Litigation

Our Litigation team provides creative and efficient options for winning.

Our record of success reflects the highest levels of skill and strategic thinking, as well as our understanding that disputes must be favorably resolved to allow you to focus your energies on growing your business and enjoying your life. We place a premium on helping clients maintain control of what can be an uncertain and inefficient process.

Our team is made up of attorneys with unique and extensive backgrounds in business litigation.

Areas of Expertise

  • Commercial and residential real estate, including purchase and sale and lease disputes; land use litigation, construction, boundary, access and easement disputes; tenant unlawful detainer/evictions and private covenant enforcement
  • Intellectual property, including trade secret protection, nondisclosure and noncompetition agreement enforcement, trademark infringement, licensing, domain name and web content disputes and software piracy
  • Creditors’ rights, bankruptcy, receiverships and workouts
  • Insurance coverage
  • Internal corporate governance, partnership and LLC disputes
  • Real estate and securities broker liability
  • Natural resources litigation, including timber resources
  • Construction disputes
  • Condemnation/eminent domain
  • Antitrust
  • Product and premises liability and warranty claims
  • Personal injury
  • Will and trust disputes

Business Judgment, Experience & Confidence

Effective, open and ongoing communication with our clients allows us to quickly get to the heart of client objectives, and to adapt as those objectives may change. Experience and confidence allow us to efficiently pursue those goals in the courtroom or through alternative dispute resolution. Perhaps most importantly, strong business judgment and deep perspective guide our continual assessment of each case’s costs and benefits of strategy. We are inspired by our clients and driven by our obligation to advocate for and protect their rights.

Attorneys in the Litigation group have represented clients in the following transactions:

  • Successfully resolved a dispute (involving tens of millions of dollars) between our client (a New York financial institution serving more than 30 million consumer customers and the world’s most prominent corporate, institutional and government clients), two national banking institutions, and a leading national retailer, which involved the purchase of credit card holder accounts and breach of confidentiality and proprietary information agreements.
  • Successfully represented the owner of a local resort property in preserving its undivided ownership of one of its last undeveloped waterfront lots in the resort community against a particularly hostile neighbor claiming that decades of family seasonal and sporadic use of the property constituted adverse possession. After completing a historical and legal analysis, and deposing the claimant, we moved for summary judgment and won. Our client was later able to sell the unburdened lot and realize its full return on investment.
  • Successfully defended a privately-held intranet provider and ISP against a collection action by an investor. Through the aggressive use of pre-emptive litigation, competing counterclaims, and continued negotiation, we convinced the investor to exchange its debt for equity and invest substantial additional funds, and form a strategic partnership to create and market additional applications of the client’s proprietary technology.
  • Successfully prosecuted claims for and defended claims against a vertically integrated developer and syndicator of multi-family housing throughout the Western United States involving investors, limited partners, commercial banks, and large institutional lenders. This complex litigation involves all aspects of operations and public and private financing of large real estate projects.
  • Prosecuted copyright infringement and breach of licensing agreement claims on behalf of artists and a music technology and licensing company against a presidential campaign and its advertisement agency.
  • On behalf of one of the world’s largest engineering firms, we successfully prosecute and defend complex private and government contract claims arising from large construction projects. 

* Due to the sensitive nature of commercial litigation, we do not include client names in the above-referenced list of experiences.