NCAA Sports Probe Triggers Ethics Complaint

The NCAA has established strict rules to regulate the activities of student-athlete representatives, aka “boosters.”  If a booster violates collegiate rules, the NCAA can take action to hold an athlete ineligible from competition or impose other sanctions upon the school.  In a recent unexpected development, the NCAA was put on the defensive when its investigation of the University of Miami football program revealed that one of its own attorneys may have violated Florida’s ethics rules.

This story begins with a former Miami booster …

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Alternative Litigation Financing Sparks Malpractice Claim

A modern-day offshoot of the contingency fee arrangement is “alternative litigation financing.” Also known as third-party litigation financing, A.L.F. is the practice of making cash advances, usually to a litigant, to be repaid from the proceeds from the litigation. There is plenty of room for debate the pros and cons of this developing trend. Supporters may argue that this practice allows an injured plaintiff to take an “advance” on an anticipated recovery to address financial hardship before reaching a settlement or verdict. This is particularly …

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Recent Decision: Impeaching an Expert Witness

Attorneys and litigants would love a peek behind the curtain to develop a better understanding of their adversary’s case. Of course discovery provides the parties with various tools to identify and narrow the issues prior to trial.  But discovery can only reach so far. In light of various privileges and exceptions, litigants often grapple over those materials that are discoverable and those that remain protected.  In a recent New Jersey Superior Court decision, the court evaluated the extent of the attorney work-product doctrine as it …

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Closing Arguments: It’s Business, Nothing Personal

If trial is a performance, than the closing arguments is clearly the final act.  Attorneys channel their inner-actor and perform for the jury with an eye toward persuading the fact-finders to rule in their client’s favor.  Every attorney has a personal style during closings. Some are assertive, some conservative.  Many attorneys look for creative ways to convey their points.  However, there is significant risk that unusual closings may go too far and jeopardize the case, or worse. Take for example the recent reversal of …

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Failure to Disclose Health Condition is Grounds for Malpractice

Attorneys have an ethical duty to keep a client reasonably informed about the status of the representation.  The rules of professional conduct generally require a lawyer to provide the client with sufficient information to participate intelligently in decisions concerning the objectives of the representation.  Fulfilling this ethical obligation, however, may sometimes require the attorney to inform the client about personal matters that may affect the attorney’s ability to represent the client’s interest. For example, an attorney may be obligated to disclose her own health condition …

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Cy-“Burned” – The New Importance of Cyber Insurance

Data breaches that result in the unwanted dissemination of personal information are prevalent in the news of late, particularly given the rapid growth of electronically stored information and online commerce.  A data breach can be very, very expensive even for the smallest of companies.  On average, a relatively small breach that involves less than 10,000 records reportedly costs about $2.4 million in out-of-pocket expenses, $3 million in lost revenue, and no small amount of lost client confidence. Despite this risk, another recent study found that …

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Professionals Targeted in Shareholder Suits

It is generally well settled that shareholders may sue a corporation’s board of directors.  When business transactions go awry or in the wake of questionable (or certainly fraudulent) business practices shareholders have standing to sue directors and officers under theories of breach of fiduciary duty and the like.  But shareholders may have other targets as well. Many corporations rely upon third-party advisors before making corporate decisions. May a shareholder target financial advisors, accountants, attorneys and other third-party professionals in this scenario?  A recent decision suggests …

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Insider Trading at Law Firms? You Bet.

Law firms house a treasure trove of sensitive documents, confidential information, trade secrets and other materials of immeasurable value. Most professionals are aware of these risks and take steps to safeguard cyber and hard copy materials. Yet, the frightening ease with which materials land in the wrong hands was made public recently when a stock broker and a law firm employee were arrested on charges of fraud in connection with  a $33 million insider trading scheme. 

According to reports, here is how the scheme …

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Lying During Settlement Negotiations

Attorneys are bound by strict ethical rules that mandate truthfulness in statements to others. However, when it comes to settlement discussions, many attorneys channel their inner Pinocchio and lie, exaggerate, mislead, bluff, bend the truth, and misrepresent. In an effort to be a zealous advocate and obtain a favorable result for our clients, attorneys must negotiate without revealing the true bottom line.  But, there is a point when a little lie is actually an ethical violation. Where does the line fall between puffery and improper …

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Are March Madness Office Pools Legal?

Brace yourselves, employers: March Madness is upon us. Thursday, March 20, was the first full day of the 2014 NCAA Men’s Division I Basketball Championship Tournament games, and the tourney does not conclude until the Championship Game on Monday, April 7, in Arlington, Texas. During the tournament’s three weeks, the US economy will lose an estimated $1.2 billion in productivity as employees watch early round games, participate in office pools, and discuss the outcomes with co-workers. The question remains, are these office pools legal?

The

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