Areas of expertise
Litigation
At some point, every businessperson will ask this question: “Can they sue me for …?” The answer is always, “Yes, they can.”
In our decades of practice, the litigation lawyers of Carlile Patchen & Murphy LLP have dealt with a vast array of disputes, whether in local or state courts and agencies, federal courts, bankruptcy courts, tax court, state and federal appellate courts, and the Ohio and United States Supreme Courts.
Our Litigation Practice Group attorneys are uniquely experienced in a wide range of areas:
- Bankruptcy and Creditors Rights
- Business Disputes
- Confidentiality and Non-Compete Agreements
- Divorce and Dissolution
- Employment Law
- Insurance
- Intellectual Property
- Municipal
- Probate or Estate Disputes
- Real Estate & Construction
- Securities – Broker-Dealer
Carlile Patchen & Murphy LLP trial lawyers are highly skilled courtroom attorneys who have the recognized expertise and experience to provide aggressive and thoughtful advice and representation. We make a determined effort to anticipate and avoid problems, rather than merely respond to them. However, when a negotiated outcome is not possible a court case is almost inevitable.
Our attorneys leverage their experience to further our clients’ interests in court and arbitration forums. We can prepare an effective case on your behalf for actions such as claims for breach of contract, misappropriation of trade secrets, tortious interference with contract, and unfair competition. Where necessary, we pursue and defend injunctive actions, including requests for temporary restraining orders and preliminary injunctions.
Insurance Litigation
Insurance exists in all that we do and everywhere we go. Without insurance, the risk would often be untenable, and all commerce would almost certainly cease. Any property owner knows they had to obtain insurance as a requirement of the lender to buy the property. Any business owner knows that it must have liability insurance to protect it from unexpected risks that could destroy its business. Most business transactions have certain insurance requirements contained within the contract, such as who must insure against the risk of loss or defend and indemnify for liability.
Insurance is simply a contract. And the protection afforded by the insurer is subject to the terms and conditions of that contract. But, unlike many contracts, insurance policies are governed by certain unique rules that are not always obvious.
Policies are not mere contracts drafted on a whim. They are complex documents that are created based on risk assessment and statistical analysis for premium rating. Insurers will analyze what is a covered loss and what its risk exposure is for such loss.
It is more important to review your business and personal insurance policies. We make sure our clients understand what risks “are” and “are not” covered. It is better to know now instead of 5 years down the road when it may be too late. Because of the uniqueness of the facts of many claims, coverage disputes will always exist.
+General Policy Analysis
Every coverage issue begins with the facts of the case. When a claim is presented, the facts will provide the basis for the analysis. The International Organization for Standardization (ISO) has formulated standard policies forms. Those forms are prepared from a statistical risk perspective, which indicates the type of claim the insurer expects to cover.
Carlile Patchen & Murphy LLP attorneys have extensive knowledge of the insurance industry. We can assess coverage for our clients from property and casualty, commercial general liability, and directors and officers. Our attorneys also can make sure your interests are protected by reviewing your coverage for errors and omissions. One of our attorneys is a Certified Specialist in insurance coverage through the Ohio State Bar Association (OSBA).
Owner Disputes
Disputed between owners can ruin more than a friendship; they can pose a major threat to your company’s success. Laying out a clear foundation from the beginning can aid in preventing owner disputes and minimize the impact of any disagreement that may arise.
Even if you take care to establish legal protections and set expectations for your company, disputes can develop that those protections cannot answer. Having a plan for dispute resolution can help address the conflict through predetermined channels, helping to minimize the damage and resolve the issue as quickly as possible. However, if the situation escalates, you may find yourself making tough decisions to protect both your individual interests as well as your company.
Business Disputes
Business disputes, if not resolved quickly, often pose a serious threat to your business. We recognize getting back to business is often the number one priority. Our attorneys help many businesses to resolve litigation successfully and quickly, but also provide our clients with the tools to avoid litigation in the first place.
Our experienced attorneys understand how to navigate the most complex business disputes and invest our time and resources in striving to maximize your recovery and win your case.
+Corporate bankruptcy
For businesses that are struggling with finances, bankruptcy can offer a business owner options to stay in business or to close. It is important to hire an experienced attorney who understands your needs because choosing the incorrect type of bankruptcy may negatively affect the business and personal finances or even subject you to litigation.
Learn how our bankruptcy attorneys can help your business through these challenging times.
+Discrimination and employment claims
You’ve made a personnel decision, now you must be prepared to defend it. Whether you’ve been sued as a company or as a management representative of a company, the employment law world has become a minefield for the unwary business owner, CEO, HR manager, or supervisor. Knowing the laws is half the battle – knowing how to defend a case in court is equally important. Your case may be in federal court or state court, a jury trial or a bench trial, a single-issue case, or a complex case on a protracted litigation calendar.
Our experienced attorneys will help you navigate litigation and discuss meaningful plans at each stage of the case, through any verdict, appeal, or settlement. At the same time, our skilled lawyers will discuss litigation options with you and help achieve your business objectives.
+Misuse of Proprietary Information
To gain a competitive edge in the marketplace, successful companies often develop proprietary business strategies, confidential customer information, or trade secrets.
Disputes related to the misuse of proprietary or confidential information and trade secrets have dramatically increased because of the growth of technology-based companies and competition in the marketplace. A company’s survival requires that they hire and retain talented workers and constantly grow their client base. When employees move to competing companies the existence and use of trade secrets and intellectual property are often at the heart of the disputes that arise.
Whether you are a business owner or a person entrusted with knowledge of a business’s operations, it is vital to have an experienced litigator that can evaluate whether a former worker has crossed that line and help you to develop the evidence you may need to establish or defend against such a claim, and persuasively present your case.
Learn how our Intellectual Property attorneys take proactive steps to protect your assets.
Alternative Dispute Resolution
Mediation and Arbitration are typically referred to as an Alternative Dispute Resolution (ADR) method.
Carlile Patchen & Murphy LLP attorneys regularly use Alternative Dispute Resolution (ADR) mechanisms and techniques. Our firm routinely represents clients before the American Arbitration Association (AAA) and other ADR forums. Our attorneys also participate in court-mandated settlement conferences and privately arranged mediations. Many of our lawyers serve as court-appointed or privately hired mediators and arbitrators. The Federal District Court has commended several of our lawyers for mediation service. We use the ADR process to help clients who find themselves in disputes they want to resolve in ways other than through traditional litigation.
How can we help you today?
Give us a call or send a message with any inquiries and legal questions.
614.228.6135
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