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Comments Off on Lawyer: Manage Your Career in Uncertain Times
By Kathleen Brady [Originally published in NYPRR February 2011 If the current economic climate has taught us anything, it’s the importance of anticipating normal transition points and preparing for unexpected events. It has reinforced the idea that by building an adjustable portfolio of skills and a strong professional reputation, you can design a...
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Comments Off on “Gucci v. Guess?” Invokes Judge Wyzanski’s Classic Opinion on Privilege
By Roy Simon [Originally published in NYPRR February 2011] By now, most readers of NYPRR probably know that late last June (2010), in a hard-fought trademark infringement case captioned Gucci America, Inc. v. Guess?, Inc., 2010 WL 2720079 (S.D.N.Y....
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Comments Off on Overall View of Litigation Funding Industry
By Lazar Emanuel [Originally published NYPRR February 2011] On Jan. 16, 2001, The New York Times ran a front-page story whose general thrust was set by the headline, “Lawsuit Loans add new risk for the Injured.” The article was a collaboration...
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Comments Off on NYSBA Amends Comments to New York Rules of Professional Conduct
By Roy Simon [Originally published in NYPRR January 2011] At its Nov. 3, 2010 meeting, the New York State Bar Association amended the Comments to the New York Rules of Professional Conduct. The press release by the State Bar said, in part: As part of...
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Comments Off on Refco Puzzle: When Are Complicit Third Parties Liable?
By Lazar Emanuel [Originally published in NYPRR January 2011] Ever since the Refco scandal erupted in October 2005, the federal and state courts have been struggling to answer a fundamental question of third-party liability — when is a lawyer, an...
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Comments Off on In-House Registration Proposal Approved by State Bar
By Roy Simon [Originally published in NYPRR December 2010] On Nov. 6, 2010, the New York State Bar Association House of Delegates overwhelmingly approved, by voice vote, a proposed new Part to the Rules of the Court of Appeals. The new rules would...
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Comments Off on Rule 5.6: As Written or As Applied?
By: Ronald C. Minkoff [Originally published in NYPRR December 2010] [Note: In this article, I use “partner” and “partnership” as short-hand for, respectively, all the principals in a law firm (including shareholders, members, etc.) and all law...
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Comments Off on A Thoughtful Case on Advocate-Witness Rule
By Roy Simon [Originally published in NYPRR November 2010] This year (2010) has produced a bumper crop of decisions about the advocate-witness rule (Rule 3.7) in New York state and federal courts. I have already written about the advocate-witness rule...
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Comments Off on Ethics of Ghost Lawyering
By Allison Schoenthal & Jeremy R. Feinberg [Originally published in NYPRR November 2010] Given the rapid approach of Halloween, we’d like to share a “ghost story” with you. Imagine being approached by an elderly woman with limited income who...
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Comments Off on Recognizing Interest on Loans as a Litigation Expense
A Commentary by Lazar Emanuel [Originally published in NYPRR October 2010] In the action brought in behalf of 10,000 claimants of 9/11 respiratory disease (In Re: World Trade Center Disaster Site Litigation, Docket No: 21 MC 100), Southern District...
Ron Minkoff