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Business Organization Professional Malpractice

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The High Court of Justice hands down judgment on professional negligence in tax avoidance schemes

by Dentons on

The High Court of Justice (in the case of Halsall and others v. Champion Consulting Ltd and others [2017] EWHC) has handed down judgment in a professional negligence claim arising out of failed tax avoidance schemes. HHJ...more

Residual liability in the trust context of excluded fiduciaries

by Charles E. Rounds, Jr. on

Some states by statute have introduced into their trust jurisprudence the concept of the excluded fiduciary: In the case of a trust the terms of which allocate fiduciary functions between the trustee and, say, a trust...more

The Insider Trading Cartoon Series, Vol. XII -- The Innocent Intermediary

by Brooks Pierce on

Join us as our heroine Jane gives away a little too much information to her husband Bob, who then seeks legal advice about what he's heard. Bob's lawyer Nikhil gives good advice by telling him to keep a lid on it, but then...more

Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

by PretiFlaherty on

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice. The trustee alleged that debtor’s counsel committed malpractice...more

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly...more

Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions

Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Join Sutherland for a moderated roundtable where our experienced practitioners...more

Make sure your emails don't turn into evidence

by Dentons on

Sometimes the first notice of a legal malpractice claim is a demand or a complaint. However, attorneys or law firms often become aware of a claim through threats from the client during the course of a representation or...more

Alert: Law Firms May Have Duty To Warn Clients of Possible Insurance Coverage

by Pullman & Comley, LLC on

A recent decision by a New York State Appellate Court has again reminded law firm risk managers of a possible law firm obligation to clients, especially those recently served with a lawsuit. The Court held that defense...more

Individual Accountability and the SEC

From the 2016 PLUS D&O Symposium session “The DOJ, SEC and the New Era of Individual Accountability,” Helen Cantwell (Debevoise & Plimpton) and Stephanie Avakian, Esq. (U.S. Securities & Exchange Commission) discuss...more

Employing the term "family" in trust instruments and trust-related legislation is asking for trouble

by Charles E. Rounds, Jr. on

Employing the term “family” in trust instruments and trust-related legislation is asking for trouble. In §8.15.6 of Loring and Rounds: A Trustee’s Handbook (2016) the authors explain why the meaning of the term in a given...more

Reps & Warranties Insurance on the Rise

From the 2015 PLUS Conference session “Playing to Win – Strategic Use of Reps & Warranties Insurance,” panelist Matthew Heinz (Aon Transaction Solutions) discusses reasons why reps and warranties insurance is being purchased...more

Where in the World are the D&O Claims?

From the 2015 PLUS Conference session “Where in the World are the (D&O) Claims?,” moderator Jennifer O’Neill (Allianz Global & Corporate Specialty) and panelist Stephen Shepherd (Zurich Insurance Company) discuss D&O trends...more

Supreme Court Clarifies Contours of In Pari Delicto Doctrine

by Morris James LLP on

The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the in pari delicto defense as a shield to...more

The Insider Trading Cartoon Series, Vol. III — Very Temporary Insiders

by Brooks Pierce on

In the last episode of the Insider Trading Cartoon Series, we discussed temporary insiders and their potential liability for insider trading. But what about those with more tenuous connections to the companies at issue? ...more

The Insider Trading Cartoon Series, Vol. II — Temporary Insiders

by Brooks Pierce on

In Volume II of our new series, we look at temporary insiders — who they are and how they can become liable for insider trading....more

Selling Cyber Insurance to Professional Services Firms

From the 2015 PLUS Cyber Liability Symposium session “How to Sell Cyber Insurance to Different Industries,” Mickey Estey of RT Specialty and Michael Lamprecht of BigData Insure, LLC discuss cyber exposures for professional...more

Rod Beckstrom Discusses Cyber Security and Metasploit

From the 2015 PLUS Cyber Liability Symposium luncheon keynote “Preparing for Cyber Armageddon: What are the Threats and How Can Your Company Protect Itself?,” Rod Beckstrom of the Beckstrom Group looks at some of the...more

Taking A Proactive Approach to Cyber Security

From the 2015 PLUS Professional Risk Symposium session “The Wild, Wild Future: Privacy & Data Security Exposures,” moderator Regan Miller, RPLU (Wortham Insurance & Risk Management) and panelists Bryan F. Thornton...more

Insurance and Reinsurance Newsletter - Italy: July 2015

by DLA Piper on

1. Solvency II - Insurance Code Amended - Legislative Decree No. 74 of 12 May 2015 was published in the Official Gazette on 15 June 2015, which has made all necessary amendments to the Insurance Code in order to...more

Is Private/Non-Profit D&O Coverage Under Priced?

From the 2015 PLUS D&O Symposium session “Who Me? I Didn’t Do Anything…Wrong,” moderator Jeff Lattmann (Beecher Carlson) and panelists Liz Olsson, RPLU (Wells Fargo Insurance) and Shelley Norman (AIG) discuss the differences...more

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more

‘Horizon scanning’: is a ‘Top-Level’ Firm Required to See Further?

by K&L Gates LLP on

This case involved allegations of professional negligence in the context of tax planning advice, and saw the application of reasonably familiar principles. Whilst these cases always depend on their facts, the decision may...more

Colorado Supreme Court Protects Quality Management Privilege for CDPHE-Licensed Providers

Colorado hospitals and other licensed and certified health care facilities scored a significant victory on October 14, when the Colorado Supreme Court issued its en banc ruling in Simpson v. Cedar Springs Hospital, Inc. (2014...more

Illinois Court Holds Services Performed By Sub for Parent Comes Within E&O Policy

In its recent decision in Hilco Trading LLC v. Liberty Surplus Ins. Co., 2014 Ill. App. LEXIS (Ill. 1s Mar. 17, 2014), the Appellate Court of Illinois for had occasion to consider whether appraisals and evaluations prepared...more

Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms

by Mimesis Law on

Mar. 19, 2014 (Mimesis Law) -- Mike McDevitt, CEO for Tandem Legal Group, is not a lawyer, but thanks to an obscure rule in Washington, D.C.'s code of ethics for lawyers he is able to have an ownership interest in the law...more

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Cybersecurity

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