The information is for general informational purposes only and is not legal advice.
1 Practice Areas
4 Notable Representations
3 Insights
Professional liability and insurance defense encompasses the representation of professional service firms — including accounting firms, law firms, financial advisory practices, and consulting organizations — in claims arising from alleged errors and omissions in the performance of professional engagements. These matters frequently implicate professional liability insurance coverage and require coordinated defense strategies that address both the underlying malpractice allegations and the insurance coverage framework governing the defense and indemnification obligations.
The defense of professional liability claims requires a detailed understanding of the applicable standard of care, the regulatory environment governing the professional’s practice, and the contractual architecture of the engagement relationship. Because insurers often retain defense counsel or participate in coverage determinations that affect litigation strategy, effective representation demands the ability to manage the intersection of coverage obligations, reservation-of-rights issues, and client interests throughout the course of the proceedings.
Professional liability claims arise when clients or third parties allege that a professional service provider — an accounting firm, law firm, financial advisor, broker-dealer, or consulting organization — failed to meet the applicable standard of care in the course of a professional engagement. These claims may sound in negligence, breach of fiduciary duty, breach of contract, or statutory violations, and frequently seek substantial damages tied to financial losses attributed to the alleged professional failure. In the accounting context, claims often center on audit failures, tax advisory errors, or financial reporting deficiencies; in the legal context, on missed deadlines, conflicts of interest, or flawed transactional advice.
A distinguishing feature of professional liability defense is the role of insurance coverage. Professional service firms typically maintain errors and omissions policies that govern the terms of the defense, the selection or approval of defense counsel, and the conditions under which indemnification is available. Coverage disputes — including reservation-of-rights letters, policy exclusions, and disputes over the allocation of defense costs — frequently arise alongside the underlying malpractice litigation and must be managed concurrently. The interplay between the insurer’s interests, the insured’s defense strategy, and potential excess exposure creates a layer of complexity not present in ordinary commercial litigation.
Defending professional service firms in liability litigation requires a dual-track approach: developing substantive defenses to the underlying malpractice allegations while simultaneously managing the insurance coverage relationship and any attendant coverage disputes. This includes establishing the applicable standard of care through industry-specific expert testimony, demonstrating compliance with professional standards and regulatory requirements, and addressing causation and damages theories that may attribute losses to market conditions, client conduct, or intervening causes rather than professional error.
Insights addressing legal developments and issues related to this area of focus.
Representing clients in high-value insurance disputes, coverage matters, and multi-party insurance litigation.
Featured
EU-based multinational company
Successfully defended against $520M liability claim. Defense jury verdict in less than one hour after three-week trial.
Media Coverage: Reuters · Bloomberg · South Florida Business Journal · Yahoo! Finance
AIG, Progressive, Chubb, State Farm
Defended various insurance clients over the years in excess of $2B related to class action suits, bad faith claims handling, breach of contract, regulatory compliance failures, and agent-broker liability.
Concrete manufacturer
Successfully defended concrete manufacturer in high-profile infrastructure failure case.
Media Coverage: Good Morning America · PBS · CNN