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Showing 3 posts from December 2015.

Conflicts in Law Firm Vereins: the Novel Conflicts Issue of the Moment

As globalization continues to drive law firm mergers and the creation of ever larger, multinational law firms, a number of such firms have employed the structure of a Swiss verein. In a verein, separate law firm entities in various countries combine into one firm for marketing, branding, referral, and administrative purposes, but the entities within a verein do not share profits at the verein level. There are now six very large law firm vereins operating in the United States. We likely will see more in the future. More ›

Bye-Bye Boilerplate Objections

So many practitioners respond to discovery demands by asserting objections and then respond ‘subject to’ or ‘without waiving’ their objections. This "belt and suspenders" approach is common practice and seemingly appropriate, right? Many federal courts disagree. In fact, conditional objections may result in waiver, the unwanted production of documents, or sanctions. More ›

Is it Time to Reconsider Restrictions on Responding to Negative Online Reviews?

A recent disciplinary decision from Colorado suspending an attorney for 18 months for "internet postings that publicly shamed [a divorcing] couple by disclosing highly sensitive and confidential information gleaned from attorney-client discussions" (among several other violations of Colorado's Rules of Professional Conduct (RPCs)) demonstrates that however provoked and angry a lawyer may feel about clients or former clients, using the Internet to vent those feelings is a very bad idea. In People v. James C. Underhill Jr., (2015 WL 4944102), decided Aug. 12, 2015, the Presiding Disciplinary Judge in Colorado suspended attorney AttorneyU for 18 months, and also required that, in order to be reinstated, "[Attorney U] will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law." More ›