Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
AI is everywhere. An incredible resource for some, but for others, maybe a bit annoying that everyone seems to be talking about it. Lawyers are no exception as we adapt to a new legal landscape. In a recent decision out of the Southern District of New York, the court held that a defendant’s AI searches …
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 …
For many organizations, using third-party content in websites, blogs, and other marketing materials is part of everyday operations. While convenient, subtle differences in how that content is sourced and used can significantly affect a business’s potential copyright exposure. Read Matthew Trokenheim’s full piece here.
Artificial intelligence enables the DIY spirit. This is certainly clear in the realm of pro se litigants, who with Claude or ChatGPT as their “CoPilot”, can generate passable pleadings and motions, stipulations, and even respectable – if often stilted – correspondence to courts. Eager to keep more of their winnings by avoiding contingency fees, pro se …
New York State has amended its Fair Credit Reporting Act to prohibit most employers from using credit history information in employment decisions, with the new restrictions taking effect April 18. Employers should take the necessary steps to reassess hiring and screening practices and ensure compliance. This development expands existing restrictions and reflects a broader regulatory …
Of all classes of attorneys, those who handle real estate transactions are some of the most vulnerable to a legal malpractice suit. We have previously posted about the trend highlighted by the ABA that a higher percentage of professional liability claims arise from real estate dealings than almost any other class of attorney. A recent …
A New York family law judge charged with misconduct by the local judicial commission recently agreed to retire from the bench. The judge faced charges of failure to disclose conflicts with attorneys who frequently appeared before her. As alleged, the judge frequently exchanged text messages, socialized, traveled internationally, and otherwise interacted socially with attorneys (and …
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 …
One of the questions that must always be considered with regard to professional liability claims is when the claim accrues for purposes of applicable statutes of limitations. In insurance broker E&O claims involving policies that fail to provide the requested coverage, plaintiffs have often unsuccessfully argued that the claim should accrue at the time the …
The United States Securities and Exchange Commission (SEC) on Dec. 17 issued a statement noting its position on the applicability of Rule 15c3-3 regarding broker-dealers that hold crypto asset securities, including such things as debt securities, or tokenized equity, on behalf of customers. The statement provides that the SEC’s staff of the Division of Trading …