C Evan Stewart

December 26, 2018 | New York Law Journal

Three times the U.S. Supreme Court has held that there is no aider and abettor liability for secondary actors.The Securities and Exchange Commission has never really taken “no” for an answer, however, and has continually tried to work a way around it. The Commission is at it again, this time in 'Lorenzo v. S.E.C.', discussed here.

By C. Evan Stewart

11 minute read

May 09, 2017 | New York Law Journal

C. Evan Stewart writes: Since 2003, I have been predicting a test case/showdown between lawyers who follow the dictates of the states in which they are licensed to practice law versus the conflicting dictates of the rules and regulations promulgated by the SEC after the Sarbanes-Oxley Act of 2002 went into effect. And while I thought I knew how such a test case/showdown would (should) end up, a recent judicial development has shaken my certitude (but only a little, because—as we will see—the ruling is wrong).

By C. Evan Stewart

30 minute read

September 21, 2015 | New York Law Journal

C. Evan Stewart of Cohen & Gresser writes: Well aware of the conflict between its rules and regulations and the ethical rules of several states, the SEC has taken the view that there is federal pre-emption of conflicting states' ethics rules. So, will the SEC's position prevail if and when tested? Two recent court decisions would seem to point to the answer.

By C. Evan Stewart

8 minute read

September 18, 2015 | New York Law Journal

C. Evan Stewart of Cohen & Gresser writes: Well aware of the conflict between its rules and regulations and the ethical rules of several states, the SEC has taken the view that there is federal pre-emption of conflicting states' ethics rules. So, will the SEC's position prevail if and when tested? Two recent court decisions would seem to point to the answer.

By C. Evan Stewart

8 minute read

April 07, 2015 | New York Law Journal

C. Evan Stewart writes: While judges often make rulings on the attorney-client privilege and work product doctrine that are wide of the mark, every so often they get one spot-on. Happily, the First Department (per Judge Karla Moskowitz), recently did just that in reversing a trial court order that held that documents relating to a merger were not protected by the "common interest" privilege.

By C. Evan Stewart

9 minute read

April 06, 2015 | New York Law Journal

C. Evan Stewart writes: While judges often make rulings on the attorney-client privilege and work product doctrine that are wide of the mark, every so often they get one spot-on. Happily, the First Department (per Judge Karla Moskowitz), recently did just that in reversing a trial court order that held that documents relating to a merger were not protected by the "common interest" privilege.

By C. Evan Stewart

9 minute read

October 20, 2014 | New York Law Journal

C. Evan Stewart writes: For almost 25 years, I have been writing about the eroding status of the attorney-client privilege. Practitioners, legal academics, and judges seem either not to understand the privilege, or believe that the purposes it serves are overstated or not important. One recent case—which purports to strengthen the privilege—further documents this disheartening state of affairs.

By C. Evan Stewart

16 minute read

March 14, 2014 | New York Law Journal

C. Evan Stewart, a senior partner at Cohen & Gresser, writes: Because of the whistleblower provisions of federal statutes such as Dodd-Frank, recent case law, and various articles written on this subject, there has been a fair amount of disinformation as to whether lawyers are free to rat on their clients and then also profit thereby.

By C. Evan Stewart

13 minute read

December 17, 1999 | Law.com

Corporate in-house attorneys and general counsels often wear different hats. In so doing, they may be exposed to situations that raise issues of professional responsibility and legal ethics unique to corporate counsel. This article reviews case law and recent events involving the ethics and personal liability of corporate attorneys, and identifies five "guideposts" of accountability for the corporate lawyer.

By C. Evan Stewart

1 minute read

November 28, 2011 | National Law Journal

From a traditional antitrust analysis, it would be hard to see how the government can lose this one in court.

By C. Evan Stewart

8 minute read