November 1, 2019 – Kenny Nachwalter, P.A., a leading law firm in the field of complex business and antitrust litigation, today announced that U.S. News – Best Lawyers has once again named the firm among the 2020 “Best Law Firms” in the United States. The publication awarded Kenny Nachwalter with 8 National practice rankings, including a Tier 1 ranking in Appellate Practice. The firm also received 15 Metropolitan practice rankings, for Miami which included 14 Tier 1 rankings in the areas of:

• Antitrust Law
• Appellate Practice
• Arbitration
• Bet-the-Company Litigation
• Commercial Litigation
• Copyright Law
• Entertainment Law – Motion Pictures & Television
• Legal Malpractice Law – Defendants
• Litigation – Antitrust
• Litigation – Intellectual Property
• Litigation – Securities
• Mediation
• Securities/Capital Markets Law
• Trademark Law

The Tenth Edition of the U.S. News & World Report – Best Lawyers 2020 “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Firms included in the 2020 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2020 rankings had the highest number of participating firms and client votes received on record. Almost 16,000 lawyers provided more than 1,229,000 law firm assessments, and more than 12,000 clients participated providing 107,000 evaluations.

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

As published in the Daily Business Review Practice Focus/Insurance on September 30, 2019

The Florida Supreme Court could soon decide to reduce protection of attorney-client privileged information for insured professionals increasing their reputational risks. In Arch Insurance v. Kubicki Draper, Case no.: SC19-673 (Fla.), insurance carriers ask the court to allow them the right to prolong litigation relating to insured claims, provoking defense lawyers to reveal the insureds’ confidential, privileged, and negative information, and keeping the insured’s alleged mistakes and wrongdoing in the courts and press long after the original insured claim has been settled. Is this what professionals and others bargained for when they bought professional liability policies?

Florida adheres to the rule that only clients should be able to sue lawyers for negligence. In the near future, the Florida Supreme Court will decide whether to treat insurance carriers as clients of defense counsel, without the consent of the insured, so that carriers can sue counsel appointed to represent their insured policy owners. Significant conflicts arise between insured and insurer—and between former clients and defense counsel—with respect to such suits.

On the surface, Arch Insurance Co. and the American Property & Casualty Insurers Association have a sympathetic argument: When an insured claim is handled badly, the insurer pays the defense costs and any settlement or judgment. Therefore, the insurer should have the right to sue defense counsel to recoup those costs. Otherwise, they argue, the negligent lawyer suffers no consequences.

On more considered thought, however, the insured client would suffer more harm from such suits than can be justified by theoretical consequences imposed through additional litigation. Naturally, the financial expenses of litigation against defense counsel will simply be paid by their own insurance company and have little direct effect on the allegedly negligent defense lawyer. Regrettably, the intangible costs of such litigation are instead imposed on the original insured professional, who loses control over its privileged communications and negative information, remains entangled in litigation despite resolution, and suffers additional investigation and reporting recapping the original suit.

If an insurance carrier sues defense counsel, it might recover if it proves that there would have been a different result—not necessarily an exoneration of the insured client, but a lower cost for settlement and defense. However, the defense lawyer who previously zealously advocated for the insured and looked for every fact or argument that might exonerate the former client is now incentivized—and permitted—to demonstrate just how bad the case against the insured really was.

In defending themselves, lawyers would no longer be required to keep their communications with clients, their factual and legal research, or their assessments and thoughts about the case, the people and the client private. When the carrier sues defense counsel, relevant confidential or privileged communications can be revealed in the lawyer’s defense. Any thoughts the lawyer had about the credibility of the witnesses might become part of the record in the new case the insurer pursues, if it supports an argument that the outcome of the case would have been no better. With this new suit, the carrier creates a conflict between the insured and its former defense lawyer.

The insured would also suffer continued business disruption. Generally, settling a case allows the defendant to put the distraction behind it. When the carrier sues former defense counsel, professionals and employees may be required to testify again, and they may have to talk about their communications with counsel, their worries about the suit, as well as internal matters that post-dated the incident giving rise to the suit. Information not disclosed in the original suit may be revealed, because the lawyers’ analysis of the case and witnesses is relevant. The lawyers’ conversations with managerial employees not involved in the underlying incident may be disclosed. Only the insurer benefits from returning employees to the hot seat for testimony. The former client has little ability to protect itself in the new case, but continues to be involved against its will.

The insurer’s suit against defense counsel is public. The errors the insured is accused of making, the quality of the insured’s work, the tensions in management, the speculation about the former defendant’s future … the insured’s reputation is back in the press and in the public eye, even though the claims against the insured were resolved.

Despite these risks and costs to its policy holders, Arch Insurance and other insurers want the right to bring such suits without considering the insured’s position or interests. Because the insurer chooses counsel and has experienced claims representatives reviewing and monitoring counsel’s work, it has tools to protect its self against poor representation without this proposed additional right to bring suit. In contrast, the insured often has limited ability to select or oversee counsel to protect its interests during the suit. If Arch Insurance has its way in the Florida Supreme Court, the insured will also lose control of its privileges, collateral litigation, and ongoing distraction after its claim is resolved, but receive no corresponding benefit. Is this the new and hidden price of professional liability insurance? Or will Florida protect the insured client’s rights over the insurer’s desire to bring more litigation? We should know the answer by early 2020.

Deborah Sampieri Corbishley is a shareholder in the Miami office of Kenny Nachwalter, P.A. where she focuses her practice on legal malpractice defense, multidimensional business litigation and legal ethics counselling. She may be reached at dsc@knpa.com.

August 15, 2019 – Kenny Nachwalter, P.A. is pleased to announce that several of its attorneys have been recognized by their peers for inclusion in The Best Lawyers in America© 2020 list for outstanding attorneys. For The Best Lawyers in America^© 2020 edition, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition.

Additionally, Shareholder Richard H. Critchlow has been selected Best Lawyers^® 2020 “Lawyer of the Year” for Miami, Florida in the area of Legal Malpractice Law–Defendants. “Lawyer of the Year” recognitions are awarded to individual attorneys with the highest overall peer-feedback and only one lawyer in each practice area and metropolitan region is honored by The Best Lawyers in America^© with a “Lawyer of the Year” award.

The following Kenny Nachwalter lawyers are listed in The Best Lawyers in America^© 2020 for their work in the listed practiced areas:

RICHARD ALAN ARNOLD
Antitrust Law
Commercial Litigation

WILLIAM J. BLECHMAN
Antitrust Law

DEBORAH S. CORBISHLEY
Commercial Litigation

RICHARD H. CRITCHLOW
Bet-the-Company Litigation
Commercial Litigation
Legal Malpractice Law-Defendants– Recognized as the 2020 “Lawyer of the Year” for Miami, Florida
Litigation-Securities

JEFFREY T. FOREMAN
Commercial Litigation

ELIZABETH BROOKS HONKONEN
Commercial Litigation
Litigation-Securities

MICHAEL NACHWALTER
Antitrust Law
Arbitration
Bet-the-Company Litigation
Commercial Litigation
Legal Malpractice Law-Defendants
Mediation

DOUGLAS H. PATTON
Antitrust Law

SCOTT E. PERWIN
Appellate Practice
Bet-the-Company Litigation
Litigation-Antitrust

STANLEY H. WAKSHLAG
Commercial Litigation
Entertainment Law – Motion Pictures and Television
Litigation-Securities
Securities/Capital Markets Law

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

August 7, 2019 – Kenny Nachwalter, P.A. is pleased to announce that Shareholder, Stanley H. Wakshlag, has been appointed by the Supreme Court of Florida to membership on the Florida Board of Bar Examiners to succeed retiring Member Peter L. Wechsler of Pinecrest, Florida. His term of office will extend through October 31, 2024.

Mr. Wakshlag received his Bachelor of Arts degree from Brandeis University where he graduated magna cum laude and Phi Beta Kappa. He received his Juris Doctor degree from New York University School of Law. He was admitted to The Florida Bar in 1978, and is a member of the following: U.S. Supreme Court, Fifth and Eleventh Circuit United States Courts of Appeal; S.D. and M.D., Fla and Dade County Bar Association.

The Florida Board of Bar Examiners is an administrative agency of the Supreme Court of Florida charged with the responsibility of enforcing the Rules of the Supreme Court Relating to Admissions to The Bar. This involves the supervision of character background investigations as well as the administration and grading of the Florida Bar Examination.

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

August 2, 2019 – KNPA Shareholder Deborah Corbishley will be a Speaker at the 2019 Association of Professional Responsibility Lawyers Annual Meeting being held in San Francisco, CA August 8-10, 2019.

The topic of Debbie’s presentation is: “Redacted, Revealed & Recalled? Revisiting Confidentiality and Inadvertent Transmittal in the Digital Age.” 

This presentation discusses the impact that technology has on the legal profession which provides new-found efficiencies for the savvy and ethical landmines for the unwary. While there has been much discussion in recent years about encryption and global cybersecurity, this panel will explore some of the more nuanced situations where danger lurks–from the inadvertent but revealing pocket call from opposing counsel to the adversary who may be overhearing confidential information through his streaming hearing aid. Bring Your Own Device (BYOD) policies, home networks, inadvertent live streaming, and many other tech gremlins will all be in the mix in this informative, fun, and (possibly) frightening discussion.

To review the seminar agenda click here.

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

May 30, 2019 – Kenny Nachwalter, P.A. is pleased to announce that 7 of its Shareholders have been named to the 2019 Florida Super Lawyers list. Each year, no more than five percent of the lawyers in Florida are selected by the research team at Super Lawyers to receive this honor. Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

Kenny Nachwalter attorneys named to the 2019 Florida Super Lawyers list:

Richard Alan Arnold – Antitrust Litigation

William J. Blechman – Antitrust Litigation

Richard H. Critchlow – Business Litigation

Michael Nachwalter – Business Litigation

Scott E. Perwin – Antitrust Litigation

Stanley H. Wakshlag – Business Litigation

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

May 29, 2019 – Kenny Nachwalter, P.A. is pleased to announce that Shareholder, Stanley H. Wakshlag, was recently honored by Legal Services of Greater Miami during their Tenth Anniversary HeART of Giving celebration with the 2019 Equal Justice Leadership Award.

As part of their Tenth Anniversary, Legal Services of Greater Miami honored ten attorneys who have previously chaired the Legal Services’ Campaign Committee over the last ten years. In addition to contributing to the planning and staging of HeART of Giving, the Campaign Committee has raised resources and helped Legal Services make connections with other business and civic leaders in the community who are committed to helping the less fortunate find a path out of poverty.

“It has been my honor and privilege to have helped to support Legal Services of Greater Miami,” said Stanley Wakshlag. “It is a very fine and professional organization that does outstanding work in providing a necessary lifeline for those in our community most in need. I encourage others to do the same—you will feel better if you do.”

Wakshlag currently serves on the Board of Directors for the Legal Services of Greater Miami Foundation. His law practice concentrates on class action litigation, securities litigation, director and officer representation, complex business litigation, deceptive trade practices, Securities and Exchange Commission enforcement proceedings, professional malpractice matters, and litigation with the FDIC arising from distressed and failed banking institutions.

Legal Services of Greater Miami provides free civil legal services for the low-income communities of Miami-Dade and Monroe Counties and is recognized as one of the nation’s most outstanding legal services programs.

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

April 25, 2019 – Kenny Nachwalter, P.A. is pleased to announce that the firm   has been ranked in the 2019 edition of Chambers USA.  The Chambers USA guide annually ranks attorneys and law firms across key practice areas and achievements.  The qualities on which rankings are based include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.  In the USA Guide, attorneys and practice areas are ranked by placement in “bands,” with Band 1 being the highest placement. 

Kenny Nachwalter has again been ranked in Band 1 of leading U.S. law firms in Florida in the areas of Antitrust and Litigation:  General Commercial.  Additionally, the following attorneys have been recognized in their practice areas on the basis of their legal knowledge and experience, their ability, their effectiveness, and their client-service:

Antitrust

• Richard Alan Arnold
• William J. Blechman
• Scott E. Perwin

Litigation:  General Commercial

• Richard H. Critchlow
• Stanley H. Wakshlag

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.

March 1, 2019 – Kenny Nachwalter, P.A. is pleased to announce that the firm has been recognized as a “Top Law Firm” in the 2019 edition of the South Florida Legal Guide, and 6 of its attorneys have been selected as “Top Lawyers.”

The South Florida Legal Guide (SFLG) is published annually, and is a widely respected source of top legal firms and lawyers, by practice group, in the South Florida region. Candidates are nominated and voted on by their peers, which SFLG takes into consideration when making selections for inclusion as “Top Lawyers.”

The following Kenny Nachwalter, P.A. attorneys were recognized as “Top Lawyers:”

• Deborah S. Corbishley – Corporate and Business Litigation, Legal Malpractice – Defense
• Richard H. Critchlow – Professional Liability – Defense, Corporate and Business Litigation
• Elizabeth B. Honkonen –  Professional Liability – Defense, Commercial Litigation
• Michael Nachwalter – Antitrust, Corporate and Business
• Scott E. Perwin – Antitrust
• Stanley H. Wakshlag – Corporate and Business Litigation

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About Kenny Nachwalter, P.A.

Kenny Nachwalter, P.A. is a Business Litigation firm handling a wide range of complex business disputes in Florida and nationwide. Since 1978 Kenny Nachwalter, P.A. has enjoyed a national reputation for excellence in complex business and antitrust litigation.  Kenny Nachwalter, P.A. is routinely retained in cases involving complicated economic and factual issues, multiple parties, multiple interrelated matters, and other substantive issues requiring superior legal scholarship and forensic skills. Firm lawyers have demonstrated expertise in a wide range of practice areas in the broad realm of Complex Business Litigation, including Antitrust, Securities, Legal Malpractice & Professional Liability, and Intellectual Property Litigation.