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A Quagmire Of Uncertainty
For many years, corporations and other clients have employed in-house counsel to provide legal services, either in conjunction with outside counsel or not. A more recent trend is for law firms to designate a partner or group of attorneys to serve as in-house legal counsel to the firm. One of the thornier issues for in-house counsel in both contexts centers upon the unique ethics issues that must be considered and addressed.
In that regard, most lawyers considering their ethical obligations under applicable rules of professional conduct typically aren't employees or partners of the client itself. Likewise, ethics rules and authorities, virtually invariably, address the traditional attorney-client relationship. The role of in-house corporate and law firm counsel, from an ethical perspective, has received very little reported attention.
But that doesn't mean that these issues aren't there, or that a law firm or corporation does not need to pay attention to these issues. Failure to plan ahead on ethics strategies, with the help of experienced ethics practitioners, could subject the entity to increased risk of liability. The lawyers involved likewise could be exposed both to liability risks and to potential bar counsel grievances or unauthorized practice of law (ULP) complaints. The three most troubling aspects of these issues are discussed below.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.