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Litigation

Attorneys in Practice

Our litigation lawyers offer creative, strategic and practical advice to help our clients resolve legal disputes that invariably arise in today's business world. We understand business. As business litigators, we understand the unique problems and obstacles that different businesses face. We always tailor our litigation services towards strengthening and protecting our clients’ businesses in the most efficient manner possible. We have a record of successful results in resolving disputes favorably for our clients before litigation is ever filed, through strategic discovery or pretrial motions once litigation is initiated, and in the courtroom and arbitration hearing room should the dispute proceed to trial. In today's litigation world where many law firms rarely try cases anymore, we are an exception. Each year we try cases to decision before juries, judges and arbitrators.

Our track record includes successful litigation in a wide variety of industries including healthcare, real estate, telecommunications, banking and financial services, semiconductors, agribusiness, manufacturing, retail, software, securities, insurance and non-profits. We have defended clients against claims of $250 million and claims of $250,000. For the larger cases we have a deep bench of experienced litigators and can bring the necessary resources to successfully defend or prosecute the largest of cases for our clients. We are also adept at handling the smaller disputes that many businesses face. We know how to effectively and efficiently handle those lawsuits in a manner that will achieve our client's goals. We have experience before state trial and appellate courts throughout California, the Eastern, Northern, Southern and Central Federal District Courts of California, the Ninth Circuit Court of Appeals, the United States Court of Appeals for the Federal Circuit, FINRA and the American Arbitration Association, among other venues.

Our experience includes litigation in the following areas:

Antitrust

We represent companies against civil antitrust and related restraint of trade and unfair business practice federal and state claims. We have defended companies against such claims in federal and state court, including defending an international semiconductor company against claims under Section 2 of the Sherman Act.


Appellate Litigation

We represent litigants in state court and federal court appeals, including in the United States Courts of Appeals for the Ninth Circuit and the Federal Circuit, and the California Supreme Court and various Courts of Appeal. We have successfully overturned judgments and injunctions entered against parties represented by other counsel in the trial court, as well as preserved trial court successes. We also have extensive experience pursuing mid-litigation appellate writs and stays.


Banking and Financial Institution Litigation

Our litigation attorneys are experienced in representing banks and other financial institutions in litigation arising from borrower claims, consumer claims, claims by participant banks, and foreclosure and related litigation. We have experience representing publicly-traded national banks, as well as regional and community banks and some of the state's largest credit unions.


Civil, Commercial and Business Litigation

We represent a wide variety of business and individual interests in litigation, including health care providers, financial institutions, manufacturers, Indian tribes, developers and retail chains. Our extensive experience includes matters litigated in court, arbitration and mediation. Our practice spans a wide variety of venues, including state and federal courts, administrative proceedings and arbitration and mediation services.


Director and Officer Liability Litigation

We have experience defending officers and directors against claims made by companies, shareholders and investors concerning the director's and officer's performance of their duties to the corporation, including defending eleven (11) officers and directors against breach of fiduciary duty and related claims in the amount of $250 million.


Employment Litigation

The litigators in Boutin Jones’s Employment Law Group are widely respected for their strong advocacy of our employer clients. Our attorneys have experience in complex litigation, including class action defense. Our litigators routinely:

  • Respond to and defend against claims filed with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the U. S. Department of Labor, the California Labor Commissioner’s Office, the Public Employment Relations Board, the Workers’ Compensation Appeals Board, and the Department of Homeland Security
  • Defend employers against individual employment claims in state and federal court, and in mediation/private arbitration proceedings, regarding discrimination, harassment, wrongful termination, defamation, invasion of privacy, wage and hour violations, and breach of contract
  • Prosecute and defend against claims of unfair competition, trade secrets, and intellectual property rights
  • Represent employers in state and federal court in public accommodation civil rights suits

Intellectual Property Litigation

We represent business and individuals in disputes over ownership, infringement and misappropriation of the complete array of intellectual property rights, including patents, copyrights, trademarks, service marks, trade dress, trade secrets and other confidential information. We have successfully represented litigants involved in matters involving software copyrights, manufacturing processes, media device patents, and product packaging. Our experience includes both trials and appeals, including in the Federal Circuit Court of Appeals.


Insurance Coverage Litigation

We have represented companies and individuals from a wide array of industries in securing defense and/or recovering losses under business insurance policies, including D&O, E&O, EPL and general liability policies. We assist companies in the making of their claims to their carriers and have significant experience in prosecuting coverage and bad faith claims on behalf of our clients where claims have been wrongfully denied.


Real Estate Litigation

Our litigation attorneys have significant experience representing developers and builders in a wide array of matters, including developer liability claims, landlord-tenant claims, fraud claims, construction related claims, and claims by or against financial institutions. We have represented our real estate clients in all facets of litigation, including trial and arbitration.


Title Insurance and Escrow Litigation

We represent some of the nation’s largest title insurance and escrow companies, and their insureds, in a variety of litigation and non-litigation contexts. Specifically, we provide counseling and litigation support to our title insurance and escrow clients in conjunction with every aspect of their industries, including underwriting, coverage, claims analysis, claims handling, escrows (function, duties, and liabilities), and insurance bad faith. We also represent our clients’ insureds, which include individual homeowners, national lending institutions and everything in between, to resolve all types of real estate and title issues, both simple and complex, that are too numerous and unique to list. While our representation often includes pre-litigation efforts designed to efficiently resolve a dispute as soon as possible, we also routinely represent our clients in litigation, as both plaintiffs and defendants, through trial and appeal in federal and state courts.  Shareholders Michael “Tod” Fogarty, Michael Kuzmich and Kelley Lincoln serve as lead counsel in these matters, many of which have resulted in reported decisions that have nationwide import.


 
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Boutin Jones Inc.
555 Capitol Mall, Suite 1500
Sacramento, CA 95814
T: 916.321.4444
F: 916.441.7597
info@boutinjones.com