Commercial Litigation
G&M’s Commercial Litigation Practice Group takes a business-focused approach to achieving superior client outcomes. Our litigators understand that successfully resolving disputes requires not only experience in and out of the courtroom, but also fully understanding our clients’ long-term strategic objectives, and the business issues underlying disputes. Because of this, G&M’s litigators never simply “go through the motions” in court — literally or figuratively. Instead, our focus from the outset is developing a comprehensive strategy to efficiently achieve favorable business outcomes, and then aggressively moving to implement it.
Litigation
Arbitration & Mediation
Appeals
Who We Represent
Where We Work
G&M Advantages
Litigation
Overview
Negotiated Resolutions
Litigation
Types of Matters
Practice Leaders
Naturally, every party wants to win in litigation, and winning is something G&M’s seasoned litigators are accustomed to doing. Crucially, however, G&M’s litigators have the business acumen to truly understand what victory means – for example a “win” in court is just the opposite if the costs of “winning” outweigh the benefits. At the outset of each case, we thus work closely with our clients to identify the optimal business and financial outcome, taking into account the merits and the expected costs and benefits. We then identify the most efficient strategy for achieving that objective, and aggressively carry it out.
We manage matters from the time of the complaint to the resolution of the matter. However, our lawyers also have been retained as co-counsel or substitute counsel well into a matter where a client has come to realize that additional or different representation is needed. We also have substantial expertise handling matters on appeal and serving as counsel for appellate issues from the outset of a matter.
Many times optimal resolutions are best achieved consensually – often via early settlement before fees and costs have mounted. G&M’s litigators are adept at quickly and efficiently building leverage and, where appropriate, constructively using that leverage to consensually achieve client objectives. Our mere presence in efforts to resolve a dispute can favorably shape negotiations, and we thus encourage our clients to involve us early.
We also have the experience to recognize, however, when a proposed outcome is not optimal or sufficiently comprehensive. If a better outcome (and/or enhanced leverage) can be achieved through litigation or arbitration, our litigators aggressively push forward.
When litigation presents the best option for achieving our clients’ objectives, we move quickly and aggressively, implementing a customized and pre-defined legal strategy. Moving aggressively and quickly tends to minimize cost and risk, and maximizes the effectiveness of every dollar spent. In the course of litigation, however, our litigators never lose sight of our clients’ defined business objectives. We continue to consider alternative options for most efficiently resolving the dispute, particularly as leverage increases. While our litigators love to win in court, they are happiest with quick and successful outcomes, as these tend to engender happy repeat clients.
Our civil litigation experience is broad and encompasses most types of sophisticated litigation. We have handled cases involving antitrust, adversary proceedings and other bankruptcy litigation, business disputes and torts, trust and estate-related litigation, civil rights, class actions, construction, contract disputes, copyright and trademark infringement, defamation, employment, environmental, equitable actions, fraud, insurance, mass torts, mergers and acquisitions, partnership disputes, product liability, real estate and leasing disputes, securities, trade secrets, and other complex commercial litigation.
Arbitration & Mediation
Arbitration
Mediation
Practice Leaders
With the cost of litigating cases through the traditional court system becoming increasingly expensive and uncertain, parties have turned to arbitration and other forms of “alternative dispute resolution” as a way to reduce costs and to expedite and promote consensual outcomes. G&M attorneys are well-versed in handling arbitrations and bring the same level of skill and advocacy to these matters as they do to matters in trial and appellate courts. G&M also offers the same flexible fee structures for arbitrations as we do for other legal matters.
Not only do G&M’s litigation attorneys regularly represent clients in mediation proceedings, G&M’s professionals frequently act as mediators in cases where G&M is not counsel. One of G&M’s Senior Advisors, Erwin I. Katz, a retired United States Bankruptcy Court Judge, has mediated over 400 disputes in his distinguished career. Judge Katz has lectured on mediation skills at the Federal Judicial Center, the Dispute Resolution Institute at DePaul University College of Law, and various bar associations and trade groups. Additionally, Maria Sawczuk, the head of G&M’s Wilmington, Delaware office, is an experienced and certified mediator for courts in the state of Delaware and United States Bankruptcy Court for the District of Delaware. If you are seeking a mediator for your dispute, or seeking representation in a mediation proceeding, please contact any member of our litigation team.
Appeals
Overview
Practice Leaders
We handle appeals in state and federal courts across the nation. Clients often ask our attorneys to work with their trial counsel on an appeal or to serve as the appellate attorneys as the trial team prepares for trial. In the latter case, we work closely with the trial team to develop the team’s case strategy, draft motions (evidentiary and dispositive), and develop jury instructions and verdict forms that are advantageous to our clients and protect their rights. We provide onsite support at the trial as new developments occur that impact critical issues and may require quick briefing.
In other instances, clients engage us when there has been an unfavorable result at trial and want us to provide advice and new representation at the post-trial briefing stage. Finally, clients have engaged us when they require a second opinion on pending or potential litigation.
Who We Represent
G&M’s litigation clients run the gamut from international banks and multi-national corporations to family businesses and individuals – basically anyone who finds themselves in a complex commercial dispute, needs counsel for a critical appeal, or needs assistance with an investigation matter. The breadth of G&M’s client base is a testament to the reason G&M was formed – to (a) reduce costs and enhance fee flexibility for large clients (while providing uninterrupted top-tier service) and (b) bring top tier representation to true middle market and small business clients.
Where We Work
Our litigation partners represent clients in litigation all over the country. Although G&M is a boutique law firm, its professionals are routinely asked to handle complex and critical matters in remote jurisdictions, and its practice is truly national in scope (and in fact sometimes transnational). The interactive map on G&M’s home page gives a sense of the broad geographic scope of G&M’s practice generally. G&M’s litigation practice is no exception.
G&M Advantages
G&M’s litigation partners are all have been involved in extremely high stakes matters at some of the largest and most prestigious firms in the country – from “bet the company” litigation on a huge scale to key investigations and must-win appeals. At G&M, our partners now bring that level of experience and quality, but at far more reasonable cost – allowing G&M’s litigation team to provide high level counsel to true middle market businesses and individuals. Moreover, unlike many firms, G&M is open to considering (and actually implementing where appropriate) alternative fee arrangements and hybrid fee structures to align incentives and minimize risk and uncertainty for G&M’s clients. Learn more about possible fee structures for your matter on G&M’s home page.