0 results for 'Hinshaw Culbertson'
Fees Still Possible in Absence of Retainer Letter, N.Y. Appellate Panel Says
An attorney who violates New York's official Codes, Rules and Regulations by failing to obtain a written retainer agreement or letter of engagement from a client in a nonmatrimonial case can still recover fees, a state appeals court held last week in a ruling of first impression. Justice Mark C. Dillon, writing for the Appellate Division, 2nd Department panel, said that a strict rule prohibiting counsel fees due to noncompliance with the rule "could create unfair windfalls for clients."Video Game Industry Moves to Lift State Bans
The video game industry is on another legal mission to overturn new state laws that ban the sale or rental of violent games to minors. Over the past two years, federal courts have ruled against such bans, finding that they violate free speech rights. Now, some state and federal legislators are seeking new restrictions. But the video game industry believes it will prevail again.Panel Rejects Report, Suspends Attorney
A former senior attorney for the New York Fire Department who visited his cousin in a psychiatric unit in order to complete the paperwork needed to purchase the cousin's house has been suspended from practicing law for five years. In barring David Clinton, the Appellate Division, Second Department, took the unusual step of rejecting a special referee's report, which had found that Mr. Clinton had not violated any ethics rules.Disbarred for Seven Years? Try 14 Years, Instead
A New York lawyer who thought he was eligible for reinstatement after being disbarred for seven years has been told he must wait another seven. The attorney was not actually disbarred in 1997, because he failed to notify authorities that he had been convicted of racketeering. He finally lost his license this year as he was about to apply for reinstatement. The Appellate Division, 1st Department last week refused to backdate the disbarment to the time of the conviction.Examining Lateral Movements and Liability
The recent settlement of the Brobeck case by Clifford Chance shows how important it is for law firms to establish hiring guidelines, as well as requirements that lateral hires behave in a manner consistent with their fiduciary duties to the firms that they are proposing to leave. Subject to those constraints, says attorney Anthony E. Davis, the principle that lawyers are free to move laterally without financial or other restraints appears to be alive and well.Patient's Claim Rejected in Fen-Phen Suit
A Wisconsin jury has reached a defense verdict in favor of a physician who prescribed the diet drug combination fen-phen to a woman who developed serious heart valve problems as a result. According to attorneys involved, it is the only case in the United States against a physician for prescribing fen-phen that has come to a verdict.Creating a Culture of Compliance
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