As “Hamilton” rapped its way to 11 Tony Awards, we were reminded that Alexander Hamilton remarked in The Federalist Papers that a separate judiciary “will always be the least dangerous” branch of government, having “neither force nor will, but merely judgment.” As recent opinions of the Appellate Division demonstrate, mere judgment can be quite forceful as well. Below are some of the highlights from the second quarter of 2016.
First Department
Attorney-Client Privilege. In a closely watched case (certainly among law firms) of first impression in New York, the First Department held in Stock v. Schnader Harrison Segal & Lewis1 that communications between attorneys and their law firm’s in-house general counsel regarding their ethical obligations in representing a firm client are privileged.
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