Complex Commercial Litigation and Arbitration
Practice Highlights
Representing leading video game developer and esports tournament organizer in arbitrations brought by former employees bringing claims of discrimination, harassment, retaliation, and wrongful termination.
Complex Commercial Litigation and Arbitration
Our clients’ litigation needs are wide-ranging, and our attorneys are well-positioned to address them due to their many years of experience handling challenging and complex business litigation in state and federal courts as well as in arbitration. In addition to our deep class action and intellectual property litigation experience highlighted elsewhere, we also have handled litigation in the following areas:
• Breach of Contract Disputes
• Employment Litigation and Counseling
• Partnership and Founder Disputes
• Fraud Claims
• Mass Torts/Wildfire Litigation
• Products Liability
We take the same approach for these matters as we do with all our cases—we try to get our clients the “win” they want as quickly and efficiently as possible. We learn their business objectives and make them top of mind as we craft our litigation strategy. Sometimes, our strategy involves an immediate attack at the pleading stage, which can lead to outright dismissal or transfer of the matter to a more favorable forum. Other times, it involves taking targeted discovery as we prepare to secure victory on summary judgment. And, in certain instances, it means fighting all the way through to a verdict, post-trial motion, and appeal.
Even though our litigators have all been to trial, we also pride ourselves in crafting creative strategies to resolve matters in a way that meets our clients’ needs. Our extensive mediation experience serves us well in that department: we have handled over 175 mediations, and one of our attorneys is a certified mediator.
Experience
Representing retailer in breach of contract dispute with temp agency.
Representing media company in a breach of contract dispute with event organizer.
Representing California company in a breach of lease dispute in New York City.
Representing Defendant, a tech company, in an enforcement action brought by the Securities and Exchange Commission. The SEC alleges that a digital asset Defendant offered in an initial coin offering, or “ICO,” is a security rather than a currency and is therefore subject to the laws and regulations governing securities. The SEC asserts claims against Defendant for fraud and the unregistered issuance of securities, seeking millions of dollars in disgorgement and penalties. The case sits at the cutting edge of securities law and the regulation of cryptocurrency.
Represented partner in a partnership dispute for a tech-driven food delivery service. DTO successfully secured an amicable resolution without extensive litigation.
Represented Defendant, a contract manufacturer, in a breach of contract action filed in the District of Maine by one of its customers. The customer claimed Defendant failed to meet certain deadlines imposed by the parties’ agreement, thereby causing significant damages. Defendant counterclaimed for several millions, arguing customer accepted delivery of products associated with over 150 invoices but never paid for them. After a period of written discovery and document production, the matter settled as DTO was preparing to take key depositions.
Represented multiple Defendants in lawsuits alleging violations of California’s Prop 65. Litigated multiple partnership disputes in which certain partners have accused others of negligence and malfeasance.
Represented fitness company in a breach of contract arbitration filed by a consultant claiming he was not paid according to the terms of the contract. The matter settled during the arbitration hearing, after the cross-examination of the claimant.
Represented entertainment company in a lawsuit filed in New York state court alleging tortious interference with contract. Plaintiffs dismissed the matter after receiving preliminary correspondence from DTO.
Represented Defendant in a breach of contract filed in the Southern District of New York in a case involving real estate tax apportionment. Partially prevailed on a motion for summary judgment and then resolved the remaining issues shortly prior to trial.
Represented energy company in pre-litigation dispute and convinced the party threatening suit that there was no merit to its position.
Provided daily advice and counsel to prominent automaker, navigating client through complex compliance challenges impacting its operations throughout the United States.
Successfully represented a prominent law firm in an age-discrimination lawsuit brought by multiple former employees.
Conducted nationwide audit of Fortune 500 manufacturer’s employment policies and local practices at factories throughout the country.
Client Quotes
“It’s the most responsive firm we have ever worked with; their ability to anticipate our issues and concerns is unparalleled.”
“DTO are excellent, aggressive, responsive lawyers with top-notch training and experience.”
“I really like their writing. It is creative and straightforward. They get their point across quickly.”
