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Documents on professional liability

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HTMLCourt of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
Jason Kully, Gregory Sim; Field Law;
Legal Alert/Article
November 3, 2016, previously published on October 18, 2016
In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in Provincial Court or at tribunals where representation by non-lawyers...


HTMLN.C. Supreme Court: Independent Auditor Has No Fiduciary Duty to Company
Martha P. Brown, Jonathan S. Ziss; Goldberg Segalla LLP;
Legal Alert/Article
October 27, 2016, previously published on October 19, 2016
In a widely watched and long-awaited decision, the North Carolina Supreme Court definitively determined that an independent auditor has no fiduciary duty to the company, overturning a 2014 Court of Appeals decision finding that such a duty existed. The court, however, was evenly divided on the...


HTMLCourt of Appeal for Ontario Overturns Finding of Negligent Investigation 495793 Ontario Ltd (Central Auto Parts) v Barclay, 2016 ONCA 656
Natalie Salafia, George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
October 20, 2016, previously published on October 12, 2016
The Court of Appeal for Ontario recently canvassed the law relating to the tort of negligent police investigations and confirmed the "general rule" that expert evidence will be necessary to determine the content of the standard of care of a professional, including a police officer.


HTMLChoosing Association Attorney is Important Decision
Deborah M. Casey, Jeremy R. Moss; Vandeventer Black LLP;
Legal Alert/Article
October 10, 2016, previously published on October 2016
Selection of association legal counsel is one of the most important decisions a community association board of directors will make. Engaging legal counsel can have long-term implications for your community. Getting the best possible attorney for the association will have far-reaching benefits and...


HTMLThe Degrees of Truth: When is Dismissal with Prejudice Warranted?
Lauren E. DeFabio; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
September 15, 2016, previously published on September 8, 2016
An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have various motives to skirt the truth, omit relevant facts, or even outright...


HTMLProtecting Seniors: A Priority for FINRA, Federal and State Legislators, and Arbitration Panels
Samuel E. Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
America's aging population is growing rapidly and, as a result, a target for financial exploitation by unscrupulous individuals. Over the last several years, the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) have made protecting seniors a priority...


HTMLThe Implications of New Jersey’s Limitation of the Fee Shifting Standards
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
In Innes v. Marzano-Lesnevich, 2016 N.J. LEXIS 331, the New Jersey Supreme Court held that defendant attorneys can be held liable for counsel fees. If, in acting as trustees and escrow agents, attorneys intentionally breach their fiduciary obligations, counsel fees may be awarded.


HTMLRestructuring Professionals - Is it Time to Rewrite Your Retention Agreements?
David A. Agay, Stephen M. Gross, Sean D. Malloy, Scott N. Opincar, Shawn M. Riley; McDonald Hopkins LLC;
Legal Alert/Article
September 7, 2016, previously published on July 25, 2016
It is almost article of faith among professionals in the restructuring field that the best and possibly only way to satisfy the “disinterestedness” test under the Bankruptcy Code - and thereby qualify to be retained in a bankruptcy case - is to hold a retainer that always exceeds the...


HTMLGeneric Notices of Filing Will Not Suffice in Opposing Motions for Summary Judgment
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 1, 2016, previously published on July 19, 2016
The plaintiff, a medical facility, filed suit against State Farm for failing to make payments for personal injury protection benefits for services rendered to State Farm’s insured. State Farm denied the medical payments on the basis that the treatments were unnecessary. During discovery,...


HTMLLawyers Can Make Charitable Donations and Lawyers Can Advertise, Just Not Together
Anna McLean Outzen; Deutsch Kerrigan LLP;
Legal Alert/Article
August 30, 2016
When does making charitable donations, in connection with questing for a new client, violate ethical standards?


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