Professional Liability Matters

Lawyers routinely rely on existing materials in their day-to-day practice. We quote from judicial opinions, borrow from prior briefs, and incorporate language from other filings when it is useful or persuasive. We also attach and reproduce third-party content – such as articles, website pages, and excerpts from books – as exhibits in support of our …

Recently we have written about some of the pitfalls associated with litigation funding when it comes to attorney liability (see here). Thereafter, we discussed how a New York appellate court, for the first time, affirmed the discoverability of litigation funding agreements (see here). But even more recently, New York Governor Kathy Hochul signed the Consumer …

We’ve addressed some potential pitfalls in the past associated with litigation funding when it comes to attorney liability, including ethical considerations. (See HERE and HERE) Recently, a New York intermediate appeals court has affirmed a trial court’s order, holding the trial court correctly allowed defendants to seek materials related to the funding of plaintiffs’ litigation. …

Over the past decade, there has been a substantial rise in the number of attorneys using litigation funding to help prosecute or defend a case. This area is largely unregulated in New York. While this new way of practicing law might help lawyers advocate for clients, it could open a lawyer to liability from the lender, …

In a word, attorneys are advocates. Our role is to effectively represent our clients with an eye toward accomplishing the client’s goals. There are many resources available for us to do so, but there are also limits. One resource is the media and not just necessarily social media but old school, newsprint and other news …

Non-profit boards are the backbone of countless community institutions – from homeowners associations and religious congregations to private schools and arts organizations. Yet, when these boards face litigation, the dynamics of representation differ significantly from those in the corporate world. Defense counsel must not only manage legal strategy but also navigate the interpersonal and structural …

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 …

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, …

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, …

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 …