Tag Archives: legal services

Cornell Law Set to Launch First NYC-Based Law Clinic

Posted on by

Hannah Rosenberg/Sun File Photo

 

 

 

 

 

 

 

 

 

 

The Cornell Daily Sun just ran an article about the expansion of Cornell Law School’s Entrepreneurship Law Clinic to the Cornell Tech campus in NYC, where I am now located:

Cornell Law School is set to launch its first law clinic in the Big Apple.

Beginning in January 2025, the Entrepreneurship Law Clinic will expand from Ithaca to the Cornell Tech campus on Roosevelt Island.

Through the Entrepreneurship Law Clinic, law students provide pro-bono legal services to emerging businesses, entrepreneurs and startups in the Ithaca area and under the guidance of law school faculty.

Students assist with business formation, hiring and employment, intellectual property management, commercial contracts and public service initiatives, such as aiding small businesses during COVID-19.

All of the law school’s other clinics are located in Ithaca, where the law school is based.

Established in 2018, the Entrepreneurship Law Clinic stands as the law school’s only transactional clinic, which means students gain hands-on legal experience in business.

The law school received a donation from Franci Blassberg ’75 J.D. ’77 and Joseph Rice III in 2023, which helped establish the Blassberg-Rice Center for Entrepreneurship Law. The center will use the funding to expand the Entrepreneurship Law Clinic to New York City.

Prof. Celia Bigoness, law, is the founding director of the Blassberg-Rice Center and the Entrepreneurship Law Clinic. Bigoness emphasized the benefits of the new location.

“Law clinics serve two principal purposes, and our expansion to NYC serves both purposes … — providing pro-bono legal services and hands-on clinical training experience for students,” Bigoness stated to The Sun.

“The clinic has been hugely successful — so successful that its capacity isn’t nearly enough to satisfy student demand,” Cornell Law Dean Jens David Ohlin wrote to The Sun. “This expansion will allow us to scale the program while keeping the intensive, hands-on approach that makes it so effective.”

Law students may join the clinic in their second or third years and often stay for the remainder of their degrees.

Kathleen Joo J.D. ’23, participated in the Entrepreneurship Law Clinic in her second and third years of law school and is now an associate at Simpson Thacher & Bartlett LLP. She believes that the expansion will advance the clinic.

“While I was a student there, … [the clinic] was the closest experience we could get to full-time work,” Joo said. “I imagine the expansion also means that students will get access to a greater variety of clients and projects.”

With this development, students will also be able to spend a semester at Cornell Tech with the J.D. Program in Information and Technology Law.

The law school also hired its second full-time clinical instructor to facilitate the expansion.

Prof. David Reiss joined the law school in July and is the research director of the Blassberg-Rice Center for Entrepreneurship Law. He will teach at the clinic’s New York City location and Bigoness will continue teaching at its Ithaca location.

Reiss previously taught at Brooklyn Law School where he founded its Community Development Clinic. He explained that he is enthusiastic to apply his experiences to the clinic.

“I have represented entrepreneurs and social entrepreneurs over the course of my legal career, first in practice and then as a director of a law clinic, and can’t wait to get started at the [Cornell] Tech campus,” Reiss said.

Lawyering up for Housing Affordability

Posted on by

The New York City Independent Budget Office issued an estimate of the cost of providing “free legal representation to individuals with incomes at or below 125 percent of the federal poverty level who are facing eviction and foreclosure proceedings in court . . ..” (1) The IBO nets the cost of this proposal against the potential savings that the City would reap by reducing admissions to homeless shelters. The IBO concludes that this proposal would have a net cost of roughly 100 million to 200 million dollars.

The IBO notes that “there are benefits to reducing evictions that extend beyond the city’s budget, such as the potential for reducing turnovers of rent-regulated apartments, which would slow rent increases for those units, as well as avoiding the long term physical and mental health consequences associated with homelessness.” (1-2)

Seems to me that this is money well spent in 21st century New York City. Market forces are such that landlords can frequently raise rents significantly whenever a tenant leaves.  Unscrupulous landlords harass their tenants in a variety of ways in order to encourage them to leave sooner.  This might be done through the abuse of legal process, with a landlord trying to evict a tenant multiple times when the tenant has not violated the terms of the lease. Or it might be done through improperly maintaining the property, for instance, cutting off the water repeatedly. In either case, though, tenants are being subject to a lot of illegal behavior in this hot real estate market.

Housing court is a mess for both tenants and landlords, but typically only landlords have lawyers to help them navigate it. This proposal would even the field a bit. Mayor de Blasio’s affordable housing goals would be greatly augmented by this proposal.

Perhaps housing court reform should also be put on the table so that these cases are adjudicated equitably, but that is a topic for another day . . ..

Settling NY Foreclosures

Posted on by

Three legal services providers issued Stalled Settlement Conferences: A Report on Residential Foreclosure Settlement Conferences in New York City. The report opens,

New York has coped with the foreclosure crisis by implementing a pioneering settlement conference process administered by the court system, designed to promote negotiation of affordable home-saving solutions. These conferences present a remarkable opportunity for lenders and borrowers to meet face-to-face in a court supervised settlement conference at which creative solutions can be forged, and have allowed thousands of New Yorkers to avert foreclosure. But banks routinely flout the law by appearing without required information or settlement authority, causing delays that cost borrowers money and can make home-saving settlements impossible. The process can be far more effective, and less prone to delay, if the courts rigorously enforce the requirements of the settlement conference law, as this report recommends.

Notwithstanding media reports about rebounding real estate markets, New York remains mired in a foreclosure crisis. In fact, in 2013 foreclosure cases represented approximately one third of the judiciary’s civil case load. New York State’s courts experienced a significant increase in foreclosure fi lings during 2013, with the pending inventory increasing more than 16% in 2013, with over 84,000 foreclosure cases pending as of the last report issued by the judiciary, and with 44,035 projected new filings for calendar year 2013 (representing an increase of nearly 20,000 new filings over 2012). (2)

This is clearly an advocacy document, but it is also clear that it is documenting a real problem, one that has cropped up time after time in judicial decisions. It may, however, go too far when it states that “banks and their lawyers themselves are largely responsible for prolonging the process.” (3) In fact, NY’s foreclosure process was longer than most before the mandatory conferences were implemented and remain long even as other jurisdictions adopt similar requirements.

Nonetheless, lenders should comply with the letter and spirit of the law. The report advocates for courts to “vigorously enforce the settlement conference law and deter banks from violating it by penalizing parties who appear in court without the authority and information needed to negotiate in good faith.” (2) Seems like a pretty reasonable recommendation to me.