Litigation

Litigation

Gallagher & Kennedy’s litigation group provides aggressive advocacy, excellent service, and cost-effective case management in virtually all problem areas encountered in the business world. Our exceptional team works with startups, small businesses, and Fortune 500 companies in diverse industries, including professional sports teams and athletes, universities, manufacturers, insurance, healthcare, aviation, transportation, environmental, and construction.

We help clients assess, manage, and avoid risk. When litigation is unavoidable, we provide sound, strategic counsel to prepare clients for arbitration proceedings or trials in federal and state courts. Our substantive areas of practice include complex matters involving:

• Appeals
• Bankruptcy and creditors’ rights
• Class actions
• Construction defects
• Employment claims
• Environmental regulation and rulemakings
• Insurance
• Intellectual property
• Product liability defense
• Professional liability, licensing, and credentialing
• Public bidding and procurement protests and claims
• Real estate

 

APPEALS

We have substantial experience pursuing and defending civil, criminal, and administrative agency appeals in Arizona and New Mexico courts, other state courts, and federal courts of appeal including the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, District of Columbia Circuit, and Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits.

Our team handles appeals not only when we have assisted in the trial of a case, but also on referral from outside clients or attorneys seeking new counsel on appeal for a fresh perspective. We provide intelligent and persistent advocacy for businesses and individuals involved in complex serious and high-stakes disputes.

Click here to learn more about our robust appellate practice.

 

BANKRUPTCY & CREDITORS’ RIGHTS

Representing creditors and debtors alike, we are experienced advocates in state, appellate, federal, and bankruptcy courts. We guide corporate and individual debtors through restructurings, negotiate workouts with creditors, and handle bankruptcy proceedings, including Chapter 7 liquidation and Chapter 11 reorganization cases. We help debtors prepare for bankruptcy and develop strategic planning if creditors initiate litigation or an involuntary bankruptcy proceeding.

For creditors, such as local and out-of-state financial institutions, landlords, vendors, prospective asset purchasers, and creditors’ committees, we protect their rights both in advance of a debtor’s insolvency and after a bankruptcy filing. We help them assert their rights in bankruptcy court proceedings.

 

CLASS ACTIONS

Successful results in class action suits often turn on a mix of the complex class action procedures and the intricacies of the substantive area of law at issue. We have extensive experience defending companies facing class action and mass action suits in both state and federal courts in Arizona and across the country. Our approach is to emphasize early strategic planning and work efficiently to obtain the best outcome for our clients.

We have litigated matters in state and nationwide class action proceedings for claims involving:

• Antitrust
• Unfair competition
• Breach of warranty or contract
• Violation of consumer protection and consumer fraud laws
• Insurance
• Racketeering

Our substantive experience in class and mass actions in various contexts and claims enables us to advise our clients in both litigation and business strategies to minimize exposure and maximize the likelihood of success for a given dispute.

 

CONSTRUCTION DEFECTS

Whether defending, prosecuting, or arbitrating complex multiparty construction matters, we successfully represent clients before administrative hearing officers, governmental agencies, private arbitrators, and state and federal courts. Areas of expertise include:

• Construction defects and claims
• Commercial and residential contract and building disputes and claims
• Mechanics’ and materialmen’s liens
• Contractor representation
• Insurance and surety disputes and claims

Click here to read more about our construction practice.

 

EMPLOYMENT CLAIMS

We defend employers facing lawsuits in state and federal courts alleging wrongful discharge, whistleblower/retaliation, employee discipline, breach of employment contract, breach of covenant of good faith and fair dealing, wrongful discharge in violation of public policy, and intentional and negligent infliction of emotional distress.

We also counsel employers on federal and state workplace regulatory compliance with such matters as Fair Labor Standards Act (overtime and minimum wage law), Family and Medical Leave Act, and Worker Adjustment Retraining and Notification Act (plant closing statute). We also represent and defend employers in administrative claims and civil litigation before federal and state regulatory agencies, and in private civil actions by current and former employees.

 

ENVIRONMENTAL LITIGATION

Working with federal and state regulatory agencies, courts, and at administrative levels throughout the U.S., we mitigate and resolve sophisticated environmental problems involving all of the major federal environmental statutes, including the:

• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
• Resource Consolation and Recovery Act (RCRA)
• Clean Air Act
• Clean Water Act
• Toxic Substance Control Act (TSCA)
• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• Endangered Species Act
• National Environmental Protection Agency (NEPA)

Many of our environmental and natural resources attorneys have formal training and substantive work history in engineering and the sciences, particularly the science associated with regulated substances such as heavy metals, mold, asbestos, benzene, pesticides, TCE, and PCBs.

Combining our understanding of complex statutes and regulations in environmental law with our technical expertise in the areas of geology, engineering, chemistry, hydrology, biology, and toxicology, our team is known for its ability to translate scientific and technical concepts to lay jurors, judges, and arbitrators in litigation regarding various oil and gas property and commercial issues.

Click here to learn more about our robust environmental practice.

 

INSURANCE & CIVIL DEFENSE LITIGATION

With extensive experience representing both insurance companies and insured individuals and businesses in complex, high-exposure coverage disputes, Gallagher & Kennedy attorneys skillfully navigate the legal landscape of the insurance industry to best serve our clients’ needs. For insurance companies, we advise on insurance coverage and appropriate claims-handling practices and defend against breach of contract or bad faith claims. For insureds and individuals and businesses seeking insurance coverage, we provide coverage analysis and representation in breach of contract and bad faith claims against insurance companies.

Click here to learn more about our insurance practice.

 

INTELLECTUAL PROPERTY

Our experience includes both enforcing intellectual property rights and defending clients against enforcement actions in courts throughout the country, including complex trademark disputes, copyright infringement actions, trade secret misappropriation, false advertising cases, and patent infringement cases.

Click here to learn more about our IP practice.

 

RULEMAKING CHALLENGES & PROCEEDINGS

We advocate for clients in legal challenges to the U.S. Environmental Protection Agency and U.S. Department of Transportation during high-profile federal and state administrative proceedings, rulemakings, and court actions throughout the United States, including challenges and appeals in the U.S. District Court for the District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit, and U.S. Court of Appeals for the Ninth Circuit, as well as in lawsuits brought under myriad state environmental laws.

Our work includes developing and submitting comments on EPA’s and analogous state agencies’ proposed rules and advocating for clients before these agencies and with the Office of Management and Budget regarding EPA’s cost estimates associated with its rules.

Click here to learn more about our robust environmental practice.

 

PRODUCT LIABILITY

We handle product liability claims for local, regional, and national manufacturers and distributors, including for all types of consumer products, automobiles and other motorized vehicles and component parts, aircraft (both fixed wing and rotor craft), medical devices and implants, blood products, and infrastructure products such as utility generation equipment and cable and wire.

Click here to learn more about our product liability defense practice.

 

PROFESSIONAL LIABILITY

Gallagher & Kennedy’s professional liability attorneys have substantial experience defending lawsuits and administrative proceedings against professionals across many industries, including lawyers, medical professionals, accountants, auditors, real estate agents, stockbrokers, and other licensed professionals.

Our attorneys assist individuals and entities with professional licensing and credentialing by efficiently navigating the various processes and special requirements ascribed by professional governing bodies. Our collective experience in licensing and credentialing extends to investigations surrounding disputes and their resolution through hearings, disciplinary proceedings, and appeals.

Click here to learn more about our professional liability defense practice.

 

PUBLIC BIDDING & PROCUREMENT

Government entities spend billions of dollars annually purchasing commodities and services from private businesses. These lucrative government contracts are secured through a public purchasing process known as “public bidding” or “procurement.”  Once the government makes its award, disappointed bidders or proposers can challenge, or “protest,” its decision.

We have represented both the government and successful bidders in defending against such protests and have represented disappointed bidders in protesting the government’s award. Having the right counsel on your side is critical. Protest timelines move quickly, arguments can be waived if not raised in a timely manner, and bidders or proposers must actively defend their own bids or proposals.

Even after a procurement contract has been awarded, a dispute may arise between the government and the contract awardee, or between the awardee and a subcontractor. Given the unique nature of government contracting, it is critical to meet the government’s contract obligations and establish a positive performance relationship.

Our team advises clients of their rights and responsibilities to help protect their interests and has a successful track record in resolving and litigating contract disputes.

Click here to learn more about our public bidding and procurement team.

 

REAL ESTATE

Our real estate litigation attorneys assess and resolve complex real estate disputes for a diverse clientele, from individuals to large international corporations. We work to develop cost-effective strategies to achieve our clients’ desired resolution, which can include settlement negotiations, mediations, trial advocacy, and through appeal.

The team defends clients’ property rights and obtains damages for a variety of property-related disputes, including:

• Bankruptcy-related real estate disputes
• Complex litigation arising from development land use agreements
• Condemnation and eminent domain, including valuation disputes
• Defense of developers and homebuilders in class action lawsuits
• Deficiency litigation
• Land use and zoning disputes with government entities
• Lis pendens actions
• Mining claims
• Property line disputes
• Quiet title actions
• Real estate lease and purchase agreement disputes

Click here learn more about our robust real estate practice and our land use and zoning team.