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|Lawyer Liability Extended To Third-Party Beneficiaries for One-Sided Inter Vivos Transfers of Property|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 28, 2014The defendant attorney and law firm were retained by a corporation to prepare a quitclaim deed to gift a piece of property from the corporation to the plaintiffs. After recording of the deed, a third-party challenged the conveyance, which was ultimately held to be invalid. The plaintiffs brought...
|California Court of Appeals Allows for “Delayed Discovery” of Fraud Claims Against Law Firms for Improper Handling of Settlement Funds 17 Years After the Settlement Occurred; Decision Could Trigger Additional Suits Against Law Firms|
Daniel A. Berman; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on March 5, 2014On February 11, 2014, the California Court of Appeal issued its decision in Prakashpalan v. Engstrom, Lipscomb and Lack, holding that two homeowners could sue their former attorneys for alleged mishandling of funds received from settlement of claims involving the 1994 earthquake. Significantly, the...
|Electronic Wills At Our Fingertips: Should They Be Admitted to Probate?|
Kyle B. Gee; Spieth, Bell, McCurdy & Newell Co., L.P.A.;
February 14, 2014, previously published by Cleveland Metropolitan Bar Association Journal on December 2013In 2013, an Ohio court admitted to probate an electronic will handwritten and signed on a tablet computer. The testator was hospitalized and "did not have any paper or pencil," wrote the Court. Other jurisdictions have faced similar questions when presented with testamentary documents in...
|In-house Counsel in Illinois: Are You Admitted to the Illinois Bar?|
Husch Blackwell LLP;
February 6, 2014, previously published on February 3, 2014Be advised that in-house attorneys throughout the state of Illinois must be admitted to the Illinois Bar under Illinois Supreme Court Rule 716. In the event that anyone on your legal team is not admitted to the bar, the Illinois Supreme Court and the Attorney Registration and Disciplinary...
|International Civil Fraud - Cyprus Chapter 2014|
Stavros Pavlou; Patrikios Pavlou & Associates LLC;
January 31, 2014, previously published on January 2014Type of legal system
The Cyprus legal system is largely based on common law. Cyprus, as a former British colony, inherited common law doctrines and principles which were codified into legislation when the Republic of Cyprus was established in 1960. The Cyprus legal system benefits from the...
|Copyright Claims must be Pleaded with Particularity, Otherwise they are Subject to Being Struck|
Borden Ladner Gervais LLP;
January 17, 2014, previously published on January 14, 2014The defendants have successfully struck the claim for copyright infringement against them, but the plaintiffs were provided leave to amend. The plaintiff sells and implements a method and software designed for the management of processing centres and incoming contact centres. It is alleged that the...
|Illinois Supreme Court Amends Rule on Licensing of In-House Counsel|
Fern C. Bomchill, Lauren R. Noll; Mayer Brown LLP;
January 17, 2014, previously published on January 16, 2014The Illinois Supreme Court announced late last year that it has temporarily amended Illinois Supreme Court Rule 716 to allow corporate counsel based in Illinois, who are not otherwise admitted in Illinois, to apply for a limited license to practice law without the risk of prosecution for prior...
|Types of Special Needs Trusts|
David E. Waterstradt;
January 9, 2014, previously published on Winter 2014Overview of types of special needs trusts
|Maintaining Client Confidences During the Holidays: Avoiding Accidental Tipping|
Dixie L. Johnson; Fried, Frank, Harris, Shriver & Jacobson LLP;
January 6, 2014, previously published on December 23, 2013With holiday cheer in full swing, it is time once again to consider how to avoid putting family and friends in danger by inadequately protecting material, nonpublic information entrusted to us at work. Previous writings provided an overview of applicable law and examples of unfortunate accidental...
|Massachusetts “Tech Tax” Abatement Applications Due December 31, 2013|
Christopher R. K. Cawley, Nicola Lemay; Foley Hoag LLP;
January 3, 2014, previously published on December 18, 2013In September 2013, Massachusetts enacted legislation to retroactively repeal the extension of the 6.25 percent Massachusetts sales and use tax to certain types of computer system design and software modification services (often referred to as the “tech tax”). Subsequently, the...