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Comments Off on All in the Family? Corporate Family Conflicts & Letters of Engagement — Part II
By Roy Simon [Originally published in NYPRR January 2007] Last month (NYPRR Dec. 2006), in Part I of this article, I provided detailed background for McKesson Information Solutions LLC v. Duane Morris LLP, 2006-CV-121110 [Fulton Cty., GA Superior Ct.,...
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Comments Off on All in the Family? Corporate Family Conflicts & Letters of Engagement — Part I
By Roy Simon [Originally published in NYPRR December 2006] Like the late, great Ray Charles, I’ve got Georgia on my mind. A recent unpublished Georgia state court case, McKesson Information Solutions LLC v. Duane Morris LLP, 2006-CV-121110 (Fulton...
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Comments Off on Dodging Trigger-Happy Legal Malpractice Plaintiffs
By Roy Simon [Originally published in NYPRR November 2006] Many legal malpractice cases have been in the legal newspapers lately. In two high-profile cases, one in federal court and one in state court, the plaintiffs asserting malpractice lost on...
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Comments Off on Advance Conflict Waivers in New York — Part 2
By Roy Simon [Originally published in NYPRR October 2006] Last month in NYPRR (Sept. 2006), in Part 1 of this article, I discussed New York judicial opinions and bar association ethics opinions regarding the validity of advance conflict waivers. To...
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Comments Off on Advance Conflict Waivers in New York —Part 1
By Roy Simon [Originally published in NYPRR September 2006] Suppose your law firm represents a number of health insurers and has earned a strong reputation in the health law field. Because of this strong reputation, you get a call from a major hospital...
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Comments Off on Due Diligence, Fiduciary Duties & Disqualification
By Roy Simon [Originally published in NYPRR August 2006] Last November 2005, the head of litigation at a major Wall Street law firm was talking about new developments in the field of legal ethics. “What do you think of Judge Gammerman’s decision...
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Comments Off on Final Conflicts Exam: There’s a Will, But Is There a Way?
By Roy Simon [Originally published in NYPRR July 2006] Each year in my course on the Ethics and Economics of Law Practice, I test my students on conflicts of interest. Here is my Spring 2006 final exam question on conflicts: FACTS [1] You have a legal...
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Comments Off on Accepting Legal Fees from Client’s Employer
By Roy Simon [Originally published in NYPRR June 2006] If a company under investigation retains you to represent an employee who is asked to cooperate in an internal investigation, what should you disclose to the employee regarding the scope of your...
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Comments Off on Legal Malpractice & Breach of Fiduciary Duty — Part II
By Roy Simon [Originally published in NYPRR May 2006] Last month’s article (NYPRR April 2006) asked whether courts should permit clients to pursue parallel claims for both legal malpractice and breach of fiduciary duty if the breach of fiduciary duty...
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Comments Off on Legal Malpractice & Breach of Fiduciary Duty — Part I
By Roy Simon [Originally published in NYPRR April 2006] Every lawsuit alleging legal malpractice seeks money damages, and almost every suit seeking damages for legal malpractice also contains a separate claim seeking damages for breach of fiduciary...
