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Proskauer's Law Firm Advisory Practice Group provides full-service representation concerning the complex legal problems facing law firms. In light of the internal expansion of law firms, and the resulting litigation against firms by former clients, departing partners, employees and others, Proskauer brings together in one practice group a large number of lawyers with wide and deep experience in representing law firms in litigation, employment matters, ethical matters, partnership disputes and other matters. For more information about this practice area, contact:
Law firms frequently need counseling or representation
where the firms take action with respect to their
partners and employees, such as decisions to "de-equitize"
partners and/or make other structural changes, as
well as partner terminations. As part of its practice,
Proskauer regularly provides counsel and defends
claims by associates and non-legal staff involving
alleged discrimination, sexual and other forms of
harassment and ADA issues. We also help design and
present training programs on these subjects as an
important part of an effective compliance program.
Defense of Malpractice and Related Actions
Proskauer's attorneys have represented many law
firms, including some of the largest firms in
the United States, as well as medium and smaller
firms, against whom claims of malpractice, breach
of contract or breach of fiduciary duty have been
asserted. In many instances, Proskauer has been
successful in resolving matters without litigation.
In other cases, the matters were not capable of
resolution without trial, and our lawyers have
tried numerous cases in this area with outstanding
success. For example, we have litigated cases
involving corporate claims that Proskauer’s law
firm clients committed malpractice by misadvising
companies with respect to the securities laws,
the Foreign Corrupt Practices Act, real estate
transactions, corporate governance issues and
the like.
Employment Matters
Proskauer has been the nation’s preeminent labor
and employment firm for many years and now has
over 150 attorneys representing employers in all
aspects of labor, employment and benefits law.
Our labor and employment lawyers work on a continuing
basis to provide advice concerning all aspects
of labor, employment, employee benefits and executive
compensation, and regularly advise our clients
and defend them in cases involving claims of employment
discrimination, sexual harassment and related
matters.
A number of the Firm's labor and employment lawyers
have focused on rendering advice and representation
to many of the largest and most prominent law
firms in the country. We have counseled clients
on developing policies as well as advising on
employee and partner problems and disputes. Because
of the sensitivity of these clients and their
desire for privacy, Proskauer has been able to
resolve most of these disputes on a confidential
basis. But when appropriate to litigate, we have
successfully defended the firms in court or arbitrations.
Partnership Disputes
With the dramatic growth in law firm size, and
the mobility of rainmakers and lawyers generally,
law firms have increasingly suffered from disputes
among partners or with departing lawyers. Proskauer
has long been active in litigating partnership
disputes in the business arena and more recently
has represented numerous law firms, counseling
them when members of the firms have departed.
This counseling has involved private resolution
of partnership issues and, in some cases, court
litigation or arbitration.
Proskauer has frequently been retained to advise
firms before such disputes have erupted into litigation,
and has successfully negotiated amicable resolutions.
On the other end of the spectrum, Proskauer has
tried, either in court or in arbitration, a number
of complex partnership disputes that could not
be resolved amicably.
Risk Management
Proskauer has extensive experience in assisting
clients with risk management issues, insurance
coverage disputes and other similar disputes.
We are frequently able to help our clients avoid
costly litigation, or, where litigation has taken
place, to assure that the clients have proper
insurance coverage.
Ethical Advice
Under the leadership of Steven C. Krane, former
President of the New York State Bar Association
and a recognized authority on legal ethics, and
other Proskauer lawyers, we are frequently called
upon to give ethical advice to lawyers and firms
or to represent them in connection with claims
of unethical behavior.
Law Firm Structuring
Proskauer lawyers have extensive experience in
structuring law firms and other professional associations,
helping them choose the proper vehicles for conducting
their practice.
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