Legal considerations for stethoscope hygiene in a new era of infection control (COVID-19)
By: Edward Solensky, Jr.
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
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
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 …
The age of e-file: lawyers should use caution to avoid malpractice, meet deadlines in the age of technology
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 …
IP malpractice mitigation: What IP practitioners should do to avoid claims, conflicts, and calamities
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 …
Massachusetts Appeals Court Holds a Claim for Violation of the Statute Prohibiting the Unauthorized Use of One’s Name, Portrait or Picture Does Not Require Quantifiable Damages to Survive Summary Judgment
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
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 …
Google’s Use of Oracle’s java Application Programming Interfaces declared “Fair Use” by the United States Supreme Court
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
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
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
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?
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 …