Risk Management Feed

Are Fraud and Legal Malpractice Claims Duplicative? NY Court Grants Motion To Dismiss Legal Malpractice Suit When Fraud Was Also Alleged*

It is well-settled that in order to adequately plead legal malpractice the complaint must allege negligence, but-for-causation and ascertainable damages1. These allegations must be supported with factual assertions. Bare legal conclusions devoid of factual specificity will not suffice. Yet under CPLR § 3211, the pleading standard is broad and lenient.... Read more →

Quick Tip - How Subpoena Assistance Can Benefit Your Law Firm

Subpoenas serve a very important function in the litigation process, but the wrong response when served can result in serious consequences. Responding to a subpoena in a proper, adequate, and prompt way is extremely important, but not always easy. Although the receipt of a subpoena is typically an infrequent event,... Read more →

Under [Cybersecurity] Pressure: Law Firms are Feeling the Pressure to Employ Effective Cybersecurity Measures

To say that much has been written about data breaches over the past several years would be to state the obvious. Every industry, sector, business size, and geographical location has in some way been impacted by data breaches and the increasing need for better and more effective cybersecurity and data... Read more →

Invoking the Continuous Representation Toll for Legal Malpractice Claims – Two Recent New York Decisions and Pennsylvania Comparison

One of the most effective and often-litigated defenses to professional malpractice cases is the expiration of the statute of limitations. Under New York law, a legal malpractice claim accrues – and the three year statute of limitations begins to run - on the date the alleged malpractice was committed. See... Read more →

Judiciary Law § 487 Claims in 2018 are on the Rise, and Why It Should Matter to You and Your Firm (Treble Damages)*

Over the past ten years, it has become easier for legal malpractice plaintiffs to seek punitive damages against their attorney(s) via New York’s Judiciary Law § 487. As forecasted in August 20171, and as evidenced in the Second Department’s recent Betz v. Blatt decision issued in April 2018, the threshold... Read more →