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Comments Off on Second Circuit Declares Ad Rules Unconstitutional
By Roy Simon [Originally published in NYPRR April 2010] On March 12, 2010, the Second Circuit finally handed down its decision in Alexander v. Cahill, 2010 WL 842711. The Second Circuit affirmed all but one aspect of the District Court’s decision,...
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Comments Off on Court Denies Referral Fee to No-Show Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2010] Instinctively, the draftsmen of our ethical rules and standards have been reluctant to recognize or confirm the right of a lawyer to collect an unearned referral fee. an unearned referral fee...
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Comments Off on May Former In-House Lawyers Testify as Experts Against Their Former Employers?
By Roy Simon [Originally published in NYPRR March 2010] Justice Alice Schlesinger of the New York County Supreme Court has issued a fascinating decision about the confidentiality duties of former in-house lawyers. In Bear Stearns Asset Management Inc....
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Comments Off on Lawyer Admitted in N.J. and N.Y. Challenges New York Office Rule
By Lazar Emanuel [Originally published in NYPRR March 2010] Author’s Note: Section 478 of the Judiciary Law is the source of the prohibition against practice in New York by nonresident lawyers: It shall be unlawful for any natural person to practice...
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Comments Off on Attorney-Client Privilege & Third-Party Consultants: An Update
By Roy Simon [Originally published in NYPRR February 2010] More than six years ago, in July 2003, I published an article in NYPRR entitled The Attorney-Client Privilege and Public Relations Firms. The article reviewed a number of cases addressing...
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Comments Off on Multijurisdictional Law Practice By Corporate Counsel
By Lazar Emanuel [Originally published in NYPRR February 2010] Since April 1, 2009, when the new Rules of Professional Conduct became effective, the Committee on Professional Ethics of the State Bar has been busy issuing Ethics Opinions on issues...
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Comments Off on Whom Does a Corporation’s Attorney Represent?
By Roy Simon [Originally published in NYPRR January 2010] When an attorney represents an entity, does the attorney also represent others? For example, does the attorney represent shareholders? Sister and subsidiary corporations? Officers? Limited...
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Comments Off on Judicial Ethics Roundup — A Busy Year In 2009
By Jeremy R. Feinberg [Originally published in NYPRR January 2010] Although 2009 was undoubtedly a busy and memorable year in the world of New York lawyer ethics — with developments ranging from the adoption of the New York rules of Professional...
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Comments Off on Simon on New Rules: Rule 4.1 Through Rule 8.4
By Roy Simon [Originally published in NYPRR December 2009] This month I conclude my series on the new New York Rules of Professional Conduct. I will concentrate on the handful of provisions in Articles 4 through 8 that significantly alter or add to the...
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Comments Off on Simon on New Rules: Rule 3.7(a) Through Rule 3.9
By Roy Simon [Originally published in NYPRR November 2009] This month’s column, which continues my series of columns on the new New York Rules of Professional Conduct, covers Rules 3.7, 3.8, and 3.9. Rule 3.7(a): Advocate as Witness Rule 3.7(a),...
