Eleventh Circuit Rejects Insured’s Claim for Coverage for $10.7 Million Loss Under Computer Fraud Policy
6/18/18
By: Bill Buechner
The Eleventh Circuit recently held that an insured could not recover $10.7 million in losses under a computer fraud policy covering losses “resulting directly from” the use of a computer to fraudulently cause a transfer of funds.…
In California Lawyer-Client Sex Will Soon Be A No-No
5/14/18
By: Greg Fayard
In California, lawyers can have consensual sex with their clients as long as it is not based on coercion or in exchange for legal services. That will change this Fall. On May 10, 2018, the California Supreme …
"Lien On Me, When You're Insured …”*
5/11/18
*Apologies to Bill Withers.
By: Zach Moura
On May 8, 2018, the Court of Appeal, Second District, upheld a trial court’s decision that an insured plaintiff who chooses to receive treatment from providers who are outside of his private health …
Schiff Hardin Requests 5th Circuit To Dismiss Insurer's Malpractice Suit
4/25/18
By: Barry S. Brownstein
Schiff Hardin, LLP, asserting that it has immunity under Texas law, has appealed to the Fifth Circuit seeking to end a suit filed by Ironshore Europe DAC, alleging that the law firm’s bad advice in connection …
New Clarity for California CCP 998 Offers
4/18/18
By: Gretchen S. Carner
California Code of Civil Procedure section 998 settlement offers (“998 offer”) are valuable settlement tools, often under-utilized in prevailing party attorneys’ fees cases. The California Court of Appeal has bolstered defendants’ ability to confidently make valid …
Tax Day Troubles?
4/12/18
By: Jessica C. Samford
As the well-known saying goes, “Nothing can be said to be certain, except death and taxes,” and with the federal individual income tax deadline quickly approaching on Tuesday, April 17, 2018, now is a good time …
Attorney-Client Privilege? FBI’s Raid of President Trump’s Personal Lawyer’s Office
4/10/18
By: Gregory T. Fayard
On April 9, 2018, federal agents raided the law office of Michael Cohen, President Trump’s personal attorney. The purpose of the raid purportedly concerned a payment made to porn actress Stormy Daniels related to an alleged …
When the Midas Touch Does Not Protect You From Your CLE Obligations
3/15/18
By: Jonathan M. Romvary
As part of every attorney’s ongoing duty of competence, each jurisdiction requires attorneys to attend Continuing Learning Education classes each year. The failure to attain the minimum required credit hours for substantive and ethical topics may …
Avoiding the #%&^%!& Swearing Contest
3/9/18
By: Seth F. Kirby
In the course of defending professionals in all manner of disputes, a common theme is often repeated. It usually involves some variation of the former client (now plaintiff) claiming that they “were told” or that it …
Continuing Fiduciary Relationship Does Not Always Toll the Statute of Limitations in California
3/5/18
By: Brett C. Safford
In Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017) (“Choi”), plaintiffs, husband and wife, filed a lawsuit in November 2010 alleging that defendants, their former financial advisors, offered negligent and fraudulent financial …
Federal Jurisdictional Update
2/19/18
By: Owen T. Rooney
Title 28 of the United States Code Section 1367(d) allows for federal supplemental jurisdiction over state law claims. This statute, as now construed by the US Supreme Court in Artis v. District of Columbia, holds …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…