November 13, 2007 | National Law Journal
Duty of Confidentiality Is Broader Than Scope of Attorney-Client PrivilegeLawyers' 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'hayes
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 PrivilegeLawyers' 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 LawThe 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 AllAs 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 PrivilegeLawyers' 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 AmendmentIn 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 CounselOn 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
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