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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
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
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
