Benesch’s Litigation Practice Group actively pursues cost-effective outcomes in courtroom litigation and dispute resolution for clients that include multi-national and publicly held companies, private companies, profit and non-profit boards, municipalities and other government entities, lenders, insurers and individuals.
On a daily basis, our litigation attorneys are involved in virtually every type of business dispute including, hostile takeovers and mergers, contract disputes, fraud issues, construction and real estate disputes, securities litigation, officer and director liability issues and unfair competition matters.
Our Litigation Practice Group’s approach and the positive results that follow have earned the group national accolades for client service. In 2022, Benesch was named a “Recommended Firm” by Benchmark Litigation for the seventh consecutive year. In 2023, Benesch was recognized by Chambers USA in the Litigation: General Commercial Practice area. Additionally, the 2023 U.S. News & World Report/Best Law Firms ranked Benesch as a first-tier firm for Commercial Litigation in Cleveland. Further, individual members of the group have been named State and Local Litigation Stars by Benchmark Litigation and ranked by Chambers USA.
Unrivaled Field Experience
At Benesch, experience makes up only half of what we offer to our clients. We take advantage of our industry exposure to also give fully customized service. Our attorneys immerse themselves in their client’s business and take the time to understand their needs. Then, using the wealth of industry knowledge and legal skills, our attorneys develop a customized solution for each client. With that solution in mind, we engage our forces using a time-tested multi-disciplinary team approach for all of your legal services.
No matter what mix of legal expertise you need, our team will have the know-how to respond quickly and intelligently. Our attorneys have tackled a broad and varied range of client challenges including, but not limited to:
Accountant Liability
Benesch has significant experience in accountant liability, ranging from representing various national and regional accounting firms to defending federal, state and local governmental investigations. We have successfully defended the Big-Five accounting firms regarding alleged malpractice cases where an audit client’s employee embezzled large sums over a long period of time, in both business and financial institution settings. We also represent accountants in complex cases, including class action suits brought under the Securities and Exchange Act and the PSLRA.
Contract, Business and Commercial Disputes
Our litigation attorneys possess extensive experience in the widest possible range of contract, business and commercial disputes. We have litigated successfully matters involving virtually every area of business law within the context of numerous industries.
Director and Office Liability
When directors and officers are involved with companies under investigation or are personally named in litigation, our trial lawyers are in a position to offer substantial assistance. We have successfully defended officers and directors in many types of cases, including those involving allegations of fraud and breach of fiduciary duty.
Fraud Investigation, Prosecution and Defense
Our litigation attorneys are involved daily in handling various types of fraud claims and investigations. We have represented, with considerable success, clients under investigation by federal (e.g., the FBI, NASA, Department of Defense) and state authorities (e.g., State Highway Patrol) and companies accused of defrauding shareholders and/or the market. In addition, we have the substantial experience necessary to assist clients with internal corporate investigations.
Insurance Coverage
We have a wide range of experience in handling complex insurance coverage issues for many of our clients. We provide clients with coverage analysis and advice and have negotiated and litigated sophisticated insurance coverage claims under commercial general liability policies, directors and officers policies, property policies and fidelity bonds. In addition, we have handled cases that involved, among other things, insurance coverage for toxic products and “pollution,” workplace injuries, employee dishonesty, commercial property losses, and directors and officers liabilities.
Personal Injury and Wrongful Death Defense
Our litigators have defended clients in a range of industries against personal injury and wrongful death claims.
Product Liability Claims
Our product liability litigators have extensive experience in consultation and prevention, as well as defense of claims. This experience includes defense of toxic tort and medical device claims, and defense of claims involving industrial equipment and machinery and a panoply of consumer products. In addition, our attorneys help monitor and prevent product liability claims by serving on the product safety committees of our clients and monitoring nationwide product liability litigation to spot trends and reduce future claims. We have considerable experience in dealing with the Consumer Products Safety Commission and handling product recalls.
Real Estate Controversies
We have experience in a broad range of issues including landlord/tenant disputes, governmental condemnations, regulatory takings, land use regulation, restrictive covenants, partition of property environmental liability and clean-up, foreclosures, building code enforcement, eminent domain, tax and insurance issues, leasehold, all forms of title, ownership and use rights, easements, administrative hearings, real estate tax proceedings and condominium regulation.
Securities and Shareholder Information
Whether it is class action “strike” litigation or a dispute among shareholders, our litigation attorneys are intimately knowledgeable in this area. We have litigated and/or assisted in resolving everything from disputes between two shareholders in middle market companies to filing offensive litigation against a public company that is the subject of a hostile tender offer.
State and Criminal Discrimination Claims
Our clients have been successfully represented in significant state, federal and administrative discrimination claims throughout the United States. Our experience encompasses, among other things, claims under the Civil Rights Act, race discrimination class actions, sexual harassment and discrimination claims, age discrimination claims, and Americans with Disabilities Act claims. Our representation of clients in this area is often national in scope.
Unfair Competition
Our litigation group is involved in handling various types of unfair competition matters. Together with our Intellectual Property Practice Group, our litigation attorneys secure and enforce intellectual property protection, including patent, trademark, copyright and trade secret.
White Collar Criminal Defense
Whether engaged in regulatory compliance instruction, individual compliance with Grand Jury subpoenas, or defending an accused corporation under federal indictment, the team’s practice leaders have the insight, knowledge, and ability to protect and defend our clients whenever needed. The litigation group provides advice, policy review, defense strategy and necessary assistance during all critical stages of representation.
Your legal mediator, advisor and consultant
Benesch attorneys respond quickly and intelligently to the challenges of our clients, as well as identify effective solutions to meet those challenges. Acting as our client’s legal advisors and consultants, our commercial and business litigation attorneys immerse themselves in our clients’ businesses and industries. By getting to know our clients’ challenges and strengths, we can apply our wealth of industry knowledge and legal skills to provide a multidisciplinary team approach to meet their needs.
Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs' claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.
Defended manufacturing corporation in breach-of-contract action brought by former vendor claiming over $2 million in damages. Served as first chair for a multi-day arbitration and secured a full defense verdict.
Secured multiple favorable settlements of multi-million dollar product-liability lawsuits brought against a major vehicle manufacturer throughout the United States.
Successfully defended a major shipping company in a jury trial on a contract claim that sought to impose a multi-million dollar obligation for hauling services.*
Manages key elements of high-profile defamation litigation against major media outlets featuring claims for more than $2 billion in damages.
Led team that successfully defended a $60 million claim for breach of a brand-license agreement following a multi-week arbitration hearing.
Provided counsel in litigation throughout the United States aimed to recover misappropriated funds in the largest Ponzi scheme in history.*
Serves as primary litigation counsel for national commercial-property management firm involving a range of leasing and related disputes.
Served as lead appellate counsel in proceedings arising from a range of litigation.*
Participated in trial defense and jury trial for defendant accused of double homicide based primarily on surveillance and vehicle evidence; obtained full acquittal.*
Represented petitioner in habeas action resulting in vacated murder conviction on eve of hearing.*
Represented defendant charged with mortgage fraud; successfully negotiated misdemeanor resolution and sentence of probation.*
Acted as lead counsel on successful appeal of felony murder conviction, resulting in overturning of 56-year sentence.*
Represented defendant accused of participating in $5 million Ponzi scheme; handled pretrial motions, including conducting evidentiary hearing on motion to dismiss; acted as second chair at trial.*
Represented defendant facing false statement charges in public corruption probe; drafted sentencing memorandum and participated in all aspects of sentencing that led to a sentence of one year probation.*
Handled all aspects of extensive pretrial litigation in espionage case; acted as second chair at trial, and continued representation at sentencing and on appeal.*
Represented doctor initially charged with healthcare fraud and consecutive two-year mandatory minimum aggravated identity theft charge; identified legal deficiency in the indictment leading to dismissal of the identity theft charge and an ultimate sentence of one year and one day incarceration.*
Represented defendant in ten year mandatory minimum Controlled Substances Act prosecution; drafted motion to suppress evidence that led to dismissal of the indictment.*
Acted as second chair in bench trial for murder defendant; charges dismissed upon motion for a judgment of acquittal.*
Represented attorney accused of participating in mortgage fraud scheme; acted at second chair at trial where split verdict was obtained; achieved non-custodial sentence and acted as lead counsel on appeal.*
Obtained a fine-only sentence without term of probation for felony tax fraud defendant.*
Represented the longest recognized wrongfully incarcerated individual in Illinois history in § 1983 action; plaintiff was wrongfully accused of a 1984 rape and murder that occurred in Park Forest, Illinois.*
Participated in trial defense and helped obtain full acquittal after jury trial for defendant accused of first degree murder.*
Represented a North American not-for-profit professional boxing and mixed martial arts organization in connection with communication to Governor Andrew Cuomo, New York Attorney General Eric T. Schneiderman and other New York political leaders concerning safety risks presented by New York’s law banning combative sports.
Represented an international pharmaceutical company in connection with a commercialization, licensing, and supply transaction involving its pipeline of biosimilar drugs in development in the US and Europe.
Successfully represented a financial technology company in separate actions seeking copyright infringement damages and damages for breach of a licensing agreement in the Southern District of New York.
Represented a leading provider of cloud-based educational technologies to prevent plagiarism in copyright infringement litigation challenging digital plagiarism detection technology copying and storing student submissions. Secured fair use victories in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit.
Successfully negotiated and resolved claims asserted on behalf of professional sports teams and arenas in breaches of contract actions and intellectual property infringement actions in New York state and federal courts.
Successfully lifted a default judgment entered against an international fashion company in the United States District Court for the Western District of Pennsylvania and successfully resolved the underlying claims.
Defended multiple lawsuits under federal and state telemarketing laws.
Represented public and private companies in a variety of commercial contract litigation.
Defended pharmaceutical companies in defense of consumer class actions concerning product labeling.
In a 2023 case garnering national attention, obtained a $5 million judgment in a Northern District of California banking fraud case on behalf of a national cannabis retailer/distributor against Washington state-based payment processing company. Case involved issues of federal cannabis illegality as well as violations of FinCEN regulations and the Bank Secrecy Act.
Represented multiple cannabis companies in breach of contract actions and employment disputes.
Represented a product manufacturer in a multi-million dollar construction case and obtained dismissal of all counts in the complaint.
Represented a biofuel industry leader with respect to a false and defamatory article published by a major media organization and secured full retraction of the article within two weeks of publication.
Lead counsel in successful defense of putative consumer fraud class actions in Illinois and Missouri state and federal courts, alleging misleading labeling practices against leading food and snack clients.*
Trial counsel for logistics provider in multiple matters, successfully obtaining preliminary and permanent injunctive relief for misappropriation of trade secrets and violations of restrictive covenants.*
Lead counsel in 400M shareholder dispute in Delaware Chancery Court, representing one of the largest employers in Brazil in a bet-the-company dispute with minority shareholder.*
Trial and lead counsel for manufacturers of pelvic mesh in mass tort litigation.*
Counsel to manufacturers, distributors, and sellers of consumer products in connection with CPSC investigations and inquiries, including counsel regarding potential recalls.*
Counsel to automotive and component part manufacturer clients in connection with NHTSA investigations and inquiries, including counsel regarding potential recalls.*
Counsel for international supplier of firefighting vehicles and equipment in dispute involving allegedly defective vehicles and equipment.*
Trial counsel in $900 million suit against refrigerator component manufacturer client•Trial counsel in $800 million lawsuit by grain farmers against grain supplier client•Trial counsel in successful defense of Illinois Consumer Fraud Actlawsui.*
Represented Puerto Rico Electric Power Authority (PREPA) in connection with its bankruptcy, managing its litigation portfolio and conducting internal investigation into alleged malfeasance.*
Trial and lead counsel for injection molding machinery manufacturing client in various product liability and wrongful death suits.*
Counsel to leading automotive industry client in connection with due diligence on 100M+ (aggregate) acquisitions of target companies and product lines.*
Lead counsel in Illinois and Missouri asbestos litigation, routinely securing the early dismissal of claims or favorable resolutions.*
Lead counsel for hip replacement litigation in state and federal courts.*
Successful defense of multiple racial harassment and discrimination suits filed in Texas federal courts against chemicals manufacturer client.*
Represented an international entertainment and sports conglomerate against claims of breach of fiduciary duty brought by a professional athlete in an eight figure jury trial. After nearly a month of evidence, the jury deliberated only three hours before finding in favor of client on all counts.
Obtained summary judgment on behalf of defendant in Telephone Consumer Protection Act claim on grounds that the consumer did not use a reasonable method of attempting to revoke consent.
Defended a designer and manufacturer of surfing simulator water rides in bet-the-company patent and breach of contract litigations and related inter partes review proceedings and Federal Circuit appeals. These representations resulted in one patent being canceled, another being found invalid and a district court award of significant attorneys’ fees.*
Counsel for major off-road vehicles manufacturer in multiple products liability and personal injury actions in state and federal court across the United States.
Successfully defended a Fortune 500 media company in a jury trial on a $17 million claim for breach of a long-term supply contract.*
Secured a multimillion-dollar verdict following a jury trial in a dispute involving a series of complex software-license agreements.*
Successfully defended major consumer-product company in a securities class action aimed at derailing a $500 million going-private transaction.*
Successfully defended international construction cocompany in a series of contract disputes.*
Represented Feit Electric, a global leader in first-to-market lighting innovations against claims of patent infringement by Nichia. The technology relates to the manufacturing process for semiconductor chipsets, known as an LED (Light Emitting Diode) package, used in LED lighting applications.
Represented next generation health technology company in $50 million Series B round and $16 million Series A round.