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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
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
