areas of expertise
Nicole Hyland is a partner in the Litigation Group and Professional Responsibility Group at Frankfurt Kurnit. Her practice focuses primarily on legal ethics, professional responsibility, and legal malpractice.
Ms. Hyland counsels attorneys and law firms on conflicts of interest, legal fee disputes, escrow issues, disqualification motions, multijurisdictional law practice, business transactions with clients, lateral transitions, law firm formation and break-ups, advertising and social media use, and other professional responsibility issues. Ms. Hyland also represents defendants and plaintiffs in legal malpractice and breach of fiduciary duty disputes.
In addition to her legal ethics and professional responsibility practice, Ms. Hyland has an active litigation practice, focusing on art, literature, and entertainment industry disputes. She handles copyright, trademark, right of publicity, and defamation claims, as well as disputes over financing, production, distribution, and talent agreements. She counsels art, literature, and entertainment industry clients on content issues, including copyright, trademark, right of publicity, television formatting rights, privacy, defamation, and fair use.
Ms. Hyland serves on the New York State Bar Association’s Committee on Standards for Attorney Conduct (COSAC), which is responsible for drafting and proposing amendments to the New York Rules of Professional Conduct. Since 2008, she has been a member of the Association of Professional Responsibility lawyers (APRL), a national organization of ethics and professional responsibility lawyers and she is co-chair of the Professional Ethics Committee of the New York Women’s Bar Association.
Ms. Hyland is the immediate past Chair of the Committee on Professional Ethics of the New York City Bar Association, which provides guidance to New York state lawyers on a wide range of ethical issues, issues formal and informal written opinions, and operates the Ethics Hotline, a free resource for all New York state attorneys.
Ms. Hyland writes and lectures frequently on legal ethics and professional responsibility issues. She recently joined Professor Roy Simon as a co-author on his seminal treatise: Simon’s New York Rules of Professional Conduct Annotated (2015, 2016, 2017 ed.). Ms. Hyland is admitted to practice in New York.
awards & recognition
2014 - 2019 New York-area Super Lawyer in Professional Liability
2015 Corporate LiveWire Global Award in Professional Negligence – New York, USA.
2013 New York-area "Rising Star" by Super Lawyers magazine
Columbia University (BA, 1990)
Fordham University School of Law (JD, Cum Laude, Order of the Coif, honors, 2002)
- Notes and Articles Editor on the Fordham Law Review
Upcoming Speaking Engagements
Past Speaking Engagements
Practicing Law in a Pandemic: Remote Lawyering in the Age of COVID-19 PART II
The legal industry has dramatically changed as a result of the COVID-19 pandemic. More and more law firms across the country (and the world) are instructing attorneys and staff to work from home. For many, this is a significant change from what daily practice used to look like and lawyers are being asked to quickly adapt. But as we move to remote work platforms, the risk of mishandling confidential information and violating important duties to clients increases. How do you manage the risks to you, your firm and your client while also keeping up with the latest rules and opinions? Also, if you are tasked with managing your firm through this crisis, what immediate and long term steps should you be taking? Join us online for Part II of our Practicing Law in a Pandemic series. Read more.
March 31 2020
Practicing Law in a Pandemic: Remote Lawyering in the Age of COVID-19
Join us online as two of New York’s leading ethics lawyers team up with an accomplished privacy law practitioner to spot the issues and suggest solutions for both private lawyers and in-house counsel who are adapting to working from home. You’ll receive valuable tips to share with your legal colleagues, IT and other staff—to reduce the risks as you navigate this uncertain time. Read more.
March 27 2020
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit
Frankfurt Kurnit hosts its Second Annual Litigation Ethics Summit -- a complimentary CLE for corporate counsel, law firm general counsel, partners with responsibility for law firm compliance and risk management, and other lawyers with interest in professional responsibility issues. Read more.
October 24 2019
PLI’s Environmental Regulation 2019
Nicole Hyland presents on legal ethics during the Practising Law Institute's "Environmental Regulation 2019: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance" program in New York. More information here.
September 27 2019
7th Annual VGBA Summit on Game Law & Business
Nicole Hyland presents “Don’t Try This at Home: The Questionable Ethics of Better Call Saul” during the Video Game Bar Association Summit at UCLA School of Law.
May 20 2019
Avoiding Ethical Pitfalls in a Complicated Business Environment
Nicole Hyland speaks on “Avoiding Ethical Pitfalls in a Complicated Business Environment” during a panel discussion at Cardozo School of Law.
February 27 2019
New York State Bar Association Annual Meeting 2019
Ronald C. Minkoff and Nicole Hyland present “The Wheel of Fortune: Hot Topics in Ethics for Entertainment Lawyers” for the Entertainment, Arts and Sports Law Section of the New York State Bar Association. More information here.
January 15 2019
Frankfurt Kurnit’s Litigation Ethics Summit
Nicole Hyland moderates “Hot Topics in Litigation Ethics” during our second annual Litigation Ethics Summit.
October 25 2018
Success and Ethics on the Internet Today
Nicole Hyland is a panelist during the program “Success and Ethics on the Internet Today” at the New York County Lawyers Association of New York.
October 4 2018
The Ethics of Law Firm Collaboration
Nicole Hyland presents “The Ethics of Law Firm Collaboration” for a CLE program sponsored by New York Women’s Bar Association’s Solo and Small Firm Committee and Women Owned Law. June 6 2019. More information here.
June 6 2018
ABA National Conference on Professional Responsibility
May 31 2018
VGBA Summit 2018
May 14 2018
9th Annual Bay Area General Counsel Roundtable
Nicole Hyland presents “Role of the General Counsel in Managing Succession Planning” during the Firm General Counsel Roundtable meeting in Palo Alto California.
May 8 2018
Lights! Camera! Ethics! Why Your Favorite Movie Lawyers May Need an Ethics Lawyer
April 26 2018
PLI’s TechLaw Institute 2018: The Digital Evolution
March 28 2018
Ethical Pitfalls and Pratfalls in Corporate Representations
Nicole Hyland is on the panel "Ethical Pitfalls and Pratfalls in Corporate Representations: Conflicts, Waivers, and Common Interest and Joint Defense Agreements" at Cardozo School of Law. More information can be found here.
February 8 2018
Nicole Hyland at APRL Mid-Year Meeting
Nicole Hyland moderates "Making Ends Meet in the New Economy" at the Association of Professional Responsibility Lawyers mid-year meeting in Vancouver, BC.
February 1 2018
Litigation Affinity Group Launch Event
November 16 2017
NYSBA: Elder Law and Special Needs Section
October 27 2017
State Bar of Texas: Annual Meeting 2017
Nicole Hyland presents "Lawyers in Pop Culture: The Ethics of ‘Better Call Saul’" for the State Bar of Texas' Annual Meeting.
June 22 2017
NYCLA: Law Firm Website Compliance
Nicole Hyland is part of a NYCLA panel where she speaks on law firm website ethics rules compliance.
April 20 2017
26th Annual Entertainment Law Institute
Nicole Hyland presents the CLE program "Don’t Try This at Home: The Questionable Ethics of Better Call Saul” in Austin Texas.
November 4 2016
Texas Bar CLE: Entertainment Law Institute
Nicole Hyland presents "Don't Try This At Home: The Questionable Ethics of Better Call Saul" for the Texas Bar CLE's Entertainment Law Institute.
November 3 2016
The Ethics of Enforcing Your Copyright
Nicole Hyland moderates The Copyright Society of the USA's panel, "The Ethics of Enforcing Your Copyright" at the Princeton Club.
October 14 2016
MLRC Conference 2016
Nicole Hyland presents a social media ethics panel on "Lawyer blogs: lawyering or advertising?" at the MLRC Conference in Reston, Virginia.
September 23 2016
2016 International Legal Ethics Conference
Nicole Hyland speaks on a panel called, "Good TV, Bad Ethics: Legal Ethics in Contemporary Popular Culture." Program venue: Fordham University School of Law (July 16).
July 14 2016
Ethics for Corporate Counsel 101: A New Paradigm
Nicole Hyland speaks on "Ethics for Corporate Counsel 101: A New Paradigm” at Georgetown Law Center in DC, hosted by the International Association of Defense Counsel and the Georgetown Law Center.
June 16 2016
42nd National Conference on Professional Responsibility
Nicole Hyland moderates a panel on the "The Ethics of Advising Clients on Social Media" and Ron Minkoff speaks on the panel "Ethics Issues Regarding Client-Requested Retainer Provisions" at the National Conference on Professional Responsibility for the American Bar Association in Philadelphia.
June 3 2016
Fordham 2016 Bridge the Gap
Nicole Hyland presents "Don’t Try This at Home: the Ethics of Better Call Saul" at Fordham's Bridge the Gap program.
May 14 2016
Don’t Try This at Home: The Questionable Ethics of Better Call Saul
Nicole Hyland presents the CLE "Don’t Try This at Home: The Questionable Ethics of Better Call Saul" for the NYWBA.
April 20 2016
APRL’s 7th International Professional Responsibility Conference
Nicole Hyland and Ron Minkoff speak at the 7th International Professional Responsibility Conference for the Association of Professional Responsibility Lawyers (APRL) on "Ethics and Risk Implications of Cloud Computing and Data Privacy" and "Legal Malpractice in International Business Transactions." The event takes place in Paris.
April 13 2016
Current Issues in Corporate Representation: Protecting the Attorney-Client Relationship
Nicole Hyland speaks on "Current Issues in Corporate Representation: Protecting the Attorney-Client Relationship" for a Fordham Law School Ethics CLE.
February 19 2016
Don’t Try This at Home: the Questionable Ethics of “Better Call Saul”
Nicole Hyland uses the hit TV show ‘Better Call Saul’ as a jumping off point to discuss a range of challenging ethical issues. Based on her popular Tumblr blog “The Legal Ethics of Better Call Saul.” Program Venue: Marquette University Law School, Milwaukee, Wisconsin
October 30 2015
Twitter is What Birds Do
Nicole Hyland presents 'Twitter is What Birds Do: Social Media Issues for Lawyers' for the Aon Law Firm Symposium in Phoenix.
October 15 2015
The 2015 Ethics Game Show
Nicole Hyland speaks at a CLE Program entitled "Ethics Game Show," a quiz-show style program where audience members guess the tricky answers to ethical questions. Program venue: Practising Law Institute, 1177 Avenue of the Americas, New York.
July 27 2015
Twitter: Best Practices & Attorney Advertising Ethics
Nicole Hyland hosts "Twitter: Best Practices & Attorney Advertising Ethics," a New York Women's Bar Association presentation, as part of an ongoing series on social media marketing for lawyers, at 6PM. Program venue: Frankfurt Kurnit, Boardroom.
June 11 2015
LinkedIn: Best Practices & Attorney Advertising Ethics
Nicole Hyland hosts "LinkedIn: Best Practices & Attorney Advertising Ethics," a New York Women's Bar Association presentation as part of an ongoing series on social media marketing for lawyers. Read more.
May 12 2015
Conflicts of Interest: Managing Conflicts and Avoiding the Dreaded Disqualification Motion
April 22 2015
Current Ethical Issues in Corporate Representation
Nicole Hyland speaks on a panel hosted by Cardozo Law School and Fordham University School of Law. The program covers: Attorney-Client Privilege in the Corporate Context, Ethical Obligations Upon Receiving Inadvertently Sent Documents, Playbook Conflicts, and Offering Legal Representation to Corporate Employees. Program venue: Cardozo Law School, Moot Court Room.
February 10 2015
Fordham Bridge the Gap Program 2015
Nicole Hyland presents two CLE programs about litigation/advocacy ethics and law practice ethics at Fordham's "Bridge the Gap" program.
January 24 2015
Writing and Publishing to Further Your Career
Nicole Hyland speaks on a panel hosted by the NYC Bar Association's Committee on Career Advancement and Management. The program explores how lawyers can use writing and publishing to enhance their professional profiles and develop business. Program venue: NYCBA building at 42 West 44th Street in New York.
January 14 2015
Staying out of Trouble: What Every Attorney Must Know About Ethics 2014
Nicole Hyland speaks on a panel about important developments in the New York ethics rules, including conflicts of interest, confidentiality, advertising and the no-contact rule. Program venue: Practising Law Institute, 1177 Avenue of the Americas, New York.
December 15 2014
E-discovery at Outten & Golden
December 9 2014
Entertainment Business Law Seminar
Edward Rosenthal and Nicole Hyland speak on litigation strategies and attorney ethics in the entertainment industry at the Entertainment Business Law Seminar in association with the CMJ Music Marathon.
October 24 2014
Ethics for Advertising Lawyers
Nicole Hyland speaks at a CLE Program about the unique ethical issues that confront advertising lawyers, both in-house and outside counsel. Program venue: Frankfurt Kurnit
October 17 2014
What Lawyers Need to Know About Social Media and Advertising
Nicole Hyland speaks on a panel about social media, advertising, and legal ethics. Program venue: The annual meeting of WBASNY in Galloway, New Jersey.
June 9 2014
“Ethics in the Electronic Age” at the New York City Bar Association
Nicole Hyland speaks at a CLE program hosted by the New York City Bar Association entitled "Ethics in the Electronic Age. Be careful when using that smart phone, tablet, blog or social network." Program venue: NYCBA building at 42 West 44th Street in New York.
June 2 2014
Breaking Bad in the Digital Age: Ethical Concerns in Lawyers’ Use of Emerging Technology
Nicole Hyland speaks at a CLE program entitled "Breaking Bad in the Digital Age: Ethical Concerns in Lawyers’ Use of Emerging Technology." Program Venue: 40th ABA National Conference on Professional Responsibility in Long Beach, California
May 29 2014
The Intra-Firm Attorney-Client Privilege and Duties Upon Receiving Privileged Documents
Nicole Hyland speaks on a panel about recent developments concerning the recognition of the atorney-client privilege between law firm in-house counsel and the lawyers they advise, as well as the ethical issues that arise when lawyers receive stolen documents. Program venue: IADC Professional Liability Roundable in Chicago, Illinois.
May 8 2014
Lawyer Complaints and Complaining Lawyers: Navigating the World of Attorney Discipline
Nicole Hyland moderates an ethics panel about New York’s disciplinary system, offering a range of different viewpoints, including prosecutor, respondents’ counsel and judge, for the annual Meeting of the New York Women’s Bar Association. Program Venue: Frankfurt Kurnit.
April 24 2014
Privacy and Your Practice: How to Keep your Information Safe and Secure
Nicole Hyland speaks on an ethics panel about the ethical implications of using the cloud, social media, and other technological developments. Program Venue: CUNY School of Law, Long Island City, New York.
April 17 2014
“The Intra-Firm Attorney Client Privilege,” at the Bi-Annual Meeting of the APRL
Nicole Hyland speaks on a panel about recent developments concerning the intra-firm attorney-client privilege. Program venue: APRL bi-annual meeting in Las Vegas, Nevada.
March 28 2014
Selected Ethics Issues in IP Rights Enforcement and Defense
Nicole Hyland speaks at a CLE program entitled "Selected Ethics Issues in IP Rights Enforcement and Defense". Program venue: Practising Law Institute, 1177 Avenue of the Americas New York.
January 31 2014
Social Lawyers: Avoiding the Ethical Pitfalls of Using Social Media
Nicole Hyland speaks at a CLE program about Ethics and Social Media for the New York State Bar Association’s Committee on Leadership Development, as part of the NYSBA 2014 Annual Meeting. Program venue: Watchell, Lipton 51 West 52nd Street in New York.
January 28 2014
Nicole Hyland at the New York City Bar Association
Nicole Hyland speaks at a CLE program on Ethics and Social Media hosted by the New York City Bar Association. Program venue: NYCBA building at 42 West 44th Street in New York.
January 14 2014
Fordham Law School Bridge-the-Gap Program 2014
Nicole Hyland presents two ethics programs on conflicts of interest and social media ethics at Fordham Law School's 2014 Bridge-the-Gap program. Program venue: Fordham University School of Law.
January 11 2014
Ethics Issues for the Open Source Practitioner
Nicole Hyland speaks "Ethics Issues for the Open Source Practitioner", a CLE program at PLI's New York Conference Center.
November 13 2013
Other People’s Money: Client Funds and Escrow Accounts
Nicole Hyland moderates an ethics panel regarding the ethical implications of handling client funds, including opening and managing escrow accounts, the IOLA program, and the New York Lawyers' Fund for Client Protection.
September 26 2013
Ethics & Conflicts: How to Handle Client Conflicts 2013
Nicole Hyland speaks at CLE program on how to handle client conflicts hosted by the Practising Law Institute. Program Venue: PLI's New York Conference Center.
August 13 2013
The Legal Ethics of Blogging, Social Networking & List Servs
Nicole Hyland speaks on a panel hosted by the Association of Professional Responsibility Lawyers in San Francisco, California about the legal ethics of blogging, social networking, and List Serv.
August 9 2013
Social Media Traps to Avoid for Lawyers
Nicole Hyland presents an ethics CLE on "Social Media Traps to Avoid for Lawyers" at Frankfurt Kurnit.
July 30 2013
Avoiding Ethical Pitfalls in a Criminal Law Practice
Nicole Hyland moderates, "Avoiding Ethical Pitfalls in a Criminal Law Practice," an event co-sponsored by the Ethics and Criminal Law Committees of the New York Women’s Bar Association.
June 18 2013
New York City Bar Association’s Legal Referral Service
Nicole Hyland moderates a CLE program on Marketing and Social Media for the City Bar.
May 28 2013
Hot Topics in Legal Ethics
Nicole Hyland speaks at a CLE program hosted by Fordham Law School.
May 20 2013
Conflicts Panel for New York Women’s Bar Association
Nicole Hyland moderates "Duties, Duties, Duties: What to do When Your Duties to Your Client Conflict With Your Duties to the Court or Third Parties", a CLE Program at Frankfurt Kurnit.
April 23 2013
The Ethics Game Show: Matrimonial and Family Law Edition 2013
Nicole Hyland speaks at "The Ethics Game Show: Matrimonial and Family Law Edition 2013", aCLE program at the PLI's New York Conference Center.
March 28 2013
Ethics for Business and Transactional Lawyers
Nicole Hyland speaks at a CLE program hosted by the NY State Bar Association at the Concierge Conference Center, New York City.
March 18 2013
Ethical Billing Practices and Retainer Agreements
Nicole Hyland and Frankfurt Kurnit host a CLE program on "Ethical Billing Practices and Retainer Agreements".
February 12 2013
‘Outlaw’ or ‘Artlaw’: Advertising in the Digital Age
Nicole Hyland speaks on a panel at the Association of Professional Responsibility Lawyers (APRL) on "'Outlaw' or 'Artlaw': Advertising in the Digital Age" in Dallas, TX.
February 8 2013
IP Enforcement and Litigation 2013: Criminal and Civil Update
Nicole Hyland speaks at a CLE program on IP Enforcement and Litigation at PLI’s New York Conference Center.
February 1 2013
Ethical Dangers of Lawyers Using Technology & Social Media
January 29 2013
Staying Out of Trouble: What Every Attorney Must Know About Ethics 2012
December 17 2012
Ethics Game Show
Nicole Hyland speaks at,"Ethics Game Show", an event hosted by the New York Women's Bar Association.
December 6 2012
Attorney Escrow Accounts
Nicole Hyland speaks on "Attorney Escrow Accounts", a panel at the NYC Bar Bridge the Gap Program.
December 5 2012
NYC Bar Bridge the Gap Program
Nicole Hyland speaks at the NYC Bar Bridge the Gap Program on a panel regarding Attorney Escrow accounts.
December 5 2012
Emerging Ethical Risks for Attorneys
Nicole Hyland speaks at "Emerging Ethical Risks for Attorneys", an event sponsored by the HB Litigation Conference in New York City.
July 25 2012
Ethics Game Show
Nicole Hyland speaks at the "Ethics Game Show", a presentation at the NY City Bar Association.
June 27 2012
Ethics for Government Lawyers Panel
Nicole Hyland chairs "Ethics for Government Lawyers" at a PLI conference in New York.
March 9 2012
Ethical Issues Confronted During Litigation
October 26 2011
New York State Bar Association
June 22 2011
My First Ethical Dilemma: A Program for Law Students
Nicole Hyland presents "My First Ethical Dilemma: A Program for Law Students" at the New York City Bar.
April 20 2011
MLRC Media Law Conference 2016
Nicole Hyland presents a social media ethics panel at the MLRC Media Law Conference in Reston, Virginia.
news & press
A Primer On New York’s COVID-19 Executive Orders and What They Mean for Your Practice
This past week, New York has taken a number of steps to restrict movement in and around the State in an effort to contain the COVID-19 crisis. Governor Andrew Cuomo has issued executive orders and the chief judges of the state and federal courts have issued administrative orders that have had a sweeping impact on the legal industry as well as the business community at large. Read more.
Six Things Applicants Need to Know About NY’s Character and Fitness Process
Thirty-three Frankfurt Kurnit Attorneys Named to Super Lawyers Metro List for 2019
Super Lawyers magazine lists thirty-three Frankfurt Kurnit attorneys in its 2019 NY-area edition. Read more.
Electrical Contractor’s Ex-CEO Can’t Disqualify Company’s Lawyers in Arbitration, Appeals Court Rules
Thirty-six Frankfurt Kurnit Attorneys Named in Super Lawyers Magazine for 2018
Super Lawyers magazine lists thirty-six Frankfurt Kurnit attorneys in its 2018 edition. Read more.
California Supreme Court Holds that Conflict Invalidates Firm’s Engagement Letter But Says Firm Still May be Able to Get Paid
Last week, the California Supreme Court issued its decision in Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc., a decision which lawyers and law firms anxiously awaited for months. Read more.
Michael Cohen’s Troubles Don’t End with His Guilty Plea
Bloomberg Law quotes Nicole Hyland's book, “Simon’s New York Rules of Professional Conduct Annotated" (co-written with Roy Simon) on the question whether Mr. Cohen's statements about President Trump violate the New York Rules of Professional Conduct. View Article
Trump Attorney’s Statement That He Paid Stormy Daniels $130K Raises Ethics Questions
Boies In Ethics Quagmire Over Weinstein Spy Hire
N.Y. State Bar Ethics Committee Takes On Avvo Legal Services, Says Model Violates Ethics Rules
Recently the New York State Bar Ethics Committee issued a pair of opinions about the limitations on a lawyer's ability to take advantage of certain on-line legal marketing services. Read more.
Fox’s Napolitano Could Face Ethics Trouble Over Wiretap Claims
Non-Party Has Sufficient Interest to Disqualify Law Firm from Second Circuit Case
At the request of a non-party, the US Court of Appeals for the Second Circuit recently disqualified the law firm BakerHostetler LLP ("Baker") from representing its client Prevezon Holdings Ltd. ("Prevezon"). Read more.
Thirty-six Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-six Frankfurt Kurnit attorneys in its 2016 edition. Read more.
Gibbons Says DQ Bid In Quanta Pollution Row Is Too Late
A Law360 article about the DMJ Associates LLC v. Carl A. Capasso case (EDNY) mentioned our firm’s role as special professional responsibility counsel for Gibbons (which is counsel to Rexam Beverage Can Co.). The article quoted Nicole Hyland’s arguments supporting Gibbons’ efforts to overcome a disqualification motion. View Article
Less Exposure: New York Appeals Court Finds Privilege For Law Firm In-House Counsel
A New York appeals court gave attorneys a reason to celebrate just before the July 4th holiday weekend. Read more.
Watch What You Say: New York Court Rule Will Expose More Attorney-Client Communications
Anyone who has ever had to litigate a dispute knows how important the attorney-client privilege is. Read more.
Is Avvo’s fixed-cost service a fee-sharing violation?
Not Just a New York State of Mind: Nonresident Lawyers Must Have a Physical Office in New York
On Friday, the United States Court of Appeals for the Second Circuit struck a blow to nonresident lawyers looking to practice in New York State. Read more.
Why BigLaw May Be In Big Trouble After Data Breaches
Sheppard Mullin’s Bid To Buy Waiver Emerges In Fee Row
Gibbons Says New Ruling Ends DQ Bid In Pollution Suit
Sheppard Fee Loss Ups Ante For Consent In BigLaw Waivers
Gibbons Shouldn’t Be DQ’d From Pollution Suit, Rexam Says
We Asked an Ethics Lawyer About Defense Attorneys Who Break the Rules
Nicole Hyland was interviewed by Vice about about public defenders, attorney-client privilege, and how Law & Order has skewed Americans' opinions of the justice system in the lead up to Season 2 of 'Better Call Saul.'
Law Firms Win Big Case Arising from Representation of Clients with Competing Interests
Law firms often struggle to determine when the rules of professional conduct permit representation of clients who compete in the marketplace. When is it OK, for example, to represent clients with competing patents, trademarks, or copyrights? A recent Massachusetts Supreme Judicial Court case provides important guidance for IP lawyers -- particularly those representing clients with patents. Read more.
New York Authorizes Temporary Practice By Out-Of-State Lawyers
In a thrilling and important development, New York has promulgated a new Court Rule, 22 NYCRR § 523 ("Section 523"), that allows lawyers admitted in other jurisdictions, but not admitted in New York, to practice here under certain circumstances. Read more.
A Storm on the Horizon - When to Communicate with Clients About Destroyed Files
As hurricane Joaquin barrels towards the Northeast, New York lawyers may be reminded of the damage caused by Superstorm Sandy as well as other recent disasters. Read more.
Thirty-five Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2015 edition. Read more.
Virtually Unclear: Will Legal Tech Companies Bridge Justice Gap or Fall into UPL Abyss?
Nicole Hyland and Tyler Maulsby contributed an article to the New York Legal Ethics Reporter titled, "Virtually Unclear: Will Legal Tech Companies Bridge Justice Gap or Fall into UPL Abyss?". Read more.
Dentons Conflict Ruling Should Give Megafirms Pause
City Bar Ethics Panel Issues Opinion on Attorney Threats
To Dodge Conflicts, Make Waivers Specific
Nicole Hyland was quoted by Bloomberg BNA on the ethics of client engagement letters and the advance waiver clauses they include in the article, "To Dodge Conflicts, Make Waivers Specific". View Article
Google Hits Jenner With Own Book In Subpoena Spat
Mylan’s Kirkland Ellis Suit May Hold Clues for Conflict Waivers
Law360 quoted Nicole Hyland on what Mylan Inc. et al. v. Kirkland Ellis LLP could mean for conflict waivers. In the suit, Mylan alleged Kirkland & Ellis LLP breached fiduciary, ethical and professional duties when it agreed to represent Mylan’s rival, Teva. Read more.
The Legal Ethics and Morality of ‘Better Call Saul’
Bits or Mortar: Will New York Continue to Require Non-Resident Lawyers to Have Physical Offices?
For a variety of reasons, some New York lawyers choose to practice "virtually" - that is, they conduct their business primarily over the Internet, rather than through a physical law office. Read more.
Attorneys Are Lawyering Up in Two New Cases
Standard Of Review: The Legal Ethics (Or Lack Thereof) Of Better Call Saul
Slate TV Club Podcast
Thirty-two Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-two Frankfurt Kurnit attorneys in its 2014 edition. Read more.
Nicole Hyland’s Blog in Above the Law
NYCBA Says Retainer Fees OK if Certain Conditions Met
The New York Law Journal covered a New York City Bar opinion on non-refundable retainer fees. The City Bar’s Committee on Professional Ethics, which is chaired by Nicole Hyland, released the opinion. (Article behind a paywall) View Article
NYC Bar Warns Firms To Tread Lightly With HR Outsourcing
Law360 quoted Nicole Hyland on the ethical issues confronting law firms that use Professional Employer Organizations (PEOs) to outsource human resource and employee benefit functions. The article (which is behind a paywall) quoted Ms. Hyland saying: "Law firms are ethically permitted to use PEOs, subject to certain guidelines. The law firm must scrutinize the PEO Agreement carefully to make sure that it does not interfere with the lawyers' ethical obligations." You can read more about this ethics opinion here.
New York Court of Appeals Refuses to Apply “Unfinished Business” Doctrine to Law Firms
In a decision with far reaching implications for law firms and their clients, the New York Court of Appeals firmly rejected the application of the "unfinished business" doctrine - an important principle of partnership law - to lawyers and law firms. Read more.
5 Ways To Turn Your Social Media Addiction Into Clients
New Ethics Opinion Says New York Lawyers May Use a Virtual Law Office Address in Advertising
In the current legal and economic climate, some lawyers are using - or considering using - so-called "virtual law offices". Read more.
Service of Process to Virtual Office
The New York Law Journal published Nicole Hyland's letter to the editor regarding a recent City Bar Ethics Committee Opinion on the use of "virtual law offices" in attorney advertising. (Article behind a paywall) View Article
Panelists Identify What Lawyers Do On Social Media That Leads to Trouble
Bloomberg BNA cited "Breaking Bad in the Digital Age: Ethical Concerns in Lawyers' Use of Emerging Technology", a panel on which Nicole Hyland explored ethical concerns arising from lawyers' use of social media. Read more.
When Using Social Media, Even Legal Minds Need to Err on the Side of Caution
In-House Counsel Ethics: Practicing Law as a Square Peg
Practicing Law in the Age of Cloud Computing
New York Court of Appeals Rules on Attorney Fees Issue
Just three weeks ago, the New York Court of Appeals, in Albunio v. City of New York, issued a ruling on a question that has long bedeviled civil rights and employment lawyers - and their clients. Read more.
Law Firm Liability: Court Ruling Will Permit More Fraud Claims to Proceed
In a decision last week Melcher v. Greenberg Traurig LLP, New York's highest court, gave a big boost to plaintiffs wanting to sue lawyers for committing intentional fraud and deceit in the course of a court proceeding. Read more.
ABA Journal Podcast
Creative Arrangements with Nonlegal Businesses
Bloomberg BNA quoted Nicole Hyland on an opinion released this month by the New York City Bar's Ethics Committee regarding ethics rules for lawyers contemplating creative arrangements with nonlegal organizations.
Business Arrangements with Non-Legal Entities
In the current legal and economic climate, some lawyers are considering business arrangements with non-legal entities. A new ethics opinion by the Committee on Professional Ethics of the New York City Bar Association discusses important ethical issues raised by such business ventures. Read more.
Frankfurt Kurnit Promotes Top Ethics Lawyer to Partnership
Frankfurt Kurnit Klein & Selz, PC named Nicole Hyland partner of the firm’s Attorney Ethics and Professional Responsibility Group, effective January 1st, 2014. Read more.
Ethics Roundup for 2013: Six Developments that Affect the Way We Practice Law
Our work as professional responsibility attorneys over the past year has given us a front row seat to the most bedeviling ethical conundrums faced by lawyers. In our final Ethics Alert of 2013, we re-cap six important developments for New York-area lawyers, along with tips for staying on the right side of the line. Read more.
Are Your Pre-Merger Communications with Your Client Protected?
The purchaser in a corporate merger owns the seller's pre-merger communications with its lawyer, according to a recent Delaware decision. In Great Hill Equity Partners Iv, LP v. SIG Growth Equity Fund I, LLP, the buyer sued former shareholders of the seller alleging they fraudulently induced the buyer to enter into the transaction. Read more.
Use of “Of Counsel” Title for Lawyers in Foreign Countries
A recent New York City Bar Professional Ethics Committee opinion offers important new guidance to New York law firms on use of the "of counsel" title for lawyers who work in foreign countries. The opinion states that a New York law firm can designate as "of counsel" a New York attorney who resides and practices law overseas, provided the firm complies with three criteria. Read more.
Twenty-eight Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
Can Lawyers Advise Clients to Delete Social Media Content?
Increasingly, lawyers are faced with questions about whether they should advise clients about the use of social media. While news reports and ethics opinions have focused primarily on lawyers' social media use, the issue of client counseling has received less attention. Now, a new ethics Opinion by the New York County Lawyers Association concludes that lawyers may ethically counsel clients about their use of social media, including, in some circumstances, advising them to "take down" social media content. Read more.
Judges May ‘Friend’ Lawyers, Witnesses ABA Says
Social Media Security
The Disciplinary Board of the Supreme Court of Pennsylvania's Attorney featured Nicole Hyland's article on the "Ethics of Social Media Use" in its newsletter.
Judge Slams Photographer for Meritless Copyright Suit
NEWSgrist quoted Nicole Hyland on her recent "victory not only for artistic expression, but for the legal system as well." View Article
Data security breaches are in the news, and companies that experience them are suffering loss of consumer confidence. If your business model requires you to collect personal consumer data, you may want to hear about a recent federal case that makes it much easier for consumers to sue companies for data security breaches. Read more.
Nicole Hyland Featured in IPFrontline.com
IPFrontline.com featured Nicole Hyland's blog post on an important Australian decision on the copyrightability of newspaper headlines.