Cox Smith’s comprehensive business law practice is of special help to professional, scientific and technical service providers in handling legal issues that involve their unique specialty areas. Allegations of malpractice, antitrust concerns over business arrangements, disciplinary actions and hearings, protection and maximization of intellectual property assets – these and many more concerns are among the issues we resolve for accountants, benefits professionals, securities broker-dealers, and healthcare provider organizations.

Client Focus

• Accountants
• Benefits professionals
• Broker-dealers
• Healthcare professionals
• Trade associations

Services to Accountants and Benefits Professionals
We have handled accounting malpractice claims for firms of all sizes. Our work includes defense of claims arising out of audits, preparation of financial statements, tax return preparation and other areas of accounting practice. We also defend accounting and benefits professionals against employee claims involving improper handling of employee stock ownership plans (ESOPs), and employee benefit plans covered by the Employee Retirement and Income Security Act (ERISA). That includes advice concerning the structure and performance of qualified and non-qualified retirement plans.

Services to Broker-Dealers
Our lawyers defend broker-dealers and registered representatives against lawsuits filed under the complex and changing maze of federal and state securities laws and regulations. We likewise represent broker-dealers facing investor lawsuits alleging breach of fiduciary duty, improper investment advice, churning, and other claims (including those made by former employees).

Our litigators also regularly represent broker-dealers in other professional liability matters, such as broker raiding cases involving noncompetition and nonsolicitation contracts and in regulatory and disciplinary matters before state and federal regulators.

Services to Healthcare Professionals
Healthcare professionals face major antitrust challenges in properly structuring and operating provider organizations and contracting arrangements. Cox Smith helps clients structure and maintain business arrangements and transactions to comply with antitrust requirements and fraud and abuse enforcement and regulation. That includes counseling provider organizations and insurers regarding government investigations of alleged price-fixing and anticompetitive practices.

Services to Professional Associations
As an advisor to major professional and trade associations in business sectors ranging from healthcare to construction, we advise associations and their members on the antitrust principles that apply to the association and its activities, including meetings and other communications involving competitors.

Technology and Intellectual Property Services
The development, use and protection of technology have become fundamental to the success of professional service providers, and Cox Smith provides our clients with a full range intellectual property services tailored to their science and technology needs. Often our work involves sophisticated patent prosecution for software companies that have developed products to (for example) help plan sponsors and participants make better retirement plan investments, or enable surgeons to more efficiently capture, analyze and make beneficial use of surgical data. We have also prosecuted patent applications for such professional service providers as dentists who have developed technology innovations for their own practices.

Other IP and technology-related assistance that we offer to service providers and their professional associations includes:

• Clearance and protection of trademarks and service marks.
• Evaluation of competing intellectual property applications and registrations.
• Guidance on avoiding patent and trademark infringement.
• Advice on the impact of changes in patent law on new process and product development.
• Assistance with all aspects of Internet and database technology, from structuring user agreements to ensuring that the personal information of clients and patients remains secure and confidential.
• Counsel on protection and enforcement of trade secrets.