Litigation

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Overview

With more than 180 attorneys actively engaged in all aspects of business, commercial, financial services and product liability litigation, Dykema has one of the most experienced, sophisticated and successful litigation and trial practices in the nation. Clients quoted in Chambers USA 2018-19 note that Dykema's litigators are "strategic thinkers who work to find a unique solution" and "incredibly knowledgeable, think outside the box, are responsive, and are easy to work with." Our litigators are experienced in representing a diverse client base in nearly every substantive area of the law, through trial and appeal. In addition to our practice in state and federal courts throughout the country, we represent clients in administrative proceedings, arbitration tribunals and other alternative dispute resolution forums.

At Dykema, our litigators are dedicated to the aggressive and efficient prosecution and defense of our clients' disputes. We believe in comprehensive yet cost-effective discovery and case preparation with active client involvement at all stages. Through our sophisticated computer network, every litigator—regardless of location—draws upon the resources of the entire firm to address clients' legal concerns. Our computer systems include innovative case management software, our proprietary expert witness database, a robust and cost-sensitive discovery management solution, and an extensive work product retrieval system which enables us to provide our services as efficiently as possible. Our outstanding appellate practice not only defends the victories obtained by our own trial lawyers, but is also called upon by many clients for the first time when matters reach the critical appellate stage.

Dykema litigators have successfully handled virtually every type of civil dispute, including those involving complex, high-dollar commercial and contract matters, putative class actions, real estate, partnership, trade secrets, noncompete agreements, financial services and insurance, antitrust, dealer and franchise matters, licenses, trademark and intellectual property, product liability, premises liability, and complex tort claims. Dykema litigators represent entities such as financial institutions, manufacturers, distributors, dealers, retailers, insurance companies and others in a wide variety of commercial matters. We also represent physicians, hospitals and other health care entities in professional liability matters. Among many other representations, Dykema is the nationally recognized litigation counsel for Fortune-ranked pharmaceutical and medical device manufacturing companies, in addition to serving as national science and expert development counsel for a major global pharmaceutical company. We also serve as national or regional class action counsel for many of the largest financial institutions in the country.

We are proud that Dykema’s litigation practice has received nationwide recognition in 2020 U.S. News - Best Lawyers® “Best Law Firms,” Chambers USA 2019 and Legal 500 US 2019. The Firm also recently ranked as a "Litigation Powerhouse" in the BTI Litigation Outlook 2020 report, based on direct client feedback from in-depth interviews with corporate counsel at the world’s largest companies.

Alternative Dispute Resolution

In today's fast-moving and litigious world, disputes are a fact of business life. Presenting them to state or federal courts is often expensive, time consuming and carries no guarantee regarding outcome. At Dykema, our litigators are always working with clients to increase efficiencies and reduce the cost of legal services. Read more.

Antitrust and Trade Regulation

Dykema’s antitrust and trade regulation team is broadly experienced in the full spectrum of antitrust and trade regulation issues involving structuring transactions, business relationships, sales practices, and internal processes to avoid antitrust and trade regulation problems. We have represented clients in a wide range of arenas, including regulatory, arbitration, and investigatory proceedings, as well as in state and federal courts throughout the United States. Read more.

Appellate

Dykema has earned the reputation of an appellate powerhouse. We built that reputation through 70 years of serving clients in complex “bet the company” litigation, making new law, and gaining the respect of courts across the country. That reputation extends not only to our lawyers with appellate experience who are based in California, Illinois, Michigan, Minnesota, Texas, and Washington, D.C., but also well beyond the jurisdictions where we have offices. Our attorneys have handled appeals in all 13 federal courts of appeals, most state appellate courts, and the Supreme Court of the United States. We have a winning track record of consistently obtaining reversals of adverse decisions and preserving trial court victories for our clients. Read more.

Asbestos and Toxic Tort

At Dykema, we not only have some of the most successful trial lawyers in the nation, but we also know the industries, outside issues, science, experts and courts involved in asbestos and toxic tort litigation. Read more.

Aviation and Aerospace

Our litigators have a strong track record in complex, high-stakes aviation cases in state and federal courts. Representative work includes product liability claims against manufacturers of engines, airframes and components; negligence suits against owners and operators; and commercial disputes involving aviation aircraft, airline, executive jet and cargo aircraft. Read more.

Bankruptcy and Insolvency Litigation

Since the result of a bankruptcy dispute dramatically impacts the future of the parties involved, our goal is to help clients resolve business disputes—in- and out-of-court—as quickly and cost-effectively as possible. Our bankruptcy litigators are experienced in the full spectrum of insolvency-related disputes, including representation of lenders foreclosing on all types of properties, avoidance and recovery preference lawsuits, fraudulent transfers and others. Read more.

Business and Commercial Litigation

With decades of experience in commercial litigation ranging from administrative actions to complex multistate matters, Dykema trial attorneys bring seasoned professionalism to the courtroom in business and commercial matters. Our strong commercial litigation team has litigated disputes pertaining to commercial and business issues, contracts, warranties and Uniform Commercial Code issues, securities, real estate and many other matters. Read more.

Class Action Defense

Dykema’s successful record of handling all phases of class action defense—including claims analysis, forum issues, dispositive motions, oppositions to class certification, and trial—makes Dykema a top choice among Fortune 500 clients, including industry leaders in the automotive, lending, insurance, health care, retail and manufacturing fields. Read more.

Construction Law

Since the construction industry functions in a landscape of complex regulatory, contractual and business operations issues, it is important to have a partner early on. The Dykema construction law team works with clients upfront to anticipate problems, reduce risk, and set the foundation for successful projects and strategic growth. Read more.

Discovery Management and E-Discovery

Building on decades of experience in large, discovery-intensive cases, Dykema’s lawyers, legal specialists and legal technologists understand and excel at the strategic and technical aspects of developing and executing a class-leading discovery effort. Read more.

Employment Litigation

When litigation with a current or former employee cannot be avoided, Dykema’s employment litigation practice tailors a defense that protects our clients’ legal interests while keeping their greater business interests in mind. Our labor and employment litigators have decades of experience representing a diverse group of businesses in fields ranging from banking and finance to transportation and education, from retailing and manufacturing to construction and engineering. Read more.

Energy Litigation and Appeals

Dykema’s energy litigation attorneys are experienced in handling all types of industry-related disputes, from administrative actions to complex multijurisdictional matters. We are mindful of our clients’ business aims and objectives, and explore cost-effective, out-of-court strategies such as alternative dispute resolution, mediation and arbitration where appropriate. Read more.

Financial Services Litigation – Commercial and Consumer

Dykema’s Financial Services Litigation – Commercial and Financial Services Litigation – Consumer teams are nationally known for their vigorous and efficient representation in financial services disputes. We represent many of the largest financial services companies throughout the United States, including banks, mortgage and auto finance companies, retailers, credit card issuers, and many others. Among our institutional clients are nine of the ten largest banks and seven of the ten largest mortgage servicers. We also represent large, mid-sized, regional and community banks, large CMBS (commercial mortgage backed securities) special servicers, C&I (commercial and industrial) debt investors, private equity investors and funds, REITs (real estate investment trusts), and REMIC (real estate mortgage investment conduit) trustees. Read more and read more.

Government Investigations and Corporate Compliance

Federal and state law enforcement and regulatory agencies are scrutinizing businesses and conducting a greater number of investigations than ever before. We focus on compliance counseling, corporate internal investigations and defense of government investigations to provide clients with outstanding representation in grand jury investigations, False Claims Act litigation, recoupment actions, government audits and other enforcement matters. Our team is highly experienced and knowledgeable in assisting clients in the development and implementation of effective compliance and enforcement programs to protect their businesses and employees. Read more.

Insurance Bad Faith Defense

Dykema's Insurance Bad Faith Defense team handles first party bad faith cases throughout the United States. Our attorneys have successfully tried numerous life, health, disability, property, and complex liability coverage claims on behalf of our clients. Read more.

Intellectual Property Litigation

Dykema has a team devoted to Intellectual Property (IP) and IP Litigation. Our practice brings together experienced IP and commercial trial lawyers in the defense or prosecution of litigation. Whether a client has innovations of its own that it needs to protect and enforce, or is defending against the claims of others, we aggressively, yet economically, advocate for our clients and with client needs constantly in mind. Read more.

Probate, Trust and Fiduciary Litigation

The Dykema Probate, Trust, and Fiduciary Litigation group is a dedicated and diverse group of nationally recognized attorneys with subject matter experience in all aspects of complex probate, trust, and fiduciary litigation. The team assists trustees, executors, guardians, fiduciaries and beneficiaries in resolving the full range of estate, trust and fiduciary issues. Read more.

Product Liability Litigation

Attorneys at Dykema have been in the forefront of the defense of claims pertaining to products of all types. The firm's representation has spanned the spectrum, representing manufacturers of household products, industrial and construction equipment, vehicle manufacturers, medical devices and drugs, and a wide variety of consumer as well as durable products. Our objective remains the same—to provide a vigorous defense to claims which are unfounded and to work towards a cost-effective disposition when appropriate. Read more.

Professional Liability Litigation

Dykema litigators have deep experience defending professionals—and their reputations and livelihoods—in liability cases. Read more.

Real Estate Litigation

Dykema’s Real Estate Litigation team employs a holistic approach to provide clients predictable and efficient dispute resolution legal services from pre-litigation through post-trial stages. Whether the dispute is between a landlord and tenant, lender and borrower, municipality and developer, owner and contractor, or between neighboring property owners, our litigators bring a depth of experience and understanding to resolving these disputes efficiently and with the client’s business in mind. Dykema’s Real Estate Litigation team’s experience includes landlord/tenant and lease enforcement matters; breach of contract; partnership, joint venture, and closely-held business disputes; property and easement disputes; condemnation; land use/zoning; nuisance claims; title priority disputes and contested foreclosures; real property taxes; and water rights, among other matters. Read more.

Tax Controversies and Litigation

Dykema attorneys regularly counsel clients on a variety of adversarial tax proceedings including audit controversies, administrative proceedings and litigation. Our lawyers are not only experienced in handling complicated tax matters, but also in litigating tax cases—a rare combination of experience in today's legal arena. Read more.

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