Professional Liability
July 30, 2026 | Ana Parikh | Rebecca Yin |
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
Read MoreJuly 22, 2026 | Ana Parikh | Rebecca Lundgren | |
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
Read MoreJune 26, 2026 | Deborah M. Isaacson | Rebecca Lundgren |
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
Read MoreMarch 5, 2026 | Deborah M. Isaacson | Lauren B. Eicher |
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,
Read MoreMarch 23, 2021 | Jonathan B. Bruno |
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
Read MoreMarch 12, 2021 | Jonathan B. Bruno |
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
Read MoreMarch 8, 2021 | Jonathan B. Bruno |
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
Read MoreJanuary 27, 2021 | Amanda Griner | |
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,
Read MoreDecember 14, 2020 | Jonathan B. Bruno |
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
Read MoreDecember 2, 2020 | Avigael C. Fyman |
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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