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Goldberg Segalla

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in While Collar Crypto Defense

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FACTS OF THE UNDERLYING ACTION - On September 6, 2024 an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

IMS Legal Strategies on

As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...more

Rumberger | Kirk

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

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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

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Bass, Berry & Sims PLC

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

Dentons

Ep. 28 – Patient Recordings in Non-Residential Care Settings

Dentons on

Has a patient asked you or one of your providers if they could record a conversation or interaction with you? Would your staff know how to handle such a request? Requests from patients and their families to record...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - September 2024

Silence surrounding medical harms hurts patients and the medical care system - An ugly truth of 21st century medicine is that episodes that hurt and kill patients get hidden from public view in the name of patient...more

DLA Piper

SEC Approves PCAOB Rule Amendment That Expands Individual Auditor Enforcement Liability

DLA Piper on

The Securities and Exchange Commission (SEC) approved a proposed amendment to Public Company Accounting Oversight Board (PCAOB) Rule 3502. The amended rule expands enforcement liability for associated persons who...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Freiberger Haber LLP

Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action

Freiberger Haber LLP on

In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction...more

Legal Internet Solutions Inc.

Gen AI and Attorney Ethics: A State-by-State Roundup

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more

Lowenstein Sandler LLP

Broker Malpractice: How Policyholders Can Proactively Protect Themselves

Today, hosts Lynda A. Bennett and Eric Jesse discuss a recent decision that addresses broker malpractice – a common claim for policyholders to pursue after learning insurance protection is unavailable or insufficient to cover...more

Esquire Deposition Solutions, LLC

Sidestepping Conflicts and Other Ethical Pitfalls in Employee Depositions

This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more

Marshall Dennehey

Legal Roundup - New Jersey

Marshall Dennehey on

An “almost perfect storm of events” warranted additional time to file an Affidavit of Merit. Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Part 2: Don't Let the Jokers Drive You Batty! What We Can Learn from Batman about Maintaining Our Sanity (and Ethics) in...

All Nelson Mullins Alumni are invited to join Chris Osborn, Esq., and Michael Kahn for part two of our Ethics CLE Series focused on lawyers remaining ethical while practicing law. In part one, we explored the frustrations and...more

Marshall Dennehey

Legal Roundup - Pennsylvania

Marshall Dennehey on

Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Goldberg Segalla

Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient

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Stellar defense work by Goldberg Segalla partner Christopher F. Lyon secured in New York County Supreme Court the dismissal of a claim brought against our client in a legal malpractice action. The case was filed by a...more

McDermott Will & Emery

Trending in Telehealth: July 16 – 22, 2024

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Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Suspension Renewed

Not surprisingly, the Special Committee of the Federal Circuit after an Oral Hearing on July 10th voted unanimously the maintain Judge Newman's suspension (see "Judge Newman Suspended for One Year by Federal Circuit") handed...more

Marshall Dennehey

Law Firm Breakups

Marshall Dennehey on

Law firm breakups are fraught with the potential for attorney misconduct. Attorneys who determine they can no longer work together will often take the additional step of accusing one another of inappropriate conduct....more

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

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Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

IMS Legal Strategies

The Truth Told Well: Medical Malpractice Witness Preparation

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Nuclear verdicts are an ever-present peril looming over today’s medical malpractice trials. In 2022’s Thapa v. St. Cloud Orthopedic Associates, jurors handed down one of the most shocking med-mal verdicts to that point: $111...more

Esquire Deposition Solutions, LLC

False Testimony During Deposition Calls for Careful Response

This blog post is the second in a series on common ethical challenges that arise when preparing for and conducting depositions. What is a litigator ethically bound to do when a client lies during a deposition? This is not an...more

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