January 04, 2010 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, analyzes the implications of the troubling privilege issues that confronted a lawyer in Brooklyn when he found that he owed conflicting duties to two clients in unrelated matters in connection with the same item of privileged information, and two new decisions dealing with whether the attorney-client privilege is lost when clients use their employers' technology to send e-mails to their lawyers.
By Anthony E. Davis
10 minute read
September 02, 2008 | New York Law Journal
New Insights on Partnership Law and Disciplinary ProceedingsAnthony E. Davis, a partner of Hinshaw & Culbertson, reviews two cases from the past term that are of particular significance to ethics practitioners. The first concerned claims for profits and counterclaims for alleged breaches of duty arising from the withdrawal of a partner from a law firm; the second involved whether the Dead Man's Statute applies in an attorney disciplinary proceeding.
By Anthony E. Davis
8 minute read
March 08, 2011 | Legaltech News
Can Departing Lawyers Take the Data and Run?The portability of digital information presents challenges to the old ethical order. After traversing the ethics of mining social networks, attorney Anthony E. Davis addresses the problem of who "owns" digitally stored information -- clients, individual lawyers, or law firms -- especially the problems that arise when lawyers make lateral moves between firms.
By Anthony E. Davis
11 minute read
May 01, 2006 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson LLP, examines a recent case that affirms the long reach of the New York Code of Professional Responsibility into lawyers' everyday practice. The case involves the application of the code in restricting the freedom of law firms to terminate "at will" employees.
By Anthony E. Davis
12 minute read
January 06, 2005 | Law.com
Examining Lateral Movements and LiabilityThe 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.
By Anthony E. Davis
11 minute read
November 05, 2004 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, writes that the rules governing the lateral movement of lawyers have all seemed so simple since Graubard v. Moskowitz. That case established with some precision the scope of the fiduciary duties of a lawyer contemplating a change of firms prior to the lawyer's announcement of his or her intention to move.
By Anthony E. Davis
12 minute read
July 05, 2011 | New York Law Journal
Fixed Fees, Suing Clients, Tardiness Due to TechnologyIn his Professional Responsibility feature, Hinshaw & Culbertson partner Anthony E. Davis discusses the implications of two recent decisions addressing different ways in which ethical rules and lawyers' often pressing need to generate fees intersect, and also explores a case that exploits the problems that can arise when lawyers rely too heavily on technology.
By Anthony E. Davis
10 minute read
March 07, 2005 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, writes that technology is both a boon and a bane for lawyers. It provides us with all manner of tools for making our practices more efficient, but it also creates hazards which, if unrecognized, can cause serious harm to clients.
By Anthony E. Davis
11 minute read
July 11, 2005 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson LLP, writes that the U.S. Court of Appeals for the Second Circuit has rejected a per se rule that would impute conflicts of interest between all "of counsel" attorneys and their firms. Instead, the court adopted a very practical approach in which the imputation of conflicts of interest depends on the closeness of the particular affiliation and the extent to which the "of counsel" lawyer and the firm share client confidences.
By Anthony E. Davis
14 minute read
October 01, 2010 | The American Lawyer
New Age, Old RulesAn outdated regulatory framework puts U.S. firms at a competitive disadvantage on the global stage.
By Anthony E. Davis
11 minute read