Professional Liability Matters

January 8, 2025 Accountants

Accountants Owning Law Firms?

In a novel move, Big 4 accounting firm KPMG has taken the first step in seeking to own and operate a law firm in the United States. Although permitted in other countries, the United States generally prohibits non-lawyers from owning a law firm. In 2020, however, Arizona became the first state to relax that standard thereby opening the possibility of what is apparently on the horizon.

There are about 1.3 million attorneys in the United States. Competition is considerable, and attorneys strive to develop a …

January 8, 2025 Law Practice Management

Peter J. Biging and Guests Discuss the Art of Mediation in 4th Episode of ‘The Precipice’ Podcast Series

Peter J. Biging, partner and co-chair of Goldberg Segalla’s Management and Professional Liability practice group, hosts the fourth episode of “The Precipice,” a podcast series presented by the Professional Liability Underwriting Society (PLUS).

The guests for this episode include Mark Bunim, arbitrator and mediator for Case Closure LLC, Jennifer Lupo, managing member for Lupo Law, Arbitration & Mediation LLC, and Theo Cheng, arbitrator and mediator for ADR Office of Theo Chang.

LISTEN TO THE FULL PODCAST HERE: “PLUS Podcast: The Precipice Episode 4,” …

December 23, 2024 General

Happy Holidays!

We wanted to take some time to wish you and your families a happy holiday season and all the best in the new year. 2024 has been a busy, active year in the world of professional law and we appreciate you dropping by our site on a regular basis for emerging issues and up-to-date information.

Professional Liability Matters will return in January with new posts. Once again, happy holidays!…

December 23, 2024 General

Seth L. Laver Spotlighted by Attorney Protective’s AttPro Risk Management Newsletter

Goldberg Segalla partner Seth L. Laver was spotlighted in Attorney Protective’s AttPro Ally Winter 2025 Risk Management Newsletter. In a section entitled, “Defending Your Good Name,” the newsletter covered Seth’s extensive career as a leading professional liability defense attorney:

“Seth Laver is a partner in the Philadelphia offices of Goldberg Segalla. He devotes the majority of his practice to defending professionals, primarily representing attorneys and accountants. A trial attorney for over 20 years, Seth is admitted to practice in Pennsylvania, New Jersey, and New York, …

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 …