Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
The Corporate Transparency Act (CTA) became effective as of January 1, 2024. According to Jonathan Ziss, co-chair of Goldberg Segalla’s Management & Professional Liability practice group, in an article recently published in the Pennsylvania CPA Journal, CTA compliance is critical to avoid the “unauthorized practice of law” and other professional liability concerns.
Read Jonathan’s article here.
This article was originally written in the Pennsylvania CPA Journal.…
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Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume. According to data compiled by Ames & Gough, factors such as runaway verdicts and litigation financing have contributed to the rise in settlements. Those factors are among several accounting for a concept most readers are undoubtedly all too familiar with: social inflation, the increase of claims costs beyond the economic inflation so often in the …
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The new, must-listen podcast for all things management and professional liability, “The Precipice,” is back for the second 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 second episode of “The Precipice,” Peter is joined by Kelly Geary, managing principal with EPIC Insurance Brokers …
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That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania.
It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some jurisdictions, especially those that permit a litigant to pursue tort as well as a breach of contract theory in these scenarios.
A dual theory approach may …
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On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.”
The fall of non-competes removes one of the more effective tools businesses have to protect their trade secrets by stopping employees from taking confidential information straight to a competitor. How, then, should companies with intellectual property to protect respond?
First, Sit Tight
This legislation has yet to be tested in …
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The practice of law is not one-size-fits-all. For better or worse, attorneys are generally free to conduct their business as they see fit: working from home, in a traditional office, in large firms, solo practitioners, different practice areas, and different tools. We are guided by certain rules, of course, including the obligation to represent clients competently through technological familiarity. For those who had yet to do so before, we shifted to a remote environment during COVID-19, which forced firms to implement immediate work-from-home mandates and …
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For professionals concerned about the evolving landscape of management and professional liability, there is a new resource you will not want to miss: “The Precipice” podcast, hosted by Goldberg Segalla Partner Peter J. Biging, and presented by the Professional Liability Underwriting Society (PLUS). “The Precipice” offers in-depth conversations with industry leaders, claims experts, and top lawyers involved in handling management and professional liability claims.
On the first episode of “The Precipice,” Peter explores the management and professional liability challenges unique to modern attorney advertising, with …
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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. …
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As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New York Appellate Division decisions relevant to the issue of insurance broker Errors and Omissions (E&O).
The first matter is an Appellate Division, Second Department decision (Ewart v. Allstate Ins. Co., 2023 BL 477206 (N.Y. App. Div., 2nd Dep’t, Nov. 29, 2023) affirming dismissal of a breach …
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The Pennsylvania Office of Disciplinary Counsel has accused a Philadelphia attorney of initiating a high-profile lawsuit without client authorization.
Reportedly, the attorney filed suit on behalf of the father of a deceased boy who was killed by a Philadelphia police officer. However, according to the Disciplinary Board, counsel was never engaged for that purpose.
In the petition [HERE], the board alleges that counsel never met, nor spoke, with his purported client prior to filing. It is an uncomfortable situation that brings up some …
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