Dianne S. Wainwright

Dianne S. Wainwright

Partner
Office:Pittsburgh, PA
Phone:(412) 281-4256
Cell:(412) 398-7227
Email:dwainwright@margolisedelstein.com
vCard:Download

Dianne S. Wainwright is a commercial litigator handing complex civil litigation and a wide range of professional liability matters. Her professional liability experience includes representing attorneys, accountants, engineers, professional land surveyors, real estate closing companies, insurance agents, insurers and stock brokers in numerous disputes. Additionally, Dianne handles a variety of commercial litigation matters for corporations, sole proprietors and businesses. These matters have included numerous contractual disputes involving complex commercial leases, construction/bond/surety litigation, share holder/partner disputes, and insurance coverage issues as well.

Though representing a variety of professionals, Dianne has particular expertise in defending accounting malpractice claims. She has represented accountants in actions involving allegations of fraud, misrepresentation and failing to follow applicable professional standards relating to attestation, tax, and consultation engagements. Her cases have included involvement with IRS investigations, tax matters, Grand Jury investigations, business valuations, governmental compliance audits, annual financial statement audits and attestation engagements. Additionally, Dianne has represented numerous professionals in various administrative matters before the State Licensing Boards and also before the PICPA’s Joint Ethics Enforcement Program Committee. In addition to handling civil matters in both the federal and state courts, she has litigated and mediated numerous claims filed before the American Arbitration Association.

Dianne is a frequent speaker and presenter for Penn State’s Continuing Professional Education Series at both the Allegheny County and Beaver County campuses. She is also an annual presenter to the Pennsylvania Institute of Certified Public Accountants and she is frequently asked to present continuing education seminars for accounting firms and other organizations such as the Certified Fraud Examiners.

She remains active in Veterans organizations including the American Legion and the American Legion Auxiliary. Dianne volunteers with numerous non-profits and serves as a Board Member for Youth Places, a non-profit corporation serving the needs of urban youth in Pittsburgh; she serves on the Staff Pastor Relations Committee for Christ United Methodist Church, and she is a member of the Mt. Lebanon Community Relations Board as well.

Military Service:

  • Distinguished Military Graduate Award, Washington & Jefferson College
  • Commissioned as a Second Lieutenant (U.S. Army Reserve)
  • Bronze Star, Desert Storm Campaign
  • Commander, 630th Army Transportation Company

Education:

  • University of Pittsburgh School of Law (J.D.)
  • Washington & Jefferson College (B.A.)

Honors:

  • AV Martindale-Hubbell Peer Review Rated
  • Distinguished Military Graduate Award, Washington & Jefferson College

Dianne S. Wainwright

Bar Admissions:

  • Pennsylvania

Court Admissions:

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Eastern District of Pennsylvania

Professional Affiliations:

  • Allegheny County Bar Association
  • Western Pennsylvania Women’s Bar Association
  • Rules Committee, Allegheny County Bar Association
  • American Legion
  • American Legion Auxiliary
  • Youth Places (Board of Directors)
  • Mt. Lebanon Baseball Association (Secretary)
  • Mt. Lebanon Community Relations Board

Speaking Engagements and Presentations:

  • Penn State, Greater Allegheny Campus, Certified Public Accountant CPE series: Avoiding malpractice and reducing risk (Greentree, Pennsylvania).
  • Penn State, Greater Allegheny Campus, Certified Public Accountant CPE series: Avoiding malpractice and reducing risk (Bethel Park, Pennsylvania).
  • Penn State, Greater Allegheny Campus, Certified Public Accountant CPE series: Avoiding malpractice and reducing risk (Monroeville, Pennsylvania).
  • Penn State, Beaver Campus, Certified Public Accountant CPE series: Responding to Third-Party Inquiries and discussions concerning risk reduction (Monaca, Pennsylvania).
  • Presentation to the West Virginia Public Accountants Association annual meeting and conference, Wheeling, West Virginia, Avoiding Accounting Malpractice.
  • CAPE: Continuing education for professionals (attorneys, brokers, insurance sales agents). Case law update and discussions regarding risk reduction in firm management (Monaca, Pennsylvania.)
  • CNA Special seminar series for Certified Public Accountants; Malpractice Risks: Navigating the New Frontier, professional liability insurance program (Pittsburgh, Pennsylvania).
  • Mutual Marine Offices seminar series: Accounting Malpractice and Case Law update (New York, New York).
  • Penn State, Beaver Campus, Monaca, Pennsylvania Fall 2010 CPA Continuing Education Series: Ethics and professionalism, risk reduction in your practice and case law update.
  • CNA Webinar for CPAs, Audit and Quality Control Update. (CPAs from across the United States participating.)

News and Verdicts:

Representative Matters:

  • Sandra McCaffrey v. Carbis Walker & Associates, LLP - Plaintiff was the wife and a silent partner involved with husband’s mortgage banking company which hired defendant accounting firm to perform annual financial statement audits and prepare tax returns. Allegations included claims of professional negligence/accounting malpractice and breach of contact relating to the annual financial statement audits and preparation of tax returns. All claims dismissed on Motion for Summary Judgment enforcing the time limits clause in the audit engagement letter. Plaintiff appealed to Superior Court. Superior Court affirmed the trial court’s ruling in favor of accounting firm, dismissing all claims.
  • Mr. & Mrs. Ross Fazio v. The Guardian Insurance Company et.al. - Plaintiffs asserted that they had been misled by sales agent regarding the sale of nine separate life insurance policies; plaintiffs alleged that agent had misrepresented the policies as investments. Claims included improper/deceptive sales practices associated with the sale of whole life insurance. Summary judgment entered on claims of fraud, negligence, bad faith and breach of fiduciary duty. However, the Unfair Trade Practices and Consumer Protection Law claims were tried to verdict over 9 days before Judge Hertzberg of Allegheny County Court of Common Pleas. Verdict in favor of Defendants.
  • Alpern Rosenthal v. Katz - Represented plaintiff accounting firm in fee collection breach of contract claim. Defendant asserted counter claim for professional negligence/accounting malpractice associated with the preparation of tax returns. Alleged that the accountants had ignored/neglected certain deductions relating to the conducting real estate development business. Facts revealed that accountants had appropriately prepared tax returns consistent with applicable standards. Award for accounting firm; finding in favor of Alpern Rosenthal to recover all unpaid professional fees for services rendered and also for recovery of attorney and expert fees incurred in the action as well.
  • Dumond v. The Closing Specialist, Inc. - Plaintiff alleged claims of negligence arising out of the sale of real estate asserting the improper conveyance of subsurface rights. Plaintiff alleged that The Closing Specialist had failed to properly evaluate plaintiff’s real property and the oil and gas rights existing thereon. Preliminary objections with an accompanying Rule 1023 letter were served upon plaintiff’s counsel. Thereafter, prior to any oral argument and or ruling on the preliminary objections, plaintiff’s counsel discontinued all claims against Defendant, The Closing Specialist.
  • Bailey, McIntyre v. A-Z Tech Home Specialist Inc. - Plaintiffs asserted negligence claims arising out of the home inspection completed by defendant in connection with the purchase of plaintiffs’ home. Following the filing of preliminary objections, plaintiffs entered into a consent Order with defendant agreeing to dismiss the claims in the Westmoreland County Court of Common Pleas pursuing to the binding arbitration clause set forth in the parties’ contract. Thereafter, plaintiffs declined file any claim in arbitration or in other jurisdictions.
  • Alpern Rosenthal v Weiskopf - Represented the plaintiff, Alpern Rosenthal in a fee collection case; defendant filed a counterclaim alleging professional negligence/accounting. Settled in favor of accounting firm to recover professional fees.
  • Mr. & Mrs. Konarski v. Hillendale Homes/Loretta Shermock - Represented Defendant, seller of pre-manufactured homes in breach of contract and negligence action. Following five days of jury trial, Judge granted Motion for directed verdict for defendants on all Claims.
  • Eubanks v. Host Marriott Services Corp. - Represented defendants in slip and fall case occurring at a service plaza on the Pa. Turnpike. Shoulder, knee injury. Offered $10,000 before trial to settle. Jury awarded $4,011.45.

Dianne S. Wainwright