Either because they lack an understanding of the principles of corporate organization, or in a concerted effort to capitalize on existing coverage and to put pressure on insurance companies and their corporate insureds to resolve cases with high settlement potential, plaintiffs’ attorneys are increasingly naming not only the allegedly negligent professionals, but also the companies with which such professionals are affiliated, as defendants in malpractice and significant injury actions. The Becker LLC Corporate Structure and Upstream Entities Defense Group is uniquely positioned to handle such matters. 
 
First, Group members zealously defend higher echelon companies within a larger corporate organization in significant exposure professional liability matters across the country. Second, in conjunction with the Firm’s Staffing Group, recognized as one of the most prominent and experienced in the industry, the Corporate Structure and Upstream Entities Defense Group counsels clients in the structuring of corporate organizations involving various subsidiaries and affiliated professional corporations, and also reviews third-party agreements, inter-company contracts, and employment/independent contractor agreements – all with an eye toward best positioning the client to withstand attack in litigation.  
 
Although most of the Group’s work is focused on clients which staff hospital emergency rooms, our practice expands beyond the traditional health care setting to include urgent care centers and the franchisors in that industry, to clients in the transportation sector, as well as to traditional staffing companies. With years of courtroom and counseling experience, Group attorneys have the time tested know-how to both expeditiously extricate corporate clients from litigation at an early stage when possible so as to minimize legal spending, as well as to successfully try cases to verdict on issues of vicarious liability, and piercing the corporate veil, all the time staying within budget and with a focus on our client’s bottom line. 
 
Some of our representative successes include:
 

  • Assisting in the review of and revisions to the renewal of a client’s contract to provide physicians and mid-level providers to one of the largest hospital systems in New Jersey  

  • Providing corporate structure litigation support to a transportation company in a lawsuit involving one of its vehicles and a motorcycle in which the plaintiff sustained devastating injuries 

  • Trying to a defense verdict a case in Pennsylvania for a healthcare staffing company in a medical malpractice action involving issues of vicarious liability 

  • Creating and implementing a training program to prepare executives to testify at depositions involving issues of corporate structure before they are called to do so 

  • Acting as a “behind the scenes” expert to assist defense attorneys in navigating corporate matters and to successfully defend the named entities 

 
Our relationship with our clients is seamless from start to finish. Our clients turn to us time and time again because we not only know the applicable law, and speak on issues relevant to this area of practice, but we also take the time to become immersed in our clients’ industries. Our clients’ goals and their business concerns and industry perspectives are ours as well. In short, our representation and counseling are focused not just on the current matter but also, and equally importantly, on the cases that will likely arise in the several years ahead and the legal and business climate that will exist at time. 

 

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Corporate Structure and Upstream Entities Defense Group