Professional Liability and Responsibility Litigation

Engagements representative of our lawyers’ work in this area include the following:

Law Firms and Lawyers

  • obtained a defense jury verdict for a lawyer who was accused by his former client of legal malpractice in connection with the drafting of a partnership agreement between the former client and his medical partner

  • obtained summary judgment for an AmLaw 100 law firm and its partners in a New Jersey case involving an investor client’s allegations that the firm misused millions of dollars the client deposited in the firm’s trust account

  • secured dismissal of all claims against a large national law firm for allegedly failing to pursue an appeal

  • obtained the dismissal of a prominent Philadelphia law firm and its partners from a claim seeking to hold the firm and its partners liable based on allegations that their client, a real estate syndicator, had defrauded a foreign investor, which resulted in a $36 million verdict against other defendants

  • represented an AmLaw 50 firm in complex, multi-party litigation involving claims of legal malpractice and breach of fiduciary duty spanning more than 15 years

  • defended lawyers of a large national law firm against a sanctions motion requesting that counsel’s pro hac vice admissions be revoked because of alleged discovery violations in the underlying case

  • defended a major Philadelphia law firm against a wrongful use of civil proceedings and abuse of process claims

  • defended a large national law firm against claims seeking to hold the firm liable for allegedly fraudulent conduct by the firm’s client in a business transaction

  • defended a major Philadelphia firm against a disqualification motion involving conflict of interest allegations

  • represented individual lawyers in matters involving alleged discovery abuse

  • defended a law firm in a legal malpractice action concerning advice in commercial transactions, and counseled the firm in its response to a related SEC investigation regarding “gatekeeper” responsibilities

  • served as counsel to lawyers in an SEC investigation regarding claims under the Foreign Corrupt Practices Act

  • defended a law firm in a legal malpractice action concerning intellectual property advice

  • defended a law firm in a legal malpractice action concerning a real estate transaction

  • defended a law firm and its partner against a claim by an individual alleging that he jointly owned real estate that the firm wrongfully helped his co-owner to sell without sharing the proceeds

  • represented a lawyer and his firm in achieving a settlement where the client directed the lawyer to protect its interest in renewing its lease for a large manufacturing facility but the renewal was not perfected and the owner ejected the client

  • served as co-trial counsel on cases defending law firms on various claims; cases have involved claims of malpractice, breach of fiduciary duty and fraud in the context of the sale of intellectual property, a complex financing transaction and the sale of a partnership interest

  • after a law firm’s settlement of a complex commercial claim on behalf of its client, represented the law firm in the arbitration of a fee dispute with that client in which its client challenged the validity of the contingent fee agreement between the client and the law firm

  • advised a major Pennsylvania-based law firm on professional responsibility issues and represented the firm in malpractice claims

  • revised partnership agreements to reduce risk

  • represented individual lawyers in defending sanctions motions filed against them

  • represented individual lawyers in matters involving alleged discovery abuse

  • represented lawyers in defending disciplinary complaints filed against them

  • served as expert witnesses defending lawyers and law firms in multiple cases involving claims of professional negligence or breach of fiduciary duty

  • represented major law firms in response to grand jury subpoenas and related criminal inquiries from the United States Department of Justice and the New Jersey Attorney General’s Office.

Accounting, Actuarial and Other Professional Service Firms

  • litigated for more than two years and successfully settled for a fraction of the alleged damages an actuarial malpractice action by the employer/sponsor of an ERISA-qualified pension plan seeking hundreds of millions of dollars in damages related to its earlier settlement of a putative class action on behalf of former and current participants in the plan for the underpayment of plan benefits

  • successfully resolved claims brought by California public pension plans seeking hundreds of millions of dollars in damages and alleging actuarial malpractice and other claims related to the plans’ unfunded liabilities

  • obtained dismissal of all claims asserted by a Florida municipality alleging actuarial malpractice and other Florida statutory and common law claims

  • defended at trial a malpractice claim against a major actuarial firm charged with failure to provide correct advice on plan termination

  • tried to a successful verdict in federal court claims alleging actuarial malpractice and fiduciary breaches under ERISA brought by a plan participant and her employer

  • defended an actuarial consulting firm in an action claiming professional negligence, breach of contract and misrepresentation through trial, including post-trial briefing and oral argument, culminating in a settlement on mutually agreeable terms

  • represented an accounting firm facing a state attorney general investigation of billing practices

  • obtained a jury verdict in favor of a major accounting firm and defended it on appeal, where the accounting firm’s former client made claims of accounting malpractice arising from the firm’s advice about proper accounting treatment to be used after completion of a merger

  • obtained a jury verdict in favor of a New York accounting firm after a two-week trial in an action commenced against it by a large Philadelphia bank for allegedly preparing inaccurate financial statements and auditing a borrower in purported violation of the appropriate accounting standards

  • represented a regional accounting firm against allegations by a bankruptcy trustee for a defunct medical insurer, and ultimately settled the case for a nominal payment by the accountant whom the trustee accused of conspiring with his client to prepare and submit inaccurate financial statements

  • represented a New York accounting firm that prepared audited financial statements and assisted its client in obtaining financing to develop a large residential community in northern New Jersey, against a consortium of lenders who claimed that the accountant conspired with his client to prepare and submit inaccurate financial statements to support the loans that the lenders made; our lawyers settled the case on behalf of the accounting firm for a nominal payment

  • represented the trustee of a bankrupt and defunct medical insurance trust against its actuaries, accountants and consultants and recovered $14.5 million for the trustee.

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