David Grossbaum concentrates his practice in the areas of professional liability defense and insurance coverage. He represents legal, real estate and insurance professionals, accountants and securities brokers/registered representatives in liability cases.

He has also handled personal injury, fidelity, products liability cases, and contract surety matters.

Mr. Grossbaum’s insurance coverage work has involved matters throughout the country, and he acts as national and regional coverage counsel for several clients.

His reported cases include:

• Gathuru v. Credit Control Services Inc., ___ F.Supp.2d ___, 2009 WL 1606522, (D.Mass. 2009)
• Gargano v. Liberty Intern. Underwriters, Inc., 575 F.Supp.2d 300, 2008 WL 4148254 (D.Mass. 2008)
• Roberts v. Crowley, 538 F.Supp.2d 413, 2008 WL 618929 (D.Mass. 2008)
• Arruda v. Sears, Roebuck & Co., 310 F.3d 13 (1st Cir. 2002)
• In re: Perrone, 284 B.R. 315 (Bankr. D. Mass. 2002)
• Ross v. Home Ins. Co., 146 N.H. 468, 773 A.2d 654 (2001)
• Home Ins. Co. v. St. Paul Fire & Marine Ins. Co., 229 F.3d 56 (1st Cir.2000)
• Bianco Professional Ass'n v. Home Ins. Co., 144 N.H. 288, 740 A.2d 1051 (1999)
• Washington Elec. Co-op., Inc. v. Massachusetts Mun. Wholesale Elec. Co., 894 F.Supp. 777 (D.Vt.1995)
• Boston Co. Real Estate Counsel, Inc. v. Home Ins. Co., Inc., 887 F.Supp. 369 (D.Mass.1995)
• Cambridge Trust Co. v. Commercial Union, 32 Mass. App. Ct. 561, 591 N.E. 2d 1117 (1992).

Mr. Grossbaum joined Hinshaw & Culbertson LLP in July 2005 to open the firm's Boston office. He is a member of the firm’s Executive Committee.

Upon graduation from law school in 1985, he clerked with the Superior Court for the Commonwealth of Massachusetts. Thereafter, he became an Assistant District Attorney for Essex County, Massachusetts, where he was assigned to both the trial and appellate divisions, arguing numerous cases in the Supreme Judicial Court and Appeals Court of Massachusetts and trying jury cases. He also held a position as a legal research and writing instructor at Boston University Law School.

Mr. Grossbaum is a member of the Professional Liability Underwriting Society (PLUS) where he is a past chair and present member of the PLUS National Communications Committee.

He is a member of the American Bar Association’s (ABA) Professionals’, Officers’ and Directors’ Liability, Insurance Coverage Litigation and Fidelity and Surety Law Committees of the Tort Trial and Insurance Practice Section (TTIPS) and a member of the ABA’s Litigation Section. Mr. Grossbaum is a past chair, vice chair and newsletter editor of the Professionals', Officers' and Directors' Liability Committee of TTIPS.

Mr. Grossbaum is also active in the Rhode Island Bar Association, where he is a member of the Insurance Committee and the Ethics and Professionalism Committee.

Since 2005, Mr. Grossbaum has been named annually to the Super Lawyers list in the area of Professional Liability: Defense by New England Super Lawyers & Rising Stars magazine. In addition, he holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability. Mr. Grossbaum writes and presents extensively on the topics of professional liability, risk management, and insurance coverage. His publications include:

• “No Coverage Where Claim Was Made Against Former Partner After He Left and He Did Not Immediate Disclose It to His Prior Firm,” American Bar Association’s lpl eAdvisory, December 2009.
• “New York Federal Court Adopts Objective Test in ‘Prior Knowledge’ Case, But Uses Subjective Factors,” American Bar Association’s lpl eAdvisory, May 2009.
• “Federal Court Orders Professional Liability Insurer to Defend Lawyer in Sanctions Motion,” American Bar Association’s lpl eAdvisory, February 2009.
• “Other People’s Money: A Lawyer’s Obligation to Safeguard Property Belonging to Others,” The Quarter Hour®, Volume IV, 2008.
• “Important Decisions You Need to Make When Purchasing a Legal Malpractice Policy,” The Quarter Hour®, Volume III, 2008.
• “Eighth Circuit Court of Appeals Holds that Approval of Class Action Settlements Bars Subsequent Malpractice Claim Against Plaintiff’s Class Counsel,” American Bar Association’s lpl eAdvisory, May 2007.
• “New Jersey Ethics Panel Strikes Down Provisions of Restrictive Covenant for Departing In-House Counsel,” American Bar Association’s lpl eAdvisory, September 2006.
• “Can You Keep a Secret? The Ethical and Practical Issues of Confidential Settlement Agreements,” The Quarter Hour®, Volume II, 2006.
• “Claim that Law Firm Employee’s Negligence Assisted Partner in Committing Fraud is Excluded by the Firm’s Insurance Policy and No Innocent Insured Protection Applies,” American Bar Association’s lpl eAdvisory, July 2006.
• “Anti-SLAPP Statutes: A Defense for Lawyers in Liability Cases,” Professional Liability Underwriting Society (PLUS) Journal, February 2006.
• “When is a 'Demand for Services' Enough to Trigger Coverage under a Claims-Made Policy,” PLUS Journal, April 2005.
• "Must an Insurer Disclose Reserve Information to Insurers and Other Carriers?" co-author, PLUS Journal, April 2004.
• "Mandatory Arbitration of Malpractice Claims: What Should be the Insurer's Position" co-author, PLUS Journal, February 2004.
• "Starting an Attorney-Client Relationship: Know When the Relationship has Begun and the Scope of Your Representation," Massachusetts Academy of Trial Attorneys Journal, Fall 2003/Winter 2004.
• "The Duty to Defend Uncovered Claims – What an Insurer Can Do to Recover the Defense Costs," PLUS Journal, November 2003.
• "Defending Under a Reservation of Rights: How Much Does the Insurer Have to Pay When the Insured Selects its Own Counsel," PLUS Journal, June 2003.
• "Reporting Requirements for Legal Malpractice Policies," co-author, Massachusetts Lawyers Weekly, December 23, 2002.
• "Coverage for Related Claims Reported After the End of a Claims Made Policy," PLUS Journal, November 2002.
• "Border Crossings by Lawyers: You May be in Hostile Territory," Executive Risk Lawyer to Lawyer, July 2002 (ed. XVIII).
• "Suing The Mouthpiece: Speaking for Your Clients Comes with Risk," lpl Advisory, ABA Standing Committee on Lawyers Professional Liability, Spring 2002.
• "Notice and Tender of Defense Under Claims Made Policies - Who Can Give Notice and Does Notice Alone Serve as a Tender of the Defense," PLUS Journal, February 2002.
• "Suing Opposing Counsel for Bad Behavior During Litigation," PLUS Journal, November 2001.
• "Legal Malpractice By Insurance Defense Counsel: Who Can Be Sued, Who Can Sue, and for What," PLUS Journal, November 2000.
• "How Much Protection is Afforded to Innocent Insureds under LPL Policies?" co-author, PLUS Journal, May 2000.

Mr. Grossbaum’s presentations include:

• “Insurance Coverage Update: The Year in Review – Prior Knowledge Redux and the Definition of Professional Services,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2010.
• “Handling Other People’s Funds: The Current Rules, Best Practices and the Consequences for Not Following Them,” Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2009.
• “Insurance Law – Prior Knowledge and Additional Negligence Claims,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2009.
• “Avoiding Pitfalls in Real Estate Transactions,” Rhode Island Bar Association Food for Thought seminar, Providence and Middletown, Rhode Island, February 2009.
• “Managing Your Law Firm Part Two – Law Practice Management Series,” Rhode Island Bar Association, Providence, Rhode Island, December 2008.
• “Fraud Prevention and the Rules of Professional Conduct in Real Estate Transactions,” Stewart Title Insurance and Bank of America, Warwick, Rhode Island, October 2008.
• “Placing Blame: the Effect of Adverse Economic Conditions on Liability Claims – Subprime and Beyond – Who Will Get Sued and for What?” Hinshaw’s 2008 Insurance Services Symposium “The Industry Responds to the Economic Storm,” Chicago, Illinois, October 2008.
• “Legal Malpractice Claims and the Risk Management Lessons We Can Learn from Them,” Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2008.
• “The Art of Risk Management for Lawyers Representing Lawyers,” Spring 2008 National Legal Malpractice Conference, Boston, Massachusetts, April 2008.
• “Aiding and Abetting a Breach of Fiduciary Duty,” Boston Bar Association, Boston, Massachusetts, February 2008.
• “Understanding Your Legal Malpractice Insurance Policy,” WestLegalEdcenter live webcast, January 2008.
• “Document and Calendar Management,” “Billing Systems and Controls,” Fee Actions,” Associate Training” and “Practice Group Management,” Professionals’, Officers’ & Directors’ Liability Committee of the American Bar Association and the City Bar Association of New York seminar, “Legal Malpractice & Risk Management,” New York, New York, December 2007.
• “Basic Principles: All Insurance Coverage Disputes,” “Interpreting Coverage Under the Insurance Contract,” “Pre-Litigation Options” and “The Duty to Defend and Duty to Indemnify,” National Business Institute seminar, “Insurance Coverage Litigation,” Warwick, Rhode Island, December 2007.
• “Privilege, Estoppel, Judgmental Immunity and Other Special Defenses,” Hinshaw’s annual Legal Malpractice & Risk Management conference, Chicago, Illinois, March 2007.
• “How to Present Your Case at Trial,” National Business Institute seminar, “Building Your Civil Trial Skills,” Providence, Rhode Island, February 2007.
• “Understanding Your Legal Malpractice Policy,” Rhode Island Bar Association, Providence, Rhode Island, February 2007.
• “Discussion of Hypotheticals,” Hinshaw’s Boston Roundtable, Boston, Massachusetts, September 2006.
• “How to Get the Help of Technology and Avoid the Hurt of Malpractice,” American Bar Association Fall 2006 National Legal Malpractice Conference, Chicago, Illinois, September 2006.
• “Emerging Issues and Current Laws,” “Consider the Ethical Consequences: It’s Legal, But is it Right?,” and “Successful Courtroom Strategies,” National Business Institute seminar, “Bad Faith Insurance Claims in Rhode Island,” Providence, Rhode Island, June 2006.
• “Understanding your Legal Malpractice Policy,” Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2006.
• “Defending Depositions,” and “Deposing the Lay Witness,” Lorman Education Services seminar, “Taking and Defending Effective Depositions,” Providence, Rhode Island, March 2006.
• “Aiding and Abetting a Breach of Fiduciary Duty – New Worry for Lawyers?” Hinshaw’s 2006 Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2006.
• “Risk Management for Lawyers and Law Firms 101: Solo and Small Firm,” WestLegalEdcenter live webcast, December 2005.
• “Retaining and Producing Client Files,” Pawtucket Bar Association, Pawtucket, Rhode Island, November 2005.
• “Understanding Your Legal Malpractice Policy,” Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2005.
• ”Retaining and Producing Client Files,” Rhode Island Bar Association Ethics Seminars, Middletown and Providence, Rhode Island, May 2005.
• “Anatomy of a Lawyer’s Professional Liability Policy and Coverage Issues,” ABA Standing Committee on Lawyers Professional Liability, Miami, April 2004.
• "Essential Errors & Omissions Coverage Issues," Coverage Panel Chair and Speaker, PLUS Errors & Omissions Non-Medical Symposium, Philadelphia, May 2003.
• "Lawyers Errors & Omissions Coverage Seminar," American Bar Association/Tort Trial and Insurance Practice Section," Chicago, November 2002.
• "The New Legal Malpractice Marketplace: Expanding Claims and a Hardening Market – What it all Means,” PLUS New England Chapter, Boston, December 2001.
• "Current Ethical Issues for Insurance Practitioners," City Bar Association of New York, Professionals', Officers' & Directors' Liability Committee of the American Bar Association, Insurance Federation of New York, November 2001.
• "Law Firm Risk Management: an Investment in the Future," PLUS National Lawyers' Professional Liability Program, New York, May 2001.
• "Liability Issues for Lawyers in the Age of the Internet," PLUS National Lawyers' Professional Liability Program, New York, April 2000.