Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
Bar Exam Toolbox Podcast Episode 315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation
Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Hinshaw Insurance Law TV – Cybersecurity Part Two: The Rise in Cyber Negligence Cases
Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Cyberside Chats - Zero Trust and Cyber Negligence: A conversation with Dr. Zero Trust Chase Cunningham
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
The Year Ahead: Litigation Hot Spots at a Glance
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business....more
The Minnesota Court of Appeals (“App. Ct.”) addressed in a January 1, 2025, Opinion an issue arising out of an environmental assessment performed on a laundromat pursuant to a property transaction. See Michelin Properties,...more
On May 2, 2025, the Texas Supreme Court reversed a Texas Court of Appeals’ decision that had affirmed a jury’s verdict finding a franchisor directly liable to the customer of a franchisee for actions undertaken by the...more
Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality,...more
Generally speaking, insurance producers face fairly routine obligations when procuring cover. Every state imposes a general duty to exercise that degree of care, skill and diligence a reasonable producer would exhibit to his...more
When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more
On February 21, 2025, the Supreme Court of Texas delivered a significant ruling in the case of Pitts v. Rivas, addressing the issue of fiduciary duties within professional relationships. The Court concluded that no fiduciary...more
While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more
Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more
There are a number of factors that Courts review when determining whether an insurer has acted under a “reasonably prudent insurer” standard under the Stowers doctrine. We have previously discussed key issues to look out for...more
Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more
On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect. The Act provides for the automatic sealing of certain criminal convictions after a specified time period. It will also require greater...more
An incident of the trustee’s duty to be generally prudent, to account (or report) to beneficiaries, and to refrain from breaches of the duty of undivided loyalty, such as engaging in unauthorized self-dealing, is the...more
In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more
The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I...more
In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more
This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more
Meros v. Sunbelt Rentals, Inc. --- N.E.3d ----, 2023 WL 8271002, 2023-Ohio-4313 - Candice Matthews, as fiduciary of the Estate of Tanisha M. Matthews and Asiah T. Matthews, appealed the trial court’s decision granting summary...more
In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more
Forshee v. Moulton, 2024 Tex. App. LEXIS 2520 (Houston [14th Dist.] April 11, 2024) - Brief Summary - The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in...more
Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more
Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more
The Delaware Court of Chancery recently held that claims for breach of the fiduciary duty of oversight are not easier to plead against corporate officers than against corporate directors. The decision in Segway Inc. v. Cai...more
On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on...more
On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more