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An Exception That Could Swallow the Rule of Qualified Immunity
Attorneys have historically enjoyed a measure of immunity that shields them from suits by non-clients for alleged injury arising from legal advice provided to their clients. Yet the existence of immunity has not dissuaded non-clients from filing suit, and many have sought compensation from attorneys for harm allegedly flowing from the application of their legal advice, especially where the attorney's former client cannot be found or has become judgment proof. In response to such suits, courts have narrowed the scope of attorney immunity in what might be considered foreseeable ways, for example by recognizing exceptions where the attorney and non-client are found to be in a quasi'attorney-client relationship, or where the attorney was acting in his or her own self-interest and beyond the bounds of any attorney-client relationship.
Courts' application of these exceptions has been limited and fact specific. Exceptions are most often found where an attorney has failed to properly draft a will or trust for a known and intended beneficiary, where the attorney was found to have competing duties between a corporation, its board, and its shareholders, and where the attorney was acting for his own self-interest rather than, or in addition to, the interests of his client. Courts have, however, strictly applied attorney immunity in adversarial situations and rarely if ever find an attorney liable to an adverse party in a litigation situation. Consequently, attorneys acting within the proper scope of the attorney-client relationship can generally provide legal advice to their clients without fear of incurring potential liability to those they are not representing, especially during litigation or other demonstrably adversarial settings.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.