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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?...
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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...
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Comments Off on Changing Fee Agreement in Midstream
By Roy Simon [Originally published in NYPRR May 2004] Suppose your firm begins representing the corporate plaintiff in a commercial dispute on an hourly rate basis. When your firm accepted the matter, you and the client thought the dispute could be...
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Comments Off on Who Is Law Firm ‘Partner’ in Suit for Discrimination?
By Roy Simon [Originally published in NYPRR April 2004] Most associates at a law firm want to make partner. But when it comes to employment discrimination lawsuits against large law firms (including suits for sexual harassment or a hostile...
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Comments Off on Should New York Adopt ABA Model Rules?
By Roy Simon [Originally published in NYPRR March 2004] For the last year, the New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been reviewing and revising the New York Code of Professional Responsibility. The...
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Comments Off on 2003 Review: Three Important NYSBA Ethics Opinions
By Roy Simon [Originally published in NYPRR February 2004] Now that the books are closed on 2003, we can step back and consider which ethics opinions are likely to have the greatest impact on the practice of law in New York in the coming years. In this...
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Comments Off on Anticipating and Responding to Client Perjury
By Roy Simon [Originally published in NYPRR January 2004] What should you do if your criminal defense client intends to commit perjury, or — worse — has already committed perjury? The New York Code of Professional Responsibility is ambiguous...
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Comments Off on SEC & Limited Waiver of Attorney-Client Privilege — Part 2
By Roy Simon [Originally published in NYPRR December 2003] May one of your corporate clients give government investigators the results of your law firm’s privileged internal investigations into the client’s possible violations of the federal...
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Comments Off on SEC & Limited Waiver of Attorney-Client Privilege — Part 1
By Roy Simon [Originally published in NYPRR November 2003] May one of your corporate clients give government investigators the results of your law firm’s privileged internal investigations into the client’s possible violations of the federal...
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Comments Off on Washington State Bar Takes on SEC
By Roy Simon [Originally published in NYPRR October 2003] A New York legal ethics newsletter may seem like an unlikely place to write about federal preemption doctrine. For more than 100 years, the rules that govern the conduct of lawyers have...
