The role of AI in the legal industry: exploring the potential changes
11/30/23
By: Michael B. Gelfound and Samuel C. Jeon
Lawyers are witnessing the integration of artificial intelligence (AI) into their practices. As with many other professionals, lawyers are exploring the potential applications of this technology. Tools such as ChatGPT and advanced …
Massachusetts lawyer receives public reprimand for witness coaching at remote deposition
11/28/23
By: Sean Andrés Rapela
On November 6, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court (“BBO”) issued a Massachusetts lawyer (the “Lawyer”) a public reprimand for coaching a witness at a deposition in what …
Not so fast – The Apex Doctrine may shield a high-ranking executive or government official from sitting for a deposition
10/17/23
By: Cameron Regnery and Scott Eric Anderson
The “Apex Doctrine” is a legal principal aimed at protecting top executives and government officials from having to sit for a deposition in certain situations. The Doctrine recognizes that the burden …
Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. Aon Corp., …
Termination on death clause dooms attempt to use arbitration agreement in Illinois nursing home contract
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …
Question of fact found on whether an allegedly negligent radiologist was an employee or independent contractor
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
Statute of limitations and release doom an Illinois plaintiff’s legal malpractice claim
10/3/23
By: Donald Patrick Eckler and Joshua W. Zhao
Reaffirming the well settled law that a plaintiff’s knowledge that they have been injured commences the statute of limitations even if the plaintiff does not know that the defendant caused the injury …
Can legal malpractice claims survive statute of repose? The role of fraudulent concealment and equitable estoppel
9/28/23
By: Donald Patrick Eckler and Adelaide Bell
In the recent case of Comprehensive Marketing, Inc. v. Huck Bouma P.C., and Mark Bishop, 2023 IL App (1st) 220694-U, the court examined allegations of legal malpractice and breach of contract, emphasizing …
Will external investigations for your organization be protected? Applying the attorney-client privilege in Texas
9/22/23
By: Lynne Finley
In the recent Texas Supreme Court decision, The Univ. of Tex. Sys. v. The Franklin Ctr. For Gov’t & Pub. Integrity. Supreme Court of Texas. Jun 30, 2023. No. 21-0534 (Tex. Jun. 30, 2023), the court provided …
Res judicata dooms claim against Illinois real estate broker
9/20/23
By: Joshua W. Zhao and Donald Patrick Eckler
Does the doctrine of res judicata bar a plaintiff’s claims against a real estate broker if the basis for those claims was undiscovered in a prior action against the seller that were …
Tennessee’s new peer professional privilege
9/11/23
By: Jason M. Pannu and Timothy R. Gilbert
The Tennessee Supreme Court recently established a common law evidentiary privilege, specifically shielding defendant healthcare providers from being compelled to testify as to the standard of care applicable to other defendant healthcare …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and Jeremy Hill, …