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Photo of Lawyers for the Profession® Edward F. Donohue III
Partner
edonohue@hinshawlaw.com
415-362-6000
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Edward Donohue is a business litigator who primarily represents business professionals, real estate, insurance and financial services …

Showing 4 posts by Edward F. Donohue III.

Practitioners -- Time to Update Your Client Arbitration Agreements (Pt. III)

          Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes.  In recent years some have learned the hard way that their agreements do not comply with consumer protection rules that have developed in recent years.  The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable.  In some cases attorneys will find that their arbitration agreements are wholly unenforceable.

Ed. Note: The remainder of the post is the continuation of Ed Donohue's discussion of arbitration agreements between clients and lawyers, posted originally on June 20, 2016 and June 28, 2016. We'll pick it up where we left off, in mid-outline... More ›

Practioners -- Time to Update Your Client Arbitration Agreements, Part II

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes.  In recent years some have learned the hard way that their agreements do not comply with consumer protection rules that have developed in recent years.  The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable.  In some cases attorneys will find that their arbitration agreements are wholly unenforceable.

Ed. Note: The remainder of the post is the continuation of Ed Donohue's discussion of arbitration agreements between clients and lawyers, posted originally on June 20, 2016. We'll pick it up where we left off, in mid-outline... More ›

Time to Update Your Client Arbitration Agreements (Pt. 1)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes.  In recent years some have learned the hard way that their agreements do not comply with consumer protection rules that have developed in recent years.  The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable.  In some cases attorneys will find that their arbitration agreements are wholly unenforceable. More ›

Court Holds that Transactional Lawyers have a Duty to Volunteer Proactive Advice

In Peterson v Katten Muchin Rosenman, LLP, 2015 WL 4092323 (7th Cir. July 7, 2015) the Seventh Circuit Court of Appeals reversed the dismissal of a legal malpractice case brought by a bankruptcy trustee. Rejecting what has sometimes been referred to as the "limited engagement defense", the Court held the firm had an affirmative duty to advise on the risks of entering a purportedly securitized factoring relationship without sufficient security agreements to both verify and collect against the underlying collateral.   More ›