I discuss a recent ABA Formal Ethics Opinion, and other authorities, that address the titular topic, in my latest ethics column for The Bencher, the national publication of The American Inns of Court, which I have been for publishing for the last 25 years.
Selected Articles by Francis
Chancery Explains Distinction Between Attorney/Client Privilege and Confidentiality Duty in Rule of Professional Conduct 1.6
By Francis Pileggi on
The Court of Chancery recently explained in the case styled In Re Harris FRC Corporation Merger and Appraisal Litigation, No. 2019-0736-JTL (Del. Ch. Feb. 19, 2024), the difference between the attorney/client privilege and a lawyer’s duty of confidentiality under Rule of Professional Conduct 1.6.
The titular topic was the subject of my latest…
ABA Book Chapter on Key Advancement Cases from 2023
By Francis Pileggi on
Posted in Selected Articles by Francis
Key Delaware decisions on advancement under DGCL Section 145 for directors and officers were highlighted in a just-published book chapter in an ABA publication that I co-authored with 5 of my colleagues in the Delaware office of Lewis Brisbois. This is the 8th year that I have highlighted key advancement cases for a book chapter…
Litigation Misconduct Warrants Fee Shifting
By Francis Pileggi on
Posted in Selected Articles by Francis
For my latest ethics column, now in its 25th year, for the national publication of the American Inns of Court called The Bencher, in the January/February 2024 edition, I highlight a decision of the Delaware Court of Chancery that addressed litigation misconduct in a summary proceeding under Section 220 of the Delaware General Corporation…
Do Legal Ethics Rules Provide Guidance for Responding to False Accusations?
By Francis Pileggi on
Posted in Selected Articles by Francis
My latest column on legal ethics for the flagship publication of the American Inns of Court, The Bencher, addresses the titular topic. During the more than 25 years that I have penned the legal ethics column, this topic may be among the most challenging. That is, do the rules of legal ethics provide any…
Prosecutorial (Lack of) Discretion
By Francis Pileggi on
Posted in Selected Articles by Francis
I have written an ethics column over the last quarter of a century for the flagship publication of the American Inns of Court. About 7 years ago I wrote about prosecutorial discretion, and the lack thereof, in connection with a California travesty of a prosecution. I thought it was useful to “dust it off”.
Criteria for Judicial Recusal
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Posted in Selected Articles by Francis
This short overview provides the basic criteria to be considered when an issue is presented about judicial recusal…
Continue Reading Criteria for Judicial Recusal
Third Circuit Upholds Refusal to Disqualify Law Firm Under Legal Ethics Rules 1.9 and 1.10
By Francis Pileggi on
Posted in Selected Articles by Francis
In my latest ethics column for The Bencher, the publication of the American Inns of Court, I highlighted a decision of the U.S. Court of Appeals for the Third Circuit which upheld the refusal to disqualify a law firm based on legal ethics rules 1.9 and 1.10.
In sum, those rules codify the fundamental…
The Standard for Individual Contempt for Corporate Actions
By Francis Pileggi on
The Delaware Supreme Court recently addressed the standard to determine when an individual may be held in contempt for the violation of a court order by a company that person controls. I provided an overview of the decision for my latest article for the current issue of The Bencher, the flagship publication of the…
Delaware Supreme Court Clarifies Pro Hac Vice Standards
By Francis Pileggi on
Posted in Selected Articles by Francis
My latest ethics column for the publication of the American Inns of Court, The Bencher, appears in the current edition regarding the titular topic, and is reprinted on these pages with the courtesy of the publisher. (I have been writing the ethics column for more than 20 years for The Bencher.)
Delaware Supreme…