Business Disputes and Litigation

Kean Miller represents clients in a wide range of industries throughout Louisiana, the Gulf South, and beyond. Our Business Litigation team has specific experience in trade secrets and non-competition agreements, unfair trade practices, software and licensing matters, insurance coverage disputes, bankruptcy litigation and workouts, energy litigation, financial litigation, property damage claims, and construction disputes.

Our client teams aggressively seek creative solutions to our client's business, commercial and contract challenges. These teams are comprised of a multi-disciplinary group of attorneys from various experience levels with extensive trial and technical capabilities, including e-Discovery, Electronically Stored Information (ESI), electronic document production, trial technology, jury science, demonstrative exhibits, and strategic litigation management tools.

We strive to work closely with business executives and in-house counsel to establish goals for each engagement, to develop strategies for achieving those goals, and to keep costs and results in line with our client's expectations. Below is a summary of representative engagements during the last few years:

Business Competition and Trademarks
  • Representation of a Fortune 50 technology company in an unfair trade practices and breach-of-contract lawsuit through trial and appeal wherein the plaintiff sought more than $7.0 billion
  • Representation of a growing fast food and casual dining franchise in the theft of trade secrets by former employees, and in obtaining an injunction against the competing business concern
  • Representation of a international luxury goods maker in copyright and trade dress litigation
  • Successful defense of patent infringement claims in the construction, remediation, and off-shore energy industries
  • Resolution of complex disputes and trials using a coordinated team approach to resolving patent-related matters by using litigation management techniques, administrative proceedings, and creative licensing

Financial Services

  • Representation of banks, financial institutions and other lenders in commercial collection and foreclosure actions, including use of Louisiana's unique "executory process" procedures
  • Defense of national and state banks in connection with lender-liability claims involving alleged multi-million dollar losses
  • Defense of stock brokers, dealers, promoters, partners, and executives with regard to security fraud claims
  • Defense of stock brokers and agents on suitability-related claims
  • Defense of local and national finance companies accused of violating federal and state truth-in-lending laws

Government-Related Claims

  • Representation of would-be vendors in litigation against the State of Louisiana in successful challenges to public bids not initially awarded
  • Representation of clients against the State of Louisiana and others in successful challenges to the constitutionality of state statutes affecting the ability of health insurers to compete in Louisiana markets
  • Representation of an international manufacturing company in "whistle-blower" litigation involving alleged violations of state and federal environmental laws

Fiduciary Claims

  • Defense and prosecution of Director-and-Officer liability and other fiduciary duty-related claims
  • Defense and prosecution of claims arising from corporate management's alleged failure to follow its own governance documents and procedures
  • Defense of certified public accountants and other financial professionals in fiduciary litigation

Insurance Coverage

  • Representation of policy holders in disputes with insurers in connection with their duty to defend their insureds, and in the recovery of attorneys fees from insurers for the cost of providing a legal defense

Healthcare

  • Representation of clients against the State of Louisiana and others in successful challenges to the constitutionality of state statutes affecting the ability of health insurers to compete in Louisiana markets
  • Defense of home healthcare provider against breach-of-contract and copyright-infringement claims arising from its development of a new technology that provided a competitive advantage in point-of-care record keeping

Real Estate

  • Representation of an international refiner in eviction of former tenant operating within the refinery's fence line, and in breach-of-contract claim against former tenant
  • Representation of a large commercial landlord in eviction proceedings throughout Louisiana and beyond
  • Successful defense of a real estate agent in RESPA (Real Estate Settlement Practices Act) litigation

Local Counsel

  • Kean Miller often serves as go-to Louisiana counsel for industry-leading national and international businesses and national law firms involved in high-stakes commercial litigation; references are available upon request