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Negative Impacts of Social Distancing and Shelter in Place on the Elderly in the Context of Their Safety: Tough Decisions That Must Be Made

March 26, 2020

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For many families, the COVID-19 pandemic will present ethical and moral dilemmas relative to the health, safety and well-being of our elderly parents and grandparents, made more vulnerable because of chronic medical conditions and weakened immune systems.…

Professional Liability Advocate

Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine

By Bonnie Ackerman

April 16, 2019

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With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases their potential medical practice liability risks. Approximately 90% of health care organizations use or plan to implement telehealth platforms. In states permitting telehealth, 95% of large employers offered telehealth to employees for minor, non-urgent services in 2018.…

Professional Liability Advocate

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

By Bonnie Ackerman

November 6, 2018

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Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong. Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof. The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by…

Professional Liability Advocate

Ding Dong the Arbitration Ban Is Dead!

By Lori R. Semlies

June 20, 2017

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I vividly recall attending the Bronx Bar Association Dinner last fall when it was announced that the Centers for Medicare & Medicaid Services (CMS) would ban pre-dispute arbitration provisions in nursing home admission agreements as of November 28, 2016. This news was relayed to me by a Bronx Supreme Court judge who had denied my very first motion to compel arbitration under such a provision. That denial ultimately was reversed on appeal.…

Professional Liability Advocate

Nice Attorneys Sometimes Finish Last

By Kara Thorvaldsen

March 9, 2017

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Attorneys are accustomed to being called “ambulance chasers” or “sharks,” always interested in increasing their fees. Even if a lawyer reduces a bill for an unhappy client, that conduct may backfire if the client isn’t satisfied with the reduction. The attorney cannot later renege on the gratuitous fee discount or reduction, no matter what the reason. In a March 3, 2017, ruling, the Massachusetts Appeals Court − the commonwealth’s intermediate appellate court − held that…

Professional Liability Advocate

Accountants M&A Alert: New AICPA Guidance on Transfer of Client Files

By Peter J. Larkin

October 27, 2016

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If you are selling or acquiring an accounting practice, you need to read the AICPA’s new guidance “Transfer of Files and Return of Client Records in Sale, Transfer, Discontinuance or Acquisition of a Practice,” which clarifies the obligations of the selling and the acquiring parties and explains how to deal with clients that do not respond to the notification of the transaction.…

Professional Liability Advocate

Is This the End of Arbitration in Nursing Home Litigation?

By Lori R. Semlies

October 4, 2016

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As anticipated, the Centers for Medicare & Medicaid Services (CMS) has released new regulations addressing the use of arbitration agreements in nursing home admission agreements applicable to facilities that participate in Medicaid and Medicare programs. However, the scope has far exceeded what was expected. The proposed regulations only sought to ban mandatory arbitration agreements as a condition of admission. The actual regulations prohibit “pre-dispute” arbitration agreements instead.…

Professional Liability Advocate

Deloitte’s $500 Million Sentence

By Peter J. Larkin & Rebecca R. Gelozin

September 16, 2016

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We have assisted many accounting firms in the creation or revision of their client engagement letters. They very often question the need to include certain provisions intended to limit their liability to their clients and sometimes ask whether the provision is even enforceable. Whether the provision will be enforced is uncertain due to the very limited case law addressing liability-limiting provisions in accountants’ client engagement letters, and there could be variations in enforcement from state…

Professional Liability Advocate

The Punishing Effect of Rule 11

By William F. McDevitt

July 7, 2016

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Federal courts correct bad litigation behavior, eventually. People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger and frustration always lead to the same questions: Can we sanction them for lying? Can I get my fees (or my insurance deductible) back? Won’t the court do something?…

Professional Liability Advocate

What Attorneys Can Learn from History’s Largest Data Breach

By William F. McDevitt

June 21, 2016

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On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the International Consortium of Investigative Journalists (ICIJ), and that the information would be used to publish potentially damaging stories. In addition, authorities across the globe, from Japan to Switzerland to the United States, are reviewing the documents and investigating potential tax…

Professional Liability Advocate

Blog Authors

Negative Impacts of Social Distancing and Shelter in Place on the Elderly in the Context of Their Safety: Tough Decisions That Must Be Made

Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

Ding Dong the Arbitration Ban Is Dead!

Nice Attorneys Sometimes Finish Last

Accountants M&A Alert: New AICPA Guidance on Transfer of Client Files

Is This the End of Arbitration in Nursing Home Litigation?

Deloitte’s $500 Million Sentence

The Punishing Effect of Rule 11

What Attorneys Can Learn from History’s Largest Data Breach

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