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Ellen C Brotman

Ellen C Brotman

November 13, 2007 | National Law Journal

Duty of Confidentiality Is Broader Than Scope of Attorney-Client Privilege

Lawyers' need for complete information is at the root of their duty of confidentiality and the attorney-client privilege that protects it. The confidential nature of the attorney-client relationship and the protection of the privilege are key components of their ability to protect clients. But can lawyers violate their duty of confidentiality to protect their own interests? Montgomery McCracken attorneys Ellen Brotman and Michael Hayes say that question was presented in a recent patent infringement case.

By Ellen C. Brotman and Michael B. Hayes

7 minute read

April 06, 2010 | The Legal Intelligencer

Where Are We Now?

Two years ago, back in March 2008, we wrote in The Legal about the Superior Court's then-recent decision concerning the scope of the attorney-client privilege in Nationwide Mutual Insurance Co. v. Fleming and Nationwide's subsequent appeal to the Pennsylvania Supreme Court.

By Ellen C. Brotman and Michael Hayes

9 minute read

January 08, 2010 | The Legal Intelligencer

When the Company Pays the Fees: N.J. Puts Some 'Meat on the Bones'

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By Ellen C. Brotman and Michael B. Hayes

7 minute read

November 13, 2007 | National Law Journal

Duty of Confidentiality Is Broader Than Scope of Attorney-Client Privilege

Lawyers' need for complete information is at the root of their duty of confidentiality and the attorney-client privilege that protects it. The confidential nature of the attorney-client relationship and the protection of the privilege are key components of their ability to protect clients. But can lawyers violate their duty of confidentiality to protect their own interests? Montgomery McCracken attorneys Ellen Brotman and Michael Hayes say that question was presented in a recent patent infringement case.

By Ellen C. Brotman and Michael B. Hayes

7 minute read

February 05, 2010 | The Legal Intelligencer

Just in Time for Valentine's Day, a Love Letter to the Law

The Christmas tree is mulched, the latkes have been eaten and the holidays are behind us. (Sigh of relief!) But now it's February, and a lawyer's fancy turns to ... love?

By Ellen C. Brotman and Michael B. Hayes

7 minute read

July 02, 2010 | The Legal Intelligencer

With Liberty and Justice for All

As lawyers, we know that we have a duty to zealously represent our clients within the bounds of the law. As our thoughts turn to the American ideals of liberty and freedom that we celebrate on the Fourth of July, we want to discuss a new threat to the ability of one particular group of lawyers to fulfill that duty.

By Ellen C. Brotman and Michael B. Hayes

7 minute read

November 13, 2007 | Law.com

Duty of Confidentiality Is Broader Than Scope of Attorney-Client Privilege

Lawyers' need for complete information is at the root of their duty of confidentiality and the attorney-client privilege that protects it. The confidential nature of the attorney-client relationship and the protection of the privilege are key components of their ability to protect clients. But can lawyers violate their duty of confidentiality to protect their own interests? Montgomery McCracken attorneys Ellen Brotman and Michael Hayes say that question was presented in a recent patent infringement case.

By Ellen C. Brotman and Michael B. Hayes

7 minute read

September 03, 2010 | The Legal Intelligencer

3rd Circuit Tests No-Contact Rule Under McDade Amendment

In October 1998, Congress passed the McDade Amendment, which provides that attorneys employed by the federal government are subject to the ethical rules and responsibilities in each state where the attorney engages in his or her duties "to the same extent and in the same manner as any other attorney in the state."

By Ellen C. Brotman and Michael B. Hayes

7 minute read

December 17, 2010 | The Legal Intelligencer

Indictment Raises Questions About Proper Role of In-House Counsel

On Nov. 9, a federal grand jury in Maryland handed up an indictment charging Lauren Stevens, a retired GlaxoSmithKline (GSK) attorney and vice president, with obstruction, concealment and false statements.

By Ellen C. Brotman and Michael B. Hayes

9 minute read

October 01, 2010 | The Legal Intelligencer

Defending Yourself: How Far Can a Criminal Defense Lawyer Go?

It's October and while we miss the summer, we're enjoying the turn of the seasons. The blistering heat has abated and the Phillies' slump seems like a distant memory.

By Ellen C. Brotman and Michael B. Hayes

7 minute read