Overview

LP attorneys have broad experience in a range of commercial disputes, including those where class claims are asserted. As with our other litigation services, LP’s philosophy in these matters is to provide sophisticated, focused, responsive representation in an efficient, cost-effective manner so as to generate true value for the client. From the outset of these cases, we work closely with our clients to understand business goals, budgets, and case management expectations so that we move forward as a team, united against our common opponent.

This team approach is critical in commercial and class action disputes, because they are frequently both fact- and document-intensive, which may lead to budgetary pressures unless client and counsel are jointly and actively managing the process. For this reason, we focus our efforts on early case evaluation and careful discovery planning, and we undertake only those tasks that will minimize extraneous costs and maximize our clients’ ability to prevail, either at trial or, more frequently, through a favorable settlement. As part of this effort, we employ cutting-edge litigation management technologies, backed by our burgeoning expertise in e-discovery, to eliminate unnecessary expenses and provide greater control over the budget.

Class actions present an added complication: an in terrorem effect on clients, who fear that the expense of litigation – whether in discovery or as a result of an adverse judgment – could profoundly affect the bottom line. We are well-versed in the intricacies of class action practice, and we exert all necessary and appropriate effort toward limiting early discovery to “class issues” and to defeating class certification. We are highly conversant in federal and state law with respect to class certification – including the landmark federal Class Action Fairness Act of 2005 – and we have both defeated class certification and challenged it on appeal.

Finally, because damages are often the driving force behind significant commercial disputes and class action claims, we work closely with in-house and outside experts to gauge the reasonable level of the client’s litigation exposure and to attack the frequently hyper-inflated damages claims of our adversaries. In this way, we are prepared both to negotiate dramatic reductions in settlement demands or, if necessary, to defeat our opponent’s damages claims at trial.

Substantive Experience

LP attorneys have represented clients in a wide variety of commercial disputes, both as plaintiffs’ counsel and as defense counsel, in both state and federal court, in both individual and class actions, and as both lead and local counsel. Among the types of claims we have prosecuted or defended in the commercial and class action context are:

• Antitrust
• Banking & Finance
• Breach of Contract
• Breach of Fiduciary Duty
• Breach of Warranty
• Consumer Rights
• Civil Rights
• Defamation
• Employment
• Environmental
• Franchising
• Fraud
• Insurance
• Intellectual Property
• Licensing
• Product Liability
• Restrictive Covenants
• RICO (Civil)
• Securities
• Tortious Interference
• Unfair Competition

Through a combination of substantive and procedural expertise, top-notch work product, and close consultation with the client, LP stands ready to help its clients prevail in complex commercial litigation and to defeat extortionate class action claims. LP prides itself on its client service, and nowhere in this profession will you find a group of attorneys more devoted to solving your business and legal problems, at your convenience.

To download a PDF version of this brochure, please click here.