Professional Liability Matters

November 25, 2024 Cyber-Liability

The Digital Fortress: Modern Privacy and Data Considerations to Avoid Legal Malpractice

As the digital landscape continues to evolve, so do the challenges surrounding privacy and data protection, particularly in the legal profession. Law firms are increasingly handling sensitive client information, creating potential pitfalls that could lead to legal malpractice claims if not managed properly. This blog post delves into emerging trends in privacy and data protection that may shape the landscape of legal malpractice, offering insights on how attorneys can navigate these challenges effectively.

1. Growing Legislative Frameworks and Regulations

With increasing public concern over data privacy, …

November 25, 2024 Employment Practices Liability

Danielle Malaty Publishes Article on FTC Noncompete Bans in ABA’s “The Brief”

Goldberg Segalla partner Danielle N. Malaty’s comprehensive article regarding the Federal Trade Commission’s ban on noncompetes has been published in “The Brief” – a publication by the American Bar Association.

The piece, entitled “An Overview of the Rapidly Changing Legal Landscape Following the FTC’s Noncompete Ban,” discusses the legal hurdles and rulings that have been issued in cases challenging the rule.

According to Malaty, “The rule makes it unlawful for a covered person (1) to enter into or attempt to enter into a noncompete clause, …

September 18, 2024 Legal Malpractice

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in White Collar Crypto Defense

FACTS OF THE UNDERLYING ACTION

On September 6, 2024, an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the Ethereum blockchain, allegedly “invented the ‘Utility Token’ and a structured method for selling these new digital assets to the public in what became known as the ‘Initial Coin Offering’ (‘ICO’) and created the first ‘Security Token’ or ‘Tokenization’ and Security Token Offering (‘STO’).” Complaint ¶3. Nerayoff’s …

September 4, 2024 Miscellaneous Professionals

Without Standing, Plaintiff Cannot Run to Court

The United States District Court for the District of New Jersey reiterated the importance of standing and reviewed its application to the Fair Debt Collection Practices Act in the matter of George v. Rushmore Serv. Ctr., LLC, 2024 U.S. App. LEXIS 20303 (Aug. 13, 2024 3d Cir.).

In 2013, the plaintiff opened a credit card account with First Premier Bank. A few months later, she defaulted on the account by failing to make the monthly minimum payment. This failure to pay initiated First Premier’s …

September 4, 2024 Ethics / Law Practice Management

Artifical Intelligence in the Legal Profession: Ethical Considerations

Artificial Intelligence is increasingly disrupting the litigation world. While it cannot replace the need for attorneys to exercise judgment, it can support data-driven decision making and transform legal research and writing tasks for the better. As a preliminary matter, many practitioners are concerned about AI replacing the need for paralegals, and to a lesser extent, attorneys. In an effort to allay these concerns, proponents of AI suggest it cannot replace the analytical skills and intuition necessitated by the profession. Moreover, the attorney-client relationship, which inarguably …

August 21, 2024 Risk Management

Managing Your Company’s Risk of Copyright Infringement

In the Internet era, every firm has a risk of copyright infringement. Employees copy and paste photos from the internet or embed social media posts to the company’s website or into a press release or news article. Images stored on the company server are renamed, and the scope of rights are no longer ascertainable. Artwork provided to a marketing partner is shared by that partner outside the scope of a license. Rights are believed to be secured for some content, but the licensor is not …

Lawyer working with documents at wooden table indoors, closeup

August 21, 2024 Legal Malpractice

Legal Firm Defended by Goldberg Segalla has Malpractice Claim Dismissed

The Superior Court of Pennsylvania recently affirmed the summary judgment dismissal of a multi-million-dollar legal malpractice case against a Pennsylvania attorney defended by Goldberg Segalla.

The victory — secured by partner Seth Laver with assistance from partner Daniel Strick and attorney Joseph Ross — was particularly significant in that it involved complex, underlying issues and was heard in the often-difficult Philadelphia Court of Common Pleas.

The dispute stemmed from an injury suffered by a non-party who for 14 years was employed as a hotel waiter …

July 31, 2024 Legal Malpractice

Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient

Stellar defense work by Goldberg Segalla partner Christopher F. Lyon and associate Matthew H. Feinberg secured in New York Supreme Court the dismissal of a claim brought against our client in a legal malpractice action.

The case was filed by a plaintiff who sued her former attorneys for allegedly failing to add in a timely manner a volunteer ambulance company to a lawsuit she initiated following a car accident. The plaintiff was treated for injuries at the scene and during that treatment, EMS — in …

July 31, 2024 Accountants

Accounting Firm Saved from Expensive Setback

Goldberg Segalla partner Christopher F. Lyon’s persistence earned a significant victory for both an accounting firm and accountant accused of professional negligence and fraud.

The court granted reconsideration and upon reconsideration granted the motion for summary judgment, and the claims were dismissed in their entirety with prejudice.

While an appeal is expected, this was a major victory for our client in a long-standing case. Chris’ expertise in state law and determination to find precedent made this result possible, and it also underscores Goldberg Segalla’s commitment …

July 17, 2024 Law Practice Management

“The Precipice” Podcast Discusses Lawyers Professional Liability

The must-listen podcast for all things management and professional liability, “The Precipice,” is back for the third episode of the series. “The Precipice,” hosted by Goldberg Segalla partner Peter J. Biging and presented by the Professional Liability Underwriting Society (PLUS), is a tremendous resource for professionals through in-depth conversations with industry leaders, claims experts, and top attorneys involved in handling management and professional liability claims.

On the third episode of “The Precipice,” Peter is joined by Megan Zurn, a claims manager for AXA XL’s commercial …