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The following article recently appeared in The Press & Sun Bulletin as part of the continuing education in law series.

Law Day 2008: The Rule of Law

The Crown v. John Peter Zenger, 1735

In the early 1730s, John Peter Zenger, a German immigrant, started publishing The New-York Weekly Journal. In it, he printed articles by opponents of Governor William Cosby criticizing his removal of the colony's Chief Justice from office. These articles mocked Cosby while warning against leaders who put themselves above the law. Outraged, Governor Cosby ordered copies of select issues seized and burnt and Zenger was eventually indicted for seditious* libel. After months in jail, Zenger's trial began, but his lawyers were disbarred and prevented from defending their client. Andrew Hamilton, a Philadelphia lawyer, took over the case and offered a defense that went against traditional English law.

In England, proof of publication was all that was necessary to convict a publisher of libel. Whether the alleged libel was true or not didn't matter. Hamilton insisted that the truth should make a difference: if Zenger had published the truth, he couldn't be guilty of libel.

When the court rejected Hamilton's argument, the lawyer urged jurors to decide for themselves. They acquitted Zenger, setting a precedent in favor of truth that was later affirmed by courts in England and the United States. Thus, a jury of regular men helped lay the foundation for one of the freedoms in the First Amendment of the U.S. Constitution.

*Sedition: word or action inciting rebellion against the authority of a state.

Classroom Newspaper Activity:

• Locate articles, editorials or political cartoons that report on the decisions of local, state or national government leaders. As a class, discuss how this information would be different without the protection of Freedom of the Press. Rewrite or redraw this coverage as it might be reported without the First Amendment.

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Binghamton, NY, April, 2008

Trial work of Coughlin & Gerhert LLP was recently recognized in a favorable federal court decision. Oliver N. Blaise, III and Jeffrey Husisian handled the trial for our client, who sued his former employer for age discrimination after being terminated under the guise of a company-wide layoff. Our client, who had significant training, experience and an excellent work history, was in his 50's, as were the majority of the other employees laid off. The company claimed that the termination was due to economic conditions and poor job performance. In a 75 page decision, the judge overseeing the case found that the employer's reasons for the termination were a pretext to justify discriminatory conduct, which was based in large measure on our client's age. The court awarded our client over $135,000 in compensatory damages, plus attorneys' fees. The case and decision were recognized in the New York Law Journal.

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Deposit, NY, March, 2008

Mark Gorgos, Managing Partner of Coughlin & Gerhart LLP, announced the firm has opened a new regional office in the village of Deposit, NY. The facility will be located at 105 Front Street, Deposit... the same location the firm used many years ago.

Robert Madigan, Jr., will be the partner in charge of this office, with assistance from attorneys Beth Westfall, John Thomas and Cheryl Insinga.

According to Gorgos, "We are pleased to be able to re-open this additional office for the convenience of our clients and look forward to a successful future in this area of Broome and Delaware County.

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Binghamton, NY, March, 2008

19 Chenango Street

We're excited to report that the move of our main office from 20 Hawley Street to the historic building at 19 Chenango Street in downtown Binghamton is on schedule to be completed in the first half of March 2008. This refurbished office space, with updated technology capabilities, will serve the needs of our clients for many years to come. The location features convenient parking and close access to courts and governmental agencies.

Coughlin & Gerhart, L.L.P. was committed to maintaining its headquarters in the downtown part of the city, which is currently undergoing a revival. The firm's decision to remain downtown was included as a highlight in the Mayor's 2007 State of the City address. We look forward to showing off our new space to our clients and friends in the near future. Please be sure to check back on this site in the upcoming weeks for actual move dates in the event you are planning on visiting us in the month of February 2008.

For more information about Coughlin & Gerhart, L.L.P., contact the firm's managing partner, Mark S. Gorgos, Esq. at (607) 723-9511 or 1-877-COUGHLIN, or E-mail us at info@cglawoffices.com.

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Binghamton, NY, February, 2008

Nancy Kline of our Trusts and Estates group recently delivered a lecture to 100 lawyers at the Broome County Bar Association's Continuing Legal Education Program on Elder Law. Nancy covered the general rules for Medicaid eligibility for people in nursing homes and important considerations for pre-application purposes. Our Trusts and Estates attorneys are available to help clients understand and navigate this complex area of the law.

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Binghamton, NY, February, 2008

Senator Thomas W. Libous has sponsored a Resolution which was unanimously passed by the Senate to honor our late founding partner Eugene Gerhart and to recognize him as an outstanding citizen for his exemplary service to our community, our state, our nation and our profession. Copies of the Gold Seal Resolution No. 3694 have been shared with his daughters and with our firm.

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Binghamton, NY, January 21, 2008

Coughlin & Gerhart L.L.P. is proud to announce that Richard B. Long has been honored in "New York Area's Best Lawyers." in the areas of Alternate Dispute Resolution and Personal Injury Litigation in the 2008 listings published by New York Magazine. Long has also been included in "Best Lawyers in America", the definitive guide to legal excellence in the United States.

Mr. Long was a Partner in the firm from 1961 to 2001, and is currently "Of Counsel". He headed the firm's Litigation Department for 26 years and has concentrated for nearly 50 years in civil litigation at the trial level. Mr. Long is former chair of the Trial Lawyers Section of the New York State Bar Association.

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Binghamton, NY, January 21, 2008

Coughlin & Gerhart L.L.P. is proud to announce that John M. Thomas, Esq. has been honored in "New York Area's Best Lawyers" in the area of Trusts & Estates in the 2008 listings published by New York Magazine. Thomas has also been included in "Best Lawyers in America", the definitive guide to legal excellence in the United States.

Judge Thomas joined Coughlin & Gerhart, L.L.P. in 2001 and is "Of Counsel" with the firm. He served as the Broome County Surrogate Judge from January 1, 1985 to January 1, 2001.

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Binghamton, NY, January 18, 2008

Beth E. Westfall, a member of the firm's Trust & Estates practice group, recently presented a seminar on estate planning and planning for long term care to a group of caregivers who assist Alzheimer's patients. The program is sponsored by the Alzheimer's Association several times a year and includes topics such as wills, powers of attorney, health care proxies, Medicare, Medicaid, trusts, and long term care insurance.

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Batavia, NY, January 9, 2008

Coughlin & Gerhart L.L.P. hosted a seminar for its municipal clients in Batavia, New York. C&G partners Mary Lou Conrow, Esq. and Paul J. Sweeney, Esq. presented to over 90 attendees on several public sector employment issues, including police and fire disability, discipline, leaves of absence, retirement and collective bargaining issues. C&G represents cities, counties, town and villages through out New York State in all areas of labor and employment law.

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Binghamton, NY, January 4, 2008

Coughlin & Gerhart L.L.P. is proud to announce that Frank Nemia, Esq., and Joseph J. Steflik, Jr., Esq. have been honored as two of the "New York Area's Best Lawyers" in the area of labor and employment law in the 2008 listings published by New York Magazine. Both have also been included in "Best Lawyers in America."

Mr. Nemia joined Coughlin & Gerhart, L.L.P. in 1999 and is currently "Of Counsel" with the firm. Mr. Nemia was founder, first chairman and is Chair Emeritus of the Labor and Employment Law Section of the New York State Bar Association.

Mr. Steflik joined Coughlin and Gerhart, L.L.P. in 1999 and is a Partner in the firm. He is Chair of the firm's Labor and Employment Law Practice Group.

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