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Non-disclosure of Pierringer agreement amounts – is there a “way out” for LAWPRO insureds?
“Pierringer” agreements allow one or more defendants in a multi-defendant proceeding to settle with the plaintiff, leaving the remaining defendants responsible only for the loss they actually caused. In Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, the Supreme Court of Canada held that the financial terms of a Pierringer settlement need… Read More »
Categories: Areas of Law, Articles, Civil Litigation, Content TypeConsider threshold questions before accepting joint retainers in wills
Joint retainers are common in wills practice. Wills and estates lawyers are often asked to prepare mirror or mutual wills for two spouses. While the lawyer is typically assured by the couple that they are in agreement about the proposed estate plan, lawyers should be careful when relying on these assurances, because over the past… Read More »
Categories: Areas of Law, Articles, Communications Errors, Conflicts of Interest, Content Type, Inadequate Investigation, Retainers, Wills & EstatesProtecting yourself from cybercrime dangers: The steps you need to take
Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their… Read More »
Categories: 2013 December Cybercrime, Articles, Cyber dangers, Features, Fraud, Legal TechnologyThe LAWPRO $250,000 cybercrime coverage: What it covers and why
As of the 2014 policy year, the LAWPRO mandatory insurance program will include express coverage in the amount of $250,000 for losses related to cybercrime, as defined in the policy. This sublimit (or cap) of coverage provides a modest “safety net” for lawyers in the area of cybercrime exposure. We say modest because like the… Read More »
Categories: 2013 December Cybercrime, Articles, Cyber dangers, Errors & Omissions, LAWPRO policyCyber risk insurance options: Do you have the coverage you need?
The prevalence of cyber-related crime has been steadily increasing for a number of years. Many businesses invest heavily in the necessary IT infrastructure to protect their data, but despite best efforts and intentions, the frequent news stories in the press should serve as confirmation that breaches do occur. The cost implications of having personal or… Read More »
Categories: 2013 December Cybercrime, Articles, Cyber dangers, Disaster Planning, Errors & Omissions, Firm Management, LAWPRO policyBe ready with an incident response plan
Because a cybercrime attack can cause irreparable harm, law firms should be prepared to take action immediately. Being able to do this requires an Incident Response Plan (IRP). An effective IRP can put a firm in a position to effectively and efficiently manage a breach by protecting sensitive data, systems, and networks, and to quickly… Read More »
Categories: 2013 December Cybercrime, Articles, Cyber dangers, Disaster Planning, Features, FraudInteresting times (and cybercrimes) call for active risk reduction efforts, not just insurance coverage
Legal systems and their participants have a reputation – perhaps no longer just – for being slow to embrace technological change. But while good lawyers know that technology tools are not (at least not yet!) a full replacement for the exercise of professional judgment and the application of legal knowledge, they also know that a… Read More »
Categories: 2013 December Cybercrime, Articles, Cyber dangers, Editorials