Author Archives › Whitney Waldenberg
Important Proposed Changes to HIPAA and HITECH Act: Comment Now!
March 1, 2021
The federal government is proposing significant changes to the regulations governing health care records that could affect you as a consumer, health care professional, or…more

Getting to “Nope!”
November 3, 2018
Like many young associates, when I first started practicing, I was eager to prove my worth, show the partners and senior associates at my firm…more

Harness the Power of Feedback
February 15, 2018
When we think about communications with our clients, we are often focused on our obligations under Rule 1.4 of the North Carolina Rules of Professional…more

When the Golden Rule Becomes a Local Rule
January 23, 2018
If you know a party is represented, must you notify opposing counsel before you seek an entry of default and default judgment against his or…more

Spoliation and Social Media
August 22, 2017
We have received a lot of questions about whether an attorney may advise his or her client to delete Facebook posts or Tweets in anticipation…more

Money Gone Missing: When a Third Party Steals Trust Funds
May 31, 2016
Under Rule 5.3, a lawyer has an obligation to properly supervise nonlawyer assistants who have access to the trust account. Thus, if that nonlawyer assistant…more

Think Twice Before Using a Liquidated Damages Clause
May 4, 2016
NC courts generally give broad deference to parties entering into a contractual relationship to negotiate the terms of the contract, including legal remedies against each…more

Space for Rent: Ethical Considerations for Office Sharing
December 28, 2015
Starting a law firm partnership is a good way to share responsibilities and expenses, but you also share liability for your partners’ conduct and potential…more

Keep an Eye Out for Changing Trust Accounting Requirements
July 15, 2015
Over the last several years, the State Bar has made a concerted effort to step up enforcement concerning supervision of trust accounts, so it is…more

To Represent or Not Represent: Either Way, Put it in Writing
April 22, 2015
An article on Law360 makes a persuasive argument for engagement letters and provides: Law firms facing malpractice claims are often the victims of their own…more
