In the Boardroom With Resnick and Fuller - Episode 3
In the Boardroom With Resnick and Fuller - Episode 1
The Sanity of Bank Directors
The Insider Trading Cartoon Series, Vol. 13 -- The Barry Switzer Story
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
Variables Affecting Medical PL Settlement Values
Prior & Pending Litigation
Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
Claims: Government Investigations, Enforcement and Triggering Insurance Coverage Under D and O Insurance
The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more
Venue and Retainer Agreements - Price v. Kohn, Swift & Graf, P.C., 24-CV-04720 (JMW), 2024 WL 4528928 (E.D.N.Y. Oct. 18, 2024) - In this case, argued by Nicholas P. Chrysanthem of tour New York City and Long Island offices,...more
The line between ethical witness preparation and unethical coaching is somewhere between ensuring a witness doesn’t show up unprepared for a legal proceeding and putting words in their mouth. Incorporating a solid trial...more
A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more
A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...more
The 2024 Oregon Legislative Assembly enacted SB 1575 (Or Laws 2024, ch 112) amending ORS 30.140 to limit public bodies from imposing certain indemnity obligations on construction professionals. The change applies to public...more
An attorney cannot be liable for failing act outside the scope of the retainer agreement. Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023) - The plaintiff had retained the defendant-attorney for representation in a workers’...more
While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more
The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more
You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL...more
Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
In a win for Wiley’s client, a New Jersey appellate court, applying New Jersey law, affirmed a trial court’s decision rescinding four lawyer’s professional liability policies because of material misrepresentations made in the...more
Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more
My new favorite judge is The Honorable R. David Proctor, chief U.S. district judge for the Northern District of Alabama. I love his Nov. 26, 2024 order granting an Opposed Motion Extension of Time to respond to a complaint....more
If the statistics about high failure rates of lateral partners don’t persuade you, consider another barometer: the stress levels of professional liability insurers. Indeed, lateral hiring tops the list of issues that...more
Physicians and other healthcare providers often find themselves in situations in which they no longer want to care for a patient. It may be that the patient is disruptive, noncompliant, or is unable or refuses to pay for his...more
As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more
In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more
Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more
In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more
Key Insurance Types for Construction - Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these....more
Under a long anticipated Centers for Medicare & Medicaid Services (CMS) final rule that took effect in October, casualty insurers face risks of incurring Civil Money Penalties (CMPs) if they fit the Section 111 definition of...more
The Iowa Court of Appeals has held that a law firm’s clients’ purported assurance that they would not sue the law firm for its omission in representing them did not obviate the firm’s obligation to notify its claims-made...more