Business Litigation

Tri'- al
"A test of faith, patience or stamina through subjection to suffering or temptation"
-- Webster's Collegiate Dictionary, Eleventh Edition

A good trial lawyer has the skill and courtroom experience to successfully take a case through trial. A better trial lawyer has the imagination and creativity to achieve the client's goal without putting them through the emotional and financial cost of trial. A great trial lawyer combines the talents of both, together with the wisdom to know which approach to use when.

Representation of Business Clients

• Business Torts: These include commercial defamation, trade dress infringement, interference with contractual or economic relations, breach of fiduciary duty, fraud and misrepresentation, unfair and deceptive trade practices and other conduct or claims that affect the success of a business.
• Class Actions: Having successfully prosecuted and defended class actions involving a variety of subjects, including securities fraud, commercial and tax issues, and minority shareholder rights, our lawyers can guide clients through the complex procedural maze and represent them in the substantive aspects of a class action lawsuit.
• Contracts: Business relationships are grounded on contracts. We can help when a client does not see eye to eye with another party to the contract, whether the dispute is because of a service contract with a primary vendor, an output contract with a key supplier, a sales contract with an important customer, or any other kind of written or oral agreement.
• Professional Malpractice: Accountants, architects, engineers, doctors and lawyers all face the risk of malpractice claims that can jeopardize business, reputation and finances. We fully understand all that is involved--legally, practically and emotionally--in these types of actions.
• Securities: We represent companies and individuals in all types of claims involving securities and investments, claims arising under federal law--for example, Rule 10b-5, the 1933 Act, the 1934 Act--or state securities laws.
• Shareholder and Corporate Governance: Our lawyers have experience that is hard to match in this area of the law. Our expertise spans shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claims, and valuation of closely held corporations.
• Telecommunications: We handle all facets of telecommunications law and represent leading companies in this field on a variety of technical and industry-specific issues, including issues arising out of the Telecommunications Act of 1996. When a client is faced with an adversary proceeding before a court, a state utilities commission or a federal agency, we step in to advocate its rights.
• Media: Womble Carlyle recognizes that, in today's world, litigation cannot be insulated from the media. Increasingly, "no comment" is not an acceptable response to media inquiries about litigation. Indeed, the media play an increasingly significant role in shaping the course of litigation, from its impact on the potential jury pool to the corporate image itself. Our lawyers can have a significant role in affecting the client's public image during a newsworthy event or during litigation. We have worked closely with countless clients to ensure that they retain a positive public image during times of crisis and during litigation. We have prepared company personnel to communicate complex litigation points accurately and effectively in the media.