Litigation

Our Focus

Our trial team focuses on all commercial cases, including those that pose serious risk to the viability of companies if not defended aggressively. The approach is to work with the client to minimize risk from the initial filing of the suit. Because we most often represent institutional and corporate clients, we approach litigation from a business perspective, remaining conscious of balancing the cost of litigation strategy versus the potential benefits. Our litigation attorneys are equipped with the technical support to handle large scale document discovery management, production and electronic presentation of evidence in the courtroom and to assist clients in complying with the preservation and analysis of electronically stored evidence.

We understand that no litigation proceeding is the same, and we never follow a formula, so our clients benefit from a custom tailored approach and full list of litigation service offerings:

• Alternative Dispute Resolution
• Business and Commercial Litigation
• Class/Collective Action
• Computers and Technology
• Construction
• Complex/Mass Tort
• Divorce
• E-Discovery
• Education
• Employment
• Energy
• Environmental
• Insurance
• Intellectual Property
• Lender Liability
• Media Law/First Amendment/Constitutional
• Personal Injury
• Personal Representation
• Product Liability
• Professional Liability
• Real Estate
• Regulatory/Administrative
• Securities
• Taxation
• Trademark, Copyright and Unfair Competition
• Transportation

Who We Represent

We represent defendants and plaintiffs from all industries in litigation and dispute resolution proceedings. For example, we obtained a seven-figure summary judgment for an Iowa bank, represented a direct marketer defending a nationwide class action matter in California, defended one of the nation's largest livestock producers, defended wage and hour class actions, and submitted an amicus brief to the United States Supreme Court on behalf of the National School Boards Association.

Industry Commitment

Our attorneys excel in the courtroom. Several of our attorneys are fellows of the American College of Trial Lawyers and one is a past president of the Nebraska State Bar Association. Our litigation practice is recognized as a first-tier law firm for litigation by Chambers USA: America's Leading Lawyers in Business. Our attorneys are also recommended in Benchmark: America's Leading Litigation Firms and Attorneys and the Best Lawyers in America. Our team includes a former Justice of the Nebraska Supreme Court and a former adjunct professor who taught trial practice at the Creighton University School of Law. We are the only Nebraska law firm selected to participate in the prestigious Lex Mundi and USLAW referral networks, which are associations of independent law firms that offer legal expertise worldwide.

Alternative Dispute Resolution

We help clients pursue cost-effective alternatives to the courtroom, including mediation, arbitration, and negotiation. Several of our attorneys are experienced mediators who are available to serve as neutral parties to facilitate dispute resolution. We also represent clients who seek to compel parties to arbitration.

Business and Commercial Litigation

We represent businesses and individuals in all types of corporate and commercial disputes, ranging from simple contract claims to complex class actions. We have experience litigating cases involving corporate acquisitions, securities, technology, intellectual property, unfair competition, bankruptcy, antitrust, white collar crime, class actions, shareholder disputes, and a host of other business related claims.

Class/Collective Action

Our attorneys have successfully litigated and resolved class actions, collective actions, and other types of representative suits involving claims under the Fair Labor Standards Act and similar state wage and hour laws, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Fair Housing Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, and the Telephone Consumer Protection Act, as well as suits alleging various claims around data privacy issues and other state and federal statutes.

Computers and Technology

We have experience representing clients in software, hardware, privacy, internet, medical technology, and other related disputes. We are trial counsel for technology companies and telecommunications and related firms.

Construction

We represent clients in all types of construction litigation, arbitration, and construction dispute resolution, including construction liens, foreclosures, bidding and bond disputes, contract disputes, and construction and design defects. Our clients include owners, design professionals, general contractors, specialty contractors, lenders, municipalities and political subdivisions, school districts, and hospitals.

Complex Business Disputes/Mass Tort

We are experienced in litigating multi-plaintiff, multi-claim toxic tort, regulatory, contract and product liability cases, particularly businesses targeted by such claims.

Education

We provide litigation support for a wide range of school-related disputes and issues including personnel matters, labor relations, constitutional concerns, public meetings and public records law issues, student discipline questions, financial issues, legislation, contracts, pensions, and investments.

Employment

We represent employers in all types of employment matters, including employment discrimination, wrongful termination claims, trade secrets, and workers' compensation. Our employment litigators are licensed in 12 states and have experience on the national level.

Energy

We have a long-standing history representing energy companies in the Midwest.
Our litigators represent traditional power generation companies as well as renewable producers—including biofuel and wind—in a broad range of disputes.

Environmental

Our lawyers have experience litigating private and government environmental claims, and have represented clients throughout the Midwest with regard to claims arising under federal and state environmental regulatory and liability schemes. Our attorneys have been involved in litigation relating to contaminated sites and spills, including cost recovery litigation under Superfund (CERCLA), remediation of leaking underground storage tanks, and liability based on other regulatory programs.

Insurance

We represent health, life and disability insurers defending coverage and bad faith claims, general and professional liability carriers, and we handle matters involving workers' compensation, casualty and title insurance. We also handle claims and fiduciary litigation involving self-insured entities.

Intellectual Property

We represent clients in disputes concerning trademark, copyright, unfair competition, trade practices, and covenants. We have intellectual property litigation experience in a great number of industries.

Lender Liability

Our attorneys have experience representing banks, insurance companies and other lenders in cases involving lien priorities, disclosure duties, loan disputes, and regulatory requirements.

Media Law/First Amendment/Constitution

We represent television stations, radio stations, public entities, and political subdivisions oftentimes related to media access rights to judicial and administrative proceedings. We also have experience litigating on behalf of individuals in defamation lawsuits. We have represented clients in constitutional civil rights challenges.

Personal Injury

We represent clients in personal injury and wrongful death lawsuits involving automobile, trucking, and other accidents and unsafe products.

Product Liability

We have defended and prosecuted claims involving the design of and warnings associated with a variety of products involving serious personal injury, wrongful death, and commercial warranty damages. Products include siding, acetone, forklifts, jet skis, penta, and computer batteries.

Professional Liability

We represent physicians, attorneys, and other professionals with respect to malpractice claims and related issues involving allegations of professional negligence.

Real Estate

Our attorneys have experience litigating real estate covenants, boundary disputes, zoning, breach of contract, and many other real estate issues. Our clients include owners, developers, lenders, municipalities and political subdivisions, school districts, and health care facilities.

Regulatory/Administrative

Our trial lawyers represent clients before administrative and regulatory agencies. We have challenged and contested agriculture, environmental, tax, consumer protection, banking, health care, transportation, telecommunications, FDA, and the U.S. Commerce Department (import and export) matters. With regard to state and federal taxing authorities, we have represented clients in all areas.

Securities

Our trial lawyers represent clients in all manners of securities disputes, ranging from share valuation contests in closely held companies and banks to shareholder derivative actions against publicly-traded corporations.

Taxation

We represent clients before state tax commissions, local tax boards, and the courts in cases involving property taxes, sales and use taxes, franchise taxes, income taxes, gift taxes, and estate taxes.

Trademark, Copyright and Unfair Competition

We represent clients in disputes regarding intellectual property rights including assets such as trademarks, copyrights, trade secrets, and unfair competition.

Transportation

Our attorneys represent clients with respect to various legal aspects of the transportation industry. We have experience with accident litigation, handling the defense of complex litigation in state and federal courts, and also in dealing with various state and federal agencies. We have established a rapid response team to assist our clients with serious events arising from the transportation of goods or cargo.