Professional Liability

Attorneys: Avoid Pitfalls When Responding to Negative Online Reviews
December 14, 2020 | Jonathan B. Bruno | Michelle Vizzi | 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 | Michelle Vizzi | 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 | 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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