Services Commercial Litigation

Our multi-disciplinary team of commercial litigators have extensive experience in state and federal courts as well as arbitration and are proficient in numerous areas of law which enables us to assist clients with most simple and complex matters.

Kean Miller regularly represents businesses in the energy, petrochemical, manufacturing, maritime, construction, engineering, retail, hospitality, advertising, healthcare, software, technology, transportation, wildlife, and entertainment industries. We have specific experience with property damage, personal injury, insurance coverage, bankruptcy, contract disputes, trade secrets, non-competition agreements, commercial collections, public-bid challenges, fiduciary claims, trademarks, and other business controversies. Our teams have 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 work hand-in-hand with clients to develop and execute sophisticated litigation strategies that align with their business goals and budgets. We evaluate matters from multiple perspectives and take into account potential short- and long-term risks, reputational impacts, financial considerations, exit options, and other factors that can influence decision making processes. Most importantly, our attorneys communicate with clients throughout engagements to ensure consistency, maintain focus, and achieve the desired outcome. Kean Miller often serves as go-to Louisiana and Texas counsel for industry-leading national and international businesses and national law firms involved in high-stakes commercial litigation.

Business Competition & 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 billion.
• Representation of a farm and land company a case wherein the plaintiffs sought over $51 million in damages for alleged trade secret violations, breach of contract, and unfair trade practices. Obtained a complete dismissal on summary judgment.
• 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.

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 stockbrokers, dealers, promoters, partners, and executives with regard to security fraud claims.
• Defense of stockbrokers and agents on suitability-related claims.

Government-Related Claims

• 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.

Corporate/Company Governance

• Representation of majority and minority stakeholders in corporations and Limited Liability Companies involved with disputes as to corporate governance, minority owner rights, claims of stockholder oppression, and related issues.
• Represented majority owners of limited liability company in defending minority owner claims of breach of fiduciary duty and breach of contract related to use of immovable property.
• Represented limited liability company defending claims by minority owner as to amount owed to withdrawing member.

Software and Technology

• Successful representation of both software providers and customers in claims of breach of contract related to software use, sales, and implementation in, arbitrations throughout the United States.

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.
• Represented trustee in addressing claims concerning accounting and breach of duty.
• Represented real estate developer in conflict with bank and investors.

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.

Real Estate

• Successful defense of a real estate agent in Real Estate Settlement Practices Act (RESPA) litigation.

Mediation & Arbitration

• Mediation of claims of unfair trade practices and trade secrets against former employees/business partners who established competing business.
• Mediation of residential and commercial property insurance claims, including hurricane and storm related claims.