The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2019

March 19, 2019

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Insurance Coverage – Computer Fraud – E-Mail "Spoofing"

Medidata Sols., Inc. v. Fed. Ins. Co., 729 Fed. Appx. 117 (2d Cir. 2018), 2018 U.S. App. Lexis 18376, 2018 WL 3339245

Risk Management Issue: Is e-mail "spoofing" covered under the computer fraud provision in an insurance policy?

Filing Deadlines – Jurisdictional Motions – Failure to Timely File

Peraino v. County of Winnebago, 2018 IL App (2d) 170368

Risk Management Issues: All attorneys work on deadlines, but waiting until the last minute to e-file with the court is inherently risky. Attorneys must establish and utilize reliable systems to meet litigation deadlines and avoid last-minute filings.

Unauthorized Practice ‒ Providing Services to Out-of-State Clients ‒ Associating with Non-Lawyers and/or Out-of-State Lawyers

Ohio State Bar Assn v. Klosk, Slip Opinion No. 2018-Ohio-4864 (December 11, 2018); Indiana Supreme Court Disciplinary Commission, Opinion 2-18 (December 2018); New York State Bar Association, Committee on Professional Ethics, Opinion No. 1160 (January 2, 2019)

Risk Management Issue: Most lawyers engage in interstate, cross-border activities in the course of practicing law many times every day. When might those activities constitute the unauthorized practice of law? What ethical issues are implicated when a lawyer provides legal services to out-of-state clients or when a lawyer affiliates with a non-member of the bar in the solicitation and/or provision of legal services?