Business Litigation

Most businesses try to avoid litigation, and properly so. It is time-consuming, risky and consumes working capital not usually budgeted in advance. But when a company is sued, or when enforcement of valuable rights requires litigation, even a reluctant litigant will want to retain the very best litigation team available.

At Berger Kahn, we pride ourselves in offering the most skilled and experienced litigation attorneys. Our attorneys have extensive jury trial experience, and track records of victories in a wide variety of disputes. Perhaps most importantly, our attorneys share a strong desire to help the client prevail.

The breadth of our litigators’ experience is one of the firm’s greatest assets. Our business litigation attorneys have expertise in many subject areas:

  • Breach of contract, including purchase and sale, manufacturing, distribution and licensing agreements, and employment contracts.
  • Business torts, including trade secrets, unfair competition, interference with contract, breach of fiduciary duties, civil RICO, trade libel and defamation.
  • Labor and employment disputes, including wrongful termination, sexual harassment, discrimination, and other labor law matters.
  • Officers’ and directors’ liability and legal and accounting malpractice matters.
  • Partnership disputes, including dissolution and winding up.
  • Corporate litigation involving dissolution, hostile takeovers, mergers and acquisitions, and securities fraud.
  • Commercial leasing, including unlawful detainer and breach of lease litigation.
  • Insurance coverage litigation.
  • Prejudgment remedies, including TRO’s, receiverships, injunctions, attachments and claim and delivery.
  • Bankruptcy court litigation.
  • Real property financing and mortgage banking, including issues ranging from fraud to the validity of security interests.

In addition to our wide range of expertise, we provide three important qualities valued by our business clientele:

  • Jury trial expertise. Senior attorneys with scores of jury trials in complex business and real property disputes bring a wealth of experience to the table, enabling the client to formulate a winning strategy. Having tried and won many jury trials, our litigators transform practical know-how into useful and realistic case evaluations.
  • Responsiveness. Our litigators maintain close contact with clients at all stages of litigation, providing updates as frequently as the client requests, and immediately whenever an important development unfolds. We avoid surprises by keeping the client informed of upcoming events and costs likely to be incurred.
  • Cost Sensitivity. We work with our business clients on case plans and budgets so that a trial “victory” does not end up costing more than a loss. Rather than staff each case with three or four attorneys, our senior trial attorneys enjoy handling the majority of the work on their cases. But where necessary or appropriate to control fees, we carefully delegate to associate attorneys and paralegals with lower billable rates those projects that do not require the principal’s full-time attention. Further, if alternative dispute resolution is appropriate – arbitration or mediation – we quickly recommend it and handle the matter economically.
Contact Berger Kahn today to learn more about our Business Litigation practice area.