Secret Video Exposes Expert Witness to Criminal Proceedings

A New York state judge recently provided a compelling reminder of the serious ramifications for failing to provide truthful testimony on the stand.  The focus of Queens Supreme Court Justice Duane Hart’s admonition was an orthopedist routinely hired to assist in the defense of personal injury cases. When the court discovered through a hidden camera recording that the expert’s testimony was exaggerated at best – or an outright lie at worst – the court ordered a mistrial and directed his attention to potential criminal …

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Here’s to an Uneventful Fourth of July

July 4 is not the ideal time to consider insurance but for too many it is a reality. By way of a reminder, after voting for independence on July 2, 1776, in the midst of the American Revolution, Congress turned its attention to the Declaration of Independence.  The document was a statement explaining this decision, which had been prepared by a committee led by Thomas Jefferson. Congress debated and revised the wording of the Declaration, finally approving it on July 4, 1776.  …

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The Insurance “Conspiracy” Facing A-Rod and the Yankees

Alex Rodriguez is widely considered one of the greatest baseball players of his generation, but much of his career is filled with controversy. The most recent debate concerns A-Rod’s receipt of a hefty salary from the Yankees although he has not played a single game this year. Reportedly, the 12-time All Star is now grumbling that the Yankees are intent on keeping him off of the field so as to trigger insurance dollars. In December 2007, Rodriguez and the Yankees agreed to a 10-year, $275 …

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Is Three a Crowd? The Intersection between Attorney-Client and Spousal Privileges

The attorney-client privilege is among the oldest and most established evidentiary privileges in law. Although it is perhaps the most frequently cited privilege, it certainly is not the only grounds to object to the disclosure of a client’s communications.  Spouses also enjoy a special relationship that justifies withholding certain communications. Under the so-called “spousal communications privilege,” a/k/a “marital privilege,” confidential communications between spouses may be protected from disclosure in civil and criminal cases.  But what happens when the attorney-client and …

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Non-Profits at Risk: Unprepared and Underinsured

A recent study suggests that the non-profit sector is generally underinsured and unprepared for liability risks.  In its Nonprofit Risk Survey, available here an international risk advisor concluded that nonprofits are not allocating enough dollars to properly protect against risk.  Far too many non-profits have not completed an independent risk assessment meaning that they are unaware of their vulnerabilities.  Since many non-profits surveyed are purchasing the bare minimum coverage, this is a recipe for disaster.

Reportedly, non-profits are particularly susceptible to media liability, network …

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Anatomy of a Ponzi Scheme in a Post-Madoff World

The Ponzi scheme expired with the arrest of Bernie Madoff, right? Absolutely not. Ponzi schemes are alive and well.  Many of these scams are reported but presumably many go unnoticed as criminals target the unsuspecting of millions.  Apparently, Madoff’s 2008 arrest did little to dissuade others from engaging in similar crimes, although on a lesser scale. According to the SEC, which compiles Ponzi scheme data, these crimes continue at a disheartening rate. 

A Ponzi scheme is an investment fraud that involves the payment of …

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Alleged Conflict of Interest Leads to Malpractice Suit

A prestigious and well regarded Philadelphia based law firm was recently named in a multi-million dollar malpractice lawsuit arising from an alleged conflict of interest. The plaintiff alleges that the firm’s relationship with her ex-husband’s employer resulted in a less than favorable outcome in her divorce proceedings.  In 2009, the plaintiff wife retained the law firm’s matrimonial group to represent her in divorcing her husband who held a high position at Morgan Stanley. While the divorce case was proceeding, the law firm was retained …

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Insurers’ Communications Protected by Attorney-Client Privilege

A recent decision provides insight on the application of the attorney-client privilege to communications between an insurance professional, who was also an attorney, and the insured. Generally, all claims are assigned to an insurance professional to monitor and, if applicable, to strategize with insurance-appointed counsel.  It is widely accepted that communications between defense counsel, the insurer, and the insured are protected by the attorney-client privilege pursuant to the so-called tripartite relationship.  However, there is no privilege that applies to communications only between insurer and insured. …

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Collection Proceedings against Clients Often = Malpractice

Ever hear the cruel joke about a thankless client who achieves a wonderful settlement through her attorney’s legal prowess only to terminate the lawyer before the settlement ink is dry? Well, for some unfortunate attorneys it’s a reality. Attorneys in this pickle face the unenviable decision of whether to initiate a collection action against the former client to collect on unpaid legal bills or to sue under a quantum meruit theory. Reportedly, however, fee disputes are at the heart of a significant percentage of …

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Failure to Disclose Jeopardizes Coverage in Hefty Malpractice Claim

A law firm’s failure to disclose a potential claim on its insurance application may act as a waiver of coverage.  Lloyd’s of London recently argued that coverage did not apply to a California based law firm in a multi-million dollar legal malpractice action.  According to Lloyd’s, the professional liability insurance policy contained an exclusion for claims the firm knew or reasonably should have known about prior to the effective date of the policy.  At the time the law firm procured the policy, an attorney from …

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