4/22/24
By: Meredith Freidheim and Scott Eric Anderson
ABA Formal Opinion 510 – Avoiding the Imputation of a Conflict of Interest When a Law Firm is Adverse to One of its Lawyer’s Prospective Clients
On March 20, 2024, the American Bar …
4/22/24
By: Meredith Freidheim and Scott Eric Anderson
ABA Formal Opinion 510 – Avoiding the Imputation of a Conflict of Interest When a Law Firm is Adverse to One of its Lawyer’s Prospective Clients
On March 20, 2024, the American Bar …
Victory for lawyer reminds of the importance of engagement letters and written client communications
4/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Fletcher v. Flynn, 2024 IL App (5th) 220818, the Appellate Court of Illinois, Fifth District analyzed a motion for judgment notwithstanding the verdict in the context of a legal malpractice …
4/15/24
By: Meaghan Mahon and Nancy M. Reimer
In a decision that could have ramifications elsewhere, the Massachusetts Appellate Tax Board recently held that gains a non-resident realized on the sale of stock of a corporation he founded was subject to …
The gist of the action doctrine in Pennsylvania legal malpractice actions after Poteat v. Asteak
4/15/24
By: Patrick J. Cosgrove and Edward Patrick Pozo
The Pennsylvania Superior Court has once again muddied the waters on the statute of limitations for a legal malpractice claim. In Poteat v. Asteak, 2024 Pa. Super. 52 (2024), the Pennsylvania …
The Zombie Ferreira Conference: How complaint amendments can revive the requirement
4/10/24
On February 16, 2024, the New Jersey Appellate Court addressed a question of fairness, when it ruled that all defendant doctors should have been provided an opportunity for a conference to determine whether a patient …
“Improper” conduct by counsel during closing argument leads to new trial
3/13/24
By: Robert Chadwick
It is not uncommon during closing argument for a lawyer to refer to an opposing side’s case as “ridiculous,” “absurd,” or “insulting.” Such hyperbole is generally not considered to be sufficiently prejudicial to warrant a mistrial or …
Artificial Intelligence A.I.n’t the answer
3/6/24
The Commonwealth of Massachusetts recently joined a growing number of jurisdictions to hand down decisions condemning attorneys for the use of generative artificial intelligence (“AI”) to prepare and file court papers which rely on citations to …
Illinois court holds that alleged defamation does not fall into crime-fraud exception
3/5/24
In a case of first impression, the Illinois Appellate Court recently issued a decision finding that the crime-fraud exception to the attorney-client privilege does not apply to allegations of defamatory conduct by an attorney.
In MacDonald …
Indiana high court gives leeway to standard of care opinions
2/12/24
By: Joshua W. Zhao
In Korakis v. Memorial Hospital of South Bend et al., No. 23S-CT-109 (2024), the Indiana Supreme Court considered whether a medical expert must expressly state the applicable standard of care in their affidavit for the …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
The Florida Bar adopts guidance for AI: sounds like something AI would say
1/24/24
By: Jessica Cauley
In November 2023, the Florida Bar’s Committee on Professional Ethics (“Committee”) first issued its Proposed Advisory Opinion on generative artificial intelligence (“AI”), joining few other states and judges to give ink to answer ever-growing questions about its …
12/12/23
By: Joshua W. Zhao and Donald Patrick Eckler
Do a dental clinic’s business practices fall under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. even if the practice of dentistry does not? …