Ethical Issues for Business Lawyers Under the United Nations Guiding Principles

In certain insurance markets, claims arising from advice on such matters may not be covered. [...]before advising on the UNGPs, the lawyer should ascertain whether such legal advice - because of their nature as soft law - is covered by the firm's professional liability insurance. A. Relevant Ru...

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Veröffentlicht in:The International lawyer 2018, Vol.51 (3), p.423-444
1. Verfasser: Richman, Steven M.
Format: Artikel
Sprache:eng
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Zusammenfassung:In certain insurance markets, claims arising from advice on such matters may not be covered. [...]before advising on the UNGPs, the lawyer should ascertain whether such legal advice - because of their nature as soft law - is covered by the firm's professional liability insurance. A. Relevant Rules of Professional Responsibility Beyond "soft law," I have identified certain "hard law" requirements, and noted as well the impact of contractual obligations. [...]if an agreement does not delegate any authority to a third party to monitor its implementation or to interpret and enforce it, then the agreement again can be soft (along a third dimension) because there is no third party providing a 'focal point' around which parties can reassess their positions, and thus the parties can discursively justify their acts more easily in legalistic terms with less consequence, whether in terms of reputational costs or other sanctions." Code 1714.43, created a safe harbor that bars De Rosa's lawsuit. Because we affirm the district court on another ground, we do not reach this issue of whether the safe harbor doctrine applies."); 'Hughes v. Big Heart Pet Brands', No. 16-55212, 2018 WL 3358235, at.2 (9th Cir. Code 1714.43, created a safe harbor that bars Hughes's lawsuit. Because we affirm the district court on another ground, we do not reach this issue of whether the safe harbor doctrine applies.")
ISSN:0020-7810
2169-6578