Tuesday, July 26, 2011

New York Attorney General Motion To Dismiss re Jacoby & Meyers Lawsuit

I have previously tweeted on the subject of Alternative Litigation Financing ("ALF"). ALF is the term used to describe the growing trend of third party funding of litigation (from support of traditional personal injury claims to complex intellectual property litigation) http://twitter.com/#!/slpardau/status/81461904354193408.

In what is another fascinating development relating to this trend, in May of this year, the law firm of Jacoby & Meyers firm filed suit in New York challenging Rule 5.4 of the New York Rules of Professional Conduct which prohibits fee sharing agreements with non-lawyers. The suit is based on a variety of theories including the First Amendment and dormant Commerce Clause. The post here is of the New York Attorney General's recent Motion to Dismiss in the case. http://www.nylj.com/nylawyer/adgifs/decisions/072611judgesmemo.pdf.

There are a lot of interesting developments, including the deregulation of the legal services market in the United Kingdom, which beginning this Fall. It seems plausible that ,much like the deregulation of the financial services markets in the U.K.,  these developments will influence what takes place in the United States.


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