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Privilege in Interstate LitigationMany legal issues are easier to articulate than they are to resolve. For example, suppose State Y does not recognize a testimonial privilege but a witness is called to testify from State X which does recognize the privilege. Can the witness who holds the privilege claim it during litigation pending in State Y? Due to differing legal constructs applied by state courts, it can be an onerous task for counsel to determine whether certain documents or communications are considered privileged or are discoverable in interstate litigation.
We Need Your Vote!Attention blog readers! We are proud to announce that Professional Liability Matters has made it to the voting round in The Expert Institute’s “2017 Best Legal Blog Contest.” Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Professional Liability Matters.
Seeking Your NominationAttention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named, we’ll need your help. For years, Professional Liability Matters has been your source for trends, regulations, decisions, and breaking news impacting the professional liability community. Our goal is — and always has been — to educate you about the professional liability landscape and provide resources to help professionals avoid pitfalls and to defend those professionals in the event of a lawsuit. If you feel Professional Liability Matters is one of the best legal blogs today, click here to nominate us. The nomination deadline for the contest is July 30th.
Employer Guidance on Mental Health DisordersAccording to the National Alliance for Mental Illness, one in five US adults experiences mental illness in a given year. In a recent article authored by PL Matters contributor Dove A.E. Burns, the “prevalence of these disorders has a significant impact upon the workplace and upon employers and their accommodation policies and procedures.” The New York Law Journal article evaluates the EEOC’s publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights.” The article also considers what the EEOC's guidance means for employers navigating the ADA landscape.
IRS Warns CPAs: Beware of PhishingBusinesses are increasingly becoming the targets of sophisticated cyber-attacks, and professionals are no exception. When cyber-criminals breach a professional service firm, they not only may gain access to the firm’s corporate data, but also confidential information from the firm’s clients. Therefore, it is incumbent on all professionals to make data security a priority.
Family Feud leads to Privity LessonA somewhat bizarre family feud presents an interesting evaluation of the general requirement of privity in order to maintain a legal malpractice claim. Consider the circumstances of when an attorney is appointed by the court to administer an estate. Who is the client? A Kansas appellate court examined this situation in Schroeder v. Brewer, 2017 Kan. App. Unpub. LEXIS 101 (Kan. Ct. App. Feb. 17, 2017) which addresses whether an attorney may be held liable for legal malpractice while representing an Estate “against” the beneficiaries of the estate.
Blown Deadline = $850,000Ugh…deadlines. Many classes of professionals are bound by deadlines. Attorneys are no different. Pleading requirements, discovery responses, motions, hearings and other proceedings must all be calendared to ensure that an attorney meets all deadlines. In fact, an easy path to malpractice is to miss a deadline. A recent New Jersey verdict highlights the importance of complying with deadlines and maintaining clear and open communication.
Liability for Inadvertent Metadata DisclosureIn the modern practice of law, attorneys are expected to be familiar with discovery of electronically stored information. Often this involves the production of files in their native format, which preserves metadata such as the document author, dates of creation and alterations, and where the document was stored. Production of electronic information thus facilitates document review, but also could lead to the disclosure of information that is beyond the scope of permissible discovery.
We Need Your Vote! Round 2Hello, blog readers! We told you last month that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” We have good news to share: We’ve made it to round 2!
We Need Your Vote!Attention blog readers! We are proud to announce that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” To be officially named one of the best legal blogs, we’ll need your help! There is a two-step process to this contest: first, blogs need to be nominated by our readers. Then, the blogs that receive the most nominations make it to the voting round. So, if you’d like to nominate Professional Liability Matters, click here for the official submission form! …
The Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now AvailablePlease click here for the latest edition of Professional Liability Monthly. Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from across the country concerning professional liability. Cases are organized by topic, and where available, hyperlinks to the full decisions are included. In addition, we highlight the latest news impacting the professional liability community. If you would like to receive future editions of Professional Liability Monthly directly by email, please contact Brian Biggie at[email protected].…
Professional Liability Monthly – March Edition is Now AvailableCase analysis in this edition of Professional Liability Monthly include:
- Court Refuses Design Professional’s Bid to Avoid Liability Reliant on Future Inspection or Approvals
- A Plaintiff’s Complaint Alleging Defamation and Violations of Connecticut’s Unfair Trade Practices Act Is Stricken Under the Absolute Litigation Privilege
- Pennsylvania Enacts Benevolent-Gesture Bill Into Law
- Evidence of Informed Consent Inadmissible in Medical Malpractice Case
- Case of First Impression: Plaintiffs Lack Standing to Bring Malicious Prosecution/Vexatious Litigation Actions Against Attorneys and Attorneys’ Clients
- Court Finds Theory of Apparent Agency Applicable
Cases for Professional Liability Monthly – March 2014 EditionThe below cases correspond with the March edition of Professional Liability Monthly and the analysis of each case. Click here to access to the newsletter. Cases are provided courtesy of LexisNexis. Brady v. Urbas Granger Constr. Co. v. G.C. Fire Prot. Sys. Meyers, Harrison & Pia, LLC v. Riella Ntumbanzondo v. Bang Chau Scalise v. Cummings & Lockwood, LLC Schlump v. Pabst Wojeck v. Latimer Point Condo. Ass’n,…
Are Law Firm Advertisements Covered?All insurance policies are not created equal. Some policies contain exclusions that many professional may not expect. Take for example a recent decision that evaluated whether a law firm’s advertising practices were covered under a D&O policy. In Rob Levine & Associates, Ltd. v. Travelers Casualty, a Rhode Island federal court considered whether conduct relating to Internet and television advertisements was considered “professional services.”
D&O Suits Reach Historic High: Economy to Blame?The fallout from the 2007-2010 economic downturn is behind us, right? Nope; not so for the professional malpractice community in light of the many lawsuits arising from the recent market collapse. In fact, lawsuits relating to 2007-10 bank collapses in particular have increased dramatically and the primary targets are executives. According to a February 13, 2014 report which is available here, litigation against directors and officers of failed banks reached an all-time high in 2013. To make matters worse, many of those directors were forced to reach into their own pockets to absorb the costs.
Special Edition: Professional Liability Monthly Compendium 2013Click here for this special edition of the Professional Liability Monthly Compendium 2013. We have compiled all the Featured Articles from the past year along with the year’s most popular blog posts.. For your convenience, we have linked each author’s name in the newsletter to their online biographies in the event you would like more information regarding the article or post. We encourage you to share the publication with your colleagues. If others in your organization are interested in receiving the publication, please contact…
Professional Liability Monthly – December Edition is Now AvailableFeatured headlines in this edition of Professional Liability Monthly:
- No Breach of Fiduciary Duty Where the Plaintiff Alleged That the Defendant Insurance Agency Procured an Inadequate Policy
- Disclosure of Medical Records From Patients Other Than the Plaintiff Denied by Court
- Improper Reference to Smoking History in Medical Malpractice Case Leads to New Trial
- Expert Gastroenterologist Should Have Been Permitted to Testify as to Causation
- Dispute Over Date of Discovery of Actionable Harm Prevents Defendants From Obtaining Summary Judgment
- A Defendant’s Counterclaim Alleging Legal Malpractice