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Documents on professional liability
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|The Degrees of Truth: When is Dismissal with Prejudice Warranted?|
Lauren E. DeFabio; Rumberger, Kirk & Caldwell Professional Association;
September 15, 2016, previously published on September 8, 2016An 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...
|Protecting Seniors: A Priority for FINRA, Federal and State Legislators, and Arbitration Panels|
Samuel E. Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016America'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...
|The Implications of New Jersey’s Limitation of the Fee Shifting Standards|
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 11, 2016, previously published on September 1, 2016In 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.
|Restructuring 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;
September 7, 2016, previously published on July 25, 2016It 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...
|Generic Notices of Filing Will Not Suffice in Opposing Motions for Summary Judgment|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 1, 2016, previously published on July 19, 2016The 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,...
|Lawyers Can Make Charitable Donations and Lawyers Can Advertise, Just Not Together|
Anna McLean Outzen; Deutsch Kerrigan LLP;
August 30, 2016When does making charitable donations, in connection with questing for a new client, violate ethical standards?
|Court Denies Former CEO Access to Privileged Communications|
Robert P. Rudolph; Rudolph Friedmann LLP;
August 25, 2016, previously published on April 27, 2016The attorney-client privilege is a well-established concept that protects certain communications between a client and his/her attorney, preventing the attorney from being compelled to disclose those communications or testify about them in court. The attorney-client privilege solidifies the trust...
|Statute of Limitations Bars Legal Malpractice Claim; Court Rejects Application of Continuous Representation Doctrine|
Abrams Gorelick Friedman Jacobson LLP;
August 10, 2016, previously published on April 1, 2016A Nassau County court has dismissed legal malpractice claims where evidence showed the attorney-client relationship had ended more than three years before commencement of the action.
|Insurer with the Right to Settle or Litigate Claims against their Insureds is Held Responsible for Plaintiff’s Attorney’s Fees and Costs Pursuant to Rejected Proposal for Settlement.|
Jonathan E. Kanov; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016Geico challenged the final judgment in an automobile insurance case holding it liable to pay the injured plaintiff’s attorney’s fees and costs. On behalf of its insured, Geico had rejected the plaintiff’s proposal for settlement pursuant to §§ 768.79, Fla. Stat. and Fla....
|An Attorney Can Be Liable for the Plaintiff’s Attorneys’ Fees in a Legal Malpractice Action if the Attorney Intentionally Breached His Fiduciary Duty as Trustee and Escrow Agent, even though the Attorney Was Not Acting As the Plaintiff’s Attorney|
Timothy R. Ryan; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 19, 2016The plaintiff and his former spouse (a citizen of Spain) were in a contested divorce proceeding for custody of their daughter, a dual citizen of the United States and Spain. With the aid of counsel, both parties entered into an agreement that the daughter’s passport would be held in escrow...