The Power of Rule 11 to Punish Bad Faith Litigation Conduct
1/30/23
By: Jessica Kelly and Christina Morgan
Lawyers and their clients are bound by Federal Rule of Civil Procedure 11 and its state rule counterparts not to pursue frivolous claims. In Trump v. Clinton et al., Judge Donald M. Middlebrooks of …
Consumer Practices of Real Estate Company Leads to AG Suits in Multiple States
12/21/22
By Courtney Mazzio
MV Realty, a Florida based company, is in the hot seat for its business practices. In exchange for payment of hundreds of dollars, a client of MV Realty signs a contract agreeing to use the company as …
For the first time in more than two decades, Pennsylvania enacts new facility regulations for long-term nursing care.
11/7/22
By: Patrick Cosgrove and Heather McFeeley
Pennsylvania took steps to address its increasing aging population as it enacted new major nursing home regulations for the first time since 1997. At present, approximately 72,000 Pennsylvanians reside in the 682 long-term care …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
PENNSYLVANIA ATTORNEYS TAKE NOTE – A Voluntary Settlement Agreement May No Longer Bar A Legal Malpractice Action
7/28/22
By: Patrick Cosgrove and Kayla Panek
Pennsylvania has long been an outlier amongst jurisdictions in holding that clients cannot sue their attorney for legal malpractice after voluntarily agreeing to a settlement. A recent concurring opinion by a Pennsylvania Supreme Court …
Law Firm Ordered to Produce Client Communications Despite the Attorney-Client Privilege and Work-Product Doctrine
7/20/22
By: Nancy Reimer and Matthew Mattie
On July 5, 2022, a U.S. District Court Judge upheld an order requiring a major law firm to produce documents related to its communications with a Philadelphia-based casino showing conflicting client representation between two …
The Supreme Judicial Court of Massachusetts Rules that Litigation Privilege Protects Attorney from Civil Liability in First Impression Case
7/14/22
By: Nancy Reimer & Sean Andrés Rapela
On July 1, 2022, in Bassichis v. Flores, the Massachusetts Supreme Judicial Court (“SJC”) held the litigation privilege protected an attorney from liability where he allegedly withheld information from the judge in …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Massachusetts’ High Court Strikes Down Capital Gains Tax Levied Against Non-Domiciled Corporation on Statutory Grounds
5/25/22
By: Matthew A. Wachstein
In the recent case of VAS Holdings & Investments LLC v. Comm’r of Revenue, No. SJC-13139, 2022 Mass. LEXIS 204 (May 16, 2022), the Supreme Judicial Court of Massachusetts (SJC) reversed the Appellate Tax Board’s holding …
Considerations for accountants in responding to a subpoena for client documents
4/6/22
By: Nancy Reimer and Lori Eller
When a CPA or its firm is served with a subpoena requesting a client’s tax or financial information, there are best practices and steps they should take prior to responding to the subpoena. Federal …
Accounting for the COVID-19 employee retention credit limitation in your federal tax return
2/22/22
By: Ryan Giggi
As we embark on another tax season, Americans from coast to coast will once again need to navigate a complex and ever-changing web of COVID-19 related law on their federal tax returns. One important change particularly impacting …
New York’s 2022 Comprehensive Insurance Disclosure Act imposes sweeping changes to defendant insurance disclosure requirements
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …