THE TRIAL AND LITIGATION PRACTICE
...in litigation, we understand that case organization and strategic planning are essential....
L&K’s trial and litigation group provides top-notch legal advocacy at all stages of the litigation process. We have taken cases through to jury verdict and have represented clients on matters before the Court of Appeal. While our lawyers enjoy the opportunity to present a client’s case to a jury, they also recognize the significant costs and risks of a trial. Therefore, at each stage of the litigation process, our attorneys look for settlement opportunities that accomplish a client’s goals.
Because of the substantial costs and risks associated with litigation, from the onset of the engagement our trial and litigation lawyers work closely with clients to assess their needs, objectives, the merits of their position, and a planned course of action and strategy to accomplish a client’s goals. This means that from the very beginning, we explore creative resolution options ranging from negotiating a resolution to moving for immediate injunctive relief. Consistent with fulfilling our role of serving as a trusted business advisor to our clients, our transactional attorneys and litigators work side-by-side in evaluating whether litigation is the most effective manner for achieving each client’s goals.
If a decision is made to litigate, at each stage of the process we keep our clients advised and apprised of the case and continuously re-visit the cost-risk-benefit analysis with our clients as a case develops. Through this interaction, attorneys and clients re-chart and re-assess the most efficient and cost-effective way to achieve the desired goal.
When appropriate, our Firm will undertake a case on a full or modified contingency basis. We litigate “high stakes,” complex litigation cases as well as business and commercial disputes between small business owners.
The types of cases we have handled include:
CLASS ACTION AND COMPLEX LITIGATION
Our lawyers have litigated and resolved complex multi-party and multi-jurisdiction litigation. We have represented clients in class actions, involving environmental and Superfund matters, consumer fraud and misrepresentations, shareholder derivative claims, securities fraud, wage and hour disputes, and products liability. Our lawyers have successfully defeated class allegations at the pleading stage, prevented class certification, and defended clients at trial.
L&K represents large and small businesses and individuals in a wide range of business related disputes, involving fraud, misrepresentation, unfair competition, breach of contract, internal disputes among business partners or stakeholders, and violations of state franchise laws.
L&K represents clients in all types of employment lawsuits and administrative proceedings, ranging from claims of discrimination, harassment, retaliation and wrongful discharge, to misappropriation of confidential information, defamation, and other employment-related torts. We regularly handle wage and hour claims, and defend class action lawsuits. When claims (whether individual or class action) are made or lawsuits filed, effective advocacy is essential. Our attorneys have extensive experience successfully defending virtually every kind of employment claim before administrative and governmental bodies, arbitration proceedings and in federal or state courts.
L&K’s team of attorneys handle all aspects of environmental law and regulations and have a wealth of litigation experience, from trials in state and federal courts to contested hearings before administrative agencies. Our experience includes a deep understanding of the intricacies involved in environmental, health and safety law, including air, water, waste management, occupational safety and health, remediation of environmental contamination, toxic chemical and pesticide regulation, and reporting requirements. Our team of attorneys has litigated federal and state Superfund cases, toxic tort lawsuits, and a wide variety of other environmental cases.
L&K has prosecuted cases on behalf of our banking clients to enforce loan terms, security agreements, and guarantees and defended banks against allegations of unfair lending practices. We have also defended a financial guaranty company and its officers in an action involving alleged fraud and deceit related to a $130 million bond issuance.
FINANCIAL ABUSE OF ELDERS Á DEPENDENT ADULTS
With the aging population in the United States, L&K has seen a marked increase in cases where elders or dependent adults have been taken advantage of or unduly and wrongfully influenced. As a result, elders or dependent adults may enter into contracts that are detrimental to them or they may alter their financial portfolio, will or trust in a manner that is inconsistent with their life-long intentions. L&K’s trial lawyers work in conjunction with our trust & estate lawyers to recover misappropriated assets and to rectify improperly procured contracts, including improper amendments to wills and trusts. In the process, we have recovered wrongfully diverted assets and delivered them to the appropriate individuals, heirs or estates. We have seen that financial abuse of elders and of dependent adults, cuts across all socio-economic boundaries. L&K has successfully represented elders, dependent adults, estates, and dis-inherited heirs, in both probate and civil court, through to verdict, and we have obtained favorable opinions in such cases from the Court of Appeal. L&K has zealously represented this wide-range of cases either on a fee or contingency fee basis.
L&K attorneys have assisted clients in protecting or defending their intellectual property rights through copyright and trademark infringement actions. Moreover, we have represented both employers and employees in trade secret misappropriation disputes.
PARTNERSHIP, LLC MEMBERS, AND SHAREHOLDER DISPUTES
L&K represents shareholders, limited liability company members, and partners, as both plaintiffs and defendants, in a variety of internal company disputes. We have pursued and defended against claims involving fraud, securities fraud, negligence, breach of contract, and breach of fiduciary duty.
L&K represents fiduciaries—such as executors, trustees, conservators, guardians, and attorneys-in-fact—as well as beneficiaries in probate litigation. We have assisted clients with a range of probate related matters, including will contests, international disputes, trust actions, trust and will construction, accounting actions, claims against fiduciaries, and probate and tax appeals.
REAL ESTATE LITIGATION
L&K represents purchasers, sellers, landlords, tenants, developers, lenders, and borrowers in real estate disputes. Our legal team is prepared to handle construction litigation, boundary disputes, breach of lease actions, claims of fraud, and breach of contract arising from the purchase or sale of commercial and residential property, and lender-related actions.
We have defended publicly traded companies, officers, and directors in federal and state securities fraud class actions. Additionally we have represented companies and individuals in litigation arising from public offerings, private placements, and mergers and acquisitions. We have also defended securities and investment firms and their employees in Department of Justice, SEC, and FINRA investigations and proceedings. Our attorneys have also conducted internal investigations concerning potential securities law and regulation violations and represented individuals during such investigations.