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Documents on Professional Liability
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|Illinois Supreme Court Holds Information Provided to a CPA Is Privileged Information Held by the Accountant Alone|
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 30, 2015, previously published on March 27, 2015In examining the issue of the accountant-client privilege for the first time, the Supreme Court of Illinois recently ruled that the privilege belongs to the accountant, not the client. In Brunton v. Kruger, 2015 IL 117663 (Ill. 2015), the Court examined section 27 of the Public Accounting Act,...
|Obstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on January 2015On November 4, 2010, Cierra Randolph presented to the Obstetrics and Gynecology Department at Maryland General Hospital at 37 weeks for the onset of labor. During the preliminary exam, the labor and delivery nurse did not find a fetal heartbeat, and immediately contacted the attending obstetrician,...
|Food and Drug Alert: California Appellate Court Holds That Reproductive Toxicants Can Be Averaged Over Time When Determining Exposure Under Proposition 65|
Leslie T. Krasny; Keller and Heckman LLP;
March 27, 2015, previously published on March 20, 2015In Environmental Law Foundation (ELF) v. Beech-Nut Nutrition Corp., (court opinion), the California Court of Appeal for the First Appellate District held that in appropriate circumstances, exposures to reproductive toxicants may be averaged over time under Proposition 65, otherwise known as the...
|Omnicare Opinion Expands Liability for Expressions of Opinion Under Section 11|
Brittany M. Cambre, Samuel J. Casey, Patricia A. Gorham, Joel J. Hughey, Peter Ligh; Sutherland Asbill & Brennan LLP;
March 26, 2015, previously published on March 25, 2015The Supreme Court, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (March 24, 2015), expanded the scope of liability for expressions of opinions under Section 11 of the Securities Act of 1933. While keeping to a relatively constrained view of the...
|Lessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability|
Michael Reda; HeplerBroom LLC;
March 23, 2015, previously published on January 8, 2015As defense counsel in the trucking industry have seen in recent years, broker liability is a burgeoning area in which plaintiff’s attorneys are beginning to explore as a means to reach the elusive “deep pockets” of many of our broker clients. Much of the lure of broker liability...
|“Friending” Leads to Ethics Complaint|
Seth L. Laver, Michael P. Luongo; Goldberg Segalla LLP;
March 12, 2015, previously published on February 10, 2015An important aspect of litigation requires counsel to become investigator, to track leads, to turn every stone. Counsel seeks to better understand her adversary. Generally, this discovery process takes the form of formal document production, a long-standing and generally understood method of...
|The Ethical Concerns of Blogging Professional Successes|
James Gilroy, Seth L. Laver, Michael P. Luongo; Goldberg Segalla LLP;
March 12, 2015, previously published on January 21, 2015Professionals have embraced social media as a means to promote their businesses and market their professional successes. Managing social media accounts and writing blog posts allow professionals to directly communicate with prospective clients and advance their brand. However, professionals must be...
|What is Work? New Definitions for the New Year|
Anthony J. Golowski, Seth L. Laver, Jennifer M. Mannion; Goldberg Segalla LLP;
March 12, 2015, previously published on December 30, 2014Under the Fair Labor Standards Act (“FLSA”), employees are entitled to compensation for “hours worked.” However, what is considered compensable work time is a contentious topic for many employers. A recent decision by the Supreme Court is likely to help clarify the test for...
|My Colleague’s Keeper - Benefits & Pitfalls of Law Firm Structures|
Albert J. D'Aquino, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
March 12, 2015, previously published on December 10, 2014There are many benefits to working in a professional firm including the ability to collaborate and seek support from colleagues. Teamwork amongst colleagues may improve efficiency, innovation, flexibility and branding. But, through the doctrine of vicarious liability, a professional may be liable...
|Advertising Via Text is :(|
Sharon Angelino, Seth L. Laver, Michael P. Luongo; Goldberg Segalla LLP;
March 12, 2015, previously published on December 11, 2014We work in a competitive environment in which professionals seek various methods to reach would-be clients. Social media and other electronic resources may help professionals to connect and establish the brand. But, your friends at PL Matters routinely warn of the risks of new marketing methods...