The firm’s commercial litigation practice covers a broad spectrum of business disputes, including disagreements over the meaning of a contract, insurance coverage disputes with insurers, disputes between co-owners of business enterprises, claims by or against vendors, product suppliers, and lenders, landlord/tenant issues, and the full range of disputes in the oil and gas arena. Our attorneys have decades of experience litigating all aspects of these and other issues that arise in the commercial litigation context, in mediation, arbitration, and trial in state and federal courts. In addition, our firm’s expertise in the areas of business organizations, corporate and securities law, energy, oil and gas, tax, and real estate gives our trial lawyers the ability to tackle complex legal issues and achieve results that often cannot be achieved by litigation-only law firms.
Toxic tort litigation involves allegations of releases and spills of pollutants and other dangerous substances, and includes claims involving accidents in industrial environments, oil and gas drilling and production, and elsewhere. Our trial team has decades of experience in handling toxic tort litigation, and includes lawyers recognized as being among the best in America in this complex area of the law.
The most significant expenditure of capital a company makes will be in constructing new capital improvements. The company doing the construction also undertakes significant risk. It hires workers, purchases materials and works according to the owner’s instructions. However, disagreements often occur, with substantial amounts at stake for both sides. We have experience asserting and defending mechanics’ lien claims. We also have experience arbitrating and litigating disputes involving the construction contract and the construction work, including warranties involving the work.
Personal Injury Defense
We have the privilege of serving as preferred defense counsel for many of our clients and this status often requires us to defend personal injury cases brought against our clients or against those they have promised to defend and indemnify. Through effective use of early case resolution techniques we are often able to head off expensive and protracted litigation. The same techniques help us to determine the legitimate value of the case and to fight frivolous cases where no claim should ever have been brought. The law provides many defenses to those companies who act properly, and they need not be held hostage by a unfounded claim.
Trade Secret and Non-Compete Litigation
In today’s information economy, a company’s employees and its customers are its lifeblood. Training key employees and providing them confidential information is key to expanding a business. However, fair agreements are essential to prevent an employee from becoming a competitor. If these agreements are breached, the law provides for swift and effective resolution that could involve a major evidentiary hearing on a temporary injunction within two weeks of filing the case. The effectiveness of your non-compete, non-solicitation, and non-disclosure agreements are only as good as the strategy for enforcement.
Premises liability law does not just address whether a homeowner or retailer is liable if someone slips and falls on a sidewalk or in a store. The law of premises liability deals with:
• The consequences of criminal misconduct at or near someone’s property or business
• The potential for liability to customers, passers-by, and even trespassers
• Exposure for environmental claims by individuals and regulators for materials found on the property
• Exposure to a property owner or tenant for injuries to employees of contractors or subcontractors on the property
Our trial lawyers devote a substantial portion of their practice to representing clients involved in both personal injury and property damage lawsuits governed by the premises liability laws, and have handled literally thousands of claims in this area of the law.
Customer Indemnity Claims
Many of the firm’s clients have elaborate indemnity agreements with their customers. Often, these agreements require the client to defend its customers if the customer is sued arising out of an event that occurs while the client is providing services to the customer. These suits can include wrongful death claims and serious property and personal injury claims. Even when insurance covers the claim, deductibles can be high, or the client may be concerned that its premiums will increase if it loses the lawsuit. Our firm’s trial lawyers have a wealth of experience with these types of claims, bringing an aggressive yet practical approach to them and working to dispose of the frivolous claims that sometimes arise in these situations.
When a client is trying to collect a debt, the matter needs to be handled efficiently, because often the issue is not whether the amount is owed, but whether the debtor is able to pay. Our trial lawyers work with the client to determine, quickly and with the least possible expense, whether and how to try to collect the debt. Our lawyers are experienced in seeking the full range of legal remedies used in these matters, including garnishment, foreclosure, attachment, sequestration, replevin, and charging orders.