INTENTIONAL TORTS - BILLING FRAUD
Reliance National Insurance Co. v. Sears, Roebuck & Co., Inc., 792 N.E.2d 145 (Mass.App.Ct., 2003)
Risk Management Issue: Are improper billing practices covered by lawyers' professional liability policies?
STATUTORY REGULATIONS - PRIVACY NOTICES
New York State Bar Association v. Federal Trade Commission, 276 F.Supp.2d 110 (D.D.C., 2003)
Risk Management Issue: Is your firm subject to the Privacy Notice requirement of the Gramm-Leach-Bliley Act?
STANDING TO SUE - NON-CLIENT BENEFICIARY
Minnich v. Yost, 817 A.2d 538 (Pa.Super., 2003)
Risk Management Issue: In estate planning matters, to whom do you owe duties? Among the various states there are two sets of rules. In some states, an attorney for a testator does not owe a duty to non-client beneficiaries, but in other states, the testator's attorney could, under certain circumstances, owe such a duty.
MALICIOUS PROSECUTION - CONTINUATION OF FRIVOLOUS LAWSUITE CAN CREATE LIABILITY
Zamos v. Stroud, 1 Cal.Rptr.3d 484, Review Granted, Previously published at 110 Cal.App.4th 60 (Cal.App. 2 Dist., 2003)
Risk Management Issue: How does a law firm avoid liability for bringing or continuing frivolous lawsuits?
STATUTORY REGULATIONS - FAIR DEBT COLLECTION PRACTICES ACT
Silva v. Mid Atlantic Management Corp., 277 F.Supp.2d 460 (E.D.Pa., 2003)
Risk Management Issue: How much consumer debt collection work will subject you to the requirements of the FDCPA?
INTENTIONAL TORTS - MISAPPROPRIATION OF FUNDS
First American Title Insurance Co. v. Lawson, 827 A.2d 230 (N.J., 2003)
Risk Management Issue: In terms of handling client funds, all partners have a duty to supervise the firm's client trust account. Failing to adequately supervise the account can result in suspension or disbarment even when it is another partner who misappropriates client funds. When handling client funds, how does a partner in a law firm protect himself or herself from the consequences of the intentional misconduct of other partners?

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

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