Legal considerations for stethoscope hygiene in a new era of infection control (COVID-19)
12/21/21
A recent article in American Heart Journal Plus: Cardiology Research and Practice discusses how stethoscopes may be implicated in medical malpractice lawsuits as a potential cause of healthcare-associated infections (HAIs). The authors note that while there …
Recent Second Circuit decision demonstrates importance of carefully drafted engagement letters
12/6/21
By: David A. Slocum
A recent decision issued by the United States Court of Appeals for the Second Circuit demonstrates the importance of having carefully drafted client engagement letters clearly defining the scope of an attorney’s representation. In Allegrino v. …
Attention debt collectors in California: new law requires action by December 31, 2021
12/3/21
By: Mandy D. Hexom
Beginning January 1, 2022, pursuant to California’s new Debt Collection Licensing Act (DCLA), all consumer debt collectors who are collecting on their own account or the account of others, including debt buyers, must be licensed with the California Department of …
11/1/21
By: Marissa Dunn
E-filing has radically changed the way we practice law. No longer are the days of finding parking near the courthouse and waiting your turn in line for the clerk. So too has service by physical mail disappeared. E-service dominates in …
9/22/21
By: R. Victoria Fuller and Jessica Gray Kelly
Intellectual Property attorneys face malpractice risks unique to their specialty. Avoiding claims from clients and complying with the rules of professional conduct requires practitioners to exercise constant vigilance.
Understanding both the circumstances that tend to drive …
6/21/21
By: Nancy Reimer, Victoria Fuller and Lori Eller
In Tedeschi-Freij vs. Percy Law Group, P.C., et al., the Massachusetts Appeals Court held a plaintiff need not show evidence of quantifiable damages to survive a motion for summary judgment …
Another Hit to Short-Term Rentals: Styller v. Zoning Board of Appeals of Lynnfield
6/11/21
By: Jessica Gray Kelly, Esq. & Matthew L. Schwartz, Esq.
Local governments seeking to curb short-term rentals by private homeowners received a win this week in the case of Styller v. Zoning Board of Appeals of Lynnfield, SJC-12901. The Massachusetts Supreme …
4/30/21
By: Kirsten Patzer
In a 6-2 decision, the Supreme Court of the United States(the “Court”) reversed the US Court of Appeals for the Federal Circuit in Google LLC v. Oracle America, Inc., holding Google’s use of Oracle’s Java Application …
Departing Lawyers’ “Theft of Files” May Lead to a Violation of M.G.L.c. 93A
4/29/21
By: Nancy Reimer, Jennifer Markowski and Lori Eller
The Massachusetts Supreme Judicial Court recently held in Governo Law Firm LLC v. Bergeron, 487 Mass. 188 (2021), that the inapplicability of G. L. c. 93A, § 11, to disputes …
A Quick Summary of the Ethics Rules on Discrimination for California Lawyers
4/20/21
By: Greg Fayard
For decades, the California State Bar had an anti-discrimination ethics rule applicable to lawyers. That rule prevented lawyers from unlawfully discriminating in hiring, promoting, firing, or accepting or not accepting cases based on certain protected characteristics—the big …
A Massachusetts Attorney Is Suspended for Overbilling Clients
4/7/21
By: Nancy Reimer and Eleni Demestihas
In the Matter of [Attorney] (SJC 12850) the Massachusetts Supreme Judicial Court found the attorney not only charged excessive fees to multiple clients but did so intentionally over a matter of months. In 2015, …
Are Non-Refundable Lawyer Retainers Legal in California?
1/26/21
By: Greg Fayard
Joe wants to hire Bill, a California lawyer, to defend a breach of contract case. Bill agrees to defend Joe but will only take a $10,000 non-refundable retainer. Is this legal? No.
Under Rule 1.5(d) of the …