ProfessionalLiability

• Successfully obtained summary judgment dismissing a complaint where the plaintiff alleged malpractice relative to provided accounting services.

• Secured a dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to allege any municipal policy regarding a defendant-entity and failure to allege any personal involvement of an individual-defendant.

• Obtained dismissal of an inmate's 14th Amendment claims against health care providers based on the inmate's failure to allege subjective deliberate indifference and failure to set forth a violation of his procedural due process rights.

• Obtained dismissal of an inmate's claims against health care providers alleging deliberate indifference to medical needs and violations of the US Constitution.

• Obtained dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to exhaust his administrative remedies under the Prison Litigation Reform Act.

• Obtained multiple dismissals of claims from inmates against health care providers for deliberate indifference to medical needs and violating the US Constitution.

• Negotiated a settlement on behalf of a reputable law firm and attorney for 3 percent of the originally claimed damages after walking away from a mediation in which the mediator had recommended a settlement for a substantially greater value.

• Obtained a favorable settlement for a client sued in Florida in a complex accounting malpractice case arising from criminal fraud perpetrated by the CEO of a national telecommunications company.

• Successfully counseled clients regarding addressing and responding to subpoenas in various matters.

• Successfully obtained a dismissal of a counterclaim for legal malpractice on appeal where the counterclaim plaintiff alleged malpractice related to the representation during and the ultimate settlement of a matrimonial action.

• Successfully obtained summary judgment where the plaintiff alleged negligence against an assisted living facility client.

• Obtained a favorable settlement in a malpractice action against a nursing home.

• Successfully obtained a summary judgment dismissal of a legal malpractice case arising from representation in a commercial transaction.

• Obtained a favorable settlement in a legal malpractice action against a law firm and individual attorney alleging malpractice related to representation in an underlying commercial transaction.

• Successfully defended a dentist in a lawsuit by numerous minors alleging fraud and malpractice. 

• Successfully represented an accounting firm in enforcement actions by the Securities and Exchange Commission (SEC) arising out of alleged violations of securities laws and generally accepted accounting principles.

• Successfully obtained a summary judgment dismissal of a $1.2 million legal malpractice case arising from collection action.

• Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center.

• A lawyer was investigated for misrepresentation in the use of a judicial subpoena during the course of a family court custody dispute. The principal counsel of the Grievance Committee initially sought a formal disciplinary referral to the court, but after reading our initial submission, changed the recommendation to private discipline. We submitted a comprehensive response on behalf of the client and appeared at a Grievance Committee meeting to argue the client’s case. The committee voted to disregard the recommendation of its principal counsel and declined to impose any discipline on the client.

• Represented a lawyer who was temporarily suspended for failure to cooperate with an investigation into the lawyer’s IOLTA account. Prepared an Order to Show Cause and supporting papers and convinced the court to stay the suspension and then formally deny the motion of the principal counsel of the Grievance Committee for the temporary suspension. The temporary suspension was lifted within one week of the engagement, and all reference to the suspension was removed from the lawyer’s Unified Court System profile.

• Represented a lawyer not admitted in New York State who was charged with violating the advertising rules, including soliciting victims of a mass tort within 30 days of the event. Following an investigation and review of our submissions, the client was able to avoid any discipline being imposed or even a report by the Grievance Committee to the lawyer’s home state.

• Successfully obtained dismissal of the complaint and denial of a motion for leave amend in a matter against a health services provider and individual administrator concerning an alleged delay of medical treatment where the complaint asserted claims under 42 USC 1983, Article 26 of the Massachusetts Declaration of Right, and the Massachusetts Tort Claim Act.

• Secured the dismissal of an inmate's Fourteenth Amendment claims against a health care provider based on the inmate's failure to state a claim for subjective deliberate indifference.

• Obtained dismissal of an inmate's Fourteenth Amendment claims against health care providers based on the inmate's failure to allege deliberate indifference against individual providers and failure to set forth a Monell claim against the health care entity.

• Successfully obtained a stipulation of discontinuance with respect to a third-party action filed against a title abstract company client.

• Secured a favorable settlement of medical malpractice claims arising out of the death of the plaintiff's decedent with nominal contribution from the client.

• Secured the dismissal of an inmate's Fourteenth Amendment claims against health care providers based on failure to allege deliberate indifference to dental needs.

• Obtained summary judgment and dismissal of inmate's Eighth Amendment claims against health care providers based on failure to exhaust administrative remedies under the Prison Litigation Reform Act and failure to otherwise establish any undue delay or subjective deliberate indifference.

• Obtained summary judgment and dismissal of inmate's 14th Amendment claims against health care providers based on inmate's failure to establish an objective serious medical need.

• Secured dismissal of an inmate's Fourteenth Amendment claims against health care providers based on failure to allege the requisite elements of deliberate indifference and failure to set forth a Monell claim.

Alerts

• New York Appellate Divisions Split on Whether an Assisted Living Facility May Operate as a De Facto Residential Health Care Facility
• The First Department Addresses When a Party Is Entitled to Treble Damages Pursuant to Judiciary Law §487
• Late Claims Against Physician Assistants Do Not Relate Back to Timely Action Against Doctors
• NYS Adult Survivors Act Signed Into Law, Reviving Claims of Sexual Abuse for Adult Victims
• Update Regarding Amendments to NYS Insurance Disclosure Laws
• New York State Enacts New Insurance Disclosure Laws
• The Second Department Addresses Whether Cause of Action Sounded in Malpractice or Negligence
• Fourth Department Distinguishes Medical Malpractice From Ordinary Negligence in Nursing Home Case
• Complaint Alleging Nurse's Error Sounds in Medical Malpractice Only, Not Ordinary Negligence
• Court Finds Malpractice and Public Health Law § 2801-d Actions Have Same Conscious Pain and Suffering Criteria
• Restrictions on Solicitation of Clients Not Prevented by Rules of Professional Conduct
• First Department Stays Court Action Pending Arbitration Determination
• NYS Jury Trials and Grand Juries Shut Down Statewide for a Second Time
• COVID-19: Updates on NYS Courts and US Federal Courts
• NYS Attorneys Not Liable for Failing to Act Outside Scope of Engagement
• COVID-19: NYS Virtual Courts up and Running, Regular Courts Open for Essential, Emergency Proceedings
• COVID-19: New NYS Executive Order Limits Medical Professionals' Civil Liability
• Appellate Division Finds That a Mother Cannot Sue for Her Pain and Suffering if Infant Is Injured in Utero but Born Alive, Unless She Sustained an Independent Injury
• Appellate Division Finds That a Mother Cannot Sue for Her Pain and Suffering if Infant Is Injured in Utero but Born Alive, Unless She Sustained an Independent Injury
• Proposed Bill Would Allow Date Of Discovery To Control Statute Of Limitations In Medical Malpractice Actions
• New Cybersecurity Regulations May Apply to Companies that do Business with NYS Chartered Or Licensed Banks, Mortgage Bankers, Insurance Companies and Others
• New York State Department of Financial Services Finalizes Cybersecurity Regulations
• Insurance Agent Held Not Liable for Alleged Failure to Obtain Flood Insurance Coverage
• Cybersecurity Update - What to Look for in 2017
• A Properly Executed "Release From Responsibility For Discharge" Form May Not Actually Release a Hospital
• Presidential Commission Report on Cyber Security and What it Might Mean for Your Business
• New York Court Of Appeals Affirms Appellate Division Finding That Challenge To The Sufficiency Of Expert Disclosure Must Be Timely
• FTC Reinstates Data Breach Action Against LabMD, Orders Remedial Measures
• Ethical Considerations For Attorneys In The Evolving World Of Cyber Security And Data Breaches
• Costs of a Data Breach Up to $7 Million Per Incident
• Data Breach Notifications are on the Rise in 2016 and Businesses Continue to Struggle with Liability Issues Relating to Breaches
• Pharmacists Now Have a Broader Duty to Take "Additional Measures" Before Dispensing Medication
• New York Court of Appeals Expands Medical Provider's Duty to Third-Parties (or Does It?)
• Cyber Security Update - The FTC and Class Actions
• When Does an Accounting "Review" Become an "Audit", and Why Does it Matter
• Cyber Security Update - Recent Developments and Expectations for 2016
• Medical Provider Exposed To Malpractice Liability Where Plaintiff Fell From Examination Table
• Third Department Holds Claim Against Medical Specialist Time Barred Due To Exception To The Continuous Treatment Doctrine
• Group Homes Serving Individuals With Developmental Disabilities Score Huge Appellate Victory While Assisted Living and Other Facilities May Be Exposed to Greater Liability
• New York Adopts "Likely to Succeed" Standard for Legal Malpractice Cases Where the Underlying Matter was not Appealed
• Failure to Reveal the Name of the Defense Medical Expert Results in Denial of Summary Judgment
• Insurance Broker's Liability Expanded by the New York State Court of Appeals
• Attorney Deceit Claims in New York are Governed by the Six-Year Statute of Limitations
• Medical Corporation is Not Strictly Liable for Release of Patient's Confidential Medical Information
• Consultation with Another Physician Does Not Bar Continuous Treatment Doctrine
• Court Establishes Insurer's Liability Despite Broad Wording of Exclusions in a Professional Liability Policy
• Trial Court Decision Underscores the Dangers
• Fourth Department Expands Damages Available in Legal Malpractice Cases with Underlying Criminal Matters
• Attorney/Client Privilege and Electronic Communications Clarified
• Court of Appeals Refuses to Expand In Pari Delicto to Allow Third-Party Liability
• The First Department Holds that Attorney is Not Liable for Allegedly Aiding and Assisting Her Clients' Conspiracy to Defraud and Unfairly Compete
• Cornejo v. Bell: Addressing the Bounds of Immunity for City Lawyers and Caseworkers
• First Department Limits "At Issue" Waiver of Attorney-Client Privilege
• Court of Appeals Upholds Attorneys' Right To Disseminate Unsolicited "Legal Reports" "¦ So Long as Reports Contain no more than Incidental Advertisement
• Court of Appeals Rules That "Attempted Deceit" is Sufficient to Sustain a Cause of Action Under Judiciary Law Section 487

Press Releases

• Three Buffalo-Based Law Clerks Named Associates After Admission to New York State Bar
• Barclay Damon Adds Insurance Litigation Partner Erin Tyreman to Syracuse Office
• Gina Wisniewski Joins Barclay Damon
• Cory Poplawski Joins Barclay Damon
• Samantha McDermott Joins Barclay Damon
• Six Barclay Damon Attorneys Named Empire State Counsel® Honorees
• Barclay Damon Lands Insurance Litigator Jacqueline Doody
• Bridget Daley Joins Barclay Damon
• Barclay Damon Welcomes C. J. Englert
• Meghan Tuma Joins Barclay Damon
• Daniel Martucci Joins Barclay Damon
• Daniel Coleman and David Hutter Join Barclay Damon

News

• Sanjeev Devabhakthuni Interviewed for Insurance.com Article on LLC Insurance
• Jacqui Doody Featured in Law360 Article About Joining Barclay Damon

Publications

• Q3, 2024—"Cross-Border Service of Legal Documents Under the Hague Convention"

Blog Posts

• NY Appellate Court Suspends Rudolph Giuliani on Interim Basis From Practice of Law