From the category archives:

Ethics

TweetDisabled individuals hoping to attend law school are not given a fair chance to prove they have what it takes, according to the Department of Justice. The agency has joined a class-action disability discrimination lawsuit against Law School Admission Council (LSAC), which administers the law school entrance exam. Under the Title III of the American […]

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TweetIt sounds like a simple question but it actually isn’t. When law firms fail, trustees are tasked with recouping money for creditors and one source of assets is the unfinished legal work of former partners which they then take with them to their new firms. A new federal court ruling out of New York challenges […]

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TweetJohn Berry, a Kentucky attorney, recently prevailed in a lawsuit which challenged his right to exercise his First Amendment right to free speech.  Berry had criticized the Kentucky Legislative Ethics Commission investigation into the alleged fundraising violations by a state senator.  Specifically, Berry attended a LEC meeting that eventually went into an executive session.  Berry and […]

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TweetRecently a New Jersey District Court sentenced an attorney to the longest prison sentence for insider trading-twelve years in a case entitled U.S. v. Bauer, 11-cr-858, U.S. District Court, District of New Jersey, Newark. The attorney in question is Matthew Kluger. Kluger grew up in a world of relative privilege-he is the son of Richard […]

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TweetRecently, the Court of Appeals issued a controversial decision in which it held that an at-will employee cannot sustain a claim for wrongful termination.  The Court based its decision on the controlling case Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983) which held that absent a violation of a constitutional requirement, statute or […]

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TweetA recent disciplinary proceeding initiated by the Grievance Committee for the Tenth Judicial District of New York offers a cautionary tale about attorneys who leave essential work to a non-attorney and fail to supervise the non-attorney’s work.  In a case entitled Matter of Thomas F. Cusack III, an attorney and counselor-at-law, D35005 (N.Y App. Div. 2nd […]

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TweetAttorney, Lawrence Spivak, was recently reprimanded by the Second Circuit for defaulting or otherwise failing to comply with the court’s scheduling orders in ten cases, causing the dismissal of all ten cases.  The Second Circuit adopted the recommendations of the Grievance Committee that Spivak be publicly reprimanded and required to submit to periodic status reports.  If […]

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TweetA suspended Long Island attorney is challenging what he claims is the New York Appellate Division, Second Department’s draconian enforcement of disciplinary rules governing attorney escrow accounts.  Attorney Peter Galasso of Garden City, Long Island was suspended by the Second Department for what the court termed was his failure to appropriately oversee his firm’s bank […]

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TweetThe Second Circuit recently concluded that parts of a New York rule requiring attorneys who claim to specialize in a certain field make certain disclosure statements are unconstitutional, violating the First Amendment. Michael Hayes, a Buffalo-based personal injury attorney, had claimed that Rule 7.4 of the New York Rules of Professional Conduct did not contain […]

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TweetOn March 16, a New Jersey jury sent a strong message to potential bullies when it convicted Rutgers University student Dharun Ravi on several criminal charges related to secret recordings he made of his gay roommate’s sexual encounters. Ravi later used social media and text messages to invite other students to watch the videos. After […]

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