Litigation & Dispute Resolution
Lawyers in our Litigation and Dispute Resolution Practice work with our clients to prevent and resolve disputes by providing them with practical legal advice that focuses on the clients’ strategic and commercial objectives. We understand the importance of having the right lawyer to handle litigation, or disputes that could result in litigation. Our aim is to provide our clients with the expertise and strength necessary to achieve the best outcome when dealing with controversies.
Our team has represented clients in multi-million-dollar commercial disputes, partnership and corporate entity disputes, land use and many other disputes from inception to trial. We have extensive trial court and appellate court experience and manage and supervise a team of litigation associates and paralegals. Our approach is sophisticated, attentive, and innovative.
Our litigation lawyers have extensive practice experience, including the full spectrum of dispute resolution and litigation mechanisms ranging from negotiation, mediation, arbitration, conciliation and conflict resolution to vigorous courtroom strategy, multi-party and class action lawsuits and appellate proceedings. YK litigators have deep experience in international and domestic arbitration before a variety of arbitration panels worldwide. Lawyers on our team include plaintiff and defense lawyers, as well as former prosecutors. Our litigators are admitted to various Federal and Superior Court jurisdictions, ranging from District and trial courts, to Appellate and Supreme Courts. Our lawyers regularly handle complex litigation matters, including those involving commercial, international, securities, creditors’ rights, product liability, white collar crime, administrative law proceedings and other disputes or controversies.
Our team is also proficient at employing the latest litigation technology, and we guide our clients through every aspect of the litigation process if and when it is necessary to take cases to trial.
Business and Commercial Disputes
Commercial disputes arise in a variety of commercial relationships and situations including those involving the formation of corporations and partnership, purchase and sale of goods and equipment, lending and financing, equipment leasing, joint venture, investment, service, business tort, and other agreements, and cross-border transactions. Our lawyers frequently help clients to resolve these disputes and work with them to manage the business risks arising therefrom.
Intellectual Property Disputes
Our litigators work closely with our intellectual property lawyers to advise clients in intellectual property litigation and enforcement matters, including intellectual property infringement and enforcement, declaratory judgments of non-infringement, trade secret theft, fair use, and Digital Millennium Copyright Act, in a wide variety of US State and Federal Courts, the International Trade Commission (USITC) and other jurisdictions worldwide. Our lawyers also handle employment noncompete/trade secret issues under State and Federal laws, under the Uniform Trade Secrets Act or Defend Trade Secrets Act.
Business Bankruptcy and Creditor Dispute
Our lawyers are experienced at assisting businesses with navigating the rules and regulations when they make the difficult decision to seek bankruptcy protection or represent creditors seeking recourse against debtors. Lawyers in our Litigation & Dispute Resolution Practice work closely with clients in liquidating or winding up of their businesses on an orderly basis and handling any claims arising therefrom, including claims of bad faith or fraudulent transfers. We have represented clients before the Federal Bankruptcy Court and also handle cases where a third-party receiver is appointed by the court outside of bankruptcy.
Securities Litigation and Shareholder Dispute
Our lawyers have experience in handling corporate and shareholder disputes under the laws of Delaware, New York, California, and other jurisdictions. Our team handles matters such as corporate governance liability, breach of duty, the business judgment rule, breach of loyalty, corporate opportunity, controlling shareholder, entity deadlock matters, and statutory valuation matters. Our lawyers advise clients on various securities regulations, including the Securities Act of 1933, 34, the JOBS Act, Rule 10b-5 and applicable state blue sky laws. Our team also frequently litigate derivative matters where shareholders bring suit on behalf of the company.
Tort Litigation and Product Liability
Our litigators handle cases involving tort liabilities such as tobacco, asbestos, and other mass tort liability matters. Our lawyers also defend product liability claims under negligence, strict products liability, strict liability, intentional torts, and implied warranty claims, including cases involving pharmaceuticals, medical devices, consumer products, chemicals, food products, and other toxic compounds, plastics, fabrics, mold and materials. We also advise clients on commercial casualty defense cases, premise tort liability matters, and other limited duty matters.
Labor and Employment Dispute
Cases in this area involve employment discrimination matters, including race, gender, age, religion, sexual orientation, disability, medical condition, family responsibility, pregnancy, marital status, political activity, and veteran status, before EEOC, or state employment regulatory agencies, in class action and whistleblower matters, in appeals, post-trial briefings and litigation management. Our lawyers actively counsel, advise and defend clients regarding the Equal Pay Act (“EPA”), in federal, state, and local wage, hour, and pay practices claims. We represent employers, insurers, and plan administrators in ERISA- and non-ERISA-covered plans, insured and self-funded benefit plans, and insurance policy claims. We also advise clients on claims under the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Family Medical Leave Act (FMLA); as well as appeals of citations issued under safety and health regulations, including citations issued by the federal Occupational Safety and Health Administration (OSHA) and state agencies administering state safety and health programs.
Real Estate and Construction Dispute
Our lawyers handle litigations and disputes involving real estate transactions, land use planning and zoning claims, landlord-tenant matters, chain of title and marketable title issues, mortgage loans, foreclosure proceedings, loan workouts, and community association issues. We also handle construction project disputes including late delivery and late completion of work penalties, project bid disputes, and construction defects. Our lawyers are experience with handling and advising client on matters and issues arising from complex construction projects and disputes arising therefrom.