Commercial Litigation
Professional service providers rely on Thompson Coe to protect their rights and ensure fulfillment of agreements and contracts. In addition to pursuing contract claims on behalf of our professional clients, we are often called upon to defend our clients against claims alleging misrepresentation and fraud, arising from complex questions of contract interpretation. That can involve controversies over:
- Inaccurate disclosure of financial information
- Contract negotiations of terms in bad faith
- Billing and fees for professional services
- Misappropriation of trade secrets or intellectual property rights
- Office space leases and their terms.
Partnership Disputes
Professional service firms regularly face disputes among partners who are involved in disposition or dissolution of the business. We know that such controversies typically involve strong-minded individuals who are unable to reach an amicable resolution on the division of their business assets.
In such controversies, Thompson Coe lawyers are experienced in contested business dissolution matters involving the members of limited liability companies, limited partnerships, S corporations and a variety of other entities. These cases often involve allegations of breach of fiduciary duty, theft or concealment of business assets/opportunities and similar business torts, and we apply a full range of skills (from forensic financial investigation to complex tax analysis) to resolve them effectively.
Risk Management
Our work for professional service providers involves strategic risk management and mitigation. Our approach emphasizes practical, hands-on business experience to help clients avoid problems through selection of the appropriate business entity (such as a limited liability company or limited liability partnership) and implementation of effective operational and business controls. Often we advise on the business best practices that enhance liability insurance coverage.
To that end, we emphasize such proactive risk prevention strategies as claims and litigation analysis, and document retention programs to reduce risk and potential liability. Another important part of our counsel in this area includes using our substantial insurance knowledge to help professionals service firms negotiate and purchase insurance and resolve other insurance-related needs.
We also advise clients on the evaluation of fiduciary liability risks, including making a determination of whether there would be insurance coverage for special liability concerns.
Advertising Controversies
When professional service providers or the marketing agencies they engage face any challenges or disputes involving advertising and marketing claims or strategies, our firm provides an effective defense. We can appear on behalf of clients before the courts, state attorneys general, professional service disciplinary boards, and advertising industry self-regulatory bodies such as the Advertising Review Board of the Better Business Bureau. Whether allegations involve claims of false advertising, unfair competition, infringement or improper solicitation, our lawyers know how to mount a credible defense.
As more insurance companies add broker-dealer services that enable their agencies to sell a range of financial service products, Thompson Coe has helped insurance agents register their products and services with the Texas State Securities Board and other appropriate regulators.
Focused Professional Services Counsel | >>TC@WORK |
Although risk management counseling and commercial disputes involve issues common to many professional service providers, we are fully prepared to deal with the concerns that are unique to a wide range of professional service organizations.
Accountants
We have defended and resolved claims against accounting firms of all sizes, including some of the largest in the country. Our work includes defense of claims arising out of audits, preparation of financial statements, tax return preparation and all other areas of accounting practice.
Health Care Professionals
Thompson Coe represents individual health care providers in malpractice litigation and before their licensing agencies on appeals of administrative decisions. We defend them in partnership and contract disputes, as well as matters involving medical staff privileges of physicians and health care facilities, chemical dependency, and fraud and abuse. We also ensure that provider organizations meet the performance obligations required by their state licenses, and resolve problems over compliance with regulations and patient care standards.
Insurance Agents and Agencies
Thompson Coe has some of the top lawyers in Texas who defend insurance agents, brokers, or brokerage agencies in litigation, as well as in actions by the Texas Department of Insurance. Many of the cases that we handle require us to resolve allegations of misrepresentation, inadequate coverage or product unsuitability. We also have a sophisticated insurance transactional practice involved in assisting companies in acquiring or selling insurance companies, agencies and brokerages.
Design Professionals
Thompson Coe defends architects, engineers and other design professionals against a wide range of construction-related claims alleging financial or physical loss due to professional malpractice and breach of contract. Our lawyers understand the construction business and the unique relationships among the various professionals and contractors on a jobsite. Our work with numerous liability insurance companies, skill at contract negotiation and interpretation, and knowledge of construction industry practices form the core of our ability to provide effective counsel architects, engineers, and other design professionals.
Securities Broker-Dealers
We have handled many customer disputes against broker-dealers in arbitration and in court, alleging inappropriate investment and trading strategies. Our litigators also regularly represent broker-dealers in other matters, such as restraining orders in broker raiding cases involving noncompetition and non-solicitation contracts, and in regulatory and disciplinary matters before state and federal regulators, FINRA, and other credentialing agencies. Broker-dealers also ask us to represent them in wage disputes and EEOC discrimination claims.
When our law firm client sued a public company over an unpaid fee claim, the company countersued for fee misrepresentation. When defense efforts at the trial level were unsuccessful, we appealed the case—and secured the fee award for our client.
We have represented law firms of all sizes, as well as solo practitioners, in claims asserted by current or former clients, as well as internal firm conflicts that raise questions of professional and personal liability. Firms rely on Thompson Coe’s discreet and experienced guidance to defend professional reputations and financial solvency. Our clients have included lawyers who practice across the full range of legal disciplines: commercial litigation, personal injury litigation, real estate, securities, business transactions, debt and collection, bankruptcy, family law, intellectual property, and trusts and estates. In addition to defense in court, we also represent lawyers in disciplinary matters before the State Bar of Texas.
Summary: Informed, Effective Advocates
Our lawyers advise and counsel professionals in virtually every field. We understand the full range of issues that service providers face, from insurance liability to ethics reviews, and have the technical insight to deal with the complexity of contractual, insurance and financial issues. From deciding the right business entity and developing risk management strategies, to resolving fee, contract or licensing disputes, we are informed and zealous advocates for professional service providers.