PK Law Member, Patricia McHugh-Lambert will be speaking at the Harmonie Winter Conference on January 29, 2016. The topic of Ms. Lambert’s presentation is tips for dealing with unreliable witnesses at depositions and trial.
PK Law is a proud and active member of the Harmonie Group. The Harmonie Group is an invitation only national network of elite and vetted firms providing defense services to corporations, TPA’s, insurance companies, RRG’s and captives. Each firm must meet the group’s high standards, ethics and values before being invited to join.
Pessin Katz Law, P.A. (PK Law) is honored to have twenty- five of its attorneys selected for inclusion in Super Lawyers Magazine’s top attorneys in Maryland for 2016.
PK Law’s 2016 Super Lawyers are
PK Law’s 2016 Rising Stars are
Only 5 percent of the lawyers in Maryland are identified as Super Lawyers by their peers and through the independent research of Law & Politics. PK Law has been honored over the past years to have numerous members and associates named as Super Lawyers and Rising Stars.
We congratulate these attorneys as this shows their dedication to PK Law clients and professionalism within the legal field.
For the fourth year in a row, PK Law was selected one of the Baltimore Sun’s Top 100 Workplaces.
The selection was based on information gathered from surveys taken by the firm’s employees. The survey solicited information about work/life balance, managers, pay and benefits, where the company is headed, execution, connection and engagement. PK Law was among an impressive group of companies and was one of only three law firm’s among the 100 workplaces for 2015.
By: Talley H-S Kovacs, Esquire email@example.com
Does your business provide a service and operate pursuant to contracts with vendors or sub-contractors?
Talley’s tip: If so, take a second or third look at your contracts to make sure that you are getting the appropriate level of indemnity from your business partners for liability that might arise out of your joint endeavors.
For example, imagine a company that delivers mattresses for a national retailer and who sub-contracts with trucking companies to physically retrieve the mattress from a warehouse and deliver to a consumer at their home. You and your employees might play no part in the physical delivery of the mattress, or even the installation of the mattress, but be assured, you will be in the chain of named defendants in a lawsuit should something go awry. In the event that the delivery company causes damage to the house on the way in or out or someone is injured because the installation was not done properly, your company- as the middle man- might not be ultimately liable, but you will be part of the claim, if not the lawsuit.
So, what should you do?
First, look at your contracts. There should be a discrete provision called “Indemnity.” That clause should state explicitly, in plain language if possible, that your company is not liable for the acts or omissions of the other party to the contract. Both sides of the contract should be defined broadly to include employees, agents, officers, members, etc. You want to cut off the possibility that someone else’s negligence while executing work for you or on your company’s behalf does not come back the chain and stick to you.
Second, look at your contracts. There should be a discrete provision called “Insurance.” That clause should, again explicitly and in plain language, state that the vendor or sub-contractor working with you has commercially acceptable levels of insurance and that your company is explicitly named as an “Additional Insured” on their policies where appropriate. There are a couple of ways to go about this, and a lawyer can help.
Third, look at your contracts. If the words “Indemnity” and “Additional Insured” do not make an appearance, it’s time to revisit your exposure to risks in your business and determine whether you could be doing more to protect your company.
Tally H-S Kovacs is a member of PK Law’s General Litigation Group. Her practice currently focuses on complex civil litigation, insurance coverage disputes, and business litigation. Ms. Kovacs worked in public policy, homeland security, and public health, and clerked for the Honorable Clayton Greene, Jr. on the Maryland Court of Appeals prior to entering private practice with PK Law, PA. Ms. Kovacs can be reached firstname.lastname@example.org or 410-339-5798.
This information is provided for general information only. None of the information provided herein should be construed as providing legal advice or a separate attorney client relationship. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney of your choice about your particular situation. While PK Law has taken reasonable efforts to insure the accuracy of this material, the accuracy cannot be guaranteed and PK Law makes no warranties or representations as to its accuracy.