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Areas of Interest
January 28th, 2022
John B. Harris quoted in The Hill on January 6 Selection Committee Subpoena
Ethics & Professional Responsibility Litigation Partner John B. Harris was quoted in the article, “Jan. 6 Panel's Subpoena furthers Complications for Rudy Giuliani, DOJ” published by The Hill. The article discusses the January 6 Selection Committee’s subpoena of Giuliani and other lawyers who pushed the Trump agenda by denying the election results of Joe Biden’s win. John discussed the types of claims Mr. Giuliani might assert to avoid the subpoena – including attorney-client privilege.
“Stripping aside all of the other issues and all of the concerns that the committee has, the idea that there was actually legal advice that was being rendered here or that these discussions could have been privileged, I think that that is colorable depending on a lot of other facts,” said Harris, adding that “[a] memo about what the Vice President’s rights, duties and obligations are with respect to certification — that sounds to me like a kind of classic legal research and that you could absolutely give it to your client and not necessarily believe that you were committing a crime or fraud. It’s a legal issue that somebody like the president could have been entitled to know.”
John pointed out that with an attorney-client privilege claim, “You never know what sort of sympathetic ear you’re going to get if you’re challenging a subpoena so you probably spin the wheel and see what happens. . . .He could get an amenable judge.”
John concluded: “So I assume that’s going to be how they approach this — that ‘We didn’t know and we don’t know that this was an illegal thing. We thought that this was a perfectly appropriate use of our legal skills.’ And how that flies eventually, who knows, but it’s going to take a long time to resolve.”
Read the article here. (Behind paywall)
Other Quoted
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. (Behind paywall) View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025
The Television Academy’s Second Annual AI Summit Pushed Calm—and Concern
IndieWire quotes Andrew Folks who spoke on a panel of legal experts at the Television Academy’s AI Summit at the Saban Media Center in North Hollywood. The speakers addressed AI's impact on the industry and talent. Mr. Folks stated that privacy and copyright laws “are grappling” to address AI. He explained regulatory actions, and the application of copyright law. He also discussed litigation, including how OpenAI and Google in a government proposal argued that fair use protections apply to all copyrighted material used for AI purposes. The article noted, "over 400 A-List Hollywood power players condemned such an action." View Article
March 21 2025
