Professional Liability Matters - Page 40 of 69

LATEST INSIGHTS

February 18, 2015 • Professional Liability Matters, Technology

Technology in the Courtroom – The Dos and Don’ts

Stuck in court but want to use your tablet to respond to a client e-mail? Waiting for your case to be called and want to send a tweet from your phone? Is this sort of conduct permissible in the courtroom? Nowadays, it is anyone’s guess. Smartphones and tablets have become indispensable in the legal world, but the law regarding electronic communications sent from the courtroom is still in flux. The New Jersey Supreme Court’s proposed Guidelines on Electronic Devices in the Courtroom, which have yet to take effect, aim to provide some guidance in this realm. Now, if you want to scroll and tap on your mobile device in the courtroom, keep these new rules in mind.

February 3, 2015 • Ethics, Professional Liability Matters

Friendly Reminder: Don’t Lie to Clients

Professional Liability Matters would have considerably less content to discuss but for professionals who break seemingly obvious rules. For example, some would think that it goes without saying that a professional can’t lie to clients. Yet, a recent New Jersey ethics decision is proof positive that professionals don’t always follow the rules, even the easy ones.

January 26, 2015 • Cyber-Liability, Employment Practices Liability, Professional Liability Matters

Employer Liability for Privacy Breach?

Professionals are often entrusted with confidential information. Ethical rules as well as federal and state laws limit when such information may be accessed by professionals and under what circumstances it may be disseminated. Sure, professionals may be held accountable for errors that result in the unintended disclosure of confidential or sensitive data. However, liability is not limited to the professional directly responsible for the breach; rather, employers may be on the hook too. In fact, the employer may be responsible even if the employee’s conduct was illegal or in violation of company policy.

January 22, 2015 • Cyber-Liability, Professional Liability Matters

National Cyber-Security: The President Weighs In

Data breaches and cyber-security issues are hot topics. Any company that utilizes electronic means to conduct business, obtain and store information or customer data is subject to the risk of a data breach. The effects of a breach can be devastating. We have recently blogged about practice pointers and tips for companies and boards of directors to be gleaned from high-profile breaches such as the one facing Sony. Against the backdrop, President Obama weighed-in on the significance of cyber crime.

January 20, 2015 • Professional Liability Matters, Risk Management, Technology

No More “Signing” on the Dotted Line

E-mails rule the business world. Due in part to the sheer volume of e-mails we receive, many professionals use standardized email signatures, which are automatically inserted at the bottom of an email. The shift to more transactions occurring by email raises the question: what constitutes a legally binding signature? A recent decision by the California Court of Appeals addressed the issue of when an e-mail may constitute a binding signature. The decision underscores the importance of understanding the validity of electronic signatures and the statutory requirements for your jurisdiction.

January 16, 2015 • Ethics, Law Practice Management, Professional Liability Matters

Ain’t Nothin’ But A “G”ift Thing – Ethics of Accepting Client Gifts

Rapper Dr. Dre recently made headlines when he gifted each member of his legal team a holiday “bonus,” in sums of $10,000 and up. While undoubtedly very generous, is such a grand gesture from a client to an attorney ethically permissible? It depends.

January 13, 2015 • Employment Practices Liability, Professional Liability Matters

Company Wellness Programs: More To Love or The Biggest Loser?

Reportedly nearly 2/3 of us resolve each new year to improve our fitness level (yet ¾ of us don’t achieve that goal). Maybe our employers can help? Employers are beginning to offer financial incentives to workers who take part in wellness programs that include screenings for blood pressure, cholesterol and body mass index. But, these programs are under scrutiny by the EEOC, which recently filed suit targeting wellness programs deemed involuntary. The lawsuits bring into focus what seem consider an inconsistency between the Affordable Care Act (“ACA”) and the Americans with Disabilities Act (“ADA”).