Legal Ethics and Malpractice News
Check back regularly to stay informed of landmark decisions, relevant proceedings and risk management tips, as well as news from our office.
Federal Judge Sets Aside Magistrate’s Controversial Corporate Attorney-Client Privilege Ruling
January 11, 2011
Lawyers for the Profession® Alert
Gucci America, Inc. v. Guess?, Inc., No. 09 Civ. 4373, 2011 WL 9375 (S.D.N.Y. Jan. 3, 2011) |
New York High Court Declines to Broaden Liability of Third-Party Professionals for Client
Fraud
Kirschner v. KPMG LLP, ___ N.E.2d ___, 2010 WL 4116609 (N.Y. 2010)
Under New York law, the fraud of corporate insiders will be imputed to the corporate entity regardless of the insiders’ intent or the degree to
which the corporation benefited from the fraud. There is a limited exception to this rule when the fraud is against the corporation itself. In cases where fraud is imputed, the corporation is barred
by the doctrine of in pari delicto from shifting responsibility for the fraud to third-party agents such as law firms or accounting firms.
New York Bar Allows Online Storage of Confidential Client Information With Third Parties
November 10, 2010
Lawyers for the Profession® Alert
New York State Bar Committee on Professional Ethics, Opinion 842 (2010)
The Committee noted that changes in technology could require lawyers to reassess some of these criteria periodically. It also stated that attorneys should monitor the law relevant to online
storage systems to ensure, inter alia, that the use of certain technology does not waive an otherwise applicable privilege. This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. |