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Freeman Mathis & Gary

Q1 - 2026 - FMG Professional Liability Quarterly Report

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A summary of the important professional liability topics by our expert team members for the first quarter. USPS POSTMARK PROCEDURE CHANGE- The U.S. Postal Service has implemented a significant operational change that...more

Offit Kurman

Caught in the Middle: A Major League Baseball Family Trust Dispute

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Those of us living in the middle of the Sandwich Generation know that the role is rarely just about caretaking and logistics. It is about judgment, advocacy, and sometimes the uncomfortable responsibility of questioning what...more

Levenfeld Pearlstein, LLC

Training the AI-Enabled Lawyer: Educating Attorneys on Effective and Ethical Use of Gen AI Tools

As attorneys continue to implement generative AI (GAI) tools across live client work, law firms are recognizing that comprehensive associate training represents a critical component of responsible GAI integration. In a recent...more

Goldberg Segalla

Malpractice Arising from Cybertheft at Closing

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Of all classes of attorneys, those who handle real estate transactions are some of the most vulnerable to a legal malpractice suit. We have previously posted about the trend highlighted by the ABA that a higher percentage of...more

Wiley Rein LLP

Sometimes Knowledge Isn’t Enough: Connecticut Court Finds Application of Prior Knowledge Exclusion is a Matter for the Factfinder

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The Superior Court of Connecticut, applying Connecticut law, has held that the question of whether a professional liability policy’s prior knowledge exclusion barred coverage for a malpractice action is an issue for the trier...more

Husch Blackwell LLP

AI-Assisted Pro Se Litigation: Who Pays the Price?

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In January 2024, Plaintiff Graciela Dela Torre settled her long-term disability claim with Nippon Life Insurance Company (Nippon) and dismissed her case with prejudice. Later, Plaintiff Dela Torre questioned her settlement....more

Bricker Graydon Wyatt LLP

Ohio’s Bright-Line on Contract Drafting by Nonlawyers in Construction Projects

On many projects, owners and project teams are under intense pressure to keep procurement moving and to meet deadlines. Sometimes an architect, construction manager, or owner’s representative offers to “draft the contract,”...more

Foley & Lardner LLP

Reading Between the Lines: The New SEC SOX Enforcement Group

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The recent job postings by the Securities and Exchange Commission (SEC) on USAJOBS.gov — the U.S. government’s job board — has caused speculation regarding the future of the Public Company Accounting Oversight Board’s (PCAOB)...more

King & Spalding

The SEC’s New SOX Group – Potential Impacts for Audit Firms, Their Professionals, and Future PCAOB Enforcement

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Recent reporting and official job postings have made clear that the SEC is forming a new group within its Division of Enforcement to focus on investigating and enforcing violations by audit firms and their professionals....more

Greenbaum, Rowe, Smith & Davis LLP

From Supervision to Independence: New Jersey Rewrites the APN Rulebook

On March 30, 2026, New Jersey Governor Mikie Sherrill signed legislation making permanent the ability of certain qualified Advanced Practice Nurses (APNs) to practice and prescribe independently in New Jersey, marking a...more

Marshall Dennehey

Pennsylvania Superior Court Effectively Expands Statute of Limitations for Legal Malpractice Claims in Pennsylvania

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After much anticipation, the Pennsylvania Superior Court issued its en banc decision in Poteat v. Asteak on December 11, 2025. In Poteat, the Superior Court sitting en banc confirmed an earlier opinion addressing the...more

Marshall Dennehey

Florida Fourth DCA Clarifies Limits of Attorney Liability in Third‑Party Opinion Letters

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The Florida Fourth District Court of Appeal recently affirmed that an attorney who prepares an opinion letter on behalf of the borrowers for the benefit of the lender in an arms-length transaction does not owe a duty to the...more

Marshall Dennehey

New Jersey Defines When Attorneys Owe Duties to Non‑Client

Marshall Dennehey on

Christakos v. Boyadjis, 262 N.J. 447 (2026) - When does an attorney owe a non-client a duty of care? And when can that non-client bring forth an action for legal malpractice? Christakos v. Boyadjis, 262 N.J. 447 (2026),...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 346: Listen and Learn -- Communication with Opposing Parties (Professional Responsibility)

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Welcome back to the Bar Exam Toolbox podcast! Today we're discussing Rule 4.1 of both the ABA and the California Rules of Professional Conduct -- what it prohibits and allows lawyers to do when communicating with opposing...more

McDermott Will & Schulte

Absent a client waiver, attorney-client relationship survives conflict

Reversing a district court order requiring the disclosure of attorney-client communications and holding a law firm in civil contempt, the US Court of Appeals for the Federal Circuit ruled that an attorney’s conflict of...more

Marshall Dennehey

No Certificate of Merit Requirement in Federal Court

Marshall Dennehey on

Berk v. Choy, 607 U.S. ---, --- S. Ct. ---, 2026 WL 135975 (January 20, 2026) - In Pennsylvania, it has long been the rule that a party pursuing a lawsuit against a licensed professional must first obtain expert support for...more

Cooley LLP

New SEC Enforcement “SOX Group” to Target Auditors

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As noted in this Reuters article, the SEC’s Enforcement Division has formed a new “SOX Group” that will target auditors for violations of auditing and professional standards....more

Akerman LLP - Health Law Rx

Sunshine State of Health: Reviewing Florida’s 2026 Healthcare Legislation

During its recently adjourned regular session, the Florida Legislature passed several bills that affect the state’s healthcare industry, including legislation that creates a new specialty license type for Assisted Living...more

McDermott Will & Schulte

AI platforms and privilege: Tax departments should be wary about what they share

Today’s artificial intelligence (AI) platforms have shown impressive capabilities that keep evolving. As those capabilities improve, tax departments may be inclined to leverage AI’s analytical power....more

White and Williams LLP

PA Certificate of Merit Reform: Right Idea, Wrong Approach

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Pennsylvania legislators have long grappled with striking the right balance between maintaining open courts to allow individuals truly injured by medical negligence to receive fair compensation against the equally important...more

Polsinelli

North Carolina Federal Court Lets ESOP Fiduciary Claims Proceed, Underscoring Active Oversight Duties

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A North Carolina district court largely denied motions to dismiss ERISA and malpractice claims arising from a leveraged ESOP transaction and subsequent sale, allowing fiduciary breach claims against an independent trustee,...more

Swope, Rodante P.A.

Berk v. Choy and Federal Pleading: Implications for Florida Medical Negligence Litigators

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The Supreme Court’s January 20, 2026 decision in Berk v. Choy, 607 U.S. ___ (2026), held that Delaware’s affidavit-of-merit requirement—mandating an expert affidavit accompany a medical malpractice complaint—does not apply in...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from March 20, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, March 20, which included the following opinion of interest to the Alabama business community...more

Pillsbury Winthrop Shaw Pittman LLP

AI and Privilege: Lessons from U.S. v. Heppner and the Emerging UK Position

Courts in both the UK and the U.S. are increasingly encountering the implications of generative AI outputs in litigation, which raises a foundational question: When does an AI generated communication attract legal privilege,...more

Morgan Lewis

The Risks of Hallucinations and Misuse of Generative Artificial Intelligence Before French Courts

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As with many other jurisdictions worldwide, French courts are starting to be confronted with hallucinations created by artificial intelligence (AI), which take the form of erroneous case-law references produced in the...more

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