The United States District Court, Western District of New York recently held that the plaintiff alleged sufficient facts to state a claim pursuant to Judiciary Law § 487, and the fact that there was no criminal conviction of the defendant lawyers for violating the statute did not prevent plaintiff from proceeding with her claim.

In

The Appellate Division, First Department recently reversed the trial court’s decision granting summary judgment on liability in favor of the legal malpractice plaintiff and dismissing the defendant law firm’s counterclaims for legal fees.

In Genesis Merchant Partners, L.P. v. Gilbride, Tusa, Last & Spellane, LLC, the plaintiffs, who are related venture capital firms, sued the

The Appellate Division, First Department recently held that a legal malpractice action could withstand a law firm’s motion to dismiss the claim on the grounds that plaintiff failed to plead the “but for” causation element of the claim, reversing the trial court’s dismissal.

In Macquarie Capital (USA) Inc. v. Morrison & Foerster LLP, Supreme Court,

There is good news for U.S. companies operating online, which nowadays, of course, includes virtually every business. The European Commission has published its first annual report on the agreement reached last year by the Commission and the U.S. government to protect personal data transferred from the European Union (EU) to U.S. companies for commercial purposes,

The United States District Court, Southern District of New York recently held that a legal malpractice action could withstand a law firm’s motion to dismiss when the law firm’s retainer agreement was broadly written and did not clearly define the scope of the firm’s representation.

In Mitchell Barack v. Seward & Kissel, LLP, (Civil Action

Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating—especially if the data falls into the hands of a competitor.

Many companies suffering this kind of loss turn to litigation. Perhaps in an effort to obtain federal court jurisdiction, they may assert

United States Magistrate Judge Hugh B. Scott of the United States District Court for the Western District of New York recently held, in a report and recommendation, that a plaintiff must plead that an attorney has been convicted of a misdemeanor before she can state a claim for the recovery of treble damages pursuant to

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently issued a Formal Opinion, providing updated recommendations regarding lawyers’ obligations when using technology resources to communicate with clients and to protect confidential client information.

Since 1999, the Committee has advised that the ABA Model Rules of Professional Conduct permit an attorney to transmit

By now, anyone who uses a cell phone or other method to access the Internet—virtually everyone—has heard of “cookies” intended to track their online activities. Many individuals who object to tracking take steps to block cookies through privacy settings on their web browsers and other technologies. However, in a decision with important implications for those

Jonathan Bruno’s article, “Independent Counsel Law in Three Key Jurisdictions,” appeared in the Spring/Summer issue of USLAW Magazine.

To read the full article, click here.