Lawyering - General

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has said that the plaintiff must show that he or she suffered

COVID-19 has changed the practice of law. Whether the changes are permanent or temporary, many have occasioned increased risks of malpractice claims against lawyers and law firms. To help our clients meet these new challenges, Goldberg Segalla has compiled a guide for avoiding and mitigating legal m

Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are often referred to as “wearables.” Experts estimate that over 300 million we

There are so many risk management sources, theories, and tips for the practitioner seeking to avoid a malpractice claim. But, there is less direction available to the professional that does make a mistake and knows about it. What are the obligations to the client, to the carrier, to others once

At its simplest and most basic level, a professional malpractice policy for an attorney serves to insure against claims of malpractice. The devil is in the details, of course. In a recent decision, the Second Circuit affirmed a decision denying coverage to an attorney involved in a dispute over coll

America’s birthplace, home of the Liberty Bell, cheesesteaks and Rocky, the City of Brotherly Love is a destination for history, arts, culture…and personal injury cases. Once again, Philadelphia has been named America’s number one judicial hellhole in the annual ranking by the American Tort Reform F

A recent decision rendered by the New York Appellate Division, First Department, on October 17, 2019, held that the lower court properly dismissed a legal malpractice complaint on the ground that documentary evidence established there was no attorney-client relationship.

Associate Matt Scherer, member of Littler’s Robotics, AI and Automation Practice Group and Data Analytics team, and Andrew Arruda, founder of Ross Intelligence, discuss how AI is being used in the practice of law, such as in legal research and contract review.

Nine law firms face $500 million in damages arising from the alleged aiding and abetting of a large securities scam. The scam was perpetrated by a now defunct, relatively well-publicized real estate investment firm (“Investment Firm”) that operated a Ponzi scheme targeting the retirement benefits of

If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain pay and personnel records, before a lawsuit has been filed.

The evidence is in, the jury instructions are done, final trial motions have been made (and appeal points dutifully preserved), and it is time for the final argument, the holy grail of the trial lawyer. After months (if not years) of preparation, it is finally time to just argue, to tell the jurors

Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion, Dutta v. State Farm, addressing an important procedural issue in FCRA cases:

The increase in connectivity has greatly improved an attorney’s ability to represent her clients. From searching a party on social media, to quickly parsing through online materials, saves hours and hours of time. Furthermore, attorneys can leverage professional organization memberships to seek inpu

The smoking gun. That key piece of evidence that will conclusively prove your client’s case and guarantee victory may be out there.

Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue?

No one is perfect. In the adversarial arena of litigation, attorneys are rarely willing to admit even having a weak legal argument, let alone an actual error. However, the American Bar Association recently issued an opinion which makes it an ethical duty for attorneys to disclose any material errors

Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is controlling. However, it is not always that easy. What happens when specific d

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation case. First Western Capital Management Co. v. Malamed, Case Nos. 16-1434, 16

For the vast majority of employment relationships around the world, choice-of-law analysis is a non-issue that we rarely ever think about. Obviously (for example), a Paris-resident baker working locally for a French bakery is protected only by French employment law. A Buenos Aires-resident banker wo

If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction, responsibility for clarity and precision in a Rule 68 offer is that of the offero