Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his former lawyer of engaging in a conspiracy to improperly charge him inflated legal fees to cover high-interest litigation loans. In the underlying … Continued
The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the second lawyer of three representing homeowners in an action against their insurance company for breach of contract and consumer fraud … Continued
A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured defendant, the applicable policy limits and coverage terms play a large role in shaping the litigation. In a … Continued
A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for years to become the central New York county’s longest-running court case. The plaintiff claimed in her lawsuit that … Continued
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 … Continued
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, … Continued
In a novel move, Big 4 accounting firm KPMG has taken the first step in seeking to own and operate a law firm in the United States. Although permitted in other countries, the United States generally prohibits non-lawyers from owning a law firm. In 2020, however, Arizona became the first state to relax that standard … Continued
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, … Continued
As the digital landscape continues to evolve, so do the challenges surrounding privacy and data protection, particularly in the legal profession. Law firms are increasingly handling sensitive client information, creating potential pitfalls that could lead to legal malpractice claims if not managed properly. This blog post delves into emerging trends in privacy and data protection … Continued
FACTS OF THE UNDERLYING ACTION On September 6, 2024, an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the Ethereum blockchain, allegedly “invented the ‘Utility Token’ and a structured method for selling these new digital assets … Continued