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Professional Liability Defense

Kramer Levin has a long history of effectively representing accounting firms, consulting firms, law firms, international networks and professionals before regulatory bodies and in litigation defense.

  • Our firm has for decades successfully defended accounting, consulting and law firms; international networks and their professionals; corporations; and corporate officers and directors in civil and criminal state and federal court trials and appeals, regulatory investigations, administrative hearings and government enforcement proceedings, and in ADR forums such as arbitration and mediation. We have extensive experience advocating for clients before the Securities and Exchange Commission, the Public Company Accounting Oversight Board (PCAOB), the IRS, the U.S. Department of Justice, and licensing boards and disciplinary agencies throughout the United States.

    Our team has successfully handled numerous high-profile securities class actions and professional liability matters. Our team’s advice goes beyond U.S. regulations. We have extensive experience in the international arena. Our international practice includes defending foreign clients in regulatory and litigation proceedings in the United States — often in connection with proceedings by foreign regulators — and providing advice on cross-border discovery and international rules and restrictions, such as the EU’s General Data Protection Regulation (GDPR) and the U.K.’s Criminal Finances Act 2017. We have represented foreign clients in Africa, Asia, Australia, Canada, Europe and South America. In France, as in the United States, Kramer Levin represents leading professional services firms in litigation, regulatory investigations and government proceedings.

    As a leader in the field of accountants and auditors defense, we have defended clients in some of the best-known accounting cases over the years, from Lehman Brothers and Enron to WorldCom and Parmalat.

    We have achieved favorable results for our clients in cases alleging:

    • Malpractice
    • Professional misconduct
    • Violations of rules of professional conduct
    • Negligence and gross negligence
    • Breach of fiduciary duty and other torts
    • Breach of contract
    • Fraud, securities fraud, fraudulent transfers and racketeering
    • Ethics and independence violations
    • Conflicts of interest
    • Other claims of wrongdoing involving accounting, auditing, consulting and tax practices

    We also represent clients concerning:

    • Credentialing and license acquisition, renewal, and reinstatement
    • Relations with current and former clients
    • Grand jury subpoenas, regulatory subpoenas, civil investigative demands and third-party civil discovery requests
    • Unauthorized practice of law

    Kramer Levin lawyers have defended clients on disqualification and sanctions motions, and in license revocation hearings, grievance proceedings, contempt proceedings and disciplinary actions. Clients also rely on us for advice on corporate governance matters, including accounting-related issues, transfer of liability issues in accounting and law firm international networks, regulatory compliance and disclosure obligations, insurance coverage, audit committee relationships with independent auditors, accounting errors and irregularities, and internal audits and investigations. We are frequently called on to provide ethics and professional responsibility training; to review and revise policies, practices, and protocols; to establish best practices; and to develop codes of conduct, compliance procedures and risk management strategies to avoid future liability.

    Our 360-degree approach can involve studying our clients’ liability coverage and interfacing with insurance carriers. We also work closely with public relations firms to help our clients preserve their relationships and avoid adverse publicity.

    Defining Matters

    A 'Litigation Powerhouse'
    — Law360

    Practice Contacts

  • Perspectives

    • Client Alerts
      May 15, 2019
      SEC Proposes Amendments to Accelerated Filer and Large Accelerated Filer Definitions
      Read More
    • Media Mentions
      Jan. 05, 2018
      The Financial Times: PwC’s Failure to Spot Colonial Fraud Spells Trouble for Auditors
      Read More
    • Public Alternative Funds Report
      Dec. 22, 2017
      SEC provides staff guidance on accounting effects of tax reform package
      Read More
    • Media Mentions
      Oct. 19, 2017
      The Wall Street Journal: Auditor’s Decision Deals Blow to U.S. Crackdown on Leveraged Loans
      Read More
    • Funds Talk
      Dec. 01, 2016
      Auditor Faces SEC Proceeding Over Venture Fund Fees
      Read More
    • Announcements
      Oct. 20, 2010
      13 Kramer Levin Attorneys Named to AVENUE’s Legal Elite
      Read More

  • Recognition

    2022
    Benchmark Litigation: Law Firm of the Year for New York

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