Sedgwick, Detert, Moran & Arnold LLP

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Business Litigation

Sedgwick represents Fortune 500 and regional clients in disputes involving unfair competition, breach of contract, trade secret, licensing, directors' and officers' liability, franchise and distributorship, RICO, secured transactions and equipment leasing, in federal and state civil and bankruptcy courts, at arbitration, and in administrative proceedings.

Our attorneys have tried dozens of complex commercial cases to verdict and have represented clients in numerous appeals, often representing litigants who sustained unfavorable trial court results before turning to Sedgwick.

In addition to their trial expertise, Sedgwick’s business litigators are adept at handling requests for TROs, preliminary injunctions, and regulatory matters. Sedgwick regularly provides our clients mediation and other alternative dispute resolution services as well, as appropriate to each situation.

Sedgwick’s business litigation practice is part of the firm’s Commercial Practices Group, an interdisciplinary team that also encompasses members of the firm’s antitrust, bankruptcy, corporate, and real estate practices. Our business litigators are able to call upon the collective expertise developed within the Commercial Practices Group to provide clients multifaceted representation.

Software and Technology Disputes

Our business litigators, in coordination with members of the firm’s intellectual property practice, regularly represent clients in disputes involving software litigation, licensing, trade secret, trademark, copyright, and patent litigation. Sedgwick attorneys have prosecuted and defended intellectual property actions for clients in the pharmaceutical, software, media, food services, household products, construction, transportation, manufacturing and insurance industries, among others.

Unfair Trade Practices/California Business and Professions Code §17200

We regularly represent national and regional clients in unfair trade practices disputes, including unfair competition (Cal. Bus. & Prof. Code §17200) and RICO claims.

Financial Institutions

Sedgwick regularly represents regional and national financial institutions in litigation involving the purchase, development and construction financing for real property. We also handle disputes arising from equipment leasing and personal lending transactions.

Real Estate Litigation

We routinely handle real property cases arising from ownership disputes, easements, foreclosures and related lender liability claims, purchase and sale agreements, leasehold interests, condemnation, disability access issues, and interference, unfair competition and other related business tort claims. We have represented clients before administrative bodies, including planning commissions, the Board of Permit Appeals, and the Access Appeals Board. Our real estate litigators are also able to call upon the expertise developed by attorneys in the firm’s construction practice, who represent contractors and developers in construction defect claims and related construction matters.

Franchise & Distributorship

Our attorneys handle disputes arising in the franchise and distributorship arenas under common law and numerous statutes, such as the California Franchise Act, Seller Assisted Marketing Plan Act, Independent Wholesale Sales Representatives Contractual Relations Act, and Petroleum Marketing Practices Act, for clients in the software, pharmaceutical, manufacturing, food services, petroleum, real estate, construction, entertainment and insurance industries.

General Commercial

Our attorneys are experienced in the full range of general commercial matters involving breach of contract actions, business tort claims and Uniform Commercial Code issues in state and federal courts.

Commercial Practices
Sedgwick’s collective commercial practices provide legal expertise in the major disciplines of business practice, including antitrust and trade practices, bankruptcy and creditors’ rights, business litigation, corporate, real estate and finance.

The firm employs a unique multi-disciplinary team approach to assisting clients by folding transactional and litigation specialists into a cohesive group. Our cross-specialty teams provide legal representation that takes the big picture of our client’s business into account. We tailor our approach to respond to each client’s unique needs so that we provide creative, complete solutions and efficient service.

Corporate
Sedgwick’s corporate attorneys have significant experience representing multinational and domestic companies, from startups to small and midsized entities to Fortune 500 corporations. The firm’s expertise spans a diverse range of industries, including insurance, financial services, chemicals, pharmaceutical, biotech and other life sciences, food and beverage, hospitality, media, entertainment and sports, fashion, consumer products, energy, industrial manufacturing, real estate, and technology. Our corporate attorneys counsel clients on all facets of their business law needs from formation, corporate governance, and daily operations to transactional matters, often acting as outside general counsel to many of our clients. In addition to representing operating companies, we regularly represent angel, venture capital, and other investors in various industries.

The Sedgwick Difference

Sedgwick’s unique approach to client service gives us a distinct advantage over both small firms that lack our breadth of capabilities and the larger firms whose business models appear to conflict with the economic realities confronting businesses today. We partner with in-house counsel and management, take an interdisciplinary approach to servicing client needs, and work seamlessly to integrate appropriate internal and external resources across practice areas and geographic regions to provide the most cost-effective solutions.

Trusted Business Advisors. Sedgwick takes a hands-on approach to each representation, developing close, long-term relationships with our clients. As trusted business advisors, we serve as an integral part of our clients’ in-house legal teams or, for small or midsized companies, as a full service outside general counsel. We deliver sophisticated, pragmatic advice regardless of the complexity of the legal or business issues involved.

Interdisciplinary Approach. In order to meet the multifaceted needs of our clients, we take an interdisciplinary approach to building the appropriate team for each client or matter. In addition to our corporate experience, our clients rely on our knowledge in related practice areas, including antitrust, bankruptcy and restructuring, employee benefits, employment and labor, real estate, environmental, and intellectual property. Our trial lawyers stand ready to assist our corporate clients should the need arise.

The Right Resources. While Sedgwick’s attorneys have expertise in all of the core competencies expected from a full service firm, we recognize that in order to provide the highest quality service in a cost-effective manner it is sometimes beneficial for the client if we work collaboratively with outside professionals. We have, therefore, developed a network of trusted experts whom we can call upon to assist our clients allowing us to ensure that we have provided the best possible team for each engagement.

Cost-Effective. Sedgwick is respected for our ability to provide high quality, efficient legal service solutions to business challenges. Through our coordinated approach methodology and our effective utilization of resources, our clients know that we will appropriately staff our matters and not take on assignments that can be more efficiently managed either in-house or by other professionals.

Corporate Governance

Sedgwick attorneys regularly advise clients in all aspects of corporate governance, including board and board committee composition, process and independence and shareholder matters. We have extensive expertise working with clients on matters involving succession planning with respect to ownership and management transition. Our corporate practice draws on the expertise of our corporate, finance, employment and litigation attorneys to provide our clients with the information and analysis needed to respond to a rapidly changing environment.

Entity Formation and Startup Services

Our attorneys have extensive experience working on a variety of financing and capital formation transactions. We counsel entrepreneurs starting new ventures, advise on the formation of companies and equity structures, and negotiate with venture capital investors. We assist early stage clients with all of their initial legal needs, including employment arrangements, employee benefits matters, trademark and copyright matters, and shareholder agreements. We provide the full breadth of services and expertise to serve these clients as they grow and mature.

Financing and Ongoing Operations

Our corporate practice handles all of our clients’ needs with respect to debt and equity financing, lending, private investment and equipment leasing. Our experience includes venture capital and private equity investments, private placements, syndicated and single-bank credit lines, acquisition financings, structured finance, off-balance sheet financings, capital leases, and other debt vehicles. We have extensive experience drafting, reviewing, and negotiating all types of commercial contracts that are necessary for our clients’ ongoing business operations, whether in early and growth stage ventures or large multinational corporations. These include distribution, manufacturing and supply, floor planning, licensing, strategic partnership, employment and severance, franchising, and other vendor or supplier agreements. Our corporate attorneys, together with our bankruptcy and restructuring attorneys, are adept at assisting clients with issues related to workouts and restructurings, and providing advice with respect to vendor or supplier insolvency.

Mergers and Acquisitions

Our firm advises clients on all aspects of mergers and acquisitions and strategic transactions involving domestic and foreign business enterprises at all stages of development. We work with our clients to address their issues and concerns, from the early pre-planning of the transaction and letter of intent, through due diligence, negotiations, closing of the transaction and post-closing integration of operations. We have extensive experience counseling purchasers, sellers and financial advisors in a wide range of negotiated and contested transactions, including mergers, acquisitions, asset purchases, divestitures, spinoffs, joint ventures, exchange and tender offers, and Chapter 11 asset acquisitions and auctions. We also counsel clients on corporate governance, defensive measures and other stockholder relations issues, as well as regulatory, environmental, employment, intellectual property and other matters that arise in connection with such transactional matters.

Employment & Labor

Sedgwick’s employment and labor attorneys represent public, private, domestic and multinational employers throughout the United States and abroad in virtually every area of workplace law. We have defended management in federal, state, and local administrative actions, jury and non-jury trials, and arbitrations, as well as appellate proceedings. We defend class action and other multiclaimant proceedings as well as individual actions involving employment discrimination, harassment, retaliation, ERISA, wage and hour, and unfair business competition claims. We represent clients in whistleblower litigation matters involving common law claims, OSHA and Sarbanes Oxley and assist clients in protecting trade secrets and other confidential information. We represent management before the National Labor Relations Board, and counsel clients on labor relations matters. Sedgwick also offers employee benefits advice and transactional services as well as employment and labor law training and counseling.

Discrimination, Harassment, Retaliation, Whistleblower and Other Workplace Law Matters

Sedgwick counsels management concerning employment discrimination, harassment, retaliation, whistleblower, wrongful discharge, and workplace tort claims. We advise employers regarding disability issues, family and medical leave, employee theft, drug testing, employee privacy, independent contractor issues, occupational safety and health, foreign-owned employer issues, employee discipline and discharge, and plant closings and mass layoffs. We represent management in federal and state courts and before administrative agencies and arbitrators in litigations, administrative proceedings, arbitrations and mediations concerning these matters, and defend employers against individual and class action claims.

Wage and Hour Compliance and Litigation

Sedgwick helps clients conduct wage and hour audits and works with management to devise a methodology for reclassifying employees in a way that minimizes disruption of operations and reduces the risk of litigation. We represent employers before the U.S. Department of Labor and state and local agencies. Our lawyers also have extensive courtroom experience successfully litigating overtime pay claims and other wage and hour disputes, including defending wage and hour class actions.

Labor Law and Labor Relations

Sedgwick helps employers defeat union organizing and rebut labor-sponsored corporate campaigns. We represent management before the National Labor Relations Board (NLRB), other government agencies, and federal and state courts in union representation, unfair labor practice, secondary boycott, union violence, unlawful strikes and picketing, and other labor cases. In unionized workplaces, we help employers to achieve success in collective bargaining; counsel management on union contract issues; guide employers in grievance matters; and represent management in labor arbitrations. We counsel employers on project labor agreements, prevailing wage laws, joint and single employer and alter ego issues, and Taft-Hartley employee benefits fund matters. We advise management concerning successorship, accretion, withdrawal liability, and other key labor and employment law issues that arise in mergers, acquisitions, sales, and other business transactions, as well as in bankruptcies. Sedgwick also alerts employers to new and potential labor legislation, including the proposed Employee Free Choice Act (EFCA).

Trade Secrets and Unfair Competition

Our attorneys advise clients on protecting valuable trade secrets and confidential information, including the review, negotiation and drafting of complex employment contracts and consulting arrangements with restrictive covenants. We represent clients in employment-related intellectual property disputes in court, if necessary, or by limiting exposure through preventive counseling and preparation of detailed licensing and assignment agreements. We also litigate employment agreement, restrictive covenant, employee duty of loyalty and partnership dispute matters in federal and state courts and before arbitrators.

Counseling, Policy Development and Affirmative Action Compliance

We work with clients to develop effective employee policies, procedures, handbooks, and forms that minimize workplace risks and protect management when disputes arise. We represent management before the U.S. Equal Employment Opportunity Commission (EEOC) and other federal and state agencies. We regularly advise clients concerning federal, state, and local government contracting obligations; help management develop affirmative action plans; and represent employers in compliance review audits and enforcement actions by the Office of Federal Contract Compliance Programs.

Employee Benefits Transactions, Counseling and Litigation

Our attorneys bring to the table a comprehensive understanding of employee benefits law and transactions with an emphasis on employee stock ownership plans and issues governed by the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Sedgwick guides clients through the complex process of designing, implementing and maintaining pension plans, profit sharing plans and other retirement benefit vehicles. We also counsel management concerning health and welfare plans and COBRA obligations. In addition, we advise employers on the effect business mergers, other transactions, and bankruptcies have on employee benefit plans. Sedgwick also counsels clients on ERISA duties and requirements, and ensures that decision making procedures are correctly documented.

Our attorneys have extensive experience in successfully representing clients in a wide variety of ERISA disputes. Our litigation experience includes ERISA class actions, and litigation by the U.S. Department of Labor, in addition to suits brought by individual participants and beneficiaries, dissenting fiduciaries, and labor organizations. We have also successfully defended management against multiemployer withdrawal liability claims.

Workplace Investigations

Sedgwick attorneys are experienced in conducting a full range of internal investigations and routinely assist employers in complying with all legal requirements necessary for effective hotline, discrimination, harassment, and whistleblower complaint investigations.

Training Programs

Sedgwick provides on-site, tailored training to managers, human resource professionals and counsel. Our dynamic attorneys provide effective, interactive training that ensures compliance with state and federal laws while achieving a practical level of prevention of employment and labor law violations.

Sedgwick, Detert, Moran & Arnold LLP
3 Gateway Center - 12th floor
Newark NJ 07102
Tel: 973 242-0002
Fax: 973 242-8099