Michael D. Shalhoub, Rebecca R. Rabideau, Author at Professional Liability Matters

February 19, 2025 Malpractice Defenses

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for years to become the central New York county’s longest-running court case.

The plaintiff claimed in her lawsuit that the extraction of nine teeth and subsequent placement of implants — all of which failed — exacerbated a neurological condition causing “neuropathic pain.” As a result, she claimed to experience …

August 17, 2016 Conflicts

Merging into a Conflict

It seems the law firm mergers are on the rise. 2015 was considered a “record year” for US law firm combinations. This merger-happy world has brought on a list of potential ethical questions. One of those issues was recently addressed in the case Victorinox AG v. The BF System Inc., 13 Civ. 4534, in the Southern District of New York.

The world famous Swiss Army Knife maker sued the defendant for trademark infringement. The Court granted Plaintiff’s motion for summary judgment and …

Fired but Still on the Hook

Most attorneys don’t end their careers in the same place they started. Rather, many attorneys make a move or two which may require the transfer of files and clients. When an attorney transfers a file to a new firm, the prior firm must maintain certain ethical obligations. Model RPC 1.16 provides that a lawyer must provide notice when terminating a representation and take steps to the extent reasonably practicable to protect a client’s interests. Therefore, professional obligations are not always terminated as soon as the …

July 2, 2014 Trial Tactics

Using Good Judgment Before Seeking Summary Judgment

For the defense bar, a motion for summary judgment can be an incredibly effective litigation tool. The successful motion puts an immediate end to a matter before trial, can limit the issues in dispute, or can provoke more reasonable settlement discussions. The MSJ unclogs dockets and saves litigants and courts time, effort, and money. But statistics suggest that MSJ’s are rarely granted and are often expensive to prepare. So defense practitioners should be asking themselves: is this the appropriate case to file an MSJ? The …

February 18, 2014 Insurance Products / Risk Management

Double Covered but Uninsured

Prudent professionals maintain different types of insurance to protect against various risks. Some typical policies for professionals may include D&O, cyber, and/or E&O policies. The foregoing policies and others may overlap, while others allow gaps for claims that would not be covered. It is incumbent upon each professional to purchase the perfect mix applicable to her practice; there is no one size fits all and more is not necessarily sufficient. Although multiple policies may fit together seamlessly to form a safety net, other policies allow …

September 27, 2013 Ethics

Arbitrator’s Conflict Voids Arbitration Award

We previously warned of the risk that settlements purportedly achieved at mediation may unhinge due to the failure to document the settlement terms. Along those lines, a recent decision highlights the effect of an arbitrator’s failure to disclose his connection to a party. Many attorneys are chosen as an arbitrator due to their reputation in the community or personal/business relationships. Accordingly, there may be some heightened risks of potential conflicts, as seen here.

That problem came to a head in Mt. Holyoke Homes, L.P. v. …

April 29, 2013 Cyber-Liability

You’ve Just Been Hacked, Now What?

All professionals utilize computers in the workplace. These devices are a must for providing professional services, meeting customer needs, marketing, billing functions and countless other tools available to professionals through the use of computer equipment. Make no mistake, however, the very equipment that is so crucial to your business is under cyber-attack and is constantly at risk of a virus or hack. Yet, inexplicably, 25% of all computers worldwide are not adequately protected. Professionals cannot afford to be a victim of cyber-liability.

According to Microsoft…