Can an Attorney Record a Client or Fellow Counsel Without Consent?

Can an Attorney Record a Client or Fellow Counsel Without Consent?

Michael Cohen, who previously served as the personal lawyer of President Donald Trump, made headlines earlier this year when it was disclosed that he regularly recorded conversations with clients, opposing counsel, and others without their knowledge. This story generated headlines for an extended period of time and it also raises a larger question: can or should an attorney record conversations with their clients or other lawyers without their prior consent? I wrote a guest column for the November 19th edition of the Buffalo Law Journal that addresses this issue. Click the following link to read my guest column on the Buffalo Law Journal’s website that provides some details on how to address the question of “can you record a client or fellow counsel without consent” including: legal standards versus attorney ethical standards; federal statutes on recording conversations without consent; The American Bar Association’s Model Rules of Professional Conduct and formal opinion on...

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Will the Buffalo Diocese Whistleblower Face Legal Action?

November 2, 2018  |  IN THE NEWS  |  Share
Will the Buffalo Diocese Whistleblower Face Legal Action?

I provided legal analysis for WIVB News 4's recent story on Siobhan O'Connor, the former Diocese of Buffalo employee who leaked documents regarding the diocese's handling of priests accused of sexual abuse. Ms. O'Connor was featured in a report on 60 Minutes, which detailed the documents and information she released. WIVB's follow-up story on the 60 Minutes report focused on the question of whether or not whistleblowers may face legal ramifications and if Ms. O'Connor specifically could face legal action. Click the image above for more information and click here for my full analysis, which includes why I do not think Siobhan O'Connor will face any significant legal fallout for leaking Diocese of Buffalo documents as well as instances when a whistleblower may be subject to legal action.  

Diocese of Buffalo’s Reaction to Whistleblower on 60 Minutes

November 1, 2018  |  IN THE NEWS  |  Share
Diocese of Buffalo's Reaction to Whistleblower on 60 Minutes

I was interviewed by WGRZ Channel 2 anchor Scott Levin regarding a press release that the Diocese of Buffalo’s Communications Office issued. The press release contained e-mails sent by Siobhan O’Connor, a former employee of the diocese. The press release was issued shortly after Siobhan O’Connor was featured during an episode of 60 Minutes that reported on the Diocese of Buffalo’s handling of priests who have been accused of sexual abuse.  In the 60 Minutes report, Ms. O’Connor acknowledged that she was the whistleblower who leaked records from the Diocese of Buffalo’s secret archive.  60 Minutes reported that the documents and information that Ms. O’Connor leaked to a local reporter revealed that Buffalo Bishop Richard Malone had allowed priests who were accused of sexual abuse to remain in their role as priests. WRGZ’s Scott Levin asked for my reaction to the press release the Diocese of Buffalo issued following the 60 Minutes...

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Denver Broncos Quarterback Chad Kelly Arrested

October 24, 2018  |  Uncategorized  |  Share
Denver Broncos Quarterback Chad Kelly Arrested

WGRZ Channel 2 reported on the recent arrest of Denver Broncos backup quarterback, Chad Kelly. I was interviewed by anchor Scott Levin and provided legal analysis for WGRZ on this story. Police in Englewood, CO were called at approximately 1:00 AM regarding a man standing outside a residence. The man, who Englewood Police confirmed was Chad Kelly, then entered the residence without authorization and was forced to leave by the occupants of the home. Shortly thereafter, Kelly was arrested by police near the location of the incident. Click the image above for more information and click here for my full analysis, which includes specifics on: the severity of the charges filed against Chad Kelly; the probability that Chad Kelly will face jail time for this incident; how the charges might be defended; and what appears to be the probable outcome of this case.

Former Roswell Park Employee Diverted Drugs, Leading to Patient Infections

September 28, 2018  |  CRIMINAL, IN THE NEWS  |  Share
Former Roswell Park Employee Diverted Drugs, Leading to Patient Infections

I provided legal analysis for WIVB News 4's recent story regarding a former Roswell Park employee who removed a narcotic from syringes and replaced it with water.  It is believed that those syringes were then used on patients, which resulted in several patients developing an infection. Click the image above for more information and click here for WIVB's full story, including my analysis on the recent trend of drug diversion cases, the criminal charges that can be brought against Roswell Park's former employee, as well as Roswell Park's potential liability in the matter.

Buffalo Police Benevolent Association Files Libel Lawsuit for Online Comments Made About Officers

September 21, 2018  |  CONSTITUTIONAL, IN THE NEWS  |  Share
Buffalo Police Benevolent Association Files Libel Lawsuit for Online Comments Made About Officers

I provided legal analysis for WGRZ Channel 2's story on a libel lawsuit filed by the Buffalo Police Benevolent Association on behalf of two Buffalo police officers. The suit has been filed against an individual who made comments about the officers in the comments section of The Buffalo News' website. WGRZ anchor Scott Levin asks for my analysis on whether online comments are protected by the First Amendment or grounds for a defamation lawsuit. Click the image above for more information and click here for WGRZ's full story, which includes my legal analysis.

Internal Church Documents Reveal Number of Priests Accused of Sexual Abuse More Significant Than Diocese of Buffalo Previously Disclosed

September 14, 2018  |  CRIMINAL, IN THE NEWS  |  Share
Internal Church Documents Reveal Number of Priests Accused of Sexual Abuse More Significant Than Diocese of Buffalo Previously Disclosed

Over the last several weeks, WKBW 7 Eyewitness News has published three parts in their investigative series on Bishop Richard Malone’s handling of priests within the Diocese of Buffalo who have been accused of sexual abuse. I represent an individual who was sexually abused by a priest in the Diocese of Buffalo and 7 Eyewitness News interviewed me for parts of this investigative series. Part three of 7 Eyewitness News’ investigation, which was published on September 12th, reports on internal church documents that indicate the “scope of abuse” involving area priests may have been more significant than the diocese previously disclosed to the public. In March 2018, the Diocese of Buffalo released of list of forty-two priests “who were removed from ministry, were retired, or left ministry after allegations of sexual abuse of a minor”. However, in the latest part of WKBW’s series, investigative reporter Charlie Specht chronicles internal church documents, including the...

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Document On How Local Catholic Church Reports Sex Abuse

September 4, 2018  |  CRIMINAL, IN THE NEWS  |  Share
Document On How Local Catholic Church Reports Sex Abuse

I recently spoke to WGRZ for their report on a memorandum of understanding that was signed in 2003 by eight local district attorneys and the bishop of the catholic diocese. The document provided information on the reporting of sexual abuse involving minors.  Click the picture above for more and click the video below for the full report from WGRZ.

Lawsuit in Niagara County Takes Aim at Drug Companies for Opioid Addiction

September 4, 2018  |  IN THE NEWS  |  Share
Lawsuit in Niagara County Takes Aim at Drug Companies for Opioid Addiction

I provided legal analysis for WIVB on a recent class action lawsuit filed against several pharmaceutical companies.  The legal custodian of the 13-month old child, who was born addicted to opioids, has filed a class action lawsuit in Niagara County.  The lawsuit was filed against more than a dozen drug companies and claims the companies knowingly or negligently created the mother's addiction. The suit wants the drug companies to held financially liable for the child's ongoing medical costs and among other damages. Click the picture above for more information and click here for the full story including my legal analysis.

The NIH and FBI are Investigating the Covert Role of Foreign Governments in Relation to Domestic Research

August 27, 2018  |  CRIMINAL, SCIENTIFIC RESEARCH & MISCONDUCT  |  Share

The Federal Bureau of Investigation (FBI) and the National Institutes of Health (NIH) have launched a joint initiative to investigate the covert influence of foreign entities on domestic research taking place in the United States. This initiative will have a potentially significant impact; resulting in the dissolution of research projects as well as the pursuit of civil and criminal investigations. Click the following link to read my full analysis on the potential implications this NIH and FBI investigation may have on researchers and research institutions, including: Federal Investigations; Institutional Administrative Investigations; Qui Tam or “Whistle-Blower” Lawsuits; and Criminal Implications including Tax Fraud, Tax Evasion, Wire Fraud, Mail Fraud, and Espionage Related Offenses. Click here to read for a full analysis of this investigation the potential legal issues researchers and research institutions may face.