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Tinker, Tailor, Lawyer, P.I.: Are Your Workplace Investigations Complying with the Law?

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How Attorneys Conducting Workplace Investigations Can Comply with N.Y.’s Private Investigator Law & Rules of Professional Conduct By Ronald C. Minkoff, Lindsay Harris, and Andrew Jacobs The recent high-profile trial in Ellen Pao vs. Kleiner Perkins, No. CGC-12-520719 (S.F. Cty. Super. Ct. filed 5/10/2012), in which Pao unsuccessfully sued her...

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Understanding & Securing the LLP Shield in New York (Part 1)

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By Goldy Gluzman & Susan Fortney Introduction “[T]he actions of a partner you don’t even know, working in an office on the other side of the country, could cost you your house and force your kids to go to public school.” See, Michael Orey, “The...

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When Case-Within-a-Case Method Helps Plaintiffs Prove Legal Malpractice

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By Daniel L. Abrams Causation is an essential element in any legal malpractice case. When the plaintiff alleges that an attorney mishandled a lawsuit, in order to prove causation the plaintiff must prove that it would have prevailed in the underlying lawsuit....

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When You Can Contact Others Who Are or Were Represented by Counsel: Part II

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By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or Were Represented by Counsel” (NYLER April 2015), we explained the basic...

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“Remembering Professor Monroe Freedman”

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By Abbe Smith The following remarks were delivered on March 1, 2015, at the Memorial Service for Professor Monroe Freedman. Monroe was my friend, co-author, intellectual life partner, mentor, and member of the family. There is no one like him; he is...

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When You Can Contact Others Who Are or Were Represented by Counsel: Part 1

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By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler) Lawyers sometimes want to contact a person who is connected with an adverse party or formerly connected with an adverse party in a transaction or litigation....

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“Illegal” Conduct Under Rule 1.2: When Does Advice to a Client Violate an Attorney’s Ethical Obligations?

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By Lewis Tesser and Timothy Nolen Many attorneys have experienced situations in which a client has sought advice about proposed actions which “push the legal limit” or are even clearly illegal. How far—if at all—may attorneys go in assisting a client...

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When the Music Stops: Risk Management & Lateral Lawyer Musical Chairs

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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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Tribute to Lazar Emanuel (1924 — 2011)

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[Originally published in NYPRR February 2012] The February 2012 issue of NYPRR is dedicated to the memory of Lazar Emanuel, Publisher and Managing Editor of the New York Professional Responsibility Report.   Goodbye, My Friend By Roy Simon With the...

State Bar Amends & Adds Comments to Rules of Professional Conduct (Part II)

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By Roy Simon [Originally published in NYPRR September 2011]    On June 25, 2011, at its meeting in Cooperstown, the New York State Bar Association House of Delegates unanimously approved a Report by the State Bar’s Committee on Standards of Attorney...