Football season kicks off Thursday, September 5. As a result, millions of otherwise well-respected and seemingly professional Americans turn their attention to a grown-up version of make believe; a/k/a fantasy sports. Over 25 million Americans now belong to at least one fantasy football league and fantasy sports represent a multibillion dollar industry. Surveys suggest that many of those fantasy football participants access their league at the workplace, on equipment provided by employers. Most employers are cognizant of the importance of maintaining up-to-date computer use …
Continue ReadingAuthor: Seth L. Laver
Responding to Legal Audit Letters = Risk Management Headache
As many of you probably know, auditing standards require that an auditor confer with the attorneys for the audited entity about certain types of loss contingencies, such as pending litigation and unasserted claims. During this process, the audited entity/client asks that its attorneys respond to the “legal audit letter.” Some attorneys may view this procedure as cumbersome and perhaps even annoying, but it is a required element of the auditing process and must be taken seriously. This is especially so because the attorney’s response …
Continue ReadingWhen a Settlement Unhinges: Failure to Document a Mediated Agreement
Mediation is intended to facilitate the expeditious resolution of disputes. Often, mediation offers the ideal setting to promote productive conversation and settlement discussions. Skilled mediators know the right buttons to press, highlight strengths and weaknesses, and allow the parties an opportunity to “be heard,” all of which can go a long way toward settling a dispute. But, mediation does not always go as intended particularly when the terms of a proposed agreement are not documented.
In Willingboro Mall v. Franklin Avenue, available here, …
Continue ReadingThe Inevitable Question: Who Hired You?
Invariably, during the representation of a professional, defense counsel may be asked by his or her adversary: who hired you? For a variety of reasons, opposing counsel may be interested in whether you were retained directly by the professional or you were appointed as defense counsel by an insurance company. A perfectly reasonable and appropriate response to this question could be: it’s none of your business.
In most scenarios, the identify of who pays an attorney’s invoices is not considered privileged information. In other words, …
Continue ReadingLessons Associated with the Professional Liability Insurance Application
All professionals who maintain professional liability insurance are familiar with the insurance application. When completing the application, professionals must make decisions regarding the type and amount of coverage, and the costs for the premium and deductible. Moreover, the professional must provide information that the insurance company’s underwriter will rely upon to weigh the risks of insuring that professional. Notably, many PL applications request historical information regarding threatened or potential litigation. This question, perhaps more than others, has led to significant coverage issues and presents a …
Continue ReadingTime to Revisit your Password
It is time to revisit your password because it may be susceptible to an easy hack. The risk of cyber loss is well documented. We’ve routinely warned of these risks previously and, no doubt, will continue to do so because cyber losses are reportedly increasing, and the cost to recover from a data breach can be staggering. All professionals maintain personally identifiable data that would be a goldmine to hackers. Most professionals – hopefully all – at the very least utilize the most fundamental type …
Continue ReadingLife for the Employer After a Discrimination Claim
The workplace is often incredibly uncomfortable following an employee’s claim of work-related discrimination. The employer must balance its goal of productivity and profit while maintaining employee morale and equality on the job. At times, an employer facing a charge of discrimination may feel hamstrung by the looming charge and may permit employee conduct that was otherwise sanctionable out of fear of what may be perceived as retaliation against the employee for filing a charge. But, as the recent decision out of the Seventh Circuit proves, …
Continue ReadingABA’s Blawg 100 – Nominations Due August 9th
The ABA Journal is putting together its annual list of the 100 best legal blogs, based on reader votes. As publishers of Professional Liability Matters, we are proud to be considered for this prestigious list — and we would be honored if you would help. If you enjoy visiting Professional Liability Matters, and believe it is worthy of industry recognition, please click here to visit the ABA Blawg 100 Amici page and nominate us before the August 9 deadline. Thank you!…
Continue ReadingUnringing the Bell: Clawback Provisions and Inadvertent Document Production
Technological advancements have prompted an explosion in electronically stored information (ESI). A single laptop computer is capable of holding more than 2,000 banker’s boxes of paper, and a smart phone with 16 GB of memory can hold roughly the equivalent of 1,000,000 printed pages. Given the potential value of this data, litigants are routinely requesting ESI during discovery. At the same time, lawyers responding to these requests are faced with the Herculean task of sorting through mountains of evidence to remove privileged or confidential documents. …
Continue ReadingThe Power of the Conflict of Interest Waiver
A vast majority of professional malpractice matters arise from an alleged conflict of interest. Legal malpractice claims, for example, most frequently involve conflicts of interest; a whopping 46% according to a recent study. Perhaps this is no surprise. According to one scholar, the “exercise of his independent professional judgment” goes to the “heart of the skills” which a professional offers to his client. Thus, lawsuits typically follow in the event of a breach – or perceived breach – of that independence. Of course, …
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