Fiduciary Duty, Conflicts of Interest, Attorney Malpractice

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Rumberger | Kirk on 9/13/2024

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Federal District Court Refuses To Dismiss Aiding And Abetting Breach Of Fiduciary Duty Claim Against A Law Firm

Winstead PC on 4/22/2019

In Milligan v. Salamone, the Greenberg Taurig lawfirm represented the bankrupt company when it sued a president and board member. No. 1:18-CV-327-RP, 2019 U.S. Dist. LEXIS 41009 (W.D. Tex. March 14, 2019). Greenberg drafted...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Hinshaw & Culbertson LLP on 5/3/2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

Court Rules In Favor Of An Attorney Regarding Claims Arising From A Conflict of Interest

Winstead PC on 2/25/2016

In Fitts v. Richards-Smith, three brothers were riding in a car when the car hit another vehicle properly stopped in the road. 2016 Tex. App. LEXIS 1542 (Tex. App.—Texarkana February 17, 2016, no pet. history). The driver was...more

Avoiding the Upsurge in Trust, Probate and Estate Planning Malpractice

Hinshaw & Culbertson LLP on 1/25/2016

The number of lawsuits against trust, probate and estate planning attorneys has significantly increased over the last several years. Today, trust, probate and estate planing attorneys are charged with legal malpractice and...more

Financial Advisory Update

McDermott Will & Emery on 12/12/2013

Novel theories by plaintiffs’ lawyers need to foster novel approaches by M&A lawyers. A number of recent cases highlight the increasing risks for financial advisors and the lawyers who represent them. Financial...more

New York’s Lichtenstein Decision Highlights Conflicts of a Carve-Out Guarantor

Baker Donelson on 8/15/2013

The recent New York case of Lichtenstein v. Willkie Farr addresses a borrower's conflict caused, in part, by a loan covenant. The covenant invoked personal liability of the members in the event the entity files a voluntary...more

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