News & Analysis as of

Professional Liability

The Regulation of Offshore Lawyers: Recent Developments

by Sedgwick LLP on

Since lawyers' professional liability to their clients, and potentially to third parties, often needs to be assessed in the context of the specific regulatory environment in which they operate, it is quite important for...more

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 3

by Butler Snow LLP on

Permissive Abstention: Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. See, Part 1. Part 2 of this blog series focused on mandatory abstention...more

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 2

by Butler Snow LLP on

Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. Recognizing that bankruptcy courts typically retain related to jurisdiction over legal...more

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 1

by Butler Snow LLP on

Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys who find themselves on the...more

Second Circuit Defers Allegations of Attorney Relationship With Client’s Mother

On June 5, 2017, in an opinion with facts that even the Court seemed to recognize read like the script for a straight-to-video movie, the Second Circuit (Jacobs, Sack, Carney) declined to overturn a defendant’s conviction and...more

[Event] The 2017 Accountant Liability Seminar: When The Chips Are Down - June 22nd, Waltham, MA

by LeClairRyan on

Most businesses would consider accounting to be a routine game, numbers, the same old same old – like a deck of cards. You know the suits; the high cards and the low ones. But when the dealer suddenly changes hands – will it...more

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

by Lathrop Gage on

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix...more

2016 Georgia Corporate and Business Organization Case Law Developments

by Bryan Cave on

The annual survey of decisions by state and federal courts in 2016 addressing Georgia corporate and business organization issues is now available. This survey covers the legal principles governing Georgia businesses,...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

JSH Attorneys Prevailed By Motion To Dismiss In Professional Negligence Matter

On behalf of their clients, Dr. Michael Bauer and Dr. Denis Furr, Jeremy Johnson, Heather Bushor and Justin Ackerman of Jones, Skelton & Hochuli, prevailed on two motions to dismiss in a multi-million dollar professional...more

Insurance Claims Report Spotlights Risks To Assisted Living Facility Operators

Late last year CNA, one of the nation’s largest commercial insurance companies, issued a report summarizing professional liability insurance claims for senior living facilities that it closed between 2011 and 2015. Although...more

JAMS Global Construction Solutions Newsletter, Spring 2017

by JAMS on

Reallocation Actions and Settlement Agreements: What Did We Settle? - The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot...more

Indiana Federal Court Holds No E&O Coverage for Overdraft Fees Class Action

In its recent decision in BancorpSouth, Inc. v. Fed. Ins. Co., 2017 U.S. Dist. LEXIS 10817 (S.D. Ind. Jan. 26, 2017), the United States District Court for the Southern District of Indiana, applying Mississippi law, had...more

The Insider Trading Cartoon Series, Vol. 13 -- The Barry Switzer Story

by Brooks Pierce on

Let's take a stroll back to 1981, when football coach Barry Switzer overheard some information that might have become very profitable. Or would it? It's important to remember that in most insider trading cases, there must be...more

The Rosenbaum Law Firm Review - December 2016

by Ary Rosenbaum on

The Potential Liability of Participant Directed 401(k) Plans. There is a liability lurking there. As children, we were told the story of Jack and The Beanstalk. Jack sells a cow for some "magic beans" and his...more

Avoiding the Minefields of Claims-Made Insurance Coverage

by McGuireWoods LLP on

This is the first in a series of posts relating to what we will call the “minefields” of claims made insurance coverage. Fifty years ago, most insurers issued liability insurance policies on “occurrence” policy forms. As...more

Life Insurance Industry Loses Challenge to Department of Labor Fiduciary Liability Rules

by Hinshaw & Culbertson LLP on

The National Association for Fixed Annuities v. Perez, Civ. 16-1035 (RDM), United States District Court for the District of Columbia, November 4, 2016 In a widely anticipated ruling, the National Association for Fixed...more

[Event] Long-Term Care Conference - October 18th, Richmond, VA

by Williams Mullen on

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,...more

“Going and Coming” Rule Intact Where Employee Not Required to Have Personal Vehicle Available for Company Business

In Jorge v. Culinary Institute of America (No. A143545, filed 9/16/16), a California appeals court held that an employer was not liable on a respondeat superior theory for the negligence of its employee as there was no...more

Court of Appeals Changes Calculation of Statute of Repose

by Sherman & Howard L.L.C. on

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S....more

Deloitte’s $500 Million Sentence

by Wilson Elser on

We have assisted many accounting firms in the creation or revision of their client engagement letters. They very often question the need to include certain provisions intended to limit their liability to their clients and...more

Has your law firm considered a cost effective way of meeting the new Connecticut CLE requirements?

by Pullman & Comley, LLC on

As you know, effective January 1, 2017, every active Connecticut licensed attorney will be required to complete at least 12 credit hours of continuing legal education each year. Of the 12 hours, at least two of the hours...more

Three Immigration Lawyers Sanctioned by the SEC for Brokering EB-5 Investments

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has...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

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear...

by Benesch on

Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more

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