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Litigation

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Overview

Barack Ferrazzano has been selected by some of the world’s most prominent companies to represent them in their most significant legal disputes.  We believe that is because the firm has assembled a group of highly skilled trial lawyers – seasoned partners and well-trained associates – who represent clients both forcefully and efficiently.  Unlike some litigators who spend years engaging in expensive discovery only to recommend settlement on the eve of trial, we are always ready to try cases when necessary, but resolve them early and economically when appropriate.

Barack Ferrazzano trial lawyers have handled a variety of cases, including disputes concerning:
  • Securities and derivative securities
  • Contracts
  • Motor vehicle franchises
  • Trade secrets
  • Licensing
  • Consumer class actions
  • Real estate
  • Professional liability
  • Civil RICO and conspiracy actions
  • Director and officer matters
  • Negligence and product liability
  • Bankruptcy and creditors' rights
  • Bank regulatory and other financial-related matters
We also regularly handle insurance coverage matters. Our goal is to identify opportunities and maximize insurance coverage for our policyholder clients, through counseling and litigation. On the counseling side, we assist our clients in understanding and interpreting insurance coverage, developing and implementing coverage plans, and communicating and negotiating with insurers at all layers. With respect to litigation, we represent policyholders in coverage disputes with insurers. We have counseled clients regarding or litigated issues across many lines of insurance, including commercial general liability, errors and omissions, directors and officers, cyber, professional liability, representations and warranties, financial institutions, and business specialty. We have handled claims and coverage litigation such as a declaratory judgment action involving “personal injury” coverage for disparagement, contractual and tort claims against insurance brokers, disputes over additional insured coverage, litigation under a crime/financial institutions bond involving novel issues relating to the forgery of over $40 million in collateral, and an arbitration under a representations and warranties insurance policy centering on a “multiplied damages” exclusion. We represent a diverse group of businesses in resolving these disputes, ranging from one of the world's leading oil and gas suppliers to large financial institutions, major telecommunications services providers, REITs, motor vehicle manufacturers, hedge funds, law firms, and consumer goods companies.


Our litigators have extensive experience in state and federal courts throughout the United States, on both the trial and appellate levels. We understand that we are asked to help resolve business problems, and we recognize that a trial is only one potential solution.

Because our clients' success often rests on our ability to design thoughtful, cost-effective solutions to complex scenarios, a significant part of our time is focused on strategic counseling and alternative dispute resolution.

Alternative Dispute Resolution

Members of the litigation group are experienced in a broad range of alternative dispute resolution techniques, including mediations, binding and non-binding arbitrations, mini-trials and settlement trials with floors and caps. Many members of the group also sharpen their skills and widen their perspectives by serving as arbitrators and mediators.

Counseling

The litigation group also has extensive experience in strategic counseling designed to minimize the likelihood of litigation or reduce the exposure to litigation when potential problems arise.  For engagements requiring certain legal or industry specialization, we assemble strong interdisciplinary teams designed to leverage the talents of attorneys in other practice areas. Barack Ferrazzano's litigation group is often involved in complex corporate and real estate disputes that benefit from the comprehensive experience of our corporate, real estate and bankruptcy attorneys. Such a cross-functional approach has proved successful in resolving controversies ranging from dissenting shareholders' rights disputes to take-over litigation.

The firm's efficient structure and staffing philosophy allow us to craft efficient teams designed to bring the strongest talent possible to every challenge. A litigation team is assembled for each assignment based on the skill and style required for that engagement.

The members of the litigation group are frequent speakers and authors on commercial litigation topics and regularly serve as instructors at educational programs sponsored by continuing legal education associations and various trade groups. As a result of extensive trial experience, our attorneys are familiar with the strengths and weaknesses of many of the nation's leading experts in various specialties.

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