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, …

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 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 …

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 …

Files and folders on desktop desk business work for organizing papers

July 7, 2023 Law Practice Management

Law Firm Cleared in Case that Alleged Scheme to Defraud

A New York law firm sued in connection with a business deal gone awry, and accused of aiding in a scheme to defraud, saw the case against it dismissed thanks to a strategic and fervent defense waged by Goldberg Segalla partner Danielle N. Malaty.

Heard in the Northern District of Illinois, the case stemmed from a complaint by a plaintiff who claimed the target defendant — a wealthy investor — led an alleged racketeering scheme to defraud him and breach fiduciary duties.

The plaintiff …