Professional Liability Matters

May 1, 2024 Legal Malpractice

Does the Statute of Limitations Ever Apply in Legal Malpractice?

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 …

Legal form concept : Blue pen and a non compete contract on a clipboard. Noncompete contract is an agreement between employee and employer, not to enter into competition in subsequence business effort

April 25, 2024 Miscellaneous Professionals

Tips on Protecting Trade Secrets after FTC Bans Non-competes

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 …

Abstract program code on the digital display

March 12, 2024 Law Practice Management / Technology

Use of AI Results in Attorney Suspension

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 …

Shot of a businessman and businesswoman shaking hands in a modern office

March 12, 2024 Miscellaneous Professionals

Navigate the Complex World of Management & Professional Liability with “The Precipice” Podcast

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 …

February 27, 2024 Law Practice Management

Avoid Sanctions by Reading the Rules and Admitting a Mistake

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. …

February 15, 2024 Miscellaneous Professionals / Risk Management

Recent Agent Breach of Contract Decisions of Note

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., 2^nd Dep’t, Nov. 29, 2023) affirming dismissal of a breach …

Businessman holding files against his suit

February 15, 2024 Risk Management

Representation without Representation?

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 …

January 22, 2024 Risk Management

Brokers Better Be Ready for Bitcoin ETFs

KEY TAKEAWAYS:

The U.S. Securities and Exchange Commission (SEC) has approved the first spot Bitcoin ETFs, also known as an exchange-traded product (ETP).
With the SEC now permitting spot Bitcoin ETFs, brokers must become deeply familiar with the various cryptocurrencies to minimize the risks.
Clients will rely upon brokers to guide them through these uncharted waters, and being prepared is key.

The theory of an Exchange-Traded Fund (ETF) is not novel. An ETF is a bundle of securities you sell or buy through a brokerage firm …

December 22, 2023 Ethics

Goldberg Segalla Explores Ethics of Attorneys Accepting Cryptocurrency in Law360 Article

Are attorneys ethically permitted to receive advanced fees in cryptocurrency?

Goldberg Segalla attorneys Matthew H. Feinberg and Jeffrey Cunningham of the firm’s Management and Professional Liability practice group address this question in an article for Law360.

Matt and Jeff analyzed ethics opinions on cryptocurrency from the American Bar Association, Nebraska’s Lawyer’s Advisory Committee, New York City Bar Association, Virginia Bar Association, North Carolina State Bar Association, D.C. Bar Association, and Maryland Bar Association.

Based on their analysis, the attorneys conclude that accepting cryptocurrency in …

November 8, 2023 Law Practice Management

Seth Laver Provides Guidance on Properly Closing a File with Attorney Protective

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 …