Litigation

First and foremost, we excel when a matter must be decided in a courtroom, with exceptional communication skills and trial expertise. When faced with confrontation and contest; we love to win, and we hate to lose, so hard fighting comes naturally.  We are litigators. The verb to “litigate” has two seemingly inconsistent meanings: to litigate is to vigorously prepare for trial and to try cases. But to litigate is also to seek to avoid subjecting one’s client to the expenses and risks of a trial. Thus, we view each lawsuit or litigation as a problem that must be solved for our client, and we use the facts that are dealt us and developed through discovery, as well as the procedural and substantive rules, to attempt to resolve the problem through motion practice without subjecting our client to the vagaries of a trial.

When appropriate, we also employ alternative methods of dispute resolution, such as arbitration, mediation, mock trials, and, most often, effective negotiation, in an effort to secure the best result at the least risk and cost.

Most of the suits we handle fall within the categories of casualty litigation and commercial litigation. Some kinds of lawsuits, such as toxic tort litigation, are embraced by both categories. Most of the casualty litigation is defense of insurance companies and self-insured enterprises against various forms of personal injury and death claims. These include maritime, premises liability, motor vehicle, and other common casualties. The commercial litigation is even more varied, including both defense and prosecution of claims of breach of contract, civil RICO, ERISA, insurance coverage, intellectual property, construction, securities, professional liability, business torts and antitrust. When appropriate, we also team with members of our tax, estate, health care, energy, and labor and employment practice groups to litigate matters that fall within those specialties.  Of course, a decision at the trial court often times requires additional review.  We prosecute and defend appeals to the state and federal appellate courts.

Whatever the means, we work tirelessly and efficiently to achieve the best and most cost-effective outcomes for our clients, in partnership with their interests.