ABA passes hotly debated amendments to Model Rule 1.16
8/16/23
By: Patrick J. Cosgrove and Yinan Ma
The ABA House of Delegates approved amendments to ABA Model Rule of Professional Conduct 1.16, Declining or Terminating Representation, and Comments [1], and [2]. According to the Report to the House of Delegates …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
By: Donald Patrick Eckler
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …
Court of Appeals of Georgia Affirms No Continuous Representation Rule in Georgia
8/7/23
By: Marissa A. Dunn and Jessica C. Samford
As the famous line from Spiderman goes, “with great power comes great responsibility.” Lawyers are familiar with this notion when representing clients and should take great care to clearly define the scope …
Illinois Appellate Court Says Broker Owes No Duty to Additional Insured
8/1/23
By: Donald Patrick Eckler
In a case of first impression, the Illinois Appellate Court, First District has ruled on a motion to dismiss that 1) an insurance broker does not owe a duty to an additional insured in the claims …
Third Time’s a Charm: California Enacts Model Rule of Professional Conduct Rule 8.3 Snitch Rule
7/17/23
By: William A. Muñoz
After two failed attempts in 2010 and 2016 to enact a version of Model Rule of Professional Conduct, Rule 8.3, otherwise known as the “Snitch Rule,” the California Supreme Court has approved a version of Rule …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has far more weight and may significantly …
SCOTUS Clarifies Need to File Post Trial Motions to Preserve Appeal
7/3/23
By: Meaghan Mahon and Lisa Grandner
Those in the legal profession understand the importance of preserving issues for appeal. Yet there has been conflict among the Courts of Appeals over whether a question of law, resolved at summary judgment, must …
The Importance of Verifying AI-Generated Legal Insights
6/2/23
By: Samuel C. Jeon
In recent months, Artificial Intelligence (“AI”) has become increasingly prevalent in the legal field. AI-powered tools are now being used for a variety of tasks, including legal research, contract drafting, and case prediction. While AI can …
Supreme Court Affirms Exception to Notice Requirement for Certain IRS Summonses/Subpoenas
5/31/23
By: David Chang and Elizabeth Lowery
On May 18, 2023, the Supreme Court affirmed that when the Internal Revenue Service issues a summons/subpoena in connection with its efforts to collect a tax liability, third-party recordkeepers – like accountants, banks …
“Make Sure To Get It In Writing”: An Idiomatic Anachronism In Today’s Complex Legal World
5/8/23
By: Nancy M. Reimer and Andrew M. Vandini
“Did you get it in writing?” has customarily and commonly been an inquiry used to determine whether a party can be held accountable for his, her, or its promises. The law, however, …
BEWARE THE BELIEF YOUR RESPONSE TO AUDITOR IS A COLOSSAL WASTE OF TIME
5/4/23
By: Tim Soefje
Some lawyers may create more potential professional liability over the coming months by drafting a single letter in response to their client’s independent auditor’s request for information than they will throughout the entire rest of the year.…