Litigation
Practices > Litigation
At the beginning of every case, we identify the most appropriate exit strategy and drive the case toward that end. Being mindful of the cost-benefit issues that may exist, we evaluate the likelihood of success on the merits and the potential for recovery so that our clients can make informed decisions.
We utilize a triage approach to evaluate an exit strategy early on. A case usually falls into one of three general categories:
- Dispositive Motion. The file can be disposed of on a motion to dismiss, judgment on the pleadings, or motion for summary judgment after essential discovery.
- Settlement. The file may present the risk of an adverse verdict and has settlement value. In this scenario, the file is managed to bring the plaintiff’s view of settlement value in line with the defendant’s view.
- Marked for Trial. Some cases are marked for trial because they (a) involve novel legal claims or are test cases, (b) have significant damages but no liability, (c) could expose the client to other lawsuits and additional liability if not litigated and won, (d) are fraudulent claims, or (e) have facts favorable to the client where there is a strong likelihood of success.
During the life of the case, we make sure we understand the clients’ business concerns and provide dynamic representation to best serve their immediate and long-term goals.
Our perspective is always to fight to win. We aim to do so smartly, with finesse and integrity.
Energy
Our lawyers have litigated energy-related claims for many years, representing natural gas companies, oil rigs, electric utilities, construction entities, and their insurers in catastrophic bodily injury and property damage cases. We have been involved in and have defended claims arising out of chemical plant explosions, pipeline ruptures, containment of hazardous materials, train derailments, and excavation collapses throughout the United States.
We work with clients to protect their legal and financial interests during and after the initial crisis. Our investigation team coordinates with state and federal agencies to evaluate the disaster site and assess potential liability. Our trial lawyers are specialized in handling and defending the multi-party litigation that usually follows.
Construction & Real Estate
Our lawyers represent general contractors, construction managers, private and municipal owners, architects and engineers, subcontractors, vendors, and other construction industry professionals in casualty claims, commercial litigation, contract disputes, and administrative hearings.
We litigate a broad range of construction issues, involving contract formation and negotiation, RFPs and other types of bids, surety and municipal bonds, tax-increment financing, wrap-up insurance programs, safety and tort liability, compliance with federal and state regulations, and mechanic’s liens.
We represent commercial real estate owners, REITs, and property management companies in litigation involving sale purchase agreements, lease disputes, general contract enforcement, municipality and administrative hearings, premises liability, property loss and subrogration claims, ADA accessibility issues, and inverse condemnation. We also advise our clients in risk management, preventative OSHA safety compliance, and anti-discriminatory labor practices.
We also represent construction and real estate entities as employers or responsible parties in workers’ compensation arbitration and commission hearings.
Hospitality & Service
We represent hotels, restaurants and bars, shopping centers, office buildings, financial institutions, security and protection service providers, retailers, franchisors, franchisees, amusement parks, theaters, entertainment companies, closely-held commercial real estate ventures, and REITS in negligence, professional liability, first and third-party property damage, discrimination, and hygiene and contamination class action, mass tort, or stand-alone lawsuits.
We also advise clients on compliance with Americans With Disabilities Act, mechanics liens, and local ordinance, zoning, and governmental regulatory matters.
Maritime
Our lawyers represent ship owners, charter owners, and stevedores in vessel damage, collision, lost or damaged cargo, protection and indemnity, Longshoremen’s Act, lien seizure, and arrest claims.
As correspondents for various international and domestic maritime interests, we are available 24 hours a day, 7 days a week to resolve matters that arise in maritime commerce.
Product Liability
We defend the reputation and product lines of industrial, agricultural, health industry, and consumer-based manufacturers, wholesalers, distributors, and retailers across the United States.
Professional & Financial Services
We have successfully defended our clients in lender liability claims and other allegations of lender misconduct. We have prosecuted actions to recover unpaid obligations from principals and guarantors, foreclosure actions, and suits against borrowers for fraud.
Our litigation practice covers the spectrum of complex litigation involving direct collateral and asset recovery, assignments for the benefit of creditors, bankruptcy, and breach of contract.
Transportation
Our lawyers represent commercial trucking, common and private motor and passenger carriers, logistics companies, freight forwarders, suppliers, and transportation brokers in emergency response and crisis management issues and inter- and intra-state personal injury, property damage, cargo loss, and breach of independent contractor claims. We also represent warehouse and cold storage facilities in product loss, bailment, theft, premises, and subrogation claims. We counsel clients in identifying and solving risk management, risk transfer, safety, security, and indemnification issues.
Strategic advice drives the resolution goals of each case. Drawing together the interest of the client and the constellation of relationships between the insured, brokers, and insurers in an international market requires both a legal and business perspective.
Our informed strategic advice is the differentiator that sets the firm apart from others. Learn more about our Core Values.
