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Comments Off on N.Y. Court of Appeals Narrowly Interprets Common Interest Exception to Attorney-Client Privilege
By Ronald C. Minkoff, Nicole Hyland & LiJia Gong The New York Court of Appeals issued a decision on June 9, 2016 in Ambac Assurance Corp. v. Countrywide Home Loans (Ambac). This opinion has important implications for communications between attorneys and clients, particularly in commercial contexts. The Court held that the common interest...
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Comments Off on Recent N.Y. Ethics Opinions: June/July 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in December 2015 and January 2016. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on...
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Comments Off on Careless Keystrokes & Bad Decisions: New York Law on Inadvertent Disclosure (Part 2)
By Robert A. Barrer inadvertent adjective: in·ad·ver·tent \-tənt\ Merriam-Webster definition: not intended or planned In Part 1 of this article, which appeared in last month’s issue of New York Legal Ethics Reporter, we discussed the...
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Comments Off on ABA Model Regulatory Objectives: Why They Matter to You
By Ronald C. Minkoff ABA House of Delegates Resolution 105 (Resolution 105), which was narrowly approved by the ABA House of Delegates (HOD) at the mid-year meeting in February 2016 and adopts the ABA Model Regulatory Objectives (Model Objectives) as...
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Comments Off on Recent N.Y. Ethics Opinions: May 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions...
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Comments Off on Careless Keystrokes & Bad Decisions: New York Law on Inadvertent Disclosure (Part 1)
By Robert A. Barrer inadvertent adjective: in·ad·ver·tent \-tənt\ Merriam-Webster definition: not intended or planned The word “inadvertent” conjures in most lawyers a distressing feeling that they have done something wrong and that the...
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Comments Off on Masking Tapes: An Analysis of the Law of Secret Recording in New York
By John B. Harris Recording telephone and in-person conversations, which once required advance planning and special equipment, is now both simple and widely available on a range of portable devices. Many lawyers recognize that tapes can be invaluable to a...
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Comments Off on Recent N.Y. Ethics Opinions: March 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in November and December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new...
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Comments Off on How to Lose Your Legal Fee, Part 1: Excessive Fees
By Ronald C. Minkoff For the most part, lawyers in New York are free to set their own fees. Except for particular areas where specific court or ethics rules govern—most notably, personal injury and medical malpractice—lawyers have wide latitude in setting...
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Comments Off on Playing Nicely with Others: Cross-Border Fee Sharing with Firms That Play by Different Rules
By Nicole I. Hyland and Tyler Maulsby As multijurisdictional practice continues to expand, lawyers in different states regularly work together on a litigation or transaction. For example, a New York lawyer handling a complex securities lawsuit may find it...
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