Recent Decisions & Summaries – Professional Liability Issues

The following link(s) includes recent decisions and summaries of litigation involving professional liability issues.  Click here to stay current –

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Before proceeding, please note that these resources are meant to provide information and suggestions of interest to the legal profession. This site is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

• “Suit Within a Suit” Requires Full Jury Instructions and Lost Punitive Damages Are Not Part of Legal Malpractice Recovery

Osborne v. Keeney, ___ S.W.3d ___, 2012 WL 6634129 (Ky. Dec. 20, 2012)

• Absolute Privilege as a Defense is Limited by Florida Supreme Court

DelMonico v. Traynor, ___ So. 3d ___, 2013 WL 535451 (Fla. 2013)

• Accrual Date for Two-Year Statute of Limitations in Legal Malpractice Action Began When Plaintiff Received Notice of Deficiency From IRS

Steinmetz v Wolgamot and Acton & Synder LLP, 2013 WL 4068459 (Ill.App. 1st Dist. 2013)

• Actual Innocence Required for Legal Malpractice Claim Arising Out of Representation in Criminal Case

Herrera-Corral v. Hyman, — N.E.2d —-, 2011 WL 1227821 (Ill.App. 1 Dist.,2011).

• Advance Waivers and Sufficiency of Disclosure to a “Sophisticated Client”

Galderma Laboratories, L.P. v. Actavis Mid Atlantic LLC (N.D. Tex. Feb. 21, 2013)

• Advance Waivers of Conflicts of Interest — Disclosure Requirements

McKesson Information Solutions, Inc. v. Duane Morris, LLP, Fulton Cnty. (Ga.) Super. Ct. Civ. No. 2006CV121110. (The decision may be found at http://law.gsu.edu/ccunningham/PR/McKesson.htm).

• Advance Waivers of Conflicts of Interest and Adequacy of Disclosure

Brigham Young University v. Pfizer, Inc., 2010 WL 3855347 (D. Utah Sept. 29, 2010)

• Advising and Assisting Clients in the Medical or Recreational Marijuana Industry

Rhode Island Ethics Advisory Panel Op. 2017-01

• Agreement to Settle for a “Standard Release” Not Enforceable

Lawrence v. Hutchinson, 204 P.3d 532, (Idaho App.2009)

• Alleged Fiduciary Duty Breach Duplicative of Negligence Claim

Pippen v. Pederson & Houpt, 213 Ill.App. 111371, 2013 WL 702507 (Ill. App. 1st Dist. 2013)

• Ambiguous Engagement Agreement Expose Lawyers to Malpractice Claims by Non-Client

Exeter Law Group LLP v Wong, 2016 NY Slip Op 32425(U), 12/9/ 2016, Supreme Court, New York County

• Anti-SLAPP Statute in California Applies to Communications in Anticipation of Litigation

Karnazes v. Ares, 2016 WL 323719 (Cal. App. Jan. 27, 2016)

• Assignment of Proceeds of Legal Malpractice Action to Former Adversary Violated Public Policy

Davis v. Scott, __ S.W.3d __, 2009 WL 367219 (Ky.App.2009)

• Attorney Cannot Agree to Arbitrate Without Client Consent

D & D Carpentry, Inc. v. U.S. Bancorp, Slip Copy, Case No. 2009AP1264, 2010 WL 3389885 (Wis. App. 2010)

• Attorney Has No General Duty to Disclose Client’s Intent to File for Bankruptcy

McNally v. Rey, 275 Va. 475, 659 S.E.2d 279 (2008)

• Attorney Immunity Doctrine Bars Suit by Non-Client

Highland Capital Management, LP v. Looper Reed & McGraw, P.C., 2016 WL 164528 (Tex. App. Jan. 14, 2016)

• Attorney May Be Held Liable for Aiding & Abetting a Fiduciary’s Breach of Duty

Hefferman v. Bass, ___ F.3d ___ (7th Cir. 2006), 2006 WL 2973677 (Ill.)

• Attorney Not Liable for Assisting Client in Fiduciary Breach

Reynolds v. Schrock, ___ Or. ___, ___ P.3d ___, 2006 WL 2578330 (Or., 2006).

• Attorney Sanctioned for Misstating Opponent’s Position

Hamilton v. Boise Cascade Exp., 519 F.3d 1197 (10th Cir. 2008)

• Attorney Who Failed to Challenge Uncertainty in the Law Not Entitled to Dismissal

L.D.G. Inc. v. Robinson, 290 P.3d 215 (Ala. 2012)

• Attorney Who Signed Settlement Agreement Not Liable for Its Breach

RSUI Indemnity Company v. Bacon, ___N.W.2d___, 2011 WL 4502296 (Neb. 2011)

• Attorney-Client “Strict Privity Rule” Upheld by Colorado Supreme Court

Baker v. Wood, Ris & Hames, Professional Corporation, 364 P. 3d 872 (January 16, 2016)

• Attorney-Client Privilege – Inadvertent Disclosure – Waiver

Carbis Walker, LLP v. Hill, Barth and King, LLC, 930 A.2d 573 (Pa. Super. Ct. 2007)

• Attorney-client privilege between law firm attorneys and its general counsel

Palmer v. Superior Court, 231 Cal. App. 4th 1214 (2014)

• Attorney-Client Privilege May Be Waived By Disclosure To Financing Company

Leader Technologies, Inc. v. Facebook, Inc., 2010 WL 2545960 (D. Del. June 24, 2010)

• Attorney-Client Privilege Not Applicable to Multiple Clients in Same Matter

Anten v Superior Court, 233 Cal. App. 4th 1254 (2015)

• Attorney-Client Privilege Unavailable to House Counsel Acting in a Business Capacity

In re Vioxx Prods. Liab. Lit., 501 F.Supp.2d 789 (E.D. La. 2007)

• Attorney-Fault Rule in California Results in Vacating of Dismissal of Legal Malpractice Action

Younessi v. Woolf, 244 Cal.App.4th 1137, 198 Cal.Rptr.3d 763 (2016)

• Attorney’s Admission of Error and Insurer’s Duty to Defend Legal Malpractice Action

Illinois State Bar Ass’n Mut. Ins. Co. v. Frank M. Greenfield and Associates, P.C., 2012 IL App (1st) 110337, ___ N.E.2d ___, 2012 WL 5471875

• Attorneys Allowed to Break Privilege Following Client’s Filing of Declarations Blaming Discovery Errors on Attorneys

Qualcomm Inc. v. Broadcom Corp., Slip Copy, 2008 WL 638108 (S.D.Cal. 2008)

• Attorneys Owe Duty to Next of Kin in Wrongful Death Action

Estate of Powell ex rel. Harris v. John C. Wunsch, P.C., 2013 IL App (1st) 121854, ___ N.E.2d ___, 2013 WL 1290610 (2013)

• Awards of Fees in Pro Bono Civil Rights Cases

Arbor Hill Concerned Citizens Neighborhood Ass’n v. County of Albany and Albany County Bd. of Elections, 522 F.3d 182 (2d Cir. 2008)

• Bank Entitled to Recover From Attorney’s Client Trust Account Amount of Counterfeit Check

Dixon, Laukitis, & Downing, P.C. v. Busey Bank, 2013 IL App (3d) 120832 (3rd Dist., 2013)

• Bankruptcy Court Retained Jurisdiction Over Sale of Legal Malpractice Cause of Action

In re: Stokes: Duncan v. Stokes, 2013 WL 492477 (Bkrtcy. D. Mont. 2013)

• Because of Narrow Duty to Corporate Creditors by Corporate Officer, Attorneys Did Not Aid and Abet Breach of Fiduciary Duty

Hugh Alexander, et al. v. Glen Anstine, a U.S. Bankruptcy Trustee for Builders Home Warranty, Inc.___P.3d___, 2007 WL 509741 (Col. Sup. Ct. 2007)

• Breach of Attorney’s Fiduciary Duty to Client May Be Waived

Band v. Libby, ___ So. 3d ___ , 38 Fla. L. Weekly D1121, 2013 WL 2230271 (Fla. 2nd DCA 2013)

• Breach of Fiduciary Duty Claim Dismissed as Duplicative

Pippen v. Pedersen and Houpt, — N.E.2d —-, 2013 IL App (1st) 111371, 2013 WL 702507 (Ill.App. 1 Dist.2013)

• California Federal Court Allows Screening of Conflicted Lawyer

Openwave Systems, Inc. v. Myriad France S.A.S., Slip Copy, 2011 WL 1225978 (N.D. Cal. 2011)

• California Federal Court Holds Buyer and Seller Protected by Common Interest Privilege

Morvil Technology, LLC v. Ablation Frontiers, Inc., Slip Copy, 2012 WL 760603 (S.D. Cal. 2012)

• Claim Seeking Recovery of Excessive Estate Taxes Did Not Survive Death of Client

Jeanes v. Bank of America, 2013 WL 856385 (Kan. 2013)

• Client Can Sue for Legal Malpractice for Failure to Bring Claim for Libel Per Se

Joyce v. Thompson Wigdor & Gilly LLP, not reported in F.Supp.2d, 2008 WL 2329227 (S.D.N.Y. 2008)

• Client’s Use of Employer-Provided E-mail

North Carolina 2012 Formal Ethics Opinion 5 (Oct. 26, 2012)

• Cloud Computing Permitted by Florida Bar when Precautions Are Taken

The Florida Professional Ethics Committee, Proposed Advisory Opinion 12-3 (Jan. 25, 2013)

• Collateral Estoppel Defense to Malpractice Claim Rejected and Derivative Claims Addressed

Stevens v. McGuireWoods LLP, 2014 IL App (1st) 133952-U

• Collectability of Underlying Judgment Must Be Established by Plaintiff in Legal Malpractice Case

Schmidt v. Coogan, 287 P.3d 681 (Wash. App. 2012)

• Communications between Former Client and Successor Counsel Deemed Waived

Lyon Financial Services, Inc. v. Vogler Law Firm, P.C., Slip Copy, 2011 WL 3880948 (S.D.Ill.2011)

• Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, 9 Cal.App.5th 833 (2017)

• Confidentiality and Law Firm Consultations with In-House Counsel

ABA Comm. on Ethics and Professional Responsibility, Formal Op. 453 (2008)

• Confidentiality Must be Preserved in Responding to Ineffective Assistance of Counsel Claims

American Bar Association Formal Opinion 10-456 (July 14, 2010)

• Conflicts of Interest Arising from Law Firm’s Prior Work Product in the Same or a Related Matter

In re SONICblue Inc., Not Reported in B.R., 2007 WL 926871 (Bkrtcy N.D. Cal.)(March 26, 2007)

• Conflicts of Interest between Current Clients in Unrelated Matters

Oakland Police & Fire Retirement System, v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017)

• Conflicts of Interest Waiver for Joint Representation

Foltz v. Columbia Casualty Company, 2016 WL 4734687 (W.D. Ok. 2016)

• Conflicts of Interest When a Law Firm Is Retained to Represent a Group of Entities Whose Individual Identities Are Unknown at the Time of the Engagement

In Re: SRC Holding Corporation a/k/a Miller & Schroeder, Inc., Debtor Adversary Action: Bremer Business Finance Corporation v. Dorsey & Whitney LLP, 352 B.R. 103 (Bkrtcy.D.Minn.,2006)

• Conflicts-Checking Systems

New York State Bar Association Committee on Professional Ethics Opinion 1085 (2/16/2016)

• Continuous Representation Rule Does Not Apply Merely Because Attorney Remains Counsel of Record

Moonlight Enterprise, LLC v. Mroz, 2017 WL 1237947 (Va. March 30, 2017)

• Contributory Negligence of Plaintiff in Failing to Read Leases Precludes Malpractice Claim

Marion Partners, LLC v. Weatherspoon & Voltz, LLP, 716 S.E.2d 29 (N.C. 2011)

• Convertible Hybrid Fee Agreement Violates Alaska Law When Conversion is Triggered By Client’s Decision to Settle

Compton v. Kittleson, 171 P.3d 172 (Alaska, 2007)

• Corporation Waived Attorney-Client Work Privilege and Work Product Doctrine by Voluntarily Releasing Information to Federal Agencies Investigating the Company

In Re Quest Communications International, Inc., 450 F. 3rd, 1179 (10th Cir. 2006)

• Court Cuts Firm’s Rate for Travel Time

In re Babcock & Wilcox Co., 526 F.3d 824 (5th Cir. 2008)

• Court Holds Selective Waiver Generally Not Allowed in Surrender of Work Product to the Government

In re Initial Public Offering Secur. Litig. , Slip Copy , 2008 WL 400933 (S.D.N.Y. Feb. 14, 2008)

• Court Holds That In-House Counsel’s Inadequate Electronic Record Preservation Justifies Full Forensic Search of Corporate Founder’s Laptop

Treppel v. Biovail Corp., 249 F.R.D. 111 (S.D.N.Y. 2008)

• Court of Appeals Upholds Fee Disgorgement Claims Against Lawyers Who Failed to Disclose Potential Conflict of Interest to Their Clients

Huber v. Taylor, 469 F.3d 67 (3rd Cir 2006)

• Court Sanctions Lawyer for Client Misconduct At Deposition

GMAC Bank v. HTFC Corp., 248 F.R.D. 182 (E.D. Pa. 2008)

• Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct

Catton v. Defense Technology Systems, Inc., Slip Copy, 2007 WL 3406928 (S.D.N.Y. 2007)

• Criminal Defense Counsel May Be Sued for Failure to Challenge Victim’s Credibility

Arnold v Devane, 123 A.D.3d 1202, 998 N.Y.S.2d 509 (N.Y. 2014)

• C. Bar Association Concludes Lawyer Must Not Review Metadata Knowing that an Adversary Inadvertently Provided Electronic Document Containing Metadata

D.C. Bar Association Ethics Opinion 341 (2007)

• C. Bar Clarifies Boundaries for Disclosure of Client Confidences by Discharged In-House Counsel

D.C. Bar Association Legal Ethics Committee, Ethics Opinion 363

• C. Circuit Clarifies Scope of Work-Product Protection

U.S. v. Deloitte LLP and Dow Chemical Co., 09-5171 (D.C. Cir. June 29, 2010)

• Damages Awarded Against Law Firm for Malicious Prosecution

Seltzer v. Morton, 154 P.3d 561 (Mt. Sup. Ct. 2007)

• Defendants Failed to Meet Burden to Show That Citizens Participation Act Warranted Dismissal of Plaintiff’s Claim

John Garrido v. John Arena, 2013 IL APP (1st) 120466, 2013 WL 3048629 (2013)

• Defendants Must Act Quickly to Protect Seized Documents

U.S. v. Ary, 518 F.3d 775 (10th Cir. 2008)

• Delaware Court Exercises Jurisdiction Over Corporation’s Outside Counsel from Another State

Sample v. Morgan, 935 A.2d 1046 (Del.Ch. 2007)

• Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required

Grimm v. Fox, 303 Conn. 322, ___ A.3d ___ (2012)

• Destruction of Client Files Authorized by Bankruptcy Court

In re Howrey LLP, No. 11-31376 (Bankr. N.D. Cal. March 2, 2012) see also (Trustee’s motion)

• Disclosing the identity of a client for purposes of marketing

Wisconsin Formal Ethics Opinion EF-17-02

• Disclosure to Client Required When a Law Firm Discovers a Potential Error, Regardless of the Law Firm’s Opinion As to Whether the Client Will Be Damaged

In Re: SRC Holding Corporation a/k/a Miller & Schroeder, Inc., Debtor Adversary Action: Bremer Business Finance Corporation v. Dorsey & Whitney LLP, 352 B.R. 103 (Bkrtcy.D.Minn.,2006)

• Disqualification based on Conflicts of Interest Involving Prospective Clients

Kidd v. Kidd, 219 So. 3d 1021 (Fla. Dist. Ct. App. 2017)

• Disqualification for Former Client Conflict and “Substantially Related Matters”

City of Atlantic City v. Trupos, 201 N.J. 447, 992 A.2d 762 (2010)

• Disqualification for Use of Inadvertently Disclosed Privileged Information

McDermott Will & Emery LLP v. The Superior Court, 10 Cal. App. 5th 1083 (2017)

• Disqualification is Based on Successors’ Acquisition of Control, not Continuation of the Same Business

Goodrich v. Goodrich, 960 A.2d 1275 (N.H., 2008)

• Disqualification Not Mandatory when an Attorney Switches Sides in a Pending Case but Stays at the New Law Firm Only for a Brief Time

California Self-Insurers’ Security Fund v. The Superior Court of Orange County, Activcare Living, Real Parties in Interest, California Court of Appeals Fourth Appellate District, Division Three, Case Number G054981 (01-26-2018)

• Disqualification Under Concurrent Representation Rule Warranted because of “Open-Ended Nature” of Engagement Agreement

M’Guinness v. Johnson, 2015 WL 9583486 (Cal. App. Dec. 30, 2015)

• 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

District of Columbia Rule of Professional Conduct 1.6(d)

• Document and File Retention Obligations With Respect to Missing Clients

Nebraska Ethics Advisory Opinion for Lawyers, No. 12-07

• Duty of Candor and Reliance on Client

McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939 (9th Cir. 2011)

• Duty of Partners and Supervisory Lawyers When a Lawyer in the Firm Suffers From Significant Impairment

Virginia Legal Ethics Opinion 1886 (December 15, 2016)

• Duty to Advise Clients of Risks of Loss of Confidentiality and Privilege from Use of Employer Provided Technology

American Bar Association Formal Opinion 11-459

• Duty to Advise Clients of Risks of Loss of Confidentiality and Privilege from Use of Internet

American Bar Association Formal Opinion 11-459

• Duty to Advise Clients of Risks of Loss of Confidentiality and Privilege from Use of Internet

Lenz v. Universal Music Corp., 2010 WL 4789099 (N.D. Cal. 2010)

• E-Mail to In-House Counsel: Attorney-Client Privilege and Work Product Doctrine

Retail Brand Alliance, Inc. v. Factory Mutual Insurance Co., Slip Copy, 2008 WL 622810 2008 U.S. Dist. LEXIS 17746 (S.D.N.Y. Mar. 7, 2008).

• Electronic Storage of Client Information and Preserving Client Confidences

New York State Bar Ethics Opinion 842 (Sept. 10, 2010), and District of Columbia Bar Legal Ethics Committee Opinion No. 357

• End of Representation May Depend on Client’s Reasonable Expectation

Hipple v. McFadden, — P.3d —-, 2011 WL 1653194 (Wash.App. Div. 2, 2011)

• Engagement Agreement in Representing Executrix Creates Unintended Duty

Estate of Albanese v. Lolio, 393 N.J. Super. 355, 923 A.2d 325 (2007)

• Engagement Letter Can Limit the Scope of Attorney’s Duties

SCB Diversified Municipal Portfolio v. Crews & Associates, 2012 WL 13708 (E.D. La. Jan. 4, 2012)

• Engagement Letter is enforcible even if not countersigned

Asesores Y Consejeros Aconsec CIA S.A. dba Coronel Y Perez Abogados v. Global Emerging Markets North America, 08 CIV. 9384 (MGC) (S.D.N.Y. 2012)

• Ethical Screening Must Be Timely

Signature MD, Inc. v. MDVIP, Inc., Case No. CV 14-5453 (C.D. Cal. Jan. 20, 2015)

• Excess and Umbrella Insurers Are Allowed to Bring Equitable Subrogation Claim Against Law Firm in Illinois

Ace American Insurance Co. v. Sandburg Phoenix & Von Gontard, P.C., U.S. Dist Court, S.Dist. Ill.

• Excess Carrier May Sue Attorneys Retained by Primary Carrier for Equitable Subrogation, But Not Legal Malpractice

Great American E&S Insurance Company v. Quintairos, Prieto, Wood & Boyer, P.A., 100 So. 3d 420 (Miss.2012)

• Failure to Close Ostensibly Former Client File Results in Disqualification on Ground that Current Attorney-Client Relationship Existed

Jones v. Rabanco, Slip Copy, 2006 WL 2237708 (W.D.Wash. 2006)

• Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims

Colonial Freight Systems, Inc. v. Adams & Reese LLP, 2012 WL 1570103 (E.D. La.)

• Failure to Disclose Expert by Plaintiff Is Fatal to Legal Malpractice Claim

Rosemann v. Sigillito, ___ F.3d ___, 2015 WL 1963634 (8th Cir. 2015)

• Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer’s Duty

Spencer v. Barber, 2013 WL 1339667 (N.M. 2013)

• FDCPA Does Not Apply to Misleading Communications Directed at Judge

O’Rourke v. Palisades Acquisition XVI, LLC, ___ F.3d ___, 2011 WL 905815 (7th Cir. Mar. 17, 2011)

• Federal Circuit Court of Appeals Bars Lawyer From Patent Practice Due to Conflicts From Lawyer’s Financial Deal With Invention Promotion Company

Bender v. Dudas, Dir. Patent and Trademark Office, 490 F.3d 1361, (C.A.Fed. 2007)

• Federal Circuit Holds That Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Claim Arising out of Patent Prosecution

Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLP, ___ F.3d ___ , 2012 WL 1382855 (Fed. Cir. 2012)

• Federal Circuit Upholds Advance Conflict Waiver in Joint Defense Agreement

In re Shared Memory Graphics LLC, ___ F.3d ___, 2011 WL 4390020 (Fed. Cir. 2011)

• Federal Judge Sets Aside Magistrate’s Controversial Corporate Attorney-Client Privilege Ruling

Gucci America, Inc. v. Guess?, Inc., No. 09 Civ. 4373, 2011 WL 9375 (S.D.N.Y. Jan. 3, 2011)

• Fee Splitting Agreements Not Compliant with Requirements of Rules of Professional Conduct

Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504

• Fiduciary Duty Exception to Attorney-Client Privilege Rejected

Garvy v. Seyfarth Shaw LLP, 2012 WL 695426 (Ill.App. 1 Dist. 2012)

• Fiduciary exception to the attorney-client privilege for an attorney’s consultation with in-firm counsel

Loop AI Labs, Inc. v. Gatti, No. 15cv00798HSG (DMR), 2016 BL 53774 (N.D. Cal. Feb. 24, 2016)

• Firm’s Agreement with Opposing Party Creates Unconsentable Conflict

Johnson v. Nextel Communications, Inc.,___ F.3d ___, 2011 WL 4436263 (2d Cir. 2011)

• Former Shareholders of Corporate Client Lack Standing to Assert Malpractice Claim

Stevens v. McGuireWoods LLP, 2015 IL 118652

• Framework Retainer Agreement Does Not Perpetually Bind Law Firm for Purposes of Current Client Conflicts

Banning Ranch Conservancy v. Superior Court, 193 Cal.App.4th 903 (Cal.App. 4 Dist. March 22, 2011)

• Future Conflict Waiver Allowed Representation Adverse to Former Client

GEM Holdco, LLC v. Changing World Technologies, L.P., 46 Misc. 3d 1207(A), 7 N.Y.S.3d 242 (Sup. Ct. New York County, Jan. 9, 2015), aff’d, 2015 WL 4112529 (1st Dep’t 2015)

• Ghostwriting Permitted to be Undisclosed by Second Circuit

In re Liu, ___ F.3d ___, 2011 WL 5839658 (2d Cir. 2011) (per curiam)

• Guilty Plea Does Not Protect Lawyer Providing Advice Before Criminal Acts

Winstock v. Galasso, 430 N.J. Super. 391, 64 A.3d 1012 (2013)

• Illinois Supreme Court Clarifies Requirements for Referral Fee Agreements

Ferris v. Esposito, 2017 IL 121297 (May 18, 2017)

• Implied Attorney-Client Relationship Not Found by Federal Court in New York

Makhoul v. Watt, Tieder, Hoffar & Fitzgerald, LLP, 2015 WL 5158477 (E.D.N.Y. September 2, 2015)

• In-Firm Communications Not Protected Where Conflict Exists Between Firm and Its Client

Thelen Reid & Priest LLP v. Marland, 2007 WL 578989 (N.D. Cal.) (February 21, 2007)

• Inadequate Efforts to Preserve Electronic Discovery

Treppel v. Biovail Corp., ___ F.Supp.2d ___, 2008 WL 866594 (S.D.N.Y. Apr. 2, 2008)

Inadvertent Waiver of Attorney Client Privilege and F.R.E. 502

Rhoads v. Building Materials Corp. of America, 2008 WL 4916026 (E.D. Pa. Nov.14, 2008).

• Indiana Court Rejects Legal Malpractice Claim By Insurer Against Insured’s Defense Attorney

Querrey & Harrow, LTD v Transcontinental Insurance Company, — N.E.2d —-, 2007 WL 505791 (Ind.App., 2007)

• Insurer Can Sue Insured’s Attorney for Malpractice

Kumar v. American Transit Ins. Co., 49 A.D.3d 1353, 854 N.Y.S.2d 274 (N.Y. App. Div. 4 Dept. 2008)

• Insurer May Sue Cumis Counsel in California

Hartford Cas. Ins. Co. v. J.R. Marketing, L.L.C., 61 Cal.4th 988, 2015 WL 4716917 (2015)

• Internal Communications within a Law Firm are not Discoverable Absent Showing Relevancy

In re Refco Securities Litigation, ___ F.Supp.2d ___, 2011 WL 497441 (S.D.N.Y.2011)

• Intra-Firm Communications Regarding Potential Malpractice Are Privileged Under Certain Circumstances

Hunter, MacLean, Exley & Dunn v. St. Simons Waterfront, LLC, ___ S.E.2d ___, 2012 WL 2866299 (Ga. App. July 13, 2012)

• Iowa Supreme Court Invalidates Provision in Fee Agreement Requiring Client to Inform Attorney of Any Disputes Within 10 Days

Iowa Supreme Court Attorney Disciplinary Bd. v. Powell, 726 N.W.2d 397 (Iowa,2007)

• Judgment against Law Firm, Including Punitive Damages, Affirmed

Young v. Becker & Poliakoff, P.A., ___ So. 3d ___, 2012 WL 1859108 (Fla. App. 4th Dist.)

• Judgment Against Plaintiff’s Attorney for Allegedly Failing to Convey Settlement Offer Affirmed

First National Bank v. Lowrey,___Ill. App. 3d.___, ___N.E.2d___(1st Dist. 2007), No. 1-05-3686

• Judgmental Immunity (“Error-in-Judgment” Rule) and Collectability

Shevlin Smith v. Bruce W. McLaughlin, 769 S.E.2d 7, 2015 WL 798716 (Va. 2015)

• Judgmental Immunity Or “Error In Judgment” Rule Prevails In Minnesota

Noske v. Friedberg, et al., 713 N.W.2d 866 (Minn. 2006).

• Judgmental Immunity Protects Law Firm from $20 Million Error

Biomet Inc. v. Finnegan Henderson LLP, 967 A.2d 662, (D.C.2009)

• Jurisdiction Over Ohio Lawyer Found by Minnesota District Court

Western Thrift and Loan Corp. v. Rucci, 2012 WL 1021681 (D. Minn. 2012)

• Jurisdiction/Patent Litigation

Air Measurement Technologies, Inc. v. Akin Gump Strauss Hauer & Feld, LLP, 504 F.3d 1262 (Fed. Cir. 2007)

• Law Firm Could Compel Arbitration of Claims Despite Being Nonparties to Arbitration Agreement

Lash & Goldberg LLP v. Clarke, 88 So.3d 426 (Fla.App. 4 Dist., 2012)

• Law Firm Not Liable For Unforeseeable Consequences of Discovery Violation

TIG Insurance Co. v. Giffin Winning Cohen & Bodewes, P.C., ___ F.3d ___, 2006 WL 890763 (7th Cir.2006).

• Law Firm Violated FDCPA Relying on Client Information; Committed Malicious Prosecution by Not Acting on Client Information

McCollough v. Johnson, Rodenburg & Lauinger, LLC, — F.3d —-, 2011 WL 746892 (9th Cir. 2011)

• Law firm’s communications with in-house and outside counsel are protected by privilege

Garvy v. Seyfarth Shaw LLP, —N.E.2d—, 2012 Ill. App. (1st) 110,115

• Law Firm’s Retainer Fee Is Fair Game In Collection Proceedings

Dowling v. Chicago Options Associates, Inc., 365 Ill.App.3d 89, 847 N.E.2d 821 (1st Dist. 2006).

• Law Firm’s Efforts at “Claims Repair” Violated Fiduciary

In Re: SRC Holding Corporation a/k/a Miller & Schroeder, Inc., Debtor Adversary Action: Bremer Business Finance Corporation v. Dorsey & Whitney LLP, 352 B.R. 103 (Bkrtcy.D.Minn.,2006)

• Law Firm’s Error Did Not Cause Client’s Claimed Damages

Kaminsky v. Herrick, Feinstein LLP, 870 N.Y.S.2d 1 (App. Div. 2008)

• Lawyer Avoids Malpractice Liability by Expressly Limiting Scope of Representation

Flatow v. Ingalls, 932 N.E.2d 726 (Ind. App., 2010)

• Lawyer for Corporation Generally Owes No Duty to its Officers and Directors

Reddick v. Suits, — N.E.2d —-, 2011 IL App (2d) 100, 480, 2011 WL 5438420 (Ill.App. 2 Dist.2011)

• Lawyer Suspended for Settlement of a Client’s Malpractice Claim or Potential Claim

In re Greenlee, P.3d 2006 WL 2852751 (Wash, 2006), en banc.

• Lawyer’s Failure to Report a Potential Claim Results in No Coverage

Pelagatti v. Minnesota Lawyers Mut. Ins. Co., 2013 WL 3213796 (E.D. Pa.)

• Lawyer’s Receipt of Confidential Information Deliberately (and Not Inadvertently) Provided

In Re: Joel B. Eisenstein, 2016 SC 95331 (Mo.2016)

• Lawyers May Influence Their Clients’ Communications with Represented Parties

ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion No. 11-461 (2011)

• Lawyers’ Statutory Liability to Third Parties under the Fair Labor Standards Act

Arias v. Raimondo, No. 15-16120, 9th Cir. (2017)

• Legal Expert Cannot Opine on Merits of Underlying Medical Malpractice Case

Labair v. Carey, 2012 MT 312 (Dec. 27, 2012)

• Legal Malpractice Claim Barred by Six-Year Statute of Repose, and Fraudulent Concealment Claim Barred by Collateral Estoppel

Prospect Development, LLC, et al v. Donald Kreger and Schiff Hardin, 2016 IL App (1st) 150433

• Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction

St. Luke’s Magic Valley Regional Medical Center v. Luciani, 2013 WL 275974 (Idaho)

• Legal Malpractice Claims for Inadequate Settlement

Guido v. Duane Morris LLP, 202 N.J. 79, 995 A.2d 844 (N.J. 2010)

• Liability Coverage for Work Done by Partner on Firm File After He Left Firm

Jolley, v. Marquess, 393 N.J.Super. 255, 923 A.2d 264 (N.J. Super. A.D., 2007)

• Liability for Malpractice May Extend beyond Actual Client

Meriturn Partners, LLC v. Banner and Witcoff, Ltd., 2015 WL 1955384 (Ill. App. 1 Dist.)

• Litigation Privilege Bars Claim By Non-Clients Based on Attorney’s Conduct

Joseph M. O’Callaghan v. Satherlie, (2015 IL App (1st) 142152, ___ N.E.3d ___ (2015)

• Litigation Privilege Does Not Shield Attorney and Client Who Make Allegedly Defamatory Statements to News Reporters

Helena Chemical Company v. Uribe, ___ P.3d___ (N.M. Ct. App. Mar. 30, 2011)(Review accepted by New Mexico Supreme Court)

• Loss of Patent Is Sufficient Actionable Damages Without Showing Infringement of the Technology

AccuWeb, Inc. v. Foley & Lardner, 746 N.W.2d 447 (Wis., 2008)

• Malpractice Claim allowed for failure of solo attorney to have back-up

Specht v. U.S., 2015 WL 74539 (S.D.Ohio, January 6, 2015)

• Malpractice claim excluded from coverage because of financial interest in client

American Guarantee and Liability Insurance Company v. Flangas Mcmillan Law Group, Inc., et al., 2012 WL 628511 (D. Nev.)

• Mediation Confidentiality Limited by Oregon Supreme Court

Alfieri v. Solomon, ___ P.3d ___, Case No. S062520, 2015 WL 8539065 (Or. 2015)

• Mediation Confidentiality Precludes Inferences of Malpractice

Amis v. Greenberg Traurig LLP, ___ Cal.Rptr.3d ___, 2015 WL 1245902 (Cal.App.2 Dist. 2015)

• Mediators Permitted to Draft Divorce Settlement Agreements With Appropriate Party Consent

ABA Standing Committee on Mediator Ethical Guidance, Mediator’s Duty of Care in Drafting Agreements, Op. SODR2010-1 (2010)

• Minimal Telephone Calls and Correspondence Held Insufficient to Establish Personal Jurisdiction Over Attorney

Bond v Messerman, 162 Md.App. 93, 873 A.2d 417 (2005)

• Multijurisdiction Practice and Compliance With Local Ethics Rules

Forbes v. St. Martin, et al., 2013 WL 791847 (Miss. App. 2013)

• New Jersey Supreme Court Elaborates on Meaning of “Substantially Related Matters” Under Former-Client Conflicts Rule

City of Atlantic City v. Trupos, 201 N.J. 447, 992 A.2d 762 (2010)

• New York Court Holds Absent Class Members Not Entitled to Attorney’s Files

Wyly v. Milberg Weiss Bershad & Schulman, LLP, 850 N.Y.S.2d 14 (N.Y.A.D. 1 Dept.), 2007 N.Y. Slip Op. 10506

• New York Court Limits Duty to Third Party for Opinion Letter Provided by Attorneys in Sale of Corporate Assets

Mega Group, Inc. v. Pechenik & Curro, P.C., 819 N.Y.S. 2d 796 (2006)

• New York District Court Holds That Lawsuit Under Oregon Blue Sky Laws May Proceed Against New York Law Firm for Aiding and Abetting Securities Fraud

Houston v. Seward & Kissel, LLP, Slip Copy, 2008 WL 818745 (S.D.N.Y. 2008)

• New York High Court Declines to Broaden Liability of Third-Party Professionals for Client Fraud

Kirschner v. KPMG LLP, ___ N.E.2d ___, 2010 WL 4116609 (N.Y. 2010)

• Ninth Circuit Adopts Two New Attorney-Client Privilege Standards for Corporate Counsel

U.S. v. Graf, 610 F.3d 1148 (9th Cir., 2010)

• Ninth Circuit Holds Lawyer Has Duty to Investigate Source of Legal Fees to Avoid Constructive Trust

F.T.C. v. Network Services Depot, Inc., 617 F.3d 1127 (9th Cir. 2010)

• Ninth Circuit Holds That Law Firm Must Pay Former Co-Counsel Despite Firm’s Claimed Lack of Profit on Case as a Whole

Brown & Bain, P.A. v. O’Quinn, 518 F.3d 1037 (9th Cir. 2008)

• Ninth Circuit Rejects Attorney-Client Privilege and Work Product Protection for Tax Appraisal File

U.S. v. Richey, 632 F.3d 559 (C.A.9, 2011)

• Ninth Circuit Reverses Sanctions for Failure to Consider Willfulness, Fault or Bad Faith

R & R Sails, Inc. v. Insurance Company of the State of Pennsylvania, ___ F.3d ___, 2012 WL 933830 (9th Cir. 2012)

• No Implied Attorney-Client Relationship Found by Federal Court in New York

Makhoul v. Watt, Tieder, Hoffar & Fitzgerald, LLP, 2015 WL 5158477 (E.D.N.Y. September 2, 2015)

• No Legal Malpractice Claim for Clients Who Should Have Looked at Attorney’s Work

McGuire v. Mosley Rogers Title Co., L.L.C., 997 So.2d 23 (La. App. 2008)

• No Liability for Failure to Make a Better Argument to Persuade the Trial Court

Thibodeaux v. Braud & Gallagher, L.L.C., ___ So.3d ___, 2013 WL 375572 (La.App. 4 Cir. 2013)

• No Privilege for In-House Counsel Communications in Europe’s High Court

Akzo Nobel Chemicals and Akcros Chemicals v. Commission, Case C-550/07 P (2010)

• No Standing for Allegedly Omitted Beneficiary

Chang v. Lederman, — Cal.Rptr.3d —-, 2009 WL 659145 (Cal.App. 2 Dist.2009)

• Non-Reliance Clause in Settlement Agreement Precluded Client from Establishing Justifiable Reliance

Schrager v. Bailey, 2012 IL App (1st) 111943, 2012 WL 2106217

• Ohio Court of Appeals Affirms Parol Evidence Rule As Applied to Engagement Letters for Attorneys

Katz, Teller, Brant & Hild LPA v. Farra, Slip Copy, 2011 WL 1591286 (Ohio App. 2 Dist.)

• Ohio Supreme Court Recognizes Self-Protection Exception to Attorney-Client Privilege

Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., ___ N.E.2d ___, 2010 WL 3812910 (2010)

• Oregon Bar Issues Formal Opinion on Ethics Issues Arising in Mentoring Relationships and Use of LISTSERVs

Oregon Formal Opinion No. 2011-184 (March 2011)

• Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client

Forbes v St. Martin, et al., — So. 3d —-, 2013 WL 791847 (Miss. App.)

• Outside Corporate Directors Can Claim the Attorney-Client Privilege With Personal Counsel Paid for by the Company Even if Corporate Affairs are Discussed

Ex parte Smith, So.2d , 2006 WL 1304943 (Ala., 2006)

• Paralegal’s Mistake Costs Lender a $1.5 Billion Security Interest

In re Motors Liquidation Co., ___ F.3d ___, 2015 WL 252318 (2d Cir. 2015)

• Parol Evidence of Capped Fee Not Allowed When Inconsistent with Engagement Letter

David J. Sacks, P.C. v. Haden, __ S.W.3d __, 2008 WL 2702184 (Tex. 2008) (subject to revision or withdrawal)

• Pennsylvania Court Prohibits Commercial Assignments of Legal Malpractice Claims

Frank v. TeWinkle, 45 A.3d 434, 2012 WL 1851008 (Pa.Super.), 2012 PA Super 104

• Personal Profit Exclusion is Basis for Denying Coverage in Claim Against Law Firm

Westport Ins. Co. v. Hanft & Knight P.C., 523 F.Supp.2d 444 (M.D.Pa., 2007)

• Plaintiff Failed to Establish Collectability of Underlying Judgment

Schmidt v. Coogan, 287 P.3d 681 (Wash. App. 2012)

• Plaintiff Who Cannot Afford Arbitration Allowed to File Malpractice Action

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016)

• Plaintiff’s Burden of Proof on Personal Jurisdiction Depends in Part on Stage and Nature of Court Proceedings

Walk Haydel & Associates Inc. v. Coastal Power Production Co., 517 F.3d 235 (5th Cir. 2008)

• Prosecutors’ Use of Undercover Informant Armed With False Subpoena Does Not Violate No-Contact Rule

U.S. v. Carona, ___ F.3d ___, 2011 WL 32581 (9th Cir. 2011)

• Protecting Client Funds from Scams and Fraud

Bile v. RPEMC, 2016 WL 4487864 (E.D. Va., Aug. 24, 2016)

• Punitive Damages From Underlying Case Not Recoverable in Legal Malpractice Case

Tri-G, Inc. v. Burke, Bosselman & Weaver, 222 Ill.2d 218, 856 N.E.2d 389 (Ill.,2006)

• Reasonableness of Attorneys’ Fees Does Not Require Expert Testimony

Schwartz v. Bloch, ___ So.3d ___, 2012 WL 1108408 (Fla. App. 4th Dist. 2012)

• Receipt of confidential information from a third party might result in disqualification

Merits Incentives, LLC, et al. v. Eighth Judicial District Court of the State of Nevada, et al., 262 P.3d 720 (Nev. 2011)

• Referring Attorney Cannot Recover Fees from Receiving Attorney without a Fee-Sharing Agreement Signed by Client,

Naughton v. Pfaff, 2016 IL.App (2nd) 150360

• Reliance on Client’s Version of Facts

Crowe v. Tweten, E058311, slip. op., Cal. Ct. App. 4th Dist. (Dec. 29, 2014)

• Removal Of State Law Malpractice Claim Improper Although Defenses To Claim Were Based On Federal Law

Jon Riley Hays v. Bryan Cave LLP, et al., WL , ___ F.3d ___ (7th Cir. 2006) No. 05-2154.

• Reporting of Legal Malpractice Claim to Insurer and Detail Required

Illinois State Bar Ass’n Mut. Ins. Co. v. Beeler Law, P.C., 2015 IL App (1st), 140790-U, 2015 WL 1407310 (Ill. Ct. App. Mar. 25, 2015)

• Sanctions Affirmed Against Law Firm Entity Under Section 1927

Enmon v. Prospect Capital Corporation, 675 F.3d 138 (2d Cir. 2012)

• Sanctions Reversed for Failure to Consider Willfulness, Fault or Bad Faith

R & R Sails, Inc. v. Insurance Company of the State of Pennsylvania, ___ F.3d ___, 2012 WL 933830 (9th Cir. 2012)

• Scope of Engagement and Duty to Provide Advice on Transactional (Business) Risks

Peterson v. Katten Muchin Rosenman LLP, 792 F.3d 789 (7th Cir. 2015)

• Second Circuit Adopts Factors for Assessing Corporate Affiliate Conflict of Interest

GSI Commerce Solutions, Inc. v. BabyCenter, LLC, ___ F.3d___, 2010 WL 3239436 (2d Cir. 2010)

• Selective Waiver of Attorney-Client Privilege Rejected

In re Pacific Pictures Corp., ___ F.3d ___, 2012 WL 1293534 (9th Cir. 2012)

• Settlement of Underlying Case Does Not Necessarily Preclude Malpractice Action

Brassette v. Exnicios, ___ S.3d ___, 2012 WL 1714137 (La. App. 2012)

• Sex Discrimination Claim Subject to Arbitration Under Partnership Agreement

Panepucci v. Honigman Miller Schwartz and Cohn LLP, 2008 WL 2467979 (6th Cir 2008)

• Showing of Actual Innocence Required to Pursue Malpractice Claim Against Criminal Defense Counsel

Fink v. Banks, 2013 IL App (1st) 122177 (Ill.App., 1st Dist., Sept. 11, 2013)

• Standing of Excess Insurer To Sue Defense Counsel Upheld

Great American E & S Ins. Co. v. Quintairos, Prieto, Wood & Boyer, P.A., ___ So.3d ___, 2012 WL 266858 (Miss. 2012)

• Statute of Repose Tolled During Plaintiff’s Minority and By Attorney’s Alleged Fraudulent Concealment

DeLuna v. Burciaga, 223 Ill.2d 49, 857 N.E.2d 229 (Ill.,2006)

• Supreme Court Holds That Sixth Amendment Right to Counsel May Be Satisfied When Lawyer Participates Via Speakerphone

Wright v. Van Patten, 128 S.Ct. 743 (2008)

• Text Messages May Be Discoverable

Flagg v.City of Detroit, 252 F.R.D. 346 (E.D. Mich. Aug. 22, 2008).

• Third Circuit Applies Stoneridge, Denies Class Certification to Securities Fraud Claims Against Law Firm

In re DVI Securities Litigation, ___F.3d ___, 2011 WL 1125926 (3d Cir. 2011)

• Third Circuit Finds Due Process Rights of Lawyers Violated by Finding of Sanctions Despite Lack of Monetary or Disciplinary Penalty

Bowers v. The National Collegiate Athletic Association, 475 F.3d 524 (3rd Cir. 2007)

• Threatening Professional Discipline When Communicating with Adversaries

Iowa Ethics Opinion 14-02 (Oct. 24, 2014)

• Time-Barred Legal Malpractice Action and Fraudulent Concealment Claim Rejected

Carlson v. Fish, 2015 IL App (1st) 140526, ___ N.E.2d ___ (2013)

• Two Aspects of New York’s Attorney Advertising Rule Held Unconstitutional

Hayes v. State of N.Y. Atty. Grievance Committee, 10-1587- cv (2d Cir., Mar. 5, 2012)

• S. Supreme Court Insulates Advisers, Including Lawyers, From Rule 10b-5 Liability for Statements Made by Companies

Janus Capital Group, Inc. v. First Derivative Traders, 524 U.S. —- (June 13, 2011)

• S. Supreme Court Narrows Federal Jurisdiction for Malpractice Actions Arising Out of Federal Patent Issues

Gunn v. Minton, ___ U.S. ___, ___ S.Ct. ___, 2013 WL 610193 (February 20, 2013)

• Unforeseeable Injury from Error Supports Dismissal of Legal Malpractice Claim

Kumaraperu v. Feldsted, 2015 WL 337761 (Cal. App. May 26, 2015)

• Use of Arbitration Clauses in Retainer Agreements Upheld

Hodges v. Reasonover, ___ So. 3d ___, 2012 WL 2529403 (La. 2012)

• Use of Confidential Information to Address Negative Client On-Line Reviews of Lawyers’ Services

New York State Bar Association Committee on Professional Ethics Opinion 1032, Responding to a former client’s critical commentary on a website (October 30, 2014). Pennsylvania Bar Assoc. Formal Op. 2014-300, Ethical Obligations for Attorneys Using Social Media, 2014.

• Use of Information from Anonymous Source Does Not Result in Disqualification

Merits Incentives, LLC v. The Eighth Judicial District Court of the State of Nevada, ___ P.3d ___, 2011 WL 4634159 (2011)

• Waiver of a future conflict of interest Requires Disclosure

Grovick Props., LLC v. 83-10 Astoria Boulevard, LLC, 2014 NY Slip Op 05627 (App. Div., 2d Dep’t. Aug. 6, 2014)

• Waiver of Conflict by Lack of Diligence in Seeking Disqualification

State of Minnesota, et al v. 3M Company, (Hennepin County, MN, Court File No. 27-CV-10-28862, Feb. 5, 2016)

• Warning Signs Should Have Led Sanctioned Attorneys to Inquire Into Adequacy of Client’s Discovery Production

Qualcomm Inc. v. Broadcom Corp., slip copy, 2008 WL 66932 (S.D.Cal. 2008)

• Websites Are Subject to Ethical Restrictions

ABA Standing Committee on Ethics and Professional Responsibility, Formal Op. 10-457 (August 2010)

• Withdrawal for Nonpayment of Fees

Sanford v. Maid-Rite Corp., 816 F.3d 546 (8th Cir. 2016)

• Work Product Protection Applies to Plaintiff’s Testing Data in Patent Dispute

Kimberly Clark Worldwide, Inc. v. First Quality Baby Products, LLC, 2010 WL 4537002 (M.D. Pa. 2010)

• Work-product doctrine where the withheld information concerns a significant fact issue in dispute

Cahaly v. Benistar Property Exchange Trust Company, Inc., 85 Mass. App. Ct. 418 (2014)