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Litigation

More than two decades of growth in consumer, investor, employee and competitor activism, coupled with the evaporation of the notion of “responsibility” for one’s own actions, have catapulted businesses and professionals into the litigation arena at an unprecedented rate. The equally rapid rise in the number of government regulations and intensity of enforcement efforts, including a greater willingness to seek criminal and civil penalties, has forced clients to defend their business policies and practices more aggressively than ever before.

The goal of our litigation services group is to resolve disputes to the advantage of our clients in a fast and efficient manner. As one of the larger firms in St. Louis, we have the professionalism, experience and resources to prosecute and defend any type of complicated matter. In addition, in our tradition of personal service, we can effectively and efficiently manage smaller and less complex matters, and realize that in certain cases the very survival of the business may hinge on the outcome of the dispute. We also have extensive experience with and often recommend alternative dispute resolution, such as arbitration or mediation. Whatever the forum, we assist our clients in reaching sensible solutions to business, financial, commercial and governmental disputes.

Our lawyers represent business and individual clients in federal and state courts at the trial and appellate levels in Missouri, Illinois and many other jurisdictions. Our recent representations include:

  • Tried and received $8.5 million judgment for our clients in pension and ERISA severance benefit case
  • Successfully represented a medium sized Illinois company against a Fortune 100 company in an environmental liability action, resulting in a settlement for our client in excess of $7 million
  • Received a jury verdict in favor of a subcontractor in a case of first impression involving bid-shopping in a $4.6 million construction project
  • Received a favorable jury verdict in a real estate dispute concerning the sale of an 850 acre commercial real estate development
  • Successfully defended a multi-million dollar toxic tort federal court case and state court pharmaceutical products liability case
  • Acting as a regional counsel for a Fortune 100 company in toxic tort cases
  • Acting as national coordinating counsel for a safety equipment manufacturer, handling its trial and appellate work throughout the country
  • Acting as national coordinating and trial counsel for all products liability work for an international equipment assembler and manufacturer
  • Received mandatory injunction ordering delivery of goods worth in excess of $3 million, and successfully defended the injunction on appeal
  • Successfully prosecuted substantial breach of contract and property damage case against a governmental subdivision
  • Defending small and Fortune 100 companies in nationwide class action lawsuits
  • Successfully arbitrated claims for and against securities brokers and dealers
  • Successfully prosecuted and defended Lanham Act claims and other claims involving trademarks, copyrights and other intellectual property rights

We have represented clients in various types of disputes:

  • Contracts, sales agreements and secured transactions
  • Environmental and safety matters
  • Construction, mechanic’s liens and performance bonds
  • Legal, accounting and professional liability
  • Product liability and toxic torts
  • Condemnation, zoning, real estate and leases
  • Partnership control and dissolutions
  • Professional licensing
  • Antitrust
  • Government contracts
  • Insurance disputes/ insurance coverage
  • Intellectual property/ trademark/ copyright/ trade secrets
  • Franchise and distribution
  • Class actions
  • Securities broker-dealer disputes
  • Lender liability
  • Financial institution regulation
  • Mold claims
  • Investor and securities fraud
  • Trust and estate litigation

Working with Clients

We recognize the importance of personal service – always being accessible to our clients, keeping them informed of each important development, and involving them in the development of strategy. As experienced business trial attorneys, we know the importance of learning and understanding the business operations of our clients. This knowledge enables us to form strategies that promote our clients’ litigation position without frustrating their business plans or complicating relationships with suppliers, customers, investors, employees or competitors. When needed, we also form interdisciplinary groups with non-litigation attorneys in our firm to review and analyze all technical and business aspects of a situation involving litigation. Because of our comprehensive litigation approach, we have also been asked to provide risk management services and preventive counseling to various industries.

Fee Structure

Our fees are competitive with those of other leading firms in the St. Louis, Missouri region. We find that most of our clients are comfortable with a billing arrangement under which the fee is calculated primarily on the basis of hourly rates. Alternative fee arrangements, such as fixed fee, blended hourly rate, contingent fee, or value billing, may be negotiated. We have extensive experience with task-based billing and litigation budgeting. We encourage frank and open discussion of fees at the outset of representation.