3/5/26
By: Jessica Gray Kelly, Nancy Reimer and Julia Ruch
The Massachusetts Superior Court recently issued a notable discovery ruling that serves as an important reminder for litigants who consider naming a former attorney as an expert witness. In Cummings …
AI isn’t your co-counsel: Judge Rakoff provides a privilege wake-up call
2/17/26
By: Marissa A. Dunn
Federal courts are now confronting the question of whether a client’s AI-generated documents—created using prompts that incorporate information learned from counsel—fall within the attorney-client privilege. Judge Rakoff of the Southern District of New York has ruled …
Modernizing CPA licensure: A major workforce shift in the profession
2/17/26
By: William R. Covino and Nancy Reimer
As tax season begins—and with practitioners already stretched thin—the Massachusetts Senate has unanimously passed S.2946, An Act relative to modernizing the pathway to becoming a certified public accountant. This bill is aimed at …
Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court
1/30/26
In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law generally requires an affidavit …
1/29/26
By: Jessica Gray Kelly and Anna G. Nilles
A recent Massachusetts Superior Court decision provides a cautionary tale for attorneys: you cannot take advantage of a drafting mistake by the opposing party.
In Cahoon Capital Strategic Income Fund, LLC v. …
Absolute Litigation Privilege shields complaints to certification bodies in Illinois
1/7/26
In American Backflow & Fire Prevention, Inc. v. Hincks et al, 2025 IL App (1st) 250023, the Illinois Appellate Court, Second District, affirmed the dismissal of claims arising from allegedly defamatory statements made to …
When the appellate clock starts ticking: Electronic dockets, stamps and a harsh result
12/22/25
A recent decision from the Illinois Appellate Court, First District reinforces the simple but unforgiving truth for litigants seeking to appeal: when a judgment order appears on the electronic docket, the clock starts, and a missing …
Absolute litigation privilege continues its expansion in Illinois
12/17/25
In the recent decision, of Lewis v. Kalbhen, 2025 IL App (1st) 242110, the Illinois Appellate Court, First District, reaffirmed and meaningfully expanded the scope of the absolute litigation privilege, providing important protection for parties, …
Are you actually covered? A cyber insurance warning for real estate attorneys
12/1/25
By: William R. Covino and Nancy M. Reimer
For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary …
Gidor v. Magnus: Pennsylvania Supreme Court clarifies statute of repose for home inspections
11/14/25
In Gidor v. Magnus, the Pennsylvania Supreme Court addressed whether 68 Pa. C.S. § 7512 (“Section 7512”) of the Pennsylvania Home Inspection Law constitutes a statute of repose or a statute of limitations. The Court …
11/4/25
By: Marissa A. Dunn and A. Ali Sabzevari
On September 10, 2025, the Court of Appeals of Georgia decided the case of Kinnaird v. Morningview Homeowners Association, Inc. In this case, Kinnaird (homeowner) applied to the Association’s Architectural Review Committee to …
New Massachusetts home inspection law: What real estate professionals need to know
10/27/25
By: Jessica Gray Kelly and Paul Miller
On October 15, 2025, a major change in Massachusetts residential real estate transactions relative to home inspections took effect. Under the new legislation, titled An Act Relative to the Affordable Homes Act, sellers …