Love Triangles and Liability: Walgreens hit with $1.4 Million Verdict

Walgreens pharmacy was recently hit with a $1.4 million verdict for divulging sensitive patron information. The suit arises from one of the more peculiar set of facts you’ll encounter but the takeaway is important to all. Pharmacy chains have increasingly become the targets of lawsuits mostly stemming from the improper administration of prescriptions or the failure to give appropriate warnings.  But some recent suits involve a dilemma that all professionals face in this digital age: the failure to adequately protect sensitive and confidential data.

Last …

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Unringing the Bell: Clawback Provisions and Inadvertent Document Production

Technological advancements have prompted an explosion in electronically stored information (ESI).  A single laptop computer is capable of holding more than 2,000 banker’s boxes of paper, and a smart phone with 16 GB of memory can hold roughly the equivalent of 1,000,000 printed pages.  Given the potential value of this data, litigants are routinely requesting ESI during discovery.  At the same time, lawyers responding to these requests are faced with the Herculean task of sorting through mountains of evidence to remove privileged or confidential documents.  …

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Missed Diagnoses is #1 Cause of Medical Malpractice Claims

A recently released study demonstrates that most medical malpractice claims stem from missing serious illnesses and medical conditions. The international study specifically focused on claims asserted against primary care physicians because of their role as the first line of care for patients. The results of the study are noteworthy but not necessarily surprising.

The research encompassed studies performed in the US, the United Kingdom and Ireland.  The results were the same across the board.  The most common allegation in medical malpractice claims arise from missed …

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JK Rowling’s Secret Revealed by her Attorney

A prominent British law firm recently admitted that it was responsible for leaking JK Rowling’s pen name in her new mystery novel.  The venerable author of the Harry Potter series intended to wear an invisibility cloak of her own, releasing her latest work – the Cuckoo’s Calling – under the pseudonym Robert Galbraith.  Rowling reportedly hoped to “publish without hype or expectation” that would accompany her true identity.  But the anonymity did not last long thanks to her attorney’s blunder at a cocktail party.…

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Emotional Distress Damages in Professional Malpractice Matters

Many aspects of litigation involve high levels of emotion when reputations, resources, pride, and goals are on the line.  Nonetheless, it is highly unusual for an attorney to be subject to mental distress damages arising from a legal malpractice claim. Recoverable damages are usually limited to compensatory losses.  However, a recent decision from Iowa’s highest court suggests that the tide may be turning.

In last week’s decision by the Iowa Supreme Court, an attorney’s former clients were permitted to collect emotional distress damages arising …

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The Power of the Conflict of Interest Waiver

A vast majority of professional malpractice matters arise from an alleged conflict of interest.  Legal malpractice claims, for example, most frequently involve conflicts of interest; a whopping 46% according to a recent study. Perhaps this is no surprise. According to one scholar, the “exercise of his independent professional judgment” goes to the “heart of the skills” which a professional offers to his client. Thus, lawsuits typically follow in the event of a breach – or perceived breach – of that independence. Of course, …

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NY Attorney’s Attempt to Recover Legal Fees Backfires

Let it be said: we don’t work for free.  The business of law, like any profession, is based on a simple formula: quality work + results = payment.  Sometimes obtaining payment can be the most difficult piece of the equation.  When a fee dispute does arise, an attorney may be required to strike a balance between demanding full compensation and maintaining a productive and ongoing relationship with the client. 

We’ve previously warned of the risks of engaging in collection proceedings against former clients.  However, that …

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The Effective Litigation Hold Letter

Our recent post on the ramifications of destroying social media content got us thinking about the importance of an effective legal hold letter.  Also known as a “preservation” or “hold” order, this document instructs an entity or individual to preserve all data that may reasonably relate to pending or anticipated litigation.  A goal of the litigation hold is to suspend the normal dispositions of records and to prevent spoliation.  Another goal is to avoid the potential for sanctions and ethical issues facing those …

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