Business Litigation

Smart businesses avoid litigation, and properly so. It is time consuming, risky and employs working capital not usually budgeted in advance. But when a company is sued, or when enforcement of valuable rights requires litigation, a smart company will retain the very best litigation team available.

We at Berger Kahn pride ourselves in offering just that: the most skilled and experienced litigation attorneys anywhere — attorneys with extensive jury trial experience, track records of victories in a wide variety of business disputes, strength and savvy, and most importantly, 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 the following 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.

• Real property, including disputes over title, easements and boundaries, land use matters, mechanics lien enforcement, construction contract disputes, construction defect litigation, and real estate broker matters.

• 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 so 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.