Professional Liability Matters

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 …

July 17, 2024 Director and Officer Liability / Law Practice Management

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 …

Pennsylvania state of United States flag waving cloudy sky background

July 3, 2024 Miscellaneous Professionals

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 …

June 25, 2024 Real Estate Professionals

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 …