Category: Law Practice Management

Many of us probably realized in law school the answer is often “it depends.” The specific fact-patterns shift the issues or trigger exceptions to the rule. Attorneys make a living navigating in those gray areas when the answer is not obvious. This is true in litigation, transactional matters, contracts and disciplinary proceedings, too. A recent grievance proceeding proves that some points may seem so obvious that they are not worth mentioning, such as don’t hire hackers to spy on the presiding judge and don’t collude …

The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members – i.e. the employees – may misunderstand the attorney’s role or otherwise misinterpret the attorney’s guidance intended for the organization.

Typically, it is quite simple to define an attorney-client relationship. A client engages an attorney for a particular task and executes a clear and focused engagement agreement. Of course, miscommunications or …

Peter J. Biging, partner and co-chair of Goldberg Segalla’s Management and Professional Liability practice group, hosts the fourth episode of “The Precipice,” a podcast series presented by the Professional Liability Underwriting Society (PLUS).

The guests for this episode include Mark Bunim, arbitrator and mediator for Case Closure LLC, Jennifer Lupo, managing member for Lupo Law, Arbitration & Mediation LLC, and Theo Cheng, arbitrator and mediator for ADR Office of Theo Chang.

LISTEN TO THE FULL PODCAST HERE: “PLUS Podcast: The Precipice Episode 4,” …

The must-listen podcast for all things management and professional liability, “The Precipice,” is back for the third episode of the series. “The Precipice,” hosted by Goldberg Segalla partner Peter J. Biging and presented by the Professional Liability Underwriting Society (PLUS), is a tremendous resource for professionals through in-depth conversations with industry leaders, claims experts, and top attorneys involved in handling management and professional liability claims.

On the third episode of “The Precipice,” Peter is joined by Megan Zurn, a claims manager for AXA XL’s commercial …

Read the rules.

Let’s say it again: Read. The. Rules.

On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and admitting a mistake when given the chance.

In Promptu Systems Corp. v. Comcast Cable Communications, LLC, U.S.C.A Fed Cir. No. 2022-1093, counsel for one of the appellees incorporated by reference in a footnote nearly 2,000 words from a prior brief filed in a related case. …

Goldberg Segalla’s Seth L. Laver, in an article written for Attorney Protective, provides insight to attorneys on proper case-closing procedures.

“Best practices mandate that all professionals, notably attorneys, engage in a series of important tasks when closing a file,” said Seth, a partner in the firm’s Management and Professional Liability practice and vice-chair of its Accountants Professional Liability practice.

“Poor practices at the end of an assignment,” he added, “can lead to conflicts issues, document retention woes, client confusion or worse.”

An effective …

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 …