Third Time’s a Charm: California Enacts Model Rule of Professional Conduct Rule 8.3 Snitch Rule
7/17/23
By: William A. Muñoz
After two failed attempts in 2010 and 2016 to enact a version of Model Rule of Professional Conduct, Rule 8.3, otherwise known as the “Snitch Rule,” the California Supreme Court has approved a version of Rule …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has far more weight and may significantly …
SCOTUS Clarifies Need to File Post Trial Motions to Preserve Appeal
7/3/23
By: Meaghan Mahon and Lisa Grandner
Those in the legal profession understand the importance of preserving issues for appeal. Yet there has been conflict among the Courts of Appeals over whether a question of law, resolved at summary judgment, must …
The Importance of Verifying AI-Generated Legal Insights
6/2/23
By: Samuel C. Jeon
In recent months, Artificial Intelligence (“AI”) has become increasingly prevalent in the legal field. AI-powered tools are now being used for a variety of tasks, including legal research, contract drafting, and case prediction. While AI can …
Supreme Court Affirms Exception to Notice Requirement for Certain IRS Summonses/Subpoenas
5/31/23
By: David Chang and Elizabeth Lowery
On May 18, 2023, the Supreme Court affirmed that when the Internal Revenue Service issues a summons/subpoena in connection with its efforts to collect a tax liability, third-party recordkeepers – like accountants, banks …
“Make Sure To Get It In Writing”: An Idiomatic Anachronism In Today’s Complex Legal World
5/8/23
By: Nancy M. Reimer and Andrew M. Vandini
“Did you get it in writing?” has customarily and commonly been an inquiry used to determine whether a party can be held accountable for his, her, or its promises. The law, however, …
BEWARE THE BELIEF YOUR RESPONSE TO AUDITOR IS A COLOSSAL WASTE OF TIME
5/4/23
By: Tim Soefje
Some lawyers may create more potential professional liability over the coming months by drafting a single letter in response to their client’s independent auditor’s request for information than they will throughout the entire rest of the year.…
Third-Party Litigation Financiers: A Trend Towards Automatic Disclosure
5/3/23
By Gabriel Canto and Sharlynne M. Mate
Third-party litigation financing is the practice of obtaining litigation financing through a third-party financial institution (i.e. “the financier”). Although there is no universally accepted definition of third-party litigation finance, such agreements share several …
The Importance of the Case Within the Case in Legal Malpractice Actions
4/18/23
By Patrick Cosgrove and Meaghan Mahon
Legal malpractice defense attorneys know they must make the plaintiff prove two cases – the legal malpractice case and the “case within a case”, requiring the plaintiff to prove the merits and damages of …
Show Your Work! Massachusetts Appeals Court Holds Expert’s Opinion Insufficient in Legal Malpractice Case
4/17/23
By Paul Boylan and Ryan Giggi
In Abdulky v. Lubin & Meyer, P.C., decided on March 28, 2023, the Massachusetts Appeals Court disposed of a professional malpractice case by invocation of the principle that expert disclosures used on summary …
Indiana Reaffirms Need for Insured to Read Policy in Win for Insurance Agent
3/29/23
By Donald Patrick Eckler
The Indiana Court of Appeals has adopted a rule regarding when the statute of limitations begins to run for claims against an insurance producer similar to that in Illinois announced by the Illinois Supreme Court in …