NYPRR Archive
Category Archive
NYPRR Archive •
admin •
Comments Off on Lawyer Attacks Vagueness of Specialization Rule
By Lazar Emanuel [Originally published in NYPRR September 2004] In a lawsuit between a Buffalo trial lawyer and the Attorney Grievance Committee of the Eighth Judicial District, district court Judge John T. Elfvin has ordered a trial to determine whether New York’s DR 2-105(C)1, the Rule controlling specialization claims in lawyer advertising, is...
Read More
NYPRR Archive •
admin •
Comments Off on Duty to Preserve E-Data When Litigation Threatens
By Lazar Emanuel [Originally published in NYPRR September 2004] In a continuing saga which has lasted more than two years and resulted in five separate opinions, Southern District Judge Shira A. Scheindlin has again considered the responsibility of...
NYPRR Archive •
admin •
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...
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
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...
NYPRR Archive •
admin •
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...
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
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?...
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
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...
NYPRR Archive •
admin •
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....
NYPRR Archive •
admin •
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).]...
NYPRR Archive •
admin •
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...
Ron Minkoff