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Matthew Flanagan

Co-Chair, Disciplinary Board Representation Practice Group

Portrait of Matthew Flanagan

Matt is a highly skilled litigator with over 30 years of trial and appellate experience and serves as Co-Chair of the firm's Disciplinary Board Representation Practice Group. His practice is concentrated on the defense of lawyers against malpractice actions, Judiciary Law 487 claims and grievances. He also defends other professionals and handles general litigation matters on behalf of corporate clients. He has successfully tried cases in New York City and its surrounding counties and has secured dozens of victories in attorney liability cases in New York State’s appellate courts.

With a career-long focus on professional liability litigation, Matt lectures throughout the state on legal malpractice prevention and defense, ethics and professional responsibility. His articles relating to attorney ethics have been cited in the authoritative codification of the laws of New York, as well as New York’s leading treatise on the Rules of Professional Conduct.

Among his numerous professional memberships, he is President of the Theodore Roosevelt American Inn of Court and is a member of the New York State Bar Association's Law Practice Management and Insurance Committees. He is a longtime member of the Nassau County Bar Association and served as Chair of the Association’s Ethics Committee from 2019 to 2022. He is also a longtime member of the American Bar Association.

Matt has been recognized annually as a New York Metro Area Super Lawyer for over a decade and is rated AV Preeminent™ by Martindale-Hubbell, the highest peer-review ranking for an attorney's professional and ethical competence. A graduate of St. John's University School of Law and Fordham University, he is admitted to practice before the courts of the State of New York, the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.

    • St. John's University School of Law (J.D., 1992)
    • Fordham University (B.A., 1989)
    • New York, 1993
    • U.S. District Court Eastern District of New York, 1993
    • U.S. District Court Southern District of New York, 1993
    • U.S. Court of Appeals 2nd Circuit, 1996
    • AV® Preeminent™ by Martindale-Hubbell®
    • New York Metro Area Super Lawyer (2012-2026)
    • American Bar Association (2007-Present)
    • Nassau County Bar Association (1999-present); Ethics Committee (2011-present); Ethics Committee Chairman (2019-2022)
    • New York State Bar Association (1999-present); Law Practice Management & Insurance Committees (2011-present)
    • St. John’s University Alumni Association, Nassau Chapter (2000-present); President (2017-2020)
    • Theodore Roosevelt American Inn of Court, (2011-present); President (October 2023-present)
  • Trends In Claims, Marshall Dennehey Client Presentation, May 5, 2026

    The Art of Mediation, Marshall Dennehey Client Presentation, May 5, 2026

    Attorney Discipline, Theodore Roosevelt American Inn of Court (with program chairs Hon. Randall Eng, Appellate Division, Second Department (ret.), and Hon. Helen Voutsinas, Appellate Division, Second Department), November 15, 2023

    Risk Management and the Rules of Professional Conduct, Nassau County Bar Association, May 12, 2022

    Cybersecurity: Are You and Your Firm Compliant: A Checklist for Lawyers, Joint Presentation of Nassau County Women’s Bar Association and Nassau County Bar Association Ethics Committee, March 3, 2020

    Navigating Malpractice and Ethical Concerns for Trusts and Estates Attorneys, St. John’s University School of Law Continuing Legal Education Weekend, February 8, 2020

    Legal Malpractice: Elements & How to Avoid It, Suffolk Academy of Law, December 12, 2019

    Legal Malpractice: Reducing Your Risk and Strengthening Your Defense, St. John’s University School of Law Spring Continuing Legal Education Weekend, February 10, 2018

    Lawyers’ Ethics: Escrow Accounts (with Hon. Leonard Austin, Appellate Division, Second Department), Theodore Roosevelt American Inn of Court, December 12, 2017
    Judicial Ethics, What’s a Judge to Do? (with Hon. Vito DeStefano and Hon. Randy Sue Marber, Supreme Court, Nassau County), Theodore Roosevelt American Inn of Court, April 27, 2017

    Legal Malpractice: Professional Liability Claims, Litigation Strategies and Attorney Discipline Procedures, New York State Bar Association, Melville, New York, March 31, 2017

    Attorney Ethics: A Discussion of the New Statewide Procedures for Attorney Discipline Matters (with Abraham Krieger, Chairman of Grievance Committee for 10th Judicial District), St. John’s University School of Law Continuing Legal Education Weekend, February 25, 2017

    Legal Malpractice Update, Nassau County Bar Association, February 1, 2017

    • “Escrow Cleanup: Taking Care of the Money Left Behind,” NYSBA Journal, Vol. 90, No. 8, New York State Bar Association, October 2018
    • “On Ethics: Agreements Not To Grieve – Are They Ethical?” – Nassau Lawyer, November 1, 2017 
    • “On Ethics: Addressing Claims Against A Client's Settlement Funds,” Nassau Lawyer, March 1, 2017
    • “Bowing Out Ethically: Ending the Attorney-Client Relationship Before the Matter is Completed,” NYSBA Journal, Vol. 88, No. 7, New York State Bar Association, September 2016
    • "Follow the Money - Escrow Accounts: The Dangers of Excessive Delegation and Deference," NYSBA Journal, Vol. 87, No. 5, New York State Bar Association, June 2015

Results

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Courts in New York Continue to Crack Down on Attorneys’ Faulty Reliance on Generative Artificial Intelligence

July 29, 2026

The latest instance occurred in Landberg v. City of New York, 2026 NY Slip Op 03935, 2026 LX 36495 (2d Dept., June 23, 2026), which was a fairly simple trip and fall case. The plaintiff tripped and fell on a loose brick on a sidewalk and brought an action against the City of New York and the abutting landlord, both of which were awarded summary judgment. The Appellate Division, Second Department, affirmed the grant of summary judgment in a relatively short decision issued in early June.  The court spent far more time later in the month addressing the contents of the brief submitted on behalf of the plaintiff and the conduct of plaintiff’s attorney. In a lengthy decision, the court dissected the plaintiff’s brief, finding that it cited and/or quoted from three cases which did not exist, and then misrepresented the holdings of cases which actually did exist.  One of the fictious quotes purported to be from the court of appeals, but was “directly contrary to what the court of appeals has actually said.” After being confronted with the non-existent cases at the oral argument, the plaintiff’s attorney was offered an opportunity to take a 15-minute recess to come up with an explanation of where the nonexistent cases came from, but he declined the opportunity and said that he had “found them either on Westlaw or Lexis or in a book, a previous case, or another brief.” The court concluded that the attorney was not being candid, and that he should have said (as he later admitted) “that the cases were hallucinated by artificial intelligence.” The court imposed a monetary sanction of $8,000 on the attorney, but the court did not stop there. Although the handling attorney’s actions were contrary to the policies of the law firm he worked for, the firm was sanctioned, too (for $2,500). The attorneys for the defendants, while not sanctioned, were chastised for not alerting the court to the AI hallucinations in plaintiff’s brief.  The court wrote: “Although the attorneys for the owner and the City, who are officers of the court, submitted respondents’ briefs, neither of them alerted this Court about the fabricated citations, fabricated quotations, misstatements of law, and misrepresentations regarding the holdings of real cases contained in the plaintiff’s brief.”   Not surprisingly, the sanction exceeded the sanction which the same court had assessed a few weeks earlier against a pro se litigant. In Matter of Julien v. Arthur, 2026 NY Slip Op 03308, 2026 LX 287806  (2d Dep.t, May 27, 2026), the Second Department sanctioned a pro se litigant in the amount of $250 for his reliance on generative AI. The pro se litigant cited only one nonexistent case, but the court ruled that that was sufficient to warrant the imposition of a sanction. The Julien court noted that the pro se litigant (a father in a custody dispute) acknowledged responsibility for his conduct and that it only occurred once, which undoubtedly factored into the lower monetary sanction. The following month, in distinguishing the much lower sanction awarded in Julien, the Landberg court said: “This case is obviously much more egregious in that the person who filed the subject brief is a trained attorney with access to legal research materials, including Westlaw, and who is bound by the Rules of Professional Conduct.” Attorneys practicing in the Second Department can expect a sanction greater than $250 for even a single AI hallucination or fabricated citation in a brief. The court made it clear in Landberg that attorneys are on notice of the unreliability of generative AI: “stories about the unreliability of GenAI in performing legal work, leading to fictitious citations, misrepresentations of the law, and sanctions, have been widespread in the media for years.”  The court also made it clear that attorneys are expected to alert the court to the AI hallucinations and fabricated cases and quotations in their adversary’s briefs.  The foregoing cases coincide with the New York State Unified Court System’s adoption of a new rule, Part 161, regulating the use of AI. The new rule provides that attorneys cannot be prohibited from using artificial intelligence tools in preparing papers submitted to a court, but the tools must be used “in accordance with the duties and responsibilities that apply to individuals who submit papers to a court.” The rule goes on to suggest that individual judges should adopt a Part Rule which provides: “Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this court is expected to understand that tool's capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated information or fictitious citations to authority (commonly known as hallucinations)… Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material.” Attorneys are on notice of the pitfalls of blind reliance on generative AI and can expect to be sanctioned if they mis-cite or misquote cases in submissions which are prepared with the assistance of AI tools.    

Legal Updates for Lawyers' Professional Liability

California Supreme Court Rejects Automatic Expungement of Attorney Disciplinary Records

January 1, 2026

Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed change was intended to lessen the impact of what was perceived as racial disparities in attorney discipline in California. A 2019 State Bar-commissioned study had found that Black male attorneys in California were more than three times as likely to be placed on probation than white male attorneys. This past October, the California Supreme Court rejected the expungement proposal, without any explanation. The court may have been persuaded by opponents of the measure, many of whom felt that the public is entitled to complete transparency when hiring an attorney. The court may have also been influenced by more recent studies which showed that the racial disparities highlighted in the 2019 study were already narrowing. A study released by the California State Bar in May of 2025 found that while some racial gaps remained, “the discipline system is trending in the right direction.” Whether relied on by the California Supreme Court or not, the report from the 2025 study has some interesting findings which could benefit all attorneys faced with disciplinary complaints. The report suggested that sending letters to encourage attorneys who are subject to disciplinary proceedings to retain counsel may have helped narrow the racial disparities found in the 2019 study. Any attorney facing a disciplinary complaint is well-advised to consult an attorney who is experienced in handing such complaints. Many attorneys are not aware that their lawyers’ professional liability policy likely includes supplemental coverage to pay attorney fees incurred in responding to grievances. The carrier can also help find an attorney to help defend against the grievance should the responding attorney need one. The California Supreme Court’s rejection of the expungement proposal opens the door to the expanded use of the less controversial (and, perhaps, more effective) methods highlighted in the report from the 2025 study, including sending letters to attorneys subject to disciplinary complaints. In addition to encouraging attorneys to retain counsel, the letters could also advise them of the supplemental coverage available under their LPL policies. Legal Update for Lawyers’ Professional Liability – January 2026 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@MDWCG.com. 

Firm Highlights

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.