Selling Cyber Insurance to Professional Services Firms
Rod Beckstrom Discusses Cyber Security and Metasploit
The Internet of Things and Cyber Risk
Emerging Cyber Liability Risks
Is the Cyber Insurance Market Sustainable?
Selling Cyber Insurance: Key Considerations
Insurance Limits and Case Value - A Clear Correlation?
Taking A Proactive Approach to Cyber Security
Underwriting: Art or Science?
Medical PL Risks in Retail Healthcare
Physician Considerations When Prescribing Medical Marijuana
Electronic Medical Records: Help or Hindrance?
Technology in Healthcare
Prior & Pending Litigation
Is Private/Non-Profit D&O Coverage Under Priced?
Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Attorneys and law practices have been experimenting with strategies to collect unpaid client fees while limiting the risk of malpractice claims. One approach involves the use of alternative dispute resolution (ADR)...more
The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more
I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential.
The confidentiality of mediations and of settlement discussions generally – the idea...more
In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more
The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more
If you own a business, chances are one day you will likely be sued by a disgruntled employee, a customer or a vendor. But the solution may not be found in the courtroom. In this week's Polsinelli Podcast, William B. Hill, Jr....more
It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more
Advocate's immunity is a valuable defence for solicitors and barristers preventing the re-litigation of disputes by disgruntled litigants. The recent decision of Stillman v Rushbourne  NSWSC, in which we acted for the...more
Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more
In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more
Involved in a legal malpractice or professional liability dispute? As you are likely aware, it is common for a legal malpractice claim to be countered by a fee claim by the lawyer defendant arising out of the former...more
In This Issue:
- District of New Jersey Stays Medical Malpractice Suit Pending Arbitration:
Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more
Originally published in Arizona Attorney - December 2012.
October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since...more
Originally published in Litigation News, American Bar Association (November 2012).
As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more
Last month, Kaiser Health News published a story about mandatory arbitration agreements in nursing home contracts. Such agreements are common when signing up for services such as credit cards and cell phones. Increasingly,...more
UPDATED THROUGH SEPTEMBER 4, 2012
Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more
UPDATED THROUGH September 4, 2012
Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their...more
Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more
The Georgia Supreme Court ruled that Georgia's modified comparative fault scheme is to be applied even in cases in which the plaintiff bears no fault....more
In a published decision, the Court of Appeal (Fourth Appellate District, Division Three) has held that a law firm which prevailed in mandatory fee arbitration against a former client was entitled to an award of attorney’s...more
In Robinson v. Isaacs, 2011 U.S Dist. LEXIS 118070, the U.S. District Court for the Southern District of California granted a petition to compel arbitration filed an investment advisor who was not a signatory to the advisory...more
Two recent California Court of Appeal decisions–one of them published–address the procedure for requesting a trial de novo following the issuance of an arbitration award under the Mandatory Fee Arbitration Act (MFAA) (Bus. &...more
A former client brought a complaint for legal malpractice against several attorneys. Some were signatories to an arbitration agreement with the client, but one was not. In response to a petition to compel arbitration brought...more
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