The Firm has substantial expertise in defending corporations and their officers and directors under Directors and Officers (“D&O”) Liability policies.  The Firm’s partners have maneuvered the successful defense of D&O insureds against multiple millions of dollars in liability claims over the years, either defeating the claims outright, or negotiating favorable settlement resolutions allowing the insureds to conduct business rather than waste time and effort in court proceedings.  The following partial list of cases defended by the Firm’s partners is representative of the variety of issues with which the Firm is familiar:

·                    Defense of former directors and officers of defunct record company against shareholder derivative action brought by shareholders who alleged they were defrauded in connection with the company’s public offering; negotiated a favorable settlement well within policy limits.

·                    Defense of a well known comedy club and its principals against claims of copyright infringement and misappropriation of name and likeness brought by talent performers who claimed they were duped into executing releases of their performances for use in advertising; negotiated a favorable settlement well within carrier policy limits.

·                    Successfully defended major record labels against allegations of antitrust conspiracy and refusal to deal brought by several well known independent record promoters.

·                    Successfully defended major manufacturer of vitamins and nutritional supplements against claims of false advertising and trade manipulation brought by competitor.

·                    Assisted as co-counsel in the successful defense of a large film production company against multiple class action securities fraud claims brought by limited partnership investors who had invested in packages of films financed primarily for video distribution.

·                    Successfully represented German film distributor in extensive litigation based on alleged interference with contract and prospective business advantage related to the foreign television distribution rights to 13 James Bond films.

·                    Defended corporate defendant and individual managers against whistle-blower claims of retaliation and employment discrimination; successfully settled with companies self-insured retention.

·                    Defense of former directors and officers of defunct  record company against securities fraud action brought by a disgruntled investor who alleged he was defrauded in connection with his investment in the company prior to its public offering; after a 7 week bench trial, we achieved a complete defense decision fully exonerating our clients. 

·                    Successfully defended a large film production and distribution company and its then Vice-President, Television, against claims of interference with contract brought by a lessor and subsequent lessee against them relating to their refusal to terminate a lease prior to its expiration in order to accommodate a well-known film actor.

·                    Defended exclusive private school against age and sex discrimination claims brought against it and its Board of Trustees by a demoted teacher; settled matter for cost of litigation well under policy limits.

·                    Twice defended a large government contractor and its chief executive officer against whistle-blower claims of wrongful termination; both matters settled confidentially for small five figures, well under the cost of litigation.

·                    Successfully defended construction company and its general contractor against nuisance claims brought by neighboring residents against the construction of a major high-rise office building in Burbank, California.

·                    Successfully defended major record company against whistle-blowing and related sex discrimination claims brought by a terminated employee.

In connection with these types of matters, the Firm works closely with the insurance carrier representatives to ensure that an effective and aggressive defense is pursued at a reasonable cost to the carrier.  The broad-based business experience of the Firm’s partners provides a unique insight into the defense of such matters which benefits both the insured and the carrier.

In addition to defending D&O liability claims, the Firm is often retained to defend insureds in cases under Errors and Omissions Liability (“E&O”) policies.  We understand the needs and concerns of the insurers as well as professional insureds, and we work to minimize the impact of the claim on the insureds’ business.  Our breadth of experience ensures that we can provide a quality defense in any case falling under these policies.  The Firm has substantial experience in successfully defending professionals including lawyers, insurance brokers, real estate agents, third-party administrators, accountants, residential care homes, acupuncturists, physicians and healthcare professionals, and fiduciaries.  We have handled legal malpractice matters arising out of negligent advice rendered in business buyout agreements, estate planning, breach of franchise agreements, marital dissolution proceedings, and in connection with the statute of limitations.  We have also defended many insurance brokers in claims arising from failure to procure various types of insurance coverage, ranging from assault/battery and uninsured motorists, to advertising liability and marine coverage.  The Firm has significant trial experience in defending accountants in actions arising from audit negligence, fraud, preparation of 706 estate returns, negligent tax preparation, and claims arising out of the preparation of compiled and/or reviewed corporate financial statements.

Further we have defended many healthcare professionals in actions arising out of claims for failure to diagnose and treat medical conditions, warn of inherent risks of proposed treatments or procedures, and failure to perform or provide medical care within the community standards. 

The Firm recognizes that sometimes our clients are better served by staying out of court, and pursuing either mediation or arbitration to resolve a dispute.  We regularly counsel our clients on ways to avoid litigation or to position themselves for success should litigation become necessary.  The Firm's lawyers work with their clients to determine the most effective path to reaching the client's goals, which path may be pre-litigation negotiation, mediation, arbitration, or full scale litigation and trial.