Recent Publications - Professional Liability


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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Appellate Division Affirms Summary Judgment Dismissal of Legal Malpractice Claim
March 8, 2021 | Professional Liability
The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its legal malpractice claim. In VPC Projects, LLC v. Golenbock Eiseman Assor Bell & Peskoe, LLP, 2021 NY Slip Op 01225 (1st …
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Federal Courts Issue Orders Modifying Procedures for Highly Sensitive Documents
January 27, 2021 | Privacy, Data & Cyber Law | Professional Liability
Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal Judiciary announced new protocols for filing court documents containing “highly sensitive material.” These new protocols come in the wake of the SolarWinds data breach, which compromised, …
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Data Breaches and Privacy Challenges: A Pandemic Year in Review
December 23, 2020 | Privacy, Data & Cyber Law
As if having to deal with the COVID-19 pandemic was not enough for law firms and clients, this year has seen a striking number of data breaches, privacy-related lawsuits, and government enforcement proceedings, as well as large settlements of new and older claims. Indeed, on December 8, 2020, in perhaps the ultimate 2020 irony, cybersecurity …
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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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NY’s Enhanced Anti-SLAPP Law May Help Defend 3rd-Party Claims against Attorneys
December 2, 2020 | Professional Liability
New York has recently enacted a new anti-SLAPP (strategic lawsuits against public participation) statute, which provides additional remedies for the defense of frivolous lawsuits brought to deter the exercise of free speech and public petition rights. N.Y. Civil Right Law, §76-a(1)(a) now defines an “action involving public petition and participation” (i.e. a SLAPP action) broadly …
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Facing a Flood of BIPA Lawsuits
June 15, 2020 | Privacy, Data & Cyber Law
As New York continues the process of reopening and individuals, families, and businesses, as well as the courts, adjust to the “new normal” of living in a world still fighting the coronavirus, internet- and technology-related privacy and security issues are at the top of many lawyers’ and corporate executives’ minds. Certainly privacy and security breach …
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Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Bankruptcy | Health Services
Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below. Tenn. Hospital Bankruptcy May Be The First Of Many …
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Updated ESD Guidance Says Attorneys May Be Considered Essential
April 14, 2020 | Professional Liability
Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100% starting on March 22. An exception to this restriction applies to “Any essential business or entity providing essential services or functions,” …
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