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HTMLFormer Client May Sue Without Appealing Underlying Matter
Michael D. Brophy, Seth L. Laver, Michael P. Luongo; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 11, 2014
enerally, a plaintiff has an obligation to mitigate her damages. In the context of a legal malpractice claim, the professional may argue that the plaintiff is obligated to cure the alleged harm by appealing the underlying issue. In the appropriate scenario, the defendant attorney may claim that the...

 

HTMLWhen and How to Report Ethics Violations
Paul S. Devine, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 19, 2014
The legal profession is somewhat unique in that it permits self-policing. An attorney has an obligation to report misconduct; however, a threat to report misconduct may itself run afoul of the ethical rules. At issue are at least two competing rules of professional conduct. We all want to make sure...

 

HTMLS.O.L.: The Continuous Representation Doctrine
Peter J. Biging, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 12, 2014
Statute of limitations laws are intended to protect defendants from stale and meritless claims. Moreover, these statutes pressure plaintiffs to institute supported causes of action while the evidence is ripe. Certainly, these statutes are an ally to the defense bar and can be a major obstacle for...

 

Adobe PDFA California Court Finds That Payments for an Attorney’s Time Fees Are Not “Attorney Fees” but “Costs and Expenses”?
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In Otay Ranch v. County of San Diego, (2014) 230 Cal.App.4th 60, the court of appeals affirmed a trial court’s award of $44,621.28 in costs and expenses to a County related to preparation of the administrative record in a CEQA appeal. The petitioner in the CEQA action, who now had to pay the...

 

HTMLPart 3: Local Counsel: Practical Concerns
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 1, 2014
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the practical needs of the out-of-state client can be at odds with rules of professional responsibility and local rules that can sometimes expand the duties and responsibilities of...

 

HTMLEU’s Ruling Not “To Be Forgotten” Anytime Soon
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on May 22, 2014
Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to results containing certain information. This ruling has...

 

HTMLTo Indemnify or Not to Indemnify? That Is the Question!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 26, 2014
We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages. That is the basic concept of indemnification, and the law enforces it.

 

HTMLIs the Error of Judgment Defense Still Available in Suicide Cases?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 29, 2014
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides?

 

HTMLA Check in the “Win” Column for Broker-Dealers!
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on September 16, 2014
The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No. 13-2247-cv (2d Cir. Aug 21, 2014)], holding that a forum selection...

 

HTMLThe IRS Will Not Flag, Identify Or Otherwise Note A SSN That May Be Subject To Identity Theft And Subsequent Tax Fraud. Go Figure.
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 10, 2014
Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled in handling breaches, and each will guide you through a similar...

 


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