Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
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 …
The Corporate Transparency Act (CTA) became effective as of January 1, 2024. According to Jonathan Ziss, co-chair of Goldberg Segalla’s Management & Professional Liability practice group, in an article recently published in the Pennsylvania CPA Journal, CTA compliance is critical to avoid the “unauthorized practice of law” and other professional liability concerns. Read Jonathan’s article …
Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume. According to data compiled by Ames & Gough, factors such as runaway verdicts and litigation financing have contributed to the rise in settlements. Those factors …
The new, must-listen podcast for all things management and professional liability, “The Precipice,” is back for the second 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, …
That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be …