Employers will implement various tools to increase productivity and efficiency, to generate profit, and to create a comfortable office environment. Some employers are utilizing new surveillance systems in the office to achieve these goals, an issue that was recently addressed in the New York Times. Today, the run-of-the-mill security camera is passé. Instead, new technologies track seemingly unlimited data about employees, including the amount and nature of employee interaction with co-workers, clients and customers. This is particularly popular in restaurants, retail stores, and other …
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The Litigation Privilege: Who, What, When and Where?
Anything you say can and will be used against you. Well, not always. Attorneys, litigants, and experts may be immune from liability arising from certain acts and statements made in connection with the pursuit of litigation in light of the litigation privilege. This privilege can provide an important and useful defense for professionals. But what is it and when may it be asserted? Read on to find out.
The litigation privilege, or the “judicial privilege,” is a deeply rooted doctrine established to allow attorneys, experts …
Continue ReadingPrivilege Issues When Attorneys Consult with Attorneys
Attorneys need help too. When issues arise during an attorney-client relationship, attorneys may consult with colleagues about the representation. Some firms rely upon outside counsel to serve this function. Other firms maintain an internal team of attorneys designated to address such issues. Either practice is considered good risk management. But, the application of the attorney-client privilege to these communications is not entirely clear and may vary amongst the jurisdiction. We discussed this issue previously, here. In a recent decision, the Oregon Supreme Court held …
Continue ReadingDoes Bitcoin Make Cents? Evaluating New Payment Options For Your Firm
Recently, a New York law firm made news when it announced that it would begin accepting Bitcoin as payment. The firm will partner with a Bitcoin payment processing company who will host the firm’s payment system and assist the firm in converting digital currency payments into fiat currency. Other professionals are taking notice, and are permitting clients to pay for legal services using Bitcoin. Should you?
Bitcoin is a decentralized digital currency based on a mathematical algorithm. Bitcoin can be bought or sold online, and …
Continue ReadingC.E.Oh No. Titles Firms Should Avoid
Attorneys, architects, accountants, engineers, insurance brokers and agents are all business-persons. Some of these professionals balance their professional obligations on the one hand with business obligations on the other. Pay bills, manage staff, execute leases, develop operational strategy. For some professionals overwhelmed by the business side of running a professional organization, an option is to rely upon laypersons for help. Indeed, it is not uncommon for firms to hire individuals to head up operations, some who may be designated with prestigious titles: CEO or COO. …
Continue ReadingThe Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now Available
Please click here for the latest edition of Professional Liability Monthly.
Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from across the country concerning professional liability. Cases are organized by topic, and where available, hyperlinks to the full decisions are included. In addition, we highlight the latest news impacting the professional liability community.
If you would like to receive future editions of Professional Liability Monthly directly by email, please contact Brian Biggie at[email protected].…
Continue ReadingHigh Times: Marijuana in Today’s Workplace
America’s evolving perception of marijuana use is impacting the office setting. While the use of marijuana in the US is illegal under federal law, a state may pass laws permitting recreational or medical use so long as it maintains a proper regulatory system. Does this present a conflict amongst the courts and a headache for employers? You bet. Today, twenty-one states and DC permit the use of medical marijuana, and four more states have medical marijuana legislation pending. Given these developments and others on …
Continue ReadingHire Me; I’m a SuperLawyer. Ethics & SuperLawyer Advertising
It’s that time of year again. Every summer, SuperLawyers® publishes its list of the “top” attorneys and Rising Stars across the country. Many attorneys included in the publication incorporate the designation into their biographies or otherwise notify clients and prospects of the honor. Like any form of attorney marketing, however, attorneys must be careful to comply with the applicable ethical rules governing advertising when referencing SuperLawyers®.
According to its website, SuperLawyers® uses a “patented multiphase selection process” to identify the top lawyers by practice …
Continue ReadingWhen Tempers Flare: Liability Arising from Deposition Fight?
Litigation can get heated. Tempers may flare when the stakes are high and the result can be contentious exchanges amongst counsel. Sure, the adversarial nature of litigation is to be expected (and welcomed by some practitioners), but there is a line in the sand. Some cross that line and make things personal. What to do when things spiral out of control? Can insults form the basis for a separate suit amongst counsel?
The New York Appellate Division considered this issue and concluded that a particularly …
Continue ReadingThe Target Data Breach Litigation Begins
In November 2013, in the midst of the holiday shopping season, hackers targeted Target Corporation with one of the largest security breaches of its kind. The hackers installed malware on the company’s security and payment systems to steal credit card information. The result impacted over 100 million customers. Given the magnitude of the breach, it may be surprising to learn that Target had prepared for an attack. It invested over $1.5 million in malware detection software in 2013 alone and hired a leading security firm …
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