The attorneys in the firm’s Litigation Practice Group are experienced in the prosecution and defenses of all types of civil litigation before Federal, State, and local courts, including commercial contract, employment, banking, benefits, environmental, estates, trusts, shareholder, securities, copyright and trademark, property and tort litigation. We also provide legal counsel to insurance companies, transferees, structured settlement obligors, and other related entities with regard to obtaining Court approval for the transfer of structured settlement proceeds. A brief description of some of our litigation practice areas is discussed below.
The Litigation Practice Group effectively balances our clients’ need for vigorous representation with the cost of the litigation and its effect upon our clients’ lives and businesses. Due to the costly nature of litigation, we develop case by case analysis and management practices that allow us to aggressively prepare for trial, while simultaneously leveraging our clients’ position to obtain the most favorable negotiated settlement. In the event trial is necessary, our attorneys are experienced in every aspect of both jury and bench trials, as well as the prosecution or defense of any necessary appeals.
Environmental Litigation and Permitting
The Environmental Law and Land Use Practice Group, represents clients in all New York State and Federal Courts. We represent clients in controversies with governmental agencies and private parties concerning liabilities arising out of contaminated property transactions and environmental cleanup projects. We also represent municipal and private parties in negotiations with Federal and State regulatory agencies concerning the terms of environmental permits as well as Consent Orders for environmental remediation projects. The Group’s senior partner, John M. Wilson, II, Esq. was among the first environmental practitioners in Western New York to litigate significant regulatory issues raised by the State Environmental Quality Review Act (“SEQRA”) and is responsible for a number of landmark court opinions in the State’s environmental review laws.
Intellectual Property Litigation
Intellectual property litigation often involves a company’s core technology. The outcome of the litigation can put the company at risk, in addition to draining resources to pay for expensive legal fees. With that understanding, we work aggressively with the client to achieve outcomes that are designed to reach practical results to minimize disruption to the client’s business and avoid unnecessary expense. Our firm’s Litigation Group is experienced in both the prosecution and defense of intellectual property claims, including patent, copyright and trademark infringement actions and trade secret disputes, and antitrust issues that frequently arise out of such claims. We treat intellectual property litigation as a complex commercial dispute, which needs to be effectively managed so that the client can continue to conduct its business without interruption while the claim is pending.
Employment Law Litigation
Our firm’s Litigation Group is experienced in the defense of employment law claims, including discrimination actions, wage and hour claims, and contract disputes. The Litigation Group works in conjunction with the Employment Law Practice Group to provide our clients with the experience and depth to defend employment law claims filed with administrative agencies, and in federal or state courts.
Plaintiffs Personal Injury/Medical Malpractice
The Litigation Practice Group effectively litigates claims on behalf of seriously injured individuals and their estates relating to motor vehicle accidents, medical malpractice, construction accidents, unsafe premises, and defective products. The Litigation Practice Group prides itself on its ability to prosecute highly complex cases requiring experience and knowledge of expert issues relative to medicine, engineering, accident reconstruction, construction, mechanics, electricity, chemistry, or physics. The typical fee arrangement is a contingency fee of one-third of the net recovery. A contingency fee means the firm will receive compensation for legal services only if a settlement or judgment is obtained. Out-of-pocket expenses or disbursements must remain the responsibility of the client regardless of the outcome. In medical malpractice actions, the contingency fee is limited by law to a sliding scale starting at 30% of the net recovery.
Litigation