Professional Malpractice › Business Torts

Chad Elie v. Ifrah Law PLLC

Amended Complaint (Exempt From Arbitration)

Amended Complaint (Exempt from Arbitration) filed on May 14th, 2013 by Plaintiff Chad Elie v. Ifrah PLLC, a Professional Limited Liability Company, Alain Jeffrey Ifrah a/k/a Jeff Ifrah, individually, etc. , et. al,,...more

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Appellate Notes: Week of February 18

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more

Wrongful Act Doctrine (Schwartz v. Bloch)

Independent Expert Testimony Not Required Where Attorneys’ Fees are Claimed an Element of Compensatory Damages pursuant to the Wrongful Act Doctrine Mayan Schwartz v. Stuart E. Bloch, et al., No. 4D10-742 (Fla. 4th DCA...more

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and...

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...more

New York Court Addresses Impact of Allowing Insured to Default

The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more

The Expenditure of Attorney Fees to Remove a Conservator Does Not, on its Own, Constitute Financial Elder Abuse

The California Court of Appeal (Second Appellate District, Division Seven), in an unpublished decision, recently upheld a trial court order sustaining a demurrer to a cause of action for financial elder abuse. The complaint...more

Fremont Reorganizing Corp.v. Faigin: Court Denies Litigation Privilege Defense to Former In-House Counsel Facing Legal Malpractice...

In Fremont Reorganizing Corporation v. Faigin, (2011) 198 Cal. App. 4th 1153, the Third Division of the Second Appellate District held in a published decision that the litigation privilege may not be used to protect an...more

Proteceting Your Professional Reputation as an Asset

Given the power of the internet and the unmistakable reach and shelf life of a digital complaint to hurt you, it’s more important than ever to both have and defend a professional reputation. Complaints are often...more

Protecting Your Professional Reputation as an Asset

Given the power of the Internet and the unmistakable reach and shelf life of a digital complaint to hurt you, it’s more important than ever to both have and defend a professional reputation. Complaints are often...more

Asset Protection and The Title To Your Home - Common Mistakes

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Negligent Medico-Legal Opinion? Dr. Ford Says Experts Should Be Sued

Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing immunity for expert witnesses for the negligent provision of medico-legal reports and whether this prohibition should be...more

Scullion -v- Bank of Scotland t a Colleys August 2011

Miller Rosenfalck represented the Claimant Emmet Thomas Scullion in an Appeal made by Bank of Scotland Plc (trading as Colleys) which was heard by the Court of Appeal on 23 May 2011. Judgment was handed down by The Court of...more

Asset Protection FOR CPAs

One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more

Asset Protection Basics For Accountants

One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more

Predecessor Attorney Not Liable for Breach of Fiduciary Duty Following Adverse Trial Outcome

In an unpublished decision, Robins v. Kuhn et., the California Court of Appeal (Fourth Appellate District, Division Three) affirmed summary judgment for defendant attorneys, dismissing a former client’s suit for breach of...more

Perception is Reality

Perception is Reality for legal teams. Capitalizing on a diverse legal team is important in the Twenty-first century. ...more

Tort Reform Won’t Address Huge Regional Disparities in Malpractice Insurance Fees

Physician groups and health insurers often blame excessive malpractice settlements for the high rates that doctors have to pay to obtain malpractice liability insurance. But a recent analysis indicates that regional...more

Oasis West Realty, LLC v. Goldman: Duties of Loyalty and Confidentiality Trump Free Speech and Petition Rights

The California Supreme Court has taken a firm position as to when a lawyer may oppose a client on a matter on which the attorney has worked, and the position is “virtually never”. The Court issued its opinion in Oasis West...more