k&l gates litigation and dispute resolution practice · k&l gates litigation and dispute...

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Our litigation practices spans domestic and international arbitrations, civil and criminal trials, class actions, multi-district and multi- national litigations, and appellate work. We have helped resolve disputes in the most nuanced and complex areas including securities litigation, insurance coverage, commercial disputes, labor and employment, product liability, toxic torts, construction and engineering, and intellectual property. Our litigation lawyers are recognized as being some of the foremost practitioners in their field. Many are ranked nationally and internationally and include fellows of the American College of Trial Lawyers, the American Law Institute and the International Academy of Trial Lawyers. We count among our ranks bar association leaders, former senior government officials, and frequent authors and speakers on a wide variety of topics. The breadth of our experience is reflected not merely in the geographic and substantive span of our work, but also in the industries in which we are experienced. K&L Gates has litigated major cases in diverse industry and market sectors. Our team brings practical experience and industry insight to bear. We employ early case assessment techniques to help our clients develop creative dispute resolution strategies, often leading to “win-win” outcomes. Litigation is not the answer to every dispute. We work with clients to resolve disputes through arbitration, mediation or alternative dispute resolution techniques when they are the appropriate means of promoting our clients’ business objectives. To reduce litigation risk, we develop compliance programs and provide training. When conflict is unavoidable, businesses and individuals across the globe turn to K&L Gates to handle their “must win” disputes. Early Cost Assessment For many litigation engagements, K&L Gates employs an Early Cost Assessment (ECA) strategy to evaluate, plan, and implement cost-effective litigation resolution strategies. The ECA approach is a collaborative effort with in-house counsel to build a strategic litigation plan with a corresponding budget and a realistic definition of what constitutes a favorable resolution of a case. K&L Gates uses the ECA process to ensure proactive lawyering, and consideration and evaluation of resolution options, early and often. In all industries and throughout all geographic markets, disputes are a potential problem for any business. They can jeopardize an organization’s profitability, reputation, and even its very existence. Our approach to such problems is straight-forward: quickly come to understand the client’s goal for resolution of the dispute, work with the client to develop a cost-effective way to achieve the goal, and then set forth to achieve the client’s goal. Our Litigation and Dispute Resolution team of more than 800 lawyers in Asia, Europe, the Middle East, and the United States has the breadth and depth of experience to address the most complex and difficult engagements in an efficient and cost-effective manner. Alternative Fee Arrangements We approach alternative fee arrangements (AFAs) by collaborating with our clients so we are both held accountable and rewarded for high-quality legal work delivered economically, predictably, and in accordance with our clients’ expectations and internal budgeting demands. K&L Gates has been proactive in developing and implementing a variety of AFAs for a wide array of engagements. Litigation Practice Areas • Securities Litigation • Class Action Defense • Insurance Coverage • Commercial Disputes • International Arbitration • Labor and Employment • Product Liability • Toxic Torts • Environmental • Construction and Engineering • Intellectual Property Litigation • White Collar Crime/Criminal Defense • Appellate, Constitutional, and Governmental Litigation • e-Discovery Analysis and Technology K&L Gates Litigation and Dispute Resolution Practice

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Our litigation practices spans domestic and international arbitrations, civil and criminal trials, class actions, multi-district and multi-national litigations, and appellate work. We have helped resolve disputes in the most nuanced and complex areas including securities litigation, insurance coverage, commercial disputes, labor and employment, product liability, toxic torts, construction and engineering, and intellectual property.

Our litigation lawyers are recognized as being some of the foremost practitioners in their field. Many are ranked nationally and internationally and include fellows of the American College of Trial Lawyers, the American Law Institute and the International Academy of Trial Lawyers. We count among our ranks bar association leaders, former senior government officials, and frequent authors and speakers on a wide variety of topics.

The breadth of our experience is reflected not merely in the geographic and substantive span of our work, but also in the industries in which we are experienced. K&L Gates has litigated major cases in diverse industry and market sectors. Our team brings practical experience and industry insight to bear. We employ early

case assessment techniques to help our clients develop creative dispute resolution strategies, often leading to “win-win” outcomes.

Litigation is not the answer to every dispute. We work with clients to resolve disputes through arbitration, mediation or alternative dispute resolution techniques when they are the appropriate means of promoting our clients’ business objectives. To reduce litigation risk, we develop compliance programs and provide training.

When conflict is unavoidable, businesses and individuals across the globe turn to K&L Gates to handle their “must win” disputes.

Early Cost Assessment For many litigation engagements, K&L Gates employs an Early Cost Assessment (ECA) strategy to evaluate, plan, and implement cost-effective litigation resolution strategies. The ECA approach is a collaborative effort with in-house counsel to build a strategic litigation plan with a corresponding budget and a realistic definition of what constitutes a favorable resolution of a case. K&L Gates uses the ECA process to ensure proactive lawyering, and consideration and evaluation of resolution options, early and often.

In all industries and throughout all geographic markets, disputes are a potential problem for

any business. They can jeopardize an organization’s profitability, reputation, and even its very

existence. Our approach to such problems is straight-forward: quickly come to understand the

client’s goal for resolution of the dispute, work with the client to develop a cost-effective way

to achieve the goal, and then set forth to achieve the client’s goal. Our Litigation and Dispute

Resolution team of more than 800 lawyers in Asia, Europe, the Middle East, and the United

States has the breadth and depth of experience to address the most complex and difficult

engagements in an efficient and cost-effective manner.

Alternative Fee ArrangementsWe approach alternative fee arrangements (AFAs) by collaborating with our clients so we are both held accountable and rewarded for high-quality legal work delivered economically, predictably, and in accordance with our clients’ expectations and internal budgeting demands. K&L Gates has been proactive in developing and implementing a variety of AFAs for a wide array of engagements.

Litigation Practice Areas • Securities Litigation

• Class Action Defense

• Insurance Coverage

• Commercial Disputes

• International Arbitration

• Labor and Employment

• Product Liability

• Toxic Torts

• Environmental

• Construction and Engineering

• Intellectual Property Litigation

• White Collar Crime/Criminal Defense

• Appellate, Constitutional, and Governmental Litigation

• e-Discovery Analysis and Technology

K&L Gates Litigation and Dispute Resolution Practice

Securities Litigation

The experience and success of the K&L Gates Securities Litigation practice spans the history of private securities class action litigation, dating from the successful representation of a national accounting firm in what is believed to have been the first Rule 10b-5 class action ever tried to a conclusion. It also includes a recent dismissal of what is believed to be the first securities class action brought against an issuer of auction rate securities. Many of the cases handled by our securities litigation lawyers have been multi-district or national class actions. We have had frequent success in obtaining the dismissal of putative class action complaints, defeating motions for class certification, and limiting the scope of alleged class periods. We also regularly work on behalf of our clients to resolve derivative and individual securities claims, regulatory matters, and compliance concerns.

Our securities litigation team is composed of over 70 professionals, including trial lawyers, former government prosecutors and regulators, as well as transactional securities lawyers, who help clients efficiently and cost-effectively resolve disputes relating to a wide range of investment instruments. These lawyers are positioned in our offices throughout the United States.

The scope of our geographic presence enables us to offer local experience in many courts where our clients may need us. Clients facing a securities claim also can benefit from the counsel of our over 35 former government prosecutors and enforcement lawyers, including the former Attorney General of the United States and lawyers from the Securities and Exchange Commission and Department of Justice.

Class Action Defense

K&L Gates’ Class Action Defense lawyers are organized into teams focusing on particular areas of substantive law under which class actions are brought. We combine a command of the rules and procedures governing class action litigation with an in-depth knowledge of the substantive areas of the law involved. Our ability to defend nationwide class actions is enhanced by the geographic diversity of the firm’s offices and the resources our lawyers can bring to bear in large class action litigation. Our teams include lawyers in the majority of the firm’s U.S. offices, as well as in Europe and Asia, who have handled cases involving potential classes of hundreds of thousands of individuals and alleged damages in the billions of dollars brought in numerous federal and state courts and other tribunals in nearly all of the U.S. and in the United Kingdom, Taiwan, and other foreign jurisdictions.

Our client engagements include representing Fortune 500 companies, financial institutions, mortgage lenders, investment companies, broker-dealers, public companies, nonprofits, municipalities, limited partnerships, and law firms in class action litigation brought under federal, state, and foreign laws. K&L Gates lawyers wrote and edited one of the leading treatises on state class action law in the U.S. entitled State Class Actions Practice and Procedure, 2nd Edition.

Insurance Coverage

For more than 25 years, our Insurance Coverage lawyers have developed and implemented innovative legal strategies to assist businesses and individuals in obtaining insurance coverage for an ever-expanding range of liabilities and losses. Our practice has become one of the largest policyholder-side insurance coverage groups in the world. We represent policyholders to help them maximize the value of their insurance assets. Specifically, we assist clients with the litigation and settlement of claims against their insurers, and counsel them on a wide range of insurance issues and insurance-related strategic concerns.

Many policyholders, of all sizes and across a spectrum of industries, have turned to K&L Gates to assist them in understanding their commercial insurance policies, negotiating the terms of such policies, and pursuing claims for coverage under those policies. The results of our efforts on behalf of clients over the years have been widely reported in the media and have earned recognition and awards in many different forums. In addition, K&L Gates lawyers authored the “Policyholder’s Guide to the Law of Insurance Coverage,” updated annually, which is recognized as one of the leading treatises on insurance law in the U.S.

DuPont Challenge Award

Citing K&L Gates’ litigation accomplishments,

DuPont awarded the firm its prestigious

Challenge Award in 1998, 1999, 2001,

2004, 2006 and 2007 for extraordinary

achievement within its Global Primary Law

Firm Network.

PPG Excellent Supplier Award

PPG Industries, Inc. conferred its PPG Excellent

Supplier Award on K&L Gates, the first law

firm recognized in the history of the award. In

selecting K&L Gates, PPG focused on the firm’s

creativity, dependability, quality, and reliability

in rendering litigation services to the

corporation.

Commercial Disputes

The Commercial Disputes Team at K&L Gates is a widely experienced and well-resourced group that presents expansive capabilities to handle “must-win” business disputes. With experienced lawyers in each of our offices, we are well-equipped to take on even the most complex and difficult engagements—anywhere, anytime around the globe. Our group résumé is replete with litigation wins. From pre-litigation settlement success stories, to wins before tribunals, trial judges, juries, and appellate courts, our commercial litigators are highly effective at evaluating and charting a course that achieves an optimal outcome for our clients. Representing both plaintiffs and defendants, we litigate the full spectrum of commercial disputes including financial services litigation, M&A litigation, business fraud, unfair trade practices and competition, sales and procurement disputes, real estate litigation, FINRA arbitrations, and professional liability cases.

International Arbitration

Many commentators have observed that the primary driver behind the dramatic increase in the volume of international arbitration over the last 10 years has been the globalization of the world economy. There is ample evidence that, in many sectors, arbitration is now seen as the first choice for the binding resolution of commercial disputes where international companies and/or state entities enter into contractual relationships which span national borders.

Our Arbitration group is well-positioned for this increasing trend with experienced teams located in many of the world’s leading arbitration centers. Our lawyers act as counsel and sit as arbitrators in complex disputes across many industries including construction,

insurance coverage, telecommunications, pharmaceuticals, information technology, heavy engineering, oil and gas, power generation, and various forms of cross-border trading and investment.

Our lawyers are arbitrating or have arbitrated in Europe, Asia, North, Central, and South America. We have extensive experience acting on behalf of investors and sovereign states with all major international arbitration rules, including those of ICC, LCIA, AAA, ICDR, ICSID, SCC, DIS, HKIAK, CIETAC, CAM Santiago, SIAC, trade associations (such as the RSA and FOSFA), and ad hoc arbitrations under the UNCITRAL Rules. We have also dealt with numerous investment treaty cases under Multilateral and Bilateral Investment Treaties.

In a fast-evolving global economy, K&L Gates is well experienced in devising innovative litigation financing structures whether that be alternative fee structures, after the event insurance offerings, and/or third party funding when viable and permissible under local regulatory regimes.

Leading international arbitration publication Global Arbitration Review (GAR) included K&L Gates among the firms on its 2010 and 2011 Global Arbitration Review 100, an annual ranking of law firms with the most active international arbitration practices. K&L Gates’ entry to the GAR 100 places the firm among the top international arbitration practices worldwide. Other directories such as Chambers, Legal 500, and Asian Legal Business have also recognized the K&L Gates Arbitration team.

Labor and Employment

Our lawyers represent management in virtually all aspects of labor and employment law throughout the world. We act in a myriad of employment litigation and administrative actions, including whistleblower claims, enforcement of non-competition agreements, and discrimination and retaliation claims. We have extensive experience handling complex wage and hour class actions and various discrimination class actions. Our lawyers assist clients in preparing employment policies and counsel them on complex employment issues, helping employer clients to manage their workplaces in a way that minimizes litigation risk. We represent management in collective bargaining, arbitration, and unfair labor practice proceedings. We defend employers in administrative proceedings on issues relating to occupational health and safety laws, immigration laws, and Office of Federal Contract Compliance requirements.

We provide counsel to a wide range of private and public employers, from multi-national companies with thousands of employees in numerous and distant locations, to companies with one site and few employees.

Product Liability

Our lawyers have considerable experience in a wide variety of product liability cases. We have defended claims involving many types of industrial machinery and equipment, numerous commercial and consumer products, medical devices, and pharmaceuticals. In addition to defending claims for individual products, group members have served as national defense coordinating counsel for numerous clients in product liability cases. We have handled cases at both the trial and appellate levels in state and federal courts in jurisdictions across the U.S. and elsewhere in the world. As a result of our extensive experience, we have regular contact with a range of expert witnesses upon whom we can draw in providing excellent product liability defense. Our lawyers also recognize that good settlements often are in our clients’ best interests, and we are experienced in negotiating settlements, including joint tortfeasor releases and structured settlements, and in the use of alternate dispute resolution techniques.

Toxic Torts

For several decades, our Toxic Tort lawyers in the U.S. have been involved heavily in the defense of toxic tort cases and the development of national defense strategies, including the representation of clients with mass tort exposures. In addition to defending individual claims, the firm has coordinated national defense efforts on behalf of major industrial clients. Our efforts in this regard include developing medical defenses and product testing reports, coordinating discovery responses, managing the preparation of medical and product expert reports, developing computer animations for trial presentation, and developing integrated electronic databases to manage both documents and a centralized case docket system.

The firm has been retained in such engagements on behalf of manufacturers and sellers of products containing silica, asbestos, manganese, lead pigment, benzene, PCBs, TCE, and other alleged toxins and hazardous substances, as well as pharmaceutical and chemical products, and products with allegedly injurious emissions, such as welding fumes, electromagnetic fields, and radioactivity. The firm also represents companies in toxic tort suits alleging injurious exposure to hazardous wastes.

Environmental

K&L Gates has a broad environmental litigation practice which includes defending clients in high-stakes civil and administrative enforcement actions; criminal prosecutions; challenging regulatory authority rules; private party and citizen suit litigation; cost recovery litigation; and first-party and third-party administrative appeals before regulatory authority tribunals. We also leverage the keen insights of several of our environmental lawyers who have held high-level positions in the U.S. Environmental Protection Agency (EPA), Department of Justice, and other federal and state environmental agencies.

We have the experience and resources to handle significant environmental disputes in an efficient and cost-effective manner. Our lawyers have litigated cases of first impression, including some of the largest and most complex environmental litigation in the United States. We also assist clients with the day-to-day regulatory and third-party disputes that arise out of business operations. Using our extensive knowledge of environmental statutory and regulatory schemes, we work closely with our clients to develop and execute the appropriate litigation strategy to achieve the best possible result for our clients. Further, we regularly engage in settlement negotiations and alternative dispute resolution on behalf of clients wishing to resolve conflicts outside the courtroom.

Construction and Engineering

Many of K&L Gates’ Construction and Engineering lawyers have worked in the construction, engineering, architecture, and building materials industries or in the government agencies that interact with these industries. Additionally, the substantive knowledge of applicable laws, rules and regulations possessed by our Construction and Engineering lawyers, combined with our experience in the industry, enables the firm to deliver high-quality legal services in a personal, results-oriented and cost-efficient manner.

Our practice extends to all corners of the globe with our lawyers having current or completed projects in over 80 countries including the BRIC and several CEE countries. The scope of this work ranges from complex energy and infrastructure projects to libraries and monuments. With full-time, dedicated construction lawyers resident in most major American cities, K&L Gates has one of the largest and most geographically diverse construction law practices in the U.S. Our lawyers located throughout western and eastern Europe, Asia, and the Middle East round out one of the most diverse and technically skilled construction practices in the world.

Intellectual Property Litigation

Our Intellectual Property Litigation practice regularly handles high-stakes cases for some of the world’s largest companies as well as cutting-edge start-up businesses. We recently tried patent and trademark cases to juries in federal district courts in New York and Massachusetts, and a sizeable patent case in the International Trade Commission. Corporate Counsel magazine, an affiliate publication of The American Lawyer, recently recognized K&L Gates as a “go to” firm for America’s largest companies for IP matters.

K&L Gates’ deep bench of IP Litigation lawyers can handle matters involving any technology both within the U.S. and in numerous countries around the world. Our practice encompasses patent litigation, copyright litigation, trademark/trade dress litigation, trade secret litigation, emerging internet related privacy, fraud, and piracy matters. We have tried cases in multiple courts across the U.S., the International Trade Commission and in the United Kingdom. The majority of our IP Litigation lawyers focus their practice on patent litigation and have technical education or experience in disciplines such as electrical, software, mechanical and chemical engineering, chemistry, biology, pharmaceuticals, and physics.

White Collar Crime/Criminal Defense

K&L Gates has a large, geographically dispersed and experienced white collar crime/criminal defense team. Our lawyers include a former U.S. attorney general, a former state attorney general, and more than a dozen former assistant United States attorneys. K&L Gates is involved at all stages of criminal matters, from the first hint of potential wrongdoing to final appeals. Our lawyers have routinely handled a variety of high-visibility state and federal investigations, grand jury proceedings, parallel civil and criminal proceedings, and criminal trials on behalf of corporations and individuals. We have conducted complex internal investigations, represented clients in congressional investigations, provided compliance advice to corporations, and assisted clients in evaluating the results of these investigations and taking appropriate responsive steps. The touchstone of our effort is to be aggressively proactive in implementing strategies to prevent criminal charges from being filed or, failing that, to fight vigorously any charges that may be brought against our clients.

Appellate, Constitutional, and Governmental Litigation

The lawyers in K&L Gates’ Appellate, Constitutional, and Governmental Litigation practice group know the nuances of appellate and administrative law practice, having argued cases in the U.S. Supreme Court, all U.S. Courts of Appeals and in the appellate courts of most states across the U.S. We have represented clients in hearings before state and federal administrative agencies and in courts reviewing the actions of those agencies. This experience adds exceptional value for clients in high-stakes appeals. We litigate important appeals affecting business and public clients, ranging from overturning unfavorable and maintaining favorable trial results to cutting-edge constitutional and public policy issues. The depth and breadth of this K&L Gates practice has been twice recognized by the National Law Journal in its Appellate Hot List, a list of 20 firms with notable appellate practices.

e-Discovery Analysis and Technology

The K&L Gates e-Discovery Analysis & Technology (e-DAT) Group delivers creative, efficient, and cost-effective records management, e-discovery, and litigation readiness services to a broad range of clients across multiple industries. Our team, led by experienced trial lawyers, includes partners, staff lawyers, document review lawyers, litigation support managers, paralegals, clerks, and coders. We have been at the forefront of e-discovery and automated records management for over a decade, counseling clients nationally and internationally on these issues.

Our e-DAT group often pairs with our litigation teams in a wide range of litigation, investigation, and compliance matters. We regularly serve as special counsel for discovery-related issues for our clients involved in litigation, governmental, or regulatory matters. We learn the intricacies of our clients’ business as well as their electronic documents and data, applying that knowledge to each new matter while working closely with inside and outside counsel.

Representative Litigation ClientsAlcoa, Inc.

Allegheny Technologies Incorporated

Archer Daniels Midland Company

Crane Co.

Duke Energy Corporation

E.I. du Pont de Nemours and Company

FUJIFILM America, Inc.

The Goldman Sachs Group, Inc.

Halliburton Company

Honeywell International Inc.

Laing O’Rourke Plc

PPG Industries, Inc.

Wells Fargo

World Wrestling Entertainment, Inc.

K&L Gates has been twice recognized by the National Law Journal in its Appellate Hot List, a list of 20 firms with notable appellate practices.

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To learn more information about our Litigation practice, please contact one of our co-chairs listed below or visit www.klgates.com.

Anchorage Austin Beijing Berlin Boston Brussels Charlotte Chicago Dallas Dubai Fort Worth Frankfurt Harrisburg Hong Kong London

Los Angeles Miami Moscow Newark New York Orange County Palo Alto Paris Pittsburgh Portland Raleigh Research Triangle Park

San Diego San Francisco Seattle Shanghai Singapore Spokane/Coeur d’Alene Taipei Tokyo Warsaw Washington, D.C.

K&L Gates includes lawyers practicing out of 37 offices located in North America, Europe, Asia and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information, visit www.klgates.com. K&L Gates comprises multiple affiliated entities: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices throughout the United States, in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Office), in Brussels, in Dubai, U.A.E., in Shanghai (K&L Gates LLP Shanghai Representative Office), in Tokyo, and in Singapore; a limited liability partnership (also named K&L Gates LLP) incorporated in England and maintaining offices in London and Paris; a Taiwan general partnership (K&L Gates) maintaining an office in Taipei; a Hong Kong general partnership (K&L Gates, Solicitors) maintaining an office in Hong Kong; a Polish limited partnership (K&L Gates Jamka sp.k.) maintaining an office in Warsaw; and a Delaware limited liability company (K&L Gates Holdings, LLC) maintaining an office in Moscow. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners or members in each entity is available for inspection at any K&L Gates office.

This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

©2011 K&L Gates LLP. All Rights Reserved.

Hugh F. Bangasser, Seattle [email protected]+1.206.370.7607

Carolyn M. Branthoover, [email protected]+1.412.355.8902

Thomas E. Birsic, Pittsburgh [email protected]+1.412.355.6538

John D. Magnin, London [email protected]+44.20.7360.8168

John W. Rotunno, Chicago [email protected]+1.312.807.4213