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Willful Infringement Litigation: Waiver & Work Product Protection — Part 2

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By Roy Simon [Originally published in NYPRR August 2004] When a defendant invokes the advice-of-counsel defense in a willful infringement case and thus waives the attorney-client privilege does the defendant also waive work product protection? Last month (NYPRR July 2004), I introduced the debate over this issue, beginning with early cases holding...

Willful Infringement Litigation: Waiver & Work Product Protection — Part 1

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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?...

Supervising Non-Lawyers Hired from Another Law Firm

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By Lazar Emanuel [Originally published in NYPRR July 2004] The New York State State Bar Association has issued Formal Opinion 774 (March 23, 2004) defining a law firm’s responsibility on hiring a secretary, paralegal or other non-lawyer who has...

Who Is Law Firm ‘Partner’ in Suit for Discrimination?

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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...

Uncertain Legacy of “Wieder v. Skala”

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By Ronald C. Minkoff [Originally published in NYPRR March 2004] Twelve years ago, when the Court of Appeals decided Wieder v. Skala [80 N.Y.2d 628, 593 N.Y.S.2d 752 (1992)], it seemed like the dawn of a new age. Combining contract and legal ethics...

Town Attorney May Not Act As Defense Counsel

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By Lazar Emanuel [Originally published in NYPRR March 2004] The case involved defense counsel for two defendants in separate proceedings in village court. The village is located entirely within the limits of the town represented by defense counsel as...

State Bar Committee Proposes Four New Ethics Rules

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By Lazar Emanuel [Originally published in NYPRR February 2004] The New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been engaged in a comprehensive review of the New York Code of Professional Responsibility...

Three Decisions of Interest

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By Lazar Emanuel [Originally published in NYPRR February 2004] Business Corp. Law §1505(a) Applies to Lawyer in P.C. The law firm of Jeffrey S. Dweck is organized as a P.C. Jeffrey S. Dweck is a shareholder in the P.C. The law firm agreed to act as...

Threatening Criminal Charges to Obtain Civil Advantage

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By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third...

When Uninvited Disclosures Become Confidences

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By Lazar Emanuel [Originally published in NYPRR October 2003] Every lawyer knows the feelings of discomfiture that arise on those occasions when an individual who is not a present client insists on asking for advice, or on disclosing facts which would...