Risk Management Feed

Pleading and Proving a Fraud Cause of Action - Case Update 2019:

Pleading and Proving a Fraud Cause of Action - Case Update 2019: Epiphany Community Nursery School v. Hugh W. Levey, et.al The recent New York Appellate Division, First Department, decision of Epiphany Community Nursery School v. Hugh W. Levey, et.al, 2019 NY Slip Op 00842 (1st Dept. 2019) sheds light... Read more →


Beware of the Cyber Security Risks Created By Your Own Staff

It was 2:32 a.m. in January 2019 at EQT’s headquarters. A senior level employee who was slated for a layoff the next day, entered the premises and connected his company-issued laptop to a private network, transferring confidential trade secrets to his personal Google drive. In addition, he removed a portable... Read more →


Finding the Way Forward with a Missing Client

Clients expect their attorneys to be available. A law firm that ignores client emails or phone calls will not be a law firm for long. Even in an age when most firms measure their response times in minutes, inattentiveness and inadequate communication are among the most common allegations in disciplinary... Read more →


Limited Scope Representation: The Importance of Drafting Detailed Retainer Agreements

Since the cost of “full service” representation is cost-prohibitive for many, it is not uncommon for clients to retain an attorney to perform designated legal services. In the corporate world, it is also not uncommon for corporate clients to divide legal representation into discrete tasks and to retain different lawyers... Read more →


Appellate Court Decision Illustrates Special Importance of "Proximate Cause" in Legal Malpractice Actions, and Creating a Record of a Client's Assent to Important Decisions

It is “black-letter law” in New York that the four elements a plaintiff must plead and prove to succeed on a legal malpractice claim are: (1) the existence of an attorney-client relationship; (2) negligence on the part of the attorney or some other conduct in breach of that relationship; (3)... Read more →