Today, I gave a CLE presentation at the New York City Bar Association about the ethics of lawyers using social media. This is the PowerPoint presentation for the program…more
I will be speaking about prudent social media practices for lawyers at a New York City Bar CLE program on January 29, 2013. As an ethics lawyer and active user of Facebook, LinkedIn, and Twitter, I have both a professional and…more
Formal Op. 2012-186 of the California...
In December 2012, the California State Bar issued this ethics opinion addressing whether social media postings by an attorney violated rules governing attorney advertising or solicitation…more
As lawyers, we must frequently weigh our duties to our clients against our duties to courts and third parties, including adversaries. One way this tension presents itself is when a client comes into possession of confidential…more
Lately, there has been a proliferation of claims against lawyers and law firms beyond the traditional legal malpractice claims brought by clients. Although lawyers generally owe no fiduciary duty to third parties, they may find…more
An October 3, 2012 ethics opinion from the New Jersey Committee on Unauthorized Practice of Law provides useful guidance to out-of-state lawyers on the scope of multijurisdictional or cross-border practice under Rule 5.5(b)(3)…more
The Illinois Supreme Court has held that the subject matter waiver applies only to disclosures made during litigation to gain a tactical advantage. The subject matter waiver doctrine creates an exception to the attorney-client…more
In two recent but unrelated disciplinary actions, the lawyers’ good intentions did not insulate them from suspension or disbarment. Both lawyers shared confidential information learned from clients – arguably from a desire to…more
The Second Circuit has revived Jacoby & Meyers’s lawsuit challenging the constitutionality of Rule 5.4 of the NY Rules of Professional Conduct, which prohibits non-lawyer ownership of law firms. The district court had dismissed…more
The Second Circuit affirmed dismissal of photographer Janine Gordon’s copyright infringement claims against photographer Ryan McGinley and several other defendants who allegedly displayed McGinley’s work on the ground that they…more
Gordon v. McGinley, et al. (2d Cir....
The Second Circuit affirmed dismissal of copyright claims by photographer Janine Gordon against Ryan McGinley and several art galleries who displayed and sold his works, including my client Ratio 3 Gallery. Based on the…more
On Sunday July 22, 2012 Penn State University removed the famed bronze statue of Joe Paterno, which was located outside its football stadium, one day before the NCAA announced a slate of severe sanctions against the university…more
In March 2012, I moderated a panel at the Practicing Law Institute on legal ethics for government lawyers. The panel addressed some of the unique ethical challenges that government lawyers face, including how to identify who…more
In 2011, I moderated an ethics panel at the CMJ Music Festival addressing conflicts of interest for entertainment lawyers.
This is the hypothetical I prepared for the program…more
In 2011, I moderated an ethics panel at the CMJ Festival discussing conflicts of interest for entertainment lawyers.
This is the hypothetical I used for the program…more
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