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HTMLWashington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel
Hinshaw Culbertson LLP;
Legal Form
November 8, 2013, previously published on November 6, 2013
A 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...

 

HTMLParty May Be Awarded Attorney Fees in Defending Against Claim that Contract Is Invalid
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
November 8, 2013, previously published on November 7, 2013
A California court of appeal recently ruled that a party that successfully defends against a claim that a contract is void is entitled to be paid attorney fees by the party that unsuccessfully brought the action.

 

HTMLShare Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel
Codie L. Chisholm, Michael D. Mysak; Bennett Jones LLP;
Legal Alert/Article
November 6, 2013, previously published on October 31, 2013
An 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...

 

HTMLFormer Clients Who Are Indigent May Be Excused From Paying Arbitration Fees
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 31, 2013, previously published on October 29, 2013
Former clients, who had reluctantly settled the underlying action, filed an action against their former lawyers, alleging, inter alia, financial elder abuse, conversion and breach of fiduciary duty. After the attorneys were partially successful in compelling arbitration, the clients, who had been...

 

Adobe PDFThe Moldovan Central Bank Changed the Rules for Equity Investments in Local Banks
Turcan Cazac Law Firm;
Legal Alert/Article
October 22, 2013, previously published on Spring 2013
On 7 March 2013, the Moldovan Parliament amended the Law of Financial Institutions in order to enhance the transparency of equity investments made in local banks and thus strengthening the capacity of the National Bank of Moldova to supervise the integrity of bank shareholders. Please see the...

 

HTMLAttorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 10, 2013
A court-appointed public guardian brought professional negligence claims against a variety of lawyers and law firms that were involved in litigating the underlying wrongful death action. The trial court dismissed the complaint on the basis that there was no direct attorney-client relationship...

 

Adobe PDFHow to Get the Best Advice From Your Outside Counsel - From Someone Who Has Been on the Inside
Julianne R. Davis; Lane Powell PC;
Legal Alert/Article
October 7, 2013, previously published on October 2, 2013
In-house lawyers rely heavily on their outside counsel to give them legal advice that is concise, clear and up to the minute, making the relationship one of great importance. Indeed, it is outside counsel’s job to do his or her best to make the in-house lawyers look good in the eyes of...

 

HTMLInsurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
Plaintiff, an insured attorney, filed a complaint against defendant, his professional liability insurer, seeking a declaratory judgment and damages arising from its alleged breach of its contractual duty to defend him and of Pennsylvania's bad faith statute. The insured moved for summary judgment,...

 

HTMLE-Mails Showing Leisure Travel & Continued Practice of Law Support Carrier Terminating Attorney’s Disability Benefits
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
October 3, 2013, previously published on September 24, 2013
The Fifth Circuit recently reversed a district court’s decision that an attorney’s disability benefits were improperly cancelled holding the disability plan administrator was within its bounds to rely on a series of e-mails sent to the plan administrator by a former romantic partner of...

 

HTMLTwo-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 18, 2013
The Illinois First District Appellate Court held that Illinois' two-year statute of limitations in 735 ILCS 5/13-214.3(b) applies to legal malpractice claims but is not restricted to those claims, and applies to actions arising out of provision of legal services.

 


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