Professional Liability Matters

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April 9, 2013 • Legal Malpractice, Professional Liability Matters, Risk Management

Rutgers: Don’t Look at Me…My Lawyer Made Me Do It

As is so often the case, with mounting pressure and criticism comes finger-pointing. In the midst of a well-publicized scandal, Rutgers University is now suggesting that poor advice from its outside counsel led to a series of infamous decisions regarding its former basketball coach. According to reports, as Rutgers’ athletic director Tim Pernetti resigned Friday amid the scandal over men’s basketball coach Mike Rice’s unorthodox practices, he blamed the school administration for following a “process” that allowed Rice to stay on-board. With its back against the wall, Rutgers laid part of the blame on the Roseland, New Jersey law firm that allegedly balked at recommending Rice’s termination.

April 4, 2013 • Ethics, Legal Malpractice, Professional Liability Matters

When Professional Misconduct = Unfair Trade Practices

The California Court of Appeals recently concluded that professional malpractice and ethical violations may give rise to liability for unfair trade practices. In the underlying dispute, attorney Martin Guajardo, the sole shareholder in his own law firm, sold his practice because he faced disciplinary action brought by the state bar. Although Attorney Guajardo ultimately resigned from the bar, he continued to practice law following the sale of his firm. The People of the State of California filed a complaint against Guajardo, and the new firm, alleging unlawful, unfair, and deceptive business practices based upon Guajardo’s unauthorized practice of law. On appeal, the court concluded that Guajardo’s ethical violations also supported a claim under the state’s unfair trade practices act.

April 3, 2013 • Employment Practices Liability, Professional Liability Matters

A Case Study for Employers on Whistleblower Laws

Whistleblower laws are generally designed to prohibit employers from taking retaliatory action against an employee because the employee engages in protected conduct. For example, an employer may not retaliate against an employee for disclosing the employer’s violation of laws or ethics, providing testimony about the employer, or refusing to engage in inappropriate conduct. In a …

April 2, 2013 • Cyber-Liability, Professional Liability Matters

Hollywood Heist Leads to Cyber Liability Suit

The fact pattern sounds like it was ripped from the pages of a Hollywood screenplay. Two criminals back a trailer to a pharmaceutical warehouse and cut a hole in the ceiling of the facility. They proceed to utilize the company’s own forklifts to load over $80 million in prescription drugs into the trailer and exit without detection on any security cameras. All told, authorities estimate that the heist represents the largest known theft of prescription drugs in US history. The last scene in this bizarre, real world thriller takes place in the Federal District Court of Connecticut where the parties are fighting the first cyber liability suit of its kind with major implications on the fiduciary responsibilities of data storage and security companies.

April 1, 2013 • Engagement Letters, Professional Liability Matters, Risk Management

A Disclaimer of Disclaimers – Limits on Limitation of Liability

Many classes of professionals utilize engagement letters with limitation of liability language. For example, accountants, real estate agents and home inspectors often include in their engagements a hold harmless or other clause with the goal of limiting potential damages. Such a clause will establish the extent of exposure, if any, that the professional can be held liable for should problems arise with the engagement. The question of whether the clause is enforceable is state specific and somewhat unpredictable.

March 28, 2013 • Professional Liability Matters, Risk Management

Malpractice Advice from Dr. Oz

Dr. Oz, a well known TV personality, was recently named in a New York lawsuit arising from on-air advice he provided to his viewers. The doctor allegedly informed his audience about a “heated rice” remedy for insomnia. Dr. Oz called it “my night sleep special” on the April 17, 2012, episode of his NBC show titled “Dr. Oz’s 24-Hour Ultimate Energy Boost Plan.” Unfortunately for 76-year-old Frank Dietl, that Boost Plan left him bedridden for weeks with severe burns on his feet. According to the lawsuit, Dr. Oz failed to provide proper warnings and instructions about the home remedy. The plaintiff seeks unspecified damages from Dr. Oz, NBC Studios, Sony Pictures Television and Harpo Productions.

March 28, 2013 • Professional Liability Matters, Professional Liability Monthly

Professional Liability Monthly – March Edition is Now Available

For a free copy of this month’s edition of Professional Liability Monthly, click here. To be added to our circulation list, where you will receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

March 27, 2013 • Director and Officer Liability, Professional Liability Matters

How Jerry Sandusky Impacts You

The evolving Jerry Sandusky scandal continues to impact the professional liability community. Most recently, the Middle District of Pennsylvania reached a decision with major implications on the application of D&O – Director’s and Officer’s Insurance. In deciding that Sandusky’s acts occurred outside the scope of his role with the Second Mile even though the conduct occurred during Second Mile events, the court may have also exposed directors and officers to increased risk of personal exposure.