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Posts Tagged ‘Disqualification’

  • Growing Trend Against Motions to Disqualify: Part 2

    NYPRR Archive • • Comments Off on Growing Trend Against Motions to Disqualify: Part 2

    By Roy Simon [Originally published in NYPRR December 2000]   In the first installment of this article, [see, NYPRR Nov. 2000], I asked whether there is a growing trend in the Southern District against granting motions to disqualify opposing counsel. I...

  • Growing Trend Against Motions to Disqualify: Part 1

    NYPRR Archive • • Comments Off on Growing Trend Against Motions to Disqualify: Part 1

    By Roy Simon [Originally published in NYPRR November 2000]   Is there a growing trend against granting motions to disqualify opposing counsel? Three cases may not make a trend, but three cases decided in the Southern District this year suggest that...

  • Who Owns Privilege After Merger?

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on Who Owns Privilege After Merger?

    By Stephen Gillers [Originally published in NYPRR July 2000]   [Editor’s note: This is Part II of a two-part article.] In last month’s NYPRR (June 2000), we identified several lawyer regulatory issues of particular concern to corporate and...

  • Applying Conflicts Rules When a Lawyer Moves

    NYPRR Archive • • Comments Off on Applying Conflicts Rules When a Lawyer Moves

    By Lazar Emanuel [Originally published in NYPRR December 1999]   N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of...

  • Revisiting “Kassis”: Do Chinese Walls Still Work?

    NYPRR Archive • • Comments Off on Revisiting “Kassis”: Do Chinese Walls Still Work?

    By Roy Simon [Originally published in NYPRR November 1999]   In Kassis v. Teacher’s Insurance and Annuity Association [1 No. 86, ___ N.Y.2d ___ (N.Y. 1999)], a unanimous Court of Appeals reversed the First Department and disqualified the firm of Thurm...

  • Court of Appeals Disqualifies Firm Despite Chinese Wall

    NYPRR Archive • • Comments Off on Court of Appeals Disqualifies Firm Despite Chinese Wall

    By Roy Simon [Originally published in NYPRR August 1999]   In Kassis v. Teacher’s Insurance and Annuity Association [243 AD2d 191 (1st Dept. 1998)], the First Department surprised a lot of people by denying the plaintiff’s motion to disqualify the...

  • Contract Lawyer & Imputed Disqualification

    NYPRR Archive • • Comments Off on Contract Lawyer & Imputed Disqualification

    By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR May 1999]   In the first article in this series on the temporary or “contract” lawyer, we dealt with the safeguards available to the hiring partner in screening for existing or...

  • Avoid Conflicts of Interest When Hiring Contract Lawyers

    NYPRR Archive • • Comments Off on Avoid Conflicts of Interest When Hiring Contract Lawyers

    By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR April 1999]   [Editor’s Note: This article was conceived before the release of NYSBA Ethics Opinion 715 (3-98), on Feb. 26, 1999. Because of the importance of Opinion 715, the...

  • Chinese Wall Fends Off Disqualification in First Department

    NYPRR Archive • • Comments Off on Chinese Wall Fends Off Disqualification in First Department

    By Roy Simon [Originally published in NYPRR September 1998]   In Kassis v. Teacher’s Ins. & Annuity Assn. [1998 N.Y. App. Div. LEXIS 6968], the First Department affirmed a trial court’s refusal to disqualify a law firm that hired one of the...

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