Professional Liability Blog

It seems like we can’t go a week without hearing about a cybersecurity breach at a major US corporation. Corporate boards need to be aware that improper oversight of cybersecurity issues could lead to a shareholder derivative lawsuit. One such example from within the last couple of years is Palkon v. Holmes, 2014 WL 5341880, at *1 (D.N.J. Oct. 20, 2014) (No. 2:14-CV-01234 SRC). Palkon involved the global hotel operator Wyndham, which between April 2008 and January 2010 was subject to three cyber-attacks, each resulting in a loss of customer data.

Board members of not-for-profit corporations are usually volunteers who offer their time and expertise to serve organizations they feel strongly about. Many times, however, board members either forget or don’t even realize they are in a fiduciary relationship with the not-for-profit they serve.

Over 20 years after the “Trial of the Century,” Americans are again captivated regarding the rise and fall of football legend and former Naked Gun actor O.J. Simpson. The FX television network’s The People v. O.J. Simpson: American Crime Story and ESPN’s five-part documentary O.J.: Made in America has reignited interest in “The Juice.”

IntroductionWhen defending a legal malpractice action, the first item on any attorney’s checklist should be whether the plaintiff has satisfied the statute of limitations. Under Section 516.120 RSMo, the statute of limitations for claims of legal malpractice is five years. And Section 516.100 provides “that for the purposes of sections 516.100 to 516.370,” a cause of action for legal malpractice shall be deemed to accrue “when the damage resulting therefrom is sustained and is capable of ascertainment.” But when is damage “sustained and capable of ascertainment”?