Professional Liability


NJ Supreme Court Bars Sexual Relationships with Clients
July 30, 2026 | Ana Parikh | Rebecca Yin | Professional Liability

On July 23, 2026, the New Jersey Supreme Court approved the addition of Rule 1.8(k) to New Jersey’s Rules of Professional Conduct, effective September 1, 2026. The new rule, which adopts and clarifies ABA Model Rule 1.8(j), creates a new conflict-of-interest rule prohibiting attorneys from having sexual relations with their clients unless a consensual relationship

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NJ Supreme Court: Consumer Fraud Act Exceptions Exempt Insurance Pros
July 22, 2026 | Ana Parikh | Rebecca Lundgren | Professional Liability | Insurance Coverage

On July 15, 2026, the New Jersey Supreme Court held that insurance brokers, producers, and agents are not “learned professionals,” and therefore are not exempt from liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. In so holding, the Court eradicated the previously recognized, judicially created “semi-professional” exception and further clarified the definition

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NJ Local Civil Rule Amendment May Benefit Federal Legal Malpractice Defendants
June 26, 2026 | Deborah M. Isaacson | Rebecca Lundgren | Professional Liability

The U.S. District Court for the District of New Jersey has proposed an amendment to Local Civil Rule 16.1 that would require litigants in professional malpractice or negligence matters to address affidavit of merit issues at initial conferences before the magistrate judge. The proposed change allows professional malpractice defendants to identify affidavit of merit-related disputes

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New Jersey Supreme Court Clarifies Attorney Duties to Non-Clients
March 5, 2026 | Deborah M. Isaacson | Lauren B. Eicher | Professional Liability

In a recent decision, the New Jersey Supreme Court highlighted the importance of clearly documenting client intent and the limits of an attorney’s duty to non-clients.

In Christakos v. Boyadjis, 262 N.J. 447 (2026), defendant was retained by two brothers (collectively the “decedents”) to update their estate plans. In 2003, the brothers executed mirror wills,

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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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