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Commercial Litigation

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Duane Morris has a broad trial practice with emphasis on commercial litigation, franchise litigation, products liability, patent litigation, software litigation, construction law and related litigation. More detailed descriptions of our practice in these areas are contained in separate overviews and are available upon request.

Range of Services

The firm's commercial litigation practice encompasses all aspects of commercial relationships, including disputes involving the Uniform Commercial Code, contracts, business dissolutions, leveraged buyouts and other financial arrangements.

Antitrust and Trade Litigation. Our trial lawyers represent clients in private treble damage actions, individuals and corporations indicted for criminal violations of the antitrust laws and companies that have received grand jury subpoenas. In addition to matters involving monopolization, price discrimination, dealer termination, territorial restraints, price-related restraints and restrictive covenants, we have represented clients in cases involving Lanham Act unfair competition claims and trademark infringement. The firm also handles trade regulation work, counseling clients on the legality of business and distribution arrangements under the antitrust and consumer protection laws.

Corporate Litigation. Duane Morris represents clients in litigation involving public and closely held corporations and corporate officers, directors and shareholders. This includes litigation involving management and corporate control issues, mergers and acquisitions, shareholder appraisal rights, contract disputes, employment agreements, covenants not to compete, financial transactions and insurance coverage disputes. We also represent partnerships, partners and sole proprietors in similar types of commercial litigation.

In addition to our commercial litigation practice in the state and federal courts, our lawyers handle declaratory judgments, preliminary injunctions, alternative dispute resolution, domestic and international arbitrations, mini-trials and mediation proceedings.

Securities Litigation. The firm represents clients in litigation brought under state and federal securities laws. Our securities litigation practice ranges from litigation resulting from initial public offerings to shareholder disputes stemming from mergers and acquisitions and tender offers, as well as insurance coverage issues raised in these contexts. The firm also represents clients in securities class actions.

Our lawyers have represented management, as well as outside directors, in various cases involving challenges to public disclosures in connection with public offerings, derivative actions involving fiduciary duty claims and claims brought by regulators and rehabilitators. In addition, Duane Morris has represented both the acquirer and the target in hostile takeovers that have involved issues of securities law, as well as corporate litigation.

In the retail brokerage area, the firm has represented brokerage firms, registered representatives and public customers in litigation and arbitration in all aspects of securities law, including broker-customer cases, intra-industry disputes and employment claims. Our lawyers also have served as arbitrators for the Financial Industry Regulatory Authority, providing a unique perspective on how such cases are viewed by those who decide them.

Franchise Litigation. Duane Morris represents both franchisors and franchisees in disputes arising out of their business relationships, including claims for trademark infringement, breach of the franchise agreement and fraud, as well as actions for preliminary and permanent injunctive relief in connection with the termination of the franchise relationship.

RICO and Consumer Protection Litigation. Our lawyers handle treble damage cases for clients arising under the RICO statute, as well as class action lawsuits against businesses for violation of various state consumer protection laws in connection with the advertising and merchandising of their products and services.

Real Estate and Tax Assessment Litigation. Our lawyers have represented businesses in cases involving land use issues, including easements and condemnation, and have been involved in tax sale disputes with local governments, as well as disputes relating to the financing of real estate transactions. The firm also has a substantial practice representing both small and large businesses against municipalities, challenging real estate tax assessments on grounds of improper rates and ratios and improperly assessed valuations.

Injunction Practice. Duane Morris maintains a group of lawyers who are available to appear in both state and federal courts to obtain injunctive relief for the firm's business clients. The firm has represented businesses in a variety of proceedings seeking injunctive relief including restrictive covenants, letters of credit issues, protection of collateral, franchise terminations, public and private nuisance claims, and theft of trade secrets and other proprietary business information.

For More Information

For more information, please contact Matthew A. Taylor or any of the practice members referenced in the Attorney Listing.

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