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Commercial Litigation

Our attorneys’ trial experience informs our judgment at every stage of litigation, from evaluating the strengths and weaknesses of a case at the outset to formulating the strategy for discovery to settlement discussions and, ultimately, in the preparation for and conduct of trial. The litigators at Richards Kibbe & Orbe LLP continuously work with clients throughout the process to assess and evaluate their options, keeping a focus on developing a litigation strategy that is appropriate for their business objectives. When this means taking a case to trial, we are ready to do so.

Our advice and advocacy are also informed by the diversity of commercial disputes we have litigated, including claims for breach of contract, breach of non-compete agreements, breach of fiduciary duty, fraud, theft of intellectual property, antitrust violations, and intellectual property infringement. Recent representations include the following:

• Represented (as co-counsel) an aircraft manufacturer in litigation arising out of the September 11, 2001 attacks, where client is being sued (along with airlines and airport security companies) for the loss of life and property damage associated with the terrorist attacks.

• Represented a manufacturer and wholesaler in a federal jury trial involving a contract and copyright dispute arising from a licensing agreement.

• Represented a large chemical manufacturing company in litigation alleging breach of the terms of a stock purchase agreement and non-compete agreement entered into in connection with the sale of a subsidiary.

• Represented major financial corporation in obtaining voluntary dismissal of federal court action brought by hospital in connection with hospital’s lease of equipment from manufacturer and manufacturer’s assignment of contract receivables to client.

• Represented a manufacturer in a multimillion-dollar state court action brought by a factory seeking to evade an arbitration clause entered into by an assignor under the Uniform Commercial Code.

• Represented a major media and advertising corporation in obtaining resolution of state court action brought by foreign bank after corporation declined to register the transfer of shares of restricted stock to bank.