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“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 …

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Jonathan Ziss on How to Best Represent an NFP Board

In a recently published article for CLM Magazine, Goldberg Segalla’s Jonathan S. Ziss highlights the best practices for establishing and maintaining an effective attorney-client relationship in a piece entitled, “Representing the Not-for-Profit Board.”

Jonathan noted that most of these best practices are most applicable to smaller organizations led by boards mainly comprised of volunteer amateur directors.

“Representing an NFP board in a dispute setting requires specialized knowledge drawn from state law and from the client’s own governance structure, the ability to quickly gain the …

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PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL).

In Dwyer v. Ameriprise Fin., Inc., 313 A.3d 969 (2024), the Pennsylvania Supreme Court addressed whether the award of treble damages under the UTPCPL was duplicative of an award of punitive damages so that a plaintiff could only recover one or the other. Finding the purpose of treble damages differed from the goal of …

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NJ Supreme Court: Contracts are King in Determining Whether Real Estate Agents are Employees or Independent Contractors

The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that agreements between real estate salespersons and the brokers they work with are controlling as to whether the salesperson is an employee or an independent contractor, regardless of any laws, rules, or prior court-made tests to the contrary.

The Kennedy plaintiff sought classification as an employee, rather than an independent contractor, for …

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The Significance of CTA Compliance For Professionals

The Corporate Transparency Act (CTA) became effective as of January 1, 2024. According to Jonathan Ziss, co-chair of Goldberg Segalla’s Management & Professional Liability practice group, in an article recently published in the Pennsylvania CPA Journal, CTA compliance is critical to avoid the “unauthorized practice of law” and other professional liability concerns.

Read Jonathan’s article here.

This article was originally written in the Pennsylvania CPA Journal.…

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A Worrying Trend? Legal Malpractice Payouts Soar

Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume. According to data compiled by Ames & Gough, factors such as runaway verdicts and litigation financing have contributed to the rise in settlements. Those factors are among several accounting for a concept most readers are undoubtedly all too familiar with: social inflation, the increase of claims costs beyond the economic inflation so often in the …

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“The Precipice” Podcast Delves Into Rapidly Evolving Cybersecurity Risks

The new, must-listen podcast for all things management and professional liability, “The Precipice,” is back for the second 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 second episode of “The Precipice,” Peter is joined by Kelly Geary, managing principal with EPIC Insurance Brokers …

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Does the Statute of Limitations Ever Apply in Legal Malpractice?

That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania.  

It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some jurisdictions, especially those that permit a litigant to pursue tort as well as a breach of contract theory in these scenarios.

A dual theory approach may …

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Legal form concept : Blue pen and a non compete contract on a clipboard. Noncompete contract is an agreement between employee and employer, not to enter into competition in subsequence business effort

Tips on Protecting Trade Secrets after FTC Bans Non-competes

On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.”

The fall of non-competes removes one of the more effective tools businesses have to protect their trade secrets by stopping employees from taking confidential information straight to a competitor. How, then, should companies with intellectual property to protect respond?

First, Sit Tight

This legislation has yet to be tested in …

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Use of AI Results in Attorney Suspension

The practice of law is not one-size-fits-all. For better or worse, attorneys are generally free to conduct their business as they see fit: working from home, in a traditional office, in large firms, solo practitioners, different practice areas, and different tools. We are guided by certain rules, of course, including the obligation to represent clients competently through technological familiarity. For those who had yet to do so before, we shifted to a remote environment during COVID-19, which forced firms to implement immediate work-from-home mandates and …

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