Professional Liability

New Jersey Issues Guidance to Attorneys Regarding ‘Reply All’ Emails
March 23, 2021 | Jonathan B. Bruno | 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 | Jonathan B. Bruno | 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 | Jonathan B. Bruno | 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 | Amanda Griner | 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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Attorneys: Avoid Pitfalls When Responding to Negative Online Reviews
December 14, 2020 | Jonathan B. Bruno | 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 | Avigael C. Fyman | 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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Updated ESD Guidance Says Attorneys May Be Considered Essential
April 14, 2020 | David S. Wilck | Avigael C. Fyman | 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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NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims
April 13, 2020 | Jonathan B. Bruno | 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 | Jonathan B. Bruno | 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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