Mock Mediation

Title:
Mock Mediation

Date:
April 22, 2010

Description:
The Donovan Hatem LLP Professional Practices Group and DH Consulting Group LLC, a subsidiary of Donovan Hatem, presented a mock mediation to facilitate the resolution of responsibility for technical issues that the Owner believed were caused by the Design Professional. The case involved alleged damages from errors and omissions by the Designer, which were discovered by the Owner when the building was being repaired for unrelated damages several years after the building was constructed.

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Design Professional White Paper: “Green and Sustainable Design Part 1: Professional Liability Risk and Insurability Issues for Design Professionals”

Whitepaper by David J. Hatem, PC

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Review of Key Cases Involving Design Professionals

Title:
Review of Key Cases Involving Design Professionals

Date
March 25, 2010

Description:
Donovan Hatem LLP panelists, David Corkum, Eric Howard, and Matthew Tuller, provided an overview of seminal court decisions in Massachusetts that have defined the legal roles, duties and obligations of design professionals. Attendees learned the difference between common law (court decisions) and contract law and the duties imposed by common law versus duties assumed under a contract. Attendees heard an overview of the design professional’s standard of care as defined by Massachusetts courts,

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“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”

Legal Perspectives column, March 2010, STRUCTURE Magazine

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Neal Glick Elected to Wellesley Planning Board

Neal B. Glick, a partner with extensive experience in land use, environmental law, and real estate development and finance, has been elected to the Planning Board of the Town of Wellesley.

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Roles of Experts in Resolution of Claims, New York

Title:
Roles of Experts in Resolution of Claims

Date:
February 4, 2010

Description:
In this Roundtable, we discussed the role of the expert witness as a consultant to an attorney and as a provider of technical testimony on behalf of the client. We discussed the expectations an attorney may have for his/her experts and how these play out in mediation, arbitration and litigation.The common work of an expert witness, tips on how to avoid litigation and embarrassing discovery,

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The Design and Construction Management Professional Reporter: February 2010

Inside this issue:

Project-Specific Insurance Advisory: Recent Problematic Trends in Project-Specific Professional Liability Insurance Programs

By David J. Hatem, PC

Recent New York Office Summary Judgment Victories

California Supreme Court and New Mexico Court of Appeals Strictly Interpret the Defense Obligation Routinely Found in Indemnity Provisions

By Michelle R. Epstein, Esq.

Mississippi Court Affirms Decision in Favor of Architect Whose Design Did Not Meet OSHA Regulations

By Rita C. Mercado, Esq.

Florida Court of Appeals Further Restricts Applicability of Limitation of Liability Provisions in Professional Services Contracts

By Peter C. Lenart, Esq.

Substantive Differences Between New Jersey and New York Regarding Arbitrators’ Interpretation of the Issues to be Resolved

Hawaii Court Finds No Duty of Care to Seller

By Sa’adiyah Masoud, Esq.

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The Accountant/Attorney Liability Reporter: February/March 2010

Accountant Liability for Third Party’s Embezzlement

By Cheryl A. Waterhouse, Esq.

Threat of Tax Liability Enough to Hold Accountant Liable

By Michelle R. Epstein, Esq.

Illinois Judge Allows Bankruptcy Trustee Another Chance to Hold Auditor Liable for Fraud

By Justin M. Jagher, Esq.

Existence and Potential Waiver of the Accountant-Client Privilege

By Douglas M. Marrano, Esq.

Court Dismisses Securities Fraud Claim Against Law Firm

By Mark D. Szal, Esq.

New York Court Awards Judgment to Homeowner Against Attorney Over Bankruptcy Advice

By Douglas M. Marrano, Esq.

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“Cost Estimates, Project Budgets, and the Structural Engineer”

Legal Perspectives column, January 2010, STRUCTURE Magazine

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Roles of Experts in Resolution of Claims, Boston

Title:
Roles of Experts in Resolution of Claims

Date
January 14, 2010

Description:
In this Roundtable, Donovan Hatem LLP partner, Jack Connarton, discussed the role of the expert witness as a consultant to an attorney and as a provider of technical testimony on behalf of the client. Jack discussed the expectations an attorney may have for his/her experts and how these play out in mediation, arbitration and litigation.The common work of an expert witness, tips on how to avoid litigation and embarrassing discovery,

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“Managing Your Practice in a Down Economy”

Legal Perspectives column, December 2009, STRUCTURE Magazine

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Alert: New Indemnification Language in Connecticut State Courts

Architects and Engineers providing services to public owners in Connecticut need to be aware of recent changes in State contracting practices.

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“Structural Design Delegation”

Legal Perspectives column, November 2009, STRUCTURE Magazine

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The DH Benchmark: Winter 2009

Inside this issue:

Under the Limbo Stick—How Low Can You Go?

By Sarah K. Willey, Esq.

General Contractor Held Liable for Harassment Directed at Non- Employee on Job Site

Massachusetts Court Rules Gender Discrimination Law Applies to Businesses with Fewer than Six Employees

By Douglas M. Marrano, Esq.

How Can Employers Save Money on Health Insurance?

By Joseph Russo, CEBS, LIA

“Rank-And-File” Employee Not Subject to Fiduciary Duty Rule, Says Federal Court
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Liability Issues in LEED (New York)

Title:
Liability Issues in LEED

Date:
October 29, 2009

Description:
Donovan Hatem LLP attorneys Sue Yoakum, AIA, Esq. andStephen Kesselman, Esq. led this discussion focusing on managing risks associated with LEED projects, contractual terms and conditions in LEED agreements as well as what to avoid and consider for LEED contracts. Sue and Steve also discussed the professional liability risks associated with green design and LEED, a review of AIA LEED contract terms and recent cases relating to LEED.

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Liability Issues in LEED (Boston)

Title:
Liability Issues in LEED

Date:
October 22, 2009

Description:
Donovan Hatem LLP attorneys Amanda Sirk, Esq. and Stephen Kesselman, Esq. led this discussion with a focus on managing risks associated with LEED projects, contractual terms and conditions in LEED agreements as well as what to avoid and consider for LEED contracts. Amanda and Steve also discussed the professional liability risks associated with green design and LEED, a review of AIA LEED contract terms and recent cases relating to LEED.

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Donovan Hatem LLP Attorneys Recognized as 2009 Massachusetts Super Lawyers and Rising Stars

Law & Politics has named three Donovan Hatem partners Massachusetts Super Lawyers for 2009.

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The Design and Construction Management Professional Reporter: October 2009

Inside this Issue

Analysis of Best Practices in the Management of Design Errors and Omissions

By Justin M. Jagher, Esq.

Recent Court Interpretations of the Economic Loss Doctrine

By Marc A. Cohen, Esq.

Design Professionals Dismissed from Two New Hampshire Lawsuits

By John W. Dennehy, Esq.

Georgia Court Upholds the Validity of an Owner-Design Professional Contractual Liability Limitation Provision

By Kristina S. Raevska, Esq.

The Alabama Supreme Court Affirms General Contractor’s Recovery from Testing Engineer

By Samuel R. Pierce, Esq.

Megaproject Issues and Challenges: Some Informal Remarks

By David J. Hatem, PC

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The Accountant/Attorney Liability Reporter: October 2009

Inside this Issue

The Basics of Accountant Malpractice: Things Every Accountant Should Know

By Douglas M. Marrano, Esq.

The Importance of Engagement Letters

By Brian C. Newberry, Esq.

State Law Determines Whether Third-Party Suit Against Auditor Survives

By Justin M. Jagher, Esq.

Continuous Representation Doctrine in New York

Agreement to Extend Time to Sue Upheld

By Michelle R. Epstein, Esq.

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Roles and Responsibilities, Risk Allocation and Professional Liability Exposure in the Collaborative World of BIM and Integrated Project Delivery: Business as Usual or Fundamental Change? (New York)

Title:
Roles and Responsibilities, Risk Allocation and Professional Liability Exposure in the Collaborative World of BIM and Integrated Project Delivery: Business as Usual or Fundamental Change?

Date:
September 24, 2009

Description:
In recent years, Owners have been investigating and implementing new and innovative ways to reduce costs, improve productivity, and reduce conflict and adversity in the design and construction process. They are more frequently looking to new methods of delivering A/E/C services, such as IPD and new tools such as BIM. 

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