Litigation
Law Firm Defense
Gibson Dunn is the go-to choice for law firms facing significant claims and complex legal problems.
Defended 43 of the AmLaw Top 50 firms
30 years of experience defending law firms and their partners in the most sensitive and complex matters
Successfully defended hundreds of high-stakes matters for firms across the U.S., with aggregate claims exceeding $25 billion
Tier 1-ranked by Chambers USA, one of only three firms
Overview
Gibson Dunn’s Law Firm Defense Practice Group has extensive experience and an impressive record of success in defending national, regional, and international law firms at both the trial and appellate levels, as well as in arbitration.
Whether a law firm is facing a legal malpractice action, individual or representative claims by third parties, a malicious prosecution action, or a disqualification motion, Gibson Dunn is frequently at the forefront of defending such matters.
Not only does our group vigorously defend law firms in complex, high stakes and often high-profile cases, but it also regularly represents law firms in connection with threatened claims and where feasible, resolves such claims prior to the filing of a complaint. The expertise and services provided by our lawyers — and our record of success — is unparalleled.
Legal malpractice cases routinely consist of two cases in one — the malpractice case itself and the underlying lawsuit or transaction. Our group is made up of highly skilled litigators with experience in a range of practice areas, and Gibson Dunn’s clients benefit from our group’s ability to marshal the Firm’s vast nationally recognized expertise in the law governing legal malpractice claims, as well as other areas, to assess and respond to the underlying lawsuit or transaction.
Recognizing that law firm clients are sophisticated and knowledgeable, the Law Firm Defense Practice Group involves them in every step of the representation, inviting clients to participate in devising strategies and giving them opportunities to reduce legal fees and costs in areas where they can provide litigation support.
Areas of Expertise
- Legal malpractice actions
- Bankruptcy-related litigation
- White collar investigations
- Disqualification motions
- Malicious prosecution actions
- Third-party claims
- Claims analysis and early resolution
- Appellate
- Labor and employment
Gibson Dunn does not just win trials. Our group also focuses on helping law firms avoid malpractice actions, disqualification motions, and other unwanted activity in the first instance. Our lawyers are also frequently retained to interface with a law firm’s client or its legal representatives when a malpractice action is being threatened, but not yet filed. Our group is trained to evaluate potential litigation at the earliest stages and to determine whether the litigation can be avoided altogether or economically resolved prior to a complaint being filed. Whether through informal discussions and/or pre-filing mediation, Gibson Dunn has avoided lengthy and costly litigation for its clients and their insurers.
We frequently dispose of cases long before trial by thoroughly analyzing the legal and factual issues involved and creatively applying our broad knowledge of the law to obtain early dismissals whenever possible. When disposal of a case is not possible, our practice group has unparalleled experience and success at trial. If pretrial dismissal proves unobtainable, we can and will take cases all the way to verdict.
“They're extremely creative in seeking resolution of matters, either in negotiation or in trial. Sometimes you see a dead end, but Gibson Dunn can suggest a different path.”
Chambers USA, client quote
Experience
Recent representations include:
- AmLaw 50 Firm: Secured five consecutive partial summary judgments in Texas state court for an AmLaw 50 firm, effectively dismissing all claims brought by a bankruptcy trustee against the firm for over $200 million, by disproving the claims and demonstrating that the bankruptcy plan’s provisions barred such claims.
- AmLaw 50 Firm: Achieved the complete dismissal with prejudice of all claims filed by former President Trump against an AmLaw 50 firm in federal court, demonstrating that Trump’s RICO claims were unfounded and contributing to nearly $1 million in sanctions awarded to other defendants.
- AmLaw 50 Firm: Defeated in substantial part an SEC subpoena enforcement action against an AmLaw 50 firm by persuading the court to limit the disclosure to just seven client names out of 298, securing a settlement that included confidentiality protections and waiving the right to appeal for most clients.
- AmLaw 10 Firm: Secured pre-trial dismissal of two related malpractice actions against an AmLaw 10 firm, each seeking hundreds of millions in damages, by demonstrating flaws in the claims and successfully challenging them both in federal and state courts.
- AmLaw 100 Firm: Achieved a complete victory for an AmLaw 100 firm in the Third Circuit by securing a dismissal with prejudice of a $56 million fraud lawsuit after overcoming a prior reversal on procedural grounds.
- AmLaw 50 Firm: Secured a key victory for an AmLaw 50 firm when the Eleventh Circuit vacated a sanctions order against two of its top litigators in the 3M combat arms earplug MDL, finding that the district court had violated due process and misapplied the legal standards for sanctions.
- AmLaw 100 Firm: Achieved significant victories for an AmLaw 100 firm in two Northern District of Georgia cases by securing the dismissal of all claims in Peskin v. Peachtree Investment Solutions, LLC and most claims in Hoover v. Strategic Capital Partners, LLC, challenging allegations of fraud and RICO conspiracy related to conservation easement transactions.
- AmLaw 10 Firm: Secured summary judgment for an AmLaw 10 firm, which was affirmed on appeal, by demonstrating that the plaintiffs’ claims were time-barred, barred by the doctrine of in pari delicto, and precluded by a prior settlement agreement, with the Illinois Supreme Court later denying the plaintiffs’ leave to appeal.
- AmLaw 10 Firm: Secured a complete victory by achieving the dismissal of all claims against an AmLaw 10 firm in a lawsuit filed in the Central District of California for legal malpractice and breach of fiduciary duty seeking damages of more than $400 million.
- AmLaw 50 Firm: Achieved a favorable settlement for an AmLaw 50 firm in the Southern District of Texas by successfully opposing remand, securing a partial dismissal of the case, and negotiating a beneficial settlement after extensive discovery efforts.