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March 10, 2023 | The Legal Intelligencer

The Rules of Contact: Client Employees and Former Employees, and Represented and Unrepresented Others

Rule 3.4 (Fairness to Opposing Party and Counsel) looks at the issues from the viewpoint of what is acceptable conduct by you in limiting access of an opposing party and their counsel to otherwise relevant information. Rule 4.2 flips the perspective to address how far a lawyer may go in communicating with a represented party. Let's walk through the various possibilities.
8 minute read
March 07, 2023 | New York Law Journal

Hey ChatGPT, Will AI Deliver a 15-Hour Work Week?

Ioana Good discusses several issues to consider regarding both the positives and negatives of AI.
5 minute read
February 23, 2023 | The American Lawyer

Stinson, After Revenue and Profit Dip, Still Seeking Expansion Opportunities

The Midwest firm has considered "a number" of merger opportunities, while Miami and Tampa are potential expansion targets.
4 minute read
February 23, 2023 | The American Lawyer

Law Firms Boost Fixed and Contingency Fees Amid Uncertain Economy

Several law firm leaders said they're getting more revenue from alternative fee arrangements or ramping up their ability to put them together.
5 minute read
February 21, 2023 | New York Law Journal

The Impact of Administrative Law on Criminal Sentencing

The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.
11 minute read
February 09, 2023 | The Legal Intelligencer

Honesty in Negotiations? Do the Ethics Rules Require or Expect it?

The apparent tension between truthfulness in dealing with others and the back-and-forth way that negotiations between humans have occurred across time and cultures is not directly addressed by the letter of any of the Model Rules, but is dealt with in a comment to Rule 4.1 Truthfulness in Statements to Others.
6 minute read
January 11, 2023 | The Legal Intelligencer

What to Do When Your Witness Tells a Different Story Under Oath

If you conclude that you "know" that your client's testimony in the deposition is false and material, what reasonable remedial measures must you undertake?
5 minute read
December 09, 2022 | The Legal Intelligencer

Does Including a Consultant in Litigation Team Communications Waive Privilege or Work Product Protection?

Ordinarily, the inclusion of a third party in otherwise privileged conversations between lawyer and client waives any attorney-client privilege. There are two circumstances recognized in a number of jurisdictions that establish exceptions to this general rule in limited cases.
4 minute read
November 16, 2022 | New York Law Journal

Transacting in the Metaverse, But Getting Paid in Reality: Legal Considerations for Companies Establishing Payments Infrastructure

The metaverse is a new frontier in the digital space that is still being molded into form. What considerations should a company be aware of when determining whether they should enter the metaverse to establish a virtual store and sell or license 'merchandise' or services in a virtual reality world?
8 minute read
November 07, 2022 | The American Lawyer

Deal Watch: Cravath, Davis Polk, S&C and Simpson Among Firms Making Hay in Banner Week

Law firms advised on 10 deals over $1 billion, four of which were over $10 billion, in one of the biggest deal value weeks of 2022.
10 minute read

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