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Litigation Group

Litigation

Arnstein & Lehr has a sophisticated litigation group with a broad range of experience. As the largest practice area in the firm, our litigators take pride in our ability to provide counsel and expertise in litigation matters nationwide. Our litigators practice in federal and state courts at both trial and appellate levels. We also handle arbitration, mediation and other forms of alternative dispute resolution as well as administrative law proceedings.

We work closely with our clients to obtain results which are consistent with our clients’ business goals. Whether the client is a large corporation or an entrepreneurial startup, whether there are only two parties involved in the matter or entities with varying interests, our litigators approach the representation with a strategic, solution-driven intensity that focuses on what will best serve that client in its particular situation. That includes working closely with in-house counsel to ensure that we meet and exceed expectations.

Experienced Lawyers

Our lawyers are nationally recognized in multiple areas of litigation. Many have been practicing for more than 20 years and have handled hundreds of cases. Our members are active in the American Bar Association and other industry organizations and have written and spoken as thought leaders at events across the U.S. We understand client service and how to manage a litigation matter to a client’s advantage. We strive to be the best business partners our clients have ever had.

Litigation Support Solutions

Our litigation support staff is highly experienced in providing assistance to lawyers from case evaluation through trial. We know how to employ state-of-the-art software and hardware solutions to manage information during the discovery phase of a case and create presentations for triers of fact. Our e-discovery team is client-focused and has experience determining the best solution for each particular case. 

Areas of Litigation Practice

Alternative Dispute Resolution

Our lawyers represent clients in arbitration, mediation and other ADR proceedings. Our lawyers have also served as arbitrators in a variety of commercial disputes. 

Antitrust and Trade Regulation

Our defense work in antitrust and trade regulations is focused on assisting our clients identify and steer clear of potential competition or compliance issues.

Appellate

Our appellate work includes the representation of clients before federal and state courts as well as agencies throughout the U.S. We also prepare amicus briefs for clients when needed.

Bankruptcy and Other Insolvency Proceedings, including Creditors’ Rights

Our experience in bankruptcy and workouts is among the most recognized in the markets in which we practice. We work in a variety of industries, counseling both creditors and debtors and helping them find creative solutions to their financial issues.

Class Action

Our team of litigators has defended clients in numerous class actions at the federal and state levels across the country. These lawyers are knowledgeable regarding the intricacies of class actions and are skilled at identifying early opportunities to seek dismissal of such claims. Such early intervention is essential to temper the high stakes created by class action litigation, and ensures that we protect our clients’ reputations in their industries.

Commercial Disputes

Leveraging our experience and litigation skills, our lawyers represent clients in all types of commercial disputes, including breach of contract matters, avoidance and recovery of fraudulent transfers under both the bankruptcy code and state law, Uniform Commercial Code violations and breach of fiduciary duty claims.

Common Carrier Liability

Our team of attorneys who concentrate their practice on the legal issues facing common carriers have in-depth substantive technical knowledge and extensive experience regarding the most complex legal issues facing those companies. 

Construction

Our construction attorneys have experience representing clients in contract negotiation, counseling, litigation and dispute resolution relating to a wide variety of projects, including office, commercial and residential buildings; nuclear and coal fired power plants; manufacturing facilities, laboratories, water distribution systems, waste water treatment facilities, schools, libraries, stadiums, exposition centers, hotels, governmental facilities, roads, bridges, transit stations, refineries and single family residences. 

Consumer Finance

Our consumer finance attorneys have been successful in establishing landmark case law for our clients. We have experience counseling and defending clients on the various consumer finance related laws in state and federal courts throughout the country, both in individual and class action cases. Our consumer finance attorneys also provide preventative counseling to clients in this area, advising them on how to avoid litigation in the future. 

Directors’ and Officers’ Liability

We represent boards and directors and officers (D&O) in liability defense, internal investigations, government investigations and insurance coverage matters. 

Employment

Our labor and employment lawyers have appeared before administrative agencies and state and federal courts regarding union-management relations, unfair labor practice proceedings under the National Labor Relations Act, collective bargaining, contract administration, grievance and arbitration proceedings, employment discrimination and affirmative action matters, wrongful discharge, occupational safety and health, wage and hour law, drug and alcohol testing, AIDS issues, employment-related immigration, and general personnel administration.

Environmental and Toxic Tort

We litigate environmental matters related to liability associated with allegedly contaminated property initiated by government agencies, third parties or our clients seeking to impose liability on others – under federal and state statutes, regulations and the common law. 

Fiduciary Litigation

Fiduciary litigation often involves complex trust, estate, guardianship and similar matters at both the trial and appellate levels.  We have represented individuals, charitable organizations, banks and trust companies in such matters involving a broad range of fiduciary issues.

Health Care and Medical Malpractice

We protect the interests of healthcare clients involved in commercial litigation and civil disputes, internal and criminal investigations, and other types of enforcement actions.

Higher Education

We represent clients on a range of legal issues confronting higher education today, including defense of federal and state discrimination claims, Whistleblower protection claims, student disciplinary actions and faculty disputes (tenure and promotion issues).

Insurance/Risk Pools

Our insurance attorneys have successfully litigated virtually all aspects of insurance coverage in both federal and state courts and at the trial and appellate levels, as well as before arbitration and mediation panels and at the administrative and internal levels. In addition, our attorneys act as general counsels to municipal and educational risk pools providing guidance ranging from coverage analysis to corporate governance.

Municipal Litigation

We have a particular expertise in litigating cases with a governmental emphasis. Our lawyers have been successful in obtaining administrative and legislative decisions through both litigation and negotiations with local, county, and state governments.

Product Liability

Our lawyers have successfully defended clients in state and federal courts and in multiple districts for decades, establishing a reputation for the aggressive defense of U.S. and foreign designers and manufacturers of products. Our product liability representation includes all aspects of litigation, including pre-trial discovery (including e-discovery on both a small and large scale), preparing and arguing dispositive motions, trial work, alternative dispute resolution, and appeals in both state and federal courts. 

Real Estate and Land Use/Zoning

We have a broad depth of experience handling virtually all types of real estate litigation, including proceedings involving condemnation, mechanics’ liens, real estate taxation, landlord-tenant disputes, disputes arising in condominium and common interest community associations, contract rescission, environmental problems, construction disputes, zoning issues, actions to quiet title and partition matters.

Shareholder Disputes

Our lawyers are experienced in resolving shareholder disputes and protecting our clients’ interests including in privately held businesses. We work with clients to prevent or minimize such conflicts. However, when such disputes are unavoidable, we assist clients in resolving issues through mediation, arbitration or litigation.

Securities Litigation

We handle complex criminal, civil, arbitration, regulatory investigations and registration matters for brokerage firms, money managers and registered representatives. We also represent investors in corporate disputes. 

Tax Litigation

We have a deep bench of tax litigators who advise, guide and represent clients before federal and state taxing courts and related authorities. We seek to resolve a client’s tax issues as quickly and efficiently as we can.

Unfair Competition and Restrictive Covenants

We handle the full range of legal issues such as proprietary business information, including trade secret, noncompete, unfair competition, breach of contract, restrictive covenant, and non-solicitation matters for a variety of clients.

White Collar

We represent witnesses and defendants before grand juries, professional licensing boards, and special investigative panels, as well as handle criminal trials and appellate proceedings. We also represent clients in state and federal major felony trials and appeals, federal and state environmental enforcement actions, tax matters, Federal Food and Drug Administration proceedings, and criminal investigations and actions under the Racketeer Influenced and Corrupt Organizations Act (RICO).

 

For More Information, Contact the Litigation Chair

George Apostolides - Chair

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