James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more
A defendant law firm was sued for legal malpractice after failing to obtain summary adjudication of a tortious interference claim against the former client and one of its brokers. The client later had to settle the case when...more
Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) -
Brief Summary -
A Pennsylvania court affirmed summary judgment in a...more
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more
9/2/2020
/ Appeals ,
Attorney Malpractice ,
Burden of Proof ,
But For Causation ,
Causation ,
Expert Testimony ,
Malicious Prosecution ,
Negligent Misrepresentation ,
Proximate Cause ,
Slander ,
Statute of Limitations
McNellis-Wallace v. Hoffman, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-1488-19T1 -
Brief Summary -
A New Jersey appellate court held that a defendant in a malpractice case could not maintain a...more
8/21/2020
/ Appeals ,
Attorney Malpractice ,
Cause of Action Accrual ,
Contribution Claims ,
Joint Tortfeasors ,
Medical Malpractice ,
Motion for Reconsideration ,
Notice Requirements ,
Reversal ,
Statute of Limitations ,
Successors
Advertising – Internet – Keyword Purchase -
N.J. Advisory Comm. on Prof'l Ethics, Formal Op. 735 (2019) -
Risk Management Issue: May a lawyer ethically advertise using online keyword technology, including the purchase...more
Edward Shrock, et. al. v. Ungaretti & Harris, Ltd., et. al., 2019 IL App (1st) 181698 -
Brief Summary -
The First District Appellate Court in Illinois upheld the dismissal of a legal malpractice action brought by a...more
American Inter-Fidelity Exchange v. Hope, et. al., (N.D. Illinois 17 C 7934) -
Brief Summary -
A federal district court in Illinois held that defendants, who were sued for malpractice after a default judgment was...more
Insurance Coverage – Computer Fraud – E-Mail “Spoofing” -
Medidata Sols., Inc. v. Fed. Ins. Co., 729 Fed. Appx. 117 (2d Cir. 2018), 2018 U.S. App. Lexis 18376, 2018 WL 3339245 -
Risk Management Issue: Is e-mail “spoofing”...more
TRICK OR TREAT! -
As Halloween nears, and the Great Pumpkin readies itself to visit, the editors of the Halloween edition of the Lawyers’ Lawyer Newsletter invite you to enjoy the suspenseful but hair-raisingly narrow...more
Lateral Hires – Screening – Moonlighting – Due Diligence by Hiring Firm – Vicarious Liability because of Lawyer's Apparent Authority -
McFarland v. Niekamp, Weisensell, Mutersbaugh & Mastrantonio, LLP, 2017-Ohio-8394, 2017...more
Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity -
Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504 -
Risk Management Issue: Is an attorney fee-splitting agreement...more
TRICK OR TREAT! The editors of the Halloween edition of the Lawyers' Lawyer Newsletter invite you to enjoy frightening tales of shocking assaults by non-clients on an unsuspecting law firm; a lawyer's nail-biting escape from...more
10/28/2016
/ Civil Monetary Penalty ,
Conflicts of Interest ,
Disgorgement ,
Disqualification ,
Food and Drug Administration (FDA) ,
Hedge Funds ,
Investors ,
Misappropriation ,
Motion to Withdraw ,
Negligent Misrepresentation ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders
Joint Clients — Confidentiality — Right to See Clients' File -
New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) -
Risk Management Issue: In a joint client representation, if one...more
8/13/2016
/ Attorney Malpractice ,
Confidential Information ,
Government Investigations ,
Hedge Funds ,
Inadvertent Disclosure ,
Joint Clients ,
Legal Ethics ,
Negligent Misrepresentation ,
Privity of Contract ,
Risk Management ,
Rules of Professional Conduct ,
Securities and Exchange Commission (SEC) ,
Third-Party