Professional Liability


Accountants' Defense

We have a proven track record of defending accounting firms and professionals in securities class actions, derivative cases, SEC enforcement proceedings, Public Company Accounting Oversight Board (PCAOB) and state accounting board investigations, audit committee inquiries, bankruptcy proceedings, employment litigation, and white-collar criminal defense cases. Our litigators are renowned for their ability to succeed in high-stakes, complex cases, including those arising from accounting issues generated outside the United States.

Our practice includes a Forensic Accounting Services Group (FASG) that provides specialized accounting and financial services. The FASG is headed by a former audit partner with more than 35 years of experience who is also a Certified Fraud Examiner and helps clients identify, interpret, and clarify financial and accounting matters.

Legal Malpractice Defense

We are honored to be called on regularly to defend our fellow legal professionals in malpractice litigation as well as internal investigations and disciplinary proceedings, and we are proud of our successful results. Our attorneys also regularly write and teach on issues of professional responsibility and liability and serve as expert witnesses as well. Recent examples of our successful engagements include:

Representative Matters

  • Unanimous jury verdict defeating claims by a hedge fund seeking tens of millions of dollars that the hedge fund claimed it would not have invested but for the accounting firm's audit opinion. The jury found that our client performed an audit based on generally accepted auditing standards (GAAS) and made no misrepresentations of any kind.
     
  • Defense verdict for a national law firm in a $226 million legal malpractice trial. 
     
  • Defense verdict for a national law firm in a fraud trial. 
     
  • Unanimous jury verdict in an actuarial malpractice case seeking in excess of $250 million. The jury found that the actuarial work complied with professional standards and that our client made no misrepresentations of any kind.
     
  • Defeated class certification and secured the dismissal of a $300 million lawsuit brought by former clients in a tax shelter dispute.
     
  • Successful motion to dismiss a fraud and RICO suit against a national law firm. 
     
  • Summary judgment for a national law firm in a fraud and malpractice action.
     
  • Successful defense of a national law firm against claims arising out of a securities class action and a related shareholder derivatives suit. 
     
  • Retained to handle appeal of a judgment against a law firm; obtained reversal. 
     
  • Successful defense of lawyers before regulatory bodies in Washington D.C. and New York
     
  • Successful resolution of SEC investigation against Big Four accounting firm arising from multiple restatements by major media company.
     
  • Negotiated a favorable settlement on behalf of an audit firm and its principals in a PCAOB investigation and investigations by various states concerning its audit of an international public company.
     
U.S. News – Best Lawyers® Best Law Firms 2013
National: Commercial Litigation (Tier 1)
Los Angeles: Commercial Litigation (Tier 1)
New York: Commercial Litigation (Tier 1)
San Diego: Commercial Litigation (Tier 1)
San Francisco: Commercial Litigation (Tier 1)


American Lawyer
Honorable Mention, Litigation Department of the Year 2010


Benchmark Litigation 2012
California: Litigation
New York: Litigation
National: General Commercial Litigation


BTI Litigation Outlook 2014
Complex Commercial Litigation (Honor Roll)
Most Feared Litigation Firms (Honor Roll)


Chambers Asia-Pacific 2015
Japan: Dispute Resolution - International


Chambers USA 2015
California: Litigation: General Commercial
New York: Litigation: General Commercial (Highly Regarded)


Legal 500 Asia-Pacific 2015
Japan: Dispute Resolution International Firms and Joint Ventures (Tier 1)

Grant J. Esposito
Partner
New York
(212) 468-8166

Mark C. Zebrowski
Partner
San Diego
(858) 720-5162

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