American Bar Association (ABA)

News & Analysis as of

ABA Clarifies Referral Fees Between Lawyers in Formal Ethics Opinion 474

On April 21, 2016, the American Bar Association ("ABA") Standing Committee on Ethics and Professional Responsibility released Formal Opinion 474, addressing referral fees under Model Rule 1.5(e) and the impact of conflicts of...more

Thoughts on Connecticut’s Congressional Delegation, Despite Inaction by Congress

Last week, as part of my work with the American Bar Association, I had the opportunity to meet with all of Connecticut’s Representatives and Senators in Washington, D.C. Most were available in person, while I met with senior...more

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

Professional Responsibility Abroad: Your Rules Follow You

A California litigation attorney recently asked me if he could represent his American friend living in France. French law can be divided into two main categories, droit privé (private law) and droit public (public law). The...more

Diversity Matters

A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented. It may be a long slow journey to create more representative panels...more

Are Pins, Posts, Tweets and Likes Appropriate for Use in Selecting Jurors?

When you hear the name of someone you can’t place or don’t know much about, what do you do? Chances are, you “Google” them. Well that is what attorneys are doing to learn more about prospective jurors too! But they are not...more

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Employers Face New Reporting Requirements after DOL Issues Final Persuader Rule

On March 23, 2016, the Department of Labor (“DOL”) finalized its long anticipated “persuader” rule, which requires that employers and legal consultants report pay arrangements regarding any attempts to persuade employees,...more

DOL Publishes Final Rule Requiring Employers to Disclose Persuader Agreements

For many years, employers have been able to lawfully avoid certain reporting requirements under the Labor Management and Reporting Disclosure Act which compels the disclosure of agreements with outside...more

Fighting Over Fixed Fees

You have probably seen the Avvo commercials by now: the quick little scenes linked to humorous search terms typed onto the middle of the screen. The little public intoxication dog is adorable and has helped grab a lot of...more

Report from the ABA OSHA Conference

We are attending the ABA Occupational Safety and Health Law Meeting this week in Santa Barbara, California. This morning a hot topic is developments in OSHA’s enforcement programs and initiatives, including the “enforcement...more

Attorney impairment is on the rise; here's how to fight back

Attorneys work long hours under intense pressure. Because stress levels are high, attorneys often look for ways to blow off steam, leading to a "work hard, play hard" motto for those in the practice of law. When months of...more

Greetings from the ABA OSHA Midwinter Meetings

I prefer meeting with business leaders and safety professionals more than spending time with fellow attorneys. I enjoy my profession but 35 years ago my dad challenged me to “be a business person who is also a lawyer,” so I...more

ABA's Summary of 2015 FMLA Cases an Outstanding Resource for Employers, Attorneys

This is one of the most exciting days of the FMLA year for me. Literally, one of those “The phone books are here!” days. Why? Every mid-February or so, the American Bar Association’s Federal Labor Standards...more

Proposed Changes to Model Rule 8.4 (or Something Like Them) May Already Be in Effect in Your Jurisdiction

The ABA Standing Committee on Ethics and Professional Responsibility has recently proposed amending the ABA Model Rules of Professional Conduct to add to Rule 8.4 a prohibition against harassment or discrimination based on...more

New York City Bar Addresses Local Counsel Ethics and Risk Management Issues

Recent years have seen a number of civil damage actions in which attorneys who thought they were serving only as local counsel in a matter have been sued for alleged failures to provide representation beyond what local...more

Brief Updates on Capital Formation and Related Matters

At today’s meeting of the American Bar Association’s Federal Regulation of Securities Committee meeting in Washington, DC, various representatives from the Securities and Exchange Commission provided some comments and...more

Comments on the USPTO's Subject Matter Eligibility Guidance -- The ABA

On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("July Update"). The update provided recommendations and resources for examiners in addition to those in the Office's...more

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 15 of 24): Coding Form 1095-C, Part II for...

As we noted in a previous post, the recently issued final 2015 Instructions for Forms 1094-C and 1095-C changed certain of the rules relating to the reporting for offers of COBRA coverage where the COBRA qualifying event...more

D.C. Adopts Screening of Laterals, But Adds Delayed or No Notice Exception

The District of Columbia Court of Appeals, in Order No. M-242-12 of Oct. 8, has adopted amendments to RPC 1.10 that will allow firms who hire lateral lawyers to screen those lawyers in order to prevent imputation of their...more

What Were We Reading? (October 9, 2015)

8 Must Have Legal Apps for Lawyers: There’s an app for that! Find out which apps you should download today....more

Making a Good Thing Better? NAD’s Plans to Modify Its Procedures

The National Advertising Division (NAD) has for more than 40 years been the premier avenue for self-regulation in the advertising industry. Born in the ’70s at a time when there was pressure from government and consumer...more

ASRC Announces Changes to NAD and NARB Procedures Following Working Group Recommendations

The Advertising Self-Regulatory Council board has announced changes to the adjudicatory processes of the National Advertising Division and the National Advertising Review Board. The changes, announced at the NAD's annual...more

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

Senators Call on IRS to Finalize Management Fee Waiver Regulations

Yesterday, Senators Franken, Warren, Baldwin and Whitehouse sent Treasury Secretary Lew a letter regarding management fee waiver arrangements. What is a management fee waiver arrangement? It is where a fund manager...more

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