Litigation Practice

At Brooks Kushman, our skilled and experienced litigators have won a reputation for achieving the best possible results at the lowest cost and in the shortest possible time. Our record of success makes us the firm to turn to when a client's business needs dictate that going to trial will be a strategic decision, and not a mere possibility.

In our litigation practice, we pursue a strategy that consistently delivers the outcome we seek. More specifically, we keep our focus squarely on the key elements that will achieve positive results, and build the case around those key elements. In so doing, we remain aggressive and thorough, while rejecting the costly and wasteful "no-stone-unturned" or "scorched earth" approach favored by many other firms.

Typically, we staff our cases with two experienced attorneys: a lead attorney and one primary support attorney. Additional attorneys are called upon only when needed to meet discovery demands or to provide specialized expertise. As a result, fees charged by opposing counsel typically exceed those of Brooks Kushman by a ratio of two- or three-to-one.

Additionally, we have in the past worked with clients on a shared risk basis and are always open to considering such an option.

Intellectual Property Litigation

We have handled cases for clients in a broad range of industries, and sought resolution of disputes involving all types of intellectual property, trade secret and related litigation matters. Representing both plaintiffs and defendants, we have tried patent infringement, trademark infringement, and trade secret misappropriation cases before juries and judges, in federal and state courts, administrative bodies such as the Patent and Trademark Office and the International Trade Commission, and in myriad foreign tribunals. We have also garnered significant experience in the appellate arena, having handled dozens of appeals before the U.S. Court of Appeals for the Federal Circuit and submitted amicus briefing in landmark cases before the U.S. Supreme Court and the Federal Circuit.

Because we are sensitive to the pressures our clients are under to hold down legal costs, we have built additional efficiencies into the entire process-from preparing an opinion about infringement, examining the merits of the case, and assessing the likelihood of success, to guiding the case through the complaint, discovery, settlement negotiation, summary judgment, and trial stages. We also believe it critical to work very closely with expert witnesses and guide their efforts, keeping a sharp focus on our client's overall objectives at all phases of the case

Commercial and Business Litigation

We have represented clients in numerous sophisticated commercial and business disputes. These representations have involved commercial issues that occur when, in the course of doing business, the interests of competitors, customers, suppliers, insurers and shareholders become misaligned. We have significant experience representing companies and individuals in breach of contract, fraud/misrepresentation, conversion, promissory estoppel, unfair competition, tortious interference and shareholder derivative actions. We take pride in efficiently representing each client with an assembled litigation team that presents the right complement of talent and skills to position our clients with a strategic advantage at trial. Further, when a client prefers to resolve litigation prior to trial, we develop creative solutions to resolve these disputes recognizing that a business resolution may be in the client’s best interest. We have represented clients in administrative proceedings, arbitrations, and state and federal trial and appellate courts throughout the United States and abroad.