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Posts Tagged ‘Fiduciary Duty’

  • Why the “Stock” Decision Is Wrong — And Why It Is Right

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    By Ronald C. Minkoff   Like so many New York lawyers, I was happy when the First Department decided Stock v. Schnader Harrison, Segal & Lewis, LLP, 35 N.Y.S.3d 31 (1st Dept. 2016 (Stock). Indeed, I was probably happier: The First Department’s decision,...

  • Rules for Lawyers Practicing Before SEC

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    By Roy Simon [Originally published in NYPRR September 2002]   When I was a first year law student at NYU in 1974, one of the first law review articles I read was Frederick D. Lipman’s The SEC’s Reluctant Police Force: A New Role for Lawyers, 49 NYU...

  • Revolving Door: “Gibbs v. Breed Abbott”

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    By Ronald C. Minkoff [Originally published in NYPRR September 2000]   If they ever existed, the halcyon days of hallowed law partnerships, when those who survived to make partner loyally labored for the same firm for their entire professional lives, are...

  • Expelling Partners: Legal & Ethical Issues

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    By Roy Simon [Originally published in NYPRR April 2000]   Suppose your law firm opened an out-of-town office a few years ago and now finds that the office is unprofitable. You run the numbers and realize that the firm’s most senior partners could make...

  • Conflicts of Interest in Malpractice Cases

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    By Stephen Gillers [Originally published in NYPRR March 2000]   An intriguing question in the field of lawyer regulation is the relevance of conflict of interest rules in cases charging a lawyer with legal malpractice or breach of fiduciary duty....

  • Who Is Your Client in Small Business Matters?

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    By Roy Simon [Originally published in NYPRR December 1999]   When you are handling matters for a small corporation, who is your client? This is not a trick question. You should know the answer. As DR 5-109(A) states: When a lawyer employed or retained by...

  • Do I Have to Keep These Old Files?

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    By Roy Simon [Originally published in NYPRR April 1998]   Are old files stacked all over your office, or is your file room running out of space, or are you paying huge bills to store your closed files off site? If so, read on. This article tells you (1)...

  • State Bar Issues Opinion on Use of Internet

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    By Lazar Emanuel [Originally published in NYPRR December 1998]   In its first major pronouncement on law practice over the Internet, the New York State Bar Association’s Committee on Professional Ethics has issued Ethics Opinion 709 (Sept. 16, 1998)....

  • Departing Partners in the Grey Zone

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    By Steven C. Krane [Originally published in NYPRR November 1998]   [Editor’s note: This is the third in a series of articles by Steven C. Krane, on the departing partner. This article was prompted by the decision in September 1998, of Justice Herman...

  • When Partners Part: Ethical Implications of Lawyer Mobility

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    By Steven C. Krane [Originally published in NYPRR September 1998]   [Editor’s note: This is the first of two articles on the problems that arise when a partner decides to leave a firm. This article deals with the responsibilities of the partner who...