Is the standard 6% commission fee for real estate agents a thing of the past?
7/24/24
By: Mandy D. Hexom and Tim Soefje
You may have heard the news about upcoming changes to real estate commissions throughout the nation. The National Association of Realtors (“NAR”), the largest trade association of more than 1.5 million real estate …
SCOTUS limits the SEC’s enforcement power
7/1/24
By: William R. Covino and Nancy M. Reimer
On June 27, 2024, the Supreme Court of the United States (“SCOTUS”) issued its decision in Sec. & Exch. Comm’n v. Jarkesy, U.S., No. 22-859, 2024 WL 3187811 (June 27, 2024), …
30 days means 30 days is the lesson from Illinois Appellate Court
6/20/24
By: Donald Patrick Eckler, Michael D. Sanders, and Joshua W. Zhao
In Rocha v. Munson Ski & Inboard Water Sports, Inc. et al., 2024 IL App (1st) 231469, the Illinois Appellate Court, First District, held that following …
You are not hallucinating: Risks and problems associated with Generative AI for lawyers
5/13/24
By: Jenna N. Lofaro
The New York State Bar Association’s Task Force on Artificial Intelligence recently issued a Report and Recommendations regarding Artificial Intelligence (“AI”) in the legal field. The task force on AI was created to examine the legal, …
Tax court overturned! IRS may penalize failure to file returns reporting control of foreign businesses
5/9/24
By: Nancy M. Reimer and William R. Covino
On May 3, 2024, the United States Court of Appeals for the District of Columbia Circuit issued its decision in Farhy v. Comm’r of Internal Revenue, No. 23-1179, 2024 WL 1945977 (D.C. …
Just the parties involved Ma’am, not the facts. Don’t be a “Joe Friday” when getting preliminary information from a prospective client
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 …
Non-Residents of Massachusetts may be required to pay state tax on sale of stock under the Appellate Tax Board’s recent decision
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
By: Courtney M. Knight, Esq.
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
By: Christopher J. Fulmer
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 …