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Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

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In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Cadwalader, Wickersham & Taft LLP

Comments Would Limit Circular 230 Proposed Regulations

On December 26, 2024, the IRS published proposed regulations on Circular 230, which governs the conduct of practitioners who practice before the IRS. The New York State Bar Association Tax Section (NYSBA) has submitted...more

Goldberg Segalla

Lawyers Beware: Litigation Funding Leads to Malpractice

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As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his...more

Miles Mediation & Arbitration

Mandatory Mediation Clauses in Retainer Agreements

We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more

Cimplifi

ABA Guidance on the Use of AI

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When it comes to ethics for lawyers, one of the most important organizations for guidance is the American Bar Association (ABA), which has established ethical rules for conduct by lawyers. The ABA Model Rules of Professional...more

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...more

Fishman Haygood LLP

ABA Issues Formal Opinion for Lawyers Advising Organizational Clients Where Constituents Might Have Conflicts of Interests or Be...

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The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more

Jones Day

Jones Day Talks®: Corporate Fraud Investigations in 2025: Lessons, Trends, and Need-to-Knows

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Corporate fraud remains a persistent and potentially damaging threat to companies across industries, sectors, and borders. The risks are substantial and the penalties are daunting. Jones Day partner Jeff Schenk, a former...more

Poston Communications

Crisis: What Role Does Leadership Play in Crisis Communications?

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When law firms or legal departments face crises, whether that be a data breach exposing client information, allegations of professional misconduct, a high-profile case gone awry or something truly unexpected, strong...more

Stevens & Lee

Can Pennsylvania Certified Registered Nurse Practitioners Own a Medical Practice Solo?

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In Pennsylvania, Certified Registered Nurse Practitioners (CRNPs) do not have independence of practice. They may provide diagnoses and prescribe treatments only in collaboration with a physician, as per the details of their...more

Miles Mediation & Arbitration

Education Divison Updates: Q&A with Tangela Richmond

In this month’s Thoughts from the Top, we speak with Tangela Richmond, our director of education, about recent updates that can be expected from our Education Division....more

Carr Maloney P.C.

Nonrefundable Advanced Legal Fees are Per Se Unethical Under the Proposed New Rule of Professional Conduct 1.5(g)

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At its March 1, 2025, meeting, the VSB Council voted to approve changes to Rule of Professional Conduct 1.5. The proposed amendment to the Rule includes a new subjection (g), which codifies an understanding that has been...more

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Goodell, DeVries, Leech & Dann, LLP

Legal Ethics and AI: Oops, I Did It Again...

No, I am not referring to the Britney Spears song. Instead, it’s fake case cites, a judge’s admonition, sanctions and impending discipline. Today’s lesson comes from U.S. District Court Judge Kelly Rankin in the District of...more

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Marshall Dennehey

Legal Roundup – Pennsylvania

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Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty - Kunkel v. Abington Memorial Hospital, 2024 PA Super 298 (Pa. Super. Ct. Dec. 13, 2024) - The Superior Court of Pennsylvania...more

Greenbaum, Rowe, Smith & Davis LLP

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more

Goldberg Segalla

New Jersey Attorney Cleared of Alleged Malpractice

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The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Robinson+Cole Data Privacy + Security Insider

Lawyers Sanctioned for Citing AI Generated Fake Cases

In another “hard lesson learned” case, on Monday, February 24, 2025, a federal district court sanctioned three lawyers from the national law firm Morgan & Morgan for citing artificial intelligence (AI)-generated fake cases in...more

Marshall Dennehey

Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is...

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On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more

Dentons

Ep. 50 – Three Physician Compensation Mistakes to Avoid

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In January, the Department of Justice released its annual fraud statistics summarizing health care fraud settlements and judgments during the 2024 fiscal year. Last year, there were over $2.9 billion in fraud settlements and...more

Jackson Walker

Texas Supreme Court Clarifies Limits on Business Fiduciary Duties

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On February 21, 2025, the Supreme Court of Texas delivered a significant ruling in the case of Pitts v. Rivas, addressing the issue of fiduciary duties within professional relationships. The Court concluded that no fiduciary...more

Quarles & Brady LLP

Alabama Bill Proposes Rewrite of Pharmacy Practice Act

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The future direction of the Alabama Board of Pharmacy (“the Board”) hangs in the balance following recent legislation that, if passed, would revise many portions of the state Pharmacy Practice Act. House Bill 123, sponsored...more

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