Author Archives: Michael T. Glascott

Can a Single Lawsuit = Multiple Claims?

Professional liability insurance is necessary to any responsibly-run professional practice. The limits of coverage available under an E&O policy help to protect professionals against financial loss.  However, the limits of coverage between different policies do not necessarily offer the same protection, even if the face value would appear to be same. For instance, a policy may specify that costs of defense are included in the limits of coverage, a/k/a “burning limits,” which reduces the amount available to satisfy a judgment or pay a settlement as the case progresses. Generally, a policy will state limits of coverage available for each “claim” made against the insured, as well as aggregate limits that cap the amount of damages if multiple claims are brought. Separate claims are easy to distinguish when separate lawsuits are filed by different parties involving unrelated acts. However, do separate claims exist when a single lawsuit is filed that alleges several different instances of misconduct?

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Professionals Don’t Kiss and Tell

Professionals love to promote their success stories. Securing major victories can help attract new clients and help establish professional reputation. This is especially true of attorneys, who are often solicited to comment on public aspects of a case once it has concluded. However, post-case commentary could lead to a violation of the attorney’s duty of confidentiality—even when the information discussed concerns issues that are widely known or publicly available.

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Avoiding Legal Costs of Unpaid Internships

Summer is almost here – the sun, vacations, Coronas, and lawsuits arising from unpaid internships. We’ve previously warned of these risks here and here. Yet, the suits that some call the “new slip and fall case” are more frequent than ever. It seems that every week brings news of another lawsuit filed by unpaid interns. So, another reminder is warranted. Employers must beware of these risks and take precaution to ensure that they are not the next victim of an FLSA class-action claim.

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Virtual Offices may Violate Ethics Rules

Recent technological advances have made it relatively easy for professionals to maintain a virtual office. A wireless connection may be all that is needed to practice, without the stress of lease payments, utilities, commuting expenses and other costs. Some attorneys have taken advantage of technology to maintain out-of-state offices in order to appeal to a larger client base. But, despite the various temptations to utilize a virtual office, there are serious risks of doing so.

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Wanna be Starting Something? Michael Jackson’s Publicist files Legal Mal. Suit

Despite his untimely death, Michael Jackson continues to generate considerable media attention, tabloid fodder, and litigation.  Most recently, Jackson’s former publicist, Raymone K. Bain, filed a malpractice suit to recover from her former attorneys.  In Bain v. Gary Williams Parenti Watson & Gary PL et al., the King of Pop’s publicist alleges that her attorneys were negligent in a breach of contract suit she filed against Jackson in 2009.  According to the suit, Bain could not recover considerable royalties from Jackson associated with…

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Case Study: When an “Expert” Lies on the Stand

A Florida defense expert is facing criminal perjury charges for allegedly lying on the stand about his credentials. The defense attorney may be next. Claimed biomechanics expert, John Lloyd, allegedly misrepresented his educational background before testifying that “shaken baby syndrome” is a myth in a troublesome child abuse trial. It was allegedly discovered that Lloyd had perjured himself on the stand but the underlying defendant had already received a reduced sentence. The fallout and public outcry has been significant. This situation calls into question the ramifications for the defense attorney who proffered the so-called “expert.”

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