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Comments Off on Keeping the Privilege: A Primer on the “Stock” Decision
By Tyler Maulsby This past July (2016), the First Department became the first appeals court in New York to recognize the “intra-firm privilege,” holding that certain communications between a lawyer and his or her firm’s General Counsel are protected by...
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Comments Off on Why the “Stock” Decision Is Wrong — And Why It Is Right
By Ronald C. Minkoff Like so many New York lawyers, I was happy when the First Department decided Stock v. Schnader Harrison, Segal & Lewis, LLP, 35 N.Y.S.3d 31 (1st Dept. 2016 (Stock). Indeed, I was probably happier: The First Department’s decision,...
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Comments Off on N.Y. Court of Appeals Narrowly Interprets Common Interest Exception to Attorney-Client Privilege
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...
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Comments Off on “Gucci v. Guess?” Invokes Judge Wyzanski’s Classic Opinion on Privilege
By Roy Simon [Originally published in NYPRR February 2011] By now, most readers of NYPRR probably know that late last June (2010), in a hard-fought trademark infringement case captioned Gucci America, Inc. v. Guess?, Inc., 2010 WL 2720079 (S.D.N.Y....
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Comments Off on Attorney-Client Privilege & Third-Party Consultants: An Update
By Roy Simon [Originally published in NYPRR February 2010] More than six years ago, in July 2003, I published an article in NYPRR entitled The Attorney-Client Privilege and Public Relations Firms. The article reviewed a number of cases addressing...
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Comments Off on In-House Ethics Consultations and the Attorney-Client Privilege: Case Law
By Roy Simon [Originally published in NYPRR January 2009] Virtually every large law firm has an in-house ethics advisor or General Counsel, a lawyer in the firm who is well versed in the rules of ethics as well as the various state and federal statutes...
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Comments Off on Personal Representatives: Waiving Attorney-Client Privilege After Death
By Roy Simon [Originally published in NYPRR February 2003] You were the lawyer for a client who is now deceased. Litigation involving the client’s estate has begun and your testimony about your communications with the decedent would be highly...
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Comments Off on Should Lawyers Serve as Corporate Directors?
By Ronald C. Minkoff [Originally published in NYPRR June 2002] In the wake of revelations about the cozy relationship between Enron and its regular outside counsel, Vinson & Elkins, corporate lawyers should already know to be cautious about getting...
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Comments Off on Identifying Client in Closely-Held Business
By Mary C. Daly [Originally published in NYPRR October 2000] Representing closely-held and family businesses is a vital part of many lawyers’ practices. These businesses frequently purchase legal services in a wide array of transactional and...
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Comments Off on Who Owns Privilege After Merger?
By Stephen Gillers [Originally published in NYPRR July 2000] [Editor’s note: This is Part II of a two-part article.] In last month’s NYPRR (June 2000), we identified several lawyer regulatory issues of particular concern to corporate and...
