Business Litigation Generally
BurgherGray litigation attorneys have a strong commitment to client advocacy that is informed by our clients’ business objectives. Our attorneys represent plaintiffs, defendants, and third parties in various business and commercial disputes (including civil litigation matters). Our attorneys are regularly called upon to handle some of the most difficult and challenging litigation and appellate issues for a range of clients, including closely held and publicly traded companies, individuals, not-for-profit corporations, trade associations, labor unions and governmental bodies, and in various tribunals, including federal and state courts, administrative agencies, self-regulatory organizations, and alternative dispute tribunals. Our litigation attorneys often work closely with and draw upon the experience of our diverse team of transactional lawyers in order to improve efficiency and otherwise add value and insight, including with respect to settlement negotiations and litigation planning. Having handled some of the most complex litigation matters, including as litigation counsel at large corporate law firms, BurgherGray attorneys possess a wealth of litigation, investigatory, and appellate experience that regularly result in positive outcomes for clients.
- Represented a financial services company in response to a third party subpoena issued by a bankruptcy Examiner in one of the most highly publicized bankruptcies of the last decade. Our attorneys coordinated the rapid production of millions of documents, provided strategic litigation advice, and defended key client employees in depositions.
- Successfully defended an individual employee of a large utilities conglomerate against allegations of commercial bribery. Our team was able to negotiate with the prosecution in order to achieve a result whereby the client’s record was cleared of all charges.
- Conducted an internal investigation for a national retailer regarding the actions of certain employees in relation to a government funded subsidy program. Our attorneys assembled a rapid response team and lead the investigation. In addition, our attorneys coordinated the outreach to government agencies and counseled the client on remedial measures. As a result, the client was not subjected to any government fines or penalties.
- Successfully defended a direct marketing client in an action brought by the Social Security Administration, which sought penalties and injunctive relief for deceptive advertising. In an astounding victory, our attorneys had the agency’s administrative action dismissed by an appeals panel, which completely adopted the defense’s arguments in the appeal brief, and rebuked the SSA’s own lawyers’ interpretation of the federal regulations.
- Conducted an internal investigation for a manufacturer of secure identification cards that had been the victim of a computer hack launched from South East Asia. Our attorneys lead the investigation into the source of the attack, the cause of the security vulnerability, and counseled the client on remedial measures. In addition, our attorneys coordinated the notification of consumers, government agencies, and credit card companies. As a result, the client did not suffer any subsequent intrusions, and was not subjected to any fines, penalties, or law suits.
- Successfully defended a national retailer in a class action brought under California’s Song-Beverly Act, a California privacy statute, which prohibits retailers from requesting personal information from consumers who purchase goods with a credit card. In a stunning decision, our attorneys had a previously signed settlement agreement rescinded, plaintiff’s counsel removed from the case, the lead plaintiff disqualified as a class representative, and a judgment on the pleadings granted in favor of the defendant. The decision saved the client in excess of $20 million, based upon the aggregate cost of the settlement that was rescinded.
- Represented a large national retailer in an internal investigation related to the actions of employees regarding local relationships with sports teams, and potentially unethical behavior and disallowed benefits.
- Successfully defended a large multi-national insurance company in an action brought by the Arkansas Attorney General’s Office, which sought penalties and injunctive relief for deceptive advertising.
- Successfully defended a direct marketing client in an action brought by the Pennsylvania Attorney General’s office, which sought a preliminary injunction for deceptive advertising. Our attorneys served as national counsel for the client in investigations and actions brought by various state attorneys general and federal agencies, which involved 12 states and 3 federal agencies.