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Unauthorized Practice of Law Appeals

Downey Brand LLP

Trustees May Not Need Lawyers to Seek Instructions from California Courts, But the Do-It-Yourself Approach Remains Hazardous

Downey Brand LLP on

While California trustees hope for smooth sailing, they must navigate waters that can be choppy depending on the assets, trust instruments and personalities involved. As fiduciaries, trustees must honor the trustors’ intent...more

Smith Anderson

Federal Court Upholds Rules Prohibiting the Practice of Law by Corporations – Rejecting Attempt by Trade Association to Represent...

Smith Anderson on

On April 19, the U.S. Court of Appeals for the Fourth Circuit rejected a trade association’s constitutional challenge to the North Carolina rules that prevent corporations from providing legal advice. North Carolina’s...more

Foley & Lardner LLP

Wisconsin’s Court of Appeals Holds That a Nonlawyer Personal Representative May Not Initiate an Appeal

Foley & Lardner LLP on

It is not exactly a novel proposition of law in Wisconsin that a nonlawyer cannot represent a separate legal entity (as opposed to appearing pro se) in a Wisconsin court. The Wisconsin Supreme Court considered this issue over...more

Farrell Fritz, P.C.

A Reminder for Non-Resident Attorneys Seeking to Practice in New York: Be Sure to Comply with Judiciary Law § 470!

Farrell Fritz, P.C. on

This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court proceeding absent making a motion for admission pro hac vice? To answer this slightly ambiguously...more

Jones Day

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

Jones Day on

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

Hinshaw & Culbertson LLP

What Century Are We Living In? – The Second Circuit Seems To Think It's the Nineteenth

The United States Court of Appeals for the Second Circuit recently held that members of the New York bar residing out-of-state can be constitutionally required to have a physical office within the state, reversing the U.S....more

Locke Lord LLP

Third Circuit Applies Constructive Knowledge Standard And Finds Waiver Of Arbitration Panel Challenge

Locke Lord LLP on

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive knowledge of the arbitrator’s insufficient disclosure. The court held that a...more

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