Berger Kahn • Practices

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	Professional Liability Today, individuals within traditional professions — attorneys, accountants, doctors, insurance agents, real estate brokers and corporate directors and officers — are more vulnerable than ever to liability claims. What’s more, as the economy becomes more service-oriented, an increasing number of occupations are falling into the “professional” category. For example, advisors and providers in managed health care and retirement planning are considered “professionals.” This growing population of professionals and their malpractice insurers demand and deserve service from defense counsel who recognize their special needs and exposures. Berger Kahn is committed to providing that service. The firm has an extremely diverse professional liability practice, representing clients in complex, high-exposure cases involving claims of malpractice, malicious prosecution, negligence, disciplinary violations, conflicts of interest, breach of fiduciary duty, and other tort claims. We have substantial experience and expertise defending lawyers and law firms, accountants, insurance brokers and agents, and other professionals accused of professional malpractice. Berger Kahn is also well-suited to address the insurance issues associated with professional liability claims. Our lawyers represent many major insurance companies, as well as independent insurance agencies, in business insurance matters, coverage analysis and litigation, and bad faith actions. We have extensive experience as well in representation of brokers and agents in bad faith cases, all of which is excellent background for handling complex litigation such as presented by most legal malpractice or directors and officers cases. In addition, the firm’s corporate, real estate, tax, employment, and entertainment specialists support the Professional Liability Group and provide a valuable combination of experience, expertise, teamwork, and depth. Over the last 10 years, the firm has tried numerous legal malpractice cases to jury verdict and has also briefed and argued at the appellate level, both state and federal, scores of cases involving attorney errors or omissions. We have defended attorneys and other professionals directly or as panel counsel assigned by carriers. We have received professional liability assignments from Travelers Insurance, Lawyers’ Mutual Insurance Company, TIG, First State, Philadelphia Insurance Company, and a number of other carriers. Representative Matters Berger Kahn attorneys have successfully handled many high-profile professional liability matters, including: An internationally known rock star’s case against a well-known Los Angeles entertainment firm for alleged mishandling of that singer/songwriter’s audit claims against his record company; Litigation over the purchase and sale by a nationally syndicated cartoonist of her Hollywood Hills home to a movie producer and his wife (misrepresentations by the broker); The defense of an entertainment attorney in connection with claims by an independent film investor who alleged that the film’s lack of success was attributable to our client’s documentation of the deal; A case arising from negligence and breach of fiduciary duty arising out of offshore tax planning for an Academy Award winning screenwriter; Representation of a Beverly Hills law firm in connection with a claim by a distributor of a series of celebrity-endorsed exercise videotapes in which we not only defeated several malpractice claims at the jury trial, but enforced the firm’s fee agreement with the client; Claims against a law firm by a class of investors in housing projects alleging negligence in preparation of corporate documentation and securities violations; Claims against an attorney for failure to opt a client out of a securities class action resulting in the dismissal of the individual action; Claims against an attorney for failure to prosecute a personal injury action resulting in the dismissal of the underlying action; Claims involving the design and construction of the Hyperion water treatment sewage plant; Claims against design professionals involving electrical power plants in Los Angeles and San Diego Counties; and Claims against architects for the design of a private residence for a prominent entertainment figure. Our professional liability attorneys have lectured and written extensively on legal malpractice issues, and two of our partners have testified for the Los Angeles Superior Court and the State Bar as legal malpractice experts. CONTACT: Allen L. Michel amichel@bergerkahn.com (310) 821-9000

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