Professional Liability
Our lawyers have substantial experience representing lawyers, accountants, and fiduciaries in defense of malpractice, breach of fiduciary and D&O claims, and in advising lawyers on professional responsibility matters. As in other matters, we vigorously defend the legal and reputational interests of our clients in court, and strive through early and realistic case assessment to develop strategies that will also enhance the possibilities for desirable resolution before trial.
Engaged on multiple occasions to represent a mid-sized regional public accounting firm charged with professional malpractice. In a recent case, which the plaintiff withdrew after we filed a motion to dismiss, the client had audited a private equity fund complex, and was charged by investors with failing to properly investigate the performance and value of the underlying portfolio companies. In a prior case involving control of a grocery chain, the client was granted summary judgment in a lawsuit alleging that it had engaged in improper practices as the enterprise’s accountant.
Represent a large, national law firm in a lawsuit alleging negligence by the law firm as well as an accounting firm in connection with the implementation of an employee stock ownership plan, causing loss of tax advantage.
Represent a large, national law firm in defense of lawsuits brought by the firm’s client and by other attorneys who represented the same client, alleging that the firm’s negligence led to the client’s loss of a prospective settlement of an unfair competition claim, causing the client to lose the value of the settlement, and the lawyers to lose contingent fees to which they would have been entitled had the settlement occurred. We obtained summary judgment for the firm on the lawyers’ claims, and handled the appeal, on which a decision is pending. Claims against the firm by its client were then resolved by settlement.
Represented a lawyer summoned by a trial judge in a civil case to face charges that the lawyer acted improperly in allocating settlement of a claim under the Massachusetts workmens’ compensation law. After hearing, the Judge took no action against our client.
Represent conveyancing lawyers in defense of claims by borrowers alleging violations of fair lending and credit practice laws and wrongful foreclosure.
Represent ERISA fiduciaries in defense of individual and class action claims seeking to recover damages based on poor investment performance, as well in claims for denial of benefits. One of our attorneys was an integral part of the legal team that obtained dismissal for a major financial institution of claims brought by participants in the 401(k) plans of General Motors Corporation and Delphi Automotive Group, asserting that the defendant imprudently retained company stock prior to bankruptcy filings.