Recent Publications - Professional Liability


New Jersey Bill Would Shorten Statute of Limitations for Professional Malpractice Claims
March 22, 2019 | Professional Liability
On March 18, 2019, Bill A-4880 passed the New Jersey Assembly Judiciary Committee.  If the bill becomes law, it will amend the governing statute, N.J.S.2A:14-1, by shortening the statute of limitations for claims of malpractice against certain licensed professionals (including lawyers) from six years to two years.  The amendment will also prohibit the award of …
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FTC Imposes Largest Civil Penalty for Violation of Children’s Online Privacy
March 12, 2019 | Privacy, Data & Cyber Law
On February 29, 2019, the Federal Trade Commission announced that the video social networking app Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle a claim that the company illegally collected personal information from children, the largest such civil penalty to date. The Children’s Online Privacy Protection Act (COPPA) requires websites and …
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Why Out-of-State Businesses Should Take Note of California’s Privacy Law
March 12, 2019 | Privacy, Data & Cyber Law
The California Consumer Privacy Act (CCPA), which passed in 2018 and goes into effect January 1, 2020, is intended to provide some of the most rigorous privacy protections to California residents but is not limited in application to California companies. What entities fall under the CCPA? The CCPA applies to ”businesses” that are for-profit entities …
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2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Employment & Labor
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims. In the case …
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Supreme Court Decision Impacts Assistance-of-Counsel Claims
March 7, 2019 | Professional Liability
On February 27, 2019, in Garza v. Idaho, 586 U.S. _ (2019), the Supreme Court of the United States, in a split decision, eased a client’s burden of establishing harm for the purposes of making an ineffective assistance of counsel argument against his former criminal defense lawyer. The Sixth Amendment provides that a criminal defendant …
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Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Privacy, Data & Cyber Law
The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats. …
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Data Security and Privacy in the New Year
January 16, 2019 | Privacy, Data & Cyber Law
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices. In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array …
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ABA Formal Opinion Discusses Ethical Implications of Data Breaches
October 30, 2018 | Professional Liability
On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do …
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Cybersquatting: Even Today, an Important Concern for Online Businesses
October 16, 2018 | Privacy, Data & Cyber Law
It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online …
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11 Tips for Responding to the Facebook Hack
October 3, 2018 | Privacy, Data & Cyber Law
On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of family events and vacations, cute …
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