New York’s 2022 Comprehensive Insurance Disclosure Act imposes sweeping changes to defendant insurance disclosure requirements
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
New Year’s resolutions for design professionals: negotiate new contracts carefully
1/20/22
By: Catherine Bednar
The start of a new year is an excellent time for design professionals to review and implement measures for avoiding and minimizing their potential exposure from liability claims. Below are some key contract issues to consider as …
Eleventh Circuit clarifies standard of care for attorneys advising on unsettled areas of the law
1/12/22
By: Alyssa Wolf
A recent ruling in the Eleventh Circuit affirmed a decision of the Northern District of Alabama siding with a law firm sued for malpractice after not warning the client to cease behavior in an unsettled area of …
FTC expands data security requirements for financial institutions with an update to the Gramm-Leach-Bliley Safeguards Rule
1/10/22
By: Kirsten Patzer and Courtney Mazzio
On October 27, 2021, the Federal Trade Commission (“FTC”) announced an update to the rules implemented by the Gramm-Leach-Bliley Act expanding the definition of “financial institutions” under the Financial Privacy Rule and requiring these …
Legal considerations for stethoscope hygiene in a new era of infection control (COVID-19)
12/21/21
By: Edward Solensky, Jr.
A recent article in American Heart Journal Plus: Cardiology Research and Practice discusses how stethoscopes may be implicated in medical malpractice lawsuits as a potential cause of healthcare-associated infections (HAIs). The authors note that while there …
Recent Second Circuit decision demonstrates importance of carefully drafted engagement letters
12/6/21
By: David A. Slocum
A recent decision issued by the United States Court of Appeals for the Second Circuit demonstrates the importance of having carefully drafted client engagement letters clearly defining the scope of an attorney’s representation. In Allegrino v. …
Attention debt collectors in California: new law requires action by December 31, 2021
12/3/21
By: Mandy D. Hexom
Beginning January 1, 2022, pursuant to California’s new Debt Collection Licensing Act (DCLA), all consumer debt collectors who are collecting on their own account or the account of others, including debt buyers, must be licensed with the California Department of …
The age of e-file: lawyers should use caution to avoid malpractice, meet deadlines in the age of technology
11/1/21
By: Marissa Dunn
E-filing has radically changed the way we practice law. No longer are the days of finding parking near the courthouse and waiting your turn in line for the clerk. So too has service by physical mail disappeared. E-service dominates in …
IP malpractice mitigation: What IP practitioners should do to avoid claims, conflicts, and calamities
9/22/21
By: R. Victoria Fuller and Jessica Gray Kelly
Intellectual Property attorneys face malpractice risks unique to their specialty. Avoiding claims from clients and complying with the rules of professional conduct requires practitioners to exercise constant vigilance.
Understanding both the circumstances that tend to drive …
Massachusetts Appeals Court Holds a Claim for Violation of the Statute Prohibiting the Unauthorized Use of One’s Name, Portrait or Picture Does Not Require Quantifiable Damages to Survive Summary Judgment
6/21/21
By: Nancy Reimer, Victoria Fuller and Lori Eller
In Tedeschi-Freij vs. Percy Law Group, P.C., et al., the Massachusetts Appeals Court held a plaintiff need not show evidence of quantifiable damages to survive a motion for summary judgment …
Another Hit to Short-Term Rentals: Styller v. Zoning Board of Appeals of Lynnfield
6/11/21
By: Jessica Gray Kelly, Esq. & Matthew L. Schwartz, Esq.
Local governments seeking to curb short-term rentals by private homeowners received a win this week in the case of Styller v. Zoning Board of Appeals of Lynnfield, SJC-12901. The Massachusetts Supreme …
Google’s Use of Oracle’s java Application Programming Interfaces declared “Fair Use” by the United States Supreme Court
4/30/21
By: Kirsten Patzer
In a 6-2 decision, the Supreme Court of the United States(the “Court”) reversed the US Court of Appeals for the Federal Circuit in Google LLC v. Oracle America, Inc., holding Google’s use of Oracle’s Java Application …