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07_Red_Scale

N.Y. Court of Appeals Narrowly Interprets Common Interest Exception to Attorney-Client Privilege

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By Ronald C. Minkoff, Nicole Hyland & LiJia Gong   The New York Court of Appeals issued a decision on June 9, 2016 in Ambac Assurance Corp. v. Countrywide Home Loans (Ambac). This opinion has important implications for communications between attorneys and clients, particularly in commercial contexts. The Court held that the common interest...

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11_Court_EthicsOp

Recent N.Y. Ethics Opinions: June/July 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in December 2015 and January 2016. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on...

Microsoft Word - Document1

Careless Keystrokes & Bad Decisions: New York Law on Inadvertent Disclosure (Part 2)

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By Robert A. Barrer   inadvertent adjective: in·ad·ver·tent \-tənt\ Merriam-Webster definition: not intended or planned     In Part 1 of this article, which appeared in last month’s issue of New York Legal Ethics Reporter, we discussed the...

07_Hand_wPen

ABA Model Regulatory Objectives: Why They Matter to You

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By Ronald C. Minkoff   ABA House of Delegates Resolution 105 (Resolution 105), which was narrowly approved by the ABA House of Delegates (HOD) at the mid-year meeting in February 2016 and adopts the ABA Model Regulatory Objectives (Model Objectives) as...

11_Court_EthicsOp

Recent N.Y. Ethics Opinions: May 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions...

Microsoft Word - Document1

Careless Keystrokes & Bad Decisions: New York Law on Inadvertent Disclosure (Part 1)

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By Robert A. Barrer   inadvertent adjective: in·ad·ver·tent \-tənt\ Merriam-Webster definition: not intended or planned   The word “inadvertent” conjures in most lawyers a distressing feeling that they have done something wrong and that the...

06_Media_Devices

Masking Tapes: An Analysis of the Law of Secret Recording in New York

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By John B. Harris Recording telephone and in-person conversations, which once required advance planning and special equipment, is now both simple and widely available on a range of portable devices. Many lawyers recognize that tapes can be invaluable to a...

11_Court_EthicsOp

Recent N.Y. Ethics Opinions: March 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in November and December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new...

03_LawBks

How to Lose Your Legal Fee, Part 1: Excessive Fees

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By Ronald C. Minkoff For the most part, lawyers in New York are free to set their own fees. Except for particular areas where specific court or ethics rules govern—most notably, personal injury and medical malpractice—lawyers have wide latitude in setting...

04_Boardroom

Playing Nicely with Others: Cross-Border Fee Sharing with Firms That Play by Different Rules

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By Nicole I. Hyland and Tyler Maulsby As multijurisdictional practice continues to expand, lawyers in different states regularly work together on a litigation or transaction. For example, a New York lawyer handling a complex securities lawsuit may find it...