-
NYPRR Archive •
admin •
Comments Off on Does the Lawyer for a Partnership Represent the Partners?
By Roy Simon Originally published in NYPRR September 2010] Does a lawyer for a partnership represent the general partners? a recent case granting a motion to disqualify spurred me to re-examine this issue. I found surprisingly few New York cases...
-
NYPRR Archive •
admin •
Comments Off on May a Lawyer Split His Legal Fees with an Employee?
By Lazar Emanuel [Originally published in NYPRR September 2010] A paralegal who is employed by a personal injury practitioner receives a phone call from a friend. The friend describes a multi-vehicle accident in which several people are seriously...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Tribute to Steve Krane
Note: The August 2010 issue of NYPRR is dedicated to the memory of Steven C. Krane, General Counsel of Proskauer Rose, LLP. Steve served us all in many roles — as law clerk to Chief Judge Judith S. Kaye, as the youngest President of the New York State Bar...
-
NYPRR Archive •
admin •
Comments Off on From Advisory Committee on Judicial Ethics: Joint Opinion 09-192/09-231 (Jan. 27–28, 2010)
[Originally published in NYPRR July 2010] The Advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and quasi-judicial...
-
NYPRR Archive •
admin •
Comments Off on Can Screening Cure Conflicts? Yes and No
By Roy Simon [Originally published in NYPRR July 2010] If your law firm is hit with a motion to disqualify based on a conflict of interest, does a screen cure the conflict? In the New York Rules of Professional Conduct, the answer is yes and no. The...
-
NYPRR Archive •
admin •
Comments Off on Litigation Funding and the Law of Champerty
By Lazar Emanuel [Originally published in NYPRR July 2010] Does the exchange of questions and answers between the Second Circuit Court of Appeals and the New York Court of Appeals in Trust v. Love Funding, decided in January 2010, put at jeopardy the...
-
NYPRR Archive •
admin •
Comments Off on Courts Amend Rule 6.4, Removing Big Chill
By Roy Simon [Originally published in NYPRR June 2010] On May 4, 2010, effective immediately, the Administrative Board of the Courts amended Rule 6.4 of the New York Rules of Professional Conduct. This column discusses the scope and history of Rule...
-
NYPRR Archive •
admin •
Comments Off on Bright Line Protects Secondary Actors from Civil Liability in Securities Fraud Actions
By Lazar Emanuel [Originally published in NYPRR June 2010] [Author’s note: As I finished this article, the U.S. Senate was voting to approve the provisions of S.3217, the “Restoring American Financial Stability Act.” I had been following closely...
-
NYPRR Archive •
admin •
Comments Off on Flurry of Decisions Under Advocate-Witness Rule (Rule 3.7)
By Roy Simon [Originally published in NYPRR May 2010] The advocate-witness rule has always been a powerful rule. Unlike other conflict of interest rules, client con-sent cannot cure a disqualification that arises when a lawyer who will be a witness...
-
NYPRR Archive •
admin •
Comments Off on Intro to Cloud Computing & Its Ethical Implications — Is There a Silver Lining? (Part I)
By Jeremy R. Feinberg & Maura R. Grossman [Originally published in NYPRR May 2010] Understanding the legal and ethical implications of rapidly emerging technologies can be a bit like shooting at a moving target. It was barely 18 or 24 months ago...
