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Documents on professional liability
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|Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection|
Jason Kully, Gregory Sim; Field Law;
November 3, 2016, previously published on October 18, 2016In 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...
|N.C. Supreme Court: Independent Auditor Has No Fiduciary Duty to Company|
Martha P. Brown, Jonathan S. Ziss; Goldberg Segalla LLP;
October 27, 2016, previously published on October 19, 2016In 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...
|Court 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;
October 20, 2016, previously published on October 12, 2016The 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.
|Choosing Association Attorney is Important Decision|
Deborah M. Casey, Jeremy R. Moss; Vandeventer Black LLP;
October 10, 2016, previously published on October 2016Selection 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...
|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?