“[L]awyers must be storytellers. That is what the art of advocacy comes down to — the telling of the true story of one’s case.”
We’re fierce and tenacious trial lawyers with decades of experience handling high-stakes disputes in federal and state courts around the country, returning winning verdicts for our clients in some of the most inhospitable jurisdictions in the nation for corporate defendants.
We also have a track record of using aggressive, inventive advocacy to quickly end litigation without need for trial, reducing transaction costs.
Our courtroom advocacy has covered a wide range of civil matters, including:
- Product liability claims;
- Business tort claims;
- Contractual disputes;
- Consumer fraud claims;
- Class actions;
- RICO actions;
- Subpoena defense;
- § 1782 discovery proceedings
From time to time, we have been retained as co-counsel to handle the development and examination of expert witnesses as well as other aspects of a trial. Our experience also encompasses coordinating various aspects of multi-jurisdictional litigation on a regional, national, and international basis.
Litigation Assessment & Dispute Resolution Consulting
“Measure twice, cut once.”
“See you in court” are words often heard when a dispute arises. But litigation is never the only and not always the best option for solving legal trouble. After the race to the courthouse, litigation’s notoriously high transaction costs — measured in risks, uncertainties, business disruption, and dollars — eventually lead both plaintiffs and defendants looking for an exit strategy, a way to save face.
Whether you’re involved in a pending lawsuit or concerned about threatened litigation, we can assess your legal position, provide feedback or second opinions on litigation strategy, and advise you regarding less costly alternatives to adversarial proceedings, including negotiation and mediation.
“I was never ruined but twice: once when I lost a lawsuit, and once when I won one.”
Preventive lawyering was once a lawyer’s stock-in-trade, helping clients tackle issues transcending the demands of the moment, guiding them as much before as after the fact. We believe that equipping you to avoid future legal trouble is one of the most valuable services we can provide.
We can lead you to safer courses of action and steer you clear of legal trouble by coupling our experience in the litigation trenches — seeing what works and what doesn’t — with an appreciation of your story, value drivers, interests, priorities, and preferences.
Our preventive approach to lawyering helps you play a long game that improves relationships in your value chain, alerts you to the early warning signs of brewing legal trouble, lessens the incidence of disputes in the value chain, reduces the risk of expensive litigation, and improves the likelihood of better results when it does arise.
“If we manage conflict constructively, we harness its energy for creativity and development.”
— Kenneth Kaye
In the 1850s, a prominent frontier trial lawyer offered wise advice.
“Discourage litigation,” he said. “Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”
Abraham Lincoln was right. Litigation, an endless source of negative energy and aggravation, is not a logical way to resolve conflict. It’s a power game, a high-priced form of dispute resolution that has little in common with problem solving. There’s another way.
Much less expensive than litigation, mediation is an alternative form of dispute resolution that allows parties, with the help of a neutral mediator, to find their own solution to conflict. The mediation process is about shifting the focus from warfare to peacemaking, from positions to interests, from being right to being “settled.”
Our work as mediators is informed by experience trying and litigating a range of commercial disputes around the country, and seeing first-hand the pain and peril that comes from outsourcing outcomes to judges, juries and arbitrators. A table is the place where dispute resolution ideally should begin.