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Documents on Litigation, Legal Management
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|Taking the Fear out of Lawsuits - A Guide for Litigants|
Feldstein Grinberg Lang McKee P.C.;
February 14, 2014, previously published by Gary M. Lang on February 12, 2014A guide for lay people regarding the litigation process.
|Second-Guessing Immunity for Trial Attorneys|
Kelly Dunberg, Blake Sando; Cole, Scott & Kissane, P.A.;
February 12, 2014, previously published on February 3, 2014Legal malpractice lawsuits often focus on the plaintiffs second-guessing the strategic and tactical decisions made by their own counsel in a prior proceeding and claims of damages when such decisions do not result in their favor. To combat the propensity of such lawsuits made on...
|Second Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability|
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
February 7, 2014, previously published on February 4, 2014In Starr International Co. v. Federal Reserve Bank of New York , No. 12-5022-cv, 2014 U.S. App. LEXIS 1770 (2d. Cir. Jan. 29, 2014), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims against the Federal Reserve Bank of New York (“FRBNY”) for...
|No. 5 - Trends in Wage and Hour Litigation|
Frank Harty; Nyemaster Goode, P.C.;
December 19, 2013, previously published on December 17, 2013As 2014 approaches, we can predict the coming trends in wage and hour litigation. This list of “hot spots” can serve as a shorthand audit checklist to identify potential areas of risk:
|Washington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel|
Hinshaw Culbertson LLP;
November 8, 2013, previously published on November 6, 2013A title insurer filed a legal malpractice action against the law firm it had hired to defend its insured from a claim of lien priority on real property by a construction company. The trial court granted summary judgment in favor of law firm, and the insurer appealed. The Supreme Court of Washington...
|Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel|
Codie L. Chisholm, Michael D. Mysak; Bennett Jones LLP;
November 6, 2013, previously published on October 31, 2013An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel. Solicitor-client communications arise when the parent and corporate...
|HITECH: Ignore at Your Peril|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013There has been much discussion lately about data security and the new obligations imposed by the adoption of the final rules related to the Health Information Technology for Economic and Clinical Health Act (HITECH) and the September 23, 2013 implementation date. For those who are already working...
|Creating a PPACA Mandatory Compliance Program|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013Skilled nursing facilities (SNFs), organizations already heavy-laden with oversight and regulatory requirements, are the first health care providers targeted by HHS / OIG to incorporate a mandatory compliance program. The Patient Protection and Affordable Care Act of 2010 (PPACA) catapulted a...
|Uncharted Jurisprudential Waters: Attorney-Client Privilege and In-House Communications|
Scott D. Budnick, Richard H.C. Clay; Dinsmore & Shohl LLP;
September 12, 2013, previously published on September 10, 2013Many law firms today create in-house general counsel positions to advise the firm on various ethical, regulatory and risk-management issues, including malpractice claims. These individuals do not actively represent the firm’s clients. Instead, they advise the firm (and its lawyers) on...
|Law Firm Not Entitled to Summary Judgment After Failing to Advise CEO of Unauthorized Loans by CFO|
Terrence P. McAvoy, David L. Winnett; Hinshaw & Culbertson LLP;
August 20, 2013, previously published on August 7, 2013Plaintiff client brought a legal malpractice action against defendant, its outside counsel, due to counsel’s failure to notify it about unauthorized loans made by the client's chief financial officer (CFO). Counsel moved for summary judgment on the grounds that because the client knew of the...