News & Analysis as of

Professional Liability

The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think....more

Professional Liability and Disciplinary Law Newsletter - October 2017 (Dutch)

by Dentons on

Valued readers - With pleasure, I will send you our monthly newsletter in the field of professional liability and disciplinary action. In this edition we pay attention to two developments in the city of Amsterdam (realtors...more

Alabama Court Holds Professional Liability Exclusion Applicable to Negligent Inspection

In its recent decision in AIX Specialty Ins. Co. v. H&W Tank Testing, Inc., 2017 U.S. Dist. LEXIS 169787 (M.D. Ala. Oct. 12, 2017), the United States District Court for the Middle District of Alabama had occasion to consider...more

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

by Hogan Lovells on

On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Insurance Coverage for the Opioid Crisis

by Blank Rome LLP on

With the “opioid epidemic” at an all-time high—and the resulting news coverage and public awareness also at an all-time high—now is the time for pharmaceutical companies, pharmacists, hospitals, doctors, first responders, and...more

Is a Hospital Liable for Staph Infections in Patients?

by Howard Ankin on

A hospital may be held liable for staph infections in patients if there are implications of negligence and medical malpractice. Since hospital staph infections are contracted by patients in numerous ways, negligence or...more

Insurance Coverage – Analysis of Professional Liability Exclusion

by Low, Ball & Lynch on

Energy Insurance Mutual Limited v. ACE American Insurance Company - Court of Appeal, First District (July 11, 2017) - This case involves an insurance coverage dispute arising from an explosion that occurred when an...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

The Sanity of Bank Directors

by Bryan Cave on

On today's podcast, hosts Jonathan Hightower and Rob Klingler discuss the kickoff to the college football season and delve further into Jonathan's article on BankBryanCave.com this week responding to a WSJ Op-Ed by fellow...more

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

Counter-Cyclical Thoughts About D&O Insurance

by Bryan Cave on

It can be a challenge, when economic times are relatively good, to take time away from thinking about new opportunities to discuss topics like D&O insurance. Even though I am biased, I’ll admit that, in those times,...more

Attorneys as Fortune-Tellers—Liability for Errors in Valuing Claims

by Dentons on

In nearly every lawsuit there comes a point when the attorney is asked to evaluate the client's likelihood of success and to assign a value to the case. Because this value will likely be used by the client in determining...more

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

by Dentons on

Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in...more

FAQs about Liability of Public Companies and Companies in Registration for Website and Social Media Content

Understanding a Company’s Potential Liability under the Securities Laws for Website Content - These FAQs address the ways in which company websites and social media platforms can give rise to securities law liability,...more

Florida Court Holds Prior Knowledge Exclusion Precludes Coverage for Malpractice Suit

In its recent decision in Farbstein v. Westport Ins. Corp., 2017 U.S. Dist. LEXIS 125990 (S.D. Fla. Aug. 9, 2017), the United States District Court for the District of Florida had occasion to consider the application of a...more

Even if you’re doing your job as a plan sponsor, you still can get sued

by Ary Rosenbaum on

The fact is that sometimes, bad things happen to good people. That can be said about retirement plans and the good plan sponsors and providers who do their job. No matter how great a job you do, the threat of potential...more

Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation

by LeClairRyan on

The legal landscape in Virginia regarding claims for legal malpractice against estate planning attorneys changed significantly this past year when the Virginia General Assembly adopted legislation to address the issues raised...more

A Primer on Design Professionals’ Liability in Virginia

by Williams Mullen on

When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of...more

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

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