Attorney Liability

It is not uncommon in the current litigation environment for even the best lawyers to find themselves facing potential civil liability and regulatory scrutiny for their role advising clients. At Davis Polk, we take great pride in the fact that our colleagues at other law firms routinely call upon us to defend them when their livelihoods and reputations are most on the line. 

We have built one of the country's leading practices in the representation of other lawyers, and have substantial experience representing law firms against various types of state and federal claims – including malpractice, breach of duty and securities law claims – and in connection with investigations by the SEC and other state and federal agencies

Notable Matters

  • We are representing a major New York law firm in connection with a claim by a former client relating to a public company merger.
  • We won a dismissal of a legal malpractice case in New York State Supreme Court against a major international law firm relating to the law firm's representation of a seller of commercial real estate in downtown Manhattan.
  • We are acting as lead counsel for an international law firm in connection with a malpractice claim brought by Ableco Finance LLC in New York State Supreme Court relating to Ableco’s acquisition financing of certain assets of bankrupt retailer Steve & Barry's.
  • We are defending a major New York law firm against Texas Securities Act and common-law claims brought in the Northern District of Texas on behalf of a putative class of purchasers of certificates of deposit, who claim that they were defrauded through a Ponzi scheme allegedly run by Robert Allen Stanford and his group of companies.
  • We successfully negotiated a non-prosecution agreement with the U.S. Attorney’s Office for the Southern District of New York in connection with its investigation with the IRS into certain tax opinions provided by our client, former Dallas-based law firm Jenkens & Gilchrist.
  • We defended a major New York law firm against malpractice, breach of fiduciary duty and other claims relating to tax advice provided in connection with a merger.
  • We represented a large international law firm in connection with a potential dispute with a possible cross-border merger partner.