Practice Areas

Professional Liability

MCWG attorneys offer comprehensive representation to management and professional liability insurers. Our insurance company clients provide coverage to Fortune 500 companies, private companies and non-profits operating across diverse global business sectors including financial institutions and financial services, pharmaceuticals, entertainment and media, mining, technology, digital service providers, food and beverage, oil and gas, and other professional services companies.

To best assist and advise our insurance company clients, MCWG attorneys offer expertise across varied coverage lines, including directors and officers liability, financial institution professional liability, fiduciary liability, and errors and omissions/professional liability.

Directors and Officers Liability

MCWG attorneys have decades of experience representing primary, excess and “Side A” insurers in connection with directors and officers liability policies. Our attorneys have counseled insurance companies on some of the most significant and complex directors and officers claims, including those arising out of securities class actions, derivative lawsuits, bankruptcies, SEC and other regulatory investigations, as well as criminal investigations and trials. MCWG attorneys provide advice throughout the lifespan of the claim, including comprehensive coverage analysis, efficient monitoring of multifaceted claims, strategy assessment, damage evaluation and claim resolution. In addition, our attorneys provide thoughtful solutions in the mediation and settlement process. When necessary, our attorneys have successfully defended insurers in D&O coverage disputes, including claims for extra-contractual damages.

MCWG attorneys have assisted global insurance companies with the drafting of D&O policies, including drafting policy language and endorsements and providing thorough review, comment and analysis of existing policy forms.

ERISA/Fiduciary Liability  

MCWG attorneys represent insurers in connection with claims for breach of fiduciary duty under ERISA, HIPAA and other provisions involving the management and administration of pension plans, savings plans, profit-sharing, employee benefits, and health and welfare plans. Our attorneys assist insurers with the claim process, including providing an assessment of the merits of the underlying litigation, coverage analysis, identification of insureds, advice on the insurers’ rights and obligations under the policy, damage evaluation and claim resolution.

Financial Institutions Liability

MCWG attorneys have extensive expertise working with financial institutions liability coverage including coverage for banks, insurance companies, private equity investment groups, investment advisors, mutual funds, investment banks, security broker dealers, and insurance agents. Our attorneys are practiced in the coverage issues particular to these claims, as well as the intricacies of the underlying litigation as is often seen in securities claims, regulatory claims, merger and acquisitions, bankruptcy, investment related claims and claims involving mortgage-backed securities. MCWG attorneys have advised insurance company clients on coverage and strategy, from inception to resolution, including drafting of complex release and settlement agreements.

MCWG frequently defends financial institutions in errors and omissions, directors and officers, ERISA and related claims. The firm’s attorneys have extensive experience representing insureds in claims against directors, officers, investment advisers, mutual funds, and other professionals involving securities class actions alleging violations of the 1933, 1934 and 1940 Acts, including analyses of damages, management of litigation and trials, and negotiation of settlements.

The firm represents broker-dealers, financial advisers, and registered investment advisers in litigation and arbitration, including arbitrations before the Financial Industry Regulatory Authority (FINRA).

MCWG lawyers are also experienced in handling matters involving SEC, CFTC, FINRA, and NFA investigations, ERISA cases involving stock drops, shareholder derivative actions, claims against the pharmaceutical industry, claims involving federal and state employment laws, and employment-related practice litigation. MCWG has also represented banks and other financial institutions, and their directors and officers, in a variety of commercial and professional liability litigation matters. The firm also has experience analyzing cyber-liability cases.

Errors and Omissions

MCWG provides advice to its insurance company clients in connection with professional liability policies issued to lawyers, accountants, architects, engineers, insurance agents, real estate brokers, and other professionals, in connection with the defense of professional liability claims. Our attorneys provide in-depth coverage analysis under the error and omissions policy form in conjunction with an evaluation of the merits of the underlying negligence claim. MCWG attorneys have successfully worked with defense counsel to reach reasonable resolutions of the underlying claims as well as reconcile potential coverage disputes.

We represent attorneys before the Grievance Committee and Appellate Division and bar applicants before the Committee on Character and Fitness in matters of professional ethics and discipline. We also advise corporations and other entities with respect to the unauthorized practice of law.

MCWG maintains an active employment defense practice in the federal and state courts and before federal and state agencies both in New York and in California. In New York, the firm’s lawyers have represented employers before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Human Rights Commission as well as in federal court. In California, our attorneys have significant employment law experience including before the San Francisco Human Rights Commission and multiple California courts and agencies. We have over 20 years’ experience litigating employment cases for major California financial institutions, high-tech companies, and municipalities, winning the dismissal of dozens of employment lawsuits at trial or on summary judgment.

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