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American Bar Association


Arbitration of Attorney Malpractice Claims

By Joshua E. Liebman and Alexander L. Berg

An overview of some of the positive and negative aspects.

Attorney Ethics in the Age of Social Media

By Saleel V. Sabnis

The ABA's decision not to expressly address social media has left attorneys little national guidance.

Enforcement of Arbitration Clauses Against Non-Signatories

By Edward A. Marod and Darlene Barron

The federal courts have recognized at least six bases for enforcing an arbitration agreement against a non-signatory.

Tips for Representing Clients Before a State Licensing Board or Regulatory Agency

By Phillip A. Cole

Representing professionals in disciplinary matters is an administrative law practice.

Update on Cybersecurity Issues

By Tracey K. Ledbetter

Recent cases highlight the dangers of ignoring cybersecurity in the boardroom.

Handling Harmful or Deficient Rule 30(b)(6) Deposition Testimony

By George Denegre and Carey L. Menasco

To what extent is it binding, and what can you do about it?

Omnicare Addresses Liability for Expressions of Opinion under Section 11

By Patricia A. Gorham and Samuel J. Casey

The decision creates an ambiguous and potentially shifting landscape.

P.F. Chang's Cyber Breach Raises CGL Coverage Concerns

By Michael Luongo

The Travelers lawsuit makes clear that consumer general liability policies alone may not provide coverage for cyber incidents.

Ethical Issues Implicated by Lawyers' Use of Third-Party Cloud Services

By Amelia Toy Rudolph

Proceed with caution when entering the cloud.

Taking Preventive Care to Avoid Legal-Malpractice Suits

By Saleel V. Sabnis

Recognize malpractice risk and implement prevention procedures.

An Introduction to Auditor Independence Rules

By Amelia Toy Rudolph

A basic orientation to the sources and framework of the rules.

Illinois Appeals Court Reinterprets Aspects of Accountant-Client Privilege

By Dana S. Douglas and Thomas P. Evans

The court rejected a line of federal cases that generally have been considered authoritative on the matter.

Seven Lessons for Litigating Your First Case Through Trial

By Michael Luongo

Universal lessons to help you to manage your case and obtain a favorable verdict.

Protecting Against Cyber-Attacks

By Matthew J. Hafey and Allen G. Haroutounian

How a law firm can defend itself from liability for cyber-security breaches.

Home Is Where the Office Is: Ethical Implications of the Virtual Office

By Seth L. Laver and Jessica L. Wuebker

While technology changes, the rules of ethics remain firm.

Practical Implications of the Dodd-Frank Whistleblower Program

By Dana S. Douglas and Kathleen M. Przywara

What the SEC's new approach to enforcement means for accounting and auditing firms.

Chinese Accounting-Firm Units Suspended from Auditing U.S.-Listed Companies

By Sarah Scott Peters

A recent SEC ruling is likely to affect ongoing and future cooperation efforts between U.S. and Chinese securities regulators.

Practice Tips: The "Settle and Sue" Legal-Malpractice Case

By Saleel V. Sabnis

When clients are feeling classic buyer's remorse.

Users of LinkedIn, Beware!

By Karen Painter Randall and Steven A. Kroll

Attorneys need to understand the state ethics rules governing lawyer social media before implementing a LinkedIn page.

Miranda v. Said: No Need to Get "Emotional"

By Saleel V. Sabnis

The recent Iowa Supreme Court ruling permitting emotional-distress damages in a legal-malpractice case is closer to the exception and not the new rule.

Drafting an Enforceable Limitation-of-Liability Provision

By Joshua D. Maggard

Five things to consider to avoid invalidation of a professional-services contract.

PCAOB Proposes New Auditing Standards to Expand Reporting Obligations

By Amelia Toy Rudolph

The board proposed new standards that, if adopted, would expand the nature and scope of disclosures in the auditor?s report on financial statements.

PCAOB and SEC Alter Audit Landscape for Broker-Dealers

By Gabriel A. Mendel, Sarah S. Peters, Gregory S. Amoroso, and Mac Knox

The lingering consequences of Sarbanes-Oxley, Dodd-Frank, and the Bernie Madoff scandal continue to reverberate in both the accounting profession and the broker-dealer industry.

SEC Discusses New Task Force and Changes to Settlement Policy

By Elissa Preheim and Bret Finkelstein

The SEC's new Financial Reporting and Audit Task Force will use analytical tools to identify and incubate cases in six focus areas, resulting in more fraud investigations.

"Related Acts" Language in Professional Liability Policies

By Kenneth L. Baker and Carl J. Pernicone

Insurers and policyholders should determine at the earliest stage whether the relevant jurisdiction has ruled that the phrase "related to" is ambiguous.

Section 11 and Auditors' "Opinion" Statements

By Dana S. Douglas and Michael Rowe

A plaintiff's inability to plead both objective and subjective falsity may bar many claims under section 11 of the Securities Act against outside auditors.

Gunn v. Minton: Supreme Court Removes Federal Court Welcome Mat

By Ray Pinkham

The Court holds there is no federal question jurisdiction over patent-related legal-malpractice claims.

Gunn v. Minton: The End of Legal-Malpractice Actions in Federal Court?

By Justin J. Fields and Allison Lane Cooper

The Supreme Court's recent clarification of the contours of "arising under" jurisdiction may signal a shift in federalism.

Common Discovery Disputes in Accountant-Liability Litigation

By George J. Coleman

An overview of common arguments for and against the production of certain categories of documents.

Business Interests Outside Law Practice May Preclude Duty to Defend

By Anthony Corleto and Samuel Reich

The business enterprise exclusion in lawyers' professional liability policies may absolve the carrier of both its duty to defend and its duty to indemnify.

A Dangerous New Twist in the Tripartite Relationship

By Karen Painter Randall

The litigation privilege may not protect an attorney from malpractice claims when he or she reveals potentially damaging information about the client to the liability carrier.

The Impact of Insolvent, Bankrupt, or Defunct Insureds

By Wendy J. Keenan

Payment of deductibles or self-insured retentions is the most significant financial implication for a professional-liability insurer when its insured cannot meet obligations under the policy.

A Meaningful Rule 30(b)(6) Deposition Is Not Always Possible

By George Denegre and Carey L. Menasco

Courts may restrict the ability to take such a deposition when the entity being deposed does not have, and has never had, personal knowledge of the information requested.

Second Circuit Limits Use of Post-Disclosure Share Price Recovery

By Tammy P. Bieber and Sarah Mendola

The court rejected the holdings of every district court to decide this securities fraud class action question.

Defending Audit-Malpractice Cases: The Audit-Interference Rule

By James H. Bicks and Robert S. Hoff

The rule may restrict the type of client conduct that counts for purposes of apportioning fault.

Damages: You Can't Always Get What You Want

By James A. Brown and Erin L. Delatte

Recent case developments prove the vitality of the familiar principle that malpractice plaintiffs may recover what is needed to make them whole, but nothing more.

Key 2011 Decisions in Shareholder Derivative Litigation

By Scott B. Schreiber, Kavita Kumar Puri, and Robert Alexander Schwartz

Courts last year generally reaffirmed well-established corporate-governance principles protecting directors and officers.

Criticism and Self-Criticism: Law and Compliance in a Revolutionary Time

By John H. Walsh

Regulated entities seeking recognition of their proper conduct should expect to receive criticism and be ready to engage in self-criticism.

Ethical and Liability Risks Posed by Lawyers' Use of Social Media

By Merri A. Baldwin

The increasing use of social media to grow legal practices has led to concerns about ethical violations and liability.

New York Reaffirms the Vitality of In Pari Delicto

By Kenneth Y. Turnbull and J. Emmett Murphy

Third parties may be able to assert a fraud claim free from imputation-based defenses, but they may not recover in negligence against those professionals.

Class Certification Requirements in 10b-5 Cases

By Scott B. Schreiber, Kavita Kumar Puri, and Robert Alexander Schwartz

What does it take to certify a securities fraud class? Three circuits have varying views on the prudential and equitable concerns invoked by securities fraud class certifications.

What Makes Securities Class Actions with Accounting Allegations Different?

By Elaine Harwood, Adoria Lim, and Laura Simmons

Accounting allegations affect both the likelihood of dismissal and amounts paid in settlements.

Constitutional Developments in Lawyer Advertising in 2010

By Erin L. Delatte

Lawyer advertising developments in 2010 focused on the constitutionality of restrictions on lawyer advertising under the First Amendment.

GAAP: The Effect of the Codification on Accountant and Auditor Liability Cases

By Tim Lucas, Elaine Harwood, and Ryan Miller

The Codification is changing the way we research and refer to GAAP in accountant and auditor liability cases.

The "I Am Not Your Lawyer" Case

By James A. Brown and Carey L. Menasco

When an attorney-client relationship is inferred, there is almost always an attendant issue of conflict of interest.

Causation and Case-Within-the-Case Developments in 2010

By Erin L. Delatte

Recent cases support the widespread use of the case-within-the-case method to attack proximate cause.

Social Media Research: The New Reality for Trial Attorneys

By Christine Martin

There are serious risks and liabilities associated with the Internet and social media, particularly for legal professionals and their clients.

Litigation 101: Preparation and Defense of Your Deposition Witness

By Amy E. Davis

The four Ps for witness preparation will ensure you and your witness will make the best impression at deposition.

Supreme Court Invalidates For-Cause Removal of Public Company Accounting Oversight Board Members

By Jeffrey C. Sharer, David S. Petron, and Tacy F. Flint

The Supreme Court recently rejected provisions of the Sarbanes-Oxley Act of 2002 that restrict the authority of the SEC to remove PCAOB members.

The Second Circuit Rejects Loss Causation Based on Innuendo and Rhetoric

By Scott B. Schreiber and Robert A. Schwartz

The U.S. Court of Appeals recently held that fraud claims did not proximately cause losses that were triggered by negative news coverage of related facts.

Preserve Evidence Early: Litigation Holds Support Claims Of Work Product

By Breana Smith

Attorneys should consider a holistic approach to preparation rather than one that views pre-litigation and discovery as unrelated.

Court Resolves Circuit Split on Standard for Investment Adviser Fees

By Scott B. Schreiber and John Freedman

The Supreme Court resolves the circuit split regarding the standard for challenges to investment adviser fees under the Investment Company Act.

Supreme Court 2009-2010: Professional Liability Cases

By Thomas W. Curvin and Tracey K. Ledbetter

A number of cases on the Supreme Court’s docket this term address issues related to the regulation of attorneys, accountants, and other professionals.

Liability for Secondary Actors

By Hille R. Sheppard and Brian D. Rubens

Since 1994, private plaintiffs have been barred from bringing securities fraud claims under Section 10(b) and Rule 10b-5 (or aiding and abetting claims) against defendants who did not make, author, adopt, or have attributed to them a false or misleading statement.

Tougher PCAOB Enforcement Agenda Ahead

By Richard J. Morvillo and Jeffrey F. Robertson

Even as the Supreme Court heard argument concerning the constitutionality of the PCAOB, the board's plan and budget was approved by the SEC.

Proposed Investor Protection Act Could Clarify Reach of U.S. Securities Laws

By Stewart D. Aaron and Lauren R. Bittman

Congressman Paul Kanjorski, a subcommittee chair on the House Financial Services Committee, introduced the Investor Protection Act of 2009.

SEC Publishes News Policy on Cooperation in Its Investigations

By James A. Meyers

The SEC has published its Policy Statement Concerning Cooperation by Individuals in Its Investigations and Related Enforcement Actions.

Parmalat Judge: Fraud by Former Executives of Bankrupt Company Bars Trustee's Claims Against Auditors

By Michael Rugen and Corban Rhodes

Supreme Court Addresses Standard for Challenges to Investment Advisor Fees

By Scott Schreiber and John Freedman

The State of the Attorney-Client Privilege in the Workplace

By Victoria Taylor and Bingham McCutchen

Supreme Court Hears Challenge to Sarbanes-Oxley Act of 2002

By James A. Meyers and Meredith Moss

Decision in Free Enterprise Fund v. PCAOB could impact proposals to overhaul regulation of the capital markets.

Supreme Court to Address Constitutionality of Public Company Accounting Oversight Board

By Jeffrey C. Sharer and Tacy F. Flint

Policyholder Claims Against Insurance Adjusters

By David S. Wilck

Avoiding Bad Faith Battles in Professional Liability Actions

By Steven T. Joseph

Protecting Law Firms Against Liability Exposures

By Dan L. Goldwasser

Potential Liability of Environmental Professionals

By Charles W. Miller III

Computer Malpractice Actions: Are They The Wave of The Future?

By Gretchen L. Jankowski

Exploring Malpractice Actions Against Computer Consultants

By Gretchen L. Jankowski

Judgemental or Litigational Immunity as A Defense to Legal Malpractice Claims

By Jim Rinaman

Legal Malpractice by Insurance Defense Counsel: Who Can Be Sued, Who Can Sue, and for What

By David A. Grossbaum