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No coverage for claim first made prior to inception of claims-made policy

Wiley Rein LLP
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USA
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May 16 2013

The United States District Court for the District of New Hampshire, applying New Hampshire law, has held that no coverage was available for a legal

Malpractice actions by multiple clients for separate services do not constitute related claims

Wiley Rein LLP
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USA
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May 1 2013

The Appellate Division of the New York Supreme Court, First Department, has held that four lawsuits alleging legal malpractice arising out of a mass

Allegations concerning alleged malpractice are "related claims" to prior claim involving same insured, claimant and time period

Wiley Rein LLP
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USA
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November 7 2012

The United States District Court for the Southern District of Georgia, applying Georgia law, has granted an insurer’s supplemental motion for summary judgment, finding that a claimant’s allegations of legal malpractice in connection with an underlying lawsuit and a new business venture were “related claims” to the claim first made against the insured prior to the inception of the lawyers professional liability policy at issue

Lawyer’s agreement to return retainer not a claim

Wiley Rein LLP
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USA
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September 24 2012

An Ohio appellate court has held that an agreement between an attorney and client memorializing the return of a retainer after the lawyer failed to timely file an appeal was not a “claim” and that the policy was not subject to rescission because the lawyer did not make a warranty on the application

Divided Sixth Circuit okays cell phone GPS search

Wiley Rein LLP
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USA
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September 13 2012

Whether the government may freely track individuals using GPS devices, unconstrained by Fourth Amendment search rules, is among the current privacy issues where there seems to be a lack of consensus among federal judges

Exclusion for misappropriation of assets bars coverage for claims against insured law firm

Wiley Rein LLP
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USA
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September 5 2012

The United States District Court for the District of Columbia has held that an exclusion for claims based on or arising out of the loss or misappropriation of assets within an insured law firm’s control barred coverage for six actions arising out the law firm’s participation in an alleged fraudulent investment scheme

Navigating the matrimonial malpractice minefield: strategies for avoiding legal malpractice claims

Wiley Rein LLP
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USA
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June 21 2012

The frequency of legal malpractice claims arising in the matrimonial law context tends to be higher than in many other areas of practice

Fallout from law firm failure: another court rules against departing partners

Wiley Rein LLP
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USA
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June 1 2012

On May 24, 2012, the United States District Court for the Southern District of New York (District Court) issued an opinion with significant ramifications for law firms seeking to hire former partners from bankrupt law firms

Severability provisions do not apply to prior knowledge exclusion

Wiley Rein LLP
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USA
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April 23 2012

The United States District Court for the Southern District of Texas has held that severability provisions in a lawyers professional liability policy do not apply to a prior-knowledge exclusion found in a separate section of the policy

Challenge to Illinois eavesdropping law may face uphill battle in the 7th Circuit

Wiley Rein LLP
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USA
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January 27 2012

In ACLU v. Alvarez, the American Civil Liberties Union of Illinois (ACLU) filed a lawsuit in district court challenging the constitutionality of the Illinois Eavesdropping Act, as applied to the audio recording of police officers when they are performing their public duties in public places and speaking at a volume audible to the unassisted human ear

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