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New Jersey Issues Guidance to Attorneys Regarding ‘Reply All’ Emails
March 23, 2021 | Professional Liability

Last week, New Jersey’s Advisory Committee on Professional Ethics issued an opinion regarding the use of “Reply All” on emails. The opinion responded to a question posed by an attorney who often copies his own clients on emails to opposing counsel.

The attorney argued it was an ethical violation for opposing counsel to then “reply

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ABA Provides New Guidance on Remote Work for Lawyers
March 12, 2021 | Professional Liability

On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar office or working remotely, the prevalence of remote work has increased significantly within the last year. Attorneys will likely continue working

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DOL Finalizes Regulations Regarding Worker Classifications
January 7, 2021 | Employment & Labor

On January 6, 2021, the Department of Labor (DOL) issued a new framework to determine whether workers are employees or independent contractors for the purposes of the Fair Labor Standards Act (FLSA). The distinction between these classifications is significant, as it impacts whether the employer must pay minimum wage or keep records pertaining to the

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Attorneys: Avoid Pitfalls When Responding to Negative Online Reviews
December 14, 2020 | Professional Liability

The rise of social media and online reviews has created a dilemma: How can an attorney respond to a negative review without violating ethical or professional responsibility? Just as many merchants respond to online customer reviews, many attorneys may feel the urge to rebut negative reviews posted about them online, be they from disgruntled clients

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EEOC Addresses Employees’ Opioid Use in New Guidance
August 14, 2020 | Employment & Labor

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis.

The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are

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NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims
April 13, 2020 | Professional Liability

The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know is meritless? In Bill Birds, Inc. et al. v. Stein Law Firm, P.C., 2020 N.Y. Slip Op. 02125

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Pandemic Prompts Focus on Attorney Civility
April 2, 2020 | Professional Liability

COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles now in place. Many attorneys are not practicing out of their offices, do not have access to key files, and

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