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Comments Off on Depositions of Opposing Counsel: Developing Law — Part 1
By Roy Simon [Originally published in NYPRR September 2004] [Editor’s Note: This a two-part article. Part 2 will appear in NYPRR October 2004.] If the opposing party wants to take your deposition, may it do so? If your client wants to take the...
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Comments Off on Willful Infringement Litigation: Waiver & Work Product Protection — Part 2
By Roy Simon [Originally published in NYPRR August 2004] When a defendant invokes the advice-of-counsel defense in a willful infringement case and thus waives the attorney-client privilege does the defendant also waive work product protection? Last...
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Comments Off on Hot Current Topics in Lawyer Supervision
By Ronald C. Minkoff [Originally published in NYPRR August 2004] The New York Code of Professional Responsibility makes it clear that attorneys in law firms or corporate or government law offices who have “direct supervisory authority over another...
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Comments Off on Willful Infringement Litigation: Waiver & Work Product Protection — Part 1
By Roy Simon [Originally published in NYPRR July 2004] When your client in willful infringement litigation raises an advice of counsel defense and waives the attorney-client privilege, has your client also automatically waived work product protection?...
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Comments Off on Supervising Non-Lawyers Hired from Another Law Firm
By Lazar Emanuel [Originally published in NYPRR July 2004] The New York State State Bar Association has issued Formal Opinion 774 (March 23, 2004) defining a law firm’s responsibility on hiring a secretary, paralegal or other non-lawyer who has...
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Comments Off on Discharged Contingent Fee Lawyer May Recover for Services
By Lazar Emanuel [Originally published in NYPRR July 2004] When a law firm under a contingent fee agreement is discharged without cause, it may recover for its services in quantum meruit whether or not the client ultimately achieves any recovery....
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Comments Off on Court Rejects Disqualification for Unauthorized Contact
By Lazar Emanuel [Originally published in NYPRR July 2004] Attorney David Lansner, counsel for plaintiff Tylena, telephoned Mia Higgins, in-house counsel for defendant Heartshare. [Tylena M. v. Heartshare Human Services, SDNY (NYLJ, 6/18/2004, p. 21).]...
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Comments Off on Privilege & Adverse Inferences in Patent Infringement Litigation
By Roy Simon [Originally published in NYPRR June 2004] These are anxious times for patent litigators. In September 2003, in a highly unusual move, the Federal Circuit announced that it was reconsidering some key Federal Circuit precedents. In...
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Comments Off on Duty to Disclose All Settlement Offers
Mary C. Daly [Originally published in NYPRR June 2004] Between 95 and 98 percent of all civil cases are settled. Because so much lawyer activity centers around the path to settlement, the conduct of lawyers in negotiating settlements is a matter of...
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Comments Off on Court Rulings & Opinions: June 2004
By Lazar Emanuel [Originally published in NYPRR June 2004] Court Applies Baldi to Appellate Counsel In People v. Stultz [NYLJ, 5/5/2004, p. 19], the Court of Appeals applied to appellate counsel for the first time the same standards of lawyer...
