The firm also has substantial experience in defending directors and officers in a wide variety of D&O claims and coverage matters. The matters we have handle range from litigating the deepening of an insolvency to claims of mismanagement and fraud. We also defend both for-profit D&O claims and claims against non-profit corporations and State-created corporations. We recognize the disruption a company faces when senior management is targeted in litigation, as well as the concomitant public relations concerns. Our experience permits our D&O team to promptly evaluate strategic and cost issues, and to defend or resolve disputes in a cost-effective and expeditious manner. Our D&O experience has led us to deal with a variety of specific areas including creditor "deepening insolvency," securities, employment issues, concerns, and franchise disputes, among other things. Other areas in which our attorneys have been called upon to defend include commercial disputes, condominium association director’s actions, shareholder derivative actions and insurance coverage.

Fiduciary Liability

In today’s changing marketplace, a significant number of private companies are reducing or eliminating employee benefits, which increases their potential fiduciary liability exposure. Employers are increasingly found liable for violations of the Employee Retirement Income Security Act of 1974 (ERISA), loss of benefits, and employee stock ownership plan dissolutions. Private companies and their officers often face liability for changes or denials in benefits, insufficiently funded plans, imprudent investments, and improper benefits advice.

Our firm’s attorneys are experienced in defending claims of complex ERISA violation claims (Section 406), in addition to inadvertent statutory violations (Section 502(i)) which may still result in civil penalties. We have also litigate cases involving loss and reduction of employee benefits, stock ownership dilutions involving allegations of statutory violations and breach of fiduciary duties. As part of the Firm’s litigation avoidance practice, our attorneys have handled and orchestrated major commercial reorganizations involving major work force reductions requiring critical evaluation and provision for long-standing pension and employee plans.

Public Company Directors & Officers Liability

The Firm’s attorneys are experienced in handling claims against public companies, their directors and officers, general counsel, and senior management, including securities violations brought by shareholders, employees, customers, and competitors, as well as administrative and other actions involving state and federal regulatory agencies. We are experienced at litigating complex securities fraud actions, which are typically brought as class actions in federal court, which system has exclusive jurisdiction over claimed violations of the SEC Act.

Often times these claims involve allegations of inaccurate or misleading statements in quarterly or annual SEC filings, representations concerning the financial strength of the Company, product defects and attendant recalls, financial statements and restatements, loss of rights under trademarks, copyrights, patents, and customers. Our attorneys understand the regulatory requirements and the responsibilities of Company leadership and other professionals, and are well-positioned to handle claims arising from work in these capacities, including alleged violations of SEC Rule 10b-5.