Professional Liability Matters

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December 31, 2013 • Professional Liability Matters, Risk Management

New Year’s Resolutions for the Professional

Maybe 2014 will be the year that you stick to your New Year’s resolutions. While weight loss, charitable giving, drinking less, learning something new, and quitting smoking top the list of most common goals for next year, your friends at PL Matters suggest adding a few resolutions. We’ve taken a close look at what has interested you the most in 2013 and based on that data we’ve compiled a list of lessons taken from our collection of posts for you to incorporate into your 2014 planning. Here’s to making 2014 a more productive and risk free year by reflecting upon what we’ve learned in 2013.

December 20, 2013 • Professional Liability Matters, Professional Liability Monthly

Special Edition: Professional Liability Monthly Compendium 2013

Click here for this special edition of the Professional Liability Monthly Compendium 2013. We have compiled all the Featured Articles from the past year along with the year’s most popular blog posts.. For your convenience, we have linked each author’s name in the newsletter to their online biographies in the event you would like more information …

December 18, 2013 • Insurance Products, Professional Liability Matters, Risk Management

Application of the Innocent Insured Clause

Professional Liability Matters has repeatedly stressed the importance of accurate, timely and careful reporting of potential claims. Whether it be during the application or renewal process or somewhere down the road, most insureds are contractually obligated to report threatened claims. This requires that the organization solicit responses from all professionals (which can be a logistical problem for larger organizations). Many firms submit a short questionnaire that must be answered by everyone. But how is coverage implicated for the organization when one bad apple knowingly conceals a claim?

December 17, 2013 • Employment Practices Liability, Professional Liability Matters

It’s All Relative – The Risks of Office Nepotism

Federal authorities recently commenced an investigation targeting a global financial services firm’s alleged practice of hiring the children of powerful Chinese officials, often through a program that used lower hiring standards for those with elite pedigrees, to help the firm win lucrative business in China. The investigation provides an excellent backdrop to discuss the risks associated with nepotism in the workplace.

December 11, 2013 • Employment Practices Liability, Professional Liability Matters

Third-Party Harassment Could Lead To Employer Liability

Most employers understand the significant consequences of sexual harassment at the workplace and take proactive measures to train employees about proper conduct. However, liability is not limited to the conduct of employees. Employers also have a responsibility to prevent sexual harassment by third parties such as clients, vendors, patients, and customers, when the employer knows about the conduct and fails to take any corrective action. Although third-party harassment is reportedly just as common, many employers do not take appropriate steps to prevent it.

December 10, 2013 • Legal Malpractice, Professional Liability Matters

Transfer of Malpractice Claims? Sometimes…

Many states do not permit the assignment of legal malpractice claims. This anti-assignment rule is based on the well-rooted policy that legal malpractice claims are uniquely personal and therefore cannot be assigned. Since malpractice claims typically involve the nature of the attorney’s duty to the client and the confidentiality of the attorney-client relationship, the theory goes that malpractice claims should not be subject to assignment out of fear of creating a “market” for these claims to the highest bidder. A recent decision suggests that there may be at least one exception to this rule.

December 6, 2013 • Employment Practices Liability, Professional Liability Matters

Does a Corporation have Religious Freedom under the ACA?

Those with conflicting political views may still agree that many questions remain unanswered regarding the implementation of the Affordable Care Act, a/k/a “Obamacare.” The US Supreme Court recently agreed to address at least one of those lingering questions when it granted certiorari to hear Sebelius v. Hobby Lobby Stores. The issue in Hobby Lobby is whether an employer may be subject to fines under the ACA for failing to provide health insurance coverage that includes the provision of birth control to employees. The plaintiff claims that this provision in the Act impermissibly conflicts with its religious views.

December 4, 2013 • Design Professionals (A&E), Professional Liability Matters

3-D Liability? New Printing Technology Means New Exposure

As 3-D printing continues to grow in popularity, PL Matters wonders how this technology will impact the professional malpractice community. Now 3-D users may bring any virtual object to life by directing it to a specialized printer that prints in layers of rubber, plastic, paper or other materials. Once cost-prohibitive and mainly utilized by the medical field (to create prosthetics), the machines are now available to the public for personal and commercial use. But as the machines are more readily available, what happens when the end-product causes harm or injury?