Business Litigation

Kean Miller LLP aggressively seeks creative solutions to our client’s commercial and contract disputes.  We 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.  Kean Miller LLP represents clients in a variety of industries throughout Louisiana, the Gulf South, and beyond.  Our business litigation team has specific experience in intellectual property and trade secrets, non-competition agreements, computer software and licensing matters, insurance coverage disputes, bankruptcy litigation and workouts, and construction litigation.  Below is a summary of representative engagements during the last few years:

Business Competition & Trademarks
  • Representation of a Fortune 50 technology company in an unfair trade practices and breach-of-contract lawsuit through trial and appeal where the plaintiff sought more than $7.0 billion.
  • Representation of an 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 of 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 market.
  • 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.
Health Care
  • 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 market
  • Defense of home healthcare provider against breach-of-contract and copyright-infringement claims arising from its development of a new technology that provides a competitive advantage in point-of-care recordkeeping.
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 LLP 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.