Barry R Temkin

February 25, 2002 | New York Law Journal

A variable annuity is a hybrid investment product, which combines some of the features of a life insurance contact with some of the benefits of a mutual fund. Variable annuities are big business, and growing by leaps and bounds. In 1999, sales of variable annuities totaled billion dollars, up 21 percent from the previous year. 1 This represents an increase of over billion dollars in sales over the last decade, a nearly tenfold increase. 2

By Barry R. Temkin

10 minute read

July 08, 2009 | New York Law Journal

Barry R. Temkin, counsel to Mound Cotton Wollan & Greengrass and an adjunct professor at Fordham University School of Law, writes: The Rules of Professional Conduct instruct lawyers to exercise independent judgment on behalf of clients - especially when someone else is paying the legal fees. Lawyers must be vigilant in ascertaining potential and actual conflicts between clients and insurance carriers, which arise in a variety of situations. A case that presents both covered and uncovered claims often represents a conflict for defense counsel.

By Barry R. Temkin

11 minute read

June 16, 2008 | New York Law Journal

Barry R. Temkin, a member of the Board of Arbitrators of FINRA and senior counsel to the Law Offices of Edward Garfinkel, and James D. Yellen, a member of the Board of Arbitrators of FINRA and a principal in Yellen Arbitration and Mediation Services, write that the primary criticism of the new FINRA structure has been the simple observation that two choices (NYSE or NASD) were better than one, and that such a choice no longer exists. Apart from that sentiment, it appears that the new FINRA model is more uniform and is working.

By Barry R. Temkin and James D. Yellen

10 minute read

August 08, 2006 | New York Law Journal

Barry R. Temkin, senior counsel to Fiedelman Garfinkel & Lesman and an adjunct professor of law at New York Law School, writes that businesses routinely rely upon the advice of their insurance brokers. When a supposedly insured loss occurs, the policyholder is often dismayed to learn that the insurance carrier has denied coverage based upon a previously unread exclusion buried somewhere in the fine print. The angry policyholder seeks your advice. Can you blame your client's insurance broker?

By Barry R. Temkin

11 minute read

February 24, 2009 | New York Law Journal

Barry R. Temkin, an adjunct professor at Fordham University School of Law and New York Law School, examines the new Rule of Professional Conduct 3.3, which obligates a lawyer to take reasonable measures to remedy a client's known past perjury, including, if necessary, disclosure of confidential information to a tribunal. However, the lawyer should respect the client's confidentiality rights by disclosing no more than is necessary to correct the fraud on the court.

By Barry R. Temkin

8 minute read

July 30, 2002 | New York Law Journal

Under what circumstances may an attorney ethically pay or receive a referral fee under the Code of Professional Responsibility? Moreover, is the penalty for non-compliance a disciplinary proceeding, an action for legal malpractice, forfeiture of the fee, or some combination of the above?

By Barry R. Temkin

11 minute read

October 13, 2009 | New York Law Journal

Barry R. Temkin, counsel to Mound Cotton Wollan & Greengrass and an adjunct professor at Fordham University School of Law and New York Law School, writes: While the use of undercover investigators employed by federal and state prosecutors is clearly constitutional, there is little ethical guidance for the lawyers who supervise these present-day Donnie Brascos. Moreover, if prosecutors may ethically employ lying investigators, what about defense lawyers and civil practitioners?

By Barry R. Temkin

11 minute read

May 27, 2010 | New York Law Journal

Barry R. Temkin, counsel to Mound Cotton Wollan & Greengrass, writes: Assessment of a registrant's supervisory duties is highly fact-specific. At a minimum, a member firm must have an adequate written supervisory policy which it should convey to its employees and agents. Moreover, the registrant must diligently ensure compliance with its written supervisory procedures.

By Barry R. Temkin

11 minute read

December 31, 2009 | New York Law Journal

Barry R. Temkin, counsel to Mound Cotton Wollan & Greengrass, writes that most lawyers are already aware of the proscription on representing conflicting interests and the ban on conflicts with the lawyer's own personal interest. These broad principles of the Rules of Professional Conduct do not answer the dilemma: If your partner represents Minicorp, may you ethically represent a prospective new client with a suit against Megacorp, even though Minicorp is a wholly-owned subsidiary of Megacorp?

By Barry R. Temkin

10 minute read

March 14, 2005 | New York Law Journal

Barry R. Temkin, a senior trial attorney at Fiedelman, Garfinkel & Lesman, writes that, although most settlement negotiations take place in the absence of judicial supervision, an attorney is still bound by the requirement of DR 7-102 to refrain from making false statements of law or fact.

By Barry R. Temkin

10 minute read