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Comments Off on Review of New York City Bar’s Opinion on Litigation Financing
By Lazar Emanuel [Originally published in NYPRR October 2011] As an observer who has commented several times on developments in the world of litigation financing (See, NYPRR, June 2005, July 2010, February 2011, and May 2011), I was perplexed by the...
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Comments Off on What’s in a Name — Part II
By Lazar Emanuel [Originally published in NYPRR August 2011] Since April 29, 2011, questions raised by practitioners have prompted four Ethics Opinions from the State Bar on issues related to lawyer advertising and the use of firm names. These opinions...
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Comments Off on What’s in a Name? More than Meets the Eye
By Lazar Emanuel [Originally published in NYPRR June 2011] Considering that Rule 7.5(b) is a verbatim adoption of the Code’s DR 2-102(B), it’s surprising that a rule that has existed for so many years needs interpretation once again. But two recent...
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Comments Off on When You Refer a Matter to Another Lawyer
By Lazar Emanuel [Originally published in NYPRR March 2011] John Adams has been your client for many years. You’ve represented him in a variety of matters, including the preparation of his prenuptial agreement with Jane, the purchase of his home, and...
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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 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 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...
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Comments Off on May a Lawyer Split His Legal Fees with an Employee?
By Lazar Emanuel [Originally published in NYPRR September 2010] A paralegal who is employed by a personal injury practitioner receives a phone call from a friend. The friend describes a multi-vehicle accident in which several people are seriously...
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Comments Off on Litigation Funding and the Law of Champerty
By Lazar Emanuel [Originally published in NYPRR July 2010] Does the exchange of questions and answers between the Second Circuit Court of Appeals and the New York Court of Appeals in Trust v. Love Funding, decided in January 2010, put at jeopardy the...
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Comments Off on Bright Line Protects Secondary Actors from Civil Liability in Securities Fraud Actions
By Lazar Emanuel [Originally published in NYPRR June 2010] [Author’s note: As I finished this article, the U.S. Senate was voting to approve the provisions of S.3217, the “Restoring American Financial Stability Act.” I had been following closely...
