Our Litigation Department represents business entities and individuals in disputes ranging from small conflicts to the most complex commercial litigation before state and federal trial and appellate courts, arbitrators and administrative tribunals. Our experienced attorneys aggressively try cases to judgment and then handle any appeals. We have litigated business disputes for clients ranging from Fortune 500 companies and large regional employers to small, closely-held businesses and individuals. Computerized research, case management software and other advanced office technology equip our trial lawyers to efficiently represent large and small clients.

We search for creative and effective solutions to legal disputes. The firm encourages consideration of alternative dispute resolution when appropriate as a means to reduce the cost and burden of lawsuits and to explore innovative and principled compromise.

We understand that the value of our representation is measured both by the results we obtain and the satisfaction of our clients. Accordingly, we are committed to a service-oriented approach to all matters entrusted to us. We strive to exceed our clients’ expectations for high quality and vigorous advocacy, regular communication and sensitivity to cost. When disputes go to court, we work closely with clients to implement litigation strategies that balance business objectives and the likelihood of success with budget constraints.

The practice areas within the Litigation Department are more fully described below:

Commercial/Business Disputes
Sebaly Shillito + Dyer represents clients with a full range of business and commercial disputes, including matters involving the Uniform Commercial Code; contracts with suppliers and customers; agreements between partners and shareholders; corporate control and governance; regulatory compliance; and business torts.

Employment Law
We advise clients concerning proper strategies for hiring, promotion, demotion, discipline, and termination decisions. We draft and review employee handbooks, personnel policies, hiring and evaluation documentation and employment agreements. We counsel clients about preventing claims for wrongful discharge, discrimination and other employment torts. We conduct internal investigations for clients when allegations of sexual harassment or employee misconduct arise. When litigation is filed, we represent clients in cases involving race, sex, age and handicap discrimination; sexual harassment; wrongful termination; workplace injuries; wage and hour disputes; employee benefits; unemployment compensation; breach of contract; defamation and other torts.

Products Liability
Our litigators counsel and defend manufacturers and distributors in products liability cases. We have also coordinated the activities of local counsel and insurance counsel for large clients with similar claims filed in multiple states. In addition to litigation, we work with clients and their safety coordinators, safety committees, and risk managers to prevent product liability claims.

Real Estate/Construction
We represent real estate companies, developers, builders, investors, and individuals in a wide range of real estate litigation matters, including boundary disputes, zoning and planning disputes, construction litigation, sales and chain of title disputes, landlord/tenant, and real estate financing matters.

Lender Representation
Our lawyers have represented a number of financial institutions in defense of suits based on claims of negligent, reckless, or fraudulent lending practices. We have also represented lenders in various collection and foreclosure matters. Two of our attorneys have extensive experience representing the Resolution Trust Company, the Federal Deposit Insurance Corporation, and other government agencies in a variety of claims against officers, directors and borrowers of various defunct financial institutions. Lender clients served by our lawyers have included Bank One, PNC, National City Bank, Huntington National Bank, Union Federal Savings Bank, Mid-America Federal Savings & Loan, First Federal Savings & Loan of Lima, State Fidelity, Federal Savings & Loan, Society National Bank (Keycorp), NBD Bank, Star Bank, Bank of America and Colonial Mortgage Corporation of D.C.

Trade Secret and Intellectual Property
We draft confidentiality agreements, licenses, covenants not to compete, and other contracts to minimize the opportunities for conflict between clients and their employees, vendors, and customers who need to use or obtain access to trade secrets, patents, copyrights, and other intellectual property rights. The firm also litigates a variety of common law and statutory intellectual property matters, including federal trademark, copyright, and patent actions; covenants not to compete; trade secret actions; and confidentiality agreements. We work closely with our client's patent counsel when appropriate.

Trade Regulation/Securities
The firm attorneys represent clients in a broad range of trade regulation and securities issues, including franchising and distribution agreement; mergers and acquisitions; pre-merger notification requirements; pricing and marketing; trade association activities; purchase and supply contracts; licensing agreements; antitrust compliance programs; and preparation of proxy materials and other SEC and state disclosure documentation. Our trial lawyers have litigated trade regulation and securities disputes, including those involving deceptive trade practices, antitrust, trademark, copyright and patent infringements, stock sale agreements and 10(b)5 (fraud) claims.

Health Care
Our litigators have represented physicians, hospitals, other health care providers, and insurers in a variety of disputes, including matters involving contracts, malpractice, antitrust, false imprisonment, subrogation, and ERISA. We also represent providers with regard to various regulatory matters, including certificates of need, licensing, reimbursement, Department of Insurance issues, and Medical Board investigations.

Insurance
We understand the insurance regulatory process and the rights of both insurance companies and policy holders. We frequently are called on to counsel clients about insurance coverage questions. We work closely with our clients' risk management personnel. We represent clients in disputes against insurers involving health care policies; ERISA; personal injury and property damage; construction and surety bonds; business interruption; errors and omissions; director’s and officer’s liability; professional liability; product liability; environmental liability; and excess and reinsurance coverage issues. The firm’s work with its clients has involved the recovery of millions of dollars of insurance benefits. We also represent insurers in disputes concerning commercial general liability policies, health policies, other specialty policies, ERISA issues, and bad faith claims. We have also served as general counsel to a large health maintenance organization in which capacity we have been and are involved in many different coverage issues.

Probate
Our probate litigation practice encompasses the wide variety of conflicting claims and interests that can arise in the administration of an estate, trust, or guardianship. The firm has defended and prosecuted many claims arising from the conduct of beneficiaries, estates, trustees, fiduciaries, and creditors occurring before and after the decedent’s death. Our lawyers have also litigated matters involving construction of and challenges to wills and trusts.

Arbitration/Alternative Dispute Resolution
We are experienced in alternative dispute resolution mechanisms, such as arbitration and mediation. When appropriate, alternative dispute resolution can help minimize the cost and time involved in litigating disagreements in court. The firm's lawyers have tried cases before the American Arbitration Association and other similar arbitration entities.