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Channel: Colleen M. Murphy – Professional Liability Matters
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Hollywood Heist Leads to Cyber Liability Suit

The fact pattern sounds like it was ripped from the pages of a Hollywood screenplay.  Two criminals back a trailer to a pharmaceutical warehouse and cut a hole in the ceiling of the facility.  They...

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Emotional Distress Damages in Professional Malpractice Matters

Many aspects of litigation involve high levels of emotion when reputations, resources, pride, and goals are on the line.  Nonetheless, it is highly unusual for an attorney to be subject to mental...

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Out of State Advice Leads to Out of State Liability

Professionals may be exposed to liability outside of their “home” state. For those professionals that provide interstate advice, they may be subject to the jurisdiction and laws of any state in which...

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Does Bitcoin Make Cents? Evaluating New Payment Options For Your Firm

Recently, a New York law firm made news when it announced that it would begin accepting Bitcoin as payment. The firm will partner with a Bitcoin payment processing company who will host the firm’s...

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Don’t Judge a Client by its Cover

Clients come in all shapes and styles, backgrounds and personalities. Some are needy; they are less knowledgeable and require handholding, they have a litany of questions and need more attention....

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Ain’t Nothin’ But A “G”ift Thing – Ethics of Accepting Client Gifts

Rapper Dr. Dre recently made headlines when he gifted each member of his legal team a holiday “bonus,” in sums of $10,000 and up.  While undoubtedly very generous, is such a grand gesture from a client...

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Attorneys: Don’t Hack Your Adversaries’ Files

Professionals look for ways to gain an edge over their competition.  Taking extra time to prepare, investigate claims, and anticipate an adversary’s strategy can often mean the difference between...

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Affidavit of Merit Failures: Chose Your Expert Wisely

In many states a litigant cannot proceed with a professional liability lawsuit without an appropriate affidavit of merit.  As our handy table shows, each state has its own rules as to AOM requirements...

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In Pari Delicto Not Enough to Save an Accountant

In the face of corporate fraud and deceit, it is not uncommon for the defrauded entity to turn on its professionals. The inevitable issue becomes who is responsible for overseeing the enterprise: the...

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Liability for Lax Data Security

Clients entrust professionals with personal information.  As such, professionals have an ethical duty not to disclose confidential information in a manner not permitted by the client.  However, in...

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