Paul Carbon specializes in the defense of professional liability claims, with emphasis on accountants, lawyers, architects, engineers and other design professionals, real estate agents and brokers, and insurance agents and brokers liability claims. He also handles complex commercial litigation, business litigation, class action and mass tort litigation, estate and trust litigation, and mergers and acquisitions.
Paul has extensive experience in successfully defending professionals in errors and omissions claims and lawsuits. He has been quoted in, and his cases featured in, the New Jersey Law Journal, Law 360, and Reuters, among others.
In the area of lawyers’ professional liability claims, Paul has successfully defended attorneys in a wide range of legal malpractice claims stemming from blown statutes of limitations to negligence in handling various types of underlying matters, including personal injury, matrimonial, estates and trusts administration and planning, residential and commercial real estate closings, workers’ compensation, products liability and commercial litigation cases. He has also successfully defended lawyers against aiding and abetting, conspiracy, fraud and state and federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims, and has consulted on the Gramm-Leach-Bliley Act, federal patent infringement law and assets forfeiture laws.
Paul also defends accountants in a wide range of professional liability lawsuits involving all levels of attestation services, tax, consulting and expert services, and SEC related services. Paul frequently represents accountants in investigations by federal, state and local agencies, including the Securities and Exchange Commission, the Federal Bureau of Investigation, the Internal Revenue Service, the U.S. Commodity Futures Trading Commission and the New Jersey State Board of Accountancy. He is frequently called upon to provide pre-litigation risk management services to accountants, including claims handling assistance and public and private subpoena response and risk management services. Paul serves as general counsel to several accounting firms, providing advice on quality control training and manuals, employment liability, and general risk management.
Paul has successfully defended architects, engineers and other design professionals, real estate agents and brokers, and insurance brokers and agent in wide variety of errors and omissions claims and lawsuits, often obtaining very favorable results.
In addition to defending professionals in errors and omissions claims, Paul represents shareholders, partners, business owners and companies, as both plaintiffs and defendants, in a wide range of complex commercial litigation, arbitration, mediation and contract drafting and negotiation matters, including shareholder and partnership negotiation and disputes, restrictive covenant negotiation and disputes, and ERISA claims and litigation. He frequently handles complex business litigation involving aiding and abetting, conspiracy, fraud and federal and state RICO claims. In addition, he counsels individuals and companies on mergers and acquisitions, employment practices liability and transactional matters and other general business law matters.
Honors
•AV Preeminent Martindale-Hubbell Peer Review Rated
•Selected for Inclusion in New Jersey Super Lawyers Rising Stars
•Selected for Inclusion in New Jersey Super Lawyers
•Selected for inclusion in ALM's New York Area's Top Rated Lawyers
•Selected for inclusion in ALM's Philadelphia’s Area's Top Rated Lawyers
•Selected for inclusion in ALM's New Jersey’s Top Rated Lawyers
•Selected for inclusion in ALM's Top Rated Lawyers in Litigation
•Selected for inclusion in ALM's Top Rated Lawyers in Labor and Employment
Articles and Publications
•Legal Ethics of Email
•Requirement to Obtain a P-Tin
Speaking Engagements and Presentations
•“Legal Ethics of Email,” National Business Institute, Holiday Inn South Plainfield-Piscataway, South Plainfield, New Jersey 07080
• New Jersey Law on Statute of Repose and the Economic Loss Doctrine as it Relates to Claims Against Design Professionals, One Beacon Professional Insurance, Farmington, CT
• Best Practices for Avoiding Malpractice Claims, First Bank Professional Education Seminar for CPA's, Hamilton, NJ
• Is Puder Alive After Guido: An Examination of NJ Law on When Settlement of the Underlying Claim Bars the Legal Malpractice Lawsuit, Mutual Marine Insurance Company, New York, NY
•Working on the Accounting Malpractice Case as an Expert for the Plaintiff and Defendant, AICPA National Forensic Accounting Conference, Orlando, FL
•New Jersey Supreme Court Strictly Construes New Jersey’s Accountants Liability Statute
•Violation of AICPA Guidelines Does Not Constitute Negligence Per Se
•The Imputation Doctrine Does Not Bar Innocent Shareholders from Pursuing A Claim Against the Corporate Auditors for Failing to Discover Fraudulent Activities of Corporate Officers
•To Impute or Not to Impute: An Historical Analysis of New Jersey’s Hardline Stance Against the Application of the Doctrine of Imputation as a Defense for Corporate Auditors
•The New Jersey Accountants’ Liability Act Does Not Shield Accountants from Intentional Acts of Fraud or Aiding and Abetting Fraud and Aiding and Abetting Fraud is a Cognizable Civil Cause of Action
News and Verdicts
•Partner Paul Carbon and Associate Kyle Wu Successfully Obtain Dismissal of Complaint Alleging Violations of Due Process, Civil Rights and Numerous Other State Law Claims.