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Full-Text Articles in Law
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Fordham Urban Law Journal
This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Fordham Urban Law Journal
The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …
Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine
Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine
Fordham Urban Law Journal
This student note examines the consequences to investors who initially invest through tax shelters, and whose investments later fail, resulting in liability. The author questions policy for treating those investments in a similar manner to other securities fraud, by looking at the history and procedure of a 10b-5 private cause of action. Tax returns can be used to evaluate the liability and penalties for SEC actions and the ensuing private actions. The author concludes that because 10b-5 actions are judicially created, they must be carefully cabined and screened for reliable indications of harm to the investor. Tax returns should be …
A Case For Increased Disclosure, Deborah Abramovsky
A Case For Increased Disclosure, Deborah Abramovsky
Fordham Urban Law Journal
The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Fordham Urban Law Journal
No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …