Article
Source: New York Law Journal
Article
By Jay D. Dealy, The Honorable E. Leo Milonas, Andrew C. Smith,
07.15.16
As “Hamilton” rapped its way to 11 Tony Awards, we were reminded that Alexander Hamilton remarked in The Federalist Papers that a separate judiciary “will always be the least dangerous” branch of government, having “neither force nor will, but merely judgment.” As recent opinions of the Appellate Division demonstrate, mere judgment can be quite forceful as well. Below are some of the highlights from the second quarter of 2016.
First Department
Attorney-Client Privilege. In a closely watched case (certainly among law firms) of first impression in New York, the First Department held in Stock v. Schnader Harrison Segal & Lewis that communications between attorneys and their law firm’s in-house general counsel regarding their ethical obligations in representing a firm client are privileged.
Defendant law firm represented plaintiff in negotiating his employment separation. When plaintiff later tried to exercise his stock options and was informed they had expired because the separation had shortened the exercise window, plaintiff sued first his former employer and then defendant for malpractice.
Download: Appellate Division Review