Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
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 …
The United States District Court for the District of New Jersey reiterated the importance of standing and reviewed its application to the Fair Debt Collection Practices Act in the matter of George v. Rushmore Serv. Ctr., LLC, 2024 U.S. App. LEXIS 20303 (Aug. 13, 2024 3d Cir.). In 2013, the plaintiff opened a credit card …
In the Internet era, every firm has a risk of copyright infringement. Employees copy and paste photos from the internet or embed social media posts to the company’s website or into a press release or news article. Images stored on the company server are renamed, and the scope of rights are no longer ascertainable. Artwork …
The Superior Court of Pennsylvania recently affirmed the summary judgment dismissal of a multi-million-dollar legal malpractice case against a Pennsylvania attorney defended by Goldberg Segalla. The victory — secured by partner Seth Laver with assistance from partner Daniel Strick and attorney Joseph Ross — was particularly significant in that it involved complex, underlying issues and was heard in the often-difficult Philadelphia …
Stellar defense work by Goldberg Segalla partner Christopher F. Lyon and associate Matthew H. Feinberg secured in New York Supreme Court the dismissal of a claim brought against our client in a legal malpractice action. The case was filed by a plaintiff who sued her former attorneys for allegedly failing to add in a timely manner a volunteer ambulance …
Goldberg Segalla partner Christopher F. Lyon’s persistence earned a significant victory for both an accounting firm and accountant accused of professional negligence and fraud. The court granted reconsideration and upon reconsideration granted the motion for summary judgment, and the claims were dismissed in their entirety with prejudice. While an appeal is expected, this was a major …
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 …
In a recently published article for CLM Magazine, Goldberg Segalla’s Jonathan S. Ziss highlights the best practices for establishing and maintaining an effective attorney-client relationship in a piece entitled, “Representing the Not-for-Profit Board.” Jonathan noted that most of these best practices are most applicable to smaller organizations led by boards mainly comprised of volunteer amateur …
The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). In Dwyer v. Ameriprise Fin., Inc., 313 A.3d 969 (2024), the Pennsylvania Supreme Court addressed whether the award of treble damages under the UTPCPL …
The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that agreements between real estate salespersons and the brokers they work with are controlling as to whether the salesperson is an employee …