Duane Morris’ commercial litigation team tries and wins cases across the United States. Our aggressive, well-prepared approach enables us to achieve client goals in an efficient manner, in and out of the courtroom. Our clients turn to us for high stakes, bet-the-company litigation, as well as strategies to avoid disputes and solve problems before they arise
Range of Services
Corporate Governance and Stakeholder Disputes. Duane Morris represents clients in litigation involving public and closely held corporations, partnerships and companies, as well as their officers, directors, managers and stakeholders. We litigate management, governance, fiduciary duty and control issues, as well as disputes arising from mergers and acquisitions, shareholder appraisal rights, contract disputes and other transactions. Our attorneys also regularly advise clients and handle “business divorce” disputes.
General Business and Contract Disputes. Our attorneys resolve complex disputes involving contracts, fraud and regulatory issues that minimize risk and protect our clients’ interests. We regularly handle contract claims, licensing agreements, vendor disputes, RICO claims and other commercial disputes. Our comprehensive understanding of business dynamics and the legal landscape enables us to provide strategic counsel at every phase of a dispute from analysis, negotiation and discovery through trial and appeal.
Professional Liability. Duane Morris has a long history of counseling individuals, professionals, small businesses and major corporations on issues unique to their professional and business endeavors. Our attorneys represent and provide advocacy services to professionals and businesses in area such as: attorney and judicial professional responsibility and legal malpractice; accountant liability; actuary liability; insurance agent and broker errors and omissions litigation; liability of business and financial planners and consultants; real estate agent and broker liability, securities brokers’ and consultants’ responsibilities under applicable laws and regulations; cases and investigations prompted by state and federal regulators in insolvencies of regulated businesses and insurance implications and risks associated with professional liability.
Consumer Protection and False Advertising. The breadth of Duane Morris’ experience in federal consumer and regulatory laws extends across its entire national footprint and includes issues arising from the Fair Credit Reporting Act (FCRA), Consumer Credit Protection Act, Fair Debt Collection Practices Act (FDCPA), Equal Credit Opportunity Act, Truth in Lending and Regulation Z, Federal Trade Commission regulations, privacy acts and related state unfair and deceptive trade practice/consumer protection acts.
Banking and Financial Services Litigation. For decades, Duane Morris has represented financial institutions and their affiliates in every aspect of commercial and consumer litigation before state, federal and international courts and agencies. Examples of litigation handled by the firm include account fraud, consumer protection statutes, depository and payor bank liability, privacy, asset recovery, lender liability, breach of contract and employment matters. We also defend clients against multimillion-dollar class action claims, residential mortgage litigation, employment litigation and intellectual property litigation.
Class Actions. Our lawyers have litigated class actions involving state and federal consumer protection statutes, antitrust and franchise violations, securities and RICO claims, employment statutes, data protection and privacy, products liability, toxic torts and mass torts. Our clients in class action cases hail from virtually every industry, including retail, financial services, insurance, real estate, education, energy, healthcare, franchising and government. Our team also publishes the annual Class Action Review and other publications that provide comprehensive analyses of trends and significant rulings and settlements to help clients make informed decisions.
State Attorneys General Representation. Drawing on their extensive government experience, the lawyers in the group handle matters involving individual state attorneys general as well as multistate investigative task forces and cases brought jointly by state and federal prosecutors. These matters include civil and criminal investigations involving a wide range of areas, including antitrust, consumer protection, data privacy and cybersecurity, environmental, products liability, securities and tax.
Real Estate 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.
Arbitration, Mediation and Alternative Dispute Resolution. We assist clients in selecting an appropriate alternative dispute resolution (ADR) mechanism and drafting ADR contract provisions, and we represent clients in the ADR process. Our lawyers also serve as neutrals and independent arbitrators and mediators. ADR techniques are used today in settlement negotiations for all types of complex cases. Duane Morris attorneys also have experience as third-party neutrals for early case evaluations, as mediators and arbitrators in court-annexed and private proceedings and in other neutral advisory or decision-making roles.
Technology and Software Litigation. Duane Morris has a dedicated group of technology attorneys with vast, industry-specific experience who represent clients in matters related to regulatory issues, legislation and public policy; corporate organization, funding and financial transactions; information security, privacy and data protection; technology transactions, licensing and commercial contracts; artificial intelligence and emerging technologies; alternative dispute resolution for complex commercial disputes and website/online issues for companies conducting businesses online. With decades of experience in technology litigation, litigation avoidance and dispute resolution, the firm has significant insight in software disputes, representing both vendors (including major enterprise resource planning vendors and consulting firms) and customers, including Fortune 100 companies and governmental agencies.
Cybersecurity. Duane Morris lawyers have extensive experience dealing with various cyberattacks and security breaches. Our dedicated group of technology-savvy lawyers with vast industry-specific experience uses an interdisciplinary approach to help clients with detecting, containing and responding to an attack, as well as dealing with the aftermath.
Franchise and Distribution Litigation. Duane Morris represents both franchisors and franchisees in disputes arising out of their business relationships. Our attorneys handle litigation before federal and state courts and arbitration tribunals, including class action and multidistrict litigation, unfair trade practice and antitrust litigation, litigation involving state dealership protection statutes and copyright and trademark infringement litigation.
ADA Litigation (Including Website Accessibility). Duane Morris defends clients against class action lawsuits and compliance with the Americans with Disabilities Act (ADA), including general accessibility cases and matters involving website technology, the overall online experience and other related technology. We also counsel clients in all phases and areas of the digital experience, from preventative measures to solutions concerning their public-facing websites, and issues arising out of state and federal levels to minimize exposure to litigation.
Privacy Compliance Litigation. We have substantial experience defending companies against lawsuits in connection with consumer protection issues involving wiretap and federal privacy laws such as the Federal Wiretap Act (FWA), the Electronic Communications Privacy Act (ECPA), the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA) and the Illinois Biometric Information Privacy Act (BIPA).
Digital Asset Litigation. Our attorneys defend clients in difficult digital asset-related investigations and disputes. We are experienced in helping financial institutions, established businesses and startups with joint venture, licensing and merger and acquisition deals, and addressing payment, clearing and settlement issues and navigating companies, foundations and individuals through the shifting legal and regulatory environment regarding cryptocurrencies, utility and security tokens and other digital assets.
For More Information
For more information, please contact Sharon L. Caffrey, Stephen H. Sutro, Courtney L. Baird, James H. Steigerwald or any of the practice members referenced in the Attorney Listing.