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 …
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
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 …
3/27/23
By Jaemie L. Paraon and Albert K. Alikin
Several states have well-established case law holding that insurance carriers have a right to bring a direct malpractice action against defense counsel they retained to defend an insured, as long as …
3/23/23
By Scott Hroza
Failing to file a timely post-trial motion is one of the most common ways an attorney can get sued for malpractice. On April 24, 2023, the Supreme Court of the United States will be hearing oral argument …
Georgia Clarifies When an Exculpatory Clause will Apply to Preclude Liability
3/21/23
By Adam P. Reichel and Marc J. Shrake
Contract language and the extent it can be used to limit liability in the professional context is a never-ending chess match between individuals seeking to impose liability and professionals attempting to evade …