lessons” articulated by Frank Steinberg of the NJLB, so we quote:

1. For everyone: despite the ruling of this case, never use company-owned computer equipment for any personal communication that you wish to remain confidential. Just don't. Period.

2. For companies: review your electronic communication policy right away. If there are ambiguities in it, clarify them. Courts are going to look not at your intent, but at the reasonable expectations of your employees based upon a variety of plausible readings of the policy.

Attorney Joe Wilson blogged that in a  New York case, an appellate court found that "a 'no personal use' policy combined with a policy allowing for employer monitoring and the employee's knowledge of these two policies diminishes any expectation of privacy." The court held that the emails were not protected, and were properly discoverable in litigation.

And what about the issue of the increasing number of telecommuters? How much privacy can one expect on a computer used for both personal and business purposes?

I'm sure we'll be hearing about many more cases, in many more jurisdictions.

Image:  Laptop; courtesy of Wikimedia Commons and Jon Sullivan

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A story about the reasonable accommodation for a dog was brought to my attention by the New Jersey Employment Law Blog.

The employer accommodated the disabled employee with the service dog, but did not accommodate the dog with non-skip strips on the floor. A court disagreed with the employer. NJELB rightly points out that this is new: an accommodation for an accommodation.

But here’s my perspective: was the dog serving the role of the “canary in the coal mine”? Apart from any accommodation, was it in the employer’s own self interest to eliminate the condition that was probably also unsafe for humans?

The case is from Montana, far from our usual coverage area. But employers everywhere should be cautious about overlooking their own self-interests and look for the win-win.
 

Image:  Suzi Q, a certified service dog, working in snow in Finland - - also far from our usual coverage area, but it’s a nice photo.  Courtesy Wikimedia

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The ubiquitous media coverage of Michael Jackson’s death last week mentioned the plight of his children and the state of his financial assets and woes. This unfortunate situation should serve as a reminder that careful estate planning is not just for the wealthy or Hollywood Elite. Taking care of your affairs now ensures that your loved ones are cared for in the manner you wish once you pass.

Many people believe their estate automatically passes onto the spouse, when in fact the spouse may actually receive less than intended.  In Connecticut and New York, the laws of "intestacy" (estates without a will) provide for fractional shares for the spouse if there are children.  By contrast, many married couples who write wills give all to the other and only at the death of both do assets pass to the children.  Without legal planning, how an estate will be distributed or who the administrator will be is determined by impersonal laws without considering individual circumstances..

Although there are no laws that require the assistance of an attorney in estate planning, we highly recommended  it. A "do-it-yourself" will or generic trust may actually be more expensive than consulting a lawyer. Generic forms often do not address the legal requirements of New York or Connecticut. They also will not take into account individual wishes. And then, of course, there may be tax issues that will need to be resolved.

The death of a loved one is always difficult, but with no estate plan, the loss can be compounded by family squabbles and feelings of betrayal -- not to mention an overwhelming amount of paperwork.

Visit some of our archived blog entries for more information.

Image:  Last will & testament of Alfred Nobels, dated November 27th, 1895.  Courtesy Wikimedia
 

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Image: Fireworks over the East Village of New York City; David Shankbone, Wikimedia Commons.

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