Our attorneys have successfully defended accountants and accounting firms in both the state and federal courts against claims emanating from their work on audits, compilations, reviews, financial forecasts, projections, tax returns, and investment and taxation advisory services. In particular, we have defended accountants from allegations including: negligence; breach of contract; breach of fiduciary duties; fraud; securities laws violations; RICO violations; and liability under Internal Revenue Code.
Professional Liability Litigation
Claims against professionals by their clients and third-parties have proliferated in recent years, a trend reflecting legitimate grievances in some instances, but perhaps just as frequently as predatory effort to recoup losses attributable to a claimant's own miscalculations.
Since even groundless claims may disrupt a professional’s business and jeopardize his or her reputation, our attorneys mount the most aggressive defense available with our paramount objective being to secure early dismissal if at all possible. At the same time, we stand ready to actively cultivate favorable settlement alternatives where doing so is warranted by our clients’ potential exposure to liability and consistent with their priorities. Our Professional Liability Litigation Group represents a broad range of professionals, including:
We have successfully defended attorneys in both state and federal courts against accusations of: failing to protect copyright, patent and trademark rights; failing to procure adequate title insurance for real estate transactions; failing to adequately detect and evaluate title defects in real property; using improper trial and settlement tactics; failing to timely commence actions within the applicable statutes of limitation; failing to comply with procedural requirements; failing to properly document transactions; failing to properly prepare testamentary instruments violations of the Fair Debt Collection Practices Act; and violations of Unfair Trade Practices Acts.
We see many cases in which insurance agents and brokers are sued when the products they sell do not perform in accordance with the best possible projections, or when their clients develop unreasonable expectations that fail to materialize. We have successfully defended, among others, insurance agents who sell all types of insurance and investment products; life insurance agents; property-casualty brokers; program managers; third-party administrators; and wholesale brokers.
Defending architects, engineers and other design professionals requires a nuanced understanding of their role in the construction process, from the planning stages of a project through its completion. Defense counsel also must be familiar with the standards and practices of the construction industry and the statutes, regulations, building codes and case law that shape those standards and practices and define the duties of design professionals. Our attorneys are exceptionally well-qualified in this practice area and have successfully defended architects, engineers, construction managers, consultants and contractors in state and federal courts and in arbitration proceedings
With the development of the "new" media, the representation of professionals in this area has become increasingly diverse and complex. Our attorneys are well versed in the defense of professionals involved in print, radio and television, as well as those involved in the Internet, computer technology and telecommunications industries. The claims we defend range from those involving Constitutional issues, to those based on federal and state statutes and decisional case law. We have successfully defended our clients against allegations such as libel, slander, infringement, negligence and misrepresentation, as well as alleged violations of the broad spectrum of statutory claims in this area.
We are experienced in defending claims against medical facilities including surgical centers, clinics, nursing care facilities, and medical professionals including physicians, dentists, psychologists, therapists, estheticians, nurses, home health care attendants, paraprofessionals and other health care and quasi-health care providers. Our practice is to aggressively defend our clients against claims of medical malpractice and general negligence involving serious injuries or death by preparing each case for trial from the outset while also focusing efforts on dismissals and potential settlement opportunities. We ensure our clients are well informed of all developments, issues and legal strategies by constant communication and status updates throughout the pendency of a matter. Additionally, our coverage team is experienced in addressing the various coverage issues that may arise in connection with the handling of these claims.
Our capabilities in defending professionals are broad and diverse. We have successfully defended claims against environmental consultants, design professionals, real estate agents, real estate appraisers, title agents, home inspectors, human resource and personnel services, travel agents, public officials, police officers, educators and health care professionals, among others.