Legal Updates

• Practices: Counselors for the Profession

301 matches.

• Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent
  Lawyers for the Profession®
  September 30, 2024
• A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case
  Lawyers for the Profession®
  May 3, 2024
• California's New "Snitch" Rule Means Attorneys Must Report Other Attorneys' Misconduct to the State Bar or Tribunal
  Lawyers for the Profession®
  July 17, 2023
• New York Federal Judge Declines to Reconsider Decision That Continuous Representation Doctrine Does Not Toll Statute of Limitations
  Lawyers for the Profession®
  July 10, 2023
• Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court
  Lawyers for the Profession®
  June 20, 2023
• Absolute Litigation Privilege Bars Claim for Intentional Infliction of Emotional Distress Even Where Conduct is Unreasonable
  Lawyers for the Profession®
  June 13, 2023
• Law Firm Exonerated Because an Unforeseen Change in a Party's Testimony was the Superseding Cause of the Claimed Malpractice Injury
  Lawyers for the Profession®
  June 6, 2023
• New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing
  Lawyers for the Profession®
  May 31, 2023
• Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties
  Lawyers for the Profession®
  April 4, 2023
• New Jersey Appellate Court Affirms Summary Judgment in Favor of Malpractice Defendants Due to Plaintiff's Failure to Establish Duty and Proximate Cause
  Lawyers for the Profession
  March 27, 2023
• Illinois Appellate Court Affirms That Attorney Representing a Closely Held Business Does Not Owe a Duty to its Managing Member
  Lawyers for the Profession®
  March 1, 2023
• Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File Post-Trial Motion
  Lawyers for the Profession®
  February 16, 2023
• Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and Salvaged Plaintiff's Case
  Lawyers for the Profession®
  December 20, 2022
• California Court Affirms Ethical and Statutory Obligation to Warn Opposing Counsel of Intent to Seek Default
  Lawyers for the Profession®
  October 25, 2022
• When Aggressive Tactics Cross the Line: Illinois ARDC Suspends Lawyer Accused of Sending "Abusive and Aggressive" E-Mails
  Lawyers for the Profession®
  October 7, 2022
• Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in Underlying Case
  Lawyers for the Profession®
  September 30, 2022
• Massachusetts Court Applies Litigation Privilege to Dismiss Claims Against Attorney Accused of Fraudulent Activity During Trial
  Lawyers for the Profession®
  August 17, 2022
• Pennsylvania Allows Suit Against Attorneys for "Bad Settlements" Where Fraud/Negligence Alleged
  Lawyers for the Profession®
  August 1, 2022
• Clients Also Have Responsibilities: Plaintiffs' Lack of Diligence Defeats Fraudulent Concealment Claim and Precludes Tolling of Statute of Repose
  Lawyers for the Profession®
  June 20, 2022
• Summary Judgment Granted in Defendants' Favor As There Was No Attorney-Client Relationship Between Plaintiffs And Defendants
  Lawyers for the Profession®
  May 13, 2022
• Lawyer Unsuccessfully Attempts to Invoke Statute of Limitations Defense in Malpractice Claim Alleging He Missed Statute of Limitations on Underlying Claims
  Lawyers for the Profession®
  May 2, 2022
• California Appellate Court Denies Anti-SLAPP Motion and Sanctions Attorney for his "Tunnel Vision"
  Lawyers for the Profession®
  April 26, 2022
• In Unusual Ruling, Rhode Island Supreme Court Excuses Statute of Limitations Violation Because of COVID-Related Issues
  Lawyers for the Profession
  April 5, 2022
• Third Circuit Affirms Plaintiff Must Establish He Would Have Prevailed in Underlying Case But For Attorneys' Alleged Negligence
  Lawyers for the Profession®
  March 30, 2022
• California Court: Attorney's Failure to Cite Known Adverse Authority Violated Duty of Candor To Court
  Lawyers for the Profession®
  March 11, 2022
• When Aggressive Settlement Tactics Go Too Far: California Appellate Court Holds Counsel's Threat to Reveal Opponent's Alleged Illegal Activity was Extortion
  Lawyers for the Profession®
  February 8, 2022
• "Bonus Payment" Phishing Emails Are Seeking New Ransomware Victims
  Law Firm Cyber Alerts
  February 3, 2022
• Illinois Supreme Court Applies Adverse Judgment Rule, Rejects Statute of Limitations Defense in Legal Malpractice Claim
  Lawyers for the Profession®
  February 1, 2022
• Defendant's Due Process Rights Violated When Counsel's Remote Technology Prevented Meaningful Participation in Trial
  Lawyers for the Profession®
  January 24, 2022
• Illinois Appellate Court Reverses Summary Judgment for Defendants on Plaintiffs' Malpractice Claims Stemming From $2.8 Million Estate Dispute
  Lawyers for the Profession®
  October 26, 2021
• Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law
  Lawyers for the Profession®
  October 14, 2021
• Marijuana Company's Legal Malpractice Claim Goes Up in Smoke
  Lawyers for the Profession®
  October 1, 2021
• Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation
  Lawyers for the Profession®
  September 13, 2021
• Practical Tips to Mitigate Legal Risk When Videoconferencing
  Lawyers for the Profession®
  December 11, 2020
• Is New York's New Consumer Privacy Bill a Bridge Too Far?
  Hinshaw Alert
  November 2, 2020
• Owners of Apple Devices Like iPhones Advised to Turn Off FaceTime App Until Apple Issues a Patch
  Cyber Alert
  January 29, 2019
• What a Famous Hip-Hop Artist Can Teach About Cyber Security
  Cyber Alert
  November 27, 2018
• State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope, Validity Or Infringement Of Patent
  Lawyers for the Profession®
  March 16, 2017
• Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation
  Lawyers for the Profession®
  January 9, 2017
• Trial Court's Error in Underlying Case Was Superseding Cause of Plaintiffs' Claimed Damages
  Lawyers for the Profession®
  September 20, 2016
• Anti-SLAPP Applies to Concealment Claim
  Lawyers for the Profession®
  September 8, 2016
• Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity
  Lawyers for the Profession®
  September 6, 2016
• Supreme Court of Nevada Holds That Legal Malpractice Claim Was Impermissibly Assigned
  Lawyers for the Profession®
  August 25, 2016
• Illinois Court Holds That $6.5 Million Malpractice Claim Barred By Statute of Repose
  Lawyers for the Profession®
  August 22, 2016
• Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court
  Lawyers for the Profession®
  July 27, 2016
• New York Recognizes Attorney-Client Privilege Regarding Consultations with Firm's General Counsel
  Lawyers for the Profession®
  July 13, 2016
• Illinois Appellate Court Holds That Legal Malpractice Claim Was Barred by Six-Year Statute of Repose, and Collateral Estoppel Precluded Fraudulent Concealment Claim
  Lawyers for the Profession®
  July 5, 2016
• New York and North Carolina Take a Narrow Approach to Common Interest Doctrine
  Lawyers for the Profession®
  June 24, 2016
• Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney
  Lawyers for the Profession®
  April 20, 2016
• Colorado Supreme Court Upholds the "Strict Privity Rule" When Interpreting Attorney-Client Relationship
  Lawyers for the Profession®
  April 12, 2016
• Texas Court Holds That Law Firm is Immune From Liability to Claims by Non-Client
  Lawyers for the Profession®
  March 22, 2016
• California Court Reluctantly Vacates Dismissal of Legal Malpractice Action
  Lawyers for the Profession®
  March 16, 2016
• Communications in Anticipation of Litigation Held Subject to California's Anti-SLAPP Statute
  Lawyers for the Profession®
  February 16, 2016
• Client Agreement and Failure to Terminate Representation Under the Terms of Client Agreement Results in Firm's Disqualification Under Concurrent Representation Rule
  Lawyers for the Profession®
  January 25, 2016
• Illinois Claim for Aiding and Abetting Client's Breach of Fiduciary Duty Time-Barred
  Lawyers for the Profession® Alert
  January 11, 2016
• Oregon Supreme Court Limits Mediation Confidentiality
  Lawyers for the Profession® Alert
  December 16, 2015
• Federal Court in New York Court Finds No Implied Attorney-Client Relationship
  Lawyers for the Profession® Alert
  October 29, 2015
• Former Shareholders' Claims Fail for Lack of Standing and Absence of Damages
  Lawyers for the Profession® Alert
  October 21, 2015
• Kansas Draws the Line Regarding Actual Innocence and Legal Malpractice Actions
  Lawyers for the Profession® Alert
  September 10, 2015
• Illinois Legal Malpractice Action Barred By Res Judicata and Rule Against Claim-Splitting
  Lawyers for the Profession® Alert
  August 27, 2015
• Legal Malpractice Action Time-Barred By Statutes of Repose and Limitations
  Lawyers for the Profession® Alert
  August 18, 2015
• Future Conflict Waiver Allows Firm to Representation Adverse to Former Client
  Lawyers for the Profession® Alert
  August 11, 2015
• Absolute Attorneys' Litigation Privilege Bars Claims By Non-Clients
  Lawyers for the Profession® Alert
  July 22, 2015
• Ethical Wall Does Not Preclude Disqualification of Firm
  Lawyers for the Profession® Alert
  July 8, 2015
• California Court Extends Attorney-Client Privilege to Protect Attorneys' Invoices
  Lawyers for the Profession® Alert
  June 29, 2015
• Plaintiff's Failure to Disclose Expert Was Fatal to Legal Malpractice Claim
  Lawyers for the Profession® Alert
  June 8, 2015
• Illinois Appellate Court Affirms $6 Million Judgment, But Also Upholds Jury's Rejection of Claim for Lost Profits
  Lawyers for the Profession® Alert
  May 13, 2015
• Legal Malpractice Action Time-Barred and Fraudulent Concealment Claim Rejected
  Lawyers for the Profession® Alert
  May 7, 2015
• Virginia Supreme Court Recognizes Judgmental Immunity (or "Error-in-Judgment" Rule), But Collectability Is an Affirmative Defense of Attorney Defendant
  Lawyers for the Profession® Alert
  April 15, 2015
• Collateral Estoppel Defense to Malpractice Claim Rejected and Derivative Claims Addressed
  Lawyers for the Profession® Alert
  April 13, 2015
• Mediation Confidentiality Precludes Inferences of Malpractice
  Lawyers for the Profession® Alert
  April 1, 2015
• Failure to Challenge Victim's Credibility Sufficient to State Malpractice Claim Against Defense Counsel
  Lawyers for the Profession® Alert
  March 25, 2015
• Under Dual Representation Doctrine, Privilege Does Not Apply to Communications Related to Matters on Which Attorney Represents Both Clients
  Lawyers for the Profession® Alert
  March 23, 2015
• Misrepresentation in Renewal Application Voids Professional Liability Policy
  Lawyers for the Profession® Alert
  March 5, 2015
• Paralegal's Mistake Costs Lender (JPMorgan Chase) a $1.5 Billion Security Interest in Loan
  Lawyers for the Profession® Alert
  February 13, 2015
• Estate Held Liable for $1.2 Million Based on Failure to Timely File Estate Tax Return Due to Attorney's Brain Cancer
  Lawyers for the Profession® Alert
  January 21, 2015
• California Court Upholds In-House Counsel Privilege
  Lawyers for the Profession® Alert
  December 10, 2014
• Third-Party Intended Beneficiary of Estate Planning Document Has Standing to Bring Malpractice Claim Against Attorney for Drafting Error
  Lawyers for the Profession® Alert
  December 2, 2014
• New York Accepts Likely-To-Succeed Standard for Appeals In Underlying Cases
  Lawyers for the Profession® Alert
  November 6, 2014
• No Duty to Defend Based on Insured's Material Misstatement at Time of Renewal
  Lawyers for the Profession® Alert
  October 29, 2014
• Under Dual Representation Doctrine, Attorney-Client Privilege Generally Does Not Apply to Communications Related to Matters on Which the Attorney Represents Both Clients
  Lawyers for the Profession® Alert
  October 21, 2014
• Illinois Supreme Court Addresses Calculation of Damages in Legal Malpractice Action
  Lawyers for the Profession® Alert
  October 14, 2014
• Plaintiff's Failure to Have Expert Define the Standard of Care was Fatal to Claim
  Lawyers for the Profession® Alert
  August 20, 2014
• Insurer Ordered to Produce Communications With its Counsel Regarding Settlement of Bad Faith Claim, Which Led to Legal Malpractice Action Against Defense Counsel
  Lawyers for the Profession® Alert
  July 31, 2014
• California Court Awards Attorneys' Fees in Legal Malpractice Case Based on Rates that Exceeded the Actual Amounts Billed
  Lawyers for the Profession® Alert
  July 17, 2014
• Unfinished Business Doctrine No Longer Applicable To New York Law Firms
  Lawyers for the Profession® Alert
  July 8, 2014
• Exoneration Rule Is Alive and Well in Texas
  Lawyers for the Profession® Alert
  June 25, 2014
• Non-Client Awarded Damages for Emotional Distress
  Lawyers for the Profession® Alert
  May 20, 2014
• Exoneration Defense Not Applicable to Criminal Contempt Order in Civil Case
  Lawyers for the Profession® Alert
  May 8, 2014
• Failure to Comply With Fee-Sharing Agreement Rules Results in Loss of Fee
  Lawyers for the Profession® Alert
  April 30, 2014
• Expert Testimony Not Required For Attorney's Mishandling of Client Checks
  Lawyers for the Profession® Alert
  April 2, 2014
• Trial Court's Error Constituted an Intervening Cause of Plaintiff's Claimed Damages
  Lawyers for the Profession® Alert
  March 28, 2014
• Attorney's Death Is Not Excuse For Allowing Statute of Limitations to Expire
  Lawyers for the Profession® Alert
  March 17, 2014
• Illinois' Statute of Repose Is Not Limited to Claims Asserted By Client
  Lawyers for the Profession® Alert
  February 26, 2014
• Damages Caused by the Court's, Not the Lawyer's, Mistake
  Lawyers for the Profession® Alert
  February 20, 2014
• Ninth Circuit Provides Comprehensive Analysis of Anti-SLAPP Statute Application
  Lawyers for the Profession® Alert
  February 5, 2014
• Under Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause
  Lawyers for the Profession® Alert
  December 23, 2013
• Final Due Date for Filing Estate Taxes Triggered Statute of Limitations in Third-Party Complaint for Contribution
  Lawyers for the Profession® Alert
  December 12, 2013
• Negligent Attorney Not Entitled to Setoff For His Attorney's Fees
  Lawyers for the Profession® Alert
  December 4, 2013
• Washington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel
  Lawyers for the Profession® Alert
  November 6, 2013
• Former Clients Who Are Indigent May Be Excused From Paying Arbitration Fees
  Lawyers for the Profession® Alert
  October 29, 2013
• Expert's Opinion That Settlement Was Inadequate Was Insufficient To Establish Damages
  Lawyers for the Profession® Alert
  October 23, 2013
• Attorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
  Lawyers for the Profession® Alert
  October 10, 2013
• Law Firm Not Entitled to Summary Judgment After Failing to Advise CEO of Unauthorized Loans by CFO
  Lawyers for the Profession® Alert
  August 7, 2013
• Guilty Plea Does Not Protect Lawyer Providing Advice Before Criminal Acts
  Lawyers for the Profession® Alert
  June 12, 2013
• Alleged Fiduciary Duty Breach Duplicative of Negligence Claim
  Lawyers for the Profession® Alert
  June 5, 2013
• Legal Malpractice Policy Covered Law Firm After Falling Victim to "Phishing Scheme"
  Lawyers for the Profession® Alert
  May 29, 2013
• Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer's Duty
  Lawyers for the Profession® Alert
  May 15, 2013
• Attorneys Owe Duty to Next of Kin in Wrongful Death Action
  Lawyers for the Profession® Alert
  May 8, 2013
• Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client
  Lawyers for the Profession® Alert
  May 1, 2013
• Lawyer Not Liable for Failure to Make a Better Argument to Avoid an Error by the Trial Court
  Lawyers for the Profession® Alert
  April 26, 2013
• Law Firm’s Continued Availability for Background Information Did Not Rekindle the Attorney-Client Relationship
  Lawyers for the Profession® Alert
  April 10, 2013
• Conflict Imputed from Client's "Outside In-house Counsel" to Client's Separate Litigation Defense Counsel
  Lawyers for the Profession® Alert
  April 3, 2013
• Claim Seeking Recovery of Excessive Estate Taxes Did Not Survive Death of Client
  Lawyers for the Profession® Alert
  April 1, 2013
• Florida Supreme Court Limits Use of Absolute Privilege as a Defense
  Lawyers for the Profession® Alert
  March 20, 2013
• Federal Court Upholds Validity of Advance Conflict Waiver by Client with In-House Counsel
  Lawyers for the Profession® Alert
  March 13, 2013
• Florida Bar Issues Proposed Advisory Opinion Regarding Cloud Computing
  Lawyers for the Profession® Alert
  March 6, 2013
• Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction
  Lawyers for the Profession® Alert
  February 27, 2013
• U.S. Supreme Court Narrows Federal Jurisdiction For Malpractice Actions Arising out of Federal Patent Issues
  Lawyers for the Profession® Alert
  February 21, 2013
• New Jersey Clarifies Permissible Scope of Transactional Work by Out-of-State Lawyers
  Lawyers for the Profession® Alert
  February 20, 2013
• Legal Expert Cannot Opine on Merits of Underlying Medical Malpractice Case
  Lawyers for the Profession® Alert
  February 13, 2013
• Attorney Who Failed to Challenge Uncertainty in the Law Not Entitled to Dismissal
  Lawyers for the Profession® Alert
  February 6, 2013
• "Suit Within a Suit" Requires Full Jury Instructions and Lost Punitive Damages Are Not Part of Legal Malpractice Recovery
  Lawyers for the Profession® Alert
  January 30, 2013
• Illinois Allows Excess and Umbrella Insurers to Bring Equitable Subrogation Claim Against Law Firm
  Lawyers for the Profession® Alert
  January 23, 2013
• Plaintiff Failed to Establish Collectibility of Underlying Judgment
  Lawyers for the Profession® Alert
  January 9, 2013
• Excess Carrier May Sue Attorneys Retained by Primary Carrier for Equitable Subrogation, But Not Legal Malpractice
  Lawyers for the Profession® Alert
  January 2, 2013
• Plaintiffs Failed to Establish Causation and Damages in "Settle and Sue" Type of Legal Malpractice Action
  Lawyers for the Profession® Alert
  December 12, 2012
• Attorney’s Admission of Error Without Insurer’s Approval Did Not Relieve Insurer of Duty to Defend In Legal Malpractice Action
  Lawyers for the Profession® Alert
  December 5, 2012
• D.C. Bar Clarifies Boundaries for Disclosure of Client Confidences by Discharged In-House Counsel
  Lawyers for the Profession® Alert
  November 28, 2012
• Georgia Deems Intra-Firm Communications Regarding Potential Malpractice Privileged Under Certain Circumstances
  Lawyers for the Profession® Alert
  November 14, 2012
• Ninth Circuit Denies Class Counsel Attorney Fees Due to Conflict
  Lawyers for the Profession® Alert
  November 8, 2012
• Attorney’s Failure to Pursue Enforcement of Judgment Was Actual Injury That Stopped Tolling of Statute of Limitations
  Lawyers for the Profession® Alert
  November 7, 2012
• Duty to Defend Triggered by Allegations of Malicious Prosecution
  Lawyers for the Profession® Alert
  October 31, 2012
• Showing of Proximate Cause Required in Transactional Legal Malpractice Claim
  Lawyers for the Profession® Alert
  October 24, 2012
• IOLTA Indemnification Provisions Trigger Attorney’s Obligation to Indemnify Bank for Underlying Litigation Expenses
  Lawyers for the Profession® Alert
  October 17, 2012
• SDNY Issues Conflicting Opinions Regarding Rights to Dissolved Firm Hourly-Fee Matters
  Lawyers for the Profession® Alert
  October 10, 2012
• Court Rejects Insurer’s Arguments That Claim Was Made Prior to Policy Period and Attorney Knew of Potential Claim
  Lawyers for the Profession® Alert
  September 13, 2012
• Lack of Involvement by Co-Counsel Did Not Preclude Liability for Malicious Prosecution
  Lawyers for the Profession® Alert
  August 22, 2012
• Settlement Agreement Precluded Client From Establishing Justifiable Reliance
  Lawyers for the Profession® Alert
  August 15, 2012
• Public Policy Precludes Nonpecuniary Damages in Legal Malpractice Case Arising out of Criminal Defense
  Lawyers for the Profession® Alert
  August 8, 2012
• Judgment Against Law Firm, Which Included Punitive Damages, Affirmed
  Lawyers for the Profession® Alert
  August 1, 2012
• Supreme Court of Louisiana Upholds Use of Arbitration Clauses in Retainer Agreements
  Lawyers for the Profession® Alert
  July 25, 2012
• Pennsylvania Court Prohibits Commercial Assignments of Legal Malpractice Claims
  Lawyers for the Profession® Alert
  July 18, 2012
• Client Did Not Sustain "Actual Injury" Until Court Ruled on Trust Documents
  Lawyers for the Profession® Alert
  July 11, 2012
• Law Firm Could Compel Arbitration of Claims Despite Being Nonparties to Arbitration Agreement
  Lawyers for the Profession® Alert
  July 3, 2012
• Settlement of Underlying Case Does Not Preclude Malpractice Action
  Lawyers for the Profession® Alert
  June 7, 2012
• Second Circuit Affirms Sanctions Against Law Firm Entity Under Section 1927
  Lawyers for the Profession® Alert
  May 24, 2012
• Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims
  Lawyers for the Profession® Alert
  May 16, 2012
• Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege
  Lawyers for the Profession® Alert
  May 9, 2012
• Plaintiff Not Required to Present Expert Testimony Pertaining to Reasonableness of Attorneys’ Fees Incurred
  Lawyers for the Profession® Alert
  April 25, 2012
• Minnesota District Court Finds Jurisdiction Over Ohio Lawyer
  Lawyers for the Profession® Alert
  April 18, 2012
• Ninth Circuit Reverses Sanctions for Failure to Consider Willfulness, Fault or Bad Faith
  Lawyers for the Profession® Alert
  April 11, 2012
• Bankruptcy Court Authorizes Destruction of Client Files
  Lawyers for the Profession® Alert
  April 4, 2012
• California Federal Court Holds Buyer and Seller Protected by Common Interest Privilege
  Lawyers for the Profession® Alert
  March 28, 2012
• Ohio Federal Court Allows Insurer to Sue Defense Counsel
  Lawyers for the Profession® Alert
  March 22, 2012
• Illinois Appellate Court Rejects Fiduciary Duty Exception to Attorney-Client Privilege
  Lawyers for the Profession® Alert
  March 14, 2012
• Second Circuit Strikes Down Two Aspects of New York’s Attorney Advertising Rule
  Lawyers for the Profession® Alert
  March 7, 2012
• Second Circuit Strikes Down Two Aspects of New York’s Attorney Advertising Rule
  Lawyers for the Profession® Alert
  March 7, 2012
• Montana Supreme Court Disqualifies Law Firm Based on Lateral Lawyer’s Concurrent Conflict
  Lawyers for the Profession® Alert
  February 29, 2012
• New York Appellate Court Adopts Zubulake, Imposes Spoliation Sanctions
  Lawyers for the Profession® Alert
  February 22, 2012
• Mississippi Appellate Court Upholds Standing of Excess Insurer To Sue Defense Counsel
  Lawyers for the Profession® Alert
  February 15, 2012
• In Criminal Malpractice Context, Accrual Occurs When Indictment Was Dismissed
  Lawyers for the Profession® Alert
  February 8, 2012
• Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required on Standard of Care
  Lawyers for the Profession® Alert
  February 1, 2012
• Insurer's Duty to Defend Triggered by TCPA Claim Even Though Fax Recipient Was a Corporation
  Insights for Insurers
  January 30, 2012
• Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Action Arising Out of Patent Infringement Claim
  Lawyers for the Profession® Alert
  January 26, 2012
• A Clearly Drafted Engagement Letter Can Limit the Scope of Attorney’s Duties
  Lawyers for the Profession® Alert
  January 19, 2012
• Attorney Who Signed Settlement Agreement Not Liable for Its Breach
  Lawyers for the Profession® Alert
  January 11, 2012
• Plaintiffs’ Contributory Negligence in Failing to Read Leases Precludes Malpractice Claim
  Lawyers for the Profession® Alert
  January 5, 2012
• Second Circuit Allows Undisclosed Ghostwriting
  Lawyers for the Profession® Alert
  December 21, 2011
• Louisiana Law Does Not Require an Appeal of an Adverse Judgment Before Filing Malpractice Action, But Expert Testimony Required
  Lawyers for the Profession® Alert
  December 14, 2011
• Attorney Owed No Duty to Plaintiffs as Intended Third-Party Beneficiaries
  Lawyers for the Profession® Alert
  November 30, 2011
• New York Law Office Requirement Held Unconstitutional
  Lawyers for the Profession® Alert
  November 16, 2011
• Federal Circuit Upholds Advance Conflict Waiver in Joint Defense Agreement
  Lawyers for the Profession® Alert
  November 10, 2011
• Nevada Supreme Court Adopts Disqualification Rule for Use of Information From Anonymous Source
  Lawyers for the Profession® Alert
  November 3, 2011
• Firm’s Agreement With Opposing Party Creates Unconsentable Conflict
  Lawyers for the Profession® Alert
  October 26, 2011
• Lawyers May Influence Their Clients’ Communications With Represented Parties
  Lawyers for the Profession® Alert
  October 13, 2011
• Plaintiff’s Malpractice Suit Placed Attorney-Client Communications With Subsequent Counsel "At Issue" and Plaintiff Thus Waived Privilege
  Lawyers for the Profession® Alert
  September 28, 2011
• Summary Judgment to Insurer Based on Breach of Notice and Cooperation Clauses
  Lawyers for the Profession® Alert
  September 21, 2011
• ABA Provides Guidance for Warning Clients About the Risks of Electronic Attorney-Client Communications
  Lawyers for the Profession® Alert
  September 14, 2011
• ABA Provides Guidance for Ethical and Legal Duties When Employer’s Lawyer Obtains Employee’s E-mails With the Employee’s Lawyer
  Lawyers for the Profession® Alert
  September 7, 2011
• ABA Provides Guidance for Permissible Changes to Attorney Fee Agreements During Representation
  Lawyers for the Profession® Alert
  August 31, 2011
• Illinois State Court Has Jurisdiction of Legal Malpractice Claim Arising Out of Patent Matter
  Lawyers for the Profession® Alert
  August 24, 2011
• Litigation Privilege Does Not Shield Attorney and Client Who Make Allegedly Defamatory Statements to News Reporters
  Lawyers for the Profession® Alert
  August 18, 2011
• Indiana Supreme Court Provides Guidance on Ethics Rules for Out-of-State Attorney Advertising
  Lawyers for the Profession® Alert
  August 11, 2011
• Federal Circuit Has Exclusive Jurisdiction of Appeal of Claim Arising Out of Patent Matter
  Lawyers for the Profession® Alert
  July 28, 2011
• Legal Malpractice Claim Arising Out of Patent Matter Dismissed for Lack of Jurisdiction
  Lawyers for the Profession® Alert
  July 26, 2011
• SEC Whistleblower Rule Excludes Money Awards to Attorneys and Others Violating Attorney-Client Privilege and Confidentiality
  Lawyers for the Profession® Alert
  July 21, 2011
• Notice of Claim to Insurer by Claimants Is Insufficient, But Estoppel Precludes Summary Judgment
  Lawyers for the Profession® Alert
  July 14, 2011
• Attorney Representation Concludes When Client No Longer Has Reasonable Expectation of Representation
  Lawyers for the Profession® Alert
  July 12, 2011
• Ohio Court of Appeals Affirms Parol Evidence Rule As Applied to Engagement Letters for Attorneys
  Lawyers for the Profession® Alert
  July 7, 2011
• Illinois Six-Year Statute of Repose Commenced on Date of Injury, Not on Date of Client’s Death, and Claim Was Thus Time-Barred
  Lawyers for the Profession® Alert
  June 28, 2011
• Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
  Lawyers for the Profession® Alert
  June 23, 2011
• U.S. Supreme Court Insulates Advisers, Including Lawyers, From Rule 10b-5 Liability for Statements Made by Companies
  Lawyers for the Profession® Alert
  June 21, 2011
• California Supreme Court Holds Attorney Can Be Sued for Civic Efforts Against Former Client’s Interests
  Lawyers for the Profession® Alert
  June 16, 2011
• Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
  Lawyers for the Profession® Alert
  June 7, 2011
• Continuous Representation May Toll the Statute of Limitations in Washington
  Lawyers for the Profession® Alert
  June 2, 2011
• Modification of Protective Orders to Permit Disclosure of Confidential Materials Must Satisfy Three-Prong Test
  Lawyers for the Profession® Alert
  May 31, 2011
• Negligent Misrepresentation Does Not Apply to Prospective Client’s Negligence Lawsuit
  Lawyers for the Profession® Alert
  May 26, 2011
• For Statute of Repose to Be Tolled, Attorney Must Make Affirmative Misrepresentations
  Lawyers for the Profession® Alert
  May 19, 2011
• New York Bar Blesses Agreement for In-House Lawyer Imposing Post-Employment Confidentiality Obligations
  Lawyers for the Profession® Alert
  May 17, 2011
• In-House, Out-of-State Licensed Counsel Must Register to Practice in New York State
  Lawyers for the Profession® Alert
  May 12, 2011
• Attorney-to-Client Communications Categorically Protected in Pennsylvania
  Lawyers for the Profession® Alert
  May 10, 2011
• North Carolina Bar Opinion Advises Firms to Run Conflicts Checks for Newly Hired Law School Graduates
  Lawyers for the Profession® Alert
  May 5, 2011
• California Federal Court Allows Screening of Conflicted Lawyer
  Lawyers for the Profession® Alert
  April 28, 2011
• Oregon Bar Issues Formal Opinion on Ethics Issues Arising in Mentoring Relationships and Use of LISTSERVs
  Lawyers for the Profession® Alert
  April 21, 2011
• Framework Retainer Agreement Does Not Perpetually Bind Law Firm for Purposes of Current Client Conflicts
  Lawyers for the Profession® Alert
  April 19, 2011
• Third Circuit Applies Stoneridge, Denies Class Certification to Securities Fraud Claims Against Law Firm
  Lawyers for the Profession® Alert
  April 14, 2011
• FDCPA Does Not Apply to Misleading Communications Directed at Judge
  Lawyers for the Profession® Alert
  April 12, 2011
• Attorney Who Engaged in Criminal Conduct to Exonerate Client Not Immune as a "Law Enforcement Officer"
  Lawyers for the Profession® Alert
  April 7, 2011
• Law Firm Violated FDCPA Relying on Client Information; Committed Malicious Prosecution by Not Acting on Client Information
  Lawyers for the Profession® Alert
  April 5, 2011
• California Malicious Prosecution Claim Against Attorneys Governed by One-Year Malpractice Statute of Limitations
  Lawyers for the Profession® Alert
  March 30, 2011
• Florida Supreme Court Upholds Attorney-Client Privilege in Bad Faith Claims
  Insurance Coverage Alert / Lawyers for the Profession® Alert
  March 23, 2011
• Expert Declaration Containing Conclusory Assertions Not Sufficient to Sustain Legal Malpractice Action
  Lawyers for the Profession® Alert
  March 22, 2011
• Law Firm’s Internal Loss Prevention Communications Are Privileged From Discovery by Client
  Lawyers for the Profession® Alert
  March 17, 2011
• Internal Law Firm E-mail Is Privileged From Discovery by Client in Securities Litigation
  Lawyers for the Profession® Alert
  March 10, 2011
• Mediation Confidentiality Statutes Include All Evidence of Discussions Immediately Preceding, During and After Mediation
  Lawyers for the Profession® Alert
  March 8, 2011
• Ninth Circuit Rejects Attorney-Client Privilege and Work Product Protection for Tax Appraisal File
  Lawyers for the Profession® Alert
  March 3, 2011
• Court Balances Contract Law Principles With Legal Ethics in Fee-Sharing Case
  Lawyers for the Profession® Alert
  March 1, 2011
• NY Appellate Court Manages Litigation Issues Stemming From Pilfered E-Mails
  Lawyers for the Profession® Alert
  February 23, 2011
• Experienced Patent Lawyer Unqualified to Testify Regarding Standard of Care and Causation
  Lawyers for the Profession® Alert
  February 15, 2011
• Texas Lawyers May Reveal Corporate Client’s Fraud to Client’s Creditors
  Lawyers for the Profession® Alert
  February 10, 2011
• Fifth Circuit Strikes Certain Rules Governing Attorney Advertising in Louisiana
  Lawyers for the Profession® Alert
  February 8, 2011
• California Court of Appeal Holds Privilege Waived When Employee E-Mails Attorney on Employer’s System
  Lawyers for the Profession® Alert
  January 27, 2011
• Client’s E-Mails and Blog Postings Regarding Conversations With Counsel Waive Attorney-Client Privilege
  Lawyers for the Profession® Alert
  January 26, 2011
• Attorney Who Refers Matter For a Fee Has Duty to Act if Receiving Lawyer Commits Misconduct
  Lawyers for the Profession® Alert
  January 20, 2011
• Prosecutors’ Use of Undercover Informant Armed With False Subpoena Does Not Violate No-Contact Rule
  Lawyers for the Profession® Alert
  January 18, 2011
• Federal Judge Sets Aside Magistrate’s Controversial Corporate Attorney-Client Privilege Ruling
  Lawyers for the Profession® Alert
  January 11, 2011
• Colorado Bar Differentiates Online Directories From Lawyer Referral Services
  Lawyers for the Profession® Alert
  January 6, 2011
• FTC Issues Rule Governing Mortgage Relief Providers; Includes Lawyer Exemption
  Lawyers for the Profession® Alert
  December 22, 2010
• Future Conflict Requires Knowledge of Specific Adversity or Particular Clients Who May Be Involved
  Lawyers for the Profession® Alert
  December 15, 2010
• Ninth Circuit Allows Immediate Appeal of Third-Party Discovery Order Involving Privilege
  Lawyers for the Profession® Alert
  December 2, 2010
• Attorney Cannot Recover From Former Client for Loss of Future Fees
  Lawyers for the Profession® Alert
  November 30, 2010
• Careful Prior Consideration of Conflicts Issue Assists in Avoiding Discipline
  Lawyers for the Profession® Alert
  November 23, 2010
• Work Product Protection Applies to Plaintiff’s Testing Data in Patent Dispute
  Lawyers for the Profession® Alert
  November 18, 2010
• New York High Court Declines to Broaden Liability of Third-Party Professionals for Client Fraud
  Lawyers for the Profession® Alert
  November 16, 2010
• New York Bar Allows Online Storage of Confidential Client Information With Third Parties
  Lawyers for the Profession® Alert
  November 10, 2010
• California Court Strikes Malicious Prosecution Claim Based on Anti-SLAPP Motion
  Lawyers for the Profession® Alert
  November 4, 2010
• Ohio Supreme Court Recognizes Self-Protection Exception to Attorney-Client Privilege
  Lawyers for the Profession® Alert
  November 2, 2010
• ABA Formal Opinion Emphasizes the Duty of Confidentiality in Responding to Ineffective Assistance of Counsel Claims
  Lawyers for the Profession® Alert
  October 28, 2010
• ABA Issues Guidance on Ethical Issues Related to Lawyer Websites
  Lawyers for the Profession® Alert
  October 19, 2010
• No Privilege for In-House Counsel Communications in Europe’s High Court
  Lawyers for the Profession® Alert
  October 14, 2010
• Federal Court Recognizes Several Legally Cognizable Injuries Resulting From Firm’s Conflict of Interest
  Lawyers for the Profession® Alert
  October 7, 2010
• Screening of Nonlawyer Employees Requires Formal Institutionalized Measures in Texas
  Lawyers for the Profession® Alert
  September 30, 2010
• Eighth Circuit Invalidates Fee-Splitting Agreement Based on Technical Violations of Ethical Rule
  Lawyers for the Profession® Alert
  September 28, 2010
• Uniform Bar Examination Gains Traction With Important Backing
  Lawyers for the Profession® Alert
  September 23, 2010
• Ethical Rule Does Not Alter Unconscionability Analysis As to Fee Arrangement
  Lawyers for the Profession® Alert
  September 21, 2010
• Loss of Chance Doctrine May Apply to Legal Malpractice
  Lawyers for the Profession® Alert
  September 16, 2010
• D.C. Circuit Clarifies Scope of Work-Product Protection
  Lawyers for the Profession® Alert
  September 14, 2010
• Attorney Cannot Agree to Arbitrate Without Client Consent
  Lawyers for the Profession® Alert
  September 9, 2010
• Lawyer Avoids Malpractice Liability by Expressly Limiting Scope of Representation
  Lawyers for the Profession® Alert
  September 7, 2010
• Newly Adopted ABA Model Rule 1.15 Offers Guidance to Client Trust Account Maintenance, Brings Lawyers Into Updated Technological Practices
  Lawyers for the Profession® Alert
  September 2, 2010
• Ninth Circuit Holds Lawyer Has Duty to Investigate Source of Legal Fees to Avoid Constructive Trust
  Lawyers for the Profession® Alert
  August 31, 2010
• Second Circuit Adopts Factors for Assessing Corporate Affiliate Conflict of Interest
  Lawyers for the Profession® Alert
  August 27, 2010
• California Bar Recommends Adoption of a Conflicts Imputation Rule But Rejects a Related Screening Rule
  Lawyers for the Profession® Alert
  August 25, 2010
• Sharing Documents With Litigation Financing Companies Waives Privilege for Those Documents
  Lawyers for the Profession® Alert
  August 19, 2010
• California Statute Modifies Limitations Period for Certain Malpractice Claims Against Criminal Lawyers
  Lawyers for the Profession® Alert
  August 17, 2010
• Federal Court Lacks Jurisdiction Over Legal Malpractice Claim Arising From Labor Negotiations
  Lawyers for the Profession® Alert
  August 13, 2010
• Contingent Fee Agreement Does Not Compensate Lawyer for Defense Against Potential Counterclaims
  Lawyers for the Profession® Alert
  August 10, 2010
• Ninth Circuit Holds That Legal Malpractice Claim May Arise From Activity Protected by Anti-SLAPP
  Lawyers for the Profession® Alert
  August 6, 2010
• Court Disqualifies Firm, Despite Screening of Conflicted Lawyer, Because of Firm's Size
  Lawyers for the Profession® Alert
  August 3, 2010
• Ninth Circuit Sanctions Lawyers in High-Profile Case
  Lawyers for the Profession® Alert
  July 28, 2010
• Ninth Circuit Adopts Two New Attorney-Client Privilege Standards for Corporate Counsel
  Lawyers for the Profession® Alert
  July 23, 2010
• Parent Company’s Rejection of "One-Entity" Clause in Retainer Did Not Create Attorney-Client Relationship With Subsidiaries
  Lawyers for the Profession® Alert
  July 13, 2010
• No Attorney-Client Privilege for Corporation That Failed to Confirm In-House Attorney’s Licensure Status
  Lawyers for the Profession® Alert
  July 8, 2010
• ABA Allows Mediators to Draft Divorce Settlement Agreements With Appropriate Party Consent
  Lawyers for the Profession® Alert
  July 6, 2010
• Firm That Prosecuted Competing Patents Subject to Breach of Fiduciary Duty Claim, But Not to Conversion Claim
  Lawyers for the Profession® Alert
  July 1, 2010
• New York Relaxes Privity Rule for Personal Representative’s Legal Malpractice Claims
  Lawyers for the Profession® Alert
  June 29, 2010
• New Jersey Supreme Court Rejects Two Potential Bars to Legal Malpractice Cause of Action
  Lawyers for the Profession® Alert
  June 24, 2010
• Arizona Enforces Hurdles for Multi-jurisdictional Practice
  Lawyers for the Profession® Alert
  June 22, 2010
• Supreme Court Approves Amendments to Federal Rule of Civil Procedure 26 Limiting Discovery of Expert Witnesses
  Lawyers for the Profession® Alert
  June 18, 2010
• Federal Circuit Lays Out Test for When Lawyer’s Access to Opposing Party’s Confidential Information May Be Used to Limit the Scope of Attorney’s Representation
  Lawyers for the Profession® Alert
  June 15, 2010
• New Jersey Supreme Court Elaborates on Meaning of "Substantially Related Matters" Under Former-Client Conflicts Rule
  Lawyers for the Profession® Alert
  June 10, 2010
• Maine Supreme Court Requires Party Seeking Law Firm Disqualification to Demonstrate Particular, Actual Prejudice From Alleged Ethical Violations
  Lawyers for the Profession® Alert
  June 8, 2010
• Iowa Supreme Court Uses Equitable Power to Enjoin an Out-of-State Attorney Practicing Federal Law Under MJP Rules in Iowa, for Violations of the Iowa Ethics Rules
  Lawyers for the Profession® Alert
  May 25, 2010
• Federal Circuit Reverses $4.4 Million Sanctions Award Against Patent Infringement Plaintiffs and Law Firm
  Lawyers for the Profession® Alert
  May 20, 2010
• Client May Vacate Default Judgment Caused by Lawyer’s Neglect Even Though Lawyer Was In-House Counsel
  Lawyers for the Profession® Alert
  May 18, 2010
• Contract Lawyer’s Conflicts of Interest Not Necessarily Imputed to Firm According to D.C. Bar
  Lawyers for the Profession® Alert
  May 13, 2010
• Federal District Court Strikes Down Texas Criminal Restrictions on Professional Solicitations
  Lawyers for the Profession® Alert
  May 11, 2010
• Illinois Supreme Court Holds That Ethical Rule Prohibiting Communication With a Represented Party Is Limited to the Same Matter, Regardless of Whether the Matters Are Factually Related
  Lawyers for the Profession® Alert
  May 6, 2010
• Trio of Recent Decisions Address Lawyer Mobility
  Lawyers for the Profession® Alert
  May 4, 2010
• U.S. Supreme Court Strictly Limits Enhancements of Attorney Fee Awards Above Lodestar Amounts
  Lawyers for the Profession® Alert
  April 29, 2010
• U.S. Supreme Court Holds That the Bona Fide Error Defense in the Fair Debt Collection Practices Act Does Not Include Mistakes of Law
  Lawyers for the Profession® Alert
  April 27, 2010
• State Appeals Court Adopts U.S. Supreme Court’s Recent Mohawk Industries Holding: Privilege Ruling Not Subject to Interlocutory Appellate Review
  Lawyers for the Profession® Alert
  April 22, 2010
• Second Circuit Splits on Authority of Magistrate Judge to Impose Rule 11 Sanctions Absent Consent of the Parties
  Lawyers for the Profession® Alert
  April 15, 2010
• Court Rejects a Mandatory Disqualification Rule for a Law Firm’s Current-Client Conflict of Interest, and Denies Motion to Disqualify the Firm
  Lawyers for the Profession® Alert
  April 1, 2010
• Ninth Circuit Reverses Prior Decision Based on a Subsequent Statutory Charge and Holds That Lawyer Cannot Discharge in Bankruptcy the Costs Owed to Bar Assessed in Disciplinary Proceeding
  Lawyers for the Profession® Alert
  March 31, 2010
• Expert Witness Work Leads to Conflict of Interest, Imputed Disqualification
  Lawyers for the Profession® Alert
  March 25, 2010
• Pennsylvania Supreme Court Splits on Rationale for Subject Matter Waiver; Avoids Decision on Scope of Privilege for In-House Counsel-to-Client Communication
  Lawyers for the Profession® Alert
  March 23, 2010
• U.S. Supreme Court Weighs in on Applicability of 2005 Bankruptcy Law to Attorneys' Advice and Advertising
  Lawyers for the Profession® Alert
  March 16, 2010
• South Carolina Attorney Ad Tests Bounds of Advertising Rule
  Lawyers for the Profession® Alert
  March 9, 2010
• City of New York Bar Issues Formal Opinion That Jointly Represented Clients May Not Waive the Right to Approve Aggregate Settlements
  Lawyers for the Profession® Alert
  February 25, 2010
• Statutes of Repose Do Not Shorten Bankruptcy Trustee’s Period to Pursue Legal Malpractice
  Lawyers for the Profession® Alert
  February 23, 2010
• New Jersey Supreme Court Sets Clear Conditions That Would Allow a Company to Pay Attorney Fees for Employees Who Are Targets and Potential Witnesses in a Grand Jury Proceeding
  Lawyers for the Profession® Alert
  February 18, 2010
• California Class Action Lawyers Must Help Class Members Enforce Judgment
  Lawyers for the Profession® Alert
  February 16, 2010
• Lawyers May Solicit Lay Organizations to Lecture on Legal Topics, But Limits Apply
  Lawyers for the Profession® Alert
  February 8, 2010
• Discharged Firm May Still Collect Contingency Fee
  Lawyers for the Profession® Alert
  February 4, 2010
• Narrow Interpretation of Spoliation of Evidence Tort Offset By Potential Ethical, Criminal and Other Civil Liability
  Lawyers for the Profession® Alert
  February 2, 2010
• Joint Defense Agreements Give Rise to Unique Conflicts and Imputation Issues
  Lawyers for the Profession® Alert
  January 28, 2010
• FSA Lenders Not Subject to State UPL Laws
  Lawyers for the Profession® Alert
  January 26, 2010
• FTC Lacks Authority to Regulate Lawyers Under the Fair and Accurate Credit Transactions Act
  Lawyers for the Profession® Alert
  January 21, 2010
• Lawyer Suspended for Representing Ward and Conservator
  Lawyers for the Profession® Alert
  January 12, 2010