Professional Liability


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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Broad Language in Retainer Agreement Allows Legal Malpractice Claim to Proceed Against Law Firm
October 2, 2017 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
The United States District Court, Southern District of New York recently held that a legal malpractice action could withstand a law firm’s motion to dismiss when the law firm’s retainer agreement was broadly written and did not clearly define the scope of the firm’s representation. In Mitchell Barack v. Seward & Kissel, LLP, (Civil Action …
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Asserting Damages for Data Piracy Under the CFAA
June 20, 2017 | Shari Claire Lewis | Complex Torts & Product Liability | Professional Liability | Privacy, Data & Cyber Law
Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating—especially if the data falls into the hands of a competitor. Many companies suffering this kind of loss turn to litigation. Perhaps in an effort to obtain federal court jurisdiction, they may assert …
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Is An Attorney’s Misdemeanor Conviction A Prerequisite To New York Judiciary Law § 487 Claims?
June 2, 2017 | Jonathan B. Bruno | Professional Liability
United States Magistrate Judge Hugh B. Scott of the United States District Court for the Western District of New York recently held, in a report and recommendation, that a plaintiff must plead that an attorney has been convicted of a misdemeanor before she can state a claim for the recovery of treble damages pursuant to …
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ABA Issues New Guidance on Confidentiality and the Use of Technology
May 17, 2017 | Professional Liability | Privacy, Data & Cyber Law
The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently issued a Formal Opinion, providing updated recommendations regarding lawyers’ obligations when using technology resources to communicate with clients and to protect confidential client information. Since 1999, the Committee has advised that the ABA Model Rules of Professional Conduct permit an attorney to transmit …
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Second Circuit Rejects Secret-Cookie Suit
April 21, 2017 | Privacy, Data & Cyber Law | Complex Torts & Product Liability | Professional Liability
By now, anyone who uses a cell phone or other method to access the Internet—virtually everyone—has heard of “cookies” intended to track their online activities. Many individuals who object to tracking take steps to block cookies through privacy settings on their web browsers and other technologies. However, in a decision with important implications for those …
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