Firm News

2013
Dec
23
FKB Client Advisory by Andrew S. Kowlowitz and Bain R. Loucks

FKB Legal Malpractice Advisory: Settler’s Remorse and Subsequent Claims for Legal Malpractice Dear Clients and Colleagues: In the context of civil litigation, it is fairly well known that most cases eventually settle, or otherwise resolve some time prior to trial. When a litigant elects to settle, it is not uncommon for that party to experience […]

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Dec
23
FKB’s Patrick J. Brennan obtains directed verdict in Nassau County Supreme Court in a legal malpractice action against a prominent plaintiff’s personal injury law firm.

FKB’s Patrick Brennan obtained a directed verdict on behalf of a prominent plaintiff’s personal injury law firm at the close of the plaintiff’s case in a legal malpractice trial before Justice F. Dana Winslow in Nassau County Supreme Court. The central issue in this legal malpractice action was whether FKB’s client departed from the acceptable […]

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Dec
18
FKB Client Advisory by Andrew R. Jones

FKB Professional Liability Practice Alert: Two Recent Decisions show New York State is Solidifying its Position as a Jurisdiction that Permits Insurers to Recoup Underlying Litigation Costs. When disclaiming coverage, insurers may attempt to recover costs paid defending the underlying claim in subsequent declaratory judgment proceedings. Although many states reject insurers’ rights to seek reimbursement […]

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Dec
12
FKB Client Advisory by Andrew R. Jones and Evan W. Bolla

December 12, 2013: FKB Client Advisory by Andrew R. Jones and Evan W. Bolla. Re: DLJ Mortgage Capital Inc. v. Thomas Kontogiannis, Chicago Title Insurance Company, et. al.: New York Court of Appeals holds that third-party purchasers of mortgages on the secondary market cannot rely on pre-closing documents to establish a proper conveyance or that […]

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Dec
02
FKB Client Advisory by Andrew S. Kowlowitz

December 2, 2013: FKB Client Advisory by Andrew S. Kowlowitz. Re: FKB Accountant Malpractice Advisory: New York Courts utilize the “Tooley” derivative/direct standing test to preclude claims brought by non-clients against accountants Dear Clients and Colleagues: In the context of accounting malpractice, the general rule is that non-clients do not have standing to assert a […]

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Nov
14
FKB’s Michael Furman Andrew Featured Speakers 2013 NYC Bar 10th Annual Law Firm Practice Management Symposium.

On Thursday, November 14, 2013, FKB’s Michael Furman and Andrew Jones spoke at the New York City Bar Association’s 10th Annual Small Law Firm Practice Management Symposium, with their topic entitled: “Worst Case Scenario – The Do’s and Don’ts of Case Selection, Management and Client Communications.” Michael and Andrew prepared and provided a live demonstration […]

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Oct
29
FKB’s Patrick J. Brennan gave a presentation at the American Society for Healthcare Risk Management annual conference in Austin, Texas.

Patrick J. Brennan gave a presentation at the American Society for Healthcare Risk Management annual conference on October 29, 2013 in Austin, Texas. The presentation, entitled “The Patient Grievance Process and Preserving Confidentiality”, was attended by well over 450 people and discussed federal regulations and interpretive guidelines governing hospitals’ responses to patient’s complaints regarding quality […]

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Oct
18
FKB’s Mike Furman was a lecturer at the New York State Bar Association CLE- “Protecting Your Practice- Risk Management 101 for Lawyers” in NYC.

FKB’s A. Michael Furman was a featured speaker at the New York State Bar Association CLE- “Protecting Your Practice- Risk Management 101 for Lawyers” at the New Yorker Hotel in NYC. Mike Furman lectured on the topic of “Competency in Area of Practice & Insurance Considerations” along with Mike Mooney of USI Affinity. Click here […]

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Oct
10
FKB’s Andrew Jones and Izabell Lemkhen were featured speakers at the 2013 Professional Liability Defense Federation Annual Meeting in Chicago, Illinois.

On Thursday, October 10, 2013, FKB’s Andrew Jones and Izabell Lemkhen, spoke at the 2013 Annual Meeting and CLE/CEU Presentation of the Professional Liability Defense Federation. Andrew and Izabell, along with Erin Higgins, Esq. and Timothy Gephart, CPCU, lead an interactive discussion regarding common ethical and practice issues raised by representation. Specifically, Andrew and Izabell […]

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Aug
30
FKB’s Andrew S. Kowlowitz featured as columnist in the New York Law Journal.

Tools for Recovery of Unpaid Legal Fees Andrew S. Kowlowitz New York Law Journal August 30, 2013 An important risk-management issue for lawyers involves ethically and effectively securing payment of unpaid fees from current or former clients. This issue is especially prevalent where there is a breakdown in the attorney-client relationship and the lawyer either […]

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Aug
08
Patrick J. Brennan Wins Post-Trial Motion to Dismiss Medical Malpractice Action.

FKB’s Patrick J. Brennan obtained dismissal of medical malpractice claims, following a two-week trial in Bronx County Supreme Court that resulted in a jury verdict for the plaintiff.  The focus of the trial centered on whether a surgeon committed malpractice when he injured the plaintiff’s right common iliac artery during a laparoscopic gallbladder removal procedure. […]

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Aug
05
FKB’s Andrew S. Kowlowitz and Partnership Dispute Litigation team, obtains summary judgment for a matrimonial law firm and secures judgment in excess of $200,000 for unpaid legal fees.

FKB’s client is a matrimonial law firm, who was previously retained by the defendant/client in a divorce proceeding. Pursuant to the retainer agreement, the defendant agreed to pay the firm based upon its regularly established hourly rates. The firm rendered extensive legal services on behalf of the defendant, and mailed invoices on various occasions requesting […]

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Jul
25
FKB’s Neil Kornfeld obtains a Defense Verdict in Supreme Court, Richmond County in a medical malpractice action.

FKB’s Neil Kornfeld obtains a Defense Verdict on 7/25/13 in Supreme Court, Richmond County in a medical malpractice action. The case involved allegations that the defendant doctor failed to refer and properly treat plaintiff’s diabetic ulcer. The plaintiff underwent a partial heel resection and extended treatment due to healing problems. The defense was able to […]

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Jul
12
FKB’s Andrew S. Kowlowitz obtains dismissal of a legal malpractice action brought against FKB’s client in the Southern District of New York.

FKB’s Andrew S. Kowlowitz obtains a dismissal of legal malpractice action against a New York law firm, including a partner and associate of the firm, in connection with its legal representation of a condominium board and the individual unit owners in an action against the builder and developer of the condominium building. During the underlying […]

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Jun
21
FKB Client Advisory by Andrew R. Jones

The Scope of Documents a Court may Consider Under CPLR 3211(a)(1) Two recent New York cases hold that Courts can properly dismiss legal malpractice actions, pre-discovery, based upon the “documentary evidence” of underlying pleadings, testimony, and affidavits. Warshaw Burstein Cohen Schlesinger & Kuh, LLP v. Longmire: The Appellate Division, First Department Affirms Dismissal of a […]

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Jun
21
FKB Client Advisory by Andrew R. Jones

FKB Client Advisory by Andrew R. Jones . FKB Professional Liability Practice Alert: New York’s Highest Court rules that a liability insurer who improperly disclaims coverage and declines to defend an insured is precluded from later asserting otherwise valid indemnity coverage exclusions. (“An insurance company that has disclaimed its duty to defend ‘may litigate only the […]

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Jun
11
FKB’s Andrew S. Kowlowitz Obtains Dismissal of a Legal Malpractice Action Brought Against a Real Estate Attorney in the New York County Supreme Court.

FKB’s Andrew S. Kowlowitz obtains dismissal of a claim for legal malpractice action arising from an underlying purchase of a Cooperative apartment in Manhattan. FKB’s client are a New York City law firm and its partners. The Firm was retained to represent the Plaintiffs, purchasers of a Cooperative apartment on the Upper West Side of […]

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May
29
FKB Client Advisory by Andrew Jones and Evan Bolla – U.S. Supreme Court holds that State Courts may decide legal malpractice claims involving underlying patent law issues.

May 29, 2013: FKB Client Advisory by Andrew Jones and Evan Bolla – U.S. Supreme Court holds that State Courts may decide legal malpractice claims involving underlying patent law issues. FKB Professional Liability Practice Alert: The U.S. Supreme Court in Gunn v. Minton has held that State Courts can decide legal malpractice claims involving underlying […]

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Apr
25
Andrew Jones And Florence Lishansky Lecture At The 2013 Annual Professional Fiduciary Association of California Conference in Monterey, California

FKB’s Andrew R. Jones and Florence N. Lishansky Lectured at the 2013 Annual Professional Fiduciary Association of California (PFAC) Conference in Monterey, California. The Conference took place from April 23 – April 27, 2013. Andrew and Florence, along with guest panelists Larry Hilton, Esq. and Sheri Sudweeks, Esq. discussed Risk Management & Insurance Coverage considerations […]

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