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The Volkov Law Group

The Dangers of AI Inaccuracy — Why Human Verification Is Non-Negotiable

The Volkov Law Group on

Let me say something that the technology industry does not say loudly enough. Artificial intelligence makes mistakes. Serious ones. And in high-stakes professional environments, those mistakes can cause real harm....more

Kennedys

Go ahead, disprove my case! – Section 52 of the Wrongs Act 1958 (Vic), hypothetical counterfactuals and the onus of proof

Kennedys on

Danbol Pty Ltd v ACN 007 198 343 Pty Ltd [2026] VSC 305 22 May 2026 - Key background facts - The defendant was the plaintiff’s (insured) insurance broker. The insured was at all material times the owner of a large...more

The Volkov Law Group

Episode 421 -- The Dangers of AI Mistakes

The Volkov Law Group on

Artificial intelligence tools remind us every day that they can make mistakes — but in the rush to embrace AI's extraordinary capabilities, the professional and compliance communities are not taking that warning seriously...more

Clark Hill PLC

Critical Risk Mitigation Provisions for Design Contracts - Part 2: Limitation of Liability Clauses

Clark Hill PLC on

As discussed in Part 1 of this series, design professionals face significant exposure for claims arising out of alleged errors and omissions in the performance of their services. While waivers of consequential damages help...more

Hogan Lovells

AI in courts demands disciplined legal workflows

Hogan Lovells on

Courts are confronting AI hallucinations, but real challenge is building safe, effective legal workflows and supervision. The English courts are now dealing with a steady flow of AI-generated legal material. Some is...more

McCarter & English, LLP

New Jersey 2025 Regulatory Updates: Part 2

Sexual Misconduct Prevention- On May 5, 2025, the New Jersey Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners (Board) published 57 N.J.R. 924(a), which amended N.J.A.C. §...more

Clark Hill PLC

Critical Risk Mitigation Provisions for Design Contracts - Part 1: Waiver of Consequential Damages

Clark Hill PLC on

An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not...more

NAM (National Arbitration and Mediation)

The Architecture of Resolution: How to Drive a Successful Early MedMal Mediation

A successful early mediation doesn't happen by accident. Simply showing up to a conference room early in the litigation lifecycle is not enough to guarantee a favorable settlement....more

Marshall Dennehey

Limiting Agent Liability in Pennsylvania: Knowledge, Reliance, and the E&O Landscape

Marshall Dennehey on

Errors & Omissions (E&O) claims against real estate professionals in Pennsylvania frequently arise from allegations of nondisclosure or misrepresentation. However, Pennsylvania law provides meaningful guardrails for defense...more

Marshall Dennehey

Misrepresentations of the Next Degree: Expanding Broker Liability After Penn Outdoor

Marshall Dennehey on

Services v. Harleyville Insurance Co. There has been a noticeable increase in claims against insurance brokers over recent years, with plaintiffs beginning to frame coverage disputes as actions sounding in negligence and...more

Marshall Dennehey

New York Court Rejects Tolling Argument in Negligent‑Procurement Suit Filed After Coverage Litigation

Marshall Dennehey on

Johnson v. Northeast Agencies, Inc., 242 A.D.3d 414 (1st Dep’t 2025) - One of the recurring challenges in professional liability litigation—especially in claims against insurance brokers—is determining exactly when a claim...more

Vedder

Highlights from American Law Institute’s Accountants’ Liability Conference 2026

Vedder on

The American Law Institute’s annual Accountants’ Liability conference was held on May 14 and 15, 2026, in Washington, D.C. The conference, now in its 36th year, was co-hosted by Junaid A. Zubairi, Chair of Vedder’s...more

Butler Snow LLP

Under Berk, is state court better? Removing a case to federal court may now cost defendants an early exit strategy.

Butler Snow LLP on

In Berk v. Choy, the Supreme Court of the United States held that a state affidavit-of-merit requirement could not be used to dismiss a medical malpractice case filed in federal court because the Federal Rules of Civil...more

Weintraub Tobin

Before the Lawsuit: A California Professional Fiduciary’s Guide to Managing Litigation Risk

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Professional fiduciaries are hired for their expertise, experience, and neutrality. Courts precisely appoint professional fiduciaries because of familial strife and complex administrations. Yet, time and time again, skilled...more

Rivkin Radler LLP

May 2026 Insurance Update

Rivkin Radler LLP on

Just shy of a “full house,” is how you might describe our May insurance update. We have a pair of cases from the Colorado Supreme Court that discuss the failure to cooperate defense, UIM exhaustion, and the status of a...more

Schwabe, Williamson & Wyatt PC

Oregon Court Affirms Immunity for Mental Health Hold Decisions

On May 13, 2026, the Oregon Court of Appeals confirmed that licensed healthcare practitioners and hospitals have immunity under ORS 426.335(5) from claims that they were negligent in determining that person does not meet the...more

May 15 Issue – Reporting Lawyer Who Violates the Rules

Q: Dear Ethics Lawyer, I have a question about the duty to report professional misconduct. I have learned that a lawyer (Bill) in our firm accidentally copied a lawyer from another firm with an email intended for a client,...more

Goodell, DeVries, Leech & Dann, LLP

Maryland Supreme Court Affirms Disbarment for Intentional Dishonesty

It is never acceptable for an attorney to engage in deceitful and intentionally dishonest conduct. Doing so violates Md. Rule 19-308.4(c) and is of course grounds for discipline. Originally Published in The Daily Record -...more

NAM (National Arbitration and Mediation)

Precision Timing: The 3 Strategic Windows for Early MedMal Mediation

Litigators are naturally conditioned to gather as much information as possible. But in medical malpractice, the pursuit of “perfect” information is a financial trap for everyone involved....more

Hogan Lovells

Causation, statutory architecture, and the limits of auditor liability - Wine Enterprise v Crowe

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Auditor negligence claims are rarely won on breach alone. In Wine Enterprise v Crowe, the English High Court focused on whether a different audit approach would realistically have changed the company’s trajectory, and on the...more

Marshall Dennehey

New Jersey Appellate Division Clarifies Limits of Transactional Attorneys’ Duties and Proof of Damages in Legal Malpractice Claims

Marshall Dennehey on

On April 15, 2026, the New Jersey Appellate Division issued an important decision in Gonzalez v. DiBello, et al., A‑2334‑24 (App. Div. Apr. 15, 2026), affirming summary judgment in favor of a transactional attorney accused of...more

Vinson & Elkins LLP

You Suspect Your Client Committed Tax Fraud: Now What?

Vinson & Elkins LLP on

What is a tax practitioner to do when they suspect—or worse, know— that their client committed tax fraud? In the first and second parts of this three-part series, we discussed the basic elements of civil tax fraud and...more

Morgan Lewis

Securities Enforcement Roundup – April 2026

Morgan Lewis on

In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments from April 2026. In April 2026: On April 7, the SEC announced its enforcement results for the fiscal year that...more

Freeman Mathis & Gary

Federal pleading rules override State “Certificates of Merit”: What this means for design professionals

Freeman Mathis & Gary on

The U.S. Supreme Court’s January 2026 decision in Berk v. Choy marks an important development in professional liability litigation with implications extending beyond medical malpractice. For architects, engineers, and other...more

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

Fiduciary malpractice in the coordinated drafting of trust instruments for married couples: When equity’s restitution for unjust...

The lawyer-agent owes an equity-based fiduciary duty of undivided loyalty to the client-principal. Incidents of that overarching duty are the sub-duties of confidentiality and full disclosure. Assume a lawyer proposes to...more

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