Litigation

Overview

Arent Fox’s 98 litigators practice in federal and state courts across the country and are involved in dispute resolution around the globe. We appear before state and federal regulatory agencies and have an active arbitration and alternative dispute resolution practice before organizations such as the American Arbitration Association. We also handle private mediations and arbitrations worldwide.

E-Discovery

Modern business is ever more reliant on electronic communication and vast amounts of stored electronic information, which can become the subject of discovery in litigation. Properly capturing, reviewing and producing all that data can be tricky enough. But amendments to the Federal Rules of Civil Procedure, increasingly sophisticated demands from litigants, and potentially serious consequences for failure to comply have combined to make the electronic discovery a risky and costly process. Arent Fox helps clients navigate all phases of electronic discovery while minimizing risk and cost.

» click here for a printable fact sheet that summarizes our e-discovery offerings

Bankruptcy and Financial Reorganization

Arent Fox represents creditors’ committees, debtors, indenture trustees, bondholders, noteholders, secured creditors and providers of financing in bankruptcy proceedings in such fields as real estate, construction, health care, manufacturing, insurance, securities brokerage, retail, telecommunications, e-commerce and Internet, energy, restaurant, hotel, hospitality and product manufacturing.  We handle both transactional and litigation-oriented matters.

» click here to visit our Bankruptcy and Financial Restructuring page

Commercial

Arent Fox represents plaintiffs, defendants, third parties and amici curiae in trial court litigation and appeals. We have extensive jury and non-jury trial experience. We also represent clients in dispute resolution outside the courtroom, using mediation, arbitration, negotiation, mini-trials and other techniques.

We represent a broad spectrum of clients—individuals, corporations, nonprofits, trade associations and foreign countries. In addition to serving as trial counsel, our services include:

• Conducting internal investigations
• Monitoring developments in particular industries
• Monitoring precedents and filings in specific jurisdictions
• Counseling on ongoing litigation or actions that could trigger litigation

Construction

Arent Fox represents contractors, architect-engineers and owners in the prosecution and defense of construction claims. We advise clients in cases involving a wide range of projects, including bridges, courthouses, hospitals, industrial process facilities, office buildings, sports stadiums, roads, shopping centers, power plants and subway stations.

We handle the full range of construction disputes, including:

• Delay, disruption and acceleration claims
• Default terminations
• Design changes and deficiencies
• Concealed conditions
• Structural failures
• Surety claims
• Interpretation, reformation or rescission of contract terms

Labor and Employment

Arent Fox represents clients on diverse issues that arise in the workplace. We act as advisors, negotiators, advocates and litigators, representing primarily employers in personnel, labor relations, employment discrimination, occupational safety, benefits, immigration, legislative, health care and other employment-related matters.  Our cases frequently include allegations of sexual harassment, as well as discrimination on the basis of age, disability, race, sex or sexual orientation. We have also been retained by companies to conduct internal investigations of sexual harassment claims.

We have defended “wrongful discharge” cases in state and federal courts in bench and jury trials. We also represent employers who bring claims against former employees for breach of contract, unfair competition and breach of fiduciary duties. We have one of the best-known OSHA-defense practices in the country.

» click here to visit our Labor and Employment page

ERISA/Americans With Disabilities Act (ADA)

Arent Fox litigates benefits cases arising under Titles I and IV of ERISA, the Internal Revenue Code, the Americans with Disabilities Act (ADA) and other laws relating to employee benefits. We have litigated cases at trial court and appellate levels on post-retirement medical benefits, severance pay and other issues.  Our ERISA litigators have briefed or argued more than a dozen ERISA cases in the United States Supreme Court. One of our ERISA's partners is a former General Counsel of the Pension Benefit Guaranty Association.

» click here to visit our ERISA page

Government Contracts

Arent Fox represents prime contractors and subcontractors throughout the government procurement process. We represent clients who are confronted with audits, investigations, suspensions, debarments, civil fraud penalties and criminal prosecution. Services include:

• Preparing and prosecuting claims before the Board of Contract Appeals, the US Court of Federal Claims and the US Court of Appeals for the Federal Circuit
• Defending government claims of defective cost or pricing data, cost accounting standards violations and False Claims Act violations
• Handling Contract Adjustment Board claims and prime contract/subcontract disputes
• Handling similar claims under state and local government contracts

» click here to visit our Government Contracts page

Insurance

Arent Fox has experience in a wide range of insurance matters and has successfully tried insurance coverage cases in New York, the District of Columbia, Delaware, Florida, California, Texas and many major US cities. We also handle reinsurance disputes, primarily in international arbitrations.

We have expertise in claims involving:

• Property damage
• Environmental replacement and remediation
• Business interruption
• Product liability
• Advertising liability

We also have expertise in specialized insurance policies covering financings, environmental contamination, builders’ risk, owner-controlled insurance programs for construction projects’ anticipated revenue, fiduciary insurance, directors and officers liability, professional errors and omissions and most property and casualty off-the-shelf and manuscript policies.

Intellectual Property

Arent Fox counsels clients on how to avoid liability for patent, trademark and copyright infringement and unfair competition. We devise strategies for protecting intellectual property rights without resorting to litigation but are prepared to represent clients in any forum.

We handle claims in state and federal courts, foreign courts, administrative agencies and arbitration and industry settings. Specialties include:

• Trademark, patent and copyright infringement
• Unfair competition
• False advertising
• Misappropriation of trade secrets
• Counterfeit and "gray" goods

» click here to visit our Intellectual Property page

International Trade

Arent Fox represents foreign producers, trading companies, and US importers and exporters in trade matters before federal government entities such as the US Trade Representative, Department of Commerce, Customs Service, International Trade Commission and Congress.  Specialties include:

• Antidumping duty and countervailing duty
• Export control and embargo compliance
• Trade legislation

» click here to visit our International Trade page

Life Sciences

Arent Fox’s expertise in the life sciences field includes litigation and arbitration in a range of issues, including:

• Drug development
• Drug approval
• Patent disputes over vaccines and new drugs
• Generic approval for established drugs

» click here to visit our Life Sciences page

Media, Sports and Entertainment

Arent Fox represents a broad range of clients including major professional sports franchises, producers and distributors of motion pictures, cable television, music and interactive content, financial institutions and private investors, trade associations and other industry interests seeking to influence legislative and regulatory policy.

• Media and Entertainment. Arent Fox's media and entertainment practice emphasizes motion picture and television transactions, international licensing in traditional and interactive formats, all aspects of production, distribution and financing of media properties and intellectual property, insurance, advertising and antitrust issues. We are active in litigating industry issues including copyright, trademark, invasion of privacy/publicity, advertising and commercial disputes over programming, talent, finance, contract, insurance and accounting matters
• Sports. Arent Fox serves as counsel to the Washington Wizards, the Charlotte Bobcats, the Washington Mystics, the Charlotte Sting and the Tampa Bay pro baseball franchise. One of our clients has recently purchased the New Jersey Nets. For these and other sports clients, we litigate contract issues, construction disputes, insurance disputes and other cases
• Employment Issues. We provide counsel on employment disputes, collective bargaining agreements and sponsorship arrangements for leagues, teams and individuals

» click here to visit our Media, Sports and Entertainment page

Real Estate

Real estate is one of the core practices of Arent Fox and one of the key strengths of its Litigation Department. We pride ourselves not only being vigorous advocates, but also creative and diligent problem solvers. Thus, members of the real estate litigation team work closely with our transactional lawyers to keep transactions on track, avoid unnecessary litigation expense, and protect and defend bargains that have been struck. In short, clients can expect deals to be handled creatively, effectively, and efficiently.

Our clients are some of the most demanding and sophisticated in the field. We represent major global investment banks, residential and commercial lenders, office and retail REITS and REMICs, shopping center owners, national and international office and retail tenants, architects, securitization syndicators, and title insurers, among others.

Arent Fox represents real estate clients in state and federal trial and appellate courts, often serving as coordinating or supervising counsel. We frequently handle arbitrations and mediation as private alternatives to resolving disputes.

We have litigated the broad range of real estate matters, including complex partnership disputes, claims between sellers and buyers, securitization disputes, real estate security litigation, takeovers of real estate companies, class actions, mortgage practices, business practices, architect liability, commercial leasing, ground leasing, title insurance, lender liability, and lien and title issues.

We also have litigation expertise in areas closely related to real estate. Working with our Bankruptcy and Financial Restructuring Group, we have appeared in bankruptcy courts across the country, handling everything from lease termination and rejection issues to large-scale reorganizations and restructuring.

Our very strong construction litigation team handles the full range of construction disputes. We represent contractors, architect-engineers and owners in the prosecution and defense of construction claims on the full range of range of projects, including bridges, courthouses, hospitals, industrial process facilities, office buildings, sports stadiums, highways, shopping centers, power plants and subway stations.

In a wide array of environmental matters, we frequently counsel real estate clients with respect to asbestos, mold, and soil and groundwater contamination issues and, when disputes over these issues occur, represent those clients in litigation.

We also have substantial experience advising real estate clients on compliance with state and federal housing discrimination and disability laws, such as the Fair Housing Act and the Americans with Disabilities Act, and we know our way around administrative agencies, such as HUD, in addition to the courts.

But we are not just gladiators in the arena of litigation. We are also business-savvy lawyers who apply our experience to the shaping of transactional documents, conducting independent investigations to prevent litigation, and providing second opinions to ensure litigation is conducted well.

» click here to visit our Real Estate page

White-Collar Crime/False Claims Act/Health Care

Arent Fox represents institutional and individual clients facing allegations of business-related and other criminal conduct. We represent clients during all phases of an investigation, from subpoena compliance and grand jury proceedings to criminal defense at trials and on appeals. We also represent foreign entities facing domestic investigations and coordinate multi-country civil and criminal litigation.

We have expertise in the federal False Claims Act (FCA), including the qui tam or whistleblower provision, and various state false claims acts, particularly those of California, Florida and Massachusetts. We also represent defendants in the Court of Federal Claims and the U.S. Court of Appeals for the federal circuit and deal with allegations of fraudulent claims under FCA.

We concentrate in matters involving health care fraud and government contracts. Practice group members are experienced in handling FCA disputes involving programs of the departments of agriculture, defense, education, health and human services, housing and urban development, transportation, and veterans affairs and the Agency for International Development, the Federal Aviation Administration and the General Services Administration.

» click here to visit our Health Care page