Earlier today, the Attorney General filed a Notice of Appeal challenging the ruling of federal district court Judge Scullin which declared certain provisions of the recently enacted lawyer advertising rules unconstitutional, as more fully explained in this post.
As reported in this Business Review article:
At the 11th hour, the state Attorney General's office filed a notice of appeal seeking to reverse a decision that found many of New York's attorney advertising guidelines to be unconstitutional...
The case was brought by Public Citizen that represented its members, attorney James Alexander and Syracuse law firm Alexander & Catalano LLC.
"We'll keep fighting; we're not going to give up at this point," Greg Beck, an attorney who litigated the case for Public Citizen, said about the appeal. "I think the district court's decision was careful and well-reasoned and I have a hard time feeling it will be reversed on appeal"...
The court permanently banned enforcement of most of the challenged rules against attorney advertising, including rules against attention-getting techniques; use of nicknames and mottos; use of client testimonials; portrayal of judges; and use of Internet pop-up ads.
Yet another interesting development in this lawsuit. I'm looking forward to following this appeal and will provide updates as I learn more.
My prior posts on this issue can be found here.