On August 25, 2021, Senior Associate Kevin D. Clinton was one of the presenters at Primerus’s Professional Liability Virtual Seminar. Kevin discussed New York’s Executive Orders issued during the COVID-19 pandemic and their ambiguous language. The Orders have sparked debate among New York practitioners as to whether the Orders imposed tolls, or suspensions, of certain civil practice time limits. Kevin addressed recent New York appellate case law, which set forth the position that the Executive Orders amounted to tolls. The tolling versus suspension issue will continue to be litigated in New York appellate courts, with the potential for malpractice claims against attorneys who missed litigation deadlines because they thought the deadlines were suspended, rather than tolled. Kevin reported on the massive increase in both the number of legal malpractice claims and the amount of payouts by legal malpractice insurers. He concluded with advice to firms on how to avoid legal malpractice liability.
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Kevin is a senior associate in the firm’s New York City office and executive committee member of Primerus’s Professional Liability practice group and Labor and Employment practice group. His practice focuses on the defense of employers in all manner of cases, including those alleging discrimination, harassment, retaliation, discharge and demotion. He also defends clients in administrative proceedings at the federal, state and municipal levels and represents employers in wage and hour audits and litigation.