Professional Liability

Our services cover all the bases

• Advocacy—Our team members consistently achieve favorable results for clients in federal and state courts, administrative hearings and investigations, and in alternative dispute resolution fora.
• Effective Communication—Professional liability defense involves more than just resolving the legal claims.  Effectively communicating with your firm and its leadership is an important aspect of the defense of a professional liability claim.  In addition, we can help protect your reputation by preparing an effective message to communicate within your practice, as well as with your clients and the public.
• Collateral Proceedings—We represent professionals in collateral inquiries by and hearings before licensing bodies, disciplinary boards and ethics panels. 
• Prevention—We offer clients risk management reviews and the ability to prepare policies and procedures to minimize exposure and protect against future claims. 

A relevant and connected team

• Current and former leaders of national defense attorney associations and professional liability committees ensure we are in the forefront of important developments affecting your profession.
• Former general counsel and corporate secretaries can assist in balancing the business concerns that can arise from a professional liability claim.
• Experienced counsel to address effectively the appropriate plan for responding to claims of professional negligence and/or disciplinary proceedings.

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Legal

• Obtained a defense verdict on behalf of a regional law firm following a bench trial on claims arising out of representation in a commercial real estate transaction. 
• Obtained dismissal in federal court of claims against a regional law firm on the grounds that counsel had no liability to a third party for acts taken within the scope of their representation of their client.
• Settlement of claims in a "disappointed litigant" case against one of the premier international firms in the United States for a fraction of the settlement demand.
• Settled class action against attorneys arising out of claims concerning alleged violations of privacy law stemming from their prosecution of a prior class action. 

Medical

• Following a jury verdict in excess of $10 million dollars in a case tried by another firm, obtained a complete reversal of the verdict on appeal and remand of the case to the trial court, after which a favorable resolution of the matter was negotiated.
• Negotiated and obtained voluntary dismissal of claims for negligence and wrongful death against a large national retirement community and assisted living provider.
• Obtained complete dismissal on summary judgment on behalf of a registered nurse and large national nurse staffing company in a case alleging malpractice against the nurse and the nurse staffing company.
• Obtained a defense verdict on behalf of an emergency room physician following a three-week trial in which the plaintiff alleged misdiagnosis leading to paralysis and claimed damages in excess of $12 million.

Other

• Prepare and implement detailed indemnification agreements between companies, their directors, and senior officers. 
• Represent officer and director claims in connection with shareholder "squeeze out" litigation, securities litigation, and contested election litigation.
• Obtained summary judgment on behalf of the seller’s agent against claims concerning an agent’s duties with respect to the seller’s required disclosures on the condition of the property.  The summary judgment order was affirmed on appeal and this opinion is now widely cited as authority for a real estate agent’s limited duties with respect to seller’s disclosures in South Carolina. See Chastain v. Hiltabidle, 381 S.C. 508, 673 S.E.2d 826 (2009). 
• Represented architects and engineers in design defect matters.