Professional Liability

Representative Matters

  • Successfully defended hedge fund manager, sued as the manager of the fund and individually, for gross negligence, breach of fiduciary duty and various other claims. This case was won on a dispositive motion based upon the exculpatory clause in the contract.

  • Successfully defended investment managers for a trust company from series of claims based upon lack of suitability of investments - involving detailed analysis of the prudent investor rule and the duty to diversify – winning both cases on dispositive motions prior to trial.

  • Defended AAA Arbitration claim filed against manufacturer by CPA for failure to pay for services regarding research and development credits. CPA’s claim was defeated based upon proof of malpractice and manufacturer represented received an award for all attorney fees spent defending the claim.

  • Defense of accounting negligence case for Arthur Andersen. Obtained complete defense verdict in first jury trial the client faced following the Enron indictment.

  • Recovered $10 million fidelity bond on behalf of an employer, by establishing criminal conduct of a corporate officer engaged in wide spread fraud.

  • Successfully brought a malpractice action against a real estate appraiser and recovered the defendant’s errors and omissions policy limit at the close of discovery.

  • Represented plaintiff bank in a legal malpractice action against its former counsel in connection with a portfolio of SBA loans resulting in substantial seven-figure settlement.

  • Represented plaintiff  bankruptcy trustee in an investigation and prosecution of complex claims in connection with multi-billion dollar Ponzi scheme resulting in substantial settlements.