Litigation

A Regional Litigation Practice Powerhouse. JSLH’s litigation practice is consistently at the cutting edge of the leading commercial and corporate litigation battles dominating headlines.

JSLH clients are in diverse industries, including finance, insurance, media, high-tech, energy, industrial, consumer, retail and real estate. JSLH make appearances in courts throughout the region at both trial and appellate levels, as well as in arbitrations and mediations.

JSLH also have a leading practice representing companies and individuals in regulatory and criminal investigations. JSLH consistently handle some of the region’s leading commercial disputes covering diverse industries and subject matters.

In today’s legal and regulatory environment, litigation can threaten a company’s very existence. JSLH has extensive experience with such large-scale, “bet-the-company” matters, and we are widely recognized for our ability to handle our client’s most critical litigation issues. JSLH has handled numerous significant and precedent-setting cases in the courts. Our attorneys have argued before all important courts in the region.

JSLH can rapidly assemble a focused, integrated and efficient team to address all important aspects of a client’s problem and to handle numerous cases in multiple jurisdictions and forums. We are responsible for numerous court decisions that have shaped various areas of law. Our attorneys have experience in numerous industries, including banking, energy, financial services, insurance, health care, manufacturing, mortgage, pharmaceutical, real estate, retail, technology and telecommunications. We have handled some of the largest and most high-profile cases in recent years, earning a reputation as a go-to firm.

We have been lead defense counsel in a number of proceedings, developed experts and conducted expert discovery, mapped strategies to obtain important early victories on substantive motions in key jurisdictions, coordinated discovery in thousands of actions, and prepared for and conducted precedent-setting trials. JSLH also has served as appellate counsel in landmark cases in many courts and files amicus briefs in appeals that raise significant substantive law issues.

Our attorneys have been among the lead proponents of expanding the use and application of the “no injury” doctrine, which holds that a plaintiff fails to state a legally cognizable injury when he or she is merely seeking recovery for the alleged heightened risk of physical or economic injury. Also, we have implemented the “class-wide proof” concept in scores of class actions, persuading judges to deny certification because the plaintiffs could not properly try their claims on a class-wide basis. We have experience combating efforts to water down the “injury” and “causation” elements of many causes of action through the use of “presumed reliance” and “market fraud” arguments.

Our lawyers perform a range of services relating to appeals and accompanying legal issues, including:

  1. briefing and arguing appeals on the merits;
  2. preparing and opposing petitions for review in courts;
  3. providing advice and assistance in briefing significant legal issues at the trial court level;
  4. advising clients on issues during and after trial;
  5. handling appeals before various regulatory bodies; and
  6. preparing amicus curiae briefs.

In this era of “mega-litigations” and practice often involving nontraditional routes of process, our lawyers also engage in frequent motions practice in the courts and prepare petitions for, and oppositions to, writs of mandamus.
Our partners combines JSLH’s extensive region-wide experience and knowledge of business law and litigation — developed from decades of litigating and counseling clients on many of their most high-profile and novel, bet-the-company business law issues — with our attorneys’ experience. Ensuring that all aspects of a particular matter are thoroughly analyzed, our teams consist of both lawyers who are well-versed in particular areas of business law and industry-specific practice, and lawyers who analyze and present these issues within the context of tribunals’ broader legal perspectives.
JSLH teams use creative legal analysis and writing to present legal and jurisprudential solutions to business problems. Our lawyers study legal trends in courts, as well as the views of individual jurists, to advocate most effectively on behalf of our clients. We work with important private trade associations and governmental agencies to obtain amicus curiae support where appropriate. We also regularly interact with and monitor the work of leading academics to ensure that the most current scholarly developments are analyzed when presenting the public policy implications of novel legal issues.
Based on our work with appeals and complex business law issues, JSLH frequently is asked to represent clients in significant litigation at the post-trial or stages and is regularly involved in cases presenting important issues of first impression in courts.
Recent engagements include the development and implementation of comprehensive compliance management programs addressing the written policies, training and ongoing monitoring necessary to ensure corporate-wide compliance with laws, statutes, and consumer financial privacy and information security regulations, as well as a review of policies and practices relating to interactions with limited English proficiency consumers. We also have conducted independent assessments and provide ongoing advice regarding clients’ existing compliance and self-assessment programs. We regularly conduct regulatory and legal risk assessments for clients considering acquisitions or strategic alliances with other financial services companies.

JSLH advises clients in connection with the regulatory approval process, and we help management respond to findings. In litigation, JSLH litigators guard clients’ key products and brands both by defending against infringement allegations and enforcing intellectual property rights, including in obtaining verdicts against competitors. Our trial experience allows us to anticipate and strategically manage every phase of a case, often giving us an edge in terms of resolving our clients’ matters without entering the courtroom. When cases do advance to trial, our clients benefit from the experience of our nationally recognized litigators, who have had notable success in court, as well as the other forums in which IP disputes are adjudicated.

Companies call on us to resolve complex, high-profile IP cases at the trial and appellate levels. We handle disputes relating to trade secret, patents, copyright, trademark, licensing and advertising across a broad spectrum of industries, including aerospace, biotechnology, chemicals, communications, computer technology, consumer products, electronics, financial services, life sciences, media and entertainment, medical devices, pharmaceuticals, handicrafts, semiconductors and sports, among other areas. We also provide strategic pre-litigation advice in matters relating to trade secret misappropriation, infringement issues and patent portfolio strategy, confidentiality agreements, and other business disputes involving technology.
JSLH’s litigation team crafts business-driven solutions that result in meaningful wins for our clients, both inside and outside the courtroom. These strategies include utilizing our broad media and publicity network, leveraging our deep experience in the operation of public and private businesses to identify potential non-legal means of resolving disputes, and providing a multidisciplinary approach by incorporating advice from JSLH attorneys on issues outside of IP, including tax, antitrust, regulatory or corporate transaction capabilities, as needed. JSLH’s broad capabilities and multinational reach allow us to tailor results-oriented solutions that make business sense for our clients. Whether through a decisive trial victory, a sophisticated settlement decoupling two parties or a joint venture that resolves the instant dispute and allows for the parties to move forward in a mutually beneficial outcome, our focus on business-driven solutions places our clients in a superior strategic posture.
JSLH has extensive experience in litigating world-changing technologies on the public stage. With increasing employee mobility and the proliferation of available methods for viewing, sharing and storing data, the number of trade secret disputes is on the rise. Trade secret cases also can involve copyright disputes, claims to enforce or invalidate confidentiality agreements, covenants not to compete or other agreements. JSLH’s intellectual property attorneys combine their technical know-how and broad experience handling all aspects of these cases (from the initial investigation all the way through appeal) to assist clients in protecting their trade secrets and defending against misappropriation claims.

JSLH’s attorneys possess both leg experience and technical training critical to developing creative, forceful strategies for companies embroiled in patent disputes. Our attorneys also perform “deep-dive” intellectual property diligence for clients in pharmaceutical, medical device and diagnostics, and biotechnology industries in connection with matters relating to acquisitions, divestitures, financings and investments. Because of our strength in litigation, we are able to help identify both strength and potential stress points for various IP assets.

Our attorneys also evaluate patent transactions based on proprietary statistical research and historical patent disputes. We can complement traditional legal advice with a range of analytics capabilities, and we also provide data and insights for specific strategy development and market entry, such as industry/sector-specific exposure analyses.

JSLH’s attorneys handle truth-in-advertising and claim-substantiation disputes and counselling, primarily for nationally known businesses offering consumer products and services. In dealing with claim support issues, we often review copyright, trademark and right-of-privacy/publicity issues.

JSLH’s attorneys also have extensive experience handling disputes arising out of patent licenses, development agreements, non-disclosure agreements and other patent and technology-related agreements. Adjudicated in courts as well as in arbitrations, these disputes can be require a deep understanding of the technical subject matter underlying the dispute. JSLH’s attorneys are well equipped to assist its clients with these complex and often high stakes cases.

Thank you for trusting us and be our proud client.