Barry R Temkin

May 09, 2024 | New York Law Journal

For the past eighty-five years, the securities industry has been regulated by the SEC and designated SROs under its supervision. But that system is changing.

By Barry R. Temkin

7 minute read

January 15, 2021 | New York Law Journal

In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential information, the California Bar Association has handed down additional guidance on the subject, which is helpful to all law firms.

By Jennifer Goldsmith, David Standish and Barry R. Temkin

9 minute read

September 24, 2019 | New York Law Journal

The new regulations require broker-dealers to eschew sales contests which encourage sales of particular products.

By Barry R. Temkin and Melissa Tarentino

9 minute read

July 02, 2018 | FC&S Insurance

The New York State Department of Financial Services has promulgated 17 new cybersecurity regulations which apply to regulated entities doing business in…

By Barry R. Temkin and Kenneth M. Labbate

9 minute read

June 28, 2018 | New York Law Journal

The new DFS rules apply to all entities under its jurisdiction, including insurance companies, insurance agents, banks, charitable foundations, consumer lenders, mortgage brokers, holding companies and premium finance agencies.

By Barry R. Temkin and Kenneth M. Labbate

9 minute read

March 15, 2018 | New York Law Journal

The Rules of Professional Conduct allocate primary decision-making about fundamental strategic issues to the client. While superseding the client's decision-making with that of the lawyer is permissible for routine tactical matters, that is not the case for fundamental decisions such as whether or not to plead guilty, whether to settle a civil case, whether to go to trial, whether to assert an insanity defense, or whether to concede guilt at trial in the hope of averting greater punishment.

By Diane Goldstein Temkin and Barry R. Temkin

9 minute read

September 07, 2017 | FC&S Insurance

Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully…

By Barry R. Temkin and Atea Martin James Yellen

9 minute read

August 22, 2017 | New York Law Journal

James Yellen, Barry R. Temkin and Atea Martin write: Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully understood by many lawyers, arbitrators and mediators. In fact, insurance information is generally not disclosable in securities arbitration, and is considered confidential information by many broker-dealers and insurance industry professionals.

By James Yellen, Barry R. Temkin and Atea Martin

17 minute read

December 14, 2016 | New York Law Journal

Barry R. Temkin, of Mound Cotton Wollan & Greengrass, provides insights on the new New York Department of Financial Services cybersecurity regulations that become effective Jan. 1, 2017, particularly for lawyers who represent insurance companies, banks, insurance agents and other financial institutions in New York. The new DFS cybersecurity regulations require covered entities, including insurance companies, mortgage brokers, insurance agents and banks, to appoint a chief information security officer and to develop a comprehensive cybersecurity program in order to prevent hacking and other data breaches. In addition, the new DFS regulations will require the filing of an annual cybersecurity report, which must explain the state of the company's compliance with the new regulations, identify any soft spots or potential areas for improvement, and be signed and certified by the company's board chair or CEO.

By Barry R. Temkin

24 minute read

March 16, 2012 | New York Law Journal

Barry R. Temkin, a partner at Mound Cotton Wollan & Greengrass and a member of the FINRA Board of Arbitrators, and Robert Usinger, a claims manager for Everest National Insurance Company, write that several states have held that an out-of-state lawyer who appears at an arbitration in the forum state is engaged in the unauthorized practice of law.

By Barry R. Temkin and Robert Usinger

7 minute read