ABA Issues New Formal Opinion on Electronic Information Safety

American Bar Association pic

American Bar Association
Image: americanbar.org

Since 2006 Lisa M. Nousek has served as partner at Boies, Schiller & Flexner, LLP, where she litigates state, federal, and appellate cases. An accomplished attorney, she was recognized as Super Lawyer’s Rising Star in the New York Metro area in 2013. Additionally, Lisa M. Nousek is a member of the American Bar Association.

The American Bar Association recently released an official document that further elaborates on best practices regarding client confidentiality when sending and receiving information via electronic avenues. The document, Formal Opinion 477, was developed in light of new advances in information technology and the ways in which information is shared. It is an expansion of Formal Opinion 99-413, released nearly two decades ago.

According to FO 477, every instance of stored client information on a device or online creates an ethical impetus on the attorney to protect the confidentiality of that information. The guidance offers lawyers practical steps to securing this information. Additionally, it recommends informing clients of the risks involved in transmitting information electronically to their attorney.


NYSBA Offers Online Referral Tool


Image: NYSBA.org

For more than a decade, Lisa M. Nousek has served as a partner with Boies, Schiller & Flexner LLP, based in Armonk, New York. In conjunction with her legal practice, Lisa M. Nousek is an active member of the New York State Bar Association.

New York residents now have a new tool at their disposal when they need to find a nearby lawyer that can help with their specific legal issues. The New York State Bar Association, in a joint effort with Legal.io, has launched a web portal that individuals can use round-the-clock.

The new website, nysbalris.legal.io, offers a simple, confidential process. Clients will need to fill out a brief questionnaire highlighting their specific legal questions, and to provide the area of New York State in which they currently reside. NYSBA staff will review the responses and refer issues to attorneys practicing in close proximity to the customers. The referral service is offered at no cost to users. There is a $35 fee if a client chooses to have a 30-minute consultation with a lawyer referred through the site. There is, however, no obligation to retain that specific lawyer as counsel.

The NYSBA’s 13th Annual International Estate Planning Institute


New York State Bar Association pic

New York State Bar Association
Image: step.org

A partner at Boies, Schiller & Flexner LLP, Lisa M. Nousek practices complex civil litigation and commercial law. Active in her broader professional community, Lisa M. Nousek maintains membership in the New York State Bar Association, which will hold its 13th Annual International Estate Planning Institute on March 23 and 24, 2017.

The 13th Annual International Estate Planning Institute will take place at the Crowne Plaza Times Square in New York City. The event brings together estate and trust practitioners, investment advisors, tax attorneys, accountants, and bankers from around the globe to listen as the leading thinkers in their fields discuss developments in a number of areas related to estate planning, including cross-border planning. In addition, the event will provide opportunities for attendees to network and ask faculty questions related to estate planning.

The institute offers attendees 13 Minimum Continuing Legal Education credits, 12 in the Professional Practice category and one in the area of Ethics. Further, certified public accountants in New York and New Jersey can earn two Continuing Professional Education credits.

Lisa Nousek pic

Lisa Nousek Listed among Super Lawyers’ Top Rated Litigation Attorneys

Lisa Nousek pic

Lisa Nousek
Image: bsfllp.com

Lisa M. Nousek serves as a partner at Boies, Schiller & Flexner in Armonk, New York, where she represents clients in appellate courts and federal and state trials. A successful attorney with a record of numerous court wins, Lisa M. Nousek ranked among Super Lawyers’ Top Rated General Litigation Attorneys in Armonk. Additionally, she was selected for its Rising Stars recognition from 2013 to 2015.

A rating service of outstanding attorneys across the country in over 70 practice areas, Super Lawyers honors lawyers that achieve a high degree of peer recognition and professional achievement. It publishes the names of those who are recognized in the annual Super Lawyers Magazine and through special sections in leading regional and city magazines nationwide. Furthermore, lawyers aged 40 and below with less than 10 years of experience in their practice are eligible for recognition as Rising Stars, who account for 2.5 percent of attorneys named by Super Lawyers.

Super Lawyers uses a comprehensive, patented selection process to determine which lawyers make its final listing. The selection process consists of a five-step procedure that incorporates peer nominations, independent research, and peer evaluations. During the independent research phase, judges evaluate candidates according to 12 indicators of peer recognition and professional achievement.

Types of Product Liability

Recipient of the New York Metro Area Rising Star award, Lisa M. Nousek handles complex civil litigation at Boies, Schiller, & Flexner LLP. Now largely focused on commercial litigation, Lisa M. Nousek previously worked in the area of product liability law.

Product liability law offers consumers a form of recourse for injuries sustained from using defective and dangerous items. The law is designed to hold parties–such as manufacturers, wholesalers, and retail stores–within a chain of distribution responsible for failures related to making or selling a safe product.

In terms of defects, there are three types. A design defect occurs before manufacturing and takes into account plans for producing an item. A plaintiff must prove a design has an error or flaw that resulted in the production of an unreasonably dangerous product. Additionally in some states, the plaintiff must show how risk could be reduced with an alternative design.

A manufacturing defect happens during the creation and assembly of a product. Unintentional, manufacturing defects may involve substandard manufacturing practices or contamination during production. A plaintiff’s goal is to show that despite careful manufacturing processes, a product that deviated from its intended design was sold to consumers, thus resulting in an injury.

Marketing defects involve failure to properly label or provide safety warnings for a product. In addition, providing insufficient instructions are grounds for a product liability case. A manufacturer that does not warn users of hidden dangers or supply consumers with clear instructions to avoid hazards is liable for injury caused during the use or misuse of its product.

Strict Liability Fault in a Product Liability Lawsuit

Lisa M. Nousek has worked as a partner at Boies, Schiller & Flexner LLP in Armonk, New York, for nearly a decade. As an attorney with the firm, Lisa M. Nousek represents clients in complex civil litigation, such as product liability cases.

Some of the nation’s most notable product liability cases involve settlements in the hundreds of millions of dollars. In order to achieve a successful verdict in a product liability case, plaintiffs must prove that fault lies with the defendant and that physical or property damages have been rendered through some form of negligence. In determining fault, defendants may often argue on the basis of strict liability fault.

A case of strict liability may be charged against a company or manufacturer if a product meets three basic qualifications. First, any potentially dangerous defect charged to the product must be deemed unreasonably so, and must have resulted in some kind of injury for the user. Second, any injury or damage caused by the defect must have occurred while the product was being used in accordance with instructions and for its intended purpose. Finally, the product should not differ in any substantial way from how it appeared and functioned on first use. For example, strict liability may fail when considering a product that had been used for several years and needed to be replaced.

A defendant charged with strict liability during a product liability case often relies on the awareness of defect defense. Under this defense, businesses and manufacturers contest that the user knew about the defect or poor condition of the product and continued to use it anyway. An awareness of defect defense argues that in doing so, the consumer has waived his or her rights to personal damages.