Professional Malpractice

In today’s unpredictable business climate, where there is heightened governmental and regulatory scrutiny, there is a surge of litigation against lawyers, accountants and other professionals. This litigation threatens established businesses and the economic survival of individuals, partnerships, and companies. High damage claims and adverse reputational risk are serious concerns. Today, more than ever, clients trust Gunster when the stakes are high, the challenge complex, and winning is the only option.

With an intense history of representing major accounting firms in malpractice cases, Gunster’s Professional Malpractice Group is well suited to act as ‘go-to’ counsel for professional services firms in protecting their businesses.
We can assist your company in navigating the complexities associated with a potential claim, including an SEC investigation all the way through litigation.
As matters and situations dictate, we always draw upon the deep expertise of our attorneys from our securities, tax, banking, real estate, insurance coverage, governmental investigation defense, and Electronically Stored Information (ESI) groups.

Gunster has always had a leading business litigation practice and enjoys a strong reputation and a long history of success. Operating from a network of 8 offices throughout Florida, Gunster’s comprehensive business litigation group has a broad range of experience in defending Fortune 500 corporations in complex litigation matters, having successfully litigated cases at all levels of the state and Federal courts and in commercial arbitrations throughout the country. Because of our extensive experience, Gunster is able to craft the most favorable approach to secure the best results for our clients and we are aggressive advocates in and out of the courtroom.

Gunster’s Professional Malpractice group represents a range of clients, including some of the largest accounting firms in the country, against liability claims seeking over $100 million in damages for alleged fraud, negligence, conspiracy, and breach of fiduciary duty. One of Gunster’s lead litigation attorneys is one of a handful of lawyers in Florida who companies turn to when potential damages exceed $500 million. Our team includes attorneys with substantial experience in professional malpractice matters. When appropriate, we draw upon the resources from other practice areas within the firm including tax, insurance, banking, employment, securities, real estate, and corporate governance to provide an inclusive approach to a case or challenging legal issue. Our Tax group, for example, is the strongest and largest in the state with many of these attorney-CPAs providing appropriate insight and understanding of the unique challenges and potential liability accounting professionals are faced with today. In addition, we practice efficient litigation management, understanding client concerns regarding the high costs typically incurred in defending professional malpractice actions, and manage costs based on risks.

Click the Representative Matters button on the right hand panel to learn more about our experience.

Practice Group Leader

David R. Atkinson, Jr.

West Palm Beach, Florida 33401-6194
(800) 749-1980

Professional Malpractice Attorneys

Representative Matters

We have substantial experience in a variety of professional malpractice matters representing accountants and lawyers over the last twenty years.
We currently represent a Big Four accounting Firm in connection with an investigation by the State of Florida Office of Financial Regulation into improper financial statement audits of a large property and casualty insurer. Total exposure $800 million.
We currently represent a Big Four accounting firm against a Florida-based global biotechnology company seeking over $400 million in damages for audit malpractice, civil conspiracy, breach of fiduciary duty, and constructive fraud.
We currently represent a large international accounting firm in connection with a claim of professional malpractice for failing to detect foreign tax liability in a due diligence investigation of a client’s acquisition target. Plaintiff is seeking $100 million in damages.
Currently representing a Big Four accounting firm in arbitration proceedings brought by a former public audit client. The claimant alleges that its auditors, both in the United States and Hong Kong, failed to discover and report material financial improprieties and fraud at the claimant’s consolidated Chinese subsidiary. The claimant contends that the United States accounting firm is liable both for its own alleged negligence and that of the Hong Kong affiliate, which performed statutory audits under Hong Kong GAAP. The claimant also asserts that, once the fraud was discovered, its auditors and its outside counsel (which are being sued in a parallel state court proceeding) conspired to conceal the auditors’ negligence by thwarting the company’s independent investigation of the improprieties.
Represented a Big Four accounting firm in Florida state court litigation brought by a former audit client’s principals, who alleged negligence, negligent misrepresentation and breach of fiduciary duty after they sold their company allegedly in reliance on the accounting firm’s advice and audit opinions. The case involved the accuracy of the audits and the accounting firm’s alleged conflict of interest in performing services for both the buyer and seller.
Represented a Big Four accounting firm in arbitration proceedings arising from the firms audits of a university’s federal student assistance programs. After the Department of Education concluded that the university violated student loan program requirements and ordered remedial action, the university sued its auditor, claiming that its auditor breached its contracts to audit the university’s federal student assistance programs, negligently performed the audits and breached its fiduciary duty.
We have successfully tried a twelve-week appraiser professional liability case.

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