FKB Legal Malpractice Advisory: Settler’s Remorse and Subsequent Claims for Legal Malpractice Dear Clients and Colleagues: In the context of civil litigation, it is fairly well known that most cases eventually settle, or otherwise resolve some time prior to trial. When a litigant elects to settle, it is not uncommon for that party to experience […]

FKB’s Patrick Brennan obtained a directed verdict on behalf of a prominent plaintiff’s personal injury law firm at the close of the plaintiff’s case in a legal malpractice trial before Justice F. Dana Winslow in Nassau County Supreme Court. The central issue in this legal malpractice action was whether FKB’s client departed from the acceptable […]

FKB Professional Liability Practice Alert: Two Recent Decisions show New York State is Solidifying its Position as a Jurisdiction that Permits Insurers to Recoup Underlying Litigation Costs. When disclaiming coverage, insurers may attempt to recover costs paid defending the underlying claim in subsequent declaratory judgment proceedings. Although many states reject insurers’ rights to seek reimbursement […]

December 12, 2013: FKB Client Advisory by Andrew R. Jones and Evan W. Bolla. Re: DLJ Mortgage Capital Inc. v. Thomas Kontogiannis, Chicago Title Insurance Company, et. al.: New York Court of Appeals holds that third-party purchasers of mortgages on the secondary market cannot rely on pre-closing documents to establish a proper conveyance or that […]

December 2, 2013: FKB Client Advisory by Andrew S. Kowlowitz. Re: FKB Accountant Malpractice Advisory: New York Courts utilize the “Tooley” derivative/direct standing test to preclude claims brought by non-clients against accountants Dear Clients and Colleagues: In the context of accounting malpractice, the general rule is that non-clients do not have standing to assert a […]

On Thursday, November 14, 2013, FKB’s Michael Furman and Andrew Jones spoke at the New York City Bar Association’s 10th Annual Small Law Firm Practice Management Symposium, with their topic entitled: “Worst Case Scenario – The Do’s and Don’ts of Case Selection, Management and Client Communications.” Michael and Andrew prepared and provided a live demonstration […]

Patrick J. Brennan gave a presentation at the American Society for Healthcare Risk Management annual conference on October 29, 2013 in Austin, Texas. The presentation, entitled “The Patient Grievance Process and Preserving Confidentiality”, was attended by well over 450 people and discussed federal regulations and interpretive guidelines governing hospitals’ responses to patient’s complaints regarding quality […]

FKB’s A. Michael Furman was a featured speaker at the New York State Bar Association CLE- “Protecting Your Practice- Risk Management 101 for Lawyers” at the New Yorker Hotel in NYC. Mike Furman lectured on the topic of “Competency in Area of Practice & Insurance Considerations” along with Mike Mooney of USI Affinity. Click here […]

On Thursday, October 10, 2013, FKB’s Andrew Jones and Izabell Lemkhen, spoke at the 2013 Annual Meeting and CLE/CEU Presentation of the Professional Liability Defense Federation. Andrew and Izabell, along with Erin Higgins, Esq. and Timothy Gephart, CPCU, lead an interactive discussion regarding common ethical and practice issues raised by representation. Specifically, Andrew and Izabell […]

On Saturday, October 5, 2013, FKB’s Andrew Jones cycled 50 kilometers – around the perimeter of Manhattan – in order to help raise $50,000 for Harlem Grown – an independent, non-profit organization whose mission is to create a network of neighborhood farms and spread its produce and social benefits through Harlem, NYC. Harlem Grown’s mission […]