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Professional Liability / Errors and Omissions

FMG's Professional Liability Practice Group has decades of experience and unparalleled trial expertise in defending professionals and their insurers in errors and omissions claims throughout the nation. Our team has represented literally thousands of individuals and tried hundreds of cases to successful verdicts. We also serve as national and coordinating counsel for a variety of carriers and corporations in their litigation throughout the country.

Our firm also is a member of PLAN (Professional Liability Attorney Network), the preeminent national organization of professional liability law firms. Our lawyers are known not only for their proactive and aggressive ability to promptly resolve claims, but also for their courtroom skills when cases proceed to trial.

Professional Liability Professionals

Architects & Engineers

Our A&E professional negligence practice group is nationally renowned for their deep understanding and experience in representing construction and design professionals. Our attorneys literally wrote the book in authoring one of the premier treatises on industry legal issues. Our attorneys collectively bring decades of courtroom expertise to ensure the best outcome for your claims. They use their experience to promptly evaluate cases and develop strategies to ensure a successful outcome whether that is an early resolution or trial of the case before a judge or jury. Our attorneys also have unparalleled industry knowledge, which means they understand the industry rules and ethical guidelines governing architects and engineers so they can mount the best defense possible when you face a professional malpractice allegation. Our attorneys also regularly advice architectural and engineering firms on risk avoidance practices to minimize the probability of a claim.


Data Security, Privacy & Technology

FMG's Data Security, Privacy, & Technology practice group is an interdisciplinary team of attorneys across the firm's office locations that stays on the edge of legal developments affecting our clients in the digital age. We advise and represent businesses in all facets of data security, privacy, and technology litigation. We work with our clients proactively to implement the best practices and policies with respect to data security and privacy to avoid legal problems before they start. When a data security incident occurs, we serve as breach counsel to provide comprehensive assistance to our clients to navigate the investigation and notification requirements that must be followed. After an incident, we defend clients against government investigations or enforcement actions, as well as third-party litigation such as class action lawsuits by customers or clients and all manner of Technology Errors & Omissions (Tech E&O) claims.

Data Breach Preparedness

The attorneys in our Data Security, Privacy & Technology practice group take a proactive approach by working with clients to prepare for data breaches before they occur. Studies routinely show that organizations with strong security postures and a written data breach response plan in place beforehand experience less interruption and have lower costs when responding to a data breach. As such, our team works with clients to develop the right policies and procedures, and to conduct the right training, to protect them in these situations. Our work in this area includes review and preparation of written policies and procedures, including incident response plans; execution of table top exercises; presentation of workforce training; and drafting and negotiation of vendor contracts.

Data Breach Response

When an organization experiences an actual or potential compromise of data security, it faces a number of legal requirements to investigate and respond, typically in a very short time. The attorneys in our Data Security, Privacy & Technology practice group are approved panel counsel for many insurance carriers and have experience serving as breach counsel in hundreds of data security incidents around the country and involving all types of data.

We provide comprehensive legal counsel in response to a data breach, including advising clients during the investigative process to determine the nature and scope of the breach and then formulating the best strategy for a response. We advise clients on compliance with notification laws and help prepare required communications to affected individuals, customers, and employees. Following an incident, we also represent clients in response to state and federal regulatory investigations or other administrative or legal actions that may be brought. Our goal is to help minimize the impact the breach has on your business and the potential for any legal exposure.

Tech E&O, Regulatory Actions and Litigation

An organization that has experienced a data breach is often required to self-report to certain regulators. In addition, some laws allow regulators to launch investigations into an organization's systems and security practices even when there has not been a reported data breach. These investigations can take years, involve voluminous requests for documents and information, and result in lengthy and sometimes tense negotiations with regulators. The FMG Data Security, Privacy & Technology practice group is experienced in representing organizations with matters before state and federal regulators, including attorneys general, state agencies, the Federal Trade Commission, the Department of Health and Human Services, and the Office for Civil Rights. Our attorneys also have represented many clients in credit card breaches, assisting with the response to the complex and often lengthy investigation done by the Payment Card Industry.

In addition, our team of attorneys represent business organizations in all manner of third-party litigation involving data security, privacy, and technology. Whether it is a single-plaintiff or class action lawsuit based on a data breach, an enforcement action brought by a government agency, or a Technology Errors & Omissions (Tech E&O) claim, our attorneys are admitted across the county and have the knowledge and experience to provide the best legal defense possible.

eDiscovery and Records Management

With most information now stored electronically, businesses face new challenges in the discovery of electronic information in litigation and in the management of the large volume of data stored within their organizations. They have to manage where and how electronic information is stored and implement and follow information governance programs to comply with legal obligations regarding discovery in litigation and the security and privacy of customer and employee data.

FMG's Data Security, Privacy & Technology practice group advises and represents clients in all aspects of electronic discovery and information governance. We provide counsel on eDiscovery issues including pre-litigation preparedness and the preservation, collection, review, and production of electronic information in litigation, as well as information governance issues related to data security, privacy and records management. Our multi-disciplinary team of attorneys help clients meet these legal obligations while at the same time managing costs and facing the realities of and need for the continued operation of your business. Our attorneys also help clients develop data preservation, document retention, and information technology usage policies, including privacy and information security plans. We also provide workplace training and help coordinate the work of computer forensic investigations and other technology experts and vendors.


Directors & Officers Liability

FMG's Directors and Officers (D&O) liability practice group includes attorneys from all of our offices and provides specialized defense for the directors and officers of private, public and non-profit organizations. Talented directors and officers are at their best when they can take strategic risks without excessive liability hanging over their heads. This is the guiding principle which our D&O team fights to protect. Our experienced trial attorneys bring decades of courtroom and litigation experience to protecting individuals, directors, and officers against losses that may result from alleged errors in judgement, breaches of duty, or other wrongful acts in the course of their work.

The FMG team handles cases professional liability cases involving high-stakes, complex claims. While most of the claims we handle arise from D&O policies, insurers that underwrite D&O insurance typically also underwrite errors & omissions (E&O) insurance for business professionals, financial institutions and financial services firms, as well as investment banks, investment advisors, accounting firms, and law firms. Therefore, we regularly handle large E&O claims involving the same kinds of underlying litigation and governmental investigation claims activity that involve D&O policies. We also assist in drafting policies and endorsements as well as in identifying risk management and risk evaluation tools to assist insurers in better managing these insured exposures. Lawyers in our D&O Practice Group are also regularly involved in educational and insurance industry programs and seminars for D&O insurance professionals dealing with cutting-edge issues in the law and in the D&O marketplace.

Our experience also includes claims for officer or director breach of duty, including insolvency claims, breach of fiduciary obligations under ERISA, employment disputes, misstatement of financial reports, negligent acts with respect to avoiding damages to company property, and misuse of company funds.


Employment Practices Liability Insurance (EPLI)

Our law firm's employment attorneys are at the forefront of employment practices liability insurance and defending insureds of EPLI providers. We currently are approved or conflict counsel for over twenty different insurance carriers and have one of the largest EPLI practices in the region. Our lawyers are fully versed in claims handling and billing procedures and consistently receive the highest reviews for compliance with insurance guidelines. Our lawyers also regularly counsel and assist employers in the selection of EPLI policies and understanding insurance provisions and coverage.


Errors & Omissions (E&O)

FMG's Professional Liability section includes the E&O practice team which handles a wide array of professional negligence claims. Our seasoned trial attorneys have defended and tried to verdict numerous cases throughout the country. Our attorneys defend insureds of over 30 national carriers providing coverage for accountants, doctors, dentists, lawyers, insurance agents, real estate agents, teachers, architects, engineers, clergy, corporate officers, and other professionals.


Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act ("FDCPA") was enacted to curb abusive, unfair, or deceptive debt collection practices. The Act governs the collection of debts by third-party debt collectors and includes a myriad of requirements that debt collectors must follow to avoid liability.

FMG has substantial experience in defending FDCPA claims raised against a variety of entities, including for-profit and non-profit organizations. FMG also has extensive experience defending putative class action claims brought pursuant to the TCPA and the FDCPA.

Our professionals closely monitor the procedures and guidelines issued and updated by the Federal Communications Commission, the Federal Trade Commission, and the Consumer Financial Protection Bureau, and advise clients on the activities of these and other federal agencies.


Home Owners Associations (HOA)

FMG has successfully represented homeowner's association and property management companies in a myriad of claims involving members and tenants. Litigation of this kind can be costly, lengthy, and very trying. Whether brought as contract claims, torts, Fair Housing complaints, FDCPA claims, wrongful eviction, or nuisance suits, tenants and members are notorious for escalating disputes to litigation.

Our attorneys know these cases and bring their years of experience to protect your rights. FMG will work to develop a strategy that fits your unique circumstances. We strive to achieve your business objectives and help you achieve a cost effective solution.


Lawyers Professional Liability

FMG's Lawyers Professional Liability team has successfully represented some of the nation's major law firms and their insurers. Our attorneys are experts in prompt evaluation of cases and developing a strategy for the optimum outcome, whether it be early evaluation or trying a matter to verdict. Our attorneys also regularly advise law firms on preventive policies to reduce the likelihood of future claims.

Lawsuits against lawyers are increasingly common in today's litigious environment. Plaintiffs use the threat of jury prejudice, reputational damage, negative client impact and business disruption as tactics to dissuade valid defenses. FMG brings uses its reputation for trial expertise to ensure that the opposition knows you have the ability, if needed, to obtain the best trial outcome in order to protect your valuable interests in these critical matters.

Our firm's LPL practice is built on the recommendations of our fellow attorneys who know the skill set we bring to defense of these claims and our record of success.


Medical Malpractice, Nursing Home & Allied Health Liability

FMG has a team of attorneys dedicated to the defense of medical institutions and health care providers. Our team defends hospitals, medical groups, nursing homes and other medical entities. We also defend physicians, nurses, physician groups, and allied health professionals in all aspects of their respective professions. Our attorneys have successfully defended these medical providers in federal and state courts throughout the country.

Our litigation experience encompasses not only wrongful death and injury claims predicated on allegations of medical negligence, but also includes federal civil rights lawsuits in which the claimant alleges deliberate indifference to serious medical needs. Additionally, we have extensive experience in the medical credentialing process, including cases regarding revocation of medical privileges. Our representation of these various medical groups and individuals also includes business disputes with partners, landlords, and developers. We also have defended employment claims; contract claims; medical malpractice claims alleging neglect, injury, and death; fraudulent charting; medication errors; physical, mental, and sexual abuse; exploitation; breach of residents' rights; and theft of property.

Our lawyers have extensive knowledge of federal, state, and local laws in the constantly changing legal developments and are committed to achieving cost-effective and positive results for our clients.


Nonprofit & Associations

FMG's Nonprofit practice group recognizes that nonprofit organizations use legal services differently than for-profit corporations. Our lawyers know nonprofits and associations require legal counsel who are familiar with the special laws and regulations impacting nonprofit organizations. We have assembled a dedicated group of lawyers and support personnel knowledgeable in this complex and unique area of the law.

Our lawyers serve as general and litigation counsel and also regularly counsel and represent nonprofits and associations with respect to contracts, negotiations, employment matters, risk management, construction issues, filing requirements, general liability issues, directors and officers liability, insurance, and other legal needs.

Our experience includes representing nonprofit organizations in front of State and Federal agencies and courts, and we can provide legislative drafting, review and oversight services.

Pulling from a significant background in political and governmental representation, our firm can handle sensitive and complex matters requiring a combination of legal and political skills.


Professional Liability

FMG's Professional Liability practice includes representation of corporations and insurance companies in all aspects of professional lines and insurance issues. We serve as national and coordinating counsel for a variety of carriers and corporations in their litigation, including insurance coverage matters. Our firm also is a member of PLAN (Professional Liability Attorney Network), the preeminent national organization of professional liability law firms. Our lawyers are known not only for their proactive and aggressive ability to promptly resolve claims, but also for their courtroom skills when cases proceed to trial.

FMG attorneys have substantial experience in all aspects of professional liability, including:

  • Agents & Brokers Liability
  • Architects & Engineers claims (A&E)
  • Broker-Dealer (FINRA) disputes
  • Cyber & Data Liability
  • Directors & Officers
  • Errors & Omissions (E&O)(accountants, doctors, dentists, lawyers, insurance agents, real estate agents, teachers, architects, engineers, clergy, corporate officers, and other professionals)
  • Fiduciary Liability
  • Insurance Coverage & Declaratory Judgment cases
  • Lawyers Professional Liability (LPL)
  • Medical Malpractice & Allied Health
  • Miscellaneous Professional Liability (MPL)


Real Estate Agents & Appraisers

FMG is deeply rooted in the real estate industry. Our attorneys have extensive experience representing real estate and title professionals and also property appraisers in matters alleging errors and omissions, negligence and fraud. Our team's practice includes an array of title claims and challenges involving real and personal property. We also have a substantial practice involving commercial tax appeals and other real estate related disputes. Our lawyers business knowledge ensures the best outcome for your case. Our attorneys also provide extensive counseling and training on risk management practices in order to prevent and avoid claims.


Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act ("TCPA") was enacted in 1991 to address an increase in telephone marketing calls and certain telemarketing practices that were considered an invasion of privacy. Today, the TCPA has become a trap for the unwary, as it has been interpreted to include within its reach telephone calls beyond the scope of the telemarketing calls it was intended to address and is otherwise subject to shifting interpretations. Most significantly, the TCPA imposes harsh penalties, especially in the context of class action claims.

FMG has substantial experience in defending TCPA claims raised against a variety of entities, including for-profit and non-profit organizations. FMG also has significant experience defending putative class action claims brought pursuant to the TCPA.

Our professionals closely monitor developments in interpretation of the TCPA, including rulings issued and updated by the Federal Communications Commission, and advise clients of these developments.