Appellate Advocacy

Our attorneys not only handle post-trial motions and appeals involving cases tried by the Firm, but are often asked to assist or assume prime responsibility for representing the client's interest in post-verdict and appellate proceedings in difficult or high-exposure cases tried by outside counsel. Our appellate attorneys work cooperatively with trial counsel to review the case. We are highly experienced in succinctly and thoroughly briefing complex legal issues for the appellate court and presenting persuasive oral arguments to the panel. Our attorneys have successfully argued appeals in the great majority of U.S. Courts of Appeals stretching from coast to coast and in the highest courts of numerous states and have consistently demonstrated our ability to combine superior appellate briefs and outstanding oral advocacy.

Civil Rights and Constitutional Law

In representing our public sector clients, including railroads, cities and municipalities, and public and law enforcement officials, our attorneys are often required to defend claims alleging violations of state and federal civil and constitutional rights, including Section 1983 and Bivens claims against law enforcement officers and other state and federal actors.

The Firm's attorneys have successfully defended our clients in actions asserting civil rights violations arising from of multitude of scenarios, including denial of zoning and land use approvals, implementation of employee drug testing and search polices, law enforcement actions and disability discrimination claims. We have also successfully defended civil rights claims asserted in "predatory lending" litigation under the Equal Credit Opportunity Act, Fair Housing Act, the Truth In Lending Act, and the Real Estate Settlement Practices Act. Likewise, we have succeeded in representing our clients in cases alleging constitutional violations in the areas of substantive and procedural due process, freedom of speech, freedom of assembly, search and seizure and discrimination in the areas of employment and public bidding. We also have extensively litigated constitutional defenses available to our clients, such as sovereign immunity and qualified immunity.

Commercial and Business Litigation

The Firm is often called upon to represent its clients in any number of commercial disputes including multi-million dollar contract disputes, directors and officers liability, fraud claims, employment contracts including restrictive covenants, construction liens, consumer class actions, bankruptcy, securities fraud, RICO, antitrust, franchise and distribution, and shareholder and partner disputes. Whether our clients have local disputes or become embroiled in complex multi‑district litigations, our attorneys possess the experience to reach the most cost‑effective and efficient resolution possible, whether through litigation, arbitration or mediation. We have extensive experience enforcing, defending and litigating equitable forms of relief such as injunctions and restraining orders as well as obtaining monetary relief on behalf of our clients, including attorneys' fees when available. Based upon its experience and success in vigorously representing clients in complex commercial litigation, the Firm has been selected by a major financial institution as its national counsel in defending several class actions alleging mortgage fraud.

Construction Litigation

The Firm represents owners, developers, general contractors and subcontractors involving a wide variety of trades in connection with serious personal injuries, labor law claims, defective construction claims, delay and loss of productivity claims and claims involving failure to procure proper insurance. Our cases also often involve professional liability claims against engineers, architects and other design professionals.

Where possible, we endeavor to achieve early settlement of disputes through alternative dispute resolution without the expenses and disruption which inevitably accompany construction litigation. When early resolution cannot be achieved, our construction lawyers litigate complex and often highly technical claims in both the federal and state trial and appellate courts. Our insurance coverage lawyers are also regularly called upon to render coverage advice and litigate disputes arising from construction/design defect claims, project site accidents and contractors' indemnification obligations.

Employment Litigation

The Firm represents public and private employers in litigation arising from all aspects of the employer‑employee relationship. We have successfully defended employers in employment discrimination and labor matters in several state and federal jurisdictions, including before administrative tribunals, involving claims for wrongful termination, contract disputes, wage and hour violations, Family Medical Leave Act claims, restrictive covenants, sexual harassment, and hostile work environment, as well as all types of discrimination claims. We have conducted internal investigations into employee complaints of discrimination and harassment. We have also successfully represented our clients in complex disputes concerning benefits under the Employee Retirement Income Security Act as well as employee privacy issues, including drug testing and search policies. Our attorneys frequently counsel clients on how to avoid employment‑related litigation.

We are proud of our ability to establish and maintain excellent working relationships with our clients as well as their insurance carriers and any in-house or private counsel recognizing the unique legal, economic and emotional nature of employment claims. We always defend employment cases with an eye towards winning at the summary judgment stage and have been extremely successful in this regard. Nevertheless, we are well prepared to try cases that need to be tried and have obtained defense verdicts in the majority of discrimination cases that we have tried to verdict. Because of our reputation and track record as a firm that tries cases and aggressively defends employment cases, we are increasing asked to take over cases on the eve of trial in order to try the case or posture the case for a favorable settlement.

We always defend employment cases with an eye towards winning at the summary judgment stage and have been extremely successful in this regard.  However, we are well prepared to try cases that need to be tried and have obtained defense verdicts in the majority of  discrimination cases that we have tried to verdict. Because of our reputation and track record as a firm that tries cases and aggressively defends employment cases, we are increasingly asked to take over cases on the eve of trial in order to try the case or posture the case for a favorable settlement.

Environmental

Our attorneys have represented local and regional clients in litigation matters and administrative proceedings involving environmental damage and remediation claims. Our clients have included municipalities, railroads, commercial property owners and real estate developers seeking to comply with state and federal regulations applicable to solid waste and toxic substances. We consult with major developers and real estate owners to help them address federal, state and local requirements governing toxic substances.

General Premises Liability and Negligence Defense

The Firm has extensive experience representing a broad range of clients from Fortune 500 corporations to individual property owners or landlords sued for bodily injury, death and property damage. These cases range from serious traumatic injuries, such as electrical burns, open head injuries and amputations, to more routine personal injury claims. Given our substantial trial practice in New York, New Jersey, and Pennsylvania, we are well versed and comfortable defending our clients in multiple state and federal venues and always pursue the possibility of disposing of our cases by way of pretrial motions. Because of our reputation as a firm of highly skilled trial attorneys, we are frequently able to position cases for early and favorable resolution on our client's behalf.

Insurance and Reinsurance Coverage

The Firm's insurance and reinsurance coverage practice is varied and sophisticated. Our insurance coverage lawyers have represented domestic and foreign insurers as coverage and monitoring counsel in a variety of coverage disputes and lawsuits relating to claims arising under primary, umbrella, excess, and catastrophic policies of CGL, D&O, E&O, public officials and employees, publishers, EIL, malpractice, railroad protective, and other types of liability and property insurance. Equally varied are the underlying claims which involve financial fraud, discrimination, unfair competition, trademark and patent infringement, environmental pollution, construction accidents and defects, professional and products liability, and bad faith, among many other subjects. Firm attorneys have often been called upon to represent our clients in complex coverage disputes and have often taken leading roles in high profile coverage lawsuits such as those involving the World Trade Center disaster, diet‑drug litigation, construction, asbestos and silica claims, the savings and loan crisis and silicon breast implant litigation but we also routinely handle less complex and far‑reaching coverage matters. The Firm often renders pre-litigation advice to insurance companies whose insured seek coverage for a variety of claims.

Intellectual Property and Trademark Litigation

The Firm is increasingly called upon to represent its clients against claims of intellectual property rights infringement, including copyright, trademark and cyber-squatting, unfair competition, trade secrets and other intellectual property related claims. Our attorneys are experienced in defending claims for both monetary and equitable relief relating to the use of intellectual property. Recently, we successfully represented a major financial institution in a lawsuit brought by a software provider over seven-figure licensing fees.

Products Liability

The Firm represents a broad spectrum of clients in products liability litigation involving personal injury, property and economic loss claims. Our attorneys have successfully litigated cases involving products manufactured or sold by our clients, including pharmaceuticals, vaccines, asbestos‑containing products, lead paint, construction equipment, construction materials, industrial machinery, pesticides, medical equipment, glass bottles, food and beverages and athletic equipment. Whether defending our clients in a single catastrophic injury case or a mass tort case with numerous plaintiffs, our attorneys have repeatedly exhibited the experience necessary to successfully defend our clients in serious product liability actions.

Professional Liability

Our attorneys have extensive experience defending professionals in cases involving claims for legal malpractice, accounting malpractice, medical and dental malpractice, insurance agent and broker errors and omissions litigation, and nursing home liability. In representing these professionals, our attorneys have acquired a thorough understanding of the nature of the services provided as well as the regulatory framework and business environment within which they operate. Once again, our skills as trial lawyers allow us to successfully defend these claims before juries or reach early favorable resolutions on behalf of our clients. Our professional liability practice also involves defending professionals in administrative and state-initiated disciplinary proceedings. We also counsel our professional clients on risk management and malpractice prevention.

Railroad Litigation

Through its representation of national, shortline, and commuter railroads, the Firm has gained the reputation of being one of the most respected and experienced railroad litigation firms in the country. We have defended railroads in state and federal courts in jurisdictions all across the country in hundreds of cases involving the Federal Employers' Liability Act, passenger personal injuries, derailments, serious crossing accidents, and trespasser claims.

In addition to defending railroads in lawsuits brought pursuant to the Federal Employers' Liability Act for injuries related to traumatic accidents, our Firm defends its clients and acts as national counsel in cases alleging occupational exposures to asbestos, silica, diesel exhaust, noise, mold, second-hand smoke, and other toxic substances, as well as cumulative trauma.

We also defend our railroad clients in employment discrimination cases, commercial litigation, contract and indemnity disputes, civil rights, and constitutional claims, including those alleging violations of First and Fourth Amendment rights.

Toxic Torts

The Firm regularly defends clients in lawsuits alleging personal injuries from exposure to toxic substances, including lead paint, mold, asbestos, chemical substances, pesticide, diesel exhaust, and PCBs. Many of these claims are by employees of our clients or occupants of public housing, and call for our attorneys to have thorough knowledge of industrial hygiene and the unique causation issues raised by these claims. We diligently keep up-to-date on the evolving state of the art of the scientific data on these types of claims.

Success in toxic tort cases often turns on a successful challenge to the admissibility of plaintiff's "scientific" evidence or a well-prepared and effective cross-examination of plaintiff's causation "experts." As a result of our Firm's success on both of these fronts in the battle against toxic tort claims, we are handling these claims across the country on behalf of our clients.

Trial

We are proud of its reputation as a firm that tries cases. Our attorneys try dozens of cases each year. We have tried hundreds of cases since the Firm's inception in 1995 and are frequently brought in at the eleventh hour to try high exposure cases. Although not every case should be tried, we believe our clients benefit from our reputation as a firm that never hesitates to try cases, which often encourages opposing counsel to realistically appraise and resolve their claim against our client. Our attorneys also are trained to conduct an early evaluation of the merits of pretrial substantive motions including summary judgment and in limine motions to bar expert opinion evidence from the opposition under Daubert and Frye. Finally, we are proud of our reputation as a firm that devotes considerable time and effort to training our associates to become skilled trial attorneys.