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Areas of Interest
September 14th, 2015
Proposed Rule May Perhaps Propose a Momentary Admission
The New York state court system has proposed a new rule authorizing out-of-state and foreign attorneys to practice in New York temporarily, the state’s Office of Court Administration has announced. The proposed rule change — which was successfully opposed for more than a decade by lawyers worried about losing business to neighboring states — would bring New York in line with a national consensus regarding interstate and international law practice: forty-five other states have already adopted a similar rule. Stephen Gillers, a legal ethics professor at NYU Law School, characterized the state’s longstanding reluctance to open its courts to out-of-staters as a case of “misguided economic protectionism.” “New York’s failure to adopt a temporary practice rule has not only been bewildering and a great disappointment, it also reveals a failure to recognize that today lawyers routinely cross state lines,” Gillers wrote in an email. New York’s proposed rule is based on a model rule passed by the American Bar Association in 2002. In the decade after the ABA rule was passed, New York was one of only a handful of states that declined to follow the ABA’s lead. Gillers added that New York’s reticence prompted a rule in Connecticut barring New York lawyers from temporary practice, since New York doesn’t afford the same benefit to Connecticut lawyers. Ronald Minkoff, a Manhattan litigator who sits on the State Bar’s Committee on Standards of Attorney Conduct, the group primarily responsible for pushing the rule change through, said the new rule modernizes law practice in New York. “We’re in the 21st century here,” he said. “People are regularly going to depositions, meetings, et cetera, across state lines. We need to get with the program.” Another reason for the rule, Minkoff suggested, is that large numbers of lawyers were already practicing across state lines, in violation of the state’s ban. “I would characterize the rule against unauthorized practice of law as ‘honored in the breach,’” Minkoff said, channeling Shakespeare. In a 2012 report co-authored by Minkoff, the State Bar explained that “temporary practice in New York is already commonly thought to be permitted under case law construing the existing statutes.” A new rule authorizing temporary practice, the report suggested, would “clarify rather than contradict current understandings.” Asked whether the battle over the rule was a fight between lawyers at large law firms in New York City, who regularly do business with out-of-state and international clients, and smaller firms and solo practitioners outside the city, Gillers brushed aside the notion.
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Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
