Professional Liability Matters, Author at Professional Liability Matters

March 5, 2025 General

International Defense Attorney Returns to the U.S., Bringing Distinct Skills to Goldberg Segalla

Goldberg Segalla is pleased to announce that attorney Andrew H. Reynard has joined our Management and Professional Liability practice group in the Manhattan office, bringing more than 20 years of experience encompassing diverse areas of law and managing high-profile cases impacting the financial services, investment management and insurance industries.

“We are excited to welcome Andy to our expanding national practice,” said Jonathan Ziss, co-chair of the firm’s Management and Professional Liability practice. “Andy has built a sterling reputation as an innovative and effective litigator. …

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, …

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 …

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 …

May 1, 2024 Legal Malpractice

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 …

October 24, 2023 Technology

Christopher F. Lyon Delves into Risks of ChatGPT in Legal Field for NYLitigator

Christopher F. Lyon, partner in Goldberg Segalla’s Management and Professional Liability practice group, explored the growing risks and repercussions of ChatGPT use by lawyers in NYLitigator, NYSBA’s Commercial & Federal Litigation Section publication.

Chris said staying updated on emerging technologies is often beneficial in the legal field, citing the success of early adopters of online legal research. However, he cautioned that early adoption also comes with risk as one must navigate the limitations and capabilities of any new technology and not assign it …

Legal law concept image gavel on computer laptop

January 30, 2023 Accountants / Design Professionals (A&E) / Law Practice Management

Christopher F. Lyon Co-Authors Article Exploring E&O Risks of Remote Professional Services in The Brief

Christopher F. Lyon – a partner in the firm’s Management and Professional Liability practice group – co-authored an article in ABA’s The Brief on the transition to remote work pre- and post-pandemic, and the new E&O risks associated with remote work in professional services.

The article examines the shift to remote work for professionals including lawyers, insurance brokers, and financial-service providers.

While the swift and growing transition, paired with advances in technology, provides increased flexibility and a cut in costs on expenses such as travel …

January 13, 2020 Legal Malpractice

Attorney or Scrivener? LPL Claim Dismissed Due to Non-Representation Clause

A recent decision rendered by the New York Appellate Division, First Department, on October 17, 2019, held that the lower court properly dismissed a legal malpractice complaint on the ground that documentary evidence established there was no attorney-client relationship. In Seaman v Schulte Roth & Zabel LLP, 176 A.D.3d 538 (1st Dep’t 2019), the dispute centered on the enforceability of a “non-representation clause” disclaiming the existence of an attorney-client relationship and reaffirmed the importance of providing such clauses where an attorney seeks to limit …

July 29, 2019 Settlement

New Life to Settle-and-Sue Malpractice in New Jersey?

The settle-and-sue legal malpractice claim has been traditionally disfavored by courts across the country. Courts often cite to practical and legal concerns with the theory, to say nothing of the bind it puts on an attorney looking to resolve a case. In a recent decision from the New Jersey Appellate Division, settle-and-sue may not have been at issue, but that in itself causes some concern in a case remanded for trial to determine the difference between a verdict and what the plaintiff settled for prior …