Clark Hill's litigation practice is the firm's largest practice group, and serves as counsel to numerous national and local businesses, individuals, and governmental agencies, in federal, state, and local courts, and before administrative agencies. Our litigation attorneys recognize the need to keep clients regularly apprised of litigation expenses, and we work with our clients to project and budget litigation fees and costs. Our Litigation Practice Group regularly engages in continuing education and training of its members, and utilizes a wide range of ancillary resources, including advanced systems for document compilation and retrieval, electronic database research, and other litigation-related technology.
Specific areas in which Clark Hill attorneys have experience and expertise include:
Securities
Clark Hill attorneys have handled securities-related lawsuits, both individual and class action, involving publicly traded as well as closely held corporations, together with a variety of real estate, oil and gas, coal mining and leasing syndication matters. Our clients have included investors, issuers, corporate officers and directors, national accounting firms, securities brokerage firms, national construction firms and financial institutions. These cases have involved claims arising under the federal securities laws, RICO, state security statutes and the common law. Clark Hill attorneys have also served as NASD arbitrators.
Uniform Commercial Code
Cases arising under the Uniform Commercial Code (UCC) make up another large segment of our commercial litigation practice. Our UCC litigation experience includes cases involving sales contracts, commercial paper and negotiable instruments, and secured transactions. Clark Hill attorneys have successfully handled several appeals that have resulted in landmark Michigan decisions under the Uniform Commercial Code.
Business Torts
Clark Hill has represented clients in a variety of trademark infringement, antitrust, trade secret, unfair competition and related "business tort" lawsuits. We have the ability to quickly "gear up" to obtain or defend against preliminary injunctions and to handle the accelerated proceedings that these cases often require. Our sophisticated litigation support capability is a valuable asset in these situations.
Contract Litigation
Clark Hill attorneys handle all manner of contract-related claims, including sales contracts, professional services agreements, warranty claims and economic losses, manufacturer's representative matters, insurance coverage disputes, licensing matters, and real estate actions. We have also litigated government contract claims in the United States Court of Claims and before federal agency boards of contract appeals. We vigorously pursue collection cases, proceedings to recover leased property and loan collateral, and actions to enforce judgments.
Professional Liability
Clark Hill has established a national reputation in the areas of professional and director and officer liability, having successfully represented governmental entities, national law and accounting firms, local and national corporations, partnerships and individuals with respect to claims of professional negligence and corporate mismanagement.
Construction Litigation
Clark Hill's construction litigation is extensive. The firm represents clients in virtually every segment of the construction industry, including: general contractors, owners (private and governmental), design professionals, developers, industry associations, lenders, purchasers, subcontractors, suppliers and sureties. Our attorneys have handled litigation throughout the United States before state and federal courts, administrative agencies, and arbitration panels. Cases handled by the firm range from complex litigation involving large multi-million dollar construction projects to simple collection and lien enforcement proceedings. Clark Hill's construction litigators have successfully tried and arbitrated numerous cases and are recognized throughout the country as experts in their field.
Real Estate Litigation
Clark Hill regularly represents its clients in all types of real estate litigation cases, ranging from landlord-tenant disputes to office building and other commercial property foreclosures and lender and guarantor liability cases. Clark Hill attorneys have also represented real estate investment trusts in putative class action litigation. Moreover, we have enjoyed substantial success in real and personal property tax refund cases, having secured tax refunds and rollbacks in the tens of millions of dollars for some clients.
Insurance Litigation
Clark Hill has been involved in disputes concerning most major lines of insurance on behalf of both insurers and policyholders. Frequently, these are complex, multi-party actions brought in state or federal courts across the United States. Our extensive experience in managing such large cases has proven extremely valuable. In this regard, we have been very successful in these cases for our clients; our litigation attorneys are ready and able to meet client needs in this vital area of the law.
Alternative Dispute Resolution
Clark Hill litigators have deep experience with arbitration, mediation, mini and summary jury trials and other types of Alternative Dispute Resolution. In addition to serving in an advocate role, many Clark Hill attorneys serve as arbitrators, mediators and special masters, affording broader institutional knowledge of effective ADR practices.