Kanner & Pintaluga’s Post

The New York City Bar’s Committee on Professional Responsibility recommendation to amend Rule 5.4’s prohibition on fee sharing with nonlawyers can be summed up with three words: trust the lawyers. The Committee’s recommendation is a common sense approach to litigation finance that protects clients, recognizes that litigation finance is no different than other forms of financing law firms use everyday, and trusts lawyers to follow their ethical obligations. Thanks to Bloomberg Law’s Emily Siegel for highlighting the Committee’s recommendation, which is available in full here: https://lnkd.in/ejvMdCGx   A few key takeaways:   (1)    Presupposing that litigation finance will unduly influence a lawyer’s professional ethics more than any other financial arrangement with a nonlawyer is “an exercise in paternalism.” As the committee concludes, “there is no reason to treat funders secured by fees in individual cases any differently from other financiers of law firms.” (2)    Just as lawyers are trusted to self-regulate in other matters of professional responsibility, they should be trusted to abide by their professional obligations when entering into a financing arrangement with a litigation finance firm. (3)    Clients have a right to know about any such financial arrangement that may relate to their case and inquire about those arrangements. This helps avoid potential conflicts. 

#BusinessLawToday | ABA President Mary Smith discusses her formation of the Task Force for American Democracy and lawyers’ unique duty to take action on threats to the rule of law. Read: https://ow.ly/109A50QiNl5 #BusinessOfLaw #BusinessLaw American Bar Association

#BusinessLawToday | The Supreme Court decision in Loper Bright Enterprises v. Raimondo marks a tectonic shift in administrative law in the United States, with immediate impact. Read: https://ow.ly/UUl650T2fUe Michael Blumenthal Douglas Charnas James "Jim" Sandy David Waxman McGlinchey Stafford #BusinessLaw #BusinessLitigation #DisputeResolution #BusinessRegulation #RegulatedIndustries

The Nebraska Law Review is publishing my new article, "The Unsettled State of Corporate General Personal Jurisdiction." Here is a link to it: https://lnkd.in/gG2xwCBv.

The McKell Institute’s ‘A Model for the Nation: Four Years of Victoria’s Section 33ZDA’ Report was presented earlier this month at the 2024 Corporate Conduct and Class Actions Symposium.    The paper by Max Douglass analyses the operation of Victoria’s Section 33ZDA—which allows for law firms to charge class action clients by reference to a proportion of their final settlement—and finds it has made Victoria the most attractive jurisdiction in the country for class actions, brought down litigation funding rates, and resulted in better outcomes for class members.     You can read the report in full here: https://lnkd.in/gNbQgUXG Coverage in The Australian: https://lnkd.in/g9Y_YUbP

The Lex - Law Notes EQUITABLE DOCTRINE OF LACHES Discuss the equitable doctrine of laches, examine its role in limiting legal actions due to unreasonable delays, and explore its application in various legal contexts. https://lnkd.in/eRSQWzAD #law #lawnotes #notes #lawstudent

The Lex - Law Notes EQUITABLE DOCTRINE OF LACHES Discuss the equitable doctrine of laches, examine its role in limiting legal actions due to unreasonable delays, and explore its application in various legal contexts. https://lnkd.in/eRSQWzAD #law #lawnotes #notes #lawstudent

Is New York’s Commercial Division Right for My Case? Read this article by Kevin V. Small, Joe Saltarelli, and Charlotte L. published in New York Law Journal. This series of #CommercialLitigation articles will explain the fundamentals of Commercial Division practice. Part I addresses the key advantages of the Commercial Division and how to commence a case there. https://ow.ly/W3PQ50RbkGb #insurancelaw

Dina Hudson, Senior Consultant (Disputes & Investigations), was recently featured in Law360 with an article exploring how corporate apologies are perceived across various courtroom cases and the public relations challenges that accompany them. "Publicly, apologies are often perceived as admissions of guilt, regardless of the legal protections offered. This perception can significantly impact an organization's reputation and influence the proceedings of a case, as stakeholders and the public may view an apology through a lens of culpability." To read the full piece, visit: https://lnkd.in/eZVgUf2m

The U.S. Chamber of Commerce Institute for Legal Reform has drafted a blog outlining to international audiences how the ITV series, "Mr Bates vs the Post Office", has propelled third party litigation funding (TPLF) into the spotlight, demonstrating the urgent need for policymakers to establish safeguards against problematic litigation funding practices.   The series revealed that litigation funders and lawyers took a disproportionate share of the settlement award —80%, leaving the affected sub-postmasters with just 20% — roughly just £20,000 per victim.   As a result, the UK Government has stepped in to provide adequate compensation to the affected sub-postmasters at the cost of UK tax payers, who are now stakeholders in addressing the fallout from the unjust accusations as a result of the award disproportionately going to litigation funders rather than the victims.  https://lnkd.in/gSxHC7vz