Ethics and E&O Claim Prevention in Structured Settlements. Richard B. Risk, JD, CSSC

Size: px
Start display at page:

Download "Ethics and E&O Claim Prevention in Structured Settlements. Richard B. Risk, JD, CSSC"

Transcription

1 Ethics and E&O Claim Prevention in Structured Settlements Richard B. Risk, JD, CSSC

2 Introduction Negligent, unethical and illegal practices Exposure of broker to E&O claims Exposure of plaintiff s attorney to malpractice claims Exposure of defense counsel to malpractice claims Exposure of claim adjuster to malpractice claims

3 Topics of Discussion The ongoing evolution of the industry Role of the defense broker Role of the plaintiff advocate Role of the liability insurer Role of the asset provider Common practices to avoid or counter

4 The Ongoing Evolution Created and organized as a defense ploy Barriers to entry Emergence of plaintiff advocate specialists Shifting of power

5 Defend insured tortfeasor Pay cost of defense Role of Liability Insurer Indemnify for judgment or settlement up to policy limit Must allow defense attorney to exercise independent judgment in handling case on behalf of client

6 Role of Claim Adjuster Agent of liability insurer Duty is to settle claim within settlement authority Duty is to monitor status of negotiations, mediations or trial and report to supervisor Must not interfere with professional judgment of attorney hired by liability insurer to defend insured tortfeasor If negotiating with unrepresented claimant, must disclose conflict of interest and not imply that he or she is an advocate of the claimant to settle the case See Jones v. Allstate Ins. Co., 45 P.3d 1068 (Wash. 2002), and Allstate Ins. Co. v. West Virginia State Bar, 233 F.3d 813 (2000)

7 TIP The lessons of Jones v. Allstate can be applied to a defense broker negotiating on behalf of a liability insurer to settle with an unrepresented claimant, if the defense broker represents himself or herself to be neutral. There is an inherent conflict of interest because the broker is an agent of an adverse party.

8 Role of Defense Attorney Hired by liability insurer to defend insured tortfeasor, usually in a long-term relationship where insurer uses an attorney or group of attorneys exclusively to defend their insureds. Expected to exercise independent judgment in handling case on behalf of client (the defendant) without interference from employer in clientlawyer relationship, per ABA Model Rules of Professional Responsibility 1.8(f) Often pressured by liability insurer to put interest of liability insurer ahead of client Can cause liability insurer to be vicariously liable for attorney s acts, if insurer exercises control See Trau-Med v. Allstate, Tenn. W SC-R11-CV (2002), and Givens v. Mullikin, Tenn. W SC-R11-CV (2002).

9 Role of Defense Broker Appointed agent of product providers Duty to life insurance company in some states where statute specifies Engaged by liability (P&C) insurer to assist claim adjuster in settling claims Role is to save money for liability insurer May have rebating agreement or other quid pro quo arrangement with liability insurer May be expected to force annuity premium to affiliate Expectation is to be compensated by annuity commission, which is part of plaintiff s recovery Expects to be protected by approved broker list Represents to plaintiff to be a neutral party to enhance benefits to the plaintiff Does not disclose conflict of interest Expects to be released along with liability insurer Engages in law practice under real estate closing model

10 TIP Dual representation agreement being used by defense brokers puts plaintiff s attorney at risk Conflicts are not fully disclosed to plaintiff Applying rules of professional conduct for attorneys: A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and, (2) each client consents after consultation. ABA Model Rules 1.7(a). See also Model Code DR 5-101(A) and Restatement of Law Governing Lawyers 202

11 TIP Dual representation agreement continued: Paragraph (a) prohibits representation of opposing parties in litigation. Simultaneous representation of parties whose interests in litigation may conflict, such as coplaintiffs or co-defendants, is governed by paragraph (b). ABA Model Rules 1.7 note 7.

12 TIP Dual representation agreement continued: A lawyer shall not represent a client if representation may be materially limited by the lawyer s responsibilities to another client or to a third person, or by the lawyer s own interests, unless (1) the lawyer reasonably believes representation will not be adversely affected; (2) the client consents after consultation [which] shall include explanation of the implications and the advantages and risks involved. ABA Model Rules 1.7(b). See also Model Code DR 5-105(A) and Restatement of Law Governing Lawyers 202

13 Role of Plaintiff Broker Appointed agent of product providers Duty to life insurance company in some states where statute specifies Duty of loyalty to plaintiff through plaintiff s attorney Duty to provide comprehensive settlement planning to plaintiff, similar standard of care as plaintiff s attorney Enters into contract for service to plaintiff with expectation of being compensated from annuity commission, which is part of plaintiff s damage recovery, as third-party beneficiary Does not expect to be released from liability when defendant and insurer are released Engages in law practice under real estate closing model

14 Role of Plaintiff Attorney R. Thomas Beadles, Esq. Trial Lawyer

15 Role of Asset Provider Appoints licensed agents through general agency system Operates in a competitive marketplace Provides medical underwriting on proposed measuring life, if asset is to be annuity Offers assignee entity to own qualified funding asset Provides sales support to broker

16 Rebating Scheme Macomber v. Travelers (Connecticut) Stafford v. Allstate (Texas) Coppedge v. State Farm (Texas) Blattenberg letter of 6/25/2002 naming: Ringler, EPS, SFA, Cambridge Galaher, Pension Company, Settlement Planning, American Settlements, Diversified Settlements, Financial Settlements, Brant- Hickey Associates, Settlement Associates, The Alliance LeBoeuf Lamb Opinion to NSSTA (1989)

17 TIP No deduction shall be allowed for any payment made directly or indirectly, to any person, if the payment constitutes an illegal bribe, illegal kickback, or other illegal payment under any law of the United States, or under any law of a State (but only if such State law is generally enforced), which subjects the payor to a criminal penalty or the loss of license or privilege to engage in a trade or business. 26 U.S.C. 162(c)(2)

18 TIP If you are forced (or volunteer) to split a case with a defense broker affiliated with a brokerage known to rebate, you should advise the plaintiff s attorney of this and suggest that the attorney, to be safe from later allegations of overcharging an attorney fee, consider reducing the contingent fee to the known cost to the defendant or liability insurer.

19 Short-Changing Scheme Lyons v. Medical Malpractice Ins Ass n Contractual privity exists in a settlement, and intentional or negligent misrepresentation of an annuity s cost by the defense constitutes fraud Macomber v. Travelers Defendant or insurer must not only provide payments as promised but must also spend what it represented as the cost Constitutes fraud, negligence by П atty

20 TIP Be sure to include in the Settlement Agreement and Release the cost of the periodic payments as represented by the defense, to ensure contractual privity. The cost should not be shown as consideration, but elsewhere when talking about the right to assign the periodic payment obligation created as a settlement term.

21 Extortion Tax benefit (called a subsidy in legislative history) intended as public policy to encourage structure Qualified funding asset is part of plaintiff s recovery Compensation of defense broker is defense cost Section 130 veto as leverage Structure through us or take cash Forces plaintiff to give up property right of tax subsidy

22 Extortion The act or practice of obtaining something or compelling some action by illegal means, as by force or coercion. Also termed statutory extortion. Black s Law Dictionary, 7th Ed. (1999)

23 TIP Coach plaintiff attorneys to include in mediation summaries that each side is to bear own costs and expenses. That sets the foundation for the argument that compensation for a defense structured settlement broker is a defense cost and should not come from the annuity commission.

24 Antitrust Behavior Approved market lists: Appear to violate the restraint of trade provisions of 15 U.S.C. 1 ( Sherman One ) Since all agreements are in restraint of trade, courts apply rule of reason unless arrangement is per se illegal Look for cartels among insurers and their approved market lists This could be found to be reciprocal dealing or coercive reciprocity, akin to tying arrangements, which tend to raise prices and are considered per se illegal See Betaseed, Inc. v. U&I, Inc. 681 F.2d 1203 (9th Cir., Wash. 1982)

25 Unwarranted Restrictions Common prohibition against periodic payments being anticipated, sold, assigned or encumbered Vestige of pre and NSSTA v. NASP Life markets slow to recognize /11 VCF template release Plaintiff attorney and plaintiff broker exposed to claim by plaintiff

26 TIP Always seek to modify the uniform qualified assignment document to acknowledge the rights under 26 U.S.C to sell, assign, pledge or other form of encumbrance or alienation for consideration of periodic payments. If life market refuses, document that you have explained the unnecessary restriction and advised claimant of the option to switch to another company. Consider getting release.

27 Negligent Planning Failure to consider a structure Failure to preserve Medicaid eligibility Failure to provide liquidity for contingencies, i.e., medical, estate taxes Failure to consider risks of cash settlement, i.e., dissipation, bad investments See Grillo v Henry, Grillo v. Pettiette, et al.

28 TIP A Monte Carlo analysis uses scientific principles in calculating the probability that a financial plan will meet its long-term objectives. Many settlement planners are using these programs to demonstrate to plaintiff attorneys the viability of a structure, with its guarantees, as the foundation for a financial plan, as compared with investments that are subject to market risks, whether managed by the plaintiff or a professional manager.

29 Negligence in Quoting Failure to comply with state laws and regulations on insurance sales presentations Use of presentation systems that require importation of data from life insurance company quoting software Failure to present necessary caveats, i.e., expiration date, company disclaimers, rate series, rated age assumptions, cost, etc. See Crutchfield v. Ringler Associates, Civil Action No (E.D. La. 2002)

30 TIP Always use the annuity company s software quoting system to prepare illustrations, showing costs, fees, rated age assumptions, expiration dates, rate series, and the home office s disclaimers. This can eliminate a major cause of E&O claims.

31 Negligence in Documents Creating actual or constructive receipt Failure to address punitive damages Improper assignor (obligor and party) Multiple settlement agreements Failure to document cost of periodic payments Failure to document physical injury

32 Misrepresentation of the Law It is unethical for an agent to misrepresent the law to a represented or unrepresented claimant and may constitute the unauthorized practice of law. Examples: What constitutes constructive receipt Qualified settlement funds post tax risk

33 Laundering of Funds Funds constructively received by claimant or claimant s agent (i.e., attorney) may not be paid into a qualified settlement fund then used as consideration to an assignment company to transfer periodic payment obligation. There is a name for this: tax fraud.

34 What This Means You are a part of one of the most corrupt industries in the United States Illegal, immoral and unethical conduct is rampant Do not be tempted to engage in it Be aware of it when you see it and document it, if you can Initiate appropriate action against perpetrators

35 Conclusion You hold the moral high ground on this issue Do not succumb to intimidation by those who engage in this conduct and stand to lose illicit gains if you challenge their actions If they take illegal or tortious action against you, seek redress through the legal process In time, your side will prevail

Attorneys Ethical Considerations in Structured Settlement Cases

Attorneys Ethical Considerations in Structured Settlement Cases presented by Attorneys Ethical Considerations in Structured Settlement Cases Martin Jacobson, Esq. 2012 NSSTA Annual Meeting Washington, DC Exercising Independent Professional Judgment New York Rules of

More information

Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?

Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com

More information

Ethical Issues Facing Today s Transportation Lawyers

Ethical Issues Facing Today s Transportation Lawyers Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O

More information

The Sale of Structured Settlements in Minnesota

The Sale of Structured Settlements in Minnesota The Sale of Structured Settlements in Minnesota Structured Settlements The term structured settlement is defined in Minnesota statutes as an arrangement: for the periodic payment of damages for personal

More information

Qualified Settlement Funds. Richard B. Risk, JD, CSSC

Qualified Settlement Funds. Richard B. Risk, JD, CSSC Qualified Settlement Funds Richard B. Risk, JD, CSSC Introduction The QSF is the most powerful tool available to the plaintiff for taking control of how the plaintiff s damage recovery funds will be distributed

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

NEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT

NEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT NEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT 5-1701. Definitions. For purposes of this title: a. "Annuity issuer" means an insurer that has issued an

More information

Worldwide Anti-Corruption Policy

Worldwide Anti-Corruption Policy Worldwide Anti-Corruption Policy I. PURPOSE The laws of most countries make the payment or offer of payment or even receipt of a bribe, kickback or other corrupt payment a crime, subjecting both Eaton

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Opinion #177. Advancing Litigation Costs Through Lines of Credit

Opinion #177. Advancing Litigation Costs Through Lines of Credit Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether

More information

ALM GL ch. 231C, 1 (2004) 1. Definitions.

ALM GL ch. 231C, 1 (2004) 1. Definitions. For more information please visit Strategic Capital Corporation at www.strategiccapital.com, or contact us at Toll Free: 1-866-256-0088 or email us at info@strategiccapital.com. ANNOTATED LAWS OF MASSACHUSETTS

More information

ETHICAL CONSIDERATIONS IN ALTERNATIVE FEE AGREEMENTS FOR THE DEFENSE LAWYER

ETHICAL CONSIDERATIONS IN ALTERNATIVE FEE AGREEMENTS FOR THE DEFENSE LAWYER ETHICAL CONSIDERATIONS IN ALTERNATIVE FEE AGREEMENTS FOR THE DEFENSE LAWYER BRIAN P. VOKE CAMPBELL CAMPBELL & EDWARDS ONE CONSTITUTION PLAZA BOSTON, MA 02129 (617) 241-3000 bvoke@campbell-trial-lawyers.com

More information

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come

More information

UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION

UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 8750 / November 8, 2006 UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 54720 / November 8, 2006 INVESTMENT

More information

No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778)

No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778) No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 9 V.S.A.

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

549 COSTS, DISBURSEMENTS STRUCTURED SETTLEMENTS

549 COSTS, DISBURSEMENTS STRUCTURED SETTLEMENTS For more information please visit Strategic Capital Corporation at www.strategiccapital.com, or contact us at Toll Free: 1-866-256-0088 or email us at info@strategiccapital.com. MINNESOTA ANNOTATED STATUTES

More information

Conflict of Interests When Representing a Beneficiary and the Trustee

Conflict of Interests When Representing a Beneficiary and the Trustee Conflict of Interests When Representing a Beneficiary and the Trustee In the administration of a trust or estate, an attorney may be in the position of representing both the trustee and the beneficiaries

More information

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction

More information

CHECKLIST FOR PURCHASERS OF PROFESSIONAL LIABILITY INSURANCE

CHECKLIST FOR PURCHASERS OF PROFESSIONAL LIABILITY INSURANCE CHECKLIST FOR PURCHASERS OF PROFESSIONAL LIABILITY INSURANCE How to Use this Checklist This checklist is intended as a guide to be used in reviewing professional liability insurance applications and policies.

More information

5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS

5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING

More information

A complaint was filed with the Professional Conduct Board by an attorney. who alleged that Respondent, a member of the Vermont Bar, had improperly

A complaint was filed with the Professional Conduct Board by an attorney. who alleged that Respondent, a member of the Vermont Bar, had improperly PCB 1 [03-Aug-1990] STATE OF VERMONT PROFESSIONAL CONDUCT BOARD In re: PCB File No. 89.34 NOTICE OF DECISION PCB 1 Procedural History A complaint was filed with the Professional Conduct Board by an attorney

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS ADVANCED PERSONAL INJURY LAW COURSE CLE TEXAS STATE BAR 2013 S AM J OHNSON S COTT, DOUGLASS & MC C ONNICO, L.L.P. A TTORNEYS A T L AW WWW.

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

International Legal Malpractice Advisors, LLC Washington, D.C.

International Legal Malpractice Advisors, LLC Washington, D.C. International Legal Malpractice Advisors, LLC Washington, D.C. Ethan S. Burger Preventing Legal Malpractice in Connection with International Matters What is Legal Malpractice? Professional Negligence Violation

More information

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY

More information

DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS OPINION 1991-4. August 21, 1991

DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS OPINION 1991-4. August 21, 1991 DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS OPINION 1991-4 August 21, 1991 THIS OPINION IS MERELY ADVISORY AND IS NOT BINDING ON THE INQUIRING ATTORNEY OR THE COURTS OR ANY OTHER TRIBUNAL.

More information

UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!)

UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) 34th Annual Trust and Estate Conference - USC Gould School of Law UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) INTRODUCTION

More information

ERISA Causes of Action *

ERISA Causes of Action * 1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants

More information

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006 Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by

More information

MEMORANDUM. Receive and file presentation on fiduciary insurance and/or provide follow-up direction to staff.

MEMORANDUM. Receive and file presentation on fiduciary insurance and/or provide follow-up direction to staff. ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM MEMORANDUM DATE: October 7, 2015 TO: FROM: SUBJECT: Members of the Board of Retirement Robert Valer, Chief Legal Officer Fiduciary Insurance Recommendation: Receive

More information

CHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES

CHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES 1. PURPOSE CHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES Champaign County Nursing Home ( CCNH ) has established anti-fraud and abuse policies to prevent fraud, waste, and abuse

More information

Fines, Penalties and Staying Out of Jail

Fines, Penalties and Staying Out of Jail Fines, Penalties and Staying Out of Jail What is a Covered Loss under a D&O policy? By Susanne Mast Murray and Fred T. Podolsky Directors and officers are exposed to financial liability just for doing

More information

MPRE Sample Test Questions

MPRE Sample Test Questions MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on

More information

SETTLEMENT CONSULTING

SETTLEMENT CONSULTING // COMPLEX SETTLEMENT PLANNING & CONSULTING // STRUCTURED SETTLEMENTS // ATTORNEY FEE STRUCTURES // QUALIFIED SETTLEMENT FUNDS SETTLEMENT CONSULTING // SETTLEMENT TRUSTS Your Skilled COMPLETE Settlement

More information

TEXAS STATUTES AND CODES ANNOTATED CIVIL PRACTICE AND REMEDIES CODE TITLE 6. MISCELLANEOUS PROVISIONS CHAPTER 141

TEXAS STATUTES AND CODES ANNOTATED CIVIL PRACTICE AND REMEDIES CODE TITLE 6. MISCELLANEOUS PROVISIONS CHAPTER 141 For more information please visit Strategic Capital Corporation at www.strategiccapital.com, or contact us at Toll Free: 1-866-256-0088 or email us at info@strategiccapital.com. TEXAS STATUTES AND CODES

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion:

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion: FORMAL OPINION NO 2005-158 [REVISED 2015] Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property Damage Claims Facts: Lawyer is asked to represent both the

More information

M E M O R A N D U M. The Policy provides for blackout periods during which you are prohibited from buying or selling Company securities.

M E M O R A N D U M. The Policy provides for blackout periods during which you are prohibited from buying or selling Company securities. M E M O R A N D U M TO: FROM: All Directors, Officers and Covered Persons of Power Solutions International, Inc. and its Subsidiaries Catherine Andrews General Counsel and Insider Trading Compliance Officer

More information

CRIMINAL DEFENSE AGREEMENTS

CRIMINAL DEFENSE AGREEMENTS 5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO

More information

A GUIDE TO PURCHASING LAWYER S PROFESSIONAL LIABILITY INSURANCE IN VIRGINIA

A GUIDE TO PURCHASING LAWYER S PROFESSIONAL LIABILITY INSURANCE IN VIRGINIA A GUIDE TO PURCHASING LAWYER S PROFESSIONAL LIABILITY INSURANCE IN VIRGINIA Presented By The Virginia State Bar's Special Committee on Lawyer Malpractice Insurance May 2008 The Need For Professional Liability

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-1197 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- VERNON HADDEN,

More information

Everest/WFGIA New Agent Contracting Set Up Sheet

Everest/WFGIA New Agent Contracting Set Up Sheet Everest/WFGIA New Agent Contracting Set Up Sheet WFG Code # Agent s Name: Address: Apt./Suite No.: Phone Number: E-Mail Address: Checklist: Completed Producer History Sheet (9511) Contract (3357) signed

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

HILTON HARRISBURG & TOWERS

HILTON HARRISBURG & TOWERS UNFAIR CLAIMS SETTLEMENT PRACTICES (REGULATIONS) AND PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATIONS) THEIR POTENTIAL IMPACT UPON BAD FAITH ACTIONS Presented By: Jay Barry Harris, Esquire Krista

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Keith Moran, on behalf of himself and all others similarly situated, vs. Lurcat, LLC, d/b/a Café Lurcat, Plaintiff, Defendant. No.: 10-cv-03031 (JNE/FLN

More information

Insight from Carlton Fields

Insight from Carlton Fields Insight from Carlton Fields Serving Two Masters: of Bond Sureties By Wm. Cary Wright; Matthew R. Cogburn; J. Derek Kantaskas In construction litigation, principals and sureties on payment and performance

More information

Medicare Indemnity and Defense by Federal Mandate?

Medicare Indemnity and Defense by Federal Mandate? Medicare Indemnity and Defense by Federal Mandate? Christian R. Johnson Ebanks Horne Rota Moos LLP 1301 McKinney, Suite 2700 Houston, TX 77010 (713) 333-4500 (713) 333-4600 [fax] cjohnson@ethlaw.com www.ethlaw.com

More information

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC 1 TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOT AUTHORIZED Texas Association

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL The Superior Court has authorized this notice. This is not a solicitation

More information

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations. RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall

More information

QUALIFIED SETTLEMENT TRUSTS A Useful Tool in Multi-Party Litigation

QUALIFIED SETTLEMENT TRUSTS A Useful Tool in Multi-Party Litigation 2005, Davis, Malm & D Agostine, P.C. QUALIFIED SETTLEMENT TRUSTS A Useful Tool in Multi-Party Litigation Marjorie Suisman, Esq. Davis Malm & D Agostine P.C. I. Introduction. A Designated Settlement Fund

More information

Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules

Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules ARIZONA New rules as adopted by Arizona Supreme Court to be effective 12/1/03. Rules 1.13, 5.5 and 8.5 as amended

More information

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 LawCover Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 This Policy sets out the conditions on which we agree to insure you. When reading this Policy, please note the use

More information

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled

More information

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the

More information

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

ETHICS OPINION 112314

ETHICS OPINION 112314 ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.

More information

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos?

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? May 2013 JONES DAY COMMENTARY California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? As explained in a recent Commentary (available at http://www.jonesday.com/navigating_treacherous_

More information

INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY.

INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY. INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY. I. INSURING AGREEMENTS A. INSURANCE OPERATIONS COVERAGE. We will pay on behalf of the insured

More information

Impediments to Settlement

Impediments to Settlement Impediments to Settlement W. Bruce Barrickman, Esq. 5775 Glenridge Drive Suite E100 Atlanta, GA 30328 678-222-0248 www.bayadr.com IMPEDIMENTS TO SETTLEMENT W. Bruce Barrickman, Esq. Mediation is a great

More information

In an ever changing business and social environment it has become increasingly

In an ever changing business and social environment it has become increasingly DIRECTORS AND OFFICERS INSURANCE ISSUES By: National Business Institute June 20, 2008 Howard L. Lieber FISHER KANARIS, P.C. 200 South Wacker Drive 22nd Floor Chicago, Illinois 60606 312/474-1400 In an

More information

www.shawnsteel.com Shawn Steel ServicesI 10/28/2013 The first thing we do is kill all the lawyers (Shakespeare s Henry VI)

www.shawnsteel.com Shawn Steel ServicesI 10/28/2013 The first thing we do is kill all the lawyers (Shakespeare s Henry VI) www.shawnsteel.com 1(800)-626-0003 Palos Verdes Newport Beach Visit our website! Shawn Steel ServicesI www.shawnsteel.com New Personal Injury Cases - We review any serious case in California - We travel

More information

Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers

Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,

More information

R. Scott Krause, Esq. Eccleston & Wolf, P.C. Hanover, Maryland

R. Scott Krause, Esq. Eccleston & Wolf, P.C. Hanover, Maryland ETHICAL CONSIDERATIONS IN SURETY COUNSEL REPRESENTING PRINCIPAL IN PRINCIPAL S AFFIRMATIVE CLAIM AND SURETY COUNSEL SEEKING TO RECOVER A FIDELITY LOSS FROM A THIRD PARTY INVOLVING AN INSURED S SUBSTANTIAL

More information

LAWYER-NONLAWYER BUSINESS VENTURES: A LIMITED AFFAIR. By: Devika Kewalramani

LAWYER-NONLAWYER BUSINESS VENTURES: A LIMITED AFFAIR. By: Devika Kewalramani LAWYER-NONLAWYER BUSINESS VENTURES: A LIMITED AFFAIR By: Devika Kewalramani The practice of law is a profession, not a business. One practical application of this tenet is that the New York Rules of Professional

More information

Part 15 Structured Settlement Protection Act

Part 15 Structured Settlement Protection Act Part 15 Structured Settlement Protection Act 78B-6-1501 Title. This part is known as the "Structured Settlement Protection Act." 78B-6-1502 Definitions. For purposes of this part: (1) "Annuity issuer"

More information

CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT

CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,

More information

A. For the consideration agreed below to be paid to Contractor by City, Contractor shall provide

A. For the consideration agreed below to be paid to Contractor by City, Contractor shall provide STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a Texas municipal corporation, located in Dallas County, Texas (hereinafter

More information

ARIZONA TITLE 12 - COURTS AND CIVIL PROCEEDINGS, CHAPTER 20, STRUCTURED SETTLEMENTS, ARTICLE 1, GENERAL PROVISIONS

ARIZONA TITLE 12 - COURTS AND CIVIL PROCEEDINGS, CHAPTER 20, STRUCTURED SETTLEMENTS, ARTICLE 1, GENERAL PROVISIONS 12-2901. Definitions ARIZONA TITLE 12 - COURTS AND CIVIL PROCEEDINGS, CHAPTER 20, STRUCTURED SETTLEMENTS, ARTICLE 1, GENERAL PROVISIONS In this chapter, unless the context otherwise requires: 1. "Annuity

More information

P.L. 2001, CHAPTER 139, approved July 2, 2001 Assembly Committee Substitute for Assembly, No. 2146

P.L. 2001, CHAPTER 139, approved July 2, 2001 Assembly Committee Substitute for Assembly, No. 2146 P.L. 00, CHAPTER, approved July, 00 Assembly Committee Substitute for Assembly, No. Title A. Chapter. Article 0. (New) Structured Settlements - - C.A:- to A:- - Note to - 0 0 0 AN ACT concerning structured

More information

FINANCIAL ADVISING BY ATTORNEYS. Prepared by Thomas E. Geyer Updated November 1, 2003

FINANCIAL ADVISING BY ATTORNEYS. Prepared by Thomas E. Geyer Updated November 1, 2003 BAILEY CAVALIERI LLC ATTORNEYS AT LAW One Columbus 10 West Broad Street, Suite 2100 Columbus, Ohio 43215-3422 telephone 614.221.3155 facsimile 614.221.0479 www.baileycavalieri.com FINANCIAL ADVISING BY

More information

114CSR14 WEST VIRGINIA LEGISLATIVE RULE INSURANCE COMMISSIONER SERIES 14 UNFAIR TRADE PRACTICES

114CSR14 WEST VIRGINIA LEGISLATIVE RULE INSURANCE COMMISSIONER SERIES 14 UNFAIR TRADE PRACTICES 114CSR14 WEST VIRGINIA LEGISLATIVE RULE INSURANCE COMMISSIONER SERIES 14 UNFAIR TRADE PRACTICES Section. 114-14-1. General. 114-14-2. Definitions. 114-14-3. File and Record Documentation. 114-14-4. Representation

More information

Life Insurance Law Firm Los Angeles

Life Insurance Law Firm Los Angeles Life Insurance Law Firm Los Angeles James T. Hudson is a California civil trial lawyer, specializing in insurance disputes. Mr. Hudson handles virtually all types of insurance claims: for disability income

More information

Title 24-A: MAINE INSURANCE CODE

Title 24-A: MAINE INSURANCE CODE Title 24-A: MAINE INSURANCE CODE Chapter 24-A: PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS HEADING: PL 1999, c. 268, 2 (new) Table of Contents Section 2241. DEFINITIONS... 3 Section 2242. NOTICE

More information

Nebraska Ethics Advisory Opinion for Lawyers No. 91-3

Nebraska Ethics Advisory Opinion for Lawyers No. 91-3 Nebraska Ethics Advisory Opinion for Lawyers No. 91-3 I. AS COUNSEL FOR A PLAINTIFF, AN ATTORNEY MAY NOT ETHICALLY INTERVIEW PRESENT OR FORMER EMPLOYEES OF A DEFENDANT CORPORATION IF: (a) THE EMPLOYEES

More information

Structured Settlements. February 10, 2014 Noah S. A. Schwartz, CSSC J. Douglas Merritt, CSSC Richard Montarbo (Legal) Jack Blyskal (Moderator)

Structured Settlements. February 10, 2014 Noah S. A. Schwartz, CSSC J. Douglas Merritt, CSSC Richard Montarbo (Legal) Jack Blyskal (Moderator) Structured Settlements Application in Liability and Workers Compensation February 10, 2014 Noah S. A. Schwartz, CSSC J. Douglas Merritt, CSSC Richard Montarbo (Legal) Jack Blyskal (Moderator) Today Review

More information

Insurance Coverage In Consumer Class Actions

Insurance Coverage In Consumer Class Actions This article first appeared in the October 2010 issue of The Corporate Counselor. Insurance Coverage In Consumer Class Actions John W. McGuinness and Justin F. Lavella The business world is an increasingly

More information

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor Senate Bill No. 510 Passed the Senate September 9, 2009 Secretary of the Senate Passed the Assembly August 24, 2009 Chief Clerk of the Assembly This bill was received by the Governor this day of, 2009,

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

FALSE CLAIMS ACT STATUTORY LANGUAGE

FALSE CLAIMS ACT STATUTORY LANGUAGE 33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes

More information

STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES.

STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES. STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES. Page 2 WHAT IS A STRUCTURED SETTLEMENT? A structured settlement is simply a financial tool that allows you to have a portion

More information

Errors and Omissions Insurance. 1.0 Introduction and Definition

Errors and Omissions Insurance. 1.0 Introduction and Definition Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of

More information

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS Notice: This Agreement is not valid unless signed and accepted by an officer of The Feldman Law Firm, P.C., who will make the sole decision whether to accept your case. This Agreement may be digitally

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW 1999-367 SENATE BILL 746

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW 1999-367 SENATE BILL 746 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW 1999-367 SENATE BILL 746 AN ACT TO CREATE THE NORTH CAROLINA STRUCTURED SETTLEMENT PROTECTION ACT. The General Assembly of North Carolina enacts:

More information

SENATE BILL No. 510 AMENDED IN ASSEMBLY JULY 14, 2009 AMENDED IN ASSEMBLY JUNE 24, 2009 AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE APRIL 13, 2009

SENATE BILL No. 510 AMENDED IN ASSEMBLY JULY 14, 2009 AMENDED IN ASSEMBLY JUNE 24, 2009 AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE APRIL 13, 2009 AMENDED IN ASSEMBLY JULY, 00 AMENDED IN ASSEMBLY JUNE, 00 AMENDED IN SENATE MAY, 00 AMENDED IN SENATE APRIL, 00 SENATE BILL No. Introduced by Senator Corbett (Coauthor: Assembly Member Tran) February,

More information

WHAT ACTIVITIES ARE PERMISSIBLE BY UNLICENSED AGENTS OR BROKERS IN NEW YORK. Frederick J. Pomerantz and Leonard M. Fisher, Esq. 212.490.

WHAT ACTIVITIES ARE PERMISSIBLE BY UNLICENSED AGENTS OR BROKERS IN NEW YORK. Frederick J. Pomerantz and Leonard M. Fisher, Esq. 212.490. WHAT ACTIVITIES ARE PERMISSIBLE BY UNLICENSED AGENTS OR BROKERS IN NEW YORK Frederick J. Pomerantz and Leonard M. Fisher, Esq. 212.490.3000 On October 30, 2003, Governor George Pataki announced that he

More information

CUSTOMER LIST PURCHASE AGREEMENT BY AND BETWEEN RICHARD PENNER SELLER. and S&W SEED COMPANY BUYER

CUSTOMER LIST PURCHASE AGREEMENT BY AND BETWEEN RICHARD PENNER SELLER. and S&W SEED COMPANY BUYER EXHIBIT 10.1 CUSTOMER LIST PURCHASE AGREEMENT BY AND BETWEEN RICHARD PENNER as SELLER and S&W SEED COMPANY as BUYER CUSTOMER LIST PURCHASE AGREEMENT THIS CUSTOMER LIST PURCHASE AGREEMENT ( Agreement )

More information

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION If you were injured or provided treatment for an injury and filed a claim under your Allstate Med Pay coverage, and were compensated in an amount

More information

THE STATE OF FLORIDA...

THE STATE OF FLORIDA... TABLE OF CONTENTS I. THE STATE OF FLORIDA... 2 A. FREQUENTLY CITED FLORIDA STATUTES... 2 1. General Considerations in Insurance Claim Management... 2 2. Insurance Fraud... 5 3. Automobile Insurance...

More information

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner 91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation

More information

PROFESSIONAL LIABILITY INSURANCE COVERAGE

PROFESSIONAL LIABILITY INSURANCE COVERAGE Management Advisory 2002,Victor O. Schinnerer & Company, Inc. The information presented here is for risk management guidance. It is not legal advice nor should it be construed to be a determination on

More information

Accountability Report Card Summary 2013 New Mexico

Accountability Report Card Summary 2013 New Mexico Accountability Report Card Summary 2013 New Mexico New Mexico has a pretty strong state whistleblower law: Scoring 72 out of a possible 100 points; Ranking 4 th out of 51 (50 states and the District of

More information

WAIVER OF FUTURE CONFLICTS OF INTEREST: PERMITTED IN GEORGIA?

WAIVER OF FUTURE CONFLICTS OF INTEREST: PERMITTED IN GEORGIA? WAIVER OF FUTURE CONFLICTS OF INTEREST: PERMITTED IN GEORGIA? Middle District of Georgia Bankruptcy Law Institute Friday, September 7, 2007 Macon, Georgia Clark D. Cunningham W. Lee Burge Professor of

More information

XYZ Co. shall pay $200 per hour to each of Lawyer A and Lawyer B for additional time (including travel) spent beyond the initial eight hours.

XYZ Co. shall pay $200 per hour to each of Lawyer A and Lawyer B for additional time (including travel) spent beyond the initial eight hours. LEGAL ETHICS OPINION 1715 SETTLEMENT AGREEMENT; FUTURE CONFLICTS; RESTRICTION OF LAWYER'S PRACTICE. This responds to your letter dated December 15, 1997, requesting an advisory opinion that addresses a

More information

POLICY NO. 3-80 LEGAL DEFENSE BENEFIT

POLICY NO. 3-80 LEGAL DEFENSE BENEFIT FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. POLICY NO. 3-80 LEGAL DEFENSE BENEFIT BACKGROUND: In order to provide legal defense benefits to the members of Florida P.B.A., the Board of Directors hereby

More information