John Benford (Partner-Orlando, FL) and Peter Larkin (Partner-White Plains, NY) obtained summary judgment in an accounting malpractice case pending in state court in Orlando, Florida, where the plaintiff was seeking $3.2 million in damages (including prejudgment interest). The case involved two accounting firms (including a national firm) and one of their CPAs in an accounting malpractice lawsuit brought by a Florida-based petroleum company. The plaintiff alleged that the CPA had colluded with its former CEO to increase the CEO’s bonus by using a formula that deviated from the formula contained in the CEO’s employment agreement, and which the plaintiff’s board of directors never approved. The plaintiff claimed that the CPA’s use of the alternate formula caused the CEO to be overpaid a total of approximately $1.2 million in unauthorized bonus compensation. The company also claimed approximately $2 million in prejudgment interest relating to the alleged overpayments. Through targeted deposition testimony, John and Peter demonstrated that several members of the plaintiff’s management were aware of the CPA’s use of the alternate bonus formula and, therefore, the plaintiff petroleum company had institutional knowledge that the CPA was using the different formula.