Professional Liability Matters - Page 26 of 69

LATEST INSIGHTS

June 1, 2016 • Privileges, Professional Liability Matters

Duties of the Unintended Email Recipient

Model Rule of Professional Conduct 1.6(c) provides that “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure” of client information. Generally that isn’t too difficult but things get complicated when it comes to electronic communication. Over 220 billion e-mails are delivered each day. According to reports, e-mail remains the most “pervasive form of communication in the business world.” Given the rampant use of e-mail, eventually there will be mistakes: your e-mail will land in the wrong hands or you will receive an e-mail meant for someone else. In some cases, the disclosure can be harmless, but what happens when the information lands in the hands of counsel for your adversary?

May 27, 2016 • Advertising, Professional Liability Matters

Just How Super Are You? Advertising for Super Lawyers

We work hard. We achieve results. We want to develop business as a result of those successes. That’s all understandable since self-promotion is an important part of the development of professionals. By touting personal achievements, professionals are better able to position themselves to compete for new clients. Not surprisingly, many professionals include personal accolades in advertising materials. While the use of awards may be an effective advertising tool, if can also lead to ethical violations when done improperly.

May 25, 2016 • Director and Officer Liability, Professional Liability Matters

Facebook’s D&O Lesson

Just like in life, directors must sometimes decide between taking what seems to be an unnecessarily formal route, or simply reaching the inevitable conclusion. Anyone who has spent an entire day putting together IKEA furniture only to finish with a few “leftover” screws can certainly understand that completion is often more important than the path it took to get there. However, the Delaware Chancery Court has made clear that when it comes to director liability, “no harm, no foul” is not the rule of law.

May 19, 2016 • Professional Liability Matters, Trial Tactics

Lawyer’s Privacy Concerns Trumped by Public Persona?

In a recent and ongoing case out of California, a successful attorney’s highly visible public profile may have contributed to a judge ordering the disclosure of the attorney’s personal financial records in relation to a malpractice action initiated against the attorney. A Los Angeles plaintiff’s attorney was recently sued by 28 former clients, who allege that the attorney misappropriated more than $12.5 million of settlement funds. The plaintiffs claim that their former attorney never informed them of the terms of the $17 million settlement agreement, or provided accounting records related to the allocation of the settlement funds.

May 18, 2016 • Legal Malpractice, Professional Liability Matters, Risk Management

When Clients Turn on their Lawyers

Have you heard of the “Pharma Bro”; the CEO who, according to reports, notoriously purchased a drug used to treat AIDS patients only to dramatically increase its price? He’s made considerable press recently and now he’s turning on his lawyers. In a recent hearing, lawyers for pharmaceutical hedge fund manager Martin Shkreli requested a delay in scheduling trial as they contemplate asserting “reliance of counsel” as a defense.

May 17, 2016 • Employment Practices Liability, Professional Liability Matters

Final Word on Employer Wellness Plans

Employee wellness plans are a hot item these days. Increasingly, wellness plans are seen as a benefit to both employees and employers alike. As many employers jump on the bandwagon of this growing health trend, they should be aware of the other legal implications of creating and implementing these programs within their company. For example, a popular topic ever since the EEOC issued its proposed regulations last year has been how employee wellness programs can comply with existing regulations such as the ADA and Title II of the Genetic Information Nondiscrimination Act (GINA). Well now it’s time for employers to take note because the EEOC has just finalized its rules in this regard.

May 12, 2016 • Ethics, Professional Liability Matters

The Ethical Breakup: How to Switch Firms

It’s just business, right? Not when it comes to the ethical and professional requirements associated with the transition to a new professional practice. Many professionals are seeking to expand their practice, or move, or add partners in an effort to acquire new talent. Some firms are streamlining and shrinking their practice. Under the right circumstances, departures may lead to mutually beneficial business opportunities for the departing professional and the former firm. In other cases, however, the actions taken by departing professionals could lead to costly litigation.

May 5, 2016 • Legal Malpractice, Professional Liability Matters

Liability for Failure to Report Misconduct

Many professionals are bound by a code of professional conduct. Sure, we have to play by the rules but those rules may require that we ensure others do as well. In a recent opinion, the Supreme Court of Ohio Board of Professional Conduct considered the circumstances in which an attorney is required to report rule violations by others. The Board addresses two specific questions in its opinion: (a) whether a lawyer prosecuting a malpractice case is obligated to report the defendant lawyer to the disciplinary authority and (b) whether the information acquired form the client regarding their prior lawyer’s conduct is privileged, thereby eliminating any duty to report.

May 4, 2016 • Ethics, Privileges, Professional Liability Matters

Attorney Uses Confidential Info to Complete Insider Trades

The concern for the public’s trust in the legal profession remains a core goal of attorney ethics committees nationwide. Especially with the ease of accessing confidential information, attorney’s protection of client data has truly come into focus in recent years. This week, the Kentucky Supreme Court will decide whether an attorney will be permitted to continue his career in light of allegations that he used confidential client information to complete insider trades. The Kentucky Board of Professional Conduct recommended that the attorney be suspended for two years.

May 3, 2016 • Legal Malpractice, Professional Liability Matters

The Garden State: Malpractice Fee Shifting in NJ

New Jersey is known for its beaches and its tomatoes. In the malpractice community, New Jersey is also known for its unique rules on fee shifting. New Jersey allows successful litigants in attorney malpractice suits to recover as consequential damages the legal expenses and attorneys’ fees they incur in prosecuting the claim. We previously reported on the case of Innes v. Marzano-Lesnevich, pending before the New Jersey Supreme Court that could potentially expand the rules on fee shifting in malpractice cases. Well, the New Jersey Supreme Court has spoken and any attorney practicing in New Jersey should be aware of the outcome.