Lawyers Must Exercise Caution in Responding to Online Criticism to Ensure Strict Adherence to Confidentiality Obligations

March 24, 2021

As with all industries facing increasingly vocal consumers enabled by numerous online outlets to comment on products and services, lawyers regularly find themselves targets of negative reviews or other online criticism.  However, lawyers are uniquely constrained in their ability to respond to such criticism by applicable ethical rules.  The American Bar Association (“ABA”) recently opined…

Plank v. Cherneski: Maryland Recognizes an Independent Tort for Breach of Fiduciary Duty

March 17, 2021

Does Maryland recognize a stand-alone cause of action for breach of fiduciary duty? According to the Maryland Court of Appeals’ recent decision in Plank v. Cherneski, 469 Md. 548, 231 A.3d 436 (2020), “[c]ourts and commentators have been asking this question for 23 years since this Court articulated its holding in Kann v. Kann, 344…

Risk Management Ideas in the Age of Virtual Court Appearances

March 15, 2021

Virtual court skills are now part of the ever-increasing demands upon lawyers. Trial courts and appeals courts have engaged in the use of virtual technology to allow judicial proceedings to continue notwithstanding the Coronavirus pandemic raging through the country.  Appearing virtually in court presents new and unanticipated challenges to the Bar.  Here, the experienced attorneys…

An Overview of Legal Malpractice in the District of Columbia

March 15, 2021

The District of Columbia is a generally favorable jurisdiction when it comes to defending legal malpractice claims at the motions stage. According to a significant D.C. Court of Appeals opinion from March 20, 2009, when lawyers make tactical mistakes, they should not be held liable if they acted in good faith. Where an attorney makes…

OSHA Issues COVID-19 Guidance & Standards Inspection Documents for Employee Safety

January 6, 2021

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) recently released guidance and standards relating to employee safety in the midst of the coronavirus pandemic. These documents outline the most commonly cited issues during inspections since the pandemic began in March of 2020, and provides insight on how employers should be protecting…

Jury Duty Changes to Know as Maryland Courts Reopen This Month

October 15, 2020
Gavel representing Maryland courts as they reopen this October.

This month on October 5th, Maryland resumed jury trials, hoping to bring some sense of normalcy to this tumultuous and unprecedented year. However, although some courts have reopened, it is important to note that there have been many procedural changes that vary by county. Here, the attorneys at Eccleston & Wolf discuss the changes to…

“Business Associate” to Pay $2.3 Million After HIPAA Data Breach

October 1, 2020
Website code used to represent a HIPAA data breach from CHSPSC.

On September 23, 2020, the Office for Civil Rights (OCR) within the U.S. The Department of Health and Human Services (HHS) announced that CHSPSC, LLC, or Community Health Systems, must pay a $2.3 million settlement after a data breach occurred that affected 6 million individuals. Here, Maryland, D.C., and Virginia attorneys at Eccleston & Wolf…

Maryland Adopts Daubert Standard for Expert Testimony

September 28, 2020
Witness presenting an expert testimony within court.

The law has grown for centuries, using precedence as a means of determining certain cases. Two of these cases include Frye v. United States (1923) and Daubert v. Merrell Dow Pharmaceuticals (1993), both of which relate to the admissibility of expert witness testimony.  Here, the Maryland attorneys at Eccleston & Wolf discuss the use of…

Statute of Limitations for Underinsured Motorist Claims

July 29, 2020

In Nationwide Mut. Ins. Co. v. Shilling, 468 Md. 239 (2019), the Court of Appeals of Maryland recently clarified that the statute of limitations applicable to a claim for underinsured motorist benefits does not begin to run until the insurance carrier denies the insured’s demand for benefits. What is Uninsured and Underinsured Motorist Coverage? Drivers…

Eccleston and Wolf Attorneys and Bar Counsel Conduct CLE for MSBA on Risk Management for Lawyers

July 15, 2020

On July 9, 2020, Steve Cornelius, Al Frederick and Glenn Grossman from the Law Offices of Eccleston and Wolf, conducted a live webinar with Bar Counsel, Lydia Lawless, for a review of risk avoidance issues and techniques for lawyers on the subjects of social media, liens, escrow management and other topics.