Practice/Industry Group Overview
Whether you require enforcement of an energy contract or have claims in a bankruptcy proceeding, the Adams and Reese Litigation Team will fight for your contractual and creditor rights. Our experience on the transactional side of many industries assists with our litigation approach because we understand proper contract language as well as the rights and obligations that support enforcement. We also know the common loopholes that can be used to argue against enforcement.
Responding quickly to enforcement of insurance claims or royalties, your rights under a real estate contract or indemnity clause, Adams and Reese can quickly ascertain whether it makes sense to go to trial. If not, our teams in ADR or corporate negotiation can also work with you to resolve a dispute.
Adams and Reese litigators have logged many hours in courtrooms at the local, state and federal levels. We have a strong working knowledge of the processes and judges as well as the style of opposing counsel. Speaking your industry language helps us to quickly assess and develop remedies that will serve your business — not only for a specific case but also in the larger context of your industry. And we have handled many complex and class action cases in the areas of medical/pharmaceutical, insurance, toxic tort and product and premises liability.
Active lobbying and advocacy gives us a broader perspective on litigation. With experience as elected officials and service on public commissions and agencies, we connect the dots between the judicial and legislative branches to sustain a healthy business environment.
Core Practice and Clients
Adams and Reese has represented clients for years in the oil, gas and energy industries as well as the insurance, manufacturing, maritime, real estate and financial services industries. From local and regional to national and even international litigation, our team’s primary strengths include:
Contractual Disputes: defending clients in claims regarding manufacturing or procurement contracts, exclusivity agreements, construction and insurance contracts, royalty or partnership agreements, compensation, union, non-compete and other employment agreements. Our transactional attorneys can also draft or revise contracts to make them more enforceable and help you avoid the cost of future legal disputes.
Bankruptcy and Restructuring: representing lenders and financial institutions, examiners and trustees in the recovery of assets and enforcement of lending, securities agreements and other financial contracts through the bankruptcy and restructuring process. This may include workouts, pursuit of avoidance actions and fraudulent transfers.
Professional Misconduct: advising professionals of their rights under professional responsibility statutes and defending them in suits brought by clients or licensing agencies. We also represent companies in the defense of wrongful termination suits and discrimination.
IP Enforcement: providing strategic counsel and enforcement for patents, trademarks, copyright, trade secrets, non-compete and unfair competition litigation. Our practice is international in scope.
Regulatory Defense: representing clients before public commissions, licensing committees, state and federal taxing and insurance authorities regarding compliance issues or claims of misconduct. We have also sued public agencies to overturn regulatory or governmental rulings.
- Enforced client’s rights in a $100 million oil and gas lease transaction when the other party tried to avoid closing due to an unanticipated fall in energy prices.
- Represented a manufacturing concern in the procurement of machinery in which the supplier breached the exclusivity agreement of the product.
- Represented a manufacturer in the enforcement of indemnification agreements following an incident in which one of the manufacturer’s lifting devices fell on client property and caused injuries and property damage.
- Represented several oil and gas companies in the recovery of delinquent royalty payments.
- Represented one of America's largest food manufacturers in a high-profile food-product case, alleging fraud. Obtained a defense verdict vindicating client, from fraud allegations and $24 million of damages sought, and also received a verdict in the amount of $1.1 million on its counterclaim for breach of contract.
- Represented a large pharmaceutical and chemical manufacturer as appellate counsel in which buyers and processors of farm-raised crawfish filed a class action against client alleging that crawfish crops were damaged and their businesses adversely affected by the use of a pesticide manufactured by the client's predecessor and used by Louisiana farmers in rice fields where crawfish were also raised. The Louisiana Third Circuit Court of Appeal reversed a $1.75 million judgment against our client, holding the company not responsible for the claims of buyers and processors of farm-raised crawfish.
- Obtained a unanimous jury verdict for an academic and multi-specialty, healthcare system in a medical malpractice case in which a cardiothoracic surgeon allegedly failed to obtain informed consent to heart bypass surgery for a high-risk, disabled patient and the delayed treatment caused a severe sternal wound infection.
- Avoided policy limits exposure, resolved dispute and avoided impuning the client's reputation in a recreational boat accident in which the plaintiff asserted defect in boat design, labels and warnings. A vigorous defense resulted in significant criticism of plaintiff's expert and undermined their case, leading to a settlement.
- Represented a risk management company, which was awarded in excess of $10 million in a case in which one of three owners of a company that provides third-party administrator service to self-insured employers turned renegade and set out on a course to destroy his own company and shift its business to another company he owned. The jury found that his acts amounted to breach of his fiduciary duties to the company and his fellow owners and violated the state unfair trade practice law.
- Defended publicly traded corporation against multi-billion dollar claims in multi-district class action litigation wherein plaintiff class alleged Civil RICO violations arising from company's delivery of health care services.
- Defended Wall Street investment bank and its general securities representative in unsuitability, "dram shop" claim brought by investor seeking in excess of $30 million in NASD and federal court proceedings.
- Defended international conglomerate in alleged industry-wide price-fixing conspiracy violating federal antitrust laws.
- Defended a billion dollar privately held company that had acquired a long distance telephone business against claims by the selling shareholders of fraud and breach of contract related to alleged damages in excess of $50 million under an earnout provision in the purchase agreement.
- Represented retirement plan and trustee seeking a multi-million dollar recovery against 15 defendants for their breach of fiduciary duty and breach of contract arising from mismanagement of retirement fund in proceedings in federal and state court and before the NASD.
- Defended publicly-traded Delaware corporation against claims of major corporate shareholder alleging inappropriate entrenchment by management and breach of their fiduciary duty for misleading SEC disclosures and awarding excessive compensation.
- Defended D&O insurer of publicly traded bank in class action securities matter brought by investors seeking hundreds of millions of dollars for alleged fraud arising from inappropriate omissions and inaccurate disclosure of loan loss reserve and setting of same.
- Defended a corporate registered investment advisor and three of its officers against claims by its client alleging unsuitability pursuant to federal and state securities laws as well as claims of breach of fiduciary duty, deceptive trade practices and common law fraud.
- Represented creditor seeking in excess of $500 million in the Enron bankruptcy.
- Defended major accounting firm against $700 million claim of professional liability and fraud relating to audit work performed for publicly traded company, which was liquidated in bankruptcy court.
- Represented multi-million dollar privately held corporation seeking millions of dollars in damages for breach of warranty and related UCC claims arising from the alleged defective manufacture of specialized equipment.
- Defended officers and directors of a privately held medical device company in federal court against claims by investors alleging fraudulent inducement, negligence, misrepresentations and stock fraud.
- Defended officers and directors of a publicly traded manufacturing company against claims by trustee in bankruptcy alleging negligence, self-dealing and breach of fiduciary duty.
- Defended a health care claims management company against claims seeking multi-million dollar recovery for negligence, misappropriation and fraud relating to alleged non-payment of health care claims on behalf of the insurer.
- Defended a bank and one of its officers in a lawsuit alleging negligence and seeking a declaratory judgment and damages related to loan secured by real property.
- Represented an international plastics manufacturer in a multi-million dollar lawsuit on an account owed to it and defended against claims of poor product quality and fraud.
- Represented a petroleum information company to protect its multi-million dollar intellectual property rights related to enforcing a written contract and licensing agreements.
- Represented operator in breach of contract and fraud claim arising from a large international offshore construction project.
- Defended an international manufacturing company against claims by a subcontractor seeking payment for change orders on a petroleum high-pressure vessel fabrication job and including dissolving writs of attachment.
- Defended company against a multi-million dollar maritime lien claim on a construction project involving two offshore jack-up rigs.
- Defended national franchisor against Civil RICO, fraud and conspiracy claims by franchisees.
- Represented publicly traded corporation alleging Civil RICO violations against companies for falsifying and fabricating asbestos lawsuits.
- Represented major oil companies, as well as independents, in offshore and onshore oil and gas lease, contract and operation disputes.
- Represented many employers in a trade secrets case against a former employee, who took confidential and proprietary information to use with a competitor.
- Represented many employers to enforce a covenant not to compete against a former employee, who joined a substantial competitor.
- Represented many companies to defend against alleged breach of or to enforce terms of a contract, including complex indemnity obligations.
By choosing Adams and Reese, you don’t have to anticipate a scorched earth approach. We develop an early understanding of your objectives and then recommend a strategy to achieve that end cost-effectively. Call us to discuss your legal concerns.