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Comments Off on When the Music Stops: Risk Management & Lateral Lawyer Musical Chairs
By Marian C. Rice What lessons have been learned from the role lateral hiring played in the demise of formerly venerable firms like Dewey, Howery, and Heller Ehrman, to name a few? Have the cautionary tales dampened the enthusiasm for poaching talented...
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Comments Off on Rule 1.11: Screening Former Government Lawyers
By Roy Simon [Originally published in NYPRR October 2010] Two decisions this year have applied Rule 1.11 of the New York Rules of Professional Conduct to former government lawyers now in private practice. In In re Coleman, 69 A.D.3d 846 (2d Dept....
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Comments Off on Can Screening Cure Conflicts? Yes and No
By Roy Simon [Originally published in NYPRR July 2010] If your law firm is hit with a motion to disqualify based on a conflict of interest, does a screen cure the conflict? In the New York Rules of Professional Conduct, the answer is yes and no. The...
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Comments Off on ABA’s Screening Proposals — Part II
By Roy Simon [Originally published in NYPRR October 2008] Last month’s column (NYPRR Sept. 2008) noted that at its August 2008 annual meeting, the ABA House of Delegates was scheduled to debate proposals to permit screening to remedy imputed...
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Comments Off on Conflicts of Interest & ‘Limited Service’ ProBono Programs: New DR 5-101-a
By Roy Simon [Originally published in NYPRR May 2008] On Nov. 9, 2007, effective immediately, the four Presiding Justices of the Appellate Divisions issued a new Disciplinary Rule, §1200.20-a, entitled “Participation in Limited Pro Bono Legal...
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Comments Off on When Prospective Clients Raise Conflicts of Interest
By Roy Simon [Originally published in NYPRR May 2003] When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you...
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Comments Off on Assessing Conflicts Issues Within Corporate Family
By Roy Simon [Originally published in NYPRR January 2003] One of the most difficult tasks in checking for conflicts of interest is detecting conflicts within the corporate family. This article provides some ideas for spotting a corporate family...
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Comments Off on Checking for Conflicts Under DR 5-105(E)
By Roy Simon [Originally published in NYPRR November 2002] New York is one of the few states that require lawyers to check for conflicts of interest before accepting any new engagement. Yet little has been written about how to comply with the...
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Comments Off on Can Screens Cure Conflicts in New York?
By Roy Simon [Originally published in NYPRR June 2002] It’s almost summertime, and summertime is the time for screens — window screens, sunscreens, conflicts screens. Can screens cure conflicts of interest in New York that would otherwise...
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Comments Off on Conflicts of Interest in Patent Practice: Representing Competitors
By Roy Simon [Originally published in NYPRR April 2002] Some of the most complex conflicts of interest in law arise in patent practice. This article discusses the conflicts that can arise in patent practice when a law firm represents competitors in the...
