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Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer's Duty
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Attorneys Owe Duty to Next of Kin in Wrongful Death Action
|
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Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client
|
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Lawyer Not Liable for Failure to Make a Better Argument to Avoid an Error by the Trial Court
|
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Law Firm’s Continued Availability for Background Information Did Not Rekindle the Attorney-Client Relationship
|
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Conflict Imputed from Client’s “Outside In-house Counsel” to Client’s Separate Litigation Defense Counsel
|
|
Claim Seeking Recovery of Excessive Estate Taxes Did Not Survive Death of Client
|
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Florida Supreme Court Limits Use of Absolute Privilege as a Defense
|
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Federal Court Upholds Validity of Advance Conflict Waiver by Client with In-House Counsel
|
|
Florida Bar Issues Proposed Advisory Opinion Regarding Cloud Computing
|
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Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction
|
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U.S. Supreme Court Narrows Federal Jurisdiction For Malpractice Actions Arising out of Federal Patent Issues
|
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New Jersey Clarifies Permissible Scope of Transactional Work by Out-of-State Lawyers
|
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Legal Expert Cannot Opine on Merits of Underlying Medical Malpractice Case
|
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Attorney Who Failed to Challenge Uncertainty in the Law Not Entitled to Dismissal
|
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"Suit Within a Suit" Requires Full Jury Instructions and Lost Punitive Damages Are Not Part of Legal Malpractice Recovery
|
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Illinois Allows Excess and Umbrella Insurers to Bring Equitable Subrogation Claim Against Law Firm
|
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Plaintiff Failed to Establish Collectibility of Underlying Judgment
|
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Excess Carrier May Sue Attorneys Retained by Primary Carrier for Equitable Subrogation, But Not Legal Malpractice
|
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Plaintiffs Failed to Establish Causation and Damages in “Settle and Sue” Type of Legal Malpractice Action
|
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Attorney’s Admission of Error Without Insurer’s Approval Did Not Relieve Insurer of Duty to Defend In Legal Malpractice Action
|
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D.C. Bar Clarifies Boundaries for Disclosure of Client Confidences by Discharged In-House Counsel
|
|
Georgia Deems Intra-Firm Communications Regarding Potential Malpractice Privileged Under Certain Circumstances
|
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Ninth Circuit Denies Class Counsel Attorney Fees Due to Conflict
|
|
Attorney’s Failure to Pursue Enforcement of Judgment Was Actual Injury That Stopped Tolling of Statute of Limitations
|
|
Duty to Defend Triggered by Allegations of Malicious Prosecution
|
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Showing of Proximate Cause Required in Transactional Legal Malpractice Claim
|
|
IOLTA Indemnification Provisions Trigger Attorney’s Obligation to Indemnify Bank for Underlying Litigation Expenses
|
|
SDNY Issues Conflicting Opinions Regarding Rights to Dissolved Firm Hourly-Fee Matters
|
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Law Firm Owed Various Duties Stemming From Investigation Into Insider Wrongdoing
|
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Court Rejects Insurer’s Arguments That Claim Was Made Prior to Policy Period and Attorney Knew of Potential Claim
|
|
Lack of Involvement by Co-Counsel Did Not Preclude Liability for Malicious Prosecution
|
|
Settlement Agreement Precluded Client From Establishing Justifiable Reliance
|
|
Public Policy Precludes Nonpecuniary Damages in Legal Malpractice Case Arising out of Criminal Defense
|
|
Judgment Against Law Firm, Which Included Punitive Damages, Affirmed
|
|
Supreme Court of Louisiana Upholds Use of Arbitration Clauses in Retainer Agreements
|
|
Pennsylvania Court Prohibits Commercial Assignments of Legal Malpractice Claims
|
|
Client Did Not Sustain “Actual Injury” Until Court Ruled on Trust Documents
|
|
Law Firm Could Compel Arbitration of Claims Despite Being Nonparties to Arbitration Agreement
|
|
Settlement of Underlying Case Does Not Preclude Malpractice Action
|
|
Federal Circuit Holds That Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Claim Arising out of Patent Prosecution
|
|
Second Circuit Affirms Sanctions Against Law Firm Entity Under Section 1927
|
|
Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims
|
|
Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege
|
|
Plaintiff Not Required to Present Expert Testimony Pertaining to Reasonableness of Attorneys’ Fees Incurred
|
|
Minnesota District Court Finds Jurisdiction Over Ohio Lawyer
|
|
Ninth Circuit Reverses Sanctions for Failure to Consider Willfulness, Fault or Bad Faith
|
|
Bankruptcy Court Authorizes Destruction of Client Files
|
|
California Federal Court Holds Buyer and Seller Protected by Common Interest Privilege
|
|
Ohio Federal Court Allows Insurer to Sue Defense Counsel
|
|
Illinois Appellate Court Rejects Fiduciary Duty Exception to Attorney-Client Privilege
|
|
Second Circuit Strikes Down Two Aspects of New York’s Attorney Advertising Rule
|
|
Montana Supreme Court Disqualifies Law Firm Based on Lateral Lawyer’s Concurrent Conflict
|
|
New York Appellate Court Adopts Zubulake, Imposes Spoliation Sanctions
|
|
Mississippi Appellate Court Upholds Standing of Excess Insurer To Sue Defense Counsel
|
|
In Criminal Malpractice Context, Accrual Occurs When Indictment Was Dismissed
|
|
Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required on Standard of Care
|
|
Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Action Arising Out of Patent Infringement Claim
|
|
A Clearly Drafted Engagement Letter Can Limit the Scope of Attorney’s Duties
|
|
Attorney Who Signed Settlement Agreement Not Liable for Its Breach
|
|
Plaintiffs’ Contributory Negligence in Failing to Read Leases Precludes Malpractice Claim
|
|
Second Circuit Allows Undisclosed Ghostwriting
|
|
Louisiana Law Does Not Require an Appeal of an Adverse Judgment Before Filing Malpractice Action, But Expert Testimony Required
|
|
Attorney Owed No Duty to Plaintiffs as Intended Third-Party Beneficiaries
|
|
New York Law Office Requirement Held Unconstitutional
|
|
Federal Circuit Upholds Advance Conflict Waiver in Joint Defense Agreement
|
|
Nevada Supreme Court Adopts Disqualification Rule for Use of Information From Anonymous Source
|
|
Firm’s Agreement With Opposing Party Creates Unconsentable Conflict
|
|
Lawyers May Influence Their Clients’ Communications With Represented Parties
|
|
Plaintiff’s Malpractice Suit Placed Attorney-Client Communications With Subsequent Counsel “At Issue” and Plaintiff Thus Waived Privilege
|
|
Summary Judgment to Insurer Based on Breach of Notice and Cooperation Clauses
|
|
ABA Provides Guidance for Warning Clients About the Risks of Electronic Attorney-Client Communications
|
|
ABA Provides Guidance for Ethical and Legal Duties When Employer’s Lawyer Obtains Employee’s E-mails With the Employee’s Lawyer
|
|
ABA Provides Guidance for Permissible Changes to Attorney Fee Agreements During Representation
|
|
Illinois State Court Has Jurisdiction of Legal Malpractice Claim Arising Out of Patent Matter
|
|
Indiana Supreme Court Provides Guidance on Ethics Rules for Out-of-State Attorney Advertising
|
|
Federal Circuit Has Exclusive Jurisdiction of Appeal of Claim Arising Out of Patent Matter
|
|
Legal Malpractice Claim Arising Out of Patent Matter Dismissed for Lack of Jurisdiction
|
|
SEC Whistleblower Rule Excludes Money Awards to Attorneys and Others Violating Attorney-Client Privilege and Confidentiality
|
|
Notice of Claim to Insurer by Claimants Is Insufficient, But Estoppel Precludes Summary Judgment
|
|
Attorney Representation Concludes When Client No Longer Has Reasonable Expectation of Representation
|
|
Ohio Court of Appeals Affirms Parol Evidence Rule As Applied to Engagement Letters for Attorneys
|
|
Illinois Six-Year Statute of Repose Commenced on Date of Injury, Not on Date of Client’s Death, and Claim Was Thus Time-Barred
|
|
Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
|
|
U.S. Supreme Court Insulates Advisers, Including Lawyers, From Rule 10b-5 Liability for Statements Made by Companies
|
|
California Supreme Court Holds Attorney Can Be Sued for Civic Efforts Against Former Client’s Interests
|
|
Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
|
|
Continuous Representation May Toll the Statute of Limitations in Washington
|
|
Modification of Protective Orders to Permit Disclosure of Confidential Materials Must Satisfy Three-Prong Test
|
|
Negligent Misrepresentation Does Not Apply to Prospective Client’s Negligence Lawsuit
|
|
For Statute of Repose to Be Tolled, Attorney Must Make Affirmative Misrepresentations
|
|
New York Bar Blesses Agreement for In-House Lawyer Imposing Post-Employment Confidentiality Obligations
|
|
In-House, Out-of-State Licensed Counsel Must Register to Practice in New York State
|
|
Attorney-to-Client Communications Categorically Protected in Pennsylvania
|
|
North Carolina Bar Opinion Advises Firms to Run Conflicts Checks for Newly Hired Law School Graduates
|
|
California Federal Court Allows Screening of Conflicted Lawyer
|
|
Oregon Bar Issues Formal Opinion on Ethics Issues Arising in Mentoring Relationships and Use of LISTSERVs
|
|
Framework Retainer Agreement Does Not Perpetually Bind Law Firm for Purposes of Current Client Conflicts
|
|
Third Circuit Applies Stoneridge, Denies Class Certification to Securities Fraud Claims Against Law Firm
|
|
FDCPA Does Not Apply to Misleading Communications Directed at Judge
|
|
Attorney Who Engaged in Criminal Conduct to Exonerate Client Not Immune as a “Law Enforcement Officer”
|
|
Law Firm Violated FDCPA Relying on Client Information; Committed Malicious Prosecution by Not Acting on Client Information
|
|
California Malicious Prosecution Claim Against Attorneys Governed by One-Year Malpractice Statute of Limitations
|
|
Florida Supreme Court Upholds Attorney-Client Privilege in Bad Faith Claims
|
|
Expert Declaration Containing Conclusory Assertions Not Sufficient to Sustain Legal Malpractice Action
|
|
Law Firm’s Internal Loss Prevention Communications Are Privileged From Discovery by Client
|
|
Internal Law Firm E-mail Is Privileged From Discovery by Client in Securities Litigation
|
|
Mediation Confidentiality Statutes Include All Evidence of Discussions Immediately Preceding, During and After Mediation
|
|
Ninth Circuit Rejects Attorney-Client Privilege and Work Product Protection for Tax Appraisal File
|
|
Court Balances Contract Law Principles With Legal Ethics in Fee-Sharing Case
|
|
NY Appellate Court Manages Litigation Issues Stemming From Pilfered E-Mails
|
|
Experienced Patent Lawyer Unqualified to Testify Regarding Standard of Care and Causation
|
|
Texas Lawyers May Reveal Corporate Client’s Fraud to Client’s Creditors
|
|
Fifth Circuit Strikes Certain Rules Governing Attorney Advertising in Louisiana
|
|
California Court of Appeal Holds Privilege Waived When Employee E-Mails Attorney on Employer’s System
|
|
Client’s E-Mails and Blog Postings Regarding Conversations With Counsel Waive Attorney-Client Privilege
|
|
Attorney Who Refers Matter For a Fee Has Duty to Act if Receiving Lawyer Commits Misconduct
|
|
Prosecutors’ Use of Undercover Informant Armed With False Subpoena Does Not Violate No-Contact Rule
|
|
Federal Judge Sets Aside Magistrate’s Controversial Corporate Attorney-Client Privilege Ruling
|
|
Colorado Bar Differentiates Online Directories From Lawyer Referral Services
|
|
FTC Issues Rule Governing Mortgage Relief Providers; Includes Lawyer Exemption
|
|
Future Conflict Requires Knowledge of Specific Adversity or Particular Clients Who May Be Involved
|
|
Ninth Circuit Allows Immediate Appeal of Third-Party Discovery Order Involving Privilege
|
|
Attorney Cannot Recover From Former Client for Loss of Future Fees
|
|
Careful Prior Consideration of Conflicts Issue Assists in Avoiding Discipline
|
|
Work Product Protection Applies to Plaintiff’s Testing Data in Patent Dispute
|
|
New York High Court Declines to Broaden Liability of Third-Party Professionals for Client Fraud
|
|
New York Bar Allows Online Storage of Confidential Client Information With Third Parties
|
|
California Court Strikes Malicious Prosecution Claim Based on Anti-SLAPP Motion
|
|
Ohio Supreme Court Recognizes Self-Protection Exception to Attorney-Client Privilege
|
|
ABA Formal Opinion Emphasizes the Duty of Confidentiality in Responding to Ineffective Assistance of Counsel Claims
|
|
ABA Issues Guidance on Ethical Issues Related to Lawyer Websites
|
|
No Privilege for In-House Counsel Communications in Europe’s High Court
|
|
Federal Court Recognizes Several Legally Cognizable Injuries Resulting From Firm’s Conflict of Interest
|
|
Screening of Nonlawyer Employees Requires Formal Institutionalized Measures in Texas
|
|
Eighth Circuit Invalidates Fee-Splitting Agreement Based on Technical Violations of Ethical Rule
|
|
Ethical Rule Does Not Alter Unconscionability Analysis As to Fee Arrangement
|
|
Loss of Chance Doctrine May Apply to Legal Malpractice
|
|
D.C. Circuit Clarifies Scope of Work-Product Protection
|
|
Attorney Cannot Agree to Arbitrate Without Client Consent
|
|
Lawyer Avoids Malpractice Liability by Expressly Limiting Scope of Representation
|
|
Newly Adopted ABA Model Rule 1.15 Offers Guidance to Client Trust Account Maintenance, Brings Lawyers Into Updated Technological Practices
|
|
Ninth Circuit Holds Lawyer Has Duty to Investigate Source of Legal Fees to Avoid Constructive Trust
|
|
Second Circuit Adopts Factors for Assessing Corporate Affiliate Conflict of Interest
|
|
California Bar Recommends Adoption of a Conflicts Imputation Rule But Rejects a Related Screening Rule
|
|
Sharing Documents With Litigation Financing Companies Waives Privilege for Those Documents
|
|
California Statute Modifies Limitations Period for Certain Malpractice Claims Against Criminal Lawyers
|
|
Federal Court Lacks Jurisdiction Over Legal Malpractice Claim Arising From Labor Negotiations
|
|
Contingent Fee Agreement Does Not Compensate Lawyer for Defense Against Potential Counterclaims
|
|
Ninth Circuit Holds That Legal Malpractice Claim May Arise From Activity Protected by Anti-SLAPP
|
|
Court Disqualifies Firm, Despite Screening of Conflicted Lawyer, Because of Firm's Size
|
|
Ninth Circuit Sanctions Lawyers in High-Profile Case
|
|
Ninth Circuit Adopts Two New Attorney-Client Privilege Standards for Corporate Counsel
|
|
In-House Attorney Not Protected by Whistleblower Statute Because Reporting Wrongdoing Was Part of His Job Duties
|
|
Parent Company’s Rejection of “One-Entity” Clause in Retainer Did Not Create Attorney-Client Relationship With Subsidiaries
|
|
No Attorney-Client Privilege for Corporation That Failed to Confirm In-House Attorney’s Licensure Status
|
|
ABA Allows Mediators to Draft Divorce Settlement Agreements With Appropriate Party Consent
|
|
Firm That Prosecuted Competing Patents Subject to Breach of Fiduciary Duty Claim, But Not to Conversion Claim
|
|
New York Relaxes Privity Rule for Personal Representative’s Legal Malpractice Claims
|
|
New Jersey Supreme Court Rejects Two Potential Bars to Legal Malpractice Cause of Action
|
|
Arizona Enforces Hurdles for Multi-jurisdictional Practice
|
|
Supreme Court Approves Amendments to Federal Rule of Civil Procedure 26 Limiting Discovery of Expert Witnesses
|
|
Federal Circuit Lays Out Test for When Lawyer’s Access to Opposing Party’s Confidential Information May Be Used to Limit the Scope of Attorney’s Representation
|
|
New Jersey Supreme Court Elaborates on Meaning of “Substantially Related Matters” Under Former-Client Conflicts Rule
|
|
Maine Supreme Court Requires Party Seeking Law Firm Disqualification to Demonstrate Particular, Actual Prejudice From Alleged Ethical Violations
|
|
Montana Supreme Court Finds Due Process Violation in Lawyer Disciplinary Proceeding
|
|
Iowa Supreme Court Uses Equitable Power to Enjoin an Out-of-State Attorney Practicing Federal Law Under MJP Rules in Iowa, for Violations of the Iowa Ethics Rules
|
|
Federal Circuit Reverses $4.4 Million Sanctions Award Against Patent Infringement Plaintiffs and Law Firm
|
|
Client May Vacate Default Judgment Caused by Lawyer’s Neglect Even Though Lawyer Was In-House Counsel
|
|
Contract Lawyer’s Conflicts of Interest Not Necessarily Imputed to Firm According to D.C. Bar
|
|
Federal District Court Strikes Down Texas Criminal Restrictions on Professional Solicitations
|
|
Illinois Supreme Court Holds That Ethical Rule Prohibiting Communication With a Represented Party Is Limited to the Same Matter, Regardless of Whether the Matters Are Factually Related
|
|
Trio of Recent Decisions Address Lawyer Mobility
|
|
U.S. Supreme Court Strictly Limits Enhancements of Attorney Fee Awards Above Lodestar Amounts
|
|
U.S. Supreme Court Holds That the Bona Fide Error Defense in the Fair Debt Collection Practices Act Does Not Include Mistakes of Law
|
|
State Appeals Court Adopts U.S. Supreme Court’s Recent Mohawk Industries Holding: Privilege Ruling Not Subject to Interlocutory Appellate Review
|
|
Second Circuit Splits on Authority of Magistrate Judge to Impose Rule 11 Sanctions Absent Consent of the Parties
|
|
Court Rejects a Mandatory Disqualification Rule for a Law Firm’s Current-Client Conflict of Interest, and Denies Motion to Disqualify the Firm
|
|
Ninth Circuit Reverses Prior Decision Based on a Subsequent Statutory Charge and Holds That Lawyer Cannot Discharge in Bankruptcy the Costs Owed to Bar Assessed in Disciplinary Proceeding
|
|
Expert Witness Work Leads to Conflict of Interest, Imputed Disqualification
|
|
Pennsylvania Supreme Court Splits on Rationale for Subject Matter Waiver; Avoids Decision on Scope of Privilege for In-House Counsel-to-Client Communication
|
|
Second Circuit Strikes Down Certain of New York's Attorney Advertising Rules; Upholds 30-Day Solicitation Moratorium in Personal Injury and Wrongful Death Matters
|
|
U.S. Supreme Court Weighs in on Applicability of 2005 Bankruptcy Law to Attorneys' Advice and Advertising
|
|
South Carolina Attorney Ad Tests Bounds of Advertising Rule
|
|
City of New York Bar Issues Formal Opinion That Jointly Represented Clients May Not Waive the Right to Approve Aggregate Settlements
|
|
Lawyers' Professional Liability Update
|
|
Statutes of Repose Do Not Shorten Bankruptcy Trustee’s Period to Pursue Legal Malpractice
|
|
New Jersey Supreme Court Sets Clear Conditions That Would Allow a Company to Pay Attorney Fees for Employees Who Are Targets and Potential Witnesses in a Grand Jury Proceeding
|
|
California Class Action Lawyers Must Help Class Members Enforce Judgment
|
|
Lawyers May Solicit Lay Organizations to Lecture on Legal Topics, But Limits Apply
|
|
Discharged Firm May Still Collect Contingency Fee
|
|
Narrow Interpretation of Spoliation of Evidence Tort Offset By Potential Ethical, Criminal and Other Civil Liability
|
|
Joint Defense Agreements Give Rise to Unique Conflicts and Imputation Issues
|
|
FSA Lenders Not Subject to State UPL Laws
|
|
FTC Lacks Authority to Regulate Lawyers Under the Fair and Accurate Credit Transactions Act
|
|
Lawyer Suspended for Representing Ward and Conservator
|
|
Second Circuit Limits Use of Witness-Advocate Rule for Disqualification
|
|
D.C. Court Holds "Earned On Receipt" Fees Unreasonable
|
|
Attorney Who Represented Feuding Family Members Gets Six-Month Suspension
|
|
Attorney-Client Privilege Trumps Company’s Email Policy
|
|
Lawyer Barred From Contacting Members of Conditionally Certified Class Who Were Represented By Other Counsel
|
|
Attorney Liens Have Priority Over Medical Liens
|
|
Insurer Cannot Necessarily Deny Coverage if Attorney Ignores Malpractice Claim
|
|
Firm Can Represent Both Executor and Beneficiary of Will
|
|
Oregon State Bar Proposes Rule Change for Reciprocity Admission
|
|
Illinois Adopts Unauthorized Practice of Law and Multijurisdictional Rule That Carves Safe Haven for Foreign Lawyers
|
|
Intentional Wrongdoer Can’t Sue for Legal Malpractice
|
|
Attorney May Send Unsolicited Informational Messages Under TCPA
|
|
Washington Attorney Disbarred Following Guilty Plea Based on Failure to Report Receipt of $20,000 in Cash
|
|
Maine Court Addresses, But Does Not Resolve, Conflict Between Privilege and Privacy Policies
|
|
Federal Circuit Adopts High Particularity Standard for Inequitable Conduct Pleadings
|
|
Scope of “At Issue” Waiver of Attorney-Client Privilege is Limited
|
|
Class Counsel Do Not Automatically Owe a Heightened Duty to Less Capable Class Members
|
|
Law Firm Cannot Be Directly Liable for Malpractice and Can Only Be Vicariously Liable if One of its Principals or Associates is Liable
|
|
Client’s Failure to Pursue Alternative Forum Does Not Excuse Attorney Negligence
|
|
Attorney Sanctioned for Moving for Sanctions
|
|
Law Firm Which Represented Limited Partnership Does Not Owe Fiduciary Duties to Limited Partners
|
|
Kentucky Overhauls Ethical Rules
|
|
Citizenship of Contract Partner Irrelevant for Diversity Jurisdiction
|
|
Right to Attorney Fees May Be Waived in Settlement
|
|
The Ninth Circuit Holds That the Bankruptcy Court Has Inherent Authority to Suspend a Lawyer
|
|
Firm May Assign Right to Collect Client's Unpaid Fees
|
|
Insurer May Sue Insured's Attorney in Florida
|
|
Arbitrators May Have Inherent Powers That Go Beyond Expressly Conferred Powers
|
|
Court Denies Prevailing Party Fees Due to Client's and Lawyer's Lack of Collegiality
|
|
Court Declines to Meddle With Fee Sharing Agreement Despite Unequal Sharing of Workload
|
|
Agreement on Dollar Amount Alone Not Enough for Binding Malpractice Settlement
|
|
Law Firm Not Liable for 10(B) Violation Under Stoneridge
|
|
Settlement of Class Action Approved Despite Multiple Client Conflicts
|
|
Law Firm's Malpractice Policy Rescinded Due to Partner's Material Misrepresentation
|
|
Court Construes Work Product Broadly, Attorney-Client Privilege Narrowly
|
|
Plaintiff Loses Legal Malpractice Claim By Assignment of Majority of Proceeds to Third Party
|
|
In a Legal Malpractice Case, Attorney Negligence Cannot Be Found in a Hearing on an Evidentiary Motion
|
|
Lawyer Who Drafted Long Term Contract May Owe Long Term Duty
|
|
Lawyer Who Never Talks to a Client Still May Owe Duty of Confidentiality
|
|
Client Allowed to Sue Lawyer for Malpractice Under a Breach of Contract Theory
|
|
No Legal Malpractice Claim for Clients Who Should Have Looked at Attorney's Work
|
|
Joining Legal Malpractice Claim With Underlying Claim Does Not Guarantee Collateral Estoppel
|
|
Law Firm Not Liable for Malpractice Because Mistake Did Not Cause Lower Damages Award
|
|
Attorney Stripped of Entire Fee for Overcharge of Client
|
|
New Jersey Supreme Court Orders Redraft of RPC 7.1 to Address Super Lawyer/Best Lawyers Issues
|
|
Ninth Circuit Declines to Follow California Definition of Unauthorized Practice of Law
|
|
Former Law Firm Associate May Sue Firm for Discrimination
|
|
ABA Discusses Ethical Issues Related to Law Firm In-House Counsel
|
|
Bankrupt Lawyer Need Not Pay Restitution as Part of Disciplinary Sanction
|
|
Lawyer Disbarred By State Based Primarily on Federal Court Sanctions
|
|
Dropping a Client Can Be More Complicated When Lawyers Switch Firms
|
|
Court Reduces Attorney Fee Despite Skillful Representation
|
|
Lawyer Allowed to Practice Despite Felony Guilty Plea
|
|
Eighth Circuit Applies Minnesota Supreme Court's Third Party Standing Requirement for Legal Malpractice
|
|
Lawyer is Not Liable for Breach of Fiduciary Duty When Client’s Independent Settlement of Third-Party Litigation Also Releases Lawyer From Liability; There is No Business “Transaction” With the Client
|
|
Oregon Court Holds That Landlord/Tenant Disputants Have No Enhanced Right to Attorney Fee Awards
|
|
Ninth Circuit Holds That SEC Can Use Civil Investigation to Tee Up Criminal Investigation
|
|
Line of Credit Interest Charges May Be Recouped from Clients
|
|
Law Firm Not Required to Inform Its Insurer of Potential Liability Based on Client’s Misconduct
|
|
Washington Lawyers May Use Availability Retainers and Fixed Fees
|
|
California Court Reverses Juvenile Court’s Order of Disqualification and Clarifies the Application of Disqualification Rules to Public Law Firms
|
|
Disciplinary Cost Assessment Not Dischargeable in Bankruptcy
|
|
Disclosure Pursuant to Coercive Federal Investigation Does Not Waive Privilege
|
|
New York Appellate Court Rejects Breach of Fiduciary Duty Claim Against Law Firm That Worked for Client’s Competitor
|
|
California Court Upholds Attorney’s Use of Interpleader to Avoid Conversion Claim, Upholds Dismissal of Legal Malpractice Claim on Grounds That Claimed Damages Were Speculative and Upholds Contingent Fee Awards Against Claims of Illegality
|
|
Judge Prohibits Defense Firm’s Representation of All of Defendant’s Former Employees
|
|
Offensive Collateral Estoppel May Be Used Against Attorneys in Bar Proceedings
|
|
New Jersey Shareholders Can Sue Corporate Outside Counsel for Malpractice Despite Settling Underlying Matter
|
|
New Jersey Loosens Restrictions on In-House Counsel
|
|
Cases in Disagreement as to Proper Forum for Legal Malpractice Cases Arising From Intellectual Property Matters
|
|
Denial of Fee Disgorgement Held Appropriate Exercise of Discretion Where Client Was Unharmed
|
|
Second Circuit Dismisses KPMG Indictments Because of Prosecution’s Sixth Amendment Violations
|
|
New York Court Upholds Retainer Agreement That Provides Defunct Law Firm With Technology Company Stock as Legal Fees
|
|
Client Can Sue for Legal Malpractice for Failure to Bring Claim for Libel Per Se
|
|
Court Finds That New York’s Dead Man’s Statute Does Not Bar Attorney’s Defense in a Disciplinary Proceeding
|
|
Louisiana Amends Lawyer Advertising Rule
|
|
Client Attacks Common Engagement Letter Practice, Attorney Wins
|
|
New York Firm That “Outsourced” Legal Work to Another Firm Held Liable for Failure to Supervise
|
|
A Loss Reduction Technique to Avoid
|
|
Failure to Warn Client of Rate Increase Was Not a Breach of Fiduciary Duty
|
|
Whether Malpractice Claim Was Improperly Assigned Is an Issue of Fact
|
|
Attorney’s Inequitable Conduct Invalidates Patent
|
|
More Than Relevance of Privileged Material Needed to Find “At Issue” Waiver
|
|
Legal Malpractice Award Not Reduced By Attorney-Defendant’s Hypothetical Fee
|
|
Attorney’s Direct Negotiation With Represented Opposing Party Does Not Invalidate Settlement Agreement
|
|
Prosecutors Involved in Case-Related Media Projects Get Reinstated By California Supreme Court
|
|
Decision On Criminal Jury Instruction Rests With Counsel, Not Client
|
|
Sex Discrimination Claim Subject to Arbitration Under Partnership Agreement
|
|
Court Applies Stoneridge to Release Law Firm From Securities Litigation
|
|
Paralegal Expenses Are “Fees” Not “Costs” and Shall Be Recovered By Litigants at Prevailing Market Rates
|
|
Utah Lawyers May Ghostwrite for Pro Se Litigants
|
|
Second Circuit Amends Controversial Fee Award Ruling
|
|
Limitations Period for Fee Collection Begins When Attorney—Client Relationship Ends
|
|
Lawyer May Have Civil Liability for Not Blowing Whistle
|
|
Attorney Has No General Duty to Disclose Client’s Intent to File for Bankruptcy
|
|
Law Firm Sanctioned for Baseless Counterclaim
|
|
Attorney Sanctioned for Disobeying a Protective Order and Related Wrongdoing
|
|
Court Cuts Firm's Rate for Travel Time
|
|
Minnesota Court Holds That Ethical Rules of the State Where a Bank is Located Govern Charges of a Multistate Lawyer’s Misuse of Trust Accounts While Forum Rules Govern Alleged Lies to and Non-Cooperation With the State Bar
|
|
Proximate/Substantial Cause is the New York Standard for Attorney Malpractice
|
|
Insurer Can Sue Insured’s Attorney for Malpractice
|
|
Out-of-State Lawyers Can Represent Clients in New York Arbitrations
|
|
Lawyer Not Required to Disclose Dissatisfied Client to Insurer
|
|
Evidence of Divorce Settlement Held Inadmissible to Prove Damages in Legal Malpractice Suit Based on Drafting of Prenuptial Agreement
|
|
Law Firm Slapped in Suit for Stealing a Client
|
|
Law Firm Denied Fees in Bankruptcy Proceeding for Not Disclosing Conflicts
|
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Attorney Sanctioned for Misstating Opponent’s Position
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Failure to Obtain Professional Liability Insurer’s Approval Before Hiring Counsel “Costs” Insured Attorney
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Defendants Must Act Quickly to Protect Seized Documents
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Attorneys Allowed to Break Privilege Following Client’s Filing of Declarations Blaming Discovery Errors on Attorneys
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"Model Law Firm Risk Management Manual" Now Available
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Plaintiff’s Burden of Proof on Personal Jurisdiction Depends in Part on Stage and Nature of Court Proceedings
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Personal Profit Exclusion Upheld As a Matter of Law
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Expert Witness May Be Deposed As Fact Witness
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New York District Court Holds That Lawsuit Under Oregon Blue Sky Laws May Proceed Against New York Law Firm
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Court Holds That In-House Counsel’s Inadequate Electronic Record Preservation Justifies Full Forensic Search of Corporate Founder’s Laptop
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USPTO Revises Procedure for Requests to Withdraw From Representation in a Patent Application
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Massachusetts In House Lawyers Now Required to Register
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Virginia Opinion Advises That Corporate Counsel Based Out of State May Advise Employer About Virginia Law
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Ninth Circuit Finds Possible Malicious Prosecution By Attorney, But Not Client
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Ninth Circuit Holds That Law Firm Must Pay Former Co-Counsel Despite Firm’s Claimed Lack of Profit on Case as a Whole
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Delaware Allows Limited Long-Term Practice By Foreign Counsel
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District Court Abused Discretion By Delegating Fee Allocation to Self-Interested Attorneys
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Idaho Court Holds Client Who Agreed to Settlement Can’t Sue Lawyer
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Attorneys Disbarred for Extraordinary Sting Operation
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Court Holds Selective Waiver Generally Not Allowed in Surrender of Work Product to the Government
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Minnesota Supreme Court Clarifies Standards for Potential Lawyer Liability to Non-Clients
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Pennsylvania Supreme Court Holds Lawyer Misconduct Not Subject to Consumer Protection Statute
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District of Columbia Ethics Opinion Advises That Limiting the Scope of an Engagement to a Discrete Legal Issue or Discrete Stage in Litigation May Avoid a Former Client Conflict
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Lawyer Escapes Sanctions for Premiums Added to Clients’ Bills Without Consent, But Gets Suspended for Related Conduct
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New York Court Holds That Vague Billing Records Preclude Quantum Meruit Recovery
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New York Court Holds Attorneys Who Send Faxes on Legal Issues May Be Unlawful Advertisers Under TCPA
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Indiana Court Discusses Relationship Between RPC on Doing Business With Clients and Parallel Common Law Fiduciary Duties
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Legal Hotline Cannot Disclaim Attorney-Client Relationship With Callers
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Regulatory Body for Securities Dealers Attempts to Loosen Restrictions on Representation in Arbitration Proceedings
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Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
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Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
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Law Firm’s Duty to Directors of Corporate Client Comes and Goes in Single Case
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Supreme Court Holds That Sixth Amendment Right to Counsel May Be Satisfied When Lawyer Participates Via Speakerphone
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New York Case Holds Lawyers Who Are Limited Liability Partners May Remain Liable to Each Other After Withdrawal
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Warning Signs Should Have Led Sanctioned Attorneys to Inquire Into Adequacy of Client’s Discovery Production
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Delaware Court Holds That Disclosure of Results of Internal Investigation to Board of Directors Waives Attorney-Client Privilege When Some Directors or the Board Have Adverse Interests
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New York Court Holds Absent Class Members Not Entitled to Attorney’s Files
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Delaware Court of Chancery Exercises Personal Jurisdiction Over Law Firm Who Filed Certificate Amendment for Client in Delaware
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Convertible Hybrid Fee Agreement Violates Alaska Law When Conversion is Triggered By Client’s Decision to Settle
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Pennsylvania Court Strictly Applies Time Bar to Legal Malpractice Claim
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U.S. District Court Rejects “Pervasive Regulation” and “Reverse Engineering” Theories and Holds Attorney-Client Privilege Unavailable to House Counsel Acting in What the Court Considered a Business Capacity
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Illinois Court Clarifies Rights of Unpaid Law Firms to Sue in Contract and Tort
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Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
|
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Mishandling of Inadvertently Produced Work Product Results in Disqualification of Counsel and Experts
|
|
E-mail Policy Renders Communications Non-Confidential
|
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Malpractice Liability Precluded by Dismissal of Underlying Claims Against Co-Defendant
|
|
Appearance of Impropriety Test Abandoned in Oklahoma
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Attempt to File Suit in a Mississippi Court Without Pro Hac Vice Admission Subjects Out-of-State Attorney to Sanctions and Potential Disciplinary Action
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Judicial Conference Proposes New Federal Rule of Evidence 502 Regarding Waiver of Privilege to Limit Costs of Discovery
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California Court Holds Corporate Attorney-Client Privilege Extends to Third Parties Reasonably Necessary to Carry Out Legal Advice and Strategy
|
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ABA Concludes Limited Representation in Collaborative Law Practice Does Not Violate Ethics if Informed Consent is Obtained
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Federal Circuit Finds Exclusive Federal Jurisdiction of Legal Malpractice Cases Arising From Patent Matters
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California Supreme Court Holds That When an Attorney Leaves a Firm and Takes a Client, the Statute of Limitations for Legal Malpractice is Not Tolled as Against the Former Firm and Its Partners
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New York City Bar Provides Guidance on Corporate Family Conflicts of Interest and Representation Adverse to Affiliates
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DC Bar Association Concludes Lawyer Who Knows that an Adversary Inadvertently Provided Metadata in Electronic Document Must Not Review the Metadata
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Florida Supreme Court Underscores Adherence to Not Permitting Assignment of Legal Malpractice Claims
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New York Appellate Court Reverses Verdict Based on Failure to Disclose Terms of High-Low Agreement to All Parties
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Federal Circuit Court of Appeals Bars Lawyer From Patent Practice Due to Conflicts From Lawyer’s Financial Deal With Invention Promotion Company
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Sixth Circuit Upholds Denial of Extra Time to Appeal Where Attorney Failed to Monitor Electronic Docket
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Indiana Appeals Court Upholds Conflicts Waiver in Simultaneous Representation of Buyer and Seller in Business Transaction
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Eighth Circuit Holds Crime-Fraud Exception to Attorney-Client Privilege Does Not Trump Attorney’s Claim to Opinion Work Product Where the Attorney Was Not Involved in the Client’s Fraud
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Tennessee Appeals Court Concludes Criminal Defendant Client May Bring Legal Malpractice Action Before Seeking or Receiving Post-Conviction Relief
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Illinois Appellate Court Upholds Judgment in Favor of Investment Company Comprised of Partners in Law Firm Who Represented the Defendant-Client in Investment Transactions
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Washington Supreme Court Upholds Dismissal of Legal Malpractice Suit Under “Two Dismissal” Rule
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Oregon Supreme Court Rejects Insurer’s Attempt to Describe Dispute With its Insured as a Dispute Over the Amount Due Rather Than Over Coverage for Purposes of Avoiding the Obligation to Pay the Insured’s Attorney Fees
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Second Circuit Admonishes Arbitration Panel for Manifest Disregard of Law in Attorney Fee Award in Age Discrimination Case
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Second District Court of Appeal Upholds Quantum Meruit Award of Attorney Fees on Reasonable Hour Basis to Firm Against Former Contingency Fee Client
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South Dakota Supreme Court Upholds Conditional Reinstatement of Lawyer’s License and Requires Legal Malpractice Coverage as a Condition for Continued Practice
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ABA Ethics Committee Concludes That Defense Counsel May Contact Putative Class Members Without Permission From Plaintiffs’ Counsel
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Montana Supreme Court Upholds $1.1 Million Compensatory Damages and $9.9 Million Punitive Damages Against Major Law Firm for Malicious Prosecution
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New Jersey Appellate Court Finds Attorney Malpractice Liability Coverage for Work Done By Partner on Firm File After He Left Firm
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U.S. Bankruptcy Court Disqualifies Debtor Counsel From Case Based on Failure to File Disclosure of Conflict and Defers Issue of Disgorgement of Fees
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Florida Supreme Court Suspends Attorney and Orders Fee Disgorgement for Having Secret Engagement Agreement to Prevent Future Litigation With Opposing Party During Settlement Negotiations
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New York Court of Appeals Upholds Law Firm Partnership Agreement Amendment, Adopted By a Majority Vote of the Partnership, Deferring Payments to Withdrawing Partners
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New York Court of Appeals Allows Ex Parte Interview of Opposing Party’s Former Managerial Employee, With Adequate Disclosures and Warnings and Where No Confidential or Privileged Information Disclosed
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District of Columbia Court of Appeals Holds Ethical Duty of Confidentiality Did Not Bar Lawyer from Giving Court-Ordered Deposition Regarding Demand Letter
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Despite Policy Exclusion for Contractual Liability, Pennsylvania Federal Court Finds Coverage Under Professional Liability Policy for Breach of Fiduciary Duty Claim Based on Lawyer’s Sale of His Own Home
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New York County Bar Association Concludes Lawyers May Ethically Have Investigators Use Dissemblance for Cases Involving Civil Rights or Intellectual Property Rights
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Second Circuit Rejects District Court Assertion of Ancillary Jurisdiction Over Attorney Fee Claims by Individual Criminal Defendants Against Their Non-Defendant Former Employer
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Although Voiding Contingent Fee Agreement, California Court Upholds $1.2 Million Award of Reasonable Fees
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Washington Supreme Court Holds That Attorney May Pay a Non-Lawyer Who Had a Contingent Fee With the Attorney’s Clients for Performing Non-Legal Work
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California District Court Orders Firm Disqualified and Rejects Rebuttable Presumption of Vicarious Disqualification Despite Screening Procedures
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New York Courts Finds No Breach of Fiduciary Duty or Improper Disclosure of Client Confidences in Complaint Filed by Attorney Against Former Firm
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New York Court Limits Defendant Law Firm's Duties Based on Retainer Agreement and Dismisses Malpractice Case While Awarding Fees
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California Court Holds That Disqualification Order in One Case Should Be Given Preclusive Effect in Another Case
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Washington Supreme Court Holds Saliva Used by Suspected Murderer to Seal Envelope Not Subject to Attorney- Client Privilege; Fact That Police Posed as Attorneys to Obtain DNA Evidence Held Irrelevant
|
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Iowa Adopts “Entire File” Rule: Client Owns Complete File, Including Attorney Work Product, Subject Only to Narrow Exceptions
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California Court Disqualifies Attorney From Representing Party Adverse to Former Client With Whom Attorney Had Discussed a Substantially Related Transaction
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New York Court Finds Attorney-Client Privilege With Other Counsel on Arguably Related Matters is Waived in Legal Malpractice Claim
|
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Ninth Circuit Holds No Remedy for Taxpayers Under IRS Fee-Shifting Statute Despite Fact that IRS Forced Taxpayers into Litigation
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Second Circuit Clarifies Calculation for Attorney Fee Awards Based in Fee-Shifting Cases Involving Lodestar and Forum Rate Issues
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California Court Finds No Joint Representation or Common Interest Privilege Claim in Lawyer’s Representation of Two Clients on Ostensibly Parallel But Distinct Claims
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Alabama Court Holds Attorney-Client Privilege Waived By Presence of Client’s Daughter During Conference Regarding Property Transfer
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New York Court Holds Firm Must Disgorge Fees Based on Breach of Fiduciary Duty for Disloyalty to Client
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Nevada Court Holds Both Insurer and Insured Were Defense Firm’s Clients and Therefore Disqualifies Firm from Representing Insured in Related Bad Faith Action Against Insurer
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Georgia Court Finds Lawyer Potentially Liable for Not Advising Client of Risk Presented by Unsettled Law
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Second Circuit Clarifies Standards for Attorney Fee Awards in Medicare Class Action Litigation
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Ninth Circuit Holds Attorney-Client Privilege Does Not Prevent IRS Discovery of Identities of Tax Shelter Investors
|
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New Jersey Holds That Lawyers’ Prior Knowledge of Potential Claim at Time of Insurance Application Becomes Matter of Law When Evidence is One-Sided
|
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Montana Court Holds Attorney-Client Confidentiality is not a Defense to Attorney’s Lack of Candor With Court or to Assisting in Client Fraud
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Eighth Circuit Holds Collateral Estoppel Blocks Suit By Class Action Plaintiffs Against Their Attorneys for Breach of Fiduciary Duty Based on Court Approval of Settlement
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California Court Finds No Duty Owed to Reinsurer by Defense Attorney Who Was Hired by the Primary Carrier
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USPTO Proposes Supplemental Rule Changes to Clarify Extent of Federal Preemption of State Regulation of Practice of Law
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DC Ethics Opinion Concludes Lawyer’s Present and Former Roles as Expert Witness Does Not Create Former Client Conflict Despite Substantial Relationship of Matters
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Colorado Ethics Committee Concludes Rules of Professional Conduct Prohibit Lawyers From Participating in Some Forms of Collaborative Law and Explores Related Ethical Pitfalls
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Ninth Circuit Finds Software Company Engaged in Unlawful Practice of Law By Providing Computer Based Service for Preparation of Bankruptcy Forms
|
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Northern California District Court Addresses Privilege and Work Product Issues Relating to Law Firm’s In-House Communications
|
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Georgia Court Finds No Causation in Legal Malpractice Claim Based on Inadequate Witness Presentation, But Finds on Separate Claim That Clients’ Ability to Review and Comprehend Document Was Not Sufficient to Break Malpractice Chain of Causation
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Ninth Circuit Explains Standards for Review of Attorney Fees, Including Opposition to Block Billing and Quarter Hour Minimum Entries
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Ninth Circuit Clarifies Position on Judicial Duties and Burdens of Proof Under the Crime Fraud Exception to Attorney-Client Privilege
|
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Colorado Supreme Court Finds Narrow Duty to Corporate Creditors by Corporate Officer Resulting in Reversal of Aiding and Abetting Breach of Fiduciary Duty Verdict Against Attorneys
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Wisconsin District Court Finds Retired Attorney Not Liable Under Partnership By Estoppel Theory When Client Did Not in Fact Rely on Retired Attorney’s Participation in Firm
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Indiana Court of Appeals Holds Excess Insurer May Not Sue Insured’s Attorneys for Legal Malpractice
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Louisiana Court Finds No Duty to Defend Under Malpractice Coverage for Lawyer Based on Fee Dispute Between Referring Attorneys
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Third Circuit Finds Due Process Rights of Lawyers Violated by Finding of Sanctions Despite Lack of Monetary or Disciplinary Penalty
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San Diego Bar Association Examines Lawyer Duties and Responsibilities When Outsourcing Legal Services
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Seventh Circuit Court of Appeals Sanctions Illinois Attorneys for Unprofessional Conduct During Deposition
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California Court Upholds Binding Arbitration of Fee Dispute Under Retainer Agreement After Client Waives MFAA Rights
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Court Held Trustees of Union Health Fund in ERISA Suit Could Not Offload Blame for Bad Investments Onto Their Attorneys
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New York Court Holds Lawyers Retained By Insurer to Represent Insured May Have Duty to Put Excess Carrier on Timely Notice of Claim
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Florida Supreme Court Finds Intentional Dishonesty Arising From Failure of Oversight of Arguably Dishonest Bookkeeper
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California Appellate Court Finds Excessive Billing is a Violation of Fiduciary Duty
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Iowa Supreme Court Invalidates Provision in Fee Agreement Requiring Client to Inform Attorney of Any Disputes Within 10 Days
|
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Missouri Appellate Court Holds Third Party Payment of Lawyer’s Fees Alone Does Not Give Rise to Attorney-Client Relationship
|
|
Supreme Court of Florida Revises Rules on Attorney Advertising
|
|
New York State Revises Rules Governing Lawyer Advertising
|
|
Oregon Supreme Court Shifts Burden of Proof in Disciplinary Cases
|
|
Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
|
|
Third Circuit Court of Appeals Upholds Fee Disgorgement Claims Against Lawyers Who Failed to Disclose Potential Conflict of Interest to Their Clients
|
|
Supreme Court of Tennessee Holds Standard of Care in Legal Malpractice is Statewide, Not Local
|
|
ABA Concludes Lawyers are Not Prohibited in Reviewing and Using Metadata Stored in Received Electronic Documents
|
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New York Appellate Court Upholds Dismissal of Malpractice Case Based on Client’s Written Affirmation that He Waived Conflict and Read Legal Documents Prepared by His Lawyers
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California Court Rejects Attempt to Depose Opposing Counsel During Wrongful Death Suit
|
|
New Mexico Supreme Court Disciplines Subordinate Attorney for Over-Reliance on Directions From Out-of-State Counsel and Client
|
|
Ohio Appellate Court Rejects Collectability in Underlying Case as Limit on Recovery in Legal Malpractice Action
|
|
District of Columbia Court of Appeals Announces Revisions to its Rules of Professional Conduct That Will Allow Lawyers to Disclose Confidential Client Information to Mitigate or Rectify Past Client Wrongdoing
|
|
Court Upholds Dismissal of Malpractice and Disgorgement Claims
|
|
Court Requires Recusal of Prosecutor in Rape Case Where Facts Were Similar to Those in Her Published Novel
|
|
Washington Supreme Court Applies Ethical Prohibition Against Malpractice Waiver/Release Without Written Notice of Right to Independent Counsel to Situation Involving Only Potential Claims
|
|
Second Circuit Finds Supplemental Jurisdiction to Allow District Court to Dismiss Malpractice Action and Find Attorneys in Class Action Acted Reasonably in not Suing Arthur Andersen in Securities Suit
|
|
ABA Concludes Statements About Settlement Positions in Settlement Negotiations, Including Mediations, are Considered “Puffery” and not False Statements Under the Model Rules
|
|
California Appellate Court Holds No Conflict of Interest in Representation of Two Clients Involved in Separate, Unrelated Dispute with Each Other
|
|
Lawyer’s Failure to Advise of Non-Representation Created Issue of Fact Regarding Continued Representation
|
|
Federal Court Exercises Supplemental Jurisdiction Over Legal Malpractice Case Arising Out of Copyright Dispute
|
|
New Jersey Advisory Opinion Applies Ban on Restrictive Employment Agreements to In-House Attorneys
|
|
Ethics Committee Rejects Attempt to Create Attorney-Client Relationship or Duty of Confidentiality Based Solely on Unsolicited Email to Prospective Attorney
|
|
Bankruptcy Court Denies In-House Attorney-Client Privilege to Enron Based on Evidence of a Fraudulent Scheme
|
|
New York Court Limits Duty to Third Party for Opinion Letter Provided by Attorneys in Sale of Corporate Assets
|
|
Outside Corporate Directors Can Claim the Attorney-Client Privilege With Personal Counsel Paid for by the Company Even if Corporate Affairs are Discussed
|
|
Corporation Waived Attorney-Client Work Privilege and Work Product Doctrine by Voluntarily Releasing Information to Federal Agencies Investigating the Company
|
|
NYC Bar Association Ethics Opinion Approves Overseas Outsourcing for Legal Support Services Subject to Proper Oversight
|
|
Forum Selection Clauses in Retainer Agreement Not Binding When Client Fails to Appear and Seek Enforcement
|
|
Law Firm’s Failure to Close Ostensibly Former Client File Helps Persuade Court to Order Disqualification on Ground that Current Attorney-Client Relationship Existed
|
|
Due Diligence Counsel Not Disqualified From Taking Position Adverse to Issuer of Securities it Previously Investigated
|
|
Claim that Law Firm Employee’s Negligence Assisted Partner in Committing Fraud Was Excluded by Intentional Acts Exclusion in Firm’s Insurance Policy and There Was No Innocent Insured Protection for the Employee
|
|
Fully Informed Clients Can Ratify Unconscionable Fee Agreements, Even During Ongoing Representation
|
|
Ohio Lawyer's Representation Ended When Lawyer So Informed Client, Not When Lawyer Moved to Withdraw
|
|
Minimal Telephone Calls and Correspondence Held Insufficient to Establish Personal Jurisdiction Over Attorney
|
|
Partners Owe a Continuing Duty to Clients Even After a Law Firm Dissolves
|
|
Former Attorney Who Previously Represented Government Agency as Outside Counsel May Represent New Clients in the Same Type of Case Against Agency
|
|
Illinois Supreme Court Holds “Lost” Punitive Damages Not Recoverable as Compensable Damages in Subsequent Legal Malpractice Action
|
|
California Supreme Court Rejects Screening for San Francisco City Attorney
|
|
Federal Circuit Defines the Scope of Privilege and Work Product Waivers When Advice-Of-Counsel Defense is Asserted
|
|
Law Firms Disqualified for Inducing Consultant to Violate Duties of Loyalty and Confidentiality to Former Client
|
|
North Carolina Holds That Attorney Can Report Wrongful Conduct to the SEC Even if Such Action Would Violate State Confidentiality Provisions
|
|
The Aggregate Settlement Rules Really Mean What They Say
|
|
Kentucky Legal Malpractice Law Contains No Blanket Exception from Liability for Errors in Judgment
|
|
Litigation Privilege Broadly Construed to Bar Liability for Civil Rights Action
|
|
Lawyer Who Prevented Client-Executor from Defrauding Parent’s Estate Exonerated
|
|
Prior Attorney-Client Relationship Does Not Transfer in a Sale of Assets
|
|
Plaintiffs Entitled to Spoliation Instruction Against Defendant — Attorney Who Did Not Destroy Evidence But Concealed Dismissal of Underlying Case for Nine Years
|
|
California Lawyers May Ethically Use Overdraft Protection on Trust Accounts as Long as Commingling Does Not Occur
|
|
Simultaneous IP Work for Clients with Competing Technologies Bars Client’s Claim at Trial of Reliance on Legal Opinion Ostensibly Tainted by Conflict
|
|
Electronic Records Are Part of the Client File that Must Be Turned Over to Successor Counsel
|
|
Fee Sharing Agreement Between Former and Successor Counsel is Enforceable Even Though it May Violate Disciplinary Rule Requiring Fees to be Shared in Proportion to Services Rendered
|
|
RPC 4.2, Which Prohibits an Attorney from Communicating with a Represented Party, Applies to an Attorney Appearing Pro Se
|
|
Colorado Supreme Court Holds That Consumer Protection Act Applies to Lawyer Advertising
|
|
Retainer Agreement Failing to Comply with New York Fee Dispute Resolution Program Held Unenforceable; Law Firm’s Fee Arbitration Against Former Client Permanently Stayed
|
|
New ABA Guidelines on Inadvertently Received Materials Based on New ABA Model Rule
|
|
Attorneys Rendering Incorrect Advice on Statute of Limitations Subject to Malpractice Liability Despite Viability of Underlying Action at the Time of Withdrawal
|
|
Court Enforces Partnership Agreement Allowing Law Firm to Collect 25 Percent of Fees Earned by Departing Partner from Former Firm Clients as Damages to the Firm
|
|
Attorney-Client Privilege Waiver Extends to Related Follow-Up Communications but the Presence of a Client’s Insurance Broker May Destroy Privilege
|
|
Florida Allows Assignment of Legal Malpractice Claim When Part of a Broader Transaction
|
|
Law Firm Disqualified from Representing Defendants in Adverse Bankruptcy Proceedings Despite Liquidation Sale of Substantially All Assets and Name Change by Former Client/Plaintiff
|
|
State Bar Licensing Requirements Inapplicable to Practice Before Federal Agencies
|
|
City Police Director's Assertion of Qualified Immunity Defense to Civil Action Based on Advice Received From City Attorney Held Not to Waive City's Attorney-Client Privilege
|
|
Florida Attorneys May Not Use Pit Bull Logo or Words “Pit Bull” in Telephone Number in Advertising
|
|
Liability Insurer and Reinsurer Held Not Entitled to Sue Insured’s Lawyer for Malpractice or Equitable Subrogation Where Insurer Had Failed to Follow Lawyer’s Advice
|
|
No Inherent Conflict of Interest Created by Law Firm’s In-House Consultation About Ethical and Legal Obligations Owed to a Firm Client
|
|
The Crime-Fraud Exception Does Not Extend to All Communications During an Attorney-Client Relationship
|
|
Florida Ethics Rules Prescribes Procedures for Leaving Firms and Dissolving Firms
|
|
Dual Role of Corporate Counsel as Witness and Advocate for Defense on Appeal Supports Reversal of Judgment for Defendant and Remand for New Trial
|
|
Prosecutor Acted in “Bad Faith” by Making Inconsistent But Plausible Factual Contentions in Separate Death Penalty Trials Against Separate Defendants
|
|
“Thrust-upon” Conflicts May or May Not Require Disqualification
|
|
Limited Equitable Excuse of Condition Precedent Saves Attorney’s Coverage Under “Claims Made and Reported” Policy
|
|
Georgia Supreme Court Holds that the Burden of Proving Waiver of Attorney Work Product Protection Lies on Party Asserting the Waiver
|
|
Debt Collectors Strike Back: Attorney Sanctioned for Bringing FDCPA Claim Based on Collection Letters in Compliance with the "Safe Haven" Language
|
|
Second Circuit Adopts “Functional Approach” to In-Firm Conflicts of Interest
|
|
Trial Court May Dismiss Attorney Fee Action if Attorney Fails to Notify Client of Right to Arbitrate but Client May Waive Arbitration
|
|
ABA Ethics Committee Announces Greater Latitude on Future Conflicts Waivers
|
|
A Criminal Defendant has Received Ineffective Assistance of Counsel When His Attorney Fails to Obtain and Review a File from a Prior Conviction on Which the Prosecution Has Said it Will Rely for Proof of Aggravating Circumstances at the Sentencing Phase
|
|
Counsel Have a Duty to Determine if Fees Come From Funds Subject to a District Court Freeze Order and Must Disgorge Fees Received in Violation of That Order
|
|
An Attorney’s Representation of a Taxpayer and Concurrent Work for the Internal Revenue Service as an Expert Witness in an Unrelated Matter Did Not Justify Vacating a Stipulated Judgment on Conflict of Interest Grounds
|
|
Disqualification is Not Always Required by a Concurrent Client Conflict of Interest if the Balance of Hardships Weighs Strongly in Favor of Continued Representation of the Prior of the Two Clients
|
|
Chapter 7 Trustee Lacks Standing to Pursue Malpractice Claims Against Attorneys that Belonged to the Creditors of the Bankrupt Entities and Not the Bankrupt Entities Themselves
|
|
Summary Judgment Premised Upon a Judgmental Immunity Defense is not Proper Merely Because there was a Conflict in Pertinent Law
|
|
Illinois Court of Appeals Holds that Implied-In-Fact Fee Agreement Between Attorney and Deceased Client can be Enforced by Executor of Former Client’s Estate
|
|
California Court of Appeal Imposes Duty on Decedent's Attorney to Protect Caretaker-Beneficiary Under Will from Loss of Inheritance
|
|
Lawyers Must Use Reasonable Care When Transmitting Documents by E-mail to Prevent the Disclosure of Client Confidences or Secrets in "Hidden" Metadata
|
|
20,000 Fiscal Year 2005 H-1Bs Available Starting May 12, 2005
|
|
Ineffective Assistance of Counsel Claim Premised Upon a Conflict of Interest Based Upon a Single Criminal Defense Attorney’s Representation of Father and Son Requires Specific Supporting Evidence and May Not Be Based on Speculation
|
|
Limitations Period for Malpractice Claim Based on Antenuptial Agreement Did Not Begin to Run Until Divorce Court Awarded Property to Spouse that was Supposed to Have Been Protected in the Agreement
|
|
Legal Malpractice Claims Based Upon Attorney Involvement in Private Placement Memoranda Held Assignable
|
|
Recent ABA Ethics Opinions: Lawyers May Help Testator-Clients Disinherit Beneficiary-Clients and May Sue the Insureds of Client-Insurers Without Conflicts Waivers Due to Lack of Direct Adversity
|
|
California Court Refuses to Allow Lawyer to Serve as Class Counsel and Named Plaintiff
|
|
Proof of Actual Innocence Not Required to Establish Legal Malpractice for Allowing Convicted Client to Serve Prison Sentence Longer than Court was Authorized to Impose
|
|
Attorney Client Privilege Applies with “Special Force” to Confidential Conversations Between Public Officials and Their Counsel
|
|
Lawyer’s Liability as a Fiduciary to a Fiduciary
|
|
The Attorney-Client Privilege Survives the Death of a Natural Person but Terminates Upon Closing of the Estate
|
|
A Lawyer Retained to Incorporate a Corporation Generally Represents the Entity to be Incorporated and Not the Incorporator
|
|
Person Convicted of Crime Need Not Prove Actual Innocence When Asserting Contract Claim Against Defense Counsel
|
|
Second Circuit Sets Standards for Private Party Attorney Fee Recovery Under the Hyde Amendment
|
|
Taxable Income to Civil Rights Case Plaintiff Includes Portion of Recovery Paid to Plaintiff’s Counsel as Contingent Fees
|
|
No Statutory Protection Against Libel and Slander Claim Exists When Attorney Makes Comments Not Related to Facts Introduced into Evidence in the Underlying Proceeding
|
|
Ethics Opinion: A Lawyer May Refer a Non-Client to Other Competent Counsel Even if the Non-Client is Adverse to a Client of the Referring Lawyer
|
|
New Jersey Court Holds That An Associate’s Claim of a Discretionary Bonus Raises a Factual Issue for the Jury to Decide
|
|
In California, the Party Seeking Discovery May Have to Pay the Cost of Restoring Electronic Data to Usable Form
|
|
Pre-Merger Agreement Among a Law Firm's Members Violates District of Columbia Rule 5.6(a)
|
|
Attorney-Client Privilege Dissolved in Case Where the Statute of Limitations is Pleaded as a Defense
|
|
Attorney Has an Affirmative Duty to Determine His Client’s Immigration Status - And to Provide Him with Specific Advice Regarding the Impact a Guilty Plea Would Have On It
|
|
Attorney Subject to Legal Malpractice Claim for Breach of the Duty of Loyalty Even if there is No Evidence That Actual Disclosures of Confidential Information Occurred
|
|
Contentious Law Firm "Divorce" Nets Plaintiff $2.5 Million Damage Award
|
|
Accused Patent Infringer’s Invocation of Attorney-Client Privilege Does Not Lead to Inference That Legal Opinion Was Unfavorable
|
|
Illinois Court Holds that Lawyers May Be Liable in Legal Malpractice for Punitive Damages Not Recovered in the Underlying Case
|
|
Attorney Bills Not Automatically Protected from Disclosure by the Attorney-Client Privilege
|
|
Attorney Suspended for 30 Days for Failure to Supervise Associate
|
|
A Law Firm Can Qualify as a “Debt Collector” Under the Fair Debt Collection Practices Act
|
|
In-House Counsel/Whistleblower Authorized to Use Company Secrets in Action Against Company
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Privileges Deemed Waived for Failure to Produce a Privilege Log
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House Counsel Update
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Illinois Adopts Rule Mandating Disclosure of Malpractice Insurance
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Attorney Immune from Liability under Labor Management Relations Act, Section 301(b)
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Attempt to Disqualify KPMG for Allegedly Advising Client to Implement Illegal Tax Strategy Unsuccessful
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Attorney Should Inform Client of Alternative Avenues of Relief
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Oral Charging Liens Held Not Enforceable
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Federal Trade Commission Will Not Enforce Gramm-Leach-Bliley Act Against Attorneys
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Outside Corporate Counsel Not Entitled to Statutory Indemnification
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Malicious Prosecution: Continuing to Prosecute After Learning of Lack of Probable Cause
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Case-Within-a-Case Methodology is Not Always Required
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Lawyer/Defendant Has Burden of Proving Collectibility of the Judgment in the Underlying Case
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Legal Malpractice Plaintiffs' Claims Fail When Unable to Show More Favorable Result "But For" Transactional Malpractice
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Professional Conduct Rule Requiring Written Fee Sharing Agreement and Client Consent Does Not Bar Quantum Meruit Recovery
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Law Firm Not Allowed to Withdraw Despite a Concurrent Representation Conflict
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The “Entity Rule” Applies Retroactively When Individuals Hire Attorneys to Form Corporations
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Multi-Jurisdictional Practice and Unauthorized Practice of Law
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Joint Defense Agreements Do Not Always Protect Communications
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New York Court Holds That an IP Law Firm Representing Clients with Competing Technologies Engages in a Conflict of Interest
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The Attorney-Client Relationship May Not End When You Think It Does
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