Litigation

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.