Professional Liability


Pandemic Prompts Focus on Attorney Civility
April 2, 2020 | Jonathan B. Bruno | Michelle Vizzi | 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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Coronavirus Update – Workforce Reduction and Litigation Impacts
March 23, 2020 | David S. Wilck | Avigael C. Fyman | Professional Liability
In recent days, the State of New York has instituted a number of emergency measures affecting business professionals. All employers in New York State providing non-essential services have been directed to reduce their in-person workforce by 100% no later than March 22 at 8 p.m. This order will likely require many business professionals to transition …
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Professional Liability Bulletin – Coronavirus Edition
March 17, 2020 | David S. Wilck | Avigael C. Fyman | Professional Liability
The coronavirus pandemic is creating challenges for all sectors of the economy, including for various business professionals. While some steps have been taken to mitigate immediate concerns, professionals must remain aware of their obligations and be mindful of potential pitfalls in this uncertain environment. For example, the legal profession, which typically relies on in-person appearances, …
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NJ Bill Would Shorten Statute of Limitations for Professional Malpractice Claims
March 22, 2019 | Jonathan B. Bruno | 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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Supreme Court Decision Impacts Assistance-of-Counsel Claims
March 7, 2019 | Amanda Gurman | 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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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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Wilck Co-Authors USLAW Article
September 13, 2018 | David S. Wilck | Professional Liability
David Wilck has co-authored a USLAW article, “Navigating the One-Client/Two-Client Tripartite Relationship Between the Carrier, Insured, and Defense Counsel,” in the Fall/Winter issue of USLAW Magazine. Click here to read the Article. …
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U.S. District Court: Judiciary Law Claim Permissible without Criminal Conviction
May 7, 2018 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
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 …
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Use Retainer Agreements to Establish the Limits of Representation
January 23, 2018 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
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 …
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Appellate Decision Underscores Lawyers’ Duty to Fulfill Retainer Agreement’s Obligations
January 11, 2018 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
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, …
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