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Ethics for the Negotiating Lawyer 2019


Speaker(s): David Rabinowitz, J. Richard Supple, Jr.
Recorded on: Jan. 9, 2019
PLI Program #: 251223

J. Richard (Rick) Supple Jr. represents law firms and lawyers in professional ethics-related litigation, including disciplinary and legal malpractice cases, partnership and fee disputes, internal investigations, and disqualification and sanctions motions. He advises clients on regulatory compliance issues, litigation finance, lateral movement, and formation and dissolution matters.

As a former prosecutor and defense counsel, Rick regularly tries, arbitrates and mediates cases in federal and state courts, and has argued dozens of appeals. He is also frequently retained as an expert witness.

Rick is former general counsel of an AmLaw 100 law firm and was leader of that firm’s well-regarded lawyers’ professional ethics practice group. He is co-author of the leading treatise on New York attorney discipline procedure and regularly speaks on professional ethics matters nationwide.

Admissions

  • New York
  • US District Courts for the Eastern, Northern, and Southern Districts of New York
  • US Court of Appeals for the Second Circuit
  • US Supreme Court

Education

  • J.D., University of Wisconsin Law School, 1989
  • B.A., magna cum laude, Duke University, 1985

Memberships

  • New York City Bar Association
    • Professional Discipline Committee, Chair, 2010-2013
  • Practising Law Institute (PLI)
    • Faculty Member
  • Benjamin N. Cardozo School of Law
    • Adjunct Professor, 2004-2016

Experience

  • Successfully tried to verdict a law firm’s breach of oral contract claims against its former litigation counsel.
  • Successfully tried to verdict a partnership dispute arising from the dissolution of a preeminent plaintiffs’ personal injury law firm.
  • Obtained summary judgment for major law firm clients in several state and federal legal malpractice cases.
  • Successfully negotiated litigation funding agreement for multimillion dollar portfolio of nationwide tort and products liability cases.
  • Represented prominent law firm for internal investigation of alleged illegal lobbying activities relating to New York state corruption scandal.
  • Successfully argued appeal of disciplinary sanction imposed against attorney on basis of Dead Man’s statute in the New York Court of Appeals.
  • Obtained stay and then dismissal of Family Court judge’s order to show cause against lawyer for criminal contempt.

Presentations

  • "Lawyers' Professional Liability in Transformative Times," ABA National Legal Malpractice Conference, San Diego, California, September 2019
  • "Distributed Ledger Technology: Blockchain and Smart Contracts, the Implications for Law Firms," General Counsel, Compliance and Risk Forum, London, United Kingdom, May 2019
  • "Litigation Funding in Class Actions versus Arbitrations," The Litigation Funding Forum, New York, New York, April 2019
  • "Update – Litigation Finance," General Counsel Roundtables, Miami, Florida, January 2019 and Oklahoma City, Oklahoma, April 2019
  • "Cryptocurrency: Show Me the Money," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2019
  • "It's a Jungle Out There: Managing Risks in Mid-Sized Firms," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2018
  • "Winning the Arms Race in Big Civil Cases — the Upside and Downside of Litigation Finance," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2017
  • "The 'New' New York Rules on Attorney Discipline Procedure," Practicing Law Institute (PLI), New York, New York, January 2017
  • "Staying Out of Trouble 2016: The In-House Attorney-Client Privilege and Ethics and Technology Quiz Show," Practicing Law Institute (PLI), New York, New York, December 2016
  • "Playing the Away Game, How Can Non-Resident New York Lawyers Comply," New York State Bar Association, Miami, Florida, September 2016
  • "Phantom Clients and How to Exorcise Them," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2016
  • "Ethics for the Trademark Lawyer," Practising Law Institute (PLI), New York, New York, March 2015
  • "Defenses to Disqualification Motions: What Works and What Doesn't," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, February 2015

Publications

  • Co-author, "New York Attorney Discipline: Practice and Procedure," ALM Press, updated every other year


David Rabinowitz is co-head of the Litigation Department and a member of the Intellectual Property Department and Legal Ethics and Law Firm Practice Department at Moses & Singer, where he has been a partner since 1985.  He handles civil commercial cases of all kinds and in particular both litigates and advises clients on financial industry and intellectual property matters.  He is a frequent speaker on ethical issues concerning negotiations.  Mr. Rabinowitz has appeared in state and federal courts and in arbitrations throughout the United States.

Mr. Rabinowitz has lectured and participated on panels before the Bar Association of the City of New York, the American Bar Association, the Practicing Law Institute, the Institute of International Banking Law, the Copyright Society of the United States, the New Jersey Intellectual Property Law Association, the National Association of Recording Manufacturers, the Licensing International annual convention, the Professional Education Broadcast Network and the Massachusetts Software Council.  He has taught Copyright Law at Seton Hall Law School.  He is a member and former trustee of the Copyright Society of the United States.  Mr. Rabinowitz has published numerous articles which have appeared in Advertising Age, Entertainment Law Reporter, The Entertainment Publishing and the Arts Handbook, The Bulletin of the Copyright Society of the United States American Lawyer's Corporate Counsel Magazine and The Practical Lawyer.

Education

  • Columbia University School of Law, J.D., 1976, Harlan Fiske Stone Scholar, 1973-1976
  • Massachusetts Institute of Technology, S.B., 1972

Articles

  • "New York Resolves In-House Counsel Bar Admission Problem"
  • "Up Close and Professional with New York’s Engagement Letter Rules"
  • "Communications Decency Act"
  • "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • "Everything You Ever Wanted To Know About the Copyright Act Before 1909"
  • "Web Site Story 6-Breakaway Employees Beware"
  • "Web Site Story 5-Emerging Limits to Out-of-State Jurisdiction over Web Sites"
  • "Web Site Story 4-Nationwide Internet Jurisdiction is not Ended by Blue Note"
  • "Web Site Story 3-The Emerging Tort of Domain Name Infringement"
  • "Web Site Story 2-Finding Yourself Subject to Jurisdiction Far, Far Away"
  • "Web Site Story-A Legal Primer for Web Site Owners and Designers"
  • "Copyright Preemption: New York State's Erroneous Interpretation"
  • "Copyright and Trademark Infringement: Current Techniques for Plaintiffs and Defendants"

Presentations – (last 10 years - most recent year for series)

  • 2017 Practicing Law Institute program, "Ethics for the Negotiating Lawyer"
  • 2017 Practicing Law Institute program, "Advanced Licensing Agreements"
  • 2016 Institute of International Banking Law Standby and Guaranty Forum and Law Summit, “Recent Letter of Credit Cases”
  • 2016 Practicing Law Institute program, "Understanding The Intellectual Property License"
  • 2016 New Jersey Intellectual Property Law Association, “Cases in Negotiation Ethics”
  • 2015 Practicing Law Institute program, “Outsourcing 2015: Sourcing Critical Services”
  • 2014, 2012, 2007 Copyright Society of the U.S.A., “Show Me the Money: The Essentials of Valuation of Copyrights in Transactions and Litigation,” "Basic Ethics for the Negotiating Lawyer," "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • 2013 National Association of Recording Manufacturers, “Negotiation Ethics”
  • 2010 Professional Education Broadcast Network, “Ethics in Negotiations”
  • 2008 Licensing International - "Winning Ethics in Licensing"
  • 2007 Practicing Law Institute program, "Internet Law Institute"
  • 2007 CMJ Music Marathon and Film Festival, “Games Without Frontiers”
  • 2001-2004 Adjunct Professor, Copyright Law, Seton Hall Law School