Benesch’s Litigation Practice Group actively pursues cost-effective outcomes in courtroom litigation and dispute resolution for clients that include multi-national and publicly held companies, private companies, profit and non-profit boards, municipalities and other government entities, lenders, insurers and individuals. On a daily basis, our litigation attorneys are involved in virtually every type of business dispute, including hostile takeovers and mergers, contract disputes, fraud claims, construction and real estate disputes, securities litigation, director and officer liability issues and unfair competition matters.
Our Litigation Practice Group’s approach and the positive results that follow have earned the group national accolades for client service. In 2020, Benesch was named a “Recommended Firm” by Benchmark Litigation for the fifth consecutive year and was listed in Chambers USA. Additionally, 2020 U.S. News & World Report/Best Law Firms ranked Benesch a first-tier firm for Commercial Litigation in Chicago and Cleveland. Further, individual members of the group have been named State and Local Litigation Stars by Benchmark Litigation, and have also been ranked by Chambers USA. Finally, Benesch was again named Law Firm of the Year in Transportation Law for 2020 (also received this distinction in 2014, 2016 and 2017) by the U.S. News & World Report/Best Lawyers® “Best Law Firms” ranking. Only one law firm per practice area in the U.S. receives this recognition.
At Benesch, experience makes up only half of what we offer to our clients. We take advantage of our industry exposure to also give fully customized service. Our attorneys immerse themselves in their client’s business and take the time to understand their needs. Then, using their industry knowledge and legal skills and a multi-disciplinary team approach, our attorneys develop a customized solution for each client.
Ulmer & Berne LLP takes pride in understanding its clients’ businesses from the ground up, and the firm provides comprehensive legal services to an international client base from our locations in Cleveland, Cincinnati, Chicago, Columbus, New York, Washington D.C., and Boca Raton. Our attorneys represent dynamic companies of all sizes across a wide spectrum of industries, including publicly traded and privately held companies, financial institutions, pharmaceutical companies, emerging businesses, and nonprofits. Since the firm’s founding in 1908, Ulmer has had just four managing partners, which speaks to the consistency of our mission — solving our clients’ issues with pragmatic counsel of the highest quality.
Our firm is built on understanding our clients’ legal and business objectives and helping them achieve their goals. We are a leader in the legal industry, providing the competency and breadth of larger firms infused with the client-centric service and efficiency of smaller firms. We work tirelessly to create unique and innovative solutions to address our clients’ ever-changing needs. We are passionate client advocates who deliver practical, effective legal strategies while never losing sight of our clients’ goals. Our objective is to deliver exceptional value and exceed expectations.
Litigation Overview: With more than 100 attorneys dedicated to litigation matters, Ulmer’s Litigation Department is the largest group in the firm. Our significant litigation resources, which are comparable to those of larger firms, are augmented by our efficient staffing practices, flexibility, and unwavering focus on delivering top-tier services. Our unique positioning allows us to direct attorneys with the right mix of substantive expertise to each matter, customizing our service to fit the particular needs of each client. In addition to class actions, complex commercial litigation, mass torts, and regulatory proceedings, Ulmer regularly represents clients in internal investigations, white collar matters, bankruptcies, and ADR proceedings. The firm maintains nationally respected practices in multiple areas, including:
Business Litigation: We recognize the amount of distraction and dislocation that can result from complex business litigation, and we work with our clients to minimize such effects. Ulmer’s business litigators are problem solvers and accomplished trial lawyers adept at successfully handling business disputes of all kinds including complex commercial cases, M&A, shareholder and investor disputes, contract, business torts, cybersecurity and privacy, business ownership, accountant and attorney malpractice, property disputes, insurance coverage, restrictive covenants, and trade secret-related matters.
Construction Litigation: Our construction litigation team starts by understanding our clients’ vision for success and then draws on its significant experience and expertise in the construction industry to turn that vision into a reality. Throughout the country, our attorneys partner with owners, architects, engineers, contractors, and developers to create smart solutions to complex problems, including managing disputes through mediation, arbitration, and litigation. We assist clients with a variety of claims including but not limited to construction defect, delay, and lien claims, and defend against construction site accidents and workers’ compensation claims.
Employment and Labor Litigation: We understand human capital is one of the most valuable resources and biggest expenses for businesses. We provide the full spectrum of employment and labor representation, ranging from strategic counseling to the defense of complex litigation matters. We have substantial experience in: employee discipline and termination; unlawful discrimination; unfair labor practice allegations; extensive internal investigations; affirmative action plan development and implementation; wage and hour issues; employment contracts; FLSA, OSHA, and ERISA compliance and defense; collective bargaining negotiations; immigration challenges; and workers’ compensation claims.
Financial Services and Securities Litigation: Ulmer attorneys have the deep knowledge and broad experience required to guide clients safely through an evolving regulatory and economic landscape. The group represents financial institutions of all sizes nationwide in complex court and arbitration actions and in regulatory investigations and enforcement proceedings brought by regulatory agencies including FINRA, the CFTC, the OCC, and the SEC. We routinely litigate claims involving breach of fiduciary duty, fraud, common law and statutory consumer violations, UCC, lending violations, unsuitable investments, and churning and other securities claims.
Intellectual Property Litigation: In the high-stakes world of intellectual property, industry disputes involving business critical technology can threaten the viability of businesses. Ulmer attorneys use their technically diverse backgrounds to provide counsel in complex cases concerning a wide variety of technologies and scientific processes. We provide core IP litigation services to clients in cases involving: patent infringement, ownership, and validity; copyright, trademark, and trade dress infringement; unfair competition and false advertising claims; software and licensing disagreements; and disputes regarding e-commerce and internet domain names, disclosure or theft of trade secrets, and breaches of confidentiality agreements.
Product Liability Defense: Ulmer is a leader in defending class action, multidistrict, and mass tort litigation involving drugs, medical devices, and dietary supplements. Our attorneys have served as lead national defense counsel in high-impact litigation matters involving: antidepressants; contraceptives; testosterone replacement therapy; ADHD, cardiovascular, gastrointestinal, oncology, and pain medications; cardiovascular and diabetes management devices; biologic products; weight management products; and performance training supplements. They also counsel pharmaceutical, medical device, and dietary supplement companies on regulatory and risk management matters. The practice is strengthened by its many attorneys who have degrees in various scientific disciplines.
Every day, we put our clients first. We are committed to providing practical, meaningful solutions that make sense for you, and focus on delivering outstanding results.
Updated Aug 2021
DiCello Levitt Gutzler was founded in 2017 as a new kind of law firm—one that starts with a basic philosophy: that everyone at the firm is a vital team member, with a voice and talents that add value in any situation. The firm was founded to advance the law at regulatory, legislative, and policy levels, and to serve as a first of its kind law firm providing tireless advocacy with a steadfast commitment to justice for victims of injustice, ranging from institutional investors to individuals, businesses, and public clients in the nation’s largest and most consequential matters. The firm pursues complex litigation and arbitration matters with a vigor and dedication that is unparalleled in the legal industry.
DiCello Levitt combines excellence in commercial litigation, class action litigation, mass tort litigation, catastrophic injury litigation, medical malpractice litigation, environmental justice, and civil rights litigation. Representing institutional investors, individuals, businesses, and public clients, the firm’s attorneys have successfully prosecuted and settled numerous complex cases and class actions, resulting in billions of dollars in recoveries for their clients and other class members.
Partners Mark DiCello, Adam Levitt, and Greg Gutzler lead a top-notch team of recognized leaders who share a collective depth of experience and steadfast commitment to justice. Their tireless advocacy on behalf of their clients is well-known, led Mike Bowers, Georgia’s former Attorney General, to characterize a settlement obtained by partners Adam Levitt and Amy Keller on behalf of small business owners against a major credit card processor as a “work of art,” and “one of the best pieces of legal work I have ever observed.” Champs Sports Bar & Grill v. Mercury Payment Systems, LLC, No. 16-cv-00012 (N.D. Ga.).
Today’s Environment – The Global Pandemic and Beyond: The firm has been in the headlines recently as it remains at the forefront of unearthing “what’s next” in the marketplace and tirelessly pursuing meaningful and lasting change. Many of our cases have involved aggressive corporate governance reforms that have changed the way companies—and even industries—operate.
Venture Partner With Its Clients: DiCello Levitt Gutzler has recovered more than $16 billion for our clients. The firm delivers results in an innovative way by venturing cases with our clients as venture partners. It aligns our collective interests and enhances our clients’ management of litigation risk.
Based on our successful track record, we have forged a reputation for success in complex litigation and arbitration—most recently being named “Trial Lawyers of the Year” by Public Justice. Because we venture cases with our clients, they can be confident that our interests are aligned with theirs and that we will assess their mission-critical needs as we would for ourselves. In our case analysis and preparation, we focus on the end result—a successful settlement or trial verdict. Our singular focus delivers cohesive and compelling thematic and evidentiary foundations. We don’t use a set playbook; rather, we adapt our broad toolkit to each client’s unique goals and needs. Correspondingly, our flexible billing arrangements demonstrate our commitment to every client’s particular circumstances and allow us to align incentives in joint venture relationships.
The firm’s attorneys have successfully led—and are presently leading—many large class and multidistrict actions, including against industry titans such as Boeing, Zurich, Coca-Cola, ADM, Apple, Intel, Abbott Labs, Ford Motor Company, General Motors, and Equifax, and representing businesses and investors in arbitrations and litigation in courts across the United States and internationally. In the past four years alone, the firm has been appointed to lead fifteen multidistrict litigations.
DiCello Levitt is powered by experience, values, and commitment to client service. Our firm is built on the experience of some of the nation’s most prominent and successful plaintiffs’ attorneys, and unified in our collective devotion to justice through winning massive recoveries on behalf of individuals and companies at home and abroad.
Trial-First Focus: DiCello Levitt Gutzler’s proven ability to try cases further distinguishes the firm from competitors. Through our trial-first approach—including more than 100 focus groups and several major trials since the firm’s inception—the firm crafts practical and effective legal and business solutions for our clients. Our thematic approach drives all strategic decisions to deliver optimal results. The firm’s in-house focus group and mock-jury practice—a unique and primary differentiator from other plaintiffs’ law firms—allows its attorneys to streamline cases by identifying case themes early on, ensuring that discovery is geared toward those themes and the individual elements that the firm will have to prove in any case. This distinctive focus group practice also assists the attorneys in preparing for trial, allowing the firm to capture the jury’s attention on issues that matter as they continuously hone oral and closing arguments, and simulate trials and oral arguments in a courtroom setting. The firm’s in-house operations allow for dramatic cost and resource savings in the cases that the firm’s attorneys handle and ensures that each case the firm takes on is “trial-ready.” These dramatic cost and resource savings benefit the firm’s clients (and, in class cases, the other class members), leaving additional funds to be distributed to them from any recoveries.
If an action advances to trial, Robert F. DiCello, one of the leading trial lawyers in the United States, joins the trial team. Mr. DiCello is an invaluable addition with his unparalleled trial experience and savviness in working with focus groups to prepare for trial. A powerful storyteller and trial lawyer, Mr. DiCello has secured multiple multi-million-dollar recoveries for victims, across a variety of fields. Other members of the firm’s trial team are consistent thought leaders on applying cognitive neuroscience techniques to trial advocacy, both as trial lawyers and as frequent instructors to other trial lawyers across the country.
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Updated Aug 2021